Bill Text: IL HB2458 | 2023-2024 | 103rd General Assembly | Engrossed


Bill Title: Amends the Criminal Code of 2012. Changes the statute of limitations for grooming to provide that when the victim is under 17 years of age at the time of the offense, a prosecution for grooming may be commenced within 10 years after the victim or the person with a disability attains 17 years of age. Changes the name of the offenses of child sexual abuse material to child sexual abuse material. Changes the penalty for grooming from a Class 4 to a Class 3 felony. Deletes references to criminal transmission of HIV in various statutes. In the Sex Offenses Article of the Criminal Code of 2012, provides a definition for "unable to give knowing consent". Provides that a person commits sexual exploitation of a child if in the presence or virtual presence, or both, of a child and with knowledge that a child or one whom he or she believes to be a child would view his or her acts, that person knowingly entices, coerces, or persuades a child to participate in the production of the recording or memorializing a sexual act of persons ages 18 or older. Provides that a violation of this provision of sexual exploitation of a child is a Class 4 felony for a first offense; and a Class 3 felony for a second or subsequent offense, or if the person has been previously convicted of a sex offense. Amends the Code of Criminal Procedure of 1963. Provides that the court may set any conditions it finds just and appropriate on the taking of testimony of a victim or witness who is under 18 years of age or an intellectually disabled person or a person affected by a developmental disability (rather than a victim who is a child under the age of 18 years or a moderately, severely, or profoundly intellectually disabled person or a person affected by a developmental disability) involving the use of a facility dog in any criminal proceeding. Makes other changes concerning the admissibility of evidence in cases involving involuntary servitude, involuntary sexual servitude of a minor, and trafficking in persons. Amends various Acts to change references from "child pornography" to "child sexual abuse material".

Spectrum: Slight Partisan Bill (Democrat 19-10)

Status: (Engrossed) 2024-04-16 - Referred to Assignments [HB2458 Detail]

Download: Illinois-2023-HB2458-Engrossed.html

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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Sex Offender Management Board Act is
5amended by changing Section 10 as follows:
6 (20 ILCS 4026/10)
7 Sec. 10. Definitions. In this Act, unless the context
8otherwise requires:
9 (a) "Board" means the Sex Offender Management Board
10created in Section 15.
11 (b) "Sex offender" means any person who is convicted or
12found delinquent in the State of Illinois, or under any
13substantially similar federal law or law of another state, of
14any sex offense or attempt of a sex offense as defined in
15subsection (c) of this Section, or any former statute of this
16State that defined a felony sex offense, or who has been
17declared as a sexually dangerous person under the Sexually
18Dangerous Persons Act or declared a sexually violent person
19under the Sexually Violent Persons Commitment Act, or any
20substantially similar federal law or law of another state.
21 (c) "Sex offense" means any felony or misdemeanor offense
22described in this subsection (c) as follows:
23 (1) indecent solicitation of a child, in violation of

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1 Section 11-6 of the Criminal Code of 1961 or the Criminal
2 Code of 2012;
3 (2) indecent solicitation of an adult, in violation of
4 Section 11-6.5 of the Criminal Code of 1961 or the
5 Criminal Code of 2012;
6 (3) public indecency, in violation of Section 11-9 or
7 11-30 of the Criminal Code of 1961 or the Criminal Code of
8 2012;
9 (4) sexual exploitation of a child, in violation of
10 Section 11-9.1 of the Criminal Code of 1961 or the
11 Criminal Code of 2012;
12 (5) sexual relations within families, in violation of
13 Section 11-11 of the Criminal Code of 1961 or the Criminal
14 Code of 2012;
15 (6) promoting juvenile prostitution or soliciting for
16 a juvenile prostitute, in violation of Section 11-14.4 or
17 11-15.1 of the Criminal Code of 1961 or the Criminal Code
18 of 2012;
19 (7) promoting juvenile prostitution or keeping a place
20 of juvenile prostitution, in violation of Section 11-14.4
21 or 11-17.1 of the Criminal Code of 1961 or the Criminal
22 Code of 2012;
23 (8) patronizing a juvenile prostitute, in violation of
24 Section 11-18.1 of the Criminal Code of 1961 or the
25 Criminal Code of 2012;
26 (9) promoting juvenile prostitution or juvenile

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1 pimping, in violation of Section 11-14.4 or 11-19.1 of the
2 Criminal Code of 1961 or the Criminal Code of 2012;
3 (10) promoting juvenile prostitution or exploitation
4 of a child, in violation of Section 11-14.4 or 11-19.2 of
5 the Criminal Code of 1961 or the Criminal Code of 2012;
6 (11) child sexual abuse material pornography, in
7 violation of Section 11-20.1 of the Criminal Code of 1961
8 or the Criminal Code of 2012;
9 (11.5) aggravated child pornography, in violation of
10 Section 11-20.1B or 11-20.3 of the Criminal Code of 1961;
11 (12) harmful material, in violation of Section 11-21
12 of the Criminal Code of 1961 or the Criminal Code of 2012;
13 (13) criminal sexual assault, in violation of Section
14 11-1.20 or 12-13 of the Criminal Code of 1961 or the
15 Criminal Code of 2012;
16 (13.5) grooming, in violation of Section 11-25 of the
17 Criminal Code of 1961 or the Criminal Code of 2012;
18 (14) aggravated criminal sexual assault, in violation
19 of Section 11-1.30 or 12-14 of the Criminal Code of 1961 or
20 the Criminal Code of 2012;
21 (14.5) traveling to meet a minor or traveling to meet
22 a child, in violation of Section 11-26 of the Criminal
23 Code of 1961 or the Criminal Code of 2012;
24 (15) predatory criminal sexual assault of a child, in
25 violation of Section 11-1.40 or 12-14.1 of the Criminal
26 Code of 1961 or the Criminal Code of 2012;

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1 (16) criminal sexual abuse, in violation of Section
2 11-1.50 or 12-15 of the Criminal Code of 1961 or the
3 Criminal Code of 2012;
4 (17) aggravated criminal sexual abuse, in violation of
5 Section 11-1.60 or 12-16 of the Criminal Code of 1961 or
6 the Criminal Code of 2012;
7 (18) ritualized abuse of a child, in violation of
8 Section 12-33 of the Criminal Code of 1961 or the Criminal
9 Code of 2012;
10 (19) an attempt to commit any of the offenses
11 enumerated in this subsection (c); or
12 (20) any felony offense under Illinois law that is
13 sexually motivated.
14 (d) "Management" means treatment, and supervision of any
15sex offender that conforms to the standards created by the
16Board under Section 15.
17 (e) "Sexually motivated" means one or more of the facts of
18the underlying offense indicates conduct that is of a sexual
19nature or that shows an intent to engage in behavior of a
20sexual nature.
21 (f) "Sex offender evaluator" means a person licensed under
22the Sex Offender Evaluation and Treatment Provider Act to
23conduct sex offender evaluations.
24 (g) "Sex offender treatment provider" means a person
25licensed under the Sex Offender Evaluation and Treatment
26Provider Act to provide sex offender treatment services.

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1 (h) "Associate sex offender provider" means a person
2licensed under the Sex Offender Evaluation and Treatment
3Provider Act to provide sex offender evaluations and to
4provide sex offender treatment under the supervision of a
5licensed sex offender evaluator or a licensed sex offender
6treatment provider.
7(Source: P.A. 100-428, eff. 1-1-18.)
8 Section 10. The Medical School Matriculant Criminal
9History Records Check Act is amended by changing Section 5 as
10follows:
11 (110 ILCS 57/5)
12 Sec. 5. Definitions.
13 "Matriculant" means an individual who is conditionally
14admitted as a student to a medical school located in Illinois,
15pending the medical school's consideration of his or her
16criminal history records check under this Act.
17 "Sex offender" means any person who is convicted pursuant
18to Illinois law or any substantially similar federal, Uniform
19Code of Military Justice, sister state, or foreign country law
20with any of the following sex offenses set forth in the
21Criminal Code of 1961 or the Criminal Code of 2012:
22 (1) Indecent solicitation of a child.
23 (2) Sexual exploitation of a child.
24 (3) Custodial sexual misconduct.

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1 (4) Exploitation of a child.
2 (5) Child sexual abuse material pornography.
3 (6) Aggravated child pornography.
4 "Violent felony" means any of the following offenses, as
5defined by the Criminal Code of 1961 or the Criminal Code of
62012:
7 (1) First degree murder.
8 (2) Second degree murder.
9 (3) Predatory criminal sexual assault of a child.
10 (4) Aggravated criminal sexual assault.
11 (5) Criminal sexual assault.
12 (6) Aggravated arson.
13 (7) Aggravated kidnapping.
14 (8) Kidnapping.
15 (9) Aggravated battery resulting in great bodily harm
16 or permanent disability or disfigurement.
17(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
18 Section 15. The Child Care Act of 1969 is amended by
19changing Section 3.3 as follows:
20 (225 ILCS 10/3.3)
21 Sec. 3.3. Requirements for criminal background checks for
22adoption-only homes. In approving an adoption-only home
23pursuant to Section 3.2 of this Act, if an adult resident has
24an arrest or conviction record, the licensed child welfare

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1agency:
2 (1) shall thoroughly investigate and evaluate the
3 criminal history of the resident and, in so doing, include
4 an assessment of the applicant's character and, in the
5 case of the prospective adoptive parent, the impact that
6 the criminal history has on his or her ability to parent
7 the child; the investigation should consider the type of
8 crime, the number of crimes, the nature of the offense,
9 the age at time of crime, the length of time that has
10 elapsed since the last conviction, the relationship of the
11 crime to the ability to care for children, and any
12 evidence of rehabilitation;
13 (2) shall not approve the home if the record reveals a
14 felony conviction for crimes against a child, including,
15 but not limited to, child abuse or neglect, child sexual
16 abuse material pornography, rape, sexual assault, or
17 homicide;
18 (3) shall not approve the home if the record reveals a
19 felony conviction within the last 5 years, including, but
20 not limited to, for physical assault, battery,
21 drug-related offenses, or spousal abuse; and
22 (4) shall not approve the home if the record reveals a
23 felony conviction for homicide, rape, or sexual assault.
24(Source: P.A. 99-833, eff. 1-1-17.)
25 Section 20. The Abused and Neglected Child Reporting Act

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1is amended by changing Sections 4.5 and 11.1 as follows:
2 (325 ILCS 5/4.5)
3 Sec. 4.5. Electronic and information technology workers;
4reporting child sexual abuse material pornography.
5 (a) In this Section:
6 "Child sexual abuse material pornography" means child
7sexual abuse material pornography as described in Section
811-20.1 of the Criminal Code of 2012.
9 "Electronic and information technology equipment" means
10equipment used in the creation, manipulation, storage,
11display, or transmission of data, including internet and
12intranet systems, software applications, operating systems,
13video and multimedia, telecommunications products, kiosks,
14information transaction machines, copiers, printers, and
15desktop and portable computers.
16 "Electronic and information technology equipment worker"
17means a person who in the scope and course of his or her
18employment or business installs, repairs, or otherwise
19services electronic and information technology equipment for a
20fee but does not include (i) an employee, independent
21contractor, or other agent of a telecommunications carrier or
22telephone or telecommunications cooperative, as those terms
23are defined in the Public Utilities Act, or (ii) an employee,
24independent contractor, or other agent of a provider of
25commercial mobile radio service, as defined in 47 C.F.R. 20.3.

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1 (b) If an electronic and information technology equipment
2worker discovers any depiction of child sexual abuse material
3pornography while installing, repairing, or otherwise
4servicing an item of electronic and information technology
5equipment, that worker or the worker's employer shall
6immediately report the discovery to the local law enforcement
7agency or to the Cyber Tipline at the National Center for
8Missing & Exploited Children.
9 (c) If a report is filed in accordance with the
10requirements of 42 U.S.C. 13032, the requirements of this
11Section 4.5 will be deemed to have been met.
12 (d) An electronic and information technology equipment
13worker or electronic and information technology equipment
14worker's employer who reports a discovery of child sexual
15abuse material pornography as required under this Section is
16immune from any criminal, civil, or administrative liability
17in connection with making the report, except for willful or
18wanton misconduct.
19 (e) Failure to report a discovery of child sexual abuse
20material pornography as required under this Section is a
21business offense subject to a fine of $1,001.
22(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
23 (325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)
24 Sec. 11.1. Access to records.
25 (a) A person shall have access to the records described in

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1Section 11 only in furtherance of purposes directly connected
2with the administration of this Act or the Intergovernmental
3Missing Child Recovery Act of 1984. Those persons and purposes
4for access include:
5 (1) Department staff in the furtherance of their
6 responsibilities under this Act, or for the purpose of
7 completing background investigations on persons or
8 agencies licensed by the Department or with whom the
9 Department contracts for the provision of child welfare
10 services.
11 (2) A law enforcement agency investigating known or
12 suspected child abuse or neglect, known or suspected
13 involvement with child sexual abuse material pornography,
14 known or suspected criminal sexual assault, known or
15 suspected criminal sexual abuse, or any other sexual
16 offense when a child is alleged to be involved.
17 (3) The Illinois State Police when administering the
18 provisions of the Intergovernmental Missing Child Recovery
19 Act of 1984.
20 (4) A physician who has before him a child whom he
21 reasonably suspects may be abused or neglected.
22 (5) A person authorized under Section 5 of this Act to
23 place a child in temporary protective custody when such
24 person requires the information in the report or record to
25 determine whether to place the child in temporary
26 protective custody.

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1 (6) A person having the legal responsibility or
2 authorization to care for, treat, or supervise a child, or
3 a parent, prospective adoptive parent, foster parent,
4 guardian, or other person responsible for the child's
5 welfare, who is the subject of a report.
6 (7) Except in regard to harmful or detrimental
7 information as provided in Section 7.19, any subject of
8 the report, and if the subject of the report is a minor,
9 his guardian or guardian ad litem.
10 (8) A court, upon its finding that access to such
11 records may be necessary for the determination of an issue
12 before such court; however, such access shall be limited
13 to in camera inspection, unless the court determines that
14 public disclosure of the information contained therein is
15 necessary for the resolution of an issue then pending
16 before it.
17 (8.1) A probation officer or other authorized
18 representative of a probation or court services department
19 conducting an investigation ordered by a court under the
20 Juvenile Court Act of 1987.
21 (9) A grand jury, upon its determination that access
22 to such records is necessary in the conduct of its
23 official business.
24 (10) Any person authorized by the Director, in
25 writing, for audit or bona fide research purposes.
26 (11) Law enforcement agencies, coroners or medical

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1 examiners, physicians, courts, school superintendents and
2 child welfare agencies in other states who are responsible
3 for child abuse or neglect investigations or background
4 investigations.
5 (12) The Department of Professional Regulation, the
6 State Board of Education and school superintendents in
7 Illinois, who may use or disclose information from the
8 records as they deem necessary to conduct investigations
9 or take disciplinary action, as provided by law.
10 (13) A coroner or medical examiner who has reason to
11 believe that a child has died as the result of abuse or
12 neglect.
13 (14) The Director of a State-operated facility when an
14 employee of that facility is the perpetrator in an
15 indicated report.
16 (15) The operator of a licensed child care facility or
17 a facility licensed by the Department of Human Services
18 (as successor to the Department of Alcoholism and
19 Substance Abuse) in which children reside when a current
20 or prospective employee of that facility is the
21 perpetrator in an indicated child abuse or neglect report,
22 pursuant to Section 4.3 of the Child Care Act of 1969.
23 (16) Members of a multidisciplinary team in the
24 furtherance of its responsibilities under subsection (b)
25 of Section 7.1. All reports concerning child abuse and
26 neglect made available to members of such

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1 multidisciplinary teams and all records generated as a
2 result of such reports shall be confidential and shall not
3 be disclosed, except as specifically authorized by this
4 Act or other applicable law. It is a Class A misdemeanor to
5 permit, assist or encourage the unauthorized release of
6 any information contained in such reports or records.
7 Nothing contained in this Section prevents the sharing of
8 reports or records relating or pertaining to the death of
9 a minor under the care of or receiving services from the
10 Department of Children and Family Services and under the
11 jurisdiction of the juvenile court with the juvenile
12 court, the State's Attorney, and the minor's attorney.
13 (17) The Department of Human Services, as provided in
14 Section 17 of the Rehabilitation of Persons with
15 Disabilities Act.
16 (18) Any other agency or investigative body, including
17 the Department of Public Health and a local board of
18 health, authorized by State law to conduct an
19 investigation into the quality of care provided to
20 children in hospitals and other State regulated care
21 facilities.
22 (19) The person appointed, under Section 2-17 of the
23 Juvenile Court Act of 1987, as the guardian ad litem of a
24 minor who is the subject of a report or records under this
25 Act; or the person appointed, under Section 5-610 of the
26 Juvenile Court Act of 1987, as the guardian ad litem of a

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1 minor who is in the custody or guardianship of the
2 Department or who has an open intact family services case
3 with the Department and who is the subject of a report or
4 records made pursuant to this Act.
5 (20) The Department of Human Services, as provided in
6 Section 10 of the Early Intervention Services System Act,
7 and the operator of a facility providing early
8 intervention services pursuant to that Act, for the
9 purpose of determining whether a current or prospective
10 employee who provides or may provide direct services under
11 that Act is the perpetrator in an indicated report of
12 child abuse or neglect filed under this Act.
13 (b) Nothing contained in this Act prevents the sharing or
14disclosure of information or records relating or pertaining to
15juveniles subject to the provisions of the Serious Habitual
16Offender Comprehensive Action Program when that information is
17used to assist in the early identification and treatment of
18habitual juvenile offenders.
19 (c) To the extent that persons or agencies are given
20access to information pursuant to this Section, those persons
21or agencies may give this information to and receive this
22information from each other in order to facilitate an
23investigation conducted by those persons or agencies.
24(Source: P.A. 101-43, eff. 1-1-20; 102-538, eff. 8-20-21.)
25 Section 25. The Abused and Neglected Child Reporting Act

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1is amended by changing Section 3 as follows:
2 (325 ILCS 15/3) (from Ch. 23, par. 2083)
3 Sec. 3. The functions and goals of the programs to be
4developed and provided by the Department of Children and
5Family Services shall include:
6 (a) Provision of counseling, treatment, rehabilitation and
7assistance to sexually abused and exploited children and their
8families, particularly to victims of predatory criminal sexual
9assault of a child, aggravated criminal sexual assault,
10criminal sexual assault, aggravated criminal sexual abuse and
11criminal sexual abuse and child sexual abuse material
12pornography, and provision of training and education and
13professional counseling to other persons responsible for the
14child's welfare, personnel of the Department responsible for
15the licensure of facilities under the Child Care Act of 1969,
16and persons required to file reports and conduct
17investigations of such reports under the Abused and Neglected
18Child Reporting Act;
19 (b) Hastening the process of reconstituting the family and
20the marriage, where such would be in the interest of the child;
21 (c) Marshaling and coordinating the services of all
22agencies responsible for the detection of a sexually abused
23and exploited child and for serving such a child, the child's
24family, or others responsible for the child's welfare, as well
25as for the development of other resources necessary to ensure

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1a comprehensive program for the prevention of such abuse and
2exploitation, supportive case management;
3 (d) Responding to individual physical, emotional, and
4social needs of clients so that supportive services are
5individually tailored and applied as long as necessary;
6 (e) Informing the public at large and professional
7agencies about the problem of child sexual abuse and
8exploitation, methods of detecting and responding to such
9incidents, including those established under the Abused and
10Neglected Child Reporting Act, the availability of State
11service and other resources for responding to victims of such
12abuse and exploitation, and about the existence and supportive
13approach of treatment center programs; and
14 (f) Development of informational and training materials
15and seminars to assure the availability of such programs and
16services throughout the State, emphasizing the need for
17cooperation and coordination with all appropriate elements of
18the criminal justice system and law enforcement system.
19(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
20 Section 30. The Intergovernmental Missing Child Recovery
21Act of 1984 is amended by changing Section 2 as follows:
22 (325 ILCS 40/2) (from Ch. 23, par. 2252)
23 Sec. 2. As used in this Act:
24 (a) (Blank).

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1 (b) "Director" means the Director of the Illinois State
2Police.
3 (c) "Unit of local government" is defined as in Article
4VII, Section 1 of the Illinois Constitution and includes both
5home rule units and units which are not home rule units. The
6term is also defined to include all public school districts
7subject to the provisions of the School Code.
8 (d) "Child" means a person under 21 years of age.
9 (e) A "LEADS terminal" is an interactive computerized
10communication and processing unit which permits a direct
11on-line communication with the Illinois State Police's central
12data repository, the Law Enforcement Agencies Data System
13(LEADS).
14 (f) A "primary contact agency" means a law enforcement
15agency which maintains a LEADS terminal, or has immediate
16access to one on a 24-hour-per-day, 7-day-per-week basis by
17written agreement with another law enforcement agency.
18 (g) (Blank).
19 (h) "Missing child" means any person under 21 years of age
20whose whereabouts are unknown to his or her parents or legal
21guardian.
22 (i) "Exploitation" means activities and actions which
23include, but are not limited to, child sexual abuse material
24pornography, aggravated child pornography, child prostitution,
25child sexual abuse, drug and substance abuse by children, and
26child suicide.

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1 (j) (Blank).
2(Source: P.A. 102-538, eff. 8-20-21.)
3 Section 35. The Illinois Child Online Exploitation
4Reporting Act is amended by changing Section 10 as follows:
5 (325 ILCS 47/10)
6 Sec. 10. Registration. Any entity, subject to the
7reporting requirements of 42 U.S.C. 13032, while engaged in
8providing an electronic communications service or a remote
9computing service to the public, must provide the following
10information to the Cyber Tipline at the National Center for
11Missing and Exploited Children in order to facilitate the
12required reporting of child sexual abuse material pornography
13crimes, pursuant to 42 U.S.C. 13032:
14 (a) the agent's name, phone number, and email address; and
15 (b) the name of the agent's employer.
16(Source: P.A. 95-983, eff. 10-3-08.)
17 Section 40. The Criminal and Traffic Assessment Act is
18amended by changing Section 15-70 as follows:
19 (705 ILCS 135/15-70)
20 (Section scheduled to be repealed on January 1, 2024)
21 Sec. 15-70. Conditional assessments. In addition to
22payments under one of the Schedule of Assessments 1 through 13

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1of this Act, the court shall also order payment of any of the
2following conditional assessment amounts for each sentenced
3violation in the case to which a conditional assessment is
4applicable, which shall be collected and remitted by the Clerk
5of the Circuit Court as provided in this Section:
6 (1) arson, residential arson, or aggravated arson,
7 $500 per conviction to the State Treasurer for deposit
8 into the Fire Prevention Fund;
9 (2) child sexual abuse material pornography under
10 Section 11-20.1 of the Criminal Code of 1961 or the
11 Criminal Code of 2012, $500 per conviction, unless more
12 than one agency is responsible for the arrest in which
13 case the amount shall be remitted to each unit of
14 government equally:
15 (A) if the arresting agency is an agency of a unit
16 of local government, $500 to the treasurer of the unit
17 of local government for deposit into the unit of local
18 government's General Fund, except that if the Illinois
19 State Police provides digital or electronic forensic
20 examination assistance, or both, to the arresting
21 agency then $100 to the State Treasurer for deposit
22 into the State Crime Laboratory Fund; or
23 (B) if the arresting agency is the Illinois State
24 Police, $500 to the State Treasurer for deposit into
25 the State Crime Laboratory Fund;
26 (3) crime laboratory drug analysis for a drug-related

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1 offense involving possession or delivery of cannabis or
2 possession or delivery of a controlled substance as
3 defined in the Cannabis Control Act, the Illinois
4 Controlled Substances Act, or the Methamphetamine Control
5 and Community Protection Act, $100 reimbursement for
6 laboratory analysis, as set forth in subsection (f) of
7 Section 5-9-1.4 of the Unified Code of Corrections;
8 (4) DNA analysis, $250 on each conviction in which it
9 was used to the State Treasurer for deposit into the State
10 Crime Laboratory Fund as set forth in Section 5-9-1.4 of
11 the Unified Code of Corrections;
12 (5) DUI analysis, $150 on each sentenced violation in
13 which it was used as set forth in subsection (f) of Section
14 5-9-1.9 of the Unified Code of Corrections;
15 (6) drug-related offense involving possession or
16 delivery of cannabis or possession or delivery of a
17 controlled substance, other than methamphetamine, as
18 defined in the Cannabis Control Act or the Illinois
19 Controlled Substances Act, an amount not less than the
20 full street value of the cannabis or controlled substance
21 seized for each conviction to be disbursed as follows:
22 (A) 12.5% of the street value assessment shall be
23 paid into the Youth Drug Abuse Prevention Fund, to be
24 used by the Department of Human Services for the
25 funding of programs and services for drug-abuse
26 treatment, and prevention and education services;

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1 (B) 37.5% to the county in which the charge was
2 prosecuted, to be deposited into the county General
3 Fund;
4 (C) 50% to the treasurer of the arresting law
5 enforcement agency of the municipality or county, or
6 to the State Treasurer if the arresting agency was a
7 state agency, to be deposited as provided in
8 subsection (c) of Section 10-5;
9 (D) if the arrest was made in combination with
10 multiple law enforcement agencies, the clerk shall
11 equitably allocate the portion in subparagraph (C) of
12 this paragraph (6) among the law enforcement agencies
13 involved in the arrest;
14 (6.5) Kane County or Will County, in felony,
15 misdemeanor, local or county ordinance, traffic, or
16 conservation cases, up to $30 as set by the county board
17 under Section 5-1101.3 of the Counties Code upon the entry
18 of a judgment of conviction, an order of supervision, or a
19 sentence of probation without entry of judgment under
20 Section 10 of the Cannabis Control Act, Section 410 of the
21 Illinois Controlled Substances Act, Section 70 of the
22 Methamphetamine Control and Community Protection Act,
23 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
24 the Criminal Code of 1961 or the Criminal Code of 2012,
25 Section 10-102 of the Illinois Alcoholism and Other Drug
26 Dependency Act, or Section 10 of the Steroid Control Act;

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1 except in local or county ordinance, traffic, and
2 conservation cases, if fines are paid in full without a
3 court appearance, then the assessment shall not be imposed
4 or collected. Distribution of assessments collected under
5 this paragraph (6.5) shall be as provided in Section
6 5-1101.3 of the Counties Code;
7 (7) methamphetamine-related offense involving
8 possession or delivery of methamphetamine or any salt of
9 an optical isomer of methamphetamine or possession of a
10 methamphetamine manufacturing material as set forth in
11 Section 10 of the Methamphetamine Control and Community
12 Protection Act with the intent to manufacture a substance
13 containing methamphetamine or salt of an optical isomer of
14 methamphetamine, an amount not less than the full street
15 value of the methamphetamine or salt of an optical isomer
16 of methamphetamine or methamphetamine manufacturing
17 materials seized for each conviction to be disbursed as
18 follows:
19 (A) 12.5% of the street value assessment shall be
20 paid into the Youth Drug Abuse Prevention Fund, to be
21 used by the Department of Human Services for the
22 funding of programs and services for drug-abuse
23 treatment, and prevention and education services;
24 (B) 37.5% to the county in which the charge was
25 prosecuted, to be deposited into the county General
26 Fund;

HB2458 Engrossed- 23 -LRB103 26118 RLC 52473 b
1 (C) 50% to the treasurer of the arresting law
2 enforcement agency of the municipality or county, or
3 to the State Treasurer if the arresting agency was a
4 state agency, to be deposited as provided in
5 subsection (c) of Section 10-5;
6 (D) if the arrest was made in combination with
7 multiple law enforcement agencies, the clerk shall
8 equitably allocate the portion in subparagraph (C) of
9 this paragraph (6) among the law enforcement agencies
10 involved in the arrest;
11 (8) order of protection violation under Section 12-3.4
12 of the Criminal Code of 2012, $200 for each conviction to
13 the county treasurer for deposit into the Probation and
14 Court Services Fund for implementation of a domestic
15 violence surveillance program and any other assessments or
16 fees imposed under Section 5-9-1.16 of the Unified Code of
17 Corrections;
18 (9) order of protection violation, $25 for each
19 violation to the State Treasurer, for deposit into the
20 Domestic Violence Abuser Services Fund;
21 (10) prosecution by the State's Attorney of a:
22 (A) petty or business offense, $4 to the county
23 treasurer of which $2 deposited into the State's
24 Attorney Records Automation Fund and $2 into the
25 Public Defender Records Automation Fund;
26 (B) conservation or traffic offense, $2 to the

HB2458 Engrossed- 24 -LRB103 26118 RLC 52473 b
1 county treasurer for deposit into the State's Attorney
2 Records Automation Fund;
3 (11) speeding in a construction zone violation, $250
4 to the State Treasurer for deposit into the Transportation
5 Safety Highway Hire-back Fund, unless (i) the violation
6 occurred on a highway other than an interstate highway and
7 (ii) a county police officer wrote the ticket for the
8 violation, in which case to the county treasurer for
9 deposit into that county's Transportation Safety Highway
10 Hire-back Fund;
11 (12) supervision disposition on an offense under the
12 Illinois Vehicle Code or similar provision of a local
13 ordinance, 50 cents, unless waived by the court, into the
14 Prisoner Review Board Vehicle and Equipment Fund;
15 (13) victim and offender are family or household
16 members as defined in Section 103 of the Illinois Domestic
17 Violence Act of 1986 and offender pleads guilty or no
18 contest to or is convicted of murder, voluntary
19 manslaughter, involuntary manslaughter, burglary,
20 residential burglary, criminal trespass to residence,
21 criminal trespass to vehicle, criminal trespass to land,
22 criminal damage to property, telephone harassment,
23 kidnapping, aggravated kidnaping, unlawful restraint,
24 forcible detention, child abduction, indecent solicitation
25 of a child, sexual relations between siblings,
26 exploitation of a child, child sexual abuse material

HB2458 Engrossed- 25 -LRB103 26118 RLC 52473 b
1 pornography, assault, aggravated assault, battery,
2 aggravated battery, heinous battery, aggravated battery of
3 a child, domestic battery, reckless conduct, intimidation,
4 criminal sexual assault, predatory criminal sexual assault
5 of a child, aggravated criminal sexual assault, criminal
6 sexual abuse, aggravated criminal sexual abuse, violation
7 of an order of protection, disorderly conduct, endangering
8 the life or health of a child, child abandonment,
9 contributing to dependency or neglect of child, or cruelty
10 to children and others, $200 for each sentenced violation
11 to the State Treasurer for deposit as follows: (i) for
12 sexual assault, as defined in Section 5-9-1.7 of the
13 Unified Code of Corrections, when the offender and victim
14 are family members, one-half to the Domestic Violence
15 Shelter and Service Fund, and one-half to the Sexual
16 Assault Services Fund; (ii) for the remaining offenses to
17 the Domestic Violence Shelter and Service Fund;
18 (14) violation of Section 11-501 of the Illinois
19 Vehicle Code, Section 5-7 of the Snowmobile Registration
20 and Safety Act, Section 5-16 of the Boat Registration and
21 Safety Act, or a similar provision, whose operation of a
22 motor vehicle, snowmobile, or watercraft while in
23 violation of Section 11-501, Section 5-7 of the Snowmobile
24 Registration and Safety Act, Section 5-16 of the Boat
25 Registration and Safety Act, or a similar provision
26 proximately caused an incident resulting in an appropriate

HB2458 Engrossed- 26 -LRB103 26118 RLC 52473 b
1 emergency response, $1,000 maximum to the public agency
2 that provided an emergency response related to the
3 person's violation, or as provided in subsection (c) of
4 Section 10-5 if the arresting agency was a State agency,
5 unless more than one agency was responsible for the
6 arrest, in which case the amount shall be remitted to each
7 unit of government equally;
8 (15) violation of Section 401, 407, or 407.2 of the
9 Illinois Controlled Substances Act that proximately caused
10 any incident resulting in an appropriate drug-related
11 emergency response, $1,000 as reimbursement for the
12 emergency response to the law enforcement agency that made
13 the arrest, or as provided in subsection (c) of Section
14 10-5 if the arresting agency was a State agency, unless
15 more than one agency was responsible for the arrest, in
16 which case the amount shall be remitted to each unit of
17 government equally;
18 (16) violation of reckless driving, aggravated
19 reckless driving, or driving 26 miles per hour or more in
20 excess of the speed limit that triggered an emergency
21 response, $1,000 maximum reimbursement for the emergency
22 response to be distributed in its entirety to a public
23 agency that provided an emergency response related to the
24 person's violation, or as provided in subsection (c) of
25 Section 10-5 if the arresting agency was a State agency,
26 unless more than one agency was responsible for the

HB2458 Engrossed- 27 -LRB103 26118 RLC 52473 b
1 arrest, in which case the amount shall be remitted to each
2 unit of government equally;
3 (17) violation based upon each plea of guilty,
4 stipulation of facts, or finding of guilt resulting in a
5 judgment of conviction or order of supervision for an
6 offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
7 the Criminal Code of 2012 that results in the imposition
8 of a fine, to be distributed as follows:
9 (A) $50 to the county treasurer for deposit into
10 the Circuit Court Clerk Operation and Administrative
11 Fund to cover the costs in administering this
12 paragraph (17);
13 (B) $300 to the State Treasurer who shall deposit
14 the portion as follows:
15 (i) if the arresting or investigating agency
16 is the Illinois State Police, into the State
17 Police Law Enforcement Administration Fund;
18 (ii) if the arresting or investigating agency
19 is the Department of Natural Resources, into the
20 Conservation Police Operations Assistance Fund;
21 (iii) if the arresting or investigating agency
22 is the Secretary of State, into the Secretary of
23 State Police Services Fund;
24 (iv) if the arresting or investigating agency
25 is the Illinois Commerce Commission, into the
26 Transportation Regulatory Fund; or

