Full Text of HB5556 103rd General Assembly
HB5556 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB5556 Introduced 2/9/2024, by Rep. Mary Gill SYNOPSIS AS INTRODUCED: | | | Amends the Criminal Code of 2012. Provides that a person commits the offense of trafficking in persons when the person knowingly: (1) maintains by any means, or attempts to recruit, entice, harbor, transport, provide, obtain, advertise or maintain by any means, another person, intending or knowing that the person will be subjected to prostitution or a commercial sex act; or (2) recruits, entices, harbors, transports, provides, obtains, advertises, or maintains by any means, or attempts to recruit, entice, harbor, transport, provide, obtain, advertise or maintain by any means, another person, intending or knowing that the person will be subjected to prostitution or a commercial sex act as a result of coercion. Provides that in determining sentences for human trafficking within statutory maximums, the sentencing court may provide for substantially increased sentences in cases involving more than 5 (rather than 10) victims. Changes the name of the offense of promoting prostitution to promoting or facilitating prostitution. Provides that a person commits the offense if the person: (1) owns, manages, or operates an interactive computer service or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person; or (2) owns, manages, or operates an interactive computer service or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person; and (A) promotes or facilitates the prostitution of 5 or more persons; or (B) acts in reckless disregard of the fact that such conduct contributed to sex trafficking in violation of the trafficking in persons law. Defines "interactive computer service". Amends various other Acts to make conforming changes. |
| |
| | A BILL FOR |
| | | | HB5556 | | LRB103 38752 RLC 68889 b |
|
| 1 | | AN ACT concerning criminal law. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Liquor Control Act of 1934 is amended by | 5 | | changing Section 6-2 as follows: | 6 | | (235 ILCS 5/6-2) (from Ch. 43, par. 120) | 7 | | Sec. 6-2. Issuance of licenses to certain persons | 8 | | prohibited. | 9 | | (a) Except as otherwise provided in subsection (b) of this | 10 | | Section and in paragraph (1) of subsection (a) of Section | 11 | | 3-12, no license of any kind issued by the State Commission or | 12 | | any local commission shall be issued to: | 13 | | (1) A person who is not a resident of any city, village | 14 | | or county in which the premises covered by the license are | 15 | | located; except in case of railroad or boat licenses. | 16 | | (2) A person who is not of good character and | 17 | | reputation in the community in which he resides. | 18 | | (3) (Blank). | 19 | | (4) A person who has been convicted of a felony under | 20 | | any Federal or State law, unless the Commission determines | 21 | | that such person will not be impaired by the conviction in | 22 | | engaging in the licensed practice after considering | 23 | | matters set forth in such person's application in |
| | | HB5556 | - 2 - | LRB103 38752 RLC 68889 b |
|
| 1 | | accordance with Section 6-2.5 of this Act and the | 2 | | Commission's investigation. | 3 | | (5) A person who has been convicted of keeping a place | 4 | | of prostitution or keeping a place of juvenile | 5 | | prostitution, promoting or facilitating prostitution that | 6 | | involves keeping a place of prostitution, or promoting | 7 | | juvenile prostitution that involves keeping a place of | 8 | | juvenile prostitution. | 9 | | (6) A person who has been convicted of pandering. | 10 | | (7) A person whose license issued under this Act has | 11 | | been revoked for cause. | 12 | | (8) A person who at the time of application for | 13 | | renewal of any license issued hereunder would not be | 14 | | eligible for such license upon a first application. | 15 | | (9) A copartnership, if any general partnership | 16 | | thereof, or any limited partnership thereof, owning more | 17 | | than 5% of the aggregate limited partner interest in such | 18 | | copartnership would not be eligible to receive a license | 19 | | hereunder for any reason other than residence within the | 20 | | political subdivision, unless residency is required by | 21 | | local ordinance. | 22 | | (10) A corporation or limited liability company, if | 23 | | any member, officer, manager or director thereof, or any | 24 | | stockholder or stockholders owning in the aggregate more | 25 | | than 5% of the stock of such corporation, would not be | 26 | | eligible to receive a license hereunder for any reason |
| | | HB5556 | - 3 - | LRB103 38752 RLC 68889 b |
|
| 1 | | other than residence within the political subdivision. | 2 | | (10a) A corporation or limited liability company | 3 | | unless it is incorporated or organized in Illinois, or | 4 | | unless it is a foreign corporation or foreign limited | 5 | | liability company which is qualified under the Business | 6 | | Corporation Act of 1983 or the Limited Liability Company | 7 | | Act to transact business in Illinois. The Commission shall | 8 | | permit and accept from an applicant for a license under | 9 | | this Act proof prepared from the Secretary of State's | 10 | | website that the corporation or limited liability company | 11 | | is in good standing and is qualified under the Business | 12 | | Corporation Act of 1983 or the Limited Liability Company | 13 | | Act to transact business in Illinois. | 14 | | (11) A person whose place of business is conducted by | 15 | | a manager or agent unless the manager or agent possesses | 16 | | the same qualifications required by the licensee. | 17 | | (12) A person who has been convicted of a violation of | 18 | | any Federal or State law concerning the manufacture, | 19 | | possession or sale of alcoholic liquor, subsequent to the | 20 | | passage of this Act or has forfeited his bond to appear in | 21 | | court to answer charges for any such violation, unless the | 22 | | Commission determines, in accordance with Section 6-2.5 of | 23 | | this Act, that the person will not be impaired by the | 24 | | conviction in engaging in the licensed practice. | 25 | | (13) A person who does not beneficially own the | 26 | | premises for which a license is sought, or does not have a |
| | | HB5556 | - 4 - | LRB103 38752 RLC 68889 b |
|
| 1 | | lease thereon for the full period for which the license is | 2 | | to be issued. | 3 | | (14) Any law enforcing public official, including | 4 | | members of local liquor control commissions, any mayor, | 5 | | alderperson, or member of the city council or commission, | 6 | | any president of the village board of trustees, any member | 7 | | of a village board of trustees, or any president or member | 8 | | of a county board; and no such official shall have a direct | 9 | | interest in the manufacture, sale, or distribution of | 10 | | alcoholic liquor, except that a license may be granted to | 11 | | such official in relation to premises that are not located | 12 | | within the territory subject to the jurisdiction of that | 13 | | official if the issuance of such license is approved by | 14 | | the State Liquor Control Commission and except that a | 15 | | license may be granted, in a city or village with a | 16 | | population of 55,000 or less, to any alderperson, member | 17 | | of a city council, or member of a village board of trustees | 18 | | in relation to premises that are located within the | 19 | | territory subject to the jurisdiction of that official if | 20 | | (i) the sale of alcoholic liquor pursuant to the license | 21 | | is incidental to the selling of food, (ii) the issuance of | 22 | | the license is approved by the State Commission, (iii) the | 23 | | issuance of the license is in accordance with all | 24 | | applicable local ordinances in effect where the premises | 25 | | are located, and (iv) the official granted a license does | 26 | | not vote on alcoholic liquor issues pending before the |
| | | HB5556 | - 5 - | LRB103 38752 RLC 68889 b |
|
| 1 | | board or council to which the license holder is elected. | 2 | | Notwithstanding any provision of this paragraph (14) to | 3 | | the contrary, an alderperson or member of a city council | 4 | | or commission, a member of a village board of trustees | 5 | | other than the president of the village board of trustees, | 6 | | or a member of a county board other than the president of a | 7 | | county board may have a direct interest in the | 8 | | manufacture, sale, or distribution of alcoholic liquor as | 9 | | long as he or she is not a law enforcing public official, a | 10 | | mayor, a village board president, or president of a county | 11 | | board. To prevent any conflict of interest, the elected | 12 | | official with the direct interest in the manufacture, | 13 | | sale, or distribution of alcoholic liquor shall not | 14 | | participate in any meetings, hearings, or decisions on | 15 | | matters impacting the manufacture, sale, or distribution | 16 | | of alcoholic liquor. Furthermore, the mayor of a city with | 17 | | a population of 55,000 or less or the president of a | 18 | | village with a population of 55,000 or less may have an | 19 | | interest in the manufacture, sale, or distribution of | 20 | | alcoholic liquor as long as the council or board over | 21 | | which he or she presides has made a local liquor control | 22 | | commissioner appointment that complies with the | 23 | | requirements of Section 4-2 of this Act. | 24 | | (15) A person who is not a beneficial owner of the | 25 | | business to be operated by the licensee. | 26 | | (16) A person who has been convicted of a gambling |
| | | HB5556 | - 6 - | LRB103 38752 RLC 68889 b |
|
| 1 | | offense as proscribed by any of subsections (a) (3) | 2 | | through (a) (11) of Section 28-1 of, or as proscribed by | 3 | | Section 28-1.1 or 28-3 of, the Criminal Code of 1961 or the | 4 | | Criminal Code of 2012, or as proscribed by a statute | 5 | | replaced by any of the aforesaid statutory provisions. | 6 | | (17) A person or entity to whom a federal wagering | 7 | | stamp has been issued by the federal government, unless | 8 | | the person or entity is eligible to be issued a license | 9 | | under the Raffles and Poker Runs Act or the Illinois Pull | 10 | | Tabs and Jar Games Act. | 11 | | (18) A person who intends to sell alcoholic liquors | 12 | | for use or consumption on his or her licensed retail | 13 | | premises who does not have liquor liability insurance | 14 | | coverage for that premises in an amount that is at least | 15 | | equal to the maximum liability amounts set out in | 16 | | subsection (a) of Section 6-21. | 17 | | (19) A person who is licensed by any licensing | 18 | | authority as a manufacturer of beer, or any partnership, | 19 | | corporation, limited liability company, or trust or any | 20 | | subsidiary, affiliate, or agent thereof, or any other form | 21 | | of business enterprise licensed as a manufacturer of beer, | 22 | | having any legal, equitable, or beneficial interest, | 23 | | directly or indirectly, in a person licensed in this State | 24 | | as a distributor or importing distributor. For purposes of | 25 | | this paragraph (19), a person who is licensed by any | 26 | | licensing authority as a "manufacturer of beer" shall also |
