Bill Text: IL SB2391 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Provides that the Act may be referred to as the Keeping Sex Workers Safe Act. Creates the Sex Workers' Bill of Rights Act. Provides that sex workers shall not be subject to criminal prosecution for engaging in consensual sex work. Provides that law enforcement agencies are prohibited from arresting, charging, or prosecuting individuals solely for performing or engaging in sex work. Provides that sex workers, whether employed, contracted, or self-employed, shall be afforded the same rights and protections as other workers under Illinois law, including, but not limited to: (1) minimum wage and hour protections; (2) protection against discrimination, harassment, and unsafe working conditions; (3) access to workers' compensation and health benefits if applicable; and (4) protection of privacy and freedom from surveillance. Provides that employers, clients, or those benefiting from the services of sex workers must ensure safe working conditions, including protection from violence, exploitation, and human trafficking. Provides that sex workers operating as independent contractors shall be treated as legitimate sole proprietors or businesses under Illinois law. Provides that sex workers have the right to control their work, negotiate fair contracts, and receive payment for their services without interference or exploitation. Provides that sex workers shall not be discriminated against in access to housing, public services, financial services, or healthcare based on their occupation. Provides that all laws protecting workers from discrimination on the basis of sex, race, gender identity, sexual orientation, or other protected characteristics shall apply equally to sex workers. Defines "sex work" and "sex worker". Amends the Criminal Code of 2012. Repeals the offenses of prostitution and patronizing a prostitute. Amends various Acts to make conforming changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-07 - Referred to Assignments [SB2391 Detail]

Download: Illinois-2025-SB2391-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2391 Introduced 2/7/2025, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED:
See Index
Provides that the Act may be referred to as the Keeping Sex Workers Safe Act. Creates the Sex Workers' Bill of Rights Act. Provides that sex workers shall not be subject to criminal prosecution for engaging in consensual sex work. Provides that law enforcement agencies are prohibited from arresting, charging, or prosecuting individuals solely for performing or engaging in sex work. Provides that sex workers, whether employed, contracted, or self-employed, shall be afforded the same rights and protections as other workers under Illinois law, including, but not limited to: (1) minimum wage and hour protections; (2) protection against discrimination, harassment, and unsafe working conditions; (3) access to workers' compensation and health benefits if applicable; and (4) protection of privacy and freedom from surveillance. Provides that employers, clients, or those benefiting from the services of sex workers must ensure safe working conditions, including protection from violence, exploitation, and human trafficking. Provides that sex workers operating as independent contractors shall be treated as legitimate sole proprietors or businesses under Illinois law. Provides that sex workers have the right to control their work, negotiate fair contracts, and receive payment for their services without interference or exploitation. Provides that sex workers shall not be discriminated against in access to housing, public services, financial services, or healthcare based on their occupation. Provides that all laws protecting workers from discrimination on the basis of sex, race, gender identity, sexual orientation, or other protected characteristics shall apply equally to sex workers. Defines "sex work" and "sex worker". Amends the Criminal Code of 2012. Repeals the offenses of prostitution and patronizing a prostitute. Amends various Acts to make conforming changes. Effective immediately.
LRB104 08998 RLC 20871 b
A BILL FOR
SB2391 LRB104 08998 RLC 20871 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 1
Section 1-1. This Act may be referred to as the Keeping Sex
Workers Safe Act.
Section 1-5. Findings. The General Assembly finds and
declares the following:
(1) Sex workers deserve to be safe. Yet, sex workers live
under the near constant threat of violence: 75% of all sex
workers will experience sexual violence in their careers and
nearly two-thirds of all Trans people killed in the past
decade were sex workers. No one deserves to work under the
umbrella of this much violence.
(2) It is the criminalization of adult consensual sex work
that makes it so dangerous. When adult consensual sex work is
decriminalized, sex workers can vet their clients, can always
meet clients in safe spaces of their own choosing, and can go
to law enforcement for protection and support. Additionally,
taxpayer dollars will not be used to target adults engaged in
consensual sex rather than violent and cruel offenders.
(3) Women and people of color are disproportionately

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harmed by the criminalization of sex work. According to the
FBI, of all arrests nationwide for prostitution in 2019, 61%
of those arrested were women. And 42% of those arrested
identified as Black while an additional 19% identified as
Latinx.
(4) We are currently living in a time where too many
powerful forces are trying to take away people's bodily
autonomy. We saw this with the Dobbs decision ending the right
to abortion. We are seeing this in real time with the
criminalization of gender affirming care. We see this with
anti-LGBTQ+ legislation sweeping state legislatures across the
country. We can't be truly free when our adult consensual
sexual relationships are criminalized.
(5) There is a growing movement in support of the full
decriminalization of sex work. In particular, in September
2023, the UN Working Group on Discrimination Against Women &
Girls called for full decriminalization of sex work globally
as a human rights issue necessary to keep sex workers safe and
free from stigmatization and harm.
(6) Full decriminalization of adult consensual sex work is
the only model that helps keep sex workers safe. Any other
model keeps sex workers in the shadows. To help keep sex
workers safe, Illinois should fully decriminalize adult
consensual sex work and establish a bill of rights for sex
work.

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ARTICLE 5
Section 5-1. Short title. This Act may be cited as the Sex
Workers' Bill of Rights Act.
Section 5-5. Purpose and findings. Sex workers contribute
to the overall economy and welfare of the State of Illinois.
Historically, sex workers have been subjected to legal
discrimination and exploitation due to the criminalization of
their profession. With the decriminalization of sex work, it
is essential to protect the rights of sex workers and ensure
their equal access to the legal protections afforded to all
other workers, consultants, service providers and independent
contractors. Therefore, the General Assembly declares that sex
workers must be free from prosecution for their work and have
the same legal, health, and safety protections as any other
worker.
Section 5-10. Definitions.In this Act:
"Sex work" means performing consensual sexual services,
erotic performances, or related activities in exchange for
money, goods, or other benefits. "Sex work" does not include
coerced or non-consensual acts, which remain subject to
criminal penalties under the Criminal Code of 2012. "Sex work"
encompasses all forms of adult consensual sex work.
"Sex worker" means a person who performs sex work. "Sex

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worker" includes an individual working independently, as an
employee or under contractual agreement.
Section 5-15. Rights of sex workers.
(a) Freedom from prosecution. Sex workers shall not be
subject to criminal prosecution for engaging in consensual sex
work. Law enforcement agencies are prohibited from arresting,
charging, or prosecuting individuals solely for performing or
engaging in sex work.
(b) Equal employment rights. Sex workers, whether
employed, contracted, or self-employed, shall be afforded the
same rights and protections as other workers under Illinois
law, including, but not limited to:
(1) minimum wage and hour protections;
(2) protection against discrimination, harassment, and
unsafe working conditions;
(3) access to workers' compensation and health
benefits if applicable; and
(4) protection of privacy and freedom from
surveillance.
(c) Health and safety. Sex workers have the right to a safe
and healthy work environment. Employers, clients, or those
benefiting from the services of sex workers must ensure safe
working conditions, including protection from violence,
exploitation, and human trafficking.
(d) Independent contractor protections. Sex workers

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operating as independent contractors shall be treated as
legitimate sole proprietors or businesses under Illinois law.
Sex workers shall have the right to control their work,
negotiate fair contracts, and receive payment for their
services without interference or exploitation.
(e) Non-discrimination. Sex workers shall not be
discriminated against in access to housing, public services,
financial services, or health care based on their occupation.
All laws protecting workers from discrimination on the basis
of sex, race, gender identity, sexual orientation, or other
protected characteristics shall apply equally to sex workers.
ARTICLE 10
Section 10-5. The Criminal Identification Act is amended
by changing Section 5.2 as follows:
(20 ILCS 2630/5.2)
Sec. 5.2. Expungement, sealing, and immediate sealing.
(a) General Provisions.
(1) Definitions. In this Act, words and phrases have
the meanings set forth in this subsection, except when a
particular context clearly requires a different meaning.
(A) The following terms shall have the meanings
ascribed to them in the following Sections of the
Unified Code of Corrections:

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Business Offense, Section 5-1-2.
Charge, Section 5-1-3.
Court, Section 5-1-6.
Defendant, Section 5-1-7.
Felony, Section 5-1-9.
Imprisonment, Section 5-1-10.
Judgment, Section 5-1-12.
Misdemeanor, Section 5-1-14.
Offense, Section 5-1-15.
Parole, Section 5-1-16.
Petty Offense, Section 5-1-17.
Probation, Section 5-1-18.
Sentence, Section 5-1-19.
Supervision, Section 5-1-21.
Victim, Section 5-1-22.
(B) As used in this Section, "charge not initiated
by arrest" means a charge (as defined by Section 5-1-3
of the Unified Code of Corrections) brought against a
defendant where the defendant is not arrested prior to
or as a direct result of the charge.
(C) "Conviction" means a judgment of conviction or
sentence entered upon a plea of guilty or upon a
verdict or finding of guilty of an offense, rendered
by a legally constituted jury or by a court of
competent jurisdiction authorized to try the case
without a jury. An order of supervision successfully

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completed by the petitioner is not a conviction. An
order of qualified probation (as defined in subsection
(a)(1)(J)) successfully completed by the petitioner is
not a conviction. An order of supervision or an order
of qualified probation that is terminated
unsatisfactorily is a conviction, unless the
unsatisfactory termination is reversed, vacated, or
modified and the judgment of conviction, if any, is
reversed or vacated.
(D) "Criminal offense" means a petty offense,
business offense, misdemeanor, felony, or municipal
ordinance violation (as defined in subsection
(a)(1)(H)). As used in this Section, a minor traffic
offense (as defined in subsection (a)(1)(G)) shall not
be considered a criminal offense.
(E) "Expunge" means to physically destroy the
records or return them to the petitioner and to
obliterate the petitioner's name from any official
index or public record, or both. Nothing in this Act
shall require the physical destruction of the circuit
court file, but such records relating to arrests or
charges, or both, ordered expunged shall be impounded
as required by subsections (d)(9)(A)(ii) and
(d)(9)(B)(ii).
(F) As used in this Section, "last sentence" means
the sentence, order of supervision, or order of