HB2458 Engrossed- 28 -LRB103 26118 RLC 52473 b
1 (v) if more than one of the State agencies in
2 this subparagraph (B) is the arresting or
3 investigating agency, then equal shares with the
4 shares deposited as provided in the applicable
5 items (i) through (iv) of this subparagraph (B);
6 and
7 (C) the remainder for deposit into the Specialized
8 Services for Survivors of Human Trafficking Fund;
9 (18) weapons violation under Section 24-1.1, 24-1.2,
10 or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
11 of 2012, $100 for each conviction to the State Treasurer
12 for deposit into the Trauma Center Fund; and
13 (19) violation of subsection (c) of Section 11-907 of
14 the Illinois Vehicle Code, $250 to the State Treasurer for
15 deposit into the Scott's Law Fund, unless a county or
16 municipal police officer wrote the ticket for the
17 violation, in which case to the county treasurer for
18 deposit into that county's or municipality's
19 Transportation Safety Highway Hire-back Fund to be used as
20 provided in subsection (j) of Section 11-907 of the
21 Illinois Vehicle Code.
22(Source: P.A. 101-173, eff. 1-1-20; 101-636, eff. 6-10-20;
23102-145, eff. 7-23-21; 102-505, eff. 8-20-21; 102-538, eff.
248-20-21; 102-813, eff. 5-13-22.)
25 Section 45. The Juvenile Court Act of 1987 is amended by

HB2458 Engrossed- 29 -LRB103 26118 RLC 52473 b
1changing Section 3-40 as follows:
2 (705 ILCS 405/3-40)
3 Sec. 3-40. Minors involved in electronic dissemination of
4indecent visual depictions in need of supervision.
5 (a) For the purposes of this Section:
6 "Computer" has the meaning ascribed to it in Section
717-0.5 of the Criminal Code of 2012.
8 "Electronic communication device" means an electronic
9device, including but not limited to a wireless telephone,
10personal digital assistant, or a portable or mobile computer,
11that is capable of transmitting images or pictures.
12 "Indecent visual depiction" means a depiction or portrayal
13in any pose, posture, or setting involving a lewd exhibition
14of the unclothed or transparently clothed genitals, pubic
15area, buttocks, or, if such person is female, a fully or
16partially developed breast of the person.
17 "Minor" means a person under 18 years of age.
18 (b) A minor shall not distribute or disseminate an
19indecent visual depiction of another minor through the use of
20a computer or electronic communication device.
21 (c) Adjudication. A minor who violates subsection (b) of
22this Section may be subject to a petition for adjudication and
23adjudged a minor in need of supervision.
24 (d) Kinds of dispositional orders. A minor found to be in
25need of supervision under this Section may be:

HB2458 Engrossed- 30 -LRB103 26118 RLC 52473 b
1 (1) ordered to obtain counseling or other supportive
2 services to address the acts that led to the need for
3 supervision; or
4 (2) ordered to perform community service.
5 (e) Nothing in this Section shall be construed to prohibit
6a prosecution for disorderly conduct, public indecency, child
7sexual abuse material pornography, a violation of Article 26.5
8(Harassing and Obscene Communications) of the Criminal Code of
92012, or any other applicable provision of law.
10(Source: P.A. 99-78, eff. 7-20-15.)
11 Section 50. The Criminal Code of 2012 is amended by
12changing Sections 3-5, 3-6, 11-0.1, 11-9.1, 11-9.3, 11-20.1,
1311-20.2, 11-23, 11-25, 14-3, and 36-1 as follows:
14 (720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
15 (Text of Section before amendment by P.A. 102-982)
16 Sec. 3-5. General limitations.
17 (a) A prosecution for: (1) first degree murder, attempt to
18commit first degree murder, second degree murder, involuntary
19manslaughter, reckless homicide, a violation of subparagraph
20(F) of paragraph (1) of subsection (d) of Section 11-501 of the
21Illinois Vehicle Code for the offense of aggravated driving
22under the influence of alcohol, other drug or drugs, or
23intoxicating compound or compounds, or any combination thereof
24when the violation was a proximate cause of a death, leaving

HB2458 Engrossed- 31 -LRB103 26118 RLC 52473 b
1the scene of a motor vehicle accident involving death or
2personal injuries under Section 11-401 of the Illinois Vehicle
3Code, failing to give information and render aid under Section
411-403 of the Illinois Vehicle Code, concealment of homicidal
5death, treason, arson, residential arson, aggravated arson,
6forgery, child pornography under paragraph (1) of subsection
7(a) of Section 11-20.1, or aggravated child pornography under
8paragraph (1) of subsection (a) of Section 11-20.1B, or (2)
9any offense involving sexual conduct or sexual penetration, as
10defined by Section 11-0.1 of this Code may be commenced at any
11time.
12 (a-5) A prosecution for theft of property exceeding
13$100,000 in value under Section 16-1, identity theft under
14subsection (a) of Section 16-30, aggravated identity theft
15under subsection (b) of Section 16-30, financial exploitation
16of an elderly person or a person with a disability under
17Section 17-56; theft by deception of a victim 60 years of age
18or older or a person with a disability under Section 16-1; or
19any offense set forth in Article 16H or Section 17-10.6 may be
20commenced within 7 years of the last act committed in
21furtherance of the crime.
22 (b) Unless the statute describing the offense provides
23otherwise, or the period of limitation is extended by Section
243-6, a prosecution for any offense not designated in
25subsection (a) or (a-5) must be commenced within 3 years after
26the commission of the offense if it is a felony, or within one

HB2458 Engrossed- 32 -LRB103 26118 RLC 52473 b
1year and 6 months after its commission if it is a misdemeanor.
2(Source: P.A. 101-130, eff. 1-1-20; 102-244, eff. 1-1-22.)
3 (Text of Section after amendment by P.A. 102-982)
4 Sec. 3-5. General limitations.
5 (a) A prosecution for: (1) first degree murder, attempt to
6commit first degree murder, second degree murder, involuntary
7manslaughter, reckless homicide, a violation of subparagraph
8(F) of paragraph (1) of subsection (d) of Section 11-501 of the
9Illinois Vehicle Code for the offense of aggravated driving
10under the influence of alcohol, other drug or drugs, or
11intoxicating compound or compounds, or any combination thereof
12when the violation was a proximate cause of a death, leaving
13the scene of a motor vehicle crash involving death or personal
14injuries under Section 11-401 of the Illinois Vehicle Code,
15failing to give information and render aid under Section
1611-403 of the Illinois Vehicle Code, concealment of homicidal
17death, treason, arson, residential arson, aggravated arson,
18forgery, child sexual abuse material or child pornography
19under paragraph (1) of subsection (a) of Section 11-20.1, or
20aggravated child pornography under paragraph (1) of subsection
21(a) of Section 11-20.1B, or (2) any offense involving sexual
22conduct or sexual penetration, as defined by Section 11-0.1 of
23this Code may be commenced at any time.
24 (a-5) A prosecution for theft of property exceeding
25$100,000 in value under Section 16-1, identity theft under

HB2458 Engrossed- 33 -LRB103 26118 RLC 52473 b
1subsection (a) of Section 16-30, aggravated identity theft
2under subsection (b) of Section 16-30, financial exploitation
3of an elderly person or a person with a disability under
4Section 17-56; theft by deception of a victim 60 years of age
5or older or a person with a disability under Section 16-1; or
6any offense set forth in Article 16H or Section 17-10.6 may be
7commenced within 7 years of the last act committed in
8furtherance of the crime.
9 (b) Unless the statute describing the offense provides
10otherwise, or the period of limitation is extended by Section
113-6, a prosecution for any offense not designated in
12subsection (a) or (a-5) must be commenced within 3 years after
13the commission of the offense if it is a felony, or within one
14year and 6 months after its commission if it is a misdemeanor.
15(Source: P.A. 101-130, eff. 1-1-20; 102-244, eff. 1-1-22;
16102-982, eff. 7-1-23.)
17 (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
18 Sec. 3-6. Extended limitations. The period within which a
19prosecution must be commenced under the provisions of Section
203-5 or other applicable statute is extended under the
21following conditions:
22 (a) A prosecution for theft involving a breach of a
23fiduciary obligation to the aggrieved person may be commenced
24as follows:
25 (1) If the aggrieved person is a minor or a person

HB2458 Engrossed- 34 -LRB103 26118 RLC 52473 b
1 under legal disability, then during the minority or legal
2 disability or within one year after the termination
3 thereof.
4 (2) In any other instance, within one year after the
5 discovery of the offense by an aggrieved person, or by a
6 person who has legal capacity to represent an aggrieved
7 person or has a legal duty to report the offense, and is
8 not himself or herself a party to the offense; or in the
9 absence of such discovery, within one year after the
10 proper prosecuting officer becomes aware of the offense.
11 However, in no such case is the period of limitation so
12 extended more than 3 years beyond the expiration of the
13 period otherwise applicable.
14 (b) A prosecution for any offense based upon misconduct in
15office by a public officer or employee may be commenced within
16one year after discovery of the offense by a person having a
17legal duty to report such offense, or in the absence of such
18discovery, within one year after the proper prosecuting
19officer becomes aware of the offense. However, in no such case
20is the period of limitation so extended more than 3 years
21beyond the expiration of the period otherwise applicable.
22 (b-5) When the victim is under 18 years of age at the time
23of the offense, a prosecution for involuntary servitude,
24involuntary sexual servitude of a minor, or trafficking in
25persons and related offenses under Section 10-9 of this Code
26may be commenced within 25 years of the victim attaining the

HB2458 Engrossed- 35 -LRB103 26118 RLC 52473 b
1age of 18 years.
2 (b-6) When the victim is 18 years of age or over at the
3time of the offense, a prosecution for involuntary servitude,
4involuntary sexual servitude of a minor, or trafficking in
5persons and related offenses under Section 10-9 of this Code
6may be commenced within 25 years after the commission of the
7offense.
8 (b-7) When the victim is under 18 years of age at the time
9of the offense, a prosecution for female genital mutilation
10may be commenced at any time.
11 (b-8) When the victim is under 17 years of age at the time
12of the offense, a prosecution for grooming may be commenced
13within 10 years after the victim attains 17 years of age.
14 (c) (Blank).
15 (d) A prosecution for child sexual abuse material
16pornography, aggravated child pornography, indecent
17solicitation of a child, soliciting for a juvenile prostitute,
18juvenile pimping, exploitation of a child, or promoting
19juvenile prostitution except for keeping a place of juvenile
20prostitution may be commenced within one year of the victim
21attaining the age of 18 years. However, in no such case shall
22the time period for prosecution expire sooner than 3 years
23after the commission of the offense.
24 (e) Except as otherwise provided in subdivision (j), a
25prosecution for any offense involving sexual conduct or sexual
26penetration, as defined in Section 11-0.1 of this Code, where

HB2458 Engrossed- 36 -LRB103 26118 RLC 52473 b
1the defendant was within a professional or fiduciary
2relationship or a purported professional or fiduciary
3relationship with the victim at the time of the commission of
4the offense may be commenced within one year after the
5discovery of the offense by the victim.
6 (f) A prosecution for any offense set forth in Section 44
7of the Environmental Protection Act may be commenced within 5
8years after the discovery of such an offense by a person or
9agency having the legal duty to report the offense or in the
10absence of such discovery, within 5 years after the proper
11prosecuting officer becomes aware of the offense.
12 (f-5) A prosecution for any offense set forth in Section
1316-30 of this Code may be commenced within 5 years after the
14discovery of the offense by the victim of that offense.
15 (g) (Blank).
16 (h) (Blank).
17 (i) Except as otherwise provided in subdivision (j), a
18prosecution for criminal sexual assault, aggravated criminal
19sexual assault, or aggravated criminal sexual abuse may be
20commenced at any time. If the victim consented to the
21collection of evidence using an Illinois State Police Sexual
22Assault Evidence Collection Kit under the Sexual Assault
23Survivors Emergency Treatment Act, it shall constitute
24reporting for purposes of this Section.
25 Nothing in this subdivision (i) shall be construed to
26shorten a period within which a prosecution must be commenced

HB2458 Engrossed- 37 -LRB103 26118 RLC 52473 b
1under any other provision of this Section.
2 (i-5) A prosecution for armed robbery, home invasion,
3kidnapping, or aggravated kidnaping may be commenced within 10
4years of the commission of the offense if it arises out of the
5same course of conduct and meets the criteria under one of the
6offenses in subsection (i) of this Section.
7 (j) (1) When the victim is under 18 years of age at the
8time of the offense, a prosecution for criminal sexual
9assault, aggravated criminal sexual assault, predatory
10criminal sexual assault of a child, aggravated criminal sexual
11abuse, felony criminal sexual abuse, or female genital
12mutilation may be commenced at any time.
13 (2) When in circumstances other than as described in
14paragraph (1) of this subsection (j), when the victim is under
1518 years of age at the time of the offense, a prosecution for
16failure of a person who is required to report an alleged or
17suspected commission of criminal sexual assault, aggravated
18criminal sexual assault, predatory criminal sexual assault of
19a child, aggravated criminal sexual abuse, or felony criminal
20sexual abuse under the Abused and Neglected Child Reporting
21Act may be commenced within 20 years after the child victim
22attains 18 years of age.
23 (3) When the victim is under 18 years of age at the time of
24the offense, a prosecution for misdemeanor criminal sexual
25abuse may be commenced within 10 years after the child victim
26attains 18 years of age.

HB2458 Engrossed- 38 -LRB103 26118 RLC 52473 b
1 (4) Nothing in this subdivision (j) shall be construed to
2shorten a period within which a prosecution must be commenced
3under any other provision of this Section.
4 (j-5) A prosecution for armed robbery, home invasion,
5kidnapping, or aggravated kidnaping may be commenced at any
6time if it arises out of the same course of conduct and meets
7the criteria under one of the offenses in subsection (j) of
8this Section.
9 (k) (Blank).
10 (l) A prosecution for any offense set forth in Section
1126-4 of this Code may be commenced within one year after the
12discovery of the offense by the victim of that offense.
13 (l-5) A prosecution for any offense involving sexual
14conduct or sexual penetration, as defined in Section 11-0.1 of
15this Code, in which the victim was 18 years of age or older at
16the time of the offense, may be commenced within one year after
17the discovery of the offense by the victim when corroborating
18physical evidence is available. The charging document shall
19state that the statute of limitations is extended under this
20subsection (l-5) and shall state the circumstances justifying
21the extension. Nothing in this subsection (l-5) shall be
22construed to shorten a period within which a prosecution must
23be commenced under any other provision of this Section or
24Section 3-5 of this Code.
25 (m) The prosecution shall not be required to prove at
26trial facts which extend the general limitations in Section

HB2458 Engrossed- 39 -LRB103 26118 RLC 52473 b
13-5 of this Code when the facts supporting extension of the
2period of general limitations are properly pled in the
3charging document. Any challenge relating to the extension of
4the general limitations period as defined in this Section
5shall be exclusively conducted under Section 114-1 of the Code
6of Criminal Procedure of 1963.
7 (n) A prosecution for any offense set forth in subsection
8(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the
9Illinois Public Aid Code, in which the total amount of money
10involved is $5,000 or more, including the monetary value of
11food stamps and the value of commodities under Section 16-1 of
12this Code may be commenced within 5 years of the last act
13committed in furtherance of the offense.
14(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
15101-130, eff. 1-1-20; 101-285, eff. 1-1-20; 102-558, eff.
168-20-21.)
17 (720 ILCS 5/11-0.1)
18 Sec. 11-0.1. Definitions. In this Article, unless the
19context clearly requires otherwise, the following terms are
20defined as indicated:
21 "Accused" means a person accused of an offense prohibited
22by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of
23this Code or a person for whose conduct the accused is legally
24responsible under Article 5 of this Code.
25 "Adult obscenity or child sexual abuse material

HB2458 Engrossed- 40 -LRB103 26118 RLC 52473 b
1pornography Internet site". See Section 11-23.
2 "Advance prostitution" means:
3 (1) Soliciting for a prostitute by performing any of
4 the following acts when acting other than as a prostitute
5 or a patron of a prostitute:
6 (A) Soliciting another for the purpose of
7 prostitution.
8 (B) Arranging or offering to arrange a meeting of
9 persons for the purpose of prostitution.
10 (C) Directing another to a place knowing the
11 direction is for the purpose of prostitution.
12 (2) Keeping a place of prostitution by controlling or
13 exercising control over the use of any place that could
14 offer seclusion or shelter for the practice of
15 prostitution and performing any of the following acts when
16 acting other than as a prostitute or a patron of a
17 prostitute:
18 (A) Knowingly granting or permitting the use of
19 the place for the purpose of prostitution.
20 (B) Granting or permitting the use of the place
21 under circumstances from which he or she could
22 reasonably know that the place is used or is to be used
23 for purposes of prostitution.
24 (C) Permitting the continued use of the place
25 after becoming aware of facts or circumstances from
26 which he or she should reasonably know that the place

HB2458 Engrossed- 41 -LRB103 26118 RLC 52473 b
1 is being used for purposes of prostitution.
2 "Agency". See Section 11-9.5.
3 "Arranges". See Section 11-6.5.
4 "Bodily harm" means physical harm, and includes, but is
5not limited to, sexually transmitted disease, pregnancy, and
6impotence.
7 "Care and custody". See Section 11-9.5.
8 "Child care institution". See Section 11-9.3.
9 "Child sexual abuse material pornography". See Section
1011-20.1.
11 "Child sex offender". See Section 11-9.3.
12 "Community agency". See Section 11-9.5.
13 "Conditional release". See Section 11-9.2.
14 "Consent" means a freely given agreement to the act of
15sexual penetration or sexual conduct in question. Lack of
16verbal or physical resistance or submission by the victim
17resulting from the use of force or threat of force by the
18accused shall not constitute consent. The manner of dress of
19the victim at the time of the offense shall not constitute
20consent.
21 "Custody". See Section 11-9.2.
22 "Day care center". See Section 11-9.3.
23 "Depict by computer". See Section 11-20.1.
24 "Depiction by computer". See Section 11-20.1.
25 "Disseminate". See Section 11-20.1.
26 "Distribute". See Section 11-21.

HB2458 Engrossed- 42 -LRB103 26118 RLC 52473 b
1 "Family member" means a parent, grandparent, child,
2sibling, aunt, uncle, great-aunt, or great-uncle, whether by
3whole blood, half-blood, or adoption, and includes a
4step-grandparent, step-parent, or step-child. "Family member"
5also means, if the victim is a child under 18 years of age, an
6accused who has resided in the household with the child
7continuously for at least 3 6 months.
8 "Force or threat of force" means the use of force or
9violence or the threat of force or violence, including, but
10not limited to, the following situations:
11 (1) when the accused threatens to use force or
12 violence on the victim or on any other person, and the
13 victim under the circumstances reasonably believes that
14 the accused has the ability to execute that threat; or
15 (2) when the accused overcomes the victim by use of
16 superior strength or size, physical restraint, or physical
17 confinement.
18 "Harmful to minors". See Section 11-21.
19 "Loiter". See Section 9.3.
20 "Material". See Section 11-21.
21 "Minor". See Section 11-21.
22 "Nudity". See Section 11-21.
23 "Obscene". See Section 11-20.
24 "Part day child care facility". See Section 11-9.3.
25 "Penal system". See Section 11-9.2.
26 "Person responsible for the child's welfare". See Section

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111-9.1A.
2 "Person with a disability". See Section 11-9.5.
3 "Playground". See Section 11-9.3.
4 "Probation officer". See Section 11-9.2.
5 "Produce". See Section 11-20.1.
6 "Profit from prostitution" means, when acting other than
7as a prostitute, to receive anything of value for personally
8rendered prostitution services or to receive anything of value
9from a prostitute, if the thing received is not for lawful
10consideration and the person knows it was earned in whole or in
11part from the practice of prostitution.
12 "Public park". See Section 11-9.3.
13 "Public place". See Section 11-30.
14 "Reproduce". See Section 11-20.1.
15 "Sado-masochistic abuse". See Section 11-21.
16 "School". See Section 11-9.3.
17 "School official". See Section 11-9.3.
18 "Sexual abuse". See Section 11-9.1A.
19 "Sexual act". See Section 11-9.1.
20 "Sexual conduct" means any knowing touching or fondling by
21the victim or the accused, either directly or through
22clothing, of the sex organs, anus, or breast of the victim or
23the accused, or any part of the body of a child under 13 years
24of age, or any transfer or transmission of semen by the accused
25upon any part of the clothed or unclothed body of the victim,
26for the purpose of sexual gratification or arousal of the

HB2458 Engrossed- 44 -LRB103 26118 RLC 52473 b
1victim or the accused.
2 "Sexual excitement". See Section 11-21.
3 "Sexual penetration" means any contact, however slight,
4between the sex organ or anus of one person and an object or
5the sex organ, mouth, or anus of another person, or any
6intrusion, however slight, of any part of the body of one
7person or of any animal or object into the sex organ or anus of
8another person, including, but not limited to, cunnilingus,
9fellatio, or anal penetration. Evidence of emission of semen
10is not required to prove sexual penetration.
11 "Solicit". See Section 11-6.
12 "State-operated facility". See Section 11-9.5.
13 "Supervising officer". See Section 11-9.2.
14 "Surveillance agent". See Section 11-9.2.
15 "Treatment and detention facility". See Section 11-9.2.
16 "Unable to give knowing consent" includes, but is not
17limited to, when the victim was asleep, unconscious, or
18surprised such that the victim could not give voluntary and
19knowing agreement to the sexual act. "Unable to give knowing
20consent" also includes when the accused administers any
21intoxicating or anesthetic substance, or any controlled
22substance causing the victim to become unconscious of the
23nature of the act and this condition was known, or reasonably
24should have been known by the accused. "Unable to give knowing
25consent" also includes when the victim has taken an
26intoxicating substance or any controlled substance causing the

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

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

HB2458 Engrossed- 47 -LRB103 26118 RLC 52473 b
1 that at the time of the offense, such person was detained
2 or in custody and the police officer, peace officer, or
3 other law enforcement official is not married to such
4 detainee.
5 "Victim" means a person alleging to have been subjected to
6an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40,
711-1.50, or 11-1.60 of this Code.
8(Source: P.A. 102-567, eff. 1-1-22; 102-1096, eff. 1-1-23.)
9 (720 ILCS 5/11-9.1) (from Ch. 38, par. 11-9.1)
10 Sec. 11-9.1. Sexual exploitation of a child.
11 (a) A person commits sexual exploitation of a child if in
12the presence or virtual presence, or both, of a child and with
13knowledge that a child or one whom he or she believes to be a
14child would view his or her acts, that person:
15 (1) engages in a sexual act; or
16 (2) exposes his or her sex organs, anus or breast for
17 the purpose of sexual arousal or gratification of such
18 person or the child or one whom he or she believes to be a
19 child; or
20 (3) knowingly entices, coerces, or persuades a child
21 to participate in the production of the recording or
22 memorializing a sexual act of persons ages 18 or older.
23 (a-5) A person commits sexual exploitation of a child who
24knowingly entices, coerces, or persuades a child to remove the
25child's clothing for the purpose of sexual arousal or

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1gratification of the person or the child, or both.
2 (b) Definitions. As used in this Section:
3 "Sexual act" means masturbation, sexual conduct or sexual
4penetration as defined in Section 11-0.1 of this Code.
5 "Sex offense" means any violation of Article 11 of this
6Code.
7 "Child" means a person under 17 years of age.
8 "Virtual presence" means an environment that is created
9with software and presented to the user and or receiver via the
10Internet, in such a way that the user appears in front of the
11receiver on the computer monitor or screen or hand-held
12portable electronic device, usually through a web camming
13program. "Virtual presence" includes primarily experiencing
14through sight or sound, or both, a video image that can be
15explored interactively at a personal computer or hand-held
16communication device, or both.
17 "Webcam" means a video capturing device connected to a
18computer or computer network that is designed to take digital
19photographs or live or recorded video which allows for the
20live transmission to an end user over the Internet.
21 (c) Sentence.
22 (1) Sexual exploitation of a child is a Class A
23 misdemeanor. A second or subsequent violation of this
24 Section or a substantially similar law of another state is
25 a Class 4 felony.
26 (2) Sexual exploitation of a child is a Class 4 felony

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1 if the person has been previously convicted of a sex
2 offense.
3 (3) Sexual exploitation of a child is a Class 4 felony
4 if the victim was under 13 years of age at the time of the
5 commission of the offense.
6 (4) Sexual exploitation of a child is a Class 4 felony
7 if committed by a person 18 years of age or older who is on
8 or within 500 feet of elementary or secondary school
9 grounds when children are present on the grounds.
10 (5) A violation of paragraph (3) of subsection (a) is
11 a Class 4 felony.
12(Source: P.A. 102-168, eff. 7-27-21.)
13 (720 ILCS 5/11-9.3)
14 Sec. 11-9.3. Presence within school zone by child sex
15offenders prohibited; approaching, contacting, residing with,
16or communicating with a child within certain places by child
17sex offenders prohibited.
18 (a) It is unlawful for a child sex offender to knowingly be
19present in any school building, on real property comprising
20any school, or in any conveyance owned, leased, or contracted
21by a school to transport students to or from school or a school
22related activity when persons under the age of 18 are present
23in the building, on the grounds or in the conveyance, unless
24the offender is a parent or guardian of a student attending the
25school and the parent or guardian is: (i) attending a

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

HB2458 Engrossed- 51 -LRB103 26118 RLC 52473 b
1are present at the site.
2 (a-10) It is unlawful for a child sex offender to
3knowingly be present in any public park building, a playground
4or recreation area within any publicly accessible privately
5owned building, or on real property comprising any public park
6when persons under the age of 18 are present in the building or
7on the grounds and to approach, contact, or communicate with a
8child under 18 years of age, unless the offender is a parent or
9guardian of a person under 18 years of age present in the
10building or on the grounds.
11 (b) It is unlawful for a child sex offender to knowingly
12loiter within 500 feet of a school building or real property
13comprising any school while persons under the age of 18 are
14present in the building or on the grounds, unless the offender
15is a parent or guardian of a student attending the school and
16the parent or guardian is: (i) attending a conference at the
17school with school personnel to discuss the progress of his or
18her child academically or socially, (ii) participating in
19child review conferences in which evaluation and placement
20decisions may be made with respect to his or her child
21regarding special education services, or (iii) attending
22conferences to discuss other student issues concerning his or
23her child such as retention and promotion and notifies the
24principal of the school of his or her presence at the school or
25has permission to be present from the superintendent or the
26school board or in the case of a private school from the

HB2458 Engrossed- 52 -LRB103 26118 RLC 52473 b
1principal. In the case of a public school, if permission is
2granted, the superintendent or school board president must
3inform the principal of the school where the sex offender will
4be present. Notification includes the nature of the sex
5offender's visit and the hours in which the sex offender will
6be present in the school. The sex offender is responsible for
7notifying the principal's office when he or she arrives on
8school property and when he or she departs from school
9property. If the sex offender is to be present in the vicinity
10of children, the sex offender has the duty to remain under the
11direct supervision of a school official.
12 (b-2) It is unlawful for a child sex offender to knowingly
13loiter on a public way within 500 feet of a public park
14building or real property comprising any public park while
15persons under the age of 18 are present in the building or on
16the grounds and to approach, contact, or communicate with a
17child under 18 years of age, unless the offender is a parent or
18guardian of a person under 18 years of age present in the
19building or on the grounds.
20 (b-5) It is unlawful for a child sex offender to knowingly
21reside within 500 feet of a school building or the real
22property comprising any school that persons under the age of
2318 attend. Nothing in this subsection (b-5) prohibits a child
24sex offender from residing within 500 feet of a school
25building or the real property comprising any school that
26persons under 18 attend if the property is owned by the child

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1sex offender and was purchased before July 7, 2000 (the
2effective date of Public Act 91-911).
3 (b-10) It is unlawful for a child sex offender to
4knowingly reside within 500 feet of a playground, child care
5institution, day care center, part day child care facility,
6day care home, group day care home, or a facility providing
7programs or services exclusively directed toward persons under
818 years of age. Nothing in this subsection (b-10) prohibits a
9child sex offender from residing within 500 feet of a
10playground or a facility providing programs or services
11exclusively directed toward persons under 18 years of age if
12the property is owned by the child sex offender and was
13purchased before July 7, 2000. Nothing in this subsection
14(b-10) prohibits a child sex offender from residing within 500
15feet of a child care institution, day care center, or part day
16child care facility if the property is owned by the child sex
17offender and was purchased before June 26, 2006. Nothing in
18this subsection (b-10) prohibits a child sex offender from
19residing within 500 feet of a day care home or group day care
20home if the property is owned by the child sex offender and was
21purchased before August 14, 2008 (the effective date of Public
22Act 95-821).
23 (b-15) It is unlawful for a child sex offender to
24knowingly reside within 500 feet of the victim of the sex
25offense. Nothing in this subsection (b-15) prohibits a child
26sex offender from residing within 500 feet of the victim if the

HB2458 Engrossed- 54 -LRB103 26118 RLC 52473 b
1property in which the child sex offender resides is owned by
2the child sex offender and was purchased before August 22,
32002.
4 This subsection (b-15) does not apply if the victim of the
5sex offense is 21 years of age or older.
6 (b-20) It is unlawful for a child sex offender to
7knowingly communicate, other than for a lawful purpose under
8Illinois law, using the Internet or any other digital media,
9with a person under 18 years of age or with a person whom he or
10she believes to be a person under 18 years of age, unless the
11offender is a parent or guardian of the person under 18 years
12of age.
13 (c) It is unlawful for a child sex offender to knowingly
14operate, manage, be employed by, volunteer at, be associated
15with, or knowingly be present at any: (i) facility providing
16programs or services exclusively directed toward persons under
17the age of 18; (ii) day care center; (iii) part day child care
18facility; (iv) child care institution; (v) school providing
19before and after school programs for children under 18 years
20of age; (vi) day care home; or (vii) group day care home. This
21does not prohibit a child sex offender from owning the real
22property upon which the programs or services are offered or
23upon which the day care center, part day child care facility,
24child care institution, or school providing before and after
25school programs for children under 18 years of age is located,
26provided the child sex offender refrains from being present on

HB2458 Engrossed- 55 -LRB103 26118 RLC 52473 b
1the premises for the hours during which: (1) the programs or
2services are being offered or (2) the day care center, part day
3child care facility, child care institution, or school
4providing before and after school programs for children under
518 years of age, day care home, or group day care home is
6operated.
7 (c-2) It is unlawful for a child sex offender to
8participate in a holiday event involving children under 18
9years of age, including but not limited to distributing candy
10or other items to children on Halloween, wearing a Santa Claus
11costume on or preceding Christmas, being employed as a
12department store Santa Claus, or wearing an Easter Bunny
13costume on or preceding Easter. For the purposes of this
14subsection, child sex offender has the meaning as defined in
15this Section, but does not include as a sex offense under
16paragraph (2) of subsection (d) of this Section, the offense
17under subsection (c) of Section 11-1.50 of this Code. This
18subsection does not apply to a child sex offender who is a
19parent or guardian of children under 18 years of age that are
20present in the home and other non-familial minors are not
21present.
22 (c-5) It is unlawful for a child sex offender to knowingly
23operate, manage, be employed by, or be associated with any
24carnival, amusement enterprise, or county or State fair when
25persons under the age of 18 are present.
26 (c-6) It is unlawful for a child sex offender who owns and

HB2458 Engrossed- 56 -LRB103 26118 RLC 52473 b
1resides at residential real estate to knowingly rent any
2residential unit within the same building in which he or she
3resides to a person who is the parent or guardian of a child or
4children under 18 years of age. This subsection shall apply
5only to leases or other rental arrangements entered into after
6January 1, 2009 (the effective date of Public Act 95-820).
7 (c-7) It is unlawful for a child sex offender to knowingly
8offer or provide any programs or services to persons under 18
9years of age in his or her residence or the residence of
10another or in any facility for the purpose of offering or
11providing such programs or services, whether such programs or
12services are offered or provided by contract, agreement,
13arrangement, or on a volunteer basis.
14 (c-8) It is unlawful for a child sex offender to knowingly
15operate, whether authorized to do so or not, any of the
16following vehicles: (1) a vehicle which is specifically
17designed, constructed or modified and equipped to be used for
18the retail sale of food or beverages, including but not
19limited to an ice cream truck; (2) an authorized emergency
20vehicle; or (3) a rescue vehicle.
21 (d) Definitions. In this Section:
22 (1) "Child sex offender" means any person who:
23 (i) has been charged under Illinois law, or any
24 substantially similar federal law or law of another
25 state, with a sex offense set forth in paragraph (2) of
26 this subsection (d) or the attempt to commit an

HB2458 Engrossed- 57 -LRB103 26118 RLC 52473 b
1 included sex offense, and the victim is a person under
2 18 years of age at the time of the offense; and:
3 (A) is convicted of such offense or an attempt
4 to commit such offense; or
5 (B) is found not guilty by reason of insanity
6 of such offense or an attempt to commit such
7 offense; or
8 (C) is found not guilty by reason of insanity
9 pursuant to subsection (c) of Section 104-25 of
10 the Code of Criminal Procedure of 1963 of such
11 offense or an attempt to commit such offense; or
12 (D) is the subject of a finding not resulting
13 in an acquittal at a hearing conducted pursuant to
14 subsection (a) of Section 104-25 of the Code of
15 Criminal Procedure of 1963 for the alleged
16 commission or attempted commission of such
17 offense; or
18 (E) is found not guilty by reason of insanity
19 following a hearing conducted pursuant to a
20 federal law or the law of another state
21 substantially similar to subsection (c) of Section
22 104-25 of the Code of Criminal Procedure of 1963
23 of such offense or of the attempted commission of
24 such offense; or
25 (F) is the subject of a finding not resulting
26 in an acquittal at a hearing conducted pursuant to

HB2458 Engrossed- 58 -LRB103 26118 RLC 52473 b
1 a federal law or the law of another state
2 substantially similar to subsection (a) of Section
3 104-25 of the Code of Criminal Procedure of 1963
4 for the alleged violation or attempted commission
5 of such offense; or
6 (ii) is certified as a sexually dangerous person
7 pursuant to the Illinois Sexually Dangerous Persons
8 Act, or any substantially similar federal law or the
9 law of another state, when any conduct giving rise to
10 such certification is committed or attempted against a
11 person less than 18 years of age; or
12 (iii) is subject to the provisions of Section 2 of
13 the Interstate Agreements on Sexually Dangerous
14 Persons Act.
15 Convictions that result from or are connected with the
16 same act, or result from offenses committed at the same
17 time, shall be counted for the purpose of this Section as
18 one conviction. Any conviction set aside pursuant to law
19 is not a conviction for purposes of this Section.
20 (2) Except as otherwise provided in paragraph (2.5),
21 "sex offense" means:
22 (i) A violation of any of the following Sections
23 of the Criminal Code of 1961 or the Criminal Code of
24 2012: 10-4 (forcible detention), 10-7 (aiding or
25 abetting child abduction under Section 10-5(b)(10)),
26 10-5(b)(10) (child luring), 11-1.40 (predatory