| | | HB5556 | - 7 - | LRB103 38752 RLC 68889 b |
|
| 1 | | mean a brewer and a non-resident dealer who is also a | 2 | | manufacturer of beer, including a partnership, | 3 | | corporation, limited liability company, or trust or any | 4 | | subsidiary, affiliate, or agent thereof, or any other form | 5 | | of business enterprise licensed as a manufacturer of beer. | 6 | | (20) A person who is licensed in this State as a | 7 | | distributor or importing distributor, or any partnership, | 8 | | corporation, limited liability company, or trust or any | 9 | | subsidiary, affiliate, or agent thereof, or any other form | 10 | | of business enterprise licensed in this State as a | 11 | | distributor or importing distributor having any legal, | 12 | | equitable, or beneficial interest, directly or indirectly, | 13 | | in a person licensed as a manufacturer of beer by any | 14 | | licensing authority, or any partnership, corporation, | 15 | | limited liability company, or trust or any subsidiary, | 16 | | affiliate, or agent thereof, or any other form of business | 17 | | enterprise, except for a person who owns, on or after the | 18 | | effective date of this amendatory Act of the 98th General | 19 | | Assembly, no more than 5% of the outstanding shares of a | 20 | | manufacturer of beer whose shares are publicly traded on | 21 | | an exchange within the meaning of the Securities Exchange | 22 | | Act of 1934. For the purposes of this paragraph (20), a | 23 | | person who is licensed by any licensing authority as a | 24 | | "manufacturer of beer" shall also mean a brewer and a | 25 | | non-resident dealer who is also a manufacturer of beer, | 26 | | including a partnership, corporation, limited liability |
| | | HB5556 | - 8 - | LRB103 38752 RLC 68889 b |
|
| 1 | | company, or trust or any subsidiary, affiliate, or agent | 2 | | thereof, or any other form of business enterprise licensed | 3 | | as a manufacturer of beer. | 4 | | (b) A criminal conviction of a corporation is not grounds | 5 | | for the denial, suspension, or revocation of a license applied | 6 | | for or held by the corporation if the criminal conviction was | 7 | | not the result of a violation of any federal or State law | 8 | | concerning the manufacture, possession or sale of alcoholic | 9 | | liquor, the offense that led to the conviction did not result | 10 | | in any financial gain to the corporation and the corporation | 11 | | has terminated its relationship with each director, officer, | 12 | | employee, or controlling shareholder whose actions directly | 13 | | contributed to the conviction of the corporation. The | 14 | | Commission shall determine if all provisions of this | 15 | | subsection (b) have been met before any action on the | 16 | | corporation's license is initiated. | 17 | | (Source: P.A. 101-541, eff. 8-23-19; 102-15, eff. 6-17-21.) | 18 | | Section 10. The Criminal Code of 2012 is amended by | 19 | | changing Sections 10-9, 11-9.3, 11-14.3, 11-14.4, 11-18, | 20 | | 11-18.1, and 33G-3 as follows: | 21 | | (720 ILCS 5/10-9) | 22 | | Sec. 10-9. Trafficking in persons, involuntary servitude, | 23 | | and related offenses. | 24 | | (a) Definitions. In this Section: |
| | | HB5556 | - 9 - | LRB103 38752 RLC 68889 b |
|
| 1 | | (1) "Intimidation" has the meaning prescribed in Section | 2 | | 12-6. | 3 | | (2) "Commercial sexual activity" means any sex act on | 4 | | account of which anything of value is given, promised to, or | 5 | | received by any person. | 6 | | (2.5) "Company" means any sole proprietorship, | 7 | | organization, association, corporation, partnership, joint | 8 | | venture, limited partnership, limited liability partnership, | 9 | | limited liability limited partnership, limited liability | 10 | | company, or other entity or business association, including | 11 | | all wholly owned subsidiaries, majority-owned subsidiaries, | 12 | | parent companies, or affiliates of those entities or business | 13 | | associations, that exist for the purpose of making profit. | 14 | | (3) "Financial harm" includes intimidation that brings | 15 | | about financial loss, criminal usury, or employment contracts | 16 | | that violate the Frauds Act. | 17 | | (4) (Blank). | 18 | | (5) "Labor" means work of economic or financial value. | 19 | | (6) "Maintain" means, in relation to labor or services, to | 20 | | secure continued performance thereof, regardless of any | 21 | | initial agreement on the part of the victim to perform that | 22 | | type of service. | 23 | | (7) "Obtain" means, in relation to labor or services, to | 24 | | secure performance thereof. | 25 | | (7.5) "Serious harm" means any harm, whether physical or | 26 | | nonphysical, including psychological, financial, or |
| | | HB5556 | - 10 - | LRB103 38752 RLC 68889 b |
|
| 1 | | reputational harm, that is sufficiently serious, under all the | 2 | | surrounding circumstances, to compel a reasonable person of | 3 | | the same background and in the same circumstances to perform | 4 | | or to continue performing labor or services in order to avoid | 5 | | incurring that harm. | 6 | | (8) "Services" means activities resulting from a | 7 | | relationship between a person and the actor in which the | 8 | | person performs activities under the supervision of or for the | 9 | | benefit of the actor. Commercial sexual activity and | 10 | | sexually-explicit performances are forms of activities that | 11 | | are "services" under this Section. Nothing in this definition | 12 | | may be construed to legitimize or legalize prostitution. | 13 | | (9) "Sexually-explicit performance" means a live, | 14 | | recorded, broadcast (including over the Internet), or public | 15 | | act or show intended to arouse or satisfy the sexual desires or | 16 | | appeal to the prurient interests of patrons. | 17 | | (10) "Trafficking victim" means a person subjected to the | 18 | | practices set forth in subsection (b), (c), or (d). | 19 | | (b) Involuntary servitude. A person commits involuntary | 20 | | servitude when he or she knowingly subjects, attempts to | 21 | | subject, or engages in a conspiracy to subject another person | 22 | | to labor or services obtained or maintained through any of the | 23 | | following means, or any combination of these means: | 24 | | (1) causes or threatens to cause physical harm to any | 25 | | person; | 26 | | (2) physically restrains or threatens to physically |
| | | HB5556 | - 11 - | LRB103 38752 RLC 68889 b |
|
| 1 | | restrain another person; | 2 | | (3) abuses or threatens to abuse the law or legal | 3 | | process; | 4 | | (4) knowingly destroys, conceals, removes, | 5 | | confiscates, or possesses any actual or purported passport | 6 | | or other immigration document, or any other actual or | 7 | | purported government identification document, of another | 8 | | person; | 9 | | (5) uses intimidation, or exerts financial control | 10 | | over any person; or | 11 | | (6) uses any scheme, plan, or pattern intended to | 12 | | cause the person to believe that, if the person did not | 13 | | perform the labor or services, that person or another | 14 | | person would suffer serious harm or physical restraint. | 15 | | Sentence. Except as otherwise provided in subsection (e) | 16 | | or (f), a violation of subsection (b)(1) is a Class X felony, | 17 | | (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) | 18 | | is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony. | 19 | | (c) Involuntary sexual servitude of a minor. A person | 20 | | commits involuntary sexual servitude of a minor when he or she | 21 | | knowingly recruits, entices, harbors, transports, provides, or | 22 | | obtains by any means, or attempts to recruit, entice, harbor, | 23 | | provide, or obtain by any means, another person under 18 years | 24 | | of age, knowing that the minor will engage in commercial | 25 | | sexual activity, a sexually-explicit performance, or the | 26 | | production of pornography, or causes or attempts to cause a |
| | | HB5556 | - 12 - | LRB103 38752 RLC 68889 b |
|
| 1 | | minor to engage in one or more of those activities and: | 2 | | (1) there is no overt force or threat and the minor is | 3 | | between the ages of 17 and 18 years; | 4 | | (2) there is no overt force or threat and the minor is | 5 | | under the age of 17 years; or | 6 | | (3) there is overt force or threat. | 7 | | Sentence. Except as otherwise provided in subsection (e) | 8 | | or (f), a violation of subsection (c)(1) is a Class 1 felony, | 9 | | (c)(2) is a Class X felony, and (c)(3) is a Class X felony. | 10 | | (d) Trafficking in persons. A person commits trafficking | 11 | | in persons when he or she knowingly: (1) recruits, entices, | 12 | | harbors, transports, provides, or obtains by any means, or | 13 | | attempts to recruit, entice, harbor, transport, provide, or | 14 | | obtain by any means, another person, intending or knowing that | 15 | | the person will be subjected to involuntary servitude; or (2) | 16 | | benefits, financially or by receiving anything of value, from | 17 | | participation in a venture that has engaged in an act of | 18 | | involuntary servitude or involuntary sexual servitude of a | 19 | | minor ; (3) maintains by any means, or attempts to recruit, | 20 | | entice, harbor, transport, provide, obtain, advertise or | 21 | | maintain by any means, another person, intending or knowing | 22 | | that the person will be subjected to prostitution or a | 23 | | commercial sex act; or (4) recruits, entices, harbors, | 24 | | transports, provides, obtains, advertises, or maintains by any | 25 | | means, or attempts to recruit, entice, harbor, transport, | 26 | | provide, obtain, advertise or maintain by any means, another |
| | | HB5556 | - 13 - | LRB103 38752 RLC 68889 b |
|