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qualified probation (as defined by subsection
(a)(1)(J)), for a criminal offense (as defined by
subsection (a)(1)(D)) that terminates last in time in
any jurisdiction, regardless of whether the petitioner
has included the criminal offense for which the
sentence or order of supervision or qualified
probation was imposed in his or her petition. If
multiple sentences, orders of supervision, or orders
of qualified probation terminate on the same day and
are last in time, they shall be collectively
considered the "last sentence" regardless of whether
they were ordered to run concurrently.
(G) "Minor traffic offense" means a petty offense,
business offense, or Class C misdemeanor under the
Illinois Vehicle Code or a similar provision of a
municipal or local ordinance.
(G-5) "Minor Cannabis Offense" means a violation
of Section 4 or 5 of the Cannabis Control Act
concerning not more than 30 grams of any substance
containing cannabis, provided the violation did not
include a penalty enhancement under Section 7 of the
Cannabis Control Act and is not associated with an
arrest, conviction or other disposition for a violent
crime as defined in subsection (c) of Section 3 of the
Rights of Crime Victims and Witnesses Act.
(H) "Municipal ordinance violation" means an

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offense defined by a municipal or local ordinance that
is criminal in nature and with which the petitioner
was charged or for which the petitioner was arrested
and released without charging.
(I) "Petitioner" means an adult or a minor
prosecuted as an adult who has applied for relief
under this Section.
(J) "Qualified probation" means an order of
probation under Section 10 of the Cannabis Control
Act, Section 410 of the Illinois Controlled Substances
Act, Section 70 of the Methamphetamine Control and
Community Protection Act, Section 5-6-3.3 or 5-6-3.4
of the Unified Code of Corrections, Section
12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
those provisions existed before their deletion by
Public Act 89-313), Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section
40-10 of the Substance Use Disorder Act, or Section 10
of the Steroid Control Act. For the purpose of this
Section, "successful completion" of an order of
qualified probation under Section 10-102 of the
Illinois Alcoholism and Other Drug Dependency Act and
Section 40-10 of the Substance Use Disorder Act means
that the probation was terminated satisfactorily and
the judgment of conviction was vacated.
(K) "Seal" means to physically and electronically

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maintain the records, unless the records would
otherwise be destroyed due to age, but to make the
records unavailable without a court order, subject to
the exceptions in Sections 12 and 13 of this Act. The
petitioner's name shall also be obliterated from the
official index required to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts
Act, but any index issued by the circuit court clerk
before the entry of the order to seal shall not be
affected.
(L) "Sexual offense committed against a minor"
includes, but is not limited to, the offenses of
indecent solicitation of a child or criminal sexual
abuse when the victim of such offense is under 18 years
of age.
(M) "Terminate" as it relates to a sentence or
order of supervision or qualified probation includes
either satisfactory or unsatisfactory termination of
the sentence, unless otherwise specified in this
Section. A sentence is terminated notwithstanding any
outstanding financial legal obligation.
(2) Minor Traffic Offenses. Orders of supervision or
convictions for minor traffic offenses shall not affect a
petitioner's eligibility to expunge or seal records
pursuant to this Section.
(2.5) Commencing 180 days after July 29, 2016 (the

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effective date of Public Act 99-697), the law enforcement
agency issuing the citation shall automatically expunge,
on or before January 1 and July 1 of each year, the law
enforcement records of a person found to have committed a
civil law violation of subsection (a) of Section 4 of the
Cannabis Control Act or subsection (c) of Section 3.5 of
the Drug Paraphernalia Control Act in the law enforcement
agency's possession or control and which contains the
final satisfactory disposition which pertain to the person
issued a citation for that offense. The law enforcement
agency shall provide by rule the process for access,
review, and to confirm the automatic expungement by the
law enforcement agency issuing the citation. Commencing
180 days after July 29, 2016 (the effective date of Public
Act 99-697), the clerk of the circuit court shall expunge,
upon order of the court, or in the absence of a court order
on or before January 1 and July 1 of each year, the court
records of a person found in the circuit court to have
committed a civil law violation of subsection (a) of
Section 4 of the Cannabis Control Act or subsection (c) of
Section 3.5 of the Drug Paraphernalia Control Act in the
clerk's possession or control and which contains the final
satisfactory disposition which pertain to the person
issued a citation for any of those offenses.
(3) Exclusions. Except as otherwise provided in
subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)

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of this Section, the court shall not order:
(A) the sealing or expungement of the records of
arrests or charges not initiated by arrest that result
in an order of supervision for or conviction of: (i)
any sexual offense committed against a minor; (ii)
Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance; or (iii)
Section 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, unless the
arrest or charge is for a misdemeanor violation of
subsection (a) of Section 11-503 or a similar
provision of a local ordinance, that occurred prior to
the offender reaching the age of 25 years and the
offender has no other conviction for violating Section
11-501 or 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance.
(B) the sealing or expungement of records of minor
traffic offenses (as defined in subsection (a)(1)(G)),
unless the petitioner was arrested and released
without charging.
(C) the sealing of the records of arrests or
charges not initiated by arrest which result in an
order of supervision or a conviction for the following
offenses:
(i) offenses included in Article 11 of the
Criminal Code of 1961 or the Criminal Code of 2012

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or a similar provision of a local ordinance,
except Section 11-14 and a misdemeanor violation
of Section 11-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, or a similar provision
of a local ordinance;
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
26-5, or 48-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(iii) Section 12-3.1 or 12-3.2 of the Criminal
Code of 1961 or the Criminal Code of 2012, or
Section 125 of the Stalking No Contact Order Act,
or Section 219 of the Civil No Contact Order Act,
or a similar provision of a local ordinance;
(iv) Class A misdemeanors or felony offenses
under the Humane Care for Animals Act; or
(v) any offense or attempted offense that
would subject a person to registration under the
Sex Offender Registration Act.
(D) (blank).
(b) Expungement.
(1) A petitioner may petition the circuit court to
expunge the records of his or her arrests and charges not
initiated by arrest when each arrest or charge not
initiated by arrest sought to be expunged resulted in: (i)
acquittal, dismissal, or the petitioner's release without

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charging, unless excluded by subsection (a)(3)(B); (ii) a
conviction which was vacated or reversed, unless excluded
by subsection (a)(3)(B); (iii) an order of supervision and
such supervision was successfully completed by the
petitioner, unless excluded by subsection (a)(3)(A) or
(a)(3)(B); or (iv) an order of qualified probation (as
defined in subsection (a)(1)(J)) and such probation was
successfully completed by the petitioner.
(1.5) When a petitioner seeks to have a record of
arrest expunged under this Section, and the offender has
been convicted of a criminal offense, the State's Attorney
may object to the expungement on the grounds that the
records contain specific relevant information aside from
the mere fact of the arrest.
(2) Time frame for filing a petition to expunge.
(A) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an acquittal,
dismissal, the petitioner's release without charging,
or the reversal or vacation of a conviction, there is
no waiting period to petition for the expungement of
such records.
(A-5) In anticipation of the successful completion
of a problem-solving court, pre-plea diversion, or
post-plea diversion program, a petition for
expungement may be filed 61 days before the
anticipated dismissal of the case or any time

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thereafter. Upon successful completion of the program
and dismissal of the case, the court shall review the
petition of the person graduating from the program and
shall grant expungement if the petitioner meets all
requirements as specified in any applicable statute.
(B) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
supervision, successfully completed by the petitioner,
the following time frames will apply:
(i) Those arrests or charges that resulted in
orders of supervision under Section 3-707, 3-708,
3-710, or 5-401.3 of the Illinois Vehicle Code or
a similar provision of a local ordinance, or under
Section 11-1.50, 12-3.2, or 12-15 of the Criminal
Code of 1961 or the Criminal Code of 2012, or a
similar provision of a local ordinance, shall not
be eligible for expungement until 5 years have
passed following the satisfactory termination of
the supervision.
(i-5) Those arrests or charges that resulted
in orders of supervision for a misdemeanor
violation of subsection (a) of Section 11-503 of
the Illinois Vehicle Code or a similar provision
of a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the
offender has no other conviction for violating

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Section 11-501 or 11-503 of the Illinois Vehicle
Code or a similar provision of a local ordinance
shall not be eligible for expungement until the
petitioner has reached the age of 25 years.
(ii) Those arrests or charges that resulted in
orders of supervision for any other offenses shall
not be eligible for expungement until 2 years have
passed following the satisfactory termination of
the supervision.
(C) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
qualified probation, successfully completed by the
petitioner, such records shall not be eligible for
expungement until 5 years have passed following the
satisfactory termination of the probation.
(3) Those records maintained by the Illinois State
Police for persons arrested prior to their 17th birthday
shall be expunged as provided in Section 5-915 of the
Juvenile Court Act of 1987.
(4) Whenever a person has been arrested for or
convicted of any offense, in the name of a person whose
identity he or she has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization,
upon learning of the person having been arrested using his
or her identity, may, upon verified petition to the chief

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judge of the circuit wherein the arrest was made, have a
court order entered nunc pro tunc by the Chief Judge to
correct the arrest record, conviction record, if any, and
all official records of the arresting authority, the
Illinois State Police, other criminal justice agencies,
the prosecutor, and the trial court concerning such
arrest, if any, by removing his or her name from all such
records in connection with the arrest and conviction, if
any, and by inserting in the records the name of the
offender, if known or ascertainable, in lieu of the
aggrieved's name. The records of the circuit court clerk
shall be sealed until further order of the court upon good
cause shown and the name of the aggrieved person
obliterated on the official index required to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act, but the order shall not affect any index
issued by the circuit court clerk before the entry of the
order. Nothing in this Section shall limit the Illinois
State Police or other criminal justice agencies or
prosecutors from listing under an offender's name the
false names he or she has used.
(5) Whenever a person has been convicted of criminal
sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse, the
victim of that offense may request that the State's

