Illinois General Assembly - Full Text of SB4042
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Full Text of SB4042  102nd General Assembly

SB4042 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB4042

 

Introduced 1/21/2022, by Sen. Melinda Bush

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Criminal Code of 2012. Provides that when the victim is under 18 years of age at the time of the offense or a person with a disability, a prosecution for grooming may be commenced within 10 years after the discovery of such an offense by a person or agency having the legal duty to report the offense or in the absence of such discovery, within 10 years after the proper prosecuting officer becomes aware of the offense. In the definition provisions of the Sex Offenses Article of the Code, includes "sibling" in the definition of "family member" and includes in the definition of "unconscious of the nature of the act", incapable of resisting because the victim was asleep, unconscious, or surprised such that the victim could not give voluntary, intelligent, and knowing agreement to the sexual act. Provides that a person also commits grooming when he or she knowingly engages in a pattern of conduct that entices, persuades, induces, or coerces a child to engage or participate in criminal sexual activity or is for the purpose of sexual gratification or arousal of the victim, the accused, or another. Increases the penalty for grooming from a Class 4 to a Class 3 felony. Changes references in the Code from "child pornography" to "child sexual abuse images". Defines "pattern" and "sexual activity". Amends the Code of Criminal Procedure of 1963. Provides that the court may set any conditions it finds just and appropriate on the taking of testimony of a victim or witness who is under 18 years of age or an intellectually disabled person or a person affected by a developmental disability (rather than a victim who is a child under the age of 18 years or a moderately, severely, or profoundly intellectually disabled person or a person affected by a developmental disability), involving the use of a facility dog in any criminal proceeding (rather than in a prosecution of criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, or any violent crime). Makes changes concerning the admissibility of evidence in prosecutions for involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons.


LRB102 25880 RLC 35237 b

 

 

A BILL FOR

 

SB4042LRB102 25880 RLC 35237 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Sections 3-5, 3-6, 11-0.1, 11-9.3, 11-20.1, 11-20.2,
611-23, 11-25, 14-3, 26-4, and 36-1 as follows:
 
7    (720 ILCS 5/3-5)  (from Ch. 38, par. 3-5)
8    Sec. 3-5. General limitations.
9    (a) A prosecution for: (1) first degree murder, attempt to
10commit first degree murder, second degree murder, involuntary
11manslaughter, reckless homicide, a violation of subparagraph
12(F) of paragraph (1) of subsection (d) of Section 11-501 of the
13Illinois Vehicle Code for the offense of aggravated driving
14under the influence of alcohol, other drug or drugs, or
15intoxicating compound or compounds, or any combination thereof
16when the violation was a proximate cause of a death, leaving
17the scene of a motor vehicle accident involving death or
18personal injuries under Section 11-401 of the Illinois Vehicle
19Code, failing to give information and render aid under Section
2011-403 of the Illinois Vehicle Code, concealment of homicidal
21death, treason, arson, residential arson, aggravated arson,
22forgery, child sexual abuse images pornography under paragraph
23(1) of subsection (a) of Section 11-20.1, or aggravated child

 

 

SB4042- 2 -LRB102 25880 RLC 35237 b

1sexual abuse images pornography under paragraph (1) of
2subsection (a) of Section 11-20.1B, or (2) any offense
3involving sexual conduct or sexual penetration, as defined by
4Section 11-0.1 of this Code may be commenced at any time.
5    (a-5) A prosecution for theft of property exceeding
6$100,000 in value under Section 16-1, identity theft under
7subsection (a) of Section 16-30, aggravated identity theft
8under subsection (b) of Section 16-30, financial exploitation
9of an elderly person or a person with a disability under
10Section 17-56; theft by deception of a victim 60 years of age
11or older or a person with a disability under Section 16-1; or
12any offense set forth in Article 16H or Section 17-10.6 may be
13commenced within 7 years of the last act committed in
14furtherance of the crime.
15    (b) Unless the statute describing the offense provides
16otherwise, or the period of limitation is extended by Section
173-6, a prosecution for any offense not designated in
18subsection (a) or (a-5) must be commenced within 3 years after
19the commission of the offense if it is a felony, or within one
20year and 6 months after its commission if it is a misdemeanor.
21(Source: P.A. 101-130, eff. 1-1-20; 102-244, eff. 1-1-22.)
 
22    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
23    Sec. 3-6. Extended limitations. The period within which a
24prosecution must be commenced under the provisions of Section
253-5 or other applicable statute is extended under the

 

 

SB4042- 3 -LRB102 25880 RLC 35237 b

1following conditions:
2    (a) A prosecution for theft involving a breach of a
3fiduciary obligation to the aggrieved person may be commenced
4as follows:
5        (1) If the aggrieved person is a minor or a person
6    under legal disability, then during the minority or legal
7    disability or within one year after the termination
8    thereof.
9        (2) In any other instance, within one year after the
10    discovery of the offense by an aggrieved person, or by a
11    person who has legal capacity to represent an aggrieved
12    person or has a legal duty to report the offense, and is
13    not himself or herself a party to the offense; or in the
14    absence of such discovery, within one year after the
15    proper prosecuting officer becomes aware of the offense.
16    However, in no such case is the period of limitation so
17    extended more than 3 years beyond the expiration of the
18    period otherwise applicable.
19    (b) A prosecution for any offense based upon misconduct in
20office by a public officer or employee may be commenced within
21one year after discovery of the offense by a person having a
22legal duty to report such offense, or in the absence of such
23discovery, within one year after the proper prosecuting
24officer becomes aware of the offense. However, in no such case
25is the period of limitation so extended more than 3 years
26beyond the expiration of the period otherwise applicable.

 

 

SB4042- 4 -LRB102 25880 RLC 35237 b

1    (b-5) When the victim is under 18 years of age at the time
2of the offense, a prosecution for involuntary servitude,
3involuntary sexual servitude of a minor, or trafficking in
4persons and related offenses under Section 10-9 of this Code
5may be commenced within 25 years of the victim attaining the
6age of 18 years.
7    (b-6) When the victim is 18 years of age or over at the
8time of the offense, a prosecution for involuntary servitude,
9involuntary sexual servitude of a minor, or trafficking in
10persons and related offenses under Section 10-9 of this Code
11may be commenced within 25 years after the commission of the
12offense.
13    (b-7) When the victim is under 18 years of age at the time
14of the offense, a prosecution for female genital mutilation
15may be commenced at any time.
16    (b-8) When the victim is under 18 years of age at the time
17of the offense or a person with a disability, a prosecution for
18grooming may be commenced within 10 years after the discovery
19of such an offense by a person or agency having the legal duty
20to report the offense or in the absence of such discovery,
21within 10 years after the proper prosecuting officer becomes
22aware of the offense.
23    (c) (Blank).
24    (d) A prosecution for child sexual abuse images
25pornography, aggravated child sexual abuse images pornography,
26indecent solicitation of a child, soliciting for a juvenile

 

 

SB4042- 5 -LRB102 25880 RLC 35237 b

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

 

 

SB4042- 6 -LRB102 25880 RLC 35237 b

1prosecution for criminal sexual assault, aggravated criminal
2sexual assault, or aggravated criminal sexual abuse may be
3commenced at any time. If the victim consented to the
4collection of evidence using an Illinois State Police Sexual
5Assault Evidence Collection Kit under the Sexual Assault
6Survivors Emergency Treatment Act, it shall constitute
7reporting for purposes of this Section.
8    Nothing in this subdivision (i) shall be construed to
9shorten a period within which a prosecution must be commenced
10under any other provision of this Section.
11    (i-5) A prosecution for armed robbery, home invasion,
12kidnapping, or aggravated kidnaping may be commenced within 10
13years of the commission of the offense if it arises out of the
14same course of conduct and meets the criteria under one of the
15offenses in subsection (i) of this Section.
16    (j) (1) When the victim is under 18 years of age at the
17time of the offense, a prosecution for criminal sexual
18assault, aggravated criminal sexual assault, predatory
19criminal sexual assault of a child, aggravated criminal sexual
20abuse, felony criminal sexual abuse, or female genital
21mutilation may be commenced at any time.
22    (2) When in circumstances other than as described in
23paragraph (1) of this subsection (j), when the victim is under
2418 years of age at the time of the offense, a prosecution for
25failure of a person who is required to report an alleged or
26suspected commission of criminal sexual assault, aggravated

 

 

SB4042- 7 -LRB102 25880 RLC 35237 b

1criminal sexual assault, predatory criminal sexual assault of
2a child, aggravated criminal sexual abuse, or felony criminal
3sexual abuse under the Abused and Neglected Child Reporting
4Act may be commenced within 20 years after the child victim
5attains 18 years of age.
6    (3) When the victim is under 18 years of age at the time of
7the offense, a prosecution for misdemeanor criminal sexual
8abuse may be commenced within 10 years after the child victim
9attains 18 years of age.
10    (4) Nothing in this subdivision (j) shall be construed to
11shorten a period within which a prosecution must be commenced
12under any other provision of this Section.
13    (j-5) A prosecution for armed robbery, home invasion,
14kidnapping, or aggravated kidnaping may be commenced at any
15time if it arises out of the same course of conduct and meets
16the criteria under one of the offenses in subsection (j) of
17this Section.
18    (k) (Blank).
19    (l) A prosecution for any offense set forth in Section
2026-4 of this Code may be commenced within one year after the
21discovery of the offense by the victim of that offense.
22    (l-5) A prosecution for any offense involving sexual
23conduct or sexual penetration, as defined in Section 11-0.1 of
24this Code, in which the victim was 18 years of age or older at
25the time of the offense, may be commenced within one year after
26the discovery of the offense by the victim when corroborating

 

 

SB4042- 8 -LRB102 25880 RLC 35237 b

1physical evidence is available. The charging document shall
2state that the statute of limitations is extended under this
3subsection (l-5) and shall state the circumstances justifying
4the extension. Nothing in this subsection (l-5) shall be
5construed to shorten a period within which a prosecution must
6be commenced under any other provision of this Section or
7Section 3-5 of this Code.
8    (m) The prosecution shall not be required to prove at
9trial facts which extend the general limitations in Section
103-5 of this Code when the facts supporting extension of the
11period of general limitations are properly pled in the
12charging document. Any challenge relating to the extension of
13the general limitations period as defined in this Section
14shall be exclusively conducted under Section 114-1 of the Code
15of Criminal Procedure of 1963.
16    (n) A prosecution for any offense set forth in subsection
17(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the
18Illinois Public Aid Code, in which the total amount of money
19involved is $5,000 or more, including the monetary value of
20food stamps and the value of commodities under Section 16-1 of
21this Code may be commenced within 5 years of the last act
22committed in furtherance of the offense.
23(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
24101-130, eff. 1-1-20; 101-285, eff. 1-1-20; 102-558, eff.
258-20-21.)
 

 

 

SB4042- 9 -LRB102 25880 RLC 35237 b

1    (720 ILCS 5/11-0.1)
2    Sec. 11-0.1. Definitions. In this Article, unless the
3context clearly requires otherwise, the following terms are
4defined as indicated:
5    "Accused" means a person accused of an offense prohibited
6by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of
7this Code or a person for whose conduct the accused is legally
8responsible under Article 5 of this Code.
9    "Adult obscenity or child sexual abuse images pornography
10Internet site". See Section 11-23.
11    "Advance prostitution" means:
12        (1) Soliciting for a prostitute by performing any of
13    the following acts when acting other than as a prostitute
14    or a patron of a prostitute:
15            (A) Soliciting another for the purpose of
16        prostitution.
17            (B) Arranging or offering to arrange a meeting of
18        persons for the purpose of prostitution.
19            (C) Directing another to a place knowing the
20        direction is for the purpose of prostitution.
21        (2) Keeping a place of prostitution by controlling or
22    exercising control over the use of any place that could
23    offer seclusion or shelter for the practice of
24    prostitution and performing any of the following acts when
25    acting other than as a prostitute or a patron of a
26    prostitute:

 

 

SB4042- 10 -LRB102 25880 RLC 35237 b

1            (A) Knowingly granting or permitting the use of
2        the place for the purpose of prostitution.
3            (B) Granting or permitting the use of the place
4        under circumstances from which he or she could
5        reasonably know that the place is used or is to be used
6        for purposes of prostitution.
7            (C) Permitting the continued use of the place
8        after becoming aware of facts or circumstances from
9        which he or she should reasonably know that the place
10        is being used for purposes of prostitution.
11    "Agency". See Section 11-9.5.
12    "Arranges". See Section 11-6.5.
13    "Bodily harm" means physical harm, and includes, but is
14not limited to, sexually transmitted disease, pregnancy, and
15impotence.
16    "Care and custody". See Section 11-9.5.
17    "Child care institution". See Section 11-9.3.
18    "Child sexual abuse images pornography". See Section
1911-20.1.
20    "Child sex offender". See Section 11-9.3.
21    "Community agency". See Section 11-9.5.
22    "Conditional release". See Section 11-9.2.
23    "Consent" means a freely given agreement to the act of
24sexual penetration or sexual conduct in question. Lack of
25verbal or physical resistance or submission by the victim
26resulting from the use of force or threat of force by the

 

 

SB4042- 11 -LRB102 25880 RLC 35237 b

1accused shall not constitute consent. The manner of dress of
2the victim at the time of the offense shall not constitute
3consent.
4    "Custody". See Section 11-9.2.
5    "Day care center". See Section 11-9.3.
6    "Depict by computer". See Section 11-20.1.
7    "Depiction by computer". See Section 11-20.1.
8    "Disseminate". See Section 11-20.1.
9    "Distribute". See Section 11-21.
10    "Family member" means a parent, grandparent, child,
11sibling, aunt, uncle, great-aunt, or great-uncle, whether by
12whole blood, half-blood, or adoption, and includes a
13step-grandparent, step-parent, or step-child. "Family member"
14also means, if the victim is a child under 18 years of age, an
15accused who has resided in the household with the child
16continuously for at least 6 months.
17    "Force or threat of force" means the use of force or
18violence or the threat of force or violence, including, but
19not limited to, the following situations:
20        (1) when the accused threatens to use force or
21    violence on the victim or on any other person, and the
22    victim under the circumstances reasonably believes that
23    the accused has the ability to execute that threat; or
24        (2) when the accused overcomes the victim by use of
25    superior strength or size, physical restraint, or physical
26    confinement.

