Bill Text: IL HB4410 | 2023-2024 | 103rd General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Creates the Prostitution Investigation Act. Provides that each law enforcement agency shall create, on or before January 1, 2025, a policy that prohibits law enforcement officers from knowingly and willingly performing an act of sexual penetration with the suspect of a criminal investigation of prostitution during the course of an investigation conducted by that officer. Provides that the policy shall be posted and made publicly available. Amends various Acts to change "juvenile prostitution" to "commercial sexual exploitation of a child", "prostitute" to "person engaged in the sex trade", and "juvenile prostitute" to "sexually exploited child". Amends the Statute on Statutes. Provides that the changes of names of the offenses and persons convicted of those offenses do not affect the validity of dispositions entered under the previous names. Amends the Criminal Identification Act. Provides that law enforcement agencies shall automatically expunge the law enforcement records relating to a person's Class 4 felony conviction for prostitution if that conviction is eligible for expungement. Provides that in the absence of a court order or upon the order of a court, the clerk of the circuit court shall automatically expunge the court records and case files relating to a person's Class 4 felony conviction for prostitution if that conviction is eligible for expungement. Provides that automatic expungements shall be completed no later than January 1, 2025. Provides for comparable provisions for such convictions that are eligible for sealing.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2024-04-19 - Referred to Assignments [HB4410 Detail]
Download: Illinois-2023-HB4410-Engrossed.html
Bill Title: Creates the Prostitution Investigation Act. Provides that each law enforcement agency shall create, on or before January 1, 2025, a policy that prohibits law enforcement officers from knowingly and willingly performing an act of sexual penetration with the suspect of a criminal investigation of prostitution during the course of an investigation conducted by that officer. Provides that the policy shall be posted and made publicly available. Amends various Acts to change "juvenile prostitution" to "commercial sexual exploitation of a child", "prostitute" to "person engaged in the sex trade", and "juvenile prostitute" to "sexually exploited child". Amends the Statute on Statutes. Provides that the changes of names of the offenses and persons convicted of those offenses do not affect the validity of dispositions entered under the previous names. Amends the Criminal Identification Act. Provides that law enforcement agencies shall automatically expunge the law enforcement records relating to a person's Class 4 felony conviction for prostitution if that conviction is eligible for expungement. Provides that in the absence of a court order or upon the order of a court, the clerk of the circuit court shall automatically expunge the court records and case files relating to a person's Class 4 felony conviction for prostitution if that conviction is eligible for expungement. Provides that automatic expungements shall be completed no later than January 1, 2025. Provides for comparable provisions for such convictions that are eligible for sealing.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2024-04-19 - Referred to Assignments [HB4410 Detail]
Download: Illinois-2023-HB4410-Engrossed.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Prostitution Investigation Act.
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6 | Section 5. Definitions. In this Act: | ||||||
7 | "Law enforcement agency" and "law enforcement officer" | ||||||
8 | have the meanings ascribed to them in Section 10-10 of the Law | ||||||
9 | Enforcement Officer-Worn Body Camera Act. | ||||||
10 | "Prostitution" has the meaning ascribed to it in Section | ||||||
11 | 11-14 of the Criminal Code of 2012. | ||||||
12 | "Sexual penetration" has the meaning ascribed to it in | ||||||
13 | Section 11-0.1 of the Criminal Code of 2012.
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14 | Section 10. Law enforcement agency policy; prostitution | ||||||
15 | investigations. Each law enforcement agency shall create a | ||||||
16 | policy on or before January 1, 2025 that prohibits law | ||||||
17 | enforcement officers from knowingly and willingly performing | ||||||
18 | an act of sexual penetration with the suspect of a criminal | ||||||
19 | investigation of prostitution during the course of an | ||||||
20 | investigation conducted by that officer. The policy shall be | ||||||
21 | posted and made publicly available.
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1 | Section 95. The Statute on Statutes is amended by adding | ||||||
2 | Section 1.45 as follows:
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3 | (5 ILCS 70/1.45 new) | ||||||
4 | Sec. 1.45. Juvenile prostitution, prostitute, juvenile | ||||||
5 | prostitute; prior prosecutions. If any person, before the | ||||||
6 | effective date of this amendatory Act of the 103rd General | ||||||
7 | Assembly, has been arrested, charged, prosecuted, convicted, | ||||||
8 | or sentenced for juvenile prostitution or patronizing a minor | ||||||
9 | engaged in prostitution or has been referred to in any law | ||||||
10 | enforcement record, court record, or penal institution record | ||||||
11 | as a prostitute or juvenile prostitute, the changes of the | ||||||
12 | names of offenses and the references to defendants in this | ||||||
13 | amendatory Act of the 103rd General Assembly do not, except as | ||||||
14 | described in this amendatory Act, affect any arrest, | ||||||
15 | prosecution, conviction, sentence, or penal institution record | ||||||
16 | for such persons or offenses in any law enforcement record, | ||||||
17 | court record, or penal institution record, or any arrest, | ||||||
18 | conviction, or sentence, before the effective date of this | ||||||
19 | amendatory Act of the 103rd General Assembly, and any action | ||||||
20 | taken for or against such a person incarcerated, on | ||||||
21 | supervision, probation, conditional discharge, or mandatory | ||||||
22 | supervised release under the former named offenses and persons | ||||||
23 | shall remain valid.
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24 | Section 96. The Criminal Identification Act is amended by |
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1 | changing Section 5.2 as follows:
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2 | (20 ILCS 2630/5.2) | ||||||
3 | Sec. 5.2. Expungement, sealing, and immediate sealing. | ||||||
4 | (a) General Provisions. | ||||||
5 | (1) Definitions. In this Act, words and phrases have | ||||||
6 | the meanings set forth in this subsection, except when a | ||||||
7 | particular context clearly requires a different meaning. | ||||||
8 | (A) The following terms shall have the meanings | ||||||
9 | ascribed to them in the following Sections of the | ||||||
10 | Unified Code of Corrections: | ||||||
11 | Business Offense, Section 5-1-2. | ||||||
12 | Charge, Section 5-1-3. | ||||||
13 | Court, Section 5-1-6. | ||||||
14 | Defendant, Section 5-1-7. | ||||||
15 | Felony, Section 5-1-9. | ||||||
16 | Imprisonment, Section 5-1-10. | ||||||
17 | Judgment, Section 5-1-12. | ||||||
18 | Misdemeanor, Section 5-1-14. | ||||||
19 | Offense, Section 5-1-15. | ||||||
20 | Parole, Section 5-1-16. | ||||||
21 | Petty Offense, Section 5-1-17. | ||||||
22 | Probation, Section 5-1-18. | ||||||
23 | Sentence, Section 5-1-19. | ||||||
24 | Supervision, Section 5-1-21. | ||||||
25 | Victim, Section 5-1-22. |
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1 | (B) As used in this Section, "charge not initiated | ||||||
2 | by arrest" means a charge (as defined by Section 5-1-3 | ||||||
3 | of the Unified Code of Corrections) brought against a | ||||||
4 | defendant where the defendant is not arrested prior to | ||||||
5 | or as a direct result of the charge. | ||||||
6 | (C) "Conviction" means a judgment of conviction or | ||||||
7 | sentence entered upon a plea of guilty or upon a | ||||||
8 | verdict or finding of guilty of an offense, rendered | ||||||
9 | by a legally constituted jury or by a court of | ||||||
10 | competent jurisdiction authorized to try the case | ||||||
11 | without a jury. An order of supervision successfully | ||||||
12 | completed by the petitioner is not a conviction. An | ||||||
13 | order of qualified probation (as defined in subsection | ||||||
14 | (a)(1)(J)) successfully completed by the petitioner is | ||||||
15 | not a conviction. An order of supervision or an order | ||||||
16 | of qualified probation that is terminated | ||||||
17 | unsatisfactorily is a conviction, unless the | ||||||
18 | unsatisfactory termination is reversed, vacated, or | ||||||
19 | modified and the judgment of conviction, if any, is | ||||||
20 | reversed or vacated. | ||||||
21 | (D) "Criminal offense" means a petty offense, | ||||||
22 | business offense, misdemeanor, felony, or municipal | ||||||
23 | ordinance violation (as defined in subsection | ||||||
24 | (a)(1)(H)). As used in this Section, a minor traffic | ||||||
25 | offense (as defined in subsection (a)(1)(G)) shall not | ||||||
26 | be considered a criminal offense. |
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1 | (E) "Expunge" means to physically destroy the | ||||||
2 | records or return them to the petitioner and to | ||||||
3 | obliterate the petitioner's name from any official | ||||||
4 | index or public record, or both. Nothing in this Act | ||||||
5 | shall require the physical destruction of the circuit | ||||||
6 | court file, but such records relating to arrests or | ||||||
7 | charges, or both, ordered expunged shall be impounded | ||||||
8 | as required by subsections (d)(9)(A)(ii) and | ||||||
9 | (d)(9)(B)(ii). | ||||||
10 | (F) As used in this Section, "last sentence" means | ||||||
11 | the sentence, order of supervision, or order of | ||||||
12 | qualified probation (as defined by subsection | ||||||
13 | (a)(1)(J)), for a criminal offense (as defined by | ||||||
14 | subsection (a)(1)(D)) that terminates last in time in | ||||||
15 | any jurisdiction, regardless of whether the petitioner | ||||||
16 | has included the criminal offense for which the | ||||||
17 | sentence or order of supervision or qualified | ||||||
18 | probation was imposed in his or her petition. If | ||||||
19 | multiple sentences, orders of supervision, or orders | ||||||
20 | of qualified probation terminate on the same day and | ||||||
21 | are last in time, they shall be collectively | ||||||
22 | considered the "last sentence" regardless of whether | ||||||
23 | they were ordered to run concurrently. | ||||||
24 | (G) "Minor traffic offense" means a petty offense, | ||||||
25 | business offense, or Class C misdemeanor under the | ||||||
26 | Illinois Vehicle Code or a similar provision of a |
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1 | municipal or local ordinance. | ||||||
2 | (G-5) "Minor Cannabis Offense" means a violation | ||||||
3 | of Section 4 or 5 of the Cannabis Control Act | ||||||
4 | concerning not more than 30 grams of any substance | ||||||
5 | containing cannabis, provided the violation did not | ||||||
6 | include a penalty enhancement under Section 7 of the | ||||||
7 | Cannabis Control Act and is not associated with an | ||||||
8 | arrest, conviction or other disposition for a violent | ||||||
9 | crime as defined in subsection (c) of Section 3 of the | ||||||
10 | Rights of Crime Victims and Witnesses Act. | ||||||
11 | (H) "Municipal ordinance violation" means an | ||||||
12 | offense defined by a municipal or local ordinance that | ||||||
13 | is criminal in nature and with which the petitioner | ||||||
14 | was charged or for which the petitioner was arrested | ||||||
15 | and released without charging. | ||||||
16 | (I) "Petitioner" means an adult or a minor | ||||||
17 | prosecuted as an adult who has applied for relief | ||||||
18 | under this Section. | ||||||
19 | (J) "Qualified probation" means an order of | ||||||
20 | probation under Section 10 of the Cannabis Control | ||||||
21 | Act, Section 410 of the Illinois Controlled Substances | ||||||
22 | Act, Section 70 of the Methamphetamine Control and | ||||||
23 | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | ||||||
24 | of the Unified Code of Corrections, Section | ||||||
25 | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | ||||||
26 | those provisions existed before their deletion by |
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1 | Public Act 89-313), Section 10-102 of the Illinois | ||||||
2 | Alcoholism and Other Drug Dependency Act, Section | ||||||
3 | 40-10 of the Substance Use Disorder Act, or Section 10 | ||||||
4 | of the Steroid Control Act. For the purpose of this | ||||||
5 | Section, "successful completion" of an order of | ||||||
6 | qualified probation under Section 10-102 of the | ||||||
7 | Illinois Alcoholism and Other Drug Dependency Act and | ||||||
8 | Section 40-10 of the Substance Use Disorder Act means | ||||||
9 | that the probation was terminated satisfactorily and | ||||||
10 | the judgment of conviction was vacated. | ||||||
11 | (K) "Seal" means to physically and electronically | ||||||
12 | maintain the records, unless the records would | ||||||
13 | otherwise be destroyed due to age, but to make the | ||||||
14 | records unavailable without a court order, subject to | ||||||
15 | the exceptions in Sections 12 and 13 of this Act. The | ||||||
16 | petitioner's name shall also be obliterated from the | ||||||
17 | official index required to be kept by the circuit | ||||||
18 | court clerk under Section 16 of the Clerks of Courts | ||||||
19 | Act, but any index issued by the circuit court clerk | ||||||
20 | before the entry of the order to seal shall not be | ||||||
21 | affected. | ||||||
22 | (L) "Sexual offense committed against a minor" | ||||||
23 | includes, but is not limited to, the offenses of | ||||||
24 | indecent solicitation of a child or criminal sexual | ||||||
25 | abuse when the victim of such offense is under 18 years | ||||||
26 | of age. |
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1 | (M) "Terminate" as it relates to a sentence or | ||||||
2 | order of supervision or qualified probation includes | ||||||
3 | either satisfactory or unsatisfactory termination of | ||||||
4 | the sentence, unless otherwise specified in this | ||||||
5 | Section. A sentence is terminated notwithstanding any | ||||||
6 | outstanding financial legal obligation. | ||||||
7 | (2) Minor Traffic Offenses. Orders of supervision or | ||||||
8 | convictions for minor traffic offenses shall not affect a | ||||||
9 | petitioner's eligibility to expunge or seal records | ||||||
10 | pursuant to this Section. | ||||||
11 | (2.5) Commencing 180 days after July 29, 2016 (the | ||||||
12 | effective date of Public Act 99-697), the law enforcement | ||||||
13 | agency issuing the citation shall automatically expunge, | ||||||
14 | on or before January 1 and July 1 of each year, the law | ||||||
15 | enforcement records of a person found to have committed a | ||||||
16 | civil law violation of subsection (a) of Section 4 of the | ||||||
17 | Cannabis Control Act or subsection (c) of Section 3.5 of | ||||||
18 | the Drug Paraphernalia Control Act in the law enforcement | ||||||
19 | agency's possession or control and which contains the | ||||||
20 | final satisfactory disposition which pertain to the person | ||||||
21 | issued a citation for that offense. The law enforcement | ||||||
22 | agency shall provide by rule the process for access, | ||||||
23 | review, and to confirm the automatic expungement by the | ||||||
24 | law enforcement agency issuing the citation. Commencing | ||||||
25 | 180 days after July 29, 2016 (the effective date of Public | ||||||
26 | Act 99-697), the clerk of the circuit court shall expunge, |
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1 | upon order of the court, or in the absence of a court order | ||||||
2 | on or before January 1 and July 1 of each year, the court | ||||||
3 | records of a person found in the circuit court to have | ||||||
4 | committed a civil law violation of subsection (a) of | ||||||
5 | Section 4 of the Cannabis Control Act or subsection (c) of | ||||||
6 | Section 3.5 of the Drug Paraphernalia Control Act in the | ||||||
7 | clerk's possession or control and which contains the final | ||||||
8 | satisfactory disposition which pertain to the person | ||||||
9 | issued a citation for any of those offenses. | ||||||
10 | (3) Exclusions. Except as otherwise provided in | ||||||
11 | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | ||||||
12 | of this Section, the court shall not order: | ||||||
13 | (A) the sealing or expungement of the records of | ||||||
14 | arrests or charges not initiated by arrest that result | ||||||
15 | in an order of supervision for or conviction of: (i) | ||||||
16 | any sexual offense committed against a minor; (ii) | ||||||
17 | Section 11-501 of the Illinois Vehicle Code or a | ||||||
18 | similar provision of a local ordinance; or (iii) | ||||||
19 | Section 11-503 of the Illinois Vehicle Code or a | ||||||
20 | similar provision of a local ordinance, unless the | ||||||
21 | arrest or charge is for a misdemeanor violation of | ||||||
22 | subsection (a) of Section 11-503 or a similar | ||||||
23 | provision of a local ordinance, that occurred prior to | ||||||
24 | the offender reaching the age of 25 years and the | ||||||
25 | offender has no other conviction for violating Section | ||||||
26 | 11-501 or 11-503 of the Illinois Vehicle Code or a |
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1 | similar provision of a local ordinance. | ||||||
2 | (B) the sealing or expungement of records of minor | ||||||
3 | traffic offenses (as defined in subsection (a)(1)(G)), | ||||||
4 | unless the petitioner was arrested and released | ||||||
5 | without charging. | ||||||
6 | (C) the sealing of the records of arrests or | ||||||
7 | charges not initiated by arrest which result in an | ||||||
8 | order of supervision or a conviction for the following | ||||||
9 | offenses: | ||||||
10 | (i) offenses included in Article 11 of the | ||||||
11 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
12 | or a similar provision of a local ordinance, | ||||||
13 | except Section 11-14 and a misdemeanor violation | ||||||
14 | of Section 11-30 of the Criminal Code of 1961 or | ||||||
15 | the Criminal Code of 2012, or a similar provision | ||||||
16 | of a local ordinance; | ||||||
17 | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | ||||||
18 | 26-5, or 48-1 of the Criminal Code of 1961 or the | ||||||
19 | Criminal Code of 2012, or a similar provision of a | ||||||
20 | local ordinance; | ||||||
21 | (iii) Section 12-3.1 or 12-3.2 of the Criminal | ||||||
22 | Code of 1961 or the Criminal Code of 2012, or | ||||||
23 | Section 125 of the Stalking No Contact Order Act, | ||||||
24 | or Section 219 of the Civil No Contact Order Act, | ||||||
25 | or a similar provision of a local ordinance; | ||||||
26 | (iv) Class A misdemeanors or felony offenses |
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1 | under the Humane Care for Animals Act; or | ||||||
2 | (v) any offense or attempted offense that | ||||||
3 | would subject a person to registration under the | ||||||
4 | Sex Offender Registration Act. | ||||||
5 | (D) (blank). | ||||||
6 | (b) Expungement. | ||||||
7 | (1) A petitioner may petition the circuit court to | ||||||
8 | expunge the records of his or her arrests and charges not | ||||||
9 | initiated by arrest when each arrest or charge not | ||||||
10 | initiated by arrest sought to be expunged resulted in: (i) | ||||||
11 | acquittal, dismissal, or the petitioner's release without | ||||||
12 | charging, unless excluded by subsection (a)(3)(B); (ii) a | ||||||
13 | conviction which was vacated or reversed, unless excluded | ||||||
14 | by subsection (a)(3)(B); (iii) an order of supervision and | ||||||
15 | such supervision was successfully completed by the | ||||||
16 | petitioner, unless excluded by subsection (a)(3)(A) or | ||||||
17 | (a)(3)(B); or (iv) an order of qualified probation (as | ||||||
18 | defined in subsection (a)(1)(J)) and such probation was | ||||||
19 | successfully completed by the petitioner. | ||||||
20 | (1.5) When a petitioner seeks to have a record of | ||||||
21 | arrest expunged under this Section, and the offender has | ||||||
22 | been convicted of a criminal offense, the State's Attorney | ||||||
23 | may object to the expungement on the grounds that the | ||||||
24 | records contain specific relevant information aside from | ||||||
25 | the mere fact of the arrest. | ||||||
26 | (2) Time frame for filing a petition to expunge. |
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1 | (A) When the arrest or charge not initiated by | ||||||
2 | arrest sought to be expunged resulted in an acquittal, | ||||||
3 | dismissal, the petitioner's release without charging, | ||||||
4 | or the reversal or vacation of a conviction, there is | ||||||
5 | no waiting period to petition for the expungement of | ||||||
6 | such records. | ||||||
7 | (B) When the arrest or charge not initiated by | ||||||
8 | arrest sought to be expunged resulted in an order of | ||||||
9 | supervision, successfully completed by the petitioner, | ||||||
10 | the following time frames will apply: | ||||||
11 | (i) Those arrests or charges that resulted in | ||||||
12 | orders of supervision under Section 3-707, 3-708, | ||||||
13 | 3-710, or 5-401.3 of the Illinois Vehicle Code or | ||||||
14 | a similar provision of a local ordinance, or under | ||||||
15 | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | ||||||
16 | Code of 1961 or the Criminal Code of 2012, or a | ||||||
17 | similar provision of a local ordinance, shall not | ||||||
18 | be eligible for expungement until 5 years have | ||||||
19 | passed following the satisfactory termination of | ||||||
20 | the supervision. | ||||||
21 | (i-5) Those arrests or charges that resulted | ||||||
22 | in orders of supervision for a misdemeanor | ||||||
23 | violation of subsection (a) of Section 11-503 of | ||||||
24 | the Illinois Vehicle Code or a similar provision | ||||||
25 | of a local ordinance, that occurred prior to the | ||||||
26 | offender reaching the age of 25 years and the |
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1 | offender has no other conviction for violating | ||||||
2 | Section 11-501 or 11-503 of the Illinois Vehicle | ||||||
3 | Code or a similar provision of a local ordinance | ||||||
4 | shall not be eligible for expungement until the | ||||||
5 | petitioner has reached the age of 25 years. | ||||||
6 | (ii) Those arrests or charges that resulted in | ||||||
7 | orders of supervision for any other offenses shall | ||||||
8 | not be eligible for expungement until 2 years have | ||||||
9 | passed following the satisfactory termination of | ||||||
10 | the supervision. | ||||||
11 | (C) When the arrest or charge not initiated by | ||||||
12 | arrest sought to be expunged resulted in an order of | ||||||
13 | qualified probation, successfully completed by the | ||||||
14 | petitioner, such records shall not be eligible for | ||||||
15 | expungement until 5 years have passed following the | ||||||
16 | satisfactory termination of the probation. | ||||||
17 | (3) Those records maintained by the Illinois State | ||||||
18 | Police for persons arrested prior to their 17th birthday | ||||||
19 | shall be expunged as provided in Section 5-915 of the | ||||||
20 | Juvenile Court Act of 1987. | ||||||
21 | (4) Whenever a person has been arrested for or | ||||||
22 | convicted of any offense, in the name of a person whose | ||||||
23 | identity he or she has stolen or otherwise come into | ||||||
24 | possession of, the aggrieved person from whom the identity | ||||||
25 | was stolen or otherwise obtained without authorization, | ||||||
26 | upon learning of the person having been arrested using his |
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1 | or her identity, may, upon verified petition to the chief | ||||||
2 | judge of the circuit wherein the arrest was made, have a | ||||||
3 | court order entered nunc pro tunc by the Chief Judge to | ||||||
4 | correct the arrest record, conviction record, if any, and | ||||||
5 | all official records of the arresting authority, the | ||||||
6 | Illinois State Police, other criminal justice agencies, | ||||||
7 | the prosecutor, and the trial court concerning such | ||||||
8 | arrest, if any, by removing his or her name from all such | ||||||
9 | records in connection with the arrest and conviction, if | ||||||
10 | any, and by inserting in the records the name of the | ||||||
11 | offender, if known or ascertainable, in lieu of the | ||||||
12 | aggrieved's name. The records of the circuit court clerk | ||||||
13 | shall be sealed until further order of the court upon good | ||||||
14 | cause shown and the name of the aggrieved person | ||||||
15 | obliterated on the official index required to be kept by | ||||||
16 | the circuit court clerk under Section 16 of the Clerks of | ||||||
17 | Courts Act, but the order shall not affect any index | ||||||
18 | issued by the circuit court clerk before the entry of the | ||||||
19 | order. Nothing in this Section shall limit the Illinois | ||||||
20 | State Police or other criminal justice agencies or | ||||||
21 | prosecutors from listing under an offender's name the | ||||||
22 | false names he or she has used. | ||||||
23 | (5) Whenever a person has been convicted of criminal | ||||||
24 | sexual assault, aggravated criminal sexual assault, | ||||||
25 | predatory criminal sexual assault of a child, criminal | ||||||
26 | sexual abuse, or aggravated criminal sexual abuse, the |
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1 | victim of that offense may request that the State's | ||||||
2 | Attorney of the county in which the conviction occurred | ||||||
3 | file a verified petition with the presiding trial judge at | ||||||
4 | the petitioner's trial to have a court order entered to | ||||||
5 | seal the records of the circuit court clerk in connection | ||||||
6 | with the proceedings of the trial court concerning that | ||||||
7 | offense. However, the records of the arresting authority | ||||||
8 | and the Illinois State Police concerning the offense shall | ||||||
9 | not be sealed. The court, upon good cause shown, shall | ||||||
10 | make the records of the circuit court clerk in connection | ||||||
11 | with the proceedings of the trial court concerning the | ||||||
12 | offense available for public inspection. | ||||||
13 | (6) If a conviction has been set aside on direct | ||||||
14 | review or on collateral attack and the court determines by | ||||||
15 | clear and convincing evidence that the petitioner was | ||||||
16 | factually innocent of the charge, the court that finds the | ||||||
17 | petitioner factually innocent of the charge shall enter an | ||||||
18 | expungement order for the conviction for which the | ||||||
19 | petitioner has been determined to be innocent as provided | ||||||
20 | in subsection (b) of Section 5-5-4 of the Unified Code of | ||||||
21 | Corrections. | ||||||
22 | (7) Nothing in this Section shall prevent the Illinois | ||||||
23 | State Police from maintaining all records of any person | ||||||
24 | who is admitted to probation upon terms and conditions and | ||||||
25 | who fulfills those terms and conditions pursuant to | ||||||
26 | Section 10 of the Cannabis Control Act, Section 410 of the |
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1 | Illinois Controlled Substances Act, Section 70 of the | ||||||
2 | Methamphetamine Control and Community Protection Act, | ||||||
3 | Section 5-6-3.3 or 5-6-3.4 of the Unified Code of | ||||||
4 | Corrections, Section 12-4.3 or subdivision (b)(1) of | ||||||
5 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
6 | Criminal Code of 2012, Section 10-102 of the Illinois | ||||||
7 | Alcoholism and Other Drug Dependency Act, Section 40-10 of | ||||||
8 | the Substance Use Disorder Act, or Section 10 of the | ||||||
9 | Steroid Control Act. | ||||||
10 | (8) If the petitioner has been granted a certificate | ||||||
11 | of innocence under Section 2-702 of the Code of Civil | ||||||
12 | Procedure, the court that grants the certificate of | ||||||
13 | innocence shall also enter an order expunging the | ||||||
14 | conviction for which the petitioner has been determined to | ||||||
15 | be innocent as provided in subsection (h) of Section 2-702 | ||||||
16 | of the Code of Civil Procedure. | ||||||
17 | (c) Sealing. | ||||||
18 | (1) Applicability. Notwithstanding any other provision | ||||||
19 | of this Act to the contrary, and cumulative with any | ||||||
20 | rights to expungement of criminal records, this subsection | ||||||
21 | authorizes the sealing of criminal records of adults and | ||||||
22 | of minors prosecuted as adults. Subsection (g) of this | ||||||
23 | Section provides for immediate sealing of certain records. | ||||||
24 | (2) Eligible Records. The following records may be | ||||||
25 | sealed: | ||||||
26 | (A) All arrests resulting in release without |
| |||||||
| |||||||
1 | charging; | ||||||
2 | (B) Arrests or charges not initiated by arrest | ||||||
3 | resulting in acquittal, dismissal, or conviction when | ||||||
4 | the conviction was reversed or vacated, except as | ||||||
5 | excluded by subsection (a)(3)(B); | ||||||
6 | (C) Arrests or charges not initiated by arrest | ||||||
7 | resulting in orders of supervision, including orders | ||||||
8 | of supervision for municipal ordinance violations, | ||||||
9 | successfully completed by the petitioner, unless | ||||||
10 | excluded by subsection (a)(3); | ||||||
11 | (D) Arrests or charges not initiated by arrest | ||||||
12 | resulting in convictions, including convictions on | ||||||
13 | municipal ordinance violations, unless excluded by | ||||||
14 | subsection (a)(3); | ||||||
15 | (E) Arrests or charges not initiated by arrest | ||||||
16 | resulting in orders of first offender probation under | ||||||
17 | Section 10 of the Cannabis Control Act, Section 410 of | ||||||
18 | the Illinois Controlled Substances Act, Section 70 of | ||||||
19 | the Methamphetamine Control and Community Protection | ||||||
20 | Act, or Section 5-6-3.3 of the Unified Code of | ||||||
21 | Corrections; and | ||||||
22 | (F) Arrests or charges not initiated by arrest | ||||||
23 | resulting in felony convictions unless otherwise | ||||||
24 | excluded by subsection (a) paragraph (3) of this | ||||||
25 | Section. | ||||||
26 | (3) When Records Are Eligible to Be Sealed. Records |
| |||||||
| |||||||
1 | identified as eligible under subsection (c)(2) may be | ||||||
2 | sealed as follows: | ||||||
3 | (A) Records identified as eligible under | ||||||
4 | subsections (c)(2)(A) and (c)(2)(B) may be sealed at | ||||||
5 | any time. | ||||||
6 | (B) Except as otherwise provided in subparagraph | ||||||
7 | (E) of this paragraph (3), records identified as | ||||||
8 | eligible under subsection (c)(2)(C) may be sealed 2 | ||||||
9 | years after the termination of petitioner's last | ||||||
10 | sentence (as defined in subsection (a)(1)(F)). | ||||||
11 | (C) Except as otherwise provided in subparagraph | ||||||
12 | (E) of this paragraph (3), records identified as | ||||||
13 | eligible under subsections (c)(2)(D), (c)(2)(E), and | ||||||
14 | (c)(2)(F) may be sealed 3 years after the termination | ||||||
15 | of the petitioner's last sentence (as defined in | ||||||
16 | subsection (a)(1)(F)). Convictions requiring public | ||||||
17 | registration under the Arsonist Registration Act, the | ||||||
18 | Sex Offender Registration Act, or the Murderer and | ||||||
19 | Violent Offender Against Youth Registration Act may | ||||||
20 | not be sealed until the petitioner is no longer | ||||||
21 | required to register under that relevant Act. | ||||||
22 | (D) Records identified in subsection | ||||||
23 | (a)(3)(A)(iii) may be sealed after the petitioner has | ||||||
24 | reached the age of 25 years. | ||||||
25 | (E) Records identified as eligible under | ||||||
26 | subsection (c)(2)(C), (c)(2)(D), (c)(2)(E), or |
| |||||||
| |||||||
1 | (c)(2)(F) may be sealed upon termination of the | ||||||
2 | petitioner's last sentence if the petitioner earned a | ||||||
3 | high school diploma, associate's degree, career | ||||||
4 | certificate, vocational technical certification, or | ||||||
5 | bachelor's degree, or passed the high school level | ||||||
6 | Test of General Educational Development, during the | ||||||
7 | period of his or her sentence or mandatory supervised | ||||||
8 | release. This subparagraph shall apply only to a | ||||||
9 | petitioner who has not completed the same educational | ||||||
10 | goal prior to the period of his or her sentence or | ||||||
11 | mandatory supervised release. If a petition for | ||||||
12 | sealing eligible records filed under this subparagraph | ||||||
13 | is denied by the court, the time periods under | ||||||
14 | subparagraph (B) or (C) shall apply to any subsequent | ||||||
15 | petition for sealing filed by the petitioner. | ||||||
16 | (4) Subsequent felony convictions. A person may not | ||||||
17 | have subsequent felony conviction records sealed as | ||||||
18 | provided in this subsection (c) if he or she is convicted | ||||||
19 | of any felony offense after the date of the sealing of | ||||||
20 | prior felony convictions as provided in this subsection | ||||||
21 | (c). The court may, upon conviction for a subsequent | ||||||
22 | felony offense, order the unsealing of prior felony | ||||||
23 | conviction records previously ordered sealed by the court. | ||||||
24 | (5) Notice of eligibility for sealing. Upon entry of a | ||||||
25 | disposition for an eligible record under this subsection | ||||||
26 | (c), the petitioner shall be informed by the court of the |
| |||||||
| |||||||
1 | right to have the records sealed and the procedures for | ||||||
2 | the sealing of the records. | ||||||
3 | (d) Procedure. The following procedures apply to | ||||||
4 | expungement under subsections (b), (e), and (e-6) and sealing | ||||||
5 | under subsections (c) and (e-5): | ||||||
6 | (1) Filing the petition. Upon becoming eligible to | ||||||
7 | petition for the expungement or sealing of records under | ||||||
8 | this Section, the petitioner shall file a petition | ||||||
9 | requesting the expungement or sealing of records with the | ||||||
10 | clerk of the court where the arrests occurred or the | ||||||
11 | charges were brought, or both. If arrests occurred or | ||||||
12 | charges were brought in multiple jurisdictions, a petition | ||||||
13 | must be filed in each such jurisdiction. The petitioner | ||||||
14 | shall pay the applicable fee, except no fee shall be | ||||||
15 | required if the petitioner has obtained a court order | ||||||
16 | waiving fees under Supreme Court Rule 298 or it is | ||||||
17 | otherwise waived. | ||||||
18 | (1.5) County fee waiver pilot program. From August 9, | ||||||
19 | 2019 (the effective date of Public Act 101-306) through | ||||||
20 | December 31, 2020, in a county of 3,000,000 or more | ||||||
21 | inhabitants, no fee shall be required to be paid by a | ||||||
22 | petitioner if the records sought to be expunged or sealed | ||||||
23 | were arrests resulting in release without charging or | ||||||
24 | arrests or charges not initiated by arrest resulting in | ||||||
25 | acquittal, dismissal, or conviction when the conviction | ||||||
26 | was reversed or vacated, unless excluded by subsection |
| |||||||
| |||||||
1 | (a)(3)(B). The provisions of this paragraph (1.5), other | ||||||
2 | than this sentence, are inoperative on and after January | ||||||
3 | 1, 2022. | ||||||
4 | (2) Contents of petition. The petition shall be | ||||||
5 | verified and shall contain the petitioner's name, date of | ||||||
6 | birth, current address and, for each arrest or charge not | ||||||
7 | initiated by arrest sought to be sealed or expunged, the | ||||||
8 | case number, the date of arrest (if any), the identity of | ||||||
9 | the arresting authority, and such other information as the | ||||||
10 | court may require. During the pendency of the proceeding, | ||||||
11 | the petitioner shall promptly notify the circuit court | ||||||
12 | clerk of any change of his or her address. If the | ||||||
13 | petitioner has received a certificate of eligibility for | ||||||
14 | sealing from the Prisoner Review Board under paragraph | ||||||
15 | (10) of subsection (a) of Section 3-3-2 of the Unified | ||||||
16 | Code of Corrections, the certificate shall be attached to | ||||||
17 | the petition. | ||||||
18 | (3) Drug test. The petitioner must attach to the | ||||||
19 | petition proof that the petitioner has taken within 30 | ||||||
20 | days before the filing of the petition a test showing the | ||||||
21 | absence within his or her body of all illegal substances | ||||||
22 | as defined by the Illinois Controlled Substances Act and | ||||||
23 | the Methamphetamine Control and Community Protection Act | ||||||
24 | if he or she is petitioning to: | ||||||
25 | (A) seal felony records under clause (c)(2)(E); | ||||||
26 | (B) seal felony records for a violation of the |
| |||||||
| |||||||
1 | Illinois Controlled Substances Act, the | ||||||
2 | Methamphetamine Control and Community Protection Act, | ||||||
3 | or the Cannabis Control Act under clause (c)(2)(F); | ||||||
4 | (C) seal felony records under subsection (e-5); or | ||||||
5 | (D) expunge felony records of a qualified | ||||||
6 | probation under clause (b)(1)(iv). | ||||||
7 | (4) Service of petition. The circuit court clerk shall | ||||||
8 | promptly serve a copy of the petition and documentation to | ||||||
9 | support the petition under subsection (e-5) or (e-6) on | ||||||
10 | the State's Attorney or prosecutor charged with the duty | ||||||
11 | of prosecuting the offense, the Illinois State Police, the | ||||||
12 | arresting agency and the chief legal officer of the unit | ||||||
13 | of local government effecting the arrest. | ||||||
14 | (5) Objections. | ||||||
15 | (A) Any party entitled to notice of the petition | ||||||
16 | may file an objection to the petition. All objections | ||||||
17 | shall be in writing, shall be filed with the circuit | ||||||
18 | court clerk, and shall state with specificity the | ||||||
19 | basis of the objection. Whenever a person who has been | ||||||
20 | convicted of an offense is granted a pardon by the | ||||||
21 | Governor which specifically authorizes expungement, an | ||||||
22 | objection to the petition may not be filed. | ||||||
23 | (B) Objections to a petition to expunge or seal | ||||||
24 | must be filed within 60 days of the date of service of | ||||||
25 | the petition. | ||||||
26 | (6) Entry of order. |
| |||||||
| |||||||
1 | (A) The Chief Judge of the circuit wherein the | ||||||
2 | charge was brought, any judge of that circuit | ||||||
3 | designated by the Chief Judge, or in counties of less | ||||||
4 | than 3,000,000 inhabitants, the presiding trial judge | ||||||
5 | at the petitioner's trial, if any, shall rule on the | ||||||
6 | petition to expunge or seal as set forth in this | ||||||
7 | subsection (d)(6). | ||||||
8 | (B) Unless the State's Attorney or prosecutor, the | ||||||
9 | Illinois State Police, the arresting agency, or the | ||||||
10 | chief legal officer files an objection to the petition | ||||||
11 | to expunge or seal within 60 days from the date of | ||||||
12 | service of the petition, the court shall enter an | ||||||
13 | order granting or denying the petition. | ||||||
14 | (C) Notwithstanding any other provision of law, | ||||||
15 | the court shall not deny a petition for sealing under | ||||||
16 | this Section because the petitioner has not satisfied | ||||||
17 | an outstanding legal financial obligation established, | ||||||
18 | imposed, or originated by a court, law enforcement | ||||||
19 | agency, or a municipal, State, county, or other unit | ||||||
20 | of local government, including, but not limited to, | ||||||
21 | any cost, assessment, fine, or fee. An outstanding | ||||||
22 | legal financial obligation does not include any court | ||||||
23 | ordered restitution to a victim under Section 5-5-6 of | ||||||
24 | the Unified Code of Corrections, unless the | ||||||
25 | restitution has been converted to a civil judgment. | ||||||
26 | Nothing in this subparagraph (C) waives, rescinds, or |
| |||||||
| |||||||
1 | abrogates a legal financial obligation or otherwise | ||||||
2 | eliminates or affects the right of the holder of any | ||||||
3 | financial obligation to pursue collection under | ||||||
4 | applicable federal, State, or local law. | ||||||
5 | (D) Notwithstanding any other provision of law, | ||||||
6 | the court shall not deny a petition to expunge or seal | ||||||
7 | under this Section because the petitioner has | ||||||
8 | submitted a drug test taken within 30 days before the | ||||||
9 | filing of the petition to expunge or seal that | ||||||
10 | indicates a positive test for the presence of cannabis | ||||||
11 | within the petitioner's body. In this subparagraph | ||||||
12 | (D), "cannabis" has the meaning ascribed to it in | ||||||
13 | Section 3 of the Cannabis Control Act. | ||||||
14 | (7) Hearings. If an objection is filed, the court | ||||||
15 | shall set a date for a hearing and notify the petitioner | ||||||
16 | and all parties entitled to notice of the petition of the | ||||||
17 | hearing date at least 30 days prior to the hearing. Prior | ||||||
18 | to the hearing, the State's Attorney shall consult with | ||||||
19 | the Illinois State Police as to the appropriateness of the | ||||||
20 | relief sought in the petition to expunge or seal. At the | ||||||
21 | hearing, the court shall hear evidence on whether the | ||||||
22 | petition should or should not be granted, and shall grant | ||||||
23 | or deny the petition to expunge or seal the records based | ||||||
24 | on the evidence presented at the hearing. The court may | ||||||
25 | consider the following: | ||||||
26 | (A) the strength of the evidence supporting the |
| |||||||
| |||||||
1 | defendant's conviction; | ||||||
2 | (B) the reasons for retention of the conviction | ||||||
3 | records by the State; | ||||||
4 | (C) the petitioner's age, criminal record history, | ||||||
5 | and employment history; | ||||||
6 | (D) the period of time between the petitioner's | ||||||
7 | arrest on the charge resulting in the conviction and | ||||||
8 | the filing of the petition under this Section; and | ||||||
9 | (E) the specific adverse consequences the | ||||||
10 | petitioner may be subject to if the petition is | ||||||
11 | denied. | ||||||
12 | (8) Service of order. After entering an order to | ||||||
13 | expunge or seal records, the court must provide copies of | ||||||
14 | the order to the Illinois State Police, in a form and | ||||||
15 | manner prescribed by the Illinois State Police, to the | ||||||
16 | petitioner, to the State's Attorney or prosecutor charged | ||||||
17 | with the duty of prosecuting the offense, to the arresting | ||||||
18 | agency, to the chief legal officer of the unit of local | ||||||
19 | government effecting the arrest, and to such other | ||||||
20 | criminal justice agencies as may be ordered by the court. | ||||||
21 | (9) Implementation of order. | ||||||
22 | (A) Upon entry of an order to expunge records | ||||||
23 | pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or | ||||||
24 | both: | ||||||
25 | (i) the records shall be expunged (as defined | ||||||
26 | in subsection (a)(1)(E)) by the arresting agency, |
| |||||||
| |||||||
1 | the Illinois State Police, and any other agency as | ||||||
2 | ordered by the court, within 60 days of the date of | ||||||
3 | service of the order, unless a motion to vacate, | ||||||
4 | modify, or reconsider the order is filed pursuant | ||||||
5 | to paragraph (12) of subsection (d) of this | ||||||
6 | Section; | ||||||
7 | (ii) the records of the circuit court clerk | ||||||
8 | shall be impounded until further order of the | ||||||
9 | court upon good cause shown and the name of the | ||||||
10 | petitioner obliterated on the official index | ||||||
11 | required to be kept by the circuit court clerk | ||||||
12 | under Section 16 of the Clerks of Courts Act, but | ||||||
13 | the order shall not affect any index issued by the | ||||||
14 | circuit court clerk before the entry of the order; | ||||||
15 | and | ||||||
16 | (iii) in response to an inquiry for expunged | ||||||
17 | records, the court, the Illinois State Police, or | ||||||
18 | the agency receiving such inquiry, shall reply as | ||||||
19 | it does in response to inquiries when no records | ||||||
20 | ever existed. | ||||||
21 | (B) Upon entry of an order to expunge records | ||||||
22 | pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or | ||||||
23 | both: | ||||||
24 | (i) the records shall be expunged (as defined | ||||||
25 | in subsection (a)(1)(E)) by the arresting agency | ||||||
26 | and any other agency as ordered by the court, |
| |||||||
| |||||||
1 | within 60 days of the date of service of the order, | ||||||
2 | unless a motion to vacate, modify, or reconsider | ||||||
3 | the order is filed pursuant to paragraph (12) of | ||||||
4 | subsection (d) of this Section; | ||||||
5 | (ii) the records of the circuit court clerk | ||||||
6 | shall be impounded until further order of the | ||||||
7 | court upon good cause shown and the name of the | ||||||
8 | petitioner obliterated on the official index | ||||||
9 | required to be kept by the circuit court clerk | ||||||
10 | under Section 16 of the Clerks of Courts Act, but | ||||||
11 | the order shall not affect any index issued by the | ||||||
12 | circuit court clerk before the entry of the order; | ||||||
13 | (iii) the records shall be impounded by the | ||||||
14 | Illinois State Police within 60 days of the date | ||||||
15 | of service of the order as ordered by the court, | ||||||
16 | unless a motion to vacate, modify, or reconsider | ||||||
17 | the order is filed pursuant to paragraph (12) of | ||||||
18 | subsection (d) of this Section; | ||||||
19 | (iv) records impounded by the Illinois State | ||||||
20 | Police may be disseminated by the Illinois State | ||||||
21 | Police only as required by law or to the arresting | ||||||
22 | authority, the State's Attorney, and the court | ||||||
23 | upon a later arrest for the same or a similar | ||||||
24 | offense or for the purpose of sentencing for any | ||||||
25 | subsequent felony, and to the Department of | ||||||
26 | Corrections upon conviction for any offense; and |
| |||||||
| |||||||
1 | (v) in response to an inquiry for such records | ||||||
2 | from anyone not authorized by law to access such | ||||||
3 | records, the court, the Illinois State Police, or | ||||||
4 | the agency receiving such inquiry shall reply as | ||||||
5 | it does in response to inquiries when no records | ||||||
6 | ever existed. | ||||||
7 | (B-5) Upon entry of an order to expunge records | ||||||
8 | under subsection (e-6): | ||||||
9 | (i) the records shall be expunged (as defined | ||||||
10 | in subsection (a)(1)(E)) by the arresting agency | ||||||
11 | and any other agency as ordered by the court, | ||||||
12 | within 60 days of the date of service of the order, | ||||||
13 | unless a motion to vacate, modify, or reconsider | ||||||
14 | the order is filed under paragraph (12) of | ||||||
15 | subsection (d) of this Section; | ||||||
16 | (ii) the records of the circuit court clerk | ||||||
17 | shall be impounded until further order of the | ||||||
18 | court upon good cause shown and the name of the | ||||||
19 | petitioner obliterated on the official index | ||||||
20 | required to be kept by the circuit court clerk | ||||||
21 | under Section 16 of the Clerks of Courts Act, but | ||||||
22 | the order shall not affect any index issued by the | ||||||
23 | circuit court clerk before the entry of the order; | ||||||
24 | (iii) the records shall be impounded by the | ||||||
25 | Illinois State Police within 60 days of the date | ||||||
26 | of service of the order as ordered by the court, |
| |||||||
| |||||||
1 | unless a motion to vacate, modify, or reconsider | ||||||
2 | the order is filed under paragraph (12) of | ||||||
3 | subsection (d) of this Section; | ||||||
4 | (iv) records impounded by the Illinois State | ||||||
5 | Police may be disseminated by the Illinois State | ||||||
6 | Police only as required by law or to the arresting | ||||||
7 | authority, the State's Attorney, and the court | ||||||
8 | upon a later arrest for the same or a similar | ||||||
9 | offense or for the purpose of sentencing for any | ||||||
10 | subsequent felony, and to the Department of | ||||||
11 | Corrections upon conviction for any offense; and | ||||||
12 | (v) in response to an inquiry for these | ||||||
13 | records from anyone not authorized by law to | ||||||
14 | access the records, the court, the Illinois State | ||||||
15 | Police, or the agency receiving the inquiry shall | ||||||
16 | reply as it does in response to inquiries when no | ||||||
17 | records ever existed. | ||||||
18 | (C) Upon entry of an order to seal records under | ||||||
19 | subsection (c), the arresting agency, any other agency | ||||||
20 | as ordered by the court, the Illinois State Police, | ||||||
21 | and the court shall seal the records (as defined in | ||||||
22 | subsection (a)(1)(K)). In response to an inquiry for | ||||||
23 | such records, from anyone not authorized by law to | ||||||
24 | access such records, the court, the Illinois State | ||||||
25 | Police, or the agency receiving such inquiry shall | ||||||
26 | reply as it does in response to inquiries when no |
| |||||||
| |||||||
1 | records ever existed. | ||||||
2 | (D) The Illinois State Police shall send written | ||||||
3 | notice to the petitioner of its compliance with each | ||||||
4 | order to expunge or seal records within 60 days of the | ||||||
5 | date of service of that order or, if a motion to | ||||||
6 | vacate, modify, or reconsider is filed, within 60 days | ||||||
7 | of service of the order resolving the motion, if that | ||||||
8 | order requires the Illinois State Police to expunge or | ||||||
9 | seal records. In the event of an appeal from the | ||||||
10 | circuit court order, the Illinois State Police shall | ||||||
11 | send written notice to the petitioner of its | ||||||
12 | compliance with an Appellate Court or Supreme Court | ||||||
13 | judgment to expunge or seal records within 60 days of | ||||||
14 | the issuance of the court's mandate. The notice is not | ||||||
15 | required while any motion to vacate, modify, or | ||||||
16 | reconsider, or any appeal or petition for | ||||||
17 | discretionary appellate review, is pending. | ||||||
18 | (E) Upon motion, the court may order that a sealed | ||||||
19 | judgment or other court record necessary to | ||||||
20 | demonstrate the amount of any legal financial | ||||||
21 | obligation due and owing be made available for the | ||||||
22 | limited purpose of collecting any legal financial | ||||||
23 | obligations owed by the petitioner that were | ||||||
24 | established, imposed, or originated in the criminal | ||||||
25 | proceeding for which those records have been sealed. | ||||||
26 | The records made available under this subparagraph (E) |
| |||||||
| |||||||
1 | shall not be entered into the official index required | ||||||
2 | to be kept by the circuit court clerk under Section 16 | ||||||
3 | of the Clerks of Courts Act and shall be immediately | ||||||
4 | re-impounded upon the collection of the outstanding | ||||||
5 | financial obligations. | ||||||
6 | (F) Notwithstanding any other provision of this | ||||||
7 | Section, a circuit court clerk may access a sealed | ||||||
8 | record for the limited purpose of collecting payment | ||||||
9 | for any legal financial obligations that were | ||||||
10 | established, imposed, or originated in the criminal | ||||||
11 | proceedings for which those records have been sealed. | ||||||
12 | (10) Fees. The Illinois State Police may charge the | ||||||
13 | petitioner a fee equivalent to the cost of processing any | ||||||
14 | order to expunge or seal records. Notwithstanding any | ||||||
15 | provision of the Clerks of Courts Act to the contrary, the | ||||||
16 | circuit court clerk may charge a fee equivalent to the | ||||||
17 | cost associated with the sealing or expungement of records | ||||||
18 | by the circuit court clerk. From the total filing fee | ||||||
19 | collected for the petition to seal or expunge, the circuit | ||||||
20 | court clerk shall deposit $10 into the Circuit Court Clerk | ||||||
21 | Operation and Administrative Fund, to be used to offset | ||||||
22 | the costs incurred by the circuit court clerk in | ||||||
23 | performing the additional duties required to serve the | ||||||
24 | petition to seal or expunge on all parties. The circuit | ||||||
25 | court clerk shall collect and remit the Illinois State | ||||||
26 | Police portion of the fee to the State Treasurer and it |
| |||||||
| |||||||
1 | shall be deposited in the State Police Services Fund. If | ||||||
2 | the record brought under an expungement petition was | ||||||
3 | previously sealed under this Section, the fee for the | ||||||
4 | expungement petition for that same record shall be waived. | ||||||
5 | (11) Final Order. No court order issued under the | ||||||
6 | expungement or sealing provisions of this Section shall | ||||||
7 | become final for purposes of appeal until 30 days after | ||||||
8 | service of the order on the petitioner and all parties | ||||||
9 | entitled to notice of the petition. | ||||||
10 | (12) Motion to Vacate, Modify, or Reconsider. Under | ||||||
11 | Section 2-1203 of the Code of Civil Procedure, the | ||||||
12 | petitioner or any party entitled to notice may file a | ||||||
13 | motion to vacate, modify, or reconsider the order granting | ||||||
14 | or denying the petition to expunge or seal within 60 days | ||||||
15 | of service of the order. If filed more than 60 days after | ||||||
16 | service of the order, a petition to vacate, modify, or | ||||||
17 | reconsider shall comply with subsection (c) of Section | ||||||
18 | 2-1401 of the Code of Civil Procedure. Upon filing of a | ||||||
19 | motion to vacate, modify, or reconsider, notice of the | ||||||
20 | motion shall be served upon the petitioner and all parties | ||||||
21 | entitled to notice of the petition. | ||||||
22 | (13) Effect of Order. An order granting a petition | ||||||
23 | under the expungement or sealing provisions of this | ||||||
24 | Section shall not be considered void because it fails to | ||||||
25 | comply with the provisions of this Section or because of | ||||||
26 | any error asserted in a motion to vacate, modify, or |
| |||||||
| |||||||
1 | reconsider. The circuit court retains jurisdiction to | ||||||
2 | determine whether the order is voidable and to vacate, | ||||||
3 | modify, or reconsider its terms based on a motion filed | ||||||
4 | under paragraph (12) of this subsection (d). | ||||||
5 | (14) Compliance with Order Granting Petition to Seal | ||||||
6 | Records. Unless a court has entered a stay of an order | ||||||
7 | granting a petition to seal, all parties entitled to | ||||||
8 | notice of the petition must fully comply with the terms of | ||||||
9 | the order within 60 days of service of the order even if a | ||||||
10 | party is seeking relief from the order through a motion | ||||||
11 | filed under paragraph (12) of this subsection (d) or is | ||||||
12 | appealing the order. | ||||||
13 | (15) Compliance with Order Granting Petition to | ||||||
14 | Expunge Records. While a party is seeking relief from the | ||||||
15 | order granting the petition to expunge through a motion | ||||||
16 | filed under paragraph (12) of this subsection (d) or is | ||||||
17 | appealing the order, and unless a court has entered a stay | ||||||
18 | of that order, the parties entitled to notice of the | ||||||
19 | petition must seal, but need not expunge, the records | ||||||
20 | until there is a final order on the motion for relief or, | ||||||
21 | in the case of an appeal, the issuance of that court's | ||||||
22 | mandate. | ||||||
23 | (16) The changes to this subsection (d) made by Public | ||||||
24 | Act 98-163 apply to all petitions pending on August 5, | ||||||
25 | 2013 (the effective date of Public Act 98-163) and to all | ||||||
26 | orders ruling on a petition to expunge or seal on or after |
| |||||||
| |||||||
1 | August 5, 2013 (the effective date of Public Act 98-163). | ||||||
2 | (e) Whenever a person who has been convicted of an offense | ||||||
3 | is granted a pardon by the Governor which specifically | ||||||
4 | authorizes expungement, he or she may, upon verified petition | ||||||
5 | to the Chief Judge of the circuit where the person had been | ||||||
6 | convicted, any judge of the circuit designated by the Chief | ||||||
7 | Judge, or in counties of less than 3,000,000 inhabitants, the | ||||||
8 | presiding trial judge at the defendant's trial, have a court | ||||||
9 | order entered expunging the record of arrest from the official | ||||||
10 | records of the arresting authority and order that the records | ||||||
11 | of the circuit court clerk and the Illinois State Police be | ||||||
12 | sealed until further order of the court upon good cause shown | ||||||
13 | or as otherwise provided herein, and the name of the defendant | ||||||
14 | obliterated from the official index requested to be kept by | ||||||
15 | the circuit court clerk under Section 16 of the Clerks of | ||||||
16 | Courts Act in connection with the arrest and conviction for | ||||||
17 | the offense for which he or she had been pardoned but the order | ||||||
18 | shall not affect any index issued by the circuit court clerk | ||||||
19 | before the entry of the order. All records sealed by the | ||||||
20 | Illinois State Police may be disseminated by the Illinois | ||||||
21 | State Police only to the arresting authority, the State's | ||||||
22 | Attorney, and the court upon a later arrest for the same or | ||||||
23 | similar offense or for the purpose of sentencing for any | ||||||
24 | subsequent felony. Upon conviction for any subsequent offense, | ||||||
25 | the Department of Corrections shall have access to all sealed | ||||||
26 | records of the Illinois State Police pertaining to that |
| |||||||
| |||||||
1 | individual. Upon entry of the order of expungement, the | ||||||
2 | circuit court clerk shall promptly mail a copy of the order to | ||||||
3 | the person who was pardoned. | ||||||
4 | (e-5) Whenever a person who has been convicted of an | ||||||
5 | offense is granted a certificate of eligibility for sealing by | ||||||