HB2458 Engrossed- 59 -LRB103 26118 RLC 52473 b
1 criminal sexual assault of a child), 11-6 (indecent
2 solicitation of a child), 11-6.5 (indecent
3 solicitation of an adult), 11-9.1 (sexual exploitation
4 of a child), 11-9.2 (custodial sexual misconduct),
5 11-9.5 (sexual misconduct with a person with a
6 disability), 11-11 (sexual relations within families),
7 11-14.3(a)(1) (promoting prostitution by advancing
8 prostitution), 11-14.3(a)(2)(A) (promoting
9 prostitution by profiting from prostitution by
10 compelling a person to be a prostitute),
11 11-14.3(a)(2)(C) (promoting prostitution by profiting
12 from prostitution by means other than as described in
13 subparagraphs (A) and (B) of paragraph (2) of
14 subsection (a) of Section 11-14.3), 11-14.4 (promoting
15 juvenile prostitution), 11-18.1 (patronizing a
16 juvenile prostitute), 11-20.1 (child sexual abuse
17 material pornography), 11-20.1B (aggravated child
18 pornography), 11-21 (harmful material), 11-25
19 (grooming), 11-26 (traveling to meet a minor or
20 traveling to meet a child), 12-33 (ritualized abuse of
21 a child), 11-20 (obscenity) (when that offense was
22 committed in any school, on real property comprising
23 any school, in any conveyance owned, leased, or
24 contracted by a school to transport students to or
25 from school or a school related activity, or in a
26 public park), 11-30 (public indecency) (when committed

HB2458 Engrossed- 60 -LRB103 26118 RLC 52473 b
1 in a school, on real property comprising a school, in
2 any conveyance owned, leased, or contracted by a
3 school to transport students to or from school or a
4 school related activity, or in a public park). An
5 attempt to commit any of these offenses.
6 (ii) A violation of any of the following Sections
7 of the Criminal Code of 1961 or the Criminal Code of
8 2012, when the victim is a person under 18 years of
9 age: 11-1.20 (criminal sexual assault), 11-1.30
10 (aggravated criminal sexual assault), 11-1.50
11 (criminal sexual abuse), 11-1.60 (aggravated criminal
12 sexual abuse). An attempt to commit any of these
13 offenses.
14 (iii) A violation of any of the following Sections
15 of the Criminal Code of 1961 or the Criminal Code of
16 2012, when the victim is a person under 18 years of age
17 and the defendant is not a parent of the victim:
18 10-1 (kidnapping),
19 10-2 (aggravated kidnapping),
20 10-3 (unlawful restraint),
21 10-3.1 (aggravated unlawful restraint),
22 11-9.1(A) (permitting sexual abuse of a child).
23 An attempt to commit any of these offenses.
24 (iv) A violation of any former law of this State
25 substantially equivalent to any offense listed in
26 clause (2)(i) or (2)(ii) of subsection (d) of this

HB2458 Engrossed- 61 -LRB103 26118 RLC 52473 b
1 Section.
2 (2.5) For the purposes of subsections (b-5) and (b-10)
3 only, a sex offense means:
4 (i) A violation of any of the following Sections
5 of the Criminal Code of 1961 or the Criminal Code of
6 2012:
7 10-5(b)(10) (child luring), 10-7 (aiding or
8 abetting child abduction under Section 10-5(b)(10)),
9 11-1.40 (predatory criminal sexual assault of a
10 child), 11-6 (indecent solicitation of a child),
11 11-6.5 (indecent solicitation of an adult), 11-9.2
12 (custodial sexual misconduct), 11-9.5 (sexual
13 misconduct with a person with a disability), 11-11
14 (sexual relations within families), 11-14.3(a)(1)
15 (promoting prostitution by advancing prostitution),
16 11-14.3(a)(2)(A) (promoting prostitution by profiting
17 from prostitution by compelling a person to be a
18 prostitute), 11-14.3(a)(2)(C) (promoting prostitution
19 by profiting from prostitution by means other than as
20 described in subparagraphs (A) and (B) of paragraph
21 (2) of subsection (a) of Section 11-14.3), 11-14.4
22 (promoting juvenile prostitution), 11-18.1
23 (patronizing a juvenile prostitute), 11-20.1 (child
24 sexual abuse material pornography), 11-20.1B
25 (aggravated child pornography), 11-25 (grooming),
26 11-26 (traveling to meet a minor or traveling to meet a

HB2458 Engrossed- 62 -LRB103 26118 RLC 52473 b
1 child), or 12-33 (ritualized abuse of a child). An
2 attempt to commit any of these offenses.
3 (ii) A violation of any of the following Sections
4 of the Criminal Code of 1961 or the Criminal Code of
5 2012, when the victim is a person under 18 years of
6 age: 11-1.20 (criminal sexual assault), 11-1.30
7 (aggravated criminal sexual assault), 11-1.60
8 (aggravated criminal sexual abuse), and subsection (a)
9 of Section 11-1.50 (criminal sexual abuse). An attempt
10 to commit any of these offenses.
11 (iii) A violation of any of the following Sections
12 of the Criminal Code of 1961 or the Criminal Code of
13 2012, when the victim is a person under 18 years of age
14 and the defendant is not a parent of the victim:
15 10-1 (kidnapping),
16 10-2 (aggravated kidnapping),
17 10-3 (unlawful restraint),
18 10-3.1 (aggravated unlawful restraint),
19 11-9.1(A) (permitting sexual abuse of a child).
20 An attempt to commit any of these offenses.
21 (iv) A violation of any former law of this State
22 substantially equivalent to any offense listed in this
23 paragraph (2.5) of this subsection.
24 (3) A conviction for an offense of federal law or the
25 law of another state that is substantially equivalent to
26 any offense listed in paragraph (2) of subsection (d) of

HB2458 Engrossed- 63 -LRB103 26118 RLC 52473 b
1 this Section shall constitute a conviction for the purpose
2 of this Section. A finding or adjudication as a sexually
3 dangerous person under any federal law or law of another
4 state that is substantially equivalent to the Sexually
5 Dangerous Persons Act shall constitute an adjudication for
6 the purposes of this Section.
7 (4) "Authorized emergency vehicle", "rescue vehicle",
8 and "vehicle" have the meanings ascribed to them in
9 Sections 1-105, 1-171.8 and 1-217, respectively, of the
10 Illinois Vehicle Code.
11 (5) "Child care institution" has the meaning ascribed
12 to it in Section 2.06 of the Child Care Act of 1969.
13 (6) "Day care center" has the meaning ascribed to it
14 in Section 2.09 of the Child Care Act of 1969.
15 (7) "Day care home" has the meaning ascribed to it in
16 Section 2.18 of the Child Care Act of 1969.
17 (8) "Facility providing programs or services directed
18 towards persons under the age of 18" means any facility
19 providing programs or services exclusively directed
20 towards persons under the age of 18.
21 (9) "Group day care home" has the meaning ascribed to
22 it in Section 2.20 of the Child Care Act of 1969.
23 (10) "Internet" has the meaning set forth in Section
24 16-0.1 of this Code.
25 (11) "Loiter" means:
26 (i) Standing, sitting idly, whether or not the

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1 person is in a vehicle, or remaining in or around
2 school or public park property.
3 (ii) Standing, sitting idly, whether or not the
4 person is in a vehicle, or remaining in or around
5 school or public park property, for the purpose of
6 committing or attempting to commit a sex offense.
7 (iii) Entering or remaining in a building in or
8 around school property, other than the offender's
9 residence.
10 (12) "Part day child care facility" has the meaning
11 ascribed to it in Section 2.10 of the Child Care Act of
12 1969.
13 (13) "Playground" means a piece of land owned or
14 controlled by a unit of local government that is
15 designated by the unit of local government for use solely
16 or primarily for children's recreation.
17 (14) "Public park" includes a park, forest preserve,
18 bikeway, trail, or conservation area under the
19 jurisdiction of the State or a unit of local government.
20 (15) "School" means a public or private preschool or
21 elementary or secondary school.
22 (16) "School official" means the principal, a teacher,
23 or any other certified employee of the school, the
24 superintendent of schools or a member of the school board.
25 (e) For the purposes of this Section, the 500 feet
26distance shall be measured from: (1) the edge of the property

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1of the school building or the real property comprising the
2school that is closest to the edge of the property of the child
3sex offender's residence or where he or she is loitering, and
4(2) the edge of the property comprising the public park
5building or the real property comprising the public park,
6playground, child care institution, day care center, part day
7child care facility, or facility providing programs or
8services exclusively directed toward persons under 18 years of
9age, or a victim of the sex offense who is under 21 years of
10age, to the edge of the child sex offender's place of residence
11or place where he or she is loitering.
12 (f) Sentence. A person who violates this Section is guilty
13of a Class 4 felony.
14(Source: P.A. 102-997, eff. 1-1-23.)
15 (720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
16 Sec. 11-20.1. Child sexual abuse material pornography.
17 (a) Recognizing the enormous negative societal impact that
18sexually explicit visual depictions of children engaged in
19sexual abuse activities have on the children who are abused,
20and the overarching broader impact these materials and imagery
21have at various levels to the public, especially when this
22material is disseminated, we are changing all references in
23Illinois statutes from "child pornography" to "child sexual
24abuse material". It is important that the statutes of the
25State of Illinois reflect the content and realities of these

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1materials as the sexual abuse and exploitation of children.
2The word "pornography" implied legality involving "consent" of
3which this imagery is not, as children can never "consent" to
4sexual abuse and sexual exploitation. This name change is not
5a change in meaning, definitions, statutes or application of
6the laws of this State and all previous references to "child
7pornography" are now encapsulated in "child sexual abuse
8materials".
9 A person commits child sexual abuse material pornography
10who:
11 (1) films, videotapes, photographs, or otherwise
12 depicts or portrays by means of any similar visual medium
13 or reproduction or depicts by computer any child whom he
14 or she knows or reasonably should know to be under the age
15 of 18 or any person with a severe or profound intellectual
16 disability where such child or person with a severe or
17 profound intellectual disability is:
18 (i) actually or by simulation engaged in any act
19 of sexual penetration or sexual conduct with any
20 person or animal; or
21 (ii) actually or by simulation engaged in any act
22 of sexual penetration or sexual conduct involving the
23 sex organs of the child or person with a severe or
24 profound intellectual disability and the mouth, anus,
25 or sex organs of another person or animal; or which
26 involves the mouth, anus or sex organs of the child or

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1 person with a severe or profound intellectual
2 disability and the sex organs of another person or
3 animal; or
4 (iii) actually or by simulation engaged in any act
5 of masturbation; or
6 (iv) actually or by simulation portrayed as being
7 the object of, or otherwise engaged in, any act of lewd
8 fondling, touching, or caressing involving another
9 person or animal; or
10 (v) actually or by simulation engaged in any act
11 of excretion or urination within a sexual context; or
12 (vi) actually or by simulation portrayed or
13 depicted as bound, fettered, or subject to sadistic,
14 masochistic, or sadomasochistic abuse in any sexual
15 context; or
16 (vii) depicted or portrayed in any pose, posture
17 or setting involving a lewd exhibition of the
18 unclothed or transparently clothed genitals, pubic
19 area, buttocks, or, if such person is female, a fully
20 or partially developed breast of the child or other
21 person; or
22 (2) with the knowledge of the nature or content
23 thereof, reproduces, disseminates, offers to disseminate,
24 exhibits or possesses with intent to disseminate any film,
25 videotape, photograph or other similar visual reproduction
26 or depiction by computer of any child or person with a

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

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

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1 which the child or person with a severe or profound
2 intellectual disability will be depicted, actually or by
3 simulation, in any act, pose, or setting described in
4 subparagraphs (i) through (vii) of paragraph (1) of this
5 subsection.
6 (a-5) The possession of each individual film, videotape,
7photograph, or other similar visual reproduction or depiction
8by computer in violation of this Section constitutes a single
9and separate violation. This subsection (a-5) does not apply
10to multiple copies of the same film, videotape, photograph, or
11other similar visual reproduction or depiction by computer
12that are identical to each other.
13 (b)(1) It shall be an affirmative defense to a charge of
14child sexual abuse material pornography that the defendant
15reasonably believed, under all of the circumstances, that the
16child was 18 years of age or older or that the person was not a
17person with a severe or profound intellectual disability but
18only where, prior to the act or acts giving rise to a
19prosecution under this Section, he or she took some
20affirmative action or made a bonafide inquiry designed to
21ascertain whether the child was 18 years of age or older or
22that the person was not a person with a severe or profound
23intellectual disability and his or her reliance upon the
24information so obtained was clearly reasonable.
25 (1.5) Telecommunications carriers, commercial mobile
26service providers, and providers of information services,

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1including, but not limited to, Internet service providers and
2hosting service providers, are not liable under this Section
3by virtue of the transmission, storage, or caching of
4electronic communications or messages of others or by virtue
5of the provision of other related telecommunications,
6commercial mobile services, or information services used by
7others in violation of this Section.
8 (2) (Blank).
9 (3) The charge of child sexual abuse material pornography
10shall not apply to the performance of official duties by law
11enforcement or prosecuting officers or persons employed by law
12enforcement or prosecuting agencies, court personnel or
13attorneys, nor to bonafide treatment or professional education
14programs conducted by licensed physicians, psychologists or
15social workers. In any criminal proceeding, any property or
16material that constitutes child sexual abuse material
17pornography shall remain in the care, custody, and control of
18either the State or the court. A motion to view the evidence
19shall comply with subsection (e-5) of this Section.
20 (4) If the defendant possessed more than one of the same
21film, videotape or visual reproduction or depiction by
22computer in which child sexual abuse material pornography is
23depicted, then the trier of fact may infer that the defendant
24possessed such materials with the intent to disseminate them.
25 (5) The charge of child sexual abuse material pornography
26does not apply to a person who does not voluntarily possess a

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1film, videotape, or visual reproduction or depiction by
2computer in which child sexual abuse material pornography is
3depicted. Possession is voluntary if the defendant knowingly
4procures or receives a film, videotape, or visual reproduction
5or depiction for a sufficient time to be able to terminate his
6or her possession.
7 (6) Any violation of paragraph (1), (2), (3), (4), (5), or
8(7) of subsection (a) that includes a child engaged in,
9solicited for, depicted in, or posed in any act of sexual
10penetration or bound, fettered, or subject to sadistic,
11masochistic, or sadomasochistic abuse in a sexual context
12shall be deemed a crime of violence.
13 (c) If the violation does not involve a film, videotape,
14or other moving depiction, a violation of paragraph (1), (4),
15(5), or (7) of subsection (a) is a Class 1 felony with a
16mandatory minimum fine of $2,000 and a maximum fine of
17$100,000. If the violation involves a film, videotape, or
18other moving depiction, a violation of paragraph (1), (4),
19(5), or (7) of subsection (a) is a Class X felony with a
20mandatory minimum fine of $2,000 and a maximum fine of
21$100,000. If the violation does not involve a film, videotape,
22or other moving depiction, a violation of paragraph (3) of
23subsection (a) is a Class 1 felony with a mandatory minimum
24fine of $1500 and a maximum fine of $100,000. If the violation
25involves a film, videotape, or other moving depiction, a
26violation of paragraph (3) of subsection (a) is a Class X

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

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1convicted under the laws of this State or any other state of
2the offense of child sexual abuse material pornography,
3aggravated child pornography, aggravated criminal sexual
4abuse, aggravated criminal sexual assault, predatory criminal
5sexual assault of a child, or any of the offenses formerly
6known as rape, deviate sexual assault, indecent liberties with
7a child, or aggravated indecent liberties with a child where
8the victim was under the age of 18 years or an offense that is
9substantially equivalent to those offenses, is guilty of a
10Class X felony for which the person shall be sentenced to a
11term of imprisonment of not less than 9 years with a mandatory
12minimum fine of $2,000 and a maximum fine of $100,000. Where
13the child depicted is under the age of 13, a person who commits
14a violation of paragraph (6) of subsection (a) where the
15defendant has previously been convicted under the laws of this
16State or any other state of the offense of child sexual abuse
17material pornography, aggravated child pornography, aggravated
18criminal sexual abuse, aggravated criminal sexual assault,
19predatory criminal sexual assault of a child, or any of the
20offenses formerly known as rape, deviate sexual assault,
21indecent liberties with a child, or aggravated indecent
22liberties with a child where the victim was under the age of 18
23years or an offense that is substantially equivalent to those
24offenses, is guilty of a Class 1 felony with a mandatory
25minimum fine of $1,000 and a maximum fine of $100,000. The
26issue of whether the child depicted is under the age of 13 is

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1an element of the offense to be resolved by the trier of fact.
2 (d) If a person is convicted of a second or subsequent
3violation of this Section within 10 years of a prior
4conviction, the court shall order a presentence psychiatric
5examination of the person. The examiner shall report to the
6court whether treatment of the person is necessary.
7 (e) Any film, videotape, photograph or other similar
8visual reproduction or depiction by computer which includes a
9child under the age of 18 or a person with a severe or profound
10intellectual disability engaged in any activity described in
11subparagraphs (i) through (vii) of or paragraph (1) 1 of
12subsection (a), and any material or equipment used or intended
13for use in photographing, filming, printing, producing,
14reproducing, manufacturing, projecting, exhibiting, depiction
15by computer, or disseminating such material shall be seized
16and forfeited in the manner, method and procedure provided by
17Section 36-1 of this Code for the seizure and forfeiture of
18vessels, vehicles and aircraft.
19 In addition, any person convicted under this Section is
20subject to the property forfeiture provisions set forth in
21Article 124B of the Code of Criminal Procedure of 1963.
22 (e-5) Upon the conclusion of a case brought under this
23Section, the court shall seal all evidence depicting a victim
24or witness that is sexually explicit. The evidence may be
25unsealed and viewed, on a motion of the party seeking to unseal
26and view the evidence, only for good cause shown and in the

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1discretion of the court. The motion must expressly set forth
2the purpose for viewing the material. The State's Attorney
3attorney and the victim, if possible, shall be provided
4reasonable notice of the hearing on the motion to unseal the
5evidence. Any person entitled to notice of a hearing under
6this subsection (e-5) may object to the motion.
7 (f) Definitions. For the purposes of this Section:
8 (1) "Disseminate" means (i) to sell, distribute,
9 exchange or transfer possession, whether with or without
10 consideration or (ii) to make a depiction by computer
11 available for distribution or downloading through the
12 facilities of any telecommunications network or through
13 any other means of transferring computer programs or data
14 to a computer.
15 (2) "Produce" means to direct, promote, advertise,
16 publish, manufacture, issue, present or show.
17 (3) "Reproduce" means to make a duplication or copy.
18 (4) "Depict by computer" means to generate or create,
19 or cause to be created or generated, a computer program or
20 data that, after being processed by a computer either
21 alone or in conjunction with one or more computer
22 programs, results in a visual depiction on a computer
23 monitor, screen, or display.
24 (5) "Depiction by computer" means a computer program
25 or data that, after being processed by a computer either
26 alone or in conjunction with one or more computer

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

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1 (i) Section 50-5 of Public Act 88-680, effective
2 January 1, 1995, contained provisions amending the
3 child sexual abuse material pornography statute,
4 Section 11-20.1 of the Criminal Code of 1961. Section
5 50-5 also contained other provisions.
6 (ii) In addition, Public Act 88-680 was entitled
7 "AN ACT to create a Safe Neighborhoods Law". (A)
8 Article 5 was entitled JUVENILE JUSTICE and amended
9 the Juvenile Court Act of 1987. (B) Article 15 was
10 entitled GANGS and amended various provisions of the
11 Criminal Code of 1961 and the Unified Code of
12 Corrections. (C) Article 20 was entitled ALCOHOL ABUSE
13 and amended various provisions of the Illinois Vehicle
14 Code. (D) Article 25 was entitled DRUG ABUSE and
15 amended the Cannabis Control Act and the Illinois
16 Controlled Substances Act. (E) Article 30 was entitled
17 FIREARMS and amended the Criminal Code of 1961 and the
18 Code of Criminal Procedure of 1963. (F) Article 35
19 amended the Criminal Code of 1961, the Rights of Crime
20 Victims and Witnesses Act, and the Unified Code of
21 Corrections. (G) Article 40 amended the Criminal Code
22 of 1961 to increase the penalty for compelling
23 organization membership of persons. (H) Article 45
24 created the Secure Residential Youth Care Facility
25 Licensing Act and amended the State Finance Act, the
26 Juvenile Court Act of 1987, the Unified Code of

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1 Corrections, and the Private Correctional Facility
2 Moratorium Act. (I) Article 50 amended the WIC Vendor
3 Management Act, the Firearm Owners Identification Card
4 Act, the Juvenile Court Act of 1987, the Criminal Code
5 of 1961, the Wrongs to Children Act, and the Unified
6 Code of Corrections.
7 (iii) On September 22, 1998, the Third District
8 Appellate Court in People v. Dainty, 701 N.E. 2d 118,
9 ruled that Public Act 88-680 violates the single
10 subject clause of the Illinois Constitution (Article
11 IV, Section 8 (d)) and was unconstitutional in its
12 entirety. As of the time this amendatory Act of 1999
13 was prepared, People v. Dainty was still subject to
14 appeal.
15 (iv) Child sexual abuse material pornography is a
16 vital concern to the people of this State and the
17 validity of future prosecutions under the child sexual
18 abuse material pornography statute of the Criminal
19 Code of 1961 is in grave doubt.
20 (2) It is the purpose of this amendatory Act of 1999 to
21 prevent or minimize any problems relating to prosecutions
22 for child sexual abuse material pornography that may
23 result from challenges to the constitutional validity of
24 Public Act 88-680 by re-enacting the Section relating to
25 child sexual abuse material pornography that was included
26 in Public Act 88-680.

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

HB2458 Engrossed- 81 -LRB103 26118 RLC 52473 b
1within the scope of his professional capacity or employment,
2any film, photograph, videotape, negative, slide, computer
3hard drive or any other magnetic or optical media which
4depicts a child whom the processor or computer technician
5knows or reasonably should know to be under the age of 18 where
6such child is:
7 (i) actually or by simulation engaged in any act of
8 sexual penetration or sexual conduct with any person or
9 animal; or
10 (ii) actually or by simulation engaged in any act of
11 sexual penetration or sexual conduct involving the sex
12 organs of the child and the mouth, anus, or sex organs of
13 another person or animal; or which involves the mouth,
14 anus or sex organs of the child and the sex organs of
15 another person or animal; or
16 (iii) actually or by simulation engaged in any act of
17 masturbation; or
18 (iv) actually or by simulation portrayed as being the
19 object of, or otherwise engaged in, any act of lewd
20 fondling, touching, or caressing involving another person
21 or animal; or
22 (v) actually or by simulation engaged in any act of
23 excretion or urination within a sexual context; or
24 (vi) actually or by simulation portrayed or depicted
25 as bound, fettered, or subject to sadistic, masochistic,
26 or sadomasochistic abuse in any sexual context; or

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

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

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

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1 (b) Sentence. A person who violates subsection (a) of this
2Section is guilty of a Class 4 felony if the victim is at least
317 years of age at the time of the offense and a Class 3 felony
4if the victim is under 17 years of age at the time of the
5offense. A person who violates subsection (a-5) of this
6Section is guilty of a Class 4 felony. A person who violates
7subsection (a-10) of this Section is guilty of a Class 3
8felony.
9 (c) Definitions. For purposes of this Section:
10 (1) "Adult obscenity or child sexual abuse material
11 pornography Internet site" means a site on the Internet
12 that contains material that is obscene as defined in
13 Section 11-20 of this Code or that is child sexual abuse
14 material pornography as defined in Section 11-20.1 of this
15 Code.
16 (2) "Internet" has the meaning set forth in Section
17 16-0.1 of this Code.
18(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
19 (720 ILCS 5/11-25)
20 Sec. 11-25. Grooming.
21 (a) A person commits grooming when, being 5 years or more
22older than a child, or holding a position of trust, authority,
23or supervision in relation to the child at the time of the
24offense, he or she knowingly:
25 (1) uses a computer on-line service, Internet service,

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1 local bulletin board service, or any other device capable
2 of electronic data storage or transmission, performs an
3 act in person or by conduct through a third party, or uses
4 written communication to seduce, solicit, lure, or entice,
5 or attempt to seduce, solicit, lure, or entice, a child, a
6 child's guardian, or another person believed by the person
7 to be a child or a child's guardian, to commit any sex
8 offense as defined in Section 2 of the Sex Offender
9 Registration Act, to distribute photographs depicting the
10 sex organs of the child, or to otherwise engage in any
11 unlawful sexual conduct with a child or with another
12 person believed by the person to be a child; or .
13 (2) engages in a pattern of conduct that seduces,
14 solicits, lures, or entices, or attempts to seduce,
15 solicit, lure, or entice, a child to engage or participate
16 in unlawful sexual conduct that is for the purpose of
17 sexual gratification or arousal of the victim, the
18 accused, or another.
19 (a-5) As used in this Section: ,
20 "Child" "child" means a person under 17 years of age.
21 "Pattern" means 2 or more instances of conduct.
22 "Sex offense" means any violation of Article 11 of this
23Code.
24 "Sexual conduct" means masturbation, sexual conduct, or
25sexual penetration as defined in Section 11-0.1 of this Code.
26 (a-6) Illinois has a compelling interest in effective

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1education and "grooming" does not include conduct that serves
2a legitimate educational purpose pursuant to Section 27-9.1a
3of the School Code.
4 (b) Sentence. Grooming is a Class 4 felony.
5(Source: P.A. 102-676, eff. 6-1-22.)
6 (720 ILCS 5/14-3)
7 Sec. 14-3. Exemptions. The following activities shall be
8exempt from the provisions of this Article:
9 (a) Listening to radio, wireless electronic
10 communications, and television communications of any sort
11 where the same are publicly made;
12 (b) Hearing conversation when heard by employees of
13 any common carrier by wire incidental to the normal course
14 of their employment in the operation, maintenance or
15 repair of the equipment of such common carrier by wire so
16 long as no information obtained thereby is used or
17 divulged by the hearer;
18 (c) Any broadcast by radio, television or otherwise
19 whether it be a broadcast or recorded for the purpose of
20 later broadcasts of any function where the public is in
21 attendance and the conversations are overheard incidental
22 to the main purpose for which such broadcasts are then
23 being made;
24 (d) Recording or listening with the aid of any device
25 to any emergency communication made in the normal course

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

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

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

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1 aggravated child pornography, indecent solicitation of a
2 child, luring of a minor, sexual exploitation of a child,
3 aggravated criminal sexual abuse in which the victim of
4 the offense was at the time of the commission of the
5 offense under 18 years of age, or criminal sexual abuse by
6 force or threat of force in which the victim of the offense
7 was at the time of the commission of the offense under 18
8 years of age shall, upon motion of the State's Attorney or
9 Attorney General prosecuting any case involving child
10 sexual abuse material pornography, aggravated child
11 pornography, indecent solicitation of a child, luring of a
12 minor, sexual exploitation of a child, aggravated criminal
13 sexual abuse in which the victim of the offense was at the
14 time of the commission of the offense under 18 years of
15 age, or criminal sexual abuse by force or threat of force
16 in which the victim of the offense was at the time of the
17 commission of the offense under 18 years of age be
18 reviewed in camera with notice to all parties present by
19 the court presiding over the criminal case, and, if ruled
20 by the court to be relevant and otherwise admissible, it
21 shall be admissible at the trial of the criminal case.
22 Absent such a ruling, any such recording or evidence shall
23 not be admissible at the trial of the criminal case;
24 (h) Recordings made simultaneously with the use of an
25 in-car video camera recording of an oral conversation
26 between a uniformed peace officer, who has identified his

HB2458 Engrossed- 92 -LRB103 26118 RLC 52473 b
1 or her office, and a person in the presence of the peace
2 officer whenever (i) an officer assigned a patrol vehicle
3 is conducting an enforcement stop; or (ii) patrol vehicle
4 emergency lights are activated or would otherwise be
5 activated if not for the need to conceal the presence of
6 law enforcement.
7 For the purposes of this subsection (h), "enforcement
8 stop" means an action by a law enforcement officer in
9 relation to enforcement and investigation duties,
10 including but not limited to, traffic stops, pedestrian
11 stops, abandoned vehicle contacts, motorist assists,
12 commercial motor vehicle stops, roadside safety checks,
13 requests for identification, or responses to requests for
14 emergency assistance;
15 (h-5) Recordings of utterances made by a person while
16 in the presence of a uniformed peace officer and while an
17 occupant of a police vehicle including, but not limited
18 to, (i) recordings made simultaneously with the use of an
19 in-car video camera and (ii) recordings made in the
20 presence of the peace officer utilizing video or audio
21 systems, or both, authorized by the law enforcement
22 agency;
23 (h-10) Recordings made simultaneously with a video
24 camera recording during the use of a taser or similar
25 weapon or device by a peace officer if the weapon or device
26 is equipped with such camera;

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1 (h-15) Recordings made under subsection (h), (h-5), or
2 (h-10) shall be retained by the law enforcement agency
3 that employs the peace officer who made the recordings for
4 a storage period of 90 days, unless the recordings are
5 made as a part of an arrest or the recordings are deemed
6 evidence in any criminal, civil, or administrative
7 proceeding and then the recordings must only be destroyed
8 upon a final disposition and an order from the court.
9 Under no circumstances shall any recording be altered or
10 erased prior to the expiration of the designated storage
11 period. Upon completion of the storage period, the
12 recording medium may be erased and reissued for
13 operational use;
14 (i) Recording of a conversation made by or at the
15 request of a person, not a law enforcement officer or
16 agent of a law enforcement officer, who is a party to the
17 conversation, under reasonable suspicion that another
18 party to the conversation is committing, is about to
19 commit, or has committed a criminal offense against the
20 person or a member of his or her immediate household, and
21 there is reason to believe that evidence of the criminal
22 offense may be obtained by the recording;
23 (j) The use of a telephone monitoring device by either
24 (1) a corporation or other business entity engaged in
25 marketing or opinion research or (2) a corporation or
26 other business entity engaged in telephone solicitation,

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

HB2458 Engrossed- 95 -LRB103 26118 RLC 52473 b
1 subsection (j) on telephone lines used for marketing or
2 opinion research or telephone solicitation purposes
3 results in recording or listening to a conversation that
4 does not relate to marketing or opinion research or
5 telephone solicitation; the person recording or listening
6 shall, immediately upon determining that the conversation
7 does not relate to marketing or opinion research or
8 telephone solicitation, terminate the recording or
9 listening and destroy any such recording as soon as is
10 practicable.
11 Business entities that use a telephone monitoring or
12 telephone recording system pursuant to this exemption (j)
13 shall provide current and prospective employees with
14 notice that the monitoring or recordings may occur during
15 the course of their employment. The notice shall include
16 prominent signage notification within the workplace.
17 Business entities that use a telephone monitoring or
18 telephone recording system pursuant to this exemption (j)
19 shall provide their employees or agents with access to
20 personal-only telephone lines, which may be pay
21 telephones, that are not subject to telephone monitoring
22 or telephone recording.
23 For the purposes of this subsection (j), "telephone
24 solicitation" means a communication through the use of a
25 telephone by live operators:
26 (i) soliciting the sale of goods or services;

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

HB2458 Engrossed- 97 -LRB103 26118 RLC 52473 b
1 Program established under the Illinois Criminal Justice
2 Information Act;
3 (m) An electronic recording, including but not limited
4 to, a motion picture, videotape, digital, or other visual
5 or audio recording, made of the interior of a school bus
6 while the school bus is being used in the transportation
7 of students to and from school and school-sponsored
8 activities, when the school board has adopted a policy
9 authorizing such recording, notice of such recording
10 policy is included in student handbooks and other
11 documents including the policies of the school, notice of
12 the policy regarding recording is provided to parents of
13 students, and notice of such recording is clearly posted
14 on the door of and inside the school bus.
15 Recordings made pursuant to this subsection (m) shall
16 be confidential records and may only be used by school
17 officials (or their designees) and law enforcement
18 personnel for investigations, school disciplinary actions
19 and hearings, proceedings under the Juvenile Court Act of
20 1987, and criminal prosecutions, related to incidents
21 occurring in or around the school bus;
22 (n) Recording or listening to an audio transmission
23 from a microphone placed by a person under the authority
24 of a law enforcement agency inside a bait car surveillance
25 vehicle while simultaneously capturing a photographic or
26 video image;

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1 (o) The use of an eavesdropping camera or audio device
2 during an ongoing hostage or barricade situation by a law
3 enforcement officer or individual acting on behalf of a
4 law enforcement officer when the use of such device is
5 necessary to protect the safety of the general public,
6 hostages, or law enforcement officers or anyone acting on
7 their behalf;
8 (p) Recording or listening with the aid of any device
9 to incoming telephone calls of phone lines publicly listed
10 or advertised as the "CPS Violence Prevention Hotline",
11 but only where the notice of recording is given at the
12 beginning of each call as required by Section 34-21.8 of
13 the School Code. The recordings may be retained only by
14 the Chicago Police Department or other law enforcement
15 authorities, and shall not be otherwise retained or
16 disseminated;
17 (q)(1) With prior request to and written or verbal
18 approval of the State's Attorney of the county in which
19 the conversation is anticipated to occur, recording or
20 listening with the aid of an eavesdropping device to a
21 conversation in which a law enforcement officer, or any
22 person acting at the direction of a law enforcement
23 officer, is a party to the conversation and has consented
24 to the conversation being intercepted or recorded in the
25 course of an investigation of a qualified offense. The
26 State's Attorney may grant this approval only after