 

 

SB4042- 12 -LRB102 25880 RLC 35237 b

1    "Harmful to minors". See Section 11-21.
2    "Loiter". See Section 9.3.
3    "Material". See Section 11-21.
4    "Minor". See Section 11-21.
5    "Nudity". See Section 11-21.
6    "Obscene". See Section 11-20.
7    "Part day child care facility". See Section 11-9.3.
8    "Penal system". See Section 11-9.2.
9    "Person responsible for the child's welfare". See Section
1011-9.1A.
11    "Person with a disability". See Section 11-9.5.
12    "Playground". See Section 11-9.3.
13    "Probation officer". See Section 11-9.2.
14    "Produce". See Section 11-20.1.
15    "Profit from prostitution" means, when acting other than
16as a prostitute, to receive anything of value for personally
17rendered prostitution services or to receive anything of value
18from a prostitute, if the thing received is not for lawful
19consideration and the person knows it was earned in whole or in
20part from the practice of prostitution.
21    "Public park". See Section 11-9.3.
22    "Public place". See Section 11-30.
23    "Reproduce". See Section 11-20.1.
24    "Sado-masochistic abuse". See Section 11-21.
25    "School". See Section 11-9.3.
26    "School official". See Section 11-9.3.

 

 

SB4042- 13 -LRB102 25880 RLC 35237 b

1    "Sexual abuse". See Section 11-9.1A.
2    "Sexual act". See Section 11-9.1.
3    "Sexual conduct" means any knowing touching or fondling by
4the victim or the accused, either directly or through
5clothing, of the sex organs, anus, or breast of the victim or
6the accused, or any part of the body of a child under 13 years
7of age, or any transfer or transmission of semen by the accused
8upon any part of the clothed or unclothed body of the victim,
9for the purpose of sexual gratification or arousal of the
10victim or the accused.
11    "Sexual excitement". See Section 11-21.
12    "Sexual penetration" means any contact, however slight,
13between the sex organ or anus of one person and an object or
14the sex organ, mouth, or anus of another person, or any
15intrusion, however slight, of any part of the body of one
16person or of any animal or object into the sex organ or anus of
17another person, including, but not limited to, cunnilingus,
18fellatio, or anal penetration. Evidence of emission of semen
19is not required to prove sexual penetration.
20    "Solicit". See Section 11-6.
21    "State-operated facility". See Section 11-9.5.
22    "Supervising officer". See Section 11-9.2.
23    "Surveillance agent". See Section 11-9.2.
24    "Treatment and detention facility". See Section 11-9.2.
25    "Unable to give knowing consent" includes when the accused
26administers any intoxicating or anesthetic substance, or any

 

 

SB4042- 14 -LRB102 25880 RLC 35237 b

1controlled substance causing the victim to become unconscious
2of the nature of the act and this condition was known, or
3reasonably should have been known by the accused. As used in
4this paragraph, "unconscious of the nature of the act" means
5incapable of resisting because the victim meets any one of the
6following conditions:
7        (1) was unconscious or asleep;
8        (2) was not aware, knowing, perceiving, or cognizant
9    that the act occurred;
10        (3) was not aware, knowing, perceiving, or cognizant
11    of the essential characteristics of the act due to the
12    perpetrator's fraud in fact; or
13        (4) was not aware, knowing, perceiving, or cognizant
14    of the essential characteristics of the act due to the
15    perpetrator's fraudulent representation that the sexual
16    penetration served a professional purpose when it served
17    no professional purpose; or
18        (5) was asleep, unconscious, or surprised such that
19    the victim could not give voluntary, intelligent, and
20    knowing agreement to the sexual act.
21    A victim is presumed "unable to give knowing consent" when
22the victim:
23        (1) is committed to the care and custody or
24    supervision of the Illinois Department of Corrections
25    (IDOC) and the accused is an employee or volunteer who is
26    not married to the victim who knows or reasonably should

 

 

SB4042- 15 -LRB102 25880 RLC 35237 b

1    know that the victim is committed to the care and custody
2    or supervision of such department;
3        (2) is committed to or placed with the Department of
4    Children and Family Services (DCFS) and in residential
5    care, and the accused employee is not married to the
6    victim, and knows or reasonably should know that the
7    victim is committed to or placed with DCFS and in
8    residential care;
9        (3) is a client or patient and the accused is a health
10    care provider or mental health care provider and the
11    sexual conduct or sexual penetration occurs during a
12    treatment session, consultation, interview, or
13    examination;
14        (4) is a resident or inpatient of a residential
15    facility and the accused is an employee of the facility
16    who is not married to such resident or inpatient who
17    provides direct care services, case management services,
18    medical or other clinical services, habilitative services
19    or direct supervision of the residents in the facility in
20    which the resident resides; or an officer or other
21    employee, consultant, contractor or volunteer of the
22    residential facility, who knows or reasonably should know
23    that the person is a resident of such facility; or
24        (5) is detained or otherwise in the custody of a
25    police officer, peace officer, or other law enforcement
26    official who: (i) is detaining or maintaining custody of

 

 

SB4042- 16 -LRB102 25880 RLC 35237 b

1    such person; or (ii) knows, or reasonably should know,
2    that at the time of the offense, such person was detained
3    or in custody and the police officer, peace officer, or
4    other law enforcement official is not married to such
5    detainee.
6    "Victim" means a person alleging to have been subjected to
7an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40,
811-1.50, or 11-1.60 of this Code.
9(Source: P.A. 102-567, eff. 1-1-22.)
 
10    (720 ILCS 5/11-9.3)
11    Sec. 11-9.3. Presence within school zone by child sex
12offenders prohibited; approaching, contacting, residing with,
13or communicating with a child within certain places by child
14sex offenders prohibited.
15    (a) It is unlawful for a child sex offender to knowingly be
16present in any school building, on real property comprising
17any school, or in any conveyance owned, leased, or contracted
18by a school to transport students to or from school or a school
19related activity when persons under the age of 18 are present
20in the building, on the grounds or in the conveyance, unless
21the offender is a parent or guardian of a student attending the
22school and the parent or guardian is: (i) attending a
23conference at the school with school personnel to discuss the
24progress of his or her child academically or socially, (ii)
25participating in child review conferences in which evaluation

 

 

SB4042- 17 -LRB102 25880 RLC 35237 b

1and placement decisions may be made with respect to his or her
2child regarding special education services, or (iii) attending
3conferences to discuss other student issues concerning his or
4her child such as retention and promotion and notifies the
5principal of the school of his or her presence at the school or
6unless the offender has permission to be present from the
7superintendent or the school board or in the case of a private
8school from the principal. In the case of a public school, if
9permission is granted, the superintendent or school board
10president must inform the principal of the school where the
11sex offender will be present. Notification includes the nature
12of the sex offender's visit and the hours in which the sex
13offender will be present in the school. The sex offender is
14responsible for notifying the principal's office when he or
15she arrives on school property and when he or she departs from
16school property. If the sex offender is to be present in the
17vicinity of children, the sex offender has the duty to remain
18under the direct supervision of a school official.
19    (a-5) It is unlawful for a child sex offender to knowingly
20be present within 100 feet of a site posted as a pick-up or
21discharge stop for a conveyance owned, leased, or contracted
22by a school to transport students to or from school or a school
23related activity when one or more persons under the age of 18
24are present at the site.
25    (a-10) It is unlawful for a child sex offender to
26knowingly be present in any public park building, a playground

 

 

SB4042- 18 -LRB102 25880 RLC 35237 b

1or recreation area within any publicly accessible privately
2owned building, or on real property comprising any public park
3when persons under the age of 18 are present in the building or
4on the grounds and to approach, contact, or communicate with a
5child under 18 years of age, unless the offender is a parent or
6guardian of a person under 18 years of age present in the
7building or on the grounds.
8    (b) It is unlawful for a child sex offender to knowingly
9loiter within 500 feet of a school building or real property
10comprising any school while persons under the age of 18 are
11present in the building or on the grounds, unless the offender
12is a parent or guardian of a student attending the school and
13the parent or guardian is: (i) attending a conference at the
14school with school personnel to discuss the progress of his or
15her child academically or socially, (ii) participating in
16child review conferences in which evaluation and placement
17decisions may be made with respect to his or her child
18regarding special education services, or (iii) attending
19conferences to discuss other student issues concerning his or
20her child such as retention and promotion and notifies the
21principal of the school of his or her presence at the school or
22has permission to be present from the superintendent or the
23school board or in the case of a private school from the
24principal. In the case of a public school, if permission is
25granted, the superintendent or school board president must
26inform the principal of the school where the sex offender will

 

 

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1be present. Notification includes the nature of the sex
2offender's visit and the hours in which the sex offender will
3be present in the school. The sex offender is responsible for
4notifying the principal's office when he or she arrives on
5school property and when he or she departs from school
6property. If the sex offender is to be present in the vicinity
7of children, the sex offender has the duty to remain under the
8direct supervision of a school official.
9    (b-2) It is unlawful for a child sex offender to knowingly
10loiter on a public way within 500 feet of a public park
11building or real property comprising any public park while
12persons under the age of 18 are present in the building or on
13the grounds and to approach, contact, or communicate with a
14child under 18 years of age, unless the offender is a parent or
15guardian of a person under 18 years of age present in the
16building or on the grounds.
17    (b-5) It is unlawful for a child sex offender to knowingly
18reside within 500 feet of a school building or the real
19property comprising any school that persons under the age of
2018 attend. Nothing in this subsection (b-5) prohibits a child
21sex offender from residing within 500 feet of a school
22building or the real property comprising any school that
23persons under 18 attend if the property is owned by the child
24sex offender and was purchased before July 7, 2000 (the
25effective date of Public Act 91-911).
26    (b-10) It is unlawful for a child sex offender to

 

 

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1knowingly reside within 500 feet of a playground, child care
2institution, day care center, part day child care facility,
3day care home, group day care home, or a facility providing
4programs or services exclusively directed toward persons under
518 years of age. Nothing in this subsection (b-10) prohibits a
6child sex offender from residing within 500 feet of a
7playground or a facility providing programs or services
8exclusively directed toward persons under 18 years of age if
9the property is owned by the child sex offender and was
10purchased before July 7, 2000. Nothing in this subsection
11(b-10) prohibits a child sex offender from residing within 500
12feet of a child care institution, day care center, or part day
13child care facility if the property is owned by the child sex
14offender and was purchased before June 26, 2006. Nothing in
15this subsection (b-10) prohibits a child sex offender from
16residing within 500 feet of a day care home or group day care
17home if the property is owned by the child sex offender and was
18purchased before August 14, 2008 (the effective date of Public
19Act 95-821).
20    (b-15) It is unlawful for a child sex offender to
21knowingly reside within 500 feet of the victim of the sex
22offense. Nothing in this subsection (b-15) prohibits a child
23sex offender from residing within 500 feet of the victim if the
24property in which the child sex offender resides is owned by
25the child sex offender and was purchased before August 22,
262002.