6 | the Prisoner Review Board which specifically authorizes | ||||||
7 | sealing, he or she may, upon verified petition to the Chief | ||||||
8 | Judge of the circuit where the person had been convicted, any | ||||||
9 | judge of the circuit designated by the Chief Judge, or in | ||||||
10 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
11 | trial judge at the petitioner's trial, have a court order | ||||||
12 | entered sealing the record of arrest from the official records | ||||||
13 | of the arresting authority and order that the records of the | ||||||
14 | circuit court clerk and the Illinois State Police be sealed | ||||||
15 | until further order of the court upon good cause shown or as | ||||||
16 | otherwise provided herein, and the name of the petitioner | ||||||
17 | obliterated from the official index requested to be kept by | ||||||
18 | the circuit court clerk under Section 16 of the Clerks of | ||||||
19 | Courts Act in connection with the arrest and conviction for | ||||||
20 | the offense for which he or she had been granted the | ||||||
21 | certificate but the order shall not affect any index issued by | ||||||
22 | the circuit court clerk before the entry of the order. All | ||||||
23 | records sealed by the Illinois State Police may be | ||||||
24 | disseminated by the Illinois State Police only as required by | ||||||
25 | this Act or to the arresting authority, a law enforcement | ||||||
26 | agency, the State's Attorney, and the court upon a later |
| |||||||
| |||||||
1 | arrest for the same or similar offense or for the purpose of | ||||||
2 | sentencing for any subsequent felony. Upon conviction for any | ||||||
3 | subsequent offense, the Department of Corrections shall have | ||||||
4 | access to all sealed records of the Illinois State Police | ||||||
5 | pertaining to that individual. Upon entry of the order of | ||||||
6 | sealing, the circuit court clerk shall promptly mail a copy of | ||||||
7 | the order to the person who was granted the certificate of | ||||||
8 | eligibility for sealing. | ||||||
9 | (e-6) Whenever a person who has been convicted of an | ||||||
10 | offense is granted a certificate of eligibility for | ||||||
11 | expungement by the Prisoner Review Board which specifically | ||||||
12 | authorizes expungement, he or she may, upon verified petition | ||||||
13 | to the Chief Judge of the circuit where the person had been | ||||||
14 | convicted, any judge of the circuit designated by the Chief | ||||||
15 | Judge, or in counties of less than 3,000,000 inhabitants, the | ||||||
16 | presiding trial judge at the petitioner's trial, have a court | ||||||
17 | order entered expunging the record of arrest from the official | ||||||
18 | records of the arresting authority and order that the records | ||||||
19 | of the circuit court clerk and the Illinois State Police be | ||||||
20 | sealed until further order of the court upon good cause shown | ||||||
21 | or as otherwise provided herein, and the name of the | ||||||
22 | petitioner obliterated from the official index requested to be | ||||||
23 | kept by the circuit court clerk under Section 16 of the Clerks | ||||||
24 | of Courts Act in connection with the arrest and conviction for | ||||||
25 | the offense for which he or she had been granted the | ||||||
26 | certificate but the order shall not affect any index issued by |
| |||||||
| |||||||
1 | the circuit court clerk before the entry of the order. All | ||||||
2 | records sealed by the Illinois State Police may be | ||||||
3 | disseminated by the Illinois State Police only as required by | ||||||
4 | this Act or to the arresting authority, a law enforcement | ||||||
5 | agency, the State's Attorney, and the court upon a later | ||||||
6 | arrest for the same or similar offense or for the purpose of | ||||||
7 | sentencing for any subsequent felony. Upon conviction for any | ||||||
8 | subsequent offense, the Department of Corrections shall have | ||||||
9 | access to all expunged records of the Illinois State Police | ||||||
10 | pertaining to that individual. Upon entry of the order of | ||||||
11 | expungement, the circuit court clerk shall promptly mail a | ||||||
12 | copy of the order to the person who was granted the certificate | ||||||
13 | of eligibility for expungement. | ||||||
14 | (f) Subject to available funding, the Illinois Department | ||||||
15 | of Corrections shall conduct a study of the impact of sealing, | ||||||
16 | especially on employment and recidivism rates, utilizing a | ||||||
17 | random sample of those who apply for the sealing of their | ||||||
18 | criminal records under Public Act 93-211. At the request of | ||||||
19 | the Illinois Department of Corrections, records of the | ||||||
20 | Illinois Department of Employment Security shall be utilized | ||||||
21 | as appropriate to assist in the study. The study shall not | ||||||
22 | disclose any data in a manner that would allow the | ||||||
23 | identification of any particular individual or employing unit. | ||||||
24 | The study shall be made available to the General Assembly no | ||||||
25 | later than September 1, 2010. | ||||||
26 | (g) Immediate Sealing. |
| |||||||
| |||||||
1 | (1) Applicability. Notwithstanding any other provision | ||||||
2 | of this Act to the contrary, and cumulative with any | ||||||
3 | rights to expungement or sealing of criminal records, this | ||||||
4 | subsection authorizes the immediate sealing of criminal | ||||||
5 | records of adults and of minors prosecuted as adults. | ||||||
6 | (2) Eligible Records. Arrests or charges not initiated | ||||||
7 | by arrest resulting in acquittal or dismissal with | ||||||
8 | prejudice, except as excluded by subsection (a)(3)(B), | ||||||
9 | that occur on or after January 1, 2018 (the effective date | ||||||
10 | of Public Act 100-282), may be sealed immediately if the | ||||||
11 | petition is filed with the circuit court clerk on the same | ||||||
12 | day and during the same hearing in which the case is | ||||||
13 | disposed. | ||||||
14 | (3) When Records are Eligible to be Immediately | ||||||
15 | Sealed. Eligible records under paragraph (2) of this | ||||||
16 | subsection (g) may be sealed immediately after entry of | ||||||
17 | the final disposition of a case, notwithstanding the | ||||||
18 | disposition of other charges in the same case. | ||||||
19 | (4) Notice of Eligibility for Immediate Sealing. Upon | ||||||
20 | entry of a disposition for an eligible record under this | ||||||
21 | subsection (g), the defendant shall be informed by the | ||||||
22 | court of his or her right to have eligible records | ||||||
23 | immediately sealed and the procedure for the immediate | ||||||
24 | sealing of these records. | ||||||
25 | (5) Procedure. The following procedures apply to | ||||||
26 | immediate sealing under this subsection (g). |
| |||||||
| |||||||
1 | (A) Filing the Petition. Upon entry of the final | ||||||
2 | disposition of the case, the defendant's attorney may | ||||||
3 | immediately petition the court, on behalf of the | ||||||
4 | defendant, for immediate sealing of eligible records | ||||||
5 | under paragraph (2) of this subsection (g) that are | ||||||
6 | entered on or after January 1, 2018 (the effective | ||||||
7 | date of Public Act 100-282). The immediate sealing | ||||||
8 | petition may be filed with the circuit court clerk | ||||||
9 | during the hearing in which the final disposition of | ||||||
10 | the case is entered. If the defendant's attorney does | ||||||
11 | not file the petition for immediate sealing during the | ||||||
12 | hearing, the defendant may file a petition for sealing | ||||||
13 | at any time as authorized under subsection (c)(3)(A). | ||||||
14 | (B) Contents of Petition. The immediate sealing | ||||||
15 | petition shall be verified and shall contain the | ||||||
16 | petitioner's name, date of birth, current address, and | ||||||
17 | for each eligible record, the case number, the date of | ||||||
18 | arrest if applicable, the identity of the arresting | ||||||
19 | authority if applicable, and other information as the | ||||||
20 | court may require. | ||||||
21 | (C) Drug Test. The petitioner shall not be | ||||||
22 | required to attach proof that he or she has passed a | ||||||
23 | drug test. | ||||||
24 | (D) Service of Petition. A copy of the petition | ||||||
25 | shall be served on the State's Attorney in open court. | ||||||
26 | The petitioner shall not be required to serve a copy of |
| |||||||
| |||||||
1 | the petition on any other agency. | ||||||
2 | (E) Entry of Order. The presiding trial judge | ||||||
3 | shall enter an order granting or denying the petition | ||||||
4 | for immediate sealing during the hearing in which it | ||||||
5 | is filed. Petitions for immediate sealing shall be | ||||||
6 | ruled on in the same hearing in which the final | ||||||
7 | disposition of the case is entered. | ||||||
8 | (F) Hearings. The court shall hear the petition | ||||||
9 | for immediate sealing on the same day and during the | ||||||
10 | same hearing in which the disposition is rendered. | ||||||
11 | (G) Service of Order. An order to immediately seal | ||||||
12 | eligible records shall be served in conformance with | ||||||
13 | subsection (d)(8). | ||||||
14 | (H) Implementation of Order. An order to | ||||||
15 | immediately seal records shall be implemented in | ||||||
16 | conformance with subsections (d)(9)(C) and (d)(9)(D). | ||||||
17 | (I) Fees. The fee imposed by the circuit court | ||||||
18 | clerk and the Illinois State Police shall comply with | ||||||
19 | paragraph (1) of subsection (d) of this Section. | ||||||
20 | (J) Final Order. No court order issued under this | ||||||
21 | subsection (g) shall become final for purposes of | ||||||
22 | appeal until 30 days after service of the order on the | ||||||
23 | petitioner and all parties entitled to service of the | ||||||
24 | order in conformance with subsection (d)(8). | ||||||
25 | (K) Motion to Vacate, Modify, or Reconsider. Under | ||||||
26 | Section 2-1203 of the Code of Civil Procedure, the |
| |||||||
| |||||||
1 | petitioner, State's Attorney, or the Illinois State | ||||||
2 | Police may file a motion to vacate, modify, or | ||||||
3 | reconsider the order denying the petition to | ||||||
4 | immediately seal within 60 days of service of the | ||||||
5 | order. If filed more than 60 days after service of the | ||||||
6 | order, a petition to vacate, modify, or reconsider | ||||||
7 | shall comply with subsection (c) of Section 2-1401 of | ||||||
8 | the Code of Civil Procedure. | ||||||
9 | (L) Effect of Order. An order granting an | ||||||
10 | immediate sealing petition shall not be considered | ||||||
11 | void because it fails to comply with the provisions of | ||||||
12 | this Section or because of an error asserted in a | ||||||
13 | motion to vacate, modify, or reconsider. The circuit | ||||||
14 | court retains jurisdiction to determine whether the | ||||||
15 | order is voidable, and to vacate, modify, or | ||||||
16 | reconsider its terms based on a motion filed under | ||||||
17 | subparagraph (L) of this subsection (g). | ||||||
18 | (M) Compliance with Order Granting Petition to | ||||||
19 | Seal Records. Unless a court has entered a stay of an | ||||||
20 | order granting a petition to immediately seal, all | ||||||
21 | parties entitled to service of the order must fully | ||||||
22 | comply with the terms of the order within 60 days of | ||||||
23 | service of the order. | ||||||
24 | (h) Sealing or vacation and expungement of trafficking | ||||||
25 | victims' crimes. | ||||||
26 | (1) A trafficking victim, as defined by paragraph (10) |
| |||||||
| |||||||
1 | of subsection (a) of Section 10-9 of the Criminal Code of | ||||||
2 | 2012, may petition for vacation and expungement or | ||||||
3 | immediate sealing of his or her criminal record upon the | ||||||
4 | completion of his or her last sentence if his or her | ||||||
5 | participation in the underlying offense was a result of | ||||||
6 | human trafficking under Section 10-9 of the Criminal Code | ||||||
7 | of 2012 or a severe form of trafficking under the federal | ||||||
8 | Trafficking Victims Protection Act. | ||||||
9 | (1.5) A petition under paragraph (1) shall be | ||||||
10 | prepared, signed, and filed in accordance with Supreme | ||||||
11 | Court Rule 9. The court may allow the petitioner to attend | ||||||
12 | any required hearing remotely in accordance with local | ||||||
13 | rules. The court may allow a petition to be filed under | ||||||
14 | seal if the public filing of the petition would constitute | ||||||
15 | a risk of harm to the petitioner. | ||||||
16 | (2) A petitioner under this subsection (h), in | ||||||
17 | addition to the requirements provided under paragraph (4) | ||||||
18 | of subsection (d) of this Section, shall include in his or | ||||||
19 | her petition a clear and concise statement that: (A) he or | ||||||
20 | she was a victim of human trafficking at the time of the | ||||||
21 | offense; and (B) that his or her participation in the | ||||||
22 | offense was a result of human trafficking under Section | ||||||
23 | 10-9 of the Criminal Code of 2012 or a severe form of | ||||||
24 | trafficking under the federal Trafficking Victims | ||||||
25 | Protection Act. | ||||||
26 | (3) If an objection is filed alleging that the |
| |||||||
| |||||||
1 | petitioner is not entitled to vacation and expungement or | ||||||
2 | immediate sealing under this subsection (h), the court | ||||||
3 | shall conduct a hearing under paragraph (7) of subsection | ||||||
4 | (d) of this Section and the court shall determine whether | ||||||
5 | the petitioner is entitled to vacation and expungement or | ||||||
6 | immediate sealing under this subsection (h). A petitioner | ||||||
7 | is eligible for vacation and expungement or immediate | ||||||
8 | relief under this subsection (h) if he or she shows, by a | ||||||
9 | preponderance of the evidence, that: (A) he or she was a | ||||||
10 | victim of human trafficking at the time of the offense; | ||||||
11 | and (B) that his or her participation in the offense was a | ||||||
12 | result of human trafficking under Section 10-9 of the | ||||||
13 | Criminal Code of 2012 or a severe form of trafficking | ||||||
14 | under the federal Trafficking Victims Protection Act. | ||||||
15 | (i) Minor Cannabis Offenses under the Cannabis Control | ||||||
16 | Act. | ||||||
17 | (1) Expungement of Arrest Records of Minor Cannabis | ||||||
18 | Offenses. | ||||||
19 | (A) The Illinois State Police and all law | ||||||
20 | enforcement agencies within the State shall | ||||||
21 | automatically expunge all criminal history records of | ||||||
22 | an arrest, charge not initiated by arrest, order of | ||||||
23 | supervision, or order of qualified probation for a | ||||||
24 | Minor Cannabis Offense committed prior to June 25, | ||||||
25 | 2019 (the effective date of Public Act 101-27) if: | ||||||
26 | (i) One year or more has elapsed since the |
| |||||||
| |||||||
1 | date of the arrest or law enforcement interaction | ||||||
2 | documented in the records; and | ||||||
3 | (ii) No criminal charges were filed relating | ||||||
4 | to the arrest or law enforcement interaction or | ||||||
5 | criminal charges were filed and subsequently | ||||||
6 | dismissed or vacated or the arrestee was | ||||||
7 | acquitted. | ||||||
8 | (B) If the law enforcement agency is unable to | ||||||
9 | verify satisfaction of condition (ii) in paragraph | ||||||
10 | (A), records that satisfy condition (i) in paragraph | ||||||
11 | (A) shall be automatically expunged. | ||||||
12 | (C) Records shall be expunged by the law | ||||||
13 | enforcement agency under the following timelines: | ||||||
14 | (i) Records created prior to June 25, 2019 | ||||||
15 | (the effective date of Public Act 101-27), but on | ||||||
16 | or after January 1, 2013, shall be automatically | ||||||
17 | expunged prior to January 1, 2021; | ||||||
18 | (ii) Records created prior to January 1, 2013, | ||||||
19 | but on or after January 1, 2000, shall be | ||||||
20 | automatically expunged prior to January 1, 2023; | ||||||
21 | (iii) Records created prior to January 1, 2000 | ||||||
22 | shall be automatically expunged prior to January | ||||||
23 | 1, 2025. | ||||||
24 | In response to an inquiry for expunged records, | ||||||
25 | the law enforcement agency receiving such inquiry | ||||||
26 | shall reply as it does in response to inquiries when no |
| |||||||
| |||||||
1 | records ever existed; however, it shall provide a | ||||||
2 | certificate of disposition or confirmation that the | ||||||
3 | record was expunged to the individual whose record was | ||||||
4 | expunged if such a record exists. | ||||||
5 | (D) Nothing in this Section shall be construed to | ||||||
6 | restrict or modify an individual's right to have that | ||||||
7 | individual's records expunged except as otherwise may | ||||||
8 | be provided in this Act, or diminish or abrogate any | ||||||
9 | rights or remedies otherwise available to the | ||||||
10 | individual. | ||||||
11 | (2) Pardons Authorizing Expungement of Minor Cannabis | ||||||
12 | Offenses. | ||||||
13 | (A) Upon June 25, 2019 (the effective date of | ||||||
14 | Public Act 101-27), the Department of State Police | ||||||
15 | shall review all criminal history record information | ||||||
16 | and identify all records that meet all of the | ||||||
17 | following criteria: | ||||||
18 | (i) one or more convictions for a Minor | ||||||
19 | Cannabis Offense; | ||||||
20 | (ii) the conviction identified in paragraph | ||||||
21 | (2)(A)(i) did not include a penalty enhancement | ||||||
22 | under Section 7 of the Cannabis Control Act; and | ||||||
23 | (iii) the conviction identified in paragraph | ||||||
24 | (2)(A)(i) is not associated with a conviction for | ||||||
25 | a violent crime as defined in subsection (c) of | ||||||
26 | Section 3 of the Rights of Crime Victims and |
| |||||||
| |||||||
1 | Witnesses Act. | ||||||
2 | (B) Within 180 days after June 25, 2019 (the | ||||||
3 | effective date of Public Act 101-27), the Department | ||||||
4 | of State Police shall notify the Prisoner Review Board | ||||||
5 | of all such records that meet the criteria established | ||||||
6 | in paragraph (2)(A). | ||||||
7 | (i) The Prisoner Review Board shall notify the | ||||||
8 | State's Attorney of the county of conviction of | ||||||
9 | each record identified by State Police in | ||||||
10 | paragraph (2)(A) that is classified as a Class 4 | ||||||
11 | felony. The State's Attorney may provide a written | ||||||
12 | objection to the Prisoner Review Board on the sole | ||||||
13 | basis that the record identified does not meet the | ||||||
14 | criteria established in paragraph (2)(A). Such an | ||||||
15 | objection must be filed within 60 days or by such | ||||||
16 | later date set by the Prisoner Review Board in the | ||||||
17 | notice after the State's Attorney received notice | ||||||
18 | from the Prisoner Review Board. | ||||||
19 | (ii) In response to a written objection from a | ||||||
20 | State's Attorney, the Prisoner Review Board is | ||||||
21 | authorized to conduct a non-public hearing to | ||||||
22 | evaluate the information provided in the | ||||||
23 | objection. | ||||||
24 | (iii) The Prisoner Review Board shall make a | ||||||
25 | confidential and privileged recommendation to the | ||||||
26 | Governor as to whether to grant a pardon |
| |||||||
| |||||||
1 | authorizing expungement for each of the records | ||||||
2 | identified by the Department of State Police as | ||||||
3 | described in paragraph (2)(A). | ||||||
4 | (C) If an individual has been granted a pardon | ||||||
5 | authorizing expungement as described in this Section, | ||||||
6 | the Prisoner Review Board, through the Attorney | ||||||
7 | General, shall file a petition for expungement with | ||||||
8 | the Chief Judge of the circuit or any judge of the | ||||||
9 | circuit designated by the Chief Judge where the | ||||||
10 | individual had been convicted. Such petition may | ||||||
11 | include more than one individual. Whenever an | ||||||
12 | individual who has been convicted of an offense is | ||||||
13 | granted a pardon by the Governor that specifically | ||||||
14 | authorizes expungement, an objection to the petition | ||||||
15 | may not be filed. Petitions to expunge under this | ||||||
16 | subsection (i) may include more than one individual. | ||||||
17 | Within 90 days of the filing of such a petition, the | ||||||
18 | court shall enter an order expunging the records of | ||||||
19 | arrest from the official records of the arresting | ||||||
20 | authority and order that the records of the circuit | ||||||
21 | court clerk and the Illinois State Police be expunged | ||||||
22 | and the name of the defendant obliterated from the | ||||||
23 | official index requested to be kept by the circuit | ||||||
24 | court clerk under Section 16 of the Clerks of Courts | ||||||
25 | Act in connection with the arrest and conviction for | ||||||
26 | the offense for which the individual had received a |
| |||||||
| |||||||
1 | pardon but the order shall not affect any index issued | ||||||
2 | by the circuit court clerk before the entry of the | ||||||
3 | order. Upon entry of the order of expungement, the | ||||||
4 | circuit court clerk shall promptly provide a copy of | ||||||
5 | the order and a certificate of disposition to the | ||||||
6 | individual who was pardoned to the individual's last | ||||||
7 | known address or by electronic means (if available) or | ||||||
8 | otherwise make it available to the individual upon | ||||||
9 | request. | ||||||
10 | (D) Nothing in this Section is intended to | ||||||
11 | diminish or abrogate any rights or remedies otherwise | ||||||
12 | available to the individual. | ||||||
13 | (3) Any individual may file a motion to vacate and | ||||||
14 | expunge a conviction for a misdemeanor or Class 4 felony | ||||||
15 | violation of Section 4 or Section 5 of the Cannabis | ||||||
16 | Control Act. Motions to vacate and expunge under this | ||||||
17 | subsection (i) may be filed with the circuit court, Chief | ||||||
18 | Judge of a judicial circuit or any judge of the circuit | ||||||
19 | designated by the Chief Judge. The circuit court clerk | ||||||
20 | shall promptly serve a copy of the motion to vacate and | ||||||
21 | expunge, and any supporting documentation, on the State's | ||||||
22 | Attorney or prosecutor charged with the duty of | ||||||
23 | prosecuting the offense. When considering such a motion to | ||||||
24 | vacate and expunge, a court shall consider the following: | ||||||
25 | the reasons to retain the records provided by law | ||||||
26 | enforcement, the petitioner's age, the petitioner's age at |
| |||||||
| |||||||
1 | the time of offense, the time since the conviction, and | ||||||
2 | the specific adverse consequences if denied. An individual | ||||||
3 | may file such a petition after the completion of any | ||||||
4 | non-financial sentence or non-financial condition imposed | ||||||
5 | by the conviction. Within 60 days of the filing of such | ||||||
6 | motion, a State's Attorney may file an objection to such a | ||||||
7 | petition along with supporting evidence. If a motion to | ||||||
8 | vacate and expunge is granted, the records shall be | ||||||
9 | expunged in accordance with subparagraphs (d)(8) and | ||||||
10 | (d)(9)(A) of this Section. An agency providing civil legal | ||||||
11 | aid, as defined by Section 15 of the Public Interest | ||||||
12 | Attorney Assistance Act, assisting individuals seeking to | ||||||
13 | file a motion to vacate and expunge under this subsection | ||||||
14 | may file motions to vacate and expunge with the Chief | ||||||
15 | Judge of a judicial circuit or any judge of the circuit | ||||||
16 | designated by the Chief Judge, and the motion may include | ||||||
17 | more than one individual. Motions filed by an agency | ||||||
18 | providing civil legal aid concerning more than one | ||||||
19 | individual may be prepared, presented, and signed | ||||||
20 | electronically. | ||||||
21 | (4) Any State's Attorney may file a motion to vacate | ||||||
22 | and expunge a conviction for a misdemeanor or Class 4 | ||||||
23 | felony violation of Section 4 or Section 5 of the Cannabis | ||||||
24 | Control Act. Motions to vacate and expunge under this | ||||||
25 | subsection (i) may be filed with the circuit court, Chief | ||||||
26 | Judge of a judicial circuit or any judge of the circuit |
| |||||||
| |||||||
1 | designated by the Chief Judge, and may include more than | ||||||
2 | one individual. Motions filed by a State's Attorney | ||||||
3 | concerning more than one individual may be prepared, | ||||||
4 | presented, and signed electronically. When considering | ||||||
5 | such a motion to vacate and expunge, a court shall | ||||||
6 | consider the following: the reasons to retain the records | ||||||
7 | provided by law enforcement, the individual's age, the | ||||||
8 | individual's age at the time of offense, the time since | ||||||
9 | the conviction, and the specific adverse consequences if | ||||||
10 | denied. Upon entry of an order granting a motion to vacate | ||||||
11 | and expunge records pursuant to this Section, the State's | ||||||
12 | Attorney shall notify the Prisoner Review Board within 30 | ||||||
13 | days. Upon entry of the order of expungement, the circuit | ||||||
14 | court clerk shall promptly provide a copy of the order and | ||||||
15 | a certificate of disposition to the individual whose | ||||||
16 | records will be expunged to the individual's last known | ||||||
17 | address or by electronic means (if available) or otherwise | ||||||
18 | make available to the individual upon request. If a motion | ||||||
19 | to vacate and expunge is granted, the records shall be | ||||||
20 | expunged in accordance with subparagraphs (d)(8) and | ||||||
21 | (d)(9)(A) of this Section. | ||||||
22 | (5) In the public interest, the State's Attorney of a | ||||||
23 | county has standing to file motions to vacate and expunge | ||||||
24 | pursuant to this Section in the circuit court with | ||||||
25 | jurisdiction over the underlying conviction. | ||||||
26 | (6) If a person is arrested for a Minor Cannabis |
| |||||||
| |||||||
1 | Offense as defined in this Section before June 25, 2019 | ||||||
2 | (the effective date of Public Act 101-27) and the person's | ||||||
3 | case is still pending but a sentence has not been imposed, | ||||||
4 | the person may petition the court in which the charges are | ||||||
5 | pending for an order to summarily dismiss those charges | ||||||
6 | against him or her, and expunge all official records of | ||||||
7 | his or her arrest, plea, trial, conviction, incarceration, | ||||||
8 | supervision, or expungement. If the court determines, upon | ||||||
9 | review, that: (A) the person was arrested before June 25, | ||||||
10 | 2019 (the effective date of Public Act 101-27) for an | ||||||
11 | offense that has been made eligible for expungement; (B) | ||||||
12 | the case is pending at the time; and (C) the person has not | ||||||
13 | been sentenced of the minor cannabis violation eligible | ||||||
14 | for expungement under this subsection, the court shall | ||||||
15 | consider the following: the reasons to retain the records | ||||||
16 | provided by law enforcement, the petitioner's age, the | ||||||
17 | petitioner's age at the time of offense, the time since | ||||||
18 | the conviction, and the specific adverse consequences if | ||||||
19 | denied. If a motion to dismiss and expunge is granted, the | ||||||
20 | records shall be expunged in accordance with subparagraph | ||||||
21 | (d)(9)(A) of this Section. | ||||||
22 | (7) A person imprisoned solely as a result of one or | ||||||
23 | more convictions for Minor Cannabis Offenses under this | ||||||
24 | subsection (i) shall be released from incarceration upon | ||||||
25 | the issuance of an order under this subsection. | ||||||
26 | (8) The Illinois State Police shall allow a person to |
| |||||||
| |||||||
1 | use the access and review process, established in the | ||||||
2 | Illinois State Police, for verifying that his or her | ||||||
3 | records relating to Minor Cannabis Offenses of the | ||||||
4 | Cannabis Control Act eligible under this Section have been | ||||||
5 | expunged. | ||||||
6 | (9) No conviction vacated pursuant to this Section | ||||||
7 | shall serve as the basis for damages for time unjustly | ||||||
8 | served as provided in the Court of Claims Act. | ||||||
9 | (10) Effect of Expungement. A person's right to | ||||||
10 | expunge an expungeable offense shall not be limited under | ||||||
11 | this Section. The effect of an order of expungement shall | ||||||
12 | be to restore the person to the status he or she occupied | ||||||
13 | before the arrest, charge, or conviction. | ||||||
14 | (11) Information. The Illinois State Police shall post | ||||||
15 | general information on its website about the expungement | ||||||
16 | process described in this subsection (i). | ||||||
17 | (j) Felony Prostitution Convictions. | ||||||
18 | (1) Automatic Sealing of Felony Prostitution Arrests. | ||||||
19 | (A) The Illinois State Police and local law | ||||||
20 | enforcement agencies within the State shall | ||||||
21 | automatically seal the law enforcement records | ||||||
22 | relating to a person's Class 4 felony arrests and | ||||||
23 | charges not initiated by arrest for prostitution if | ||||||
24 | that arrest or charge not initiated by arrest is | ||||||
25 | eligible for sealing under paragraph (2) of subsection | ||||||
26 | (c). |
| |||||||
| |||||||
1 | (B) In the absence of a court order or upon the | ||||||
2 | order of a court, the clerk of the circuit court shall | ||||||
3 | automatically seal the court records and case files | ||||||
4 | relating to a person's Class 4 felony arrests and | ||||||
5 | charges not initiated by arrest for prostitution if | ||||||
6 | that arrest or charge not initiated by arrest is | ||||||
7 | eligible for sealing under paragraph (2) of subsection | ||||||
8 | (c). | ||||||
9 | (C) The automatic sealing described in this | ||||||
10 | paragraph (1) shall be completed no later than January | ||||||
11 | 1, 2028. | ||||||
12 | (2) Automatic Sealing of Felony Prostitution | ||||||
13 | Convictions. | ||||||
14 | (A) The Illinois State Police and local law | ||||||
15 | enforcement agencies within the State shall | ||||||
16 | automatically seal the law enforcement records | ||||||
17 | relating to a person's Class 4 felony conviction for | ||||||
18 | prostitution if those records are eligible for sealing | ||||||
19 | under paragraph (2) of subsection (c). | ||||||
20 | (B) In the absence of a court order or upon the | ||||||
21 | order of a court, the clerk of the circuit court shall | ||||||
22 | automatically seal the court records relating to a | ||||||
23 | person's Class 4 felony conviction for prostitution if | ||||||
24 | those records are eligible for sealing under paragraph | ||||||
25 | (2) of subsection (c). | ||||||
26 | (C) The automatic sealing of records described in |
| |||||||
| |||||||
1 | this paragraph (2) shall be completed no later than | ||||||
2 | January 1, 2028. | ||||||
3 | (3) Motions to Vacate and Expunge Felony Prostitution | ||||||
4 | Convictions. | ||||||
5 | (1) Any individual may file a motion to vacate and | ||||||
6 | expunge a conviction for a prior Class 4 felony violation | ||||||
7 | of prostitution. Motions to vacate and expunge under this | ||||||
8 | subsection (j) may be filed with the circuit court, Chief | ||||||
9 | Judge of a judicial circuit, or any judge of the circuit | ||||||
10 | designated by the Chief Judge. When considering the motion | ||||||
11 | to vacate and expunge, a court shall consider the | ||||||
12 | following: | ||||||
13 | (A) the reasons to retain the records provided by | ||||||
14 | law enforcement; | ||||||
15 | (B) the petitioner's age; | ||||||
16 | (C) the petitioner's age at the time of offense; | ||||||
17 | and | ||||||
18 | (D) the time since the conviction, and the | ||||||
19 | specific adverse consequences if denied. An individual | ||||||
20 | may file the petition after the completion of any | ||||||
21 | sentence or condition imposed by the conviction. | ||||||
22 | Within 60 days of the filing of the motion, a State's | ||||||
23 | Attorney may file an objection to the petition along | ||||||
24 | with supporting evidence. If a motion to vacate and | ||||||
25 | expunge is granted, the records shall be expunged in | ||||||
26 | accordance with subparagraph (d)(9)(A) of this |
| |||||||
| |||||||
1 | Section. An agency providing civil legal aid, as | ||||||
2 | defined in Section 15 of the Public Interest Attorney | ||||||
3 | Assistance Act, assisting individuals seeking to file | ||||||
4 | a motion to vacate and expunge under this subsection | ||||||
5 | may file motions to vacate and expunge with the Chief | ||||||
6 | Judge of a judicial circuit or any judge of the circuit | ||||||
7 | designated by the Chief Judge, and the motion may | ||||||
8 | include more than one individual. | ||||||
9 | (4) (2) Any State's Attorney may file a motion to | ||||||
10 | vacate and expunge a conviction for a Class 4 felony | ||||||
11 | violation of prostitution. Motions to vacate and expunge | ||||||
12 | under this subsection (j) may be filed with the circuit | ||||||
13 | court, Chief Judge of a judicial circuit, or any judge of | ||||||
14 | the circuit court designated by the Chief Judge, and may | ||||||
15 | include more than one individual. When considering the | ||||||
16 | motion to vacate and expunge, a court shall consider the | ||||||
17 | following reasons: | ||||||
18 | (A) the reasons to retain the records provided by | ||||||
19 | law enforcement; | ||||||
20 | (B) the petitioner's age; | ||||||
21 | (C) the petitioner's age at the time of offense; | ||||||
22 | (D) the time since the conviction; and | ||||||
23 | (E) the specific adverse consequences if denied. | ||||||
24 | If the State's Attorney files a motion to vacate and | ||||||
25 | expunge records for felony prostitution convictions | ||||||
26 | pursuant to this Section, the State's Attorney shall |
| |||||||
| |||||||
1 | notify the Prisoner Review Board within 30 days of the | ||||||
2 | filing. If a motion to vacate and expunge is granted, the | ||||||
3 | records shall be expunged in accordance with subparagraph | ||||||
4 | (d)(9)(A) of this Section. | ||||||
5 | (5) (3) In the public interest, the State's Attorney | ||||||
6 | of a county has standing to file motions to vacate and | ||||||
7 | expunge pursuant to this Section in the circuit court with | ||||||
8 | jurisdiction over the underlying conviction. | ||||||
9 | (6) (4) The Illinois State Police shall allow a person | ||||||
10 | to a use the access and review process, established in the | ||||||
11 | Illinois State Police, for verifying that his or her | ||||||
12 | records relating to felony prostitution eligible under | ||||||
13 | this Section have been expunged. | ||||||
14 | (7) (5) No conviction vacated pursuant to this Section | ||||||
15 | shall serve as the basis for damages for time unjustly | ||||||
16 | served as provided in the Court of Claims Act. | ||||||
17 | (8) (6) Effect of Expungement. A person's right to | ||||||
18 | expunge an expungeable offense shall not be limited under | ||||||
19 | this Section. The effect of an order of expungement shall | ||||||
20 | be to restore the person to the status he or she occupied | ||||||
21 | before the arrest, charge, or conviction. | ||||||
22 | (9) (7) Information. The Illinois State Police shall | ||||||
23 | post general information on its website about the | ||||||
24 | expungement or sealing process described in this | ||||||
25 | subsection (j). | ||||||
26 | (Source: P.A. 102-145, eff. 7-23-21; 102-558, 8-20-21; |
| |||||||
| |||||||
1 | 102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 102-933, eff. | ||||||
2 | 1-1-23; 103-35, eff. 1-1-24; 103-154, eff. 6-30-23 .)
| ||||||
3 | Section 100. The Sex Offender Management Board Act is | ||||||
4 | amended by changing Section 10 as follows:
| ||||||
5 | (20 ILCS 4026/10) | ||||||
6 | Sec. 10. Definitions. In this Act, unless the context | ||||||
7 | otherwise requires: | ||||||
8 | (a) "Board" means the Sex Offender Management Board | ||||||
9 | created in Section 15. | ||||||
10 | (b) "Sex offender" means any person who is convicted or | ||||||
11 | found delinquent in the State of Illinois, or under any | ||||||
12 | substantially similar federal law or law of another state, of | ||||||
13 | any sex offense or attempt of a sex offense as defined in | ||||||
14 | subsection (c) of this Section, or any former statute of this | ||||||
15 | State that defined a felony sex offense, or who has been | ||||||
16 | declared as a sexually dangerous person under the Sexually | ||||||
17 | Dangerous Persons Act or declared a sexually violent person | ||||||
18 | under the Sexually Violent Persons Commitment Act, or any | ||||||
19 | substantially similar federal law or law of another state. | ||||||
20 | (c) "Sex offense" means any felony or misdemeanor offense | ||||||
21 | described in this subsection (c) as follows: | ||||||
22 | (1) indecent solicitation of a child, in violation of | ||||||
23 | Section 11-6 of the Criminal Code of 1961 or the Criminal | ||||||
24 | Code of 2012; |
| |||||||
| |||||||
1 | (2) indecent solicitation of an adult, in violation of | ||||||
2 | Section 11-6.5 of the Criminal Code of 1961 or the | ||||||
3 | Criminal Code of 2012; | ||||||
4 | (3) public indecency, in violation of Section 11-9 or | ||||||
5 | 11-30 of the Criminal Code of 1961 or the Criminal Code of | ||||||
6 | 2012; | ||||||
7 | (4) sexual exploitation of a child, in violation of | ||||||
8 | Section 11-9.1 of the Criminal Code of 1961 or the | ||||||
9 | Criminal Code of 2012; | ||||||
10 | (5) sexual relations within families, in violation of | ||||||
11 | Section 11-11 of the Criminal Code of 1961 or the Criminal | ||||||
12 | Code of 2012; | ||||||
13 | (6) promoting commercial sexual exploitation of a | ||||||
14 | child juvenile prostitution or soliciting for a sexually | ||||||
15 | exploited child juvenile prostitute , in violation of | ||||||
16 | Section 11-14.4 or 11-15.1 of the Criminal Code of 1961 or | ||||||
17 | the Criminal Code of 2012; | ||||||
18 | (7) promoting commercial sexual exploitation of a | ||||||
19 | child juvenile prostitution or keeping a place of | ||||||
20 | commercial sexual exploitation of a child juvenile | ||||||
21 | prostitution , in violation of Section 11-14.4 or 11-17.1 | ||||||
22 | of the Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
23 | (8) patronizing a sexually exploited child juvenile | ||||||
24 | prostitute , in violation of Section 11-18.1 of the | ||||||
25 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
26 | (9) promoting commercial sexual exploitation of a |
| |||||||
| |||||||
1 | child juvenile prostitution or juvenile pimping, in | ||||||
2 | violation of Section 11-14.4 or 11-19.1 of the Criminal | ||||||
3 | Code of 1961 or the Criminal Code of 2012; | ||||||
4 | (10) promoting commercial sexual exploitation of a | ||||||
5 | child juvenile prostitution or exploitation of a child, in | ||||||
6 | violation of Section 11-14.4 or 11-19.2 of the Criminal | ||||||
7 | Code of 1961 or the Criminal Code of 2012; | ||||||
8 | (11) child pornography, in violation of Section | ||||||
9 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
10 | of 2012; | ||||||
11 | (11.5) aggravated child pornography, in violation of | ||||||
12 | Section 11-20.1B or 11-20.3 of the Criminal Code of 1961; | ||||||
13 | (12) harmful material, in violation of Section 11-21 | ||||||
14 | of the Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
15 | (13) criminal sexual assault, in violation of Section | ||||||
16 | 11-1.20 or 12-13 of the Criminal Code of 1961 or the | ||||||
17 | Criminal Code of 2012; | ||||||
18 | (13.5) grooming, in violation of Section 11-25 of the | ||||||
19 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
20 | (14) aggravated criminal sexual assault, in violation | ||||||
21 | of Section 11-1.30 or 12-14 of the Criminal Code of 1961 or | ||||||
22 | the Criminal Code of 2012; | ||||||
23 | (14.5) traveling to meet a minor or traveling to meet | ||||||
24 | a child, in violation of Section 11-26 of the Criminal | ||||||
25 | Code of 1961 or the Criminal Code of 2012; | ||||||
26 | (15) predatory criminal sexual assault of a child, in |
| |||||||
| |||||||
1 | violation of Section 11-1.40 or 12-14.1 of the Criminal | ||||||
2 | Code of 1961 or the Criminal Code of 2012; | ||||||
3 | (16) criminal sexual abuse, in violation of Section | ||||||
4 | 11-1.50 or 12-15 of the Criminal Code of 1961 or the | ||||||
5 | Criminal Code of 2012; | ||||||
6 | (17) aggravated criminal sexual abuse, in violation of | ||||||
7 | Section 11-1.60 or 12-16 of the Criminal Code of 1961 or | ||||||
8 | the Criminal Code of 2012; | ||||||
9 | (18) ritualized abuse of a child, in violation of | ||||||
10 | Section 12-33 of the Criminal Code of 1961 or the Criminal | ||||||
11 | Code of 2012; | ||||||
12 | (19) an attempt to commit any of the offenses | ||||||
13 | enumerated in this subsection (c); or | ||||||
14 | (20) any felony offense under Illinois law that is | ||||||
15 | sexually motivated. | ||||||
16 | (d) "Management" means treatment, and supervision of any | ||||||
17 | sex offender that conforms to the standards created by the | ||||||
18 | Board under Section 15. | ||||||
19 | (e) "Sexually motivated" means one or more of the facts of | ||||||
20 | the underlying offense indicates conduct that is of a sexual | ||||||
21 | nature or that shows an intent to engage in behavior of a | ||||||
22 | sexual nature. | ||||||
23 | (f) "Sex offender evaluator" means a person licensed under | ||||||
24 | the Sex Offender Evaluation and Treatment Provider Act to | ||||||
25 | conduct sex offender evaluations. | ||||||
26 | (g) "Sex offender treatment provider" means a person |
| |||||||
| |||||||
1 | licensed under the Sex Offender Evaluation and Treatment | ||||||
2 | Provider Act to provide sex offender treatment services. | ||||||
3 | (h) "Associate sex offender provider" means a person | ||||||
4 | licensed under the Sex Offender Evaluation and Treatment | ||||||
5 | Provider Act to provide sex offender evaluations and to | ||||||
6 | provide sex offender treatment under the supervision of a | ||||||
7 | licensed sex offender evaluator or a licensed sex offender | ||||||
8 | treatment provider. | ||||||
9 | (Source: P.A. 100-428, eff. 1-1-18 .)
| ||||||
10 | Section 105. The Counties Code is amended by changing | ||||||
11 | Section 5-10008 as follows:
| ||||||
12 | (55 ILCS 5/5-10008) (from Ch. 34, par. 5-10008) | ||||||
13 | Sec. 5-10008. Prohibited persons. It shall be unlawful for | ||||||
14 | any known person engaged in the sex trade prostitute , male or | ||||||
15 | female procurer, vagrant, or intoxicated person to be present | ||||||
16 | at any dance hall or road house licensed under this Division. | ||||||
17 | (Source: P.A. 86-962.)
| ||||||
18 | Section 110. The Private Employment Agency Act is amended | ||||||
19 | by changing Section 10 as follows:
| ||||||
20 | (225 ILCS 515/10) (from Ch. 111, par. 910) | ||||||
21 | Sec. 10. Licensee prohibitions. No licensee shall send or | ||||||
22 | cause to be sent any female help or servants, inmate, or |
| |||||||
| |||||||
1 | performer to enter any questionable place, or place of bad | ||||||
2 | repute, house of ill-fame, or assignation house, or to any | ||||||
3 | house or place of amusement kept for immoral purposes, or | ||||||
4 | place resorted to for the purpose of prostitution or gambling | ||||||
5 | house, the character of which licensee knows either actually | ||||||
6 | or by reputation. | ||||||
7 | No licensee shall permit questionable characters, persons | ||||||
8 | engaged in the sex trade prostitutes , gamblers, intoxicated | ||||||
9 | persons, or procurers to frequent the agency. | ||||||
10 | No licensee shall accept any application for employment | ||||||
11 | made by or on behalf of any child, or shall place or assist in | ||||||
12 | placing any such child in any employment whatever, in | ||||||
13 | violation of the Child Labor Law. A violation of any provision | ||||||
14 | of this Section shall be a Class A misdemeanor. | ||||||
15 | No licensee shall publish or cause to be published any | ||||||
16 | fraudulent or misleading notice or advertisement of its | ||||||
17 | employment agencies by means of cards, circulars, or signs, or | ||||||
18 | in newspapers or other publications; and all letterheads, | ||||||
19 | receipts, and blanks shall contain the full name and address | ||||||
20 | of the employment agency and licensee shall state in all | ||||||
21 | notices and advertisements the fact that licensee is, or | ||||||
22 | conducts, a private employment agency. | ||||||
23 | No licensee shall print, publish, or paint on any sign or | ||||||
24 | window, or insert in any newspaper or publication, a name | ||||||
25 | similar to that of the Illinois Public Employment Office. | ||||||
26 | No licensee shall print or stamp on any receipt or on any |
| |||||||
| |||||||
1 | contract used by that agency any part of this Act, unless the | ||||||
2 | entire Section from which that part is taken is printed or | ||||||
3 | stamped thereon. | ||||||
4 | All written communications sent out by any licensee, | ||||||
5 | directly or indirectly, to any person or firm with regard to | ||||||
6 | employees or employment shall contain therein definite | ||||||
7 | information that such person is a private employment agency. | ||||||
8 | No licensee or his or her employees shall knowingly give | ||||||
9 | any false or misleading information, or make any false or | ||||||
10 | misleading promise to any applicant who shall apply for | ||||||
11 | employment or employees. | ||||||
12 | (Source: P.A. 90-372, eff. 7-1-98.)
| ||||||
13 | Section 115. The Liquor Control Act of 1934 is amended by | ||||||
14 | changing Section 6-2 as follows:
| ||||||
15 | (235 ILCS 5/6-2) (from Ch. 43, par. 120) | ||||||
16 | Sec. 6-2. Issuance of licenses to certain persons | ||||||
17 | prohibited. | ||||||
18 | (a) Except as otherwise provided in subsection (b) of this | ||||||
19 | Section and in paragraph (1) of subsection (a) of Section | ||||||
20 | 3-12, no license of any kind issued by the State Commission or | ||||||
21 | any local commission shall be issued to: | ||||||
22 | (1) A person who is not a resident of any city, village | ||||||
23 | or county in which the premises covered by the license are | ||||||
24 | located; except in case of railroad or boat licenses. |
| |||||||
| |||||||
1 | (2) A person who is not of good character and | ||||||
2 | reputation in the community in which he resides. | ||||||
3 | (3) (Blank). | ||||||
4 | (4) A person who has been convicted of a felony under | ||||||
5 | any Federal or State law, unless the Commission determines | ||||||
6 | that such person will not be impaired by the conviction in | ||||||
7 | engaging in the licensed practice after considering | ||||||
8 | matters set forth in such person's application in | ||||||
9 | accordance with Section 6-2.5 of this Act and the | ||||||
10 | Commission's investigation. | ||||||
11 | (5) A person who has been convicted of keeping a place | ||||||
12 | of prostitution or keeping a place of commercial sexual | ||||||
13 | exploitation of a child juvenile prostitution , promoting | ||||||
14 | prostitution that involves keeping a place of | ||||||
15 | prostitution, or promoting commercial sexual exploitation | ||||||
16 | of a child juvenile prostitution that involves keeping a | ||||||
17 | place of commercial sexual exploitation of a child | ||||||
18 | juvenile prostitution . | ||||||
19 | (6) A person who has been convicted of pandering. | ||||||
20 | (7) A person whose license issued under this Act has | ||||||
21 | been revoked for cause. | ||||||
22 | (8) A person who at the time of application for | ||||||
23 | renewal of any license issued hereunder would not be | ||||||
24 | eligible for such license upon a first application. | ||||||
25 | (9) A copartnership, if any general partnership | ||||||
26 | thereof, or any limited partnership thereof, owning more |
| |||||||
| |||||||
1 | than 5% of the aggregate limited partner interest in such | ||||||
2 | copartnership would not be eligible to receive a license | ||||||
3 | hereunder for any reason other than residence within the | ||||||
4 | political subdivision, unless residency is required by | ||||||
5 | local ordinance. | ||||||
6 | (10) A corporation or limited liability company, if | ||||||
7 | any member, officer, manager or director thereof, or any | ||||||
8 | stockholder or stockholders owning in the aggregate more | ||||||
9 | than 5% of the stock of such corporation, would not be | ||||||
10 | eligible to receive a license hereunder for any reason | ||||||
11 | other than residence within the political subdivision. | ||||||
12 | (10a) A corporation or limited liability company | ||||||
13 | unless it is incorporated or organized in Illinois, or | ||||||
14 | unless it is a foreign corporation or foreign limited | ||||||
15 | liability company which is qualified under the Business | ||||||
16 | Corporation Act of 1983 or the Limited Liability Company | ||||||
17 | Act to transact business in Illinois. The Commission shall | ||||||
18 | permit and accept from an applicant for a license under | ||||||
19 | this Act proof prepared from the Secretary of State's | ||||||
20 | website that the corporation or limited liability company | ||||||
21 | is in good standing and is qualified under the Business | ||||||
22 | Corporation Act of 1983 or the Limited Liability Company | ||||||
23 | Act to transact business in Illinois. | ||||||
24 | (11) A person whose place of business is conducted by | ||||||
25 | a manager or agent unless the manager or agent possesses | ||||||
26 | the same qualifications required by the licensee. |
| |||||||
| |||||||
1 | (12) A person who has been convicted of a violation of | ||||||
2 | any Federal or State law concerning the manufacture, | ||||||
3 | possession or sale of alcoholic liquor, subsequent to the | ||||||
4 | passage of this Act or has forfeited his bond to appear in | ||||||
5 | court to answer charges for any such violation, unless the | ||||||
6 | Commission determines, in accordance with Section 6-2.5 of | ||||||
7 | this Act, that the person will not be impaired by the | ||||||
8 | conviction in engaging in the licensed practice. | ||||||
9 | (13) A person who does not beneficially own the | ||||||
10 | premises for which a license is sought, or does not have a | ||||||
11 | lease thereon for the full period for which the license is | ||||||
12 | to be issued. | ||||||
13 | (14) Any law enforcing public official, including | ||||||
14 | members of local liquor control commissions, any mayor, | ||||||
15 | alderperson, or member of the city council or commission, | ||||||
16 | any president of the village board of trustees, any member | ||||||
17 | of a village board of trustees, or any president or member | ||||||
18 | of a county board; and no such official shall have a direct | ||||||
19 | interest in the manufacture, sale, or distribution of | ||||||
20 | alcoholic liquor, except that a license may be granted to | ||||||
21 | such official in relation to premises that are not located | ||||||
22 | within the territory subject to the jurisdiction of that | ||||||
23 | official if the issuance of such license is approved by | ||||||
24 | the State Liquor Control Commission and except that a | ||||||
25 | license may be granted, in a city or village with a | ||||||
26 | population of 55,000 or less, to any alderperson, member |
| |||||||
| |||||||
1 | of a city council, or member of a village board of trustees | ||||||
2 | in relation to premises that are located within the | ||||||
3 | territory subject to the jurisdiction of that official if | ||||||
4 | (i) the sale of alcoholic liquor pursuant to the license | ||||||
5 | is incidental to the selling of food, (ii) the issuance of | ||||||
6 | the license is approved by the State Commission, (iii) the | ||||||
7 | issuance of the license is in accordance with all | ||||||
8 | applicable local ordinances in effect where the premises | ||||||
9 | are located, and (iv) the official granted a license does | ||||||
10 | not vote on alcoholic liquor issues pending before the | ||||||
11 | board or council to which the license holder is elected. | ||||||
12 | Notwithstanding any provision of this paragraph (14) to | ||||||
13 | the contrary, an alderperson or member of a city council | ||||||
14 | or commission, a member of a village board of trustees | ||||||
15 | other than the president of the village board of trustees, | ||||||
16 | or a member of a county board other than the president of a | ||||||
17 | county board may have a direct interest in the | ||||||
18 | manufacture, sale, or distribution of alcoholic liquor as | ||||||
19 | long as he or she is not a law enforcing public official, a | ||||||
20 | mayor, a village board president, or president of a county | ||||||
21 | board. To prevent any conflict of interest, the elected | ||||||
22 | official with the direct interest in the manufacture, | ||||||
23 | sale, or distribution of alcoholic liquor shall not | ||||||
24 | participate in any meetings, hearings, or decisions on | ||||||
25 | matters impacting the manufacture, sale, or distribution | ||||||
26 | of alcoholic liquor. Furthermore, the mayor of a city with |
| |||||||
| |||||||
1 | a population of 55,000 or less or the president of a | ||||||
2 | village with a population of 55,000 or less may have an | ||||||
3 | interest in the manufacture, sale, or distribution of | ||||||
4 | alcoholic liquor as long as the council or board over | ||||||
5 | which he or she presides has made a local liquor control | ||||||
6 | commissioner appointment that complies with the | ||||||
7 | requirements of Section 4-2 of this Act. | ||||||
8 | (15) A person who is not a beneficial owner of the | ||||||
9 | business to be operated by the licensee. | ||||||
10 | (16) A person who has been convicted of a gambling | ||||||
11 | offense as proscribed by any of subsections (a) (3) | ||||||
12 | through (a) (11) of Section 28-1 of, or as proscribed by | ||||||
13 | Section 28-1.1 or 28-3 of, the Criminal Code of 1961 or the | ||||||
14 | Criminal Code of 2012, or as proscribed by a statute | ||||||
15 | replaced by any of the aforesaid statutory provisions. | ||||||
16 | (17) A person or entity to whom a federal wagering | ||||||
17 | stamp has been issued by the federal government, unless | ||||||
18 | the person or entity is eligible to be issued a license | ||||||
19 | under the Raffles and Poker Runs Act or the Illinois Pull | ||||||
20 | Tabs and Jar Games Act. | ||||||
21 | (18) A person who intends to sell alcoholic liquors | ||||||
22 | for use or consumption on his or her licensed retail | ||||||
23 | premises who does not have liquor liability insurance | ||||||
24 | coverage for that premises in an amount that is at least | ||||||
25 | equal to the maximum liability amounts set out in | ||||||
26 | subsection (a) of Section 6-21. |
| |||||||
| |||||||
1 | (19) A person who is licensed by any licensing | ||||||
2 | authority as a manufacturer of beer, or any partnership, | ||||||
3 | corporation, limited liability company, or trust or any | ||||||
4 | subsidiary, affiliate, or agent thereof, or any other form | ||||||
5 | of business enterprise licensed as a manufacturer of beer, | ||||||
6 | having any legal, equitable, or beneficial interest, | ||||||
7 | directly or indirectly, in a person licensed in this State | ||||||
8 | as a distributor or importing distributor. For purposes of | ||||||
9 | this paragraph (19), a person who is licensed by any | ||||||
10 | licensing authority as a "manufacturer of beer" shall also | ||||||
11 | mean a brewer and a non-resident dealer who is also a | ||||||
12 | manufacturer of beer, including a partnership, | ||||||
13 | corporation, limited liability company, or trust or any | ||||||
14 | subsidiary, affiliate, or agent thereof, or any other form | ||||||
15 | of business enterprise licensed as a manufacturer of beer. | ||||||
16 | (20) A person who is licensed in this State as a | ||||||
17 | distributor or importing distributor, or any partnership, | ||||||
18 | corporation, limited liability company, or trust or any | ||||||
19 | subsidiary, affiliate, or agent thereof, or any other form | ||||||
20 | of business enterprise licensed in this State as a | ||||||
21 | distributor or importing distributor having any legal, | ||||||
22 | equitable, or beneficial interest, directly or indirectly, | ||||||
23 | in a person licensed as a manufacturer of beer by any | ||||||
24 | licensing authority, or any partnership, corporation, | ||||||
25 | limited liability company, or trust or any subsidiary, | ||||||
26 | affiliate, or agent thereof, or any other form of business |
| |||||||
| |||||||
1 | enterprise, except for a person who owns, on or after the | ||||||
2 | effective date of this amendatory Act of the 98th General | ||||||
3 | Assembly, no more than 5% of the outstanding shares of a | ||||||
4 | manufacturer of beer whose shares are publicly traded on | ||||||
5 | an exchange within the meaning of the Securities Exchange | ||||||
6 | Act of 1934. For the purposes of this paragraph (20), a | ||||||
7 | person who is licensed by any licensing authority as a | ||||||
8 | "manufacturer of beer" shall also mean a brewer and a | ||||||
9 | non-resident dealer who is also a manufacturer of beer, | ||||||
10 | including a partnership, corporation, limited liability | ||||||
11 | company, or trust or any subsidiary, affiliate, or agent | ||||||
12 | thereof, or any other form of business enterprise licensed | ||||||
13 | as a manufacturer of beer. | ||||||
14 | (b) A criminal conviction of a corporation is not grounds | ||||||
15 | for the denial, suspension, or revocation of a license applied | ||||||
16 | for or held by the corporation if the criminal conviction was | ||||||
17 | not the result of a violation of any federal or State law | ||||||
18 | concerning the manufacture, possession or sale of alcoholic | ||||||
19 | liquor, the offense that led to the conviction did not result | ||||||
20 | in any financial gain to the corporation and the corporation | ||||||
21 | has terminated its relationship with each director, officer, | ||||||
22 | employee, or controlling shareholder whose actions directly | ||||||
23 | contributed to the conviction of the corporation. The | ||||||
24 | Commission shall determine if all provisions of this | ||||||
25 | subsection (b) have been met before any action on the | ||||||
26 | corporation's license is initiated. |
| |||||||
| |||||||
1 | (Source: P.A. 101-541, eff. 8-23-19; 102-15, eff. 6-17-21.)