| 1 | | person, intending or knowing that the person will be subjected | 2 | | to prostitution or a commercial sex act as a result of | 3 | | coercion . A company commits trafficking in persons when the | 4 | | company knowingly benefits, financially or by receiving | 5 | | anything of value, from participation in a venture that has | 6 | | engaged in an act of prostitution of another person, | 7 | | involuntary servitude of another person, or involuntary sexual | 8 | | servitude of a minor. | 9 | | Sentence. Except as otherwise provided in subsection (e) | 10 | | or (f), a violation of this subsection by a person is a Class 1 | 11 | | felony. A violation of this subsection by a company is a | 12 | | business offense for which a fine of up to $100,000 may be | 13 | | imposed. | 14 | | (e) Aggravating factors. A violation of this Section | 15 | | involving kidnapping or an attempt to kidnap, aggravated | 16 | | criminal sexual assault or an attempt to commit aggravated | 17 | | criminal sexual assault, or an attempt to commit first degree | 18 | | murder is a Class X felony. | 19 | | (f) Sentencing considerations. | 20 | | (1) Bodily injury. If, pursuant to a violation of this | 21 | | Section, a victim suffered bodily injury, the defendant | 22 | | may be sentenced to an extended-term sentence under | 23 | | Section 5-8-2 of the Unified Code of Corrections. The | 24 | | sentencing court must take into account the time in which | 25 | | the victim was held in servitude, with increased penalties | 26 | | for cases in which the victim was held for between 180 days |
| | | HB5556 | - 14 - | LRB103 38752 RLC 68889 b |
|
| 1 | | and one year, and increased penalties for cases in which | 2 | | the victim was held for more than one year. | 3 | | (2) Number of victims. In determining sentences within | 4 | | statutory maximums, the sentencing court should take into | 5 | | account the number of victims, and may provide for | 6 | | substantially increased sentences in cases involving more | 7 | | than 5 10 victims. | 8 | | (g) Restitution. Restitution is mandatory under this | 9 | | Section. In addition to any other amount of loss identified, | 10 | | the court shall order restitution including the greater of (1) | 11 | | the gross income or value to the defendant of the victim's | 12 | | labor or services or (2) the value of the victim's labor as | 13 | | guaranteed under the Minimum Wage Law and overtime provisions | 14 | | of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, | 15 | | whichever is greater. | 16 | | (g-5) Fine distribution. If the court imposes a fine under | 17 | | subsection (b), (c), or (d) of this Section, it shall be | 18 | | collected and distributed to the Specialized Services for | 19 | | Survivors of Human Trafficking Fund in accordance with Section | 20 | | 5-9-1.21 of the Unified Code of Corrections. | 21 | | (h) Trafficking victim services. Subject to the | 22 | | availability of funds, the Department of Human Services may | 23 | | provide or fund emergency services and assistance to | 24 | | individuals who are victims of one or more offenses defined in | 25 | | this Section. | 26 | | (i) Certification. The Attorney General, a State's |
| | | HB5556 | - 15 - | LRB103 38752 RLC 68889 b |
|
| 1 | | Attorney, or any law enforcement official shall certify in | 2 | | writing to the United States Department of Justice or other | 3 | | federal agency, such as the United States Department of | 4 | | Homeland Security, that an investigation or prosecution under | 5 | | this Section has begun and the individual who is a likely | 6 | | victim of a crime described in this Section is willing to | 7 | | cooperate or is cooperating with the investigation to enable | 8 | | the individual, if eligible under federal law, to qualify for | 9 | | an appropriate special immigrant visa and to access available | 10 | | federal benefits. Cooperation with law enforcement shall not | 11 | | be required of victims of a crime described in this Section who | 12 | | are under 18 years of age. This certification shall be made | 13 | | available to the victim and his or her designated legal | 14 | | representative. | 15 | | (j) A person who commits involuntary servitude, | 16 | | involuntary sexual servitude of a minor, or trafficking in | 17 | | persons under subsection (b), (c), or (d) of this Section is | 18 | | subject to the property forfeiture provisions set forth in | 19 | | Article 124B of the Code of Criminal Procedure of 1963. | 20 | | (Source: P.A. 101-18, eff. 1-1-20 .) | 21 | | (720 ILCS 5/11-9.3) | 22 | | Sec. 11-9.3. Presence within school zone by child sex | 23 | | offenders prohibited; approaching, contacting, residing with, | 24 | | or communicating with a child within certain places by child | 25 | | sex offenders prohibited. |
| | | HB5556 | - 16 - | LRB103 38752 RLC 68889 b |
|
| 1 | | (a) It is unlawful for a child sex offender to knowingly be | 2 | | present in any school building, on real property comprising | 3 | | any school, or in any conveyance owned, leased, or contracted | 4 | | by a school to transport students to or from school or a school | 5 | | related activity when persons under the age of 18 are present | 6 | | in the building, on the grounds or in the conveyance, unless | 7 | | the offender is a parent or guardian of a student attending the | 8 | | school and the parent or guardian is: (i) attending a | 9 | | conference at the school with school personnel to discuss the | 10 | | progress of his or her child academically or socially, (ii) | 11 | | participating in child review conferences in which evaluation | 12 | | and placement decisions may be made with respect to his or her | 13 | | child regarding special education services, or (iii) attending | 14 | | conferences to discuss other student issues concerning his or | 15 | | her child such as retention and promotion and notifies the | 16 | | principal of the school of his or her presence at the school or | 17 | | unless the offender has permission to be present from the | 18 | | superintendent or the school board or in the case of a private | 19 | | school from the principal. In the case of a public school, if | 20 | | permission is granted, the superintendent or school board | 21 | | president must inform the principal of the school where the | 22 | | sex offender will be present. Notification includes the nature | 23 | | of the sex offender's visit and the hours in which the sex | 24 | | offender will be present in the school. The sex offender is | 25 | | responsible for notifying the principal's office when he or | 26 | | she arrives on school property and when he or she departs from |
| | | HB5556 | - 17 - | LRB103 38752 RLC 68889 b |
|
| 1 | | school property. If the sex offender is to be present in the | 2 | | vicinity of children, the sex offender has the duty to remain | 3 | | under the direct supervision of a school official. | 4 | | (a-5) It is unlawful for a child sex offender to knowingly | 5 | | be present within 100 feet of a site posted as a pick-up or | 6 | | discharge stop for a conveyance owned, leased, or contracted | 7 | | by a school to transport students to or from school or a school | 8 | | related activity when one or more persons under the age of 18 | 9 | | are present at the site. | 10 | | (a-10) It is unlawful for a child sex offender to | 11 | | knowingly be present in any public park building, a playground | 12 | | or recreation area within any publicly accessible privately | 13 | | owned building, or on real property comprising any public park | 14 | | when persons under the age of 18 are present in the building or | 15 | | on the grounds and to approach, contact, or communicate with a | 16 | | child under 18 years of age, unless the offender is a parent or | 17 | | guardian of a person under 18 years of age present in the | 18 | | building or on the grounds. | 19 | | (b) It is unlawful for a child sex offender to knowingly | 20 | | loiter within 500 feet of a school building or real property | 21 | | comprising any school while persons under the age of 18 are | 22 | | present in the building or on the grounds, unless the offender | 23 | | is a parent or guardian of a student attending the school and | 24 | | the parent or guardian is: (i) attending a conference at the | 25 | | school with school personnel to discuss the progress of his or | 26 | | her child academically or socially, (ii) participating in |
| | | HB5556 | - 18 - | LRB103 38752 RLC 68889 b |
|
| 1 | | child review conferences in which evaluation and placement | 2 | | decisions may be made with respect to his or her child | 3 | | regarding special education services, or (iii) attending | 4 | | conferences to discuss other student issues concerning his or | 5 | | her child such as retention and promotion and notifies the | 6 | | principal of the school of his or her presence at the school or | 7 | | has permission to be present from the superintendent or the | 8 | | school board or in the case of a private school from the | 9 | | principal. In the case of a public school, if permission is | 10 | | granted, the superintendent or school board president must | 11 | | inform the principal of the school where the sex offender will | 12 | | be present. Notification includes the nature of the sex | 13 | | offender's visit and the hours in which the sex offender will | 14 | | be present in the school. The sex offender is responsible for | 15 | | notifying the principal's office when he or she arrives on | 16 | | school property and when he or she departs from school | 17 | | property. If the sex offender is to be present in the vicinity | 18 | | of children, the sex offender has the duty to remain under the | 19 | | direct supervision of a school official. | 20 | | (b-2) It is unlawful for a child sex offender to knowingly | 21 | | loiter on a public way within 500 feet of a public park | 22 | | building or real property comprising any public park while | 23 | | persons under the age of 18 are present in the building or on | 24 | | the grounds and to approach, contact, or communicate with a | 25 | | child under 18 years of age, unless the offender is a parent or | 26 | | guardian of a person under 18 years of age present in the |
| | | HB5556 | - 19 - | LRB103 38752 RLC 68889 b |
|
| 1 | | building or on the grounds. | 2 | | (b-5) It is unlawful for a child sex offender to knowingly | 3 | | reside within 500 feet of a school building or the real | 4 | | property comprising any school that persons under the age of | 5 | | 18 attend. Nothing in this subsection (b-5) prohibits a child | 6 | | sex offender from residing within 500 feet of a school | 7 | | building or the real property comprising any school that | 8 | | persons under 18 attend if the property is owned by the child | 9 | | sex offender and was purchased before July 7, 2000 (the | 10 | | effective date of Public Act 91-911). | 11 | | (b-10) It is unlawful for a child sex offender to | 12 | | knowingly reside within 500 feet of a playground, child care | 13 | | institution, day care center, part day child care facility, | 14 | | day care home, group day care home, or a facility providing | 15 | | programs or services exclusively directed toward persons under | 16 | | 18 years of age. Nothing in this subsection (b-10) prohibits a | 17 | | child sex offender from residing within 500 feet of a | 18 | | playground or a facility providing programs or services | 19 | | exclusively directed toward persons under 18 years of age if | 20 | | the property is owned by the child sex offender and was | 21 | | purchased before July 7, 2000. Nothing in this subsection | 22 | | (b-10) prohibits a child sex offender from residing within 500 | 23 | | feet of a child care institution, day care center, or part day | 24 | | child care facility if the property is owned by the child sex | 25 | | offender and was purchased before June 26, 2006. Nothing in | 26 | | this subsection (b-10) prohibits a child sex offender from |