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Attorney of the county in which the conviction occurred
file a verified petition with the presiding trial judge at
the petitioner's trial to have a court order entered to
seal the records of the circuit court clerk in connection
with the proceedings of the trial court concerning that
offense. However, the records of the arresting authority
and the Illinois State Police concerning the offense shall
not be sealed. The court, upon good cause shown, shall
make the records of the circuit court clerk in connection
with the proceedings of the trial court concerning the
offense available for public inspection.
(6) If a conviction has been set aside on direct
review or on collateral attack and the court determines by
clear and convincing evidence that the petitioner was
factually innocent of the charge, the court that finds the
petitioner factually innocent of the charge shall enter an
expungement order for the conviction for which the
petitioner has been determined to be innocent as provided
in subsection (b) of Section 5-5-4 of the Unified Code of
Corrections.
(7) Nothing in this Section shall prevent the Illinois
State Police from maintaining all records of any person
who is admitted to probation upon terms and conditions and
who fulfills those terms and conditions pursuant to
Section 10 of the Cannabis Control Act, Section 410 of the
Illinois Controlled Substances Act, Section 70 of the

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Methamphetamine Control and Community Protection Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
Corrections, Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section 40-10 of
the Substance Use Disorder Act, or Section 10 of the
Steroid Control Act.
(8) If the petitioner has been granted a certificate
of innocence under Section 2-702 of the Code of Civil
Procedure, the court that grants the certificate of
innocence shall also enter an order expunging the
conviction for which the petitioner has been determined to
be innocent as provided in subsection (h) of Section 2-702
of the Code of Civil Procedure.
(c) Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any
rights to expungement of criminal records, this subsection
authorizes the sealing of criminal records of adults and
of minors prosecuted as adults. Subsection (g) of this
Section provides for immediate sealing of certain records.
(2) Eligible Records. The following records may be
sealed:
(A) All arrests resulting in release without
charging;

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(B) Arrests or charges not initiated by arrest
resulting in acquittal, dismissal, or conviction when
the conviction was reversed or vacated, except as
excluded by subsection (a)(3)(B);
(C) Arrests or charges not initiated by arrest
resulting in orders of supervision, including orders
of supervision for municipal ordinance violations,
successfully completed by the petitioner, unless
excluded by subsection (a)(3);
(D) Arrests or charges not initiated by arrest
resulting in convictions, including convictions on
municipal ordinance violations, unless excluded by
subsection (a)(3);
(E) Arrests or charges not initiated by arrest
resulting in orders of first offender probation under
Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, Section 70 of
the Methamphetamine Control and Community Protection
Act, or Section 5-6-3.3 of the Unified Code of
Corrections; and
(F) Arrests or charges not initiated by arrest
resulting in felony convictions unless otherwise
excluded by subsection (a) paragraph (3) of this
Section.
(3) When Records Are Eligible to Be Sealed. Records
identified as eligible under subsection (c)(2) may be

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sealed as follows:
(A) Records identified as eligible under
subsections (c)(2)(A) and (c)(2)(B) may be sealed at
any time.
(B) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsection (c)(2)(C) may be sealed 2
years after the termination of petitioner's last
sentence (as defined in subsection (a)(1)(F)).
(C) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsections (c)(2)(D), (c)(2)(E), and
(c)(2)(F) may be sealed 3 years after the termination
of the petitioner's last sentence (as defined in
subsection (a)(1)(F)). Convictions requiring public
registration under the Arsonist Registry Act, the Sex
Offender Registration Act, or the Murderer and Violent
Offender Against Youth Registration Act may not be
sealed until the petitioner is no longer required to
register under that relevant Act.
(D) Records identified in subsection
(a)(3)(A)(iii) may be sealed after the petitioner has
reached the age of 25 years.
(E) Records identified as eligible under
subsection (c)(2)(C), (c)(2)(D), (c)(2)(E), or
(c)(2)(F) may be sealed upon termination of the

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petitioner's last sentence if the petitioner earned a
high school diploma, associate's degree, career
certificate, vocational technical certification, or
bachelor's degree, or passed the high school level
Test of General Educational Development, during the
period of his or her sentence or mandatory supervised
release. This subparagraph shall apply only to a
petitioner who has not completed the same educational
goal prior to the period of his or her sentence or
mandatory supervised release. If a petition for
sealing eligible records filed under this subparagraph
is denied by the court, the time periods under
subparagraph (B) or (C) shall apply to any subsequent
petition for sealing filed by the petitioner.
(4) Subsequent felony convictions. A person may not
have subsequent felony conviction records sealed as
provided in this subsection (c) if he or she is convicted
of any felony offense after the date of the sealing of
prior felony convictions as provided in this subsection
(c). The court may, upon conviction for a subsequent
felony offense, order the unsealing of prior felony
conviction records previously ordered sealed by the court.
(5) Notice of eligibility for sealing. Upon entry of a
disposition for an eligible record under this subsection
(c), the petitioner shall be informed by the court of the
right to have the records sealed and the procedures for

SB2391 - 23 - LRB104 08998 RLC 20871 b
the sealing of the records.
(d) Procedure. The following procedures apply to
expungement under subsections (b), (e), and (e-6) and sealing
under subsections (c) and (e-5):
(1) Filing the petition. Upon becoming eligible to
petition for the expungement or sealing of records under
this Section, the petitioner shall file a petition
requesting the expungement or sealing of records with the
clerk of the court where the arrests occurred or the
charges were brought, or both. If arrests occurred or
charges were brought in multiple jurisdictions, a petition
must be filed in each such jurisdiction. The petitioner
shall pay the applicable fee, except no fee shall be
required if the petitioner has obtained a court order
waiving fees under Supreme Court Rule 298 or it is
otherwise waived.
(1.5) County fee waiver pilot program. From August 9,
2019 (the effective date of Public Act 101-306) through
December 31, 2020, in a county of 3,000,000 or more
inhabitants, no fee shall be required to be paid by a
petitioner if the records sought to be expunged or sealed
were arrests resulting in release without charging or
arrests or charges not initiated by arrest resulting in
acquittal, dismissal, or conviction when the conviction
was reversed or vacated, unless excluded by subsection
(a)(3)(B). The provisions of this paragraph (1.5), other

SB2391 - 24 - LRB104 08998 RLC 20871 b
than this sentence, are inoperative on and after January
1, 2022.
(2) Contents of petition. The petition shall be
verified and shall contain the petitioner's name, date of
birth, current address and, for each arrest or charge not
initiated by arrest sought to be sealed or expunged, the
case number, the date of arrest (if any), the identity of
the arresting authority, and such other information as the
court may require. During the pendency of the proceeding,
the petitioner shall promptly notify the circuit court
clerk of any change of his or her address. If the
petitioner has received a certificate of eligibility for
sealing from the Prisoner Review Board under paragraph
(10) of subsection (a) of Section 3-3-2 of the Unified
Code of Corrections, the certificate shall be attached to
the petition.
(3) Drug test. The petitioner must attach to the
petition proof that the petitioner has taken within 30
days before the filing of the petition a test showing the
absence within his or her body of all illegal substances
as defined by the Illinois Controlled Substances Act and
the Methamphetamine Control and Community Protection Act
if he or she is petitioning to:
(A) seal felony records under clause (c)(2)(E);
(B) seal felony records for a violation of the
Illinois Controlled Substances Act, the

SB2391 - 25 - LRB104 08998 RLC 20871 b
Methamphetamine Control and Community Protection Act,
or the Cannabis Control Act under clause (c)(2)(F);
(C) seal felony records under subsection (e-5); or
(D) expunge felony records of a qualified
probation under clause (b)(1)(iv).
(4) Service of petition. The circuit court clerk shall
promptly serve a copy of the petition and documentation to
support the petition under subsection (e-5) or (e-6) on
the State's Attorney or prosecutor charged with the duty
of prosecuting the offense, the Illinois State Police, the
arresting agency and the chief legal officer of the unit
of local government effecting the arrest.
(5) Objections.
(A) Any party entitled to notice of the petition
may file an objection to the petition. All objections
shall be in writing, shall be filed with the circuit
court clerk, and shall state with specificity the
basis of the objection. Whenever a person who has been
convicted of an offense is granted a pardon by the
Governor which specifically authorizes expungement, an
objection to the petition may not be filed.
(B) Objections to a petition to expunge or seal
must be filed within 60 days of the date of service of
the petition.
(6) Entry of order.
(A) The Chief Judge of the circuit wherein the

SB2391 - 26 - LRB104 08998 RLC 20871 b
charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less
than 3,000,000 inhabitants, the presiding trial judge
at the petitioner's trial, if any, shall rule on the
petition to expunge or seal as set forth in this
subsection (d)(6).
(B) Unless the State's Attorney or prosecutor, the
Illinois State Police, the arresting agency, or the
chief legal officer files an objection to the petition
to expunge or seal within 60 days from the date of
service of the petition, the court shall enter an
order granting or denying the petition.
(C) Notwithstanding any other provision of law,
the court shall not deny a petition for sealing under
this Section because the petitioner has not satisfied
an outstanding legal financial obligation established,
imposed, or originated by a court, law enforcement
agency, or a municipal, State, county, or other unit
of local government, including, but not limited to,
any cost, assessment, fine, or fee. An outstanding
legal financial obligation does not include any court
ordered restitution to a victim under Section 5-5-6 of
the Unified Code of Corrections, unless the
restitution has been converted to a civil judgment.
Nothing in this subparagraph (C) waives, rescinds, or
abrogates a legal financial obligation or otherwise

SB2391 - 27 - LRB104 08998 RLC 20871 b
eliminates or affects the right of the holder of any
financial obligation to pursue collection under
applicable federal, State, or local law.
(D) Notwithstanding any other provision of law,
the court shall not deny a petition to expunge or seal
under this Section because the petitioner has
submitted a drug test taken within 30 days before the
filing of the petition to expunge or seal that
indicates a positive test for the presence of cannabis
within the petitioner's body. In this subparagraph
(D), "cannabis" has the meaning ascribed to it in
Section 3 of the Cannabis Control Act.
(7) Hearings. If an objection is filed, the court
shall set a date for a hearing and notify the petitioner
and all parties entitled to notice of the petition of the
hearing date at least 30 days prior to the hearing. Prior
to the hearing, the State's Attorney shall consult with
the Illinois State Police as to the appropriateness of the
relief sought in the petition to expunge or seal. At the
hearing, the court shall hear evidence on whether the
petition should or should not be granted, and shall grant
or deny the petition to expunge or seal the records based
on the evidence presented at the hearing. The court may
consider the following:
(A) the strength of the evidence supporting the
defendant's conviction;