| ||||||
2 | Section 120. The Intergovernmental Missing Child Recovery | ||||||
3 | Act of 1984 is amended by changing Section 2 as follows:
| ||||||
4 | (325 ILCS 40/2) (from Ch. 23, par. 2252) | ||||||
5 | Sec. 2. As used in this Act: | ||||||
6 | (a) (Blank). | ||||||
7 | (b) "Director" means the Director of the Illinois State | ||||||
8 | Police. | ||||||
9 | (c) "Unit of local government" is defined as in Article | ||||||
10 | VII, Section 1 of the Illinois Constitution and includes both | ||||||
11 | home rule units and units which are not home rule units. The | ||||||
12 | term is also defined to include all public school districts | ||||||
13 | subject to the provisions of the School Code. | ||||||
14 | (d) "Child" means a person under 21 years of age. | ||||||
15 | (e) A "LEADS terminal" is an interactive computerized | ||||||
16 | communication and processing unit which permits a direct | ||||||
17 | on-line communication with the Illinois State Police's central | ||||||
18 | data repository, the Law Enforcement Agencies Data System | ||||||
19 | (LEADS). | ||||||
20 | (f) A "primary contact agency" means a law enforcement | ||||||
21 | agency which maintains a LEADS terminal, or has immediate | ||||||
22 | access to one on a 24-hour-per-day, 7-day-per-week basis by | ||||||
23 | written agreement with another law enforcement agency. | ||||||
24 | (g) (Blank). |
| |||||||
| |||||||
1 | (h) "Missing child" means any person under 21 years of age | ||||||
2 | whose whereabouts are unknown to his or her parents or legal | ||||||
3 | guardian. | ||||||
4 | (i) "Exploitation" means activities and actions which | ||||||
5 | include, but are not limited to, child pornography, aggravated | ||||||
6 | child pornography, commercial sexual exploitation of a child | ||||||
7 | child prostitution , child sexual abuse, drug and substance | ||||||
8 | abuse by children, and child suicide. | ||||||
9 | (j) (Blank). | ||||||
10 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
11 | Section 125. The Illinois Vehicle Code is amended by | ||||||
12 | changing Section 6-206 as follows:
| ||||||
13 | (625 ILCS 5/6-206) | ||||||
14 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
15 | license or permit; right to a hearing. | ||||||
16 | (a) The Secretary of State is authorized to suspend or | ||||||
17 | revoke the driving privileges of any person without | ||||||
18 | preliminary hearing upon a showing of the person's records or | ||||||
19 | other sufficient evidence that the person: | ||||||
20 | 1. Has committed an offense for which mandatory | ||||||
21 | revocation of a driver's license or permit is required | ||||||
22 | upon conviction; | ||||||
23 | 2. Has been convicted of not less than 3 offenses | ||||||
24 | against traffic regulations governing the movement of |
| |||||||
| |||||||
1 | vehicles committed within any 12-month period. No | ||||||
2 | revocation or suspension shall be entered more than 6 | ||||||
3 | months after the date of last conviction; | ||||||
4 | 3. Has been repeatedly involved as a driver in motor | ||||||
5 | vehicle collisions or has been repeatedly convicted of | ||||||
6 | offenses against laws and ordinances regulating the | ||||||
7 | movement of traffic, to a degree that indicates lack of | ||||||
8 | ability to exercise ordinary and reasonable care in the | ||||||
9 | safe operation of a motor vehicle or disrespect for the | ||||||
10 | traffic laws and the safety of other persons upon the | ||||||
11 | highway; | ||||||
12 | 4. Has by the unlawful operation of a motor vehicle | ||||||
13 | caused or contributed to a crash resulting in injury | ||||||
14 | requiring immediate professional treatment in a medical | ||||||
15 | facility or doctor's office to any person, except that any | ||||||
16 | suspension or revocation imposed by the Secretary of State | ||||||
17 | under the provisions of this subsection shall start no | ||||||
18 | later than 6 months after being convicted of violating a | ||||||
19 | law or ordinance regulating the movement of traffic, which | ||||||
20 | violation is related to the crash, or shall start not more | ||||||
21 | than one year after the date of the crash, whichever date | ||||||
22 | occurs later; | ||||||
23 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
24 | driver's license, identification card, or permit; | ||||||
25 | 6. Has been lawfully convicted of an offense or | ||||||
26 | offenses in another state, including the authorization |
| |||||||
| |||||||
1 | contained in Section 6-203.1, which if committed within | ||||||
2 | this State would be grounds for suspension or revocation; | ||||||
3 | 7. Has refused or failed to submit to an examination | ||||||
4 | provided for by Section 6-207 or has failed to pass the | ||||||
5 | examination; | ||||||
6 | 8. Is ineligible for a driver's license or permit | ||||||
7 | under the provisions of Section 6-103; | ||||||
8 | 9. Has made a false statement or knowingly concealed a | ||||||
9 | material fact or has used false information or | ||||||
10 | identification in any application for a license, | ||||||
11 | identification card, or permit; | ||||||
12 | 10. Has possessed, displayed, or attempted to | ||||||
13 | fraudulently use any license, identification card, or | ||||||
14 | permit not issued to the person; | ||||||
15 | 11. Has operated a motor vehicle upon a highway of | ||||||
16 | this State when the person's driving privilege or | ||||||
17 | privilege to obtain a driver's license or permit was | ||||||
18 | revoked or suspended unless the operation was authorized | ||||||
19 | by a monitoring device driving permit, judicial driving | ||||||
20 | permit issued prior to January 1, 2009, probationary | ||||||
21 | license to drive, or restricted driving permit issued | ||||||
22 | under this Code; | ||||||
23 | 12. Has submitted to any portion of the application | ||||||
24 | process for another person or has obtained the services of | ||||||
25 | another person to submit to any portion of the application | ||||||
26 | process for the purpose of obtaining a license, |
| |||||||
| |||||||
1 | identification card, or permit for some other person; | ||||||
2 | 13. Has operated a motor vehicle upon a highway of | ||||||
3 | this State when the person's driver's license or permit | ||||||
4 | was invalid under the provisions of Sections 6-107.1 and | ||||||
5 | 6-110; | ||||||
6 | 14. Has committed a violation of Section 6-301, | ||||||
7 | 6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or | ||||||
8 | 14B of the Illinois Identification Card Act or a similar | ||||||
9 | offense in another state if, at the time of the offense, | ||||||
10 | the person held an Illinois driver's license or | ||||||
11 | identification card; | ||||||
12 | 15. Has been convicted of violating Section 21-2 of | ||||||
13 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
14 | relating to criminal trespass to vehicles if the person | ||||||
15 | exercised actual physical control over the vehicle during | ||||||
16 | the commission of the offense, in which case the | ||||||
17 | suspension shall be for one year; | ||||||
18 | 16. Has been convicted of violating Section 11-204 of | ||||||
19 | this Code relating to fleeing from a peace officer; | ||||||
20 | 17. Has refused to submit to a test, or tests, as | ||||||
21 | required under Section 11-501.1 of this Code and the | ||||||
22 | person has not sought a hearing as provided for in Section | ||||||
23 | 11-501.1; | ||||||
24 | 18. (Blank); | ||||||
25 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
26 | of Section 6-101 relating to driving without a driver's |
| |||||||
| |||||||
1 | license; | ||||||
2 | 20. Has been convicted of violating Section 6-104 | ||||||
3 | relating to classification of driver's license; | ||||||
4 | 21. Has been convicted of violating Section 11-402 of | ||||||
5 | this Code relating to leaving the scene of a crash | ||||||
6 | resulting in damage to a vehicle in excess of $1,000, in | ||||||
7 | which case the suspension shall be for one year; | ||||||
8 | 22. Has used a motor vehicle in violating paragraph | ||||||
9 | (3), (4), (7), or (9) of subsection (a) of Section 24-1 of | ||||||
10 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
11 | relating to unlawful use of weapons, in which case the | ||||||
12 | suspension shall be for one year; | ||||||
13 | 23. Has, as a driver, been convicted of committing a | ||||||
14 | violation of paragraph (a) of Section 11-502 of this Code | ||||||
15 | for a second or subsequent time within one year of a | ||||||
16 | similar violation; | ||||||
17 | 24. Has been convicted by a court-martial or punished | ||||||
18 | by non-judicial punishment by military authorities of the | ||||||
19 | United States at a military installation in Illinois or in | ||||||
20 | another state of or for a traffic-related offense that is | ||||||
21 | the same as or similar to an offense specified under | ||||||
22 | Section 6-205 or 6-206 of this Code; | ||||||
23 | 25. Has permitted any form of identification to be | ||||||
24 | used by another in the application process in order to | ||||||
25 | obtain or attempt to obtain a license, identification | ||||||
26 | card, or permit; |
| |||||||
| |||||||
1 | 26. Has altered or attempted to alter a license or has | ||||||
2 | possessed an altered license, identification card, or | ||||||
3 | permit; | ||||||
4 | 27. (Blank); | ||||||
5 | 28. Has been convicted for a first time of the illegal | ||||||
6 | possession, while operating or in actual physical control, | ||||||
7 | as a driver, of a motor vehicle, of any controlled | ||||||
8 | substance prohibited under the Illinois Controlled | ||||||
9 | Substances Act, any cannabis prohibited under the Cannabis | ||||||
10 | Control Act, or any methamphetamine prohibited under the | ||||||
11 | Methamphetamine Control and Community Protection Act, in | ||||||
12 | which case the person's driving privileges shall be | ||||||
13 | suspended for one year. Any defendant found guilty of this | ||||||
14 | offense while operating a motor vehicle shall have an | ||||||
15 | entry made in the court record by the presiding judge that | ||||||
16 | this offense did occur while the defendant was operating a | ||||||
17 | motor vehicle and order the clerk of the court to report | ||||||
18 | the violation to the Secretary of State; | ||||||
19 | 29. Has been convicted of the following offenses that | ||||||
20 | were committed while the person was operating or in actual | ||||||
21 | physical control, as a driver, of a motor vehicle: | ||||||
22 | criminal sexual assault, predatory criminal sexual assault | ||||||
23 | of a child, aggravated criminal sexual assault, criminal | ||||||
24 | sexual abuse, aggravated criminal sexual abuse, juvenile | ||||||
25 | pimping, soliciting for a sexually exploited child | ||||||
26 | juvenile prostitute , promoting commercial sexual |
| |||||||
| |||||||
1 | exploitation of a child juvenile prostitution as described | ||||||
2 | in subdivision (a)(1), (a)(2), or (a)(3) of Section | ||||||
3 | 11-14.4 of the Criminal Code of 1961 or the Criminal Code | ||||||
4 | of 2012, and the manufacture, sale or delivery of | ||||||
5 | controlled substances or instruments used for illegal drug | ||||||
6 | use or abuse in which case the driver's driving privileges | ||||||
7 | shall be suspended for one year; | ||||||
8 | 30. Has been convicted a second or subsequent time for | ||||||
9 | any combination of the offenses named in paragraph 29 of | ||||||
10 | this subsection, in which case the person's driving | ||||||
11 | privileges shall be suspended for 5 years; | ||||||
12 | 31. Has refused to submit to a test as required by | ||||||
13 | Section 11-501.6 of this Code or Section 5-16c of the Boat | ||||||
14 | Registration and Safety Act or has submitted to a test | ||||||
15 | resulting in an alcohol concentration of 0.08 or more or | ||||||
16 | any amount of a drug, substance, or compound resulting | ||||||
17 | from the unlawful use or consumption of cannabis as listed | ||||||
18 | in the Cannabis Control Act, a controlled substance as | ||||||
19 | listed in the Illinois Controlled Substances Act, an | ||||||
20 | intoxicating compound as listed in the Use of Intoxicating | ||||||
21 | Compounds Act, or methamphetamine as listed in the | ||||||
22 | Methamphetamine Control and Community Protection Act, in | ||||||
23 | which case the penalty shall be as prescribed in Section | ||||||
24 | 6-208.1; | ||||||
25 | 32. Has been convicted of Section 24-1.2 of the | ||||||
26 | Criminal Code of 1961 or the Criminal Code of 2012 |
| |||||||
| |||||||
1 | relating to the aggravated discharge of a firearm if the | ||||||
2 | offender was located in a motor vehicle at the time the | ||||||
3 | firearm was discharged, in which case the suspension shall | ||||||
4 | be for 3 years; | ||||||
5 | 33. Has as a driver, who was less than 21 years of age | ||||||
6 | on the date of the offense, been convicted a first time of | ||||||
7 | a violation of paragraph (a) of Section 11-502 of this | ||||||
8 | Code or a similar provision of a local ordinance; | ||||||
9 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
10 | this Code or a similar provision of a local ordinance; | ||||||
11 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
12 | this Code or a similar provision of a local ordinance; | ||||||
13 | 36. Is under the age of 21 years at the time of arrest | ||||||
14 | and has been convicted of not less than 2 offenses against | ||||||
15 | traffic regulations governing the movement of vehicles | ||||||
16 | committed within any 24-month period. No revocation or | ||||||
17 | suspension shall be entered more than 6 months after the | ||||||
18 | date of last conviction; | ||||||
19 | 37. Has committed a violation of subsection (c) of | ||||||
20 | Section 11-907 of this Code that resulted in damage to the | ||||||
21 | property of another or the death or injury of another; | ||||||
22 | 38. Has been convicted of a violation of Section 6-20 | ||||||
23 | of the Liquor Control Act of 1934 or a similar provision of | ||||||
24 | a local ordinance and the person was an occupant of a motor | ||||||
25 | vehicle at the time of the violation; | ||||||
26 | 39. Has committed a second or subsequent violation of |
| |||||||
| |||||||
1 | Section 11-1201 of this Code; | ||||||
2 | 40. Has committed a violation of subsection (a-1) of | ||||||
3 | Section 11-908 of this Code; | ||||||
4 | 41. Has committed a second or subsequent violation of | ||||||
5 | Section 11-605.1 of this Code, a similar provision of a | ||||||
6 | local ordinance, or a similar violation in any other state | ||||||
7 | within 2 years of the date of the previous violation, in | ||||||
8 | which case the suspension shall be for 90 days; | ||||||
9 | 42. Has committed a violation of subsection (a-1) of | ||||||
10 | Section 11-1301.3 of this Code or a similar provision of a | ||||||
11 | local ordinance; | ||||||
12 | 43. Has received a disposition of court supervision | ||||||
13 | for a violation of subsection (a), (d), or (e) of Section | ||||||
14 | 6-20 of the Liquor Control Act of 1934 or a similar | ||||||
15 | provision of a local ordinance and the person was an | ||||||
16 | occupant of a motor vehicle at the time of the violation, | ||||||
17 | in which case the suspension shall be for a period of 3 | ||||||
18 | months; | ||||||
19 | 44. Is under the age of 21 years at the time of arrest | ||||||
20 | and has been convicted of an offense against traffic | ||||||
21 | regulations governing the movement of vehicles after | ||||||
22 | having previously had his or her driving privileges | ||||||
23 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
24 | Section; | ||||||
25 | 45. Has, in connection with or during the course of a | ||||||
26 | formal hearing conducted under Section 2-118 of this Code: |
| |||||||
| |||||||
1 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
2 | falsified documents; (iii) submitted documents that have | ||||||
3 | been materially altered; or (iv) submitted, as his or her | ||||||
4 | own, documents that were in fact prepared or composed for | ||||||
5 | another person; | ||||||
6 | 46. Has committed a violation of subsection (j) of | ||||||
7 | Section 3-413 of this Code; | ||||||
8 | 47. Has committed a violation of subsection (a) of | ||||||
9 | Section 11-502.1 of this Code; | ||||||
10 | 48. Has submitted a falsified or altered medical | ||||||
11 | examiner's certificate to the Secretary of State or | ||||||
12 | provided false information to obtain a medical examiner's | ||||||
13 | certificate; | ||||||
14 | 49. Has been convicted of a violation of Section | ||||||
15 | 11-1002 or 11-1002.5 that resulted in a Type A injury to | ||||||
16 | another, in which case the driving privileges of the | ||||||
17 | person shall be suspended for 12 months; | ||||||
18 | 50. Has committed a violation of subsection (b-5) of | ||||||
19 | Section 12-610.2 that resulted in great bodily harm, | ||||||
20 | permanent disability, or disfigurement, in which case the | ||||||
21 | driving privileges of the person shall be suspended for 12 | ||||||
22 | months; | ||||||
23 | 51. Has committed a violation of Section 10-15 Of the | ||||||
24 | Cannabis Regulation and Tax Act or a similar provision of | ||||||
25 | a local ordinance while in a motor vehicle; or | ||||||
26 | 52. Has committed a violation of subsection (b) of |
| |||||||
| |||||||
1 | Section 10-20 of the Cannabis Regulation and Tax Act or a | ||||||
2 | similar provision of a local ordinance. | ||||||
3 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
4 | and 27 of this subsection, license means any driver's license, | ||||||
5 | any traffic ticket issued when the person's driver's license | ||||||
6 | is deposited in lieu of bail, a suspension notice issued by the | ||||||
7 | Secretary of State, a duplicate or corrected driver's license, | ||||||
8 | a probationary driver's license, or a temporary driver's | ||||||
9 | license. | ||||||
10 | (b) If any conviction forming the basis of a suspension or | ||||||
11 | revocation authorized under this Section is appealed, the | ||||||
12 | Secretary of State may rescind or withhold the entry of the | ||||||
13 | order of suspension or revocation, as the case may be, | ||||||
14 | provided that a certified copy of a stay order of a court is | ||||||
15 | filed with the Secretary of State. If the conviction is | ||||||
16 | affirmed on appeal, the date of the conviction shall relate | ||||||
17 | back to the time the original judgment of conviction was | ||||||
18 | entered and the 6-month limitation prescribed shall not apply. | ||||||
19 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
20 | permit of any person as authorized in this Section, the | ||||||
21 | Secretary of State shall immediately notify the person in | ||||||
22 | writing of the revocation or suspension. The notice to be | ||||||
23 | deposited in the United States mail, postage prepaid, to the | ||||||
24 | last known address of the person. | ||||||
25 | 2. If the Secretary of State suspends the driver's license | ||||||
26 | of a person under subsection 2 of paragraph (a) of this |
| |||||||
| |||||||
1 | Section, a person's privilege to operate a vehicle as an | ||||||
2 | occupation shall not be suspended, provided an affidavit is | ||||||
3 | properly completed, the appropriate fee received, and a permit | ||||||
4 | issued prior to the effective date of the suspension, unless 5 | ||||||
5 | offenses were committed, at least 2 of which occurred while | ||||||
6 | operating a commercial vehicle in connection with the driver's | ||||||
7 | regular occupation. All other driving privileges shall be | ||||||
8 | suspended by the Secretary of State. Any driver prior to | ||||||
9 | operating a vehicle for occupational purposes only must submit | ||||||
10 | the affidavit on forms to be provided by the Secretary of State | ||||||
11 | setting forth the facts of the person's occupation. The | ||||||
12 | affidavit shall also state the number of offenses committed | ||||||
13 | while operating a vehicle in connection with the driver's | ||||||
14 | regular occupation. The affidavit shall be accompanied by the | ||||||
15 | driver's license. Upon receipt of a properly completed | ||||||
16 | affidavit, the Secretary of State shall issue the driver a | ||||||
17 | permit to operate a vehicle in connection with the driver's | ||||||
18 | regular occupation only. Unless the permit is issued by the | ||||||
19 | Secretary of State prior to the date of suspension, the | ||||||
20 | privilege to drive any motor vehicle shall be suspended as set | ||||||
21 | forth in the notice that was mailed under this Section. If an | ||||||
22 | affidavit is received subsequent to the effective date of this | ||||||
23 | suspension, a permit may be issued for the remainder of the | ||||||
24 | suspension period. | ||||||
25 | The provisions of this subparagraph shall not apply to any | ||||||
26 | driver required to possess a CDL for the purpose of operating a |
| |||||||
| |||||||
1 | commercial motor vehicle. | ||||||
2 | Any person who falsely states any fact in the affidavit | ||||||
3 | required herein shall be guilty of perjury under Section 6-302 | ||||||
4 | and upon conviction thereof shall have all driving privileges | ||||||
5 | revoked without further rights. | ||||||
6 | 3. At the conclusion of a hearing under Section 2-118 of | ||||||
7 | this Code, the Secretary of State shall either rescind or | ||||||
8 | continue an order of revocation or shall substitute an order | ||||||
9 | of suspension; or, good cause appearing therefor, rescind, | ||||||
10 | continue, change, or extend the order of suspension. If the | ||||||
11 | Secretary of State does not rescind the order, the Secretary | ||||||
12 | may upon application, to relieve undue hardship (as defined by | ||||||
13 | the rules of the Secretary of State), issue a restricted | ||||||
14 | driving permit granting the privilege of driving a motor | ||||||
15 | vehicle between the petitioner's residence and petitioner's | ||||||
16 | place of employment or within the scope of the petitioner's | ||||||
17 | employment-related duties, or to allow the petitioner to | ||||||
18 | transport himself or herself, or a family member of the | ||||||
19 | petitioner's household to a medical facility, to receive | ||||||
20 | necessary medical care, to allow the petitioner to transport | ||||||
21 | himself or herself to and from alcohol or drug remedial or | ||||||
22 | rehabilitative activity recommended by a licensed service | ||||||
23 | provider, or to allow the petitioner to transport himself or | ||||||
24 | herself or a family member of the petitioner's household to | ||||||
25 | classes, as a student, at an accredited educational | ||||||
26 | institution, or to allow the petitioner to transport children, |
| |||||||
| |||||||
1 | elderly persons, or persons with disabilities who do not hold | ||||||
2 | driving privileges and are living in the petitioner's | ||||||
3 | household to and from daycare. The petitioner must demonstrate | ||||||
4 | that no alternative means of transportation is reasonably | ||||||
5 | available and that the petitioner will not endanger the public | ||||||
6 | safety or welfare. | ||||||
7 | (A) If a person's license or permit is revoked or | ||||||
8 | suspended due to 2 or more convictions of violating | ||||||
9 | Section 11-501 of this Code or a similar provision of a | ||||||
10 | local ordinance or a similar out-of-state offense, or | ||||||
11 | Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
12 | Code of 2012, where the use of alcohol or other drugs is | ||||||
13 | recited as an element of the offense, or a similar | ||||||
14 | out-of-state offense, or a combination of these offenses, | ||||||
15 | arising out of separate occurrences, that person, if | ||||||
16 | issued a restricted driving permit, may not operate a | ||||||
17 | vehicle unless it has been equipped with an ignition | ||||||
18 | interlock device as defined in Section 1-129.1. | ||||||
19 | (B) If a person's license or permit is revoked or | ||||||
20 | suspended 2 or more times due to any combination of: | ||||||
21 | (i) a single conviction of violating Section | ||||||
22 | 11-501 of this Code or a similar provision of a local | ||||||
23 | ordinance or a similar out-of-state offense or Section | ||||||
24 | 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
25 | of 2012, where the use of alcohol or other drugs is | ||||||
26 | recited as an element of the offense, or a similar |
| |||||||
| |||||||
1 | out-of-state offense; or | ||||||
2 | (ii) a statutory summary suspension or revocation | ||||||
3 | under Section 11-501.1; or | ||||||
4 | (iii) a suspension under Section 6-203.1; | ||||||
5 | arising out of separate occurrences; that person, if | ||||||
6 | issued a restricted driving permit, may not operate a | ||||||
7 | vehicle unless it has been equipped with an ignition | ||||||
8 | interlock device as defined in Section 1-129.1. | ||||||
9 | (B-5) If a person's license or permit is revoked or | ||||||
10 | suspended due to a conviction for a violation of | ||||||
11 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
12 | of Section 11-501 of this Code, or a similar provision of a | ||||||
13 | local ordinance or similar out-of-state offense, that | ||||||
14 | person, if issued a restricted driving permit, may not | ||||||
15 | operate a vehicle unless it has been equipped with an | ||||||
16 | ignition interlock device as defined in Section 1-129.1. | ||||||
17 | (C) The person issued a permit conditioned upon the | ||||||
18 | use of an ignition interlock device must pay to the | ||||||
19 | Secretary of State DUI Administration Fund an amount not | ||||||
20 | to exceed $30 per month. The Secretary shall establish by | ||||||
21 | rule the amount and the procedures, terms, and conditions | ||||||
22 | relating to these fees. | ||||||
23 | (D) If the restricted driving permit is issued for | ||||||
24 | employment purposes, then the prohibition against | ||||||
25 | operating a motor vehicle that is not equipped with an | ||||||
26 | ignition interlock device does not apply to the operation |
| |||||||
| |||||||
1 | of an occupational vehicle owned or leased by that | ||||||
2 | person's employer when used solely for employment | ||||||
3 | purposes. For any person who, within a 5-year period, is | ||||||
4 | convicted of a second or subsequent offense under Section | ||||||
5 | 11-501 of this Code, or a similar provision of a local | ||||||
6 | ordinance or similar out-of-state offense, this employment | ||||||
7 | exemption does not apply until either a one-year period | ||||||
8 | has elapsed during which that person had his or her | ||||||
9 | driving privileges revoked or a one-year period has | ||||||
10 | elapsed during which that person had a restricted driving | ||||||
11 | permit which required the use of an ignition interlock | ||||||
12 | device on every motor vehicle owned or operated by that | ||||||
13 | person. | ||||||
14 | (E) In each case the Secretary may issue a restricted | ||||||
15 | driving permit for a period deemed appropriate, except | ||||||
16 | that all permits shall expire no later than 2 years from | ||||||
17 | the date of issuance. A restricted driving permit issued | ||||||
18 | under this Section shall be subject to cancellation, | ||||||
19 | revocation, and suspension by the Secretary of State in | ||||||
20 | like manner and for like cause as a driver's license | ||||||
21 | issued under this Code may be cancelled, revoked, or | ||||||
22 | suspended; except that a conviction upon one or more | ||||||
23 | offenses against laws or ordinances regulating the | ||||||
24 | movement of traffic shall be deemed sufficient cause for | ||||||
25 | the revocation, suspension, or cancellation of a | ||||||
26 | restricted driving permit. The Secretary of State may, as |
| |||||||
| |||||||
1 | a condition to the issuance of a restricted driving | ||||||
2 | permit, require the applicant to participate in a | ||||||
3 | designated driver remedial or rehabilitative program. The | ||||||
4 | Secretary of State is authorized to cancel a restricted | ||||||
5 | driving permit if the permit holder does not successfully | ||||||
6 | complete the program. | ||||||
7 | (F) A person subject to the provisions of paragraph 4 | ||||||
8 | of subsection (b) of Section 6-208 of this Code may make | ||||||
9 | application for a restricted driving permit at a hearing | ||||||
10 | conducted under Section 2-118 of this Code after the | ||||||
11 | expiration of 5 years from the effective date of the most | ||||||
12 | recent revocation or after 5 years from the date of | ||||||
13 | release from a period of imprisonment resulting from a | ||||||
14 | conviction of the most recent offense, whichever is later, | ||||||
15 | provided the person, in addition to all other requirements | ||||||
16 | of the Secretary, shows by clear and convincing evidence: | ||||||
17 | (i) a minimum of 3 years of uninterrupted | ||||||
18 | abstinence from alcohol and the unlawful use or | ||||||
19 | consumption of cannabis under the Cannabis Control | ||||||
20 | Act, a controlled substance under the Illinois | ||||||
21 | Controlled Substances Act, an intoxicating compound | ||||||
22 | under the Use of Intoxicating Compounds Act, or | ||||||
23 | methamphetamine under the Methamphetamine Control and | ||||||
24 | Community Protection Act; and | ||||||
25 | (ii) the successful completion of any | ||||||
26 | rehabilitative treatment and involvement in any |
| |||||||
| |||||||
1 | ongoing rehabilitative activity that may be | ||||||
2 | recommended by a properly licensed service provider | ||||||
3 | according to an assessment of the person's alcohol or | ||||||
4 | drug use under Section 11-501.01 of this Code. | ||||||
5 | In determining whether an applicant is eligible for a | ||||||
6 | restricted driving permit under this subparagraph (F), the | ||||||
7 | Secretary may consider any relevant evidence, including, | ||||||
8 | but not limited to, testimony, affidavits, records, and | ||||||
9 | the results of regular alcohol or drug tests. Persons | ||||||
10 | subject to the provisions of paragraph 4 of subsection (b) | ||||||
11 | of Section 6-208 of this Code and who have been convicted | ||||||
12 | of more than one violation of paragraph (3), paragraph | ||||||
13 | (4), or paragraph (5) of subsection (a) of Section 11-501 | ||||||
14 | of this Code shall not be eligible to apply for a | ||||||
15 | restricted driving permit under this subparagraph (F). | ||||||
16 | A restricted driving permit issued under this | ||||||
17 | subparagraph (F) shall provide that the holder may only | ||||||
18 | operate motor vehicles equipped with an ignition interlock | ||||||
19 | device as required under paragraph (2) of subsection (c) | ||||||
20 | of Section 6-205 of this Code and subparagraph (A) of | ||||||
21 | paragraph 3 of subsection (c) of this Section. The | ||||||
22 | Secretary may revoke a restricted driving permit or amend | ||||||
23 | the conditions of a restricted driving permit issued under | ||||||
24 | this subparagraph (F) if the holder operates a vehicle | ||||||
25 | that is not equipped with an ignition interlock device, or | ||||||
26 | for any other reason authorized under this Code. |
| |||||||
| |||||||
1 | A restricted driving permit issued under this | ||||||
2 | subparagraph (F) shall be revoked, and the holder barred | ||||||
3 | from applying for or being issued a restricted driving | ||||||
4 | permit in the future, if the holder is convicted of a | ||||||
5 | violation of Section 11-501 of this Code, a similar | ||||||
6 | provision of a local ordinance, or a similar offense in | ||||||
7 | another state. | ||||||
8 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
9 | subsection (a), reports received by the Secretary of State | ||||||
10 | under this Section shall, except during the actual time the | ||||||
11 | suspension is in effect, be privileged information and for use | ||||||
12 | only by the courts, police officers, prosecuting authorities, | ||||||
13 | the driver licensing administrator of any other state, the | ||||||
14 | Secretary of State, or the parent or legal guardian of a driver | ||||||
15 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
16 | person is a CDL holder, the suspension shall also be made | ||||||
17 | available to the driver licensing administrator of any other | ||||||
18 | state, the U.S. Department of Transportation, and the affected | ||||||
19 | driver or motor carrier or prospective motor carrier upon | ||||||
20 | request. | ||||||
21 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
22 | subsection (a), the Secretary of State shall notify the person | ||||||
23 | by mail that his or her driving privileges and driver's | ||||||
24 | license will be suspended one month after the date of the | ||||||
25 | mailing of the notice. | ||||||
26 | (c-5) The Secretary of State may, as a condition of the |
| |||||||
| |||||||
1 | reissuance of a driver's license or permit to an applicant | ||||||
2 | whose driver's license or permit has been suspended before he | ||||||
3 | or she reached the age of 21 years pursuant to any of the | ||||||
4 | provisions of this Section, require the applicant to | ||||||
5 | participate in a driver remedial education course and be | ||||||
6 | retested under Section 6-109 of this Code. | ||||||
7 | (d) This Section is subject to the provisions of the | ||||||
8 | Driver License Compact. | ||||||
9 | (e) The Secretary of State shall not issue a restricted | ||||||
10 | driving permit to a person under the age of 16 years whose | ||||||
11 | driving privileges have been suspended or revoked under any | ||||||
12 | provisions of this Code. | ||||||
13 | (f) In accordance with 49 CFR 384, the Secretary of State | ||||||
14 | may not issue a restricted driving permit for the operation of | ||||||
15 | a commercial motor vehicle to a person holding a CDL whose | ||||||
16 | driving privileges have been suspended, revoked, cancelled, or | ||||||
17 | disqualified under any provisions of this Code. | ||||||
18 | (Source: P.A. 102-299, eff. 8-6-21; 102-558, eff. 8-20-21; | ||||||
19 | 102-749, eff. 1-1-23; 102-813, eff. 5-13-22; 102-982, eff. | ||||||
20 | 7-1-23; 103-154, eff. 6-30-23.)
| ||||||
21 | Section 130. The Criminal Code of 2012 is amended by | ||||||
22 | changing Sections 3-6, 8-2, 11-0.1, 11-9.3, 11-14.3, 11-14.4, | ||||||
23 | 11-18, 11-18.1, 33G-3, and 36-1 as follows:
| ||||||
24 | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6) |
| |||||||
| |||||||
1 | Sec. 3-6. Extended limitations. The period within which a | ||||||
2 | prosecution must be commenced under the provisions of Section | ||||||
3 | 3-5 or other applicable statute is extended under the | ||||||
4 | following conditions: | ||||||
5 | (a) A prosecution for theft involving a breach of a | ||||||
6 | fiduciary obligation to the aggrieved person may be commenced | ||||||
7 | as follows: | ||||||
8 | (1) If the aggrieved person is a minor or a person | ||||||
9 | under legal disability, then during the minority or legal | ||||||
10 | disability or within one year after the termination | ||||||
11 | thereof. | ||||||
12 | (2) In any other instance, within one year after the | ||||||
13 | discovery of the offense by an aggrieved person, or by a | ||||||
14 | person who has legal capacity to represent an aggrieved | ||||||
15 | person or has a legal duty to report the offense, and is | ||||||
16 | not himself or herself a party to the offense; or in the | ||||||
17 | absence of such discovery, within one year after the | ||||||
18 | proper prosecuting officer becomes aware of the offense. | ||||||
19 | However, in no such case is the period of limitation so | ||||||
20 | extended more than 3 years beyond the expiration of the | ||||||
21 | period otherwise applicable. | ||||||
22 | (b) A prosecution for any offense based upon misconduct in | ||||||
23 | office by a public officer or employee may be commenced within | ||||||
24 | one year after discovery of the offense by a person having a | ||||||
25 | legal duty to report such offense, or in the absence of such | ||||||
26 | discovery, within one year after the proper prosecuting |
| |||||||
| |||||||
1 | officer becomes aware of the offense. However, in no such case | ||||||
2 | is the period of limitation so extended more than 3 years | ||||||
3 | beyond the expiration of the period otherwise applicable. | ||||||
4 | (b-5) When the victim is under 18 years of age at the time | ||||||
5 | of the offense, a prosecution for involuntary servitude, | ||||||
6 | involuntary sexual servitude of a minor, or trafficking in | ||||||
7 | persons and related offenses under Section 10-9 of this Code | ||||||
8 | may be commenced within 25 years of the victim attaining the | ||||||
9 | age of 18 years. | ||||||
10 | (b-6) When the victim is 18 years of age or over at the | ||||||
11 | time of the offense, a prosecution for involuntary servitude, | ||||||
12 | involuntary sexual servitude of a minor, or trafficking in | ||||||
13 | persons and related offenses under Section 10-9 of this Code | ||||||
14 | may be commenced within 25 years after the commission of the | ||||||
15 | offense. | ||||||
16 | (b-7) When the victim is under 18 years of age at the time | ||||||
17 | of the offense, a prosecution for female genital mutilation | ||||||
18 | may be commenced at any time. | ||||||
19 | (c) (Blank). | ||||||
20 | (d) A prosecution for child pornography, aggravated child | ||||||
21 | pornography, indecent solicitation of a child, soliciting for | ||||||
22 | a sexually exploited child juvenile prostitute , juvenile | ||||||
23 | pimping, exploitation of a child, or promoting commercial | ||||||
24 | sexual exploitation of a child juvenile prostitution except | ||||||
25 | for keeping a place of commercial sexual exploitation of a | ||||||
26 | child juvenile prostitution may be commenced within one year |
| |||||||
| |||||||
1 | of the victim attaining the age of 18 years. However, in no | ||||||
2 | such case shall the time period for prosecution expire sooner | ||||||
3 | than 3 years after the commission of the offense. | ||||||
4 | (e) Except as otherwise provided in subdivision (j), a | ||||||
5 | prosecution for any offense involving sexual conduct or sexual | ||||||
6 | penetration, as defined in Section 11-0.1 of this Code, where | ||||||
7 | the defendant was within a professional or fiduciary | ||||||
8 | relationship or a purported professional or fiduciary | ||||||
9 | relationship with the victim at the time of the commission of | ||||||
10 | the offense may be commenced within one year after the | ||||||
11 | discovery of the offense by the victim. | ||||||
12 | (f) A prosecution for any offense set forth in Section 44 | ||||||
13 | of the Environmental Protection Act may be commenced within 5 | ||||||
14 | years after the discovery of such an offense by a person or | ||||||
15 | agency having the legal duty to report the offense or in the | ||||||
16 | absence of such discovery, within 5 years after the proper | ||||||
17 | prosecuting officer becomes aware of the offense. | ||||||
18 | (f-5) A prosecution for any offense set forth in Section | ||||||
19 | 16-30 of this Code may be commenced within 5 years after the | ||||||
20 | discovery of the offense by the victim of that offense. | ||||||
21 | (g) (Blank). | ||||||
22 | (h) (Blank). | ||||||
23 | (i) Except as otherwise provided in subdivision (j), a | ||||||
24 | prosecution for criminal sexual assault, aggravated criminal | ||||||
25 | sexual assault, or aggravated criminal sexual abuse may be | ||||||
26 | commenced at any time. If the victim consented to the |
| |||||||
| |||||||
1 | collection of evidence using an Illinois State Police Sexual | ||||||
2 | Assault Evidence Collection Kit under the Sexual Assault | ||||||
3 | Survivors Emergency Treatment Act, it shall constitute | ||||||
4 | reporting for purposes of this Section. | ||||||
5 | Nothing in this subdivision (i) shall be construed to | ||||||
6 | shorten a period within which a prosecution must be commenced | ||||||
7 | under any other provision of this Section. | ||||||
8 | (i-5) A prosecution for armed robbery, home invasion, | ||||||
9 | kidnapping, or aggravated kidnaping may be commenced within 10 | ||||||
10 | years of the commission of the offense if it arises out of the | ||||||
11 | same course of conduct and meets the criteria under one of the | ||||||
12 | offenses in subsection (i) of this Section. | ||||||
13 | (j) (1) When the victim is under 18 years of age at the | ||||||
14 | time of the offense, a prosecution for criminal sexual | ||||||
15 | assault, aggravated criminal sexual assault, predatory | ||||||
16 | criminal sexual assault of a child, aggravated criminal sexual | ||||||
17 | abuse, felony criminal sexual abuse, or female genital | ||||||
18 | mutilation may be commenced at any time. | ||||||
19 | (2) When in circumstances other than as described in | ||||||
20 | paragraph (1) of this subsection (j), when the victim is under | ||||||
21 | 18 years of age at the time of the offense, a prosecution for | ||||||
22 | failure of a person who is required to report an alleged or | ||||||
23 | suspected commission of criminal sexual assault, aggravated | ||||||
24 | criminal sexual assault, predatory criminal sexual assault of | ||||||
25 | a child, aggravated criminal sexual abuse, or felony criminal | ||||||
26 | sexual abuse under the Abused and Neglected Child Reporting |
| |||||||
| |||||||
1 | Act may be commenced within 20 years after the child victim | ||||||
2 | attains 18 years of age. | ||||||
3 | (3) When the victim is under 18 years of age at the time of | ||||||
4 | the offense, a prosecution for misdemeanor criminal sexual | ||||||
5 | abuse may be commenced within 10 years after the child victim | ||||||
6 | attains 18 years of age. | ||||||
7 | (4) Nothing in this subdivision (j) shall be construed to | ||||||
8 | shorten a period within which a prosecution must be commenced | ||||||
9 | under any other provision of this Section. | ||||||
10 | (j-5) A prosecution for armed robbery, home invasion, | ||||||
11 | kidnapping, or aggravated kidnaping may be commenced at any | ||||||
12 | time if it arises out of the same course of conduct and meets | ||||||
13 | the criteria under one of the offenses in subsection (j) of | ||||||
14 | this Section. | ||||||
15 | (k) (Blank). | ||||||
16 | (l) A prosecution for any offense set forth in Section | ||||||
17 | 26-4 of this Code may be commenced within one year after the | ||||||
18 | discovery of the offense by the victim of that offense. | ||||||
19 | (l-5) A prosecution for any offense involving sexual | ||||||
20 | conduct or sexual penetration, as defined in Section 11-0.1 of | ||||||
21 | this Code, in which the victim was 18 years of age or older at | ||||||
22 | the time of the offense, may be commenced within one year after | ||||||
23 | the discovery of the offense by the victim when corroborating | ||||||
24 | physical evidence is available. The charging document shall | ||||||
25 | state that the statute of limitations is extended under this | ||||||
26 | subsection (l-5) and shall state the circumstances justifying |
| |||||||
| |||||||
1 | the extension. Nothing in this subsection (l-5) shall be | ||||||
2 | construed to shorten a period within which a prosecution must | ||||||
3 | be commenced under any other provision of this Section or | ||||||
4 | Section 3-5 of this Code. | ||||||
5 | (m) The prosecution shall not be required to prove at | ||||||
6 | trial facts which extend the general limitations in Section | ||||||
7 | 3-5 of this Code when the facts supporting extension of the | ||||||
8 | period of general limitations are properly pled in the | ||||||
9 | charging document. Any challenge relating to the extension of | ||||||
10 | the general limitations period as defined in this Section | ||||||
11 | shall be exclusively conducted under Section 114-1 of the Code | ||||||
12 | of Criminal Procedure of 1963. | ||||||
13 | (n) A prosecution for any offense set forth in subsection | ||||||
14 | (a), (b), or (c) of Section 8A-3 or Section 8A-13 of the | ||||||
15 | Illinois Public Aid Code, in which the total amount of money | ||||||
16 | involved is $5,000 or more, including the monetary value of | ||||||
17 | food stamps and the value of commodities under Section 16-1 of | ||||||
18 | this Code may be commenced within 5 years of the last act | ||||||
19 | committed in furtherance of the offense. | ||||||
20 | (o) A prosecution for any offense based upon fraudulent | ||||||
21 | activity connected to COVID-19-related relief programs, to | ||||||
22 | include the Paycheck Protection Program, COVID-19 Economic | ||||||
23 | Injury Disaster Loan Program, and the Unemployment Benefit | ||||||
24 | Programs shall be commenced within 5 years after discovery of | ||||||
25 | the offense by a person having a legal duty to report such | ||||||
26 | offense, or in the absence of such discovery, within 5 years |
| |||||||
| |||||||
1 | after the proper prosecuting officer becomes aware of the | ||||||
2 | offense. However, in no such case is the period of limitation | ||||||
3 | so extended more than 10 years beyond the expiration of the | ||||||
4 | period otherwise applicable. | ||||||
5 | (Source: P.A. 102-558, eff. 8-20-21; 103-184, eff. 1-1-24 .)
| ||||||
6 | (720 ILCS 5/8-2) (from Ch. 38, par. 8-2) | ||||||
7 | Sec. 8-2. Conspiracy. | ||||||
8 | (a) Elements of the offense. A person commits the offense | ||||||
9 | of conspiracy when, with intent that an offense be committed, | ||||||
10 | he or she agrees with another to the commission of that | ||||||
11 | offense. No person may be convicted of conspiracy to commit an | ||||||
12 | offense unless an act in furtherance of that agreement is | ||||||
13 | alleged and proved to have been committed by him or her or by a | ||||||
14 | co-conspirator. | ||||||
15 | (b) Co-conspirators. It is not a defense to conspiracy | ||||||
16 | that the person or persons with whom the accused is alleged to | ||||||
17 | have conspired: | ||||||
18 | (1) have not been prosecuted or convicted, | ||||||
19 | (2) have been convicted of a different offense, | ||||||
20 | (3) are not amenable to justice, | ||||||
21 | (4) have been acquitted, or | ||||||
22 | (5) lacked the capacity to commit an offense. | ||||||
23 | (c) Sentence. | ||||||
24 | (1) Except as otherwise provided in this subsection or | ||||||
25 | Code, a person convicted of conspiracy to commit: |
| |||||||
| |||||||
1 | (A) a Class X felony shall be sentenced for a Class | ||||||
2 | 1 felony; | ||||||
3 | (B) a Class 1 felony shall be sentenced for a Class | ||||||
4 | 2 felony; | ||||||
5 | (C) a Class 2 felony shall be sentenced for a Class | ||||||
6 | 3 felony; | ||||||
7 | (D) a Class 3 felony shall be sentenced for a Class | ||||||
8 | 4 felony; | ||||||
9 | (E) a Class 4 felony shall be sentenced for a Class | ||||||
10 | 4 felony; and | ||||||
11 | (F) a misdemeanor may be fined or imprisoned or | ||||||
12 | both not to exceed the maximum provided for the | ||||||
13 | offense that is the object of the conspiracy. | ||||||
14 | (2) A person convicted of conspiracy to commit any of | ||||||
15 | the following offenses shall be sentenced for a Class X | ||||||
16 | felony: | ||||||
17 | (A) aggravated insurance fraud conspiracy when the | ||||||
18 | person is an organizer of the conspiracy (720 ILCS | ||||||
19 | 5/46-4); or | ||||||
20 | (B) aggravated governmental entity insurance fraud | ||||||
21 | conspiracy when the person is an organizer of the | ||||||
22 | conspiracy (720 ILCS 5/46-4). | ||||||
23 | (3) A person convicted of conspiracy to commit any of | ||||||
24 | the following offenses shall be sentenced for a Class 1 | ||||||
25 | felony: | ||||||
26 | (A) first degree murder (720 ILCS 5/9-1); or |
| |||||||
| |||||||
1 | (B) aggravated insurance fraud (720 ILCS 5/46-3) | ||||||
2 | or aggravated governmental insurance fraud (720 ILCS | ||||||
3 | 5/46-3). | ||||||
4 | (4) A person convicted of conspiracy to commit | ||||||
5 | insurance fraud (720 ILCS 5/46-3) or governmental entity | ||||||
6 | insurance fraud (720 ILCS 5/46-3) shall be sentenced for a | ||||||
7 | Class 2 felony. | ||||||
8 | (5) A person convicted of conspiracy to commit any of | ||||||
9 | the following offenses shall be sentenced for a Class 3 | ||||||
10 | felony: | ||||||
11 | (A) soliciting for a person engaged in the sex | ||||||
12 | trade prostitute (720 ILCS 5/11-14.3(a)(1)); | ||||||
13 | (B) pandering (720 ILCS 5/11-14.3(a)(2)(A) or | ||||||
14 | 5/11-14.3(a)(2)(B)); | ||||||
15 | (C) keeping a place of prostitution (720 ILCS | ||||||
16 | 5/11-14.3(a)(1)); | ||||||
17 | (D) pimping (720 ILCS 5/11-14.3(a)(2)(C)); | ||||||
18 | (E) unlawful use of weapons under Section | ||||||
19 | 24-1(a)(1) (720 ILCS 5/24-1(a)(1)); | ||||||
20 | (F) unlawful use of weapons under Section | ||||||
21 | 24-1(a)(7) (720 ILCS 5/24-1(a)(7)); | ||||||
22 | (G) gambling (720 ILCS 5/28-1); | ||||||
23 | (H) keeping a gambling place (720 ILCS 5/28-3); | ||||||
24 | (I) registration of federal gambling stamps | ||||||
25 | violation (720 ILCS 5/28-4); | ||||||
26 | (J) look-alike substances violation (720 ILCS |
| |||||||
| |||||||
1 | 570/404); | ||||||
2 | (K) miscellaneous controlled substance violation | ||||||
3 | under Section 406(b) (720 ILCS 570/406(b)); or | ||||||
4 | (L) an inchoate offense related to any of the | ||||||
5 | principal offenses set forth in this item (5). | ||||||
6 | (Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11 .)
| ||||||
7 | (720 ILCS 5/11-0.1) | ||||||
8 | Sec. 11-0.1. Definitions. In this Article, unless the | ||||||
9 | context clearly requires otherwise, the following terms are | ||||||
10 | defined as indicated: | ||||||
11 | "Accused" means a person accused of an offense prohibited | ||||||
12 | by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of | ||||||
13 | this Code or a person for whose conduct the accused is legally | ||||||
14 | responsible under Article 5 of this Code. | ||||||
15 | "Adult obscenity or child pornography Internet site". See | ||||||
16 | Section 11-23. | ||||||
17 | "Advance prostitution" means: | ||||||
18 | (1) Soliciting for a person engaged in the sex trade | ||||||
19 | prostitute by performing any of the following acts when | ||||||
20 | acting other than as a person engaged in the sex trade | ||||||
21 | prostitute or a patron of a person engaged in the sex trade | ||||||
22 | prostitute : | ||||||
23 | (A) Soliciting another for the purpose of | ||||||
24 | prostitution. | ||||||
25 | (B) Arranging or offering to arrange a meeting of |
| |||||||
| |||||||
1 | persons for the purpose of prostitution. | ||||||
2 | (C) Directing another to a place knowing the | ||||||
3 | direction is for the purpose of prostitution. | ||||||
4 | (2) Keeping a place of prostitution by controlling or | ||||||
5 | exercising control over the use of any place that could | ||||||
6 | offer seclusion or shelter for the practice of | ||||||
7 | prostitution and performing any of the following acts when | ||||||
8 | acting other than as a person engaged in the sex trade | ||||||
9 | prostitute or a patron of a person engaged in the sex trade | ||||||
10 | prostitute : | ||||||
11 | (A) Knowingly granting or permitting the use of | ||||||
12 | the place for the purpose of prostitution. | ||||||
13 | (B) Granting or permitting the use of the place | ||||||
14 | under circumstances from which he or she could | ||||||
15 | reasonably know that the place is used or is to be used | ||||||
16 | for purposes of prostitution. | ||||||
17 | (C) Permitting the continued use of the place | ||||||
18 | after becoming aware of facts or circumstances from | ||||||
19 | which he or she should reasonably know that the place | ||||||
20 | is being used for purposes of prostitution. | ||||||
21 | "Agency". See Section 11-9.5. | ||||||
22 | "Arranges". See Section 11-6.5. | ||||||
23 | "Bodily harm" means physical harm, and includes, but is | ||||||
24 | not limited to, sexually transmitted disease, pregnancy, and | ||||||
25 | impotence. | ||||||
26 | "Care and custody". See Section 11-9.5. |
| |||||||
| |||||||
1 | "Child care institution". See Section 11-9.3. | ||||||
2 | "Child pornography". See Section 11-20.1. | ||||||
3 | "Child sex offender". See Section 11-9.3. | ||||||
4 | "Community agency". See Section 11-9.5. | ||||||
5 | "Conditional release". See Section 11-9.2. | ||||||
6 | "Consent" means a freely given agreement to the act of | ||||||
7 | sexual penetration or sexual conduct in question. Lack of | ||||||
8 | verbal or physical resistance or submission by the victim | ||||||
9 | resulting from the use of force or threat of force by the | ||||||
10 | accused shall not constitute consent. The manner of dress of | ||||||
11 | the victim at the time of the offense shall not constitute | ||||||
12 | consent. | ||||||
13 | "Custody". See Section 11-9.2. | ||||||
14 | "Day care center". See Section 11-9.3. | ||||||
15 | "Depict by computer". See Section 11-20.1. | ||||||
16 | "Depiction by computer". See Section 11-20.1. | ||||||
17 | "Disseminate". See Section 11-20.1. | ||||||
18 | "Distribute". See Section 11-21. | ||||||
19 | "Family member" means a parent, grandparent, child, aunt, | ||||||
20 | uncle, great-aunt, or great-uncle, whether by whole blood, | ||||||
21 | half-blood, or adoption, and includes a step-grandparent, | ||||||
22 | step-parent, or step-child. "Family member" also means, if the | ||||||
23 | victim is a child under 18 years of age, an accused who has | ||||||
24 | resided in the household with the child continuously for at | ||||||
25 | least 6 months. | ||||||
26 | "Force or threat of force" means the use of force or |
| |||||||
| |||||||
1 | violence or the threat of force or violence, including, but | ||||||
2 | not limited to, the following situations: | ||||||
3 | (1) when the accused threatens to use force or | ||||||
4 | violence on the victim or on any other person, and the | ||||||
5 | victim under the circumstances reasonably believes that | ||||||
6 | the accused has the ability to execute that threat; or | ||||||
7 | (2) when the accused overcomes the victim by use of | ||||||
8 | superior strength or size, physical restraint, or physical | ||||||
9 | confinement. | ||||||
10 | "Harmful to minors". See Section 11-21. | ||||||
11 | "Loiter". See Section 9.3. | ||||||
12 | "Material". See Section 11-21. | ||||||
13 | "Minor". See Section 11-21. | ||||||
14 | "Nudity". See Section 11-21. | ||||||
15 | "Obscene". See Section 11-20. | ||||||
16 | "Part day child care facility". See Section 11-9.3. | ||||||
17 | "Penal system". See Section 11-9.2. | ||||||
18 | "Person responsible for the child's welfare". See Section | ||||||
19 | 11-9.1A. | ||||||
20 | "Person with a disability". See Section 11-9.5. | ||||||
21 | "Playground". See Section 11-9.3. | ||||||
22 | "Probation officer". See Section 11-9.2. | ||||||
23 | "Produce". See Section 11-20.1. | ||||||
24 | "Profit from prostitution" means, when acting other than | ||||||
25 | as a person engaged in the sex trade prostitute , to receive | ||||||
26 | anything of value for personally rendered prostitution |
| |||||||
| |||||||
1 | services or to receive anything of value from a person engaged | ||||||
2 | in the sex trade prostitute , if the thing received is not for | ||||||
3 | lawful consideration and the person knows it was earned in | ||||||
4 | whole or in part from the practice of prostitution. | ||||||
5 | "Public park". See Section 11-9.3. | ||||||
6 | "Public place". See Section 11-30. | ||||||
7 | "Reproduce". See Section 11-20.1. | ||||||
8 | "Sado-masochistic abuse". See Section 11-21. | ||||||
9 | "School". See Section 11-9.3. | ||||||
10 | "School official". See Section 11-9.3. | ||||||
11 | "Sexual abuse". See Section 11-9.1A. | ||||||
12 | "Sexual act". See Section 11-9.1. | ||||||
13 | "Sexual conduct" means any knowing touching or fondling by | ||||||
14 | the victim or the accused, either directly or through | ||||||
15 | clothing, of the sex organs, anus, or breast of the victim or | ||||||
16 | the accused, or any part of the body of a child under 13 years | ||||||
17 | of age, or any transfer or transmission of semen by the accused | ||||||
18 | upon any part of the clothed or unclothed body of the victim, | ||||||
19 | for the purpose of sexual gratification or arousal of the | ||||||
20 | victim or the accused. | ||||||
21 | "Sexual excitement". See Section 11-21. | ||||||
22 | "Sexual penetration" means any contact, however slight, | ||||||
23 | between the sex organ or anus of one person and an object or | ||||||
24 | the sex organ, mouth, or anus of another person, or any | ||||||
25 | intrusion, however slight, of any part of the body of one | ||||||
26 | person or of any animal or object into the sex organ or anus of |
| |||||||
| |||||||
1 | another person, including, but not limited to, cunnilingus, | ||||||
2 | fellatio, or anal penetration. Evidence of emission of semen | ||||||
3 | is not required to prove sexual penetration. | ||||||
4 | "Solicit". See Section 11-6. | ||||||
5 | "State-operated facility". See Section 11-9.5. | ||||||
6 | "Supervising officer". See Section 11-9.2. | ||||||
7 | "Surveillance agent". See Section 11-9.2. | ||||||
8 | "Treatment and detention facility". See Section 11-9.2. | ||||||
9 | "Unable to give knowing consent" includes when the accused | ||||||
10 | administers any intoxicating or anesthetic substance, or any | ||||||
11 | controlled substance causing the victim to become unconscious | ||||||
12 | of the nature of the act and this condition was known, or | ||||||
13 | reasonably should have been known by the accused. "Unable to | ||||||
14 | give knowing consent" also includes when the victim has taken | ||||||
15 | an intoxicating substance or any controlled substance causing | ||||||
16 | the victim to become unconscious of the nature of the act, and | ||||||
17 | this condition was known or reasonably should have been known | ||||||
18 | by the accused, but the accused did not provide or administer | ||||||
19 | the intoxicating substance. As used in this paragraph, | ||||||
20 | "unconscious of the nature of the act" means incapable of | ||||||
21 | resisting because the victim meets any one of the following | ||||||
22 | conditions: | ||||||
23 | (1) was unconscious or asleep; | ||||||
24 | (2) was not aware, knowing, perceiving, or cognizant | ||||||
25 | that the act occurred; | ||||||
26 | (3) was not aware, knowing, perceiving, or cognizant |
| |||||||
| |||||||
1 | of the essential characteristics of the act due to the | ||||||
2 | perpetrator's fraud in fact; or | ||||||
3 | (4) was not aware, knowing, perceiving, or cognizant | ||||||
4 | of the essential characteristics of the act due to the | ||||||
5 | perpetrator's fraudulent representation that the sexual | ||||||
6 | penetration served a professional purpose when it served | ||||||
7 | no professional purpose. | ||||||
8 | A victim is presumed "unable to give knowing consent" when | ||||||
9 | the victim: | ||||||
10 | (1) is committed to the care and custody or | ||||||
11 | supervision of the Illinois Department of Corrections | ||||||
12 | (IDOC) and the accused is an employee or volunteer who is | ||||||
13 | not married to the victim who knows or reasonably should | ||||||
14 | know that the victim is committed to the care and custody | ||||||
15 | or supervision of such department; | ||||||
16 | (2) is committed to or placed with the Department of | ||||||
17 | Children and Family Services (DCFS) and in residential | ||||||
18 | care, and the accused employee is not married to the | ||||||
19 | victim, and knows or reasonably should know that the | ||||||
20 | victim is committed to or placed with DCFS and in | ||||||
21 | residential care; | ||||||
22 | (3) is a client or patient and the accused is a health | ||||||
23 | care provider or mental health care provider and the | ||||||
24 | sexual conduct or sexual penetration occurs during a | ||||||
25 | treatment session, consultation, interview, or | ||||||
26 | examination; |
| |||||||
| |||||||
1 | (4) is a resident or inpatient of a residential | ||||||
2 | facility and the accused is an employee of the facility | ||||||
3 | who is not married to such resident or inpatient who | ||||||
4 | provides direct care services, case management services, | ||||||
5 | medical or other clinical services, habilitative services | ||||||
6 | or direct supervision of the residents in the facility in | ||||||
7 | which the resident resides; or an officer or other | ||||||
8 | employee, consultant, contractor or volunteer of the | ||||||
9 | residential facility, who knows or reasonably should know | ||||||
10 | that the person is a resident of such facility; or | ||||||
11 | (5) is detained or otherwise in the custody of a | ||||||
12 | police officer, peace officer, or other law enforcement | ||||||
13 | official who: (i) is detaining or maintaining custody of | ||||||
14 | such person; or (ii) knows, or reasonably should know, | ||||||
15 | that at the time of the offense, such person was detained | ||||||
16 | or in custody and the police officer, peace officer, or | ||||||
17 | other law enforcement official is not married to such | ||||||
18 | detainee. | ||||||
19 | "Victim" means a person alleging to have been subjected to | ||||||
20 | an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, | ||||||
21 | 11-1.50, or 11-1.60 of this Code. | ||||||
22 | (Source: P.A. 102-567, eff. 1-1-22; 102-1096, eff. 1-1-23 .)