 

 

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1    This subsection (b-15) does not apply if the victim of the
2sex offense is 21 years of age or older.
3    (b-20) It is unlawful for a child sex offender to
4knowingly communicate, other than for a lawful purpose under
5Illinois law, using the Internet or any other digital media,
6with a person under 18 years of age or with a person whom he or
7she believes to be a person under 18 years of age, unless the
8offender is a parent or guardian of the person under 18 years
9of age.
10    (c) It is unlawful for a child sex offender to knowingly
11operate, manage, be employed by, volunteer at, be associated
12with, or knowingly be present at any: (i) facility providing
13programs or services exclusively directed toward persons under
14the age of 18; (ii) day care center; (iii) part day child care
15facility; (iv) child care institution; (v) school providing
16before and after school programs for children under 18 years
17of age; (vi) day care home; or (vii) group day care home. This
18does not prohibit a child sex offender from owning the real
19property upon which the programs or services are offered or
20upon which the day care center, part day child care facility,
21child care institution, or school providing before and after
22school programs for children under 18 years of age is located,
23provided the child sex offender refrains from being present on
24the premises for the hours during which: (1) the programs or
25services are being offered or (2) the day care center, part day
26child care facility, child care institution, or school

 

 

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1providing before and after school programs for children under
218 years of age, day care home, or group day care home is
3operated.
4    (c-2) It is unlawful for a child sex offender to
5participate in a holiday event involving children under 18
6years of age, including but not limited to distributing candy
7or other items to children on Halloween, wearing a Santa Claus
8costume on or preceding Christmas, being employed as a
9department store Santa Claus, or wearing an Easter Bunny
10costume on or preceding Easter. For the purposes of this
11subsection, child sex offender has the meaning as defined in
12this Section, but does not include as a sex offense under
13paragraph (2) of subsection (d) of this Section, the offense
14under subsection (c) of Section 11-1.50 of this Code. This
15subsection does not apply to a child sex offender who is a
16parent or guardian of children under 18 years of age that are
17present in the home and other non-familial minors are not
18present.
19    (c-5) It is unlawful for a child sex offender to knowingly
20operate, manage, be employed by, or be associated with any
21county fair when persons under the age of 18 are present.
22    (c-6) It is unlawful for a child sex offender who owns and
23resides at residential real estate to knowingly rent any
24residential unit within the same building in which he or she
25resides to a person who is the parent or guardian of a child or
26children under 18 years of age. This subsection shall apply

 

 

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1only to leases or other rental arrangements entered into after
2January 1, 2009 (the effective date of Public Act 95-820).
3    (c-7) It is unlawful for a child sex offender to knowingly
4offer or provide any programs or services to persons under 18
5years of age in his or her residence or the residence of
6another or in any facility for the purpose of offering or
7providing such programs or services, whether such programs or
8services are offered or provided by contract, agreement,
9arrangement, or on a volunteer basis.
10    (c-8) It is unlawful for a child sex offender to knowingly
11operate, whether authorized to do so or not, any of the
12following vehicles: (1) a vehicle which is specifically
13designed, constructed or modified and equipped to be used for
14the retail sale of food or beverages, including but not
15limited to an ice cream truck; (2) an authorized emergency
16vehicle; or (3) a rescue vehicle.
17    (d) Definitions. In this Section:
18        (1) "Child sex offender" means any person who:
19            (i) has been charged under Illinois law, or any
20        substantially similar federal law or law of another
21        state, with a sex offense set forth in paragraph (2) of
22        this subsection (d) or the attempt to commit an
23        included sex offense, and the victim is a person under
24        18 years of age at the time of the offense; and:
25                (A) is convicted of such offense or an attempt
26            to commit such offense; or

 

 

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1                (B) is found not guilty by reason of insanity
2            of such offense or an attempt to commit such
3            offense; or
4                (C) is found not guilty by reason of insanity
5            pursuant to subsection (c) of Section 104-25 of
6            the Code of Criminal Procedure of 1963 of such
7            offense or an attempt to commit such offense; or
8                (D) is the subject of a finding not resulting
9            in an acquittal at a hearing conducted pursuant to
10            subsection (a) of Section 104-25 of the Code of
11            Criminal Procedure of 1963 for the alleged
12            commission or attempted commission of such
13            offense; or
14                (E) is found not guilty by reason of insanity
15            following a hearing conducted pursuant to a
16            federal law or the law of another state
17            substantially similar to subsection (c) of Section
18            104-25 of the Code of Criminal Procedure of 1963
19            of such offense or of the attempted commission of
20            such offense; or
21                (F) is the subject of a finding not resulting
22            in an acquittal at a hearing conducted pursuant to
23            a federal law or the law of another state
24            substantially similar to subsection (a) of Section
25            104-25 of the Code of Criminal Procedure of 1963
26            for the alleged violation or attempted commission

 

 

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1            of such offense; or
2            (ii) is certified as a sexually dangerous person
3        pursuant to the Illinois Sexually Dangerous Persons
4        Act, or any substantially similar federal law or the
5        law of another state, when any conduct giving rise to
6        such certification is committed or attempted against a
7        person less than 18 years of age; or
8            (iii) is subject to the provisions of Section 2 of
9        the Interstate Agreements on Sexually Dangerous
10        Persons Act.
11        Convictions that result from or are connected with the
12    same act, or result from offenses committed at the same
13    time, shall be counted for the purpose of this Section as
14    one conviction. Any conviction set aside pursuant to law
15    is not a conviction for purposes of this Section.
16        (2) Except as otherwise provided in paragraph (2.5),
17    "sex offense" means:
18            (i) A violation of any of the following Sections
19        of the Criminal Code of 1961 or the Criminal Code of
20        2012: 10-4 (forcible detention), 10-7 (aiding or
21        abetting child abduction under Section 10-5(b)(10)),
22        10-5(b)(10) (child luring), 11-1.40 (predatory
23        criminal sexual assault of a child), 11-6 (indecent
24        solicitation of a child), 11-6.5 (indecent
25        solicitation of an adult), 11-9.1 (sexual exploitation
26        of a child), 11-9.2 (custodial sexual misconduct),

 

 

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1        11-9.5 (sexual misconduct with a person with a
2        disability), 11-11 (sexual relations within families),
3        11-14.3(a)(1) (promoting prostitution by advancing
4        prostitution), 11-14.3(a)(2)(A) (promoting
5        prostitution by profiting from prostitution by
6        compelling a person to be a prostitute),
7        11-14.3(a)(2)(C) (promoting prostitution by profiting
8        from prostitution by means other than as described in
9        subparagraphs (A) and (B) of paragraph (2) of
10        subsection (a) of Section 11-14.3), 11-14.4 (promoting
11        juvenile prostitution), 11-18.1 (patronizing a
12        juvenile prostitute), 11-20.1 (child sexual abuse
13        images pornography), 11-20.1B (aggravated child sexual
14        abuse images pornography), 11-21 (harmful material),
15        11-25 (grooming), 11-26 (traveling to meet a minor or
16        traveling to meet a child), 12-33 (ritualized abuse of
17        a child), 11-20 (obscenity) (when that offense was
18        committed in any school, on real property comprising
19        any school, in any conveyance owned, leased, or
20        contracted by a school to transport students to or
21        from school or a school related activity, or in a
22        public park), 11-30 (public indecency) (when committed
23        in a school, on real property comprising a school, in
24        any conveyance owned, leased, or contracted by a
25        school to transport students to or from school or a
26        school related activity, or in a public park). An

 

 

SB4042- 27 -LRB102 25880 RLC 35237 b

1        attempt to commit any of these offenses.
2            (ii) A violation of any of the following Sections
3        of the Criminal Code of 1961 or the Criminal Code of
4        2012, when the victim is a person under 18 years of
5        age: 11-1.20 (criminal sexual assault), 11-1.30
6        (aggravated criminal sexual assault), 11-1.50
7        (criminal sexual abuse), 11-1.60 (aggravated criminal
8        sexual abuse). An attempt to commit any of these
9        offenses.
10            (iii) A violation of any of the following Sections
11        of the Criminal Code of 1961 or the Criminal Code of
12        2012, when the victim is a person under 18 years of age
13        and the defendant is not a parent of the victim:
14            10-1 (kidnapping),
15            10-2 (aggravated kidnapping),
16            10-3 (unlawful restraint),
17            10-3.1 (aggravated unlawful restraint),
18            11-9.1(A) (permitting sexual abuse of a child).
19            An attempt to commit any of these offenses.
20            (iv) A violation of any former law of this State
21        substantially equivalent to any offense listed in
22        clause (2)(i) or (2)(ii) of subsection (d) of this
23        Section.
24        (2.5) For the purposes of subsections (b-5) and (b-10)
25    only, a sex offense means:
26            (i) A violation of any of the following Sections

 

 

SB4042- 28 -LRB102 25880 RLC 35237 b

1        of the Criminal Code of 1961 or the Criminal Code of
2        2012:
3             10-5(b)(10) (child luring), 10-7 (aiding or
4        abetting child abduction under Section 10-5(b)(10)),
5        11-1.40 (predatory criminal sexual assault of a
6        child), 11-6 (indecent solicitation of a child),
7        11-6.5 (indecent solicitation of an adult), 11-9.2
8        (custodial sexual misconduct), 11-9.5 (sexual
9        misconduct with a person with a disability), 11-11
10        (sexual relations within families), 11-14.3(a)(1)
11        (promoting prostitution by advancing prostitution),
12        11-14.3(a)(2)(A) (promoting prostitution by profiting
13        from prostitution by compelling a person to be a
14        prostitute), 11-14.3(a)(2)(C) (promoting prostitution
15        by profiting from prostitution by means other than as
16        described in subparagraphs (A) and (B) of paragraph
17        (2) of subsection (a) of Section 11-14.3), 11-14.4
18        (promoting juvenile prostitution), 11-18.1
19        (patronizing a juvenile prostitute), 11-20.1 (child
20        sexual abuse images pornography), 11-20.1B (aggravated
21        child sexual abuse images pornography), 11-25
22        (grooming), 11-26 (traveling to meet a minor or
23        traveling to meet a child), or 12-33 (ritualized abuse
24        of a child). An attempt to commit any of these
25        offenses.
26            (ii) A violation of any of the following Sections

 

 

SB4042- 29 -LRB102 25880 RLC 35237 b

1        of the Criminal Code of 1961 or the Criminal Code of
2        2012, when the victim is a person under 18 years of
3        age: 11-1.20 (criminal sexual assault), 11-1.30
4        (aggravated criminal sexual assault), 11-1.60
5        (aggravated criminal sexual abuse), and subsection (a)
6        of Section 11-1.50 (criminal sexual abuse). An attempt
7        to commit any of these offenses.
8            (iii) A violation of any of the following Sections
9        of the Criminal Code of 1961 or the Criminal Code of
10        2012, when the victim is a person under 18 years of age
11        and the defendant is not a parent of the victim:
12            10-1 (kidnapping),
13            10-2 (aggravated kidnapping),
14            10-3 (unlawful restraint),
15            10-3.1 (aggravated unlawful restraint),
16            11-9.1(A) (permitting sexual abuse of a child).
17            An attempt to commit any of these offenses.
18            (iv) A violation of any former law of this State
19        substantially equivalent to any offense listed in this
20        paragraph (2.5) of this subsection.
21        (3) A conviction for an offense of federal law or the
22    law of another state that is substantially equivalent to
23    any offense listed in paragraph (2) of subsection (d) of
24    this Section shall constitute a conviction for the purpose
25    of this Section. A finding or adjudication as a sexually
26    dangerous person under any federal law or law of another

 

 

SB4042- 30 -LRB102 25880 RLC 35237 b

1    state that is substantially equivalent to the Sexually
2    Dangerous Persons Act shall constitute an adjudication for
3    the purposes of this Section.
4        (4) "Authorized emergency vehicle", "rescue vehicle",
5    and "vehicle" have the meanings ascribed to them in
6    Sections 1-105, 1-171.8 and 1-217, respectively, of the
7    Illinois Vehicle Code.
8        (5) "Child care institution" has the meaning ascribed
9    to it in Section 2.06 of the Child Care Act of 1969.
10        (6) "Day care center" has the meaning ascribed to it
11    in Section 2.09 of the Child Care Act of 1969.
12        (7) "Day care home" has the meaning ascribed to it in
13    Section 2.18 of the Child Care Act of 1969.
14        (8) "Facility providing programs or services directed
15    towards persons under the age of 18" means any facility
16    providing programs or services exclusively directed
17    towards persons under the age of 18.
18        (9) "Group day care home" has the meaning ascribed to
19    it in Section 2.20 of the Child Care Act of 1969.
20        (10) "Internet" has the meaning set forth in Section
21    16-0.1 of this Code.
22        (11) "Loiter" means:
23            (i) Standing, sitting idly, whether or not the
24        person is in a vehicle, or remaining in or around
25        school or public park property.
26            (ii) Standing, sitting idly, whether or not the

 

 

SB4042- 31 -LRB102 25880 RLC 35237 b

1        person is in a vehicle, or remaining in or around
2        school or public park property, for the purpose of
3        committing or attempting to commit a sex offense.
4            (iii) Entering or remaining in a building in or
5        around school property, other than the offender's
6        residence.
7        (12) "Part day child care facility" has the meaning
8    ascribed to it in Section 2.10 of the Child Care Act of
9    1969.
10        (13) "Playground" means a piece of land owned or
11    controlled by a unit of local government that is
12    designated by the unit of local government for use solely
13    or primarily for children's recreation.
14        (14) "Public park" includes a park, forest preserve,
15    bikeway, trail, or conservation area under the
16    jurisdiction of the State or a unit of local government.
17        (15) "School" means a public or private preschool or
18    elementary or secondary school.
19        (16) "School official" means the principal, a teacher,
20    or any other certified employee of the school, the
21    superintendent of schools or a member of the school board.
22    (e) For the purposes of this Section, the 500 feet
23distance shall be measured from: (1) the edge of the property
24of the school building or the real property comprising the
25school that is closest to the edge of the property of the child
26sex offender's residence or where he or she is loitering, and

 

 

SB4042- 32 -LRB102 25880 RLC 35237 b

1(2) the edge of the property comprising the public park
2building or the real property comprising the public park,
3playground, child care institution, day care center, part day
4child care facility, or facility providing programs or
5services exclusively directed toward persons under 18 years of
6age, or a victim of the sex offense who is under 21 years of
7age, to the edge of the child sex offender's place of residence
8or place where he or she is loitering.
9    (f) Sentence. A person who violates this Section is guilty
10of a Class 4 felony.
11(Source: P.A. 100-428, eff. 1-1-18.)
 
