Full Text of SB1278 102nd General Assembly
SB1278sam001 102ND GENERAL ASSEMBLY | Sen. Jason Plummer Filed: 4/16/2021
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| 1 | | AMENDMENT TO SENATE BILL 1278
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1278 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Police Training Act is amended by | 5 | | changing Section 7 as follows:
| 6 | | (50 ILCS 705/7) (from Ch. 85, par. 507)
| 7 | | Sec. 7. Rules and standards for schools. The Board shall | 8 | | adopt rules and
minimum standards for such schools which shall | 9 | | include, but not be limited to,
the following:
| 10 | | a. The curriculum for probationary police officers | 11 | | which shall be
offered by all certified schools shall | 12 | | include, but not be limited to,
courses of procedural | 13 | | justice, arrest and use and control tactics, search and | 14 | | seizure, including temporary questioning, civil rights, | 15 | | human rights, human relations,
cultural competency, | 16 | | including implicit bias and racial and ethnic sensitivity,
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| 1 | | criminal law, law of criminal procedure, constitutional | 2 | | and proper use of law enforcement authority, vehicle and | 3 | | traffic law including
uniform and non-discriminatory | 4 | | enforcement of the Illinois Vehicle Code,
traffic control | 5 | | and accident investigation, techniques of obtaining
| 6 | | physical evidence, court testimonies, statements, reports, | 7 | | firearms
training, training in the use of electronic | 8 | | control devices, including the psychological and | 9 | | physiological effects of the use of those devices on | 10 | | humans, first-aid (including cardiopulmonary | 11 | | resuscitation), training in the administration of opioid | 12 | | antagonists as defined in paragraph (1) of subsection (e) | 13 | | of Section 5-23 of the Substance Use Disorder Act, | 14 | | handling of
juvenile offenders, recognition of
mental | 15 | | conditions and crises, including, but not limited to, the | 16 | | disease of addiction, which require immediate assistance | 17 | | and response and methods to
safeguard and provide | 18 | | assistance to a person in need of mental
treatment, | 19 | | recognition of abuse, neglect, financial exploitation, and | 20 | | self-neglect of adults with disabilities and older adults, | 21 | | as defined in Section 2 of the Adult Protective Services | 22 | | Act, crimes against the elderly, training in investigating | 23 | | domestic minor sex trafficking, law of evidence, the | 24 | | hazards of high-speed police vehicle
chases with an | 25 | | emphasis on alternatives to the high-speed chase, and
| 26 | | physical training. The curriculum shall include specific |
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| 1 | | training in
techniques for immediate response to and | 2 | | investigation of cases of domestic
violence and of sexual | 3 | | assault of adults and children, including cultural | 4 | | perceptions and common myths of sexual assault and sexual | 5 | | abuse as well as interview techniques that are age | 6 | | sensitive and are trauma informed, victim centered, and | 7 | | victim sensitive. The curriculum shall include
training in | 8 | | techniques designed to promote effective
communication at | 9 | | the initial contact with crime victims and ways to | 10 | | comprehensively
explain to victims and witnesses their | 11 | | rights under the Rights
of Crime Victims and Witnesses Act | 12 | | and the Crime
Victims Compensation Act. The curriculum | 13 | | shall also include training in effective recognition of | 14 | | and responses to stress, trauma, and post-traumatic stress | 15 | | experienced by police officers that is consistent with | 16 | | Section 25 of the Illinois Mental Health First Aid | 17 | | Training Act in a peer setting, including recognizing | 18 | | signs and symptoms of work-related cumulative stress, | 19 | | issues that may lead to suicide, and solutions for | 20 | | intervention with peer support resources. The curriculum | 21 | | shall include a block of instruction addressing the | 22 | | mandatory reporting requirements under the Abused and | 23 | | Neglected Child Reporting Act. The curriculum shall also | 24 | | include a block of instruction aimed at identifying and | 25 | | interacting with persons with autism and other | 26 | | developmental or physical disabilities, reducing barriers |
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| 1 | | to reporting crimes against persons with autism, and | 2 | | addressing the unique challenges presented by cases | 3 | | involving victims or witnesses with autism and other | 4 | | developmental disabilities. The curriculum shall include | 5 | | training in the detection and investigation of all forms | 6 | | of human trafficking. The curriculum shall also include | 7 | | instruction in trauma-informed responses designed to | 8 | | ensure the physical safety and well-being of a child of an | 9 | | arrested parent or immediate family member; this | 10 | | instruction must include, but is not limited to: (1) | 11 | | understanding the trauma experienced by the child while | 12 | | maintaining the integrity of the arrest and safety of | 13 | | officers, suspects, and other involved individuals; (2) | 14 | | de-escalation tactics that would include the use of force | 15 | | when reasonably necessary; and (3) inquiring whether a | 16 | | child will require supervision and care. The curriculum | 17 | | for
permanent police officers shall include, but not be | 18 | | limited to: (1) refresher
and in-service training in any | 19 | | of the courses listed above in this
subparagraph, (2) | 20 | | advanced courses in any of the subjects listed above in
| 21 | | this subparagraph, (3) training for supervisory personnel, | 22 | | and (4)
specialized training in subjects and fields to be | 23 | | selected by the board. The training in the use of | 24 | | electronic control devices shall be conducted for | 25 | | probationary police officers, including University police | 26 | | officers.
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| 1 | | b. Minimum courses of study, attendance requirements | 2 | | and equipment
requirements.
| 3 | | c. Minimum requirements for instructors.
| 4 | | d. Minimum basic training requirements, which a | 5 | | probationary police
officer must satisfactorily complete | 6 | | before being eligible for permanent
employment as a local | 7 | | law enforcement officer for a participating local
| 8 | | governmental agency. Those requirements shall include | 9 | | training in first aid
(including cardiopulmonary | 10 | | resuscitation).
| 11 | | e. Minimum basic training requirements, which a | 12 | | probationary county
corrections officer must | 13 | | satisfactorily complete before being eligible for
| 14 | | permanent employment as a county corrections officer for a | 15 | | participating
local governmental agency.
| 16 | | f. Minimum basic training requirements which a | 17 | | probationary court
security officer must satisfactorily | 18 | | complete before being eligible for
permanent employment as | 19 | | a court security officer for a participating local
| 20 | | governmental agency. The Board shall
establish those | 21 | | training requirements which it considers appropriate for | 22 | | court
security officers and shall certify schools to | 23 | | conduct that training.
| 24 | | A person hired to serve as a court security officer | 25 | | must obtain from the
Board a certificate (i) attesting to | 26 | | his or her successful completion of the
training course; |
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| 1 | | (ii) attesting to his or her satisfactory
completion of a | 2 | | training program of similar content and number of hours | 3 | | that
has been found acceptable by the Board under the | 4 | | provisions of this Act; or
(iii) attesting to the Board's | 5 | | determination that the training
course is unnecessary | 6 | | because of the person's extensive prior law enforcement
| 7 | | experience.
| 8 | | Individuals who currently serve as court security | 9 | | officers shall be deemed
qualified to continue to serve in | 10 | | that capacity so long as they are certified
as provided by | 11 | | this Act within 24 months of June 1, 1997 (the effective | 12 | | date of Public Act 89-685). Failure to be so certified, | 13 | | absent a waiver from the
Board, shall cause the officer to | 14 | | forfeit his or her position.
| 15 | | All individuals hired as court security officers on or | 16 | | after June 1, 1997 (the effective
date of Public Act | 17 | | 89-685) shall be certified within 12 months of the
date of | 18 | | their hire, unless a waiver has been obtained by the | 19 | | Board, or they
shall forfeit their positions.
| 20 | | The Sheriff's Merit Commission, if one exists, or the | 21 | | Sheriff's Office if
there is no Sheriff's Merit | 22 | | Commission, shall maintain a list of all
individuals who | 23 | | have filed applications to become court security officers | 24 | | and
who meet the eligibility requirements established | 25 | | under this Act. Either
the Sheriff's Merit Commission, or | 26 | | the Sheriff's Office if no Sheriff's Merit
Commission |
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| 1 | | exists, shall establish a schedule of reasonable intervals | 2 | | for
verification of the applicants' qualifications under
| 3 | | this Act and as established by the Board.
| 4 | | g. Minimum in-service training requirements, which a | 5 | | police officer must satisfactorily complete every 3 years. | 6 | | Those requirements shall include constitutional and proper | 7 | | use of law enforcement authority, procedural justice, | 8 | | civil rights, human rights, mental health awareness and | 9 | | response, officer wellness, reporting child abuse and | 10 | | neglect, and cultural competency. | 11 | | h. Minimum in-service training requirements, which a | 12 | | police officer must satisfactorily complete at least | 13 | | annually. Those requirements shall include law updates and | 14 | | use of force training which shall include scenario based | 15 | | training, or similar training approved by the Board. | 16 | | (Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18; | 17 | | 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff. | 18 | | 1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215, | 19 | | eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19; | 20 | | 101-564, eff. 1-1-20; revised 9-10-19.)