| ||||||
23 | (720 ILCS 5/11-9.3) | ||||||
24 | Sec. 11-9.3. Presence within school zone by child sex | ||||||
25 | offenders prohibited; approaching, contacting, residing with, |
| |||||||
| |||||||
1 | or communicating with a child within certain places by child | ||||||
2 | sex offenders prohibited. | ||||||
3 | (a) It is unlawful for a child sex offender to knowingly be | ||||||
4 | present in any school building, on real property comprising | ||||||
5 | any school, or in any conveyance owned, leased, or contracted | ||||||
6 | by a school to transport students to or from school or a school | ||||||
7 | related activity when persons under the age of 18 are present | ||||||
8 | in the building, on the grounds or in the conveyance, unless | ||||||
9 | the offender is a parent or guardian of a student attending the | ||||||
10 | school and the parent or guardian is: (i) attending a | ||||||
11 | conference at the school with school personnel to discuss the | ||||||
12 | progress of his or her child academically or socially, (ii) | ||||||
13 | participating in child review conferences in which evaluation | ||||||
14 | and placement decisions may be made with respect to his or her | ||||||
15 | child regarding special education services, or (iii) attending | ||||||
16 | conferences to discuss other student issues concerning his or | ||||||
17 | her child such as retention and promotion and notifies the | ||||||
18 | principal of the school of his or her presence at the school or | ||||||
19 | unless the offender has permission to be present from the | ||||||
20 | superintendent or the school board or in the case of a private | ||||||
21 | school from the principal. In the case of a public school, if | ||||||
22 | permission is granted, the superintendent or school board | ||||||
23 | president must inform the principal of the school where the | ||||||
24 | sex offender will be present. Notification includes the nature | ||||||
25 | of the sex offender's visit and the hours in which the sex | ||||||
26 | offender will be present in the school. The sex offender is |
| |||||||
| |||||||
1 | responsible for notifying the principal's office when he or | ||||||
2 | she arrives on school property and when he or she departs from | ||||||
3 | school property. If the sex offender is to be present in the | ||||||
4 | vicinity of children, the sex offender has the duty to remain | ||||||
5 | under the direct supervision of a school official. | ||||||
6 | (a-5) It is unlawful for a child sex offender to knowingly | ||||||
7 | be present within 100 feet of a site posted as a pick-up or | ||||||
8 | discharge stop for a conveyance owned, leased, or contracted | ||||||
9 | by a school to transport students to or from school or a school | ||||||
10 | related activity when one or more persons under the age of 18 | ||||||
11 | are present at the site. | ||||||
12 | (a-10) It is unlawful for a child sex offender to | ||||||
13 | knowingly be present in any public park building, a playground | ||||||
14 | or recreation area within any publicly accessible privately | ||||||
15 | owned building, or on real property comprising any public park | ||||||
16 | when persons under the age of 18 are present in the building or | ||||||
17 | on the grounds and to approach, contact, or communicate with a | ||||||
18 | child under 18 years of age, unless the offender is a parent or | ||||||
19 | guardian of a person under 18 years of age present in the | ||||||
20 | building or on the grounds. | ||||||
21 | (b) It is unlawful for a child sex offender to knowingly | ||||||
22 | loiter within 500 feet of a school building or real property | ||||||
23 | comprising any school while persons under the age of 18 are | ||||||
24 | present in the building or on the grounds, unless the offender | ||||||
25 | is a parent or guardian of a student attending the school and | ||||||
26 | the parent or guardian is: (i) attending a conference at the |
| |||||||
| |||||||
1 | school with school personnel to discuss the progress of his or | ||||||
2 | her child academically or socially, (ii) participating in | ||||||
3 | child review conferences in which evaluation and placement | ||||||
4 | decisions may be made with respect to his or her child | ||||||
5 | regarding special education services, or (iii) attending | ||||||
6 | conferences to discuss other student issues concerning his or | ||||||
7 | her child such as retention and promotion and notifies the | ||||||
8 | principal of the school of his or her presence at the school or | ||||||
9 | has permission to be present from the superintendent or the | ||||||
10 | school board or in the case of a private school from the | ||||||
11 | principal. In the case of a public school, if permission is | ||||||
12 | granted, the superintendent or school board president must | ||||||
13 | inform the principal of the school where the sex offender will | ||||||
14 | be present. Notification includes the nature of the sex | ||||||
15 | offender's visit and the hours in which the sex offender will | ||||||
16 | be present in the school. The sex offender is responsible for | ||||||
17 | notifying the principal's office when he or she arrives on | ||||||
18 | school property and when he or she departs from school | ||||||
19 | property. If the sex offender is to be present in the vicinity | ||||||
20 | of children, the sex offender has the duty to remain under the | ||||||
21 | direct supervision of a school official. | ||||||
22 | (b-2) It is unlawful for a child sex offender to knowingly | ||||||
23 | loiter on a public way within 500 feet of a public park | ||||||
24 | building or real property comprising any public park while | ||||||
25 | persons under the age of 18 are present in the building or on | ||||||
26 | the grounds and to approach, contact, or communicate with a |
| |||||||
| |||||||
1 | child under 18 years of age, unless the offender is a parent or | ||||||
2 | guardian of a person under 18 years of age present in the | ||||||
3 | building or on the grounds. | ||||||
4 | (b-5) It is unlawful for a child sex offender to knowingly | ||||||
5 | reside within 500 feet of a school building or the real | ||||||
6 | property comprising any school that persons under the age of | ||||||
7 | 18 attend. Nothing in this subsection (b-5) prohibits a child | ||||||
8 | sex offender from residing within 500 feet of a school | ||||||
9 | building or the real property comprising any school that | ||||||
10 | persons under 18 attend if the property is owned by the child | ||||||
11 | sex offender and was purchased before July 7, 2000 (the | ||||||
12 | effective date of Public Act 91-911). | ||||||
13 | (b-10) It is unlawful for a child sex offender to | ||||||
14 | knowingly reside within 500 feet of a playground, child care | ||||||
15 | institution, day care center, part day child care facility, | ||||||
16 | day care home, group day care home, or a facility providing | ||||||
17 | programs or services exclusively directed toward persons under | ||||||
18 | 18 years of age. Nothing in this subsection (b-10) prohibits a | ||||||
19 | child sex offender from residing within 500 feet of a | ||||||
20 | playground or a facility providing programs or services | ||||||
21 | exclusively directed toward persons under 18 years of age if | ||||||
22 | the property is owned by the child sex offender and was | ||||||
23 | purchased before July 7, 2000. Nothing in this subsection | ||||||
24 | (b-10) prohibits a child sex offender from residing within 500 | ||||||
25 | feet of a child care institution, day care center, or part day | ||||||
26 | child care facility if the property is owned by the child sex |
| |||||||
| |||||||
1 | offender and was purchased before June 26, 2006. Nothing in | ||||||
2 | this subsection (b-10) prohibits a child sex offender from | ||||||
3 | residing within 500 feet of a day care home or group day care | ||||||
4 | home if the property is owned by the child sex offender and was | ||||||
5 | purchased before August 14, 2008 (the effective date of Public | ||||||
6 | Act 95-821). | ||||||
7 | (b-15) It is unlawful for a child sex offender to | ||||||
8 | knowingly reside within 500 feet of the victim of the sex | ||||||
9 | offense. Nothing in this subsection (b-15) prohibits a child | ||||||
10 | sex offender from residing within 500 feet of the victim if the | ||||||
11 | property in which the child sex offender resides is owned by | ||||||
12 | the child sex offender and was purchased before August 22, | ||||||
13 | 2002. | ||||||
14 | This subsection (b-15) does not apply if the victim of the | ||||||
15 | sex offense is 21 years of age or older. | ||||||
16 | (b-20) It is unlawful for a child sex offender to | ||||||
17 | knowingly communicate, other than for a lawful purpose under | ||||||
18 | Illinois law, using the Internet or any other digital media, | ||||||
19 | with a person under 18 years of age or with a person whom he or | ||||||
20 | she believes to be a person under 18 years of age, unless the | ||||||
21 | offender is a parent or guardian of the person under 18 years | ||||||
22 | of age. | ||||||
23 | (c) It is unlawful for a child sex offender to knowingly | ||||||
24 | operate, manage, be employed by, volunteer at, be associated | ||||||
25 | with, or knowingly be present at any: (i) facility providing | ||||||
26 | programs or services exclusively directed toward persons under |
| |||||||
| |||||||
1 | the age of 18; (ii) day care center; (iii) part day child care | ||||||
2 | facility; (iv) child care institution; (v) school providing | ||||||
3 | before and after school programs for children under 18 years | ||||||
4 | of age; (vi) day care home; or (vii) group day care home. This | ||||||
5 | does not prohibit a child sex offender from owning the real | ||||||
6 | property upon which the programs or services are offered or | ||||||
7 | upon which the day care center, part day child care facility, | ||||||
8 | child care institution, or school providing before and after | ||||||
9 | school programs for children under 18 years of age is located, | ||||||
10 | provided the child sex offender refrains from being present on | ||||||
11 | the premises for the hours during which: (1) the programs or | ||||||
12 | services are being offered or (2) the day care center, part day | ||||||
13 | child care facility, child care institution, or school | ||||||
14 | providing before and after school programs for children under | ||||||
15 | 18 years of age, day care home, or group day care home is | ||||||
16 | operated. | ||||||
17 | (c-2) It is unlawful for a child sex offender to | ||||||
18 | participate in a holiday event involving children under 18 | ||||||
19 | years of age, including but not limited to distributing candy | ||||||
20 | or other items to children on Halloween, wearing a Santa Claus | ||||||
21 | costume on or preceding Christmas, being employed as a | ||||||
22 | department store Santa Claus, or wearing an Easter Bunny | ||||||
23 | costume on or preceding Easter. For the purposes of this | ||||||
24 | subsection, child sex offender has the meaning as defined in | ||||||
25 | this Section, but does not include as a sex offense under | ||||||
26 | paragraph (2) of subsection (d) of this Section, the offense |
| |||||||
| |||||||
1 | under subsection (c) of Section 11-1.50 of this Code. This | ||||||
2 | subsection does not apply to a child sex offender who is a | ||||||
3 | parent or guardian of children under 18 years of age that are | ||||||
4 | present in the home and other non-familial minors are not | ||||||
5 | present. | ||||||
6 | (c-5) It is unlawful for a child sex offender to knowingly | ||||||
7 | operate, manage, be employed by, or be associated with any | ||||||
8 | carnival, amusement enterprise, or county or State fair when | ||||||
9 | persons under the age of 18 are present. | ||||||
10 | (c-6) It is unlawful for a child sex offender who owns and | ||||||
11 | resides at residential real estate to knowingly rent any | ||||||
12 | residential unit within the same building in which he or she | ||||||
13 | resides to a person who is the parent or guardian of a child or | ||||||
14 | children under 18 years of age. This subsection shall apply | ||||||
15 | only to leases or other rental arrangements entered into after | ||||||
16 | January 1, 2009 (the effective date of Public Act 95-820). | ||||||
17 | (c-7) It is unlawful for a child sex offender to knowingly | ||||||
18 | offer or provide any programs or services to persons under 18 | ||||||
19 | years of age in his or her residence or the residence of | ||||||
20 | another or in any facility for the purpose of offering or | ||||||
21 | providing such programs or services, whether such programs or | ||||||
22 | services are offered or provided by contract, agreement, | ||||||
23 | arrangement, or on a volunteer basis. | ||||||
24 | (c-8) It is unlawful for a child sex offender to knowingly | ||||||
25 | operate, whether authorized to do so or not, any of the | ||||||
26 | following vehicles: (1) a vehicle which is specifically |
| |||||||
| |||||||
1 | designed, constructed or modified and equipped to be used for | ||||||
2 | the retail sale of food or beverages, including but not | ||||||
3 | limited to an ice cream truck; (2) an authorized emergency | ||||||
4 | vehicle; or (3) a rescue vehicle. | ||||||
5 | (d) Definitions. In this Section: | ||||||
6 | (1) "Child sex offender" means any person who: | ||||||
7 | (i) has been charged under Illinois law, or any | ||||||
8 | substantially similar federal law or law of another | ||||||
9 | state, with a sex offense set forth in paragraph (2) of | ||||||
10 | this subsection (d) or the attempt to commit an | ||||||
11 | included sex offense, and the victim is a person under | ||||||
12 | 18 years of age at the time of the offense; and: | ||||||
13 | (A) is convicted of such offense or an attempt | ||||||
14 | to commit such offense; or | ||||||
15 | (B) is found not guilty by reason of insanity | ||||||
16 | of such offense or an attempt to commit such | ||||||
17 | offense; or | ||||||
18 | (C) is found not guilty by reason of insanity | ||||||
19 | pursuant to subsection (c) of Section 104-25 of | ||||||
20 | the Code of Criminal Procedure of 1963 of such | ||||||
21 | offense or an attempt to commit such offense; or | ||||||
22 | (D) is the subject of a finding not resulting | ||||||
23 | in an acquittal at a hearing conducted pursuant to | ||||||
24 | subsection (a) of Section 104-25 of the Code of | ||||||
25 | Criminal Procedure of 1963 for the alleged | ||||||
26 | commission or attempted commission of such |
| |||||||
| |||||||
1 | offense; or | ||||||
2 | (E) is found not guilty by reason of insanity | ||||||
3 | following a hearing conducted pursuant to a | ||||||
4 | federal law or the law of another state | ||||||
5 | substantially similar to subsection (c) of Section | ||||||
6 | 104-25 of the Code of Criminal Procedure of 1963 | ||||||
7 | of such offense or of the attempted commission of | ||||||
8 | such offense; or | ||||||
9 | (F) is the subject of a finding not resulting | ||||||
10 | in an acquittal at a hearing conducted pursuant to | ||||||
11 | a federal law or the law of another state | ||||||
12 | substantially similar to subsection (a) of Section | ||||||
13 | 104-25 of the Code of Criminal Procedure of 1963 | ||||||
14 | for the alleged violation or attempted commission | ||||||
15 | of such offense; or | ||||||
16 | (ii) is certified as a sexually dangerous person | ||||||
17 | pursuant to the Illinois Sexually Dangerous Persons | ||||||
18 | Act, or any substantially similar federal law or the | ||||||
19 | law of another state, when any conduct giving rise to | ||||||
20 | such certification is committed or attempted against a | ||||||
21 | person less than 18 years of age; or | ||||||
22 | (iii) is subject to the provisions of Section 2 of | ||||||
23 | the Interstate Agreements on Sexually Dangerous | ||||||
24 | Persons Act. | ||||||
25 | Convictions that result from or are connected with the | ||||||
26 | same act, or result from offenses committed at the same |
| |||||||
| |||||||
1 | time, shall be counted for the purpose of this Section as | ||||||
2 | one conviction. Any conviction set aside pursuant to law | ||||||
3 | is not a conviction for purposes of this Section. | ||||||
4 | (2) Except as otherwise provided in paragraph (2.5), | ||||||
5 | "sex offense" means: | ||||||
6 | (i) A violation of any of the following Sections | ||||||
7 | of the Criminal Code of 1961 or the Criminal Code of | ||||||
8 | 2012: 10-4 (forcible detention), 10-7 (aiding or | ||||||
9 | abetting child abduction under Section 10-5(b)(10)), | ||||||
10 | 10-5(b)(10) (child luring), 11-1.40 (predatory | ||||||
11 | criminal sexual assault of a child), 11-6 (indecent | ||||||
12 | solicitation of a child), 11-6.5 (indecent | ||||||
13 | solicitation of an adult), 11-9.1 (sexual exploitation | ||||||
14 | of a child), 11-9.2 (custodial sexual misconduct), | ||||||
15 | 11-9.5 (sexual misconduct with a person with a | ||||||
16 | disability), 11-11 (sexual relations within families), | ||||||
17 | 11-14.3(a)(1) (promoting prostitution by advancing | ||||||
18 | prostitution), 11-14.3(a)(2)(A) (promoting | ||||||
19 | prostitution by profiting from prostitution by | ||||||
20 | compelling a person to be a person engaged in the sex | ||||||
21 | trade prostitute ), 11-14.3(a)(2)(C) (promoting | ||||||
22 | prostitution by profiting from prostitution by means | ||||||
23 | other than as described in subparagraphs (A) and (B) | ||||||
24 | of paragraph (2) of subsection (a) of Section | ||||||
25 | 11-14.3), 11-14.4 (promoting commercial sexual | ||||||
26 | exploitation of a child juvenile prostitution ), |
| |||||||
| |||||||
1 | 11-18.1 (patronizing a sexually exploited child | ||||||
2 | juvenile prostitute ), 11-20.1 (child pornography), | ||||||
3 | 11-20.1B (aggravated child pornography), 11-21 | ||||||
4 | (harmful material), 11-25 (grooming), 11-26 (traveling | ||||||
5 | to meet a minor or traveling to meet a child), 12-33 | ||||||
6 | (ritualized abuse of a child), 11-20 (obscenity) (when | ||||||
7 | that offense was committed in any school, on real | ||||||
8 | property comprising any school, in any conveyance | ||||||
9 | owned, leased, or contracted by a school to transport | ||||||
10 | students to or from school or a school related | ||||||
11 | activity, or in a public park), 11-30 (public | ||||||
12 | indecency) (when committed in a school, on real | ||||||
13 | property comprising a school, in any conveyance owned, | ||||||
14 | leased, or contracted by a school to transport | ||||||
15 | students to or from school or a school related | ||||||
16 | activity, or in a public park). An attempt to commit | ||||||
17 | any of these offenses. | ||||||
18 | (ii) A violation of any of the following Sections | ||||||
19 | of the Criminal Code of 1961 or the Criminal Code of | ||||||
20 | 2012, when the victim is a person under 18 years of | ||||||
21 | age: 11-1.20 (criminal sexual assault), 11-1.30 | ||||||
22 | (aggravated criminal sexual assault), 11-1.50 | ||||||
23 | (criminal sexual abuse), 11-1.60 (aggravated criminal | ||||||
24 | sexual abuse). An attempt to commit any of these | ||||||
25 | offenses. | ||||||
26 | (iii) A violation of any of the following Sections |
| |||||||
| |||||||
1 | of the Criminal Code of 1961 or the Criminal Code of | ||||||
2 | 2012, when the victim is a person under 18 years of age | ||||||
3 | and the defendant is not a parent of the victim: | ||||||
4 | 10-1 (kidnapping), | ||||||
5 | 10-2 (aggravated kidnapping), | ||||||
6 | 10-3 (unlawful restraint), | ||||||
7 | 10-3.1 (aggravated unlawful restraint), | ||||||
8 | 11-9.1(A) (permitting sexual abuse of a child). | ||||||
9 | An attempt to commit any of these offenses. | ||||||
10 | (iv) A violation of any former law of this State | ||||||
11 | substantially equivalent to any offense listed in | ||||||
12 | clause (2)(i) or (2)(ii) of subsection (d) of this | ||||||
13 | Section. | ||||||
14 | (2.5) For the purposes of subsections (b-5) and (b-10) | ||||||
15 | only, a sex offense means: | ||||||
16 | (i) A violation of any of the following Sections | ||||||
17 | of the Criminal Code of 1961 or the Criminal Code of | ||||||
18 | 2012: | ||||||
19 | 10-5(b)(10) (child luring), 10-7 (aiding or | ||||||
20 | abetting child abduction under Section 10-5(b)(10)), | ||||||
21 | 11-1.40 (predatory criminal sexual assault of a | ||||||
22 | child), 11-6 (indecent solicitation of a child), | ||||||
23 | 11-6.5 (indecent solicitation of an adult), 11-9.2 | ||||||
24 | (custodial sexual misconduct), 11-9.5 (sexual | ||||||
25 | misconduct with a person with a disability), 11-11 | ||||||
26 | (sexual relations within families), 11-14.3(a)(1) |
| |||||||
| |||||||
1 | (promoting prostitution by advancing prostitution), | ||||||
2 | 11-14.3(a)(2)(A) (promoting prostitution by profiting | ||||||
3 | from prostitution by compelling a person to be a | ||||||
4 | person engaged in the sex trade prostitute ), | ||||||
5 | 11-14.3(a)(2)(C) (promoting prostitution by profiting | ||||||
6 | from prostitution by means other than as described in | ||||||
7 | subparagraphs (A) and (B) of paragraph (2) of | ||||||
8 | subsection (a) of Section 11-14.3), 11-14.4 (promoting | ||||||
9 | commercial sexual exploitation of a child juvenile | ||||||
10 | prostitution ), 11-18.1 (patronizing a sexually | ||||||
11 | exploited child juvenile prostitute ), 11-20.1 (child | ||||||
12 | pornography), 11-20.1B (aggravated child pornography), | ||||||
13 | 11-25 (grooming), 11-26 (traveling to meet a minor or | ||||||
14 | traveling to meet a child), or 12-33 (ritualized abuse | ||||||
15 | of a child). An attempt to commit any of these | ||||||
16 | offenses. | ||||||
17 | (ii) A violation of any of the following Sections | ||||||
18 | of the Criminal Code of 1961 or the Criminal Code of | ||||||
19 | 2012, when the victim is a person under 18 years of | ||||||
20 | age: 11-1.20 (criminal sexual assault), 11-1.30 | ||||||
21 | (aggravated criminal sexual assault), 11-1.60 | ||||||
22 | (aggravated criminal sexual abuse), and subsection (a) | ||||||
23 | of Section 11-1.50 (criminal sexual abuse). An attempt | ||||||
24 | to commit any of these offenses. | ||||||
25 | (iii) A violation of any of the following Sections | ||||||
26 | of the Criminal Code of 1961 or the Criminal Code of |
| |||||||
| |||||||
1 | 2012, when the victim is a person under 18 years of age | ||||||
2 | and the defendant is not a parent of the victim: | ||||||
3 | 10-1 (kidnapping), | ||||||
4 | 10-2 (aggravated kidnapping), | ||||||
5 | 10-3 (unlawful restraint), | ||||||
6 | 10-3.1 (aggravated unlawful restraint), | ||||||
7 | 11-9.1(A) (permitting sexual abuse of a child). | ||||||
8 | An attempt to commit any of these offenses. | ||||||
9 | (iv) A violation of any former law of this State | ||||||
10 | substantially equivalent to any offense listed in this | ||||||
11 | paragraph (2.5) of this subsection. | ||||||
12 | (3) A conviction for an offense of federal law or the | ||||||
13 | law of another state that is substantially equivalent to | ||||||
14 | any offense listed in paragraph (2) of subsection (d) of | ||||||
15 | this Section shall constitute a conviction for the purpose | ||||||
16 | of this Section. A finding or adjudication as a sexually | ||||||
17 | dangerous person under any federal law or law of another | ||||||
18 | state that is substantially equivalent to the Sexually | ||||||
19 | Dangerous Persons Act shall constitute an adjudication for | ||||||
20 | the purposes of this Section. | ||||||
21 | (4) "Authorized emergency vehicle", "rescue vehicle", | ||||||
22 | and "vehicle" have the meanings ascribed to them in | ||||||
23 | Sections 1-105, 1-171.8 and 1-217, respectively, of the | ||||||
24 | Illinois Vehicle Code. | ||||||
25 | (5) "Child care institution" has the meaning ascribed | ||||||
26 | to it in Section 2.06 of the Child Care Act of 1969. |
| |||||||
| |||||||
1 | (6) "Day care center" has the meaning ascribed to it | ||||||
2 | in Section 2.09 of the Child Care Act of 1969. | ||||||
3 | (7) "Day care home" has the meaning ascribed to it in | ||||||
4 | Section 2.18 of the Child Care Act of 1969. | ||||||
5 | (8) "Facility providing programs or services directed | ||||||
6 | towards persons under the age of 18" means any facility | ||||||
7 | providing programs or services exclusively directed | ||||||
8 | towards persons under the age of 18. | ||||||
9 | (9) "Group day care home" has the meaning ascribed to | ||||||
10 | it in Section 2.20 of the Child Care Act of 1969. | ||||||
11 | (10) "Internet" has the meaning set forth in Section | ||||||
12 | 16-0.1 of this Code. | ||||||
13 | (11) "Loiter" means: | ||||||
14 | (i) Standing, sitting idly, whether or not the | ||||||
15 | person is in a vehicle, or remaining in or around | ||||||
16 | school or public park property. | ||||||
17 | (ii) Standing, sitting idly, whether or not the | ||||||
18 | person is in a vehicle, or remaining in or around | ||||||
19 | school or public park property, for the purpose of | ||||||
20 | committing or attempting to commit a sex offense. | ||||||
21 | (iii) Entering or remaining in a building in or | ||||||
22 | around school property, other than the offender's | ||||||
23 | residence. | ||||||
24 | (12) "Part day child care facility" has the meaning | ||||||
25 | ascribed to it in Section 2.10 of the Child Care Act of | ||||||
26 | 1969. |
| |||||||
| |||||||
1 | (13) "Playground" means a piece of land owned or | ||||||
2 | controlled by a unit of local government that is | ||||||
3 | designated by the unit of local government for use solely | ||||||
4 | or primarily for children's recreation. | ||||||
5 | (14) "Public park" includes a park, forest preserve, | ||||||
6 | bikeway, trail, or conservation area under the | ||||||
7 | jurisdiction of the State or a unit of local government. | ||||||
8 | (15) "School" means a public or private preschool or | ||||||
9 | elementary or secondary school. | ||||||
10 | (16) "School official" means the principal, a teacher, | ||||||
11 | or any other certified employee of the school, the | ||||||
12 | superintendent of schools or a member of the school board. | ||||||
13 | (e) For the purposes of this Section, the 500 feet | ||||||
14 | distance shall be measured from: (1) the edge of the property | ||||||
15 | of the school building or the real property comprising the | ||||||
16 | school that is closest to the edge of the property of the child | ||||||
17 | sex offender's residence or where he or she is loitering, and | ||||||
18 | (2) the edge of the property comprising the public park | ||||||
19 | building or the real property comprising the public park, | ||||||
20 | playground, child care institution, day care center, part day | ||||||
21 | child care facility, or facility providing programs or | ||||||
22 | services exclusively directed toward persons under 18 years of | ||||||
23 | age, or a victim of the sex offense who is under 21 years of | ||||||
24 | age, to the edge of the child sex offender's place of residence | ||||||
25 | or place where he or she is loitering. | ||||||
26 | (f) Sentence. A person who violates this Section is guilty |
| |||||||
| |||||||
1 | of a Class 4 felony. | ||||||
2 | (Source: P.A. 102-997, eff. 1-1-23 .)
| ||||||
3 | (720 ILCS 5/11-14.3) | ||||||
4 | Sec. 11-14.3. Promoting prostitution. | ||||||
5 | (a) Any person who knowingly performs any of the following | ||||||
6 | acts commits promoting prostitution: | ||||||
7 | (1) advances prostitution as defined in Section | ||||||
8 | 11-0.1; | ||||||
9 | (2) profits from prostitution by: | ||||||
10 | (A) compelling a person to become a person engaged | ||||||
11 | in the sex trade prostitute ; | ||||||
12 | (B) arranging or offering to arrange a situation | ||||||
13 | in which a person may practice prostitution; or | ||||||
14 | (C) any means other than those described in | ||||||
15 | subparagraph (A) or (B), including from a person who | ||||||
16 | patronizes a person engaged in the sex trade | ||||||
17 | prostitute . This paragraph (C) does not apply to a | ||||||
18 | person engaged in prostitution who is under 18 years | ||||||
19 | of age. A person cannot be convicted of promoting | ||||||
20 | prostitution under this paragraph (C) if the practice | ||||||
21 | of prostitution underlying the offense consists | ||||||
22 | exclusively of the accused's own acts of prostitution | ||||||
23 | under Section 11-14 of this Code. | ||||||
24 | (b) Sentence. | ||||||
25 | (1) A violation of subdivision (a)(1) is a Class 4 |
| |||||||
| |||||||
1 | felony, unless committed within 1,000 feet of real | ||||||
2 | property comprising a school, in which case it is a Class 3 | ||||||
3 | felony. A second or subsequent violation of subdivision | ||||||
4 | (a)(1), or any combination of convictions under | ||||||
5 | subdivision (a)(1), (a)(2)(A), or (a)(2)(B) and Section | ||||||
6 | 11-14 (prostitution), 11-14.1 (solicitation of a sexual | ||||||
7 | act), 11-14.4 (promoting commercial sexual exploitation of | ||||||
8 | a child juvenile prostitution ), 11-15 (soliciting for a | ||||||
9 | person engaged in the sex trade prostitute ), 11-15.1 | ||||||
10 | (soliciting for a sexually exploited child juvenile | ||||||
11 | prostitute ), 11-16 (pandering), 11-17 (keeping a place of | ||||||
12 | prostitution), 11-17.1 (keeping a place of commercial | ||||||
13 | sexual exploitation of a child juvenile prostitution ), | ||||||
14 | 11-18 (patronizing a person engaged in the sex trade | ||||||
15 | prostitute ), 11-18.1 (patronizing a sexually exploited | ||||||
16 | child juvenile prostitute ), 11-19 (pimping), 11-19.1 | ||||||
17 | (juvenile pimping or aggravated juvenile pimping), or | ||||||
18 | 11-19.2 (exploitation of a child), is a Class 3 felony. | ||||||
19 | (2) A violation of subdivision (a)(2)(A) or (a)(2)(B) | ||||||
20 | is a Class 4 felony, unless committed within 1,000 feet of | ||||||
21 | real property comprising a school, in which case it is a | ||||||
22 | Class 3 felony. | ||||||
23 | (3) A violation of subdivision (a)(2)(C) is a Class 4 | ||||||
24 | felony, unless committed within 1,000 feet of real | ||||||
25 | property comprising a school, in which case it is a Class 3 | ||||||
26 | felony. A second or subsequent violation of subdivision |
| |||||||
| |||||||
1 | (a)(2)(C), or any combination of convictions under | ||||||
2 | subdivision (a)(2)(C) and subdivision (a)(1), (a)(2)(A), | ||||||
3 | or (a)(2)(B) of this Section (promoting prostitution), | ||||||
4 | 11-14 (prostitution), 11-14.1 (solicitation of a sexual | ||||||
5 | act), 11-14.4 (promoting commercial sexual exploitation of | ||||||
6 | a child juvenile prostitution ), 11-15 (soliciting for a | ||||||
7 | person engaged in the sex trade prostitute ), 11-15.1 | ||||||
8 | (soliciting for a sexually exploited child juvenile | ||||||
9 | prostitute ), 11-16 (pandering), 11-17 (keeping a place of | ||||||
10 | prostitution), 11-17.1 (keeping a place of commercial | ||||||
11 | sexual exploitation of a child juvenile prostitution ), | ||||||
12 | 11-18 (patronizing a person engaged in the sex trade | ||||||
13 | prostitute ), 11-18.1 (patronizing a sexually exploited | ||||||
14 | child juvenile prostitute ), 11-19 (pimping), 11-19.1 | ||||||
15 | (juvenile pimping or aggravated juvenile pimping), or | ||||||
16 | 11-19.2 (exploitation of a child), is a Class 3 felony. | ||||||
17 | If the court imposes a fine under this subsection (b), it | ||||||
18 | shall be collected and distributed to the Specialized Services | ||||||
19 | for Survivors of Human Trafficking Fund in accordance with | ||||||
20 | Section 5-9-1.21 of the Unified Code of Corrections. | ||||||
21 | (Source: P.A. 98-1013, eff. 1-1-15 .)
| ||||||
22 | (720 ILCS 5/11-14.4) | ||||||
23 | Sec. 11-14.4. Promoting commercial sexual exploitation of | ||||||
24 | a child juvenile prostitution . | ||||||
25 | (a) Any person who knowingly performs any of the following |
| |||||||
| |||||||
1 | acts commits promoting commercial sexual exploitation of a | ||||||
2 | child juvenile prostitution : | ||||||
3 | (1) advances prostitution as defined in Section | ||||||
4 | 11-0.1, where the minor engaged in prostitution, or any | ||||||
5 | person engaged in prostitution in the place, is under 18 | ||||||
6 | years of age or is a person with a severe or profound | ||||||
7 | intellectual disability at the time of the offense; | ||||||
8 | (2) profits from prostitution by any means where the | ||||||
9 | person engaged in the sex trade prostituted person is a | ||||||
10 | sexually exploited child under 18 years of age or is a | ||||||
11 | person with a severe or profound intellectual disability | ||||||
12 | at the time of the offense; | ||||||
13 | (3) profits from prostitution by any means where the | ||||||
14 | sexually exploited child prostituted person is under 13 | ||||||
15 | years of age at the time of the offense; | ||||||
16 | (4) confines a child under the age of 18 or a person | ||||||
17 | with a severe or profound intellectual disability against | ||||||
18 | his or her will by the infliction or threat of imminent | ||||||
19 | infliction of great bodily harm or permanent disability or | ||||||
20 | disfigurement or by administering to the child or the | ||||||
21 | person with a severe or profound intellectual disability, | ||||||
22 | without his or her consent or by threat or deception and | ||||||
23 | for other than medical purposes, any alcoholic intoxicant | ||||||
24 | or a drug as defined in the Illinois Controlled Substances | ||||||
25 | Act or the Cannabis Control Act or methamphetamine as | ||||||
26 | defined in the Methamphetamine Control and Community |
| |||||||
| |||||||
1 | Protection Act and: | ||||||
2 | (A) compels the child or the person with a severe | ||||||
3 | or profound intellectual disability to engage in | ||||||
4 | prostitution; | ||||||
5 | (B) arranges a situation in which the child or the | ||||||
6 | person with a severe or profound intellectual | ||||||
7 | disability may practice prostitution; or | ||||||
8 | (C) profits from prostitution by the child or the | ||||||
9 | person with a severe or profound intellectual | ||||||
10 | disability. | ||||||
11 | (b) For purposes of this Section, administering drugs, as | ||||||
12 | defined in subdivision (a)(4), or an alcoholic intoxicant to a | ||||||
13 | child under the age of 13 or a person with a severe or profound | ||||||
14 | intellectual disability shall be deemed to be without consent | ||||||
15 | if the administering is done without the consent of the | ||||||
16 | parents or legal guardian or if the administering is performed | ||||||
17 | by the parents or legal guardian for other than medical | ||||||
18 | purposes. | ||||||
19 | (c) If the accused did not have a reasonable opportunity | ||||||
20 | to observe the person engaged in the sex trade prostituted | ||||||
21 | person , it is an affirmative defense to a charge of promoting | ||||||
22 | commercial sexual exploitation of a child juvenile | ||||||
23 | prostitution , except for a charge under subdivision (a)(4), | ||||||
24 | that the accused reasonably believed the person was of the age | ||||||
25 | of 18 years or over or was not a person with a severe or | ||||||
26 | profound intellectual disability at the time of the act giving |
| |||||||
| |||||||
1 | rise to the charge. | ||||||
2 | (d) Sentence. A violation of subdivision (a)(1) is a Class | ||||||
3 | 1 felony, unless committed within 1,000 feet of real property | ||||||
4 | comprising a school, in which case it is a Class X felony. A | ||||||
5 | violation of subdivision (a)(2) is a Class 1 felony. A | ||||||
6 | violation of subdivision (a)(3) is a Class X felony. A | ||||||
7 | violation of subdivision (a)(4) is a Class X felony, for which | ||||||
8 | the person shall be sentenced to a term of imprisonment of not | ||||||
9 | less than 6 years and not more than 60 years. A second or | ||||||
10 | subsequent violation of subdivision (a)(1), (a)(2), or (a)(3), | ||||||
11 | or any combination of convictions under subdivision (a)(1), | ||||||
12 | (a)(2), or (a)(3) and Sections 11-14 (prostitution), 11-14.1 | ||||||
13 | (solicitation of a sexual act), 11-14.3 (promoting | ||||||
14 | prostitution), 11-15 (soliciting for a person engaged in the | ||||||
15 | sex trade prostitute ), 11-15.1 (soliciting for a sexually | ||||||
16 | exploited child juvenile prostitute ), 11-16 (pandering), 11-17 | ||||||
17 | (keeping a place of prostitution), 11-17.1 (keeping a place of | ||||||
18 | commercial sexual exploitation of a child juvenile | ||||||
19 | prostitution ), 11-18 (patronizing a person engaged in the sex | ||||||
20 | trade prostitute ), 11-18.1 (patronizing a sexually exploited | ||||||
21 | child juvenile prostitute ), 11-19 (pimping), 11-19.1 (juvenile | ||||||
22 | pimping or aggravated juvenile pimping), or 11-19.2 | ||||||
23 | (exploitation of a child) of this Code, is a Class X felony. | ||||||
24 | (e) Forfeiture. Any person convicted of a violation of | ||||||
25 | this Section that involves promoting commercial sexual | ||||||
26 | exploitation of a child juvenile prostitution by keeping a |
| |||||||
| |||||||
1 | place of commercial sexual exploitation of a child juvenile | ||||||
2 | prostitution or convicted of a violation of subdivision (a)(4) | ||||||
3 | is subject to the property forfeiture provisions set forth in | ||||||
4 | Article 124B of the Code of Criminal Procedure of 1963. | ||||||
5 | (f) For the purposes of this Section, " person engaged in | ||||||
6 | the sex trade prostituted person " means any person who engages | ||||||
7 | in, or agrees or offers to engage in, any act of sexual | ||||||
8 | penetration as defined in Section 11-0.1 of this Code for any | ||||||
9 | money, property, token, object, or article or anything of | ||||||
10 | value, or any touching or fondling of the sex organs of one | ||||||
11 | person by another person, for any money, property, token, | ||||||
12 | object, or article or anything of value, for the purpose of | ||||||
13 | sexual arousal or gratification. | ||||||
14 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
15 | (720 ILCS 5/11-18) (from Ch. 38, par. 11-18) | ||||||
16 | Sec. 11-18. Patronizing a person engaged in the sex trade | ||||||
17 | prostitute . | ||||||
18 | (a) Any person who knowingly performs any of the following | ||||||
19 | acts with a person not his or her spouse commits patronizing a | ||||||
20 | person engaged in the sex trade prostitute : | ||||||
21 | (1) Engages in an act of sexual penetration as defined | ||||||
22 | in Section 11-0.1 of this Code with a person engaged in the | ||||||
23 | sex trade prostitute ; or | ||||||
24 | (2) Enters or remains in a place of prostitution with | ||||||
25 | intent to engage in an act of sexual penetration as |
| |||||||
| |||||||
1 | defined in Section 11-0.1 of this Code; or | ||||||
2 | (3) Engages in any touching or fondling with a person | ||||||
3 | engaged in the sex trade prostitute of the sex organs of | ||||||
4 | one person by the other person, with the intent to achieve | ||||||
5 | sexual arousal or gratification. | ||||||
6 | (b) Sentence. | ||||||
7 | Patronizing a person engaged in the sex trade prostitute | ||||||
8 | is a Class 4 felony, unless committed within 1,000 feet of real | ||||||
9 | property comprising a school, in which case it is a Class 3 | ||||||
10 | felony. A person convicted of a second or subsequent violation | ||||||
11 | of this Section, or of any combination of such number of | ||||||
12 | convictions under this Section and Sections 11-14 | ||||||
13 | (prostitution), 11-14.1 (solicitation of a sexual act), | ||||||
14 | 11-14.3 (promoting prostitution), 11-14.4 (promoting | ||||||
15 | commercial sexual exploitation of a child juvenile | ||||||
16 | prostitution ), 11-15 (soliciting for a person engaged in the | ||||||
17 | sex trade prostitute ), 11-15.1 (soliciting for a sexually | ||||||
18 | exploited child juvenile prostitute ), 11-16 (pandering), 11-17 | ||||||
19 | (keeping a place of prostitution), 11-17.1 (keeping a place of | ||||||
20 | commercial sexual exploitation of a child juvenile | ||||||
21 | prostitution ), 11-18.1 (patronizing a sexually exploited child | ||||||
22 | juvenile prostitute ), 11-19 (pimping), 11-19.1 (juvenile | ||||||
23 | pimping or aggravated juvenile pimping), or 11-19.2 | ||||||
24 | (exploitation of a child) of this Code, is guilty of a Class 3 | ||||||
25 | felony. If the court imposes a fine under this subsection (b), | ||||||
26 | it shall be collected and distributed to the Specialized |
| |||||||
| |||||||
1 | Services for Survivors of Human Trafficking Fund in accordance | ||||||
2 | with Section 5-9-1.21 of the Unified Code of Corrections. | ||||||
3 | (c) (Blank). | ||||||
4 | (Source: P.A. 98-1013, eff. 1-1-15 .)
| ||||||
5 | (720 ILCS 5/11-18.1) (from Ch. 38, par. 11-18.1) | ||||||
6 | Sec. 11-18.1. Patronizing a sexually exploited child minor | ||||||
7 | engaged in prostitution . | ||||||
8 | (a) Any person who engages in an act of sexual penetration | ||||||
9 | as defined in Section 11-0.1 of this Code with a person who is | ||||||
10 | under 18 years of age engaged in prostitution who is under 18 | ||||||
11 | years of age or is a person with a severe or profound | ||||||
12 | intellectual disability commits patronizing a sexually | ||||||
13 | exploited child minor engaged in prostitution . | ||||||
14 | (a-5) Any person who engages in any touching or fondling, | ||||||
15 | with a person engaged in prostitution who either is a sexually | ||||||
16 | exploited child under 18 years of age or is a person with a | ||||||
17 | severe or profound intellectual disability, of the sex organs | ||||||
18 | of one person by the other person, with the intent to achieve | ||||||
19 | sexual arousal or gratification, commits patronizing a | ||||||
20 | sexually exploited child minor engaged in prostitution . | ||||||
21 | (b) It is an affirmative defense to the charge of | ||||||
22 | patronizing a sexually exploited child minor engaged in | ||||||
23 | prostitution that the accused reasonably believed that the | ||||||
24 | person was of the age of 18 years or over or was not a person | ||||||
25 | with a severe or profound intellectual disability at the time |
| |||||||
| |||||||
1 | of the act giving rise to the charge. | ||||||
2 | (c) Sentence. A person who commits patronizing a sexually | ||||||
3 | exploited child juvenile prostitute is guilty of a Class 3 | ||||||
4 | felony, unless committed within 1,000 feet of real property | ||||||
5 | comprising a school, in which case it is a Class 2 felony. A | ||||||
6 | person convicted of a second or subsequent violation of this | ||||||
7 | Section, or of any combination of such number of convictions | ||||||
8 | under this Section and Sections 11-14 (prostitution), 11-14.1 | ||||||
9 | (solicitation of a sexual act), 11-14.3 (promoting | ||||||
10 | prostitution), 11-14.4 (promoting commercial sexual | ||||||
11 | exploitation of a child juvenile prostitution ), 11-15 | ||||||
12 | (soliciting for a person engaged in the sex trade prostitute ), | ||||||
13 | 11-15.1 (soliciting for a sexually exploited child juvenile | ||||||
14 | prostitute ), 11-16 (pandering), 11-17 (keeping a place of | ||||||
15 | prostitution), 11-17.1 (keeping a place of commercial sexual | ||||||
16 | exploitation of a child juvenile prostitution ), 11-18 | ||||||
17 | (patronizing a person engaged in the sex trade prostitute ), | ||||||
18 | 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated | ||||||
19 | juvenile pimping), or 11-19.2 (exploitation of a child) of | ||||||
20 | this Code, is guilty of a Class 2 felony. The fact of such | ||||||
21 | conviction is not an element of the offense and may not be | ||||||
22 | disclosed to the jury during trial unless otherwise permitted | ||||||
23 | by issues properly raised during such trial. | ||||||
24 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
25 | (720 ILCS 5/33G-3) |
| |||||||
| |||||||
1 | (Section scheduled to be repealed on June 1, 2025) | ||||||
2 | Sec. 33G-3. Definitions. As used in this Article: | ||||||
3 | (a) "Another state" means any State of the United States | ||||||
4 | (other than the State of Illinois), or the District of | ||||||
5 | Columbia, or the Commonwealth of Puerto Rico, or any territory | ||||||
6 | or possession of the United States, or any political | ||||||
7 | subdivision, or any department, agency, or instrumentality | ||||||
8 | thereof. | ||||||
9 | (b) "Enterprise" includes: | ||||||
10 | (1) any partnership, corporation, association, | ||||||
11 | business or charitable trust, or other legal entity; and | ||||||
12 | (2) any group of individuals or other legal entities, | ||||||
13 | or any combination thereof, associated in fact although | ||||||
14 | not itself a legal entity. An association in fact must be | ||||||
15 | held together by a common purpose of engaging in a course | ||||||
16 | of conduct, and it may be associated together for purposes | ||||||
17 | that are both legal and illegal. An association in fact | ||||||
18 | must: | ||||||
19 | (A) have an ongoing organization or structure, | ||||||
20 | either formal or informal; | ||||||
21 | (B) the various members of the group must function | ||||||
22 | as a continuing unit, even if the group changes | ||||||
23 | membership by gaining or losing members over time; and | ||||||
24 | (C) have an ascertainable structure distinct from | ||||||
25 | that inherent in the conduct of a pattern of predicate | ||||||
26 | activity. |
| |||||||
| |||||||
1 | As used in this Article, "enterprise" includes licit and | ||||||
2 | illicit enterprises. | ||||||
3 | (c) "Labor organization" includes any organization, labor | ||||||
4 | union, craft union, or any voluntary unincorporated | ||||||
5 | association designed to further the cause of the rights of | ||||||
6 | union labor that is constituted for the purpose, in whole or in | ||||||
7 | part, of collective bargaining or of dealing with employers | ||||||
8 | concerning grievances, terms or conditions of employment, or | ||||||
9 | apprenticeships or applications for apprenticeships, or of | ||||||
10 | other mutual aid or protection in connection with employment, | ||||||
11 | including apprenticeships or applications for apprenticeships. | ||||||
12 | (d) "Operation or management" means directing or carrying | ||||||
13 | out the enterprise's affairs and is limited to any person who | ||||||
14 | knowingly serves as a leader, organizer, operator, manager, | ||||||
15 | director, supervisor, financier, advisor, recruiter, supplier, | ||||||
16 | or enforcer of an enterprise in violation of this Article. | ||||||
17 | (e) "Predicate activity" means any act that is a Class 2 | ||||||
18 | felony or higher and constitutes a violation or violations of | ||||||
19 | any of the following provisions of the laws of the State of | ||||||
20 | Illinois (as amended or revised as of the date the activity | ||||||
21 | occurred or, in the instance of a continuing offense, the date | ||||||
22 | that charges under this Article are filed in a particular | ||||||
23 | matter in the State of Illinois) or any act under the law of | ||||||
24 | another jurisdiction for an offense that could be charged as a | ||||||
25 | Class 2 felony or higher in this State: | ||||||
26 | (1) under the Criminal Code of 1961 or the Criminal |
| |||||||
| |||||||
1 | Code of 2012: 8-1.2 (solicitation of murder for hire), 9-1 | ||||||
2 | (first degree murder), 9-3.3 (drug-induced homicide), 10-1 | ||||||
3 | (kidnapping), 10-2 (aggravated kidnapping), 10-3.1 | ||||||
4 | (aggravated unlawful restraint), 10-4 (forcible | ||||||
5 | detention), 10-5(b)(10) (child abduction), 10-9 | ||||||
6 | (trafficking in persons, involuntary servitude, and | ||||||
7 | related offenses), 11-1.20 (criminal sexual assault), | ||||||
8 | 11-1.30 (aggravated criminal sexual assault), 11-1.40 | ||||||
9 | (predatory criminal sexual assault of a child), 11-1.60 | ||||||
10 | (aggravated criminal sexual abuse), 11-6 (indecent | ||||||
11 | solicitation of a child), 11-6.5 (indecent solicitation of | ||||||
12 | an adult), 11-14.3(a)(2)(A) and (a)(2)(B) (promoting | ||||||
13 | prostitution), 11-14.4 (promoting commercial sexual | ||||||
14 | exploitation of a child juvenile prostitution ), 11-18.1 | ||||||
15 | (patronizing a sexually exploited child minor engaged in | ||||||
16 | prostitution ; patronizing a sexually exploited child | ||||||
17 | juvenile prostitute ), 12-3.05 (aggravated battery), 12-6.4 | ||||||
18 | (criminal street gang recruitment), 12-6.5 (compelling | ||||||
19 | organization membership of persons), 12-7.3 (stalking), | ||||||
20 | 12-7.4 (aggravated stalking), 12-7.5 (cyberstalking), | ||||||
21 | 12-11 or 19-6 (home invasion), 12-11.1 or 18-6 (vehicular | ||||||
22 | invasion), 18-1 (robbery; aggravated robbery), 18-2 (armed | ||||||
23 | robbery), 18-3 (vehicular hijacking), 18-4 (aggravated | ||||||
24 | vehicular hijacking), 18-5 (aggravated robbery), 19-1 | ||||||
25 | (burglary), 19-3 (residential burglary), 20-1 (arson; | ||||||
26 | residential arson; place of worship arson), 20-1.1 |
| |||||||
| |||||||
1 | (aggravated arson), 20-1.2 (residential arson), 20-1.3 | ||||||
2 | (place of worship arson), 24-1.2 (aggravated discharge of | ||||||
3 | a firearm), 24-1.2-5 (aggravated discharge of a machine | ||||||
4 | gun or silencer equipped firearm), 24-1.8 (unlawful | ||||||
5 | possession of a firearm by a street gang member), 24-3.2 | ||||||
6 | (unlawful discharge of firearm projectiles), 24-3.9 | ||||||
7 | (aggravated possession of a stolen firearm), 24-3A | ||||||
8 | (gunrunning), 26-5 or 48-1 (dog-fighting), 29D-14.9 | ||||||
9 | (terrorism), 29D-15 (soliciting support for terrorism), | ||||||
10 | 29D-15.1 (causing a catastrophe), 29D-15.2 (possession of | ||||||
11 | a deadly substance), 29D-20 (making a terrorist threat), | ||||||
12 | 29D-25 (falsely making a terrorist threat), 29D-29.9 | ||||||
13 | (material support for terrorism), 29D-35 (hindering | ||||||
14 | prosecution of terrorism), 31A-1.2 (unauthorized | ||||||
15 | contraband in a penal institution), or 33A-3 (armed | ||||||
16 | violence); | ||||||
17 | (2) under the Cannabis Control Act: Sections 5 | ||||||
18 | (manufacture or delivery of cannabis), 5.1 (cannabis | ||||||
19 | trafficking), or 8 (production or possession of cannabis | ||||||
20 | plants), provided the offense either involves more than | ||||||
21 | 500 grams of any substance containing cannabis or involves | ||||||
22 | more than 50 cannabis sativa plants; | ||||||
23 | (3) under the Illinois Controlled Substances Act: | ||||||
24 | Sections 401 (manufacture or delivery of a controlled | ||||||
25 | substance), 401.1 (controlled substance trafficking), 405 | ||||||
26 | (calculated criminal drug conspiracy), or 405.2 (street |
| |||||||
| |||||||
1 | gang criminal drug conspiracy); or | ||||||
2 | (4) under the Methamphetamine Control and Community | ||||||
3 | Protection Act: Sections 15 (methamphetamine | ||||||
4 | manufacturing), or 55 (methamphetamine delivery). | ||||||
5 | (f) "Pattern of predicate activity" means: | ||||||
6 | (1) at least 3 occurrences of predicate activity that | ||||||
7 | are in some way related to each other and that have | ||||||
8 | continuity between them, and that are separate acts. Acts | ||||||
9 | are related to each other if they are not isolated events, | ||||||
10 | including if they have similar purposes, or results, or | ||||||
11 | participants, or victims, or are committed a similar way, | ||||||
12 | or have other similar distinguishing characteristics, or | ||||||
13 | are part of the affairs of the same enterprise. There is | ||||||
14 | continuity between acts if they are ongoing over a | ||||||
15 | substantial period, or if they are part of the regular way | ||||||
16 | some entity does business or conducts its affairs; and | ||||||
17 | (2) which occurs after the effective date of this | ||||||
18 | Article, and the last of which falls within 3 years | ||||||
19 | (excluding any period of imprisonment) after the first | ||||||
20 | occurrence of predicate activity. | ||||||
21 | (g) "Unlawful death" includes the following offenses: | ||||||
22 | under the Code of 1961 or the Criminal Code of 2012: Sections | ||||||
23 | 9-1 (first degree murder) or 9-2 (second degree murder). | ||||||
24 | (Source: P.A. 97-686, eff. 6-11-12; 97-1150, eff. 1-25-13 .)
| ||||||
25 | (720 ILCS 5/36-1) (from Ch. 38, par. 36-1) |
| |||||||
| |||||||
1 | Sec. 36-1. Property subject to forfeiture. | ||||||
2 | (a) Any vessel or watercraft, vehicle, or aircraft is | ||||||
3 | subject to forfeiture under this Article if the vessel or | ||||||
4 | watercraft, vehicle, or aircraft is used with the knowledge | ||||||
5 | and consent of the owner in the commission of or in the attempt | ||||||
6 | to commit as defined in Section 8-4 of this Code: | ||||||
7 | (1) an offense prohibited by Section 9-1 (first degree | ||||||
8 | murder), Section 9-3 (involuntary manslaughter and | ||||||
9 | reckless homicide), Section 10-2 (aggravated kidnaping), | ||||||
10 | Section 11-1.20 (criminal sexual assault), Section 11-1.30 | ||||||
11 | (aggravated criminal sexual assault), Section 11-1.40 | ||||||
12 | (predatory criminal sexual assault of a child), subsection | ||||||
13 | (a) of Section 11-1.50 (criminal sexual abuse), subsection | ||||||
14 | (a), (c), or (d) of Section 11-1.60 (aggravated criminal | ||||||
15 | sexual abuse), Section 11-6 (indecent solicitation of a | ||||||
16 | child), Section 11-14.4 (promoting commercial sexual | ||||||
17 | exploitation of a child juvenile prostitution except for | ||||||
18 | keeping a place of commercial sexual exploitation of a | ||||||
19 | child juvenile prostitution ), Section 11-20.1 (child | ||||||
20 | pornography), paragraph (a)(1), (a)(2), (a)(4), (b)(1), | ||||||
21 | (b)(2), (e)(1), (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or | ||||||
22 | (e)(7) of Section 12-3.05 (aggravated battery), Section | ||||||
23 | 12-7.3 (stalking), Section 12-7.4 (aggravated stalking), | ||||||
24 | Section 16-1 (theft if the theft is of precious metal or of | ||||||
25 | scrap metal), subdivision (f)(2) or (f)(3) of Section | ||||||
26 | 16-25 (retail theft), Section 18-2 (armed robbery), |
| |||||||
| |||||||
1 | Section 19-1 (burglary), Section 19-2 (possession of | ||||||
2 | burglary tools), Section 19-3 (residential burglary), | ||||||
3 | Section 20-1 (arson; residential arson; place of worship | ||||||
4 | arson), Section 20-2 (possession of explosives or | ||||||
5 | explosive or incendiary devices), subdivision (a)(6) or | ||||||
6 | (a)(7) of Section 24-1 (unlawful use of weapons), Section | ||||||
7 | 24-1.2 (aggravated discharge of a firearm), Section | ||||||
8 | 24-1.2-5 (aggravated discharge of a machine gun or a | ||||||
9 | firearm equipped with a device designed or used for | ||||||
10 | silencing the report of a firearm), Section 24-1.5 | ||||||
11 | (reckless discharge of a firearm), Section 28-1 | ||||||
12 | (gambling), or Section 29D-15.2 (possession of a deadly | ||||||
13 | substance) of this Code; | ||||||
14 | (2) an offense prohibited by Section 21, 22, 23, 24 or | ||||||
15 | 26 of the Cigarette Tax Act if the vessel or watercraft, | ||||||
16 | vehicle, or aircraft contains more than 10 cartons of such | ||||||
17 | cigarettes; | ||||||
18 | (3) an offense prohibited by Section 28, 29, or 30 of | ||||||
19 | the Cigarette Use Tax Act if the vessel or watercraft, | ||||||
20 | vehicle, or aircraft contains more than 10 cartons of such | ||||||
21 | cigarettes; | ||||||
22 | (4) an offense prohibited by Section 44 of the | ||||||
23 | Environmental Protection Act; | ||||||
24 | (5) an offense prohibited by Section 11-204.1 of the | ||||||
25 | Illinois Vehicle Code (aggravated fleeing or attempting to | ||||||
26 | elude a peace officer); |
| |||||||
| |||||||
1 | (6) an offense prohibited by Section 11-501 of the | ||||||
2 | Illinois Vehicle Code (driving while under the influence | ||||||
3 | of alcohol or other drug or drugs, intoxicating compound | ||||||
4 | or compounds or any combination thereof) or a similar | ||||||
5 | provision of a local ordinance, and: | ||||||
6 | (A) during a period in which his or her driving | ||||||
7 | privileges are revoked or suspended if the revocation | ||||||
8 | or suspension was for: | ||||||
9 | (i) Section 11-501 (driving under the | ||||||
10 | influence of alcohol or other drug or drugs, | ||||||
11 | intoxicating compound or compounds or any | ||||||
12 | combination thereof), | ||||||
13 | (ii) Section 11-501.1 (statutory summary | ||||||
14 | suspension or revocation), | ||||||
15 | (iii) paragraph (b) of Section 11-401 (motor | ||||||
16 | vehicle crashes involving death or personal | ||||||
17 | injuries), or | ||||||
18 | (iv) reckless homicide as defined in Section | ||||||
19 | 9-3 of this Code; | ||||||
20 | (B) has been previously convicted of reckless | ||||||
21 | homicide or a similar provision of a law of another | ||||||
22 | state relating to reckless homicide in which the | ||||||
23 | person was determined to have been under the influence | ||||||
24 | of alcohol, other drug or drugs, or intoxicating | ||||||
25 | compound or compounds as an element of the offense or | ||||||
26 | the person has previously been convicted of committing |
| |||||||
| |||||||
1 | a violation of driving under the influence of alcohol | ||||||
2 | or other drug or drugs, intoxicating compound or | ||||||
3 | compounds or any combination thereof and was involved | ||||||
4 | in a motor vehicle crash that resulted in death, great | ||||||
5 | bodily harm, or permanent disability or disfigurement | ||||||
6 | to another, when the violation was a proximate cause | ||||||
7 | of the death or injuries; | ||||||
8 | (C) the person committed a violation of driving | ||||||
9 | under the influence of alcohol or other drug or drugs, | ||||||
10 | intoxicating compound or compounds or any combination | ||||||
11 | thereof under Section 11-501 of the Illinois Vehicle | ||||||
12 | Code or a similar provision for the third or | ||||||
13 | subsequent time; | ||||||
14 | (D) he or she did not possess a valid driver's | ||||||
15 | license or permit or a valid restricted driving permit | ||||||
16 | or a valid judicial driving permit or a valid | ||||||
17 | monitoring device driving permit; or | ||||||
18 | (E) he or she knew or should have known that the | ||||||
19 | vehicle he or she was driving was not covered by a | ||||||
20 | liability insurance policy; | ||||||
21 | (7) an offense described in subsection (g) of Section | ||||||
22 | 6-303 of the Illinois Vehicle Code; | ||||||
23 | (8) an offense described in subsection (e) of Section | ||||||
24 | 6-101 of the Illinois Vehicle Code; or | ||||||
25 | (9)(A) operating a watercraft under the influence of | ||||||
26 | alcohol, other drug or drugs, intoxicating compound or |
| |||||||
| |||||||
1 | compounds, or combination thereof under Section 5-16 of | ||||||
2 | the Boat Registration and Safety Act during a period in | ||||||
3 | which his or her privileges to operate a watercraft are | ||||||
4 | revoked or suspended and the revocation or suspension was | ||||||
5 | for operating a watercraft under the influence of alcohol, | ||||||
6 | other drug or drugs, intoxicating compound or compounds, | ||||||
7 | or combination thereof; (B) operating a watercraft under | ||||||
8 | the influence of alcohol, other drug or drugs, | ||||||
9 | intoxicating compound or compounds, or combination thereof | ||||||
10 | and has been previously convicted of reckless homicide or | ||||||
11 | a similar provision of a law in another state relating to | ||||||
12 | reckless homicide in which the person was determined to | ||||||
13 | have been under the influence of alcohol, other drug or | ||||||
14 | drugs, intoxicating compound or compounds, or combination | ||||||
15 | thereof as an element of the offense or the person has | ||||||
16 | previously been convicted of committing a violation of | ||||||
17 | operating a watercraft under the influence of alcohol, | ||||||
18 | other drug or drugs, intoxicating compound or compounds, | ||||||
19 | or combination thereof and was involved in an accident | ||||||
20 | that resulted in death, great bodily harm, or permanent | ||||||
21 | disability or disfigurement to another, when the violation | ||||||
22 | was a proximate cause of the death or injuries; or (C) the | ||||||
23 | person committed a violation of operating a watercraft | ||||||
24 | under the influence of alcohol, other drug or drugs, | ||||||
25 | intoxicating compound or compounds, or combination thereof | ||||||
26 | under Section 5-16 of the Boat Registration and Safety Act |
| |||||||
| |||||||
1 | or a similar provision for the third or subsequent time. | ||||||
2 | (b) In addition, any mobile or portable equipment used in | ||||||
3 | the commission of an act which is in violation of Section 7g of | ||||||
4 | the Metropolitan Water Reclamation District Act shall be | ||||||
5 | subject to seizure and forfeiture under the same procedures | ||||||
6 | provided in this Article for the seizure and forfeiture of | ||||||
7 | vessels or watercraft, vehicles, and aircraft, and any such | ||||||
8 | equipment shall be deemed a vessel or watercraft, vehicle, or | ||||||
9 | aircraft for purposes of this Article. | ||||||
10 | (c) In addition, when a person discharges a firearm at | ||||||
11 | another individual from a vehicle with the knowledge and | ||||||
12 | consent of the owner of the vehicle and with the intent to | ||||||
13 | cause death or great bodily harm to that individual and as a | ||||||
14 | result causes death or great bodily harm to that individual, | ||||||
15 | the vehicle shall be subject to seizure and forfeiture under | ||||||
16 | the same procedures provided in this Article for the seizure | ||||||
17 | and forfeiture of vehicles used in violations of clauses (1), | ||||||
18 | (2), (3), or (4) of subsection (a) of this Section. | ||||||
19 | (d) If the spouse of the owner of a vehicle seized for an | ||||||
20 | offense described in subsection (g) of Section 6-303 of the | ||||||
21 | Illinois Vehicle Code, a violation of subdivision (d)(1)(A), | ||||||
22 | (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section | ||||||
23 | 11-501 of the Illinois Vehicle Code, or Section 9-3 of this | ||||||
24 | Code makes a showing that the seized vehicle is the only source | ||||||
25 | of transportation and it is determined that the financial | ||||||
26 | hardship to the family as a result of the seizure outweighs the |
| |||||||
| |||||||
1 | benefit to the State from the seizure, the vehicle may be | ||||||
2 | forfeited to the spouse or family member and the title to the | ||||||
3 | vehicle shall be transferred to the spouse or family member | ||||||
4 | who is properly licensed and who requires the use of the | ||||||
5 | vehicle for employment or family transportation purposes. A | ||||||
6 | written declaration of forfeiture of a vehicle under this | ||||||
7 | Section shall be sufficient cause for the title to be | ||||||
8 | transferred to the spouse or family member. The provisions of | ||||||
9 | this paragraph shall apply only to one forfeiture per vehicle. | ||||||
10 | If the vehicle is the subject of a subsequent forfeiture | ||||||
11 | proceeding by virtue of a subsequent conviction of either | ||||||
12 | spouse or the family member, the spouse or family member to | ||||||
13 | whom the vehicle was forfeited under the first forfeiture | ||||||
14 | proceeding may not utilize the provisions of this paragraph in | ||||||
15 | another forfeiture proceeding. If the owner of the vehicle | ||||||
16 | seized owns more than one vehicle, the procedure set out in | ||||||
17 | this paragraph may be used for only one vehicle. | ||||||
18 | (e) In addition, property subject to forfeiture under | ||||||
19 | Section 40 of the Illinois Streetgang Terrorism Omnibus | ||||||
20 | Prevention Act may be seized and forfeited under this Article. | ||||||
21 | (Source: P.A. 102-982, eff. 7-1-23 .)
| ||||||
22 | Section 140. The Code of Criminal Procedure of 1963 is | ||||||
23 | amended by changing Sections 108B-3, 111-8, 124B-10, 124B-100, | ||||||
24 | and 124B-300 as follows:
|
| |||||||
| |||||||
1 | (725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3) | ||||||
2 | Sec. 108B-3. Authorization for the interception of private | ||||||
3 | communication. | ||||||
4 | (a) The State's Attorney, or a person designated in | ||||||
5 | writing or by law to act for him and to perform his duties | ||||||
6 | during his absence or disability, may authorize, in writing, | ||||||
7 | an ex parte application to the chief judge of a court of | ||||||
8 | competent jurisdiction for an order authorizing the | ||||||
9 | interception of a private communication when no party has | ||||||
10 | consented to the interception and (i) the interception may | ||||||
11 | provide evidence of, or may assist in the apprehension of a | ||||||
12 | person who has committed, is committing or is about to commit, | ||||||
13 | a violation of Section 8-1(b) (solicitation of murder), 8-1.2 | ||||||
14 | (solicitation of murder for hire), 9-1 (first degree murder), | ||||||
15 | 10-9 (involuntary servitude, involuntary sexual servitude of a | ||||||
16 | minor, or trafficking in persons), paragraph (1), (2), or (3) | ||||||
17 | of subsection (a) of Section 11-14.4 (promoting commercial | ||||||
18 | sexual exploitation of a child juvenile prostitution ), | ||||||
19 | subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 | ||||||
20 | (promoting prostitution), 11-15.1 (soliciting for a sexually | ||||||
21 | exploited child minor engaged in prostitution ), 11-16 | ||||||
22 | (pandering), 11-17.1 (keeping a place of commercial sexual | ||||||
23 | exploitation of a child juvenile prostitution ), 11-18.1 | ||||||
24 | (patronizing a sexually exploited child minor engaged in | ||||||
25 | prostitution ), 11-19.1 (juvenile pimping and aggravated | ||||||
26 | juvenile pimping), or 29B-1 (money laundering) of the Criminal |
| |||||||
| |||||||
1 | Code of 1961 or the Criminal Code of 2012, Section 401, 401.1 | ||||||
2 | (controlled substance trafficking), 405, 405.1 (criminal drug | ||||||
3 | conspiracy) or 407 of the Illinois Controlled Substances Act | ||||||
4 | or any Section of the Methamphetamine Control and Community | ||||||
5 | Protection Act, a violation of Section 24-2.1, 24-2.2, 24-3, | ||||||
6 | 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection | ||||||
7 | 24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), | ||||||
8 | or 24-1(c) of the Criminal Code of 1961 or the Criminal Code of | ||||||
9 | 2012 or conspiracy to commit money laundering or conspiracy to | ||||||
10 | commit first degree murder; (ii) in response to a clear and | ||||||
11 | present danger of imminent death or great bodily harm to | ||||||
12 | persons resulting from: (1) a kidnapping or the holding of a | ||||||
13 | hostage by force or the threat of the imminent use of force; or | ||||||
14 | (2) the occupation by force or the threat of the imminent use | ||||||
15 | of force of any premises, place, vehicle, vessel or aircraft; | ||||||
16 | (iii) to aid an investigation or prosecution of a civil action | ||||||
17 | brought under the Illinois Streetgang Terrorism Omnibus | ||||||
18 | Prevention Act when there is probable cause to believe the | ||||||
19 | interception of the private communication will provide | ||||||
20 | evidence that a streetgang is committing, has committed, or | ||||||
21 | will commit a second or subsequent gang-related offense or | ||||||
22 | that the interception of the private communication will aid in | ||||||
23 | the collection of a judgment entered under that Act; or (iv) | ||||||
24 | upon information and belief that a streetgang has committed, | ||||||
25 | is committing, or is about to commit a felony. | ||||||
26 | (b) The State's Attorney or a person designated in writing |
| |||||||
| |||||||
1 | or by law to act for the State's Attorney and to perform his or | ||||||
2 | her duties during his or her absence or disability, may | ||||||
3 | authorize, in writing, an ex parte application to the chief | ||||||
4 | judge of a circuit court for an order authorizing the | ||||||
5 | interception of a private communication when no party has | ||||||
6 | consented to the interception and the interception may provide | ||||||
7 | evidence of, or may assist in the apprehension of a person who | ||||||
8 | has committed, is committing or is about to commit, a | ||||||
9 | violation of an offense under Article 29D of the Criminal Code | ||||||
10 | of 1961 or the Criminal Code of 2012. | ||||||
11 | (b-1) Subsection (b) is inoperative on and after January | ||||||
12 | 1, 2005. | ||||||
13 | (b-2) No conversations recorded or monitored pursuant to | ||||||
14 | subsection (b) shall be made inadmissible in a court of law by | ||||||
15 | virtue of subsection (b-1). | ||||||
16 | (c) As used in this Section, "streetgang" and | ||||||
17 | "gang-related" have the meanings ascribed to them in Section | ||||||
18 | 10 of the Illinois Streetgang Terrorism Omnibus Prevention | ||||||
19 | Act. | ||||||
20 | (Source: P.A. 96-710, eff. 1-1-10; 96-1464, eff. 8-20-10; | ||||||
21 | 97-897, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| ||||||
22 | (725 ILCS 5/111-8) (from Ch. 38, par. 111-8) | ||||||
23 | Sec. 111-8. Orders of protection to prohibit domestic | ||||||
24 | violence. | ||||||
25 | (a) Whenever a violation of Section 9-1, 9-2, 9-3, 10-3, |
| |||||||
| |||||||
1 | 10-3.1, 10-4, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
2 | 11-1.60, 11-14.3 that involves soliciting for a person engaged | ||||||
3 | in the sex trade prostitute , 11-14.4 that involves soliciting | ||||||
4 | for a sexually exploited child juvenile prostitute , 11-15, | ||||||
5 | 11-15.1, 11-20.1, 11-20.1B, 11-20.3, 11-20a, 12-1, 12-2, 12-3, | ||||||
6 | 12-3.05, 12-3.2, 12-3.3, 12-3.5, 12-4, 12-4.1, 12-4.3, 12-4.6, | ||||||
7 | 12-5, 12-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, | ||||||
8 | 12-14, 12-14.1, 12-15, 12-16, 19-4, 19-6, 21-1, 21-2, 21-3, or | ||||||
9 | 26.5-2 of the Criminal Code of 1961 or the Criminal Code of | ||||||
10 | 2012 or Section 1-1 of the Harassing and Obscene | ||||||
11 | Communications Act is alleged in an information, complaint or | ||||||
12 | indictment on file, and the alleged offender and victim are | ||||||
13 | family or household members, as defined in the Illinois | ||||||
14 | Domestic Violence Act of 1986, as now or hereafter amended, | ||||||
15 | the People through the respective State's Attorneys may by | ||||||
16 | separate petition and upon notice to the defendant, except as | ||||||
17 | provided in subsection (c) herein, request the court to issue | ||||||
18 | an order of protection. | ||||||
19 | (b) In addition to any other remedies specified in Section | ||||||
20 | 208 of the Illinois Domestic Violence Act of 1986, as now or | ||||||
21 | hereafter amended, the order may direct the defendant to | ||||||
22 | initiate no contact with the alleged victim or victims who are | ||||||
23 | family or household members and to refrain from entering the | ||||||
24 | residence, school or place of business of the alleged victim | ||||||
25 | or victims. | ||||||
26 | (c) The court may grant emergency relief without notice |
| |||||||
| |||||||
1 | upon a showing of immediate and present danger of abuse to the | ||||||
2 | victim or minor children of the victim and may enter a | ||||||
3 | temporary order pending notice and full hearing on the matter. | ||||||
4 | (Source: P.A. 99-642, eff. 7-28-16.)
| ||||||
5 | (725 ILCS 5/124B-10) | ||||||
6 | Sec. 124B-10. Applicability; offenses. This Article | ||||||
7 | applies to forfeiture of property in connection with the | ||||||
8 | following: | ||||||
9 | (1) A violation of Section 10-9 or 10A-10 of the | ||||||
10 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
11 | (involuntary servitude; involuntary servitude of a minor; | ||||||
12 | or trafficking in persons). | ||||||
13 | (2) A violation of subdivision (a)(1) of Section | ||||||
14 | 11-14.4 of the Criminal Code of 1961 or the Criminal Code | ||||||
15 | of 2012 (promoting commercial sexual exploitation of a | ||||||
16 | child juvenile prostitution ) or a violation of Section | ||||||
17 | 11-17.1 of the Criminal Code of 1961 (keeping a place of | ||||||
18 | commercial sexual exploitation of a child juvenile | ||||||
19 | prostitution ). | ||||||
20 | (3) A violation of subdivision (a)(4) of Section | ||||||
21 | 11-14.4 of the Criminal Code of 1961 or the Criminal Code | ||||||
22 | of 2012 (promoting commercial sexual exploitation of a | ||||||
23 | child juvenile prostitution ) or a violation of Section | ||||||
24 | 11-19.2 of the Criminal Code of 1961 (exploitation of a | ||||||
25 | child). |
| |||||||
| |||||||
1 | (4) A second or subsequent violation of Section 11-20 | ||||||
2 | of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
3 | (obscenity). | ||||||
4 | (5) A violation of Section 11-20.1 of the Criminal | ||||||
5 | Code of 1961 or the Criminal Code of 2012 (child | ||||||
6 | pornography). | ||||||
7 | (6) A violation of Section 11-20.1B or 11-20.3 of the | ||||||
8 | Criminal Code of 1961 (aggravated child pornography). | ||||||
9 | (6.5) A violation of Section 11-23.5 of the Criminal | ||||||
10 | Code of 2012. | ||||||
11 | (7) A violation of Section 12C-65 of the Criminal Code | ||||||
12 | of 2012 or Article 44 of the Criminal Code of 1961 | ||||||
13 | (unlawful transfer of a telecommunications device to a | ||||||
14 | minor). | ||||||
15 | (8) A violation of Section 17-50 or Section 16D-5 of | ||||||
16 | the Criminal Code of 2012 or the Criminal Code of 1961 | ||||||
17 | (computer fraud). | ||||||
18 | (9) A felony violation of Section 17-6.3 or Article | ||||||
19 | 17B of the Criminal Code of 2012 or the Criminal Code of | ||||||
20 | 1961 (WIC fraud). | ||||||
21 | (10) A felony violation of Section 48-1 of the | ||||||
22 | Criminal Code of 2012 or Section 26-5 of the Criminal Code | ||||||
23 | of 1961 (dog fighting). | ||||||
24 | (11) A violation of Article 29D of the Criminal Code | ||||||
25 | of 1961 or the Criminal Code of 2012 (terrorism). | ||||||
26 | (12) A felony violation of Section 4.01 of the Humane |
| |||||||
| |||||||
1 | Care for Animals Act (animals in entertainment). | ||||||
2 | (Source: P.A. 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; | ||||||
3 | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-1138, eff. | ||||||
4 | 6-1-15 .)