12    (720 ILCS 5/11-20.1)  (from Ch. 38, par. 11-20.1)
13    Sec. 11-20.1. Child sexual abuse images pornography.
14    (a) A person commits child sexual abuse images pornography
15who:
16        (1) films, videotapes, photographs, or otherwise
17    depicts or portrays by means of any similar visual medium
18    or reproduction or depicts by computer any child whom he
19    or she knows or reasonably should know to be under the age
20    of 18 or any person with a severe or profound intellectual
21    disability where such child or person with a severe or
22    profound intellectual disability is:
23            (i) actually or by simulation engaged in any act
24        of sexual penetration or sexual conduct with any
25        person or animal; or

 

 

SB4042- 33 -LRB102 25880 RLC 35237 b

1            (ii) actually or by simulation engaged in any act
2        of sexual penetration or sexual conduct involving the
3        sex organs of the child or person with a severe or
4        profound intellectual disability and the mouth, anus,
5        or sex organs of another person or animal; or which
6        involves the mouth, anus or sex organs of the child or
7        person with a severe or profound intellectual
8        disability and the sex organs of another person or
9        animal; or
10            (iii) actually or by simulation engaged in any act
11        of masturbation; or
12            (iv) actually or by simulation portrayed as being
13        the object of, or otherwise engaged in, any act of lewd
14        fondling, touching, or caressing involving another
15        person or animal; or
16            (v) actually or by simulation engaged in any act
17        of excretion or urination within a sexual context; or
18            (vi) actually or by simulation portrayed or
19        depicted as bound, fettered, or subject to sadistic,
20        masochistic, or sadomasochistic abuse in any sexual
21        context; or
22            (vii) depicted or portrayed in any pose, posture
23        or setting involving a lewd exhibition of the
24        unclothed or transparently clothed genitals, pubic
25        area, buttocks, or, if such person is female, a fully
26        or partially developed breast of the child or other

 

 

SB4042- 34 -LRB102 25880 RLC 35237 b

1        person; or
2        (2) with the knowledge of the nature or content
3    thereof, reproduces, disseminates, offers to disseminate,
4    exhibits or possesses with intent to disseminate any film,
5    videotape, photograph or other similar visual reproduction
6    or depiction by computer of any child or person with a
7    severe or profound intellectual disability whom the person
8    knows or reasonably should know to be under the age of 18
9    or to be a person with a severe or profound intellectual
10    disability, engaged in any activity described in
11    subparagraphs (i) through (vii) of paragraph (1) of this
12    subsection; or
13        (3) with knowledge of the subject matter or theme
14    thereof, produces any stage play, live performance, film,
15    videotape or other similar visual portrayal or depiction
16    by computer which includes a child whom the person knows
17    or reasonably should know to be under the age of 18 or a
18    person with a severe or profound intellectual disability
19    engaged in any activity described in subparagraphs (i)
20    through (vii) of paragraph (1) of this subsection; or
21        (4) solicits, uses, persuades, induces, entices, or
22    coerces any child whom he or she knows or reasonably
23    should know to be under the age of 18 or a person with a
24    severe or profound intellectual disability to appear in
25    any stage play, live presentation, film, videotape,
26    photograph or other similar visual reproduction or

 

 

SB4042- 35 -LRB102 25880 RLC 35237 b

1    depiction by computer in which the child or person with a
2    severe or profound intellectual disability is or will be
3    depicted, actually or by simulation, in any act, pose or
4    setting described in subparagraphs (i) through (vii) of
5    paragraph (1) of this subsection; or
6        (5) is a parent, step-parent, legal guardian or other
7    person having care or custody of a child whom the person
8    knows or reasonably should know to be under the age of 18
9    or a person with a severe or profound intellectual
10    disability and who knowingly permits, induces, promotes,
11    or arranges for such child or person with a severe or
12    profound intellectual disability to appear in any stage
13    play, live performance, film, videotape, photograph or
14    other similar visual presentation, portrayal or simulation
15    or depiction by computer of any act or activity described
16    in subparagraphs (i) through (vii) of paragraph (1) of
17    this subsection; or
18        (6) with knowledge of the nature or content thereof,
19    possesses any film, videotape, photograph or other similar
20    visual reproduction or depiction by computer of any child
21    or person with a severe or profound intellectual
22    disability whom the person knows or reasonably should know
23    to be under the age of 18 or to be a person with a severe
24    or profound intellectual disability, engaged in any
25    activity described in subparagraphs (i) through (vii) of
26    paragraph (1) of this subsection; or

 

 

SB4042- 36 -LRB102 25880 RLC 35237 b

1        (7) solicits, or knowingly uses, persuades, induces,
2    entices, or coerces, a person to provide a child under the
3    age of 18 or a person with a severe or profound
4    intellectual disability to appear in any videotape,
5    photograph, film, stage play, live presentation, or other
6    similar visual reproduction or depiction by computer in
7    which the child or person with a severe or profound
8    intellectual disability will be depicted, actually or by
9    simulation, in any act, pose, or setting described in
10    subparagraphs (i) through (vii) of paragraph (1) of this
11    subsection.
12    (a-5) The possession of each individual film, videotape,
13photograph, or other similar visual reproduction or depiction
14by computer in violation of this Section constitutes a single
15and separate violation. This subsection (a-5) does not apply
16to multiple copies of the same film, videotape, photograph, or
17other similar visual reproduction or depiction by computer
18that are identical to each other.
19    (b)(1) It shall be an affirmative defense to a charge of
20child sexual abuse images pornography that the defendant
21reasonably believed, under all of the circumstances, that the
22child was 18 years of age or older or that the person was not a
23person with a severe or profound intellectual disability but
24only where, prior to the act or acts giving rise to a
25prosecution under this Section, he or she took some
26affirmative action or made a bonafide inquiry designed to

 

 

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1ascertain whether the child was 18 years of age or older or
2that the person was not a person with a severe or profound
3intellectual disability and his or her reliance upon the
4information so obtained was clearly reasonable.
5    (1.5) Telecommunications carriers, commercial mobile
6service providers, and providers of information services,
7including, but not limited to, Internet service providers and
8hosting service providers, are not liable under this Section
9by virtue of the transmission, storage, or caching of
10electronic communications or messages of others or by virtue
11of the provision of other related telecommunications,
12commercial mobile services, or information services used by
13others in violation of this Section.
14    (2) (Blank).
15    (3) The charge of child sexual abuse images pornography
16shall not apply to the performance of official duties by law
17enforcement or prosecuting officers or persons employed by law
18enforcement or prosecuting agencies, court personnel or
19attorneys, nor to bonafide treatment or professional education
20programs conducted by licensed physicians, psychologists or
21social workers. In any criminal proceeding, any property or
22material that constitutes child sexual abuse images
23pornography shall remain in the care, custody, and control of
24either the State or the court. A motion to view the evidence
25shall comply with subsection (e-5) of this Section.
26    (4) If the defendant possessed more than one of the same

 

 

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1film, videotape or visual reproduction or depiction by
2computer in which child sexual abuse images pornography is
3depicted, then the trier of fact may infer that the defendant
4possessed such materials with the intent to disseminate them.
5    (5) The charge of child sexual abuse images pornography
6does not apply to a person who does not voluntarily possess a
7film, videotape, or visual reproduction or depiction by
8computer in which child sexual abuse images pornography is
9depicted. Possession is voluntary if the defendant knowingly
10procures or receives a film, videotape, or visual reproduction
11or depiction for a sufficient time to be able to terminate his
12or her possession.
13    (6) Any violation of paragraph (1), (2), (3), (4), (5), or
14(7) of subsection (a) that includes a child engaged in,
15solicited for, depicted in, or posed in any act of sexual
16penetration or bound, fettered, or subject to sadistic,
17masochistic, or sadomasochistic abuse in a sexual context
18shall be deemed a crime of violence.
19    (c) If the violation does not involve a film, videotape,
20or other moving depiction, a violation of paragraph (1), (4),
21(5), or (7) of subsection (a) is a Class 1 felony with a
22mandatory minimum fine of $2,000 and a maximum fine of
23$100,000. If the violation involves a film, videotape, or
24other moving depiction, a violation of paragraph (1), (4),
25(5), or (7) of subsection (a) is a Class X felony with a
26mandatory minimum fine of $2,000 and a maximum fine of

 

 

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1$100,000. If the violation does not involve a film, videotape,
2or other moving depiction, a violation of paragraph (3) of
3subsection (a) is a Class 1 felony with a mandatory minimum
4fine of $1500 and a maximum fine of $100,000. If the violation
5involves a film, videotape, or other moving depiction, a
6violation of paragraph (3) of subsection (a) is a Class X
7felony with a mandatory minimum fine of $1500 and a maximum
8fine of $100,000. If the violation does not involve a film,
9videotape, or other moving depiction, a violation of paragraph
10(2) of subsection (a) is a Class 1 felony with a mandatory
11minimum fine of $1000 and a maximum fine of $100,000. If the
12violation involves a film, videotape, or other moving
13depiction, a violation of paragraph (2) of subsection (a) is a
14Class X felony with a mandatory minimum fine of $1000 and a
15maximum fine of $100,000. If the violation does not involve a
16film, videotape, or other moving depiction, a violation of
17paragraph (6) of subsection (a) is a Class 3 felony with a
18mandatory minimum fine of $1000 and a maximum fine of
19$100,000. If the violation involves a film, videotape, or
20other moving depiction, a violation of paragraph (6) of
21subsection (a) is a Class 2 felony with a mandatory minimum
22fine of $1000 and a maximum fine of $100,000.
23    (c-5) Where the child depicted is under the age of 13, a
24violation of paragraph (1), (2), (3), (4), (5), or (7) of
25subsection (a) is a Class X felony with a mandatory minimum
26fine of $2,000 and a maximum fine of $100,000. Where the child

 

 

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1depicted is under the age of 13, a violation of paragraph (6)
2of subsection (a) is a Class 2 felony with a mandatory minimum
3fine of $1,000 and a maximum fine of $100,000. Where the child
4depicted is under the age of 13, a person who commits a
5violation of paragraph (1), (2), (3), (4), (5), or (7) of
6subsection (a) where the defendant has previously been
7convicted under the laws of this State or any other state of
8the offense of child sexual abuse images pornography,
9aggravated child sexual abuse images pornography, aggravated
10criminal sexual abuse, aggravated criminal sexual assault,
11predatory criminal sexual assault of a child, or any of the
12offenses formerly known as rape, deviate sexual assault,
13indecent liberties with a child, or aggravated indecent
14liberties with a child where the victim was under the age of 18
15years or an offense that is substantially equivalent to those
16offenses, is guilty of a Class X felony for which the person
17shall be sentenced to a term of imprisonment of not less than 9
18years with a mandatory minimum fine of $2,000 and a maximum
19fine of $100,000. Where the child depicted is under the age of
2013, a person who commits a violation of paragraph (6) of
21subsection (a) where the defendant has previously been
22convicted under the laws of this State or any other state of
23the offense of child sexual abuse images pornography,
24aggravated child sexual abuse images pornography, aggravated
25criminal sexual abuse, aggravated criminal sexual assault,
26predatory criminal sexual assault of a child, or any of the

 

 

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1offenses formerly known as rape, deviate sexual assault,
2indecent liberties with a child, or aggravated indecent
3liberties with a child where the victim was under the age of 18
4years or an offense that is substantially equivalent to those
5offenses, is guilty of a Class 1 felony with a mandatory
6minimum fine of $1,000 and a maximum fine of $100,000. The
7issue of whether the child depicted is under the age of 13 is
8an element of the offense to be resolved by the trier of fact.
9    (d) If a person is convicted of a second or subsequent
10violation of this Section within 10 years of a prior
11conviction, the court shall order a presentence psychiatric
12examination of the person. The examiner shall report to the
13court whether treatment of the person is necessary.
14    (e) Any film, videotape, photograph or other similar
15visual reproduction or depiction by computer which includes a
16child under the age of 18 or a person with a severe or profound
17intellectual disability engaged in any activity described in
18subparagraphs (i) through (vii) of or paragraph (1) 1 of
19subsection (a), and any material or equipment used or intended
20for use in photographing, filming, printing, producing,
21reproducing, manufacturing, projecting, exhibiting, depiction
22by computer, or disseminating such material shall be seized
23and forfeited in the manner, method and procedure provided by
24Section 36-1 of this Code for the seizure and forfeiture of
25vessels, vehicles and aircraft.
26    In addition, any person convicted under this Section is

 

 

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1subject to the property forfeiture provisions set forth in
2Article 124B of the Code of Criminal Procedure of 1963.
3    (e-5) Upon the conclusion of a case brought under this
4Section, the court shall seal all evidence depicting a victim
5or witness that is sexually explicit. The evidence may be
6unsealed and viewed, on a motion of the party seeking to unseal
7and view the evidence, only for good cause shown and in the
8discretion of the court. The motion must expressly set forth
9the purpose for viewing the material. The State's Attorney
10attorney and the victim, if possible, shall be provided
11reasonable notice of the hearing on the motion to unseal the
12evidence. Any person entitled to notice of a hearing under
13this subsection (e-5) may object to the motion.
14    (f) Definitions. For the purposes of this Section:
15        (1) "Disseminate" means (i) to sell, distribute,
16    exchange or transfer possession, whether with or without
17    consideration or (ii) to make a depiction by computer
18    available for distribution or downloading through the
19    facilities of any telecommunications network or through
20    any other means of transferring computer programs or data
21    to a computer.
22        (2) "Produce" means to direct, promote, advertise,
23    publish, manufacture, issue, present or show.
24        (3) "Reproduce" means to make a duplication or copy.
25        (4) "Depict by computer" means to generate or create,
26    or cause to be created or generated, a computer program or

