HB5278ham001 97TH GENERAL ASSEMBLY

Rep. Kelly M. Cassidy

Filed: 3/7/2012

 

 


 

 


 
09700HB5278ham001LRB097 18978 RLC 66428 a

1
AMENDMENT TO HOUSE BILL 5278

2    AMENDMENT NO. ______. Amend House Bill 5278 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Abused and Neglected Child Reporting Act is
5amended by changing Section 3 as follows:
 
6    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
7    Sec. 3. As used in this Act unless the context otherwise
8requires:
9    "Adult resident" means any person between 18 and 22 years
10of age who resides in any facility licensed by the Department
11under the Child Care Act of 1969. For purposes of this Act, the
12criteria set forth in the definitions of "abused child" and
13"neglected child" shall be used in determining whether an adult
14resident is abused or neglected.
15    "Child" means any person under the age of 18 years, unless
16legally emancipated by reason of marriage or entry into a

 

 

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1branch of the United States armed services.
2    "Department" means Department of Children and Family
3Services.
4    "Local law enforcement agency" means the police of a city,
5town, village or other incorporated area or the sheriff of an
6unincorporated area or any sworn officer of the Illinois
7Department of State Police.
8    "Abused child" means a child whose parent or immediate
9family member, or any person responsible for the child's
10welfare, or any individual residing in the same home as the
11child, or a paramour of the child's parent:
12        (a) inflicts, causes to be inflicted, or allows to be
13    inflicted upon such child physical injury, by other than
14    accidental means, which causes death, disfigurement,
15    impairment of physical or emotional health, or loss or
16    impairment of any bodily function;
17        (b) creates a substantial risk of physical injury to
18    such child by other than accidental means which would be
19    likely to cause death, disfigurement, impairment of
20    physical or emotional health, or loss or impairment of any
21    bodily function;
22        (c) commits or allows to be committed any sex offense
23    against such child, as such sex offenses are defined in the
24    Criminal Code of 1961, as amended, or in the Wrongs to
25    Children Act, and extending those definitions of sex
26    offenses to include children under 18 years of age;

 

 

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1        (d) commits or allows to be committed an act or acts of
2    torture upon such child;
3        (e) inflicts excessive corporal punishment;
4        (f) commits or allows to be committed the offense of
5    female genital mutilation, as defined in Section 12-34 of
6    the Criminal Code of 1961, against the child;
7        (g) causes to be sold, transferred, distributed, or
8    given to such child under 18 years of age, a controlled
9    substance as defined in Section 102 of the Illinois
10    Controlled Substances Act in violation of Article IV of the
11    Illinois Controlled Substances Act or in violation of the
12    Methamphetamine Control and Community Protection Act,
13    except for controlled substances that are prescribed in
14    accordance with Article III of the Illinois Controlled
15    Substances Act and are dispensed to such child in a manner
16    that substantially complies with the prescription; or
17        (h) commits or allows to be committed the offense of
18    involuntary servitude, involuntary sexual servitude of a
19    minor, trafficking in persons, or trafficking in persons
20    for forced labor or services as defined in Section 10-9 of
21    the Criminal Code of 1961 against the child.
22    A child shall not be considered abused for the sole reason
23that the child has been relinquished in accordance with the
24Abandoned Newborn Infant Protection Act.
25    "Neglected child" means any child who is not receiving the
26proper or necessary nourishment or medically indicated

 

 

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1treatment including food or care not provided solely on the
2basis of the present or anticipated mental or physical
3impairment as determined by a physician acting alone or in
4consultation with other physicians or otherwise is not
5receiving the proper or necessary support or medical or other
6remedial care recognized under State law as necessary for a
7child's well-being, or other care necessary for his or her
8well-being, including adequate food, clothing and shelter; or
9who is abandoned by his or her parents or other person
10responsible for the child's welfare without a proper plan of
11care; or who has been provided with interim crisis intervention
12services under Section 3-5 of the Juvenile Court Act of 1987
13and whose parent, guardian, or custodian refuses to permit the
14child to return home and no other living arrangement agreeable
15to the parent, guardian, or custodian can be made, and the
16parent, guardian, or custodian has not made any other
17appropriate living arrangement for the child; or who is a
18newborn infant whose blood, urine, or meconium contains any
19amount of a controlled substance as defined in subsection (f)
20of Section 102 of the Illinois Controlled Substances Act or a
21metabolite thereof, with the exception of a controlled
22substance or metabolite thereof whose presence in the newborn
23infant is the result of medical treatment administered to the
24mother or the newborn infant. A child shall not be considered
25neglected for the sole reason that the child's parent or other
26person responsible for his or her welfare has left the child in

 

 

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1the care of an adult relative for any period of time. A child
2shall not be considered neglected for the sole reason that the
3child has been relinquished in accordance with the Abandoned
4Newborn Infant Protection Act. A child shall not be considered
5neglected or abused for the sole reason that such child's
6parent or other person responsible for his or her welfare
7depends upon spiritual means through prayer alone for the
8treatment or cure of disease or remedial care as provided under
9Section 4 of this Act. A child shall not be considered
10neglected or abused solely because the child is not attending
11school in accordance with the requirements of Article 26 of The
12School Code, as amended.
13    "Child Protective Service Unit" means certain specialized
14State employees of the Department assigned by the Director to
15perform the duties and responsibilities as provided under
16Section 7.2 of this Act.
17    "Person responsible for the child's welfare" means the
18child's parent; guardian; foster parent; relative caregiver;
19any person responsible for the child's welfare in a public or
20private residential agency or institution; any person
21responsible for the child's welfare within a public or private
22profit or not for profit child care facility; or any other
23person responsible for the child's welfare at the time of the
24alleged abuse or neglect, or any person who came to know the
25child through an official capacity or position of trust,
26including but not limited to health care professionals,

 

 

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1educational personnel, recreational supervisors, members of
2the clergy, and volunteers or support personnel in any setting
3where children may be subject to abuse or neglect.
4    "Temporary protective custody" means custody within a
5hospital or other medical facility or a place previously
6designated for such custody by the Department, subject to
7review by the Court, including a licensed foster home, group
8home, or other institution; but such place shall not be a jail
9or other place for the detention of criminal or juvenile
10offenders.
11    "An unfounded report" means any report made under this Act
12for which it is determined after an investigation that no
13credible evidence of abuse or neglect exists.
14    "An indicated report" means a report made under this Act if
15an investigation determines that credible evidence of the
16alleged abuse or neglect exists.
17    "An undetermined report" means any report made under this
18Act in which it was not possible to initiate or complete an
19investigation on the basis of information provided to the
20Department.
21    "Subject of report" means any child reported to the central
22register of child abuse and neglect established under Section
237.7 of this Act as an alleged victim of child abuse or neglect
24and the parent or guardian of the alleged victim or other
25person responsible for the alleged victim's welfare who is
26named in the report or added to the report as an alleged

 

 

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1perpetrator of child abuse or neglect.
2    "Perpetrator" means a person who, as a result of
3investigation, has been determined by the Department to have
4caused child abuse or neglect.
5    "Member of the clergy" means a clergyman or practitioner of
6any religious denomination accredited by the religious body to
7which he or she belongs.
8(Source: P.A. 96-1196, eff. 1-1-11; 96-1446, eff. 8-20-10;
996-1464, eff. 8-20-10; 97-333, eff. 8-12-11.)
 
