92nd General Assembly
Summary of HB3717
   [ Home ]   [ Back ]   [ Legislation ]
Legislation:  
Please enter a bill number.



 Full Text  Bill Status
House Sponsors:
DANIELS-TENHOUSE-RUTHERFORD-BOST-LYONS,EILEEN, BASSI, 
   LINDNER, HASSERT, ZICKUS, BRADY, SOMMER, BELLOCK, 
   RIGHTER, MCAULIFFE AND MATHIAS.

Senate Sponsors:
O'MALLEY-DILLARD-PHILIP-PARKER

Short description: 
CD CORR-FELONY-DNA                                                         

Synopsis of Bill as introduced:
        Amends the Unified Code of Corrections. Permits the Department of      
   State Police to require the submission of saliva or  tissue  specimens      
   as  well  as  blood  specimens  to  the  Department  for  analysis and      
   categorizing into genetic marker groupings. Requires the specimens  to      
   be  submitted  by  persons  convicted  or  found  guilty of an offense      
   classified as a felony under Illinois law or  found  guilty  or  given      
   supervision  for such an offense under the Juvenile Court Act of 1987.      
   Requires a person incarcerated in a Department of Corrections facility      
   to submit the blood, saliva, or tissue specimens  before  his  or  her      
   release  on  parole or mandatory supervised release, as a condition of      
   that parole or mandatory supervised release. Effective immediately.         
        SENATE AMENDMENT NO. 4.                                                
          Adds reference to:                                                   
          20 ILCS 2605/2605-560 new                                            
          20 ILCS 4026/10                                                      
          30 ILCS 105/5.595 new                                                
          720 ILCS 5/10-7                 from Ch. 38, par. 10-7               
          720 ILCS 5/11-6.1 new                                                
          720 ILCS 5/11-9.3                                                    
          720 ILCS 5/11-9.4                                                    
          720 ILCS 5/11-20.1              from Ch. 38, par. 11-20.1            
          720 ILCS 5/11-21                from Ch. 38, par. 11-21              
          720 ILCS 5/11-24 new                                                 
          730 ILCS 5/5-4-3                from Ch. 38, par. 1005-4-3           
          730 ILCS 5/5-9-1.7              from Ch. 38, par. 1005-9-1.7         
          730 ILCS 150/2                  from Ch. 38, par. 222                
        Deletes everything.  Amends the Department of State Police Law of      
   the  Civil  Administrative  Code  of  Illinois.  Provides   that   the      
   Department  of State Police shall establish a Project Safe Child pilot      
   program to combat crimes against children facilitated by the Internet.      
   Encourages the prosecution in federal court of all persons who use the      
   Internet, directly or indirectly,  to  commit  or  attempt  to  commit      
   illegal solicitation of a child or a sex offense if the sex offense is      
   committed  or  attempted  against  a  child. Provides that the program      
   shall also encourage public  outreach  by  law  enforcement  agencies.      
   Creates  the  Project  Safe Child Fund in the State treasury. Provides      
   that moneys in the Fund, subject to appropriation, shall  be  used  by      
   the  Department of State Police to develop and administer the program.      
   Amends the Sex Offender Management Board Act, Criminal Code  of  1961,      
   the  Unified  Code  of  Corrections, and the Sex Offender Registration      
   Act. Creates the offense of illegal solicitation of a child.  Provides      
   that  a  person commits the offense of illegal solicitation of a child      
   when he or she intentionally solicits, lures, or attempts  to  solicit      
   or  lure  a  child  under  18 years of age to any location without the      
   consent of the parent or lawful custodian of the child for other  than      
   a  lawful  purpose  or intentionally contacts or communicates with, or      
   attempts to contact or communicate with a child, for  the  purpose  of      
   engaging  in an unlawful act with the child. Provides that a violation      
   is a Class 4 felony for a first offense and a Class  3  felony  for  a      
   second  or  subsequent  offense.  Changes  the elements of the offense      
   relating to distributing harmful material for a child.  Makes it child      
   pornography to solicit, persuade, induce, entice, seduce, or coerce  a      
   child  under 18 years of age to pose for a photograph, videotape, or a      
   digital image in any posture or setting that  could  be  construed  as      
   child  erotica. Defines "child erotica" as a photograph, videotape, or      
   a digital image in  which  the  focus  or  the  concentration  of  the      
   photograph,  videotape,  or  digital  image  is the lewd or lascivious      
   depiction or exhibition of the child's clothed or unclothed  genitals,      
   the child's pubic area or, if the child is a female, the child's fully      
   or partially developed breast exposed or through transparent clothing.      
   Provides that a violation of this provision is a Class 3 felony with a      
   mandatory  minimum  fine  of  $1,000  and  a maximum fine of $100,000.      
   Provides that a person who uses a computer to intentionally distribute      
   to, send or cause to be sent to, or offers to distribute or  send  any      
   harmful  material  to  a  child, is guilty of a Class 4 felony (rather      
   than a Class A misdemeanor).  Prohibits  a  child  sex  offender  from      
   conducting  or  operating  any  type  of  business  in which he or she      
   photographs, videotapes, or takes a digital image of a child or  sells      
   or  offers for sale those photographs or images or instructs others to      
   take those photographs or images; or entices, arranges, or  transports      
   a  child  to  pose  for  such  photographs  or images. Provides that a      
   violation is a Class 2 felony. Effective immediately.                       
        SENATE AMENDMENT NO. 5.                                                
        Removes a provision concerning solicitation or luring of a  child      
   to  a location without the consent of the parent or custodian as being      
   prima facie evidence of other than a lawful purpose.  Provides that  a      
   child  sex  offender may not entice, transport, or arrange for a child      
   to pose for  "child  erotica"  (instead  of  pose  for  a  photograph,      
   videotape, or digital image).                                               
 
Last action on Bill: SESSION SINE DIE

   Last action date: JAN-07-2003

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   0     SENATE -   2


   END OF INQUIRY 
                                                                               



 Full Text  Bill Status