SB2391 - 28 - LRB104 08998 RLC 20871 b
(B) the reasons for retention of the conviction
records by the State;
(C) the petitioner's age, criminal record history,
and employment history;
(D) the period of time between the petitioner's
arrest on the charge resulting in the conviction and
the filing of the petition under this Section; and
(E) the specific adverse consequences the
petitioner may be subject to if the petition is
denied.
(8) Service of order. After entering an order to
expunge or seal records, the court must provide copies of
the order to the Illinois State Police, in a form and
manner prescribed by the Illinois State Police, to the
petitioner, to the State's Attorney or prosecutor charged
with the duty of prosecuting the offense, to the arresting
agency, to the chief legal officer of the unit of local
government effecting the arrest, and to such other
criminal justice agencies as may be ordered by the court.
(9) Implementation of order.
(A) Upon entry of an order to expunge records
pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency,
the Illinois State Police, and any other agency as

SB2391 - 29 - LRB104 08998 RLC 20871 b
ordered by the court, within 60 days of the date of
service of the order, unless a motion to vacate,
modify, or reconsider the order is filed pursuant
to paragraph (12) of subsection (d) of this
Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
and
(iii) in response to an inquiry for expunged
records, the court, the Illinois State Police, or
the agency receiving such inquiry, shall reply as
it does in response to inquiries when no records
ever existed.
(B) Upon entry of an order to expunge records
pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,

SB2391 - 30 - LRB104 08998 RLC 20871 b
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Illinois State Police within 60 days of the date
of service of the order as ordered by the court,
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;
(iv) records impounded by the Illinois State
Police may be disseminated by the Illinois State
Police only as required by law or to the arresting
authority, the State's Attorney, and the court
upon a later arrest for the same or a similar
offense or for the purpose of sentencing for any
subsequent felony, and to the Department of
Corrections upon conviction for any offense; and
(v) in response to an inquiry for such records

SB2391 - 31 - LRB104 08998 RLC 20871 b
from anyone not authorized by law to access such
records, the court, the Illinois State Police, or
the agency receiving such inquiry shall reply as
it does in response to inquiries when no records
ever existed.
(B-5) Upon entry of an order to expunge records
under subsection (e-6):
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Illinois State Police within 60 days of the date
of service of the order as ordered by the court,
unless a motion to vacate, modify, or reconsider

SB2391 - 32 - LRB104 08998 RLC 20871 b
the order is filed under paragraph (12) of
subsection (d) of this Section;
(iv) records impounded by the Illinois State
Police may be disseminated by the Illinois State
Police only as required by law or to the arresting
authority, the State's Attorney, and the court
upon a later arrest for the same or a similar
offense or for the purpose of sentencing for any
subsequent felony, and to the Department of
Corrections upon conviction for any offense; and
(v) in response to an inquiry for these
records from anyone not authorized by law to
access the records, the court, the Illinois State
Police, or the agency receiving the inquiry shall
reply as it does in response to inquiries when no
records ever existed.
(C) Upon entry of an order to seal records under
subsection (c), the arresting agency, any other agency
as ordered by the court, the Illinois State Police,
and the court shall seal the records (as defined in
subsection (a)(1)(K)). In response to an inquiry for
such records, from anyone not authorized by law to
access such records, the court, the Illinois State
Police, or the agency receiving such inquiry shall
reply as it does in response to inquiries when no
records ever existed.

SB2391 - 33 - LRB104 08998 RLC 20871 b
(D) The Illinois State Police shall send written
notice to the petitioner of its compliance with each
order to expunge or seal records within 60 days of the
date of service of that order or, if a motion to
vacate, modify, or reconsider is filed, within 60 days
of service of the order resolving the motion, if that
order requires the Illinois State Police to expunge or
seal records. In the event of an appeal from the
circuit court order, the Illinois State Police shall
send written notice to the petitioner of its
compliance with an Appellate Court or Supreme Court
judgment to expunge or seal records within 60 days of
the issuance of the court's mandate. The notice is not
required while any motion to vacate, modify, or
reconsider, or any appeal or petition for
discretionary appellate review, is pending.
(E) Upon motion, the court may order that a sealed
judgment or other court record necessary to
demonstrate the amount of any legal financial
obligation due and owing be made available for the
limited purpose of collecting any legal financial
obligations owed by the petitioner that were
established, imposed, or originated in the criminal
proceeding for which those records have been sealed.
The records made available under this subparagraph (E)
shall not be entered into the official index required

SB2391 - 34 - LRB104 08998 RLC 20871 b
to be kept by the circuit court clerk under Section 16
of the Clerks of Courts Act and shall be immediately
re-impounded upon the collection of the outstanding
financial obligations.
(F) Notwithstanding any other provision of this
Section, a circuit court clerk may access a sealed
record for the limited purpose of collecting payment
for any legal financial obligations that were
established, imposed, or originated in the criminal
proceedings for which those records have been sealed.
(10) Fees. The Illinois State Police may charge the
petitioner a fee equivalent to the cost of processing any
order to expunge or seal records. Notwithstanding any
provision of the Clerks of Courts Act to the contrary, the
circuit court clerk may charge a fee equivalent to the
cost associated with the sealing or expungement of records
by the circuit court clerk. From the total filing fee
collected for the petition to seal or expunge, the circuit
court clerk shall deposit $10 into the Circuit Court Clerk
Operation and Administrative Fund, to be used to offset
the costs incurred by the circuit court clerk in
performing the additional duties required to serve the
petition to seal or expunge on all parties. The circuit
court clerk shall collect and remit the Illinois State
Police portion of the fee to the State Treasurer and it
shall be deposited in the State Police Services Fund. If

SB2391 - 35 - LRB104 08998 RLC 20871 b
the record brought under an expungement petition was
previously sealed under this Section, the fee for the
expungement petition for that same record shall be waived.
(11) Final Order. No court order issued under the
expungement or sealing provisions of this Section shall
become final for purposes of appeal until 30 days after
service of the order on the petitioner and all parties
entitled to notice of the petition.
(12) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner or any party entitled to notice may file a
motion to vacate, modify, or reconsider the order granting
or denying the petition to expunge or seal within 60 days
of service of the order. If filed more than 60 days after
service of the order, a petition to vacate, modify, or
reconsider shall comply with subsection (c) of Section
2-1401 of the Code of Civil Procedure. Upon filing of a
motion to vacate, modify, or reconsider, notice of the
motion shall be served upon the petitioner and all parties
entitled to notice of the petition.
(13) Effect of Order. An order granting a petition
under the expungement or sealing provisions of this
Section shall not be considered void because it fails to
comply with the provisions of this Section or because of
any error asserted in a motion to vacate, modify, or
reconsider. The circuit court retains jurisdiction to

SB2391 - 36 - LRB104 08998 RLC 20871 b
determine whether the order is voidable and to vacate,
modify, or reconsider its terms based on a motion filed
under paragraph (12) of this subsection (d).
(14) Compliance with Order Granting Petition to Seal
Records. Unless a court has entered a stay of an order
granting a petition to seal, all parties entitled to
notice of the petition must fully comply with the terms of
the order within 60 days of service of the order even if a
party is seeking relief from the order through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order.
(15) Compliance with Order Granting Petition to
Expunge Records. While a party is seeking relief from the
order granting the petition to expunge through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order, and unless a court has entered a stay
of that order, the parties entitled to notice of the
petition must seal, but need not expunge, the records
until there is a final order on the motion for relief or,
in the case of an appeal, the issuance of that court's
mandate.
(16) The changes to this subsection (d) made by Public
Act 98-163 apply to all petitions pending on August 5,
2013 (the effective date of Public Act 98-163) and to all
orders ruling on a petition to expunge or seal on or after
August 5, 2013 (the effective date of Public Act 98-163).

SB2391 - 37 - LRB104 08998 RLC 20871 b
(e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Illinois State Police be
sealed until further order of the court upon good cause shown
or as otherwise provided herein, and the name of the defendant
obliterated from the official index requested to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act in connection with the arrest and conviction for
the offense for which he or she had been pardoned but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Illinois State Police may be disseminated by the Illinois
State Police only to the arresting authority, the State's
Attorney, and the court upon a later arrest for the same or
similar offense or for the purpose of sentencing for any
subsequent felony. Upon conviction for any subsequent offense,
the Department of Corrections shall have access to all sealed
records of the Illinois State Police pertaining to that
individual. Upon entry of the order of expungement, the

SB2391 - 38 - LRB104 08998 RLC 20871 b
circuit court clerk shall promptly mail a copy of the order to
the person who was pardoned.
(e-5) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for sealing by
the Prisoner Review Board which specifically authorizes
sealing, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered sealing the record of arrest from the official records
of the arresting authority and order that the records of the
circuit court clerk and the Illinois State Police be sealed
until further order of the court upon good cause shown or as
otherwise provided herein, and the name of the petitioner
obliterated from the official index requested to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act in connection with the arrest and conviction for
the offense for which he or she had been granted the
certificate but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. All
records sealed by the Illinois State Police may be
disseminated by the Illinois State Police only as required by
this Act or to the arresting authority, a law enforcement
agency, the State's Attorney, and the court upon a later
arrest for the same or similar offense or for the purpose of

SB2391 - 39 - LRB104 08998 RLC 20871 b
sentencing for any subsequent felony. Upon conviction for any
subsequent offense, the Department of Corrections shall have
access to all sealed records of the Illinois State Police
pertaining to that individual. Upon entry of the order of
sealing, the circuit court clerk shall promptly mail a copy of
the order to the person who was granted the certificate of
eligibility for sealing.
(e-6) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for
expungement by the Prisoner Review Board which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the petitioner's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Illinois State Police be
sealed until further order of the court upon good cause shown
or as otherwise provided herein, and the name of the
petitioner obliterated from the official index requested to be
kept by the circuit court clerk under Section 16 of the Clerks
of Courts Act in connection with the arrest and conviction for
the offense for which he or she had been granted the
certificate but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. All