10    Section 10. The Juvenile Court Act of 1987 is amended by
11changing Sections 2-3 and 2-18 as follows:
 
12    (705 ILCS 405/2-3)  (from Ch. 37, par. 802-3)
13    Sec. 2-3. Neglected or abused minor.
14    (1) Those who are neglected include:
15        (a) any minor under 18 years of age who is not
16    receiving the proper or necessary support, education as
17    required by law, or medical or other remedial care
18    recognized under State law as necessary for a minor's
19    well-being, or other care necessary for his or her
20    well-being, including adequate food, clothing and shelter,
21    or who is abandoned by his or her parent or parents or
22    other person or persons responsible for the minor's
23    welfare, except that a minor shall not be considered
24    neglected for the sole reason that the minor's parent or

 

 

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1    parents or other person or persons responsible for the
2    minor's welfare have left the minor in the care of an adult
3    relative for any period of time, who the parent or parents
4    or other person responsible for the minor's welfare know is
5    both a mentally capable adult relative and physically
6    capable adult relative, as defined by this Act; or
7        (b) any minor under 18 years of age whose environment
8    is injurious to his or her welfare; or
9        (c) any newborn infant whose blood, urine, or meconium
10    contains any amount of a controlled substance as defined in
11    subsection (f) of Section 102 of the Illinois Controlled
12    Substances Act, as now or hereafter amended, or a
13    metabolite of a controlled substance, with the exception of
14    controlled substances or metabolites of such substances,
15    the presence of which in the newborn infant is the result
16    of medical treatment administered to the mother or the
17    newborn infant; or
18        (d) any minor under the age of 14 years whose parent or
19    other person responsible for the minor's welfare leaves the
20    minor without supervision for an unreasonable period of
21    time without regard for the mental or physical health,
22    safety, or welfare of that minor; or
23        (e) any minor who has been provided with interim crisis
24    intervention services under Section 3-5 of this Act and
25    whose parent, guardian, or custodian refuses to permit the
26    minor to return home unless the minor is an immediate

 

 

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1    physical danger to himself, herself, or others living in
2    the home.
3    Whether the minor was left without regard for the mental or
4physical health, safety, or welfare of that minor or the period
5of time was unreasonable shall be determined by considering the
6following factors, including but not limited to:
7        (1) the age of the minor;
8        (2) the number of minors left at the location;
9        (3) special needs of the minor, including whether the
10    minor is physically or mentally handicapped, or otherwise
11    in need of ongoing prescribed medical treatment such as
12    periodic doses of insulin or other medications;
13        (4) the duration of time in which the minor was left
14    without supervision;
15        (5) the condition and location of the place where the
16    minor was left without supervision;
17        (6) the time of day or night when the minor was left
18    without supervision;
19        (7) the weather conditions, including whether the
20    minor was left in a location with adequate protection from
21    the natural elements such as adequate heat or light;
22        (8) the location of the parent or guardian at the time
23    the minor was left without supervision, the physical
24    distance the minor was from the parent or guardian at the
25    time the minor was without supervision;
26        (9) whether the minor's movement was restricted, or the

 

 

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1    minor was otherwise locked within a room or other
2    structure;
3        (10) whether the minor was given a phone number of a
4    person or location to call in the event of an emergency and
5    whether the minor was capable of making an emergency call;
6        (11) whether there was food and other provision left
7    for the minor;
8        (12) whether any of the conduct is attributable to
9    economic hardship or illness and the parent, guardian or
10    other person having physical custody or control of the
11    child made a good faith effort to provide for the health
12    and safety of the minor;
13        (13) the age and physical and mental capabilities of
14    the person or persons who provided supervision for the
15    minor;
16        (14) whether the minor was left under the supervision
17    of another person;
18        (15) any other factor that would endanger the health
19    and safety of that particular minor.
20    A minor shall not be considered neglected for the sole
21reason that the minor has been relinquished in accordance with
22the Abandoned Newborn Infant Protection Act.
23    (2) Those who are abused include any minor under 18 years
24of age whose parent or immediate family member, or any person
25responsible for the minor's welfare, or any person who is in
26the same family or household as the minor, or any individual

 

 

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1residing in the same home as the minor, or a paramour of the
2minor's parent:
3        (i) inflicts, causes to be inflicted, or allows to be
4    inflicted upon such minor physical injury, by other than
5    accidental means, which causes death, disfigurement,
6    impairment of physical or emotional health, or loss or
7    impairment of any bodily function;
8        (ii) creates a substantial risk of physical injury to
9    such minor by other than accidental means which would be
10    likely to cause death, disfigurement, impairment of
11    emotional health, or loss or impairment of any bodily
12    function;
13        (iii) commits or allows to be committed any sex offense
14    against such minor, as such sex offenses are defined in the
15    Criminal Code of 1961, as amended, or in the Wrongs to
16    Children Act, and extending those definitions of sex
17    offenses to include minors under 18 years of age;
18        (iv) commits or allows to be committed an act or acts
19    of torture upon such minor;
20        (v) inflicts excessive corporal punishment;
21        (vi) commits or allows to be committed the offense of
22    involuntary servitude, involuntary sexual servitude of a
23    minor, trafficking in persons, or trafficking in persons
24    for forced labor or services defined in Section 10-9 of the
25    Criminal Code of 1961, upon such minor; or
26        (vii) allows, encourages or requires a minor to commit

 

 

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1    any act of prostitution, as defined in the Criminal Code of
2    1961, and extending those definitions to include minors
3    under 18 years of age.
4    A minor shall not be considered abused for the sole reason
5that the minor has been relinquished in accordance with the
6Abandoned Newborn Infant Protection Act.
7    (3) This Section does not apply to a minor who would be
8included herein solely for the purpose of qualifying for
9financial assistance for himself, his parents, guardian or
10custodian.
11(Source: P.A. 95-443, eff. 1-1-08; 96-168, eff. 8-10-09;
1296-1464, eff. 8-20-10.)
 
13    (705 ILCS 405/2-18)  (from Ch. 37, par. 802-18)
14    Sec. 2-18. Evidence.
15    (1) At the adjudicatory hearing, the court shall first
16consider only the question whether the minor is abused,
17neglected or dependent. The standard of proof and the rules of
18evidence in the nature of civil proceedings in this State are
19applicable to proceedings under this Article. If the petition
20also seeks the appointment of a guardian of the person with
21power to consent to adoption of the minor under Section 2-29,
22the court may also consider legally admissible evidence at the
23adjudicatory hearing that one or more grounds of unfitness
24exists under subdivision D of Section 1 of the Adoption Act.
25    (2) In any hearing under this Act, the following shall

 

 

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1constitute prima facie evidence of abuse or neglect, as the
2case may be:
3        (a) proof that a minor has a medical diagnosis of
4    battered child syndrome is prima facie evidence of abuse;
5        (b) proof that a minor has a medical diagnosis of
6    failure to thrive syndrome is prima facie evidence of
7    neglect;
8        (c) proof that a minor has a medical diagnosis of fetal
9    alcohol syndrome is prima facie evidence of neglect;
10        (d) proof that a minor has a medical diagnosis at birth
11    of withdrawal symptoms from narcotics or barbiturates is
12    prima facie evidence of neglect;
13        (e) proof of injuries sustained by a minor or of the
14    condition of a minor of such a nature as would ordinarily
15    not be sustained or exist except by reason of the acts or
16    omissions of the parent, custodian or guardian of such
17    minor shall be prima facie evidence of abuse or neglect, as
18    the case may be;
19        (f) proof that a parent, custodian or guardian of a
20    minor repeatedly used a drug, to the extent that it has or
21    would ordinarily have the effect of producing in the user a
22    substantial state of stupor, unconsciousness,
23    intoxication, hallucination, disorientation or
24    incompetence, or a substantial impairment of judgment, or a
25    substantial manifestation of irrationality, shall be prima
26    facie evidence of neglect;

 

 

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

 

 

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1    of value, or any touching or fondling of the sex organs of
2    one person by another person, for any money, property,
3    token, object, or article or anything of value, for the
4    purpose of sexual arousal or gratification, constitutes
5    prima facie evidence of abuse and neglect;
6        (k) proof that a parent, custodian, or guardian of a
7    minor commits or allows to be committed the offense of
8    involuntary servitude, involuntary sexual servitude of a
9    minor, trafficking in persons, or trafficking in persons
10    for forced labor or services defined in Section 10-9 of the
11    Criminal Code of 1961, upon such minor, constitutes prima
12    facie evidence of abuse and neglect.
13    (3) In any hearing under this Act, proof of the abuse,
14neglect or dependency of one minor shall be admissible evidence
15on the issue of the abuse, neglect or dependency of any other
16minor for whom the respondent is responsible.
17    (4) (a) Any writing, record, photograph or x-ray of any
18hospital or public or private agency, whether in the form of an
19entry in a book or otherwise, made as a memorandum or record of
20any condition, act, transaction, occurrence or event relating
21to a minor in an abuse, neglect or dependency proceeding, shall
22be admissible in evidence as proof of that condition, act,
23transaction, occurrence or event, if the court finds that the
24document was made in the regular course of the business of the
25hospital or agency and that it was in the regular course of
26such business to make it, at the time of the act, transaction,