| | | HB5556 | - 20 - | LRB103 38752 RLC 68889 b |
|
| 1 | | residing within 500 feet of a day care home or group day care | 2 | | home if the property is owned by the child sex offender and was | 3 | | purchased before August 14, 2008 (the effective date of Public | 4 | | Act 95-821). | 5 | | (b-15) It is unlawful for a child sex offender to | 6 | | knowingly reside within 500 feet of the victim of the sex | 7 | | offense. Nothing in this subsection (b-15) prohibits a child | 8 | | sex offender from residing within 500 feet of the victim if the | 9 | | property in which the child sex offender resides is owned by | 10 | | the child sex offender and was purchased before August 22, | 11 | | 2002. | 12 | | This subsection (b-15) does not apply if the victim of the | 13 | | sex offense is 21 years of age or older. | 14 | | (b-20) It is unlawful for a child sex offender to | 15 | | knowingly communicate, other than for a lawful purpose under | 16 | | Illinois law, using the Internet or any other digital media, | 17 | | with a person under 18 years of age or with a person whom he or | 18 | | she believes to be a person under 18 years of age, unless the | 19 | | offender is a parent or guardian of the person under 18 years | 20 | | of age. | 21 | | (c) It is unlawful for a child sex offender to knowingly | 22 | | operate, manage, be employed by, volunteer at, be associated | 23 | | with, or knowingly be present at any: (i) facility providing | 24 | | programs or services exclusively directed toward persons under | 25 | | the age of 18; (ii) day care center; (iii) part day child care | 26 | | facility; (iv) child care institution; (v) school providing |
| | | HB5556 | - 21 - | LRB103 38752 RLC 68889 b |
|
| 1 | | before and after school programs for children under 18 years | 2 | | of age; (vi) day care home; or (vii) group day care home. This | 3 | | does not prohibit a child sex offender from owning the real | 4 | | property upon which the programs or services are offered or | 5 | | upon which the day care center, part day child care facility, | 6 | | child care institution, or school providing before and after | 7 | | school programs for children under 18 years of age is located, | 8 | | provided the child sex offender refrains from being present on | 9 | | the premises for the hours during which: (1) the programs or | 10 | | services are being offered or (2) the day care center, part day | 11 | | child care facility, child care institution, or school | 12 | | providing before and after school programs for children under | 13 | | 18 years of age, day care home, or group day care home is | 14 | | operated. | 15 | | (c-2) It is unlawful for a child sex offender to | 16 | | participate in a holiday event involving children under 18 | 17 | | years of age, including but not limited to distributing candy | 18 | | or other items to children on Halloween, wearing a Santa Claus | 19 | | costume on or preceding Christmas, being employed as a | 20 | | department store Santa Claus, or wearing an Easter Bunny | 21 | | costume on or preceding Easter. For the purposes of this | 22 | | subsection, child sex offender has the meaning as defined in | 23 | | this Section, but does not include as a sex offense under | 24 | | paragraph (2) of subsection (d) of this Section, the offense | 25 | | under subsection (c) of Section 11-1.50 of this Code. This | 26 | | subsection does not apply to a child sex offender who is a |
| | | HB5556 | - 22 - | LRB103 38752 RLC 68889 b |
|
| 1 | | parent or guardian of children under 18 years of age that are | 2 | | present in the home and other non-familial minors are not | 3 | | present. | 4 | | (c-5) It is unlawful for a child sex offender to knowingly | 5 | | operate, manage, be employed by, or be associated with any | 6 | | carnival, amusement enterprise, or county or State fair when | 7 | | persons under the age of 18 are present. | 8 | | (c-6) It is unlawful for a child sex offender who owns and | 9 | | resides at residential real estate to knowingly rent any | 10 | | residential unit within the same building in which he or she | 11 | | resides to a person who is the parent or guardian of a child or | 12 | | children under 18 years of age. This subsection shall apply | 13 | | only to leases or other rental arrangements entered into after | 14 | | January 1, 2009 (the effective date of Public Act 95-820). | 15 | | (c-7) It is unlawful for a child sex offender to knowingly | 16 | | offer or provide any programs or services to persons under 18 | 17 | | years of age in his or her residence or the residence of | 18 | | another or in any facility for the purpose of offering or | 19 | | providing such programs or services, whether such programs or | 20 | | services are offered or provided by contract, agreement, | 21 | | arrangement, or on a volunteer basis. | 22 | | (c-8) It is unlawful for a child sex offender to knowingly | 23 | | operate, whether authorized to do so or not, any of the | 24 | | following vehicles: (1) a vehicle which is specifically | 25 | | designed, constructed or modified and equipped to be used for | 26 | | the retail sale of food or beverages, including but not |
| | | HB5556 | - 23 - | LRB103 38752 RLC 68889 b |
|
| 1 | | limited to an ice cream truck; (2) an authorized emergency | 2 | | vehicle; or (3) a rescue vehicle. | 3 | | (d) Definitions. In this Section: | 4 | | (1) "Child sex offender" means any person who: | 5 | | (i) has been charged under Illinois law, or any | 6 | | substantially similar federal law or law of another | 7 | | state, with a sex offense set forth in paragraph (2) of | 8 | | this subsection (d) or the attempt to commit an | 9 | | included sex offense, and the victim is a person under | 10 | | 18 years of age at the time of the offense; and: | 11 | | (A) is convicted of such offense or an attempt | 12 | | to commit such offense; or | 13 | | (B) is found not guilty by reason of insanity | 14 | | of such offense or an attempt to commit such | 15 | | offense; or | 16 | | (C) is found not guilty by reason of insanity | 17 | | pursuant to subsection (c) of Section 104-25 of | 18 | | the Code of Criminal Procedure of 1963 of such | 19 | | offense or an attempt to commit such offense; or | 20 | | (D) is the subject of a finding not resulting | 21 | | in an acquittal at a hearing conducted pursuant to | 22 | | subsection (a) of Section 104-25 of the Code of | 23 | | Criminal Procedure of 1963 for the alleged | 24 | | commission or attempted commission of such | 25 | | offense; or | 26 | | (E) is found not guilty by reason of insanity |
| | | HB5556 | - 24 - | LRB103 38752 RLC 68889 b |
|
| 1 | | following a hearing conducted pursuant to a | 2 | | federal law or the law of another state | 3 | | substantially similar to subsection (c) of Section | 4 | | 104-25 of the Code of Criminal Procedure of 1963 | 5 | | of such offense or of the attempted commission of | 6 | | such offense; or | 7 | | (F) is the subject of a finding not resulting | 8 | | in an acquittal at a hearing conducted pursuant to | 9 | | a federal law or the law of another state | 10 | | substantially similar to subsection (a) of Section | 11 | | 104-25 of the Code of Criminal Procedure of 1963 | 12 | | for the alleged violation or attempted commission | 13 | | of such offense; or | 14 | | (ii) is certified as a sexually dangerous person | 15 | | pursuant to the Illinois Sexually Dangerous Persons | 16 | | Act, or any substantially similar federal law or the | 17 | | law of another state, when any conduct giving rise to | 18 | | such certification is committed or attempted against a | 19 | | person less than 18 years of age; or | 20 | | (iii) is subject to the provisions of Section 2 of | 21 | | the Interstate Agreements on Sexually Dangerous | 22 | | Persons Act. | 23 | | Convictions that result from or are connected with the | 24 | | same act, or result from offenses committed at the same | 25 | | time, shall be counted for the purpose of this Section as | 26 | | one conviction. Any conviction set aside pursuant to law |
| | | HB5556 | - 25 - | LRB103 38752 RLC 68889 b |
|
| 1 | | is not a conviction for purposes of this Section. | 2 | | (2) Except as otherwise provided in paragraph (2.5), | 3 | | "sex offense" means: | 4 | | (i) A violation of any of the following Sections | 5 | | of the Criminal Code of 1961 or the Criminal Code of | 6 | | 2012: 10-4 (forcible detention), 10-7 (aiding or | 7 | | abetting child abduction under Section 10-5(b)(10)), | 8 | | 10-5(b)(10) (child luring), 11-1.40 (predatory | 9 | | criminal sexual assault of a child), 11-6 (indecent | 10 | | solicitation of a child), 11-6.5 (indecent | 11 | | solicitation of an adult), 11-9.1 (sexual exploitation | 12 | | of a child), 11-9.2 (custodial sexual misconduct), | 13 | | 11-9.5 (sexual misconduct with a person with a | 14 | | disability), 11-11 (sexual relations within families), | 15 | | 11-14.3(a)(1) (promoting or facilitating prostitution | 16 | | by advancing prostitution), 11-14.3(a)(2)(A) | 17 | | (promoting or facilitating prostitution by profiting | 18 | | from prostitution by compelling a person to be a | 19 | | prostitute), 11-14.3(a)(2)(C) (promoting or | 20 | | facilitating prostitution by profiting from | 21 | | prostitution by means other than as described in | 22 | | subparagraphs (A) and (B) of paragraph (2) of | 23 | | subsection (a) of Section 11-14.3), 11-14.4 (promoting | 24 | | juvenile prostitution), 11-18.1 (patronizing a | 25 | | juvenile prostitute), 11-20.1 (child pornography), | 26 | | 11-20.1B (aggravated child pornography), 11-21 |
| | | HB5556 | - 26 - | LRB103 38752 RLC 68889 b |
|