SB2391 - 40 - LRB104 08998 RLC 20871 b
records sealed by the Illinois State Police may be
disseminated by the Illinois State Police only as required by
this Act or to the arresting authority, a law enforcement
agency, the State's Attorney, and the court upon a later
arrest for the same or similar offense or for the purpose of
sentencing for any subsequent felony. Upon conviction for any
subsequent offense, the Department of Corrections shall have
access to all expunged records of the Illinois State Police
pertaining to that individual. Upon entry of the order of
expungement, the circuit court clerk shall promptly mail a
copy of the order to the person who was granted the certificate
of eligibility for expungement.
(f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of
the Illinois Department of Corrections, records of the
Illinois Department of Employment Security shall be utilized
as appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
(g) Immediate Sealing.
(1) Applicability. Notwithstanding any other provision

SB2391 - 41 - LRB104 08998 RLC 20871 b
of this Act to the contrary, and cumulative with any
rights to expungement or sealing of criminal records, this
subsection authorizes the immediate sealing of criminal
records of adults and of minors prosecuted as adults.
(2) Eligible Records. Arrests or charges not initiated
by arrest resulting in acquittal or dismissal with
prejudice, except as excluded by subsection (a)(3)(B),
that occur on or after January 1, 2018 (the effective date
of Public Act 100-282), may be sealed immediately if the
petition is filed with the circuit court clerk on the same
day and during the same hearing in which the case is
disposed.
(3) When Records are Eligible to be Immediately
Sealed. Eligible records under paragraph (2) of this
subsection (g) may be sealed immediately after entry of
the final disposition of a case, notwithstanding the
disposition of other charges in the same case.
(4) Notice of Eligibility for Immediate Sealing. Upon
entry of a disposition for an eligible record under this
subsection (g), the defendant shall be informed by the
court of his or her right to have eligible records
immediately sealed and the procedure for the immediate
sealing of these records.
(5) Procedure. The following procedures apply to
immediate sealing under this subsection (g).
(A) Filing the Petition. Upon entry of the final

SB2391 - 42 - LRB104 08998 RLC 20871 b
disposition of the case, the defendant's attorney may
immediately petition the court, on behalf of the
defendant, for immediate sealing of eligible records
under paragraph (2) of this subsection (g) that are
entered on or after January 1, 2018 (the effective
date of Public Act 100-282). The immediate sealing
petition may be filed with the circuit court clerk
during the hearing in which the final disposition of
the case is entered. If the defendant's attorney does
not file the petition for immediate sealing during the
hearing, the defendant may file a petition for sealing
at any time as authorized under subsection (c)(3)(A).
(B) Contents of Petition. The immediate sealing
petition shall be verified and shall contain the
petitioner's name, date of birth, current address, and
for each eligible record, the case number, the date of
arrest if applicable, the identity of the arresting
authority if applicable, and other information as the
court may require.
(C) Drug Test. The petitioner shall not be
required to attach proof that he or she has passed a
drug test.
(D) Service of Petition. A copy of the petition
shall be served on the State's Attorney in open court.
The petitioner shall not be required to serve a copy of
the petition on any other agency.

SB2391 - 43 - LRB104 08998 RLC 20871 b
(E) Entry of Order. The presiding trial judge
shall enter an order granting or denying the petition
for immediate sealing during the hearing in which it
is filed. Petitions for immediate sealing shall be
ruled on in the same hearing in which the final
disposition of the case is entered.
(F) Hearings. The court shall hear the petition
for immediate sealing on the same day and during the
same hearing in which the disposition is rendered.
(G) Service of Order. An order to immediately seal
eligible records shall be served in conformance with
subsection (d)(8).
(H) Implementation of Order. An order to
immediately seal records shall be implemented in
conformance with subsections (d)(9)(C) and (d)(9)(D).
(I) Fees. The fee imposed by the circuit court
clerk and the Illinois State Police shall comply with
paragraph (1) of subsection (d) of this Section.
(J) Final Order. No court order issued under this
subsection (g) shall become final for purposes of
appeal until 30 days after service of the order on the
petitioner and all parties entitled to service of the
order in conformance with subsection (d)(8).
(K) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner, State's Attorney, or the Illinois State

SB2391 - 44 - LRB104 08998 RLC 20871 b
Police may file a motion to vacate, modify, or
reconsider the order denying the petition to
immediately seal within 60 days of service of the
order. If filed more than 60 days after service of the
order, a petition to vacate, modify, or reconsider
shall comply with subsection (c) of Section 2-1401 of
the Code of Civil Procedure.
(L) Effect of Order. An order granting an
immediate sealing petition shall not be considered
void because it fails to comply with the provisions of
this Section or because of an error asserted in a
motion to vacate, modify, or reconsider. The circuit
court retains jurisdiction to determine whether the
order is voidable, and to vacate, modify, or
reconsider its terms based on a motion filed under
subparagraph (L) of this subsection (g).
(M) Compliance with Order Granting Petition to
Seal Records. Unless a court has entered a stay of an
order granting a petition to immediately seal, all
parties entitled to service of the order must fully
comply with the terms of the order within 60 days of
service of the order.
(h) Sealing or vacation and expungement of trafficking
victims' crimes.
(1) A trafficking victim, as defined by paragraph (10)
of subsection (a) of Section 10-9 of the Criminal Code of

SB2391 - 45 - LRB104 08998 RLC 20871 b
2012, may petition for vacation and expungement or
immediate sealing of his or her criminal record upon the
completion of his or her last sentence if his or her
participation in the underlying offense was a result of
human trafficking under Section 10-9 of the Criminal Code
of 2012 or a severe form of trafficking under the federal
Trafficking Victims Protection Act.
(1.5) A petition under paragraph (1) shall be
prepared, signed, and filed in accordance with Supreme
Court Rule 9. The court may allow the petitioner to attend
any required hearing remotely in accordance with local
rules. The court may allow a petition to be filed under
seal if the public filing of the petition would constitute
a risk of harm to the petitioner.
(2) A petitioner under this subsection (h), in
addition to the requirements provided under paragraph (4)
of subsection (d) of this Section, shall include in his or
her petition a clear and concise statement that: (A) he or
she was a victim of human trafficking at the time of the
offense; and (B) that his or her participation in the
offense was a result of human trafficking under Section
10-9 of the Criminal Code of 2012 or a severe form of
trafficking under the federal Trafficking Victims
Protection Act.
(3) If an objection is filed alleging that the
petitioner is not entitled to vacation and expungement or

SB2391 - 46 - LRB104 08998 RLC 20871 b
immediate sealing under this subsection (h), the court
shall conduct a hearing under paragraph (7) of subsection
(d) of this Section and the court shall determine whether
the petitioner is entitled to vacation and expungement or
immediate sealing under this subsection (h). A petitioner
is eligible for vacation and expungement or immediate
relief under this subsection (h) if he or she shows, by a
preponderance of the evidence, that: (A) he or she was a
victim of human trafficking at the time of the offense;
and (B) that his or her participation in the offense was a
result of human trafficking under Section 10-9 of the
Criminal Code of 2012 or a severe form of trafficking
under the federal Trafficking Victims Protection Act.
(i) Minor Cannabis Offenses under the Cannabis Control
Act.
(1) Expungement of Arrest Records of Minor Cannabis
Offenses.
(A) The Illinois State Police and all law
enforcement agencies within the State shall
automatically expunge all criminal history records of
an arrest, charge not initiated by arrest, order of
supervision, or order of qualified probation for a
Minor Cannabis Offense committed prior to June 25,
2019 (the effective date of Public Act 101-27) if:
(i) One year or more has elapsed since the
date of the arrest or law enforcement interaction

SB2391 - 47 - LRB104 08998 RLC 20871 b
documented in the records; and
(ii) No criminal charges were filed relating
to the arrest or law enforcement interaction or
criminal charges were filed and subsequently
dismissed or vacated or the arrestee was
acquitted.
(B) If the law enforcement agency is unable to
verify satisfaction of condition (ii) in paragraph
(A), records that satisfy condition (i) in paragraph
(A) shall be automatically expunged.
(C) Records shall be expunged by the law
enforcement agency under the following timelines:
(i) Records created prior to June 25, 2019
(the effective date of Public Act 101-27), but on
or after January 1, 2013, shall be automatically
expunged prior to January 1, 2021;
(ii) Records created prior to January 1, 2013,
but on or after January 1, 2000, shall be
automatically expunged prior to January 1, 2023;
(iii) Records created prior to January 1, 2000
shall be automatically expunged prior to January
1, 2025.
In response to an inquiry for expunged records,
the law enforcement agency receiving such inquiry
shall reply as it does in response to inquiries when no
records ever existed; however, it shall provide a

SB2391 - 48 - LRB104 08998 RLC 20871 b
certificate of disposition or confirmation that the
record was expunged to the individual whose record was
expunged if such a record exists.
(D) Nothing in this Section shall be construed to
restrict or modify an individual's right to have that
individual's records expunged except as otherwise may
be provided in this Act, or diminish or abrogate any
rights or remedies otherwise available to the
individual.
(2) Pardons Authorizing Expungement of Minor Cannabis
Offenses.
(A) Upon June 25, 2019 (the effective date of
Public Act 101-27), the Department of State Police
shall review all criminal history record information
and identify all records that meet all of the
following criteria:
(i) one or more convictions for a Minor
Cannabis Offense;
(ii) the conviction identified in paragraph
(2)(A)(i) did not include a penalty enhancement
under Section 7 of the Cannabis Control Act; and
(iii) the conviction identified in paragraph
(2)(A)(i) is not associated with a conviction for
a violent crime as defined in subsection (c) of
Section 3 of the Rights of Crime Victims and
Witnesses Act.