 

 

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1occurrence or event, or within a reasonable time thereafter. A
2certification by the head or responsible employee of the
3hospital or agency that the writing, record, photograph or
4x-ray is the full and complete record of the condition, act,
5transaction, occurrence or event and that it satisfies the
6conditions of this paragraph shall be prima facie evidence of
7the facts contained in such certification. A certification by
8someone other than the head of the hospital or agency shall be
9accompanied by a photocopy of a delegation of authority signed
10by both the head of the hospital or agency and by such other
11employee. All other circumstances of the making of the
12memorandum, record, photograph or x-ray, including lack of
13personal knowledge of the maker, may be proved to affect the
14weight to be accorded such evidence, but shall not affect its
15admissibility.
16    (b) Any indicated report filed pursuant to the Abused and
17Neglected Child Reporting Act shall be admissible in evidence.
18    (c) Previous statements made by the minor relating to any
19allegations of abuse or neglect shall be admissible in
20evidence. However, no such statement, if uncorroborated and not
21subject to cross-examination, shall be sufficient in itself to
22support a finding of abuse or neglect.
23    (d) There shall be a rebuttable presumption that a minor is
24competent to testify in abuse or neglect proceedings. The court
25shall determine how much weight to give to the minor's
26testimony, and may allow the minor to testify in chambers with

 

 

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1only the court, the court reporter and attorneys for the
2parties present.
3    (e) The privileged character of communication between any
4professional person and patient or client, except privilege
5between attorney and client, shall not apply to proceedings
6subject to this Article.
7    (f) Proof of the impairment of emotional health or
8impairment of mental or emotional condition as a result of the
9failure of the respondent to exercise a minimum degree of care
10toward a minor may include competent opinion or expert
11testimony, and may include proof that such impairment lessened
12during a period when the minor was in the care, custody or
13supervision of a person or agency other than the respondent.
14    (5) In any hearing under this Act alleging neglect for
15failure to provide education as required by law under
16subsection (1) of Section 2-3, proof that a minor under 13
17years of age who is subject to compulsory school attendance
18under the School Code is a chronic truant as defined under the
19School Code shall be prima facie evidence of neglect by the
20parent or guardian in any hearing under this Act and proof that
21a minor who is 13 years of age or older who is subject to
22compulsory school attendance under the School Code is a chronic
23truant shall raise a rebuttable presumption of neglect by the
24parent or guardian. This subsection (5) shall not apply in
25counties with 2,000,000 or more inhabitants.
26    (6) In any hearing under this Act, the court may take

 

 

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1judicial notice of prior sworn testimony or evidence admitted
2in prior proceedings involving the same minor if (a) the
3parties were either represented by counsel at such prior
4proceedings or the right to counsel was knowingly waived and
5(b) the taking of judicial notice would not result in admitting
6hearsay evidence at a hearing where it would otherwise be
7prohibited.
8(Source: P.A. 96-1464, eff. 8-20-10.)
 
9    Section 15. The Criminal Code of 1961 is amended by
10changing Sections 3-6, 10-9, 14-3, and 36.5-5 as follows:
 
11    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
12    Sec. 3-6. Extended limitations. The period within which a
13prosecution must be commenced under the provisions of Section
143-5 or other applicable statute is extended under the following
15conditions:
16    (a) A prosecution for theft involving a breach of a
17fiduciary obligation to the aggrieved person may be commenced
18as follows:
19        (1) If the aggrieved person is a minor or a person
20    under legal disability, then during the minority or legal
21    disability or within one year after the termination
22    thereof.
23        (2) In any other instance, within one year after the
24    discovery of the offense by an aggrieved person, or by a

 

 

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1    person who has legal capacity to represent an aggrieved
2    person or has a legal duty to report the offense, and is
3    not himself or herself a party to the offense; or in the
4    absence of such discovery, within one year after the proper
5    prosecuting officer becomes aware of the offense. However,
6    in no such case is the period of limitation so extended
7    more than 3 years beyond the expiration of the period
8    otherwise applicable.
9    (b) A prosecution for any offense based upon misconduct in
10office by a public officer or employee may be commenced within
11one year after discovery of the offense by a person having a
12legal duty to report such offense, or in the absence of such
13discovery, within one year after the proper prosecuting officer
14becomes aware of the offense. However, in no such case is the
15period of limitation so extended more than 3 years beyond the
16expiration of the period otherwise applicable.
17    (b-5) When the victim is under 18 years of age at the time
18of the offense, a prosecution for involuntary servitude,
19involuntary sexual servitude of a minor, or trafficking in
20persons and related offenses under Section 10-9 of this Code
21may be commenced within one year of the victim attaining the
22age of 18 years. However, in no such case shall the time period
23for prosecution expire sooner than 3 years after the commission
24of the offense.
25    (c) (Blank).
26    (d) A prosecution for child pornography, aggravated child

 

 

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1pornography, indecent solicitation of a child, soliciting for a
2juvenile prostitute, juvenile pimping, exploitation of a
3child, or promoting juvenile prostitution except for keeping a
4place of juvenile prostitution may be commenced within one year
5of the victim attaining the age of 18 years. However, in no
6such case shall the time period for prosecution expire sooner
7than 3 years after the commission of the offense. When the
8victim is under 18 years of age, a prosecution for criminal
9sexual abuse may be commenced within one year of the victim
10attaining the age of 18 years. However, in no such case shall
11the time period for prosecution expire sooner than 3 years
12after the commission of the offense.
13    (e) Except as otherwise provided in subdivision (j), a
14prosecution for any offense involving sexual conduct or sexual
15penetration, as defined in Section 11-0.1 of this Code, where
16the defendant was within a professional or fiduciary
17relationship or a purported professional or fiduciary
18relationship with the victim at the time of the commission of
19the offense may be commenced within one year after the
20discovery of the offense by the victim.
21    (f) A prosecution for any offense set forth in Section 44
22of the "Environmental Protection Act", approved June 29, 1970,
23as amended, may be commenced within 5 years after the discovery
24of such an offense by a person or agency having the legal duty
25to report the offense or in the absence of such discovery,
26within 5 years after the proper prosecuting officer becomes

 

 

09700HB5278ham001- 21 -LRB097 18978 RLC 66428 a

1aware of the offense.
2    (f-5) A prosecution for any offense set forth in Section
316-30 of this Code may be commenced within 5 years after the
4discovery of the offense by the victim of that offense.
5    (g) (Blank).
6    (h) (Blank).
7    (i) Except as otherwise provided in subdivision (j), a
8prosecution for criminal sexual assault, aggravated criminal
9sexual assault, or aggravated criminal sexual abuse may be
10commenced within 10 years of the commission of the offense if
11the victim reported the offense to law enforcement authorities
12within 3 years after the commission of the offense.
13    Nothing in this subdivision (i) shall be construed to
14shorten a period within which a prosecution must be commenced
15under any other provision of this Section.
16    (j) When the victim is under 18 years of age at the time of
17the offense, a prosecution for criminal sexual assault,
18aggravated criminal sexual assault, predatory criminal sexual
19assault of a child, aggravated criminal sexual abuse, or felony
20criminal sexual abuse, or a prosecution for failure of a person
21who is required to report an alleged or suspected commission of
22any of these offenses under the Abused and Neglected Child
23Reporting Act may be commenced within 20 years after the child
24victim attains 18 years of age. When the victim is under 18
25years of age at the time of the offense, a prosecution for
26misdemeanor criminal sexual abuse may be commenced within 10

 

 

09700HB5278ham001- 22 -LRB097 18978 RLC 66428 a

1years after the child victim attains 18 years of age.
2    Nothing in this subdivision (j) shall be construed to
3shorten a period within which a prosecution must be commenced
4under any other provision of this Section.
5    (k) A prosecution for theft involving real property
6exceeding $100,000 in value under Section 16-1, identity theft
7under subsection (a) of Section 16-30, aggravated identity
8theft under subsection (b) of Section 16-30, or any offense set
9forth in Article 16H or Section 17-10.6 may be commenced within
107 years of the last act committed in furtherance of the crime.
11(Source: P.A. 96-233, eff. 1-1-10; 96-1551, Article 2, Section
121035, eff. 7-1-11; 96-1551, Article 10, Section 10-140, eff.
137-1-11; 97-597, eff. 1-1-12.)
 