 

 

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1    data that, after being processed by a computer either
2    alone or in conjunction with one or more computer
3    programs, results in a visual depiction on a computer
4    monitor, screen, or display.
5        (5) "Depiction by computer" means a computer program
6    or data that, after being processed by a computer either
7    alone or in conjunction with one or more computer
8    programs, results in a visual depiction on a computer
9    monitor, screen, or display.
10        (6) "Computer", "computer program", and "data" have
11    the meanings ascribed to them in Section 17.05 of this
12    Code.
13        (7) For the purposes of this Section, "child sexual
14    abuse images pornography" includes a film, videotape,
15    photograph, or other similar visual medium or reproduction
16    or depiction by computer that is, or appears to be, that of
17    a person, either in part, or in total, under the age of 18
18    or a person with a severe or profound intellectual
19    disability, regardless of the method by which the film,
20    videotape, photograph, or other similar visual medium or
21    reproduction or depiction by computer is created, adopted,
22    or modified to appear as such. "Child sexual abuse images
23    pornography" also includes a film, videotape, photograph,
24    or other similar visual medium or reproduction or
25    depiction by computer that is advertised, promoted,
26    presented, described, or distributed in such a manner that

 

 

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1    conveys the impression that the film, videotape,
2    photograph, or other similar visual medium or reproduction
3    or depiction by computer is of a person under the age of 18
4    or a person with a severe or profound intellectual
5    disability.
6    (g) Re-enactment; findings; purposes.
7        (1) The General Assembly finds and declares that:
8            (i) Section 50-5 of Public Act 88-680, effective
9        January 1, 1995, contained provisions amending the
10        child pornography statute, Section 11-20.1 of the
11        Criminal Code of 1961. Section 50-5 also contained
12        other provisions.
13            (ii) In addition, Public Act 88-680 was entitled
14        "AN ACT to create a Safe Neighborhoods Law". (A)
15        Article 5 was entitled JUVENILE JUSTICE and amended
16        the Juvenile Court Act of 1987. (B) Article 15 was
17        entitled GANGS and amended various provisions of the
18        Criminal Code of 1961 and the Unified Code of
19        Corrections. (C) Article 20 was entitled ALCOHOL ABUSE
20        and amended various provisions of the Illinois Vehicle
21        Code. (D) Article 25 was entitled DRUG ABUSE and
22        amended the Cannabis Control Act and the Illinois
23        Controlled Substances Act. (E) Article 30 was entitled
24        FIREARMS and amended the Criminal Code of 1961 and the
25        Code of Criminal Procedure of 1963. (F) Article 35
26        amended the Criminal Code of 1961, the Rights of Crime

 

 

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1        Victims and Witnesses Act, and the Unified Code of
2        Corrections. (G) Article 40 amended the Criminal Code
3        of 1961 to increase the penalty for compelling
4        organization membership of persons. (H) Article 45
5        created the Secure Residential Youth Care Facility
6        Licensing Act and amended the State Finance Act, the
7        Juvenile Court Act of 1987, the Unified Code of
8        Corrections, and the Private Correctional Facility
9        Moratorium Act. (I) Article 50 amended the WIC Vendor
10        Management Act, the Firearm Owners Identification Card
11        Act, the Juvenile Court Act of 1987, the Criminal Code
12        of 1961, the Wrongs to Children Act, and the Unified
13        Code of Corrections.
14            (iii) On September 22, 1998, the Third District
15        Appellate Court in People v. Dainty, 701 N.E. 2d 118,
16        ruled that Public Act 88-680 violates the single
17        subject clause of the Illinois Constitution (Article
18        IV, Section 8 (d)) and was unconstitutional in its
19        entirety. As of the time this amendatory Act of 1999
20        was prepared, People v. Dainty was still subject to
21        appeal.
22            (iv) Child pornography is a vital concern to the
23        people of this State and the validity of future
24        prosecutions under the child pornography statute of
25        the Criminal Code of 1961 is in grave doubt.
26        (2) It is the purpose of this amendatory Act of 1999 to

 

 

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1    prevent or minimize any problems relating to prosecutions
2    for child pornography that may result from challenges to
3    the constitutional validity of Public Act 88-680 by
4    re-enacting the Section relating to child pornography that
5    was included in Public Act 88-680.
6        (3) This amendatory Act of 1999 re-enacts Section
7    11-20.1 of the Criminal Code of 1961, as it has been
8    amended. This re-enactment is intended to remove any
9    question as to the validity or content of that Section; it
10    is not intended to supersede any other Public Act that
11    amends the text of the Section as set forth in this
12    amendatory Act of 1999. The material is shown as existing
13    text (i.e., without underscoring) because, as of the time
14    this amendatory Act of 1999 was prepared, People v. Dainty
15    was subject to appeal to the Illinois Supreme Court.
16        (4) The re-enactment by this amendatory Act of 1999 of
17    Section 11-20.1 of the Criminal Code of 1961 relating to
18    child pornography that was amended by Public Act 88-680 is
19    not intended, and shall not be construed, to imply that
20    Public Act 88-680 is invalid or to limit or impair any
21    legal argument concerning whether those provisions were
22    substantially re-enacted by other Public Acts.
23(Source: P.A. 101-87, eff. 1-1-20; 102-567, eff. 1-1-22.)
 
24    (720 ILCS 5/11-20.2)  (from Ch. 38, par. 11-20.2)
25    Sec. 11-20.2. Duty of commercial film and photographic

 

 

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1print processors or computer technicians to report sexual
2depiction of children.
3    (a) Any commercial film and photographic print processor
4or computer technician who has knowledge of or observes,
5within the scope of his professional capacity or employment,
6any film, photograph, videotape, negative, slide, computer
7hard drive or any other magnetic or optical media which
8depicts a child whom the processor or computer technician
9knows or reasonably should know to be under the age of 18 where
10such child is:
11        (i) actually or by simulation engaged in any act of
12    sexual penetration or sexual conduct with any person or
13    animal; or
14        (ii) actually or by simulation engaged in any act of
15    sexual penetration or sexual conduct involving the sex
16    organs of the child and the mouth, anus, or sex organs of
17    another person or animal; or which involves the mouth,
18    anus or sex organs of the child and the sex organs of
19    another person or animal; or
20        (iii) actually or by simulation engaged in any act of
21    masturbation; or
22        (iv) actually or by simulation portrayed as being the
23    object of, or otherwise engaged in, any act of lewd
24    fondling, touching, or caressing involving another person
25    or animal; or
26        (v) actually or by simulation engaged in any act of

 

 

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1    excretion or urination within a sexual context; or
2        (vi) actually or by simulation portrayed or depicted
3    as bound, fettered, or subject to sadistic, masochistic,
4    or sadomasochistic abuse in any sexual context; or
5        (vii) depicted or portrayed in any pose, posture or
6    setting involving a lewd exhibition of the unclothed or
7    transparently clothed genitals, pubic area, buttocks, or,
8    if such person is female, a fully or partially developed
9    breast of the child or other person;
10shall report or cause a report to be made pursuant to
11subsections (b) and (c) as soon as reasonably possible.
12Failure to make such report shall be a business offense with a
13fine of $1,000.
14    (b) Commercial film and photographic film processors shall
15report or cause a report to be made to the local law
16enforcement agency of the jurisdiction in which the image or
17images described in subsection (a) are discovered.
18    (c) Computer technicians shall report or cause the report
19to be made to the local law enforcement agency of the
20jurisdiction in which the image or images described in
21subsection (a) are discovered or to the Illinois Child
22Exploitation e-Tipline at reportchildporn@atg.state.il.us.
23    (d) Reports required by this Act shall include the
24following information: (i) name, address, and telephone number
25of the person filing the report; (ii) the employer of the
26person filing the report, if any; (iii) the name, address and

 

 

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1telephone number of the person whose property is the subject
2of the report, if known; (iv) the circumstances which led to
3the filing of the report, including a description of the
4reported content.
5    (e) If a report is filed with the Cyber Tipline at the
6National Center for Missing and Exploited Children or in
7accordance with the requirements of 42 U.S.C. 13032, the
8requirements of this Act will be deemed to have been met.
9    (f) A computer technician or an employer caused to report
10child sexual abuse images pornography under this Section is
11immune from any criminal, civil, or administrative liability
12in connection with making the report, except for willful or
13wanton misconduct.
14    (g) For the purposes of this Section, a "computer
15technician" is a person who installs, maintains,
16troubleshoots, repairs or upgrades computer hardware,
17software, computer networks, peripheral equipment, electronic
18mail systems, or provides user assistance for any of the
19aforementioned tasks.
20(Source: P.A. 95-983, eff. 6-1-09; 96-1551, eff. 7-1-11.)
 
21    (720 ILCS 5/11-23)
22    Sec. 11-23. Posting of identifying or graphic information
23on a pornographic Internet site or possessing graphic
24information with pornographic material.
25    (a) A person at least 17 years of age who knowingly

 

 

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1discloses on an adult obscenity or child sexual abuse images
2pornography Internet site the name, address, telephone number,
3or e-mail address of a person under 17 years of age at the time
4of the commission of the offense or of a person at least 17
5years of age without the consent of the person at least 17
6years of age is guilty of posting of identifying information
7on a pornographic Internet site.
8    (a-5) Any person who knowingly places, posts, reproduces,
9or maintains on an adult obscenity or child sexual abuse
10images pornography Internet site a photograph, video, or
11digital image of a person under 18 years of age that is not
12child sexual abuse images pornography under Section 11-20.1,
13without the knowledge and consent of the person under 18 years
14of age, is guilty of posting of graphic information on a
15pornographic Internet site. This provision applies even if the
16person under 18 years of age is fully or properly clothed in
17the photograph, video, or digital image.
18    (a-10) Any person who knowingly places, posts, reproduces,
19or maintains on an adult obscenity or child sexual abuse
20images pornography Internet site, or possesses with obscene or
21child pornographic material a photograph, video, or digital
22image of a person under 18 years of age in which the child is
23posed in a suggestive manner with the focus or concentration
24of the image on the child's clothed genitals, clothed pubic
25area, clothed buttocks area, or if the child is female, the
26breast exposed through transparent clothing, and the

 

 

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1photograph, video, or digital image is not child sexual abuse
2images pornography under Section 11-20.1, is guilty of posting
3of graphic information on a pornographic Internet site or
4possessing graphic information with pornographic material.
5    (b) Sentence. A person who violates subsection (a) of this
6Section is guilty of a Class 4 felony if the victim is at least
717 years of age at the time of the offense and a Class 3 felony
8if the victim is under 17 years of age at the time of the
9offense. A person who violates subsection (a-5) of this
10Section is guilty of a Class 4 felony. A person who violates
11subsection (a-10) of this Section is guilty of a Class 3
12felony.
13    (c) Definitions. For purposes of this Section:
14        (1) "Adult obscenity or child sexual abuse images
15    pornography Internet site" means a site on the Internet
16    that contains material that is obscene as defined in
17    Section 11-20 of this Code or that is child sexual abuse
18    images pornography as defined in Section 11-20.1 of this
19    Code.
20        (2) "Internet" has the meaning set forth in Section
21    16-0.1 of this Code.
22(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
23    (720 ILCS 5/11-25)
24    (Text of Section before amendment by P.A. 102-676)
25    Sec. 11-25. Grooming.

 

 

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1    (a) A person commits grooming when he or she knowingly
2uses a computer on-line service, Internet service, local
3bulletin board service, or any other device capable of
4electronic data storage or transmission to seduce, solicit,
5lure, or entice, or attempt to seduce, solicit, lure, or
6entice, a child, a child's guardian, or another person
7believed by the person to be a child or a child's guardian, to
8commit any sex offense as defined in Section 2 of the Sex
9Offender Registration Act, to distribute photographs depicting
10the sex organs of the child, or to otherwise engage in any
11unlawful sexual conduct with a child or with another person
12believed by the person to be a child. As used in this Section,
13"child" means a person under 17 years of age.
14    (b) Sentence. Grooming is a Class 4 felony.
15(Source: P.A. 100-428, eff. 1-1-18.)
 
16    (Text of Section after amendment by P.A. 102-676)
17    Sec. 11-25. Grooming.
18    (a) A person commits grooming when he or she knowingly:
19        (1) uses a computer on-line service, Internet service,
20    local bulletin board service, or any other device capable
21    of electronic data storage or transmission, performs an
22    act in person or by conduct through a third party, or uses
23    written communication to seduce, solicit, lure, or entice,
24    or attempt to seduce, solicit, lure, or entice, a child, a
25    child's guardian, or another person believed by the person

 

 

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1    to be a child or a child's guardian, to commit any sex
2    offense as defined in Section 2 of the Sex Offender
3    Registration Act, to distribute photographs depicting the
4    sex organs of the child, or to otherwise engage in any
5    unlawful sexual conduct with a child or with another
6    person believed by the person to be a child; or
7        (2) engages in a pattern of conduct that entices,
8    persuades, induces, or coerces a child to engage or
9    participate in criminal sexual activity or is for the
10    purpose of sexual gratification or arousal of the victim,
11    the accused, or another.
12    (a-5) As used in this Section: ,
13    "Child" "child" means a person under 17 years of age.
14    "Pattern" means 2 or more instances of conduct.
15    "Sexual activity" includes masturbation and does not
16require actual or attempted physical contact between 2
17persons.
18    (b) Sentence. Grooming is a Class 3 4 felony.
19(Source: P.A. 102-676, eff. 6-1-22.)
 