SB2391 - 49 - LRB104 08998 RLC 20871 b
(B) Within 180 days after June 25, 2019 (the
effective date of Public Act 101-27), the Department
of State Police shall notify the Prisoner Review Board
of all such records that meet the criteria established
in paragraph (2)(A).
(i) The Prisoner Review Board shall notify the
State's Attorney of the county of conviction of
each record identified by State Police in
paragraph (2)(A) that is classified as a Class 4
felony. The State's Attorney may provide a written
objection to the Prisoner Review Board on the sole
basis that the record identified does not meet the
criteria established in paragraph (2)(A). Such an
objection must be filed within 60 days or by such
later date set by the Prisoner Review Board in the
notice after the State's Attorney received notice
from the Prisoner Review Board.
(ii) In response to a written objection from a
State's Attorney, the Prisoner Review Board is
authorized to conduct a non-public hearing to
evaluate the information provided in the
objection.
(iii) The Prisoner Review Board shall make a
confidential and privileged recommendation to the
Governor as to whether to grant a pardon
authorizing expungement for each of the records

SB2391 - 50 - LRB104 08998 RLC 20871 b
identified by the Department of State Police as
described in paragraph (2)(A).
(C) If an individual has been granted a pardon
authorizing expungement as described in this Section,
the Prisoner Review Board, through the Attorney
General, shall file a petition for expungement with
the Chief Judge of the circuit or any judge of the
circuit designated by the Chief Judge where the
individual had been convicted. Such petition may
include more than one individual. Whenever an
individual who has been convicted of an offense is
granted a pardon by the Governor that specifically
authorizes expungement, an objection to the petition
may not be filed. Petitions to expunge under this
subsection (i) may include more than one individual.
Within 90 days of the filing of such a petition, the
court shall enter an order expunging the records of
arrest from the official records of the arresting
authority and order that the records of the circuit
court clerk and the Illinois State Police be expunged
and the name of the defendant obliterated from the
official index requested to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for
the offense for which the individual had received a
pardon but the order shall not affect any index issued

SB2391 - 51 - LRB104 08998 RLC 20871 b
by the circuit court clerk before the entry of the
order. Upon entry of the order of expungement, the
circuit court clerk shall promptly provide a copy of
the order and a certificate of disposition to the
individual who was pardoned to the individual's last
known address or by electronic means (if available) or
otherwise make it available to the individual upon
request.
(D) Nothing in this Section is intended to
diminish or abrogate any rights or remedies otherwise
available to the individual.
(3) Any individual may file a motion to vacate and
expunge a conviction for a misdemeanor or Class 4 felony
violation of Section 4 or Section 5 of the Cannabis
Control Act. Motions to vacate and expunge under this
subsection (i) may be filed with the circuit court, Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge. The circuit court clerk
shall promptly serve a copy of the motion to vacate and
expunge, and any supporting documentation, on the State's
Attorney or prosecutor charged with the duty of
prosecuting the offense. When considering such a motion to
vacate and expunge, a court shall consider the following:
the reasons to retain the records provided by law
enforcement, the petitioner's age, the petitioner's age at
the time of offense, the time since the conviction, and

SB2391 - 52 - LRB104 08998 RLC 20871 b
the specific adverse consequences if denied. An individual
may file such a petition after the completion of any
non-financial sentence or non-financial condition imposed
by the conviction. Within 60 days of the filing of such
motion, a State's Attorney may file an objection to such a
petition along with supporting evidence. If a motion to
vacate and expunge is granted, the records shall be
expunged in accordance with subparagraphs (d)(8) and
(d)(9)(A) of this Section. An agency providing civil legal
aid, as defined by Section 15 of the Public Interest
Attorney Assistance Act, assisting individuals seeking to
file a motion to vacate and expunge under this subsection
may file motions to vacate and expunge with the Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and the motion may include
more than one individual. Motions filed by an agency
providing civil legal aid concerning more than one
individual may be prepared, presented, and signed
electronically.
(4) Any State's Attorney may file a motion to vacate
and expunge a conviction for a misdemeanor or Class 4
felony violation of Section 4 or Section 5 of the Cannabis
Control Act. Motions to vacate and expunge under this
subsection (i) may be filed with the circuit court, Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and may include more than

SB2391 - 53 - LRB104 08998 RLC 20871 b
one individual. Motions filed by a State's Attorney
concerning more than one individual may be prepared,
presented, and signed electronically. When considering
such a motion to vacate and expunge, a court shall
consider the following: the reasons to retain the records
provided by law enforcement, the individual's age, the
individual's age at the time of offense, the time since
the conviction, and the specific adverse consequences if
denied. Upon entry of an order granting a motion to vacate
and expunge records pursuant to this Section, the State's
Attorney shall notify the Prisoner Review Board within 30
days. Upon entry of the order of expungement, the circuit
court clerk shall promptly provide a copy of the order and
a certificate of disposition to the individual whose
records will be expunged to the individual's last known
address or by electronic means (if available) or otherwise
make available to the individual upon request. If a motion
to vacate and expunge is granted, the records shall be
expunged in accordance with subparagraphs (d)(8) and
(d)(9)(A) of this Section.
(5) In the public interest, the State's Attorney of a
county has standing to file motions to vacate and expunge
pursuant to this Section in the circuit court with
jurisdiction over the underlying conviction.
(6) If a person is arrested for a Minor Cannabis
Offense as defined in this Section before June 25, 2019

SB2391 - 54 - LRB104 08998 RLC 20871 b
(the effective date of Public Act 101-27) and the person's
case is still pending but a sentence has not been imposed,
the person may petition the court in which the charges are
pending for an order to summarily dismiss those charges
against him or her, and expunge all official records of
his or her arrest, plea, trial, conviction, incarceration,
supervision, or expungement. If the court determines, upon
review, that: (A) the person was arrested before June 25,
2019 (the effective date of Public Act 101-27) for an
offense that has been made eligible for expungement; (B)
the case is pending at the time; and (C) the person has not
been sentenced of the minor cannabis violation eligible
for expungement under this subsection, the court shall
consider the following: the reasons to retain the records
provided by law enforcement, the petitioner's age, the
petitioner's age at the time of offense, the time since
the conviction, and the specific adverse consequences if
denied. If a motion to dismiss and expunge is granted, the
records shall be expunged in accordance with subparagraph
(d)(9)(A) of this Section.
(7) A person imprisoned solely as a result of one or
more convictions for Minor Cannabis Offenses under this
subsection (i) shall be released from incarceration upon
the issuance of an order under this subsection.
(8) The Illinois State Police shall allow a person to
use the access and review process, established in the

SB2391 - 55 - LRB104 08998 RLC 20871 b
Illinois State Police, for verifying that his or her
records relating to Minor Cannabis Offenses of the
Cannabis Control Act eligible under this Section have been
expunged.
(9) No conviction vacated pursuant to this Section
shall serve as the basis for damages for time unjustly
served as provided in the Court of Claims Act.
(10) Effect of Expungement. A person's right to
expunge an expungeable offense shall not be limited under
this Section. The effect of an order of expungement shall
be to restore the person to the status he or she occupied
before the arrest, charge, or conviction.
(11) Information. The Illinois State Police shall post
general information on its website about the expungement
process described in this subsection (i).
(j) Felony Prostitution and Solicitation Convictions and
Arrests.
(1) Any individual may file a motion to vacate and
expunge a conviction for a prior Class 4 felony violation
or a misdemeanor violation of prostitution or a
misdemeanor violation of solicitation of a sexual act.
Motions to vacate and expunge under this subsection (j)
may be filed with the circuit court, Chief Judge of a
judicial circuit, or any judge of the circuit designated
by the Chief Judge. When considering the motion to vacate
and expunge, a court shall consider the following:

SB2391 - 56 - LRB104 08998 RLC 20871 b
(A) the reasons to retain the records provided by
law enforcement;
(B) the petitioner's age;
(C) the petitioner's age at the time of offense;
and
(D) the time since the conviction, and the
specific adverse consequences if denied. An individual
may file the petition after the completion of any
sentence or condition imposed by the conviction.
Within 60 days of the filing of the motion, a State's
Attorney may file an objection to the petition along
with supporting evidence. If a motion to vacate and
expunge is granted, the records shall be expunged in
accordance with subparagraph (d)(9)(A) of this
Section. An agency providing civil legal aid, as
defined in Section 15 of the Public Interest Attorney
Assistance Act, assisting individuals seeking to file
a motion to vacate and expunge under this subsection
may file motions to vacate and expunge with the Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and the motion may
include more than one individual.
(2) Any State's Attorney may file a motion to vacate
and expunge a conviction for a Class 4 felony violation or
a misdemeanor violation of prostitution or a misdemeanor
violation of solicitation of a sexual act. Motions to

SB2391 - 57 - LRB104 08998 RLC 20871 b
vacate and expunge under this subsection (j) may be filed
with the circuit court, Chief Judge of a judicial circuit,
or any judge of the circuit court designated by the Chief
Judge, and may include more than one individual. When
considering the motion to vacate and expunge, a court
shall consider the following reasons:
(A) the reasons to retain the records provided by
law enforcement;
(B) the petitioner's age;
(C) the petitioner's age at the time of offense;
(D) the time since the conviction; and
(E) the specific adverse consequences if denied.
If the State's Attorney files a motion to vacate and
expunge records for felony or misdemeanor prostitution
convictions or misdemeanor solicitation of a sexual act
convictions pursuant to this Section, the State's Attorney
shall notify the Prisoner Review Board within 30 days of
the filing. If a motion to vacate and expunge is granted,
the records shall be expunged in accordance with
subparagraph (d)(9)(A) of this Section.
(3) In the public interest, the State's Attorney of a
county has standing to file motions to vacate and expunge
pursuant to this Section in the circuit court with
jurisdiction over the underlying conviction.
(4) The Illinois State Police shall allow a person to
a use the access and review process, established in the

SB2391 - 58 - LRB104 08998 RLC 20871 b
Illinois State Police, for verifying that his or her
records relating to felony or misdemeanor prostitution or
misdemeanor solicitation of a sexual act eligible under
this Section have been expunged.
(5) No conviction vacated pursuant to this Section
shall serve as the basis for damages for time unjustly
served as provided in the Court of Claims Act.
(6) Effect of Expungement. A person's right to expunge
an expungeable offense shall not be limited under this
Section. The effect of an order of expungement shall be to
restore the person to the status he or she occupied before
the arrest, charge, or conviction.
(7) Information. The Illinois State Police shall post
general information on its website about the expungement
process described in this subsection (j).
(8) Expungement of Arrest Record. The Illinois State
Police and all law enforcement agencies within this State
shall automatically expunge all criminal history records
of an arrest, charge not initiated by arrest, order of
supervision, or order of qualified probation for the
offense of prostitution or solicitation of a sexual act
committed prior to the effective date of this amendatory
Act of the 104th General Assembly if:
(A) one year or more has elapsed since the date of
the arrest or law enforcement interaction documented
in the records;