| 21 | | Section 10. The Abused and Neglected Child Reporting Act | 22 | | is amended by changing Section 3 as follows: | 23 | | (325 ILCS 5/3) (from Ch. 23, par. 2053) | 24 | | Sec. 3. As used in this Act unless the context otherwise |
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| 1 | | requires: | 2 | | "Adult resident" means any person between 18 and 22 years | 3 | | of age who resides in any facility licensed by the Department | 4 | | under the Child Care Act of 1969. For purposes of this Act, the | 5 | | criteria set forth in the definitions of "abused child" and | 6 | | "neglected child" shall be used in determining whether an | 7 | | adult resident is abused or neglected. | 8 | | "Agency" means a child care facility licensed under | 9 | | Section 2.05 or Section 2.06 of the Child Care Act of 1969 and | 10 | | includes a transitional living program that accepts children | 11 | | and adult residents for placement who are in the guardianship | 12 | | of the Department. | 13 | | "Blatant disregard" means an incident where the real, | 14 | | significant, and imminent risk of harm would be so obvious to a | 15 | | reasonable parent or caretaker that it is unlikely that a | 16 | | reasonable parent or caretaker would have exposed the child to | 17 | | the danger without exercising precautionary measures to | 18 | | protect the child from harm. With respect to a person working | 19 | | at an agency in his or her professional capacity with a child | 20 | | or adult resident, "blatant disregard" includes a failure by | 21 | | the person to perform job responsibilities intended to protect | 22 | | the child's or adult resident's health, physical well-being, | 23 | | or welfare, and, when viewed in light of the surrounding | 24 | | circumstances, evidence exists that would cause a reasonable | 25 | | person to believe that the child was neglected. With respect | 26 | | to an agency, "blatant disregard" includes a failure to |
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| 1 | | implement practices that ensure the health, physical | 2 | | well-being, or welfare of the children and adult residents | 3 | | residing in the facility. | 4 | | "Child" means any person under the age of 18 years, unless | 5 | | legally
emancipated by reason of marriage or entry into a | 6 | | branch of the United
States armed services. | 7 | | "Department" means Department of Children and Family | 8 | | Services. | 9 | | "Local law enforcement agency" means the police of a city, | 10 | | town,
village or other incorporated area or the sheriff of an | 11 | | unincorporated
area or any sworn officer of the Illinois | 12 | | Department of State Police. | 13 | | "Abused child"
means a child whose parent or immediate | 14 | | family
member,
or any person responsible for the child's | 15 | | welfare, or any individual
residing in the same home as the | 16 | | child, or a paramour of the child's parent: | 17 | | (a) inflicts, causes to be inflicted, or allows to be
| 18 | | inflicted upon
such child physical injury, by other than | 19 | | accidental means, which causes
death, disfigurement, | 20 | | impairment of physical or
emotional health, or loss or | 21 | | impairment of any bodily function; | 22 | | (b) creates a substantial risk of physical injury to | 23 | | such
child by
other than accidental means which would be | 24 | | likely to cause death,
disfigurement, impairment of | 25 | | physical or emotional health, or loss or
impairment of any | 26 | | bodily function; |
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| 1 | | (c) commits or allows to be committed any sex offense | 2 | | against
such child,
as such sex offenses are defined in | 3 | | the Criminal Code of 2012 or in the Wrongs to Children Act,
| 4 | | and extending those definitions of sex offenses to include | 5 | | children under
18 years of age; | 6 | | (d) commits or allows to be committed an act or acts of
| 7 | | torture upon
such child; | 8 | | (e) inflicts excessive corporal punishment or, in the | 9 | | case of a person working for an agency who is prohibited | 10 | | from using corporal punishment, inflicts corporal | 11 | | punishment upon a child or adult resident with whom the | 12 | | person is working in his or her professional capacity; | 13 | | (f) commits or allows to be committed
the offense of
| 14 | | female
genital mutilation, as defined in Section 12-34 of | 15 | | the Criminal Code of
2012, against the child; | 16 | | (g) causes to be sold, transferred, distributed, or | 17 | | given to
such child
under 18 years of age, a controlled | 18 | | substance as defined in Section 102 of the
Illinois | 19 | | Controlled Substances Act in violation of Article IV of | 20 | | the Illinois
Controlled Substances Act or in violation of | 21 | | the Methamphetamine Control and Community Protection Act, | 22 | | except for controlled substances that are prescribed
in | 23 | | accordance with Article III of the Illinois Controlled | 24 | | Substances Act and
are dispensed to such child in a manner | 25 | | that substantially complies with the
prescription; or | 26 | | (h) commits or allows to be committed the offense of |
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| 1 | | involuntary servitude, involuntary sexual servitude of a | 2 | | minor, or trafficking in persons as defined in Section | 3 | | 10-9 of the Criminal Code of 2012 against the child. A | 4 | | child shall be considered abused regardless of the | 5 | | perpetrator of the abuse if the child is a human | 6 | | trafficking victim as defined in Section 10-9 of the | 7 | | Criminal Code of 2012. | 8 | | A child shall not be considered abused for the sole reason | 9 | | that the child
has been relinquished in accordance with the | 10 | | Abandoned Newborn Infant
Protection Act. | 11 | | "Neglected child" means any child who is not receiving the | 12 | | proper or
necessary nourishment or medically indicated | 13 | | treatment including food or care
not provided solely on the | 14 | | basis of the present or anticipated mental or
physical | 15 | | impairment as determined by a physician acting alone or in
| 16 | | consultation with other physicians or otherwise is not | 17 | | receiving the proper or
necessary support or medical or other | 18 | | remedial care recognized under State law
as necessary for a | 19 | | child's well-being, or other care necessary for his or her
| 20 | | well-being, including adequate food, clothing and shelter; or | 21 | | who is subjected to an environment which is injurious insofar | 22 | | as (i) the child's environment creates a likelihood of harm to | 23 | | the child's health, physical well-being, or welfare and (ii) | 24 | | the likely harm to the child is the result of a blatant | 25 | | disregard of parent, caretaker, or agency responsibilities; or | 26 | | who is abandoned
by his or her parents or other person |
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| 1 | | responsible for the child's welfare
without a proper plan of | 2 | | care; or who has been provided with interim crisis | 3 | | intervention services under
Section 3-5 of
the Juvenile Court | 4 | | Act of 1987 and whose parent, guardian, or custodian refuses | 5 | | to
permit
the child to return home and no other living | 6 | | arrangement agreeable
to the parent, guardian, or custodian | 7 | | can be made, and the parent, guardian, or custodian has not | 8 | | made any other appropriate living arrangement for the child; | 9 | | or who is a 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 or a metabolite thereof,
with the exception of | 13 | | a controlled substance or metabolite thereof whose
presence in | 14 | | the newborn infant is the result of medical treatment | 15 | | administered
to the mother or the newborn infant. A child | 16 | | shall not be considered neglected
for the sole reason that the | 17 | | child's parent or other person responsible for his
or her | 18 | | welfare has left the child in the care of an adult relative for | 19 | | any
period of time. A child shall not be considered neglected | 20 | | for the sole reason
that the child has been relinquished in | 21 | | accordance with the Abandoned Newborn
Infant Protection Act. A | 22 | | child shall not be considered neglected or abused
for the
sole | 23 | | reason that such child's parent or other person responsible | 24 | | for his or her
welfare depends upon spiritual means through | 25 | | prayer alone for the treatment or
cure of disease or remedial | 26 | | care as provided under Section 4 of this Act. A
child shall not |
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| 1 | | be considered neglected or abused solely because the child is
| 2 | | not attending school in accordance with the requirements of | 3 | | Article 26 of The
School Code, as amended. | 4 | | "Child Protective Service Unit" means certain specialized | 5 | | State employees of
the Department assigned by the Director to | 6 | | perform the duties and
responsibilities as provided under | 7 | | Section 7.2 of this Act. | 8 | | "Near fatality" means an act that, as certified by a | 9 | | physician, places the child in serious or critical condition, | 10 | | including acts of great bodily harm inflicted upon children | 11 | | under 13 years of age, and as otherwise defined by Department | 12 | | rule. | 13 | | "Great bodily harm" includes bodily injury which creates a | 14 | | high probability of death, or which causes serious permanent | 15 | | disfigurement, or which causes a permanent or protracted loss | 16 | | or impairment of the function of any bodily member or organ, or | 17 | | other serious bodily harm. | 18 | | "Person responsible for the child's welfare" means the | 19 | | child's parent;
guardian; foster parent; relative caregiver; | 20 | | any person responsible for the
child's welfare in a public or | 21 | | private residential agency or institution; any
person | 22 | | responsible for the child's welfare within a public or private | 23 | | profit or
not for profit child care facility; or any other | 24 | | person responsible for the
child's welfare at the time of the | 25 | | alleged abuse or neglect, including any person that is the | 26 | | custodian of a child under 18 years of age who commits or |
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| 1 | | allows to be committed, against the child, the offense of | 2 | | involuntary servitude, involuntary sexual servitude of a | 3 | | minor, or trafficking in persons for forced labor or services, | 4 | | as provided in Section 10-9 of the Criminal Code of 2012, or | 5 | | any person who
came to know the child through an official | 6 | | capacity or position of trust,
including but not limited to | 7 | | health care professionals, educational personnel,
recreational | 8 | | supervisors, members of the clergy, and volunteers or
support | 9 | | personnel in any setting
where children may be subject to | 10 | | abuse or neglect. | 11 | | "Temporary protective custody" means custody within a | 12 | | hospital or
other medical facility or a place previously | 13 | | designated for such custody
by the Department, subject to | 14 | | review by the Court, including a licensed
foster home, group | 15 | | home, or other institution; but such place shall not
be a jail | 16 | | or other place for the detention of criminal or juvenile | 17 | | offenders. | 18 | | "An unfounded report" means any report made under this Act | 19 | | for which
it is determined after an investigation that no | 20 | | credible evidence of
abuse or neglect exists. | 21 | | "An indicated report" means a report made under this Act | 22 | | if an
investigation determines that credible evidence of the | 23 | | alleged
abuse or neglect exists. | 24 | | "An undetermined report" means any report made under this | 25 | | Act in
which it was not possible to initiate or complete an | 26 | | investigation on
the basis of information provided to the |
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| 1 | | Department. | 2 | | "Subject of report" means any child reported to the | 3 | | central register
of child abuse and neglect established under | 4 | | Section 7.7 of this Act as an alleged victim of child abuse or | 5 | | neglect and
the parent or guardian of the alleged victim or | 6 | | other person responsible for the alleged victim's welfare who | 7 | | is named in the report or added to the report as an alleged | 8 | | perpetrator of child abuse or neglect. | 9 | | "Perpetrator" means a person who, as a result of | 10 | | investigation, has
been determined by the Department to have | 11 | | caused child abuse or neglect. | 12 | | "Member of the clergy" means a clergyman or practitioner | 13 | | of any religious
denomination accredited by the religious body | 14 | | to which he or she belongs. | 15 | | (Source: P.A. 99-350, eff. 6-1-16; 100-733, eff. 1-1-19 .) | 16 | | Section 15. The Juvenile Court Act of 1987 is amended by | 17 | | changing Section 5-915 as follows:
| 18 | | (705 ILCS 405/5-915)
| 19 | | Sec. 5-915. Expungement of juvenile law enforcement and | 20 | | juvenile court records.
| 21 | | (0.05) (Blank). | 22 | | (0.1) (a) The Department of State Police and all law | 23 | | enforcement agencies within the State shall automatically | 24 | | expunge, on or before January 1 of each year, all juvenile law |
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| 1 | | enforcement records relating to events occurring before an | 2 | | individual's 18th birthday if: | 3 | | (1) one year or more has elapsed since the date of the | 4 | | arrest or law enforcement interaction documented in the | 5 | | records; | 6 | | (2) no petition for delinquency or criminal charges | 7 | | were filed with the clerk of the circuit court relating to | 8 | | the arrest or law enforcement interaction documented in | 9 | | the records; and | 10 | | (3) 6 months have elapsed since the date of the arrest | 11 | | without an additional subsequent arrest or filing of a | 12 | | petition for delinquency or criminal charges whether | 13 | | related or not to the arrest or law enforcement | 14 | | interaction documented in the records. | 15 | | (b) If the law enforcement agency is unable to verify | 16 | | satisfaction of conditions (2) and (3) of this subsection | 17 | | (0.1), records that satisfy condition (1) of this subsection | 18 | | (0.1) shall be automatically expunged if the records relate to | 19 | | an offense that if committed by an adult would not be an | 20 | | offense classified as Class 2 felony or higher, an offense | 21 | | under Article 11 of the Criminal Code of 1961 or Criminal Code | 22 | | of 2012, or an offense under Section 12-13, 12-14, 12-14.1, | 23 | | 12-15, or 12-16 of the Criminal Code of 1961. | 24 | | (0.15) If a juvenile law enforcement record meets | 25 | | paragraph (a) of subsection (0.1) of this Section, a juvenile | 26 | | law enforcement record created: |