| 1 | | (harmful material), 11-25 (grooming), 11-26 (traveling | 2 | | to meet a minor or traveling to meet a child), 12-33 | 3 | | (ritualized abuse of a child), 11-20 (obscenity) (when | 4 | | that offense was committed in any school, on real | 5 | | property comprising any school, in any conveyance | 6 | | owned, leased, or contracted by a school to transport | 7 | | students to or from school or a school related | 8 | | activity, or in a public park), 11-30 (public | 9 | | indecency) (when committed in a school, on real | 10 | | property comprising a school, in any conveyance owned, | 11 | | leased, or contracted by a school to transport | 12 | | students to or from school or a school related | 13 | | activity, or in a public park). An attempt to commit | 14 | | any of these offenses. | 15 | | (ii) A violation of any of the following Sections | 16 | | of the Criminal Code of 1961 or the Criminal Code of | 17 | | 2012, when the victim is a person under 18 years of | 18 | | age: 11-1.20 (criminal sexual assault), 11-1.30 | 19 | | (aggravated criminal sexual assault), 11-1.50 | 20 | | (criminal sexual abuse), 11-1.60 (aggravated criminal | 21 | | sexual abuse). An attempt to commit any of these | 22 | | offenses. | 23 | | (iii) A violation of any of the following Sections | 24 | | of the Criminal Code of 1961 or the Criminal Code of | 25 | | 2012, when the victim is a person under 18 years of age | 26 | | and the defendant is not a parent of the victim: |
| | | HB5556 | - 27 - | LRB103 38752 RLC 68889 b |
|
| 1 | | 10-1 (kidnapping), | 2 | | 10-2 (aggravated kidnapping), | 3 | | 10-3 (unlawful restraint), | 4 | | 10-3.1 (aggravated unlawful restraint), | 5 | | 11-9.1(A) (permitting sexual abuse of a child). | 6 | | An attempt to commit any of these offenses. | 7 | | (iv) A violation of any former law of this State | 8 | | substantially equivalent to any offense listed in | 9 | | clause (2)(i) or (2)(ii) of subsection (d) of this | 10 | | Section. | 11 | | (2.5) For the purposes of subsections (b-5) and (b-10) | 12 | | only, a sex offense means: | 13 | | (i) A violation of any of the following Sections | 14 | | of the Criminal Code of 1961 or the Criminal Code of | 15 | | 2012: | 16 | | 10-5(b)(10) (child luring), 10-7 (aiding or | 17 | | abetting child abduction under Section 10-5(b)(10)), | 18 | | 11-1.40 (predatory criminal sexual assault of a | 19 | | child), 11-6 (indecent solicitation of a child), | 20 | | 11-6.5 (indecent solicitation of an adult), 11-9.2 | 21 | | (custodial sexual misconduct), 11-9.5 (sexual | 22 | | misconduct with a person with a disability), 11-11 | 23 | | (sexual relations within families), 11-14.3(a)(1) | 24 | | (promoting or facilitating prostitution by advancing | 25 | | prostitution), 11-14.3(a)(2)(A) (promoting or | 26 | | facilitating prostitution by profiting from |
| | | HB5556 | - 28 - | LRB103 38752 RLC 68889 b |
|
| 1 | | prostitution by compelling a person to be a | 2 | | prostitute), 11-14.3(a)(2)(C) (promoting or | 3 | | facilitating prostitution by profiting from | 4 | | prostitution by means other than as described in | 5 | | subparagraphs (A) and (B) of paragraph (2) of | 6 | | subsection (a) of Section 11-14.3), 11-14.4 (promoting | 7 | | juvenile prostitution), 11-18.1 (patronizing a | 8 | | juvenile prostitute), 11-20.1 (child pornography), | 9 | | 11-20.1B (aggravated child pornography), 11-25 | 10 | | (grooming), 11-26 (traveling to meet a minor or | 11 | | traveling to meet a child), or 12-33 (ritualized abuse | 12 | | of a child). An attempt to commit any of these | 13 | | offenses. | 14 | | (ii) A violation of any of the following Sections | 15 | | of the Criminal Code of 1961 or the Criminal Code of | 16 | | 2012, when the victim is a person under 18 years of | 17 | | age: 11-1.20 (criminal sexual assault), 11-1.30 | 18 | | (aggravated criminal sexual assault), 11-1.60 | 19 | | (aggravated criminal sexual abuse), and subsection (a) | 20 | | of Section 11-1.50 (criminal sexual abuse). An attempt | 21 | | to commit any of these offenses. | 22 | | (iii) A violation of any of the following Sections | 23 | | of the Criminal Code of 1961 or the Criminal Code of | 24 | | 2012, when the victim is a person under 18 years of age | 25 | | and the defendant is not a parent of the victim: | 26 | | 10-1 (kidnapping), |
| | | HB5556 | - 29 - | LRB103 38752 RLC 68889 b |
|
| 1 | | 10-2 (aggravated kidnapping), | 2 | | 10-3 (unlawful restraint), | 3 | | 10-3.1 (aggravated unlawful restraint), | 4 | | 11-9.1(A) (permitting sexual abuse of a child). | 5 | | An attempt to commit any of these offenses. | 6 | | (iv) A violation of any former law of this State | 7 | | substantially equivalent to any offense listed in this | 8 | | paragraph (2.5) of this subsection. | 9 | | (3) A conviction for an offense of federal law or the | 10 | | law of another state that is substantially equivalent to | 11 | | any offense listed in paragraph (2) of subsection (d) of | 12 | | this Section shall constitute a conviction for the purpose | 13 | | of this Section. A finding or adjudication as a sexually | 14 | | dangerous person under any federal law or law of another | 15 | | state that is substantially equivalent to the Sexually | 16 | | Dangerous Persons Act shall constitute an adjudication for | 17 | | the purposes of this Section. | 18 | | (4) "Authorized emergency vehicle", "rescue vehicle", | 19 | | and "vehicle" have the meanings ascribed to them in | 20 | | Sections 1-105, 1-171.8 and 1-217, respectively, of the | 21 | | Illinois Vehicle Code. | 22 | | (5) "Child care institution" has the meaning ascribed | 23 | | to it in Section 2.06 of the Child Care Act of 1969. | 24 | | (6) "Day care center" has the meaning ascribed to it | 25 | | in Section 2.09 of the Child Care Act of 1969. | 26 | | (7) "Day care home" has the meaning ascribed to it in |
| | | HB5556 | - 30 - | LRB103 38752 RLC 68889 b |
|
| 1 | | Section 2.18 of the Child Care Act of 1969. | 2 | | (8) "Facility providing programs or services directed | 3 | | towards persons under the age of 18" means any facility | 4 | | providing programs or services exclusively directed | 5 | | towards persons under the age of 18. | 6 | | (9) "Group day care home" has the meaning ascribed to | 7 | | it in Section 2.20 of the Child Care Act of 1969. | 8 | | (10) "Internet" has the meaning set forth in Section | 9 | | 16-0.1 of this Code. | 10 | | (11) "Loiter" means: | 11 | | (i) Standing, sitting idly, whether or not the | 12 | | person is in a vehicle, or remaining in or around | 13 | | school or public park property. | 14 | | (ii) Standing, sitting idly, whether or not the | 15 | | person is in a vehicle, or remaining in or around | 16 | | school or public park property, for the purpose of | 17 | | committing or attempting to commit a sex offense. | 18 | | (iii) Entering or remaining in a building in or | 19 | | around school property, other than the offender's | 20 | | residence. | 21 | | (12) "Part day child care facility" has the meaning | 22 | | ascribed to it in Section 2.10 of the Child Care Act of | 23 | | 1969. | 24 | | (13) "Playground" means a piece of land owned or | 25 | | controlled by a unit of local government that is | 26 | | designated by the unit of local government for use solely |
| | | HB5556 | - 31 - | LRB103 38752 RLC 68889 b |
|
| 1 | | or primarily for children's recreation. | 2 | | (14) "Public park" includes a park, forest preserve, | 3 | | bikeway, trail, or conservation area under the | 4 | | jurisdiction of the State or a unit of local government. | 5 | | (15) "School" means a public or private preschool or | 6 | | elementary or secondary school. | 7 | | (16) "School official" means the principal, a teacher, | 8 | | or any other certified employee of the school, the | 9 | | superintendent of schools or a member of the school board. | 10 | | (e) For the purposes of this Section, the 500 feet | 11 | | distance shall be measured from: (1) the edge of the property | 12 | | of the school building or the real property comprising the | 13 | | school that is closest to the edge of the property of the child | 14 | | sex offender's residence or where he or she is loitering, and | 15 | | (2) the edge of the property comprising the public park | 16 | | building or the real property comprising the public park, | 17 | | playground, child care institution, day care center, part day | 18 | | child care facility, or facility providing programs or | 19 | | services exclusively directed toward persons under 18 years of | 20 | | age, or a victim of the sex offense who is under 21 years of | 21 | | age, to the edge of the child sex offender's place of residence | 22 | | or place where he or she is loitering. | 23 | | (f) Sentence. A person who violates this Section is guilty | 24 | | of a Class 4 felony. | 25 | | (Source: P.A. 102-997, eff. 1-1-23 .) |
| | | HB5556 | - 32 - | LRB103 38752 RLC 68889 b |
|
| 1 | | (720 ILCS 5/11-14.3) | 2 | | Sec. 11-14.3. Promoting or facilitating prostitution. | 3 | | (a) Any person who knowingly performs any of the following | 4 | | acts commits promoting or facilitating prostitution: | 5 | | (1) advances prostitution as defined in Section | 6 | | 11-0.1; | 7 | | (2) profits from prostitution by: | 8 | | (A) compelling a person to become a prostitute; | 9 | | (B) arranging or offering to arrange a situation | 10 | | in which a person may practice prostitution; or | 11 | | (C) any means other than those described in | 12 | | subparagraph (A) or (B), including from a person who | 13 | | patronizes a prostitute. This paragraph (C) does not | 14 | | apply to a person engaged in prostitution who is under | 15 | | 18 years of age. A person cannot be convicted of | 16 | | promoting or facilitating prostitution under this | 17 | | paragraph (C) if the practice of prostitution | 18 | | underlying the offense consists exclusively of the | 19 | | accused's own acts of prostitution under Section 11-14 | 20 | | of this Code ; | 21 | | (3) owns, manages, or operates an interactive computer | 22 | | service or conspires or attempts to do so, with the intent | 23 | | to promote or facilitate the prostitution of another | 24 | | person; or | 25 | | (4) owns, manages, or operates an interactive computer | 26 | | service or conspires or attempts to do so, with the intent |
| | | HB5556 | - 33 - | LRB103 38752 RLC 68889 b |
|
| 1 | | to promote or facilitate the prostitution of another | 2 | | person; and | 3 | | (A) promotes or facilitates the prostitution of 5 | 4 | | or more persons; or | 5 | | (B) acts in reckless disregard of the fact that | 6 | | such conduct contributed to sex trafficking, in | 7 | | violation of paragraph (2) or (4) of subsection (d) of | 8 | | Section 10-9 . | 9 | | (b) Sentence. | 10 | | (1) A violation of subdivision (a)(1) is a Class 4 | 11 | | felony, unless committed within 1,000 feet of real | 12 | | property comprising a school, in which case it is a Class 3 | 13 | | felony. A second or subsequent violation of subdivision | 14 | | (a)(1), or any combination of convictions under | 15 | | subdivision (a)(1), (a)(2)(A), or (a)(2)(B) and Section | 16 | | 11-14 (prostitution), 11-14.1 (solicitation of a sexual | 17 | | act), 11-14.4 (promoting juvenile prostitution), 11-15 | 18 | | (soliciting for a prostitute), 11-15.1 (soliciting for a | 19 | | juvenile prostitute), 11-16 (pandering), 11-17 (keeping a | 20 | | place of prostitution), 11-17.1 (keeping a place of | 21 | | juvenile prostitution), 11-18 (patronizing a prostitute), | 22 | | 11-18.1 (patronizing a juvenile prostitute), 11-19 | 23 | | (pimping), 11-19.1 (juvenile pimping or aggravated | 24 | | juvenile pimping), or 11-19.2 (exploitation of a child), | 25 | | is a Class 3 felony. | 26 | | (2) A violation of subdivision (a)(2)(A) or (a)(2)(B) |