SB2391 - 59 - LRB104 08998 RLC 20871 b
(B) no criminal charges were filed relating to the
arrest or law enforcement interaction or criminal
charges were filed and subsequently dismissed or
vacated or the arrestee was acquitted; and
(C) where criminal charges were filed and
subsequently dismissed or vacated, the charges did not
relate to an offense of prostitution or solicitation
of a sexual act involving a minor as the victim.
Records shall be expunged pursuant to the procedures
set forth in this subsection (j)(8) under the following
timelines:
(i) Records created prior to the effective
date of this amendatory Act of the 104th General
Assembly, but on or after January 1, 2013, shall
be automatically expunged prior to January 1,
2026.
(ii) Records created prior to January 1, 2013,
but on or after January 1, 2000, shall be
automatically expunged prior to January 1, 2028.
(iii) Records created prior to January 1, 2000
shall be automatically expunged prior to January
1, 2030.
(9) Upon the effective date of this amendatory Act of
the 104th General Assembly, the Illinois State Police
shall review all criminal history record information and
identify all records that meet all of the following

SB2391 - 60 - LRB104 08998 RLC 20871 b
criteria:
(A) one or more convictions for prostitution or
solicitation of a sexual act;
(B) the conviction or convictions identified did
not involve a minor as the victim; and
(C) the conviction or convictions identified are
not associated with an arrest, conviction, or other
disposition for a violent crime as defined in
subsection (c) of Section 3 of the Rights of Crime
Victims and Witnesses Act.
Within 180 days after the effective date of this
amendatory Act of the 104th General Assembly, the Illinois
State Police shall notify the Prisoner Review Board of all
such records that meet the criteria established in this
subsection (j)(9). The Prisoner Review Board shall make a
confidential and privileged recommendation to the Governor
as to whether to grant a pardon authorizing expungement
for each of the records identified by the Illinois State
Police as described in this subsection (j)(9).
(Source: P.A. 102-145, eff. 7-23-21; 102-558, 8-20-21;
102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 102-933, eff.
1-1-23; 103-35, eff. 1-1-24; 103-154, eff. 6-30-23; 103-609,
eff. 7-1-24; 103-755, eff. 8-2-24; revised 8-9-24.)
Section 10-10. The Massage Therapy Practice Act is amended
by changing Sections 15 and 45 as follows:

SB2391 - 61 - LRB104 08998 RLC 20871 b
(225 ILCS 57/15)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15. Licensure requirements.
(a) Persons engaged in massage for compensation must be
licensed by the Department. The Department shall issue a
license to an individual who meets all of the following
requirements:
(1) The applicant has applied in writing on the
prescribed forms and has paid the required fees.
(2) The applicant is at least 18 years of age and of
good moral character. In determining good moral character,
the Department may take into consideration conviction of
any crime under the laws of the United States or any state
or territory thereof that is a felony or a misdemeanor or
any crime that is directly related to the practice of the
profession. Such a conviction shall not operate
automatically as a complete bar to a license, except in
the case of any conviction for prostitution, rape, or
sexual misconduct, or where the applicant is a registered
sex offender.
(3) The applicant has successfully completed a massage
therapy program approved by the Department that requires a
minimum of 500 hours, except applicants applying on or
after January 1, 2014 shall meet a minimum requirement of
600 hours, and has passed a competency examination

SB2391 - 62 - LRB104 08998 RLC 20871 b
approved by the Department.
(b) Each applicant for licensure as a massage therapist
shall have his or her fingerprints submitted to the Illinois
State Police in an electronic format that complies with the
form and manner for requesting and furnishing criminal history
record information as prescribed by the Illinois State Police.
These fingerprints shall be checked against the Illinois State
Police and Federal Bureau of Investigation criminal history
record databases now and hereafter filed. The Illinois State
Police shall charge applicants a fee for conducting the
criminal history records check, which shall be deposited into
the State Police Services Fund and shall not exceed the actual
cost of the records check. The Illinois State Police shall
furnish, pursuant to positive identification, records of
Illinois convictions to the Department. The Department may
require applicants to pay a separate fingerprinting fee,
either to the Department or to a vendor. The Department, in its
discretion, may allow an applicant who does not have
reasonable access to a designated vendor to provide his or her
fingerprints in an alternative manner. The Department may
adopt any rules necessary to implement this Section.
(Source: P.A. 102-20, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(225 ILCS 57/45)
(Section scheduled to be repealed on January 1, 2027)

SB2391 - 63 - LRB104 08998 RLC 20871 b
Sec. 45. Grounds for discipline.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action, as the Department
considers appropriate, including the imposition of fines not
to exceed $10,000 for each violation, with regard to any
license or licensee for any one or more of the following:
(1) violations of this Act or of the rules adopted
under this Act;
(2) conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i)
that is a felony; or (ii) that is a misdemeanor, an
essential element of which is dishonesty, or that is
directly related to the practice of the profession;
(3) professional incompetence;
(4) advertising in a false, deceptive, or misleading
manner, including failing to use the massage therapist's
own license number in an advertisement;
(5) aiding, abetting, assisting, procuring, advising,
employing, or contracting with any unlicensed person to
practice massage contrary to any rules or provisions of
this Act;

SB2391 - 64 - LRB104 08998 RLC 20871 b
(6) engaging in immoral conduct in the commission of
any act, such as sexual abuse, sexual misconduct, or
sexual exploitation, related to the licensee's practice;
(7) engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(8) practicing or offering to practice beyond the
scope permitted by law or accepting and performing
professional responsibilities which the licensee knows or
has reason to know that he or she is not competent to
perform;
(9) knowingly delegating professional
responsibilities to a person unqualified by training,
experience, or licensure to perform;
(10) failing to provide information in response to a
written request made by the Department within 60 days;
(11) having a habitual or excessive use of or
addiction to alcohol, narcotics, stimulants, or any other
chemical agent or drug which results in the inability to
practice with reasonable judgment, skill, or safety;
(12) having a pattern of practice or other behavior
that demonstrates incapacity or incompetence to practice
under this Act;
(13) discipline by another state, District of
Columbia, territory, or foreign nation, if at least one of
the grounds for the discipline is the same or

SB2391 - 65 - LRB104 08998 RLC 20871 b
substantially equivalent to those set forth in this
Section;
(14) a finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation;
(15) willfully making or filing false records or
reports in his or her practice, including, but not limited
to, false records filed with State agencies or
departments;
(16) making a material misstatement in furnishing
information to the Department or otherwise making
misleading, deceptive, untrue, or fraudulent
representations in violation of this Act or otherwise in
the practice of the profession;
(17) fraud or misrepresentation in applying for or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act;
(18) inability to practice the profession with
reasonable judgment, skill, or safety as a result of
physical illness, including, but not limited to,
deterioration through the aging process, loss of motor
skill, or a mental illness or disability;
(19) charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered;
(20) practicing under a false or, except as provided

SB2391 - 66 - LRB104 08998 RLC 20871 b
by law, an assumed name; or
(21) cheating on or attempting to subvert the
licensing examination administered under this Act.
All fines shall be paid within 60 days of the effective
date of the order imposing the fine.
(b) A person not licensed under this Act and engaged in the
business of offering massage therapy services through others,
shall not aid, abet, assist, procure, advise, employ, or
contract with any unlicensed person to practice massage
therapy contrary to any rules or provisions of this Act. A
person violating this subsection (b) shall be treated as a
licensee for the purposes of disciplinary action under this
Section and shall be subject to cease and desist orders as
provided in Section 90 of this Act.
(c) The Department shall revoke any license issued under
this Act of any person who is convicted of prostitution, rape,
sexual misconduct, or any crime that subjects the licensee to
compliance with the requirements of the Sex Offender
Registration Act and any such conviction shall operate as a
permanent bar in the State of Illinois to practice as a massage
therapist.
(c-5) A prosecuting attorney shall provide notice to the
Department of the licensed massage therapist's name, address,
practice address, and license number and a copy of the
criminal charges filed immediately after a licensed massage
therapist has been charged with any of the following offenses:

SB2391 - 67 - LRB104 08998 RLC 20871 b
(1) an offense for which the sentence includes
registration as a sex offender;
(2) involuntary sexual servitude of a minor;
(3) the crime of battery against a patient, including
any offense based on sexual conduct or sexual penetration,
in the course of patient care or treatment; or
(4) a forcible felony.
If the victim of the crime the licensee has been charged
with is a patient of the licensee, the prosecuting attorney
shall also provide notice to the Department of the patient's
name.
Within 5 business days after receiving notice from the
prosecuting attorney of the filing of criminal charges against
the licensed massage therapist, the Secretary shall issue an
administrative order that the licensed massage therapist shall
practice only with a chaperone during all patient encounters
pending the outcome of the criminal proceedings. The chaperone
shall be a licensed massage therapist or other health care
worker licensed by the Department. The administrative order
shall specify any other terms or conditions deemed appropriate
by the Secretary. The chaperone shall provide written notice
to all of the licensed massage therapist's patients explaining
the Department's order to use a chaperone. Each patient shall
sign an acknowledgment that the patient they received the
notice. The notice to the patient of criminal charges shall
include, in 14-point font, the following statement: "The

SB2391 - 68 - LRB104 08998 RLC 20871 b
massage therapist is presumed innocent until proven guilty of
the charges.".
The licensed massage therapist shall provide a written
plan of compliance with the administrative order that is
acceptable to the Department within 5 business days after
receipt of the administrative order. Failure to comply with
the administrative order, failure to file a compliance plan,
or failure to follow the compliance plan shall subject the
licensed massage therapist to temporary suspension of his or
her license until the completion of the criminal proceedings.
If the licensee is not convicted of the charge or if any
conviction is later overturned by a reviewing court, the
administrative order shall be vacated and removed from the
licensee's record.
The Department may adopt rules to implement this
subsection.
(d) The Department may refuse to issue or may suspend the
license of any person who fails to file a tax return, to pay
the tax, penalty, or interest shown in a filed tax return, or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements of
the tax Act are satisfied in accordance with subsection (g) of
Section 2105-15 of the Civil Administrative Code of Illinois.
(e) (Blank).
(f) In cases where the Department of Healthcare and Family