| ||||||
5 | (725 ILCS 5/124B-100) | ||||||
6 | Sec. 124B-100. Definition; "offense". For purposes of this | ||||||
7 | Article, "offense" is defined as follows: | ||||||
8 | (1) In the case of forfeiture authorized under Section | ||||||
9 | 10A-15 of the Criminal Code of 1961 or Section 10-9 of the | ||||||
10 | Criminal Code of 2012, "offense" means the offense of | ||||||
11 | involuntary servitude, involuntary servitude of a minor, | ||||||
12 | or trafficking in persons in violation of Section 10-9 or | ||||||
13 | 10A-10 of those Codes. | ||||||
14 | (2) In the case of forfeiture authorized under | ||||||
15 | subdivision (a)(1) of Section 11-14.4, or Section 11-17.1, | ||||||
16 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
17 | "offense" means the offense of promoting commercial sexual | ||||||
18 | exploitation of a child juvenile prostitution or keeping a | ||||||
19 | place of commercial sexual exploitation of a child | ||||||
20 | juvenile prostitution in violation of subdivision (a)(1) | ||||||
21 | of Section 11-14.4, or Section 11-17.1, of those Codes. | ||||||
22 | (3) In the case of forfeiture authorized under | ||||||
23 | subdivision (a)(4) of Section 11-14.4, or Section 11-19.2, | ||||||
24 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
25 | "offense" means the offense of promoting commercial sexual |
| |||||||
| |||||||
1 | exploitation of a child juvenile prostitution or | ||||||
2 | exploitation of a child in violation of subdivision (a)(4) | ||||||
3 | of Section 11-14.4, or Section 11-19.2, of those Codes. | ||||||
4 | (4) In the case of forfeiture authorized under Section | ||||||
5 | 11-20 of the Criminal Code of 1961 or the Criminal Code of | ||||||
6 | 2012, "offense" means the offense of obscenity in | ||||||
7 | violation of that Section. | ||||||
8 | (5) In the case of forfeiture authorized under Section | ||||||
9 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
10 | of 2012, "offense" means the offense of child pornography | ||||||
11 | in violation of Section 11-20.1 of that Code. | ||||||
12 | (6) In the case of forfeiture authorized under Section | ||||||
13 | 11-20.1B or 11-20.3 of the Criminal Code of 1961, | ||||||
14 | "offense" means the offense of aggravated child | ||||||
15 | pornography in violation of Section 11-20.1B or 11-20.3 of | ||||||
16 | that Code. | ||||||
17 | (7) In the case of forfeiture authorized under Section | ||||||
18 | 12C-65 of the Criminal Code of 2012 or Article 44 of the | ||||||
19 | Criminal Code of 1961, "offense" means the offense of | ||||||
20 | unlawful transfer of a telecommunications device to a | ||||||
21 | minor in violation of Section 12C-65 or Article 44 of | ||||||
22 | those Codes. | ||||||
23 | (8) In the case of forfeiture authorized under Section | ||||||
24 | 17-50 or 16D-5 of the Criminal Code of 1961 or the Criminal | ||||||
25 | Code of 2012, "offense" means the offense of computer | ||||||
26 | fraud in violation of Section 17-50 or 16D-5 of those |
| |||||||
| |||||||
1 | Codes. | ||||||
2 | (9) In the case of forfeiture authorized under Section | ||||||
3 | 17-6.3 or Article 17B of the Criminal Code of 1961 or the | ||||||
4 | Criminal Code of 2012, "offense" means any felony | ||||||
5 | violation of Section 17-6.3 or Article 17B of those Codes. | ||||||
6 | (10) In the case of forfeiture authorized under | ||||||
7 | Section 29D-65 of the Criminal Code of 1961 or the | ||||||
8 | Criminal Code of 2012, "offense" means any offense under | ||||||
9 | Article 29D of that Code. | ||||||
10 | (11) In the case of forfeiture authorized under | ||||||
11 | Section 4.01 of the Humane Care for Animals Act, Section | ||||||
12 | 26-5 of the Criminal Code of 1961, or Section 48-1 of the | ||||||
13 | Criminal Code of 2012, "offense" means any felony offense | ||||||
14 | under either of those Sections. | ||||||
15 | (12) In the case of forfeiture authorized under | ||||||
16 | Section 124B-1000(b) of the Code of Criminal Procedure of | ||||||
17 | 1963, "offense" means an offense in violation of the | ||||||
18 | Criminal Code of 1961, the Criminal Code of 2012, the | ||||||
19 | Illinois Controlled Substances Act, the Cannabis Control | ||||||
20 | Act, or the Methamphetamine Control and Community | ||||||
21 | Protection Act, or an offense involving a | ||||||
22 | telecommunications device possessed by a person on the | ||||||
23 | real property of any elementary or secondary school | ||||||
24 | without authority of the school principal. | ||||||
25 | (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11; | ||||||
26 | 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. |
| |||||||
| |||||||
1 | 1-1-13; 97-1150, eff. 1-25-13.)
| ||||||
2 | (725 ILCS 5/124B-300) | ||||||
3 | Sec. 124B-300. Persons and property subject to forfeiture. | ||||||
4 | A person who commits the offense of involuntary servitude, | ||||||
5 | involuntary servitude of a minor, or trafficking of persons | ||||||
6 | under Section 10A-10 or Section 10-9 of the Criminal Code of | ||||||
7 | 1961 or the Criminal Code of 2012, promoting commercial sexual | ||||||
8 | exploitation of a child juvenile prostitution , keeping a place | ||||||
9 | of commercial sexual exploitation of a child juvenile | ||||||
10 | prostitution , or promoting prostitution that involves keeping | ||||||
11 | a place of prostitution under subsection (a)(1) or (a)(4) of | ||||||
12 | Section 11-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2 | ||||||
13 | of the Criminal Code of 1961 or of the Criminal Code of 2012 | ||||||
14 | shall forfeit to the State of Illinois any profits or proceeds | ||||||
15 | and any property he or she has acquired or maintained in | ||||||
16 | violation of Section 10A-10 or Section 10-9 of the Criminal | ||||||
17 | Code of 1961 or the Criminal Code of 2012, promoting | ||||||
18 | commercial sexual exploitation of a child juvenile | ||||||
19 | prostitution , keeping a place of commercial sexual | ||||||
20 | exploitation of a child juvenile prostitution , or promoting | ||||||
21 | prostitution that involves keeping a place of prostitution | ||||||
22 | under subsection (a)(1) or (a)(4) of Section 11-14.4 or under | ||||||
23 | Section 11-14.3, 11-17.1, or 11-19.2 of the Criminal Code of | ||||||
24 | 1961 or of the Criminal Code of 2012 that the sentencing court | ||||||
25 | determines, after a forfeiture hearing under this Article, to |
| |||||||
| |||||||
1 | have been acquired or maintained as a result of maintaining a | ||||||
2 | person in involuntary servitude or participating in | ||||||
3 | trafficking of persons. | ||||||
4 | (Source: P.A. 97-1150, eff. 1-25-13; 98-1013, eff. 1-1-15 .)
| ||||||
5 | Section 145. The Sexually Violent Persons Commitment Act | ||||||
6 | is amended by changing Section 40 as follows:
| ||||||
7 | (725 ILCS 207/40) | ||||||
8 | Sec. 40. Commitment. | ||||||
9 | (a) If a court or jury determines that the person who is | ||||||
10 | the subject of a petition under Section 15 of this Act is a | ||||||
11 | sexually violent person, the court shall order the person to | ||||||
12 | be committed to the custody of the Department for control, | ||||||
13 | care and treatment until such time as the person is no longer a | ||||||
14 | sexually violent person. | ||||||
15 | (b)(1) The court shall enter an initial commitment order | ||||||
16 | under this Section pursuant to a hearing held as soon as | ||||||
17 | practicable after the judgment is entered that the person who | ||||||
18 | is the subject of a petition under Section 15 is a sexually | ||||||
19 | violent person. If the court lacks sufficient information to | ||||||
20 | make the determination required by paragraph (b)(2) of this | ||||||
21 | Section immediately after trial, it may adjourn the hearing | ||||||
22 | and order the Department to conduct a predisposition | ||||||
23 | investigation or a supplementary mental examination, or both, | ||||||
24 | to assist the court in framing the commitment order. If the |
| |||||||
| |||||||
1 | Department's examining evaluator previously rendered an | ||||||
2 | opinion that the person who is the subject of a petition under | ||||||
3 | Section 15 does not meet the criteria to be found a sexually | ||||||
4 | violent person, then another evaluator shall conduct the | ||||||
5 | predisposition investigation and/or supplementary mental | ||||||
6 | examination. A supplementary mental examination under this | ||||||
7 | Section shall be conducted in accordance with Section 3-804 of | ||||||
8 | the Mental Health and Developmental Disabilities Code. The | ||||||
9 | State has the right to have the person evaluated by experts | ||||||
10 | chosen by the State. | ||||||
11 | (2) An order for commitment under this Section shall | ||||||
12 | specify either institutional care in a secure facility, as | ||||||
13 | provided under Section 50 of this Act, or conditional release. | ||||||
14 | In determining whether commitment shall be for institutional | ||||||
15 | care in a secure facility or for conditional release, the | ||||||
16 | court shall consider the nature and circumstances of the | ||||||
17 | behavior that was the basis of the allegation in the petition | ||||||
18 | under paragraph (b)(1) of Section 15, the person's mental | ||||||
19 | history and present mental condition, and what arrangements | ||||||
20 | are available to ensure that the person has access to and will | ||||||
21 | participate in necessary treatment. All treatment, whether in | ||||||
22 | institutional care, in a secure facility, or while on | ||||||
23 | conditional release, shall be conducted in conformance with | ||||||
24 | the standards developed under the Sex Offender Management | ||||||
25 | Board Act and conducted by a treatment provider licensed under | ||||||
26 | the Sex Offender Evaluation and Treatment Provider Act. The |
| |||||||
| |||||||
1 | Department shall arrange for control, care and treatment of | ||||||
2 | the person in the least restrictive manner consistent with the | ||||||
3 | requirements of the person and in accordance with the court's | ||||||
4 | commitment order. | ||||||
5 | (3) If the court finds that the person is appropriate for | ||||||
6 | conditional release, the court shall notify the Department. | ||||||
7 | The Department shall prepare a plan that identifies the | ||||||
8 | treatment and services, if any, that the person will receive | ||||||
9 | in the community. The plan shall address the person's need, if | ||||||
10 | any, for supervision, counseling, medication, community | ||||||
11 | support services, residential services, vocational services, | ||||||
12 | and alcohol or other drug abuse treatment. The Department may | ||||||
13 | contract with a county health department, with another public | ||||||
14 | agency or with a private agency to provide the treatment and | ||||||
15 | services identified in the plan. The plan shall specify who | ||||||
16 | will be responsible for providing the treatment and services | ||||||
17 | identified in the plan. The plan shall be presented to the | ||||||
18 | court for its approval within 60 days after the court finding | ||||||
19 | that the person is appropriate for conditional release, unless | ||||||
20 | the Department and the person to be released request | ||||||
21 | additional time to develop the plan. The conditional release | ||||||
22 | program operated under this Section is not subject to the | ||||||
23 | provisions of the Mental Health and Developmental Disabilities | ||||||
24 | Confidentiality Act. | ||||||
25 | (4) An order for conditional release places the person in | ||||||
26 | the custody and control of the Department. A person on |
| |||||||
| |||||||
1 | conditional release is subject to the conditions set by the | ||||||
2 | court and to the rules of the Department. Before a person is | ||||||
3 | placed on conditional release by the court under this Section, | ||||||
4 | the court shall so notify the municipal police department and | ||||||
5 | county sheriff for the municipality and county in which the | ||||||
6 | person will be residing. The notification requirement under | ||||||
7 | this Section does not apply if a municipal police department | ||||||
8 | or county sheriff submits to the court a written statement | ||||||
9 | waiving the right to be notified. Notwithstanding any other | ||||||
10 | provision in the Act, the person being supervised on | ||||||
11 | conditional release shall not reside at the same street | ||||||
12 | address as another sex offender being supervised on | ||||||
13 | conditional release under this Act, mandatory supervised | ||||||
14 | release, parole, aftercare release, probation, or any other | ||||||
15 | manner of supervision. If the Department alleges that a | ||||||
16 | released person has violated any condition or rule, or that | ||||||
17 | the safety of others requires that conditional release be | ||||||
18 | revoked, he or she may be taken into custody under the rules of | ||||||
19 | the Department. | ||||||
20 | At any time during which the person is on conditional | ||||||
21 | release, if the Department determines that the person has | ||||||
22 | violated any condition or rule, or that the safety of others | ||||||
23 | requires that conditional release be revoked, the Department | ||||||
24 | may request the Attorney General or State's Attorney to | ||||||
25 | request the court to issue an emergency ex parte order | ||||||
26 | directing any law enforcement officer to take the person into |
| |||||||
| |||||||
1 | custody and transport the person to the county jail. The | ||||||
2 | Department may request, or the Attorney General or State's | ||||||
3 | Attorney may request independently of the Department, that a | ||||||
4 | petition to revoke conditional release be filed. When a | ||||||
5 | petition is filed, the court may order the Department to issue | ||||||
6 | a notice to the person to be present at the Department or other | ||||||
7 | agency designated by the court, order a summons to the person | ||||||
8 | to be present, or order a body attachment for all law | ||||||
9 | enforcement officers to take the person into custody and | ||||||
10 | transport him or her to the county jail, hospital, or | ||||||
11 | treatment facility. The Department shall submit a statement | ||||||
12 | showing probable cause of the detention and a petition to | ||||||
13 | revoke the order for conditional release to the committing | ||||||
14 | court within 48 hours after the detention. The court shall | ||||||
15 | hear the petition within 30 days, unless the hearing or time | ||||||
16 | deadline is waived by the detained person. Pending the | ||||||
17 | revocation hearing, the Department may detain the person in a | ||||||
18 | jail, in a hospital or treatment facility. The State has the | ||||||
19 | burden of proving by clear and convincing evidence that any | ||||||
20 | rule or condition of release has been violated, or that the | ||||||
21 | safety of others requires that the conditional release be | ||||||
22 | revoked. If the court determines after hearing that any rule | ||||||
23 | or condition of release has been violated, or that the safety | ||||||
24 | of others requires that conditional release be revoked, it may | ||||||
25 | revoke the order for conditional release and order that the | ||||||
26 | released person be placed in an appropriate institution until |
| |||||||
| |||||||
1 | the person is discharged from the commitment under Section 65 | ||||||
2 | of this Act or until again placed on conditional release under | ||||||
3 | Section 60 of this Act. | ||||||
4 | (5) An order for conditional release places the person in | ||||||
5 | the custody, care, and control of the Department. The court | ||||||
6 | shall order the person be subject to the following rules of | ||||||
7 | conditional release, in addition to any other conditions | ||||||
8 | ordered, and the person shall be given a certificate setting | ||||||
9 | forth the conditions of conditional release. These conditions | ||||||
10 | shall be that the person: | ||||||
11 | (A) not violate any criminal statute of any | ||||||
12 | jurisdiction; | ||||||
13 | (B) report to or appear in person before such person | ||||||
14 | or agency as directed by the court and the Department; | ||||||
15 | (C) refrain from possession of a firearm or other | ||||||
16 | dangerous weapon; | ||||||
17 | (D) not leave the State without the consent of the | ||||||
18 | court or, in circumstances in which the reason for the | ||||||
19 | absence is of such an emergency nature, that prior consent | ||||||
20 | by the court is not possible without the prior | ||||||
21 | notification and approval of the Department; | ||||||
22 | (E) at the direction of the Department, notify third | ||||||
23 | parties of the risks that may be occasioned by his or her | ||||||
24 | criminal record or sexual offending history or | ||||||
25 | characteristics, and permit the supervising officer or | ||||||
26 | agent to make the notification requirement; |
| |||||||
| |||||||
1 | (F) attend and fully participate in assessment, | ||||||
2 | treatment, and behavior monitoring including, but not | ||||||
3 | limited to, medical, psychological or psychiatric | ||||||
4 | treatment specific to sexual offending, drug addiction, or | ||||||
5 | alcoholism, to the extent appropriate to the person based | ||||||
6 | upon the recommendation and findings made in the | ||||||
7 | Department evaluation or based upon any subsequent | ||||||
8 | recommendations by the Department; | ||||||
9 | (G) waive confidentiality allowing the court and | ||||||
10 | Department access to assessment or treatment results or | ||||||
11 | both; | ||||||
12 | (H) work regularly at a Department approved occupation | ||||||
13 | or pursue a course of study or vocational training and | ||||||
14 | notify the Department within 72 hours of any change in | ||||||
15 | employment, study, or training; | ||||||
16 | (I) not be employed or participate in any volunteer | ||||||
17 | activity that involves contact with children, except under | ||||||
18 | circumstances approved in advance and in writing by the | ||||||
19 | Department officer; | ||||||
20 | (J) submit to the search of his or her person, | ||||||
21 | residence, vehicle, or any personal or real property under | ||||||
22 | his or her control at any time by the Department; | ||||||
23 | (K) financially support his or her dependents and | ||||||
24 | provide the Department access to any requested financial | ||||||
25 | information; | ||||||
26 | (L) serve a term of home confinement, the conditions |
| |||||||
| |||||||
1 | of which shall be that the person: | ||||||
2 | (i) remain within the interior premises of the | ||||||
3 | place designated for his or her confinement during the | ||||||
4 | hours designated by the Department; | ||||||
5 | (ii) admit any person or agent designated by the | ||||||
6 | Department into the offender's place of confinement at | ||||||
7 | any time for purposes of verifying the person's | ||||||
8 | compliance with the condition of his or her | ||||||
9 | confinement; | ||||||
10 | (iii) if deemed necessary by the Department, be | ||||||
11 | placed on an electronic monitoring device; | ||||||
12 | (M) comply with the terms and conditions of an order | ||||||
13 | of protection issued by the court pursuant to the Illinois | ||||||
14 | Domestic Violence Act of 1986. A copy of the order of | ||||||
15 | protection shall be transmitted to the Department by the | ||||||
16 | clerk of the court; | ||||||
17 | (N) refrain from entering into a designated geographic | ||||||
18 | area except upon terms the Department finds appropriate. | ||||||
19 | The terms may include consideration of the purpose of the | ||||||
20 | entry, the time of day, others accompanying the person, | ||||||
21 | and advance approval by the Department; | ||||||
22 | (O) refrain from having any contact, including written | ||||||
23 | or oral communications, directly or indirectly, with | ||||||
24 | certain specified persons including, but not limited to, | ||||||
25 | the victim or the victim's family, and report any | ||||||
26 | incidental contact with the victim or the victim's family |
| |||||||
| |||||||
1 | to the Department within 72 hours; refrain from entering | ||||||
2 | onto the premises of, traveling past, or loitering near | ||||||
3 | the victim's residence, place of employment, or other | ||||||
4 | places frequented by the victim; | ||||||
5 | (P) refrain from having any contact, including written | ||||||
6 | or oral communications, directly or indirectly, with | ||||||
7 | particular types of persons, including but not limited to | ||||||
8 | members of street gangs, drug users, drug dealers, or | ||||||
9 | persons engaged in the sex trade prostitutes ; | ||||||
10 | (Q) refrain from all contact, direct or indirect, | ||||||
11 | personally, by telephone, letter, or through another | ||||||
12 | person, with minor children without prior identification | ||||||
13 | and approval of the Department; | ||||||
14 | (R) refrain from having in his or her body the | ||||||
15 | presence of alcohol or any illicit drug prohibited by the | ||||||
16 | Cannabis Control Act, the Illinois Controlled Substances | ||||||
17 | Act, or the Methamphetamine Control and Community | ||||||
18 | Protection Act, unless prescribed by a physician, and | ||||||
19 | submit samples of his or her breath, saliva, blood, or | ||||||
20 | urine for tests to determine the presence of alcohol or | ||||||
21 | any illicit drug; | ||||||
22 | (S) not establish a dating, intimate, or sexual | ||||||
23 | relationship with a person without prior written | ||||||
24 | notification to the Department; | ||||||
25 | (T) neither possess or have under his or her control | ||||||
26 | any material that is pornographic, sexually oriented, or |
| |||||||
| |||||||
1 | sexually stimulating, or that depicts or alludes to sexual | ||||||
2 | activity or depicts minors under the age of 18, including | ||||||
3 | but not limited to visual, auditory, telephonic, | ||||||
4 | electronic media, or any matter obtained through access to | ||||||
5 | any computer or material linked to computer access use; | ||||||
6 | (U) not patronize any business providing sexually | ||||||
7 | stimulating or sexually oriented entertainment nor utilize | ||||||
8 | "900" or adult telephone numbers or any other sex-related | ||||||
9 | telephone numbers; | ||||||
10 | (V) not reside near, visit, or be in or about parks, | ||||||
11 | schools, day care centers, swimming pools, beaches, | ||||||
12 | theaters, or any other places where minor children | ||||||
13 | congregate without advance approval of the Department and | ||||||
14 | report any incidental contact with minor children to the | ||||||
15 | Department within 72 hours; | ||||||
16 | (W) not establish any living arrangement or residence | ||||||
17 | without prior approval of the Department; | ||||||
18 | (X) not publish any materials or print any | ||||||
19 | advertisements without providing a copy of the proposed | ||||||
20 | publications to the Department officer and obtaining | ||||||
21 | permission prior to publication; | ||||||
22 | (Y) not leave the county except with prior permission | ||||||
23 | of the Department and provide the Department officer or | ||||||
24 | agent with written travel routes to and from work and any | ||||||
25 | other designated destinations; | ||||||
26 | (Z) not possess or have under his or her control |
| |||||||
| |||||||
1 | certain specified items of contraband related to the | ||||||
2 | incidence of sexually offending items including video or | ||||||
3 | still camera items or children's toys; | ||||||
4 | (AA) provide a written daily log of activities as | ||||||
5 | directed by the Department; | ||||||
6 | (BB) comply with all other special conditions that the | ||||||
7 | Department may impose that restrict the person from | ||||||
8 | high-risk situations and limit access or potential | ||||||
9 | victims. | ||||||
10 | (6) A person placed on conditional release and who during | ||||||
11 | the term undergoes mandatory drug or alcohol testing or is | ||||||
12 | assigned to be placed on an approved electronic monitoring | ||||||
13 | device may be ordered to pay all costs incidental to the | ||||||
14 | mandatory drug or alcohol testing and all costs incidental to | ||||||
15 | the approved electronic monitoring in accordance with the | ||||||
16 | person's ability to pay those costs. The Department may | ||||||
17 | establish reasonable fees for the cost of maintenance, | ||||||
18 | testing, and incidental expenses related to the mandatory drug | ||||||
19 | or alcohol testing and all costs incidental to approved | ||||||
20 | electronic monitoring. | ||||||
21 | (Source: P.A. 97-1098, eff. 7-1-14 (see Section 5 of P.A. | ||||||
22 | 98-612 for the effective date of P.A. 97-1098); 98-558, eff. | ||||||
23 | 1-1-14 .)
| ||||||
24 | Section 150. The Statewide Grand Jury Act is amended by | ||||||
25 | changing Sections 2 and 3 as follows:
|
| |||||||
| |||||||
1 | (725 ILCS 215/2) (from Ch. 38, par. 1702) | ||||||
2 | Sec. 2. (a) County grand juries and State's Attorneys have | ||||||
3 | always had and shall continue to have primary responsibility | ||||||
4 | for investigating, indicting, and prosecuting persons who | ||||||
5 | violate the criminal laws of the State of Illinois. However, | ||||||
6 | in recent years organized terrorist activity directed against | ||||||
7 | innocent civilians and certain criminal enterprises have | ||||||
8 | developed that require investigation, indictment, and | ||||||
9 | prosecution on a statewide or multicounty level. The criminal | ||||||
10 | enterprises exist as a result of the allure of profitability | ||||||
11 | present in narcotic activity, the unlawful sale and transfer | ||||||
12 | of firearms, and streetgang related felonies and organized | ||||||
13 | terrorist activity is supported by the contribution of money | ||||||
14 | and expert assistance from geographically diverse sources. In | ||||||
15 | order to shut off the life blood of terrorism and weaken or | ||||||
16 | eliminate the criminal enterprises, assets, and property used | ||||||
17 | to further these offenses must be frozen, and any profit must | ||||||
18 | be removed. State statutes exist that can accomplish that | ||||||
19 | goal. Among them are the offense of money laundering, | ||||||
20 | violations of Article 29D of the Criminal Code of 1961 or the | ||||||
21 | Criminal Code of 2012, the Narcotics Profit Forfeiture Act, | ||||||
22 | and gunrunning. Local prosecutors need investigative personnel | ||||||
23 | and specialized training to attack and eliminate these | ||||||
24 | profits. In light of the transitory and complex nature of | ||||||
25 | conduct that constitutes these criminal activities, the many |
| |||||||
| |||||||
1 | diverse property interests that may be used, acquired directly | ||||||
2 | or indirectly as a result of these criminal activities, and | ||||||
3 | the many places that illegally obtained property may be | ||||||
4 | located, it is the purpose of this Act to create a limited, | ||||||
5 | multicounty Statewide Grand Jury with authority to | ||||||
6 | investigate, indict, and prosecute: narcotic activity, | ||||||
7 | including cannabis and controlled substance trafficking, | ||||||
8 | narcotics racketeering, money laundering, violations of the | ||||||
9 | Cannabis and Controlled Substances Tax Act, and violations of | ||||||
10 | Article 29D of the Criminal Code of 1961 or the Criminal Code | ||||||
11 | of 2012; the unlawful sale and transfer of firearms; | ||||||
12 | gunrunning; and streetgang related felonies. | ||||||
13 | (b) A Statewide Grand Jury may also investigate, indict, | ||||||
14 | and prosecute violations facilitated by the use of a computer | ||||||
15 | of any of the following offenses: indecent solicitation of a | ||||||
16 | child, sexual exploitation of a child, soliciting for a | ||||||
17 | sexually exploited child juvenile prostitute , keeping a place | ||||||
18 | of commercial sexual exploitation of a child juvenile | ||||||
19 | prostitution , juvenile pimping, child pornography, aggravated | ||||||
20 | child pornography, or promoting commercial sexual exploitation | ||||||
21 | of a child juvenile prostitution except as described in | ||||||
22 | subdivision (a)(4) of Section 11-14.4 of the Criminal Code of | ||||||
23 | 1961 or the Criminal Code of 2012. | ||||||
24 | (c) A Statewide Grand Jury may also investigate, indict, | ||||||
25 | and prosecute violations of organized retail crime. | ||||||
26 | (Source: P.A. 101-593, eff. 12-4-19; 102-757, eff. 5-13-22.)
|
| |||||||
| |||||||
1 | (725 ILCS 215/3) (from Ch. 38, par. 1703) | ||||||
2 | Sec. 3. Written application for the appointment of a | ||||||
3 | Circuit Judge to convene and preside over a Statewide Grand | ||||||
4 | Jury, with jurisdiction extending throughout the State, shall | ||||||
5 | be made to the Chief Justice of the Supreme Court. Upon such | ||||||
6 | written application, the Chief Justice of the Supreme Court | ||||||
7 | shall appoint a Circuit Judge from the circuit where the | ||||||
8 | Statewide Grand Jury is being sought to be convened, who shall | ||||||
9 | make a determination that the convening of a Statewide Grand | ||||||
10 | Jury is necessary. | ||||||
11 | In such application the Attorney General shall state that | ||||||
12 | the convening of a Statewide Grand Jury is necessary because | ||||||
13 | of an alleged offense or offenses set forth in this Section | ||||||
14 | involving more than one county of the State and identifying | ||||||
15 | any such offense alleged; and | ||||||
16 | (a) that he or she believes that the grand jury | ||||||
17 | function for the investigation and indictment of the | ||||||
18 | offense or offenses cannot effectively be performed by a | ||||||
19 | county grand jury together with the reasons for such | ||||||
20 | belief, and | ||||||
21 | (b)(1) that each State's Attorney with jurisdiction | ||||||
22 | over an offense or offenses to be investigated has | ||||||
23 | consented to the impaneling of the Statewide Grand Jury, | ||||||
24 | or | ||||||
25 | (2) if one or more of the State's Attorneys having |
| |||||||
| |||||||
1 | jurisdiction over an offense or offenses to be | ||||||
2 | investigated fails to consent to the impaneling of the | ||||||
3 | Statewide Grand Jury, the Attorney General shall set forth | ||||||
4 | good cause for impaneling the Statewide Grand Jury. | ||||||
5 | If the Circuit Judge determines that the convening of a | ||||||
6 | Statewide Grand Jury is necessary, he or she shall convene and | ||||||
7 | impanel the Statewide Grand Jury with jurisdiction extending | ||||||
8 | throughout the State to investigate and return indictments: | ||||||
9 | (a) For violations of any of the following or for any | ||||||
10 | other criminal offense committed in the course of | ||||||
11 | violating any of the following: Article 29D of the | ||||||
12 | Criminal Code of 1961 or the Criminal Code of 2012, the | ||||||
13 | Illinois Controlled Substances Act, the Cannabis Control | ||||||
14 | Act, the Methamphetamine Control and Community Protection | ||||||
15 | Act, or the Narcotics Profit Forfeiture Act; a streetgang | ||||||
16 | related felony offense; Section 16-25.1, 24-2.1, 24-2.2, | ||||||
17 | 24-3, 24-3A, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or | ||||||
18 | subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7), | ||||||
19 | 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code | ||||||
20 | of 1961 or the Criminal Code of 2012; or a money laundering | ||||||
21 | offense; provided that the violation or offense involves | ||||||
22 | acts occurring in more than one county of this State; and | ||||||
23 | (a-5) For violations facilitated by the use of a | ||||||
24 | computer, including the use of the Internet, the World | ||||||
25 | Wide Web, electronic mail, message board, newsgroup, or | ||||||
26 | any other commercial or noncommercial on-line service, of |
| |||||||
| |||||||
1 | any of the following offenses: indecent solicitation of a | ||||||
2 | child, sexual exploitation of a child, soliciting for a | ||||||
3 | sexually exploited child juvenile prostitute , keeping a | ||||||
4 | place of commercial sexual exploitation of a child | ||||||
5 | juvenile prostitution , juvenile pimping, child | ||||||
6 | pornography, aggravated child pornography, or promoting | ||||||
7 | commercial sexual exploitation of a child juvenile | ||||||
8 | prostitution except as described in subdivision (a)(4) of | ||||||
9 | Section 11-14.4 of the Criminal Code of 1961 or the | ||||||
10 | Criminal Code of 2012; and | ||||||
11 | (b) For the offenses of perjury, subornation of | ||||||
12 | perjury, communicating with jurors and witnesses, and | ||||||
13 | harassment of jurors and witnesses, as they relate to | ||||||
14 | matters before the Statewide Grand Jury. | ||||||
15 | "Streetgang related" has the meaning ascribed to it in | ||||||
16 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
17 | Prevention Act. | ||||||
18 | Upon written application by the Attorney General for the | ||||||
19 | convening of an additional Statewide Grand Jury, the Chief | ||||||
20 | Justice of the Supreme Court shall appoint a Circuit Judge | ||||||
21 | from the circuit for which the additional Statewide Grand Jury | ||||||
22 | is sought. The Circuit Judge shall determine the necessity for | ||||||
23 | an additional Statewide Grand Jury in accordance with the | ||||||
24 | provisions of this Section. No more than 2 Statewide Grand | ||||||
25 | Juries may be empaneled at any time. | ||||||
26 | (Source: P.A. 101-593, eff. 12-4-19; 102-757, eff. 5-13-22.)
|
| |||||||
| |||||||
1 | Section 155. The Unified Code of Corrections is amended by | ||||||
2 | changing Sections 3-1-2, 3-2.5-95, 3-3-7, 5-5-3, 5-5-3.2, | ||||||
3 | 5-6-3, 5-6-3.1, and 5-9-1.7 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 | ||||||
7 | designated by the Director to exercise the powers and duties | ||||||
8 | of the Department of Corrections in regard to committed | ||||||
9 | persons within a correctional institution or facility, and | ||||||
10 | includes the superintendent of any juvenile institution or | ||||||
11 | facility. | ||||||
12 | (a-3) "Aftercare release" means the conditional and | ||||||
13 | revocable release of a person committed to the Department of | ||||||
14 | Juvenile Justice under the Juvenile Court Act of 1987, under | ||||||
15 | the supervision of the Department of Juvenile Justice. | ||||||
16 | (a-5) "Sex offense" for the purposes of paragraph (16) of | ||||||
17 | subsection (a) of Section 3-3-7, paragraph (10) of subsection | ||||||
18 | (a) of Section 5-6-3, and paragraph (18) of subsection (c) of | ||||||
19 | Section 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 |
| |||||||
| |||||||
1 | an adult), 11-14.4 (promoting commercial sexual | ||||||
2 | exploitation of a child juvenile prostitution ), 11-15.1 | ||||||
3 | (soliciting for a sexually exploited child juvenile | ||||||
4 | prostitute ), 11-17.1 (keeping a place of commercial sexual | ||||||
5 | exploitation of a child juvenile prostitution ), 11-18.1 | ||||||
6 | (patronizing a sexually exploited child juvenile | ||||||
7 | prostitute ), 11-19.1 (juvenile pimping), 11-19.2 | ||||||
8 | (exploitation of a child), 11-20.1 (child pornography), | ||||||
9 | 11-20.1B or 11-20.3 (aggravated child pornography), | ||||||
10 | 11-1.40 or 12-14.1 (predatory criminal sexual assault of a | ||||||
11 | child), or 12-33 (ritualized abuse of a child). An attempt | ||||||
12 | to commit any of these offenses. | ||||||
13 | (ii) A violation of any of the following Sections of | ||||||
14 | the Criminal Code of 1961 or the Criminal Code of 2012: | ||||||
15 | 11-1.20 or 12-13 (criminal sexual assault), 11-1.30 or | ||||||
16 | 12-14 (aggravated criminal sexual assault), 11-1.60 or | ||||||
17 | 12-16 (aggravated criminal sexual abuse), and subsection | ||||||
18 | (a) of Section 11-1.50 or subsection (a) of Section 12-15 | ||||||
19 | (criminal sexual abuse). An attempt to commit any of these | ||||||
20 | offenses. | ||||||
21 | (iii) A violation of any of the following Sections of | ||||||
22 | the Criminal Code of 1961 or the Criminal Code of 2012 when | ||||||
23 | the defendant is not a parent of the victim: | ||||||
24 | 10-1 (kidnapping), | ||||||
25 | 10-2 (aggravated kidnapping), | ||||||
26 | 10-3 (unlawful restraint), |
| |||||||
| |||||||
1 | 10-3.1 (aggravated unlawful restraint). | ||||||
2 | An attempt to commit any of these offenses. | ||||||
3 | (iv) A violation of any former law of this State | ||||||
4 | substantially equivalent to any offense listed in this | ||||||
5 | subsection (a-5). | ||||||
6 | An offense violating federal law or the law of another | ||||||
7 | state that is substantially equivalent to any offense listed | ||||||
8 | in this subsection (a-5) shall constitute a sex offense for | ||||||
9 | the purpose of this subsection (a-5). A finding or | ||||||
10 | adjudication as a sexually dangerous person under any federal | ||||||
11 | law or law of another state that is substantially equivalent | ||||||
12 | to the Sexually Dangerous Persons Act shall constitute an | ||||||
13 | adjudication for a sex offense for the purposes of this | ||||||
14 | subsection (a-5). | ||||||
15 | (b) "Commitment" means a judicially determined placement | ||||||
16 | in the custody of the Department of Corrections on the basis of | ||||||
17 | delinquency or conviction. | ||||||
18 | (c) "Committed person" is a person committed to the | ||||||
19 | Department, however a committed person shall not be considered | ||||||
20 | to be an employee of the Department of Corrections for any | ||||||
21 | purpose, including eligibility for a pension, benefits, or any | ||||||
22 | other compensation or rights or privileges which may be | ||||||
23 | provided to employees of the Department. | ||||||
24 | (c-5) "Computer scrub software" means any third-party | ||||||
25 | added software, designed to delete information from the | ||||||
26 | computer unit, the hard drive, or other software, which would |
| |||||||
| |||||||
1 | eliminate and prevent discovery of browser activity, | ||||||
2 | including, but not limited to, Internet history, address bar | ||||||
3 | or bars, cache or caches, and/or cookies, and which would | ||||||
4 | over-write files in a way so as to make previous computer | ||||||
5 | activity, including, but not limited to, website access, more | ||||||
6 | difficult to discover. | ||||||
7 | (c-10) "Content-controlled tablet" means any device that | ||||||
8 | can only access visitation applications or content relating to | ||||||
9 | educational or personal development. | ||||||
10 | (d) "Correctional institution or facility" means any | ||||||
11 | building or part of a building where committed persons are | ||||||
12 | kept in a secured manner. | ||||||
13 | (d-5) "Correctional officer" means: an employee of the | ||||||
14 | Department of Corrections who has custody and control over | ||||||
15 | committed persons in an adult correctional facility; or, for | ||||||
16 | an employee of the Department of Juvenile Justice, direct care | ||||||
17 | staff of persons committed to a juvenile facility. | ||||||
18 | (e) "Department" means both the Department of Corrections | ||||||
19 | and the Department of Juvenile Justice of this State, unless | ||||||
20 | the context is specific to either the Department of | ||||||
21 | Corrections or the Department of Juvenile Justice. | ||||||
22 | (f) "Director" means both the Director of Corrections and | ||||||
23 | the Director of Juvenile Justice, unless the context is | ||||||
24 | specific to either the Director of Corrections or the Director | ||||||
25 | of Juvenile Justice. | ||||||
26 | (f-5) (Blank). |
| |||||||
| |||||||
1 | (g) "Discharge" means the final termination of a | ||||||
2 | commitment to the Department of Corrections. | ||||||
3 | (h) "Discipline" means the rules and regulations for the | ||||||
4 | maintenance of order and the protection of persons and | ||||||
5 | property within the institutions and facilities of the | ||||||
6 | Department and their enforcement. | ||||||
7 | (i) "Escape" means the intentional and unauthorized | ||||||
8 | absence of a committed person from the custody of the | ||||||
9 | Department. | ||||||
10 | (j) "Furlough" means an authorized leave of absence from | ||||||
11 | the Department of Corrections for a designated purpose and | ||||||
12 | period of time. | ||||||
13 | (k) "Parole" means the conditional and revocable release | ||||||
14 | of a person committed to the Department of Corrections under | ||||||
15 | the supervision of a parole officer. | ||||||
16 | (l) "Prisoner Review Board" means the Board established in | ||||||
17 | Section 3-3-1(a), independent of the Department, to review | ||||||
18 | rules and regulations with respect to good time credits, to | ||||||
19 | hear charges brought by the Department against certain | ||||||
20 | prisoners alleged to have violated Department rules with | ||||||
21 | respect to good time credits, to set release dates for certain | ||||||
22 | prisoners sentenced under the law in effect prior to February | ||||||
23 | 1, 1978 (the effective date of Public Act 80-1099), to hear and | ||||||
24 | decide the time of aftercare release for persons committed to | ||||||
25 | the Department of Juvenile Justice under the Juvenile Court | ||||||
26 | Act of 1987 to hear requests and make recommendations to the |
| |||||||
| |||||||
1 | Governor with respect to pardon, reprieve or commutation, to | ||||||
2 | set conditions for parole, aftercare release, and mandatory | ||||||
3 | supervised release and determine whether violations of those | ||||||
4 | conditions justify revocation of parole or release, and to | ||||||
5 | assume all other functions previously exercised by the | ||||||
6 | Illinois Parole and Pardon Board. | ||||||
7 | (m) Whenever medical treatment, service, counseling, or | ||||||
8 | care is referred to in this Unified Code of Corrections, such | ||||||
9 | term may be construed by the Department or Court, within its | ||||||
10 | discretion, to include treatment, service, or counseling by a | ||||||
11 | Christian Science practitioner or nursing care appropriate | ||||||
12 | therewith whenever request therefor is made by a person | ||||||
13 | subject to the provisions of this Code. | ||||||
14 | (n) "Victim" shall have the meaning ascribed to it in | ||||||
15 | subsection (a) of Section 3 of the Rights of Crime Victims and | ||||||
16 | Witnesses Act. | ||||||
17 | (o) "Wrongfully imprisoned person" means a person who has | ||||||
18 | been discharged from a prison of this State and has received: | ||||||
19 | (1) a pardon from the Governor stating that such | ||||||
20 | pardon is issued on the ground of innocence of the crime | ||||||
21 | for which he or she was imprisoned; or | ||||||
22 | (2) a certificate of innocence from the Circuit Court | ||||||
23 | as provided in Section 2-702 of the Code of Civil | ||||||
24 | Procedure. | ||||||
25 | (Source: P.A. 102-558, eff. 8-20-21; 102-616, eff. 1-1-22 .)
|
| |||||||
| |||||||
1 | (730 ILCS 5/3-2.5-95) | ||||||
2 | Sec. 3-2.5-95. Conditions of aftercare release. | ||||||
3 | (a) The conditions of aftercare release for all youth | ||||||
4 | committed to the Department under the Juvenile Court Act of | ||||||
5 | 1987 shall be such as the Department of Juvenile Justice deems | ||||||
6 | necessary to assist the youth in leading a law-abiding life. | ||||||
7 | The conditions of every aftercare release are that the youth: | ||||||
8 | (1) not violate any criminal statute of any | ||||||
9 | jurisdiction during the aftercare release term; | ||||||
10 | (2) refrain from possessing a firearm or other | ||||||
11 | dangerous weapon; | ||||||
12 | (3) report to an agent of the Department; | ||||||
13 | (4) permit the agent or aftercare specialist to visit | ||||||
14 | the youth at his or her home, employment, or elsewhere to | ||||||
15 | the extent necessary for the agent or aftercare specialist | ||||||
16 | to discharge his or her duties; | ||||||
17 | (5) reside at a Department-approved host site; | ||||||
18 | (6) secure permission before visiting or writing a | ||||||
19 | committed person in an Illinois Department of Corrections | ||||||
20 | or Illinois Department of Juvenile Justice facility; | ||||||
21 | (7) report all arrests to an agent of the Department | ||||||
22 | as soon as permitted by the arresting authority but in no | ||||||
23 | event later than 24 hours after release from custody and | ||||||
24 | immediately report service or notification of an order of | ||||||
25 | protection, a civil no contact order, or a stalking no | ||||||
26 | contact order to an agent of the Department; |
| |||||||
| |||||||
1 | (8) obtain permission of an agent of the Department | ||||||
2 | before leaving the State of Illinois; | ||||||
3 | (9) obtain permission of an agent of the Department | ||||||
4 | before changing his or her residence or employment; | ||||||
5 | (10) consent to a search of his or her person, | ||||||
6 | property, or residence under his or her control; | ||||||
7 | (11) refrain from the use or possession of narcotics | ||||||
8 | or other controlled substances in any form, or both, or | ||||||
9 | any paraphernalia related to those substances and submit | ||||||
10 | to a urinalysis test as instructed by an agent of the | ||||||
11 | Department; | ||||||
12 | (12) not frequent places where controlled substances | ||||||
13 | are illegally sold, used, distributed, or administered; | ||||||
14 | (13) not knowingly associate with other persons on | ||||||
15 | parole, aftercare release, or mandatory supervised release | ||||||
16 | without prior written permission of his or her aftercare | ||||||
17 | specialist and not associate with persons who are members | ||||||
18 | of an organized gang as that term is defined in the | ||||||
19 | Illinois Streetgang Terrorism Omnibus Prevention Act; | ||||||
20 | (14) provide true and accurate information, as it | ||||||
21 | relates to his or her adjustment in the community while on | ||||||
22 | aftercare release or to his or her conduct while | ||||||
23 | incarcerated, in response to inquiries by an agent of the | ||||||
24 | Department; | ||||||
25 | (15) follow any specific instructions provided by the | ||||||
26 | agent that are consistent with furthering conditions set |
| |||||||
| |||||||
1 | and approved by the Department or by law to achieve the | ||||||
2 | goals and objectives of his or her aftercare release or to | ||||||
3 | protect the public; these instructions by the agent may be | ||||||
4 | modified at any time, as the agent deems appropriate; | ||||||
5 | (16) comply with the terms and conditions of an order | ||||||
6 | of protection issued under the Illinois Domestic Violence | ||||||
7 | Act of 1986; an order of protection issued by the court of | ||||||
8 | another state, tribe, or United States territory; a no | ||||||
9 | contact order issued under the Civil No Contact Order Act; | ||||||
10 | or a no contact order issued under the Stalking No Contact | ||||||
11 | Order Act; | ||||||
12 | (17) if convicted of a sex offense as defined in the | ||||||
13 | Sex Offender Management Board Act, and a sex offender | ||||||
14 | treatment provider has evaluated and recommended further | ||||||
15 | sex offender treatment while on aftercare release, the | ||||||
16 | youth shall undergo treatment by a sex offender treatment | ||||||
17 | provider or associate sex offender provider as defined in | ||||||
18 | the Sex Offender Management Board Act at his or her | ||||||
19 | expense based on his or her ability to pay for the | ||||||
20 | treatment; | ||||||
21 | (18) if convicted of a sex offense as defined in the | ||||||
22 | Sex Offender Management Board Act, refrain from residing | ||||||
23 | at the same address or in the same condominium unit or | ||||||
24 | apartment unit or in the same condominium complex or | ||||||
25 | apartment complex with another person he or she knows or | ||||||
26 | reasonably should know is a convicted sex offender or has |
| |||||||
| |||||||
1 | been placed on supervision for a sex offense; the | ||||||
2 | provisions of this paragraph do not apply to a person | ||||||
3 | convicted of a sex offense who is placed in a Department of | ||||||
4 | Corrections licensed transitional housing facility for sex | ||||||
5 | offenders, or is in any facility operated or licensed by | ||||||
6 | the Department of Children and Family Services or by the | ||||||
7 | Department of Human Services, or is in any licensed | ||||||
8 | medical facility; | ||||||
9 | (19) if convicted for an offense that would qualify | ||||||
10 | the offender as a sexual predator under the Sex Offender | ||||||
11 | Registration Act wear an approved electronic monitoring | ||||||
12 | device as defined in Section 5-8A-2 for the duration of | ||||||
13 | the youth's aftercare release term and if convicted for an | ||||||
14 | offense of criminal sexual assault, aggravated criminal | ||||||
15 | sexual assault, predatory criminal sexual assault of a | ||||||
16 | child, criminal sexual abuse, aggravated criminal sexual | ||||||
17 | abuse, or ritualized abuse of a child when the victim was | ||||||
18 | under 18 years of age at the time of the commission of the | ||||||
19 | offense and the offender used force or the threat of force | ||||||
20 | in the commission of the offense wear an approved | ||||||
21 | electronic monitoring device as defined in Section 5-8A-2 | ||||||
22 | that has Global Positioning System (GPS) capability for | ||||||
23 | the duration of the youth's aftercare release term; | ||||||
24 | (20) if convicted for an offense that would qualify | ||||||
25 | the offender as a child sex offender as defined in Section | ||||||
26 | 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the |
| |||||||
| |||||||
1 | Criminal Code of 2012, refrain from communicating with or | ||||||
2 | contacting, by means of the Internet, a person who is not | ||||||
3 | related to the offender and whom the offender reasonably | ||||||
4 | believes to be under 18 years of age; for purposes of this | ||||||
5 | paragraph (20), "Internet" has the meaning ascribed to it | ||||||
6 | in Section 16-0.1 of the Criminal Code of 2012; and a | ||||||
7 | person is not related to the offender if the person is not: | ||||||
8 | (A) the spouse, brother, or sister of the offender; (B) a | ||||||
9 | descendant of the offender; (C) a first or second cousin | ||||||
10 | of the offender; or (D) a step-child or adopted child of | ||||||
11 | the offender; | ||||||
12 | (21) if convicted under Section 11-6, 11-20.1, | ||||||
13 | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 | ||||||
14 | or the Criminal Code of 2012, consent to search of | ||||||
15 | computers, PDAs, cellular phones, and other devices under | ||||||
16 | his or her control that are capable of accessing the | ||||||
17 | Internet or storing electronic files, in order to confirm | ||||||
18 | Internet protocol addresses reported in accordance with | ||||||
19 | the Sex Offender Registration Act and compliance with | ||||||
20 | conditions in this Act; | ||||||
21 | (22) if convicted for an offense that would qualify | ||||||
22 | the offender as a sex offender or sexual predator under | ||||||
23 | the Sex Offender Registration Act, not possess | ||||||
24 | prescription drugs for erectile dysfunction; | ||||||
25 | (23) if convicted for an offense under Section 11-6, | ||||||
26 | 11-9.1, 11-14.4 that involves soliciting for a sexually |
| |||||||
| |||||||
1 | exploited child juvenile prostitute , 11-15.1, 11-20.1, | ||||||
2 | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 | ||||||
3 | or the Criminal Code of 2012, or any attempt to commit any | ||||||
4 | of these offenses: | ||||||
5 | (A) not access or use a computer or any other | ||||||
6 | device with Internet capability without the prior | ||||||
7 | written approval of the Department; | ||||||
8 | (B) submit to periodic unannounced examinations of | ||||||
9 | the youth's computer or any other device with Internet | ||||||
10 | capability by the youth's aftercare specialist, a law | ||||||
11 | enforcement officer, or assigned computer or | ||||||
12 | information technology specialist, including the | ||||||
13 | retrieval and copying of all data from the computer or | ||||||
14 | device and any internal or external peripherals and | ||||||
15 | removal of the information, equipment, or device to | ||||||
16 | conduct a more thorough inspection; | ||||||
17 | (C) submit to the installation on the youth's | ||||||
18 | computer or device with Internet capability, at the | ||||||
19 | youth's expense, of one or more hardware or software | ||||||
20 | systems to monitor the Internet use; and | ||||||
21 | (D) submit to any other appropriate restrictions | ||||||
22 | concerning the youth's use of or access to a computer | ||||||
23 | or any other device with Internet capability imposed | ||||||
24 | by the Department or the youth's aftercare specialist; | ||||||
25 | (24) if convicted of a sex offense as defined in the | ||||||
26 | Sex Offender Registration Act, refrain from accessing or |
| |||||||
| |||||||
1 | using a social networking website as defined in Section | ||||||
2 | 17-0.5 of the Criminal Code of 2012; | ||||||
3 | (25) if convicted of a sex offense as defined in | ||||||
4 | Section 2 of the Sex Offender Registration Act that | ||||||
5 | requires the youth to register as a sex offender under | ||||||
6 | that Act, not knowingly use any computer scrub software on | ||||||
7 | any computer that the youth uses; | ||||||
8 | (26) if convicted of a sex offense as defined in | ||||||
9 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
10 | youth is a parent or guardian of a person under 18 years of | ||||||
11 | age present in the home and no non-familial minors are | ||||||
12 | present, not participate in a holiday event involving | ||||||
13 | children under 18 years of age, such as distributing candy | ||||||
14 | or other items to children on Halloween, wearing a Santa | ||||||
15 | Claus costume on or preceding Christmas, being employed as | ||||||
16 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
17 | costume on or preceding Easter; | ||||||
18 | (27) if convicted of a violation of an order of | ||||||
19 | protection under Section 12-3.4 or Section 12-30 of the | ||||||
20 | Criminal Code of 1961 or the Criminal Code of 2012, be | ||||||
21 | placed under electronic surveillance as provided in | ||||||
22 | Section 5-8A-7 of this Code; and | ||||||
23 | (28) if convicted of a violation of the | ||||||
24 | Methamphetamine Control and Community Protection Act, the | ||||||
25 | Methamphetamine Precursor Control Act, or a | ||||||
26 | methamphetamine related offense, be: |
| |||||||
| |||||||
1 | (A) prohibited from purchasing, possessing, or | ||||||
2 | having under his or her control any product containing | ||||||
3 | pseudoephedrine unless prescribed by a physician; and | ||||||
4 | (B) prohibited from purchasing, possessing, or | ||||||
5 | having under his or her control any product containing | ||||||
6 | ammonium nitrate. | ||||||
7 | (b) The Department may in addition to other conditions | ||||||
8 | require that the youth: | ||||||
9 | (1) work or pursue a course of study or vocational | ||||||
10 | training; | ||||||
11 | (2) undergo medical or psychiatric treatment, or | ||||||
12 | treatment for drug addiction or alcoholism; | ||||||
13 | (3) attend or reside in a facility established for the | ||||||
14 | instruction or residence of persons on probation or | ||||||
15 | aftercare release; | ||||||
16 | (4) support his or her dependents; | ||||||
17 | (5) if convicted for an offense that would qualify the | ||||||
18 | youth as a child sex offender as defined in Section 11-9.3 | ||||||
19 | or 11-9.4 of the Criminal Code of 1961 or the Criminal Code | ||||||
20 | of 2012, refrain from communicating with or contacting, by | ||||||
21 | means of the Internet, a person who is related to the youth | ||||||
22 | and whom the youth reasonably believes to be under 18 | ||||||
23 | years of age; for purposes of this paragraph (5), | ||||||
24 | "Internet" has the meaning ascribed to it in Section | ||||||
25 | 16-0.1 of the Criminal Code of 2012; and a person is | ||||||
26 | related to the youth if the person is: (A) the spouse, |
| |||||||
| |||||||
1 | brother, or sister of the youth; (B) a descendant of the | ||||||
2 | youth; (C) a first or second cousin of the youth; or (D) a | ||||||
3 | step-child or adopted child of the youth; | ||||||
4 | (6) if convicted for an offense that would qualify as | ||||||
5 | a sex offense as defined in the Sex Offender Registration | ||||||
6 | Act: | ||||||
7 | (A) not access or use a computer or any other | ||||||
8 | device with Internet capability without the prior | ||||||
9 | written approval of the Department; | ||||||
10 | (B) submit to periodic unannounced examinations of | ||||||
11 | the youth's computer or any other device with Internet | ||||||
12 | capability by the youth's aftercare specialist, a law | ||||||
13 | enforcement officer, or assigned computer or | ||||||
14 | information technology specialist, including the | ||||||
15 | retrieval and copying of all data from the computer or | ||||||
16 | device and any internal or external peripherals and | ||||||
17 | removal of the information, equipment, or device to | ||||||
18 | conduct a more thorough inspection; | ||||||
19 | (C) submit to the installation on the youth's | ||||||
20 | computer or device with Internet capability, at the | ||||||
21 | youth's offender's expense, of one or more hardware or | ||||||
22 | software systems to monitor the Internet use; and | ||||||
23 | (D) submit to any other appropriate restrictions | ||||||
24 | concerning the youth's use of or access to a computer | ||||||
25 | or any other device with Internet capability imposed | ||||||
26 | by the Department or the youth's aftercare specialist; |
| |||||||
| |||||||
1 | and | ||||||
2 | (7) in addition to other conditions: | ||||||
3 | (A) reside with his or her parents or in a foster | ||||||
4 | home; | ||||||
5 | (B) attend school; | ||||||
6 | (C) attend a non-residential program for youth; or | ||||||
7 | (D) contribute to his or her own support at home or | ||||||
8 | in a foster home. | ||||||
9 | (c) In addition to the conditions under subsections (a) | ||||||
10 | and (b) of this Section, youths required to register as sex | ||||||
11 | offenders under the Sex Offender Registration Act, upon | ||||||
12 | release from the custody of the Department of Juvenile | ||||||
13 | Justice, may be required by the Department to comply with the | ||||||
14 | following specific conditions of release: | ||||||
15 | (1) reside only at a Department approved location; | ||||||
16 | (2) comply with all requirements of the Sex Offender | ||||||
17 | Registration Act; | ||||||
18 | (3) notify third parties of the risks that may be | ||||||
19 | occasioned by his or her criminal record; | ||||||
20 | (4) obtain the approval of an agent of the Department | ||||||
21 | prior to accepting employment or pursuing a course of | ||||||
22 | study or vocational training and notify the Department | ||||||
23 | prior to any change in employment, study, or training; | ||||||
24 | (5) not be employed or participate in any volunteer | ||||||
25 | activity that involves contact with children, except under | ||||||
26 | circumstances approved in advance and in writing by an |
| |||||||
| |||||||
1 | agent of the Department; | ||||||
2 | (6) be electronically monitored for a specified period | ||||||
3 | of time from the date of release as determined by the | ||||||
4 | Department; | ||||||
5 | (7) refrain from entering into a designated geographic | ||||||
6 | area except upon terms approved in advance by an agent of | ||||||
7 | the Department; these terms may include consideration of | ||||||
8 | the purpose of the entry, the time of day, and others | ||||||
9 | accompanying the youth; | ||||||
10 | (8) refrain from having any contact, including written | ||||||
11 | or oral communications, directly or indirectly, personally | ||||||
12 | or by telephone, letter, or through a third party with | ||||||
13 | certain specified persons including, but not limited to, | ||||||
14 | the victim or the victim's family without the prior | ||||||
15 | written approval of an agent of the Department; | ||||||
16 | (9) refrain from all contact, directly or indirectly, | ||||||
17 | personally, by telephone, letter, or through a third | ||||||
18 | party, with minor children without prior identification | ||||||
19 | and approval of an agent of the Department; | ||||||
20 | (10) neither possess or have under his or her control | ||||||
21 | any material that is sexually oriented, sexually | ||||||
22 | stimulating, or that shows male or female sex organs or | ||||||
23 | any pictures depicting children under 18 years of age nude | ||||||
24 | or any written or audio material describing sexual | ||||||
25 | intercourse or that depicts or alludes to sexual activity, | ||||||
26 | including, but not limited to, visual, auditory, |
| |||||||
| |||||||
1 | telephonic, or electronic media, or any matter obtained | ||||||
2 | through access to any computer or material linked to | ||||||
3 | computer access use; | ||||||
4 | (11) not patronize any business providing sexually | ||||||
5 | stimulating or sexually oriented entertainment nor utilize | ||||||
6 | "900" or adult telephone numbers; | ||||||
7 | (12) not reside near, visit, or be in or about parks, | ||||||
8 | schools, day care centers, swimming pools, beaches, | ||||||
9 | theaters, or any other places where minor children | ||||||
10 | congregate without advance approval of an agent of the | ||||||
11 | Department and immediately report any incidental contact | ||||||
12 | with minor children to the Department; | ||||||
13 | (13) not possess or have under his or her control | ||||||
14 | certain specified items of contraband related to the | ||||||
15 | incidence of sexually offending as determined by an agent | ||||||
16 | of the Department; | ||||||
17 | (14) may be required to provide a written daily log of | ||||||
18 | activities if directed by an agent of the Department; | ||||||
19 | (15) comply with all other special conditions that the | ||||||
20 | Department may impose that restrict the youth from | ||||||
21 | high-risk situations and limit access to potential | ||||||
22 | victims; | ||||||
23 | (16) take an annual polygraph exam; | ||||||
24 | (17) maintain a log of his or her travel; or | ||||||
25 | (18) obtain prior approval of an agent of the | ||||||
26 | Department before driving alone in a motor vehicle. |
| |||||||
| |||||||
1 | (d) The conditions under which the aftercare release is to | ||||||
2 | be served shall be communicated to the youth in writing prior | ||||||
3 | to his or her release, and he or she shall sign the same before | ||||||
4 | release. A signed copy of these conditions, including a copy | ||||||
5 | of an order of protection if one had been issued by the | ||||||
6 | criminal court, shall be retained by the youth and another | ||||||
7 | copy forwarded to the officer or aftercare specialist in | ||||||
8 | charge of his or her supervision. | ||||||
9 | (e) After a revocation hearing under Section 3-3-9.5, the | ||||||
10 | Department of Juvenile Justice may modify or enlarge the | ||||||
11 | conditions of aftercare release. | ||||||
12 | (f) The Department shall inform all youth of the optional | ||||||
13 | services available to them upon release and shall assist youth | ||||||
14 | in availing themselves of the optional services upon their | ||||||
15 | release on a voluntary basis. | ||||||
16 | (Source: P.A. 99-628, eff. 1-1-17 .)