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| 1 | | (1) prior to January 1, 2018, but on or after January | 2 | | 1, 2013 shall be automatically expunged prior to January | 3 | | 1, 2020; | 4 | | (2) prior to January 1, 2013, but on or after January | 5 | | 1, 2000, shall be automatically expunged prior to January | 6 | | 1, 2023; and | 7 | | (3) prior to January 1, 2000 shall not be subject to | 8 | | the automatic expungement provisions of this Act. | 9 | | Nothing in this subsection (0.15) shall be construed to | 10 | | restrict or modify an individual's right to have his or her | 11 | | juvenile law enforcement records expunged except as otherwise | 12 | | may be provided in this Act. | 13 | | (0.2) (a) Upon dismissal of a petition alleging | 14 | | delinquency or upon a finding of not delinquent, the | 15 | | successful termination of an order of supervision, or the | 16 | | successful termination of an adjudication for an offense which | 17 | | would be a Class B misdemeanor, Class C misdemeanor, or a petty | 18 | | or business offense if committed by an adult, the court shall | 19 | | automatically order the expungement of the juvenile court | 20 | | records and juvenile law enforcement records. The clerk shall | 21 | | deliver a certified copy of the expungement order to the | 22 | | Department of State Police and the arresting agency. Upon | 23 | | request, the State's Attorney shall furnish the name of the | 24 | | arresting agency. The expungement shall be completed within 60 | 25 | | business days after the receipt of the expungement order. | 26 | | (b) If the chief law enforcement officer of the agency, or |
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| 1 | | his or her designee, certifies in writing that certain | 2 | | information is needed for a pending investigation involving | 3 | | the commission of a felony, that information, and information | 4 | | identifying the juvenile, may be retained until the statute of | 5 | | limitations for the felony has run. If the chief law | 6 | | enforcement officer of the agency, or his or her designee, | 7 | | certifies in writing that certain information is needed with | 8 | | respect to an internal investigation of any law enforcement | 9 | | office, that information and information identifying the | 10 | | juvenile may be retained within an intelligence file until the | 11 | | investigation is terminated or the disciplinary action, | 12 | | including appeals, has been completed, whichever is later. | 13 | | Retention of a portion of a juvenile's law enforcement record | 14 | | does not disqualify the remainder of his or her record from | 15 | | immediate automatic expungement. | 16 | | (0.3) (a) Upon an adjudication of delinquency based on any | 17 | | offense except a disqualified offense, the juvenile court | 18 | | shall automatically order the expungement of the juvenile | 19 | | court and law enforcement records 2 years or, in the case of a | 20 | | human trafficking victim as defined in Section 10-9 of the | 21 | | Criminal Code of 2012 adjudicated delinquent for prostitution, | 22 | | immediately after the juvenile's case was closed if no | 23 | | delinquency or criminal proceeding is pending and the person | 24 | | has had no subsequent delinquency adjudication or criminal | 25 | | conviction. The clerk shall deliver a certified copy of the | 26 | | expungement order to the Department of State Police and the |
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| 1 | | arresting agency. Upon request, the State's Attorney shall | 2 | | furnish the name of the arresting agency. The expungement | 3 | | shall be completed within 60 business days after the receipt | 4 | | of the expungement order. In this subsection (0.3), | 5 | | "disqualified offense" means any of the following offenses: | 6 | | Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, | 7 | | 10-3, 10-3.1, 10-4, 10-5, 10-9 if the minor was not a human | 8 | | trafficking victim as defined in that Section , 11-1.20, | 9 | | 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, | 10 | | 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, | 11 | | 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, | 12 | | 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, | 13 | | 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, | 14 | | 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal Code of | 15 | | 2012, or subsection (b) of Section 8-1, paragraph (4) of | 16 | | subsection (a) of Section 11-14.4, subsection (a-5) of Section | 17 | | 12-3.1, paragraph (1), (2), or (3) of subsection (a) of | 18 | | Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3, | 19 | | paragraph (1) or (2) of subsection (a) of Section 12-7.4, | 20 | | subparagraph (i) of paragraph (1) of subsection (a) of Section | 21 | | 12-9, subparagraph (H) of paragraph (3) of subsection (a) of | 22 | | Section 24-1.6, paragraph (1) of subsection (a) of Section | 23 | | 25-1, or subsection (a-7) of Section 31-1 of the Criminal Code | 24 | | of 2012. | 25 | | (b) If the chief law enforcement officer of the agency, or | 26 | | his or her designee, certifies in writing that certain |
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| 1 | | information is needed for a pending investigation involving | 2 | | the commission of a felony, that information, and information | 3 | | identifying the juvenile, may be retained in an intelligence | 4 | | file until the investigation is terminated or for one | 5 | | additional year, whichever is sooner. Retention of a portion | 6 | | of a juvenile's juvenile law enforcement record does not | 7 | | disqualify the remainder of his or her record from immediate | 8 | | automatic expungement. | 9 | | (0.4) Automatic expungement for the purposes of this | 10 | | Section shall not require law enforcement agencies to | 11 | | obliterate or otherwise destroy juvenile law enforcement | 12 | | records that would otherwise need to be automatically expunged | 13 | | under this Act, except after 2 years following the subject | 14 | | arrest for purposes of use in civil litigation against a | 15 | | governmental entity or its law enforcement agency or personnel | 16 | | which created, maintained, or used the records. However , these | 17 | | juvenile law enforcement records shall be considered expunged | 18 | | for all other purposes during this period and the offense, | 19 | | which the records or files concern, shall be treated as if it | 20 | | never occurred as required under Section 5-923. | 21 | | (0.5) Subsection (0.1) or (0.2) of this Section does not | 22 | | apply to violations of traffic, boating, fish and game laws, | 23 | | or county or municipal ordinances. | 24 | | (0.6) Juvenile law enforcement records of a plaintiff who | 25 | | has filed civil litigation against the governmental entity or | 26 | | its law enforcement agency or personnel that created, |
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| 1 | | maintained, or used the records, or juvenile law enforcement | 2 | | records that contain information related to the allegations | 3 | | set forth in the civil litigation may not be expunged until | 4 | | after 2 years have elapsed after the conclusion of the | 5 | | lawsuit, including any appeal. | 6 | | (0.7) Officer-worn body camera recordings shall not be | 7 | | automatically expunged except as otherwise authorized by the | 8 | | Law Enforcement Officer-Worn Body Camera Act. | 9 | | (1) Whenever a person has been arrested, charged, or | 10 | | adjudicated delinquent for an incident occurring before his or | 11 | | her 18th birthday that if committed by an adult would be an | 12 | | offense, and that person's juvenile law enforcement and | 13 | | juvenile court records are not eligible for automatic | 14 | | expungement under subsection (0.1), (0.2), or (0.3), the
| 15 | | person may petition the court at any time for expungement of | 16 | | juvenile law
enforcement records and juvenile court records | 17 | | relating to the incident and, upon termination of all juvenile
| 18 | | court proceedings relating to that incident, the court shall | 19 | | order the expungement of all records in the possession of the | 20 | | Department of State Police, the clerk of the circuit court, | 21 | | and law enforcement agencies relating to the incident, but | 22 | | only in any of the following circumstances:
| 23 | | (a) the minor was arrested and no petition for | 24 | | delinquency was filed with
the clerk of the circuit court; | 25 | | (a-5) the minor was charged with an offense and the | 26 | | petition or petitions were dismissed without a finding of |
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| 1 | | delinquency;
| 2 | | (b) the minor was charged with an offense and was | 3 | | found not delinquent of
that offense;
| 4 | | (c) the minor was placed under supervision under | 5 | | Section 5-615, and
the order of
supervision has since been | 6 | | successfully terminated; or
| 7 | | (d)
the minor was adjudicated for an offense which | 8 | | would be a Class B
misdemeanor, Class C misdemeanor, or a | 9 | | petty or business offense if committed by an adult ; or | 10 | | (e) the minor was adjudicated delinquent for | 11 | | prostitution as a result of being a trafficking victim as | 12 | | defined in Section 10-9 of the Criminal Code of 2012 .
| 13 | | (1.5) The Department of State Police shall allow a person | 14 | | to use the Access and Review process, established in the | 15 | | Department of State Police, for verifying that his or her | 16 | | juvenile law enforcement records relating to incidents | 17 | | occurring before his or her 18th birthday eligible under this | 18 | | Act have been expunged. | 19 | | (1.6) (Blank). | 20 | | (1.7) (Blank). | 21 | | (1.8) (Blank). | 22 | | (2) Any person whose delinquency adjudications are not | 23 | | eligible for automatic expungement under subsection (0.3) of | 24 | | this Section may petition the court to expunge all juvenile | 25 | | law enforcement records
relating to any
incidents occurring | 26 | | before his or her 18th birthday which did not result in
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| 1 | | proceedings in criminal court and all juvenile court records | 2 | | with respect to
any adjudications except those based upon | 3 | | first degree
murder or an offense under Article 11 of the | 4 | | Criminal Code of 2012 if the person is required to register | 5 | | under the Sex Offender Registration Act at the time he or she | 6 | | petitions the court for expungement; provided that : (a) | 7 | | (blank); or (b) 2 years have elapsed since all juvenile court | 8 | | proceedings relating to
him or her have been terminated and | 9 | | his or her commitment to the Department of
Juvenile Justice
| 10 | | under this Act has been terminated.
| 11 | | (2.5) If a minor is arrested and no petition for | 12 | | delinquency is filed with the clerk of the circuit court at the | 13 | | time the minor is released from custody, the youth officer, if | 14 | | applicable, or other designated person from the arresting | 15 | | agency, shall notify verbally and in writing to the minor or | 16 | | the minor's parents or guardians that the minor shall have an | 17 | | arrest record and shall provide the minor and the minor's | 18 | | parents or guardians with an expungement information packet, | 19 | | information regarding this State's expungement laws including | 20 | | a petition to expunge juvenile law enforcement and juvenile | 21 | | court records obtained from the clerk of the circuit court. | 22 | | (2.6) If a minor is referred to court , then , at the time of | 23 | | sentencing , or dismissal of the case, or successful completion | 24 | | of supervision, the judge shall inform the delinquent minor of | 25 | | his or her rights regarding expungement and the clerk of the | 26 | | circuit court shall provide an expungement information packet |
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| 1 | | to the minor, written in plain language, including information | 2 | | regarding this State's expungement laws and a petition for | 3 | | expungement, a sample of a completed petition, expungement | 4 | | instructions that shall include information informing the | 5 | | minor that (i) once the case is expunged, it shall be treated | 6 | | as if it never occurred, (ii) he or she may apply to have | 7 | | petition fees waived, (iii) once he or she obtains an | 8 | | expungement, he or she may not be required to disclose that he | 9 | | or she had a juvenile law enforcement or juvenile court | 10 | | record, and (iv) if petitioning he or she may file the petition | 11 | | on his or her own or with the assistance of an attorney. The | 12 | | failure of the judge to inform the delinquent minor of his or | 13 | | her right to petition for expungement as provided by law does | 14 | | not create a substantive right, nor is that failure grounds | 15 | | for: (i) a reversal of an adjudication of delinquency ; , (ii) a | 16 | | new trial; or (iii) an appeal. | 17 | | (2.7) (Blank). | 18 | | (2.8) (Blank). | 19 | | (3) (Blank).
| 20 | | (3.1) (Blank).
| 21 | | (3.2) (Blank). | 22 | | (3.3) (Blank).
| 23 | | (4) (Blank).
| 24 | | (5) (Blank).
| 25 | | (5.5) Whether or not expunged, records eligible for | 26 | | automatic expungement under subdivision (0.1)(a), (0.2)(a), or |
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| 1 | | (0.3)(a) may be treated as expunged by the individual subject | 2 | | to the records. | 3 | | (6) (Blank). | 4 | | (6.5) The Department of State Police or any employee of | 5 | | the Department shall be immune from civil or criminal | 6 | | liability for failure to expunge any records of arrest that | 7 | | are subject to expungement under this Section because of | 8 | | inability to verify a record. Nothing in this Section shall | 9 | | create Department of State Police liability or responsibility | 10 | | for the expungement of juvenile law enforcement records it | 11 | | does not possess. | 12 | | (7) (Blank).
| 13 | | (7.5) (Blank). | 14 | | (8) (a) (Blank). (b) (Blank). (c) The expungement of | 15 | | juvenile law enforcement or juvenile court records under | 16 | | subsection (0.1), (0.2), or (0.3) of this Section shall be | 17 | | funded by appropriation by the General Assembly for that | 18 | | purpose. | 19 | | (9) (Blank). | 20 | | (10) (Blank). | 21 | | (Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; | 22 | | 100-201, eff. 8-18-17; 100-285, eff. 1-1-18; 100-720, eff. | 23 | | 8-3-18; 100-863, eff. 8-14-18; 100-987, eff. 7-1-19; 100-1162, | 24 | | eff. 12-20-18; revised 7-16-19.) | 25 | | Section 20. The Criminal Code of 2012 is amended by |
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| 1 | | changing Sections 10-9, 11-14.1, 11-18.1, 11-20.1, and 11-25 | 2 | | and by adding Section 11-27 as follows: | 3 | | (720 ILCS 5/10-9) | 4 | | Sec. 10-9. Trafficking in persons, involuntary servitude, | 5 | | and related offenses. | 6 | | (a) Definitions. In this Section: | 7 | | (1) "Intimidation" has the meaning prescribed in Section | 8 | | 12-6. | 9 | | (2) "Commercial sexual activity" means any sex act on | 10 | | account of which anything of value is given, promised to, or | 11 | | received by any person.