HB2458 Engrossed- 99 -LRB103 26118 RLC 52473 b
1 determining that reasonable cause exists to believe that
2 inculpatory conversations concerning a qualified offense
3 will occur with a specified individual or individuals
4 within a designated period of time.
5 (2) Request for approval. To invoke the exception
6 contained in this subsection (q), a law enforcement
7 officer shall make a request for approval to the
8 appropriate State's Attorney. The request may be written
9 or verbal; however, a written memorialization of the
10 request must be made by the State's Attorney. This request
11 for approval shall include whatever information is deemed
12 necessary by the State's Attorney but shall include, at a
13 minimum, the following information about each specified
14 individual whom the law enforcement officer believes will
15 commit a qualified offense:
16 (A) his or her full or partial name, nickname or
17 alias;
18 (B) a physical description; or
19 (C) failing either (A) or (B) of this paragraph
20 (2), any other supporting information known to the law
21 enforcement officer at the time of the request that
22 gives rise to reasonable cause to believe that the
23 specified individual will participate in an
24 inculpatory conversation concerning a qualified
25 offense.
26 (3) Limitations on approval. Each written approval by

HB2458 Engrossed- 100 -LRB103 26118 RLC 52473 b
1 the State's Attorney under this subsection (q) shall be
2 limited to:
3 (A) a recording or interception conducted by a
4 specified law enforcement officer or person acting at
5 the direction of a law enforcement officer;
6 (B) recording or intercepting conversations with
7 the individuals specified in the request for approval,
8 provided that the verbal approval shall be deemed to
9 include the recording or intercepting of conversations
10 with other individuals, unknown to the law enforcement
11 officer at the time of the request for approval, who
12 are acting in conjunction with or as co-conspirators
13 with the individuals specified in the request for
14 approval in the commission of a qualified offense;
15 (C) a reasonable period of time but in no event
16 longer than 24 consecutive hours;
17 (D) the written request for approval, if
18 applicable, or the written memorialization must be
19 filed, along with the written approval, with the
20 circuit clerk of the jurisdiction on the next business
21 day following the expiration of the authorized period
22 of time, and shall be subject to review by the Chief
23 Judge or his or her designee as deemed appropriate by
24 the court.
25 (3.5) The written memorialization of the request for
26 approval and the written approval by the State's Attorney

HB2458 Engrossed- 101 -LRB103 26118 RLC 52473 b
1 may be in any format, including via facsimile, email, or
2 otherwise, so long as it is capable of being filed with the
3 circuit clerk.
4 (3.10) Beginning March 1, 2015, each State's Attorney
5 shall annually submit a report to the General Assembly
6 disclosing:
7 (A) the number of requests for each qualified
8 offense for approval under this subsection; and
9 (B) the number of approvals for each qualified
10 offense given by the State's Attorney.
11 (4) Admissibility of evidence. No part of the contents
12 of any wire, electronic, or oral communication that has
13 been recorded or intercepted as a result of this exception
14 may be received in evidence in any trial, hearing, or
15 other proceeding in or before any court, grand jury,
16 department, officer, agency, regulatory body, legislative
17 committee, or other authority of this State, or a
18 political subdivision of the State, other than in a
19 prosecution of:
20 (A) the qualified offense for which approval was
21 given to record or intercept a conversation under this
22 subsection (q);
23 (B) a forcible felony committed directly in the
24 course of the investigation of the qualified offense
25 for which approval was given to record or intercept a
26 conversation under this subsection (q); or

HB2458 Engrossed- 102 -LRB103 26118 RLC 52473 b
1 (C) any other forcible felony committed while the
2 recording or interception was approved in accordance
3 with this subsection (q), but for this specific
4 category of prosecutions, only if the law enforcement
5 officer or person acting at the direction of a law
6 enforcement officer who has consented to the
7 conversation being intercepted or recorded suffers
8 great bodily injury or is killed during the commission
9 of the charged forcible felony.
10 (5) Compliance with the provisions of this subsection
11 is a prerequisite to the admissibility in evidence of any
12 part of the contents of any wire, electronic or oral
13 communication that has been intercepted as a result of
14 this exception, but nothing in this subsection shall be
15 deemed to prevent a court from otherwise excluding the
16 evidence on any other ground recognized by State or
17 federal law, nor shall anything in this subsection be
18 deemed to prevent a court from independently reviewing the
19 admissibility of the evidence for compliance with the
20 Fourth Amendment to the U.S. Constitution or with Article
21 I, Section 6 of the Illinois Constitution.
22 (6) Use of recordings or intercepts unrelated to
23 qualified offenses. Whenever any private conversation or
24 private electronic communication has been recorded or
25 intercepted as a result of this exception that is not
26 related to an offense for which the recording or intercept

HB2458 Engrossed- 103 -LRB103 26118 RLC 52473 b
1 is admissible under paragraph (4) of this subsection (q),
2 no part of the contents of the communication and evidence
3 derived from the communication may be received in evidence
4 in any trial, hearing, or other proceeding in or before
5 any court, grand jury, department, officer, agency,
6 regulatory body, legislative committee, or other authority
7 of this State, or a political subdivision of the State,
8 nor may it be publicly disclosed in any way.
9 (6.5) The Illinois State Police shall adopt rules as
10 are necessary concerning the use of devices, retention of
11 recordings, and reports regarding their use under this
12 subsection (q).
13 (7) Definitions. For the purposes of this subsection
14 (q) only:
15 "Forcible felony" includes and is limited to those
16 offenses contained in Section 2-8 of the Criminal Code
17 of 1961 as of the effective date of this amendatory Act
18 of the 97th General Assembly, and only as those
19 offenses have been defined by law or judicial
20 interpretation as of that date.
21 "Qualified offense" means and is limited to:
22 (A) a felony violation of the Cannabis Control
23 Act, the Illinois Controlled Substances Act, or
24 the Methamphetamine Control and Community
25 Protection Act, except for violations of:
26 (i) Section 4 of the Cannabis Control Act;

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1 (ii) Section 402 of the Illinois
2 Controlled Substances Act; and
3 (iii) Section 60 of the Methamphetamine
4 Control and Community Protection Act; and
5 (B) first degree murder, solicitation of
6 murder for hire, predatory criminal sexual assault
7 of a child, criminal sexual assault, aggravated
8 criminal sexual assault, aggravated arson,
9 kidnapping, aggravated kidnapping, child
10 abduction, trafficking in persons, involuntary
11 servitude, involuntary sexual servitude of a
12 minor, or gunrunning.
13 "State's Attorney" includes and is limited to the
14 State's Attorney or an assistant State's Attorney
15 designated by the State's Attorney to provide verbal
16 approval to record or intercept conversations under
17 this subsection (q).
18 (8) Sunset. This subsection (q) is inoperative on and
19 after January 1, 2027. No conversations intercepted
20 pursuant to this subsection (q), while operative, shall be
21 inadmissible in a court of law by virtue of the
22 inoperability of this subsection (q) on January 1, 2027.
23 (9) Recordings, records, and custody. Any private
24 conversation or private electronic communication
25 intercepted by a law enforcement officer or a person
26 acting at the direction of law enforcement shall, if

HB2458 Engrossed- 105 -LRB103 26118 RLC 52473 b
1 practicable, be recorded in such a way as will protect the
2 recording from editing or other alteration. Any and all
3 original recordings made under this subsection (q) shall
4 be inventoried without unnecessary delay pursuant to the
5 law enforcement agency's policies for inventorying
6 evidence. The original recordings shall not be destroyed
7 except upon an order of a court of competent jurisdiction;
8 and
9 (r) Electronic recordings, including but not limited
10 to, motion picture, videotape, digital, or other visual or
11 audio recording, made of a lineup under Section 107A-2 of
12 the Code of Criminal Procedure of 1963.
13(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
14102-918, eff. 5-27-22.)
15 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
16 (Text of Section before amendment by P.A. 102-982)
17 Sec. 36-1. Property subject to forfeiture.
18 (a) Any vessel or watercraft, vehicle, or aircraft is
19subject to forfeiture under this Article if the vessel or
20watercraft, vehicle, or aircraft is used with the knowledge
21and consent of the owner in the commission of or in the attempt
22to commit as defined in Section 8-4 of this Code:
23 (1) an offense prohibited by Section 9-1 (first degree
24 murder), Section 9-3 (involuntary manslaughter and
25 reckless homicide), Section 10-2 (aggravated kidnaping),

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1 Section 11-1.20 (criminal sexual assault), Section 11-1.30
2 (aggravated criminal sexual assault), Section 11-1.40
3 (predatory criminal sexual assault of a child), subsection
4 (a) of Section 11-1.50 (criminal sexual abuse), subsection
5 (a), (c), or (d) of Section 11-1.60 (aggravated criminal
6 sexual abuse), Section 11-6 (indecent solicitation of a
7 child), Section 11-14.4 (promoting juvenile prostitution
8 except for keeping a place of juvenile prostitution),
9 Section 11-20.1 (child pornography), paragraph (a)(1),
10 (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3),
11 (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05
12 (aggravated battery), Section 12-7.3 (stalking), Section
13 12-7.4 (aggravated stalking), Section 16-1 (theft if the
14 theft is of precious metal or of scrap metal), subdivision
15 (f)(2) or (f)(3) of Section 16-25 (retail theft), Section
16 18-2 (armed robbery), Section 19-1 (burglary), Section
17 19-2 (possession of burglary tools), Section 19-3
18 (residential burglary), Section 20-1 (arson; residential
19 arson; place of worship arson), Section 20-2 (possession
20 of explosives or explosive or incendiary devices),
21 subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use
22 of weapons), Section 24-1.2 (aggravated discharge of a
23 firearm), Section 24-1.2-5 (aggravated discharge of a
24 machine gun or a firearm equipped with a device designed
25 or used for silencing the report of a firearm), Section
26 24-1.5 (reckless discharge of a firearm), Section 28-1

HB2458 Engrossed- 107 -LRB103 26118 RLC 52473 b
1 (gambling), or Section 29D-15.2 (possession of a deadly
2 substance) of this Code;
3 (2) an offense prohibited by Section 21, 22, 23, 24 or
4 26 of the Cigarette Tax Act if the vessel or watercraft,
5 vehicle, or aircraft contains more than 10 cartons of such
6 cigarettes;
7 (3) an offense prohibited by Section 28, 29, or 30 of
8 the Cigarette Use Tax Act if the vessel or watercraft,
9 vehicle, or aircraft contains more than 10 cartons of such
10 cigarettes;
11 (4) an offense prohibited by Section 44 of the
12 Environmental Protection Act;
13 (5) an offense prohibited by Section 11-204.1 of the
14 Illinois Vehicle Code (aggravated fleeing or attempting to
15 elude a peace officer);
16 (6) an offense prohibited by Section 11-501 of the
17 Illinois Vehicle Code (driving while under the influence
18 of alcohol or other drug or drugs, intoxicating compound
19 or compounds or any combination thereof) or a similar
20 provision of a local ordinance, and:
21 (A) during a period in which his or her driving
22 privileges are revoked or suspended if the revocation
23 or suspension was for:
24 (i) Section 11-501 (driving under the
25 influence of alcohol or other drug or drugs,
26 intoxicating compound or compounds or any

HB2458 Engrossed- 108 -LRB103 26118 RLC 52473 b
1 combination thereof),
2 (ii) Section 11-501.1 (statutory summary
3 suspension or revocation),
4 (iii) paragraph (b) of Section 11-401 (motor
5 vehicle accidents involving death or personal
6 injuries), or
7 (iv) reckless homicide as defined in Section
8 9-3 of this Code;
9 (B) has been previously convicted of reckless
10 homicide or a similar provision of a law of another
11 state relating to reckless homicide in which the
12 person was determined to have been under the influence
13 of alcohol, other drug or drugs, or intoxicating
14 compound or compounds as an element of the offense or
15 the person has previously been convicted of committing
16 a violation of driving under the influence of alcohol
17 or other drug or drugs, intoxicating compound or
18 compounds or any combination thereof and was involved
19 in a motor vehicle accident that resulted in death,
20 great bodily harm, or permanent disability or
21 disfigurement to another, when the violation was a
22 proximate cause of the death or injuries;
23 (C) the person committed a violation of driving
24 under the influence of alcohol or other drug or drugs,
25 intoxicating compound or compounds or any combination
26 thereof under Section 11-501 of the Illinois Vehicle

HB2458 Engrossed- 109 -LRB103 26118 RLC 52473 b
1 Code or a similar provision for the third or
2 subsequent time;
3 (D) he or she did not possess a valid driver's
4 license or permit or a valid restricted driving permit
5 or a valid judicial driving permit or a valid
6 monitoring device driving permit; or
7 (E) he or she knew or should have known that the
8 vehicle he or she was driving was not covered by a
9 liability insurance policy;
10 (7) an offense described in subsection (g) of Section
11 6-303 of the Illinois Vehicle Code;
12 (8) an offense described in subsection (e) of Section
13 6-101 of the Illinois Vehicle Code; or
14 (9)(A) operating a watercraft under the influence of
15 alcohol, other drug or drugs, intoxicating compound or
16 compounds, or combination thereof under Section 5-16 of
17 the Boat Registration and Safety Act during a period in
18 which his or her privileges to operate a watercraft are
19 revoked or suspended and the revocation or suspension was
20 for operating a watercraft under the influence of alcohol,
21 other drug or drugs, intoxicating compound or compounds,
22 or combination thereof; (B) operating a watercraft under
23 the influence of alcohol, other drug or drugs,
24 intoxicating compound or compounds, or combination thereof
25 and has been previously convicted of reckless homicide or
26 a similar provision of a law in another state relating to

HB2458 Engrossed- 110 -LRB103 26118 RLC 52473 b
1 reckless homicide in which the person was determined to
2 have been under the influence of alcohol, other drug or
3 drugs, intoxicating compound or compounds, or combination
4 thereof as an element of the offense or the person has
5 previously been convicted of committing a violation of
6 operating a watercraft under the influence of alcohol,
7 other drug or drugs, intoxicating compound or compounds,
8 or combination thereof and was involved in an accident
9 that resulted in death, great bodily harm, or permanent
10 disability or disfigurement to another, when the violation
11 was a proximate cause of the death or injuries; or (C) the
12 person committed a violation of operating a watercraft
13 under the influence of alcohol, other drug or drugs,
14 intoxicating compound or compounds, or combination thereof
15 under Section 5-16 of the Boat Registration and Safety Act
16 or a similar provision for the third or subsequent time.
17 (b) In addition, any mobile or portable equipment used in
18the commission of an act which is in violation of Section 7g of
19the Metropolitan Water Reclamation District Act shall be
20subject to seizure and forfeiture under the same procedures
21provided in this Article for the seizure and forfeiture of
22vessels or watercraft, vehicles, and aircraft, and any such
23equipment shall be deemed a vessel or watercraft, vehicle, or
24aircraft for purposes of this Article.
25 (c) In addition, when a person discharges a firearm at
26another individual from a vehicle with the knowledge and

HB2458 Engrossed- 111 -LRB103 26118 RLC 52473 b
1consent of the owner of the vehicle and with the intent to
2cause death or great bodily harm to that individual and as a
3result causes death or great bodily harm to that individual,
4the vehicle shall be subject to seizure and forfeiture under
5the same procedures provided in this Article for the seizure
6and forfeiture of vehicles used in violations of clauses (1),
7(2), (3), or (4) of subsection (a) of this Section.
8 (d) If the spouse of the owner of a vehicle seized for an
9offense described in subsection (g) of Section 6-303 of the
10Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
11(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
1211-501 of the Illinois Vehicle Code, or Section 9-3 of this
13Code makes a showing that the seized vehicle is the only source
14of transportation and it is determined that the financial
15hardship to the family as a result of the seizure outweighs the
16benefit to the State from the seizure, the vehicle may be
17forfeited to the spouse or family member and the title to the
18vehicle shall be transferred to the spouse or family member
19who is properly licensed and who requires the use of the
20vehicle for employment or family transportation purposes. A
21written declaration of forfeiture of a vehicle under this
22Section shall be sufficient cause for the title to be
23transferred to the spouse or family member. The provisions of
24this paragraph shall apply only to one forfeiture per vehicle.
25If the vehicle is the subject of a subsequent forfeiture
26proceeding by virtue of a subsequent conviction of either

HB2458 Engrossed- 112 -LRB103 26118 RLC 52473 b
1spouse or the family member, the spouse or family member to
2whom the vehicle was forfeited under the first forfeiture
3proceeding may not utilize the provisions of this paragraph in
4another forfeiture proceeding. If the owner of the vehicle
5seized owns more than one vehicle, the procedure set out in
6this paragraph may be used for only one vehicle.
7 (e) In addition, property subject to forfeiture under
8Section 40 of the Illinois Streetgang Terrorism Omnibus
9Prevention Act may be seized and forfeited under this Article.
10(Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18.)
11 (Text of Section after amendment by P.A. 102-982)
12 Sec. 36-1. Property subject to forfeiture.
13 (a) Any vessel or watercraft, vehicle, or aircraft is
14subject to forfeiture under this Article if the vessel or
15watercraft, vehicle, or aircraft is used with the knowledge
16and consent of the owner in the commission of or in the attempt
17to commit as defined in Section 8-4 of this Code:
18 (1) an offense prohibited by Section 9-1 (first degree
19 murder), Section 9-3 (involuntary manslaughter and
20 reckless homicide), Section 10-2 (aggravated kidnaping),
21 Section 11-1.20 (criminal sexual assault), Section 11-1.30
22 (aggravated criminal sexual assault), Section 11-1.40
23 (predatory criminal sexual assault of a child), subsection
24 (a) of Section 11-1.50 (criminal sexual abuse), subsection
25 (a), (c), or (d) of Section 11-1.60 (aggravated criminal

HB2458 Engrossed- 113 -LRB103 26118 RLC 52473 b
1 sexual abuse), Section 11-6 (indecent solicitation of a
2 child), Section 11-14.4 (promoting juvenile prostitution
3 except for keeping a place of juvenile prostitution),
4 Section 11-20.1 (child sexual abuse material pornography),
5 paragraph (a)(1), (a)(2), (a)(4), (b)(1), (b)(2), (e)(1),
6 (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of
7 Section 12-3.05 (aggravated battery), Section 12-7.3
8 (stalking), Section 12-7.4 (aggravated stalking), Section
9 16-1 (theft if the theft is of precious metal or of scrap
10 metal), subdivision (f)(2) or (f)(3) of Section 16-25
11 (retail theft), Section 18-2 (armed robbery), Section 19-1
12 (burglary), Section 19-2 (possession of burglary tools),
13 Section 19-3 (residential burglary), Section 20-1 (arson;
14 residential arson; place of worship arson), Section 20-2
15 (possession of explosives or explosive or incendiary
16 devices), subdivision (a)(6) or (a)(7) of Section 24-1
17 (unlawful use of weapons), Section 24-1.2 (aggravated
18 discharge of a firearm), Section 24-1.2-5 (aggravated
19 discharge of a machine gun or a firearm equipped with a
20 device designed or used for silencing the report of a
21 firearm), Section 24-1.5 (reckless discharge of a
22 firearm), Section 28-1 (gambling), or Section 29D-15.2
23 (possession of a deadly substance) of this Code;
24 (2) an offense prohibited by Section 21, 22, 23, 24 or
25 26 of the Cigarette Tax Act if the vessel or watercraft,
26 vehicle, or aircraft contains more than 10 cartons of such

HB2458 Engrossed- 114 -LRB103 26118 RLC 52473 b
1 cigarettes;
2 (3) an offense prohibited by Section 28, 29, or 30 of
3 the Cigarette Use Tax Act if the vessel or watercraft,
4 vehicle, or aircraft contains more than 10 cartons of such
5 cigarettes;
6 (4) an offense prohibited by Section 44 of the
7 Environmental Protection Act;
8 (5) an offense prohibited by Section 11-204.1 of the
9 Illinois Vehicle Code (aggravated fleeing or attempting to
10 elude a peace officer);
11 (6) an offense prohibited by Section 11-501 of the
12 Illinois Vehicle Code (driving while under the influence
13 of alcohol or other drug or drugs, intoxicating compound
14 or compounds or any combination thereof) or a similar
15 provision of a local ordinance, and:
16 (A) during a period in which his or her driving
17 privileges are revoked or suspended if the revocation
18 or suspension was for:
19 (i) Section 11-501 (driving under the
20 influence of alcohol or other drug or drugs,
21 intoxicating compound or compounds or any
22 combination thereof),
23 (ii) Section 11-501.1 (statutory summary
24 suspension or revocation),
25 (iii) paragraph (b) of Section 11-401 (motor
26 vehicle crashes involving death or personal

HB2458 Engrossed- 115 -LRB103 26118 RLC 52473 b
1 injuries), or
2 (iv) reckless homicide as defined in Section
3 9-3 of this Code;
4 (B) has been previously convicted of reckless
5 homicide or a similar provision of a law of another
6 state relating to reckless homicide in which the
7 person was determined to have been under the influence
8 of alcohol, other drug or drugs, or intoxicating
9 compound or compounds as an element of the offense or
10 the person has previously been convicted of committing
11 a violation of driving under the influence of alcohol
12 or other drug or drugs, intoxicating compound or
13 compounds or any combination thereof and was involved
14 in a motor vehicle crash that resulted in death, great
15 bodily harm, or permanent disability or disfigurement
16 to another, when the violation was a proximate cause
17 of the death or injuries;
18 (C) the person committed a violation of driving
19 under the influence of alcohol or other drug or drugs,
20 intoxicating compound or compounds or any combination
21 thereof under Section 11-501 of the Illinois Vehicle
22 Code or a similar provision for the third or
23 subsequent time;
24 (D) he or she did not possess a valid driver's
25 license or permit or a valid restricted driving permit
26 or a valid judicial driving permit or a valid

HB2458 Engrossed- 116 -LRB103 26118 RLC 52473 b
1 monitoring device driving permit; or
2 (E) he or she knew or should have known that the
3 vehicle he or she was driving was not covered by a
4 liability insurance policy;
5 (7) an offense described in subsection (g) of Section
6 6-303 of the Illinois Vehicle Code;
7 (8) an offense described in subsection (e) of Section
8 6-101 of the Illinois Vehicle Code; or
9 (9)(A) operating a watercraft under the influence of
10 alcohol, other drug or drugs, intoxicating compound or
11 compounds, or combination thereof under Section 5-16 of
12 the Boat Registration and Safety Act during a period in
13 which his or her privileges to operate a watercraft are
14 revoked or suspended and the revocation or suspension was
15 for operating a watercraft under the influence of alcohol,
16 other drug or drugs, intoxicating compound or compounds,
17 or combination thereof; (B) operating a watercraft under
18 the influence of alcohol, other drug or drugs,
19 intoxicating compound or compounds, or combination thereof
20 and has been previously convicted of reckless homicide or
21 a similar provision of a law in another state relating to
22 reckless homicide in which the person was determined to
23 have been under the influence of alcohol, other drug or
24 drugs, intoxicating compound or compounds, or combination
25 thereof as an element of the offense or the person has
26 previously been convicted of committing a violation of

HB2458 Engrossed- 117 -LRB103 26118 RLC 52473 b
1 operating a watercraft under the influence of alcohol,
2 other drug or drugs, intoxicating compound or compounds,
3 or combination thereof and was involved in an accident
4 that resulted in death, great bodily harm, or permanent
5 disability or disfigurement to another, when the violation
6 was a proximate cause of the death or injuries; or (C) the
7 person committed a violation of operating a watercraft
8 under the influence of alcohol, other drug or drugs,
9 intoxicating compound or compounds, or combination thereof
10 under Section 5-16 of the Boat Registration and Safety Act
11 or a similar provision for the third or subsequent time.
12 (b) In addition, any mobile or portable equipment used in
13the commission of an act which is in violation of Section 7g of
14the Metropolitan Water Reclamation District Act shall be
15subject to seizure and forfeiture under the same procedures
16provided in this Article for the seizure and forfeiture of
17vessels or watercraft, vehicles, and aircraft, and any such
18equipment shall be deemed a vessel or watercraft, vehicle, or
19aircraft for purposes of this Article.
20 (c) In addition, when a person discharges a firearm at
21another individual from a vehicle with the knowledge and
22consent of the owner of the vehicle and with the intent to
23cause death or great bodily harm to that individual and as a
24result causes death or great bodily harm to that individual,
25the vehicle shall be subject to seizure and forfeiture under
26the same procedures provided in this Article for the seizure

HB2458 Engrossed- 118 -LRB103 26118 RLC 52473 b
1and forfeiture of vehicles used in violations of clauses (1),
2(2), (3), or (4) of subsection (a) of this Section.
3 (d) If the spouse of the owner of a vehicle seized for an
4offense described in subsection (g) of Section 6-303 of the
5Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
6(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
711-501 of the Illinois Vehicle Code, or Section 9-3 of this
8Code makes a showing that the seized vehicle is the only source
9of transportation and it is determined that the financial
10hardship to the family as a result of the seizure outweighs the
11benefit to the State from the seizure, the vehicle may be
12forfeited to the spouse or family member and the title to the
13vehicle shall be transferred to the spouse or family member
14who is properly licensed and who requires the use of the
15vehicle for employment or family transportation purposes. A
16written declaration of forfeiture of a vehicle under this
17Section shall be sufficient cause for the title to be
18transferred to the spouse or family member. The provisions of
19this paragraph shall apply only to one forfeiture per vehicle.
20If the vehicle is the subject of a subsequent forfeiture
21proceeding by virtue of a subsequent conviction of either
22spouse or the family member, the spouse or family member to
23whom the vehicle was forfeited under the first forfeiture
24proceeding may not utilize the provisions of this paragraph in
25another forfeiture proceeding. If the owner of the vehicle
26seized owns more than one vehicle, the procedure set out in

HB2458 Engrossed- 119 -LRB103 26118 RLC 52473 b
1this paragraph may be used for only one vehicle.
2 (e) In addition, property subject to forfeiture under
3Section 40 of the Illinois Streetgang Terrorism Omnibus
4Prevention Act may be seized and forfeited under this Article.
5(Source: P.A. 102-982, eff. 7-1-23.)
6 Section 55. The Code of Criminal Procedure of 1963 is
7amended by changing Sections 106B-10, 115-7, 115-7.3, 124B-10,
8124B-100, 124B-420, and 124B-500 as follows:
9 (725 ILCS 5/106B-10)
10 Sec. 106B-10. Conditions for testimony by a victim or
11witness who is under 18 years of age or an a child or a
12moderately, severely, or profoundly intellectually disabled
13person or a person affected by a developmental disability. The
14In a prosecution of criminal sexual assault, predatory
15criminal sexual assault of a child, aggravated criminal sexual
16assault, criminal sexual abuse, aggravated criminal sexual
17abuse, or any violent crime as defined in subsection (c) of
18Section 3 of the Rights of Crime Victims and Witnesses Act, the
19court may set any conditions it finds just and appropriate on
20the taking of testimony of a victim or witness who is under 18
21years of age or an intellectually disabled person or a person
22affected by a developmental disability victim who is a child
23under the age of 18 years or a moderately, severely, or
24profoundly intellectually disabled person or a person affected

HB2458 Engrossed- 120 -LRB103 26118 RLC 52473 b
1by a developmental disability, involving the use of a facility
2dog in any criminal proceeding involving that offense. When
3deciding whether to permit the child or person to testify with
4the assistance of a facility dog, the court shall take into
5consideration the age of the child or person, the rights of the
6parties to the litigation, and any other relevant factor that
7would facilitate the giving of testimony by the child or the
8person. As used in this Section, "facility dog" means a dog
9that is a graduate of an assistance dog organization that is a
10member of Assistance Dogs International.
11(Source: P.A. 102-22, eff. 6-25-21.)
12 (725 ILCS 5/115-7) (from Ch. 38, par. 115-7)
13 Sec. 115-7. a. In prosecutions for predatory criminal
14sexual assault of a child, aggravated criminal sexual assault,
15criminal sexual assault, aggravated criminal sexual abuse,
16criminal sexual abuse, involuntary servitude, involuntary
17sexual servitude of a minor, or trafficking in persons or
18criminal transmission of HIV; and in prosecutions for battery
19and aggravated battery, when the commission of the offense
20involves sexual penetration or sexual conduct as defined in
21Section 11-0.1 of the Criminal Code of 2012; and with the trial
22or retrial of the offenses formerly known as rape, deviate
23sexual assault, indecent liberties with a child, and
24aggravated indecent liberties with a child, the prior sexual
25activity or the reputation of the alleged victim or

HB2458 Engrossed- 121 -LRB103 26118 RLC 52473 b
1corroborating witness under Section 115-7.3 of this Code is
2inadmissible except (1) as evidence concerning the past sexual
3conduct of the alleged victim or corroborating witness under
4Section 115-7.3 of this Code with the accused when this
5evidence is offered by the accused upon the issue of whether
6the alleged victim or corroborating witness under Section
7115-7.3 of this Code consented to the sexual conduct with
8respect to which the offense is alleged; or (2) when
9constitutionally required to be admitted.
10 b. No evidence admissible under this Section shall be
11introduced unless ruled admissible by the trial judge after an
12offer of proof has been made at a hearing to be held in camera
13in order to determine whether the defense has evidence to
14impeach the witness in the event that prior sexual activity
15with the defendant is denied. Such offer of proof shall
16include reasonably specific information as to the date, time
17and place of the past sexual conduct between the alleged
18victim or corroborating witness under Section 115-7.3 of this
19Code and the defendant. Unless the court finds that reasonably
20specific information as to date, time or place, or some
21combination thereof, has been offered as to prior sexual
22activity with the defendant, counsel for the defendant shall
23be ordered to refrain from inquiring into prior sexual
24activity between the alleged victim or corroborating witness
25under Section 115-7.3 of this Code and the defendant. The
26court shall not admit evidence under this Section unless it

HB2458 Engrossed- 122 -LRB103 26118 RLC 52473 b
1determines at the hearing that the evidence is relevant and
2the probative value of the evidence outweighs the danger of
3unfair prejudice. The evidence shall be admissible at trial to
4the extent an order made by the court specifies the evidence
5that may be admitted and areas with respect to which the
6alleged victim or corroborating witness under Section 115-7.3
7of this Code may be examined or cross examined.
8(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
9 (725 ILCS 5/115-7.3)
10 Sec. 115-7.3. Evidence in certain cases.
11 (a) This Section applies to criminal cases in which:
12 (1) the defendant is accused of predatory criminal
13 sexual assault of a child, aggravated criminal sexual
14 assault, criminal sexual assault, aggravated criminal
15 sexual abuse, criminal sexual abuse, child sexual abuse
16 material pornography, aggravated child pornography,
17 involuntary servitude, involuntary sexual servitude of a
18 minor, trafficking in persons, criminal transmission of
19 HIV, or child abduction as defined in paragraph (10) of
20 subsection (b) of Section 10-5 of the Criminal Code of
21 1961 or the Criminal Code of 2012;
22 (2) the defendant is accused of battery, aggravated
23 battery, first degree murder, or second degree murder when
24 the commission of the offense involves sexual penetration
25 or sexual conduct as defined in Section 11-0.1 of the

HB2458 Engrossed- 123 -LRB103 26118 RLC 52473 b
1 Criminal Code of 2012; or
2 (3) the defendant is tried or retried for any of the
3 offenses formerly known as rape, deviate sexual assault,
4 indecent liberties with a child, or aggravated indecent
5 liberties with a child.
6 (b) If the defendant is accused of an offense set forth in
7paragraph (1) or (2) of subsection (a) or the defendant is
8tried or retried for any of the offenses set forth in paragraph
9(3) of subsection (a), evidence of the defendant's commission
10of another offense or offenses set forth in paragraph (1),
11(2), or (3) of subsection (a), or evidence to rebut that proof
12or an inference from that proof, may be admissible (if that
13evidence is otherwise admissible under the rules of evidence)
14and may be considered for its bearing on any matter to which it
15is relevant.
16 (c) In weighing the probative value of the evidence
17against undue prejudice to the defendant, the court may
18consider:
19 (1) the proximity in time to the charged or predicate
20 offense;
21 (2) the degree of factual similarity to the charged or
22 predicate offense; or
23 (3) other relevant facts and circumstances.
24 (d) In a criminal case in which the prosecution intends to
25offer evidence under this Section, it must disclose the
26evidence, including statements of witnesses or a summary of

HB2458 Engrossed- 124 -LRB103 26118 RLC 52473 b
1the substance of any testimony, at a reasonable time in
2advance of trial, or during trial if the court excuses
3pretrial notice on good cause shown.
4 (e) In a criminal case in which evidence is offered under
5this Section, proof may be made by specific instances of
6conduct, testimony as to reputation, or testimony in the form
7of an expert opinion, except that the prosecution may offer
8reputation testimony only after the opposing party has offered
9that testimony.
10 (f) In prosecutions for a violation of Section 10-2,
1111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-3.05, 12-4,
1212-13, 12-14, 12-14.1, 12-15, 12-16, or 18-5 of the Criminal
13Code of 1961 or the Criminal Code of 2012, involving the
14involuntary delivery of a controlled substance to a victim, no
15inference may be made about the fact that a victim did not
16consent to a test for the presence of controlled substances.
17(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
1898-160, eff. 1-1-14.)
19 (725 ILCS 5/124B-10)
20 Sec. 124B-10. Applicability; offenses. This Article
21applies to forfeiture of property in connection with the
22following:
23 (1) A violation of Section 10-9 or 10A-10 of the
24 Criminal Code of 1961 or the Criminal Code of 2012
25 (involuntary servitude; involuntary servitude of a minor;

HB2458 Engrossed- 125 -LRB103 26118 RLC 52473 b
1 or trafficking in persons).
2 (2) A violation of subdivision (a)(1) of Section
3 11-14.4 of the Criminal Code of 1961 or the Criminal Code
4 of 2012 (promoting juvenile prostitution) or a violation
5 of Section 11-17.1 of the Criminal Code of 1961 (keeping a
6 place of juvenile prostitution).
7 (3) A violation of subdivision (a)(4) of Section
8 11-14.4 of the Criminal Code of 1961 or the Criminal Code
9 of 2012 (promoting juvenile prostitution) or a violation
10 of Section 11-19.2 of the Criminal Code of 1961
11 (exploitation of a child).
12 (4) A second or subsequent violation of Section 11-20
13 of the Criminal Code of 1961 or the Criminal Code of 2012
14 (obscenity).
15 (5) A violation of Section 11-20.1 of the Criminal
16 Code of 1961 or the Criminal Code of 2012 (child sexual
17 abuse material pornography).
18 (6) A violation of Section 11-20.1B or 11-20.3 of the
19 Criminal Code of 1961 (aggravated child pornography).
20 (6.5) A violation of Section 11-23.5 of the Criminal
21 Code of 2012.
22 (7) A violation of Section 12C-65 of the Criminal Code
23 of 2012 or Article 44 of the Criminal Code of 1961
24 (unlawful transfer of a telecommunications device to a
25 minor).
26 (8) A violation of Section 17-50 or Section 16D-5 of