14    (720 ILCS 5/10-9)
15    Sec. 10-9. Trafficking in persons, involuntary servitude,
16and related offenses.
17    (a) Definitions. In this Section:
18        (1) "Intimidation" has the meaning prescribed in
19    Section 12-6.
20        (2) "Commercial sexual activity" means any sex act on
21    account of which anything of value is given, promised to,
22    or received by any person.
23        (3) "Financial harm" includes intimidation that brings
24    about financial loss, criminal usury, or employment
25    contracts that violate the Frauds Act.

 

 

09700HB5278ham001- 23 -LRB097 18978 RLC 66428 a

1        (4) (Blank). "Forced labor or services" means labor or
2    services that are performed or provided by another person
3    and are obtained or maintained through:
4            (A) any scheme, plan, or pattern intending to cause
5        or threatening to cause serious harm to any person;
6            (B) an actor's physically restraining or
7        threatening to physically restrain another person;
8            (C) an actor's abusing or threatening to abuse the
9        law or legal process;
10            (D) an actor's knowingly destroying, concealing,
11        removing, confiscating, or possessing any actual or
12        purported passport or other immigration document, or
13        any other actual or purported government
14        identification document, of another person;
15            (E) an actor's blackmail; or
16            (F) an actor's causing or threatening to cause
17        financial harm to or exerting financial control over
18        any person.
19        (5) "Labor" means work of economic or financial value.
20        (6) "Maintain" means, in relation to labor or services,
21    to secure continued performance thereof, regardless of any
22    initial agreement on the part of the victim to perform that
23    type of service.
24        (7) "Obtain" means, in relation to labor or services,
25    to secure performance thereof.
26        (7.5) "Serious harm" means any harm, whether physical

 

 

09700HB5278ham001- 24 -LRB097 18978 RLC 66428 a

1    or nonphysical, including psychological, financial, or
2    reputational harm, that is sufficiently serious, under all
3    the surrounding circumstances, to compel a reasonable
4    person of the same background and in the same circumstances
5    to perform or to continue performing labor or services in
6    order to avoid incurring that harm.
7        (8) "Services" means activities resulting from a
8    relationship between a person and the actor in which the
9    person performs activities under the supervision of or for
10    the benefit of the actor. Commercial sexual activity and
11    sexually-explicit performances are forms of activities
12    that are "services" under this Section. Nothing in this
13    definition may be construed to legitimize or legalize
14    prostitution.
15        (9) "Sexually-explicit performance" means a live,
16    recorded, broadcast (including over the Internet), or
17    public act or show intended to arouse or satisfy the sexual
18    desires or appeal to the prurient interests of patrons.
19        (10) "Trafficking victim" means a person subjected to
20    the practices set forth in subsection (b), (c), or (d).
21    (b) Involuntary servitude. A person commits the offense of
22involuntary servitude when he or she knowingly subjects,
23attempts to subject, or engages in a conspiracy to subject
24another person to forced labor or services obtained or
25maintained through any of the following means, or any
26combination of these means and:

 

 

09700HB5278ham001- 25 -LRB097 18978 RLC 66428 a

1        (1) causes or threatens to cause physical harm to any
2    person;
3        (2) physically restrains or threatens to physically
4    restrain another person;
5        (3) abuses or threatens to abuse the law or legal
6    process;
7        (4) knowingly destroys, conceals, removes,
8    confiscates, or possesses any actual or purported passport
9    or other immigration document, or any other actual or
10    purported government identification document, of another
11    person; or
12        (5) uses intimidation, or uses or threatens to cause
13    financial harm to or exerts financial control over any
14    person; or .
15        (6) uses any scheme, plan, or pattern intended to cause
16    the person to believe that, if the person did not perform
17    the labor or services, that person or another person would
18    suffer serious harm or physical restraint.
19    Sentence. Except as otherwise provided in subsection (e) or
20(f), a violation of subsection (b)(1) is a Class X felony,
21(b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
22is a Class 3 felony, and (b)(5) and (b)(6) is a Class 4 felony.
23    (c) Involuntary sexual servitude of a minor. A person
24commits the offense of involuntary sexual servitude of a minor
25when he or she knowingly recruits, entices, harbors,
26transports, provides, or obtains by any means, or attempts to

 

 

09700HB5278ham001- 26 -LRB097 18978 RLC 66428 a

1recruit, entice, harbor, provide, or obtain by any means,
2another person under 18 years of age, knowing that the minor
3will engage in commercial sexual activity, a sexually-explicit
4performance, or the production of pornography, or causes or
5attempts to cause a minor to engage in one or more of those
6activities and:
7        (1) there is no overt force or threat and the minor is
8    between the ages of 17 and 18 years;
9        (2) there is no overt force or threat and the minor is
10    under the age of 17 years; or
11        (3) there is overt force or threat.
12    Sentence. Except as otherwise provided in subsection (e) or
13(f), a violation of subsection (c)(1) is a Class 1 felony,
14(c)(2) is a Class X felony, and (c)(3) is a Class X felony.
15    (d) Trafficking in persons for forced labor or services. A
16person commits the offense of trafficking in persons for forced
17labor or services when he or she knowingly: (1) recruits,
18entices, harbors, transports, provides, or obtains by any
19means, or attempts to recruit, entice, harbor, transport,
20provide, or obtain by any means, another person, intending or
21knowing that the person will be subjected to involuntary
22servitude forced labor or services; or (2) benefits,
23financially or by receiving anything of value, from
24participation in a venture that has engaged in an act of
25involuntary servitude or involuntary sexual servitude of a
26minor.

 

 

09700HB5278ham001- 27 -LRB097 18978 RLC 66428 a

1    Sentence. Except as otherwise provided in subsection (e) or
2(f), a violation of this subsection is a Class 1 felony.
3    (e) Aggravating factors. A violation of this Section
4involving kidnapping or an attempt to kidnap, aggravated
5criminal sexual assault or an attempt to commit aggravated
6criminal sexual assault, or an attempt to commit first degree
7murder is a Class X felony.
8    (f) Sentencing considerations.
9        (1) Bodily injury. If, pursuant to a violation of this
10    Section, a victim suffered bodily injury, the defendant may
11    be sentenced to an extended-term sentence under Section
12    5-8-2 of the Unified Code of Corrections. The sentencing
13    court must take into account the time in which the victim
14    was held in servitude, with increased penalties for cases
15    in which the victim was held for between 180 days and one
16    year, and increased penalties for cases in which the victim
17    was held for more than one year.
18        (2) Number of victims. In determining sentences within
19    statutory maximums, the sentencing court should take into
20    account the number of victims, and may provide for
21    substantially increased sentences in cases involving more
22    than 10 victims.
23    (g) Restitution. Restitution is mandatory under this
24Section. In addition to any other amount of loss identified,
25the court shall order restitution including the greater of (1)
26the gross income or value to the defendant of the victim's

 

 