20    (720 ILCS 5/14-3)
21    Sec. 14-3. Exemptions. The following activities shall be
22exempt from the provisions of this Article:
23        (a) Listening to radio, wireless electronic
24    communications, and television communications of any sort
25    where the same are publicly made;

 

 

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1        (b) Hearing conversation when heard by employees of
2    any common carrier by wire incidental to the normal course
3    of their employment in the operation, maintenance or
4    repair of the equipment of such common carrier by wire so
5    long as no information obtained thereby is used or
6    divulged by the hearer;
7        (c) Any broadcast by radio, television or otherwise
8    whether it be a broadcast or recorded for the purpose of
9    later broadcasts of any function where the public is in
10    attendance and the conversations are overheard incidental
11    to the main purpose for which such broadcasts are then
12    being made;
13        (d) Recording or listening with the aid of any device
14    to any emergency communication made in the normal course
15    of operations by any federal, state or local law
16    enforcement agency or institutions dealing in emergency
17    services, including, but not limited to, hospitals,
18    clinics, ambulance services, fire fighting agencies, any
19    public utility, emergency repair facility, civilian
20    defense establishment or military installation;
21        (e) Recording the proceedings of any meeting required
22    to be open by the Open Meetings Act, as amended;
23        (f) Recording or listening with the aid of any device
24    to incoming telephone calls of phone lines publicly listed
25    or advertised as consumer "hotlines" by manufacturers or
26    retailers of food and drug products. Such recordings must

 

 

SB4042- 55 -LRB102 25880 RLC 35237 b

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

 

 

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1    "gang-related" felony as those terms are defined in the
2    Illinois Streetgang Terrorism Omnibus Prevention Act, or
3    any felony offense involving any weapon listed in
4    paragraphs (1) through (11) of subsection (a) of Section
5    24-1 of this Code. Any recording or evidence derived as
6    the result of this exemption shall be inadmissible in any
7    proceeding, criminal, civil or administrative, except (i)
8    where a party to the conversation suffers great bodily
9    injury or is killed during such conversation, or (ii) when
10    used as direct impeachment of a witness concerning matters
11    contained in the interception or recording. The Director
12    of the Illinois State Police shall issue regulations as
13    are necessary concerning the use of devices, retention of
14    tape recordings, and reports regarding their use;
15        (g-5) (Blank);
16        (g-6) With approval of the State's Attorney of the
17    county in which it is to occur, recording or listening
18    with the aid of any device to any conversation where a law
19    enforcement officer, or any person acting at the direction
20    of law enforcement, is a party to the conversation and has
21    consented to it being intercepted or recorded in the
22    course of an investigation of child sexual abuse images
23    pornography, aggravated child sexual abuse images
24    pornography, indecent solicitation of a child, luring of a
25    minor, sexual exploitation of a child, aggravated criminal
26    sexual abuse in which the victim of the offense was at the

 

 

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

 

 

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1    exploitation of a child, aggravated criminal sexual abuse
2    in which the victim of the offense was at the time of the
3    commission of the offense under 18 years of age, or
4    criminal sexual abuse by force or threat of force in which
5    the victim of the offense was at the time of the commission
6    of the offense under 18 years of age be reviewed in camera
7    with notice to all parties present by the court presiding
8    over the criminal case, and, if ruled by the court to be
9    relevant and otherwise admissible, it shall be admissible
10    at the trial of the criminal case. Absent such a ruling,
11    any such recording or evidence shall not be admissible at
12    the trial of the criminal case;
13        (h) Recordings made simultaneously with the use of an
14    in-car video camera recording of an oral conversation
15    between a uniformed peace officer, who has identified his
16    or her office, and a person in the presence of the peace
17    officer whenever (i) an officer assigned a patrol vehicle
18    is conducting an enforcement stop; or (ii) patrol vehicle
19    emergency lights are activated or would otherwise be
20    activated if not for the need to conceal the presence of
21    law enforcement.
22        For the purposes of this subsection (h), "enforcement
23    stop" means an action by a law enforcement officer in
24    relation to enforcement and investigation duties,
25    including but not limited to, traffic stops, pedestrian
26    stops, abandoned vehicle contacts, motorist assists,

 

 

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1    commercial motor vehicle stops, roadside safety checks,
2    requests for identification, or responses to requests for
3    emergency assistance;
4        (h-5) Recordings of utterances made by a person while
5    in the presence of a uniformed peace officer and while an
6    occupant of a police vehicle including, but not limited
7    to, (i) recordings made simultaneously with the use of an
8    in-car video camera and (ii) recordings made in the
9    presence of the peace officer utilizing video or audio
10    systems, or both, authorized by the law enforcement
11    agency;
12        (h-10) Recordings made simultaneously with a video
13    camera recording during the use of a taser or similar
14    weapon or device by a peace officer if the weapon or device
15    is equipped with such camera;
16        (h-15) Recordings made under subsection (h), (h-5), or
17    (h-10) shall be retained by the law enforcement agency
18    that employs the peace officer who made the recordings for
19    a storage period of 90 days, unless the recordings are
20    made as a part of an arrest or the recordings are deemed
21    evidence in any criminal, civil, or administrative
22    proceeding and then the recordings must only be destroyed
23    upon a final disposition and an order from the court.
24    Under no circumstances shall any recording be altered or
25    erased prior to the expiration of the designated storage
26    period. Upon completion of the storage period, the

 

 

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1    recording medium may be erased and reissued for
2    operational use;
3        (i) Recording of a conversation made by or at the
4    request of a person, not a law enforcement officer or
5    agent of a law enforcement officer, who is a party to the
6    conversation, under reasonable suspicion that another
7    party to the conversation is committing, is about to
8    commit, or has committed a criminal offense against the
9    person or a member of his or her immediate household, and
10    there is reason to believe that evidence of the criminal
11    offense may be obtained by the recording;
12        (j) The use of a telephone monitoring device by either
13    (1) a corporation or other business entity engaged in
14    marketing or opinion research or (2) a corporation or
15    other business entity engaged in telephone solicitation,
16    as defined in this subsection, to record or listen to oral
17    telephone solicitation conversations or marketing or
18    opinion research conversations by an employee of the
19    corporation or other business entity when:
20            (i) the monitoring is used for the purpose of
21        service quality control of marketing or opinion
22        research or telephone solicitation, the education or
23        training of employees or contractors engaged in
24        marketing or opinion research or telephone
25        solicitation, or internal research related to
26        marketing or opinion research or telephone

 

 

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1        solicitation; and
2            (ii) the monitoring is used with the consent of at
3        least one person who is an active party to the
4        marketing or opinion research conversation or
5        telephone solicitation conversation being monitored.
6        No communication or conversation or any part, portion,
7    or aspect of the communication or conversation made,
8    acquired, or obtained, directly or indirectly, under this
9    exemption (j), may be, directly or indirectly, furnished
10    to any law enforcement officer, agency, or official for
11    any purpose or used in any inquiry or investigation, or
12    used, directly or indirectly, in any administrative,
13    judicial, or other proceeding, or divulged to any third
14    party.
15        When recording or listening authorized by this
16    subsection (j) on telephone lines used for marketing or
17    opinion research or telephone solicitation purposes
18    results in recording or listening to a conversation that
19    does not relate to marketing or opinion research or
20    telephone solicitation; the person recording or listening
21    shall, immediately upon determining that the conversation
22    does not relate to marketing or opinion research or
23    telephone solicitation, terminate the recording or
24    listening and destroy any such recording as soon as is
25    practicable.
26        Business entities that use a telephone monitoring or

 

 

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

 

 

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1    polls and surveys measuring the opinions, attitudes, and
2    responses of respondents toward products and services, or
3    social or political issues, or both;
4        (k) Electronic recordings, including but not limited
5    to, a motion picture, videotape, digital, or other visual
6    or audio recording, made of a custodial interrogation of
7    an individual at a police station or other place of
8    detention by a law enforcement officer under Section
9    5-401.5 of the Juvenile Court Act of 1987 or Section
10    103-2.1 of the Code of Criminal Procedure of 1963;
11        (l) Recording the interview or statement of any person
12    when the person knows that the interview is being
13    conducted by a law enforcement officer or prosecutor and
14    the interview takes place at a police station that is
15    currently participating in the Custodial Interview Pilot
16    Program established under the Illinois Criminal Justice
17    Information Act;
18        (m) An electronic recording, including but not limited
19    to, a motion picture, videotape, digital, or other visual
20    or audio recording, made of the interior of a school bus
21    while the school bus is being used in the transportation
22    of students to and from school and school-sponsored
23    activities, when the school board has adopted a policy
24    authorizing such recording, notice of such recording
25    policy is included in student handbooks and other
26    documents including the policies of the school, notice of

 

 

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

 

 

SB4042- 65 -LRB102 25880 RLC 35237 b

1    beginning of each call as required by Section 34-21.8 of
2    the School Code. The recordings may be retained only by
3    the Chicago Police Department or other law enforcement
4    authorities, and shall not be otherwise retained or
5    disseminated;
6        (q)(1) With prior request to and written or verbal
7    approval of the State's Attorney of the county in which
8    the conversation is anticipated to occur, recording or
9    listening with the aid of an eavesdropping device to a
10    conversation in which a law enforcement officer, or any
11    person acting at the direction of a law enforcement
12    officer, is a party to the conversation and has consented
13    to the conversation being intercepted or recorded in the
14    course of an investigation of a qualified offense. The
15    State's Attorney may grant this approval only after
16    determining that reasonable cause exists to believe that
17    inculpatory conversations concerning a qualified offense
18    will occur with a specified individual or individuals
19    within a designated period of time.
20        (2) Request for approval. To invoke the exception
21    contained in this subsection (q), a law enforcement
22    officer shall make a request for approval to the
23    appropriate State's Attorney. The request may be written
24    or verbal; however, a written memorialization of the
25    request must be made by the State's Attorney. This request
26    for approval shall include whatever information is deemed

 

 

SB4042- 66 -LRB102 25880 RLC 35237 b

1    necessary by the State's Attorney but shall include, at a
2    minimum, the following information about each specified
3    individual whom the law enforcement officer believes will
4    commit a qualified offense:
5            (A) his or her full or partial name, nickname or
6        alias;
7            (B) a physical description; or
8            (C) failing either (A) or (B) of this paragraph
9        (2), any other supporting information known to the law
10        enforcement officer at the time of the request that
11        gives rise to reasonable cause to believe that the
12        specified individual will participate in an
13        inculpatory conversation concerning a qualified
14        offense.
15        (3) Limitations on approval. Each written approval by
16    the State's Attorney under this subsection (q) shall be
17    limited to:
18            (A) a recording or interception conducted by a
19        specified law enforcement officer or person acting at
20        the direction of a law enforcement officer;
21            (B) recording or intercepting conversations with
22        the individuals specified in the request for approval,
23        provided that the verbal approval shall be deemed to
24        include the recording or intercepting of conversations
25        with other individuals, unknown to the law enforcement
26        officer at the time of the request for approval, who

 

 

SB4042- 67 -LRB102 25880 RLC 35237 b

1        are acting in conjunction with or as co-conspirators
2        with the individuals specified in the request for
3        approval in the commission of a qualified offense;
4            (C) a reasonable period of time but in no event
5        longer than 24 consecutive hours;
6            (D) the written request for approval, if
7        applicable, or the written memorialization must be
8        filed, along with the written approval, with the
9        circuit clerk of the jurisdiction on the next business
10        day following the expiration of the authorized period
11        of time, and shall be subject to review by the Chief
12        Judge or his or her designee as deemed appropriate by
13        the court.
14        (3.5) The written memorialization of the request for
15    approval and the written approval by the State's Attorney
16    may be in any format, including via facsimile, email, or
17    otherwise, so long as it is capable of being filed with the
18    circuit clerk.
19        (3.10) Beginning March 1, 2015, each State's Attorney
20    shall annually submit a report to the General Assembly
21    disclosing:
22            (A) the number of requests for each qualified
23        offense for approval under this subsection; and
24            (B) the number of approvals for each qualified
25        offense given by the State's Attorney.
26        (4) Admissibility of evidence. No part of the contents

 

 

SB4042- 68 -LRB102 25880 RLC 35237 b

1    of any wire, electronic, or oral communication that has
2    been recorded or intercepted as a result of this exception
3    may be received in evidence in any trial, hearing, or
4    other proceeding in or before any court, grand jury,
5    department, officer, agency, regulatory body, legislative
6    committee, or other authority of this State, or a
7    political subdivision of the State, other than in a
8    prosecution of:
9            (A) the qualified offense for which approval was
10        given to record or intercept a conversation under this
11        subsection (q);
12            (B) a forcible felony committed directly in the
13        course of the investigation of the qualified offense
14        for which approval was given to record or intercept a
15        conversation under this subsection (q); or
16            (C) any other forcible felony committed while the
17        recording or interception was approved in accordance
18        with this subsection (q), but for this specific
19        category of prosecutions, only if the law enforcement
20        officer or person acting at the direction of a law
21        enforcement officer who has consented to the
22        conversation being intercepted or recorded suffers
23        great bodily injury or is killed during the commission
24        of the charged forcible felony.
25        (5) Compliance with the provisions of this subsection
26    is a prerequisite to the admissibility in evidence of any

 