| ||||||
17 | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | ||||||
18 | Sec. 3-3-7. Conditions of parole or mandatory supervised | ||||||
19 | release. | ||||||
20 | (a) The conditions of parole or mandatory supervised | ||||||
21 | release shall be such as the Prisoner Review Board deems | ||||||
22 | necessary to assist the subject in leading a law-abiding life. | ||||||
23 | The conditions of every parole and mandatory supervised | ||||||
24 | release are that the subject: | ||||||
25 | (1) not violate any criminal statute of any |
| |||||||
| |||||||
1 | jurisdiction during the parole or release term; | ||||||
2 | (2) refrain from possessing a firearm or other | ||||||
3 | dangerous weapon; | ||||||
4 | (3) report to an agent of the Department of | ||||||
5 | Corrections; | ||||||
6 | (4) permit the agent to visit him or her at his or her | ||||||
7 | home, employment, or elsewhere to the extent necessary for | ||||||
8 | the agent to discharge his or her duties; | ||||||
9 | (5) attend or reside in a facility established for the | ||||||
10 | instruction or residence of persons on parole or mandatory | ||||||
11 | supervised release; | ||||||
12 | (6) secure permission before visiting or writing a | ||||||
13 | committed person in an Illinois Department of Corrections | ||||||
14 | facility; | ||||||
15 | (7) report all arrests to an agent of the Department | ||||||
16 | of Corrections as soon as permitted by the arresting | ||||||
17 | authority but in no event later than 24 hours after | ||||||
18 | release from custody and immediately report service or | ||||||
19 | notification of an order of protection, a civil no contact | ||||||
20 | order, or a stalking no contact order to an agent of the | ||||||
21 | Department of Corrections; | ||||||
22 | (7.5) if convicted of a sex offense as defined in the | ||||||
23 | Sex Offender Management Board Act, the individual shall | ||||||
24 | undergo and successfully complete sex offender treatment | ||||||
25 | conducted in conformance with the standards developed by | ||||||
26 | the Sex Offender Management Board Act by a treatment |
| |||||||
| |||||||
1 | provider approved by the Board; | ||||||
2 | (7.6) if convicted of a sex offense as defined in the | ||||||
3 | Sex Offender Management Board Act, refrain from residing | ||||||
4 | at the same address or in the same condominium unit or | ||||||
5 | apartment unit or in the same condominium complex or | ||||||
6 | apartment complex with another person he or she knows or | ||||||
7 | reasonably should know is a convicted sex offender or has | ||||||
8 | been placed on supervision for a sex offense; the | ||||||
9 | provisions of this paragraph do not apply to a person | ||||||
10 | convicted of a sex offense who is placed in a Department of | ||||||
11 | Corrections licensed transitional housing facility for sex | ||||||
12 | offenders, or is in any facility operated or licensed by | ||||||
13 | the Department of Children and Family Services or by the | ||||||
14 | Department of Human Services, or is in any licensed | ||||||
15 | medical facility; | ||||||
16 | (7.7) if convicted for an offense that would qualify | ||||||
17 | the accused as a sexual predator under the Sex Offender | ||||||
18 | Registration Act on or after January 1, 2007 (the | ||||||
19 | effective date of Public Act 94-988), wear an approved | ||||||
20 | electronic monitoring device as defined in Section 5-8A-2 | ||||||
21 | for the duration of the person's parole, mandatory | ||||||
22 | supervised release term, or extended mandatory supervised | ||||||
23 | release term and if convicted for an offense of criminal | ||||||
24 | sexual assault, aggravated criminal sexual assault, | ||||||
25 | predatory criminal sexual assault of a child, criminal | ||||||
26 | sexual abuse, aggravated criminal sexual abuse, or |
| |||||||
| |||||||
1 | ritualized abuse of a child committed on or after August | ||||||
2 | 11, 2009 (the effective date of Public Act 96-236) when | ||||||
3 | the victim was under 18 years of age at the time of the | ||||||
4 | commission of the offense and the defendant used force or | ||||||
5 | the threat of force in the commission of the offense wear | ||||||
6 | an approved electronic monitoring device as defined in | ||||||
7 | Section 5-8A-2 that has Global Positioning System (GPS) | ||||||
8 | capability for the duration of the person's parole, | ||||||
9 | mandatory supervised release term, or extended mandatory | ||||||
10 | supervised release term; | ||||||
11 | (7.8) if convicted for an offense committed on or | ||||||
12 | after June 1, 2008 (the effective date of Public Act | ||||||
13 | 95-464) that would qualify the accused as a child sex | ||||||
14 | offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
15 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
16 | refrain from communicating with or contacting, by means of | ||||||
17 | the Internet, a person who is not related to the accused | ||||||
18 | and whom the accused reasonably believes to be under 18 | ||||||
19 | years of age; for purposes of this paragraph (7.8), | ||||||
20 | "Internet" has the meaning ascribed to it in Section | ||||||
21 | 16-0.1 of the Criminal Code of 2012; and a person is not | ||||||
22 | related to the accused if the person is not: (i) the | ||||||
23 | spouse, brother, or sister of the accused; (ii) a | ||||||
24 | descendant of the accused; (iii) a first or second cousin | ||||||
25 | of the accused; or (iv) a step-child or adopted child of | ||||||
26 | the accused; |
| |||||||
| |||||||
1 | (7.9) if convicted under Section 11-6, 11-20.1, | ||||||
2 | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 | ||||||
3 | or the Criminal Code of 2012, consent to search of | ||||||
4 | computers, PDAs, cellular phones, and other devices under | ||||||
5 | his or her control that are capable of accessing the | ||||||
6 | Internet or storing electronic files, in order to confirm | ||||||
7 | Internet protocol addresses reported in accordance with | ||||||
8 | the Sex Offender Registration Act and compliance with | ||||||
9 | conditions in this Act; | ||||||
10 | (7.10) if convicted for an offense that would qualify | ||||||
11 | the accused as a sex offender or sexual predator under the | ||||||
12 | Sex Offender Registration Act on or after June 1, 2008 | ||||||
13 | (the effective date of Public Act 95-640), not possess | ||||||
14 | prescription drugs for erectile dysfunction; | ||||||
15 | (7.11) if convicted for an offense under Section 11-6, | ||||||
16 | 11-9.1, 11-14.4 that involves soliciting for a sexually | ||||||
17 | exploited child juvenile prostitute , 11-15.1, 11-20.1, | ||||||
18 | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 | ||||||
19 | or the Criminal Code of 2012, or any attempt to commit any | ||||||
20 | of these offenses, committed on or after June 1, 2009 (the | ||||||
21 | effective date of Public Act 95-983): | ||||||
22 | (i) not access or use a computer or any other | ||||||
23 | device with Internet capability without the prior | ||||||
24 | written approval of the Department; | ||||||
25 | (ii) submit to periodic unannounced examinations | ||||||
26 | of the offender's computer or any other device with |
| |||||||
| |||||||
1 | Internet capability by the offender's supervising | ||||||
2 | agent, a law enforcement officer, or assigned computer | ||||||
3 | or information technology specialist, including the | ||||||
4 | retrieval and copying of all data from the computer or | ||||||
5 | device and any internal or external peripherals and | ||||||
6 | removal of such information, equipment, or device to | ||||||
7 | conduct a more thorough inspection; | ||||||
8 | (iii) submit to the installation on the offender's | ||||||
9 | computer or device with Internet capability, at the | ||||||
10 | offender's expense, of one or more hardware or | ||||||
11 | software systems to monitor the Internet use; and | ||||||
12 | (iv) submit to any other appropriate restrictions | ||||||
13 | concerning the offender's use of or access to a | ||||||
14 | computer or any other device with Internet capability | ||||||
15 | imposed by the Board, the Department or the offender's | ||||||
16 | supervising agent; | ||||||
17 | (7.12) if convicted of a sex offense as defined in the | ||||||
18 | Sex Offender Registration Act committed on or after | ||||||
19 | January 1, 2010 (the effective date of Public Act 96-262), | ||||||
20 | refrain from accessing or using a social networking | ||||||
21 | website as defined in Section 17-0.5 of the Criminal Code | ||||||
22 | of 2012; | ||||||
23 | (7.13) if convicted of a sex offense as defined in | ||||||
24 | Section 2 of the Sex Offender Registration Act committed | ||||||
25 | on or after January 1, 2010 (the effective date of Public | ||||||
26 | Act 96-362) that requires the person to register as a sex |
| |||||||
| |||||||
1 | offender under that Act, may not knowingly use any | ||||||
2 | computer scrub software on any computer that the sex | ||||||
3 | offender uses; | ||||||
4 | (8) obtain permission of an agent of the Department of | ||||||
5 | Corrections before leaving the State of Illinois; | ||||||
6 | (9) obtain permission of an agent of the Department of | ||||||
7 | Corrections before changing his or her residence or | ||||||
8 | employment; | ||||||
9 | (10) consent to a search of his or her person, | ||||||
10 | property, or residence under his or her control; | ||||||
11 | (11) refrain from the use or possession of narcotics | ||||||
12 | or other controlled substances in any form, or both, or | ||||||
13 | any paraphernalia related to those substances and submit | ||||||
14 | to a urinalysis test as instructed by a parole agent of the | ||||||
15 | Department of Corrections if there is reasonable suspicion | ||||||
16 | of illicit drug use and the source of the reasonable | ||||||
17 | suspicion is documented in the Department's case | ||||||
18 | management system; | ||||||
19 | (12) not knowingly frequent places where controlled | ||||||
20 | substances are illegally sold, used, distributed, or | ||||||
21 | administered; | ||||||
22 | (13) except when the association described in either | ||||||
23 | subparagraph (A) or (B) of this paragraph (13) involves | ||||||
24 | activities related to community programs, worship | ||||||
25 | services, volunteering, engaging families, or some other | ||||||
26 | pro-social activity in which there is no evidence of |
| |||||||
| |||||||
1 | criminal intent: | ||||||
2 | (A) not knowingly associate with other persons on | ||||||
3 | parole or mandatory supervised release without prior | ||||||
4 | written permission of his or her parole agent; or | ||||||
5 | (B) not knowingly associate with persons who are | ||||||
6 | members of an organized gang as that term is defined in | ||||||
7 | the Illinois Streetgang Terrorism Omnibus Prevention | ||||||
8 | Act; | ||||||
9 | (14) provide true and accurate information, as it | ||||||
10 | relates to his or her adjustment in the community while on | ||||||
11 | parole or mandatory supervised release or to his or her | ||||||
12 | conduct while incarcerated, in response to inquiries by | ||||||
13 | his or her parole agent or of the Department of | ||||||
14 | Corrections; | ||||||
15 | (15) follow any specific instructions provided by the | ||||||
16 | parole agent that are consistent with furthering | ||||||
17 | conditions set and approved by the Prisoner Review Board | ||||||
18 | or by law, exclusive of placement on electronic detention, | ||||||
19 | to achieve the goals and objectives of his or her parole or | ||||||
20 | mandatory supervised release or to protect the public. | ||||||
21 | These instructions by the parole agent may be modified at | ||||||
22 | any time, as the agent deems appropriate; | ||||||
23 | (16) if convicted of a sex offense as defined in | ||||||
24 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
25 | offender is a parent or guardian of the person under 18 | ||||||
26 | years of age present in the home and no non-familial |
| |||||||
| |||||||
1 | minors are present, not participate in a holiday event | ||||||
2 | involving children under 18 years of age, such as | ||||||
3 | distributing candy or other items to children on | ||||||
4 | Halloween, wearing a Santa Claus costume on or preceding | ||||||
5 | Christmas, being employed as a department store Santa | ||||||
6 | Claus, or wearing an Easter Bunny costume on or preceding | ||||||
7 | Easter; | ||||||
8 | (17) if convicted of a violation of an order of | ||||||
9 | protection under Section 12-3.4 or Section 12-30 of the | ||||||
10 | Criminal Code of 1961 or the Criminal Code of 2012, be | ||||||
11 | placed under electronic surveillance as provided in | ||||||
12 | Section 5-8A-7 of this Code; | ||||||
13 | (18) comply with the terms and conditions of an order | ||||||
14 | of protection issued pursuant to the Illinois Domestic | ||||||
15 | Violence Act of 1986; an order of protection issued by the | ||||||
16 | court of another state, tribe, or United States territory; | ||||||
17 | a no contact order issued pursuant to the Civil No Contact | ||||||
18 | Order Act; or a no contact order issued pursuant to the | ||||||
19 | Stalking No Contact Order Act; | ||||||
20 | (19) if convicted of a violation of the | ||||||
21 | Methamphetamine Control and Community Protection Act, the | ||||||
22 | Methamphetamine Precursor Control Act, or a | ||||||
23 | methamphetamine related offense, be: | ||||||
24 | (A) prohibited from purchasing, possessing, or | ||||||
25 | having under his or her control any product containing | ||||||
26 | pseudoephedrine unless prescribed by a physician; and |
| |||||||
| |||||||
1 | (B) prohibited from purchasing, possessing, or | ||||||
2 | having under his or her control any product containing | ||||||
3 | ammonium nitrate; | ||||||
4 | (20) if convicted of a hate crime under Section 12-7.1 | ||||||
5 | of the Criminal Code of 2012, perform public or community | ||||||
6 | service of no less than 200 hours and enroll in an | ||||||
7 | educational program discouraging hate crimes involving the | ||||||
8 | protected class identified in subsection (a) of Section | ||||||
9 | 12-7.1 of the Criminal Code of 2012 that gave rise to the | ||||||
10 | offense the offender committed ordered by the court; and | ||||||
11 | (21) be evaluated by the Department of Corrections | ||||||
12 | prior to release using a validated risk assessment and be | ||||||
13 | subject to a corresponding level of supervision. In | ||||||
14 | accordance with the findings of that evaluation: | ||||||
15 | (A) All subjects found to be at a moderate or high | ||||||
16 | risk to recidivate, or on parole or mandatory | ||||||
17 | supervised release for first degree murder, a forcible | ||||||
18 | felony as defined in Section 2-8 of the Criminal Code | ||||||
19 | of 2012, any felony that requires registration as a | ||||||
20 | sex offender under the Sex Offender Registration Act, | ||||||
21 | or a Class X felony or Class 1 felony that is not a | ||||||
22 | violation of the Cannabis Control Act, the Illinois | ||||||
23 | Controlled Substances Act, or the Methamphetamine | ||||||
24 | Control and Community Protection Act, shall be subject | ||||||
25 | to high level supervision. The Department shall define | ||||||
26 | high level supervision based upon evidence-based and |
| |||||||
| |||||||
1 | research-based practices. Notwithstanding this | ||||||
2 | placement on high level supervision, placement of the | ||||||
3 | subject on electronic monitoring or detention shall | ||||||
4 | not occur unless it is required by law or expressly | ||||||
5 | ordered or approved by the Prisoner Review Board. | ||||||
6 | (B) All subjects found to be at a low risk to | ||||||
7 | recidivate shall be subject to low-level supervision, | ||||||
8 | except for those subjects on parole or mandatory | ||||||
9 | supervised release for first degree murder, a forcible | ||||||
10 | felony as defined in Section 2-8 of the Criminal Code | ||||||
11 | of 2012, any felony that requires registration as a | ||||||
12 | sex offender under the Sex Offender Registration Act, | ||||||
13 | or a Class X felony or Class 1 felony that is not a | ||||||
14 | violation of the Cannabis Control Act, the Illinois | ||||||
15 | Controlled Substances Act, or the Methamphetamine | ||||||
16 | Control and Community Protection Act. Low level | ||||||
17 | supervision shall require the subject to check in with | ||||||
18 | the supervising officer via phone or other electronic | ||||||
19 | means. Notwithstanding this placement on low level | ||||||
20 | supervision, placement of the subject on electronic | ||||||
21 | monitoring or detention shall not occur unless it is | ||||||
22 | required by law or expressly ordered or approved by | ||||||
23 | the Prisoner Review Board. | ||||||
24 | (b) The Board may after making an individualized | ||||||
25 | assessment pursuant to subsection (a) of Section 3-14-2 in | ||||||
26 | addition to other conditions require that the subject: |
| |||||||
| |||||||
1 | (1) work or pursue a course of study or vocational | ||||||
2 | training; | ||||||
3 | (2) undergo medical or psychiatric treatment, or | ||||||
4 | treatment for drug addiction or alcoholism; | ||||||
5 | (3) attend or reside in a facility established for the | ||||||
6 | instruction or residence of persons on probation or | ||||||
7 | parole; | ||||||
8 | (4) support his or her dependents; | ||||||
9 | (5) (blank); | ||||||
10 | (6) (blank); | ||||||
11 | (7) (blank); | ||||||
12 | (7.5) if convicted for an offense committed on or | ||||||
13 | after the effective date of this amendatory Act of the | ||||||
14 | 95th General Assembly that would qualify the accused as a | ||||||
15 | child sex offender as defined in Section 11-9.3 or 11-9.4 | ||||||
16 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
17 | refrain from communicating with or contacting, by means of | ||||||
18 | the Internet, a person who is related to the accused and | ||||||
19 | whom the accused reasonably believes to be under 18 years | ||||||
20 | of age; for purposes of this paragraph (7.5), "Internet" | ||||||
21 | has the meaning ascribed to it in Section 16-0.1 of the | ||||||
22 | Criminal Code of 2012; and a person is related to the | ||||||
23 | accused if the person is: (i) the spouse, brother, or | ||||||
24 | sister of the accused; (ii) a descendant of the accused; | ||||||
25 | (iii) a first or second cousin of the accused; or (iv) a | ||||||
26 | step-child or adopted child of the accused; |
| |||||||
| |||||||
1 | (7.6) if convicted for an offense committed on or | ||||||
2 | after June 1, 2009 (the effective date of Public Act | ||||||
3 | 95-983) that would qualify as a sex offense as defined in | ||||||
4 | the Sex Offender Registration Act: | ||||||
5 | (i) not access or use a computer or any other | ||||||
6 | device with Internet capability without the prior | ||||||
7 | written approval of the Department; | ||||||
8 | (ii) submit to periodic unannounced examinations | ||||||
9 | of the offender's computer or any other device with | ||||||
10 | Internet capability by the offender's supervising | ||||||
11 | agent, a law enforcement officer, or assigned computer | ||||||
12 | or information technology specialist, including the | ||||||
13 | retrieval and copying of all data from the computer or | ||||||
14 | device and any internal or external peripherals and | ||||||
15 | removal of such information, equipment, or device to | ||||||
16 | conduct a more thorough inspection; | ||||||
17 | (iii) submit to the installation on the offender's | ||||||
18 | computer or device with Internet capability, at the | ||||||
19 | offender's expense, of one or more hardware or | ||||||
20 | software systems to monitor the Internet use; and | ||||||
21 | (iv) submit to any other appropriate restrictions | ||||||
22 | concerning the offender's use of or access to a | ||||||
23 | computer or any other device with Internet capability | ||||||
24 | imposed by the Board, the Department or the offender's | ||||||
25 | supervising agent; and | ||||||
26 | (8) (blank). |
| |||||||
| |||||||
1 | (b-1) In addition to the conditions set forth in | ||||||
2 | subsections (a) and (b), persons required to register as sex | ||||||
3 | offenders pursuant to the Sex Offender Registration Act, upon | ||||||
4 | release from the custody of the Illinois Department of | ||||||
5 | Corrections, may be required by the Board to comply with the | ||||||
6 | following specific conditions of release following an | ||||||
7 | individualized assessment pursuant to subsection (a) of | ||||||
8 | Section 3-14-2: | ||||||
9 | (1) reside only at a Department approved location; | ||||||
10 | (2) comply with all requirements of the Sex Offender | ||||||
11 | Registration Act; | ||||||
12 | (3) notify third parties of the risks that may be | ||||||
13 | occasioned by his or her criminal record; | ||||||
14 | (4) obtain the approval of an agent of the Department | ||||||
15 | of Corrections prior to accepting employment or pursuing a | ||||||
16 | course of study or vocational training and notify the | ||||||
17 | Department prior to any change in employment, study, or | ||||||
18 | training; | ||||||
19 | (5) not be employed or participate in any volunteer | ||||||
20 | activity that involves contact with children, except under | ||||||
21 | circumstances approved in advance and in writing by an | ||||||
22 | agent of the Department of Corrections; | ||||||
23 | (6) be electronically monitored for a minimum of 12 | ||||||
24 | months from the date of release as determined by the | ||||||
25 | Board; | ||||||
26 | (7) refrain from entering into a designated geographic |
| |||||||
| |||||||
1 | area except upon terms approved in advance by an agent of | ||||||
2 | the Department of Corrections. The terms may include | ||||||
3 | consideration of the purpose of the entry, the time of | ||||||
4 | day, and others accompanying the person; | ||||||
5 | (8) refrain from having any contact, including written | ||||||
6 | or oral communications, directly or indirectly, personally | ||||||
7 | or by telephone, letter, or through a third party with | ||||||
8 | certain specified persons including, but not limited to, | ||||||
9 | the victim or the victim's family without the prior | ||||||
10 | written approval of an agent of the Department of | ||||||
11 | Corrections; | ||||||
12 | (9) refrain from all contact, directly or indirectly, | ||||||
13 | personally, by telephone, letter, or through a third | ||||||
14 | party, with minor children without prior identification | ||||||
15 | and approval of an agent of the Department of Corrections; | ||||||
16 | (10) neither possess or have under his or her control | ||||||
17 | any material that is sexually oriented, sexually | ||||||
18 | stimulating, or that shows male or female sex organs or | ||||||
19 | any pictures depicting children under 18 years of age nude | ||||||
20 | or any written or audio material describing sexual | ||||||
21 | intercourse or that depicts or alludes to sexual activity, | ||||||
22 | including but not limited to visual, auditory, telephonic, | ||||||
23 | or electronic media, or any matter obtained through access | ||||||
24 | to any computer or material linked to computer access use; | ||||||
25 | (11) not patronize any business providing sexually | ||||||
26 | stimulating or sexually oriented entertainment nor utilize |
| |||||||
| |||||||
1 | "900" or adult telephone numbers; | ||||||
2 | (12) not reside near, visit, or be in or about parks, | ||||||
3 | schools, day care centers, swimming pools, beaches, | ||||||
4 | theaters, or any other places where minor children | ||||||
5 | congregate without advance approval of an agent of the | ||||||
6 | Department of Corrections and immediately report any | ||||||
7 | incidental contact with minor children to the Department; | ||||||
8 | (13) not possess or have under his or her control | ||||||
9 | certain specified items of contraband related to the | ||||||
10 | incidence of sexually offending as determined by an agent | ||||||
11 | of the Department of Corrections; | ||||||
12 | (14) may be required to provide a written daily log of | ||||||
13 | activities if directed by an agent of the Department of | ||||||
14 | Corrections; | ||||||
15 | (15) comply with all other special conditions that the | ||||||
16 | Department may impose that restrict the person from | ||||||
17 | high-risk situations and limit access to potential | ||||||
18 | victims; | ||||||
19 | (16) take an annual polygraph exam; | ||||||
20 | (17) maintain a log of his or her travel; or | ||||||
21 | (18) obtain prior approval of his or her parole | ||||||
22 | officer before driving alone in a motor vehicle. | ||||||
23 | (c) The conditions under which the parole or mandatory | ||||||
24 | supervised release is to be served shall be communicated to | ||||||
25 | the person in writing prior to his or her release, and he or | ||||||
26 | she shall sign the same before release. A signed copy of these |
| |||||||
| |||||||
1 | conditions, including a copy of an order of protection where | ||||||
2 | one had been issued by the criminal court, shall be retained by | ||||||
3 | the person and another copy forwarded to the officer in charge | ||||||
4 | of his or her supervision. | ||||||
5 | (d) After a hearing under Section 3-3-9, the Prisoner | ||||||
6 | Review Board may modify or enlarge the conditions of parole or | ||||||
7 | mandatory supervised release. | ||||||
8 | (e) The Department shall inform all offenders committed to | ||||||
9 | the Department of the optional services available to them upon | ||||||
10 | release and shall assist inmates in availing themselves of | ||||||
11 | such optional services upon their release on a voluntary | ||||||
12 | basis. | ||||||
13 | (f) (Blank). | ||||||
14 | (Source: P.A. 103-271, eff. 1-1-24 .)
| ||||||
15 | (730 ILCS 5/5-5-3) | ||||||
16 | Sec. 5-5-3. Disposition. | ||||||
17 | (a) (Blank). | ||||||
18 | (b) (Blank). | ||||||
19 | (c)(1) (Blank). | ||||||
20 | (2) A period of probation, a term of periodic imprisonment | ||||||
21 | or conditional discharge shall not be imposed for the | ||||||
22 | following offenses. The court shall sentence the offender to | ||||||
23 | not less than the minimum term of imprisonment set forth in | ||||||
24 | this Code for the following offenses, and may order a fine or | ||||||
25 | restitution or both in conjunction with such term of |
| |||||||
| |||||||
1 | imprisonment: | ||||||
2 | (A) First degree murder. | ||||||
3 | (B) Attempted first degree murder. | ||||||
4 | (C) A Class X felony. | ||||||
5 | (D) A violation of Section 401.1 or 407 of the | ||||||
6 | Illinois Controlled Substances Act, or a violation of | ||||||
7 | subdivision (c)(1.5) of Section 401 of that Act which | ||||||
8 | relates to more than 5 grams of a substance containing | ||||||
9 | fentanyl or an analog thereof. | ||||||
10 | (D-5) A violation of subdivision (c)(1) of Section 401 | ||||||
11 | of the Illinois Controlled Substances Act which relates to | ||||||
12 | 3 or more grams of a substance containing heroin or an | ||||||
13 | analog thereof. | ||||||
14 | (E) (Blank). | ||||||
15 | (F) A Class 1 or greater felony if the offender had | ||||||
16 | been convicted of a Class 1 or greater felony, including | ||||||
17 | any state or federal conviction for an offense that | ||||||
18 | contained, at the time it was committed, the same elements | ||||||
19 | as an offense now (the date of the offense committed after | ||||||
20 | the prior Class 1 or greater felony) classified as a Class | ||||||
21 | 1 or greater felony, within 10 years of the date on which | ||||||
22 | the offender committed the offense for which he or she is | ||||||
23 | being sentenced, except as otherwise provided in Section | ||||||
24 | 40-10 of the Substance Use Disorder Act. | ||||||
25 | (F-3) A Class 2 or greater felony sex offense or | ||||||
26 | felony firearm offense if the offender had been convicted |
| |||||||
| |||||||
1 | of a Class 2 or greater felony, including any state or | ||||||
2 | federal conviction for an offense that contained, at the | ||||||
3 | time it was committed, the same elements as an offense now | ||||||
4 | (the date of the offense committed after the prior Class 2 | ||||||
5 | or greater felony) classified as a Class 2 or greater | ||||||
6 | felony, within 10 years of the date on which the offender | ||||||
7 | committed the offense for which he or she is being | ||||||
8 | sentenced, except as otherwise provided in Section 40-10 | ||||||
9 | of the Substance Use Disorder Act. | ||||||
10 | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 | ||||||
11 | of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
12 | for which imprisonment is prescribed in those Sections. | ||||||
13 | (G) Residential burglary, except as otherwise provided | ||||||
14 | in Section 40-10 of the Substance Use Disorder Act. | ||||||
15 | (H) Criminal sexual assault. | ||||||
16 | (I) Aggravated battery of a senior citizen as | ||||||
17 | described in Section 12-4.6 or subdivision (a)(4) of | ||||||
18 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
19 | Criminal Code of 2012. | ||||||
20 | (J) A forcible felony if the offense was related to | ||||||
21 | the activities of an organized gang. | ||||||
22 | Before July 1, 1994, for the purposes of this | ||||||
23 | paragraph, "organized gang" means an association of 5 or | ||||||
24 | more persons, with an established hierarchy, that | ||||||
25 | encourages members of the association to perpetrate crimes | ||||||
26 | or provides support to the members of the association who |
| |||||||
| |||||||
1 | do commit crimes. | ||||||
2 | Beginning July 1, 1994, for the purposes of this | ||||||
3 | paragraph, "organized gang" has the meaning ascribed to it | ||||||
4 | in Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
5 | Prevention Act. | ||||||
6 | (K) Vehicular hijacking. | ||||||
7 | (L) A second or subsequent conviction for the offense | ||||||
8 | of hate crime when the underlying offense upon which the | ||||||
9 | hate crime is based is felony aggravated assault or felony | ||||||
10 | mob action. | ||||||
11 | (M) A second or subsequent conviction for the offense | ||||||
12 | of institutional vandalism if the damage to the property | ||||||
13 | exceeds $300. | ||||||
14 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
15 | subsection (a) of Section 2 of the Firearm Owners | ||||||
16 | Identification Card Act. | ||||||
17 | (O) A violation of Section 12-6.1 or 12-6.5 of the | ||||||
18 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
19 | (P) A violation of paragraph (1), (2), (3), (4), (5), | ||||||
20 | or (7) of subsection (a) of Section 11-20.1 of the | ||||||
21 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
22 | (P-5) A violation of paragraph (6) of subsection (a) | ||||||
23 | of Section 11-20.1 of the Criminal Code of 1961 or the | ||||||
24 | Criminal Code of 2012 if the victim is a household or | ||||||
25 | family member of the defendant. | ||||||
26 | (Q) A violation of subsection (b) or (b-5) of Section |
| |||||||
| |||||||
1 | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | ||||||
2 | Code of 1961 or the Criminal Code of 2012. | ||||||
3 | (R) A violation of Section 24-3A of the Criminal Code | ||||||
4 | of 1961 or the Criminal Code of 2012. | ||||||
5 | (S) (Blank). | ||||||
6 | (T) (Blank). | ||||||
7 | (U) A second or subsequent violation of Section 6-303 | ||||||
8 | of the Illinois Vehicle Code committed while his or her | ||||||
9 | driver's license, permit, or privilege was revoked because | ||||||
10 | of a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
11 | or the Criminal Code of 2012, relating to the offense of | ||||||
12 | reckless homicide, or a similar provision of a law of | ||||||
13 | another state. | ||||||
14 | (V) A violation of paragraph (4) of subsection (c) of | ||||||
15 | Section 11-20.1B or paragraph (4) of subsection (c) of | ||||||
16 | Section 11-20.3 of the Criminal Code of 1961, or paragraph | ||||||
17 | (6) of subsection (a) of Section 11-20.1 of the Criminal | ||||||
18 | Code of 2012 when the victim is under 13 years of age and | ||||||
19 | the defendant has previously been convicted under the laws | ||||||
20 | of this State or any other state of the offense of child | ||||||
21 | pornography, aggravated child pornography, aggravated | ||||||
22 | criminal sexual abuse, aggravated criminal sexual assault, | ||||||
23 | predatory criminal sexual assault of a child, or any of | ||||||
24 | the offenses formerly known as rape, deviate sexual | ||||||
25 | assault, indecent liberties with a child, or aggravated | ||||||
26 | indecent liberties with a child where the victim was under |
| |||||||
| |||||||
1 | the age of 18 years or an offense that is substantially | ||||||
2 | equivalent to those offenses. | ||||||
3 | (W) A violation of Section 24-3.5 of the Criminal Code | ||||||
4 | of 1961 or the Criminal Code of 2012. | ||||||
5 | (X) A violation of subsection (a) of Section 31-1a of | ||||||
6 | the Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
7 | (Y) A conviction for unlawful possession of a firearm | ||||||
8 | by a street gang member when the firearm was loaded or | ||||||
9 | contained firearm ammunition. | ||||||
10 | (Z) A Class 1 felony committed while he or she was | ||||||
11 | serving a term of probation or conditional discharge for a | ||||||
12 | felony. | ||||||
13 | (AA) Theft of property exceeding $500,000 and not | ||||||
14 | exceeding $1,000,000 in value. | ||||||
15 | (BB) Laundering of criminally derived property of a | ||||||
16 | value exceeding $500,000. | ||||||
17 | (CC) Knowingly selling, offering for sale, holding for | ||||||
18 | sale, or using 2,000 or more counterfeit items or | ||||||
19 | counterfeit items having a retail value in the aggregate | ||||||
20 | of $500,000 or more. | ||||||
21 | (DD) A conviction for aggravated assault under | ||||||
22 | paragraph (6) of subsection (c) of Section 12-2 of the | ||||||
23 | Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
24 | firearm is aimed toward the person against whom the | ||||||
25 | firearm is being used. | ||||||
26 | (EE) A conviction for a violation of paragraph (2) of |
| |||||||
| |||||||
1 | subsection (a) of Section 24-3B of the Criminal Code of | ||||||
2 | 2012. | ||||||
3 | (3) (Blank). | ||||||
4 | (4) A minimum term of imprisonment of not less than 10 | ||||||
5 | consecutive days or 30 days of community service shall be | ||||||
6 | imposed for a violation of paragraph (c) of Section 6-303 of | ||||||
7 | the Illinois Vehicle Code. | ||||||
8 | (4.1) (Blank). | ||||||
9 | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | ||||||
10 | this subsection (c), a minimum of 100 hours of community | ||||||
11 | service shall be imposed for a second violation of Section | ||||||
12 | 6-303 of the Illinois Vehicle Code. | ||||||
13 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
14 | hours of community service, as determined by the court, shall | ||||||
15 | be imposed for a second violation of subsection (c) of Section | ||||||
16 | 6-303 of the Illinois Vehicle Code. | ||||||
17 | (4.4) Except as provided in paragraphs (4.5), (4.6), and | ||||||
18 | (4.9) of this subsection (c), a minimum term of imprisonment | ||||||
19 | of 30 days or 300 hours of community service, as determined by | ||||||
20 | the court, shall be imposed for a third or subsequent | ||||||
21 | violation of Section 6-303 of the Illinois Vehicle Code. The | ||||||
22 | court may give credit toward the fulfillment of community | ||||||
23 | service hours for participation in activities and treatment as | ||||||
24 | determined by court services. | ||||||
25 | (4.5) A minimum term of imprisonment of 30 days shall be | ||||||
26 | imposed for a third violation of subsection (c) of Section |
| |||||||
| |||||||
1 | 6-303 of the Illinois Vehicle Code. | ||||||
2 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
3 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
4 | shall be imposed for a fourth or subsequent violation of | ||||||
5 | subsection (c) of Section 6-303 of the Illinois Vehicle Code. | ||||||
6 | (4.7) A minimum term of imprisonment of not less than 30 | ||||||
7 | consecutive days, or 300 hours of community service, shall be | ||||||
8 | imposed for a violation of subsection (a-5) of Section 6-303 | ||||||
9 | of the Illinois Vehicle Code, as provided in subsection (b-5) | ||||||
10 | of that Section. | ||||||
11 | (4.8) A mandatory prison sentence shall be imposed for a | ||||||
12 | second violation of subsection (a-5) of Section 6-303 of the | ||||||
13 | Illinois Vehicle Code, as provided in subsection (c-5) of that | ||||||
14 | Section. The person's driving privileges shall be revoked for | ||||||
15 | a period of not less than 5 years from the date of his or her | ||||||
16 | release from prison. | ||||||
17 | (4.9) A mandatory prison sentence of not less than 4 and | ||||||
18 | not more than 15 years shall be imposed for a third violation | ||||||
19 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||||||
20 | Code, as provided in subsection (d-2.5) of that Section. The | ||||||
21 | person's driving privileges shall be revoked for the remainder | ||||||
22 | of his or her life. | ||||||
23 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
24 | shall be imposed, and the person shall be eligible for an | ||||||
25 | extended term sentence, for a fourth or subsequent violation | ||||||
26 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
| |||||||
| |||||||
1 | Code, as provided in subsection (d-3.5) of that Section. The | ||||||
2 | person's driving privileges shall be revoked for the remainder | ||||||
3 | of his or her life. | ||||||
4 | (5) The court may sentence a corporation or unincorporated | ||||||
5 | association convicted of any offense to: | ||||||
6 | (A) a period of conditional discharge; | ||||||
7 | (B) a fine; | ||||||
8 | (C) make restitution to the victim under Section 5-5-6 | ||||||
9 | of this Code. | ||||||
10 | (5.1) In addition to any other penalties imposed, and | ||||||
11 | except as provided in paragraph (5.2) or (5.3), a person | ||||||
12 | convicted of violating subsection (c) of Section 11-907 of the | ||||||
13 | Illinois Vehicle Code shall have his or her driver's license, | ||||||
14 | permit, or privileges suspended for at least 90 days but not | ||||||
15 | more than one year, if the violation resulted in damage to the | ||||||
16 | property of another person. | ||||||
17 | (5.2) In addition to any other penalties imposed, and | ||||||
18 | except as provided in paragraph (5.3), a person convicted of | ||||||
19 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
20 | Vehicle Code shall have his or her driver's license, permit, | ||||||
21 | or privileges suspended for at least 180 days but not more than | ||||||
22 | 2 years, if the violation resulted in injury to another | ||||||
23 | person. | ||||||
24 | (5.3) In addition to any other penalties imposed, a person | ||||||
25 | convicted of violating subsection (c) of Section 11-907 of the | ||||||
26 | Illinois Vehicle Code shall have his or her driver's license, |
| |||||||
| |||||||
1 | permit, or privileges suspended for 2 years, if the violation | ||||||
2 | resulted in the death of another person. | ||||||
3 | (5.4) In addition to any other penalties imposed, a person | ||||||
4 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
5 | Code shall have his or her driver's license, permit, or | ||||||
6 | privileges suspended for 3 months and until he or she has paid | ||||||
7 | a reinstatement fee of $100. | ||||||
8 | (5.5) In addition to any other penalties imposed, a person | ||||||
9 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
10 | Code during a period in which his or her driver's license, | ||||||
11 | permit, or privileges were suspended for a previous violation | ||||||
12 | of that Section shall have his or her driver's license, | ||||||
13 | permit, or privileges suspended for an additional 6 months | ||||||
14 | after the expiration of the original 3-month suspension and | ||||||
15 | until he or she has paid a reinstatement fee of $100. | ||||||
16 | (6) (Blank). | ||||||
17 | (7) (Blank). | ||||||
18 | (8) (Blank). | ||||||
19 | (9) A defendant convicted of a second or subsequent | ||||||
20 | offense of ritualized abuse of a child may be sentenced to a | ||||||
21 | term of natural life imprisonment. | ||||||
22 | (10) (Blank). | ||||||
23 | (11) The court shall impose a minimum fine of $1,000 for a | ||||||
24 | first offense and $2,000 for a second or subsequent offense | ||||||
25 | upon a person convicted of or placed on supervision for | ||||||
26 | battery when the individual harmed was a sports official or |
| |||||||
| |||||||
1 | coach at any level of competition and the act causing harm to | ||||||
2 | the sports official or coach occurred within an athletic | ||||||
3 | facility or within the immediate vicinity of the athletic | ||||||
4 | facility at which the sports official or coach was an active | ||||||
5 | participant of the athletic contest held at the athletic | ||||||
6 | facility. For the purposes of this paragraph (11), "sports | ||||||
7 | official" means a person at an athletic contest who enforces | ||||||
8 | the rules of the contest, such as an umpire or referee; | ||||||
9 | "athletic facility" means an indoor or outdoor playing field | ||||||
10 | or recreational area where sports activities are conducted; | ||||||
11 | and "coach" means a person recognized as a coach by the | ||||||
12 | sanctioning authority that conducted the sporting event. | ||||||
13 | (12) A person may not receive a disposition of court | ||||||
14 | supervision for a violation of Section 5-16 of the Boat | ||||||
15 | Registration and Safety Act if that person has previously | ||||||
16 | received a disposition of court supervision for a violation of | ||||||
17 | that Section. | ||||||
18 | (13) A person convicted of or placed on court supervision | ||||||
19 | for an assault or aggravated assault when the victim and the | ||||||
20 | offender are family or household members as defined in Section | ||||||
21 | 103 of the Illinois Domestic Violence Act of 1986 or convicted | ||||||
22 | of domestic battery or aggravated domestic battery may be | ||||||
23 | required to attend a Partner Abuse Intervention Program under | ||||||
24 | protocols set forth by the Illinois Department of Human | ||||||
25 | Services under such terms and conditions imposed by the court. | ||||||
26 | The costs of such classes shall be paid by the offender. |
| |||||||
| |||||||
1 | (d) In any case in which a sentence originally imposed is | ||||||
2 | vacated, the case shall be remanded to the trial court. The | ||||||
3 | trial court shall hold a hearing under Section 5-4-1 of this | ||||||
4 | Code which may include evidence of the defendant's life, moral | ||||||
5 | character and occupation during the time since the original | ||||||
6 | sentence was passed. The trial court shall then impose | ||||||
7 | sentence upon the defendant. The trial court may impose any | ||||||
8 | sentence which could have been imposed at the original trial | ||||||
9 | subject to Section 5-5-4 of this Code. If a sentence is vacated | ||||||
10 | on appeal or on collateral attack due to the failure of the | ||||||
11 | trier of fact at trial to determine beyond a reasonable doubt | ||||||
12 | the existence of a fact (other than a prior conviction) | ||||||
13 | necessary to increase the punishment for the offense beyond | ||||||
14 | the statutory maximum otherwise applicable, either the | ||||||
15 | defendant may be re-sentenced to a term within the range | ||||||
16 | otherwise provided or, if the State files notice of its | ||||||
17 | intention to again seek the extended sentence, the defendant | ||||||
18 | shall be afforded a new trial. | ||||||
19 | (e) In cases where prosecution for aggravated criminal | ||||||
20 | sexual abuse under Section 11-1.60 or 12-16 of the Criminal | ||||||
21 | Code of 1961 or the Criminal Code of 2012 results in conviction | ||||||
22 | of a defendant who was a family member of the victim at the | ||||||
23 | time of the commission of the offense, the court shall | ||||||
24 | consider the safety and welfare of the victim and may impose a | ||||||
25 | sentence of probation only where: | ||||||
26 | (1) the court finds (A) or (B) or both are |
| |||||||
| |||||||
1 | appropriate: | ||||||
2 | (A) the defendant is willing to undergo a court | ||||||
3 | approved counseling program for a minimum duration of | ||||||
4 | 2 years; or | ||||||
5 | (B) the defendant is willing to participate in a | ||||||
6 | court approved plan, including, but not limited to, | ||||||
7 | the defendant's: | ||||||
8 | (i) removal from the household; | ||||||
9 | (ii) restricted contact with the victim; | ||||||
10 | (iii) continued financial support of the | ||||||
11 | family; | ||||||
12 | (iv) restitution for harm done to the victim; | ||||||
13 | and | ||||||
14 | (v) compliance with any other measures that | ||||||
15 | the court may deem appropriate; and | ||||||
16 | (2) the court orders the defendant to pay for the | ||||||
17 | victim's counseling services, to the extent that the court | ||||||
18 | finds, after considering the defendant's income and | ||||||
19 | assets, that the defendant is financially capable of | ||||||
20 | paying for such services, if the victim was under 18 years | ||||||
21 | of age at the time the offense was committed and requires | ||||||
22 | counseling as a result of the offense. | ||||||
23 | Probation may be revoked or modified pursuant to Section | ||||||
24 | 5-6-4; except where the court determines at the hearing that | ||||||
25 | the defendant violated a condition of his or her probation | ||||||
26 | restricting contact with the victim or other family members or |
| |||||||
| |||||||
1 | commits another offense with the victim or other family | ||||||
2 | members, the court shall revoke the defendant's probation and | ||||||
3 | impose a term of imprisonment. | ||||||
4 | For the purposes of this Section, "family member" and | ||||||
5 | "victim" shall have the meanings ascribed to them in Section | ||||||
6 | 11-0.1 of the Criminal Code of 2012. | ||||||
7 | (f) (Blank). | ||||||
8 | (g) Whenever a defendant is convicted of an offense under | ||||||
9 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14, | ||||||
10 | 11-14.3, 11-14.4 except for an offense that involves keeping a | ||||||
11 | place of commercial sexual exploitation of a child juvenile | ||||||
12 | prostitution , 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | ||||||
13 | 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
14 | 12-16 of the Criminal Code of 1961 or the Criminal Code of | ||||||
15 | 2012, the defendant shall undergo medical testing to determine | ||||||
16 | whether the defendant has any sexually transmissible disease, | ||||||
17 | including a test for infection with human immunodeficiency | ||||||
18 | virus (HIV) or any other identified causative agent of | ||||||
19 | acquired immunodeficiency syndrome (AIDS). Any such medical | ||||||
20 | test shall be performed only by appropriately licensed medical | ||||||
21 | practitioners and may include an analysis of any bodily fluids | ||||||
22 | as well as an examination of the defendant's person. Except as | ||||||
23 | otherwise provided by law, the results of such test shall be | ||||||
24 | kept strictly confidential by all medical personnel involved | ||||||
25 | in the testing and must be personally delivered in a sealed | ||||||
26 | envelope to the judge of the court in which the conviction was |
| |||||||
| |||||||
1 | entered for the judge's inspection in camera. Acting in | ||||||
2 | accordance with the best interests of the victim and the | ||||||
3 | public, the judge shall have the discretion to determine to | ||||||
4 | whom, if anyone, the results of the testing may be revealed. | ||||||
5 | The court shall notify the defendant of the test results. The | ||||||
6 | court shall also notify the victim if requested by the victim, | ||||||
7 | and if the victim is under the age of 15 and if requested by | ||||||
8 | the victim's parents or legal guardian, the court shall notify | ||||||
9 | the victim's parents or legal guardian of the test results. | ||||||
10 | The court shall provide information on the availability of HIV | ||||||
11 | testing and counseling at Department of Public Health | ||||||
12 | facilities to all parties to whom the results of the testing | ||||||
13 | are revealed and shall direct the State's Attorney to provide | ||||||
14 | the information to the victim when possible. The court shall | ||||||
15 | order that the cost of any such test shall be paid by the | ||||||
16 | county and may be taxed as costs against the convicted | ||||||
17 | defendant. | ||||||
18 | (g-5) When an inmate is tested for an airborne | ||||||
19 | communicable disease, as determined by the Illinois Department | ||||||
20 | of Public Health, including, but not limited to, tuberculosis, | ||||||
21 | the results of the test shall be personally delivered by the | ||||||
22 | warden or his or her designee in a sealed envelope to the judge | ||||||
23 | of the court in which the inmate must appear for the judge's | ||||||
24 | inspection in camera if requested by the judge. Acting in | ||||||
25 | accordance with the best interests of those in the courtroom, | ||||||
26 | the judge shall have the discretion to determine what if any |
| |||||||
| |||||||
1 | precautions need to be taken to prevent transmission of the | ||||||
2 | disease in the courtroom. | ||||||
3 | (h) Whenever a defendant is convicted of an offense under | ||||||
4 | Section 1 or 2 of the Hypodermic Syringes and Needles Act, the | ||||||
5 | defendant shall undergo medical testing to determine whether | ||||||
6 | the defendant has been exposed to human immunodeficiency virus | ||||||
7 | (HIV) or any other identified causative agent of acquired | ||||||
8 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
9 | by law, the results of such test shall be kept strictly | ||||||
10 | confidential by all medical personnel involved in the testing | ||||||
11 | and must be personally delivered in a sealed envelope to the | ||||||
12 | judge of the court in which the conviction was entered for the | ||||||
13 | judge's inspection in camera. Acting in accordance with the | ||||||
14 | best interests of the public, the judge shall have the | ||||||
15 | discretion to determine to whom, if anyone, the results of the | ||||||
16 | testing may be revealed. The court shall notify the defendant | ||||||
17 | of a positive test showing an infection with the human | ||||||
18 | immunodeficiency virus (HIV). The court shall provide | ||||||
19 | information on the availability of HIV testing and counseling | ||||||
20 | at Department of Public Health facilities to all parties to | ||||||
21 | whom the results of the testing are revealed and shall direct | ||||||
22 | the State's Attorney to provide the information to the victim | ||||||
23 | when possible. The court shall order that the cost of any such | ||||||
24 | test shall be paid by the county and may be taxed as costs | ||||||
25 | against the convicted defendant. | ||||||
26 | (i) All fines and penalties imposed under this Section for |
| |||||||
| |||||||
1 | any violation of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
2 | Vehicle Code, or a similar provision of a local ordinance, and | ||||||
3 | any violation of the Child Passenger Protection Act, or a | ||||||
4 | similar provision of a local ordinance, shall be collected and | ||||||
5 | disbursed by the circuit clerk as provided under the Criminal | ||||||
6 | and Traffic Assessment Act. | ||||||
7 | (j) In cases when prosecution for any violation of Section | ||||||
8 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9, | ||||||
9 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
10 | 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
11 | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||||||
12 | 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal | ||||||
13 | Code of 2012, any violation of the Illinois Controlled | ||||||
14 | Substances Act, any violation of the Cannabis Control Act, or | ||||||
15 | any violation of the Methamphetamine Control and Community | ||||||
16 | Protection Act results in conviction, a disposition of court | ||||||
17 | supervision, or an order of probation granted under Section 10 | ||||||
18 | of the Cannabis Control Act, Section 410 of the Illinois | ||||||
19 | Controlled Substances Act, or Section 70 of the | ||||||
20 | Methamphetamine Control and Community Protection Act of a | ||||||
21 | defendant, the court shall determine whether the defendant is | ||||||
22 | employed by a facility or center as defined under the Child | ||||||
23 | Care Act of 1969, a public or private elementary or secondary | ||||||
24 | school, or otherwise works with children under 18 years of age | ||||||
25 | on a daily basis. When a defendant is so employed, the court | ||||||
26 | shall order the Clerk of the Court to send a copy of the |
| |||||||
| |||||||
1 | judgment of conviction or order of supervision or probation to | ||||||
2 | the defendant's employer by certified mail. If the employer of | ||||||
3 | the defendant is a school, the Clerk of the Court shall direct | ||||||
4 | the mailing of a copy of the judgment of conviction or order of | ||||||
5 | supervision or probation to the appropriate regional | ||||||
6 | superintendent of schools. The regional superintendent of | ||||||
7 | schools shall notify the State Board of Education of any | ||||||
8 | notification under this subsection. | ||||||
9 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
10 | of a felony and who has not been previously convicted of a | ||||||
11 | misdemeanor or felony and who is sentenced to a term of | ||||||
12 | imprisonment in the Illinois Department of Corrections shall | ||||||
13 | as a condition of his or her sentence be required by the court | ||||||
14 | to attend educational courses designed to prepare the | ||||||
15 | defendant for a high school diploma and to work toward a high | ||||||
16 | school diploma or to work toward passing high school | ||||||
17 | equivalency testing or to work toward completing a vocational | ||||||
18 | training program offered by the Department of Corrections. If | ||||||
19 | a defendant fails to complete the educational training | ||||||
20 | required by his or her sentence during the term of | ||||||
21 | incarceration, the Prisoner Review Board shall, as a condition | ||||||
22 | of mandatory supervised release, require the defendant, at his | ||||||
23 | or her own expense, to pursue a course of study toward a high | ||||||
24 | school diploma or passage of high school equivalency testing. | ||||||
25 | The Prisoner Review Board shall revoke the mandatory | ||||||
26 | supervised release of a defendant who wilfully fails to comply |
| |||||||
| |||||||
1 | with this subsection (j-5) upon his or her release from | ||||||
2 | confinement in a penal institution while serving a mandatory | ||||||
3 | supervised release term; however, the inability of the | ||||||
4 | defendant after making a good faith effort to obtain financial | ||||||
5 | aid or pay for the educational training shall not be deemed a | ||||||
6 | wilful failure to comply. The Prisoner Review Board shall | ||||||
7 | recommit the defendant whose mandatory supervised release term | ||||||
8 | has been revoked under this subsection (j-5) as provided in | ||||||
9 | Section 3-3-9. This subsection (j-5) does not apply to a | ||||||
10 | defendant who has a high school diploma or has successfully | ||||||
11 | passed high school equivalency testing. This subsection (j-5) | ||||||
12 | does not apply to a defendant who is determined by the court to | ||||||
13 | be a person with a developmental disability or otherwise | ||||||
14 | mentally incapable of completing the educational or vocational | ||||||
15 | program. | ||||||
16 | (k) (Blank). | ||||||
17 | (l)(A) Except as provided in paragraph (C) of subsection | ||||||
18 | (l), whenever a defendant, who is not a citizen or national of | ||||||
19 | the United States, is convicted of any felony or misdemeanor | ||||||
20 | offense, the court after sentencing the defendant may, upon | ||||||
21 | motion of the State's Attorney, hold sentence in abeyance and | ||||||
22 | remand the defendant to the custody of the Attorney General of | ||||||
23 | the United States or his or her designated agent to be deported | ||||||
24 | when: | ||||||
25 | (1) a final order of deportation has been issued | ||||||
26 | against the defendant pursuant to proceedings under the |
| |||||||
| |||||||
1 | Immigration and Nationality Act, and | ||||||
2 | (2) the deportation of the defendant would not | ||||||
3 | deprecate the seriousness of the defendant's conduct and | ||||||
4 | would not be inconsistent with the ends of justice. | ||||||
5 | Otherwise, the defendant shall be sentenced as provided in | ||||||
6 | this Chapter V. | ||||||
7 | (B) If the defendant has already been sentenced for a | ||||||
8 | felony or misdemeanor offense, or has been placed on probation | ||||||
9 | under Section 10 of the Cannabis Control Act, Section 410 of | ||||||
10 | the Illinois Controlled Substances Act, or Section 70 of the | ||||||
11 | Methamphetamine Control and Community Protection Act, the | ||||||
12 | court may, upon motion of the State's Attorney to suspend the | ||||||
13 | sentence imposed, commit the defendant to the custody of the | ||||||
14 | Attorney General of the United States or his or her designated | ||||||
15 | agent when: | ||||||
16 | (1) a final order of deportation has been issued | ||||||
17 | against the defendant pursuant to proceedings under the | ||||||
18 | Immigration and Nationality Act, and | ||||||
19 | (2) the deportation of the defendant would not | ||||||
20 | deprecate the seriousness of the defendant's conduct and | ||||||
21 | would not be inconsistent with the ends of justice. | ||||||
22 | (C) This subsection (l) does not apply to offenders who | ||||||
23 | are subject to the provisions of paragraph (2) of subsection | ||||||
24 | (a) of Section 3-6-3. | ||||||
25 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
26 | sentenced under this Section returns to the jurisdiction of |
| |||||||
| |||||||
1 | the United States, the defendant shall be recommitted to the | ||||||
2 | custody of the county from which he or she was sentenced. | ||||||
3 | Thereafter, the defendant shall be brought before the | ||||||
4 | sentencing court, which may impose any sentence that was | ||||||
5 | available under Section 5-5-3 at the time of initial | ||||||
6 | sentencing. In addition, the defendant shall not be eligible | ||||||
7 | for additional earned sentence credit as provided under | ||||||
8 | Section 3-6-3. | ||||||
9 | (m) A person convicted of criminal defacement of property | ||||||
10 | under Section 21-1.3 of the Criminal Code of 1961 or the | ||||||
11 | Criminal Code of 2012, in which the property damage exceeds | ||||||
12 | $300 and the property damaged is a school building, shall be | ||||||
13 | ordered to perform community service that may include cleanup, | ||||||
14 | removal, or painting over the defacement. | ||||||
15 | (n) The court may sentence a person convicted of a | ||||||
16 | violation of Section 12-19, 12-21, 16-1.3, or 17-56, or | ||||||
17 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
18 | of 1961 or the Criminal Code of 2012 (i) to an impact | ||||||
19 | incarceration program if the person is otherwise eligible for | ||||||
20 | that program under Section 5-8-1.1, (ii) to community service, | ||||||
21 | or (iii) if the person has a substance use disorder, as defined | ||||||
22 | in the Substance Use Disorder Act, to a treatment program | ||||||
23 | licensed under that Act. | ||||||
24 | (o) Whenever a person is convicted of a sex offense as | ||||||
25 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
26 | defendant's driver's license or permit shall be subject to |
| |||||||
| |||||||
1 | renewal on an annual basis in accordance with the provisions | ||||||
2 | of license renewal established by the Secretary of State. | ||||||
3 | (Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22; | ||||||
4 | 102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff. | ||||||
5 | 1-1-24 .)