09700HB5278ham001- 28 -LRB097 18978 RLC 66428 a

1labor or services or (2) the value of the victim's labor as
2guaranteed under the Minimum Wage Law and overtime provisions
3of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
4whichever is greater.
5    (h) Trafficking victim services. Subject to the
6availability of funds, the Department of Human Services may
7provide or fund emergency services and assistance to
8individuals who are victims of one or more offenses defined in
9this Section.
10    (i) Certification. The Attorney General, a State's
11Attorney, or any law enforcement official shall certify in
12writing to the United States Department of Justice or other
13federal agency, such as the United States Department of
14Homeland Security, that an investigation or prosecution under
15this Section has begun and the individual who is a likely
16victim of a crime described in this Section is willing to
17cooperate or is cooperating with the investigation to enable
18the individual, if eligible under federal law, to qualify for
19an appropriate special immigrant visa and to access available
20federal benefits. Cooperation with law enforcement shall not be
21required of victims of a crime described in this Section who
22are under 18 years of age. This certification shall be made
23available to the victim and his or her designated legal
24representative.
25    (j) A person who commits the offense of involuntary
26servitude, involuntary sexual servitude of a minor, or

 

 

09700HB5278ham001- 29 -LRB097 18978 RLC 66428 a

1trafficking in persons for forced labor or services under
2subsection (b), (c), or (d) of this Section is subject to the
3property forfeiture provisions set forth in Article 124B of the
4Code of Criminal Procedure of 1963.
5(Source: P.A. 96-710, eff. 1-1-10; incorporates 96-712, eff.
61-1-10; 96-1000, eff. 7-2-10.)
 
7    (720 ILCS 5/14-3)
8    Sec. 14-3. Exemptions. The following activities shall be
9exempt from the provisions of this Article:
10    (a) Listening to radio, wireless and television
11communications of any sort where the same are publicly made;
12    (b) Hearing conversation when heard by employees of any
13common carrier by wire incidental to the normal course of their
14employment in the operation, maintenance or repair of the
15equipment of such common carrier by wire so long as no
16information obtained thereby is used or divulged by the hearer;
17    (c) Any broadcast by radio, television or otherwise whether
18it be a broadcast or recorded for the purpose of later
19broadcasts of any function where the public is in attendance
20and the conversations are overheard incidental to the main
21purpose for which such broadcasts are then being made;
22    (d) Recording or listening with the aid of any device to
23any emergency communication made in the normal course of
24operations by any federal, state or local law enforcement
25agency or institutions dealing in emergency services,

 

 

09700HB5278ham001- 30 -LRB097 18978 RLC 66428 a

1including, but not limited to, hospitals, clinics, ambulance
2services, fire fighting agencies, any public utility,
3emergency repair facility, civilian defense establishment or
4military installation;
5    (e) Recording the proceedings of any meeting required to be
6open by the Open Meetings Act, as amended;
7    (f) Recording or listening with the aid of any device to
8incoming telephone calls of phone lines publicly listed or
9advertised as consumer "hotlines" by manufacturers or
10retailers of food and drug products. Such recordings must be
11destroyed, erased or turned over to local law enforcement
12authorities within 24 hours from the time of such recording and
13shall not be otherwise disseminated. Failure on the part of the
14individual or business operating any such recording or
15listening device to comply with the requirements of this
16subsection shall eliminate any civil or criminal immunity
17conferred upon that individual or business by the operation of
18this Section;
19    (g) With prior notification to the State's Attorney of the
20county in which it is to occur, recording or listening with the
21aid of any device to any conversation where a law enforcement
22officer, or any person acting at the direction of law
23enforcement, is a party to the conversation and has consented
24to it being intercepted or recorded under circumstances where
25the use of the device is necessary for the protection of the
26law enforcement officer or any person acting at the direction

 

 

09700HB5278ham001- 31 -LRB097 18978 RLC 66428 a

1of law enforcement, in the course of an investigation of a
2forcible felony, a felony offense of involuntary servitude,
3involuntary sexual servitude of a minor, trafficking in
4persons, or trafficking in persons for forced labor or services
5under Section 10-9 of this Code, an offense involving
6prostitution, solicitation of a sexual act, or pandering, a
7felony violation of the Illinois Controlled Substances Act, a
8felony violation of the Cannabis Control Act, a felony
9violation of the Methamphetamine Control and Community
10Protection Act, any "streetgang related" or "gang-related"
11felony as those terms are defined in the Illinois Streetgang
12Terrorism Omnibus Prevention Act, or any felony offense
13involving any weapon listed in paragraphs (1) through (11) of
14subsection (a) of Section 24-1 of this Code. Any recording or
15evidence derived as the result of this exemption shall be
16inadmissible in any proceeding, criminal, civil or
17administrative, except (i) where a party to the conversation
18suffers great bodily injury or is killed during such
19conversation, or (ii) when used as direct impeachment of a
20witness concerning matters contained in the interception or
21recording. The Director of the Department of State Police shall
22issue regulations as are necessary concerning the use of
23devices, retention of tape recordings, and reports regarding
24their use;
25    (g-5) With approval of the State's Attorney of the county
26in which it is to occur, recording or listening with the aid of

 

 

09700HB5278ham001- 32 -LRB097 18978 RLC 66428 a

1any device to any conversation where a law enforcement officer,
2or any person acting at the direction of law enforcement, is a
3party to the conversation and has consented to it being
4intercepted or recorded in the course of an investigation of
5any offense defined in Article 29D of this Code. In all such
6cases, an application for an order approving the previous or
7continuing use of an eavesdropping device must be made within
848 hours of the commencement of such use. In the absence of
9such an order, or upon its denial, any continuing use shall
10immediately terminate. The Director of State Police shall issue
11rules as are necessary concerning the use of devices, retention
12of tape recordings, and reports regarding their use.
13    Any recording or evidence obtained or derived in the course
14of an investigation of any offense defined in Article 29D of
15this Code shall, upon motion of the State's Attorney or
16Attorney General prosecuting any violation of Article 29D, be
17reviewed in camera with notice to all parties present by the
18court presiding over the criminal case, and, if ruled by the
19court to be relevant and otherwise admissible, it shall be
20admissible at the trial of the criminal case.
21    This subsection (g-5) is inoperative on and after January
221, 2005. No conversations recorded or monitored pursuant to
23this subsection (g-5) shall be inadmissible in a court of law
24by virtue of the repeal of this subsection (g-5) on January 1,
252005;
26    (g-6) With approval of the State's Attorney of the county

 

 

09700HB5278ham001- 33 -LRB097 18978 RLC 66428 a

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

 

 

09700HB5278ham001- 34 -LRB097 18978 RLC 66428 a

1course of an investigation of involuntary servitude,
2involuntary sexual servitude of a minor, trafficking in
3persons, trafficking in persons for forced labor or services,
4child pornography, aggravated child pornography, indecent
5solicitation of a child, child abduction, luring of a minor,
6sexual exploitation of a child, predatory criminal sexual
7assault of a child, aggravated criminal sexual abuse in which
8the victim of the offense was at the time of the commission of
9the offense under 18 years of age, criminal sexual abuse by
10force or threat of force in which the victim of the offense was
11at the time of the commission of the offense under 18 years of
12age, or aggravated criminal sexual assault in which the victim
13of the offense was at the time of the commission of the offense
14under 18 years of age shall, upon motion of the State's
15Attorney or Attorney General prosecuting any case involving
16involuntary servitude, involuntary sexual servitude of a
17minor, trafficking in persons, trafficking in persons for
18forced labor or services, child pornography, aggravated child
19pornography, indecent solicitation of a child, child
20abduction, luring of a minor, sexual exploitation of a child,
21predatory criminal sexual assault of a child, aggravated
22criminal sexual abuse in which the victim of the offense was at
23the time of the commission of the offense under 18 years of
24age, criminal sexual abuse by force or threat of force in which
25the victim of the offense was at the time of the commission of
26the offense under 18 years of age, or aggravated criminal

 

 

09700HB5278ham001- 35 -LRB097 18978 RLC 66428 a

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

 

 