| | | HB5556 | - 34 - | LRB103 38752 RLC 68889 b |
|
| 1 | | is a Class 4 felony, unless committed within 1,000 feet of | 2 | | real property comprising a school, in which case it is a | 3 | | Class 3 felony. | 4 | | (3) A violation of subdivision (a)(2)(C) is a Class 4 | 5 | | felony, unless committed within 1,000 feet of real | 6 | | property comprising a school, in which case it is a Class 3 | 7 | | felony. A second or subsequent violation of subdivision | 8 | | (a)(2)(C), or any combination of convictions under | 9 | | subdivision (a)(2)(C) and subdivision (a)(1), (a)(2)(A), | 10 | | or (a)(2)(B) of this Section (promoting or facilitating | 11 | | prostitution), 11-14 (prostitution), 11-14.1 | 12 | | (solicitation of a sexual act), 11-14.4 (promoting | 13 | | juvenile prostitution), 11-15 (soliciting for a | 14 | | prostitute), 11-15.1 (soliciting for a juvenile | 15 | | prostitute), 11-16 (pandering), 11-17 (keeping a place of | 16 | | prostitution), 11-17.1 (keeping a place of juvenile | 17 | | prostitution), 11-18 (patronizing a prostitute), 11-18.1 | 18 | | (patronizing a juvenile prostitute), 11-19 (pimping), | 19 | | 11-19.1 (juvenile pimping or aggravated juvenile pimping), | 20 | | or 11-19.2 (exploitation of a child), is a Class 3 felony. | 21 | | If the court imposes a fine under this subsection (b), it | 22 | | shall be collected and distributed to the Specialized Services | 23 | | for Survivors of Human Trafficking Fund in accordance with | 24 | | Section 5-9-1.21 of the Unified Code of Corrections. | 25 | | (c) In this Section, "interactive computer service" has | 26 | | the meaning ascribed to the term in 47 U.S.C. 230(f). |
| | | HB5556 | - 35 - | LRB103 38752 RLC 68889 b |
|
| 1 | | (Source: P.A. 98-1013, eff. 1-1-15 .) | 2 | | (720 ILCS 5/11-14.4) | 3 | | Sec. 11-14.4. Promoting juvenile prostitution. | 4 | | (a) Any person who knowingly performs any of the following | 5 | | acts commits promoting juvenile prostitution: | 6 | | (1) advances prostitution as defined in Section | 7 | | 11-0.1, where the minor engaged in prostitution, or any | 8 | | person engaged in prostitution in the place, is under 18 | 9 | | years of age or is a person with a severe or profound | 10 | | intellectual disability at the time of the offense; | 11 | | (2) profits from prostitution by any means where the | 12 | | prostituted person is under 18 years of age or is a person | 13 | | with a severe or profound intellectual disability at the | 14 | | time of the offense; | 15 | | (3) profits from prostitution by any means where the | 16 | | prostituted person is under 13 years of age at the time of | 17 | | the offense; | 18 | | (4) confines a child under the age of 18 or a person | 19 | | with a severe or profound intellectual disability against | 20 | | his or her will by the infliction or threat of imminent | 21 | | infliction of great bodily harm or permanent disability or | 22 | | disfigurement or by administering to the child or the | 23 | | person with a severe or profound intellectual disability, | 24 | | without his or her consent or by threat or deception and | 25 | | for other than medical purposes, any alcoholic intoxicant |
| | | HB5556 | - 36 - | LRB103 38752 RLC 68889 b |
|
| 1 | | or a drug as defined in the Illinois Controlled Substances | 2 | | Act or the Cannabis Control Act or methamphetamine as | 3 | | defined in the Methamphetamine Control and Community | 4 | | Protection Act and: | 5 | | (A) compels the child or the person with a severe | 6 | | or profound intellectual disability to engage in | 7 | | prostitution; | 8 | | (B) arranges a situation in which the child or the | 9 | | person with a severe or profound intellectual | 10 | | disability may practice prostitution; or | 11 | | (C) profits from prostitution by the child or the | 12 | | person with a severe or profound intellectual | 13 | | disability. | 14 | | (b) For purposes of this Section, administering drugs, as | 15 | | defined in subdivision (a)(4), or an alcoholic intoxicant to a | 16 | | child under the age of 13 or a person with a severe or profound | 17 | | intellectual disability shall be deemed to be without consent | 18 | | if the administering is done without the consent of the | 19 | | parents or legal guardian or if the administering is performed | 20 | | by the parents or legal guardian for other than medical | 21 | | purposes. | 22 | | (c) If the accused did not have a reasonable opportunity | 23 | | to observe the prostituted person, it is an affirmative | 24 | | defense to a charge of promoting juvenile prostitution, except | 25 | | for a charge under subdivision (a)(4), that the accused | 26 | | reasonably believed the person was of the age of 18 years or |
| | | HB5556 | - 37 - | LRB103 38752 RLC 68889 b |
|
| 1 | | over or was not a person with a severe or profound intellectual | 2 | | disability at the time of the act giving rise to the charge. | 3 | | (d) Sentence. A violation of subdivision (a)(1) is a Class | 4 | | 1 felony, unless committed within 1,000 feet of real property | 5 | | comprising a school, in which case it is a Class X felony. A | 6 | | violation of subdivision (a)(2) is a Class 1 felony. A | 7 | | violation of subdivision (a)(3) is a Class X felony. A | 8 | | violation of subdivision (a)(4) is a Class X felony, for which | 9 | | the person shall be sentenced to a term of imprisonment of not | 10 | | less than 6 years and not more than 60 years. A second or | 11 | | subsequent violation of subdivision (a)(1), (a)(2), or (a)(3), | 12 | | or any combination of convictions under subdivision (a)(1), | 13 | | (a)(2), or (a)(3) and Sections 11-14 (prostitution), 11-14.1 | 14 | | (solicitation of a sexual act), 11-14.3 (promoting or | 15 | | facilitating prostitution), 11-15 (soliciting for a | 16 | | prostitute), 11-15.1 (soliciting for a juvenile prostitute), | 17 | | 11-16 (pandering), 11-17 (keeping a place of prostitution), | 18 | | 11-17.1 (keeping a place of juvenile prostitution), 11-18 | 19 | | (patronizing a prostitute), 11-18.1 (patronizing a juvenile | 20 | | prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or | 21 | | aggravated juvenile pimping), or 11-19.2 (exploitation of a | 22 | | child) of this Code, is a Class X felony. | 23 | | (e) Forfeiture. Any person convicted of a violation of | 24 | | this Section that involves promoting juvenile prostitution by | 25 | | keeping a place of juvenile prostitution or convicted of a | 26 | | violation of subdivision (a)(4) is subject to the property |
| | | HB5556 | - 38 - | LRB103 38752 RLC 68889 b |
|
| 1 | | forfeiture provisions set forth in Article 124B of the Code of | 2 | | Criminal Procedure of 1963. | 3 | | (f) For the purposes of this Section, "prostituted person" | 4 | | means any person who engages in, or agrees or offers to engage | 5 | | in, any act of sexual penetration as defined in Section 11-0.1 | 6 | | of this Code for any money, property, token, object, or | 7 | | article or anything of value, or any touching or fondling of | 8 | | the sex organs of one person by another person, for any money, | 9 | | property, token, object, or article or anything of value, for | 10 | | the purpose of sexual arousal or gratification. | 11 | | (Source: P.A. 99-143, eff. 7-27-15.) | 12 | | (720 ILCS 5/11-18) (from Ch. 38, par. 11-18) | 13 | | Sec. 11-18. Patronizing a prostitute. | 14 | | (a) Any person who knowingly performs any of the following | 15 | | acts with a person not his or her spouse commits patronizing a | 16 | | prostitute: | 17 | | (1) Engages in an act of sexual penetration as defined | 18 | | in Section 11-0.1 of this Code with a prostitute; or | 19 | | (2) Enters or remains in a place of prostitution with | 20 | | intent to engage in an act of sexual penetration as | 21 | | defined in Section 11-0.1 of this Code; or | 22 | | (3) Engages in any touching or fondling with a | 23 | | prostitute of the sex organs of one person by the other | 24 | | person, with the intent to achieve sexual arousal or | 25 | | gratification. |
| | | HB5556 | - 39 - | LRB103 38752 RLC 68889 b |
|
| 1 | | (b) Sentence. | 2 | | Patronizing a prostitute is a Class 4 felony, unless | 3 | | committed within 1,000 feet of real property comprising a | 4 | | school, in which case it is a Class 3 felony. A person | 5 | | convicted of a second or subsequent violation of this Section, | 6 | | or of any combination of such number of convictions under this | 7 | | Section and Sections 11-14 (prostitution), 11-14.1 | 8 | | (solicitation of a sexual act), 11-14.3 (promoting or | 9 | | facilitating prostitution), 11-14.4 (promoting juvenile | 10 | | prostitution), 11-15 (soliciting for a prostitute), 11-15.1 | 11 | | (soliciting for a juvenile prostitute), 11-16 (pandering), | 12 | | 11-17 (keeping a place of prostitution), 11-17.1 (keeping a | 13 | | place of juvenile prostitution), 11-18.1 (patronizing a | 14 | | juvenile prostitute), 11-19 (pimping), 11-19.1 (juvenile | 15 | | pimping or aggravated juvenile pimping), or 11-19.2 | 16 | | (exploitation of a child) of this Code, is guilty of a Class 3 | 17 | | felony. If the court imposes a fine under this subsection (b), | 18 | | it shall be collected and distributed to the Specialized | 19 | | Services for Survivors of Human Trafficking Fund in accordance | 20 | | with Section 5-9-1.21 of the Unified Code of Corrections. | 21 | | (c) (Blank). | 22 | | (Source: P.A. 98-1013, eff. 1-1-15 .) | 23 | | (720 ILCS 5/11-18.1) (from Ch. 38, par. 11-18.1) | 24 | | Sec. 11-18.1. Patronizing a minor engaged in prostitution. | 25 | | (a) Any person who engages in an act of sexual penetration |
| | | HB5556 | - 40 - | LRB103 38752 RLC 68889 b |
|