| ||||||
6 | (730 ILCS 5/5-5-3.2) | ||||||
7 | Sec. 5-5-3.2. Factors in aggravation and extended-term | ||||||
8 | sentencing. | ||||||
9 | (a) The following factors shall be accorded weight in | ||||||
10 | favor of imposing a term of imprisonment or may be considered | ||||||
11 | by the court as reasons to impose a more severe sentence under | ||||||
12 | Section 5-8-1 or Article 4.5 of Chapter V: | ||||||
13 | (1) the defendant's conduct caused or threatened | ||||||
14 | serious harm; | ||||||
15 | (2) the defendant received compensation for committing | ||||||
16 | the offense; | ||||||
17 | (3) the defendant has a history of prior delinquency | ||||||
18 | or criminal activity; | ||||||
19 | (4) the defendant, by the duties of his office or by | ||||||
20 | his position, was obliged to prevent the particular | ||||||
21 | offense committed or to bring the offenders committing it | ||||||
22 | to justice; | ||||||
23 | (5) the defendant held public office at the time of | ||||||
24 | the offense, and the offense related to the conduct of | ||||||
25 | that office; |
| |||||||
| |||||||
1 | (6) the defendant utilized his professional reputation | ||||||
2 | or position in the community to commit the offense, or to | ||||||
3 | afford him an easier means of committing it; | ||||||
4 | (7) the sentence is necessary to deter others from | ||||||
5 | committing the same crime; | ||||||
6 | (8) the defendant committed the offense against a | ||||||
7 | person 60 years of age or older or such person's property; | ||||||
8 | (9) the defendant committed the offense against a | ||||||
9 | person who has a physical disability or such person's | ||||||
10 | property; | ||||||
11 | (10) by reason of another individual's actual or | ||||||
12 | perceived race, color, creed, religion, ancestry, gender, | ||||||
13 | sexual orientation, physical or mental disability, or | ||||||
14 | national origin, the defendant committed the offense | ||||||
15 | against (i) the person or property of that individual; | ||||||
16 | (ii) the person or property of a person who has an | ||||||
17 | association with, is married to, or has a friendship with | ||||||
18 | the other individual; or (iii) the person or property of a | ||||||
19 | relative (by blood or marriage) of a person described in | ||||||
20 | clause (i) or (ii). For the purposes of this Section, | ||||||
21 | "sexual orientation" has the meaning ascribed to it in | ||||||
22 | paragraph (O-1) of Section 1-103 of the Illinois Human | ||||||
23 | Rights Act; | ||||||
24 | (11) the offense took place in a place of worship or on | ||||||
25 | the grounds of a place of worship, immediately prior to, | ||||||
26 | during or immediately following worship services. For |
| |||||||
| |||||||
1 | purposes of this subparagraph, "place of worship" shall | ||||||
2 | mean any church, synagogue or other building, structure or | ||||||
3 | place used primarily for religious worship; | ||||||
4 | (12) the defendant was convicted of a felony committed | ||||||
5 | while he was on pretrial release or his own recognizance | ||||||
6 | pending trial for a prior felony and was convicted of such | ||||||
7 | prior felony, or the defendant was convicted of a felony | ||||||
8 | committed while he was serving a period of probation, | ||||||
9 | conditional discharge, or mandatory supervised release | ||||||
10 | under subsection (d) of Section 5-8-1 for a prior felony; | ||||||
11 | (13) the defendant committed or attempted to commit a | ||||||
12 | felony while he was wearing a bulletproof vest. For the | ||||||
13 | purposes of this paragraph (13), a bulletproof vest is any | ||||||
14 | device which is designed for the purpose of protecting the | ||||||
15 | wearer from bullets, shot or other lethal projectiles; | ||||||
16 | (14) the defendant held a position of trust or | ||||||
17 | supervision such as, but not limited to, family member as | ||||||
18 | defined in Section 11-0.1 of the Criminal Code of 2012, | ||||||
19 | teacher, scout leader, baby sitter, or day care worker, in | ||||||
20 | relation to a victim under 18 years of age, and the | ||||||
21 | defendant committed an offense in violation of Section | ||||||
22 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
23 | 11-14.4 except for an offense that involves keeping a | ||||||
24 | place of commercial sexual exploitation of a child | ||||||
25 | juvenile prostitution , 11-15.1, 11-19.1, 11-19.2, 11-20.1, | ||||||
26 | 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 or 12-16 |
| |||||||
| |||||||
1 | of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
2 | against that victim; | ||||||
3 | (15) the defendant committed an offense related to the | ||||||
4 | activities of an organized gang. For the purposes of this | ||||||
5 | factor, "organized gang" has the meaning ascribed to it in | ||||||
6 | Section 10 of the Streetgang Terrorism Omnibus Prevention | ||||||
7 | Act; | ||||||
8 | (16) the defendant committed an offense in violation | ||||||
9 | of one of the following Sections while in a school, | ||||||
10 | regardless of the time of day or time of year; on any | ||||||
11 | conveyance owned, leased, or contracted by a school to | ||||||
12 | transport students to or from school or a school related | ||||||
13 | activity; on the real property of a school; or on a public | ||||||
14 | way within 1,000 feet of the real property comprising any | ||||||
15 | school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, | ||||||
16 | 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, | ||||||
17 | 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, | ||||||
18 | 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, | ||||||
19 | 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except | ||||||
20 | for subdivision (a)(4) or (g)(1), of the Criminal Code of | ||||||
21 | 1961 or the Criminal Code of 2012; | ||||||
22 | (16.5) the defendant committed an offense in violation | ||||||
23 | of one of the following Sections while in a day care | ||||||
24 | center, regardless of the time of day or time of year; on | ||||||
25 | the real property of a day care center, regardless of the | ||||||
26 | time of day or time of year; or on a public way within |
| |||||||
| |||||||
1 | 1,000 feet of the real property comprising any day care | ||||||
2 | center, regardless of the time of day or time of year: | ||||||
3 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
4 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
5 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
6 | 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
7 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
8 | (a)(4) or (g)(1), of the Criminal Code of 1961 or the | ||||||
9 | Criminal Code of 2012; | ||||||
10 | (17) the defendant committed the offense by reason of | ||||||
11 | any person's activity as a community policing volunteer or | ||||||
12 | to prevent any person from engaging in activity as a | ||||||
13 | community policing volunteer. For the purpose of this | ||||||
14 | Section, "community policing volunteer" has the meaning | ||||||
15 | ascribed to it in Section 2-3.5 of the Criminal Code of | ||||||
16 | 2012; | ||||||
17 | (18) the defendant committed the offense in a nursing | ||||||
18 | home or on the real property comprising a nursing home. | ||||||
19 | For the purposes of this paragraph (18), "nursing home" | ||||||
20 | means a skilled nursing or intermediate long term care | ||||||
21 | facility that is subject to license by the Illinois | ||||||
22 | Department of Public Health under the Nursing Home Care | ||||||
23 | Act, the Specialized Mental Health Rehabilitation Act of | ||||||
24 | 2013, the ID/DD Community Care Act, or the MC/DD Act; | ||||||
25 | (19) the defendant was a federally licensed firearm | ||||||
26 | dealer and was previously convicted of a violation of |
| |||||||
| |||||||
1 | subsection (a) of Section 3 of the Firearm Owners | ||||||
2 | Identification Card Act and has now committed either a | ||||||
3 | felony violation of the Firearm Owners Identification Card | ||||||
4 | Act or an act of armed violence while armed with a firearm; | ||||||
5 | (20) the defendant (i) committed the offense of | ||||||
6 | reckless homicide under Section 9-3 of the Criminal Code | ||||||
7 | of 1961 or the Criminal Code of 2012 or the offense of | ||||||
8 | driving under the influence of alcohol, other drug or | ||||||
9 | drugs, intoxicating compound or compounds or any | ||||||
10 | combination thereof under Section 11-501 of the Illinois | ||||||
11 | Vehicle Code or a similar provision of a local ordinance | ||||||
12 | and (ii) was operating a motor vehicle in excess of 20 | ||||||
13 | miles per hour over the posted speed limit as provided in | ||||||
14 | Article VI of Chapter 11 of the Illinois Vehicle Code; | ||||||
15 | (21) the defendant (i) committed the offense of | ||||||
16 | reckless driving or aggravated reckless driving under | ||||||
17 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
18 | operating a motor vehicle in excess of 20 miles per hour | ||||||
19 | over the posted speed limit as provided in Article VI of | ||||||
20 | Chapter 11 of the Illinois Vehicle Code; | ||||||
21 | (22) the defendant committed the offense against a | ||||||
22 | person that the defendant knew, or reasonably should have | ||||||
23 | known, was a member of the Armed Forces of the United | ||||||
24 | States serving on active duty. For purposes of this clause | ||||||
25 | (22), the term "Armed Forces" means any of the Armed | ||||||
26 | Forces of the United States, including a member of any |
| |||||||
| |||||||
1 | reserve component thereof or National Guard unit called to | ||||||
2 | active duty; | ||||||
3 | (23) the defendant committed the offense against a | ||||||
4 | person who was elderly or infirm or who was a person with a | ||||||
5 | disability by taking advantage of a family or fiduciary | ||||||
6 | relationship with the elderly or infirm person or person | ||||||
7 | with a disability; | ||||||
8 | (24) the defendant committed any offense under Section | ||||||
9 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
10 | of 2012 and possessed 100 or more images; | ||||||
11 | (25) the defendant committed the offense while the | ||||||
12 | defendant or the victim was in a train, bus, or other | ||||||
13 | vehicle used for public transportation; | ||||||
14 | (26) the defendant committed the offense of child | ||||||
15 | pornography or aggravated child pornography, specifically | ||||||
16 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
17 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
18 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
19 | solicited for, depicted in, or posed in any act of sexual | ||||||
20 | penetration or bound, fettered, or subject to sadistic, | ||||||
21 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
22 | and specifically including paragraph (1), (2), (3), (4), | ||||||
23 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
24 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
25 | engaged in, solicited for, depicted in, or posed in any | ||||||
26 | act of sexual penetration or bound, fettered, or subject |
| |||||||
| |||||||
1 | to sadistic, masochistic, or sadomasochistic abuse in a | ||||||
2 | sexual context; | ||||||
3 | (27) the defendant committed the offense of first | ||||||
4 | degree murder, assault, aggravated assault, battery, | ||||||
5 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
6 | robbery against a person who was a veteran and the | ||||||
7 | defendant knew, or reasonably should have known, that the | ||||||
8 | person was a veteran performing duties as a representative | ||||||
9 | of a veterans' organization. For the purposes of this | ||||||
10 | paragraph (27), "veteran" means an Illinois resident who | ||||||
11 | has served as a member of the United States Armed Forces, a | ||||||
12 | member of the Illinois National Guard, or a member of the | ||||||
13 | United States Reserve Forces; and "veterans' organization" | ||||||
14 | means an organization comprised of members of which | ||||||
15 | substantially all are individuals who are veterans or | ||||||
16 | spouses, widows, or widowers of veterans, the primary | ||||||
17 | purpose of which is to promote the welfare of its members | ||||||
18 | and to provide assistance to the general public in such a | ||||||
19 | way as to confer a public benefit; | ||||||
20 | (28) the defendant committed the offense of assault, | ||||||
21 | aggravated assault, battery, aggravated battery, robbery, | ||||||
22 | armed robbery, or aggravated robbery against a person that | ||||||
23 | the defendant knew or reasonably should have known was a | ||||||
24 | letter carrier or postal worker while that person was | ||||||
25 | performing his or her duties delivering mail for the | ||||||
26 | United States Postal Service; |
| |||||||
| |||||||
1 | (29) the defendant committed the offense of criminal | ||||||
2 | sexual assault, aggravated criminal sexual assault, | ||||||
3 | criminal sexual abuse, or aggravated criminal sexual abuse | ||||||
4 | against a victim with an intellectual disability, and the | ||||||
5 | defendant holds a position of trust, authority, or | ||||||
6 | supervision in relation to the victim; | ||||||
7 | (30) the defendant committed the offense of promoting | ||||||
8 | commercial sexual exploitation of a child juvenile | ||||||
9 | prostitution , patronizing a person engaged in the sex | ||||||
10 | trade prostitute , or patronizing a sexually exploited | ||||||
11 | child minor engaged in prostitution and at the time of the | ||||||
12 | commission of the offense knew that the person engaged in | ||||||
13 | the sex trade prostitute or sexually exploited child minor | ||||||
14 | engaged in prostitution was in the custody or guardianship | ||||||
15 | of the Department of Children and Family Services; | ||||||
16 | (31) the defendant (i) committed the offense of | ||||||
17 | driving while under the influence of alcohol, other drug | ||||||
18 | or drugs, intoxicating compound or compounds or any | ||||||
19 | combination thereof in violation of Section 11-501 of the | ||||||
20 | Illinois Vehicle Code or a similar provision of a local | ||||||
21 | ordinance and (ii) the defendant during the commission of | ||||||
22 | the offense was driving his or her vehicle upon a roadway | ||||||
23 | designated for one-way traffic in the opposite direction | ||||||
24 | of the direction indicated by official traffic control | ||||||
25 | devices; | ||||||
26 | (32) the defendant committed the offense of reckless |
| |||||||
| |||||||
1 | homicide while committing a violation of Section 11-907 of | ||||||
2 | the Illinois Vehicle Code; | ||||||
3 | (33) the defendant was found guilty of an | ||||||
4 | administrative infraction related to an act or acts of | ||||||
5 | public indecency or sexual misconduct in the penal | ||||||
6 | institution. In this paragraph (33), "penal institution" | ||||||
7 | has the same meaning as in Section 2-14 of the Criminal | ||||||
8 | Code of 2012; or | ||||||
9 | (34) the defendant committed the offense of leaving | ||||||
10 | the scene of a crash in violation of subsection (b) of | ||||||
11 | Section 11-401 of the Illinois Vehicle Code and the crash | ||||||
12 | resulted in the death of a person and at the time of the | ||||||
13 | offense, the defendant was: (i) driving under the | ||||||
14 | influence of alcohol, other drug or drugs, intoxicating | ||||||
15 | compound or compounds or any combination thereof as | ||||||
16 | defined by Section 11-501 of the Illinois Vehicle Code; or | ||||||
17 | (ii) operating the motor vehicle while using an electronic | ||||||
18 | communication device as defined in Section 12-610.2 of the | ||||||
19 | Illinois Vehicle Code. | ||||||
20 | For the purposes of this Section: | ||||||
21 | "School" is defined as a public or private elementary or | ||||||
22 | secondary school, community college, college, or university. | ||||||
23 | "Day care center" means a public or private State | ||||||
24 | certified and licensed day care center as defined in Section | ||||||
25 | 2.09 of the Child Care Act of 1969 that displays a sign in | ||||||
26 | plain view stating that the property is a day care center. |
| |||||||
| |||||||
1 | "Intellectual disability" means significantly subaverage | ||||||
2 | intellectual functioning which exists concurrently with | ||||||
3 | impairment in adaptive behavior. | ||||||
4 | "Public transportation" means the transportation or | ||||||
5 | conveyance of persons by means available to the general | ||||||
6 | public, and includes paratransit services. | ||||||
7 | "Traffic control devices" means all signs, signals, | ||||||
8 | markings, and devices that conform to the Illinois Manual on | ||||||
9 | Uniform Traffic Control Devices, placed or erected by | ||||||
10 | authority of a public body or official having jurisdiction, | ||||||
11 | for the purpose of regulating, warning, or guiding traffic. | ||||||
12 | (b) The following factors, related to all felonies, may be | ||||||
13 | considered by the court as reasons to impose an extended term | ||||||
14 | sentence under Section 5-8-2 upon any offender: | ||||||
15 | (1) When a defendant is convicted of any felony, after | ||||||
16 | having been previously convicted in Illinois or any other | ||||||
17 | jurisdiction of the same or similar class felony or | ||||||
18 | greater class felony, when such conviction has occurred | ||||||
19 | within 10 years after the previous conviction, excluding | ||||||
20 | time spent in custody, and such charges are separately | ||||||
21 | brought and tried and arise out of different series of | ||||||
22 | acts; or | ||||||
23 | (2) When a defendant is convicted of any felony and | ||||||
24 | the court finds that the offense was accompanied by | ||||||
25 | exceptionally brutal or heinous behavior indicative of | ||||||
26 | wanton cruelty; or |
| |||||||
| |||||||
1 | (3) When a defendant is convicted of any felony | ||||||
2 | committed against: | ||||||
3 | (i) a person under 12 years of age at the time of | ||||||
4 | the offense or such person's property; | ||||||
5 | (ii) a person 60 years of age or older at the time | ||||||
6 | of the offense or such person's property; or | ||||||
7 | (iii) a person who had a physical disability at | ||||||
8 | the time of the offense or such person's property; or | ||||||
9 | (4) When a defendant is convicted of any felony and | ||||||
10 | the offense involved any of the following types of | ||||||
11 | specific misconduct committed as part of a ceremony, rite, | ||||||
12 | initiation, observance, performance, practice or activity | ||||||
13 | of any actual or ostensible religious, fraternal, or | ||||||
14 | social group: | ||||||
15 | (i) the brutalizing or torturing of humans or | ||||||
16 | animals; | ||||||
17 | (ii) the theft of human corpses; | ||||||
18 | (iii) the kidnapping of humans; | ||||||
19 | (iv) the desecration of any cemetery, religious, | ||||||
20 | fraternal, business, governmental, educational, or | ||||||
21 | other building or property; or | ||||||
22 | (v) ritualized abuse of a child; or | ||||||
23 | (5) When a defendant is convicted of a felony other | ||||||
24 | than conspiracy and the court finds that the felony was | ||||||
25 | committed under an agreement with 2 or more other persons | ||||||
26 | to commit that offense and the defendant, with respect to |
| |||||||
| |||||||
1 | the other individuals, occupied a position of organizer, | ||||||
2 | supervisor, financier, or any other position of management | ||||||
3 | or leadership, and the court further finds that the felony | ||||||
4 | committed was related to or in furtherance of the criminal | ||||||
5 | activities of an organized gang or was motivated by the | ||||||
6 | defendant's leadership in an organized gang; or | ||||||
7 | (6) When a defendant is convicted of an offense | ||||||
8 | committed while using a firearm with a laser sight | ||||||
9 | attached to it. For purposes of this paragraph, "laser | ||||||
10 | sight" has the meaning ascribed to it in Section 26-7 of | ||||||
11 | the Criminal Code of 2012; or | ||||||
12 | (7) When a defendant who was at least 17 years of age | ||||||
13 | at the time of the commission of the offense is convicted | ||||||
14 | of a felony and has been previously adjudicated a | ||||||
15 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
16 | an act that if committed by an adult would be a Class X or | ||||||
17 | Class 1 felony when the conviction has occurred within 10 | ||||||
18 | years after the previous adjudication, excluding time | ||||||
19 | spent in custody; or | ||||||
20 | (8) When a defendant commits any felony and the | ||||||
21 | defendant used, possessed, exercised control over, or | ||||||
22 | otherwise directed an animal to assault a law enforcement | ||||||
23 | officer engaged in the execution of his or her official | ||||||
24 | duties or in furtherance of the criminal activities of an | ||||||
25 | organized gang in which the defendant is engaged; or | ||||||
26 | (9) When a defendant commits any felony and the |
| |||||||
| |||||||
1 | defendant knowingly video or audio records the offense | ||||||
2 | with the intent to disseminate the recording. | ||||||
3 | (c) The following factors may be considered by the court | ||||||
4 | as reasons to impose an extended term sentence under Section | ||||||
5 | 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed | ||||||
6 | offenses: | ||||||
7 | (1) When a defendant is convicted of first degree | ||||||
8 | murder, after having been previously convicted in Illinois | ||||||
9 | of any offense listed under paragraph (c)(2) of Section | ||||||
10 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has | ||||||
11 | occurred within 10 years after the previous conviction, | ||||||
12 | excluding time spent in custody, and the charges are | ||||||
13 | separately brought and tried and arise out of different | ||||||
14 | series of acts. | ||||||
15 | (1.5) When a defendant is convicted of first degree | ||||||
16 | murder, after having been previously convicted of domestic | ||||||
17 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
18 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
19 | having been previously convicted of violation of an order | ||||||
20 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
21 | was the protected person. | ||||||
22 | (2) When a defendant is convicted of voluntary | ||||||
23 | manslaughter, second degree murder, involuntary | ||||||
24 | manslaughter, or reckless homicide in which the defendant | ||||||
25 | has been convicted of causing the death of more than one | ||||||
26 | individual. |
| |||||||
| |||||||
1 | (3) When a defendant is convicted of aggravated | ||||||
2 | criminal sexual assault or criminal sexual assault, when | ||||||
3 | there is a finding that aggravated criminal sexual assault | ||||||
4 | or criminal sexual assault was also committed on the same | ||||||
5 | victim by one or more other individuals, and the defendant | ||||||
6 | voluntarily participated in the crime with the knowledge | ||||||
7 | of the participation of the others in the crime, and the | ||||||
8 | commission of the crime was part of a single course of | ||||||
9 | conduct during which there was no substantial change in | ||||||
10 | the nature of the criminal objective. | ||||||
11 | (4) If the victim was under 18 years of age at the time | ||||||
12 | of the commission of the offense, when a defendant is | ||||||
13 | convicted of aggravated criminal sexual assault or | ||||||
14 | predatory criminal sexual assault of a child under | ||||||
15 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
16 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
17 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
18 | (5) When a defendant is convicted of a felony | ||||||
19 | violation of Section 24-1 of the Criminal Code of 1961 or | ||||||
20 | the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
21 | finding that the defendant is a member of an organized | ||||||
22 | gang. | ||||||
23 | (6) When a defendant was convicted of unlawful use of | ||||||
24 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
25 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
26 | a weapon that is not readily distinguishable as one of the |
| |||||||
| |||||||
1 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
2 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
3 | (7) When a defendant is convicted of an offense | ||||||
4 | involving the illegal manufacture of a controlled | ||||||
5 | substance under Section 401 of the Illinois Controlled | ||||||
6 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
7 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
8 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
9 | the illegal possession of explosives and an emergency | ||||||
10 | response officer in the performance of his or her duties | ||||||
11 | is killed or injured at the scene of the offense while | ||||||
12 | responding to the emergency caused by the commission of | ||||||
13 | the offense. In this paragraph, "emergency" means a | ||||||
14 | situation in which a person's life, health, or safety is | ||||||
15 | in jeopardy; and "emergency response officer" means a | ||||||
16 | peace officer, community policing volunteer, fireman, | ||||||
17 | emergency medical technician-ambulance, emergency medical | ||||||
18 | technician-intermediate, emergency medical | ||||||
19 | technician-paramedic, ambulance driver, other medical | ||||||
20 | assistance or first aid personnel, or hospital emergency | ||||||
21 | room personnel. | ||||||
22 | (8) When the defendant is convicted of attempted mob | ||||||
23 | action, solicitation to commit mob action, or conspiracy | ||||||
24 | to commit mob action under Section 8-1, 8-2, or 8-4 of the | ||||||
25 | Criminal Code of 2012, where the criminal object is a | ||||||
26 | violation of Section 25-1 of the Criminal Code of 2012, |
| |||||||
| |||||||
1 | and an electronic communication is used in the commission | ||||||
2 | of the offense. For the purposes of this paragraph (8), | ||||||
3 | "electronic communication" shall have the meaning provided | ||||||
4 | in Section 26.5-0.1 of the Criminal Code of 2012. | ||||||
5 | (d) For the purposes of this Section, "organized gang" has | ||||||
6 | the meaning ascribed to it in Section 10 of the Illinois | ||||||
7 | Streetgang Terrorism Omnibus Prevention Act. | ||||||
8 | (e) The court may impose an extended term sentence under | ||||||
9 | Article 4.5 of Chapter V upon an offender who has been | ||||||
10 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
11 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
12 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
13 | when the victim of the offense is under 18 years of age at the | ||||||
14 | time of the commission of the offense and, during the | ||||||
15 | commission of the offense, the victim was under the influence | ||||||
16 | of alcohol, regardless of whether or not the alcohol was | ||||||
17 | supplied by the offender; and the offender, at the time of the | ||||||
18 | commission of the offense, knew or should have known that the | ||||||
19 | victim had consumed alcohol. | ||||||
20 | (Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; | ||||||
21 | 101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. | ||||||
22 | 8-20-21; 102-982, eff. 7-1-23 .)
| ||||||
23 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | ||||||
24 | Sec. 5-6-3. Conditions of probation and of conditional | ||||||
25 | discharge. |
| |||||||
| |||||||
1 | (a) The conditions of probation and of conditional | ||||||
2 | discharge shall be that the person: | ||||||
3 | (1) not violate any criminal statute of any | ||||||
4 | jurisdiction; | ||||||
5 | (2) report to or appear in person before such person | ||||||
6 | or agency as directed by the court. To comply with the | ||||||
7 | provisions of this paragraph (2), in lieu of requiring the | ||||||
8 | person on probation or conditional discharge to appear in | ||||||
9 | person for the required reporting or meetings, the officer | ||||||
10 | may utilize technology, including cellular and other | ||||||
11 | electronic communication devices or platforms, that allow | ||||||
12 | for communication between the supervised person and the | ||||||
13 | officer in accordance with standards and guidelines | ||||||
14 | established by the Administrative Office of the Illinois | ||||||
15 | Courts; | ||||||
16 | (3) refrain from possessing a firearm or other | ||||||
17 | dangerous weapon where the offense is a felony or, if a | ||||||
18 | misdemeanor, the offense involved the intentional or | ||||||
19 | knowing infliction of bodily harm or threat of bodily | ||||||
20 | harm; | ||||||
21 | (4) not leave the State without the consent of the | ||||||
22 | court or, in circumstances in which the reason for the | ||||||
23 | absence is of such an emergency nature that prior consent | ||||||
24 | by the court is not possible, without the prior | ||||||
25 | notification and approval of the person's probation | ||||||
26 | officer. Transfer of a person's probation or conditional |
| |||||||
| |||||||
1 | discharge supervision to another state is subject to | ||||||
2 | acceptance by the other state pursuant to the Interstate | ||||||
3 | Compact for Adult Offender Supervision; | ||||||
4 | (5) permit the probation officer to visit him at his | ||||||
5 | home or elsewhere to the extent necessary to discharge his | ||||||
6 | duties; | ||||||
7 | (6) perform no less than 30 hours of community service | ||||||
8 | and not more than 120 hours of community service, if | ||||||
9 | community service is available in the jurisdiction and is | ||||||
10 | funded and approved by the county board where the offense | ||||||
11 | was committed, where the offense was related to or in | ||||||
12 | furtherance of the criminal activities of an organized | ||||||
13 | gang and was motivated by the offender's membership in or | ||||||
14 | allegiance to an organized gang. The community service | ||||||
15 | shall include, but not be limited to, the cleanup and | ||||||
16 | repair of any damage caused by a violation of Section | ||||||
17 | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | ||||||
18 | 2012 and similar damage to property located within the | ||||||
19 | municipality or county in which the violation occurred. | ||||||
20 | When possible and reasonable, the community service should | ||||||
21 | be performed in the offender's neighborhood. For purposes | ||||||
22 | of this Section, "organized gang" has the meaning ascribed | ||||||
23 | to it in Section 10 of the Illinois Streetgang Terrorism | ||||||
24 | Omnibus Prevention Act. The court may give credit toward | ||||||
25 | the fulfillment of community service hours for | ||||||
26 | participation in activities and treatment as determined by |
| |||||||
| |||||||
1 | court services. Community service shall not interfere with | ||||||
2 | the school hours, school-related activities, or work | ||||||
3 | commitments of the minor or the minor's parent, guardian, | ||||||
4 | or legal custodian; | ||||||
5 | (7) if he or she is at least 17 years of age and has | ||||||
6 | been sentenced to probation or conditional discharge for a | ||||||
7 | misdemeanor or felony in a county of 3,000,000 or more | ||||||
8 | inhabitants and has not been previously convicted of a | ||||||
9 | misdemeanor or felony, may be required by the sentencing | ||||||
10 | court to attend educational courses designed to prepare | ||||||
11 | the defendant for a high school diploma and to work toward | ||||||
12 | a high school diploma or to work toward passing high | ||||||
13 | school equivalency testing or to work toward completing a | ||||||
14 | vocational training program approved by the court. The | ||||||
15 | person on probation or conditional discharge must attend a | ||||||
16 | public institution of education to obtain the educational | ||||||
17 | or vocational training required by this paragraph (7). The | ||||||
18 | court shall revoke the probation or conditional discharge | ||||||
19 | of a person who willfully fails to comply with this | ||||||
20 | paragraph (7). The person on probation or conditional | ||||||
21 | discharge shall be required to pay for the cost of the | ||||||
22 | educational courses or high school equivalency testing if | ||||||
23 | a fee is charged for those courses or testing. The court | ||||||
24 | shall resentence the offender whose probation or | ||||||
25 | conditional discharge has been revoked as provided in | ||||||
26 | Section 5-6-4. This paragraph (7) does not apply to a |
| |||||||
| |||||||
1 | person who has a high school diploma or has successfully | ||||||
2 | passed high school equivalency testing. This paragraph (7) | ||||||
3 | does not apply to a person who is determined by the court | ||||||
4 | to be a person with a developmental disability or | ||||||
5 | otherwise mentally incapable of completing the educational | ||||||
6 | or vocational program; | ||||||
7 | (8) if convicted of possession of a substance | ||||||
8 | prohibited by the Cannabis Control Act, the Illinois | ||||||
9 | Controlled Substances Act, or the Methamphetamine Control | ||||||
10 | and Community Protection Act after a previous conviction | ||||||
11 | or disposition of supervision for possession of a | ||||||
12 | substance prohibited by the Cannabis Control Act or | ||||||
13 | Illinois Controlled Substances Act or after a sentence of | ||||||
14 | probation under Section 10 of the Cannabis Control Act, | ||||||
15 | Section 410 of the Illinois Controlled Substances Act, or | ||||||
16 | Section 70 of the Methamphetamine Control and Community | ||||||
17 | Protection Act and upon a finding by the court that the | ||||||
18 | person is addicted, undergo treatment at a substance abuse | ||||||
19 | program approved by the court; | ||||||
20 | (8.5) if convicted of a felony sex offense as defined | ||||||
21 | in the Sex Offender Management Board Act, the person shall | ||||||
22 | undergo and successfully complete sex offender treatment | ||||||
23 | by a treatment provider approved by the Board and | ||||||
24 | conducted in conformance with the standards developed | ||||||
25 | under the Sex Offender Management Board Act; | ||||||
26 | (8.6) if convicted of a sex offense as defined in the |
| |||||||
| |||||||
1 | Sex Offender Management Board Act, refrain from residing | ||||||
2 | at the same address or in the same condominium unit or | ||||||
3 | apartment unit or in the same condominium complex or | ||||||
4 | apartment complex with another person he or she knows or | ||||||
5 | reasonably should know is a convicted sex offender or has | ||||||
6 | been placed on supervision for a sex offense; the | ||||||
7 | provisions of this paragraph do not apply to a person | ||||||
8 | convicted of a sex offense who is placed in a Department of | ||||||
9 | Corrections licensed transitional housing facility for sex | ||||||
10 | offenders; | ||||||
11 | (8.7) if convicted for an offense committed on or | ||||||
12 | after June 1, 2008 (the effective date of Public Act | ||||||
13 | 95-464) that would qualify the accused as a child sex | ||||||
14 | offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
15 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
16 | refrain from communicating with or contacting, by means of | ||||||
17 | the Internet, a person who is not related to the accused | ||||||
18 | and whom the accused reasonably believes to be under 18 | ||||||
19 | years of age; for purposes of this paragraph (8.7), | ||||||
20 | "Internet" has the meaning ascribed to it in Section | ||||||
21 | 16-0.1 of the Criminal Code of 2012; and a person is not | ||||||
22 | related to the accused if the person is not: (i) the | ||||||
23 | spouse, brother, or sister of the accused; (ii) a | ||||||
24 | descendant of the accused; (iii) a first or second cousin | ||||||
25 | of the accused; or (iv) a step-child or adopted child of | ||||||
26 | the accused; |
| |||||||
| |||||||
1 | (8.8) if convicted for an offense under Section 11-6, | ||||||
2 | 11-9.1, 11-14.4 that involves soliciting for a sexually | ||||||
3 | exploited child juvenile prostitute , 11-15.1, 11-20.1, | ||||||
4 | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 | ||||||
5 | or the Criminal Code of 2012, or any attempt to commit any | ||||||
6 | of these offenses, committed on or after June 1, 2009 (the | ||||||
7 | effective date of Public Act 95-983): | ||||||
8 | (i) not access or use a computer or any other | ||||||
9 | device with Internet capability without the prior | ||||||
10 | written approval of the offender's probation officer, | ||||||
11 | except in connection with the offender's employment or | ||||||
12 | search for employment with the prior approval of the | ||||||
13 | offender's probation officer; | ||||||
14 | (ii) submit to periodic unannounced examinations | ||||||
15 | of the offender's computer or any other device with | ||||||
16 | Internet capability by the offender's probation | ||||||
17 | officer, a law enforcement officer, or assigned | ||||||
18 | computer or information technology specialist, | ||||||
19 | including the retrieval and copying of all data from | ||||||
20 | the computer or device and any internal or external | ||||||
21 | peripherals and removal of such information, | ||||||
22 | equipment, or device to conduct a more thorough | ||||||
23 | inspection; | ||||||
24 | (iii) submit to the installation on the offender's | ||||||
25 | computer or device with Internet capability, at the | ||||||
26 | offender's expense, of one or more hardware or |
| |||||||
| |||||||
1 | software systems to monitor the Internet use; and | ||||||
2 | (iv) submit to any other appropriate restrictions | ||||||
3 | concerning the offender's use of or access to a | ||||||
4 | computer or any other device with Internet capability | ||||||
5 | imposed by the offender's probation officer; | ||||||
6 | (8.9) if convicted of a sex offense as defined in the | ||||||
7 | Sex Offender Registration Act committed on or after | ||||||
8 | January 1, 2010 (the effective date of Public Act 96-262), | ||||||
9 | refrain from accessing or using a social networking | ||||||
10 | website as defined in Section 17-0.5 of the Criminal Code | ||||||
11 | of 2012; | ||||||
12 | (9) if convicted of a felony or of any misdemeanor | ||||||
13 | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | ||||||
14 | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | ||||||
15 | 2012 that was determined, pursuant to Section 112A-11.1 of | ||||||
16 | the Code of Criminal Procedure of 1963, to trigger the | ||||||
17 | prohibitions of 18 U.S.C. 922(g)(9), physically surrender | ||||||
18 | at a time and place designated by the court, his or her | ||||||
19 | Firearm Owner's Identification Card and any and all | ||||||
20 | firearms in his or her possession. The Court shall return | ||||||
21 | to the Illinois State Police Firearm Owner's | ||||||
22 | Identification Card Office the person's Firearm Owner's | ||||||
23 | Identification Card; | ||||||
24 | (10) if convicted of a sex offense as defined in | ||||||
25 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
26 | offender is a parent or guardian of the person under 18 |
| |||||||
| |||||||
1 | years of age present in the home and no non-familial | ||||||
2 | minors are present, not participate in a holiday event | ||||||
3 | involving children under 18 years of age, such as | ||||||
4 | distributing candy or other items to children on | ||||||
5 | Halloween, wearing a Santa Claus costume on or preceding | ||||||
6 | Christmas, being employed as a department store Santa | ||||||
7 | Claus, or wearing an Easter Bunny costume on or preceding | ||||||
8 | Easter; | ||||||
9 | (11) if convicted of a sex offense as defined in | ||||||
10 | Section 2 of the Sex Offender Registration Act committed | ||||||
11 | on or after January 1, 2010 (the effective date of Public | ||||||
12 | Act 96-362) that requires the person to register as a sex | ||||||
13 | offender under that Act, may not knowingly use any | ||||||
14 | computer scrub software on any computer that the sex | ||||||
15 | offender uses; | ||||||
16 | (12) if convicted of a violation of the | ||||||
17 | Methamphetamine Control and Community Protection Act, the | ||||||
18 | Methamphetamine Precursor Control Act, or a | ||||||
19 | methamphetamine related offense: | ||||||
20 | (A) prohibited from purchasing, possessing, or | ||||||
21 | having under his or her control any product containing | ||||||
22 | pseudoephedrine unless prescribed by a physician; and | ||||||
23 | (B) prohibited from purchasing, possessing, or | ||||||
24 | having under his or her control any product containing | ||||||
25 | ammonium nitrate; and | ||||||
26 | (13) if convicted of a hate crime involving the |
| |||||||
| |||||||
1 | protected class identified in subsection (a) of Section | ||||||
2 | 12-7.1 of the Criminal Code of 2012 that gave rise to the | ||||||
3 | offense the offender committed, perform public or | ||||||
4 | community service of no less than 200 hours and enroll in | ||||||
5 | an educational program discouraging hate crimes that | ||||||
6 | includes racial, ethnic, and cultural sensitivity training | ||||||
7 | ordered by the court. | ||||||
8 | (b) The Court may in addition to other reasonable | ||||||
9 | conditions relating to the nature of the offense or the | ||||||
10 | rehabilitation of the defendant as determined for each | ||||||
11 | defendant in the proper discretion of the Court require that | ||||||
12 | the person: | ||||||
13 | (1) serve a term of periodic imprisonment under | ||||||
14 | Article 7 for a period not to exceed that specified in | ||||||
15 | paragraph (d) of Section 5-7-1; | ||||||
16 | (2) pay a fine and costs; | ||||||
17 | (3) work or pursue a course of study or vocational | ||||||
18 | training; | ||||||
19 | (4) undergo medical, psychological or psychiatric | ||||||
20 | treatment; or treatment for drug addiction or alcoholism; | ||||||
21 | (5) attend or reside in a facility established for the | ||||||
22 | instruction or residence of defendants on probation; | ||||||
23 | (6) support his dependents; | ||||||
24 | (7) and in addition, if a minor: | ||||||
25 | (i) reside with his parents or in a foster home; | ||||||
26 | (ii) attend school; |
| |||||||
| |||||||
1 | (iii) attend a non-residential program for youth; | ||||||
2 | (iv) provide nonfinancial contributions to his own | ||||||
3 | support at home or in a foster home; | ||||||
4 | (v) with the consent of the superintendent of the | ||||||
5 | facility, attend an educational program at a facility | ||||||
6 | other than the school in which the offense was | ||||||
7 | committed if he or she is convicted of a crime of | ||||||
8 | violence as defined in Section 2 of the Crime Victims | ||||||
9 | Compensation Act committed in a school, on the real | ||||||
10 | property comprising a school, or within 1,000 feet of | ||||||
11 | the real property comprising a school; | ||||||
12 | (8) make restitution as provided in Section 5-5-6 of | ||||||
13 | this Code; | ||||||
14 | (9) perform some reasonable public or community | ||||||
15 | service; | ||||||
16 | (10) serve a term of home confinement. In addition to | ||||||
17 | any other applicable condition of probation or conditional | ||||||
18 | discharge, the conditions of home confinement shall be | ||||||
19 | that the offender: | ||||||
20 | (i) remain within the interior premises of the | ||||||
21 | place designated for his confinement during the hours | ||||||
22 | designated by the court; | ||||||
23 | (ii) admit any person or agent designated by the | ||||||
24 | court into the offender's place of confinement at any | ||||||
25 | time for purposes of verifying the offender's | ||||||
26 | compliance with the conditions of his confinement; and |
| |||||||
| |||||||
1 | (iii) if further deemed necessary by the court or | ||||||
2 | the probation or court services department Probation | ||||||
3 | or Court Services Department , be placed on an approved | ||||||
4 | electronic monitoring device, subject to Article 8A of | ||||||
5 | Chapter V; | ||||||
6 | (iv) for persons convicted of any alcohol, | ||||||
7 | cannabis or controlled substance violation who are | ||||||
8 | placed on an approved monitoring device as a condition | ||||||
9 | of probation or conditional discharge, the court shall | ||||||
10 | impose a reasonable fee for each day of the use of the | ||||||
11 | device, as established by the county board in | ||||||
12 | subsection (g) of this Section, unless after | ||||||
13 | determining the inability of the offender to pay the | ||||||
14 | fee, the court assesses a lesser fee or no fee as the | ||||||
15 | case may be. This fee shall be imposed in addition to | ||||||
16 | the fees imposed under subsections (g) and (i) of this | ||||||
17 | Section. The fee shall be collected by the clerk of the | ||||||
18 | circuit court, except as provided in an administrative | ||||||
19 | order of the Chief Judge of the circuit court. The | ||||||
20 | clerk of the circuit court shall pay all monies | ||||||
21 | collected from this fee to the county treasurer for | ||||||
22 | deposit in the substance abuse services fund under | ||||||
23 | Section 5-1086.1 of the Counties Code, except as | ||||||
24 | provided in an administrative order of the Chief Judge | ||||||
25 | of the circuit court. | ||||||
26 | The Chief Judge of the circuit court of the county |
| |||||||
| |||||||
1 | may by administrative order establish a program for | ||||||
2 | electronic monitoring of offenders, in which a vendor | ||||||
3 | supplies and monitors the operation of the electronic | ||||||
4 | monitoring device, and collects the fees on behalf of | ||||||
5 | the county. The program shall include provisions for | ||||||
6 | indigent offenders and the collection of unpaid fees. | ||||||
7 | The program shall not unduly burden the offender and | ||||||
8 | shall be subject to review by the Chief Judge. | ||||||
9 | The Chief Judge of the circuit court may suspend | ||||||
10 | any additional charges or fees for late payment, | ||||||
11 | interest, or damage to any device; and | ||||||
12 | (v) for persons convicted of offenses other than | ||||||
13 | those referenced in clause (iv) above and who are | ||||||
14 | placed on an approved monitoring device as a condition | ||||||
15 | of probation or conditional discharge, the court shall | ||||||
16 | impose a reasonable fee for each day of the use of the | ||||||
17 | device, as established by the county board in | ||||||
18 | subsection (g) of this Section, unless after | ||||||
19 | determining the inability of the defendant to pay the | ||||||
20 | fee, the court assesses a lesser fee or no fee as the | ||||||
21 | case may be. This fee shall be imposed in addition to | ||||||
22 | the fees imposed under subsections (g) and (i) of this | ||||||
23 | Section. The fee shall be collected by the clerk of the | ||||||
24 | circuit court, except as provided in an administrative | ||||||
25 | order of the Chief Judge of the circuit court. The | ||||||
26 | clerk of the circuit court shall pay all monies |
| |||||||
| |||||||
1 | collected from this fee to the county treasurer who | ||||||
2 | shall use the monies collected to defray the costs of | ||||||
3 | corrections. The county treasurer shall deposit the | ||||||
4 | fee collected in the probation and court services | ||||||
5 | fund. The Chief Judge of the circuit court of the | ||||||
6 | county may by administrative order establish a program | ||||||
7 | for electronic monitoring of offenders, in which a | ||||||
8 | vendor supplies and monitors the operation of the | ||||||
9 | electronic monitoring device, and collects the fees on | ||||||
10 | behalf of the county. The program shall include | ||||||
11 | provisions for indigent offenders and the collection | ||||||
12 | of unpaid fees. The program shall not unduly burden | ||||||
13 | the offender and shall be subject to review by the | ||||||
14 | Chief Judge. | ||||||
15 | The Chief Judge of the circuit court may suspend | ||||||
16 | any additional charges or fees for late payment, | ||||||
17 | interest, or damage to any device. | ||||||
18 | (11) comply with the terms and conditions of an order | ||||||
19 | of protection issued by the court pursuant to the Illinois | ||||||
20 | Domestic Violence Act of 1986, as now or hereafter | ||||||
21 | amended, or an order of protection issued by the court of | ||||||
22 | another state, tribe, or United States territory. A copy | ||||||
23 | of the order of protection shall be transmitted to the | ||||||
24 | probation officer or agency having responsibility for the | ||||||
25 | case; | ||||||
26 | (12) reimburse any "local anti-crime program" as |
| |||||||
| |||||||
1 | defined in Section 7 of the Anti-Crime Advisory Council | ||||||
2 | Act for any reasonable expenses incurred by the program on | ||||||
3 | the offender's case, not to exceed the maximum amount of | ||||||
4 | the fine authorized for the offense for which the | ||||||
5 | defendant was sentenced; | ||||||
6 | (13) contribute a reasonable sum of money, not to | ||||||
7 | exceed the maximum amount of the fine authorized for the | ||||||
8 | offense for which the defendant was sentenced, (i) to a | ||||||
9 | "local anti-crime program", as defined in Section 7 of the | ||||||
10 | Anti-Crime Advisory Council Act, or (ii) for offenses | ||||||
11 | under the jurisdiction of the Department of Natural | ||||||
12 | Resources, to the fund established by the Department of | ||||||
13 | Natural Resources for the purchase of evidence for | ||||||
14 | investigation purposes and to conduct investigations as | ||||||
15 | outlined in Section 805-105 of the Department of Natural | ||||||
16 | Resources (Conservation) Law; | ||||||
17 | (14) refrain from entering into a designated | ||||||
18 | geographic area except upon such terms as the court finds | ||||||
19 | appropriate. Such terms may include consideration of the | ||||||
20 | purpose of the entry, the time of day, other persons | ||||||
21 | accompanying the defendant, and advance approval by a | ||||||
22 | probation officer, if the defendant has been placed on | ||||||
23 | probation or advance approval by the court, if the | ||||||
24 | defendant was placed on conditional discharge; | ||||||
25 | (15) refrain from having any contact, directly or | ||||||
26 | indirectly, with certain specified persons or particular |
| |||||||
| |||||||
1 | types of persons, including , but not limited to , members | ||||||
2 | of street gangs and drug users or dealers; | ||||||
3 | (16) refrain from having in his or her body the | ||||||
4 | presence of any illicit drug prohibited by the Illinois | ||||||
5 | Controlled Substances Act or the Methamphetamine Control | ||||||
6 | and Community Protection Act, unless prescribed by a | ||||||
7 | physician, and submit samples of his or her blood or urine | ||||||
8 | or both for tests to determine the presence of any illicit | ||||||
9 | drug; | ||||||
10 | (17) if convicted for an offense committed on or after | ||||||
11 | June 1, 2008 (the effective date of Public Act 95-464) | ||||||
12 | that would qualify the accused as a child sex offender as | ||||||
13 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code | ||||||
14 | of 1961 or the Criminal Code of 2012, refrain from | ||||||
15 | communicating with or contacting, by means of the | ||||||
16 | Internet, a person who is related to the accused and whom | ||||||
17 | the accused reasonably believes to be under 18 years of | ||||||
18 | age; for purposes of this paragraph (17), "Internet" has | ||||||
19 | the meaning ascribed to it in Section 16-0.1 of the | ||||||
20 | Criminal Code of 2012; and a person is related to the | ||||||
21 | accused if the person is: (i) the spouse, brother, or | ||||||
22 | sister of the accused; (ii) a descendant of the accused; | ||||||
23 | (iii) a first or second cousin of the accused; or (iv) a | ||||||
24 | step-child or adopted child of the accused; | ||||||
25 | (18) if convicted for an offense committed on or after | ||||||
26 | June 1, 2009 (the effective date of Public Act 95-983) |
| |||||||
| |||||||
1 | that would qualify as a sex offense as defined in the Sex | ||||||
2 | Offender Registration Act: | ||||||
3 | (i) not access or use a computer or any other | ||||||
4 | device with Internet capability without the prior | ||||||
5 | written approval of the offender's probation officer, | ||||||
6 | except in connection with the offender's employment or | ||||||
7 | search for employment with the prior approval of the | ||||||
8 | offender's probation officer; | ||||||
9 | (ii) submit to periodic unannounced examinations | ||||||
10 | of the offender's computer or any other device with | ||||||
11 | Internet capability by the offender's probation | ||||||
12 | officer, a law enforcement officer, or assigned | ||||||
13 | computer or information technology specialist, | ||||||
14 | including the retrieval and copying of all data from | ||||||
15 | the computer or device and any internal or external | ||||||
16 | peripherals and removal of such information, | ||||||
17 | equipment, or device to conduct a more thorough | ||||||
18 | inspection; | ||||||
19 | (iii) submit to the installation on the offender's | ||||||
20 | computer or device with Internet capability, at the | ||||||
21 | subject's expense, of one or more hardware or software | ||||||
22 | systems to monitor the Internet use; and | ||||||
23 | (iv) submit to any other appropriate restrictions | ||||||
24 | concerning the offender's use of or access to a | ||||||
25 | computer or any other device with Internet capability | ||||||
26 | imposed by the offender's probation officer; and |
| |||||||
| |||||||
1 | (19) refrain from possessing a firearm or other | ||||||
2 | dangerous weapon where the offense is a misdemeanor that | ||||||
3 | did not involve the intentional or knowing infliction of | ||||||
4 | bodily harm or threat of bodily harm. | ||||||
5 | (c) The court may as a condition of probation or of | ||||||
6 | conditional discharge require that a person under 18 years of | ||||||
7 | age found guilty of any alcohol, cannabis or controlled | ||||||
8 | substance violation, refrain from acquiring a driver's license | ||||||
9 | during the period of probation or conditional discharge. If | ||||||
10 | such person is in possession of a permit or license, the court | ||||||
11 | may require that the minor refrain from driving or operating | ||||||
12 | any motor vehicle during the period of probation or | ||||||
13 | conditional discharge, except as may be necessary in the | ||||||
14 | course of the minor's lawful employment. | ||||||
15 | (d) An offender sentenced to probation or to conditional | ||||||
16 | discharge shall be given a certificate setting forth the | ||||||
17 | conditions thereof. | ||||||
18 | (e) Except where the offender has committed a fourth or | ||||||
19 | subsequent violation of subsection (c) of Section 6-303 of the | ||||||
20 | Illinois Vehicle Code, the court shall not require as a | ||||||
21 | condition of the sentence of probation or conditional | ||||||
22 | discharge that the offender be committed to a period of | ||||||
23 | imprisonment in excess of 6 months. This 6-month limit shall | ||||||
24 | not include periods of confinement given pursuant to a | ||||||
25 | sentence of county impact incarceration under Section 5-8-1.2. | ||||||
26 | Persons committed to imprisonment as a condition of |
| |||||||
| |||||||
1 | probation or conditional discharge shall not be committed to | ||||||
2 | the Department of Corrections. | ||||||
3 | (f) The court may combine a sentence of periodic | ||||||
4 | imprisonment under Article 7 or a sentence to a county impact | ||||||
5 | incarceration program under Article 8 with a sentence of | ||||||
6 | probation or conditional discharge. | ||||||
7 | (g) An offender sentenced to probation or to conditional | ||||||
8 | discharge and who during the term of either undergoes | ||||||
9 | mandatory drug or alcohol testing, or both, or is assigned to | ||||||
10 | be placed on an approved electronic monitoring device, shall | ||||||
11 | be ordered to pay all costs incidental to such mandatory drug | ||||||
12 | or alcohol testing, or both, and all costs incidental to such | ||||||
13 | approved electronic monitoring in accordance with the | ||||||
14 | defendant's ability to pay those costs. The county board with | ||||||
15 | the concurrence of the Chief Judge of the judicial circuit in | ||||||
16 | which the county is located shall establish reasonable fees | ||||||
17 | for the cost of maintenance, testing, and incidental expenses | ||||||
18 | related to the mandatory drug or alcohol testing, or both, and | ||||||
19 | all costs incidental to approved electronic monitoring, | ||||||
20 | involved in a successful probation program for the county. The | ||||||
21 | concurrence of the Chief Judge shall be in the form of an | ||||||
22 | administrative order. The fees shall be collected by the clerk | ||||||
23 | of the circuit court, except as provided in an administrative | ||||||
24 | order of the Chief Judge of the circuit court. The clerk of the | ||||||
25 | circuit court shall pay all moneys collected from these fees | ||||||
26 | to the county treasurer who shall use the moneys collected to |
| |||||||
| |||||||
1 | defray the costs of drug testing, alcohol testing, and | ||||||
2 | electronic monitoring. The county treasurer shall deposit the | ||||||
3 | fees collected in the county working cash fund under Section | ||||||
4 | 6-27001 or Section 6-29002 of the Counties Code, as the case | ||||||
5 | may be. The Chief Judge of the circuit court of the county may | ||||||
6 | by administrative order establish a program for electronic | ||||||
7 | monitoring of offenders, in which a vendor supplies and | ||||||
8 | monitors the operation of the electronic monitoring device, | ||||||
9 | and collects the fees on behalf of the county. The program | ||||||
10 | shall include provisions for indigent offenders and the | ||||||
11 | collection of unpaid fees. The program shall not unduly burden | ||||||
12 | the offender and shall be subject to review by the Chief Judge. | ||||||
13 | A person shall not be assessed costs or fees for mandatory | ||||||
14 | testing for drugs, alcohol, or both, if the person is an | ||||||
15 | indigent person as defined in paragraph (2) of subsection (a) | ||||||
16 | of Section 5-105 of the Code of Civil Procedure. | ||||||
17 | The Chief Judge of the circuit court may suspend any | ||||||
18 | additional charges or fees for late payment, interest, or | ||||||
19 | damage to any device. | ||||||
20 | (h) Jurisdiction over an offender may be transferred from | ||||||
21 | the sentencing court to the court of another circuit with the | ||||||
22 | concurrence of both courts. Further transfers or retransfers | ||||||
23 | of jurisdiction are also authorized in the same manner. The | ||||||
24 | court to which jurisdiction has been transferred shall have | ||||||
25 | the same powers as the sentencing court. The probation | ||||||
26 | department within the circuit to which jurisdiction has been |
| |||||||
| |||||||
1 | transferred, or which has agreed to provide supervision, may | ||||||
2 | impose probation fees upon receiving the transferred offender, | ||||||
3 | as provided in subsection (i). For all transfer cases, as | ||||||
4 | defined in Section 9b of the Probation and Probation Officers | ||||||
5 | Act, the probation department from the original sentencing | ||||||
6 | court shall retain all probation fees collected prior to the | ||||||
7 | transfer. After the transfer, all probation fees shall be paid | ||||||
8 | to the probation department within the circuit to which | ||||||
9 | jurisdiction has been transferred. | ||||||
10 | (i) The court shall impose upon an offender sentenced to | ||||||
11 | probation after January 1, 1989 or to conditional discharge | ||||||
12 | after January 1, 1992 or to community service under the | ||||||
13 | supervision of a probation or court services department after | ||||||
14 | January 1, 2004, as a condition of such probation or | ||||||
15 | conditional discharge or supervised community service, a fee | ||||||
16 | of $50 for each month of probation or conditional discharge | ||||||
17 | supervision or supervised community service ordered by the | ||||||
18 | court, unless after determining the inability of the person | ||||||
19 | sentenced to probation or conditional discharge or supervised | ||||||
20 | community service to pay the fee, the court assesses a lesser | ||||||
21 | fee. The court may not impose the fee on a minor who is placed | ||||||
22 | in the guardianship or custody of the Department of Children | ||||||
23 | and Family Services under the Juvenile Court Act of 1987 while | ||||||
24 | the minor is in placement. The fee shall be imposed only upon | ||||||
25 | an offender who is actively supervised by the probation and | ||||||
26 | court services department. The fee shall be collected by the |
| |||||||
| |||||||
1 | clerk of the circuit court. The clerk of the circuit court | ||||||
2 | shall pay all monies collected from this fee to the county | ||||||
3 | treasurer for deposit in the probation and court services fund | ||||||
4 | under Section 15.1 of the Probation and Probation Officers | ||||||
5 | Act. | ||||||
6 | A circuit court may not impose a probation fee under this | ||||||
7 | subsection (i) in excess of $25 per month unless the circuit | ||||||
8 | court has adopted, by administrative order issued by the Chief | ||||||
9 | Judge chief judge , a standard probation fee guide determining | ||||||
10 | an offender's ability to pay. Of the amount collected as a | ||||||
11 | probation fee, up to $5 of that fee collected per month may be | ||||||
12 | used to provide services to crime victims and their families. | ||||||
13 | The Court may only waive probation fees based on an | ||||||
14 | offender's ability to pay. The probation department may | ||||||
15 | re-evaluate an offender's ability to pay every 6 months, and, | ||||||
16 | with the approval of the Director of Court Services or the | ||||||
17 | Chief Probation Officer, adjust the monthly fee amount. An | ||||||
18 | offender may elect to pay probation fees due in a lump sum. Any | ||||||
19 | offender that has been assigned to the supervision of a | ||||||
20 | probation department, or has been transferred either under | ||||||
21 | subsection (h) of this Section or under any interstate | ||||||
22 | compact, shall be required to pay probation fees to the | ||||||
23 | department supervising the offender, based on the offender's | ||||||
24 | ability to pay. | ||||||
25 | Public Act 93-970 deletes the $10 increase in the fee | ||||||
26 | under this subsection that was imposed by Public Act 93-616. |
| |||||||
| |||||||
1 | This deletion is intended to control over any other Act of the | ||||||
2 | 93rd General Assembly that retains or incorporates that fee | ||||||
3 | increase. | ||||||
4 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
5 | of this Section, in the case of an offender convicted of a | ||||||
6 | felony sex offense (as defined in the Sex Offender Management | ||||||
7 | Board Act) or an offense that the court or probation | ||||||
8 | department has determined to be sexually motivated (as defined | ||||||
9 | in the Sex Offender Management Board Act), the court or the | ||||||
10 | probation department shall assess additional fees to pay for | ||||||
11 | all costs of treatment, assessment, evaluation for risk and | ||||||
12 | treatment, and monitoring the offender, based on that | ||||||
13 | offender's ability to pay those costs either as they occur or | ||||||
14 | under a payment plan. | ||||||
15 | (j) All fines and costs imposed under this Section for any | ||||||
16 | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
17 | Code, or a similar provision of a local ordinance, and any | ||||||
18 | violation of the Child Passenger Protection Act, or a similar | ||||||
19 | provision of a local ordinance, shall be collected and | ||||||
20 | disbursed by the circuit clerk as provided under the Criminal | ||||||
21 | and Traffic Assessment Act. | ||||||
22 | (k) Any offender who is sentenced to probation or | ||||||
23 | conditional discharge for a felony sex offense as defined in | ||||||
24 | the Sex Offender Management Board Act or any offense that the | ||||||
25 | court or probation department has determined to be sexually | ||||||
26 | motivated as defined in the Sex Offender Management Board Act |
| |||||||
| |||||||
1 | shall be required to refrain from any contact, directly or | ||||||
2 | indirectly, with any persons specified by the court and shall | ||||||
3 | be available for all evaluations and treatment programs | ||||||
4 | required by the court or the probation department. | ||||||
5 | (l) The court may order an offender who is sentenced to | ||||||
6 | probation or conditional discharge for a violation of an order | ||||||
7 | of protection be placed under electronic surveillance as | ||||||
8 | provided in Section 5-8A-7 of this Code. | ||||||
9 | (m) Except for restitution, and assessments issued for | ||||||
10 | adjudications under Section 5-125 of the Juvenile Court Act of | ||||||
11 | 1987, fines and assessments, such as fees or administrative | ||||||
12 | costs, authorized under this Section shall not be ordered or | ||||||
13 | imposed on a minor subject to Article III, IV, or V of the | ||||||
14 | Juvenile Court Act of 1987, or a minor under the age of 18 | ||||||
15 | transferred to adult court or excluded from juvenile court | ||||||
16 | jurisdiction under Article V of the Juvenile Court Act of | ||||||
17 | 1987, or the minor's parent, guardian, or legal custodian. | ||||||
18 | (n) (m) A person on probation, conditional discharge, or | ||||||
19 | supervision shall not be ordered to refrain from having | ||||||
20 | cannabis or alcohol in his or her body unless: | ||||||
21 | (1) the person is under 21 years old; | ||||||
22 | (2) the person was sentenced to probation, conditional | ||||||
23 | discharge, or supervision for an offense which had as an | ||||||
24 | element of the offense the presence of an intoxicating | ||||||
25 | compound in the person's body; | ||||||
26 | (3) the person is participating in a problem-solving |
| |||||||
| |||||||
1 | court certified by the Illinois Supreme Court; | ||||||
2 | (4) the person has undergone a validated clinical | ||||||
3 | assessment and the clinical treatment plan includes | ||||||
4 | alcohol or cannabis testing; or | ||||||
5 | (5) a court ordered evaluation recommends that the | ||||||
6 | person refrain from using alcohol or cannabis, provided | ||||||
7 | the evaluation is a validated clinical assessment and the | ||||||
8 | recommendation originates from a clinical treatment plan. | ||||||
9 | If the court has made findings that alcohol use was a | ||||||
10 | contributing factor in the commission of the underlying | ||||||
11 | offense, the court may order a person on probation, | ||||||
12 | conditional discharge, or supervision to refrain from having | ||||||
13 | alcohol in his or her body during the time between sentencing | ||||||
14 | and the completion of a validated clinical assessment, | ||||||
15 | provided that such order shall not exceed 30 days and shall be | ||||||
16 | terminated if the clinical treatment plan does not recommend | ||||||
17 | abstinence or testing, or both. | ||||||
18 | In this subsection (n) (m) , "validated clinical | ||||||
19 | assessment" and "clinical treatment plan" have the meanings | ||||||
20 | ascribed to them in Section 10 of the Drug Court Treatment Act. | ||||||
21 | In any instance in which the court orders testing for | ||||||
22 | cannabis or alcohol, the court shall state the reasonable | ||||||
23 | relation the condition has to the person's crime for which the | ||||||
24 | person was placed on probation, conditional discharge, or | ||||||
25 | supervision. | ||||||
26 | (o) (n) A person on probation, conditional discharge, or |
| |||||||
| |||||||
1 | supervision shall not be ordered to refrain from use or | ||||||
2 | consumption of any substance lawfully prescribed by a medical | ||||||
3 | provider or authorized by the Compassionate Use of Medical | ||||||
4 | Cannabis Program Act, except where use is prohibited in | ||||||
5 | paragraph (3) or (4) of subsection (n) (m) . | ||||||
6 | (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; | ||||||
7 | 103-271, eff. 1-1-24; 103-379, eff. 7-28-23; 103-391, eff. | ||||||
8 | 1-1-24; revised 12-15-23.)