| 12 | | (2.5) "Company" means any sole proprietorship, | 13 | | organization, association, corporation, partnership, joint | 14 | | venture, limited partnership, limited liability partnership, | 15 | | limited liability limited partnership, limited liability | 16 | | company, or other entity or business association, including | 17 | | all wholly owned subsidiaries, majority-owned subsidiaries, | 18 | | parent companies, or affiliates of those entities or business | 19 | | associations, that exist for the purpose of making profit. | 20 | | (3) "Financial harm" includes intimidation that brings | 21 | | about financial loss, criminal usury, or employment contracts | 22 | | that violate the Frauds Act. | 23 | | (4) (Blank). | 24 | | (5) "Labor" means work of economic or financial value. | 25 | | (6) "Maintain" means, in relation to labor or services, to |
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| 1 | | secure continued performance thereof, regardless of any | 2 | | initial agreement on the part of the victim to perform that | 3 | | type of service. | 4 | | (7) "Obtain" means, in relation to labor or services, to | 5 | | secure performance thereof. | 6 | | (7.5) "Serious harm" means any harm, whether physical or | 7 | | nonphysical, including psychological, financial, or | 8 | | reputational harm, that is sufficiently serious, under all the | 9 | | surrounding circumstances, to compel a reasonable person of | 10 | | the same background and in the same circumstances to perform | 11 | | or to continue performing labor or services in order to avoid | 12 | | incurring that harm. | 13 | | (8) "Services" means activities resulting from a | 14 | | relationship between a person and the actor in which the | 15 | | person performs activities under the supervision of or for the | 16 | | benefit of the actor. Commercial sexual activity and | 17 | | sexually-explicit performances are forms of activities that | 18 | | are "services" under this Section. Nothing in this definition | 19 | | may be construed to legitimize or legalize prostitution. | 20 | | (9) "Sexually-explicit performance" means a live, | 21 | | recorded, broadcast (including over the Internet), or public | 22 | | act or show intended to arouse or satisfy the sexual desires or | 23 | | appeal to the prurient interests of patrons. | 24 | | (10) "Trafficking victim" means a person subjected to the | 25 | | practices set forth in subsection (b), (c), or (d). | 26 | | (b) Involuntary servitude. A person commits involuntary |
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| 1 | | servitude when he or she knowingly subjects, attempts to | 2 | | subject, or engages in a conspiracy to subject another person | 3 | | to labor or services obtained or maintained through any of the | 4 | | following means, or any combination of these means: | 5 | | (1) causes or threatens to cause physical harm to any | 6 | | person; | 7 | | (2) physically restrains or threatens to physically | 8 | | restrain another person; | 9 | | (3) abuses or threatens to abuse the law or legal | 10 | | process; | 11 | | (4) knowingly destroys, conceals, removes, | 12 | | confiscates, or possesses any actual or purported passport | 13 | | or other immigration document, or any other actual or | 14 | | purported government identification document, of another | 15 | | person; | 16 | | (5) uses intimidation, or exerts financial control | 17 | | over any person; or | 18 | | (6) uses any scheme, plan, or pattern intended to | 19 | | cause the person to believe that, if the person did not | 20 | | perform the labor or services, that person or another | 21 | | person would suffer serious harm or physical restraint. | 22 | | Sentence. Except as otherwise provided in subsection (e) | 23 | | or (f), a violation of subsection (b)(1) is a Class X felony, | 24 | | (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) | 25 | | is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony. | 26 | | (c) Involuntary sexual servitude of a minor. A person |
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| 1 | | commits involuntary sexual servitude of a minor when he or she | 2 | | knowingly recruits, entices, harbors, transports, provides, or | 3 | | obtains by any means, or attempts to recruit, entice, harbor, | 4 | | provide, or obtain by any means, another person under 18 years | 5 | | of age, knowing that the minor will engage in commercial | 6 | | sexual activity, a sexually-explicit performance, or the | 7 | | production of pornography, or causes or attempts to cause a | 8 | | minor to engage in one or more of those activities and: | 9 | | (1) there is no overt force or threat and the minor is | 10 | | between the ages of 17 and 18 years; | 11 | | (2) there is no overt force or threat and the minor is | 12 | | under the age of 17 years; or | 13 | | (3) there is overt force or threat. | 14 | | (c-5) Mistake of age not a defense. It is not a defense to | 15 | | a violation of this Section that the accused reasonably | 16 | | believed the trafficking victim to be 18 years of age or over. | 17 | | Sentence. Except as otherwise provided in subsection (e) | 18 | | or (f), a violation of subsection (c)(1) is a Class 1 felony, | 19 | | (c)(2) is a Class X felony, and (c)(3) is a Class X felony. | 20 | | (d) Trafficking in persons. A person commits trafficking | 21 | | in persons when he or she knowingly: (1) recruits, entices, | 22 | | harbors, transports, provides, or obtains by any means, or | 23 | | attempts to recruit, entice, harbor, transport, provide, or | 24 | | obtain by any means, another person, intending or knowing that | 25 | | the person will be subjected to involuntary servitude; or (2) | 26 | | benefits, financially or by receiving anything of value, from |
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| 1 | | participation in a venture that has engaged in an act of | 2 | | involuntary servitude or involuntary sexual servitude of a | 3 | | minor. 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 involuntary servitude or involuntary | 7 | | sexual servitude of a minor. | 8 | | Sentence. Except as otherwise provided in subsection (e) | 9 | | or (f), a violation of this subsection by a person is a Class 1 | 10 | | felony. A violation of this subsection by a company is a | 11 | | business offense for which a fine of up to $100,000 may be | 12 | | imposed. | 13 | | (e) Aggravating factors. A violation of this Section | 14 | | involving kidnapping or an attempt to kidnap, aggravated | 15 | | criminal sexual assault or an attempt to commit aggravated | 16 | | criminal sexual assault, or an attempt to commit first degree | 17 | | murder is a Class X felony. | 18 | | (f) Sentencing considerations. | 19 | | (1) Bodily injury. If, pursuant to a violation of this | 20 | | Section, a victim
suffered bodily injury, the defendant | 21 | | may be sentenced to an extended-term sentence under | 22 | | Section 5-8-2 of the Unified Code of Corrections. The | 23 | | sentencing court must take into account the time in which | 24 | | the victim was held in servitude, with increased penalties | 25 | | for cases in which the victim was held for between 180 days | 26 | | and one year, and increased penalties for cases in which |
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| 1 | | the victim was held for more than one year. | 2 | | (2) Number of victims. In determining sentences within | 3 | | statutory maximums, the sentencing court should take into | 4 | | account the number of victims, and may provide for | 5 | | substantially increased sentences in cases involving more | 6 | | than 10 victims. | 7 | | (g) Restitution. Restitution is mandatory under this | 8 | | Section. In addition to any other amount of loss identified, | 9 | | the court shall order restitution including the greater of (1) | 10 | | the gross income or value to the defendant of the victim's | 11 | | labor or services or (2) the value of the victim's labor as | 12 | | guaranteed under the Minimum Wage Law and overtime provisions | 13 | | of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, | 14 | | whichever is greater. | 15 | | (g-1) A person who is a victim of involuntary sexual | 16 | | servitude of a minor is deemed a crime victim and is eligible | 17 | | for protections afforded to crime victims, including services | 18 | | under the Rights of Crime Victims and Witnesses Act, the Crime | 19 | | Victims Compensation Act, and the Abused and Neglected Child | 20 | | Reporting Act. | 21 | | (g-5) Fine distribution. If the court imposes a fine under | 22 | | subsection (b), (c), or (d) of this Section, it shall be | 23 | | collected and distributed to the Specialized Services for | 24 | | Survivors of Human Trafficking Fund in accordance with Section | 25 | | 5-9-1.21 of the Unified Code of Corrections. | 26 | | (h) Trafficking victim services. Subject to the |
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| 1 | | availability of funds, the Department of Human Services may | 2 | | provide or fund emergency services and assistance to | 3 | | individuals who are victims of one or more offenses defined in | 4 | | this Section.
These services shall include child welfare | 5 | | protection for victims of the offense of involuntary sexual | 6 | | servitude of a minor under subsection (c) of Section 10-9 of | 7 | | the Criminal Code of 2012, irrespective of the perpetrator of | 8 | | the offense. | 9 | | (i) Certification. The Attorney General, a State's | 10 | | Attorney, or any law enforcement official shall certify in | 11 | | writing to the United States Department of Justice or other | 12 | | federal agency, such as the United States Department of | 13 | | Homeland Security, that an investigation or prosecution under | 14 | | this Section has begun and the individual who is a likely | 15 | | victim of a crime described in this Section is willing to | 16 | | cooperate or is cooperating with the investigation to enable | 17 | | the individual, if eligible under federal law, to qualify for | 18 | | an appropriate special immigrant visa and to access available | 19 | | federal benefits. Cooperation with law enforcement shall not | 20 | | be required of victims of a crime described in this Section who | 21 | | are under 18 years of age. This certification shall be made | 22 | | available to the victim and his or her designated legal | 23 | | representative. | 24 | | (j) A person who commits involuntary servitude, | 25 | | involuntary sexual servitude of a minor, or trafficking in | 26 | | persons under subsection (b), (c), or (d) of this Section is |
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| 1 | | subject to the property forfeiture provisions set forth in | 2 | | Article 124B of the Code of Criminal Procedure of 1963.
| 3 | | (Source: P.A. 101-18, eff. 1-1-20 .) | 4 | | (720 ILCS 5/11-14.1) | 5 | | Sec. 11-14.1. Solicitation of a sexual act. | 6 | | (a) Any person who offers a person not his or her spouse | 7 | | any money,
property, token, object, or article or anything of | 8 | | value for that person or any other person not his or her spouse | 9 | | to
perform any act of sexual penetration as defined in Section | 10 | | 11-0.1 of this Code,
or any touching or fondling of the sex | 11 | | organs of one person by another person
for the purpose of | 12 | | sexual arousal or gratification, commits solicitation of a | 13 | | sexual act. | 14 | | (b) Sentence. Solicitation of a sexual act is a Class A | 15 | | misdemeanor. Solicitation of a sexual act from a person who is | 16 | | under the age of 18 or who is a person with a severe or | 17 | | profound intellectual disability is a Class 4 felony. If the | 18 | | court imposes a fine under this subsection (b), it shall be | 19 | | collected and distributed to the Specialized Services for | 20 | | Survivors of Human Trafficking Fund in accordance with Section | 21 | | 5-9-1.21 of the Unified Code of Corrections. | 22 | | (b-5) (Blank). It is an affirmative defense to a charge of | 23 | | solicitation of a sexual act with a person who is under the age | 24 | | of 18 or who is a person with a severe or profound intellectual | 25 | | disability that the accused reasonably believed the person was |
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| 1 | | of the age of 18 years or over or was not a person with a | 2 | | severe or profound intellectual disability at the time of the | 3 | | act giving rise to the charge. | 4 | | (c) This Section does not apply to a person engaged in | 5 | | prostitution who is under 18 years of age. | 6 | | (d) A person cannot be convicted under this Section if the | 7 | | practice of prostitution underlying the offense consists | 8 | | exclusively of the accused's own acts of prostitution under | 9 | | Section 11-14 of this Code. | 10 | | (Source: P.A. 98-1013, eff. 1-1-15; 99-143, eff. 7-27-15.) | 11 | | (720 ILCS 5/11-18.1) (from Ch. 38, par. 11-18.1) | 12 | | Sec. 11-18.1. Patronizing a minor engaged in prostitution. | 13 | | (a) Any person who
engages in an act of sexual penetration | 14 | | as defined in Section 11-0.1 of this
Code with a person engaged | 15 | | in prostitution who is under 18 years of age or is a person | 16 | | with a severe or profound intellectual disability commits
| 17 | | patronizing a minor engaged in prostitution. | 18 | | (a-5) Any person who engages in any touching or fondling, | 19 | | with a person engaged in prostitution who either is under 18 | 20 | | years of age or is a person with a severe or profound | 21 | | intellectual disability, of the sex organs of one person by | 22 | | the other person, with the intent to achieve sexual arousal or | 23 | | gratification, commits patronizing a minor engaged in | 24 | | prostitution. | 25 | | (b) (Blank). It is an affirmative defense to the charge of |
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| 1 | | patronizing a minor engaged in prostitution
that the accused | 2 | | reasonably believed that the person
was of the age of 18 years | 3 | | or over or was not a person with a severe or profound | 4 | | intellectual disability at the time of the act giving rise to
| 5 | | the charge. | 6 | | (c) Sentence.
A person who commits patronizing a juvenile | 7 | | prostitute is guilty of a Class 3 felony, unless committed | 8 | | within 1,000 feet of real property comprising a school, in | 9 | | which case it is a Class 2 felony. A person convicted of a | 10 | | second or subsequent violation of this Section, or of any | 11 | | combination of such number of convictions under this Section | 12 | | and Sections 11-14 (prostitution), 11-14.1 (solicitation of a | 13 | | sexual act), 11-14.3 (promoting prostitution), 11-14.4 | 14 | | (promoting juvenile prostitution), 11-15 (soliciting for a | 15 | | prostitute), 11-15.1 (soliciting for a juvenile prostitute), | 16 | | 11-16 (pandering), 11-17 (keeping a place of prostitution), | 17 | | 11-17.1 (keeping a place of juvenile prostitution), 11-18 | 18 | | (patronizing a prostitute), 11-19 (pimping), 11-19.1 (juvenile | 19 | | pimping or aggravated juvenile pimping), or 11-19.2 | 20 | | (exploitation of a child) of this Code, is guilty of a Class 2 | 21 | | felony. The fact of such conviction is not an element of the | 22 | | offense and may not be disclosed to the jury during trial | 23 | | unless otherwise permitted by issues properly raised during | 24 | | such trial.
| 25 | | (Source: P.A. 99-143, eff. 7-27-15.)