09700HB5278ham001- 36 -LRB097 18978 RLC 66428 a

1recordings made simultaneously with the use of an in-car video
2camera and (ii) recordings made in the presence of the peace
3officer utilizing video or audio systems, or both, authorized
4by the law enforcement agency;
5    (h-10) Recordings made simultaneously with a video camera
6recording during the use of a taser or similar weapon or device
7by a peace officer if the weapon or device is equipped with
8such camera;
9    (h-15) Recordings made under subsection (h), (h-5), or
10(h-10) shall be retained by the law enforcement agency that
11employs the peace officer who made the recordings for a storage
12period of 90 days, unless the recordings are made as a part of
13an arrest or the recordings are deemed evidence in any
14criminal, civil, or administrative proceeding and then the
15recordings must only be destroyed upon a final disposition and
16an order from the court. Under no circumstances shall any
17recording be altered or erased prior to the expiration of the
18designated storage period. Upon completion of the storage
19period, the recording medium may be erased and reissued for
20operational use;
21    (i) Recording of a conversation made by or at the request
22of a person, not a law enforcement officer or agent of a law
23enforcement officer, who is a party to the conversation, under
24reasonable suspicion that another party to the conversation is
25committing, is about to commit, or has committed a criminal
26offense against the person or a member of his or her immediate

 

 

09700HB5278ham001- 37 -LRB097 18978 RLC 66428 a

1household, and there is reason to believe that evidence of the
2criminal offense may be obtained by the recording;
3    (j) The use of a telephone monitoring device by either (1)
4a corporation or other business entity engaged in marketing or
5opinion research or (2) a corporation or other business entity
6engaged in telephone solicitation, as defined in this
7subsection, to record or listen to oral telephone solicitation
8conversations or marketing or opinion research conversations
9by an employee of the corporation or other business entity
10when:
11        (i) the monitoring is used for the purpose of service
12    quality control of marketing or opinion research or
13    telephone solicitation, the education or training of
14    employees or contractors engaged in marketing or opinion
15    research or telephone solicitation, or internal research
16    related to marketing or opinion research or telephone
17    solicitation; and
18        (ii) the monitoring is used with the consent of at
19    least one person who is an active party to the marketing or
20    opinion research conversation or telephone solicitation
21    conversation being monitored.
22    No communication or conversation or any part, portion, or
23aspect of the communication or conversation made, acquired, or
24obtained, directly or indirectly, under this exemption (j), may
25be, directly or indirectly, furnished to any law enforcement
26officer, agency, or official for any purpose or used in any

 

 

09700HB5278ham001- 38 -LRB097 18978 RLC 66428 a

1inquiry or investigation, or used, directly or indirectly, in
2any administrative, judicial, or other proceeding, or divulged
3to any third party.
4    When recording or listening authorized by this subsection
5(j) on telephone lines used for marketing or opinion research
6or telephone solicitation purposes results in recording or
7listening to a conversation that does not relate to marketing
8or opinion research or telephone solicitation; the person
9recording or listening shall, immediately upon determining
10that the conversation does not relate to marketing or opinion
11research or telephone solicitation, terminate the recording or
12listening and destroy any such recording as soon as is
13practicable.
14    Business entities that use a telephone monitoring or
15telephone recording system pursuant to this exemption (j) shall
16provide current and prospective employees with notice that the
17monitoring or recordings may occur during the course of their
18employment. The notice shall include prominent signage
19notification within the workplace.
20    Business entities that use a telephone monitoring or
21telephone recording system pursuant to this exemption (j) shall
22provide their employees or agents with access to personal-only
23telephone lines which may be pay telephones, that are not
24subject to telephone monitoring or telephone recording.
25    For the purposes of this subsection (j), "telephone
26solicitation" means a communication through the use of a

 

 

09700HB5278ham001- 39 -LRB097 18978 RLC 66428 a

1telephone by live operators:
2        (i) soliciting the sale of goods or services;
3        (ii) receiving orders for the sale of goods or
4    services;
5        (iii) assisting in the use of goods or services; or
6        (iv) engaging in the solicitation, administration, or
7    collection of bank or retail credit accounts.
8    For the purposes of this subsection (j), "marketing or
9opinion research" means a marketing or opinion research
10interview conducted by a live telephone interviewer engaged by
11a corporation or other business entity whose principal business
12is the design, conduct, and analysis of polls and surveys
13measuring the opinions, attitudes, and responses of
14respondents toward products and services, or social or
15political issues, or both;
16    (k) Electronic recordings, including but not limited to, a
17motion picture, videotape, digital, or other visual or audio
18recording, made of a custodial interrogation of an individual
19at a police station or other place of detention by a law
20enforcement officer under Section 5-401.5 of the Juvenile Court
21Act of 1987 or Section 103-2.1 of the Code of Criminal
22Procedure of 1963;
23    (l) Recording the interview or statement of any person when
24the person knows that the interview is being conducted by a law
25enforcement officer or prosecutor and the interview takes place
26at a police station that is currently participating in the

 

 

09700HB5278ham001- 40 -LRB097 18978 RLC 66428 a

1Custodial Interview Pilot Program established under the
2Illinois Criminal Justice Information Act;
3    (m) An electronic recording, including but not limited to,
4a motion picture, videotape, digital, or other visual or audio
5recording, made of the interior of a school bus while the
6school bus is being used in the transportation of students to
7and from school and school-sponsored activities, when the
8school board has adopted a policy authorizing such recording,
9notice of such recording policy is included in student
10handbooks and other documents including the policies of the
11school, notice of the policy regarding recording is provided to
12parents of students, and notice of such recording is clearly
13posted on the door of and inside the school bus.
14    Recordings made pursuant to this subsection (m) shall be
15confidential records and may only be used by school officials
16(or their designees) and law enforcement personnel for
17investigations, school disciplinary actions and hearings,
18proceedings under the Juvenile Court Act of 1987, and criminal
19prosecutions, related to incidents occurring in or around the
20school bus;
21    (n) Recording or listening to an audio transmission from a
22microphone placed by a person under the authority of a law
23enforcement agency inside a bait car surveillance vehicle while
24simultaneously capturing a photographic or video image;
25    (o) The use of an eavesdropping camera or audio device
26during an ongoing hostage or barricade situation by a law

 

 

09700HB5278ham001- 41 -LRB097 18978 RLC 66428 a

1enforcement officer or individual acting on behalf of a law
2enforcement officer when the use of such device is necessary to
3protect the safety of the general public, hostages, or law
4enforcement officers or anyone acting on their behalf; and
5    (p) Recording or listening with the aid of any device to
6incoming telephone calls of phone lines publicly listed or
7advertised as the "CPS Violence Prevention Hotline", but only
8where the notice of recording is given at the beginning of each
9call as required by Section 34-21.8 of the School Code. The
10recordings may be retained only by the Chicago Police
11Department or other law enforcement authorities, and shall not
12be otherwise retained or disseminated.
13(Source: P.A. 96-425, eff. 8-13-09; 96-547, eff. 1-1-10;
1496-643, eff. 1-1-10; 96-670, eff. 8-25-09; 96-1000, eff.
157-2-10; 96-1425, eff. 1-1-11; 96-1464, eff. 8-20-10; 97-333,
16eff. 8-12-11.)
 