| ||||||
9 | (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1) | ||||||
10 | Sec. 5-6-3.1. Incidents and conditions of supervision. | ||||||
11 | (a) When a defendant is placed on supervision, the court | ||||||
12 | shall enter an order for supervision specifying the period of | ||||||
13 | such supervision, and shall defer further proceedings in the | ||||||
14 | case until the conclusion of the period. | ||||||
15 | (b) The period of supervision shall be reasonable under | ||||||
16 | all of the circumstances of the case, but may not be longer | ||||||
17 | than 2 years, unless the defendant has failed to pay the | ||||||
18 | assessment required by Section 10.3 of the Cannabis Control | ||||||
19 | Act, Section 411.2 of the Illinois Controlled Substances Act, | ||||||
20 | or Section 80 of the Methamphetamine Control and Community | ||||||
21 | Protection Act, in which case the court may extend supervision | ||||||
22 | beyond 2 years. Additionally, the court shall order the | ||||||
23 | defendant to perform no less than 30 hours of community | ||||||
24 | service and not more than 120 hours of community service, if | ||||||
25 | community service is available in the jurisdiction and is |
| |||||||
| |||||||
1 | funded and approved by the county board where the offense was | ||||||
2 | committed, when the offense (1) was related to or in | ||||||
3 | furtherance of the criminal activities of an organized gang or | ||||||
4 | was motivated by the defendant's membership in or allegiance | ||||||
5 | to an organized gang; or (2) is a violation of any Section of | ||||||
6 | Article 24 of the Criminal Code of 1961 or the Criminal Code of | ||||||
7 | 2012 where a disposition of supervision is not prohibited by | ||||||
8 | Section 5-6-1 of this Code. The community service shall | ||||||
9 | include, but not be limited to, the cleanup and repair of any | ||||||
10 | damage caused by violation of Section 21-1.3 of the Criminal | ||||||
11 | Code of 1961 or the Criminal Code of 2012 and similar damages | ||||||
12 | to property located within the municipality or county in which | ||||||
13 | the violation occurred. Where possible and reasonable, the | ||||||
14 | community service should be performed in the offender's | ||||||
15 | neighborhood. | ||||||
16 | For the purposes of this Section, "organized gang" has the | ||||||
17 | meaning ascribed to it in Section 10 of the Illinois | ||||||
18 | Streetgang Terrorism Omnibus Prevention Act. | ||||||
19 | (c) The court may in addition to other reasonable | ||||||
20 | conditions relating to the nature of the offense or the | ||||||
21 | rehabilitation of the defendant as determined for each | ||||||
22 | defendant in the proper discretion of the court require that | ||||||
23 | the person: | ||||||
24 | (1) make a report to and appear in person before or | ||||||
25 | participate with the court or such courts, person, or | ||||||
26 | social service agency as directed by the court in the |
| |||||||
| |||||||
1 | order of supervision; | ||||||
2 | (2) pay a fine and costs; | ||||||
3 | (3) work or pursue a course of study or vocational | ||||||
4 | training; | ||||||
5 | (4) undergo medical, psychological or psychiatric | ||||||
6 | treatment; or treatment for drug addiction or alcoholism; | ||||||
7 | (5) attend or reside in a facility established for the | ||||||
8 | instruction or residence of defendants on probation; | ||||||
9 | (6) support his dependents; | ||||||
10 | (7) refrain from possessing a firearm or other | ||||||
11 | dangerous weapon; | ||||||
12 | (8) and in addition, if a minor: | ||||||
13 | (i) reside with his parents or in a foster home; | ||||||
14 | (ii) attend school; | ||||||
15 | (iii) attend a non-residential program for youth; | ||||||
16 | (iv) provide nonfinancial contributions to his own | ||||||
17 | support at home or in a foster home; or | ||||||
18 | (v) with the consent of the superintendent of the | ||||||
19 | facility, attend an educational program at a facility | ||||||
20 | other than the school in which the offense was | ||||||
21 | committed if he or she is placed on supervision for a | ||||||
22 | crime of violence as defined in Section 2 of the Crime | ||||||
23 | Victims Compensation Act committed in a school, on the | ||||||
24 | real property comprising a school, or within 1,000 | ||||||
25 | feet of the real property comprising a school; | ||||||
26 | (9) make restitution or reparation in an amount not to |
| |||||||
| |||||||
1 | exceed actual loss or damage to property and pecuniary | ||||||
2 | loss or make restitution under Section 5-5-6 to a domestic | ||||||
3 | violence shelter. The court shall determine the amount and | ||||||
4 | conditions of payment; | ||||||
5 | (10) perform some reasonable public or community | ||||||
6 | service; | ||||||
7 | (11) comply with the terms and conditions of an order | ||||||
8 | of protection issued by the court pursuant to the Illinois | ||||||
9 | Domestic Violence Act of 1986 or an order of protection | ||||||
10 | issued by the court of another state, tribe, or United | ||||||
11 | States territory. If the court has ordered the defendant | ||||||
12 | to make a report and appear in person under paragraph (1) | ||||||
13 | of this subsection, a copy of the order of protection | ||||||
14 | shall be transmitted to the person or agency so designated | ||||||
15 | by the court; | ||||||
16 | (12) reimburse any "local anti-crime program" as | ||||||
17 | defined in Section 7 of the Anti-Crime Advisory Council | ||||||
18 | Act for any reasonable expenses incurred by the program on | ||||||
19 | the offender's case, not to exceed the maximum amount of | ||||||
20 | the fine authorized for the offense for which the | ||||||
21 | defendant was sentenced; | ||||||
22 | (13) contribute a reasonable sum of money, not to | ||||||
23 | exceed the maximum amount of the fine authorized for the | ||||||
24 | offense for which the defendant was sentenced, (i) to a | ||||||
25 | "local anti-crime program", as defined in Section 7 of the | ||||||
26 | Anti-Crime Advisory Council Act, or (ii) for offenses |
| |||||||
| |||||||
1 | under the jurisdiction of the Department of Natural | ||||||
2 | Resources, to the fund established by the Department of | ||||||
3 | Natural Resources for the purchase of evidence for | ||||||
4 | investigation purposes and to conduct investigations as | ||||||
5 | outlined in Section 805-105 of the Department of Natural | ||||||
6 | Resources (Conservation) Law; | ||||||
7 | (14) refrain from entering into a designated | ||||||
8 | geographic area except upon such terms as the court finds | ||||||
9 | appropriate. Such terms may include consideration of the | ||||||
10 | purpose of the entry, the time of day, other persons | ||||||
11 | accompanying the defendant, and advance approval by a | ||||||
12 | probation officer; | ||||||
13 | (15) refrain from having any contact, directly or | ||||||
14 | indirectly, with certain specified persons or particular | ||||||
15 | types of person, including but not limited to members of | ||||||
16 | street gangs and drug users or dealers; | ||||||
17 | (16) refrain from having in his or her body the | ||||||
18 | presence of any illicit drug prohibited by the Cannabis | ||||||
19 | Control Act, the Illinois Controlled Substances Act, or | ||||||
20 | the Methamphetamine Control and Community Protection Act, | ||||||
21 | unless prescribed by a physician, and submit samples of | ||||||
22 | his or her blood or urine or both for tests to determine | ||||||
23 | the presence of any illicit drug; | ||||||
24 | (17) refrain from operating any motor vehicle not | ||||||
25 | equipped with an ignition interlock device as defined in | ||||||
26 | Section 1-129.1 of the Illinois Vehicle Code; under this |
| |||||||
| |||||||
1 | condition the court may allow a defendant who is not | ||||||
2 | self-employed to operate a vehicle owned by the | ||||||
3 | defendant's employer that is not equipped with an ignition | ||||||
4 | interlock device in the course and scope of the | ||||||
5 | defendant's employment; and | ||||||
6 | (18) if placed on supervision for a sex offense as | ||||||
7 | defined in subsection (a-5) of Section 3-1-2 of this Code, | ||||||
8 | unless the offender is a parent or guardian of the person | ||||||
9 | under 18 years of age present in the home and no | ||||||
10 | non-familial minors are present, not participate in a | ||||||
11 | holiday event involving children under 18 years of age, | ||||||
12 | such as distributing candy or other items to children on | ||||||
13 | Halloween, wearing a Santa Claus costume on or preceding | ||||||
14 | Christmas, being employed as a department store Santa | ||||||
15 | Claus, or wearing an Easter Bunny costume on or preceding | ||||||
16 | Easter. | ||||||
17 | (c-5) If payment of restitution as ordered has not been | ||||||
18 | made, the victim shall file a petition notifying the | ||||||
19 | sentencing court, any other person to whom restitution is | ||||||
20 | owed, and the State's Attorney of the status of the ordered | ||||||
21 | restitution payments unpaid at least 90 days before the | ||||||
22 | supervision expiration date. If payment as ordered has not | ||||||
23 | been made, the court shall hold a review hearing prior to the | ||||||
24 | expiration date, unless the hearing is voluntarily waived by | ||||||
25 | the defendant with the knowledge that waiver may result in an | ||||||
26 | extension of the supervision period or in a revocation of |
| |||||||
| |||||||
1 | supervision. If the court does not extend supervision, it | ||||||
2 | shall issue a judgment for the unpaid restitution and direct | ||||||
3 | the clerk of the circuit court to file and enter the judgment | ||||||
4 | in the judgment and lien docket, without fee, unless it finds | ||||||
5 | that the victim has recovered a judgment against the defendant | ||||||
6 | for the amount covered by the restitution order. If the court | ||||||
7 | issues a judgment for the unpaid restitution, the court shall | ||||||
8 | send to the defendant at his or her last known address written | ||||||
9 | notification that a civil judgment has been issued for the | ||||||
10 | unpaid restitution. | ||||||
11 | (d) The court shall defer entering any judgment on the | ||||||
12 | charges until the conclusion of the supervision. | ||||||
13 | (e) At the conclusion of the period of supervision, if the | ||||||
14 | court determines that the defendant has successfully complied | ||||||
15 | with all of the conditions of supervision, the court shall | ||||||
16 | discharge the defendant and enter a judgment dismissing the | ||||||
17 | charges. | ||||||
18 | (f) Discharge and dismissal upon a successful conclusion | ||||||
19 | of a disposition of supervision shall be deemed without | ||||||
20 | adjudication of guilt and shall not be termed a conviction for | ||||||
21 | purposes of disqualification or disabilities imposed by law | ||||||
22 | upon conviction of a crime. Two years after the discharge and | ||||||
23 | dismissal under this Section, unless the disposition of | ||||||
24 | supervision was for a violation of Sections 3-707, 3-708, | ||||||
25 | 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | ||||||
26 | similar provision of a local ordinance, or for a violation of |
| |||||||
| |||||||
1 | Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961 | ||||||
2 | or the Criminal Code of 2012, in which case it shall be 5 years | ||||||
3 | after discharge and dismissal, a person may have his record of | ||||||
4 | arrest sealed or expunged as may be provided by law. However, | ||||||
5 | any defendant placed on supervision before January 1, 1980, | ||||||
6 | may move for sealing or expungement of his arrest record, as | ||||||
7 | provided by law, at any time after discharge and dismissal | ||||||
8 | under this Section. A person placed on supervision for a | ||||||
9 | sexual offense committed against a minor as defined in clause | ||||||
10 | (a)(1)(L) of Section 5.2 of the Criminal Identification Act or | ||||||
11 | for a violation of Section 11-501 of the Illinois Vehicle Code | ||||||
12 | or a similar provision of a local ordinance shall not have his | ||||||
13 | or her record of arrest sealed or expunged. | ||||||
14 | (g) A defendant placed on supervision and who during the | ||||||
15 | period of supervision undergoes mandatory drug or alcohol | ||||||
16 | testing, or both, or is assigned to be placed on an approved | ||||||
17 | electronic monitoring device, shall be ordered to pay the | ||||||
18 | costs incidental to such mandatory drug or alcohol testing, or | ||||||
19 | both, and costs incidental to such approved electronic | ||||||
20 | monitoring in accordance with the defendant's ability to pay | ||||||
21 | those costs. The county board with the concurrence of the | ||||||
22 | Chief Judge of the judicial circuit in which the county is | ||||||
23 | located shall establish reasonable fees for the cost of | ||||||
24 | maintenance, testing, and incidental expenses related to the | ||||||
25 | mandatory drug or alcohol testing, or both, and all costs | ||||||
26 | incidental to approved electronic monitoring, of all |
| |||||||
| |||||||
1 | defendants placed on supervision. The concurrence of the Chief | ||||||
2 | Judge shall be in the form of an administrative order. The fees | ||||||
3 | shall be collected by the clerk of the circuit court, except as | ||||||
4 | provided in an administrative order of the Chief Judge of the | ||||||
5 | circuit court. The clerk of the circuit court shall pay all | ||||||
6 | moneys collected from these fees to the county treasurer who | ||||||
7 | shall use the moneys collected to defray the costs of drug | ||||||
8 | testing, alcohol testing, and electronic monitoring. The | ||||||
9 | county treasurer shall deposit the fees collected in the | ||||||
10 | county working cash fund under Section 6-27001 or Section | ||||||
11 | 6-29002 of the Counties Code, as the case may be. | ||||||
12 | The Chief Judge of the circuit court of the county may by | ||||||
13 | administrative order establish a program for electronic | ||||||
14 | monitoring of offenders, in which a vendor supplies and | ||||||
15 | monitors the operation of the electronic monitoring device, | ||||||
16 | and collects the fees on behalf of the county. The program | ||||||
17 | shall include provisions for indigent offenders and the | ||||||
18 | collection of unpaid fees. The program shall not unduly burden | ||||||
19 | the offender and shall be subject to review by the Chief Judge. | ||||||
20 | The Chief Judge of the circuit court may suspend any | ||||||
21 | additional charges or fees for late payment, interest, or | ||||||
22 | damage to any device. | ||||||
23 | (h) A disposition of supervision is a final order for the | ||||||
24 | purposes of appeal. | ||||||
25 | (i) The court shall impose upon a defendant placed on | ||||||
26 | supervision after January 1, 1992 or to community service |
| |||||||
| |||||||
1 | under the supervision of a probation or court services | ||||||
2 | department after January 1, 2004, as a condition of | ||||||
3 | supervision or supervised community service, a fee of $50 for | ||||||
4 | each month of supervision or supervised community service | ||||||
5 | ordered by the court, unless after determining the inability | ||||||
6 | of the person placed on supervision or supervised community | ||||||
7 | service to pay the fee, the court assesses a lesser fee. The | ||||||
8 | court may not impose the fee on a minor who is placed in the | ||||||
9 | guardianship or custody of the Department of Children and | ||||||
10 | Family Services under the Juvenile Court Act of 1987 while the | ||||||
11 | minor is in placement. The fee shall be imposed only upon a | ||||||
12 | defendant who is actively supervised by the probation and | ||||||
13 | court services department. The fee shall be collected by the | ||||||
14 | clerk of the circuit court. The clerk of the circuit court | ||||||
15 | shall pay all monies collected from this fee to the county | ||||||
16 | treasurer for deposit in the probation and court services fund | ||||||
17 | pursuant to Section 15.1 of the Probation and Probation | ||||||
18 | Officers Act. | ||||||
19 | A circuit court may not impose a probation fee in excess of | ||||||
20 | $25 per month unless the circuit court has adopted, by | ||||||
21 | administrative order issued by the chief judge, a standard | ||||||
22 | probation fee guide determining an offender's ability to pay. | ||||||
23 | Of the amount collected as a probation fee, not to exceed $5 of | ||||||
24 | that fee collected per month may be used to provide services to | ||||||
25 | crime victims and their families. | ||||||
26 | The Court may only waive probation fees based on an |
| |||||||
| |||||||
1 | offender's ability to pay. The probation department may | ||||||
2 | re-evaluate an offender's ability to pay every 6 months, and, | ||||||
3 | with the approval of the Director of Court Services or the | ||||||
4 | Chief Probation Officer, adjust the monthly fee amount. An | ||||||
5 | offender may elect to pay probation fees due in a lump sum. Any | ||||||
6 | offender that has been assigned to the supervision of a | ||||||
7 | probation department, or has been transferred either under | ||||||
8 | subsection (h) of this Section or under any interstate | ||||||
9 | compact, shall be required to pay probation fees to the | ||||||
10 | department supervising the offender, based on the offender's | ||||||
11 | ability to pay. | ||||||
12 | (j) All fines and costs imposed under this Section for any | ||||||
13 | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
14 | Code, or a similar provision of a local ordinance, and any | ||||||
15 | violation of the Child Passenger Protection Act, or a similar | ||||||
16 | provision of a local ordinance, shall be collected and | ||||||
17 | disbursed by the circuit clerk as provided under the Criminal | ||||||
18 | and Traffic Assessment Act. | ||||||
19 | (k) A defendant at least 17 years of age who is placed on | ||||||
20 | supervision for a misdemeanor in a county of 3,000,000 or more | ||||||
21 | inhabitants and who has not been previously convicted of a | ||||||
22 | misdemeanor or felony may as a condition of his or her | ||||||
23 | supervision be required by the court to attend educational | ||||||
24 | courses designed to prepare the defendant for a high school | ||||||
25 | diploma and to work toward a high school diploma or to work | ||||||
26 | toward passing high school equivalency testing or to work |
| |||||||
| |||||||
1 | toward completing a vocational training program approved by | ||||||
2 | the court. The defendant placed on supervision must attend a | ||||||
3 | public institution of education to obtain the educational or | ||||||
4 | vocational training required by this subsection (k). The | ||||||
5 | defendant placed on supervision shall be required to pay for | ||||||
6 | the cost of the educational courses or high school equivalency | ||||||
7 | testing if a fee is charged for those courses or testing. The | ||||||
8 | court shall revoke the supervision of a person who wilfully | ||||||
9 | fails to comply with this subsection (k). The court shall | ||||||
10 | resentence the defendant upon revocation of supervision as | ||||||
11 | provided in Section 5-6-4. This subsection (k) does not apply | ||||||
12 | to a defendant who has a high school diploma or has | ||||||
13 | successfully passed high school equivalency testing. This | ||||||
14 | subsection (k) does not apply to a defendant who is determined | ||||||
15 | by the court to be a person with a developmental disability or | ||||||
16 | otherwise mentally incapable of completing the educational or | ||||||
17 | vocational program. | ||||||
18 | (l) The court shall require a defendant placed on | ||||||
19 | supervision for possession of a substance prohibited by the | ||||||
20 | Cannabis Control Act, the Illinois Controlled Substances Act, | ||||||
21 | or the Methamphetamine Control and Community Protection Act | ||||||
22 | after a previous conviction or disposition of supervision for | ||||||
23 | possession of a substance prohibited by the Cannabis Control | ||||||
24 | Act, the Illinois Controlled Substances Act, or the | ||||||
25 | Methamphetamine Control and Community Protection Act or a | ||||||
26 | sentence of probation under Section 10 of the Cannabis Control |
| |||||||
| |||||||
1 | Act or Section 410 of the Illinois Controlled Substances Act | ||||||
2 | and after a finding by the court that the person is addicted, | ||||||
3 | to undergo treatment at a substance abuse program approved by | ||||||
4 | the court. | ||||||
5 | (m) The Secretary of State shall require anyone placed on | ||||||
6 | court supervision for a violation of Section 3-707 of the | ||||||
7 | Illinois Vehicle Code or a similar provision of a local | ||||||
8 | ordinance to give proof of his or her financial responsibility | ||||||
9 | as defined in Section 7-315 of the Illinois Vehicle Code. The | ||||||
10 | proof shall be maintained by the individual in a manner | ||||||
11 | satisfactory to the Secretary of State for a minimum period of | ||||||
12 | 3 years after the date the proof is first filed. The proof | ||||||
13 | shall be limited to a single action per arrest and may not be | ||||||
14 | affected by any post-sentence disposition. The Secretary of | ||||||
15 | State shall suspend the driver's license of any person | ||||||
16 | determined by the Secretary to be in violation of this | ||||||
17 | subsection. This subsection does not apply to a person who, at | ||||||
18 | the time of the offense, was operating a motor vehicle | ||||||
19 | registered in a state other than Illinois. | ||||||
20 | (n) Any offender placed on supervision for any offense | ||||||
21 | that the court or probation department has determined to be | ||||||
22 | sexually motivated as defined in the Sex Offender Management | ||||||
23 | Board Act shall be required to refrain from any contact, | ||||||
24 | directly or indirectly, with any persons specified by the | ||||||
25 | court and shall be available for all evaluations and treatment | ||||||
26 | programs required by the court or the probation department. |
| |||||||
| |||||||
1 | (o) An offender placed on supervision for a sex offense as | ||||||
2 | defined in the Sex Offender Management Board Act shall refrain | ||||||
3 | from residing at the same address or in the same condominium | ||||||
4 | unit or apartment unit or in the same condominium complex or | ||||||
5 | apartment complex with another person he or she knows or | ||||||
6 | reasonably should know is a convicted sex offender or has been | ||||||
7 | placed on supervision for a sex offense. The provisions of | ||||||
8 | this subsection (o) do not apply to a person convicted of a sex | ||||||
9 | offense who is placed in a Department of Corrections licensed | ||||||
10 | transitional housing facility for sex offenders. | ||||||
11 | (p) An offender placed on supervision for an offense | ||||||
12 | committed on or after June 1, 2008 (the effective date of | ||||||
13 | Public Act 95-464) that would qualify the accused as a child | ||||||
14 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
15 | Criminal Code of 1961 or the Criminal Code of 2012 shall | ||||||
16 | refrain from communicating with or contacting, by means of the | ||||||
17 | Internet, a person who is not related to the accused and whom | ||||||
18 | the accused reasonably believes to be under 18 years of age. | ||||||
19 | For purposes of this subsection (p), "Internet" has the | ||||||
20 | meaning ascribed to it in Section 16-0.1 of the Criminal Code | ||||||
21 | of 2012; and a person is not related to the accused if the | ||||||
22 | person is not: (i) the spouse, brother, or sister of the | ||||||
23 | accused; (ii) a descendant of the accused; (iii) a first or | ||||||
24 | second cousin of the accused; or (iv) a step-child or adopted | ||||||
25 | child of the accused. | ||||||
26 | (q) An offender placed on supervision for an offense |
| |||||||
| |||||||
1 | committed on or after June 1, 2008 (the effective date of | ||||||
2 | Public Act 95-464) that would qualify the accused as a child | ||||||
3 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
4 | Criminal Code of 1961 or the Criminal Code of 2012 shall, if so | ||||||
5 | ordered by the court, refrain from communicating with or | ||||||
6 | contacting, by means of the Internet, a person who is related | ||||||
7 | to the accused and whom the accused reasonably believes to be | ||||||
8 | under 18 years of age. For purposes of this subsection (q), | ||||||
9 | "Internet" has the meaning ascribed to it in Section 16-0.1 of | ||||||
10 | the Criminal Code of 2012; and a person is related to the | ||||||
11 | accused if the person is: (i) the spouse, brother, or sister of | ||||||
12 | the accused; (ii) a descendant of the accused; (iii) a first or | ||||||
13 | second cousin of the accused; or (iv) a step-child or adopted | ||||||
14 | child of the accused. | ||||||
15 | (r) An offender placed on supervision for an offense under | ||||||
16 | Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a | ||||||
17 | sexually exploited child juvenile prostitute , 11-15.1, | ||||||
18 | 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of | ||||||
19 | 1961 or the Criminal Code of 2012, or any attempt to commit any | ||||||
20 | of these offenses, committed on or after June 1, 2009 (the | ||||||
21 | effective date of Public Act 95-983) shall: | ||||||
22 | (i) not access or use a computer or any other device | ||||||
23 | with Internet capability without the prior written | ||||||
24 | approval of the court, except in connection with the | ||||||
25 | offender's employment or search for employment with the | ||||||
26 | prior approval of the court; |
| |||||||
| |||||||
1 | (ii) submit to periodic unannounced examinations of | ||||||
2 | the offender's computer or any other device with Internet | ||||||
3 | capability by the offender's probation officer, a law | ||||||
4 | enforcement officer, or assigned computer or information | ||||||
5 | technology specialist, including the retrieval and copying | ||||||
6 | of all data from the computer or device and any internal or | ||||||
7 | external peripherals and removal of such information, | ||||||
8 | equipment, or device to conduct a more thorough | ||||||
9 | inspection; | ||||||
10 | (iii) submit to the installation on the offender's | ||||||
11 | computer or device with Internet capability, at the | ||||||
12 | offender's expense, of one or more hardware or software | ||||||
13 | systems to monitor the Internet use; and | ||||||
14 | (iv) submit to any other appropriate restrictions | ||||||
15 | concerning the offender's use of or access to a computer | ||||||
16 | or any other device with Internet capability imposed by | ||||||
17 | the court. | ||||||
18 | (s) An offender placed on supervision for an offense that | ||||||
19 | is a sex offense as defined in Section 2 of the Sex Offender | ||||||
20 | Registration Act that is committed on or after January 1, 2010 | ||||||
21 | (the effective date of Public Act 96-362) that requires the | ||||||
22 | person to register as a sex offender under that Act, may not | ||||||
23 | knowingly use any computer scrub software on any computer that | ||||||
24 | the sex offender uses. | ||||||
25 | (t) An offender placed on supervision for a sex offense as | ||||||
26 | defined in the Sex Offender Registration Act committed on or |
| |||||||
| |||||||
1 | after January 1, 2010 (the effective date of Public Act | ||||||
2 | 96-262) shall refrain from accessing or using a social | ||||||
3 | networking website as defined in Section 17-0.5 of the | ||||||
4 | Criminal Code of 2012. | ||||||
5 | (u) Jurisdiction over an offender may be transferred from | ||||||
6 | the sentencing court to the court of another circuit with the | ||||||
7 | concurrence of both courts. Further transfers or retransfers | ||||||
8 | of jurisdiction are also authorized in the same manner. The | ||||||
9 | court to which jurisdiction has been transferred shall have | ||||||
10 | the same powers as the sentencing court. The probation | ||||||
11 | department within the circuit to which jurisdiction has been | ||||||
12 | transferred may impose probation fees upon receiving the | ||||||
13 | transferred offender, as provided in subsection (i). The | ||||||
14 | probation department from the original sentencing court shall | ||||||
15 | retain all probation fees collected prior to the transfer. | ||||||
16 | (v) Except for restitution, and assessments issued for | ||||||
17 | adjudications under Section 5-125 of the Juvenile Court Act of | ||||||
18 | 1987, fines and assessments, such as fees or administrative | ||||||
19 | costs, authorized under this Section shall not be ordered or | ||||||
20 | imposed on a minor subject to Article III, IV, or V of the | ||||||
21 | Juvenile Court Act of 1987, or a minor under the age of 18 | ||||||
22 | transferred to adult court or excluded from juvenile court | ||||||
23 | jurisdiction under Article V of the Juvenile Court Act of | ||||||
24 | 1987, or the minor's parent, guardian, or legal custodian. | ||||||
25 | (Source: P.A. 102-299, eff. 8-6-21; 103-379, eff. 7-28-23.)
|
| |||||||
| |||||||
1 | (730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7) | ||||||
2 | Sec. 5-9-1.7. Sexual assault fines. | ||||||
3 | (a) Definitions. The terms used in this Section shall have | ||||||
4 | the following meanings ascribed to them: | ||||||
5 | (1) "Sexual assault" means the commission or attempted | ||||||
6 | commission of the following: sexual exploitation of a | ||||||
7 | child, criminal sexual assault, predatory criminal sexual | ||||||
8 | assault of a child, aggravated criminal sexual assault, | ||||||
9 | criminal sexual abuse, aggravated criminal sexual abuse, | ||||||
10 | indecent solicitation of a child, public indecency, sexual | ||||||
11 | relations within families, promoting commercial sexual | ||||||
12 | exploitation of a child juvenile prostitution , soliciting | ||||||
13 | for a sexually exploited child juvenile prostitute , | ||||||
14 | keeping a place of commercial sexual exploitation of a | ||||||
15 | child juvenile prostitution , patronizing a sexually | ||||||
16 | exploited child juvenile prostitute , juvenile pimping, | ||||||
17 | exploitation of a child, obscenity, child pornography, | ||||||
18 | aggravated child pornography, harmful material, or | ||||||
19 | ritualized abuse of a child, as those offenses are defined | ||||||
20 | in the Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
21 | (2) (Blank). | ||||||
22 | (3) "Sexual assault organization" means any | ||||||
23 | not-for-profit organization providing comprehensive, | ||||||
24 | community-based services to victims of sexual assault. | ||||||
25 | "Community-based services" include, but are not limited | ||||||
26 | to, direct crisis intervention through a 24-hour response, |
| |||||||
| |||||||
1 | medical and legal advocacy, counseling, information and | ||||||
2 | referral services, training, and community education. | ||||||
3 | (b) (Blank). | ||||||
4 | (c) Sexual Assault Services Fund; administration. There is | ||||||
5 | created a Sexual Assault Services Fund. Moneys deposited into | ||||||
6 | the Fund under Section 15-20 and 15-40 of the Criminal and | ||||||
7 | Traffic Assessment Act shall be appropriated to the Department | ||||||
8 | of Public Health. Upon appropriation of moneys from the Sexual | ||||||
9 | Assault Services Fund, the Department of Public Health shall | ||||||
10 | make grants of these moneys from the Fund to sexual assault | ||||||
11 | organizations with whom the Department has contracts for the | ||||||
12 | purpose of providing community-based services to victims of | ||||||
13 | sexual assault. Grants made under this Section are in addition | ||||||
14 | to, and are not substitutes for, other grants authorized and | ||||||
15 | made by the Department. | ||||||
16 | (Source: P.A. 100-987, eff. 7-1-19 .)
| ||||||
17 | Section 160. The Sex Offender Registration Act is amended | ||||||
18 | by changing Section 2 as follows:
| ||||||
19 | (730 ILCS 150/2) (from Ch. 38, par. 222) | ||||||
20 | Sec. 2. Definitions. | ||||||
21 | (A) As used in this Article, "sex offender" means any | ||||||
22 | person who is: | ||||||
23 | (1) charged pursuant to Illinois law, or any | ||||||
24 | substantially similar federal, Uniform Code of Military |
| |||||||
| |||||||
1 | Justice, sister state, or foreign country law, with a sex | ||||||
2 | offense set forth in subsection (B) of this Section or the | ||||||
3 | attempt to commit an included sex offense, and: | ||||||
4 | (a) is convicted of such offense or an attempt to | ||||||
5 | commit such offense; or | ||||||
6 | (b) is found not guilty by reason of insanity of | ||||||
7 | such offense or an attempt to commit such offense; or | ||||||
8 | (c) is found not guilty by reason of insanity | ||||||
9 | pursuant to Section 104-25(c) of the Code of Criminal | ||||||
10 | Procedure of 1963 of such offense or an attempt to | ||||||
11 | commit such offense; or | ||||||
12 | (d) is the subject of a finding not resulting in an | ||||||
13 | acquittal at a hearing conducted pursuant to Section | ||||||
14 | 104-25(a) of the Code of Criminal Procedure of 1963 | ||||||
15 | for the alleged commission or attempted commission of | ||||||
16 | such offense; or | ||||||
17 | (e) is found not guilty by reason of insanity | ||||||
18 | following a hearing conducted pursuant to a federal, | ||||||
19 | Uniform Code of Military Justice, sister state, or | ||||||
20 | foreign country law substantially similar to Section | ||||||
21 | 104-25(c) of the Code of Criminal Procedure of 1963 of | ||||||
22 | such offense or of the attempted commission of such | ||||||
23 | offense; or | ||||||
24 | (f) is the subject of a finding not resulting in an | ||||||
25 | acquittal at a hearing conducted pursuant to a | ||||||
26 | federal, Uniform Code of Military Justice, sister |
| |||||||
| |||||||
1 | state, or foreign country law substantially similar to | ||||||
2 | Section 104-25(a) of the Code of Criminal Procedure of | ||||||
3 | 1963 for the alleged violation or attempted commission | ||||||
4 | of such offense; or | ||||||
5 | (2) declared as a sexually dangerous person pursuant | ||||||
6 | to the Illinois Sexually Dangerous Persons Act, or any | ||||||
7 | substantially similar federal, Uniform Code of Military | ||||||
8 | Justice, sister state, or foreign country law; or | ||||||
9 | (3) subject to the provisions of Section 2 of the | ||||||
10 | Interstate Agreements on Sexually Dangerous Persons Act; | ||||||
11 | or | ||||||
12 | (4) found to be a sexually violent person pursuant to | ||||||
13 | the Sexually Violent Persons Commitment Act or any | ||||||
14 | substantially similar federal, Uniform Code of Military | ||||||
15 | Justice, sister state, or foreign country law; or | ||||||
16 | (5) adjudicated a juvenile delinquent as the result of | ||||||
17 | committing or attempting to commit an act which, if | ||||||
18 | committed by an adult, would constitute any of the | ||||||
19 | offenses specified in item (B), (C), or (C-5) of this | ||||||
20 | Section or a violation of any substantially similar | ||||||
21 | federal, Uniform Code of Military Justice, sister state, | ||||||
22 | or foreign country law, or found guilty under Article V of | ||||||
23 | the Juvenile Court Act of 1987 of committing or attempting | ||||||
24 | to commit an act which, if committed by an adult, would | ||||||
25 | constitute any of the offenses specified in item (B), (C), | ||||||
26 | or (C-5) of this Section or a violation of any |
| |||||||
| |||||||
1 | substantially similar federal, Uniform Code of Military | ||||||
2 | Justice, sister state, or foreign country law. | ||||||
3 | Convictions that result from or are connected with the | ||||||
4 | same act, or result from offenses committed at the same time, | ||||||
5 | shall be counted for the purpose of this Article as one | ||||||
6 | conviction. Any conviction set aside pursuant to law is not a | ||||||
7 | conviction for purposes of this Article. | ||||||
8 | For purposes of this Section, "convicted" shall have the | ||||||
9 | same meaning as "adjudicated". | ||||||
10 | (B) As used in this Article, "sex offense" means: | ||||||
11 | (1) A violation of any of the following Sections of | ||||||
12 | the Criminal Code of 1961 or the Criminal Code of 2012: | ||||||
13 | 11-20.1 (child pornography), | ||||||
14 | 11-20.1B or 11-20.3 (aggravated child | ||||||
15 | pornography), | ||||||
16 | 11-6 (indecent solicitation of a child), | ||||||
17 | 11-9.1 (sexual exploitation of a child), | ||||||
18 | 11-9.2 (custodial sexual misconduct), | ||||||
19 | 11-9.5 (sexual misconduct with a person with a | ||||||
20 | disability), | ||||||
21 | 11-14.4 (promoting commercial sexual exploitation | ||||||
22 | of a child juvenile prostitution ), | ||||||
23 | 11-15.1 (soliciting for a sexually exploited child | ||||||
24 | juvenile prostitute ), | ||||||
25 | 11-18.1 (patronizing a sexually exploited child | ||||||
26 | juvenile prostitute ), |
| |||||||
| |||||||
1 | 11-17.1 (keeping a place of commercial sexual | ||||||
2 | exploitation of a child juvenile prostitution ), | ||||||
3 | 11-19.1 (juvenile pimping), | ||||||
4 | 11-19.2 (exploitation of a child), | ||||||
5 | 11-25 (grooming), | ||||||
6 | 11-26 (traveling to meet a minor or traveling to | ||||||
7 | meet a child), | ||||||
8 | 11-1.20 or 12-13 (criminal sexual assault), | ||||||
9 | 11-1.30 or 12-14 (aggravated criminal sexual | ||||||
10 | assault), | ||||||
11 | 11-1.40 or 12-14.1 (predatory criminal sexual | ||||||
12 | assault of a child), | ||||||
13 | 11-1.50 or 12-15 (criminal sexual abuse), | ||||||
14 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
15 | abuse), | ||||||
16 | 12-33 (ritualized abuse of a child). | ||||||
17 | An attempt to commit any of these offenses. | ||||||
18 | (1.5) A violation of any of the following Sections of | ||||||
19 | the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
20 | when the victim is a person under 18 years of age, the | ||||||
21 | defendant is not a parent of the victim, the offense was | ||||||
22 | sexually motivated as defined in Section 10 of the Sex | ||||||
23 | Offender Evaluation and Treatment Act, and the offense was | ||||||
24 | committed on or after January 1, 1996: | ||||||
25 | 10-1 (kidnapping), | ||||||
26 | 10-2 (aggravated kidnapping), |
| |||||||
| |||||||
1 | 10-3 (unlawful restraint), | ||||||
2 | 10-3.1 (aggravated unlawful restraint). | ||||||
3 | If the offense was committed before January 1, 1996, | ||||||
4 | it is a sex offense requiring registration only when the | ||||||
5 | person is convicted of any felony after July 1, 2011, and | ||||||
6 | paragraph (2.1) of subsection (c) of Section 3 of this Act | ||||||
7 | applies. | ||||||
8 | (1.6) First degree murder under Section 9-1 of the | ||||||
9 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
10 | provided the offense was sexually motivated as defined in | ||||||
11 | Section 10 of the Sex Offender Management Board Act. | ||||||
12 | (1.7) (Blank). | ||||||
13 | (1.8) A violation or attempted violation of Section | ||||||
14 | 11-11 (sexual relations within families) of the Criminal | ||||||
15 | Code of 1961 or the Criminal Code of 2012, and the offense | ||||||
16 | was committed on or after June 1, 1997. If the offense was | ||||||
17 | committed before June 1, 1997, it is a sex offense | ||||||
18 | requiring registration only when the person is convicted | ||||||
19 | of any felony after July 1, 2011, and paragraph (2.1) of | ||||||
20 | subsection (c) of Section 3 of this Act applies. | ||||||
21 | (1.9) Child abduction under paragraph (10) of | ||||||
22 | subsection (b) of Section 10-5 of the Criminal Code of | ||||||
23 | 1961 or the Criminal Code of 2012 committed by luring or | ||||||
24 | attempting to lure a child under the age of 16 into a motor | ||||||
25 | vehicle, building, house trailer, or dwelling place | ||||||
26 | without the consent of the parent or lawful custodian of |
| |||||||
| |||||||
1 | the child for other than a lawful purpose and the offense | ||||||
2 | was committed on or after January 1, 1998, provided the | ||||||
3 | offense was sexually motivated as defined in Section 10 of | ||||||
4 | the Sex Offender Management Board Act. If the offense was | ||||||
5 | committed before January 1, 1998, it is a sex offense | ||||||
6 | requiring registration only when the person is convicted | ||||||
7 | of any felony after July 1, 2011, and paragraph (2.1) of | ||||||
8 | subsection (c) of Section 3 of this Act applies. | ||||||
9 | (1.10) A violation or attempted violation of any of | ||||||
10 | the following Sections of the Criminal Code of 1961 or the | ||||||
11 | Criminal Code of 2012 when the offense was committed on or | ||||||
12 | after July 1, 1999: | ||||||
13 | 10-4 (forcible detention, if the victim is under | ||||||
14 | 18 years of age), provided the offense was sexually | ||||||
15 | motivated as defined in Section 10 of the Sex Offender | ||||||
16 | Management Board Act, | ||||||
17 | 11-6.5 (indecent solicitation of an adult), | ||||||
18 | 11-14.3 that involves soliciting for a person | ||||||
19 | engaged in the sex trade prostitute , or 11-15 | ||||||
20 | (soliciting for a person engaged in the sex trade | ||||||
21 | prostitute , if the victim is under 18 years of age), | ||||||
22 | subdivision (a)(2)(A) or (a)(2)(B) of Section | ||||||
23 | 11-14.3, or Section 11-16 (pandering, if the victim is | ||||||
24 | under 18 years of age), | ||||||
25 | 11-18 (patronizing a person engaged in the sex | ||||||
26 | trade prostitute , if the victim is under 18 years of |
| |||||||
| |||||||
1 | age), | ||||||
2 | subdivision (a)(2)(C) of Section 11-14.3, or | ||||||
3 | Section 11-19 (pimping, if the victim is under 18 | ||||||
4 | years of age). | ||||||
5 | If the offense was committed before July 1, 1999, it | ||||||
6 | is a sex offense requiring registration only when the | ||||||
7 | person is convicted of any felony after July 1, 2011, and | ||||||
8 | paragraph (2.1) of subsection (c) of Section 3 of this Act | ||||||
9 | applies. | ||||||
10 | (1.11) A violation or attempted violation of any of | ||||||
11 | the following Sections of the Criminal Code of 1961 or the | ||||||
12 | Criminal Code of 2012 when the offense was committed on or | ||||||
13 | after August 22, 2002: | ||||||
14 | 11-9 or 11-30 (public indecency for a third or | ||||||
15 | subsequent conviction). | ||||||
16 | If the third or subsequent conviction was imposed | ||||||
17 | before August 22, 2002, it is a sex offense requiring | ||||||
18 | registration only when the person is convicted of any | ||||||
19 | felony after July 1, 2011, and paragraph (2.1) of | ||||||
20 | subsection (c) of Section 3 of this Act applies. | ||||||
21 | (1.12) A violation or attempted violation of Section | ||||||
22 | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the | ||||||
23 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
24 | (permitting sexual abuse) when the offense was committed | ||||||
25 | on or after August 22, 2002. If the offense was committed | ||||||
26 | before August 22, 2002, it is a sex offense requiring |
| |||||||
| |||||||
1 | registration only when the person is convicted of any | ||||||
2 | felony after July 1, 2011, and paragraph (2.1) of | ||||||
3 | subsection (c) of Section 3 of this Act applies. | ||||||
4 | (2) A violation of any former law of this State | ||||||
5 | substantially equivalent to any offense listed in | ||||||
6 | subsection (B) of this Section. | ||||||
7 | (C) A conviction for an offense of federal law, Uniform | ||||||
8 | Code of Military Justice, or the law of another state or a | ||||||
9 | foreign country that is substantially equivalent to any | ||||||
10 | offense listed in subsections (B), (C), (E), and (E-5) of this | ||||||
11 | Section shall constitute a conviction for the purpose of this | ||||||
12 | Article. A finding or adjudication as a sexually dangerous | ||||||
13 | person or a sexually violent person under any federal law, | ||||||
14 | Uniform Code of Military Justice, or the law of another state | ||||||
15 | or foreign country that is substantially equivalent to the | ||||||
16 | Sexually Dangerous Persons Act or the Sexually Violent Persons | ||||||
17 | Commitment Act shall constitute an adjudication for the | ||||||
18 | purposes of this Article. | ||||||
19 | (C-5) A person at least 17 years of age at the time of the | ||||||
20 | commission of the offense who is convicted of first degree | ||||||
21 | murder under Section 9-1 of the Criminal Code of 1961 or the | ||||||
22 | Criminal Code of 2012, against a person under 18 years of age, | ||||||
23 | shall be required to register for natural life. A conviction | ||||||
24 | for an offense of federal, Uniform Code of Military Justice, | ||||||
25 | sister state, or foreign country law that is substantially | ||||||
26 | equivalent to any offense listed in subsection (C-5) of this |
| |||||||
| |||||||
1 | Section shall constitute a conviction for the purpose of this | ||||||
2 | Article. This subsection (C-5) applies to a person who | ||||||
3 | committed the offense before June 1, 1996 if: (i) the person is | ||||||
4 | incarcerated in an Illinois Department of Corrections facility | ||||||
5 | on August 20, 2004 (the effective date of Public Act 93-977), | ||||||
6 | or (ii) subparagraph (i) does not apply and the person is | ||||||
7 | convicted of any felony after July 1, 2011, and paragraph | ||||||
8 | (2.1) of subsection (c) of Section 3 of this Act applies. | ||||||
9 | (C-6) A person who is convicted or adjudicated delinquent | ||||||
10 | of first degree murder as defined in Section 9-1 of the | ||||||
11 | Criminal Code of 1961 or the Criminal Code of 2012, against a | ||||||
12 | person 18 years of age or over, shall be required to register | ||||||
13 | for his or her natural life. A conviction for an offense of | ||||||
14 | federal, Uniform Code of Military Justice, sister state, or | ||||||
15 | foreign country law that is substantially equivalent to any | ||||||
16 | offense listed in subsection (C-6) of this Section shall | ||||||
17 | constitute a conviction for the purpose of this Article. This | ||||||
18 | subsection (C-6) does not apply to those individuals released | ||||||
19 | from incarceration more than 10 years prior to January 1, 2012 | ||||||
20 | (the effective date of Public Act 97-154). | ||||||
21 | (D) As used in this Article, "law enforcement agency | ||||||
22 | having jurisdiction" means the Chief of Police in each of the | ||||||
23 | municipalities in which the sex offender expects to reside, | ||||||
24 | work, or attend school (1) upon his or her discharge, parole or | ||||||
25 | release or (2) during the service of his or her sentence of | ||||||
26 | probation or conditional discharge, or the Sheriff of the |
| |||||||
| |||||||
1 | county, in the event no Police Chief exists or if the offender | ||||||
2 | intends to reside, work, or attend school in an unincorporated | ||||||
3 | area. "Law enforcement agency having jurisdiction" includes | ||||||
4 | the location where out-of-state students attend school and | ||||||
5 | where out-of-state employees are employed or are otherwise | ||||||
6 | required to register. | ||||||
7 | (D-1) As used in this Article, "supervising officer" means | ||||||
8 | the assigned Illinois Department of Corrections parole agent | ||||||
9 | or county probation officer. | ||||||
10 | (E) As used in this Article, "sexual predator" means any | ||||||
11 | person who, after July 1, 1999, is: | ||||||
12 | (1) Convicted for an offense of federal, Uniform Code | ||||||
13 | of Military Justice, sister state, or foreign country law | ||||||
14 | that is substantially equivalent to any offense listed in | ||||||
15 | subsection (E) or (E-5) of this Section shall constitute a | ||||||
16 | conviction for the purpose of this Article. Convicted of a | ||||||
17 | violation or attempted violation of any of the following | ||||||
18 | Sections of the Criminal Code of 1961 or the Criminal Code | ||||||
19 | of 2012: | ||||||
20 | 10-5.1 (luring of a minor), | ||||||
21 | 11-14.4 that involves keeping a place of | ||||||
22 | commercial sexual exploitation of a child juvenile | ||||||
23 | prostitution , or 11-17.1 (keeping a place of | ||||||
24 | commercial sexual exploitation of a child juvenile | ||||||
25 | prostitution ), | ||||||
26 | subdivision (a)(2) or (a)(3) of Section 11-14.4, |
| |||||||
| |||||||
1 | or Section 11-19.1 (juvenile pimping), | ||||||
2 | subdivision (a)(4) of Section 11-14.4, or Section | ||||||
3 | 11-19.2 (exploitation of a child), | ||||||
4 | 11-20.1 (child pornography), | ||||||
5 | 11-20.1B or 11-20.3 (aggravated child | ||||||
6 | pornography), | ||||||
7 | 11-1.20 or 12-13 (criminal sexual assault), | ||||||
8 | 11-1.30 or 12-14 (aggravated criminal sexual | ||||||
9 | assault), | ||||||
10 | 11-1.40 or 12-14.1 (predatory criminal sexual | ||||||
11 | assault of a child), | ||||||
12 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
13 | abuse), | ||||||
14 | 12-33 (ritualized abuse of a child); | ||||||
15 | (2) (blank); | ||||||
16 | (3) declared as a sexually dangerous person pursuant | ||||||
17 | to the Sexually Dangerous Persons Act or any substantially | ||||||
18 | similar federal, Uniform Code of Military Justice, sister | ||||||
19 | state, or foreign country law; | ||||||
20 | (4) found to be a sexually violent person pursuant to | ||||||
21 | the Sexually Violent Persons Commitment Act or any | ||||||
22 | substantially similar federal, Uniform Code of Military | ||||||
23 | Justice, sister state, or foreign country law; | ||||||
24 | (5) convicted of a second or subsequent offense which | ||||||
25 | requires registration pursuant to this Act. For purposes | ||||||
26 | of this paragraph (5), "convicted" shall include a |
| |||||||
| |||||||
1 | conviction under any substantially similar Illinois, | ||||||
2 | federal, Uniform Code of Military Justice, sister state, | ||||||
3 | or foreign country law; | ||||||
4 | (6) (blank); or | ||||||
5 | (7) if the person was convicted of an offense set | ||||||
6 | forth in this subsection (E) on or before July 1, 1999, the | ||||||
7 | person is a sexual predator for whom registration is | ||||||
8 | required only when the person is convicted of a felony | ||||||
9 | offense after July 1, 2011, and paragraph (2.1) of | ||||||
10 | subsection (c) of Section 3 of this Act applies. | ||||||
11 | (E-5) As used in this Article, "sexual predator" also | ||||||
12 | means a person convicted of a violation or attempted violation | ||||||
13 | of any of the following Sections of the Criminal Code of 1961 | ||||||
14 | or the Criminal Code of 2012: | ||||||
15 | (1) Section 9-1 (first degree murder, when the victim | ||||||
16 | was a person under 18 years of age and the defendant was at | ||||||
17 | least 17 years of age at the time of the commission of the | ||||||
18 | offense, provided the offense was sexually motivated as | ||||||
19 | defined in Section 10 of the Sex Offender Management Board | ||||||
20 | Act); | ||||||
21 | (2) Section 11-9.5 (sexual misconduct with a person | ||||||
22 | with a disability); | ||||||
23 | (3) when the victim is a person under 18 years of age, | ||||||
24 | the defendant is not a parent of the victim, the offense | ||||||
25 | was sexually motivated as defined in Section 10 of the Sex | ||||||
26 | Offender Management Board Act, and the offense was |
| |||||||
| |||||||
1 | committed on or after January 1, 1996: (A) Section 10-1 | ||||||
2 | (kidnapping), (B) Section 10-2 (aggravated kidnapping), | ||||||
3 | (C) Section 10-3 (unlawful restraint), and (D) Section | ||||||
4 | 10-3.1 (aggravated unlawful restraint); and | ||||||
5 | (4) Section 10-5(b)(10) (child abduction committed by | ||||||
6 | luring or attempting to lure a child under the age of 16 | ||||||
7 | into a motor vehicle, building, house trailer, or dwelling | ||||||
8 | place without the consent of the parent or lawful | ||||||
9 | custodian of the child for other than a lawful purpose and | ||||||
10 | the offense was committed on or after January 1, 1998, | ||||||
11 | provided the offense was sexually motivated as defined in | ||||||
12 | Section 10 of the Sex Offender Management Board Act). | ||||||
13 | (E-10) As used in this Article, "sexual predator" also | ||||||
14 | means a person required to register in another State due to a | ||||||
15 | conviction, adjudication or other action of any court | ||||||
16 | triggering an obligation to register as a sex offender, sexual | ||||||
17 | predator, or substantially similar status under the laws of | ||||||
18 | that State. | ||||||
19 | (F) As used in this Article, "out-of-state student" means | ||||||
20 | any sex offender, as defined in this Section, or sexual | ||||||
21 | predator who is enrolled in Illinois, on a full-time or | ||||||
22 | part-time basis, in any public or private educational | ||||||
23 | institution, including, but not limited to, any secondary | ||||||
24 | school, trade or professional institution, or institution of | ||||||
25 | higher learning. | ||||||
26 | (G) As used in this Article, "out-of-state employee" means |
| |||||||
| |||||||
1 | any sex offender, as defined in this Section, or sexual | ||||||
2 | predator who works in Illinois, regardless of whether the | ||||||
3 | individual receives payment for services performed, for a | ||||||
4 | period of time of 10 or more days or for an aggregate period of | ||||||
5 | time of 30 or more days during any calendar year. Persons who | ||||||
6 | operate motor vehicles in the State accrue one day of | ||||||
7 | employment time for any portion of a day spent in Illinois. | ||||||
8 | (H) As used in this Article, "school" means any public or | ||||||
9 | private educational institution, including, but not limited | ||||||
10 | to, any elementary or secondary school, trade or professional | ||||||
11 | institution, or institution of higher education. | ||||||
12 | (I) As used in this Article, "fixed residence" means any | ||||||
13 | and all places that a sex offender resides for an aggregate | ||||||
14 | period of time of 5 or more days in a calendar year. | ||||||
15 | (J) As used in this Article, "Internet protocol address" | ||||||
16 | means the string of numbers by which a location on the Internet | ||||||
17 | is identified by routers or other computers connected to the | ||||||
18 | Internet. | ||||||
19 | (Source: P.A. 100-428, eff. 1-1-18 .)
| ||||||
20 | Section 165. The Code of Civil Procedure is amended by | ||||||
21 | changing Section 8-802.1 as follows:
| ||||||
22 | (735 ILCS 5/8-802.1) (from Ch. 110, par. 8-802.1) | ||||||
23 | Sec. 8-802.1. Confidentiality of statements made to rape | ||||||
24 | crisis personnel. |
| |||||||
| |||||||
1 | (a) Purpose. This Section is intended to protect victims | ||||||
2 | of rape from public disclosure of statements they make in | ||||||
3 | confidence to counselors of organizations established to help | ||||||
4 | them. On or after July 1, 1984, "rape" means an act of forced | ||||||
5 | sexual penetration or sexual conduct, as defined in Section | ||||||
6 | 11-0.1 of the Criminal Code of 2012, including acts prohibited | ||||||
7 | under Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 | ||||||
8 | of the Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
9 | Because of the fear and stigma that often results from those | ||||||
10 | crimes, many victims hesitate to seek help even where it is | ||||||
11 | available at no cost to them. As a result they not only fail to | ||||||
12 | receive needed medical care and emergency counseling, but may | ||||||
13 | lack the psychological support necessary to report the crime | ||||||
14 | and aid police in preventing future crimes. | ||||||
15 | (b) Definitions. As used in this Act: | ||||||
16 | (1) "Rape crisis organization" means any organization | ||||||
17 | or association a major purpose of which is providing | ||||||
18 | information, counseling, and psychological support to | ||||||
19 | victims of any or all of the crimes of aggravated criminal | ||||||
20 | sexual assault, predatory criminal sexual assault of a | ||||||
21 | child, criminal sexual assault, sexual relations between | ||||||
22 | siblings, criminal sexual abuse and aggravated criminal | ||||||
23 | sexual abuse. "Rape crisis organization" includes, but is | ||||||
24 | not limited to, rape crisis centers certified by a | ||||||
25 | statewide sexual assault coalition. | ||||||
26 | (2) "Rape crisis counselor" means a person who is a |
| |||||||
| |||||||
1 | psychologist, social worker, employee, or volunteer in any | ||||||
2 | organization or association defined as a rape crisis | ||||||
3 | organization under this Section, who has undergone 40 | ||||||
4 | hours of training and is under the control of a direct | ||||||
5 | services supervisor of a rape crisis organization. | ||||||
6 | (3) "Victim" means a person who is the subject of, or | ||||||
7 | who seeks information, counseling, or advocacy services as | ||||||
8 | a result of an aggravated criminal sexual assault, | ||||||
9 | predatory criminal sexual assault of a child, criminal | ||||||
10 | sexual assault, sexual relations within families, criminal | ||||||
11 | sexual abuse, aggravated criminal sexual abuse, sexual | ||||||
12 | exploitation of a child, indecent solicitation of a child, | ||||||
13 | public indecency, exploitation of a child, promoting | ||||||
14 | commercial sexual exploitation of a child juvenile | ||||||
15 | prostitution as described in subdivision (a)(4) of Section | ||||||
16 | 11-14.4, or an attempt to commit any of these offenses. | ||||||
17 | (4) "Confidential communication" means any | ||||||
18 | communication between a victim and a rape crisis counselor | ||||||
19 | in the course of providing information, counseling, and | ||||||
20 | advocacy. The term includes all records kept by the | ||||||
21 | counselor or by the organization in the course of | ||||||
22 | providing services to an alleged victim concerning the | ||||||
23 | alleged victim and the services provided. | ||||||
24 | (c) Waiver of privilege. | ||||||
25 | (1) The confidential nature of the communication is | ||||||
26 | not waived by: the presence of a third person who further |
| |||||||
| |||||||
1 | expresses the interests of the victim at the time of the | ||||||
2 | communication; group counseling; or disclosure to a third | ||||||
3 | person with the consent of the victim when reasonably | ||||||
4 | necessary to accomplish the purpose for which the | ||||||
5 | counselor is consulted. | ||||||
6 | (2) The confidential nature of counseling records is | ||||||
7 | not waived when: the victim inspects the records; or in | ||||||
8 | the case of a minor child less than 12 years of age, a | ||||||
9 | parent or guardian whose interests are not adverse to the | ||||||
10 | minor inspects the records; or in the case of a minor | ||||||
11 | victim 12 years or older, a parent or guardian whose | ||||||
12 | interests are not adverse to the minor inspects the | ||||||
13 | records with the victim's consent, or in the case of an | ||||||
14 | adult who has a guardian of his or her person, the guardian | ||||||
15 | inspects the records with the victim's consent. | ||||||
16 | (3) When a victim is deceased, the executor or | ||||||
17 | administrator of the victim's estate may waive the | ||||||
18 | privilege established by this Section, unless the executor | ||||||
19 | or administrator has an interest adverse to the victim. | ||||||
20 | (4) A minor victim 12 years of age or older may | ||||||
21 | knowingly waive the privilege established in this Section. | ||||||
22 | When a minor is, in the opinion of the Court, incapable of | ||||||
23 | knowingly waiving the privilege, the parent or guardian of | ||||||
24 | the minor may waive the privilege on behalf of the minor, | ||||||
25 | unless the parent or guardian has been charged with a | ||||||
26 | violent crime against the victim or otherwise has any |
| |||||||
| |||||||
1 | interest adverse to that of the minor with respect to the | ||||||
2 | waiver of the privilege. | ||||||
3 | (5) An adult victim who has a guardian of his or her | ||||||
4 | person may knowingly waive the privilege established in | ||||||
5 | this Section. When the victim is, in the opinion of the | ||||||
6 | court, incapable of knowingly waiving the privilege, the | ||||||
7 | guardian of the adult victim may waive the privilege on | ||||||
8 | behalf of the victim, unless the guardian has been charged | ||||||
9 | with a violent crime against the victim or otherwise has | ||||||
10 | any interest adverse to the victim with respect to the | ||||||
11 | privilege. | ||||||
12 | (d) Confidentiality. Except as provided in this Act, no | ||||||
13 | rape crisis counselor shall disclose any confidential | ||||||
14 | communication or be examined as a witness in any civil or | ||||||
15 | criminal proceeding as to any confidential communication | ||||||
16 | without the written consent of the victim or a representative | ||||||
17 | of the victim as provided in subparagraph (c). | ||||||
18 | (e) A rape crisis counselor may disclose a confidential | ||||||
19 | communication without the consent of the victim if failure to | ||||||
20 | disclose is likely to result in a clear, imminent risk of | ||||||
21 | serious physical injury or death of the victim or another | ||||||
22 | person. Any rape crisis counselor or rape crisis organization | ||||||
23 | participating in good faith in the disclosing of records and | ||||||
24 | communications under this Act shall have immunity from any | ||||||
25 | liability, civil, criminal, or otherwise that might result | ||||||
26 | from the action. In any proceeding, civil or criminal, arising |
| |||||||
| |||||||
1 | out of a disclosure under this Section, the good faith of any | ||||||
2 | rape crisis counselor or rape crisis organization who | ||||||
3 | disclosed the confidential communication shall be presumed. | ||||||
4 | (f) Any rape crisis counselor who knowingly discloses any | ||||||
5 | confidential communication in violation of this Act commits a | ||||||
6 | Class C misdemeanor. | ||||||
7 | (Source: P.A. 102-469, eff. 1-1-22 .)
| ||||||
8 | Section 170. The Trafficking Victims Protection Act is | ||||||
9 | amended by changing Section 10 as follows:
| ||||||
10 | (740 ILCS 128/10) | ||||||
11 | Sec. 10. Definitions. As used in this Act: | ||||||
12 | "Human trafficking" means a violation or attempted | ||||||
13 | violation of subsection (d) of Section 10-9 of the Criminal | ||||||
14 | Code of 2012. | ||||||
15 | "Involuntary servitude" means a violation or attempted | ||||||
16 | violation of subsection (b) of Section 10-9 of the Criminal | ||||||
17 | Code of 2012. | ||||||
18 | "Sex trade" means a violation or attempted violation of | ||||||
19 | any of the following Sections of the Criminal Code of 1961 or | ||||||
20 | the Criminal Code of 2012: 11-14.3 (promoting prostitution); | ||||||
21 | 11-14.4 (promoting commercial sexual exploitation of a child | ||||||
22 | juvenile prostitution ); 11-15 (soliciting for a person engaged | ||||||
23 | in the sex trade prostitute ); 11-15.1 (soliciting for a | ||||||
24 | sexually exploited child juvenile prostitute ); 11-16 |
| |||||||
| |||||||
1 | (pandering); 11-17 (keeping a place of prostitution); 11-17.1 | ||||||
2 | (keeping a place of commercial sexual exploitation of a child | ||||||
3 | juvenile prostitution ); 11-19 (pimping); 11-19.1 (juvenile | ||||||
4 | pimping and aggravated juvenile pimping); 11-19.2 | ||||||
5 | (exploitation of a child); 11-20 (obscenity); 11-20.1 (child | ||||||
6 | pornography); 11-20.1B or 11-20.3 (aggravated child | ||||||
7 | pornography); or subsection (c) of Section 10-9 (involuntary | ||||||
8 | sexual servitude of a minor). | ||||||
9 | "Sex trade" activity may involve adults and youth of all | ||||||
10 | genders and sexual orientations. | ||||||
11 | "Victim of the sex trade" means, for the following sex | ||||||
12 | trade acts, the person or persons indicated: | ||||||
13 | (1) soliciting for a person engaged in the sex trade | ||||||
14 | prostitute : the person engaged in the sex trade prostitute | ||||||
15 | who is the object of the solicitation; | ||||||
16 | (2) soliciting for a sexually exploited child juvenile | ||||||
17 | prostitute : the sexually exploited child juvenile | ||||||
18 | prostitute , or person with a severe or profound | ||||||
19 | intellectual disability, who is the object of the | ||||||
20 | solicitation; | ||||||
21 | (3) promoting prostitution as described in subdivision | ||||||
22 | (a)(2)(A) or (a)(2)(B) of Section 11-14.3 of the Criminal | ||||||
23 | Code of 1961 or the Criminal Code of 2012, or pandering: | ||||||
24 | the person intended or compelled to act as a person | ||||||
25 | engaged in the sex trade prostitute ; | ||||||
26 | (4) keeping a place of prostitution: any person |
| |||||||
| |||||||
1 | intended or compelled to act as a person engaged in the sex | ||||||
2 | trade prostitute , while present at the place, during the | ||||||
3 | time period in question; | ||||||
4 | (5) keeping a place of commercial sexual exploitation | ||||||
5 | of a child juvenile prostitution : any juvenile intended or | ||||||
6 | compelled to act as a person engaged in the sex trade | ||||||
7 | prostitute , while present at the place, during the time | ||||||
8 | period in question; | ||||||
9 | (6) promoting prostitution as described in subdivision | ||||||
10 | (a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961 | ||||||
11 | or the Criminal Code of 2012, or pimping: the person | ||||||
12 | engaged in the sex trade prostitute from whom anything of | ||||||
13 | value is received; | ||||||
14 | (7) promoting commercial sexual exploitation of a | ||||||
15 | child juvenile prostitution as described in subdivision | ||||||
16 | (a)(2) or (a)(3) of Section 11-14.4 of the Criminal Code | ||||||
17 | of 1961 or the Criminal Code of 2012, or juvenile pimping | ||||||
18 | and aggravated juvenile pimping: the juvenile, or person | ||||||
19 | with a severe or profound intellectual disability, from | ||||||
20 | whom anything of value is received for that person's act | ||||||
21 | of prostitution; | ||||||
22 | (8) promoting commercial sexual exploitation of a | ||||||
23 | child juvenile prostitution as described in subdivision | ||||||
24 | (a)(4) of Section 11-14.4 of the Criminal Code of 1961 or | ||||||
25 | the Criminal Code of 2012, or exploitation of a child: the | ||||||
26 | juvenile, or person with a severe or profound intellectual |
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1 | disability, intended or compelled to act as a person | ||||||
2 | engaged in the sex trade prostitute or from whom anything | ||||||
3 | of value is received for that person's act of | ||||||
4 | prostitution; | ||||||
5 | (9) obscenity: any person who appears in or is | ||||||
6 | described or depicted in the offending conduct or | ||||||
7 | material; | ||||||
8 | (10) child pornography or aggravated child | ||||||
9 | pornography: any child, or person with a severe or | ||||||
10 | profound intellectual disability, who appears in or is | ||||||
11 | described or depicted in the offending conduct or | ||||||
12 | material; or | ||||||
13 | (11) involuntary sexual servitude of a minor as | ||||||
14 | defined in subsection (c) of Section 10-9 of the Criminal | ||||||
15 | Code of 1961 or the Criminal Code of 2012. | ||||||
16 | (Source: P.A. 99-143, eff. 7-27-15; 100-939, eff. 1-1-19 .)
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17 | Section 175. The Illinois Securities Law of 1953 is | ||||||
18 | amended by changing Section 7a as follows:
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19 | (815 ILCS 5/7a) (from Ch. 121 1/2, par. 137.7a) | ||||||
20 | Sec. 7a. (a) Except as provided in subsection (b) of this | ||||||
21 | Section, no securities, issued by an issuer engaged in or | ||||||
22 | deriving revenues from the conduct of any business or | ||||||
23 | profession, the conduct of which would violate Section 11-14, | ||||||
24 | 11-14.3, 11-14.4 as described in subdivision (a)(1), (a)(2), |
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1 | or (a)(3) or that involves soliciting for a sexually exploited | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | child juvenile prostitute , 11-15, 11-15.1, 11-16, 11-17, 11-19 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | or 11-19.1 of the Criminal Code of 1961 or the Criminal Code of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | 2012, if conducted in this State, shall be sold or registered | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | pursuant to Section 5, 6 or 7 of this Act nor sold pursuant to | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | the provisions of Section 3 or 4 of this Act. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | (b) Notwithstanding the provisions of subsection (a) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | hereof, such securities issued prior to the effective date of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | this amendatory Act of 1989 may be sold by a resident of this | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | State in transactions which qualify for an exemption from the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | registration requirements of this Act pursuant to subsection A | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | of Section 4 of this Act. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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