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| 1 | | (720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
| 2 | | Sec. 11-20.1. Child pornography.
| 3 | | (a) A person commits child pornography who:
| 4 | | (1) films, videotapes, photographs, or otherwise | 5 | | depicts or portrays by
means of any similar visual medium | 6 | | or reproduction or depicts by computer any
child whom he | 7 | | or she knows or reasonably should know to be under the age | 8 | | of 18 or any
person with a severe or profound intellectual | 9 | | disability where such child or person with a severe or | 10 | | profound intellectual disability is:
| 11 | | (i) actually or by simulation engaged in any act | 12 | | of sexual
penetration or sexual conduct
with any | 13 | | person or animal; or
| 14 | | (ii) actually or by simulation engaged in any act | 15 | | of sexual
penetration or sexual conduct
involving the | 16 | | sex organs of the child or person with a severe or | 17 | | profound intellectual disability and the mouth, anus, | 18 | | or sex organs of
another person or animal; or which | 19 | | involves the mouth, anus or sex organs
of the child or | 20 | | person with a severe or profound intellectual | 21 | | disability and the sex organs of another person or | 22 | | animal; or
| 23 | | (iii) actually or by simulation engaged in any act | 24 | | of masturbation; or
| 25 | | (iv) actually or by simulation portrayed as being | 26 | | the object of, or
otherwise engaged in, any act of lewd |
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| 1 | | fondling, touching, or caressing
involving another | 2 | | person or animal; or
| 3 | | (v) actually or by simulation engaged in any act | 4 | | of excretion or
urination within a sexual context; or
| 5 | | (vi) actually or by simulation portrayed or | 6 | | depicted as bound, fettered,
or subject to sadistic, | 7 | | masochistic, or sadomasochistic abuse in any sexual
| 8 | | context; or
| 9 | | (vii) depicted or portrayed in any pose, posture | 10 | | or setting involving
a lewd exhibition of the | 11 | | unclothed or transparently clothed genitals, pubic | 12 | | area, buttocks, or, if
such person is female, a fully | 13 | | or partially developed breast of the child
or other | 14 | | person; or
| 15 | | (2) with the knowledge of the nature or content | 16 | | thereof, reproduces,
disseminates, offers to disseminate, | 17 | | exhibits or possesses with intent to
disseminate any film, | 18 | | videotape, photograph or other similar visual
reproduction | 19 | | or depiction by computer of any child or person with a | 20 | | severe or profound intellectual disability whom the person | 21 | | knows or reasonably should know to be
under the age of 18 | 22 | | or to be a person with a severe or profound intellectual | 23 | | disability,
engaged in any activity described in | 24 | | subparagraphs (i) through (vii) of
paragraph (1) of this | 25 | | subsection; or
| 26 | | (3) with knowledge of the subject matter or theme |
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| 1 | | thereof, produces any
stage play, live performance, film, | 2 | | videotape or other similar visual
portrayal or depiction | 3 | | by computer which
includes a child whom the person knows | 4 | | or reasonably should
know to be under the age of 18 or a | 5 | | person with a severe or profound intellectual disability | 6 | | engaged in any activity described in
subparagraphs (i) | 7 | | through (vii) of paragraph (1) of this subsection; or
| 8 | | (4) solicits, uses, persuades, induces, entices, or | 9 | | coerces any child
whom he or she knows or reasonably | 10 | | should know to be under
the age of 18 or a person with a | 11 | | severe or profound intellectual disability to appear in | 12 | | any stage play, live presentation, film,
videotape, | 13 | | photograph or other similar visual reproduction or | 14 | | depiction
by computer in which the
child or person with a | 15 | | severe or profound intellectual disability
is or will be | 16 | | depicted, actually or by simulation, in any act, pose or
| 17 | | setting described in subparagraphs (i) through (vii) of | 18 | | paragraph (1) of
this subsection; or
| 19 | | (5) is a parent, step-parent, legal guardian or other | 20 | | person having
care or custody
of a child whom the person | 21 | | knows or reasonably should know to be under
the age of 18 | 22 | | or a person with a severe or profound intellectual | 23 | | disability and who knowingly permits, induces, promotes, | 24 | | or arranges
for such child or person with a severe or | 25 | | profound intellectual disability to appear in any stage | 26 | | play, live performance, film, videotape,
photograph or |
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| 1 | | other similar visual presentation, portrayal or simulation | 2 | | or
depiction by computer of any act or activity described | 3 | | in subparagraphs (i)
through (vii) of paragraph (1) of | 4 | | this subsection; or
| 5 | | (6) with knowledge of the nature or content thereof, | 6 | | possesses any film,
videotape, photograph or other similar | 7 | | visual reproduction or depiction by
computer of any child | 8 | | or person with a severe or profound intellectual | 9 | | disability
whom the person knows or reasonably should know | 10 | | to be under the age of 18
or to be a person with a severe | 11 | | or profound intellectual disability, engaged in any | 12 | | activity described in subparagraphs (i) through
(vii) of | 13 | | paragraph (1) of this subsection; or
| 14 | | (7) solicits, or knowingly uses, persuades, induces, | 15 | | entices, or coerces, a person
to provide a child under the | 16 | | age of 18 or a person with a severe or profound | 17 | | intellectual disability to appear in any videotape, | 18 | | photograph, film, stage play, live
presentation, or other | 19 | | similar visual reproduction or depiction by computer
in | 20 | | which the child or person with a severe or profound | 21 | | intellectual disability will be
depicted, actually or by | 22 | | simulation, in any act, pose, or setting described in
| 23 | | subparagraphs (i) through (vii) of paragraph (1) of this | 24 | | subsection.
| 25 | | (a-5) The possession of each individual film, videotape, | 26 | | photograph, or other similar visual reproduction or depiction |
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| 1 | | by computer in violation of this Section constitutes a single | 2 | | and separate violation. This subsection (a-5) does not apply | 3 | | to multiple copies of the same film, videotape, photograph, or | 4 | | other similar visual reproduction or depiction by computer | 5 | | that are identical to each other.
| 6 | | (b)(1) It shall be an affirmative defense to a charge of | 7 | | child
pornography that the defendant reasonably believed, | 8 | | under all of the
circumstances, that the child was 18 years of | 9 | | age or older or that the
person was not a person with a severe | 10 | | or profound intellectual disability but only where, prior to | 11 | | the act or acts giving rise to a
prosecution under this | 12 | | Section, he or she took some affirmative action or made a
| 13 | | bonafide inquiry designed to ascertain whether the child was | 14 | | 18 years of
age or older or that the person was not a person | 15 | | with a severe or profound intellectual disability and his or | 16 | | her reliance upon the information
so obtained was clearly | 17 | | reasonable.
| 18 | | (1.5) Telecommunications carriers, commercial mobile | 19 | | service providers, and providers of information services, | 20 | | including, but not limited to, Internet service providers and | 21 | | hosting service providers, are not liable under this Section | 22 | | by virtue of the transmission, storage, or caching of | 23 | | electronic communications or messages of others or by virtue | 24 | | of the provision of other related telecommunications, | 25 | | commercial mobile services, or information services used by | 26 | | others in violation of this Section.
|
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| 1 | | (2) (Blank).
| 2 | | (3) The charge of child pornography shall not apply to the | 3 | | performance
of official duties by law enforcement or | 4 | | prosecuting officers or persons employed by law enforcement or | 5 | | prosecuting agencies, court personnel
or attorneys, nor to | 6 | | bonafide treatment or professional education programs
| 7 | | conducted by licensed physicians, psychologists or social | 8 | | workers.
| 9 | | (4) If the defendant possessed more than one of the same | 10 | | film,
videotape or visual reproduction or depiction by | 11 | | computer in which child
pornography is depicted, then the | 12 | | trier of fact may infer
that the defendant possessed such
| 13 | | materials with the intent to disseminate them.
| 14 | | (5) The charge of child pornography does not apply to a | 15 | | person who does
not voluntarily possess a film, videotape, or | 16 | | visual reproduction or depiction
by computer in which child | 17 | | pornography is depicted. Possession is voluntary if
the | 18 | | defendant knowingly procures or receives a film, videotape, or | 19 | | visual
reproduction or depiction for a sufficient time to be | 20 | | able to terminate his
or her possession.
| 21 | | (6) Any violation of paragraph (1), (2), (3), (4), (5), or | 22 | | (7) of subsection (a) that includes a child engaged in, | 23 | | solicited for, depicted in, or posed in any act of sexual | 24 | | penetration or bound, fettered, or subject to sadistic, | 25 | | masochistic, or sadomasochistic abuse in a sexual context | 26 | | shall be deemed a crime of violence. |
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| 1 | | (c) If the violation does not involve a film, videotape, | 2 | | or other moving depiction, a violation of paragraph (1), (4), | 3 | | (5), (6), or (7) of subsection (a) is a
Class 1 felony with a | 4 | | mandatory minimum fine of $2,000 and a maximum fine of
| 5 | | $100,000. If the violation involves a film, videotape, or | 6 | | other moving depiction, a violation of paragraph (1), (4), | 7 | | (5), (6), or (7) of subsection (a) is a
Class X felony with a | 8 | | mandatory minimum fine of $2,000 and a maximum fine of
| 9 | | $100,000. If the violation does not involve a film, videotape, | 10 | | or other moving depiction, a violation of paragraph (3) of | 11 | | subsection (a) is a Class 1 felony
with a mandatory minimum | 12 | | fine of $1500 and a maximum fine of $100,000. If the violation | 13 | | involves a film, videotape, or other moving depiction, a | 14 | | violation of paragraph (3) of subsection (a) is a Class X | 15 | | felony
with a mandatory minimum fine of $1500 and a maximum | 16 | | fine of $100,000.
If the violation does not involve a film, | 17 | | videotape, or other moving depiction, a violation
of paragraph | 18 | | (2) of subsection (a) is a Class 1 felony with a
mandatory | 19 | | minimum fine of $1000 and a maximum fine of $100,000. If the | 20 | | violation involves a film, videotape, or other moving | 21 | | depiction, a violation of paragraph (2) of subsection (a) is a | 22 | | Class X felony with a
mandatory minimum fine of $1000 and a | 23 | | maximum fine of $100,000. If the violation does not involve a | 24 | | film, videotape, or other moving depiction, a violation of
| 25 | | paragraph (6) of subsection (a) is a Class 3 felony with a | 26 | | mandatory
minimum fine of $1000 and a maximum fine of |
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| 1 | | $100,000. If the violation involves a film, videotape, or | 2 | | other moving depiction, a violation of
paragraph (6) of | 3 | | subsection (a) is a Class 2 felony with a mandatory
minimum | 4 | | fine of $1000 and a maximum fine of $100,000.
| 5 | | (c-5) Where the child depicted is under the age of 13, a | 6 | | violation of paragraph (1), (2), (3), (4), (5), or (7) of | 7 | | subsection (a) is a Class X felony with a mandatory minimum | 8 | | fine of $2,000 and a maximum fine of $100,000. Where the child | 9 | | depicted is under the age of 13, a violation of paragraph (6) | 10 | | of subsection (a) is a Class 2 felony with a mandatory minimum | 11 | | fine of $1,000 and a maximum fine of $100,000. Where the child | 12 | | depicted is under the age of 13, a person who commits a | 13 | | violation of paragraph (1), (2), (3), (4), (5), or (7) of | 14 | | subsection (a) where the defendant has previously been | 15 | | convicted under the laws of this State or any other state of | 16 | | the offense of child pornography, aggravated child | 17 | | pornography, aggravated criminal sexual abuse, aggravated | 18 | | criminal sexual assault, predatory criminal sexual assault of | 19 | | a child, or any of the offenses formerly known as rape, deviate | 20 | | sexual assault, indecent liberties with a child, or aggravated | 21 | | indecent liberties with a child where the victim was under the | 22 | | age of 18 years or an offense that is substantially equivalent | 23 | | to those offenses, is guilty of a Class X felony for which the | 24 | | person shall be sentenced to a term of imprisonment of not less | 25 | | than 9 years with a mandatory minimum fine of $2,000 and a | 26 | | maximum fine of $100,000.
Where the child depicted is under |
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| 1 | | the age of 13, a person who commits a violation of paragraph | 2 | | (6) of subsection (a) where the defendant has previously been | 3 | | convicted under the laws of this State or any other state of | 4 | | the offense of child pornography, aggravated child | 5 | | pornography, aggravated criminal sexual abuse, aggravated | 6 | | criminal sexual assault, predatory criminal sexual assault of | 7 | | a child, or any of the offenses formerly known as rape, deviate | 8 | | sexual assault, indecent liberties with a child, or aggravated | 9 | | indecent liberties with a child where the victim was under the | 10 | | age of 18 years or an offense that is substantially equivalent | 11 | | to those offenses, is guilty of a Class X 1 felony with a | 12 | | mandatory minimum fine of $2,000 $1,000 and a maximum fine of | 13 | | $100,000. The issue of whether the child depicted is under the | 14 | | age of 13 is an element of the offense to be resolved by the | 15 | | trier of fact. | 16 | | (d) If a person is convicted of a second or subsequent | 17 | | violation of
this Section within 10 years of a prior | 18 | | conviction, the court shall order a
presentence psychiatric | 19 | | examination of the person. The examiner shall report
to the | 20 | | court whether treatment of the person is necessary.
| 21 | | (e) Any film, videotape, photograph or other similar | 22 | | visual reproduction
or depiction by computer which includes a | 23 | | child under the age of 18 or a
person with a severe or profound | 24 | | intellectual disability engaged in any activity
described in | 25 | | subparagraphs (i) through (vii) or paragraph 1 of subsection
| 26 | | (a), and any material or equipment used or intended for use in |
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| 1 | | photographing,
filming, printing, producing, reproducing, | 2 | | manufacturing, projecting,
exhibiting, depiction by computer, | 3 | | or disseminating such material shall be
seized and forfeited | 4 | | in the manner, method and procedure provided by Section
36-1 | 5 | | of this Code for the seizure and forfeiture of vessels, | 6 | | vehicles and
aircraft.