17    (720 ILCS 5/36.5-5)
18    Sec. 36.5-5. Vehicle impoundment.
19    (a) In addition to any other penalty, fee or forfeiture
20provided by law, a peace officer who arrests a person for a
21violation of Section 10-9, 11-14 10-14, 11-14.1, 11-14.3,
2211-14.4, 11-18, or 11-18.1 of this Code or related municipal
23ordinance, may tow and impound any vehicle used by the person
24in the commission of the violation offense. The person arrested
25for one or more such violations shall be charged a $1,000 fee,

 

 

09700HB5278ham001- 42 -LRB097 18978 RLC 66428 a

1to be paid to the law enforcement agency unit of government
2that made the arrest or its designated representative. The
3person may recover the vehicle from the impound after a minimum
4of 2 hours after arrest upon payment of the fee.
5    (b) $500 of the fee shall be distributed to the law
6enforcement agency unit of government whose peace officers made
7the arrest, for the costs incurred by the law enforcement
8agency unit of government to investigate and to tow and impound
9the vehicle. Upon the defendant's conviction of one or more of
10the violations offenses in connection with which the vehicle
11was impounded and the fee imposed under this Section, the
12remaining $500 of the fee shall be deposited into the DHS State
13Projects Violent Crime Victims Assistance Fund and shall be
14used by the Department of Human Services to make grants to
15non-governmental organizations to provide services for persons
16encountered during the course of an investigation into any
17violation of Section 10-9, 11-14, 11-14.1, 11-14.3, 11-14.4,
1811-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,
1911-19.1, or 11-19.2 of this Code, provided such persons
20constitute prostituted persons or other victims of human
21trafficking.
22    (c) Upon the presentation by the defendant of a signed
23court order showing that the defendant has been acquitted of
24all of the violations offenses in connection with which a
25vehicle was impounded and a fee imposed under this Section, or
26that the charges against the defendant for those violations

 

 

09700HB5278ham001- 43 -LRB097 18978 RLC 66428 a

1offenses have been dismissed, the law enforcement agency unit
2of government shall refund the $1,000 fee to the defendant.
3(Source: P.A. 96-1551, eff. 7-1-11; incorporates 96-1503, eff.
41-27-11, and 97-333, eff. 8-12-11; revised 9-14-11.)
 
5    Section 20.The Code of Criminal Procedure of 1963 is
6amended by changing the heading of Part 300 of Article 124B and
7changing Sections 108B-3, 116-2.1, and 124B-10, 124B-100, and
8124B-305 as follows:
 
9    (725 ILCS 5/108B-3)  (from Ch. 38, par. 108B-3)
10    Sec. 108B-3. Authorization for the interception of private
11communication.
12    (a) The State's Attorney, or a person designated in writing
13or by law to act for him and to perform his duties during his
14absence or disability, may authorize, in writing, an ex parte
15application to the chief judge of a court of competent
16jurisdiction for an order authorizing the interception of a
17private communication when no party has consented to the
18interception and (i) the interception may provide evidence of,
19or may assist in the apprehension of a person who has
20committed, is committing or is about to commit, a violation of
21Section 8-1(b) (solicitation of murder), 8-1.2 (solicitation
22of murder for hire), 9-1 (first degree murder), 10-9
23(involuntary servitude, involuntary sexual servitude of a
24minor, trafficking in persons, or trafficking in persons for

 

 

09700HB5278ham001- 44 -LRB097 18978 RLC 66428 a

1forced labor or services), 11-15.1 (soliciting for a minor
2engaged in prostitution), 11-16 (pandering), 11-17.1 (keeping
3a place of juvenile prostitution), 11-18.1 (patronizing a minor
4engaged in prostitution), 11-19.1 (juvenile pimping and
5aggravated juvenile pimping), or 29B-1 (money laundering) of
6the Criminal Code of 1961, Section 401, 401.1 (controlled
7substance trafficking), 405, 405.1 (criminal drug conspiracy)
8or 407 of the Illinois Controlled Substances Act or any Section
9of the Methamphetamine Control and Community Protection Act, a
10violation of Section 24-2.1, 24-2.2, 24-3, 24-3.1, 24-3.3,
1124-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 24-1(a)(6),
1224-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the
13Criminal Code of 1961 or conspiracy to commit money laundering
14or conspiracy to commit first degree murder; (ii) in response
15to a clear and present danger of imminent death or great bodily
16harm to persons resulting from: (1) a kidnapping or the holding
17of a hostage by force or the threat of the imminent use of
18force; or (2) the occupation by force or the threat of the
19imminent use of force of any premises, place, vehicle, vessel
20or aircraft; (iii) to aid an investigation or prosecution of a
21civil action brought under the Illinois Streetgang Terrorism
22Omnibus Prevention Act when there is probable cause to believe
23the interception of the private communication will provide
24evidence that a streetgang is committing, has committed, or
25will commit a second or subsequent gang-related offense or that
26the interception of the private communication will aid in the

 

 

09700HB5278ham001- 45 -LRB097 18978 RLC 66428 a

1collection of a judgment entered under that Act; or (iv) upon
2information and belief that a streetgang has committed, is
3committing, or is about to commit a felony.
4    (b) The State's Attorney or a person designated in writing
5or by law to act for the State's Attorney and to perform his or
6her duties during his or her absence or disability, may
7authorize, in writing, an ex parte application to the chief
8judge of a circuit court for an order authorizing the
9interception of a private communication when no party has
10consented to the interception and the interception may provide
11evidence of, or may assist in the apprehension of a person who
12has committed, is committing or is about to commit, a violation
13of an offense under Article 29D of the Criminal Code of 1961.
14    (b-1) Subsection (b) is inoperative on and after January 1,
152005.
16    (b-2) No conversations recorded or monitored pursuant to
17subsection (b) shall be made inadmissible in a court of law by
18virtue of subsection (b-1).
19    (c) As used in this Section, "streetgang" and
20"gang-related" have the meanings ascribed to them in Section 10
21of the Illinois Streetgang Terrorism Omnibus Prevention Act.
22(Source: P.A. 95-331, eff. 8-21-07; 96-710, eff. 1-1-10;
2396-1464, eff. 8-20-10.)
 
24    (725 ILCS 5/116-2.1)
25    Sec. 116-2.1. Motion to vacate prostitution convictions

 

 

09700HB5278ham001- 46 -LRB097 18978 RLC 66428 a

1for sex trafficking victims.
2    (a) A motion under this Section may be filed at any time
3following the entry of a verdict or finding of guilty where the
4conviction was under Section 11-14 (prostitution) or Section
511-14.2 (first offender; felony prostitution) of the Criminal
6Code of 1961 or a similar local ordinance and the defendant's
7participation in the offense was a result of having been a
8trafficking victim under Section 10-9 (involuntary servitude,
9involuntary sexual servitude of a minor, trafficking in
10persons, or trafficking in persons for forced labor or
11services) of the Criminal Code of 1961; or a victim of a severe
12form of trafficking under the federal Trafficking Victims
13Protection Act (22 U.S.C. Section 7102(13)); provided that:
14        (1) a motion under this Section shall state why the
15    facts giving rise to this motion were not presented to the
16    trial court, and shall be made with due diligence, after
17    the defendant has ceased to be a victim of such trafficking
18    or has sought services for victims of such trafficking,
19    subject to reasonable concerns for the safety of the
20    defendant, family members of the defendant, or other
21    victims of such trafficking that may be jeopardized by the
22    bringing of such motion, or for other reasons consistent
23    with the purpose of this Section; and
24        (2) reasonable notice of the motion shall be served
25    upon the State.
26    (b) The court may grant the motion if, in the discretion of

 

 

09700HB5278ham001- 47 -LRB097 18978 RLC 66428 a

1the court, the violation was a result of the defendant having
2been a victim of human trafficking. Evidence of such may
3include, but is not limited to:
4        (1) certified records of federal or State court
5    proceedings which demonstrate that the defendant was a
6    victim of a trafficker charged with a trafficking offense
7    under Section 10-9 of the Criminal Code of 1961 or under 22
8    U.S.C. Chapter 78;
9        (2) certified records of "approval notices" or "law
10    enforcement certifications" generated from federal
11    immigration proceedings available to such victims; or
12        (3) a sworn statement from a trained professional staff
13    of a victim services organization, an attorney, a member of
14    the clergy, or a medical or other professional from whom
15    the defendant has sought assistance in addressing the
16    trauma associated with being trafficked.
17    Alternatively, the court may consider such other evidence
18as it deems of sufficient credibility and probative value in
19determining whether the defendant is a trafficking victim or
20victim of a severe form of trafficking.
21    (c) If the court grants a motion under this Section, it
22must vacate the conviction and may take such additional action
23as is appropriate in the circumstances.
24(Source: P.A. 97-267, eff. 1-1-12.)
 