 

SB4042- 69 -LRB102 25880 RLC 35237 b

1    part of the contents of any wire, electronic or oral
2    communication that has been intercepted as a result of
3    this exception, but nothing in this subsection shall be
4    deemed to prevent a court from otherwise excluding the
5    evidence on any other ground recognized by State or
6    federal law, nor shall anything in this subsection be
7    deemed to prevent a court from independently reviewing the
8    admissibility of the evidence for compliance with the
9    Fourth Amendment to the U.S. Constitution or with Article
10    I, Section 6 of the Illinois Constitution.
11        (6) Use of recordings or intercepts unrelated to
12    qualified offenses. Whenever any private conversation or
13    private electronic communication has been recorded or
14    intercepted as a result of this exception that is not
15    related to an offense for which the recording or intercept
16    is admissible under paragraph (4) of this subsection (q),
17    no part of the contents of the communication and evidence
18    derived from the communication may be received in evidence
19    in any trial, hearing, or other proceeding in or before
20    any court, grand jury, department, officer, agency,
21    regulatory body, legislative committee, or other authority
22    of this State, or a political subdivision of the State,
23    nor may it be publicly disclosed in any way.
24        (6.5) The Illinois State Police shall adopt rules as
25    are necessary concerning the use of devices, retention of
26    recordings, and reports regarding their use under this

 

 

SB4042- 70 -LRB102 25880 RLC 35237 b

1    subsection (q).
2        (7) Definitions. For the purposes of this subsection
3    (q) only:
4            "Forcible felony" includes and is limited to those
5        offenses contained in Section 2-8 of the Criminal Code
6        of 1961 as of the effective date of this amendatory Act
7        of the 97th General Assembly, and only as those
8        offenses have been defined by law or judicial
9        interpretation as of that date.
10            "Qualified offense" means and is limited to:
11                (A) a felony violation of the Cannabis Control
12            Act, the Illinois Controlled Substances Act, or
13            the Methamphetamine Control and Community
14            Protection Act, except for violations of:
15                    (i) Section 4 of the Cannabis Control Act;
16                    (ii) Section 402 of the Illinois
17                Controlled Substances Act; and
18                    (iii) Section 60 of the Methamphetamine
19                Control and Community Protection Act; and
20                (B) first degree murder, solicitation of
21            murder for hire, predatory criminal sexual assault
22            of a child, criminal sexual assault, aggravated
23            criminal sexual assault, aggravated arson,
24            kidnapping, aggravated kidnapping, child
25            abduction, trafficking in persons, involuntary
26            servitude, involuntary sexual servitude of a

 

 

SB4042- 71 -LRB102 25880 RLC 35237 b

1            minor, or gunrunning.
2            "State's Attorney" includes and is limited to the
3        State's Attorney or an assistant State's Attorney
4        designated by the State's Attorney to provide verbal
5        approval to record or intercept conversations under
6        this subsection (q).
7        (8) Sunset. This subsection (q) is inoperative on and
8    after January 1, 2023. No conversations intercepted
9    pursuant to this subsection (q), while operative, shall be
10    inadmissible in a court of law by virtue of the
11    inoperability of this subsection (q) on January 1, 2023.
12        (9) Recordings, records, and custody. Any private
13    conversation or private electronic communication
14    intercepted by a law enforcement officer or a person
15    acting at the direction of law enforcement shall, if
16    practicable, be recorded in such a way as will protect the
17    recording from editing or other alteration. Any and all
18    original recordings made under this subsection (q) shall
19    be inventoried without unnecessary delay pursuant to the
20    law enforcement agency's policies for inventorying
21    evidence. The original recordings shall not be destroyed
22    except upon an order of a court of competent jurisdiction;
23    and
24        (r) Electronic recordings, including but not limited
25    to, motion picture, videotape, digital, or other visual or
26    audio recording, made of a lineup under Section 107A-2 of

 

 

SB4042- 72 -LRB102 25880 RLC 35237 b

1    the Code of Criminal Procedure of 1963.
2(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21.)
 
3    (720 ILCS 5/26-4)  (from Ch. 38, par. 26-4)
4    Sec. 26-4. Unauthorized video recording and live video
5transmission.
6    (a) It is unlawful for any person to knowingly make a video
7record or transmit live video of another person without that
8person's consent in a restroom, tanning bed, tanning salon,
9locker room, changing room, or hotel bedroom.
10    (a-5) It is unlawful for any person to knowingly make a
11video record or transmit live video of another person in that
12other person's residence without that person's consent.
13    (a-6) It is unlawful for any person to knowingly make a
14video record or transmit live video of another person in that
15other person's residence without that person's consent when
16the recording or transmission is made outside that person's
17residence by use of an audio or video device that records or
18transmits from a remote location.
19    (a-10) It is unlawful for any person to knowingly make a
20video record or transmit live video of another person's
21intimate parts for the purpose of viewing the body of or the
22undergarments worn by that other person without that person's
23consent. For the purposes of this subsection (a-10), "intimate
24parts" means the fully unclothed, partially unclothed, or
25transparently clothed genitals, pubic area, anus, or if the

 

 

SB4042- 73 -LRB102 25880 RLC 35237 b

1person is female, a partially or fully exposed nipple,
2including exposure through transparent clothing.
3    (a-15) It is unlawful for any person to place or cause to
4be placed a device that makes a video record or transmits a
5live video in a restroom, tanning bed, tanning salon, locker
6room, changing room, or hotel bedroom with the intent to make a
7video record or transmit live video of another person without
8that person's consent.
9    (a-20) It is unlawful for any person to place or cause to
10be placed a device that makes a video record or transmits a
11live video with the intent to make a video record or transmit
12live video of another person in a that other person's
13residence without that person's consent.
14    (a-25) It is unlawful for any person to, by any means,
15knowingly disseminate, or permit to be disseminated, a video
16record or live video that he or she knows to have been made or
17transmitted in violation of (a), (a-5), (a-6), (a-10), (a-15),
18or (a-20).
19    (b) Exemptions. The following activities shall be exempt
20from the provisions of this Section:
21        (1) The making of a video record or transmission of
22    live video by law enforcement officers pursuant to a
23    criminal investigation, which is otherwise lawful;
24        (2) The making of a video record or transmission of
25    live video by correctional officials for security reasons
26    or for investigation of alleged misconduct involving a

 

 

SB4042- 74 -LRB102 25880 RLC 35237 b

1    person committed to the Department of Corrections; and
2        (3) The making of a video record or transmission of
3    live video in a locker room by a reporter or news medium,
4    as those terms are defined in Section 8-902 of the Code of
5    Civil Procedure, where the reporter or news medium has
6    been granted access to the locker room by an appropriate
7    authority for the purpose of conducting interviews.
8    (c) The provisions of this Section do not apply to any
9sound recording or transmission of an oral conversation made
10as the result of the making of a video record or transmission
11of live video, and to which Article 14 of this Code applies.
12    (d) Sentence.
13        (1) A violation of subsection (a-15) or (a-20) is a
14    Class A misdemeanor.
15        (2) A violation of subsection (a), (a-5), (a-6), or
16    (a-10) is a Class 4 felony.
17        (3) A violation of subsection (a-25) is a Class 3
18    felony.
19        (4) A violation of subsection (a), (a-5), (a-6),
20    (a-10), (a-15) or (a-20) is a Class 3 felony if the victim
21    is a person under 18 years of age or if the violation is
22    committed by an individual who is required to register as
23    a sex offender under the Sex Offender Registration Act.
24        (5) A violation of subsection (a-25) is a Class 2
25    felony if the victim is a person under 18 years of age or
26    if the violation is committed by an individual who is

 

 

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1    required to register as a sex offender under the Sex
2    Offender Registration Act.
3    (e) For purposes of this Section:
4        (1) "Residence" includes a rental dwelling, but does
5    not include stairwells, corridors, laundry facilities, or
6    additional areas in which the general public has access.
7        (2) "Video record" means and includes any videotape,
8    photograph, film, or other electronic or digital recording
9    of a still or moving visual image; and "live video" means
10    and includes any real-time or contemporaneous electronic
11    or digital transmission of a still or moving visual image.
12(Source: P.A. 102-567, eff. 1-1-22.)
 
13    (720 ILCS 5/36-1)  (from Ch. 38, par. 36-1)
14    Sec. 36-1. Property subject to forfeiture.
15    (a) Any vessel or watercraft, vehicle, or aircraft is
16subject to forfeiture under this Article if the vessel or
17watercraft, vehicle, or aircraft is used with the knowledge
18and consent of the owner in the commission of or in the attempt
19to commit as defined in Section 8-4 of this Code:
20        (1) an offense prohibited by Section 9-1 (first degree
21    murder), Section 9-3 (involuntary manslaughter and
22    reckless homicide), Section 10-2 (aggravated kidnaping),
23    Section 11-1.20 (criminal sexual assault), Section 11-1.30
24    (aggravated criminal sexual assault), Section 11-1.40
25    (predatory criminal sexual assault of a child), subsection

 

 

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1    (a) of Section 11-1.50 (criminal sexual abuse), subsection
2    (a), (c), or (d) of Section 11-1.60 (aggravated criminal
3    sexual abuse), Section 11-6 (indecent solicitation of a
4    child), Section 11-14.4 (promoting juvenile prostitution
5    except for keeping a place of juvenile prostitution),
6    Section 11-20.1 (child sexual abuse images pornography),
7    paragraph (a)(1), (a)(2), (a)(4), (b)(1), (b)(2), (e)(1),
8    (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of
9    Section 12-3.05 (aggravated battery), Section 12-7.3
10    (stalking), Section 12-7.4 (aggravated stalking), Section
11    16-1 (theft if the theft is of precious metal or of scrap
12    metal), subdivision (f)(2) or (f)(3) of Section 16-25
13    (retail theft), Section 18-2 (armed robbery), Section 19-1
14    (burglary), Section 19-2 (possession of burglary tools),
15    Section 19-3 (residential burglary), Section 20-1 (arson;
16    residential arson; place of worship arson), Section 20-2
17    (possession of explosives or explosive or incendiary
18    devices), subdivision (a)(6) or (a)(7) of Section 24-1
19    (unlawful use of weapons), Section 24-1.2 (aggravated
20    discharge of a firearm), Section 24-1.2-5 (aggravated
21    discharge of a machine gun or a firearm equipped with a
22    device designed or used for silencing the report of a
23    firearm), Section 24-1.5 (reckless discharge of a
24    firearm), Section 28-1 (gambling), or Section 29D-15.2
25    (possession of a deadly substance) of this Code;
26        (2) an offense prohibited by Section 21, 22, 23, 24 or

 

 

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1    26 of the Cigarette Tax Act if the vessel or watercraft,
2    vehicle, or aircraft contains more than 10 cartons of such
3    cigarettes;
4        (3) an offense prohibited by Section 28, 29, or 30 of
5    the Cigarette Use Tax Act if the vessel or watercraft,
6    vehicle, or aircraft contains more than 10 cartons of such
7    cigarettes;
8        (4) an offense prohibited by Section 44 of the
9    Environmental Protection Act;
10        (5) an offense prohibited by Section 11-204.1 of the
11    Illinois Vehicle Code (aggravated fleeing or attempting to
12    elude a peace officer);
13        (6) an offense prohibited by Section 11-501 of the
14    Illinois Vehicle Code (driving while under the influence
15    of alcohol or other drug or drugs, intoxicating compound
16    or compounds or any combination thereof) or a similar
17    provision of a local ordinance, and:
18            (A) during a period in which his or her driving
19        privileges are revoked or suspended if the revocation
20        or suspension was for:
21                (i) Section 11-501 (driving under the
22            influence of alcohol or other drug or drugs,
23            intoxicating compound or compounds or any
24            combination thereof),
25                (ii) Section 11-501.1 (statutory summary
26            suspension or revocation),

 

 

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1                (iii) paragraph (b) of Section 11-401 (motor
2            vehicle accidents involving death or personal
3            injuries), or
4                (iv) reckless homicide as defined in Section
5            9-3 of this Code;
6            (B) has been previously convicted of reckless
7        homicide or a similar provision of a law of another
8        state relating to reckless homicide in which the
9        person was determined to have been under the influence
10        of alcohol, other drug or drugs, or intoxicating
11        compound or compounds as an element of the offense or
12        the person has previously been convicted of committing
13        a violation of driving under the influence of alcohol
14        or other drug or drugs, intoxicating compound or
15        compounds or any combination thereof and was involved
16        in a motor vehicle accident that resulted in death,
17        great bodily harm, or permanent disability or
18        disfigurement to another, when the violation was a
19        proximate cause of the death or injuries;
20            (C) the person committed a violation of driving
21        under the influence of alcohol or other drug or drugs,
22        intoxicating compound or compounds or any combination
23        thereof under Section 11-501 of the Illinois Vehicle
24        Code or a similar provision for the third or
25        subsequent time;
26            (D) he or she did not possess a valid driver's

 

 