HB2458 Engrossed- 126 -LRB103 26118 RLC 52473 b
1 the Criminal Code of 2012 or the Criminal Code of 1961
2 (computer fraud).
3 (9) A felony violation of Section 17-6.3 or Article
4 17B of the Criminal Code of 2012 or the Criminal Code of
5 1961 (WIC fraud).
6 (10) A felony violation of Section 48-1 of the
7 Criminal Code of 2012 or Section 26-5 of the Criminal Code
8 of 1961 (dog fighting).
9 (11) A violation of Article 29D of the Criminal Code
10 of 1961 or the Criminal Code of 2012 (terrorism).
11 (12) A felony violation of Section 4.01 of the Humane
12 Care for Animals Act (animals in entertainment).
13(Source: P.A. 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13;
1497-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-1138, eff.
156-1-15.)
16 (725 ILCS 5/124B-100)
17 Sec. 124B-100. Definition; "offense". For purposes of this
18Article, "offense" is defined as follows:
19 (1) In the case of forfeiture authorized under Section
20 10A-15 of the Criminal Code of 1961 or Section 10-9 of the
21 Criminal Code of 2012, "offense" means the offense of
22 involuntary servitude, involuntary servitude of a minor,
23 or trafficking in persons in violation of Section 10-9 or
24 10A-10 of those Codes.
25 (2) In the case of forfeiture authorized under

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1 subdivision (a)(1) of Section 11-14.4, or Section 11-17.1,
2 of the Criminal Code of 1961 or the Criminal Code of 2012,
3 "offense" means the offense of promoting juvenile
4 prostitution or keeping a place of juvenile prostitution
5 in violation of subdivision (a)(1) of Section 11-14.4, or
6 Section 11-17.1, of those Codes.
7 (3) In the case of forfeiture authorized under
8 subdivision (a)(4) of Section 11-14.4, or Section 11-19.2,
9 of the Criminal Code of 1961 or the Criminal Code of 2012,
10 "offense" means the offense of promoting juvenile
11 prostitution or exploitation of a child in violation of
12 subdivision (a)(4) of Section 11-14.4, or Section 11-19.2,
13 of those Codes.
14 (4) In the case of forfeiture authorized under Section
15 11-20 of the Criminal Code of 1961 or the Criminal Code of
16 2012, "offense" means the offense of obscenity in
17 violation of that Section.
18 (5) In the case of forfeiture authorized under Section
19 11-20.1 of the Criminal Code of 1961 or the Criminal Code
20 of 2012, "offense" means the offense of child sexual abuse
21 material pornography in violation of Section 11-20.1 of
22 that Code.
23 (6) In the case of forfeiture authorized under Section
24 11-20.1B or 11-20.3 of the Criminal Code of 1961,
25 "offense" means the offense of aggravated child
26 pornography in violation of Section 11-20.1B or 11-20.3 of

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1 that Code.
2 (7) In the case of forfeiture authorized under Section
3 12C-65 of the Criminal Code of 2012 or Article 44 of the
4 Criminal Code of 1961, "offense" means the offense of
5 unlawful transfer of a telecommunications device to a
6 minor in violation of Section 12C-65 or Article 44 of
7 those Codes.
8 (8) In the case of forfeiture authorized under Section
9 17-50 or 16D-5 of the Criminal Code of 1961 or the Criminal
10 Code of 2012, "offense" means the offense of computer
11 fraud in violation of Section 17-50 or 16D-5 of those
12 Codes.
13 (9) In the case of forfeiture authorized under Section
14 17-6.3 or Article 17B of the Criminal Code of 1961 or the
15 Criminal Code of 2012, "offense" means any felony
16 violation of Section 17-6.3 or Article 17B of those Codes.
17 (10) In the case of forfeiture authorized under
18 Section 29D-65 of the Criminal Code of 1961 or the
19 Criminal Code of 2012, "offense" means any offense under
20 Article 29D of that Code.
21 (11) In the case of forfeiture authorized under
22 Section 4.01 of the Humane Care for Animals Act, Section
23 26-5 of the Criminal Code of 1961, or Section 48-1 of the
24 Criminal Code of 2012, "offense" means any felony offense
25 under either of those Sections.
26 (12) In the case of forfeiture authorized under

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1 Section 124B-1000(b) of the Code of Criminal Procedure of
2 1963, "offense" means an offense in violation of the
3 Criminal Code of 1961, the Criminal Code of 2012, the
4 Illinois Controlled Substances Act, the Cannabis Control
5 Act, or the Methamphetamine Control and Community
6 Protection Act, or an offense involving a
7 telecommunications device possessed by a person on the
8 real property of any elementary or secondary school
9 without authority of the school principal.
10(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11;
1197-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.
121-1-13; 97-1150, eff. 1-25-13.)
13 (725 ILCS 5/124B-420)
14 Sec. 124B-420. Distribution of property and sale proceeds.
15 (a) All moneys and the sale proceeds of all other property
16forfeited and seized under this Part 400 shall be distributed
17as follows:
18 (1) 50% shall be distributed to the unit of local
19 government whose officers or employees conducted the
20 investigation into the offense and caused the arrest or
21 arrests and prosecution leading to the forfeiture, except
22 that if the investigation, arrest or arrests, and
23 prosecution leading to the forfeiture were undertaken by
24 the sheriff, this portion shall be distributed to the
25 county for deposit into a special fund in the county

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1 treasury appropriated to the sheriff. Amounts distributed
2 to the county for the sheriff or to units of local
3 government under this paragraph shall be used for
4 enforcement of laws or ordinances governing obscenity and
5 child sexual abuse material pornography. If the
6 investigation, arrest or arrests, and prosecution leading
7 to the forfeiture were undertaken solely by a State
8 agency, however, the portion designated in this paragraph
9 shall be paid into the State treasury to be used for
10 enforcement of laws governing obscenity and child sexual
11 abuse material pornography.
12 (2) 25% shall be distributed to the county in which
13 the prosecution resulting in the forfeiture was
14 instituted, deposited into a special fund in the county
15 treasury, and appropriated to the State's Attorney for use
16 in the enforcement of laws governing obscenity and child
17 sexual abuse material pornography.
18 (3) 25% shall be distributed to the Office of the
19 State's Attorneys Appellate Prosecutor and deposited into
20 the Obscenity Profits Forfeiture Fund, which is hereby
21 created in the State treasury, to be used by the Office of
22 the State's Attorneys Appellate Prosecutor for additional
23 expenses incurred in prosecuting appeals arising under
24 Sections 11-20, 11-20.1, 11-20.1B, and 11-20.3 of the
25 Criminal Code of 1961 or the Criminal Code of 2012. Any
26 amounts remaining in the Fund after all additional

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1 expenses have been paid shall be used by the Office to
2 reduce the participating county contributions to the
3 Office on a pro-rated basis as determined by the board of
4 governors of the Office of the State's Attorneys Appellate
5 Prosecutor based on the populations of the participating
6 counties.
7 (b) Before any distribution under subsection (a), the
8Attorney General or State's Attorney shall retain from the
9forfeited moneys or sale proceeds, or both, sufficient moneys
10to cover expenses related to the administration and sale of
11the forfeited property.
12(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11;
1397-1150, eff. 1-25-13.)
14 (725 ILCS 5/124B-500)
15 Sec. 124B-500. Persons and property subject to forfeiture.
16A person who commits child sexual abuse material pornography,
17aggravated child pornography, or non-consensual dissemination
18of private sexual images under Section 11-20.1, 11-20.1B,
1911-20.3, or 11-23.5 of the Criminal Code of 1961 or the
20Criminal Code of 2012 shall forfeit the following property to
21the State of Illinois:
22 (1) Any profits or proceeds and any property the
23 person has acquired or maintained in violation of Section
24 11-20.1, 11-20.1B, 11-20.3, or 11-23.5 of the Criminal
25 Code of 1961 or the Criminal Code of 2012 that the

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1 sentencing court determines, after a forfeiture hearing
2 under this Article, to have been acquired or maintained as
3 a result of child sexual abuse material pornography,
4 aggravated child pornography, or non-consensual
5 dissemination of private sexual images.
6 (2) Any interest in, securities of, claim against, or
7 property or contractual right of any kind affording a
8 source of influence over any enterprise that the person
9 has established, operated, controlled, or conducted in
10 violation of Section 11-20.1, 11-20.1B, 11-20.3, or
11 11-23.5 of the Criminal Code of 1961 or the Criminal Code
12 of 2012 that the sentencing court determines, after a
13 forfeiture hearing under this Article, to have been
14 acquired or maintained as a result of child sexual abuse
15 material pornography, aggravated child pornography, or
16 non-consensual dissemination of private sexual images.
17 (3) Any computer that contains a depiction of child
18 sexual abuse material pornography in any encoded or
19 decoded format in violation of Section 11-20.1, 11-20.1B,
20 or 11-20.3 of the Criminal Code of 1961 or the Criminal
21 Code of 2012. For purposes of this paragraph (3),
22 "computer" has the meaning ascribed to it in Section
23 17-0.5 of the Criminal Code of 2012.
24(Source: P.A. 97-1150, eff. 1-25-13; 98-1013, eff. 1-1-15;
2598-1138, eff. 6-1-15.)

HB2458 Engrossed- 133 -LRB103 26118 RLC 52473 b
1 Section 60. The Statewide Grand Jury Act is amended by
2changing Sections 2 and 3 as follows:
3 (725 ILCS 215/2) (from Ch. 38, par. 1702)
4 Sec. 2. (a) County grand juries and State's Attorneys have
5always had and shall continue to have primary responsibility
6for investigating, indicting, and prosecuting persons who
7violate the criminal laws of the State of Illinois. However,
8in recent years organized terrorist activity directed against
9innocent civilians and certain criminal enterprises have
10developed that require investigation, indictment, and
11prosecution on a statewide or multicounty level. The criminal
12enterprises exist as a result of the allure of profitability
13present in narcotic activity, the unlawful sale and transfer
14of firearms, and streetgang related felonies and organized
15terrorist activity is supported by the contribution of money
16and expert assistance from geographically diverse sources. In
17order to shut off the life blood of terrorism and weaken or
18eliminate the criminal enterprises, assets, and property used
19to further these offenses must be frozen, and any profit must
20be removed. State statutes exist that can accomplish that
21goal. Among them are the offense of money laundering,
22violations of Article 29D of the Criminal Code of 1961 or the
23Criminal Code of 2012, the Narcotics Profit Forfeiture Act,
24and gunrunning. Local prosecutors need investigative personnel
25and specialized training to attack and eliminate these

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1profits. In light of the transitory and complex nature of
2conduct that constitutes these criminal activities, the many
3diverse property interests that may be used, acquired directly
4or indirectly as a result of these criminal activities, and
5the many places that illegally obtained property may be
6located, it is the purpose of this Act to create a limited,
7multicounty Statewide Grand Jury with authority to
8investigate, indict, and prosecute: narcotic activity,
9including cannabis and controlled substance trafficking,
10narcotics racketeering, money laundering, violations of the
11Cannabis and Controlled Substances Tax Act, and violations of
12Article 29D of the Criminal Code of 1961 or the Criminal Code
13of 2012; the unlawful sale and transfer of firearms;
14gunrunning; and streetgang related felonies.
15 (b) A Statewide Grand Jury may also investigate, indict,
16and prosecute violations facilitated by the use of a computer
17of any of the following offenses: indecent solicitation of a
18child, sexual exploitation of a child, soliciting for a
19juvenile prostitute, keeping a place of juvenile prostitution,
20juvenile pimping, child sexual abuse material pornography,
21aggravated child pornography, or promoting juvenile
22prostitution except as described in subdivision (a)(4) of
23Section 11-14.4 of the Criminal Code of 1961 or the Criminal
24Code of 2012.
25 (c) A Statewide Grand Jury may also investigate, indict,
26and prosecute violations of organized retail crime.

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1(Source: P.A. 101-593, eff. 12-4-19; 102-757, eff. 5-13-22.)
2 (725 ILCS 215/3) (from Ch. 38, par. 1703)
3 Sec. 3. Written application for the appointment of a
4Circuit Judge to convene and preside over a Statewide Grand
5Jury, with jurisdiction extending throughout the State, shall
6be made to the Chief Justice of the Supreme Court. Upon such
7written application, the Chief Justice of the Supreme Court
8shall appoint a Circuit Judge from the circuit where the
9Statewide Grand Jury is being sought to be convened, who shall
10make a determination that the convening of a Statewide Grand
11Jury is necessary.
12 In such application the Attorney General shall state that
13the convening of a Statewide Grand Jury is necessary because
14of an alleged offense or offenses set forth in this Section
15involving more than one county of the State and identifying
16any such offense alleged; and
17 (a) that he or she believes that the grand jury
18 function for the investigation and indictment of the
19 offense or offenses cannot effectively be performed by a
20 county grand jury together with the reasons for such
21 belief, and
22 (b)(1) that each State's Attorney with jurisdiction
23 over an offense or offenses to be investigated has
24 consented to the impaneling of the Statewide Grand Jury,
25 or

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1 (2) if one or more of the State's Attorneys having
2 jurisdiction over an offense or offenses to be
3 investigated fails to consent to the impaneling of the
4 Statewide Grand Jury, the Attorney General shall set forth
5 good cause for impaneling the Statewide Grand Jury.
6 If the Circuit Judge determines that the convening of a
7Statewide Grand Jury is necessary, he or she shall convene and
8impanel the Statewide Grand Jury with jurisdiction extending
9throughout the State to investigate and return indictments:
10 (a) For violations of any of the following or for any
11 other criminal offense committed in the course of
12 violating any of the following: Article 29D of the
13 Criminal Code of 1961 or the Criminal Code of 2012, the
14 Illinois Controlled Substances Act, the Cannabis Control
15 Act, the Methamphetamine Control and Community Protection
16 Act, or the Narcotics Profit Forfeiture Act; a streetgang
17 related felony offense; Section 16-25.1, 24-2.1, 24-2.2,
18 24-3, 24-3A, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or
19 subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7),
20 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code
21 of 1961 or the Criminal Code of 2012; or a money laundering
22 offense; provided that the violation or offense involves
23 acts occurring in more than one county of this State; and
24 (a-5) For violations facilitated by the use of a
25 computer, including the use of the Internet, the World
26 Wide Web, electronic mail, message board, newsgroup, or

HB2458 Engrossed- 137 -LRB103 26118 RLC 52473 b
1 any other commercial or noncommercial on-line service, of
2 any of the following offenses: indecent solicitation of a
3 child, sexual exploitation of a child, soliciting for a
4 juvenile prostitute, keeping a place of juvenile
5 prostitution, juvenile pimping, child sexual abuse
6 material pornography, aggravated child pornography, or
7 promoting juvenile prostitution except as described in
8 subdivision (a)(4) of Section 11-14.4 of the Criminal Code
9 of 1961 or the Criminal Code of 2012; and
10 (b) For the offenses of perjury, subornation of
11 perjury, communicating with jurors and witnesses, and
12 harassment of jurors and witnesses, as they relate to
13 matters before the Statewide Grand Jury.
14 "Streetgang related" has the meaning ascribed to it in
15Section 10 of the Illinois Streetgang Terrorism Omnibus
16Prevention Act.
17 Upon written application by the Attorney General for the
18convening of an additional Statewide Grand Jury, the Chief
19Justice of the Supreme Court shall appoint a Circuit Judge
20from the circuit for which the additional Statewide Grand Jury
21is sought. The Circuit Judge shall determine the necessity for
22an additional Statewide Grand Jury in accordance with the
23provisions of this Section. No more than 2 Statewide Grand
24Juries may be empaneled at any time.
25(Source: P.A. 101-593, eff. 12-4-19; 102-757, eff. 5-13-22.)

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1 Section 65. The Unified Code of Corrections is amended by
2changing Sections 3-1-2, 3-12.5-10, 5-5-3, 5-5-3.2, 5-8-1,
35-8-4, 5-9-1.7, and 5-9-1.8 as follows:
4 (730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
5 Sec. 3-1-2. Definitions.
6 (a) "Chief Administrative Officer" means the person
7designated by the Director to exercise the powers and duties
8of the Department of Corrections in regard to committed
9persons within a correctional institution or facility, and
10includes the superintendent of any juvenile institution or
11facility.
12 (a-3) "Aftercare release" means the conditional and
13revocable release of a person committed to the Department of
14Juvenile Justice under the Juvenile Court Act of 1987, under
15the supervision of the Department of Juvenile Justice.
16 (a-5) "Sex offense" for the purposes of paragraph (16) of
17subsection (a) of Section 3-3-7, paragraph (10) of subsection
18(a) of Section 5-6-3, and paragraph (18) of subsection (c) of
19Section 5-6-3.1 only means:
20 (i) A violation of any of the following Sections of
21 the Criminal Code of 1961 or the Criminal Code of 2012:
22 10-7 (aiding or abetting child abduction under Section
23 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent
24 solicitation of a child), 11-6.5 (indecent solicitation of
25 an adult), 11-14.4 (promoting juvenile prostitution),

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1 11-15.1 (soliciting for a juvenile prostitute), 11-17.1
2 (keeping a place of juvenile prostitution), 11-18.1
3 (patronizing a juvenile prostitute), 11-19.1 (juvenile
4 pimping), 11-19.2 (exploitation of a child), 11-20.1
5 (child sexual abuse material pornography), 11-20.1B or
6 11-20.3 (aggravated child pornography), 11-1.40 or 12-14.1
7 (predatory criminal sexual assault of a child), or 12-33
8 (ritualized abuse of a child). An attempt to commit any of
9 these offenses.
10 (ii) A violation of any of the following Sections of
11 the Criminal Code of 1961 or the Criminal Code of 2012:
12 11-1.20 or 12-13 (criminal sexual assault), 11-1.30 or
13 12-14 (aggravated criminal sexual assault), 11-1.60 or
14 12-16 (aggravated criminal sexual abuse), and subsection
15 (a) of Section 11-1.50 or subsection (a) of Section 12-15
16 (criminal sexual abuse). An attempt to commit any of these
17 offenses.
18 (iii) A violation of any of the following Sections of
19 the Criminal Code of 1961 or the Criminal Code of 2012 when
20 the defendant is not a parent of the victim:
21 10-1 (kidnapping),
22 10-2 (aggravated kidnapping),
23 10-3 (unlawful restraint),
24 10-3.1 (aggravated unlawful restraint).
25 An attempt to commit any of these offenses.
26 (iv) A violation of any former law of this State

HB2458 Engrossed- 140 -LRB103 26118 RLC 52473 b
1 substantially equivalent to any offense listed in this
2 subsection (a-5).
3 An offense violating federal law or the law of another
4state that is substantially equivalent to any offense listed
5in this subsection (a-5) shall constitute a sex offense for
6the purpose of this subsection (a-5). A finding or
7adjudication as a sexually dangerous person under any federal
8law or law of another state that is substantially equivalent
9to the Sexually Dangerous Persons Act shall constitute an
10adjudication for a sex offense for the purposes of this
11subsection (a-5).
12 (b) "Commitment" means a judicially determined placement
13in the custody of the Department of Corrections on the basis of
14delinquency or conviction.
15 (c) "Committed person" is a person committed to the
16Department, however a committed person shall not be considered
17to be an employee of the Department of Corrections for any
18purpose, including eligibility for a pension, benefits, or any
19other compensation or rights or privileges which may be
20provided to employees of the Department.
21 (c-5) "Computer scrub software" means any third-party
22added software, designed to delete information from the
23computer unit, the hard drive, or other software, which would
24eliminate and prevent discovery of browser activity,
25including, but not limited to, Internet history, address bar
26or bars, cache or caches, and/or cookies, and which would

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1over-write files in a way so as to make previous computer
2activity, including, but not limited to, website access, more
3difficult to discover.
4 (c-10) "Content-controlled tablet" means any device that
5can only access visitation applications or content relating to
6educational or personal development.
7 (d) "Correctional institution or facility" means any
8building or part of a building where committed persons are
9kept in a secured manner.
10 (d-5) "Correctional officer" means: an employee of the
11Department of Corrections who has custody and control over
12committed persons in an adult correctional facility; or, for
13an employee of the Department of Juvenile Justice, direct care
14staff of persons committed to a juvenile facility.
15 (e) "Department" means both the Department of Corrections
16and the Department of Juvenile Justice of this State, unless
17the context is specific to either the Department of
18Corrections or the Department of Juvenile Justice.
19 (f) "Director" means both the Director of Corrections and
20the Director of Juvenile Justice, unless the context is
21specific to either the Director of Corrections or the Director
22of Juvenile Justice.
23 (f-5) (Blank).
24 (g) "Discharge" means the final termination of a
25commitment to the Department of Corrections.
26 (h) "Discipline" means the rules and regulations for the

HB2458 Engrossed- 142 -LRB103 26118 RLC 52473 b
1maintenance of order and the protection of persons and
2property within the institutions and facilities of the
3Department and their enforcement.
4 (i) "Escape" means the intentional and unauthorized
5absence of a committed person from the custody of the
6Department.
7 (j) "Furlough" means an authorized leave of absence from
8the Department of Corrections for a designated purpose and
9period of time.
10 (k) "Parole" means the conditional and revocable release
11of a person committed to the Department of Corrections under
12the supervision of a parole officer.
13 (l) "Prisoner Review Board" means the Board established in
14Section 3-3-1(a), independent of the Department, to review
15rules and regulations with respect to good time credits, to
16hear charges brought by the Department against certain
17prisoners alleged to have violated Department rules with
18respect to good time credits, to set release dates for certain
19prisoners sentenced under the law in effect prior to February
201, 1978 (the effective date of Public Act 80-1099), to hear and
21decide the time of aftercare release for persons committed to
22the Department of Juvenile Justice under the Juvenile Court
23Act of 1987 to hear requests and make recommendations to the
24Governor with respect to pardon, reprieve or commutation, to
25set conditions for parole, aftercare release, and mandatory
26supervised release and determine whether violations of those

HB2458 Engrossed- 143 -LRB103 26118 RLC 52473 b
1conditions justify revocation of parole or release, and to
2assume all other functions previously exercised by the
3Illinois Parole and Pardon Board.
4 (m) Whenever medical treatment, service, counseling, or
5care is referred to in this Unified Code of Corrections, such
6term may be construed by the Department or Court, within its
7discretion, to include treatment, service, or counseling by a
8Christian Science practitioner or nursing care appropriate
9therewith whenever request therefor is made by a person
10subject to the provisions of this Code.
11 (n) "Victim" shall have the meaning ascribed to it in
12subsection (a) of Section 3 of the Rights of Crime Victims and
13Witnesses Act.
14 (o) "Wrongfully imprisoned person" means a person who has
15been discharged from a prison of this State and has received:
16 (1) a pardon from the Governor stating that such
17 pardon is issued on the ground of innocence of the crime
18 for which he or she was imprisoned; or
19 (2) a certificate of innocence from the Circuit Court
20 as provided in Section 2-702 of the Code of Civil
21 Procedure.
22(Source: P.A. 102-558, eff. 8-20-21; 102-616, eff. 1-1-22.)
23 (730 ILCS 5/3-12.5-10)
24 (Section scheduled to be repealed on August 24, 2022)
25 Sec. 3-12.5-10. Selection. Inmates may be selected to

HB2458 Engrossed- 144 -LRB103 26118 RLC 52473 b
1participate in the pre-release Prisoner Entrepreneur Education
2Program only if all of the following conditions are met:
3 (1) the inmate is within 3 years of being released
4 from custody of the Department of Corrections;
5 (2) the inmate has not been disciplined by the
6 Department of Corrections within the past year;
7 (3) the inmate has a high school diploma or GED;
8 (4) the inmate has never been convicted of an offense
9 described in Subdivision 5 of Article 11 of the Criminal
10 Code of 2012 (major sex offenses), Subdivision 10 of
11 Article 11 of the Criminal Code of 2012 (vulnerable victim
12 sex offenses), Section 11-20.1 of Subdivision 20 of
13 Article 11 of the Criminal Code of 2012 (child sexual
14 abuse material pornography offenses), or similar offenses
15 under the Criminal Code of 1961;
16 (5) the inmate is not currently affiliated with a
17 gang; and
18 (6) the inmate is committed to personal change.
19(Source: P.A. 100-283, eff. 8-24-17.)
20 (730 ILCS 5/5-5-3)
21 Sec. 5-5-3. Disposition.
22 (a) (Blank).
23 (b) (Blank).
24 (c) (1) (Blank).
25 (2) A period of probation, a term of periodic imprisonment

HB2458 Engrossed- 145 -LRB103 26118 RLC 52473 b
1or conditional discharge shall not be imposed for the
2following offenses. The court shall sentence the offender to
3not less than the minimum term of imprisonment set forth in
4this Code for the following offenses, and may order a fine or
5restitution or both in conjunction with such term of
6imprisonment:
7 (A) First degree murder where the death penalty is not
8 imposed.
9 (B) Attempted first degree murder.
10 (C) A Class X felony.
11 (D) A violation of Section 401.1 or 407 of the
12 Illinois Controlled Substances Act, or a violation of
13 subdivision (c)(1.5) of Section 401 of that Act which
14 relates to more than 5 grams of a substance containing
15 fentanyl or an analog thereof.
16 (D-5) A violation of subdivision (c)(1) of Section 401
17 of the Illinois Controlled Substances Act which relates to
18 3 or more grams of a substance containing heroin or an
19 analog thereof.
20 (E) (Blank).
21 (F) A Class 1 or greater felony if the offender had
22 been convicted of a Class 1 or greater felony, including
23 any state or federal conviction for an offense that
24 contained, at the time it was committed, the same elements
25 as an offense now (the date of the offense committed after
26 the prior Class 1 or greater felony) classified as a Class

HB2458 Engrossed- 146 -LRB103 26118 RLC 52473 b
1 1 or greater felony, within 10 years of the date on which
2 the offender committed the offense for which he or she is
3 being sentenced, except as otherwise provided in Section
4 40-10 of the Substance Use Disorder Act.
5 (F-3) A Class 2 or greater felony sex offense or
6 felony firearm offense if the offender had been convicted
7 of a Class 2 or greater felony, including any state or
8 federal conviction for an offense that contained, at the
9 time it was committed, the same elements as an offense now
10 (the date of the offense committed after the prior Class 2
11 or greater felony) classified as a Class 2 or greater
12 felony, within 10 years of the date on which the offender
13 committed the offense for which he or she is being
14 sentenced, except as otherwise provided in Section 40-10
15 of the Substance Use Disorder Act.
16 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
17 of the Criminal Code of 1961 or the Criminal Code of 2012
18 for which imprisonment is prescribed in those Sections.
19 (G) Residential burglary, except as otherwise provided
20 in Section 40-10 of the Substance Use Disorder Act.
21 (H) Criminal sexual assault.
22 (I) Aggravated battery of a senior citizen as
23 described in Section 12-4.6 or subdivision (a)(4) of
24 Section 12-3.05 of the Criminal Code of 1961 or the
25 Criminal Code of 2012.
26 (J) A forcible felony if the offense was related to

HB2458 Engrossed- 147 -LRB103 26118 RLC 52473 b
1 the activities of an organized gang.
2 Before July 1, 1994, for the purposes of this
3 paragraph, "organized gang" means an association of 5 or
4 more persons, with an established hierarchy, that
5 encourages members of the association to perpetrate crimes
6 or provides support to the members of the association who
7 do commit crimes.
8 Beginning July 1, 1994, for the purposes of this
9 paragraph, "organized gang" has the meaning ascribed to it
10 in Section 10 of the Illinois Streetgang Terrorism Omnibus
11 Prevention Act.
12 (K) Vehicular hijacking.
13 (L) A second or subsequent conviction for the offense
14 of hate crime when the underlying offense upon which the
15 hate crime is based is felony aggravated assault or felony
16 mob action.
17 (M) A second or subsequent conviction for the offense
18 of institutional vandalism if the damage to the property
19 exceeds $300.
20 (N) A Class 3 felony violation of paragraph (1) of
21 subsection (a) of Section 2 of the Firearm Owners
22 Identification Card Act.
23 (O) A violation of Section 12-6.1 or 12-6.5 of the
24 Criminal Code of 1961 or the Criminal Code of 2012.
25 (P) A violation of paragraph (1), (2), (3), (4), (5),
26 or (7) of subsection (a) of Section 11-20.1 of the

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1 Criminal Code of 1961 or the Criminal Code of 2012.
2 (P-5) A violation of paragraph (6) of subsection (a)
3 of Section 11-20.1 of the Criminal Code of 1961 or the
4 Criminal Code of 2012 if the victim is a household or
5 family member of the defendant.
6 (Q) A violation of subsection (b) or (b-5) of Section
7 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
8 Code of 1961 or the Criminal Code of 2012.
9 (R) A violation of Section 24-3A of the Criminal Code
10 of 1961 or the Criminal Code of 2012.
11 (S) (Blank).
12 (T) (Blank).
13 (U) A second or subsequent violation of Section 6-303
14 of the Illinois Vehicle Code committed while his or her
15 driver's license, permit, or privilege was revoked because
16 of a violation of Section 9-3 of the Criminal Code of 1961
17 or the Criminal Code of 2012, relating to the offense of
18 reckless homicide, or a similar provision of a law of
19 another state.
20 (V) A violation of paragraph (4) of subsection (c) of
21 Section 11-20.1B or paragraph (4) of subsection (c) of
22 Section 11-20.3 of the Criminal Code of 1961, or paragraph
23 (6) of subsection (a) of Section 11-20.1 of the Criminal
24 Code of 2012 when the victim is under 13 years of age and
25 the defendant has previously been convicted under the laws
26 of this State or any other state of the offense of child

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1 sexual abuse material pornography, aggravated child
2 pornography, aggravated criminal sexual abuse, aggravated
3 criminal sexual assault, predatory criminal sexual assault
4 of a child, or any of the offenses formerly known as rape,
5 deviate sexual assault, indecent liberties with a child,
6 or aggravated indecent liberties with a child where the
7 victim was under the age of 18 years or an offense that is
8 substantially equivalent to those offenses.
9 (W) A violation of Section 24-3.5 of the Criminal Code
10 of 1961 or the Criminal Code of 2012.
11 (X) A violation of subsection (a) of Section 31-1a of
12 the Criminal Code of 1961 or the Criminal Code of 2012.
13 (Y) A conviction for unlawful possession of a firearm
14 by a street gang member when the firearm was loaded or
15 contained firearm ammunition.
16 (Z) A Class 1 felony committed while he or she was
17 serving a term of probation or conditional discharge for a
18 felony.
19 (AA) Theft of property exceeding $500,000 and not
20 exceeding $1,000,000 in value.
21 (BB) Laundering of criminally derived property of a
22 value exceeding $500,000.
23 (CC) Knowingly selling, offering for sale, holding for
24 sale, or using 2,000 or more counterfeit items or
25 counterfeit items having a retail value in the aggregate
26 of $500,000 or more.