| 1 | | as defined in Section 11-0.1 of this Code with a person engaged | 2 | | in prostitution who is under 18 years of age or is a person | 3 | | with a severe or profound intellectual disability commits | 4 | | patronizing a minor engaged in prostitution. | 5 | | (a-5) Any person who engages in any touching or fondling, | 6 | | with a person engaged in prostitution who either is under 18 | 7 | | years of age or is a person with a severe or profound | 8 | | intellectual disability, of the sex organs of one person by | 9 | | the other person, with the intent to achieve sexual arousal or | 10 | | gratification, commits patronizing a minor engaged in | 11 | | prostitution. | 12 | | (b) It is an affirmative defense to the charge of | 13 | | patronizing a minor engaged in prostitution that the accused | 14 | | reasonably believed that the person was of the age of 18 years | 15 | | or over or was not a person with a severe or profound | 16 | | intellectual disability at the time of the act giving rise to | 17 | | the charge. | 18 | | (c) Sentence. A person who commits patronizing a juvenile | 19 | | prostitute is guilty of a Class 3 felony, unless committed | 20 | | within 1,000 feet of real property comprising a school, in | 21 | | which case it is a Class 2 felony. A person convicted of a | 22 | | second or subsequent violation of this Section, or of any | 23 | | combination of such number of convictions under this Section | 24 | | and Sections 11-14 (prostitution), 11-14.1 (solicitation of a | 25 | | sexual act), 11-14.3 (promoting or facilitating prostitution), | 26 | | 11-14.4 (promoting juvenile prostitution), 11-15 (soliciting |
| | | HB5556 | - 41 - | LRB103 38752 RLC 68889 b |
|
| 1 | | for a prostitute), 11-15.1 (soliciting for a juvenile | 2 | | prostitute), 11-16 (pandering), 11-17 (keeping a place of | 3 | | prostitution), 11-17.1 (keeping a place of juvenile | 4 | | prostitution), 11-18 (patronizing a prostitute), 11-19 | 5 | | (pimping), 11-19.1 (juvenile pimping or aggravated juvenile | 6 | | pimping), or 11-19.2 (exploitation of a child) of this Code, | 7 | | is guilty of a Class 2 felony. The fact of such conviction is | 8 | | not an element of the offense and may not be disclosed to the | 9 | | jury during trial unless otherwise permitted by issues | 10 | | properly raised during such trial. | 11 | | (Source: P.A. 99-143, eff. 7-27-15.) | 12 | | (720 ILCS 5/33G-3) | 13 | | (Section scheduled to be repealed on June 1, 2025) | 14 | | Sec. 33G-3. Definitions. As used in this Article: | 15 | | (a) "Another state" means any State of the United States | 16 | | (other than the State of Illinois), or the District of | 17 | | Columbia, or the Commonwealth of Puerto Rico, or any territory | 18 | | or possession of the United States, or any political | 19 | | subdivision, or any department, agency, or instrumentality | 20 | | thereof. | 21 | | (b) "Enterprise" includes: | 22 | | (1) any partnership, corporation, association, | 23 | | business or charitable trust, or other legal entity; and | 24 | | (2) any group of individuals or other legal entities, | 25 | | or any combination thereof, associated in fact although |
| | | HB5556 | - 42 - | LRB103 38752 RLC 68889 b |
|
| 1 | | not itself a legal entity. An association in fact must be | 2 | | held together by a common purpose of engaging in a course | 3 | | of conduct, and it may be associated together for purposes | 4 | | that are both legal and illegal. An association in fact | 5 | | must: | 6 | | (A) have an ongoing organization or structure, | 7 | | either formal or informal; | 8 | | (B) the various members of the group must function | 9 | | as a continuing unit, even if the group changes | 10 | | membership by gaining or losing members over time; and | 11 | | (C) have an ascertainable structure distinct from | 12 | | that inherent in the conduct of a pattern of predicate | 13 | | activity. | 14 | | As used in this Article, "enterprise" includes licit and | 15 | | illicit enterprises. | 16 | | (c) "Labor organization" includes any organization, labor | 17 | | union, craft union, or any voluntary unincorporated | 18 | | association designed to further the cause of the rights of | 19 | | union labor that is constituted for the purpose, in whole or in | 20 | | part, of collective bargaining or of dealing with employers | 21 | | concerning grievances, terms or conditions of employment, or | 22 | | apprenticeships or applications for apprenticeships, or of | 23 | | other mutual aid or protection in connection with employment, | 24 | | including apprenticeships or applications for apprenticeships. | 25 | | (d) "Operation or management" means directing or carrying | 26 | | out the enterprise's affairs and is limited to any person who |
| | | HB5556 | - 43 - | LRB103 38752 RLC 68889 b |
|
| 1 | | knowingly serves as a leader, organizer, operator, manager, | 2 | | director, supervisor, financier, advisor, recruiter, supplier, | 3 | | or enforcer of an enterprise in violation of this Article. | 4 | | (e) "Predicate activity" means any act that is a Class 2 | 5 | | felony or higher and constitutes a violation or violations of | 6 | | any of the following provisions of the laws of the State of | 7 | | Illinois (as amended or revised as of the date the activity | 8 | | occurred or, in the instance of a continuing offense, the date | 9 | | that charges under this Article are filed in a particular | 10 | | matter in the State of Illinois) or any act under the law of | 11 | | another jurisdiction for an offense that could be charged as a | 12 | | Class 2 felony or higher in this State: | 13 | | (1) under the Criminal Code of 1961 or the Criminal | 14 | | Code of 2012: 8-1.2 (solicitation of murder for hire), 9-1 | 15 | | (first degree murder), 9-3.3 (drug-induced homicide), 10-1 | 16 | | (kidnapping), 10-2 (aggravated kidnapping), 10-3.1 | 17 | | (aggravated unlawful restraint), 10-4 (forcible | 18 | | detention), 10-5(b)(10) (child abduction), 10-9 | 19 | | (trafficking in persons, involuntary servitude, and | 20 | | related offenses), 11-1.20 (criminal sexual assault), | 21 | | 11-1.30 (aggravated criminal sexual assault), 11-1.40 | 22 | | (predatory criminal sexual assault of a child), 11-1.60 | 23 | | (aggravated criminal sexual abuse), 11-6 (indecent | 24 | | solicitation of a child), 11-6.5 (indecent solicitation of | 25 | | an adult), 11-14.3(a)(2)(A) and (a)(2)(B) (promoting or | 26 | | facilitating prostitution), 11-14.4 (promoting juvenile |
| | | HB5556 | - 44 - | LRB103 38752 RLC 68889 b |
|
| 1 | | prostitution), 11-18.1 (patronizing a minor engaged in | 2 | | prostitution; patronizing a juvenile prostitute), 12-3.05 | 3 | | (aggravated battery), 12-6.4 (criminal street gang | 4 | | recruitment), 12-6.5 (compelling organization membership | 5 | | of persons), 12-7.3 (stalking), 12-7.4 (aggravated | 6 | | stalking), 12-7.5 (cyberstalking), 12-11 or 19-6 (home | 7 | | invasion), 12-11.1 or 18-6 (vehicular invasion), 18-1 | 8 | | (robbery; aggravated robbery), 18-2 (armed robbery), 18-3 | 9 | | (vehicular hijacking), 18-4 (aggravated vehicular | 10 | | hijacking), 18-5 (aggravated robbery), 19-1 (burglary), | 11 | | 19-3 (residential burglary), 20-1 (arson; residential | 12 | | arson; place of worship arson), 20-1.1 (aggravated arson), | 13 | | 20-1.2 (residential arson), 20-1.3 (place of worship | 14 | | arson), 24-1.2 (aggravated discharge of a firearm), | 15 | | 24-1.2-5 (aggravated discharge of a machine gun or | 16 | | silencer equipped firearm), 24-1.8 (unlawful possession of | 17 | | a firearm by a street gang member), 24-3.2 (unlawful | 18 | | discharge of firearm projectiles), 24-3.9 (aggravated | 19 | | possession of a stolen firearm), 24-3A (gunrunning), 26-5 | 20 | | or 48-1 (dog-fighting), 29D-14.9 (terrorism), 29D-15 | 21 | | (soliciting support for terrorism), 29D-15.1 (causing a | 22 | | catastrophe), 29D-15.2 (possession of a deadly substance), | 23 | | 29D-20 (making a terrorist threat), 29D-25 (falsely making | 24 | | a terrorist threat), 29D-29.9 (material support for | 25 | | terrorism), 29D-35 (hindering prosecution of terrorism), | 26 | | 31A-1.2 (unauthorized contraband in a penal institution), |
| | | HB5556 | - 45 - | LRB103 38752 RLC 68889 b |
|
| 1 | | or 33A-3 (armed violence); | 2 | | (2) under the Cannabis Control Act: Sections 5 | 3 | | (manufacture or delivery of cannabis), 5.1 (cannabis | 4 | | trafficking), or 8 (production or possession of cannabis | 5 | | plants), provided the offense either involves more than | 6 | | 500 grams of any substance containing cannabis or involves | 7 | | more than 50 cannabis sativa plants; | 8 | | (3) under the Illinois Controlled Substances Act: | 9 | | Sections 401 (manufacture or delivery of a controlled | 10 | | substance), 401.1 (controlled substance trafficking), 405 | 11 | | (calculated criminal drug conspiracy), or 405.2 (street | 12 | | gang criminal drug conspiracy); or | 13 | | (4) under the Methamphetamine Control and Community | 14 | | Protection Act: Sections 15 (methamphetamine | 15 | | manufacturing), or 55 (methamphetamine delivery). | 16 | | (f) "Pattern of predicate activity" means: | 17 | | (1) at least 3 occurrences of predicate activity that | 18 | | are in some way related to each other and that have | 19 | | continuity between them, and that are separate acts. Acts | 20 | | are related to each other if they are not isolated events, | 21 | | including if they have similar purposes, or results, or | 22 | | participants, or victims, or are committed a similar way, | 23 | | or have other similar distinguishing characteristics, or | 24 | | are part of the affairs of the same enterprise. There is | 25 | | continuity between acts if they are ongoing over a | 26 | | substantial period, or if they are part of the regular way |
| | | HB5556 | - 46 - | LRB103 38752 RLC 68889 b |
|
| 1 | | some entity does business or conducts its affairs; and | 2 | | (2) which occurs after the effective date of this | 3 | | Article, and the last of which falls within 3 years | 4 | | (excluding any period of imprisonment) after the first | 5 | | occurrence of predicate activity. | 6 | | (g) "Unlawful death" includes the following offenses: | 7 | | under the Code of 1961 or the Criminal Code of 2012: Sections | 8 | | 9-1 (first degree murder) or 9-2 (second degree murder). | 9 | | (Source: P.A. 97-686, eff. 6-11-12; 97-1150, eff. 1-25-13 .) | 10 | | Section 15. The Code of Criminal Procedure of 1963 is | 11 | | amended by changing Sections 108B-3 and 124B-300 as follows: | 12 | | (725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3) | 13 | | Sec. 108B-3. Authorization for the interception of private | 14 | | communication. | 15 | | (a) The State's Attorney, or a person designated in | 16 | | writing or by law to act for him and to perform his duties | 17 | | during his absence or disability, may authorize, in writing, | 18 | | an ex parte application to the chief judge of a court of | 19 | | competent jurisdiction for an order authorizing the | 20 | | interception of a private communication when no party has | 21 | | consented to the interception and (i) the interception may | 22 | | provide evidence of, or may assist in the apprehension of a | 23 | | person who has committed, is committing or is about to commit, | 24 | | a violation of Section 8-1(b) (solicitation of murder), 8-1.2 |