| 7 | | In addition, any person convicted under this Section is | 8 | | subject to the property forfeiture provisions set forth in | 9 | | Article 124B of the Code of Criminal Procedure of 1963. | 10 | | (e-5) Upon the conclusion of a case brought under this | 11 | | Section, the court
shall seal all evidence depicting a victim | 12 | | or witness that is sexually
explicit. The evidence may be | 13 | | unsealed and viewed, on a motion of the party
seeking to unseal | 14 | | and view the evidence, only for good cause shown and in the
| 15 | | discretion of the court. The motion must expressly set forth | 16 | | the purpose for
viewing the material. The State's attorney and | 17 | | the victim, if possible, shall
be provided reasonable notice | 18 | | of the hearing on the motion to unseal the
evidence. Any person | 19 | | entitled to notice of a hearing under this subsection
(e-5) | 20 | | may object to the motion.
| 21 | | (f) Definitions. For the purposes of this Section:
| 22 | | (1) "Disseminate" means (i) to sell, distribute, | 23 | | exchange or transfer
possession, whether with or without | 24 | | consideration or (ii) to make a depiction
by computer | 25 | | available for distribution or downloading through the | 26 | | facilities
of any telecommunications network or through |
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| 1 | | any other means of transferring
computer programs or data | 2 | | to a computer.
| 3 | | (2) "Produce" means to direct, promote, advertise, | 4 | | publish, manufacture,
issue, present or show.
| 5 | | (3) "Reproduce" means to make a duplication or copy.
| 6 | | (4) "Depict by computer" means to generate or create, | 7 | | or cause to be
created or generated, a computer program or | 8 | | data that, after being processed by
a computer either | 9 | | alone or in conjunction with one or more computer | 10 | | programs,
results in a visual depiction on a computer | 11 | | monitor, screen, or display.
| 12 | | (5) "Depiction by computer" means a computer program | 13 | | or data that, after
being processed by a computer either | 14 | | alone or in conjunction with one or more
computer | 15 | | programs, results in a visual depiction on a computer | 16 | | monitor, screen,
or display.
| 17 | | (6) "Computer", "computer program", and "data" have | 18 | | the meanings
ascribed to them in Section 17.05 of this | 19 | | Code.
| 20 | | (7) For the purposes of this Section, "child | 21 | | pornography" includes a film, videotape, photograph, or | 22 | | other similar
visual medium or reproduction or depiction | 23 | | by computer that is, or appears to
be, that of a person, | 24 | | either in part, or in total, under the age of 18 or a | 25 | | person with a severe or profound intellectual disability,
| 26 | | regardless of the method by which the film, videotape, |
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| 1 | | photograph, or other
similar visual medium or reproduction | 2 | | or depiction by computer is created,
adopted, or modified | 3 | | to appear as such. "Child pornography" also includes a | 4 | | film,
videotape, photograph, or other similar visual | 5 | | medium or reproduction or
depiction by computer that is | 6 | | advertised, promoted, presented, described, or
distributed | 7 | | in such a manner that conveys the impression that the | 8 | | film,
videotape, photograph, or other similar visual | 9 | | medium or reproduction or
depiction by computer is of a | 10 | | person under the age of 18 or a person with a severe or | 11 | | profound intellectual disability.
| 12 | | (g) Re-enactment; findings; purposes.
| 13 | | (1) The General Assembly finds and declares that:
| 14 | | (i) Section 50-5 of Public Act 88-680, effective | 15 | | January 1, 1995,
contained provisions amending the | 16 | | child pornography statute, Section 11-20.1
of the | 17 | | Criminal Code of 1961. Section 50-5 also contained | 18 | | other provisions.
| 19 | | (ii) In addition, Public Act 88-680 was entitled | 20 | | "AN ACT to create a
Safe Neighborhoods Law". (A) | 21 | | Article 5 was entitled JUVENILE JUSTICE and
amended | 22 | | the Juvenile Court Act of 1987. (B) Article 15 was | 23 | | entitled GANGS and
amended various provisions of the | 24 | | Criminal Code of 1961 and the Unified Code
of | 25 | | Corrections. (C) Article 20 was entitled ALCOHOL ABUSE | 26 | | and amended various
provisions of the Illinois Vehicle |
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| 1 | | Code. (D) Article 25 was entitled DRUG
ABUSE and | 2 | | amended the Cannabis Control Act and the Illinois | 3 | | Controlled
Substances Act. (E) Article 30 was entitled | 4 | | FIREARMS and amended the Criminal
Code of 1961 and the | 5 | | Code of Criminal Procedure of 1963. (F) Article 35
| 6 | | amended the Criminal Code of 1961, the Rights of Crime | 7 | | Victims and Witnesses
Act, and the Unified Code of | 8 | | Corrections. (G) Article 40 amended the Criminal
Code | 9 | | of 1961 to increase the penalty for compelling | 10 | | organization membership of
persons. (H) Article 45 | 11 | | created the Secure Residential Youth Care Facility
| 12 | | Licensing Act and amended the State Finance Act, the | 13 | | Juvenile Court Act of
1987, the Unified Code of | 14 | | Corrections, and the Private Correctional Facility
| 15 | | Moratorium Act. (I) Article 50 amended the WIC Vendor | 16 | | Management Act, the
Firearm Owners Identification Card | 17 | | Act, the Juvenile Court Act of 1987, the
Criminal Code | 18 | | of 1961, the Wrongs to Children Act, and the Unified | 19 | | Code of
Corrections.
| 20 | | (iii) On September 22, 1998, the Third District | 21 | | Appellate Court in
People v. Dainty, 701 N.E. 2d 118, | 22 | | ruled that Public Act 88-680 violates the
single | 23 | | subject clause of the Illinois Constitution (Article | 24 | | IV, Section 8 (d))
and was unconstitutional in its | 25 | | entirety. As of the time this amendatory Act
of 1999 | 26 | | was prepared, People v. Dainty was still subject to |
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| 1 | | appeal.
| 2 | | (iv) Child pornography is a vital concern to the | 3 | | people of this State
and the validity of future | 4 | | prosecutions under the child pornography statute of
| 5 | | the Criminal Code of 1961 is in grave doubt.
| 6 | | (2) It is the purpose of this amendatory Act of 1999 to | 7 | | prevent or
minimize any problems relating to prosecutions | 8 | | for child pornography that may
result from challenges to | 9 | | the constitutional validity of Public Act 88-680 by
| 10 | | re-enacting the Section relating to child pornography that | 11 | | was included in
Public Act 88-680.
| 12 | | (3) This amendatory Act of 1999 re-enacts Section | 13 | | 11-20.1 of the
Criminal Code of 1961, as it has been | 14 | | amended. This re-enactment is intended
to remove any | 15 | | question as to the validity or content of that Section; it | 16 | | is not
intended to supersede any other Public Act that | 17 | | amends the text of the Section
as set forth in this | 18 | | amendatory Act of 1999. The material is shown as existing
| 19 | | text (i.e., without underscoring) because, as of the time | 20 | | this amendatory Act
of 1999 was prepared, People v. Dainty | 21 | | was subject to appeal to the Illinois
Supreme Court.
| 22 | | (4) The re-enactment by this amendatory Act of 1999 of | 23 | | Section 11-20.1 of
the Criminal Code of 1961 relating to | 24 | | child pornography that was amended by
Public Act 88-680 is | 25 | | not intended, and shall not be construed, to imply that
| 26 | | Public Act 88-680 is invalid or to limit or impair any |
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| 1 | | legal argument
concerning whether those provisions were | 2 | | substantially re-enacted by other
Public Acts.
| 3 | | (Source: P.A. 101-87, eff. 1-1-20 .)
| 4 | | (720 ILCS 5/11-25) | 5 | | Sec. 11-25. Grooming. | 6 | | (a) A person commits grooming when he or she knowingly | 7 | | uses a computer on-line service, Internet service, local | 8 | | bulletin board service, or any other device capable of | 9 | | electronic data storage or transmission to seduce, solicit, | 10 | | lure, or entice, or attempt to seduce, solicit, lure, or | 11 | | entice, a child, a child's guardian, or another person | 12 | | believed by the person to be a child or a child's guardian, to | 13 | | commit any sex offense as defined in Section 2 of the Sex | 14 | | Offender Registration Act, to distribute photographs depicting | 15 | | the sex organs of the child, or to otherwise engage in any | 16 | | unlawful sexual conduct with a child or with another person | 17 | | believed by the person to be a child. As used in this Section, | 18 | | "child" means a person under 17 years of age. | 19 | | (a-5) It is not a defense to a violation of this Section | 20 | | that the accused reasonably believed the child to be 17 years | 21 | | of age or over. | 22 | | (b) Sentence. Grooming is a Class 4 felony.
| 23 | | (Source: P.A. 100-428, eff. 1-1-18 .) | 24 | | (720 ILCS 5/11-27 new) |
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| 1 | | Sec. 11-27. Selling travel services to facilitate sexual | 2 | | exploitation of a child. | 3 | | (a) In this Section, "child" means a person under 17 years | 4 | | of age. | 5 | | (b) A person commits selling travel services to facilitate | 6 | | sexual exploitation of a child when he or she knowingly sells | 7 | | or offers to sell travel services for the purpose of seducing, | 8 | | soliciting, luring, or enticing, or attempting to seduce, | 9 | | solicit, lure, or entice a person to travel to a location | 10 | | within this State to commit any sex offense as defined in | 11 | | Section 2 of the Sex Offender Registration Act, to distribute | 12 | | photographs depicting the sex organs of the child, or to | 13 | | otherwise engage in any unlawful sexual conduct with a child | 14 | | or with another person believed by the person to be a child. | 15 | | (c) Sentence. Selling travel services to facilitate sexual | 16 | | exploitation of a child is a Class 4 felony. | 17 | | Section 25. The Code of Criminal Procedure of 1963 is | 18 | | amended by changing Section 116-2.1 as follows: | 19 | | (725 ILCS 5/116-2.1) | 20 | | Sec. 116-2.1. Motion to vacate prostitution convictions | 21 | | for sex trafficking victims. | 22 | | (a) A motion under this Section may be filed at any time | 23 | | following the entry of a verdict or finding of guilty or an | 24 | | adjudication of delinquency under the Juvenile Court Act of |
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| 1 | | 1987 where the conviction was under Section 11-14 | 2 | | (prostitution) or Section 11-14.2 (first offender; felony | 3 | | prostitution) of the Criminal Code of 1961 or the Criminal | 4 | | Code of 2012 or a similar local ordinance and the defendant's | 5 | | participation in the offense was a result of having been a | 6 | | trafficking victim under Section 10-9 (involuntary servitude, | 7 | | involuntary sexual servitude of a minor, or trafficking in | 8 | | persons) of the Criminal Code of 1961 or the Criminal Code of | 9 | | 2012; or a victim of a severe form of trafficking under the | 10 | | federal Trafficking Victims Protection Act (22 U.S.C. Section | 11 | | 7102(13)); provided that: | 12 | | (1) a motion under this Section shall state why the | 13 | | facts giving rise to this motion were not presented to the | 14 | | trial court, and shall be made with due diligence, after | 15 | | the defendant has ceased to be a victim of such | 16 | | trafficking or has sought services for victims of such | 17 | | trafficking, subject to reasonable concerns for the safety | 18 | | of the defendant, family members of the defendant, or | 19 | | other victims of such trafficking that may be jeopardized | 20 | | by the bringing of such motion, or for other reasons | 21 | | consistent with the purpose of this Section; and | 22 | | (2) reasonable notice of the motion shall be served | 23 | | upon the State. | 24 | | (b) The court may grant the motion if, in the discretion of | 25 | | the court, the violation was a result of the defendant having | 26 | | been a victim of human trafficking. Evidence of such may |
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| 1 | | include, but is not limited to: | 2 | | (1) certified records of federal or State court | 3 | | proceedings which demonstrate that the defendant was a | 4 | | victim of a trafficker charged with a trafficking offense | 5 | | under Section 10-9 of the Criminal Code of 1961 or the | 6 | | Criminal Code of 2012, or under 22 U.S.C. Chapter 78; | 7 | | (2) certified records of "approval notices" or "law | 8 | | enforcement certifications" generated from federal | 9 | | immigration proceedings available to such victims; or | 10 | | (3) a sworn statement from a trained professional | 11 | | staff of a victim services organization, an attorney, a | 12 | | member of the clergy, or a medical or other professional | 13 | | from whom the defendant has sought assistance in | 14 | | addressing the trauma associated with being trafficked. | 15 | | Alternatively, the court may consider such other evidence | 16 | | as it deems of sufficient credibility and probative value in | 17 | | determining whether the defendant is a trafficking victim or | 18 | | victim of a severe form of trafficking. | 19 | | (c) If the court grants a motion under this Section, it | 20 | | must vacate the conviction and may take such additional action | 21 | | as is appropriate in the circumstances.