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1 (DD) A conviction for aggravated assault under
2 paragraph (6) of subsection (c) of Section 12-2 of the
3 Criminal Code of 1961 or the Criminal Code of 2012 if the
4 firearm is aimed toward the person against whom the
5 firearm is being used.
6 (EE) A conviction for a violation of paragraph (2) of
7 subsection (a) of Section 24-3B of the Criminal Code of
8 2012.
9 (3) (Blank).
10 (4) A minimum term of imprisonment of not less than 10
11consecutive days or 30 days of community service shall be
12imposed for a violation of paragraph (c) of Section 6-303 of
13the Illinois Vehicle Code.
14 (4.1) (Blank).
15 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
16this subsection (c), a minimum of 100 hours of community
17service shall be imposed for a second violation of Section
186-303 of the Illinois Vehicle Code.
19 (4.3) A minimum term of imprisonment of 30 days or 300
20hours of community service, as determined by the court, shall
21be imposed for a second violation of subsection (c) of Section
226-303 of the Illinois Vehicle Code.
23 (4.4) Except as provided in paragraphs (4.5), (4.6), and
24(4.9) of this subsection (c), a minimum term of imprisonment
25of 30 days or 300 hours of community service, as determined by
26the court, shall be imposed for a third or subsequent

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1violation of Section 6-303 of the Illinois Vehicle Code. The
2court may give credit toward the fulfillment of community
3service hours for participation in activities and treatment as
4determined by court services.
5 (4.5) A minimum term of imprisonment of 30 days shall be
6imposed for a third violation of subsection (c) of Section
76-303 of the Illinois Vehicle Code.
8 (4.6) Except as provided in paragraph (4.10) of this
9subsection (c), a minimum term of imprisonment of 180 days
10shall be imposed for a fourth or subsequent violation of
11subsection (c) of Section 6-303 of the Illinois Vehicle Code.
12 (4.7) A minimum term of imprisonment of not less than 30
13consecutive days, or 300 hours of community service, shall be
14imposed for a violation of subsection (a-5) of Section 6-303
15of the Illinois Vehicle Code, as provided in subsection (b-5)
16of that Section.
17 (4.8) A mandatory prison sentence shall be imposed for a
18second violation of subsection (a-5) of Section 6-303 of the
19Illinois Vehicle Code, as provided in subsection (c-5) of that
20Section. The person's driving privileges shall be revoked for
21a period of not less than 5 years from the date of his or her
22release from prison.
23 (4.9) A mandatory prison sentence of not less than 4 and
24not more than 15 years shall be imposed for a third violation
25of subsection (a-5) of Section 6-303 of the Illinois Vehicle
26Code, as provided in subsection (d-2.5) of that Section. The

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1person's driving privileges shall be revoked for the remainder
2of his or her life.
3 (4.10) A mandatory prison sentence for a Class 1 felony
4shall be imposed, and the person shall be eligible for an
5extended term sentence, for a fourth or subsequent violation
6of subsection (a-5) of Section 6-303 of the Illinois Vehicle
7Code, as provided in subsection (d-3.5) of that Section. The
8person's driving privileges shall be revoked for the remainder
9of his or her life.
10 (5) The court may sentence a corporation or unincorporated
11association convicted of any offense to:
12 (A) a period of conditional discharge;
13 (B) a fine;
14 (C) make restitution to the victim under Section 5-5-6
15 of this Code.
16 (5.1) In addition to any other penalties imposed, and
17except as provided in paragraph (5.2) or (5.3), a person
18convicted of violating subsection (c) of Section 11-907 of the
19Illinois Vehicle Code shall have his or her driver's license,
20permit, or privileges suspended for at least 90 days but not
21more than one year, if the violation resulted in damage to the
22property of another person.
23 (5.2) In addition to any other penalties imposed, and
24except as provided in paragraph (5.3), a person convicted of
25violating subsection (c) of Section 11-907 of the Illinois
26Vehicle Code shall have his or her driver's license, permit,

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1or privileges suspended for at least 180 days but not more than
22 years, if the violation resulted in injury to another
3person.
4 (5.3) In addition to any other penalties imposed, a person
5convicted of violating subsection (c) of Section 11-907 of the
6Illinois Vehicle Code shall have his or her driver's license,
7permit, or privileges suspended for 2 years, if the violation
8resulted in the death of another person.
9 (5.4) In addition to any other penalties imposed, a person
10convicted of violating Section 3-707 of the Illinois Vehicle
11Code shall have his or her driver's license, permit, or
12privileges suspended for 3 months and until he or she has paid
13a reinstatement fee of $100.
14 (5.5) In addition to any other penalties imposed, a person
15convicted of violating Section 3-707 of the Illinois Vehicle
16Code during a period in which his or her driver's license,
17permit, or privileges were suspended for a previous violation
18of that Section shall have his or her driver's license,
19permit, or privileges suspended for an additional 6 months
20after the expiration of the original 3-month suspension and
21until he or she has paid a reinstatement fee of $100.
22 (6) (Blank).
23 (7) (Blank).
24 (8) (Blank).
25 (9) A defendant convicted of a second or subsequent
26offense of ritualized abuse of a child may be sentenced to a

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1term of natural life imprisonment.
2 (10) (Blank).
3 (11) The court shall impose a minimum fine of $1,000 for a
4first offense and $2,000 for a second or subsequent offense
5upon a person convicted of or placed on supervision for
6battery when the individual harmed was a sports official or
7coach at any level of competition and the act causing harm to
8the sports official or coach occurred within an athletic
9facility or within the immediate vicinity of the athletic
10facility at which the sports official or coach was an active
11participant of the athletic contest held at the athletic
12facility. For the purposes of this paragraph (11), "sports
13official" means a person at an athletic contest who enforces
14the rules of the contest, such as an umpire or referee;
15"athletic facility" means an indoor or outdoor playing field
16or recreational area where sports activities are conducted;
17and "coach" means a person recognized as a coach by the
18sanctioning authority that conducted the sporting event.
19 (12) A person may not receive a disposition of court
20supervision for a violation of Section 5-16 of the Boat
21Registration and Safety Act if that person has previously
22received a disposition of court supervision for a violation of
23that Section.
24 (13) A person convicted of or placed on court supervision
25for an assault or aggravated assault when the victim and the
26offender are family or household members as defined in Section

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1103 of the Illinois Domestic Violence Act of 1986 or convicted
2of domestic battery or aggravated domestic battery may be
3required to attend a Partner Abuse Intervention Program under
4protocols set forth by the Illinois Department of Human
5Services under such terms and conditions imposed by the court.
6The costs of such classes shall be paid by the offender.
7 (d) In any case in which a sentence originally imposed is
8vacated, the case shall be remanded to the trial court. The
9trial court shall hold a hearing under Section 5-4-1 of this
10Code which may include evidence of the defendant's life, moral
11character and occupation during the time since the original
12sentence was passed. The trial court shall then impose
13sentence upon the defendant. The trial court may impose any
14sentence which could have been imposed at the original trial
15subject to Section 5-5-4 of this Code. If a sentence is vacated
16on appeal or on collateral attack due to the failure of the
17trier of fact at trial to determine beyond a reasonable doubt
18the existence of a fact (other than a prior conviction)
19necessary to increase the punishment for the offense beyond
20the statutory maximum otherwise applicable, either the
21defendant may be re-sentenced to a term within the range
22otherwise provided or, if the State files notice of its
23intention to again seek the extended sentence, the defendant
24shall be afforded a new trial.
25 (e) In cases where prosecution for aggravated criminal
26sexual abuse under Section 11-1.60 or 12-16 of the Criminal

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1Code of 1961 or the Criminal Code of 2012 results in conviction
2of a defendant who was a family member of the victim at the
3time of the commission of the offense, the court shall
4consider the safety and welfare of the victim and may impose a
5sentence of probation only where:
6 (1) the court finds (A) or (B) or both are
7 appropriate:
8 (A) the defendant is willing to undergo a court
9 approved counseling program for a minimum duration of
10 2 years; or
11 (B) the defendant is willing to participate in a
12 court approved plan, including, but not limited to,
13 the defendant's:
14 (i) removal from the household;
15 (ii) restricted contact with the victim;
16 (iii) continued financial support of the
17 family;
18 (iv) restitution for harm done to the victim;
19 and
20 (v) compliance with any other measures that
21 the court may deem appropriate; and
22 (2) the court orders the defendant to pay for the
23 victim's counseling services, to the extent that the court
24 finds, after considering the defendant's income and
25 assets, that the defendant is financially capable of
26 paying for such services, if the victim was under 18 years

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1 of age at the time the offense was committed and requires
2 counseling as a result of the offense.
3 Probation may be revoked or modified pursuant to Section
45-6-4; except where the court determines at the hearing that
5the defendant violated a condition of his or her probation
6restricting contact with the victim or other family members or
7commits another offense with the victim or other family
8members, the court shall revoke the defendant's probation and
9impose a term of imprisonment.
10 For the purposes of this Section, "family member" and
11"victim" shall have the meanings ascribed to them in Section
1211-0.1 of the Criminal Code of 2012.
13 (f) (Blank).
14 (g) Whenever a defendant is convicted of an offense under
15Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1611-14.3, 11-14.4 except for an offense that involves keeping a
17place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1811-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1912-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
20Criminal Code of 2012, the defendant shall undergo medical
21testing to determine whether the defendant has any sexually
22transmissible disease, including a test for infection with
23human immunodeficiency virus (HIV) or any other identified
24causative agent of acquired immunodeficiency syndrome (AIDS).
25Any such medical test shall be performed only by appropriately
26licensed medical practitioners and may include an analysis of

HB2458 Engrossed- 158 -LRB103 26118 RLC 52473 b
1any bodily fluids as well as an examination of the defendant's
2person. Except as otherwise provided by law, the results of
3such test shall be kept strictly confidential by all medical
4personnel involved in the testing and must be personally
5delivered in a sealed envelope to the judge of the court in
6which the conviction was entered for the judge's inspection in
7camera. Acting in accordance with the best interests of the
8victim and the public, the judge shall have the discretion to
9determine to whom, if anyone, the results of the testing may be
10revealed. The court shall notify the defendant of the test
11results. The court shall also notify the victim if requested
12by the victim, and if the victim is under the age of 15 and if
13requested by the victim's parents or legal guardian, the court
14shall notify the victim's parents or legal guardian of the
15test results. The court shall provide information on the
16availability of HIV testing and counseling at Department of
17Public Health facilities to all parties to whom the results of
18the testing are revealed and shall direct the State's Attorney
19to provide the information to the victim when possible. The
20court shall order that the cost of any such test shall be paid
21by the county and may be taxed as costs against the convicted
22defendant.
23 (g-5) When an inmate is tested for an airborne
24communicable disease, as determined by the Illinois Department
25of Public Health, including, but not limited to, tuberculosis,
26the results of the test shall be personally delivered by the

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1warden or his or her designee in a sealed envelope to the judge
2of the court in which the inmate must appear for the judge's
3inspection in camera if requested by the judge. Acting in
4accordance with the best interests of those in the courtroom,
5the judge shall have the discretion to determine what if any
6precautions need to be taken to prevent transmission of the
7disease in the courtroom.
8 (h) Whenever a defendant is convicted of an offense under
9Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
10defendant shall undergo medical testing to determine whether
11the defendant has been exposed to human immunodeficiency virus
12(HIV) or any other identified causative agent of acquired
13immunodeficiency syndrome (AIDS). Except as otherwise provided
14by law, the results of such test shall be kept strictly
15confidential by all medical personnel involved in the testing
16and must be personally delivered in a sealed envelope to the
17judge of the court in which the conviction was entered for the
18judge's inspection in camera. Acting in accordance with the
19best interests of the public, the judge shall have the
20discretion to determine to whom, if anyone, the results of the
21testing may be revealed. The court shall notify the defendant
22of a positive test showing an infection with the human
23immunodeficiency virus (HIV). The court shall provide
24information on the availability of HIV testing and counseling
25at Department of Public Health facilities to all parties to
26whom the results of the testing are revealed and shall direct

HB2458 Engrossed- 160 -LRB103 26118 RLC 52473 b
1the State's Attorney to provide the information to the victim
2when possible. The court shall order that the cost of any such
3test shall be paid by the county and may be taxed as costs
4against the convicted defendant.
5 (i) All fines and penalties imposed under this Section for
6any violation of Chapters 3, 4, 6, and 11 of the Illinois
7Vehicle Code, or a similar provision of a local ordinance, and
8any violation of the Child Passenger Protection Act, or a
9similar provision of a local ordinance, shall be collected and
10disbursed by the circuit clerk as provided under the Criminal
11and Traffic Assessment Act.
12 (j) In cases when prosecution for any violation of Section
1311-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1411-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1511-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1611-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1712-15, or 12-16 of the Criminal Code of 1961 or the Criminal
18Code of 2012, any violation of the Illinois Controlled
19Substances Act, any violation of the Cannabis Control Act, or
20any violation of the Methamphetamine Control and Community
21Protection Act results in conviction, a disposition of court
22supervision, or an order of probation granted under Section 10
23of the Cannabis Control Act, Section 410 of the Illinois
24Controlled Substances Act, or Section 70 of the
25Methamphetamine Control and Community Protection Act of a
26defendant, the court shall determine whether the defendant is

HB2458 Engrossed- 161 -LRB103 26118 RLC 52473 b
1employed by a facility or center as defined under the Child
2Care Act of 1969, a public or private elementary or secondary
3school, or otherwise works with children under 18 years of age
4on a daily basis. When a defendant is so employed, the court
5shall order the Clerk of the Court to send a copy of the
6judgment of conviction or order of supervision or probation to
7the defendant's employer by certified mail. If the employer of
8the defendant is a school, the Clerk of the Court shall direct
9the mailing of a copy of the judgment of conviction or order of
10supervision or probation to the appropriate regional
11superintendent of schools. The regional superintendent of
12schools shall notify the State Board of Education of any
13notification under this subsection.
14 (j-5) A defendant at least 17 years of age who is convicted
15of a felony and who has not been previously convicted of a
16misdemeanor or felony and who is sentenced to a term of
17imprisonment in the Illinois Department of Corrections shall
18as a condition of his or her sentence be required by the court
19to attend educational courses designed to prepare the
20defendant for a high school diploma and to work toward a high
21school diploma or to work toward passing high school
22equivalency testing or to work toward completing a vocational
23training program offered by the Department of Corrections. If
24a defendant fails to complete the educational training
25required by his or her sentence during the term of
26incarceration, the Prisoner Review Board shall, as a condition

HB2458 Engrossed- 162 -LRB103 26118 RLC 52473 b
1of mandatory supervised release, require the defendant, at his
2or her own expense, to pursue a course of study toward a high
3school diploma or passage of high school equivalency testing.
4The Prisoner Review Board shall revoke the mandatory
5supervised release of a defendant who wilfully fails to comply
6with this subsection (j-5) upon his or her release from
7confinement in a penal institution while serving a mandatory
8supervised release term; however, the inability of the
9defendant after making a good faith effort to obtain financial
10aid or pay for the educational training shall not be deemed a
11wilful failure to comply. The Prisoner Review Board shall
12recommit the defendant whose mandatory supervised release term
13has been revoked under this subsection (j-5) as provided in
14Section 3-3-9. This subsection (j-5) does not apply to a
15defendant who has a high school diploma or has successfully
16passed high school equivalency testing. This subsection (j-5)
17does not apply to a defendant who is determined by the court to
18be a person with a developmental disability or otherwise
19mentally incapable of completing the educational or vocational
20program.
21 (k) (Blank).
22 (l) (A) Except as provided in paragraph (C) of subsection
23(l), whenever a defendant, who is not a citizen or national of
24the United States, is convicted of any felony or misdemeanor
25offense, the court after sentencing the defendant may, upon
26motion of the State's Attorney, hold sentence in abeyance and

HB2458 Engrossed- 163 -LRB103 26118 RLC 52473 b
1remand the defendant to the custody of the Attorney General of
2the United States or his or her designated agent to be deported
3when:
4 (1) a final order of deportation has been issued
5 against the defendant pursuant to proceedings under the
6 Immigration and Nationality Act, and
7 (2) the deportation of the defendant would not
8 deprecate the seriousness of the defendant's conduct and
9 would not be inconsistent with the ends of justice.
10 Otherwise, the defendant shall be sentenced as provided in
11this Chapter V.
12 (B) If the defendant has already been sentenced for a
13felony or misdemeanor offense, or has been placed on probation
14under Section 10 of the Cannabis Control Act, Section 410 of
15the Illinois Controlled Substances Act, or Section 70 of the
16Methamphetamine Control and Community Protection Act, the
17court may, upon motion of the State's Attorney to suspend the
18sentence imposed, commit the defendant to the custody of the
19Attorney General of the United States or his or her designated
20agent when:
21 (1) a final order of deportation has been issued
22 against the defendant pursuant to proceedings under the
23 Immigration and Nationality Act, and
24 (2) the deportation of the defendant would not
25 deprecate the seriousness of the defendant's conduct and
26 would not be inconsistent with the ends of justice.

HB2458 Engrossed- 164 -LRB103 26118 RLC 52473 b
1 (C) This subsection (l) does not apply to offenders who
2are subject to the provisions of paragraph (2) of subsection
3(a) of Section 3-6-3.
4 (D) Upon motion of the State's Attorney, if a defendant
5sentenced under this Section returns to the jurisdiction of
6the United States, the defendant shall be recommitted to the
7custody of the county from which he or she was sentenced.
8Thereafter, the defendant shall be brought before the
9sentencing court, which may impose any sentence that was
10available under Section 5-5-3 at the time of initial
11sentencing. In addition, the defendant shall not be eligible
12for additional earned sentence credit as provided under
13Section 3-6-3.
14 (m) A person convicted of criminal defacement of property
15under Section 21-1.3 of the Criminal Code of 1961 or the
16Criminal Code of 2012, in which the property damage exceeds
17$300 and the property damaged is a school building, shall be
18ordered to perform community service that may include cleanup,
19removal, or painting over the defacement.
20 (n) The court may sentence a person convicted of a
21violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
22subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
23of 1961 or the Criminal Code of 2012 (i) to an impact
24incarceration program if the person is otherwise eligible for
25that program under Section 5-8-1.1, (ii) to community service,
26or (iii) if the person has a substance use disorder, as defined

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1in the Substance Use Disorder Act, to a treatment program
2licensed under that Act.
3 (o) Whenever a person is convicted of a sex offense as
4defined in Section 2 of the Sex Offender Registration Act, the
5defendant's driver's license or permit shall be subject to
6renewal on an annual basis in accordance with the provisions
7of license renewal established by the Secretary of State.
8(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
9102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
105-27-22.)
11 (730 ILCS 5/5-5-3.2)
12 (Text of Section before amendment by P.A. 102-982)
13 Sec. 5-5-3.2. Factors in aggravation and extended-term
14sentencing.
15 (a) The following factors shall be accorded weight in
16favor of imposing a term of imprisonment or may be considered
17by the court as reasons to impose a more severe sentence under
18Section 5-8-1 or Article 4.5 of Chapter V:
19 (1) the defendant's conduct caused or threatened
20 serious harm;
21 (2) the defendant received compensation for committing
22 the offense;
23 (3) the defendant has a history of prior delinquency
24 or criminal activity;
25 (4) the defendant, by the duties of his office or by

HB2458 Engrossed- 166 -LRB103 26118 RLC 52473 b
1 his position, was obliged to prevent the particular
2 offense committed or to bring the offenders committing it
3 to justice;
4 (5) the defendant held public office at the time of
5 the offense, and the offense related to the conduct of
6 that office;
7 (6) the defendant utilized his professional reputation
8 or position in the community to commit the offense, or to
9 afford him an easier means of committing it;
10 (7) the sentence is necessary to deter others from
11 committing the same crime;
12 (8) the defendant committed the offense against a
13 person 60 years of age or older or such person's property;
14 (9) the defendant committed the offense against a
15 person who has a physical disability or such person's
16 property;
17 (10) by reason of another individual's actual or
18 perceived race, color, creed, religion, ancestry, gender,
19 sexual orientation, physical or mental disability, or
20 national origin, the defendant committed the offense
21 against (i) the person or property of that individual;
22 (ii) the person or property of a person who has an
23 association with, is married to, or has a friendship with
24 the other individual; or (iii) the person or property of a
25 relative (by blood or marriage) of a person described in
26 clause (i) or (ii). For the purposes of this Section,

HB2458 Engrossed- 167 -LRB103 26118 RLC 52473 b
1 "sexual orientation" has the meaning ascribed to it in
2 paragraph (O-1) of Section 1-103 of the Illinois Human
3 Rights Act;
4 (11) the offense took place in a place of worship or on
5 the grounds of a place of worship, immediately prior to,
6 during or immediately following worship services. For
7 purposes of this subparagraph, "place of worship" shall
8 mean any church, synagogue or other building, structure or
9 place used primarily for religious worship;
10 (12) the defendant was convicted of a felony committed
11 while he was on pretrial release or his own recognizance
12 pending trial for a prior felony and was convicted of such
13 prior felony, or the defendant was convicted of a felony
14 committed while he was serving a period of probation,
15 conditional discharge, or mandatory supervised release
16 under subsection (d) of Section 5-8-1 for a prior felony;
17 (13) the defendant committed or attempted to commit a
18 felony while he was wearing a bulletproof vest. For the
19 purposes of this paragraph (13), a bulletproof vest is any
20 device which is designed for the purpose of protecting the
21 wearer from bullets, shot or other lethal projectiles;
22 (14) the defendant held a position of trust or
23 supervision such as, but not limited to, family member as
24 defined in Section 11-0.1 of the Criminal Code of 2012,
25 teacher, scout leader, baby sitter, or day care worker, in
26 relation to a victim under 18 years of age, and the

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1 defendant committed an offense in violation of Section
2 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
3 11-14.4 except for an offense that involves keeping a
4 place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
5 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
6 or 12-16 of the Criminal Code of 1961 or the Criminal Code
7 of 2012 against that victim;
8 (15) the defendant committed an offense related to the
9 activities of an organized gang. For the purposes of this
10 factor, "organized gang" has the meaning ascribed to it in
11 Section 10 of the Streetgang Terrorism Omnibus Prevention
12 Act;
13 (16) the defendant committed an offense in violation
14 of one of the following Sections while in a school,
15 regardless of the time of day or time of year; on any
16 conveyance owned, leased, or contracted by a school to
17 transport students to or from school or a school related
18 activity; on the real property of a school; or on a public
19 way within 1,000 feet of the real property comprising any
20 school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
21 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
22 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
23 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
24 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
25 for subdivision (a)(4) or (g)(1), of the Criminal Code of
26 1961 or the Criminal Code of 2012;

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1 (16.5) the defendant committed an offense in violation
2 of one of the following Sections while in a day care
3 center, regardless of the time of day or time of year; on
4 the real property of a day care center, regardless of the
5 time of day or time of year; or on a public way within
6 1,000 feet of the real property comprising any day care
7 center, regardless of the time of day or time of year:
8 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
9 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
10 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
11 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
12 18-2, or 33A-2, or Section 12-3.05 except for subdivision
13 (a)(4) or (g)(1), of the Criminal Code of 1961 or the
14 Criminal Code of 2012;
15 (17) the defendant committed the offense by reason of
16 any person's activity as a community policing volunteer or
17 to prevent any person from engaging in activity as a
18 community policing volunteer. For the purpose of this
19 Section, "community policing volunteer" has the meaning
20 ascribed to it in Section 2-3.5 of the Criminal Code of
21 2012;
22 (18) the defendant committed the offense in a nursing
23 home or on the real property comprising a nursing home.
24 For the purposes of this paragraph (18), "nursing home"
25 means a skilled nursing or intermediate long term care
26 facility that is subject to license by the Illinois

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1 Department of Public Health under the Nursing Home Care
2 Act, the Specialized Mental Health Rehabilitation Act of
3 2013, the ID/DD Community Care Act, or the MC/DD Act;
4 (19) the defendant was a federally licensed firearm
5 dealer and was previously convicted of a violation of
6 subsection (a) of Section 3 of the Firearm Owners
7 Identification Card Act and has now committed either a
8 felony violation of the Firearm Owners Identification Card
9 Act or an act of armed violence while armed with a firearm;
10 (20) the defendant (i) committed the offense of
11 reckless homicide under Section 9-3 of the Criminal Code
12 of 1961 or the Criminal Code of 2012 or the offense of
13 driving under the influence of alcohol, other drug or
14 drugs, intoxicating compound or compounds or any
15 combination thereof under Section 11-501 of the Illinois
16 Vehicle Code or a similar provision of a local ordinance
17 and (ii) was operating a motor vehicle in excess of 20
18 miles per hour over the posted speed limit as provided in
19 Article VI of Chapter 11 of the Illinois Vehicle Code;
20 (21) the defendant (i) committed the offense of
21 reckless driving or aggravated reckless driving under
22 Section 11-503 of the Illinois Vehicle Code and (ii) was
23 operating a motor vehicle in excess of 20 miles per hour
24 over the posted speed limit as provided in Article VI of
25 Chapter 11 of the Illinois Vehicle Code;
26 (22) the defendant committed the offense against a

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1 person that the defendant knew, or reasonably should have
2 known, was a member of the Armed Forces of the United
3 States serving on active duty. For purposes of this clause
4 (22), the term "Armed Forces" means any of the Armed
5 Forces of the United States, including a member of any
6 reserve component thereof or National Guard unit called to
7 active duty;
8 (23) the defendant committed the offense against a
9 person who was elderly or infirm or who was a person with a
10 disability by taking advantage of a family or fiduciary
11 relationship with the elderly or infirm person or person
12 with a disability;
13 (24) the defendant committed any offense under Section
14 11-20.1 of the Criminal Code of 1961 or the Criminal Code
15 of 2012 and possessed 100 or more images;
16 (25) the defendant committed the offense while the
17 defendant or the victim was in a train, bus, or other
18 vehicle used for public transportation;
19 (26) the defendant committed the offense of child
20 pornography or aggravated child pornography, specifically
21 including paragraph (1), (2), (3), (4), (5), or (7) of
22 subsection (a) of Section 11-20.1 of the Criminal Code of
23 1961 or the Criminal Code of 2012 where a child engaged in,
24 solicited for, depicted in, or posed in any act of sexual
25 penetration or bound, fettered, or subject to sadistic,
26 masochistic, or sadomasochistic abuse in a sexual context

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1 and specifically including paragraph (1), (2), (3), (4),
2 (5), or (7) of subsection (a) of Section 11-20.1B or
3 Section 11-20.3 of the Criminal Code of 1961 where a child
4 engaged in, solicited for, depicted in, or posed in any
5 act of sexual penetration or bound, fettered, or subject
6 to sadistic, masochistic, or sadomasochistic abuse in a
7 sexual context;
8 (27) the defendant committed the offense of first
9 degree murder, assault, aggravated assault, battery,
10 aggravated battery, robbery, armed robbery, or aggravated
11 robbery against a person who was a veteran and the
12 defendant knew, or reasonably should have known, that the
13 person was a veteran performing duties as a representative
14 of a veterans' organization. For the purposes of this
15 paragraph (27), "veteran" means an Illinois resident who
16 has served as a member of the United States Armed Forces, a
17 member of the Illinois National Guard, or a member of the
18 United States Reserve Forces; and "veterans' organization"
19 means an organization comprised of members of which
20 substantially all are individuals who are veterans or
21 spouses, widows, or widowers of veterans, the primary
22 purpose of which is to promote the welfare of its members
23 and to provide assistance to the general public in such a
24 way as to confer a public benefit;
25 (28) the defendant committed the offense of assault,
26 aggravated assault, battery, aggravated battery, robbery,

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1 armed robbery, or aggravated robbery against a person that
2 the defendant knew or reasonably should have known was a
3 letter carrier or postal worker while that person was
4 performing his or her duties delivering mail for the
5 United States Postal Service;
6 (29) the defendant committed the offense of criminal
7 sexual assault, aggravated criminal sexual assault,
8 criminal sexual abuse, or aggravated criminal sexual abuse
9 against a victim with an intellectual disability, and the
10 defendant holds a position of trust, authority, or
11 supervision in relation to the victim;
12 (30) the defendant committed the offense of promoting
13 juvenile prostitution, patronizing a prostitute, or
14 patronizing a minor engaged in prostitution and at the
15 time of the commission of the offense knew that the
16 prostitute or minor engaged in prostitution was in the
17 custody or guardianship of the Department of Children and
18 Family Services;
19 (31) the defendant (i) committed the offense of
20 driving while under the influence of alcohol, other drug
21 or drugs, intoxicating compound or compounds or any
22 combination thereof in violation of Section 11-501 of the
23 Illinois Vehicle Code or a similar provision of a local
24 ordinance and (ii) the defendant during the commission of
25 the offense was driving his or her vehicle upon a roadway
26 designated for one-way traffic in the opposite direction

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1 of the direction indicated by official traffic control
2 devices;
3 (32) the defendant committed the offense of reckless
4 homicide while committing a violation of Section 11-907 of
5 the Illinois Vehicle Code;
6 (33) the defendant was found guilty of an
7 administrative infraction related to an act or acts of
8 public indecency or sexual misconduct in the penal
9 institution. In this paragraph (33), "penal institution"
10 has the same meaning as in Section 2-14 of the Criminal
11 Code of 2012; or
12 (34) the defendant committed the offense of leaving
13 the scene of an accident in violation of subsection (b) of
14 Section 11-401 of the Illinois Vehicle Code and the
15 accident resulted in the death of a person and at the time
16 of the offense, the defendant was: (i) driving under the
17 influence of alcohol, other drug or drugs, intoxicating
18 compound or compounds or any combination thereof as
19 defined by Section 11-501 of the Illinois Vehicle Code; or
20 (ii) operating the motor vehicle while using an electronic
21 communication device as defined in Section 12-610.2 of the
22 Illinois Vehicle Code.
23 For the purposes of this Section:
24 "School" is defined as a public or private elementary or
25secondary school, community college, college, or university.
26 "Day care center" means a public or private State

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1certified and licensed day care center as defined in Section
22.09 of the Child Care Act of 1969 that displays a sign in
3plain view stating that the property is a day care center.
4 "Intellectual disability" means significantly subaverage
5intellectual functioning which exists concurrently with
6impairment in adaptive behavior.
7 "Public transportation" means the transportation or
8conveyance of persons by means available to the general
9public, and includes paratransit services.
10 "Traffic control devices" means all signs, signals,
11markings, and devices that conform to the Illinois Manual on
12Uniform Traffic Control Devices, placed or erected by
13authority of a public body or official having jurisdiction,
14for the purpose of regulating, warning, or guiding traffic.
15 (b) The following factors, related to all felonies, may be
16considered by the court as reasons to impose an extended term
17sentence under Section 5-8-2 upon any offender:
18 (1) When a defendant is convicted of any felony, after
19 having been previously convicted in Illinois or any other
20 jurisdiction of the same or similar class felony or
21 greater class felony, when such conviction has occurred
22 within 10 years after the previous conviction, excluding
23 time spent in custody, and such charges are separately
24 brought and tried and arise out of different series of
25 acts; or
26 (2) When a defendant is convicted of any felony and

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1 the court finds that the offense was accompanied by
2 exceptionally brutal or heinous behavior indicative of
3 wanton cruelty; or
4 (3) When a defendant is convicted of any felony
5 committed against:
6 (i) a person under 12 years of age at the time of
7 the offense or such person's property;
8 (ii) a person 60 years of age or older at the time
9 of the offense or such person's property; or
10 (iii) a person who had a physical disability at
11 the time of the offense or such person's property; or
12 (4) When a defendant is convicted of any felony and
13 the offense involved any of the following types of
14 specific misconduct committed as part of a ceremony, rite,
15 initiation, observance, performance, practice or activity
16 of any actual or ostensible religious, fraternal, or
17 social group:
18 (i) the brutalizing or torturing of humans or
19 animals;
20 (ii) the theft of human corpses;
21 (iii) the kidnapping of humans;
22 (iv) the desecration of any cemetery, religious,
23 fraternal, business, governmental, educational, or
24 other building or property; or
25 (v) ritualized abuse of a child; or
26 (5) When a defendant is convicted of a felony other

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1 than conspiracy and the court finds that the felony was
2 committed under an agreement with 2 or more other persons
3 to commit that offense and the defendant, with respect to
4 the other individuals, occupied a position of organizer,
5 supervisor, financier, or any other position of management
6 or leadership, and the court further finds that the felony
7 committed was related to or in furtherance of the criminal
8 activities of an organized gang or was motivated by the
9 defendant's leadership in an organized gang; or
10 (6) When a defendant is convicted of an offense
11 committed while using a firearm with a laser sight
12 attached to it. For purposes of this paragraph, "laser
13 sight" has the meaning ascribed to it in Section 26-7 of
14 the Criminal Code of 2012; or
15 (7) When a defendant who was at least 17 years of age
16 at the time of the commission of the offense is convicted
17 of a felony and has been previously adjudicated a
18 delinquent minor under the Juvenile Court Act of 1987 for
19 an act that if committed by an adult would be a Class X or
20 Class 1 felony when the conviction has occurred within 10
21 years after the previous adjudication, excluding time
22 spent in custody; or
23 (8) When a defendant commits any felony and the
24 defendant used, possessed, exercised control over, or
25 otherwise directed an animal to assault a law enforcement
26 officer engaged in the execution of his or her official

HB2458 Engrossed- 178 -LRB103 26118 RLC 52473 b
1 duties or in furtherance of the criminal activities of an
2 organized gang in which the defendant is engaged; or
3 (9) When a defendant commits any felony and the
4 defendant knowingly video or audio records the offense
5 with the intent to disseminate the recording.
6 (c) The following factors may be considered by the court
7as reasons to impose an extended term sentence under Section
85-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
9offenses:
10 (1) When a defendant is convicted of first degree
11 murder, after having been previously convicted in Illinois
12 of any offense listed under paragraph (c)(2) of Section
13 5-5-3 (730 ILCS 5/5-5-3), when that conviction has
14 occurred within 10 years after the previous conviction,
15 excluding time spent in custody, and the charges are
16 separately brought and tried and arise out of different
17 series of acts.
18 (1.5) When a defendant is convicted of first degree
19 murder, after having been previously convicted of domestic
20 battery (720 ILCS 5/12-3.2) or aggravated domestic battery
21 (720 ILCS 5/12-3.3) committed on the same victim or after
22 having been previously convicted of violation of an order
23 of protection (720 ILCS 5/12-30) in which the same victim
24 was the protected person.
25 (2) When a defendant is convicted of voluntary
26 manslaughter, second degree murder, involuntary

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1 manslaughter, or reckless homicide in which the defendant
2 has been convicted of causing the death of more than one
3 individual.
4 (3) When a defendant is convicted of aggravated
5 criminal sexual assault or criminal sexual assault, when
6 there is a finding that aggravated criminal sexual assault
7 or criminal sexual assault was also committed on the same
8 victim by one or more other individuals, and the defendant
9 voluntarily participated in the crime with the knowledge
10 of the participation of the others in the crime, and the
11 commission of the crime was part of a single course of
12 conduct during which there was no substantial change in
13 the nature of the criminal objective.
14 (4) If the victim was under 18 years of age at the time
15 of the commission of the offense, when a defendant is
16 convicted of aggravated criminal sexual assault or
17 predatory criminal sexual assault of a child under
18 subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
19 of Section 12-14.1 of the Criminal Code of 1961 or the
20 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
21 (5) When a defendant is convicted of a felony
22 violation of Section 24-1 of the Criminal Code of 1961 or
23 the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
24 finding that the defendant is a member of an organized
25 gang.
26 (6) When a defendant was convicted of unlawful use of

HB2458 Engrossed- 180 -LRB103 26118 RLC 52473 b
1 weapons under Section 24-1 of the Criminal Code of 1961 or
2 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
3 a weapon that is not readily distinguishable as one of the
4 weapons enumerated in Section 24-1 of the Criminal Code of
5 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
6 (7) When a defendant is convicted of an offense
7 involving the illegal manufacture of a controlled
8 substance under Section 401 of the Illinois Controlled
9 Substances Act (720 ILCS 570/401), the illegal manufacture
10 of methamphetamine under Section 25 of the Methamphetamine
11 Control and Community Protection Act (720 ILCS 646/25), or
12 the illegal possession of explosives and an emergency
13 response officer in the performance of his or her duties
14 is killed or injured at the scene of the offense while
15 responding to the emergency caused by the commission of
16 the offense. In this paragraph, "emergency" means a
17 situation in which a person's life, health, or safety is
18 in jeopardy; and "emergency response officer" means a
19 peace officer, community policing volunteer, fireman,
20 emergency medical technician-ambulance, emergency medical
21 technician-intermediate, emergency medical
22 technician-paramedic, ambulance driver, other medical
23 assistance or first aid personnel, or hospital emergency
24 room personnel.
25 (8) When the defendant is convicted of attempted mob
26 action, solicitation to commit mob action, or conspiracy

HB2458 Engrossed- 181 -LRB103 26118 RLC 52473 b
1 to commit mob action under Section 8-1, 8-2, or 8-4 of the
2 Criminal Code of 2012, where the criminal object is a
3 violation of Section 25-1 of the Criminal Code of 2012,
4 and an electronic communication is used in the commission
5 of the offense. For the purposes of this paragraph (8),
6 "electronic communication" shall have the meaning provided
7 in Section 26.5-0.1 of the Criminal Code of 2012.
8 (d) For the purposes of this Section, "organized gang" has
9the meaning ascribed to it in Section 10 of the Illinois
10Streetgang Terrorism Omnibus Prevention Act.
11 (e) The court may impose an extended term sentence under
12Article 4.5 of Chapter V upon an offender who has been
13convicted of a felony violation of Section 11-1.20, 11-1.30,
1411-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
1512-16 of the Criminal Code of 1961 or the Criminal Code of 2012
16when the victim of the offense is under 18 years of age at the
17time of the commission of the offense and, during the
18commission of the offense, the victim was under the influence
19of alcohol, regardless of whether or not the alcohol was
20supplied by the offender; and the offender, at the time of the
21commission of the offense, knew or should have known that the
22victim had consumed alcohol.
23(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
24101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
258-20-21.)