| | | HB5556 | - 47 - | LRB103 38752 RLC 68889 b |
|
| 1 | | (solicitation of murder for hire), 9-1 (first degree murder), | 2 | | 10-9 (involuntary servitude, involuntary sexual servitude of a | 3 | | minor, or trafficking in persons), paragraph (1), (2), or (3) | 4 | | of subsection (a) of Section 11-14.4 (promoting juvenile | 5 | | prostitution), subdivision (a)(2)(A) or (a)(2)(B) of Section | 6 | | 11-14.3 (promoting or facilitating prostitution), 11-15.1 | 7 | | (soliciting for a minor engaged in prostitution), 11-16 | 8 | | (pandering), 11-17.1 (keeping a place of juvenile | 9 | | prostitution), 11-18.1 (patronizing a minor engaged in | 10 | | prostitution), 11-19.1 (juvenile pimping and aggravated | 11 | | juvenile pimping), or 29B-1 (money laundering) of the Criminal | 12 | | Code of 1961 or the Criminal Code of 2012, Section 401, 401.1 | 13 | | (controlled substance trafficking), 405, 405.1 (criminal drug | 14 | | conspiracy) or 407 of the Illinois Controlled Substances Act | 15 | | or any Section of the Methamphetamine Control and Community | 16 | | Protection Act, a violation of Section 24-2.1, 24-2.2, 24-3, | 17 | | 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection | 18 | | 24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), | 19 | | or 24-1(c) of the Criminal Code of 1961 or the Criminal Code of | 20 | | 2012 or conspiracy to commit money laundering or conspiracy to | 21 | | commit first degree murder; (ii) in response to a clear and | 22 | | present danger of imminent death or great bodily harm to | 23 | | persons resulting from: (1) a kidnapping or the holding of a | 24 | | hostage by force or the threat of the imminent use of force; or | 25 | | (2) the occupation by force or the threat of the imminent use | 26 | | of force of any premises, place, vehicle, vessel or aircraft; |
| | | HB5556 | - 48 - | LRB103 38752 RLC 68889 b |
|
| 1 | | (iii) to aid an investigation or prosecution of a civil action | 2 | | brought under the Illinois Streetgang Terrorism Omnibus | 3 | | Prevention Act when there is probable cause to believe the | 4 | | interception of the private communication will provide | 5 | | evidence that a streetgang is committing, has committed, or | 6 | | will commit a second or subsequent gang-related offense or | 7 | | that the interception of the private communication will aid in | 8 | | the collection of a judgment entered under that Act; or (iv) | 9 | | upon information and belief that a streetgang has committed, | 10 | | is committing, or is about to commit a felony. | 11 | | (b) The State's Attorney or a person designated in writing | 12 | | or by law to act for the State's Attorney and to perform his or | 13 | | her duties during his or her absence or disability, may | 14 | | authorize, in writing, an ex parte application to the chief | 15 | | judge of a circuit court for an order authorizing the | 16 | | interception of a private communication when no party has | 17 | | consented to the interception and the interception may provide | 18 | | evidence of, or may assist in the apprehension of a person who | 19 | | has committed, is committing or is about to commit, a | 20 | | violation of an offense under Article 29D of the Criminal Code | 21 | | of 1961 or the Criminal Code of 2012. | 22 | | (b-1) Subsection (b) is inoperative on and after January | 23 | | 1, 2005. | 24 | | (b-2) No conversations recorded or monitored pursuant to | 25 | | subsection (b) shall be made inadmissible in a court of law by | 26 | | virtue of subsection (b-1). |
| | | HB5556 | - 49 - | LRB103 38752 RLC 68889 b |
|
| 1 | | (c) As used in this Section, "streetgang" and | 2 | | "gang-related" have the meanings ascribed to them in Section | 3 | | 10 of the Illinois Streetgang Terrorism Omnibus Prevention | 4 | | Act. | 5 | | (Source: P.A. 96-710, eff. 1-1-10; 96-1464, eff. 8-20-10; | 6 | | 97-897, eff. 1-1-13; 97-1150, eff. 1-25-13.) | 7 | | (725 ILCS 5/124B-300) | 8 | | Sec. 124B-300. Persons and property subject to forfeiture. | 9 | | A person who commits the offense of involuntary servitude, | 10 | | involuntary servitude of a minor, or trafficking of persons | 11 | | under Section 10A-10 or Section 10-9 of the Criminal Code of | 12 | | 1961 or the Criminal Code of 2012, promoting juvenile | 13 | | prostitution, keeping a place of juvenile prostitution, or | 14 | | promoting or facilitating prostitution that involves keeping a | 15 | | place of prostitution under subsection (a)(1) or (a)(4) of | 16 | | Section 11-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2 | 17 | | of the Criminal Code of 1961 or of the Criminal Code of 2012 | 18 | | shall forfeit to the State of Illinois any profits or proceeds | 19 | | and any property he or she has acquired or maintained in | 20 | | violation of Section 10A-10 or Section 10-9 of the Criminal | 21 | | Code of 1961 or the Criminal Code of 2012, promoting juvenile | 22 | | prostitution, keeping a place of juvenile prostitution, or | 23 | | promoting or facilitating prostitution that involves keeping a | 24 | | place of prostitution under subsection (a)(1) or (a)(4) of | 25 | | Section 11-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2 |
| | | HB5556 | - 50 - | LRB103 38752 RLC 68889 b |
|
| 1 | | of the Criminal Code of 1961 or of the Criminal Code of 2012 | 2 | | that the sentencing court determines, after a forfeiture | 3 | | hearing under this Article, to have been acquired or | 4 | | maintained as a result of maintaining a person in involuntary | 5 | | servitude or participating in trafficking of persons. | 6 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-1013, eff. 1-1-15 .) | 7 | | Section 20. The Trafficking Victims Protection Act is | 8 | | amended by changing Section 10 as follows: | 9 | | (740 ILCS 128/10) | 10 | | Sec. 10. Definitions. As used in this Act: | 11 | | "Human trafficking" means a violation or attempted | 12 | | violation of subsection (d) of Section 10-9 of the Criminal | 13 | | Code of 2012. | 14 | | "Involuntary servitude" means a violation or attempted | 15 | | violation of subsection (b) of Section 10-9 of the Criminal | 16 | | Code of 2012. | 17 | | "Sex trade" means a violation or attempted violation of | 18 | | any of the following Sections of the Criminal Code of 1961 or | 19 | | the Criminal Code of 2012: 11-14.3 (promoting or facilitating | 20 | | prostitution); 11-14.4 (promoting juvenile prostitution); | 21 | | 11-15 (soliciting for a prostitute); 11-15.1 (soliciting for a | 22 | | juvenile prostitute); 11-16 (pandering); 11-17 (keeping a | 23 | | place of prostitution); 11-17.1 (keeping a place of juvenile | 24 | | prostitution); 11-19 (pimping); 11-19.1 (juvenile pimping and |
| | | HB5556 | - 51 - | LRB103 38752 RLC 68889 b |
|
| 1 | | aggravated juvenile pimping); 11-19.2 (exploitation of a | 2 | | child); 11-20 (obscenity); 11-20.1 (child pornography); | 3 | | 11-20.1B or 11-20.3 (aggravated child pornography); or | 4 | | subsection (c) of Section 10-9 (involuntary sexual servitude | 5 | | of a minor). | 6 | | "Sex trade" activity may involve adults and youth of all | 7 | | genders and sexual orientations. | 8 | | "Victim of the sex trade" means, for the following sex | 9 | | trade acts, the person or persons indicated: | 10 | | (1) soliciting for a prostitute: the prostitute who is | 11 | | the object of the solicitation; | 12 | | (2) soliciting for a juvenile prostitute: the juvenile | 13 | | prostitute, or person with a severe or profound | 14 | | intellectual disability, who is the object of the | 15 | | solicitation; | 16 | | (3) promoting or facilitating prostitution as | 17 | | described in subdivision (a)(2)(A) or (a)(2)(B) of Section | 18 | | 11-14.3 of the Criminal Code of 1961 or the Criminal Code | 19 | | of 2012, or pandering: the person intended or compelled to | 20 | | act as a prostitute; | 21 | | (4) keeping a place of prostitution: any person | 22 | | intended or compelled to act as a prostitute, while | 23 | | present at the place, during the time period in question; | 24 | | (5) keeping a place of juvenile prostitution: any | 25 | | juvenile intended or compelled to act as a prostitute, | 26 | | while present at the place, during the time period in |
| | | HB5556 | - 52 - | LRB103 38752 RLC 68889 b |
|
| 1 | | question; | 2 | | (6) promoting or facilitating prostitution as | 3 | | described in subdivision (a)(2)(C) of Section 11-14.3 of | 4 | | the Criminal Code of 1961 or the Criminal Code of 2012, or | 5 | | pimping: the prostitute from whom anything of value is | 6 | | received; | 7 | | (7) promoting juvenile prostitution as described in | 8 | | subdivision (a)(2) or (a)(3) of Section 11-14.4 of the | 9 | | Criminal Code of 1961 or the Criminal Code of 2012, or | 10 | | juvenile pimping and aggravated juvenile pimping: the | 11 | | juvenile, or person with a severe or profound intellectual | 12 | | disability, from whom anything of value is received for | 13 | | that person's act of prostitution; | 14 | | (8) promoting juvenile prostitution as described in | 15 | | subdivision (a)(4) of Section 11-14.4 of the Criminal Code | 16 | | of 1961 or the Criminal Code of 2012, or exploitation of a | 17 | | child: the juvenile, or person with a severe or profound | 18 | | intellectual disability, intended or compelled to act as a | 19 | | prostitute or from whom anything of value is received for | 20 | | that person's act of prostitution; | 21 | | (9) obscenity: any person who appears in or is | 22 | | described or depicted in the offending conduct or | 23 | | material; | 24 | | (10) child pornography or aggravated child | 25 | | pornography: any child, or person with a severe or | 26 | | profound intellectual disability, who appears in or is |
| | | HB5556 | - 53 - | LRB103 38752 RLC 68889 b |
|
| 1 | | described or depicted in the offending conduct or | 2 | | material; or | 3 | | (11) involuntary sexual servitude of a minor as | 4 | | defined in subsection (c) of Section 10-9 of the Criminal | 5 | | Code of 1961 or the Criminal Code of 2012. | 6 | | (Source: P.A. 99-143, eff. 7-27-15; 100-939, eff. 1-1-19 .) | | | | HB5556 | - 54 - | LRB103 38752 RLC 68889 b |
|
| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 235 ILCS 5/6-2 | from Ch. 43, par. 120 | | 4 | | 720 ILCS 5/10-9 | | | 5 | | 720 ILCS 5/11-9.3 | | | 6 | | 720 ILCS 5/11-14.3 | | | 7 | | 720 ILCS 5/11-14.4 | | | 8 | | 720 ILCS 5/11-18 | from Ch. 38, par. 11-18 | | 9 | | 720 ILCS 5/11-18.1 | from Ch. 38, par. 11-18.1 | | 10 | | 720 ILCS 5/33G-3 | | | 11 | | 725 ILCS 5/108B-3 | from Ch. 38, par. 108B-3 | | 12 | | 725 ILCS 5/124B-300 | | | 13 | | 740 ILCS 128/10 | |
| |
|