| 22 | | (Source: P.A. 97-267, eff. 1-1-12; 97-897, eff. 1-1-13; | 23 | | 97-1150, eff. 1-25-13.) | 24 | | Section 30. The Sex Offender Registration Act is amended | 25 | | by changing Section 2 as follows:
|
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| 1 | | (730 ILCS 150/2) (from Ch. 38, par. 222)
| 2 | | Sec. 2. Definitions.
| 3 | | (A) As used in this Article, "sex offender" means any | 4 | | person who is:
| 5 | | (1) charged pursuant to Illinois law, or any | 6 | | substantially similar
federal, Uniform Code of Military | 7 | | Justice, sister state, or foreign country
law,
with a sex | 8 | | offense set forth
in subsection (B) of this Section or the | 9 | | attempt to commit an included sex
offense, and:
| 10 | | (a) is convicted of such offense or an attempt to | 11 | | commit such offense;
or
| 12 | | (b) is found not guilty by reason of insanity of | 13 | | such offense or an
attempt to commit such offense; or
| 14 | | (c) is found not guilty by reason of insanity | 15 | | pursuant to Section
104-25(c) of the Code of Criminal | 16 | | Procedure of 1963 of such offense or an
attempt to | 17 | | commit such offense; or
| 18 | | (d) is the subject of a finding not resulting in an | 19 | | acquittal at a
hearing conducted pursuant to Section | 20 | | 104-25(a) of the Code of Criminal
Procedure of 1963 | 21 | | for the alleged commission or attempted commission of | 22 | | such
offense; or
| 23 | | (e) is found not guilty by reason of insanity | 24 | | following a hearing
conducted pursuant to a federal, | 25 | | Uniform Code of Military Justice, sister
state, or |
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| 1 | | foreign country law
substantially similar to Section | 2 | | 104-25(c) of the Code of Criminal Procedure
of 1963 of | 3 | | such offense or of the attempted commission of such | 4 | | offense; or
| 5 | | (f) is the subject of a finding not resulting in an | 6 | | acquittal at a
hearing conducted pursuant to a | 7 | | federal, Uniform Code of Military Justice,
sister | 8 | | state, or foreign country law
substantially similar to | 9 | | Section 104-25(a) of the Code of Criminal Procedure
of | 10 | | 1963 for the alleged violation or attempted commission | 11 | | of such offense;
or
| 12 | | (2) declared as a sexually dangerous person pursuant | 13 | | to the Illinois
Sexually Dangerous Persons Act, or any | 14 | | substantially similar federal, Uniform
Code of Military | 15 | | Justice, sister
state, or foreign country law; or
| 16 | | (3) subject to the provisions of Section 2 of the | 17 | | Interstate
Agreements on Sexually Dangerous Persons Act; | 18 | | or
| 19 | | (4) found to be a sexually violent person pursuant to | 20 | | the Sexually
Violent Persons Commitment Act or any | 21 | | substantially similar federal, Uniform
Code of Military | 22 | | Justice, sister
state, or foreign country law; or
| 23 | | (5) adjudicated a juvenile delinquent as the result of | 24 | | committing or
attempting to commit an act which, if | 25 | | committed by an adult, would constitute
any of the | 26 | | offenses specified in item (B), (C), or (C-5) of this |
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| 1 | | Section or a
violation of any substantially similar | 2 | | federal, Uniform Code of Military
Justice, sister state, | 3 | | or foreign
country law, or found guilty under Article V of | 4 | | the Juvenile Court Act of 1987
of committing or attempting | 5 | | to commit an act which, if committed by an adult,
would | 6 | | constitute any of the offenses specified in item (B), (C), | 7 | | or (C-5) of
this Section or a violation of any | 8 | | substantially similar federal, Uniform Code
of Military | 9 | | Justice, sister state,
or foreign country law.
| 10 | | Convictions that result from or are connected with the | 11 | | same act, or result
from offenses committed at the same time, | 12 | | shall be counted for the purpose of
this Article as one | 13 | | conviction. Any conviction set aside pursuant to law is
not a | 14 | | conviction for purposes of this Article.
| 15 | |
For purposes of this Section, "convicted" shall have the | 16 | | same meaning as
"adjudicated".
| 17 | | (B) As used in this Article, "sex offense" means:
| 18 | | (1) A violation of any of the following Sections of | 19 | | the Criminal Code of
1961 or the Criminal Code of 2012:
| 20 | | 10-9 (trafficking in persons, involuntary | 21 | | servitude, and related offenses), | 22 | | 11-20.1 (child pornography),
| 23 | | 11-20.1B or 11-20.3 (aggravated child | 24 | | pornography),
| 25 | | 11-6 (indecent solicitation of a child),
| 26 | | 11-9.1 (sexual exploitation of a child),
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| 1 | | 11-9.2 (custodial sexual misconduct),
| 2 | | 11-9.5 (sexual misconduct with a person with a | 3 | | disability), | 4 | | 11-14.4 (promoting juvenile prostitution), | 5 | | 11-15.1 (soliciting for a juvenile prostitute),
| 6 | | 11-18.1 (patronizing a juvenile prostitute),
| 7 | | 11-17.1 (keeping a place of juvenile | 8 | | prostitution),
| 9 | | 11-19.1 (juvenile pimping),
| 10 | | 11-19.2 (exploitation of a child),
| 11 | | 11-25 (grooming), | 12 | | 11-26 (traveling to meet a minor or traveling to | 13 | | meet a child), | 14 | | 11-1.20 or 12-13 (criminal sexual assault),
| 15 | | 11-1.30 or 12-14 (aggravated criminal sexual | 16 | | assault),
| 17 | | 11-1.40 or 12-14.1 (predatory criminal sexual | 18 | | assault of a child),
| 19 | | 11-1.50 or 12-15 (criminal sexual abuse),
| 20 | | 11-1.60 or 12-16 (aggravated criminal sexual | 21 | | abuse),
| 22 | | 12-33 (ritualized abuse of a child).
| 23 | | An attempt to commit any of these offenses.
| 24 | | (1.5)
A violation of any of the following Sections of | 25 | | the
Criminal Code of 1961 or the Criminal Code of 2012, | 26 | | when the victim is a person under 18 years of age, the
|
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| 1 | | defendant is not a parent of the victim, the offense was | 2 | | sexually motivated as defined in Section 10 of the Sex | 3 | | Offender Evaluation and Treatment Act, and the offense was | 4 | | committed on or
after January 1, 1996:
| 5 | | 10-1 (kidnapping),
| 6 | | 10-2 (aggravated kidnapping),
| 7 | | 10-3 (unlawful restraint),
| 8 | | 10-3.1 (aggravated unlawful restraint).
| 9 | | If the offense was committed before January 1, 1996, | 10 | | it is a sex offense requiring registration only when the | 11 | | person is convicted of any felony after July 1, 2011, and | 12 | | paragraph (2.1) of subsection (c) of Section 3 of this Act | 13 | | applies. | 14 | | (1.6)
First degree murder under Section 9-1 of the | 15 | | Criminal Code of 1961 or the Criminal Code of 2012,
| 16 | | provided the offense was sexually motivated as defined in | 17 | | Section 10 of the Sex Offender Management Board Act.
| 18 | | (1.7) (Blank).
| 19 | | (1.8) A violation or attempted violation of Section | 20 | | 11-11 (sexual
relations within families) of the Criminal | 21 | | Code of 1961 or the Criminal Code of 2012, and the offense | 22 | | was committed on or after
June 1, 1997. If the offense was | 23 | | committed before June 1, 1997, it is a sex offense | 24 | | requiring registration only when the person is convicted | 25 | | of any felony after July 1, 2011, and paragraph (2.1) of | 26 | | subsection (c) of Section 3 of this Act applies.
|
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| 1 | | (1.9) Child abduction under paragraph (10) of | 2 | | subsection
(b) of Section 10-5 of the Criminal Code of | 3 | | 1961 or the Criminal Code of 2012 committed by luring or
| 4 | | attempting to lure a child under the age of 16 into a motor | 5 | | vehicle, building,
house trailer, or dwelling place | 6 | | without the consent of the parent or lawful
custodian of | 7 | | the child for other than a lawful purpose and the offense | 8 | | was
committed on or after January 1, 1998, provided the | 9 | | offense was sexually motivated as defined in Section 10 of | 10 | | the Sex Offender Management Board Act. If the offense was | 11 | | committed before January 1, 1998, it is a sex offense | 12 | | requiring registration only when the person is convicted | 13 | | of any felony after July 1, 2011, and paragraph (2.1) of | 14 | | subsection (c) of Section 3 of this Act applies.
| 15 | | (1.10) A violation or attempted violation of any of | 16 | | the following Sections
of the Criminal Code of 1961 or the | 17 | | Criminal Code of 2012 when the offense was committed on or | 18 | | after July
1, 1999:
| 19 | | 10-4 (forcible detention, if the victim is under | 20 | | 18 years of age), provided the offense was sexually | 21 | | motivated as defined in Section 10 of the Sex Offender | 22 | | Management Board Act,
| 23 | | 11-6.5 (indecent solicitation of an adult),
| 24 | | 11-14.3 that involves soliciting for a prostitute, | 25 | | or 11-15 (soliciting for a prostitute, if the victim | 26 | | is under 18 years
of age),
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| 1 | | subdivision (a)(2)(A) or (a)(2)(B) of Section | 2 | | 11-14.3, or Section 11-16 (pandering, if the victim is | 3 | | under 18 years of age),
| 4 | | 11-18 (patronizing a prostitute, if the victim is | 5 | | under 18 years
of age),
| 6 | | subdivision (a)(2)(C) of Section 11-14.3, or | 7 | | Section 11-19 (pimping, if the victim is under 18 | 8 | | years of age).
| 9 | | If the offense was committed before July 1, 1999, it | 10 | | is a sex offense requiring registration only when the | 11 | | person is convicted of any felony after July 1, 2011, and | 12 | | paragraph (2.1) of subsection (c) of Section 3 of this Act | 13 | | applies. | 14 | | (1.11) A violation or attempted violation of any of | 15 | | the following
Sections of the Criminal Code of 1961 or the | 16 | | Criminal Code of 2012 when the offense was committed on or
| 17 | | after August 22, 2002:
| 18 | | 11-9 or 11-30 (public indecency for a third or | 19 | | subsequent conviction). | 20 | | If the third or subsequent conviction was imposed | 21 | | before August 22, 2002, it is a sex offense requiring | 22 | | registration only when the person is convicted of any | 23 | | felony after July 1, 2011, and paragraph (2.1) of | 24 | | subsection (c) of Section 3 of this Act applies.
| 25 | | (1.12) A violation or attempted violation of Section
| 26 | | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the |
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| 1 | | Criminal Code of 1961 or the Criminal Code of 2012 | 2 | | (permitting sexual abuse) when the
offense was committed | 3 | | on or after August 22, 2002. If the offense was committed | 4 | | before August 22, 2002, it is a sex offense requiring | 5 | | registration only when the person is convicted of any | 6 | | felony after July 1, 2011, and paragraph (2.1) of | 7 | | subsection (c) of Section 3 of this Act applies.
| 8 | | (2) A violation of any former law of this State | 9 | | substantially equivalent
to any offense listed in | 10 | | subsection (B) of this Section.
| 11 | | (C) A conviction for an offense of federal law, Uniform | 12 | | Code of Military
Justice, or the law of another state
or a | 13 | | foreign country that is substantially equivalent to any | 14 | | offense listed
in subsections (B), (C), (E), and (E-5) of this | 15 | | Section shall
constitute a
conviction for the purpose
of this | 16 | | Article. A finding or adjudication as a sexually dangerous | 17 | | person
or a sexually violent person under any federal law, | 18 | | Uniform Code of Military
Justice, or the law of another state | 19 | | or
foreign country that is substantially equivalent to the | 20 | | Sexually Dangerous
Persons Act or the Sexually Violent Persons | 21 | | Commitment Act shall constitute an
adjudication for the | 22 | | purposes of this Article.
| 23 | | (C-5) A person at least 17 years of age at the time of the | 24 | | commission of
the offense who is convicted of first degree | 25 | | murder under Section 9-1 of the
Criminal Code of 1961 or the | 26 | | Criminal Code of 2012, against a person
under 18 years of age, |
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| 1 | | shall be required to register
for natural life.