HB2458 Engrossed- 182 -LRB103 26118 RLC 52473 b
1 (Text of Section after amendment by P.A. 102-982)
2 Sec. 5-5-3.2. Factors in aggravation and extended-term
3sentencing.
4 (a) The following factors shall be accorded weight in
5favor of imposing a term of imprisonment or may be considered
6by the court as reasons to impose a more severe sentence under
7Section 5-8-1 or Article 4.5 of Chapter V:
8 (1) the defendant's conduct caused or threatened
9 serious harm;
10 (2) the defendant received compensation for committing
11 the offense;
12 (3) the defendant has a history of prior delinquency
13 or criminal activity;
14 (4) the defendant, by the duties of his office or by
15 his position, was obliged to prevent the particular
16 offense committed or to bring the offenders committing it
17 to justice;
18 (5) the defendant held public office at the time of
19 the offense, and the offense related to the conduct of
20 that office;
21 (6) the defendant utilized his professional reputation
22 or position in the community to commit the offense, or to
23 afford him an easier means of committing it;
24 (7) the sentence is necessary to deter others from
25 committing the same crime;
26 (8) the defendant committed the offense against a

HB2458 Engrossed- 183 -LRB103 26118 RLC 52473 b
1 person 60 years of age or older or such person's property;
2 (9) the defendant committed the offense against a
3 person who has a physical disability or such person's
4 property;
5 (10) by reason of another individual's actual or
6 perceived race, color, creed, religion, ancestry, gender,
7 sexual orientation, physical or mental disability, or
8 national origin, the defendant committed the offense
9 against (i) the person or property of that individual;
10 (ii) the person or property of a person who has an
11 association with, is married to, or has a friendship with
12 the other individual; or (iii) the person or property of a
13 relative (by blood or marriage) of a person described in
14 clause (i) or (ii). For the purposes of this Section,
15 "sexual orientation" has the meaning ascribed to it in
16 paragraph (O-1) of Section 1-103 of the Illinois Human
17 Rights Act;
18 (11) the offense took place in a place of worship or on
19 the grounds of a place of worship, immediately prior to,
20 during or immediately following worship services. For
21 purposes of this subparagraph, "place of worship" shall
22 mean any church, synagogue or other building, structure or
23 place used primarily for religious worship;
24 (12) the defendant was convicted of a felony committed
25 while he was on pretrial release or his own recognizance
26 pending trial for a prior felony and was convicted of such

HB2458 Engrossed- 184 -LRB103 26118 RLC 52473 b
1 prior felony, or the defendant was convicted of a felony
2 committed while he was serving a period of probation,
3 conditional discharge, or mandatory supervised release
4 under subsection (d) of Section 5-8-1 for a prior felony;
5 (13) the defendant committed or attempted to commit a
6 felony while he was wearing a bulletproof vest. For the
7 purposes of this paragraph (13), a bulletproof vest is any
8 device which is designed for the purpose of protecting the
9 wearer from bullets, shot or other lethal projectiles;
10 (14) the defendant held a position of trust or
11 supervision such as, but not limited to, family member as
12 defined in Section 11-0.1 of the Criminal Code of 2012,
13 teacher, scout leader, baby sitter, or day care worker, in
14 relation to a victim under 18 years of age, and the
15 defendant committed an offense in violation of Section
16 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
17 11-14.4 except for an offense that involves keeping a
18 place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
19 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
20 or 12-16 of the Criminal Code of 1961 or the Criminal Code
21 of 2012 against that victim;
22 (15) the defendant committed an offense related to the
23 activities of an organized gang. For the purposes of this
24 factor, "organized gang" has the meaning ascribed to it in
25 Section 10 of the Streetgang Terrorism Omnibus Prevention
26 Act;

HB2458 Engrossed- 185 -LRB103 26118 RLC 52473 b
1 (16) the defendant committed an offense in violation
2 of one of the following Sections while in a school,
3 regardless of the time of day or time of year; on any
4 conveyance owned, leased, or contracted by a school to
5 transport students to or from school or a school related
6 activity; on the real property of a school; or on a public
7 way within 1,000 feet of the real property comprising any
8 school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
9 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
10 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
11 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
12 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
13 for subdivision (a)(4) or (g)(1), of the Criminal Code of
14 1961 or the Criminal Code of 2012;
15 (16.5) the defendant committed an offense in violation
16 of one of the following Sections while in a day care
17 center, regardless of the time of day or time of year; on
18 the real property of a day care center, regardless of the
19 time of day or time of year; or on a public way within
20 1,000 feet of the real property comprising any day care
21 center, regardless of the time of day or time of year:
22 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
23 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
24 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
25 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
26 18-2, or 33A-2, or Section 12-3.05 except for subdivision

HB2458 Engrossed- 186 -LRB103 26118 RLC 52473 b
1 (a)(4) or (g)(1), of the Criminal Code of 1961 or the
2 Criminal Code of 2012;
3 (17) the defendant committed the offense by reason of
4 any person's activity as a community policing volunteer or
5 to prevent any person from engaging in activity as a
6 community policing volunteer. For the purpose of this
7 Section, "community policing volunteer" has the meaning
8 ascribed to it in Section 2-3.5 of the Criminal Code of
9 2012;
10 (18) the defendant committed the offense in a nursing
11 home or on the real property comprising a nursing home.
12 For the purposes of this paragraph (18), "nursing home"
13 means a skilled nursing or intermediate long term care
14 facility that is subject to license by the Illinois
15 Department of Public Health under the Nursing Home Care
16 Act, the Specialized Mental Health Rehabilitation Act of
17 2013, the ID/DD Community Care Act, or the MC/DD Act;
18 (19) the defendant was a federally licensed firearm
19 dealer and was previously convicted of a violation of
20 subsection (a) of Section 3 of the Firearm Owners
21 Identification Card Act and has now committed either a
22 felony violation of the Firearm Owners Identification Card
23 Act or an act of armed violence while armed with a firearm;
24 (20) the defendant (i) committed the offense of
25 reckless homicide under Section 9-3 of the Criminal Code
26 of 1961 or the Criminal Code of 2012 or the offense of

HB2458 Engrossed- 187 -LRB103 26118 RLC 52473 b
1 driving under the influence of alcohol, other drug or
2 drugs, intoxicating compound or compounds or any
3 combination thereof under Section 11-501 of the Illinois
4 Vehicle Code or a similar provision of a local ordinance
5 and (ii) was operating a motor vehicle in excess of 20
6 miles per hour over the posted speed limit as provided in
7 Article VI of Chapter 11 of the Illinois Vehicle Code;
8 (21) the defendant (i) committed the offense of
9 reckless driving or aggravated reckless driving under
10 Section 11-503 of the Illinois Vehicle Code and (ii) was
11 operating a motor vehicle in excess of 20 miles per hour
12 over the posted speed limit as provided in Article VI of
13 Chapter 11 of the Illinois Vehicle Code;
14 (22) the defendant committed the offense against a
15 person that the defendant knew, or reasonably should have
16 known, was a member of the Armed Forces of the United
17 States serving on active duty. For purposes of this clause
18 (22), the term "Armed Forces" means any of the Armed
19 Forces of the United States, including a member of any
20 reserve component thereof or National Guard unit called to
21 active duty;
22 (23) the defendant committed the offense against a
23 person who was elderly or infirm or who was a person with a
24 disability by taking advantage of a family or fiduciary
25 relationship with the elderly or infirm person or person
26 with a disability;

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1 (24) the defendant committed any offense under Section
2 11-20.1 of the Criminal Code of 1961 or the Criminal Code
3 of 2012 and possessed 100 or more images;
4 (25) the defendant committed the offense while the
5 defendant or the victim was in a train, bus, or other
6 vehicle used for public transportation;
7 (26) the defendant committed the offense of child
8 sexual abuse material pornography or aggravated child
9 pornography, specifically including paragraph (1), (2),
10 (3), (4), (5), or (7) of subsection (a) of Section 11-20.1
11 of the Criminal Code of 1961 or the Criminal Code of 2012
12 where a child engaged in, solicited for, depicted in, or
13 posed in any act of sexual penetration or bound, fettered,
14 or subject to sadistic, masochistic, or sadomasochistic
15 abuse in a sexual context and specifically including
16 paragraph (1), (2), (3), (4), (5), or (7) of subsection
17 (a) of Section 11-20.1B or Section 11-20.3 of the Criminal
18 Code of 1961 where a child engaged in, solicited for,
19 depicted in, or posed in any act of sexual penetration or
20 bound, fettered, or subject to sadistic, masochistic, or
21 sadomasochistic abuse in a sexual context;
22 (27) the defendant committed the offense of first
23 degree murder, assault, aggravated assault, battery,
24 aggravated battery, robbery, armed robbery, or aggravated
25 robbery against a person who was a veteran and the
26 defendant knew, or reasonably should have known, that the

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1 person was a veteran performing duties as a representative
2 of a veterans' organization. For the purposes of this
3 paragraph (27), "veteran" means an Illinois resident who
4 has served as a member of the United States Armed Forces, a
5 member of the Illinois National Guard, or a member of the
6 United States Reserve Forces; and "veterans' organization"
7 means an organization comprised of members of which
8 substantially all are individuals who are veterans or
9 spouses, widows, or widowers of veterans, the primary
10 purpose of which is to promote the welfare of its members
11 and to provide assistance to the general public in such a
12 way as to confer a public benefit;
13 (28) the defendant committed the offense of assault,
14 aggravated assault, battery, aggravated battery, robbery,
15 armed robbery, or aggravated robbery against a person that
16 the defendant knew or reasonably should have known was a
17 letter carrier or postal worker while that person was
18 performing his or her duties delivering mail for the
19 United States Postal Service;
20 (29) the defendant committed the offense of criminal
21 sexual assault, aggravated criminal sexual assault,
22 criminal sexual abuse, or aggravated criminal sexual abuse
23 against a victim with an intellectual disability, and the
24 defendant holds a position of trust, authority, or
25 supervision in relation to the victim;
26 (30) the defendant committed the offense of promoting

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1 juvenile prostitution, patronizing a prostitute, or
2 patronizing a minor engaged in prostitution and at the
3 time of the commission of the offense knew that the
4 prostitute or minor engaged in prostitution was in the
5 custody or guardianship of the Department of Children and
6 Family Services;
7 (31) the defendant (i) committed the offense of
8 driving while under the influence of alcohol, other drug
9 or drugs, intoxicating compound or compounds or any
10 combination thereof in violation of Section 11-501 of the
11 Illinois Vehicle Code or a similar provision of a local
12 ordinance and (ii) the defendant during the commission of
13 the offense was driving his or her vehicle upon a roadway
14 designated for one-way traffic in the opposite direction
15 of the direction indicated by official traffic control
16 devices;
17 (32) the defendant committed the offense of reckless
18 homicide while committing a violation of Section 11-907 of
19 the Illinois Vehicle Code;
20 (33) the defendant was found guilty of an
21 administrative infraction related to an act or acts of
22 public indecency or sexual misconduct in the penal
23 institution. In this paragraph (33), "penal institution"
24 has the same meaning as in Section 2-14 of the Criminal
25 Code of 2012; or
26 (34) the defendant committed the offense of leaving

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1 the scene of a crash in violation of subsection (b) of
2 Section 11-401 of the Illinois Vehicle Code and the crash
3 resulted in the death of a person and at the time of the
4 offense, the defendant was: (i) driving under the
5 influence of alcohol, other drug or drugs, intoxicating
6 compound or compounds or any combination thereof as
7 defined by Section 11-501 of the Illinois Vehicle Code; or
8 (ii) operating the motor vehicle while using an electronic
9 communication device as defined in Section 12-610.2 of the
10 Illinois Vehicle Code.
11 For the purposes of this Section:
12 "School" is defined as a public or private elementary or
13secondary school, community college, college, or university.
14 "Day care center" means a public or private State
15certified and licensed day care center as defined in Section
162.09 of the Child Care Act of 1969 that displays a sign in
17plain view stating that the property is a day care center.
18 "Intellectual disability" means significantly subaverage
19intellectual functioning which exists concurrently with
20impairment in adaptive behavior.
21 "Public transportation" means the transportation or
22conveyance of persons by means available to the general
23public, and includes paratransit services.
24 "Traffic control devices" means all signs, signals,
25markings, and devices that conform to the Illinois Manual on
26Uniform Traffic Control Devices, placed or erected by

HB2458 Engrossed- 192 -LRB103 26118 RLC 52473 b
1authority of a public body or official having jurisdiction,
2for the purpose of regulating, warning, or guiding traffic.
3 (b) The following factors, related to all felonies, may be
4considered by the court as reasons to impose an extended term
5sentence under Section 5-8-2 upon any offender:
6 (1) When a defendant is convicted of any felony, after
7 having been previously convicted in Illinois or any other
8 jurisdiction of the same or similar class felony or
9 greater class felony, when such conviction has occurred
10 within 10 years after the previous conviction, excluding
11 time spent in custody, and such charges are separately
12 brought and tried and arise out of different series of
13 acts; or
14 (2) When a defendant is convicted of any felony and
15 the court finds that the offense was accompanied by
16 exceptionally brutal or heinous behavior indicative of
17 wanton cruelty; or
18 (3) When a defendant is convicted of any felony
19 committed against:
20 (i) a person under 12 years of age at the time of
21 the offense or such person's property;
22 (ii) a person 60 years of age or older at the time
23 of the offense or such person's property; or
24 (iii) a person who had a physical disability at
25 the time of the offense or such person's property; or
26 (4) When a defendant is convicted of any felony and

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1 the offense involved any of the following types of
2 specific misconduct committed as part of a ceremony, rite,
3 initiation, observance, performance, practice or activity
4 of any actual or ostensible religious, fraternal, or
5 social group:
6 (i) the brutalizing or torturing of humans or
7 animals;
8 (ii) the theft of human corpses;
9 (iii) the kidnapping of humans;
10 (iv) the desecration of any cemetery, religious,
11 fraternal, business, governmental, educational, or
12 other building or property; or
13 (v) ritualized abuse of a child; or
14 (5) When a defendant is convicted of a felony other
15 than conspiracy and the court finds that the felony was
16 committed under an agreement with 2 or more other persons
17 to commit that offense and the defendant, with respect to
18 the other individuals, occupied a position of organizer,
19 supervisor, financier, or any other position of management
20 or leadership, and the court further finds that the felony
21 committed was related to or in furtherance of the criminal
22 activities of an organized gang or was motivated by the
23 defendant's leadership in an organized gang; or
24 (6) When a defendant is convicted of an offense
25 committed while using a firearm with a laser sight
26 attached to it. For purposes of this paragraph, "laser

HB2458 Engrossed- 194 -LRB103 26118 RLC 52473 b
1 sight" has the meaning ascribed to it in Section 26-7 of
2 the Criminal Code of 2012; or
3 (7) When a defendant who was at least 17 years of age
4 at the time of the commission of the offense is convicted
5 of a felony and has been previously adjudicated a
6 delinquent minor under the Juvenile Court Act of 1987 for
7 an act that if committed by an adult would be a Class X or
8 Class 1 felony when the conviction has occurred within 10
9 years after the previous adjudication, excluding time
10 spent in custody; or
11 (8) When a defendant commits any felony and the
12 defendant used, possessed, exercised control over, or
13 otherwise directed an animal to assault a law enforcement
14 officer engaged in the execution of his or her official
15 duties or in furtherance of the criminal activities of an
16 organized gang in which the defendant is engaged; or
17 (9) When a defendant commits any felony and the
18 defendant knowingly video or audio records the offense
19 with the intent to disseminate the recording.
20 (c) The following factors may be considered by the court
21as reasons to impose an extended term sentence under Section
225-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
23offenses:
24 (1) When a defendant is convicted of first degree
25 murder, after having been previously convicted in Illinois
26 of any offense listed under paragraph (c)(2) of Section

HB2458 Engrossed- 195 -LRB103 26118 RLC 52473 b
1 5-5-3 (730 ILCS 5/5-5-3), when that conviction has
2 occurred within 10 years after the previous conviction,
3 excluding time spent in custody, and the charges are
4 separately brought and tried and arise out of different
5 series of acts.
6 (1.5) When a defendant is convicted of first degree
7 murder, after having been previously convicted of domestic
8 battery (720 ILCS 5/12-3.2) or aggravated domestic battery
9 (720 ILCS 5/12-3.3) committed on the same victim or after
10 having been previously convicted of violation of an order
11 of protection (720 ILCS 5/12-30) in which the same victim
12 was the protected person.
13 (2) When a defendant is convicted of voluntary
14 manslaughter, second degree murder, involuntary
15 manslaughter, or reckless homicide in which the defendant
16 has been convicted of causing the death of more than one
17 individual.
18 (3) When a defendant is convicted of aggravated
19 criminal sexual assault or criminal sexual assault, when
20 there is a finding that aggravated criminal sexual assault
21 or criminal sexual assault was also committed on the same
22 victim by one or more other individuals, and the defendant
23 voluntarily participated in the crime with the knowledge
24 of the participation of the others in the crime, and the
25 commission of the crime was part of a single course of
26 conduct during which there was no substantial change in

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1 the nature of the criminal objective.
2 (4) If the victim was under 18 years of age at the time
3 of the commission of the offense, when a defendant is
4 convicted of aggravated criminal sexual assault or
5 predatory criminal sexual assault of a child under
6 subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
7 of Section 12-14.1 of the Criminal Code of 1961 or the
8 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
9 (5) When a defendant is convicted of a felony
10 violation of Section 24-1 of the Criminal Code of 1961 or
11 the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
12 finding that the defendant is a member of an organized
13 gang.
14 (6) When a defendant was convicted of unlawful use of
15 weapons under Section 24-1 of the Criminal Code of 1961 or
16 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
17 a weapon that is not readily distinguishable as one of the
18 weapons enumerated in Section 24-1 of the Criminal Code of
19 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
20 (7) When a defendant is convicted of an offense
21 involving the illegal manufacture of a controlled
22 substance under Section 401 of the Illinois Controlled
23 Substances Act (720 ILCS 570/401), the illegal manufacture
24 of methamphetamine under Section 25 of the Methamphetamine
25 Control and Community Protection Act (720 ILCS 646/25), or
26 the illegal possession of explosives and an emergency

HB2458 Engrossed- 197 -LRB103 26118 RLC 52473 b
1 response officer in the performance of his or her duties
2 is killed or injured at the scene of the offense while
3 responding to the emergency caused by the commission of
4 the offense. In this paragraph, "emergency" means a
5 situation in which a person's life, health, or safety is
6 in jeopardy; and "emergency response officer" means a
7 peace officer, community policing volunteer, fireman,
8 emergency medical technician-ambulance, emergency medical
9 technician-intermediate, emergency medical
10 technician-paramedic, ambulance driver, other medical
11 assistance or first aid personnel, or hospital emergency
12 room personnel.
13 (8) When the defendant is convicted of attempted mob
14 action, solicitation to commit mob action, or conspiracy
15 to commit mob action under Section 8-1, 8-2, or 8-4 of the
16 Criminal Code of 2012, where the criminal object is a
17 violation of Section 25-1 of the Criminal Code of 2012,
18 and an electronic communication is used in the commission
19 of the offense. For the purposes of this paragraph (8),
20 "electronic communication" shall have the meaning provided
21 in Section 26.5-0.1 of the Criminal Code of 2012.
22 (d) For the purposes of this Section, "organized gang" has
23the meaning ascribed to it in Section 10 of the Illinois
24Streetgang Terrorism Omnibus Prevention Act.
25 (e) The court may impose an extended term sentence under
26Article 4.5 of Chapter V upon an offender who has been

HB2458 Engrossed- 198 -LRB103 26118 RLC 52473 b
1convicted of a felony violation of Section 11-1.20, 11-1.30,
211-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
312-16 of the Criminal Code of 1961 or the Criminal Code of 2012
4when the victim of the offense is under 18 years of age at the
5time of the commission of the offense and, during the
6commission of the offense, the victim was under the influence
7of alcohol, regardless of whether or not the alcohol was
8supplied by the offender; and the offender, at the time of the
9commission of the offense, knew or should have known that the
10victim had consumed alcohol.
11(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
12101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
138-20-21; 102-982, eff. 7-1-23.)
14 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
15 Sec. 5-8-1. Natural life imprisonment; enhancements for
16use of a firearm; mandatory supervised release terms.
17 (a) Except as otherwise provided in the statute defining
18the offense or in Article 4.5 of Chapter V, a sentence of
19imprisonment for a felony shall be a determinate sentence set
20by the court under this Section, subject to Section 5-4.5-115
21of this Code, according to the following limitations:
22 (1) for first degree murder,
23 (a) (blank),
24 (b) if a trier of fact finds beyond a reasonable
25 doubt that the murder was accompanied by exceptionally

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1 brutal or heinous behavior indicative of wanton
2 cruelty or, except as set forth in subsection
3 (a)(1)(c) of this Section, that any of the aggravating
4 factors listed in subsection (b) or (b-5) of Section
5 9-1 of the Criminal Code of 1961 or the Criminal Code
6 of 2012 are present, the court may sentence the
7 defendant, subject to Section 5-4.5-105, to a term of
8 natural life imprisonment, or
9 (c) the court shall sentence the defendant to a
10 term of natural life imprisonment if the defendant, at
11 the time of the commission of the murder, had attained
12 the age of 18, and:
13 (i) has previously been convicted of first
14 degree murder under any state or federal law, or
15 (ii) is found guilty of murdering more than
16 one victim, or
17 (iii) is found guilty of murdering a peace
18 officer, fireman, or emergency management worker
19 when the peace officer, fireman, or emergency
20 management worker was killed in the course of
21 performing his official duties, or to prevent the
22 peace officer or fireman from performing his
23 official duties, or in retaliation for the peace
24 officer, fireman, or emergency management worker
25 from performing his official duties, and the
26 defendant knew or should have known that the

HB2458 Engrossed- 200 -LRB103 26118 RLC 52473 b
1 murdered individual was a peace officer, fireman,
2 or emergency management worker, or
3 (iv) is found guilty of murdering an employee
4 of an institution or facility of the Department of
5 Corrections, or any similar local correctional
6 agency, when the employee was killed in the course
7 of performing his official duties, or to prevent
8 the employee from performing his official duties,
9 or in retaliation for the employee performing his
10 official duties, or
11 (v) is found guilty of murdering an emergency
12 medical technician - ambulance, emergency medical
13 technician - intermediate, emergency medical
14 technician - paramedic, ambulance driver or other
15 medical assistance or first aid person while
16 employed by a municipality or other governmental
17 unit when the person was killed in the course of
18 performing official duties or to prevent the
19 person from performing official duties or in
20 retaliation for performing official duties and the
21 defendant knew or should have known that the
22 murdered individual was an emergency medical
23 technician - ambulance, emergency medical
24 technician - intermediate, emergency medical
25 technician - paramedic, ambulance driver, or other
26 medical assistant or first aid personnel, or

HB2458 Engrossed- 201 -LRB103 26118 RLC 52473 b
1 (vi) (blank), or
2 (vii) is found guilty of first degree murder
3 and the murder was committed by reason of any
4 person's activity as a community policing
5 volunteer or to prevent any person from engaging
6 in activity as a community policing volunteer. For
7 the purpose of this Section, "community policing
8 volunteer" has the meaning ascribed to it in
9 Section 2-3.5 of the Criminal Code of 2012.
10 For purposes of clause (v), "emergency medical
11 technician - ambulance", "emergency medical technician -
12 intermediate", "emergency medical technician -
13 paramedic", have the meanings ascribed to them in the
14 Emergency Medical Services (EMS) Systems Act.
15 (d)(i) if the person committed the offense while
16 armed with a firearm, 15 years shall be added to
17 the term of imprisonment imposed by the court;
18 (ii) if, during the commission of the offense, the
19 person personally discharged a firearm, 20 years shall
20 be added to the term of imprisonment imposed by the
21 court;
22 (iii) if, during the commission of the offense,
23 the person personally discharged a firearm that
24 proximately caused great bodily harm, permanent
25 disability, permanent disfigurement, or death to
26 another person, 25 years or up to a term of natural

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1 life shall be added to the term of imprisonment
2 imposed by the court.
3 (2) (blank);
4 (2.5) for a person who has attained the age of 18 years
5 at the time of the commission of the offense and who is
6 convicted under the circumstances described in subdivision
7 (b)(1)(B) of Section 11-1.20 or paragraph (3) of
8 subsection (b) of Section 12-13, subdivision (d)(2) of
9 Section 11-1.30 or paragraph (2) of subsection (d) of
10 Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
11 paragraph (1.2) of subsection (b) of Section 12-14.1,
12 subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
13 subsection (b) of Section 12-14.1 of the Criminal Code of
14 1961 or the Criminal Code of 2012, the sentence shall be a
15 term of natural life imprisonment.
16 (b) (Blank).
17 (c) (Blank).
18 (d) Subject to earlier termination under Section 3-3-8,
19the parole or mandatory supervised release term shall be
20written as part of the sentencing order and shall be as
21follows:
22 (1) for first degree murder or for the offenses of
23 predatory criminal sexual assault of a child, aggravated
24 criminal sexual assault, and criminal sexual assault if
25 committed on or before December 12, 2005, 3 years;
26 (1.5) except as provided in paragraph (7) of this

HB2458 Engrossed- 203 -LRB103 26118 RLC 52473 b
1 subsection (d), for a Class X felony except for the
2 offenses of predatory criminal sexual assault of a child,
3 aggravated criminal sexual assault, and criminal sexual
4 assault if committed on or after December 13, 2005 (the
5 effective date of Public Act 94-715) and except for the
6 offense of aggravated child pornography under Section
7 11-20.1B, 11-20.3, or 11-20.1 with sentencing under
8 subsection (c-5) of Section 11-20.1 of the Criminal Code
9 of 1961 or the Criminal Code of 2012, if committed on or
10 after January 1, 2009, 18 months;
11 (2) except as provided in paragraph (7) of this
12 subsection (d), for a Class 1 felony or a Class 2 felony
13 except for the offense of criminal sexual assault if
14 committed on or after December 13, 2005 (the effective
15 date of Public Act 94-715) and except for the offenses of
16 manufacture and dissemination of child sexual abuse
17 material pornography under clauses (a)(1) and (a)(2) of
18 Section 11-20.1 of the Criminal Code of 1961 or the
19 Criminal Code of 2012, if committed on or after January 1,
20 2009, 12 months;
21 (3) except as provided in paragraph (4), (6), or (7)
22 of this subsection (d), for a Class 3 felony or a Class 4
23 felony, 6 months; no later than 45 days after the onset of
24 the term of mandatory supervised release, the Prisoner
25 Review Board shall conduct a discretionary discharge
26 review pursuant to the provisions of Section 3-3-8, which

HB2458 Engrossed- 204 -LRB103 26118 RLC 52473 b
1 shall include the results of a standardized risk and needs
2 assessment tool administered by the Department of
3 Corrections; the changes to this paragraph (3) made by
4 this amendatory Act of the 102nd General Assembly apply to
5 all individuals released on mandatory supervised release
6 on or after the effective date of this amendatory Act of
7 the 102nd General Assembly, including those individuals
8 whose sentences were imposed prior to the effective date
9 of this amendatory Act of the 102nd General Assembly;
10 (4) for defendants who commit the offense of predatory
11 criminal sexual assault of a child, aggravated criminal
12 sexual assault, or criminal sexual assault, on or after
13 December 13, 2005 (the effective date of Public Act
14 94-715), or who commit the offense of aggravated child
15 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
16 with sentencing under subsection (c-5) of Section 11-20.1
17 of the Criminal Code of 1961 or the Criminal Code of 2012,
18 manufacture of child sexual abuse material pornography, or
19 dissemination of child sexual abuse material pornography
20 after January 1, 2009, the term of mandatory supervised
21 release shall range from a minimum of 3 years to a maximum
22 of the natural life of the defendant;
23 (5) if the victim is under 18 years of age, for a
24 second or subsequent offense of aggravated criminal sexual
25 abuse or felony criminal sexual abuse, 4 years, at least
26 the first 2 years of which the defendant shall serve in an

HB2458 Engrossed- 205 -LRB103 26118 RLC 52473 b
1 electronic monitoring or home detention program under
2 Article 8A of Chapter V of this Code;
3 (6) for a felony domestic battery, aggravated domestic
4 battery, stalking, aggravated stalking, and a felony
5 violation of an order of protection, 4 years;
6 (7) for any felony described in paragraph (a)(2)(ii),
7 (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
8 (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
9 3-6-3 of the Unified Code of Corrections requiring an
10 inmate to serve a minimum of 85% of their court-imposed
11 sentence, except for the offenses of predatory criminal
12 sexual assault of a child, aggravated criminal sexual
13 assault, and criminal sexual assault if committed on or
14 after December 13, 2005 (the effective date of Public Act
15 94-715) and except for the offense of aggravated child
16 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
17 with sentencing under subsection (c-5) of Section 11-20.1
18 of the Criminal Code of 1961 or the Criminal Code of 2012,
19 if committed on or after January 1, 2009 and except as
20 provided in paragraph (4) or paragraph (6) of this
21 subsection (d), the term of mandatory supervised release
22 shall be as follows:
23 (A) Class X felony, 3 years;
24 (B) Class 1 or Class 2 felonies, 2 years;
25 (C) Class 3 or Class 4 felonies, 1 year.
26 (e) (Blank).

HB2458 Engrossed- 206 -LRB103 26118 RLC 52473 b
1 (f) (Blank).
2 (g) Notwithstanding any other provisions of this Act and
3of Public Act 101-652: (i) the provisions of paragraph (3) of
4subsection (d) are effective on July 1, 2022 and shall apply to
5all individuals convicted on or after the effective date of
6paragraph (3) of subsection (d); and (ii) the provisions of
7paragraphs (1.5) and (2) of subsection (d) are effective on
8July 1, 2021 and shall apply to all individuals convicted on or
9after the effective date of paragraphs (1.5) and (2) of
10subsection (d).
11(Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21;
12102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff.
131-7-22; 102-1104, eff. 12-6-22.)
14 (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
15 (Text of Section before amendment by P.A. 102-982)
16 Sec. 5-8-4. Concurrent and consecutive terms of
17imprisonment.
18 (a) Concurrent terms; multiple or additional sentences.
19When an Illinois court (i) imposes multiple sentences of
20imprisonment on a defendant at the same time or (ii) imposes a
21sentence of imprisonment on a defendant who is already subject
22to a sentence of imprisonment imposed by an Illinois court, a
23court of another state, or a federal court, then the sentences
24shall run concurrently unless otherwise determined by the
25Illinois court under this Section.