25    (725 ILCS 5/124B-10)

 

 

09700HB5278ham001- 48 -LRB097 18978 RLC 66428 a

1    Sec. 124B-10. Applicability; offenses. This Article
2applies to forfeiture of property in connection with the
3following:
4        (1) A violation of Section 10-9 or 10A-10 of the
5    Criminal Code of 1961 (involuntary servitude; involuntary
6    servitude of a minor; trafficking in persons; trafficking
7    of persons for forced labor or services).
8        (2) A violation of subdivision (a)(1) of Section
9    11-14.4 of the Criminal Code of 1961 (promoting juvenile
10    prostitution) or a violation of Section 11-17.1 of the
11    Criminal Code of 1961 (keeping a place of juvenile
12    prostitution).
13        (3) A violation of subdivision (a)(4) of Section
14    11-14.4 of the Criminal Code of 1961 (promoting juvenile
15    prostitution) or a violation of Section 11-19.2 of the
16    Criminal Code of 1961 (exploitation of a child).
17        (4) A violation of Section 11-20 of the Criminal Code
18    of 1961 (obscenity).
19        (5) A second or subsequent violation of Section 11-20.1
20    of the Criminal Code of 1961 (child pornography).
21        (6) A violation of Section 11-20.1B or 11-20.3 of the
22    Criminal Code of 1961 (aggravated child pornography).
23        (7) A violation of Section 16D-5 of the Criminal Code
24    of 1961 (computer fraud).
25        (8) A felony violation of Article 17B of the Criminal
26    Code of 1961 (WIC fraud).

 

 

09700HB5278ham001- 49 -LRB097 18978 RLC 66428 a

1        (9) A felony violation of Section 26-5 of the Criminal
2    Code of 1961 (dog fighting).
3        (10) A violation of Article 29D of the Criminal Code of
4    1961 (terrorism).
5        (11) A felony violation of Section 4.01 of the Humane
6    Care for Animals Act (animals in entertainment).
7(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11.)
 
8    (725 ILCS 5/124B-100)
9    Sec. 124B-100. Definition; "offense". For purposes of this
10Article, "offense" is defined as follows:
11        (1) In the case of forfeiture authorized under Section
12    10A-15 of the Criminal Code of 1961, "offense" means the
13    offense of involuntary servitude, involuntary servitude of
14    a minor, trafficking in persons, or trafficking of persons
15    for forced labor or services in violation of Section 10-9
16    or 10A-10 of that Code.
17        (2) In the case of forfeiture authorized under
18    subdivision (a)(1) of Section 11-14.4, or Section 11-17.1,
19    of the Criminal Code of 1961, "offense" means the offense
20    of promoting juvenile prostitution or keeping a place of
21    juvenile prostitution in violation of subdivision (a)(1)
22    of Section 11-14.4, or Section 11-17.1, of that Code.
23        (3) In the case of forfeiture authorized under
24    subdivision (a)(4) of Section 11-14.4, or Section 11-19.2,
25    of the Criminal Code of 1961, "offense" means the offense

 

 

09700HB5278ham001- 50 -LRB097 18978 RLC 66428 a

1    of promoting juvenile prostitution or exploitation of a
2    child in violation of subdivision (a)(4) of Section
3    11-14.4, or Section 11-19.2, of that Code.
4        (4) In the case of forfeiture authorized under Section
5    11-20 of the Criminal Code of 1961, "offense" means the
6    offense of obscenity in violation of that Section.
7        (5) In the case of forfeiture authorized under Section
8    11-20.1 of the Criminal Code of 1961, "offense" means the
9    offense of child pornography in violation of Section
10    11-20.1 of that Code.
11        (6) In the case of forfeiture authorized under Section
12    11-20.1B or 11-20.3 of the Criminal Code of 1961, "offense"
13    means the offense of aggravated child pornography in
14    violation of Section 11-20.1B or 11-20.3 of that Code.
15        (7) In the case of forfeiture authorized under Section
16    16D-6 of the Criminal Code of 1961, "offense" means the
17    offense of computer fraud in violation of Section 16D-5 of
18    that Code.
19        (8) In the case of forfeiture authorized under Section
20    17B-25 of the Criminal Code of 1961, "offense" means any
21    felony violation of Article 17B of that Code.
22        (9) In the case of forfeiture authorized under Section
23    29D-65 of the Criminal Code of 1961, "offense" means any
24    offense under Article 29D of that Code.
25        (10) In the case of forfeiture authorized under Section
26    4.01 of the Humane Care for Animals Act or Section 26-5 of

 

 

09700HB5278ham001- 51 -LRB097 18978 RLC 66428 a

1    the Criminal Code of 1961, "offense" means any felony
2    offense under either of those Sections.
3(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11.)
 
4    (725 ILCS 5/Art. 124B Pt. 300 heading)
5
Part 300. Forfeiture; Involuntary Servitude
6
and Trafficking in of Persons
7(Source: P.A. 96-712, eff. 1-1-10.)
 
8    (725 ILCS 5/124B-305)
9    Sec. 124B-305. Distribution of property and sale proceeds.
10All moneys and the sale proceeds of all other property
11forfeited and seized under this Part 300 shall be distributed
12as follows:
13        (1) 50% shall be divided equally between all State
14    agencies and units of local government whose officers or
15    employees conducted the investigation that resulted in the
16    forfeiture.
17        (2) 50% shall be deposited into the Violent Crime
18    Victims Assistance Fund and targeted to services for
19    victims of the offenses of involuntary servitude,
20    involuntary servitude of a minor, trafficking in persons,
21    and trafficking of persons for forced labor or services.
22(Source: P.A. 96-712, eff. 1-1-10.)
 
23    Section 25. The Predator Accountability Act is amended by

 

 

09700HB5278ham001- 52 -LRB097 18978 RLC 66428 a

1changing Section 10 as follows:
 
2    (740 ILCS 128/10)
3    Sec. 10. Definitions. As used in this Act:
4    "Sex trade" means any act, which if proven beyond a
5reasonable doubt could support a conviction for a violation or
6attempted violation of any of the following Sections of the
7Criminal Code of 1961: 11-14.3 (promoting prostitution);
811-14.4 (promoting juvenile prostitution); 11-15 (soliciting
9for a prostitute); 11-15.1 (soliciting for a juvenile
10prostitute); 11-16 (pandering); 11-17 (keeping a place of
11prostitution); 11-17.1 (keeping a place of juvenile
12prostitution); 11-19 (pimping); 11-19.1 (juvenile pimping and
13aggravated juvenile pimping); 11-19.2 (exploitation of a
14child); 11-20 (obscenity); 11-20.1 (child pornography); or
1511-20.1B or 11-20.3 (aggravated child pornography); or Section
1610-9 of the Criminal Code of 1961 (trafficking in of persons
17and involuntary servitude).
18    "Sex trade" activity may involve adults and youth of all
19genders and sexual orientations.
20    "Victim of the sex trade" means, for the following sex
21trade acts, the person or persons indicated:
22        (1) soliciting for a prostitute: the prostitute who is
23    the object of the solicitation;
24        (2) soliciting for a juvenile prostitute: the juvenile
25    prostitute, or severely or profoundly intellectually

 

 

09700HB5278ham001- 53 -LRB097 18978 RLC 66428 a

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

 

 

09700HB5278ham001- 54 -LRB097 18978 RLC 66428 a

1    intended or compelled to act as a prostitute or from whom
2    anything of value is received for that person's act of
3    prostitution;
4        (9) obscenity: any person who appears in or is
5    described or depicted in the offending conduct or material;
6        (10) child pornography or aggravated child
7    pornography: any child, or severely or profoundly
8    intellectually disabled person, who appears in or is
9    described or depicted in the offending conduct or material;
10    or
11        (11) trafficking of persons or involuntary servitude:
12    a "trafficking victim" as defined in Section 10-9 of the
13    Criminal Code of 1961.
14(Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11;
1597-227, eff. 1-1-12; revised 9-15-11.)".