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1        license or permit or a valid restricted driving permit
2        or a valid judicial driving permit or a valid
3        monitoring device driving permit; or
4            (E) he or she knew or should have known that the
5        vehicle he or she was driving was not covered by a
6        liability insurance policy;
7        (7) an offense described in subsection (g) of Section
8    6-303 of the Illinois Vehicle Code;
9        (8) an offense described in subsection (e) of Section
10    6-101 of the Illinois Vehicle Code; or
11        (9)(A) operating a watercraft under the influence of
12    alcohol, other drug or drugs, intoxicating compound or
13    compounds, or combination thereof under Section 5-16 of
14    the Boat Registration and Safety Act during a period in
15    which his or her privileges to operate a watercraft are
16    revoked or suspended and the revocation or suspension was
17    for operating a watercraft under the influence of alcohol,
18    other drug or drugs, intoxicating compound or compounds,
19    or combination thereof; (B) operating a watercraft under
20    the influence of alcohol, other drug or drugs,
21    intoxicating compound or compounds, or combination thereof
22    and has been previously convicted of reckless homicide or
23    a similar provision of a law in another state relating to
24    reckless homicide in which the person was determined to
25    have been under the influence of alcohol, other drug or
26    drugs, intoxicating compound or compounds, or combination

 

 

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1    thereof as an element of the offense or the person has
2    previously been convicted of committing a violation of
3    operating a watercraft under the influence of alcohol,
4    other drug or drugs, intoxicating compound or compounds,
5    or combination thereof and was involved in an accident
6    that resulted in death, great bodily harm, or permanent
7    disability or disfigurement to another, when the violation
8    was a proximate cause of the death or injuries; or (C) the
9    person committed a violation of operating a watercraft
10    under the influence of alcohol, other drug or drugs,
11    intoxicating compound or compounds, or combination thereof
12    under Section 5-16 of the Boat Registration and Safety Act
13    or a similar provision for the third or subsequent time.
14    (b) In addition, any mobile or portable equipment used in
15the commission of an act which is in violation of Section 7g of
16the Metropolitan Water Reclamation District Act shall be
17subject to seizure and forfeiture under the same procedures
18provided in this Article for the seizure and forfeiture of
19vessels or watercraft, vehicles, and aircraft, and any such
20equipment shall be deemed a vessel or watercraft, vehicle, or
21aircraft for purposes of this Article.
22    (c) In addition, when a person discharges a firearm at
23another individual from a vehicle with the knowledge and
24consent of the owner of the vehicle and with the intent to
25cause death or great bodily harm to that individual and as a
26result causes death or great bodily harm to that individual,

 

 

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1the vehicle shall be subject to seizure and forfeiture under
2the same procedures provided in this Article for the seizure
3and forfeiture of vehicles used in violations of clauses (1),
4(2), (3), or (4) of subsection (a) of this Section.
5    (d) If the spouse of the owner of a vehicle seized for an
6offense described in subsection (g) of Section 6-303 of the
7Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
8(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
911-501 of the Illinois Vehicle Code, or Section 9-3 of this
10Code makes a showing that the seized vehicle is the only source
11of transportation and it is determined that the financial
12hardship to the family as a result of the seizure outweighs the
13benefit to the State from the seizure, the vehicle may be
14forfeited to the spouse or family member and the title to the
15vehicle shall be transferred to the spouse or family member
16who is properly licensed and who requires the use of the
17vehicle for employment or family transportation purposes. A
18written declaration of forfeiture of a vehicle under this
19Section shall be sufficient cause for the title to be
20transferred to the spouse or family member. The provisions of
21this paragraph shall apply only to one forfeiture per vehicle.
22If the vehicle is the subject of a subsequent forfeiture
23proceeding by virtue of a subsequent conviction of either
24spouse or the family member, the spouse or family member to
25whom the vehicle was forfeited under the first forfeiture
26proceeding may not utilize the provisions of this paragraph in

 

 

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1another forfeiture proceeding. If the owner of the vehicle
2seized owns more than one vehicle, the procedure set out in
3this paragraph may be used for only one vehicle.
4    (e) In addition, property subject to forfeiture under
5Section 40 of the Illinois Streetgang Terrorism Omnibus
6Prevention Act may be seized and forfeited under this Article.
7(Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18.)
 
8    Section 10. The Code of Criminal Procedure of 1963 is
9amended by changing Sections 106B-10, 115-7, 115-7.3, and
10115-7.4 as follows:
 
11    (725 ILCS 5/106B-10)
12    Sec. 106B-10. Conditions for testimony by a victim or
13witness who is under 18 years of age or an a child or a
14moderately, severely, or profoundly intellectually disabled
15person or a person affected by a developmental disability. The
16In a prosecution of criminal sexual assault, predatory
17criminal sexual assault of a child, aggravated criminal sexual
18assault, criminal sexual abuse, aggravated criminal sexual
19abuse, or any violent crime as defined in subsection (c) of
20Section 3 of the Rights of Crime Victims and Witnesses Act, the
21court may set any conditions it finds just and appropriate on
22the taking of testimony of a victim or witness who is under 18
23years of age or an intellectually disabled person or a person
24affected by a developmental disability victim who is a child

 

 

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1under the age of 18 years or a moderately, severely, or
2profoundly intellectually disabled person or a person affected
3by a developmental disability, involving the use of a facility
4dog in any criminal proceeding involving that offense. When
5deciding whether to permit the child or person to testify with
6the assistance of a facility dog, the court shall take into
7consideration the age of the child or person, the rights of the
8parties to the litigation, and any other relevant factor that
9would facilitate the witness' testimony by the child or the
10person. As used in this Section, "facility dog" means a dog
11that is a graduate of an assistance dog organization that is a
12member of Assistance Dogs International.
13(Source: P.A. 102-22, eff. 6-25-21.)
 
14    (725 ILCS 5/115-7)  (from Ch. 38, par. 115-7)
15    Sec. 115-7. a. In prosecutions for predatory criminal
16sexual assault of a child, aggravated criminal sexual assault,
17criminal sexual assault, aggravated criminal sexual abuse,
18criminal sexual abuse, involuntary servitude, involuntary
19sexual servitude of a minor, trafficking in persons, or
20criminal transmission of HIV; and in prosecutions for battery
21and aggravated battery, when the commission of the offense
22involves sexual penetration or sexual conduct as defined in
23Section 11-0.1 of the Criminal Code of 2012; and with the trial
24or retrial of the offenses formerly known as rape, deviate
25sexual assault, indecent liberties with a child, and

 

 

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1aggravated indecent liberties with a child, the prior sexual
2activity or the reputation of the alleged victim or
3corroborating witness under Section 115-7.3 of this Code is
4inadmissible except (1) as evidence concerning the past sexual
5conduct of the alleged victim or corroborating witness under
6Section 115-7.3 of this Code with the accused when this
7evidence is offered by the accused upon the issue of whether
8the alleged victim or corroborating witness under Section
9115-7.3 of this Code consented to the sexual conduct with
10respect to which the offense is alleged; or (2) when
11constitutionally required to be admitted.
12    b. No evidence admissible under this Section shall be
13introduced unless ruled admissible by the trial judge after an
14offer of proof has been made at a hearing to be held in camera
15in order to determine whether the defense has evidence to
16impeach the witness in the event that prior sexual activity
17with the defendant is denied. Such offer of proof shall
18include reasonably specific information as to the date, time
19and place of the past sexual conduct between the alleged
20victim or corroborating witness under Section 115-7.3 of this
21Code and the defendant. Unless the court finds that reasonably
22specific information as to date, time or place, or some
23combination thereof, has been offered as to prior sexual
24activity with the defendant, counsel for the defendant shall
25be ordered to refrain from inquiring into prior sexual
26activity between the alleged victim or corroborating witness

 

 

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1under Section 115-7.3 of this Code and the defendant. The
2court shall not admit evidence under this Section unless it
3determines at the hearing that the evidence is relevant and
4the probative value of the evidence outweighs the danger of
5unfair prejudice. The evidence shall be admissible at trial to
6the extent an order made by the court specifies the evidence
7that may be admitted and areas with respect to which the
8alleged victim or corroborating witness under Section 115-7.3
9of this Code may be examined or cross examined.
10(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
11    (725 ILCS 5/115-7.3)
12    Sec. 115-7.3. Evidence in certain cases.
13    (a) This Section applies to criminal cases in which:
14        (1) the defendant is accused of predatory criminal
15    sexual assault of a child, aggravated criminal sexual
16    assault, criminal sexual assault, aggravated criminal
17    sexual abuse, criminal sexual abuse, child pornography,
18    aggravated child pornography, involuntary servitude,
19    involuntary sexual servitude of a minor, trafficking in
20    persons, criminal transmission of HIV, or child abduction
21    as defined in paragraph (10) of subsection (b) of Section
22    10-5 of the Criminal Code of 1961 or the Criminal Code of
23    2012;
24        (2) the defendant is accused of battery, aggravated
25    battery, first degree murder, or second degree murder when

 

 

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1    the commission of the offense involves sexual penetration
2    or sexual conduct as defined in Section 11-0.1 of the
3    Criminal Code of 2012; or
4        (3) the defendant is tried or retried for any of the
5    offenses formerly known as rape, deviate sexual assault,
6    indecent liberties with a child, or aggravated indecent
7    liberties with a child.
8    (b) If the defendant is accused of an offense set forth in
9paragraph (1) or (2) of subsection (a) or the defendant is
10tried or retried for any of the offenses set forth in paragraph
11(3) of subsection (a), evidence of the defendant's commission
12of another offense or offenses set forth in paragraph (1),
13(2), or (3) of subsection (a), or evidence to rebut that proof
14or an inference from that proof, may be admissible (if that
15evidence is otherwise admissible under the rules of evidence)
16and may be considered for its bearing on any matter to which it
17is relevant.
18    (c) In weighing the probative value of the evidence
19against undue prejudice to the defendant, the court may
20consider:
21        (1) the proximity in time to the charged or predicate
22    offense;
23        (2) the degree of factual similarity to the charged or
24    predicate offense; or
25        (3) other relevant facts and circumstances.
26    (d) In a criminal case in which the prosecution intends to

 

 

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1offer evidence under this Section, it must disclose the
2evidence, including statements of witnesses or a summary of
3the substance of any testimony, at a reasonable time in
4advance of trial, or during trial if the court excuses
5pretrial notice on good cause shown.
6    (e) In a criminal case in which evidence is offered under
7this Section, proof may be made by specific instances of
8conduct, testimony as to reputation, or testimony in the form
9of an expert opinion, except that the prosecution may offer
10reputation testimony only after the opposing party has offered
11that testimony.
12    (f) In prosecutions for a violation of Section 10-2,
1311-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-3.05, 12-4,
1412-13, 12-14, 12-14.1, 12-15, 12-16, or 18-5 of the Criminal
15Code of 1961 or the Criminal Code of 2012, involving the
16involuntary delivery of a controlled substance to a victim, no
17inference may be made about the fact that a victim did not
18consent to a test for the presence of controlled substances.
19(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
2098-160, eff. 1-1-14.)
 
21    (725 ILCS 5/115-7.4)
22    Sec. 115-7.4. Evidence in domestic violence cases.
23    (a) In a criminal prosecution in which the defendant is
24accused of an offense of domestic violence as defined in
25paragraphs (1) and (3) of Section 103 of the Illinois Domestic

 

 

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1Violence Act of 1986, or first degree murder or second degree
2murder when the commission of the offense involves domestic
3violence, involuntary servitude, involuntary sexual servitude
4of a minor, or trafficking in persons, evidence of the
5defendant's commission of another offense or offenses of
6domestic violence is admissible, and may be considered for its
7bearing on any matter to which it is relevant.
8    (b) In weighing the probative value of the evidence
9against undue prejudice to the defendant, the court may
10consider:
11        (1) the proximity in time to the charged or predicate
12    offense;
13        (2) the degree of factual similarity to the charged or
14    predicate offense; or
15        (3) other relevant facts and circumstances.
16    (c) In a criminal case in which the prosecution intends to
17offer evidence under this Section, it must disclose the
18evidence, including statements of witnesses or a summary of
19the substance of any testimony, at a reasonable time in
20advance of trial, or during trial if the court excuses
21pretrial notice on good cause shown.
22    (d) In a criminal case in which evidence is offered under
23this Section, proof may be made by specific instances of
24conduct, testimony as to reputation, or testimony in the form
25of an expert opinion, except that the prosecution may offer
26reputation testimony only after the opposing party has offered

 

 

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1that testimony.
2(Source: P.A. 97-1036, eff. 8-20-12.)
 
3    Section 95. No acceleration or delay. Where this Act makes
4changes in a statute that is represented in this Act by text
5that is not yet or no longer in effect (for example, a Section
6represented by multiple versions), the use of that text does
7not accelerate or delay the taking effect of (i) the changes
8made by this Act or (ii) provisions derived from any other
9Public Act.

 

 

SB4042- 90 -LRB102 25880 RLC 35237 b

1 INDEX
2 Statutes amended in order of appearance
3    720 ILCS 5/3-5from Ch. 38, par. 3-5
4    720 ILCS 5/3-6from Ch. 38, par. 3-6
5    720 ILCS 5/11-0.1
6    720 ILCS 5/11-9.3
7    720 ILCS 5/11-20.1from Ch. 38, par. 11-20.1
8    720 ILCS 5/11-20.2from Ch. 38, par. 11-20.2
9    720 ILCS 5/11-23
10    720 ILCS 5/11-25
11    720 ILCS 5/14-3
12    720 ILCS 5/26-4from Ch. 38, par. 26-4
13    720 ILCS 5/36-1from Ch. 38, par. 36-1
14    725 ILCS 5/106B-10
15    725 ILCS 5/115-7from Ch. 38, par. 115-7
16    725 ILCS 5/115-7.3
17    725 ILCS 5/115-7.4