HB2458 Engrossed- 207 -LRB103 26118 RLC 52473 b
1 (b) Concurrent terms; misdemeanor and felony. A defendant
2serving a sentence for a misdemeanor who is convicted of a
3felony and sentenced to imprisonment shall be transferred to
4the Department of Corrections, and the misdemeanor sentence
5shall be merged in and run concurrently with the felony
6sentence.
7 (c) Consecutive terms; permissive. The court may impose
8consecutive sentences in any of the following circumstances:
9 (1) If, having regard to the nature and circumstances
10 of the offense and the history and character of the
11 defendant, it is the opinion of the court that consecutive
12 sentences are required to protect the public from further
13 criminal conduct by the defendant, the basis for which the
14 court shall set forth in the record.
15 (2) If one of the offenses for which a defendant was
16 convicted was a violation of Section 32-5.2 (aggravated
17 false personation of a peace officer) of the Criminal Code
18 of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
19 (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
20 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
21 offense was committed in attempting or committing a
22 forcible felony.
23 (3) If a person charged with a felony commits a
24 separate felony while on pretrial release or in pretrial
25 detention in a county jail facility or county detention
26 facility, then the sentences imposed upon conviction of

HB2458 Engrossed- 208 -LRB103 26118 RLC 52473 b
1 these felonies may be served consecutively regardless of
2 the order in which the judgments of conviction are
3 entered.
4 (4) If a person commits a battery against a county
5 correctional officer or sheriff's employee while serving a
6 sentence or in pretrial detention in a county jail
7 facility, then the sentence imposed upon conviction of the
8 battery may be served consecutively with the sentence
9 imposed upon conviction of the earlier misdemeanor or
10 felony, regardless of the order in which the judgments of
11 conviction are entered.
12 (5) If a person admitted to pretrial release following
13 conviction of a felony commits a separate felony while
14 released pretrial or if a person detained in a county jail
15 facility or county detention facility following conviction
16 of a felony commits a separate felony while in detention,
17 then any sentence following conviction of the separate
18 felony may be consecutive to that of the original sentence
19 for which the defendant was released pretrial or detained.
20 (6) If a person is found to be in possession of an item
21 of contraband, as defined in Section 31A-0.1 of the
22 Criminal Code of 2012, while serving a sentence in a
23 county jail or while in pretrial detention in a county
24 jail, the sentence imposed upon conviction for the offense
25 of possessing contraband in a penal institution may be
26 served consecutively to the sentence imposed for the

HB2458 Engrossed- 209 -LRB103 26118 RLC 52473 b
1 offense for which the person is serving a sentence in the
2 county jail or while in pretrial detention, regardless of
3 the order in which the judgments of conviction are
4 entered.
5 (7) If a person is sentenced for a violation of a
6 condition of pretrial release under Section 32-10 of the
7 Criminal Code of 1961 or the Criminal Code of 2012, any
8 sentence imposed for that violation may be served
9 consecutive to the sentence imposed for the charge for
10 which pretrial release had been granted and with respect
11 to which the defendant has been convicted.
12 (d) Consecutive terms; mandatory. The court shall impose
13consecutive sentences in each of the following circumstances:
14 (1) One of the offenses for which the defendant was
15 convicted was first degree murder or a Class X or Class 1
16 felony and the defendant inflicted severe bodily injury.
17 (2) The defendant was convicted of a violation of
18 Section 11-1.20 or 12-13 (criminal sexual assault),
19 11-1.30 or 12-14 (aggravated criminal sexual assault), or
20 11-1.40 or 12-14.1 (predatory criminal sexual assault of a
21 child) of the Criminal Code of 1961 or the Criminal Code of
22 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
23 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
24 5/12-14.1).
25 (2.5) The defendant was convicted of a violation of
26 paragraph (1), (2), (3), (4), (5), or (7) of subsection

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1 (a) of Section 11-20.1 (child pornography) or of paragraph
2 (1), (2), (3), (4), (5), or (7) of subsection (a) of
3 Section 11-20.1B or 11-20.3 (aggravated child pornography)
4 of the Criminal Code of 1961 or the Criminal Code of 2012;
5 or the defendant was convicted of a violation of paragraph
6 (6) of subsection (a) of Section 11-20.1 (child
7 pornography) or of paragraph (6) of subsection (a) of
8 Section 11-20.1B or 11-20.3 (aggravated child pornography)
9 of the Criminal Code of 1961 or the Criminal Code of 2012,
10 when the child depicted is under the age of 13.
11 (3) The defendant was convicted of armed violence
12 based upon the predicate offense of any of the following:
13 solicitation of murder, solicitation of murder for hire,
14 heinous battery as described in Section 12-4.1 or
15 subdivision (a)(2) of Section 12-3.05, aggravated battery
16 of a senior citizen as described in Section 12-4.6 or
17 subdivision (a)(4) of Section 12-3.05, criminal sexual
18 assault, a violation of subsection (g) of Section 5 of the
19 Cannabis Control Act (720 ILCS 550/5), cannabis
20 trafficking, a violation of subsection (a) of Section 401
21 of the Illinois Controlled Substances Act (720 ILCS
22 570/401), controlled substance trafficking involving a
23 Class X felony amount of controlled substance under
24 Section 401 of the Illinois Controlled Substances Act (720
25 ILCS 570/401), a violation of the Methamphetamine Control
26 and Community Protection Act (720 ILCS 646/), calculated

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1 criminal drug conspiracy, or streetgang criminal drug
2 conspiracy.
3 (4) The defendant was convicted of the offense of
4 leaving the scene of a motor vehicle accident involving
5 death or personal injuries under Section 11-401 of the
6 Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
7 aggravated driving under the influence of alcohol, other
8 drug or drugs, or intoxicating compound or compounds, or
9 any combination thereof under Section 11-501 of the
10 Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
11 homicide under Section 9-3 of the Criminal Code of 1961 or
12 the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
13 offense described in item (A) and an offense described in
14 item (B).
15 (5) The defendant was convicted of a violation of
16 Section 9-3.1 or Section 9-3.4 (concealment of homicidal
17 death) or Section 12-20.5 (dismembering a human body) of
18 the Criminal Code of 1961 or the Criminal Code of 2012 (720
19 ILCS 5/9-3.1 or 5/12-20.5).
20 (5.5) The defendant was convicted of a violation of
21 Section 24-3.7 (use of a stolen firearm in the commission
22 of an offense) of the Criminal Code of 1961 or the Criminal
23 Code of 2012.
24 (6) If the defendant was in the custody of the
25 Department of Corrections at the time of the commission of
26 the offense, the sentence shall be served consecutive to

HB2458 Engrossed- 212 -LRB103 26118 RLC 52473 b
1 the sentence under which the defendant is held by the
2 Department of Corrections.
3 (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
4 for escape or attempted escape shall be served consecutive
5 to the terms under which the offender is held by the
6 Department of Corrections.
7 (8) (Blank).
8 (8.5) (Blank).
9 (9) (Blank).
10 (10) (Blank).
11 (11) (Blank).
12 (e) Consecutive terms; subsequent non-Illinois term. If an
13Illinois court has imposed a sentence of imprisonment on a
14defendant and the defendant is subsequently sentenced to a
15term of imprisonment by a court of another state or a federal
16court, then the Illinois sentence shall run consecutively to
17the sentence imposed by the court of the other state or the
18federal court. That same Illinois court, however, may order
19that the Illinois sentence run concurrently with the sentence
20imposed by the court of the other state or the federal court,
21but only if the defendant applies to that same Illinois court
22within 30 days after the sentence imposed by the court of the
23other state or the federal court is finalized.
24 (f) Consecutive terms; aggregate maximums and minimums.
25The aggregate maximum and aggregate minimum of consecutive
26sentences shall be determined as follows:

HB2458 Engrossed- 213 -LRB103 26118 RLC 52473 b
1 (1) For sentences imposed under law in effect prior to
2 February 1, 1978, the aggregate maximum of consecutive
3 sentences shall not exceed the maximum term authorized
4 under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
5 Chapter V for the 2 most serious felonies involved. The
6 aggregate minimum period of consecutive sentences shall
7 not exceed the highest minimum term authorized under
8 Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
9 V for the 2 most serious felonies involved. When sentenced
10 only for misdemeanors, a defendant shall not be
11 consecutively sentenced to more than the maximum for one
12 Class A misdemeanor.
13 (2) For sentences imposed under the law in effect on
14 or after February 1, 1978, the aggregate of consecutive
15 sentences for offenses that were committed as part of a
16 single course of conduct during which there was no
17 substantial change in the nature of the criminal objective
18 shall not exceed the sum of the maximum terms authorized
19 under Article 4.5 of Chapter V for the 2 most serious
20 felonies involved, but no such limitation shall apply for
21 offenses that were not committed as part of a single
22 course of conduct during which there was no substantial
23 change in the nature of the criminal objective. When
24 sentenced only for misdemeanors, a defendant shall not be
25 consecutively sentenced to more than the maximum for one
26 Class A misdemeanor.

HB2458 Engrossed- 214 -LRB103 26118 RLC 52473 b
1 (g) Consecutive terms; manner served. In determining the
2manner in which consecutive sentences of imprisonment, one or
3more of which is for a felony, will be served, the Department
4of Corrections shall treat the defendant as though he or she
5had been committed for a single term subject to each of the
6following:
7 (1) The maximum period of a term of imprisonment shall
8 consist of the aggregate of the maximums of the imposed
9 indeterminate terms, if any, plus the aggregate of the
10 imposed determinate sentences for felonies, plus the
11 aggregate of the imposed determinate sentences for
12 misdemeanors, subject to subsection (f) of this Section.
13 (2) The parole or mandatory supervised release term
14 shall be as provided in paragraph (e) of Section 5-4.5-50
15 (730 ILCS 5/5-4.5-50) for the most serious of the offenses
16 involved.
17 (3) The minimum period of imprisonment shall be the
18 aggregate of the minimum and determinate periods of
19 imprisonment imposed by the court, subject to subsection
20 (f) of this Section.
21 (4) The defendant shall be awarded credit against the
22 aggregate maximum term and the aggregate minimum term of
23 imprisonment for all time served in an institution since
24 the commission of the offense or offenses and as a
25 consequence thereof at the rate specified in Section 3-6-3
26 (730 ILCS 5/3-6-3).

HB2458 Engrossed- 215 -LRB103 26118 RLC 52473 b
1 (h) Notwithstanding any other provisions of this Section,
2all sentences imposed by an Illinois court under this Code
3shall run concurrent to any and all sentences imposed under
4the Juvenile Court Act of 1987.
5(Source: P.A. 102-350, eff. 8-13-21; 102-1104, eff. 12-6-22.)
6 (Text of Section after amendment by P.A. 102-982)
7 Sec. 5-8-4. Concurrent and consecutive terms of
8imprisonment.
9 (a) Concurrent terms; multiple or additional sentences.
10When an Illinois court (i) imposes multiple sentences of
11imprisonment on a defendant at the same time or (ii) imposes a
12sentence of imprisonment on a defendant who is already subject
13to a sentence of imprisonment imposed by an Illinois court, a
14court of another state, or a federal court, then the sentences
15shall run concurrently unless otherwise determined by the
16Illinois court under this Section.
17 (b) Concurrent terms; misdemeanor and felony. A defendant
18serving a sentence for a misdemeanor who is convicted of a
19felony and sentenced to imprisonment shall be transferred to
20the Department of Corrections, and the misdemeanor sentence
21shall be merged in and run concurrently with the felony
22sentence.
23 (c) Consecutive terms; permissive. The court may impose
24consecutive sentences in any of the following circumstances:
25 (1) If, having regard to the nature and circumstances

HB2458 Engrossed- 216 -LRB103 26118 RLC 52473 b
1 of the offense and the history and character of the
2 defendant, it is the opinion of the court that consecutive
3 sentences are required to protect the public from further
4 criminal conduct by the defendant, the basis for which the
5 court shall set forth in the record.
6 (2) If one of the offenses for which a defendant was
7 convicted was a violation of Section 32-5.2 (aggravated
8 false personation of a peace officer) of the Criminal Code
9 of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
10 (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
11 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
12 offense was committed in attempting or committing a
13 forcible felony.
14 (3) If a person charged with a felony commits a
15 separate felony while on pretrial release or in pretrial
16 detention in a county jail facility or county detention
17 facility, then the sentences imposed upon conviction of
18 these felonies may be served consecutively regardless of
19 the order in which the judgments of conviction are
20 entered.
21 (4) If a person commits a battery against a county
22 correctional officer or sheriff's employee while serving a
23 sentence or in pretrial detention in a county jail
24 facility, then the sentence imposed upon conviction of the
25 battery may be served consecutively with the sentence
26 imposed upon conviction of the earlier misdemeanor or

HB2458 Engrossed- 217 -LRB103 26118 RLC 52473 b
1 felony, regardless of the order in which the judgments of
2 conviction are entered.
3 (5) If a person admitted to pretrial release following
4 conviction of a felony commits a separate felony while
5 released pretrial or if a person detained in a county jail
6 facility or county detention facility following conviction
7 of a felony commits a separate felony while in detention,
8 then any sentence following conviction of the separate
9 felony may be consecutive to that of the original sentence
10 for which the defendant was released pretrial or detained.
11 (6) If a person is found to be in possession of an item
12 of contraband, as defined in Section 31A-0.1 of the
13 Criminal Code of 2012, while serving a sentence in a
14 county jail or while in pretrial detention in a county
15 jail, the sentence imposed upon conviction for the offense
16 of possessing contraband in a penal institution may be
17 served consecutively to the sentence imposed for the
18 offense for which the person is serving a sentence in the
19 county jail or while in pretrial detention, regardless of
20 the order in which the judgments of conviction are
21 entered.
22 (7) If a person is sentenced for a violation of a
23 condition of pretrial release under Section 32-10 of the
24 Criminal Code of 1961 or the Criminal Code of 2012, any
25 sentence imposed for that violation may be served
26 consecutive to the sentence imposed for the charge for

HB2458 Engrossed- 218 -LRB103 26118 RLC 52473 b
1 which pretrial release had been granted and with respect
2 to which the defendant has been convicted.
3 (d) Consecutive terms; mandatory. The court shall impose
4consecutive sentences in each of the following circumstances:
5 (1) One of the offenses for which the defendant was
6 convicted was first degree murder or a Class X or Class 1
7 felony and the defendant inflicted severe bodily injury.
8 (2) The defendant was convicted of a violation of
9 Section 11-1.20 or 12-13 (criminal sexual assault),
10 11-1.30 or 12-14 (aggravated criminal sexual assault), or
11 11-1.40 or 12-14.1 (predatory criminal sexual assault of a
12 child) of the Criminal Code of 1961 or the Criminal Code of
13 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
14 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
15 5/12-14.1).
16 (2.5) The defendant was convicted of a violation of
17 paragraph (1), (2), (3), (4), (5), or (7) of subsection
18 (a) of Section 11-20.1 (child sexual abuse material
19 pornography) or of paragraph (1), (2), (3), (4), (5), or
20 (7) of subsection (a) of Section 11-20.1B or 11-20.3
21 (aggravated child pornography) of the Criminal Code of
22 1961 or the Criminal Code of 2012; or the defendant was
23 convicted of a violation of paragraph (6) of subsection
24 (a) of Section 11-20.1 (child sexual abuse material
25 pornography) or of paragraph (6) of subsection (a) of
26 Section 11-20.1B or 11-20.3 (aggravated child pornography)

HB2458 Engrossed- 219 -LRB103 26118 RLC 52473 b
1 of the Criminal Code of 1961 or the Criminal Code of 2012,
2 when the child depicted is under the age of 13.
3 (3) The defendant was convicted of armed violence
4 based upon the predicate offense of any of the following:
5 solicitation of murder, solicitation of murder for hire,
6 heinous battery as described in Section 12-4.1 or
7 subdivision (a)(2) of Section 12-3.05, aggravated battery
8 of a senior citizen as described in Section 12-4.6 or
9 subdivision (a)(4) of Section 12-3.05, criminal sexual
10 assault, a violation of subsection (g) of Section 5 of the
11 Cannabis Control Act (720 ILCS 550/5), cannabis
12 trafficking, a violation of subsection (a) of Section 401
13 of the Illinois Controlled Substances Act (720 ILCS
14 570/401), controlled substance trafficking involving a
15 Class X felony amount of controlled substance under
16 Section 401 of the Illinois Controlled Substances Act (720
17 ILCS 570/401), a violation of the Methamphetamine Control
18 and Community Protection Act (720 ILCS 646/), calculated
19 criminal drug conspiracy, or streetgang criminal drug
20 conspiracy.
21 (4) The defendant was convicted of the offense of
22 leaving the scene of a motor vehicle crash involving death
23 or personal injuries under Section 11-401 of the Illinois
24 Vehicle Code (625 ILCS 5/11-401) and either: (A)
25 aggravated driving under the influence of alcohol, other
26 drug or drugs, or intoxicating compound or compounds, or

HB2458 Engrossed- 220 -LRB103 26118 RLC 52473 b
1 any combination thereof under Section 11-501 of the
2 Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
3 homicide under Section 9-3 of the Criminal Code of 1961 or
4 the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
5 offense described in item (A) and an offense described in
6 item (B).
7 (5) The defendant was convicted of a violation of
8 Section 9-3.1 or Section 9-3.4 (concealment of homicidal
9 death) or Section 12-20.5 (dismembering a human body) of
10 the Criminal Code of 1961 or the Criminal Code of 2012 (720
11 ILCS 5/9-3.1 or 5/12-20.5).
12 (5.5) The defendant was convicted of a violation of
13 Section 24-3.7 (use of a stolen firearm in the commission
14 of an offense) of the Criminal Code of 1961 or the Criminal
15 Code of 2012.
16 (6) If the defendant was in the custody of the
17 Department of Corrections at the time of the commission of
18 the offense, the sentence shall be served consecutive to
19 the sentence under which the defendant is held by the
20 Department of Corrections.
21 (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
22 for escape or attempted escape shall be served consecutive
23 to the terms under which the offender is held by the
24 Department of Corrections.
25 (8) (Blank).
26 (8.5) (Blank).

HB2458 Engrossed- 221 -LRB103 26118 RLC 52473 b
1 (9) (Blank).
2 (10) (Blank).
3 (11) (Blank).
4 (e) Consecutive terms; subsequent non-Illinois term. If an
5Illinois court has imposed a sentence of imprisonment on a
6defendant and the defendant is subsequently sentenced to a
7term of imprisonment by a court of another state or a federal
8court, then the Illinois sentence shall run consecutively to
9the sentence imposed by the court of the other state or the
10federal court. That same Illinois court, however, may order
11that the Illinois sentence run concurrently with the sentence
12imposed by the court of the other state or the federal court,
13but only if the defendant applies to that same Illinois court
14within 30 days after the sentence imposed by the court of the
15other state or the federal court is finalized.
16 (f) Consecutive terms; aggregate maximums and minimums.
17The aggregate maximum and aggregate minimum of consecutive
18sentences shall be determined as follows:
19 (1) For sentences imposed under law in effect prior to
20 February 1, 1978, the aggregate maximum of consecutive
21 sentences shall not exceed the maximum term authorized
22 under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
23 Chapter V for the 2 most serious felonies involved. The
24 aggregate minimum period of consecutive sentences shall
25 not exceed the highest minimum term authorized under
26 Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter

HB2458 Engrossed- 222 -LRB103 26118 RLC 52473 b
1 V for the 2 most serious felonies involved. When sentenced
2 only for misdemeanors, a defendant shall not be
3 consecutively sentenced to more than the maximum for one
4 Class A misdemeanor.
5 (2) For sentences imposed under the law in effect on
6 or after February 1, 1978, the aggregate of consecutive
7 sentences for offenses that were committed as part of a
8 single course of conduct during which there was no
9 substantial change in the nature of the criminal objective
10 shall not exceed the sum of the maximum terms authorized
11 under Article 4.5 of Chapter V for the 2 most serious
12 felonies involved, but no such limitation shall apply for
13 offenses that were not committed as part of a single
14 course of conduct during which there was no substantial
15 change in the nature of the criminal objective. When
16 sentenced only for misdemeanors, a defendant shall not be
17 consecutively sentenced to more than the maximum for one
18 Class A misdemeanor.
19 (g) Consecutive terms; manner served. In determining the
20manner in which consecutive sentences of imprisonment, one or
21more of which is for a felony, will be served, the Department
22of Corrections shall treat the defendant as though he or she
23had been committed for a single term subject to each of the
24following:
25 (1) The maximum period of a term of imprisonment shall
26 consist of the aggregate of the maximums of the imposed

HB2458 Engrossed- 223 -LRB103 26118 RLC 52473 b
1 indeterminate terms, if any, plus the aggregate of the
2 imposed determinate sentences for felonies, plus the
3 aggregate of the imposed determinate sentences for
4 misdemeanors, subject to subsection (f) of this Section.
5 (2) The parole or mandatory supervised release term
6 shall be as provided in paragraph (e) of Section 5-4.5-50
7 (730 ILCS 5/5-4.5-50) for the most serious of the offenses
8 involved.
9 (3) The minimum period of imprisonment shall be the
10 aggregate of the minimum and determinate periods of
11 imprisonment imposed by the court, subject to subsection
12 (f) of this Section.
13 (4) The defendant shall be awarded credit against the
14 aggregate maximum term and the aggregate minimum term of
15 imprisonment for all time served in an institution since
16 the commission of the offense or offenses and as a
17 consequence thereof at the rate specified in Section 3-6-3
18 (730 ILCS 5/3-6-3).
19 (h) Notwithstanding any other provisions of this Section,
20all sentences imposed by an Illinois court under this Code
21shall run concurrent to any and all sentences imposed under
22the Juvenile Court Act of 1987.
23(Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23;
24102-1104, eff. 12-6-22.)
25 (730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7)

HB2458 Engrossed- 224 -LRB103 26118 RLC 52473 b
1 Sec. 5-9-1.7. Sexual assault fines.
2 (a) Definitions. The terms used in this Section shall have
3the following meanings ascribed to them:
4 (1) "Sexual assault" means the commission or attempted
5 commission of the following: sexual exploitation of a
6 child, criminal sexual assault, predatory criminal sexual
7 assault of a child, aggravated criminal sexual assault,
8 criminal sexual abuse, aggravated criminal sexual abuse,
9 indecent solicitation of a child, public indecency, sexual
10 relations within families, promoting juvenile
11 prostitution, soliciting for a juvenile prostitute,
12 keeping a place of juvenile prostitution, patronizing a
13 juvenile prostitute, juvenile pimping, exploitation of a
14 child, obscenity, child sexual abuse material pornography,
15 aggravated child pornography, harmful material, or
16 ritualized abuse of a child, as those offenses are defined
17 in the Criminal Code of 1961 or the Criminal Code of 2012.
18 (2) (Blank).
19 (3) "Sexual assault organization" means any
20 not-for-profit organization providing comprehensive,
21 community-based services to victims of sexual assault.
22 "Community-based services" include, but are not limited
23 to, direct crisis intervention through a 24-hour response,
24 medical and legal advocacy, counseling, information and
25 referral services, training, and community education.
26 (b) (Blank).

HB2458 Engrossed- 225 -LRB103 26118 RLC 52473 b
1 (c) Sexual Assault Services Fund; administration. There is
2created a Sexual Assault Services Fund. Moneys deposited into
3the Fund under Section 15-20 and 15-40 of the Criminal and
4Traffic Assessment Act shall be appropriated to the Department
5of Public Health. Upon appropriation of moneys from the Sexual
6Assault Services Fund, the Department of Public Health shall
7make grants of these moneys from the Fund to sexual assault
8organizations with whom the Department has contracts for the
9purpose of providing community-based services to victims of
10sexual assault. Grants made under this Section are in addition
11to, and are not substitutes for, other grants authorized and
12made by the Department.
13(Source: P.A. 100-987, eff. 7-1-19.)
14 (730 ILCS 5/5-9-1.8)
15 Sec. 5-9-1.8. Child sexual abuse material pornography
16fines. Beginning July 1, 2006, 100% of the fines in excess of
17$10,000 collected for violations of Section 11-20.1 of the
18Criminal Code of 1961 or the Criminal Code of 2012 shall be
19deposited into the Child Abuse Prevention Fund. Moneys in the
20Fund resulting from the fines shall be for the use of the
21Department of Children and Family Services for grants to
22private entities giving treatment and counseling to victims of
23child sexual abuse.
24(Source: P.A. 102-1071, eff. 6-10-22.)

HB2458 Engrossed- 226 -LRB103 26118 RLC 52473 b
1 Section 70. The Sex Offender Registration Act is amended
2by changing Section 2 as follows:
3 (730 ILCS 150/2) (from Ch. 38, par. 222)
4 Sec. 2. Definitions.
5 (A) As used in this Article, "sex offender" means any
6person who is:
7 (1) charged pursuant to Illinois law, or any
8 substantially similar federal, Uniform Code of Military
9 Justice, sister state, or foreign country law, with a sex
10 offense set forth in subsection (B) of this Section or the
11 attempt to commit an included sex offense, and:
12 (a) is convicted of such offense or an attempt to
13 commit such offense; or
14 (b) is found not guilty by reason of insanity of
15 such offense or an attempt to commit such offense; or
16 (c) is found not guilty by reason of insanity
17 pursuant to Section 104-25(c) of the Code of Criminal
18 Procedure of 1963 of such offense or an attempt to
19 commit such offense; or
20 (d) is the subject of a finding not resulting in an
21 acquittal at a hearing conducted pursuant to Section
22 104-25(a) of the Code of Criminal Procedure of 1963
23 for the alleged commission or attempted commission of
24 such offense; or
25 (e) is found not guilty by reason of insanity

HB2458 Engrossed- 227 -LRB103 26118 RLC 52473 b
1 following a hearing conducted pursuant to a federal,
2 Uniform Code of Military Justice, sister state, or
3 foreign country law substantially similar to Section
4 104-25(c) of the Code of Criminal Procedure of 1963 of
5 such offense or of the attempted commission of such
6 offense; or
7 (f) is the subject of a finding not resulting in an
8 acquittal at a hearing conducted pursuant to a
9 federal, Uniform Code of Military Justice, sister
10 state, or foreign country law substantially similar to
11 Section 104-25(a) of the Code of Criminal Procedure of
12 1963 for the alleged violation or attempted commission
13 of such offense; or
14 (2) declared as a sexually dangerous person pursuant
15 to the Illinois Sexually Dangerous Persons Act, or any
16 substantially similar federal, Uniform Code of Military
17 Justice, sister state, or foreign country law; or
18 (3) subject to the provisions of Section 2 of the
19 Interstate Agreements on Sexually Dangerous Persons Act;
20 or
21 (4) found to be a sexually violent person pursuant to
22 the Sexually Violent Persons Commitment Act or any
23 substantially similar federal, Uniform Code of Military
24 Justice, sister state, or foreign country law; or
25 (5) adjudicated a juvenile delinquent as the result of
26 committing or attempting to commit an act which, if

HB2458 Engrossed- 228 -LRB103 26118 RLC 52473 b
1 committed by an adult, would constitute any of the
2 offenses specified in item (B), (C), or (C-5) of this
3 Section or a violation of any substantially similar
4 federal, Uniform Code of Military Justice, sister state,
5 or foreign country law, or found guilty under Article V of
6 the Juvenile Court Act of 1987 of committing or attempting
7 to commit an act which, if committed by an adult, would
8 constitute any of the offenses specified in item (B), (C),
9 or (C-5) of this Section or a violation of any
10 substantially similar federal, Uniform Code of Military
11 Justice, sister state, or foreign country law.
12 Convictions that result from or are connected with the
13same act, or result from offenses committed at the same time,
14shall be counted for the purpose of this Article as one
15conviction. Any conviction set aside pursuant to law is not a
16conviction for purposes of this Article.
17 For purposes of this Section, "convicted" shall have the
18same meaning as "adjudicated".
19 (B) As used in this Article, "sex offense" means:
20 (1) A violation of any of the following Sections of
21 the Criminal Code of 1961 or the Criminal Code of 2012:
22 11-20.1 (child sexual abuse material 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),

HB2458 Engrossed- 229 -LRB103 26118 RLC 52473 b
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
12Code of Military Justice, or the law of another state or a
13foreign country that is substantially equivalent to any
14offense listed in subsections (B), (C), (E), and (E-5) of this
15Section shall constitute a conviction for the purpose of this
16Article. A finding or adjudication as a sexually dangerous
17person or a sexually violent person under any federal law,
18Uniform Code of Military Justice, or the law of another state
19or foreign country that is substantially equivalent to the
20Sexually Dangerous Persons Act or the Sexually Violent Persons
21Commitment Act shall constitute an adjudication for the
22purposes of this Article.
23 (C-5) A person at least 17 years of age at the time of the
24commission of the offense who is convicted of first degree
25murder under Section 9-1 of the Criminal Code of 1961 or the
26Criminal Code of 2012, against a person under 18 years of age,

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1shall be required to register for natural life. A conviction
2for an offense of federal, Uniform Code of Military Justice,
3sister state, or foreign country law that is substantially
4equivalent to any offense listed in subsection (C-5) of this
5Section shall constitute a conviction for the purpose of this
6Article. This subsection (C-5) applies to a person who
7committed the offense before June 1, 1996 if: (i) the person is
8incarcerated in an Illinois Department of Corrections facility
9on August 20, 2004 (the effective date of Public Act 93-977),
10or (ii) subparagraph (i) does not apply and the person is
11convicted 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
14of first degree murder as defined in Section 9-1 of the
15Criminal Code of 1961 or the Criminal Code of 2012, against a
16person 18 years of age or over, shall be required to register
17for his or her natural life. A conviction for an offense of
18federal, Uniform Code of Military Justice, sister state, or
19foreign country law that is substantially equivalent to any
20offense listed in subsection (C-6) of this Section shall
21constitute a conviction for the purpose of this Article. This
22subsection (C-6) does not apply to those individuals released
23from 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
26having jurisdiction" means the Chief of Police in each of the

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1municipalities in which the sex offender expects to reside,
2work, or attend school (1) upon his or her discharge, parole or
3release or (2) during the service of his or her sentence of
4probation or conditional discharge, or the Sheriff of the
5county, in the event no Police Chief exists or if the offender
6intends to reside, work, or attend school in an unincorporated
7area. "Law enforcement agency having jurisdiction" includes
8the location where out-of-state students attend school and
9where out-of-state employees are employed or are otherwise
10required to register.
11 (D-1) As used in this Article, "supervising officer" means
12the assigned Illinois Department of Corrections parole agent
13or county probation officer.
14 (E) As used in this Article, "sexual predator" means any
15person 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 sexual abuse material 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
14means a person convicted of a violation or attempted violation
15of any of the following Sections of the Criminal Code of 1961
16or 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
16means a person required to register in another State due to a
17conviction, adjudication or other action of any court
18triggering an obligation to register as a sex offender, sexual
19predator, or substantially similar status under the laws of
20that State.
21 (F) As used in this Article, "out-of-state student" means
22any sex offender, as defined in this Section, or sexual
23predator who is enrolled in Illinois, on a full-time or
24part-time basis, in any public or private educational
25institution, including, but not limited to, any secondary
26school, trade or professional institution, or institution of

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1higher learning.
2 (G) As used in this Article, "out-of-state employee" means
3any sex offender, as defined in this Section, or sexual
4predator who works in Illinois, regardless of whether the
5individual receives payment for services performed, for a
6period of time of 10 or more days or for an aggregate period of
7time of 30 or more days during any calendar year. Persons who
8operate motor vehicles in the State accrue one day of
9employment time for any portion of a day spent in Illinois.
10 (H) As used in this Article, "school" means any public or
11private educational institution, including, but not limited
12to, any elementary or secondary school, trade or professional
13institution, or institution of higher education.
14 (I) As used in this Article, "fixed residence" means any
15and all places that a sex offender resides for an aggregate
16period of time of 5 or more days in a calendar year.
17 (J) As used in this Article, "Internet protocol address"
18means the string of numbers by which a location on the Internet
19is identified by routers or other computers connected to the
20Internet.
21(Source: P.A. 100-428, eff. 1-1-18.)
22 Section 75. The Trafficking Victims Protection Act is
23amended by changing Section 10 as follows:
24 (740 ILCS 128/10)

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1 Sec. 10. Definitions. As used in this Act:
2 "Human trafficking" means a violation or attempted
3violation of subsection (d) of Section 10-9 of the Criminal
4Code of 2012.
5 "Involuntary servitude" means a violation or attempted
6violation of subsection (b) of Section 10-9 of the Criminal
7Code of 2012.
8 "Sex trade" means a violation or attempted violation of
9any of the following Sections of the Criminal Code of 1961 or
10the Criminal Code of 2012: 11-14.3 (promoting prostitution);
1111-14.4 (promoting juvenile prostitution); 11-15 (soliciting
12for a prostitute); 11-15.1 (soliciting for a juvenile
13prostitute); 11-16 (pandering); 11-17 (keeping a place of
14prostitution); 11-17.1 (keeping a place of juvenile
15prostitution); 11-19 (pimping); 11-19.1 (juvenile pimping and
16aggravated juvenile pimping); 11-19.2 (exploitation of a
17child); 11-20 (obscenity); 11-20.1 (child sexual abuse
18material pornography); 11-20.1B or 11-20.3 (aggravated child
19pornography); or subsection (c) of Section 10-9 (involuntary
20sexual servitude of a minor).
21 "Sex trade" activity may involve adults and youth of all
22genders and sexual orientations.
23 "Victim of the sex trade" means, for the following sex
24trade acts, the person or persons indicated:
25 (1) soliciting for a prostitute: the prostitute who is
26 the object of the solicitation;

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1 (2) soliciting for a juvenile prostitute: the juvenile
2 prostitute, or person with a severe or profound
3 intellectual disability, who is the object of the
4 solicitation;
5 (3) promoting prostitution as described in subdivision
6 (a)(2)(A) or (a)(2)(B) of Section 11-14.3 of the Criminal
7 Code of 1961 or the Criminal Code of 2012, or pandering:
8 the person intended or compelled to act as a prostitute;
9 (4) keeping a place of prostitution: any person
10 intended or compelled to act as a prostitute, while
11 present at the place, during the time period in question;
12 (5) keeping a place of juvenile prostitution: any
13 juvenile intended or compelled to act as a prostitute,
14 while present at the place, during the time period in
15 question;
16 (6) promoting prostitution as described in subdivision
17 (a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961
18 or the Criminal Code of 2012, or pimping: the prostitute
19 from whom anything of value is received;
20 (7) promoting juvenile prostitution as described in
21 subdivision (a)(2) or (a)(3) of Section 11-14.4 of the
22 Criminal Code of 1961 or the Criminal Code of 2012, or
23 juvenile pimping and aggravated juvenile pimping: the
24 juvenile, or person with a severe or profound intellectual
25 disability, from whom anything of value is received for
26 that person's act of prostitution;

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1 (8) promoting juvenile prostitution as described in
2 subdivision (a)(4) of Section 11-14.4 of the Criminal Code
3 of 1961 or the Criminal Code of 2012, or exploitation of a
4 child: the juvenile, or person with a severe or profound
5 intellectual disability, intended or compelled to act as a
6 prostitute or from whom anything of value is received for
7 that person's act of prostitution;
8 (9) obscenity: any person who appears in or is
9 described or depicted in the offending conduct or
10 material;
11 (10) child sexual abuse material pornography or
12 aggravated child pornography: any child, or person with a
13 severe or profound intellectual disability, who appears in
14 or is described or depicted in the offending conduct or
15 material; or
16 (11) involuntary sexual servitude of a minor as
17 defined in subsection (c) of Section 10-9 of the Criminal
18 Code of 1961 or the Criminal Code of 2012.
19(Source: P.A. 99-143, eff. 7-27-15; 100-939, eff. 1-1-19.)
20 Section 95. No acceleration or delay. Where this Act makes
21changes in a statute that is represented in this Act by text
22that is not yet or no longer in effect (for example, a Section
23represented by multiple versions), the use of that text does
24not accelerate or delay the taking effect of (i) the changes
25made by this Act or (ii) provisions derived from any other

HB2458 Engrossed- 243 -LRB103 26118 RLC 52473 b
1Public Act.

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1 INDEX
2 Statutes amended in order of appearance
3 20 ILCS 4026/10
4 110 ILCS 57/5
5 225 ILCS 10/3.3
6 325 ILCS 5/4.5
7 325 ILCS 5/11.1from Ch. 23, par. 2061.1
8 325 ILCS 15/3from Ch. 23, par. 2083
9 325 ILCS 40/2from Ch. 23, par. 2252
10 325 ILCS 47/10
11 705 ILCS 135/15-70
12 705 ILCS 405/3-40
13 720 ILCS 5/3-5from Ch. 38, par. 3-5
14 720 ILCS 5/3-6from Ch. 38, par. 3-6
15 720 ILCS 5/11-0.1
16 720 ILCS 5/11-9.1from Ch. 38, par. 11-9.1
17 720 ILCS 5/11-9.3
18 720 ILCS 5/11-20.1from Ch. 38, par. 11-20.1
19 720 ILCS 5/11-20.2from Ch. 38, par. 11-20.2
20 720 ILCS 5/11-23
21 720 ILCS 5/11-25
22 720 ILCS 5/14-3
23 720 ILCS 5/36-1from Ch. 38, par. 36-1
24 725 ILCS 5/106B-10
25 725 ILCS 5/115-7from Ch. 38, par. 115-7

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