A conviction | 2 | | for an offense of federal, Uniform Code of Military Justice,
| 3 | | sister state, or foreign country law that is substantially | 4 | | equivalent to any
offense listed in subsection (C-5) of this | 5 | | Section shall constitute a
conviction for the purpose of this | 6 | | Article. This subsection (C-5) applies to a person who | 7 | | committed the offense before June 1, 1996 if: (i) the person is | 8 | | incarcerated in an Illinois Department of Corrections facility | 9 | | on August 20, 2004 (the effective date of Public Act 93-977), | 10 | | or (ii) subparagraph (i) does not apply and the person is | 11 | | convicted of any felony after July 1, 2011, and paragraph | 12 | | (2.1) of subsection (c) of Section 3 of this Act applies.
| 13 | | (C-6) A person who is convicted or adjudicated delinquent | 14 | | of first degree murder as defined in Section 9-1 of the | 15 | | Criminal Code of 1961 or the Criminal Code of 2012, against a | 16 | | person 18 years of age or over, shall be required to register | 17 | | for his or her natural life. A conviction for an offense of | 18 | | federal, Uniform Code of Military Justice, sister state, or | 19 | | foreign country law that is substantially equivalent to any | 20 | | offense listed in subsection (C-6) of this Section shall | 21 | | constitute a conviction for the purpose of this Article. This | 22 | | subsection (C-6) does not apply to those individuals released | 23 | | from incarceration more than 10 years prior to January 1, 2012 | 24 | | (the effective date of Public Act 97-154). | 25 | | (D) As used in this Article, "law enforcement agency | 26 | | having jurisdiction"
means the Chief of Police in each of the |
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| 1 | | municipalities in which the sex offender
expects to reside, | 2 | | work, or attend school (1) upon his or her discharge,
parole or | 3 | | release or
(2) during the service of his or her sentence of | 4 | | probation or conditional
discharge, or the Sheriff of the | 5 | | county, in the event no Police Chief exists
or if the offender | 6 | | intends to reside, work, or attend school in an
unincorporated | 7 | | area.
"Law enforcement agency having jurisdiction" includes | 8 | | the location where
out-of-state students attend school and | 9 | | where out-of-state employees are
employed or are otherwise | 10 | | required to register.
| 11 | | (D-1) As used in this Article, "supervising officer" means | 12 | | the assigned Illinois Department of Corrections parole agent | 13 | | or county probation officer. | 14 | | (E) As used in this Article, "sexual predator" means any | 15 | | person who,
after July 1, 1999, is:
| 16 | | (1) Convicted for an offense of federal, Uniform Code | 17 | | of Military
Justice, sister state, or foreign country law | 18 | | that is substantially equivalent
to any offense listed in | 19 | | subsection (E) or (E-5) of this Section shall constitute a
| 20 | | conviction for the purpose of this Article.
Convicted of a | 21 | | violation or attempted violation of any of the following
| 22 | | Sections of the
Criminal Code of 1961 or the Criminal Code | 23 | | of 2012:
| 24 | | 10-5.1 (luring of a minor), | 25 | | 11-14.4 that involves keeping a place of juvenile | 26 | | prostitution, or 11-17.1 (keeping a place of juvenile |
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| 1 | | prostitution),
| 2 | | subdivision (a)(2) or (a)(3) of Section 11-14.4, | 3 | | or Section 11-19.1 (juvenile pimping),
| 4 | | subdivision (a)(4) of Section 11-14.4, or Section | 5 | | 11-19.2 (exploitation of a child),
| 6 | | 11-20.1 (child pornography),
| 7 | | 11-20.1B or 11-20.3 (aggravated child | 8 | | pornography), | 9 | | 11-1.20 or 12-13 (criminal sexual assault),
| 10 | | 11-1.30 or 12-14 (aggravated criminal sexual | 11 | | assault),
| 12 | | 11-1.40 or 12-14.1 (predatory criminal sexual | 13 | | assault of a child),
| 14 | | 11-1.60 or 12-16 (aggravated criminal sexual | 15 | | abuse),
| 16 | | 12-33 (ritualized abuse of a child);
| 17 | | (2) (blank);
| 18 | | (3) declared as a sexually dangerous person pursuant | 19 | | to the Sexually
Dangerous Persons Act or any substantially | 20 | | similar federal, Uniform Code of
Military Justice, sister | 21 | | state, or
foreign country law;
| 22 | | (4) found to be a sexually violent person pursuant to | 23 | | the Sexually Violent
Persons Commitment Act or any | 24 | | substantially similar federal, Uniform Code of
Military | 25 | | Justice, sister state, or
foreign country law;
| 26 | | (5) convicted of a second or subsequent offense which |
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| 1 | | requires
registration pursuant to this Act. For purposes | 2 | | of this paragraph
(5), "convicted" shall include a | 3 | | conviction under any
substantially similar
Illinois, | 4 | | federal, Uniform Code of Military Justice, sister state, | 5 | | or
foreign country law;
| 6 | | (6) (blank); or | 7 | | (7) if the person was convicted of an offense set | 8 | | forth in this subsection (E) on or before July 1, 1999, the | 9 | | person is a sexual predator for whom registration is | 10 | | required only when the person is convicted of a felony | 11 | | offense after July 1, 2011, and paragraph (2.1) of | 12 | | subsection (c) of Section 3 of this Act applies. | 13 | | (E-5) As used in this Article, "sexual predator" also | 14 | | means a person convicted of a violation or attempted violation | 15 | | of any of the following
Sections of the
Criminal Code of 1961 | 16 | | or the Criminal Code of 2012: | 17 | | (1) Section 9-1 (first degree murder,
when the victim | 18 | | was a person under 18 years of age and the defendant was at | 19 | | least
17 years of age at the time of the commission of the | 20 | | offense, provided the offense was sexually motivated as | 21 | | defined in Section 10 of the Sex Offender Management Board | 22 | | Act); | 23 | | (2) Section 11-9.5 (sexual misconduct with a person | 24 | | with a disability); | 25 | | (3) when the victim is a person under 18 years of age, | 26 | | the
defendant is not a parent of the victim, the offense |
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| 1 | | was sexually motivated as defined in Section 10 of the Sex | 2 | | Offender Management Board Act, and the offense was | 3 | | committed on or
after January 1, 1996: (A) Section 10-1 | 4 | | (kidnapping), (B) Section 10-2 (aggravated kidnapping), | 5 | | (C) Section 10-3 (unlawful restraint), and (D) Section | 6 | | 10-3.1 (aggravated unlawful restraint); and | 7 | | (4) Section 10-5(b)(10) (child abduction committed by | 8 | | luring or
attempting to lure a child under the age of 16 | 9 | | into a motor vehicle, building,
house trailer, or dwelling | 10 | | place without the consent of the parent or lawful
| 11 | | custodian of the child for other than a lawful purpose and | 12 | | the offense was
committed on or after January 1, 1998, | 13 | | provided the offense was sexually motivated as defined in | 14 | | Section 10 of the Sex Offender Management Board Act). | 15 | | (E-10) As used in this Article, "sexual predator" also | 16 | | means a person required to register in another State due to a | 17 | | conviction, adjudication or other action of any court | 18 | | triggering an obligation to register as a sex offender, sexual | 19 | | predator, or substantially similar status under the laws of | 20 | | that State. | 21 | | (F) As used in this Article, "out-of-state student" means | 22 | | any sex
offender, as defined in this Section,
or sexual | 23 | | predator who is enrolled in Illinois, on a full-time or | 24 | | part-time
basis, in any public or private educational | 25 | | institution, including, but not
limited to, any secondary | 26 | | school, trade or professional institution, or
institution of |
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| 1 | | higher learning.
| 2 | | (G) As used in this Article, "out-of-state employee" means | 3 | | any sex
offender, as defined in this Section,
or sexual | 4 | | predator who works in Illinois, regardless of whether the | 5 | | individual
receives payment for services performed, for a | 6 | | period of time of 10 or more days
or for an aggregate period of | 7 | | time of 30 or more days
during any calendar year.
Persons who | 8 | | operate motor vehicles in the State accrue one day of | 9 | | employment
time for any portion of a day spent in Illinois.
| 10 | | (H) As used in this Article, "school" means any public or | 11 | | private educational institution, including, but not limited | 12 | | to, any elementary or secondary school, trade or professional | 13 | | institution, or institution of higher education. | 14 | | (I) As used in this Article, "fixed residence" means any | 15 | | and all places that a sex offender resides for an aggregate | 16 | | period of time of 5 or more days in a calendar year.
| 17 | | (J) As used in this Article, "Internet protocol address" | 18 | | means the string of numbers by which a location on the Internet | 19 | | is identified by routers or other computers connected to the | 20 | | Internet. | 21 | | (Source: P.A. 100-428, eff. 1-1-18 .) | 22 | | Section 35. The Crime Victims Compensation Act is amended | 23 | | by changing Section 6.1 as follows:
| 24 | | (740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
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| 1 | | Sec. 6.1. Right to compensation. A person is entitled to | 2 | | compensation
under this Act if:
| 3 | | (a) Within 2 years of the occurrence of the crime, or | 4 | | within one year after a criminal charge of a person for an | 5 | | offense, upon
which the claim
is based, he files an | 6 | | application, under oath, with the Court of Claims and
on a | 7 | | form prescribed in accordance with Section 7.1 furnished | 8 | | by the
Attorney General. If the person entitled to | 9 | | compensation is under 18 years
of age or under other legal | 10 | | disability at the time of the occurrence or
is determined | 11 | | by a court to be under a legal disability as a result of | 12 | | the occurrence, he may file the
application required by | 13 | | this subsection within 2 years after
he attains
the age of | 14 | | 18 years or the disability is removed, as the case may be. | 15 | | Legal disability includes a diagnosis of posttraumatic | 16 | | stress disorder.
| 17 | | (b) For all crimes of violence, except those listed in | 18 | | subsection (b-1) of this Section, the appropriate law | 19 | | enforcement officials were notified within
72 hours of the | 20 | | perpetration of the crime allegedly causing the death or
| 21 | | injury to the victim or, in the event such notification | 22 | | was made more
than 72 hours after the perpetration of the | 23 | | crime, the applicant
establishes that such notice was | 24 | | timely under the circumstances.
| 25 | | (b-1) For victims of offenses defined in Sections | 26 | | 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, |
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| 1 | | 12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of | 2 | | 1961 or the Criminal Code of 2012, the appropriate law | 3 | | enforcement officials were notified within 7 days of the | 4 | | perpetration of the crime allegedly causing death or | 5 | | injury to the victim or, in the event that the | 6 | | notification was made more than 7 days after the | 7 | | perpetration of the crime, the applicant establishes that | 8 | | the notice was timely under the circumstances.
If the | 9 | | applicant or victim has obtained an order of protection, a | 10 | | civil no contact order, or a stalking no contact order, | 11 | | has presented himself or herself to a hospital for sexual | 12 | | assault evidence collection and medical care, or is | 13 | | engaged in a legal proceeding involving a claim that the | 14 | | applicant or victim is a victim of human trafficking, such | 15 | | action shall constitute appropriate notification under | 16 | | this subsection (b-1) or subsection (b) of this Section. | 17 | | (c) The applicant has cooperated with law enforcement
| 18 | | officials in the apprehension and prosecution of the | 19 | | assailant. If the applicant or victim has obtained an | 20 | | order of protection, a civil no contact order, or a | 21 | | stalking no contact order, has presented himself or | 22 | | herself to a hospital for sexual assault evidence | 23 | | collection and medical care, or is engaged in a legal | 24 | | proceeding involving a claim that the applicant or victim | 25 | | is a victim of human trafficking, such action shall | 26 | | constitute cooperation under this subsection (c). If the |
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| 1 | | victim is under 18 years of age at the time of the | 2 | | commission of the offense, the following shall constitute | 3 | | cooperation under this subsection (c):
| 4 | | (1) the applicant or the victim files a police | 5 | | report with a law enforcement agency; | 6 | | (2) a mandated reporter reports the crime to law | 7 | | enforcement; or | 8 | | (3) a person with firsthand knowledge of the crime | 9 | | reports the crime to law enforcement. | 10 | | (d) The applicant is not the offender or an accomplice | 11 | | of the offender
and the award would not unjustly benefit | 12 | | the offender or his accomplice.
| 13 | | (e) The injury to or death of the victim was not | 14 | | substantially attributable
to his own wrongful act and was | 15 | | not substantially provoked by the victim.
| 16 | | (f) For victims of offenses defined in Section 10-9 of | 17 | | the Criminal Code of 2012, the victim submits a statement | 18 | | under oath on a form prescribed by the Attorney General | 19 | | attesting that the removed tattoo was applied in | 20 | | connection with the commission of the offense. | 21 | | (g) Notwithstanding any other provision of this Act to | 22 | | the contrary, a trafficking victim as defined in Section | 23 | | 10-9 of the Criminal Code of 2012 who is under 18 years of | 24 | | age is not subject to the filing requirements of this Act | 25 | | and is not subject to the eligibility requirements of this | 26 | | Act. |
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| 1 | | (Source: P.A. 99-143, eff. 7-27-15; 100-575, eff. 1-8-18; | 2 | | 100-1037, eff. 1-1-19 .)".
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