SB2391 - 69 - LRB104 08998 RLC 20871 b
Services has previously determined that a licensee or a
potential licensee is more than 30 days delinquent in the
payment of child support and has subsequently certified the
delinquency to the Department, the Department may refuse to
issue or renew or may revoke or suspend that person's license
or may take other disciplinary action against that person
based solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance
with item (5) of subsection (a) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(g) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of a court order so finding and discharging
the patient.
(h) In enforcing this Act, the Department or Board, upon a
showing of a possible violation, may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No

SB2391 - 70 - LRB104 08998 RLC 20871 b
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The individual to be examined may have,
at his or her own expense, another physician of his or her
choice present during all aspects of this examination. The
examination shall be performed by a physician licensed to
practice medicine in all its branches. Failure of an
individual to submit to a mental or physical examination, when
directed, shall result in an automatic suspension without
hearing.
A person holding a license under this Act or who has
applied for a license under this Act who, because of a physical
or mental illness or disability, including, but not limited
to, deterioration through the aging process or loss of motor
skill, is unable to practice the profession with reasonable
judgment, skill, or safety, may be required by the Department
to submit to care, counseling, or treatment by physicians
approved or designated by the Department as a condition, term,
or restriction for continued, reinstated, or renewed licensure
to practice. Submission to care, counseling, or treatment as
required by the Department shall not be considered discipline
of a license. If the licensee refuses to enter into a care,
counseling, or treatment agreement or fails to abide by the
terms of the agreement, the Department may file a complaint to

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revoke, suspend, or otherwise discipline the license of the
individual. The Secretary may order the license suspended
immediately, pending a hearing by the Department. Fines shall
not be assessed in disciplinary actions involving physical or
mental illness or impairment.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay. The Department and Board shall have the authority to
review the subject individual's record of treatment and
counseling regarding the impairment to the extent permitted by
applicable federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department or Board that he or she can resume practice
in compliance with acceptable and prevailing standards under
the provisions of his or her license.
(Source: P.A. 102-20, eff. 1-1-22; 103-757, eff. 8-2-24;
revised 10-21-24.)
Section 10-15. The Private Employment Agency Act is
amended by changing Section 10 as follows:
(225 ILCS 515/10) (from Ch. 111, par. 910)

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Sec. 10. Licensee prohibitions. No licensee shall send or
cause to be sent any female help or servants, inmate, or
performer to enter any questionable place, or place of bad
repute, house of ill-fame, or assignation house, or to any
house or place of amusement kept for immoral purposes, or
place resorted to for the purpose of prostitution or gambling
house, the character of which licensee knows either actually
or by reputation.
No licensee shall permit questionable characters,
prostitutes, gamblers, intoxicated persons, or procurers to
frequent the agency.
No licensee shall accept any application for employment
made by or on behalf of any child, or shall place or assist in
placing any such child in any employment whatever, in
violation of the Child Labor Law of 2024. A violation of any
provision of this Section shall be a Class A misdemeanor.
No licensee shall publish or cause to be published any
fraudulent or misleading notice or advertisement of its
employment agencies by means of cards, circulars, or signs, or
in newspapers or other publications; and all letterheads,
receipts, and blanks shall contain the full name and address
of the employment agency and licensee shall state in all
notices and advertisements the fact that licensee is, or
conducts, a private employment agency.
No licensee shall print, publish, or paint on any sign or
window, or insert in any newspaper or publication, a name

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similar to that of the Illinois Public Employment Office.
No licensee shall print or stamp on any receipt or on any
contract used by that agency any part of this Act, unless the
entire Section from which that part is taken is printed or
stamped thereon.
All written communications sent out by any licensee,
directly or indirectly, to any person or firm with regard to
employees or employment shall contain therein definite
information that such person is a private employment agency.
No licensee or his or her employees shall knowingly give
any false or misleading information, or make any false or
misleading promise to any applicant who shall apply for
employment or employees.
(Source: P.A. 103-721, eff. 1-1-25.)
Section 10-16. The Liquor Control Act of 1934 is amended
by changing Section 6-2 as follows:
(235 ILCS 5/6-2) (from Ch. 43, par. 120)
Sec. 6-2. Issuance of licenses to certain persons
prohibited.
(a) Except as otherwise provided in subsection (b) of this
Section and in paragraph (1) of subsection (a) of Section
3-12, no license of any kind issued by the State Commission or
any local commission shall be issued to:
(1) A person who is not a resident of any city, village

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or county in which the premises covered by the license are
located; except in case of railroad or boat licenses.
(2) A person who is not of good character and
reputation in the community in which he resides.
(3) (Blank).
(4) A person who has been convicted of a felony under
any Federal or State law, unless the Commission determines
that such person will not be impaired by the conviction in
engaging in the licensed practice after considering
matters set forth in such person's application in
accordance with Section 6-2.5 of this Act and the
Commission's investigation.
(5) A person who has been convicted of keeping a place
of prostitution or keeping a place of juvenile
prostitution, promoting prostitution that involves keeping
a place of prostitution, or promoting juvenile
prostitution that involves keeping a place of juvenile
prostitution.
(6) A person who has been convicted of pandering.
(7) A person whose license issued under this Act has
been revoked for cause.
(8) A person who at the time of application for
renewal of any license issued hereunder would not be
eligible for such license upon a first application.
(9) A copartnership, if any general partnership
thereof, or any limited partnership thereof, owning more

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than 5% of the aggregate limited partner interest in such
copartnership would not be eligible to receive a license
hereunder for any reason other than residence within the
political subdivision, unless residency is required by
local ordinance.
(10) A corporation or limited liability company, if
any member, officer, manager or director thereof, or any
stockholder or stockholders owning in the aggregate more
than 5% of the stock of such corporation, would not be
eligible to receive a license hereunder for any reason
other than residence within the political subdivision.
(10a) A corporation or limited liability company
unless it is incorporated or organized in Illinois, or
unless it is a foreign corporation or foreign limited
liability company which is qualified under the Business
Corporation Act of 1983 or the Limited Liability Company
Act to transact business in Illinois. The Commission shall
permit and accept from an applicant for a license under
this Act proof prepared from the Secretary of State's
website that the corporation or limited liability company
is in good standing and is qualified under the Business
Corporation Act of 1983 or the Limited Liability Company
Act to transact business in Illinois.
(11) A person whose place of business is conducted by
a manager or agent unless the manager or agent possesses
the same qualifications required by the licensee.

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(12) A person who has been convicted of a violation of
any Federal or State law concerning the manufacture,
possession or sale of alcoholic liquor, subsequent to the
passage of this Act or has forfeited his bond to appear in
court to answer charges for any such violation, unless the
Commission determines, in accordance with Section 6-2.5 of
this Act, that the person will not be impaired by the
conviction in engaging in the licensed practice.
(13) A person who does not beneficially own the
premises for which a license is sought, or does not have a
lease thereon for the full period for which the license is
to be issued.
(14) Any law enforcing public official, including
members of local liquor control commissions, any mayor,
alderperson, or member of the city council or commission,
any president of the village board of trustees, any member
of a village board of trustees, or any president or member
of a county board; and no such official shall have a direct
interest in the manufacture, sale, or distribution of
alcoholic liquor, except that a license may be granted to
such official in relation to premises that are not located
within the territory subject to the jurisdiction of that
official if the issuance of such license is approved by
the State Liquor Control Commission and except that a
license may be granted, in a city or village with a
population of 55,000 or less, to any alderperson, member

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of a city council, or member of a village board of trustees
in relation to premises that are located within the
territory subject to the jurisdiction of that official if
(i) the sale of alcoholic liquor pursuant to the license
is incidental to the selling of food, (ii) the issuance of
the license is approved by the State Commission, (iii) the
issuance of the license is in accordance with all
applicable local ordinances in effect where the premises
are located, and (iv) the official granted a license does
not vote on alcoholic liquor issues pending before the
board or council to which the license holder is elected.
Notwithstanding any provision of this paragraph (14) to
the contrary, an alderperson or member of a city council
or commission, a member of a village board of trustees
other than the president of the village board of trustees,
or a member of a county board other than the president of a
county board may have a direct interest in the
manufacture, sale, or distribution of alcoholic liquor as
long as he or she is not a law enforcing public official, a
mayor, a village board president, or president of a county
board. To prevent any conflict of interest, the elected
official with the direct interest in the manufacture,
sale, or distribution of alcoholic liquor shall not
participate in any meetings, hearings, or decisions on
matters impacting the manufacture, sale, or distribution
of alcoholic liquor. Furthermore, the mayor of a city with

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a population of 55,000 or less or the president of a
village with a population of 55,000 or less may have an
interest in the manufacture, sale, or distribution of
alcoholic liquor as long as the council or board over
which he or she presides has made a local liquor control
commissioner appointment that complies with the
requirements of Section 4-2 of this Act.
(15) A person who is not a beneficial owner of the
business to be operated by the licensee.
(16) A person who has been convicted of a gambling
offense as proscribed by any of subsections (a) (3)
through (a) (11) of Section 28-1 of, or as proscribed by
Section 28-1.1 or 28-3 of, the Criminal Code of 1961 or the
Criminal Code of 2012, or as proscribed by a statute
replaced by any of the aforesaid statutory provisions.
(17) A person or entity to whom a federal wagering
stamp has been issued by the federal government, unless
the person or entity is eligible to be issued a license
under the Raffles and Poker Runs Act or the Illinois Pull
Tabs and Jar Games Act.
(18) A person who intends to sell alcoholic liquors
for use or consumption on his or her licensed retail
premises who does not have liquor liability insurance
coverage for that premises in an amount that is at least
equal to the maximum liability amounts set out in
subsection (a) of Section 6-21.

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(19) A person who is licensed by any licensing
authority as a manufacturer of beer, or any partnership,
corporation, limited liability company, or trust or any
subsidiary, affiliate, or agent thereof, or any other form
of business enterprise licensed as a manufacturer of beer,
having any legal, equitable, or beneficial interest,
directly or indirectly, in a person licensed in this State
as a distributor or importing distributor. For purposes of
this paragraph (19), a person who is licensed by any
licensing authority as a "manufacturer of beer" shall also
mean a brewer and a non-resident dealer who is also a
manufacturer of beer, including a partnership,
corporation, limited liability company, or trust or any
subsidiary, affiliate, or agent thereof, or any other form
of business enterprise licensed as a manufacturer of beer.
(20) A person who is licensed in this State as a
distributor or importing distributor, or any partnership,
corporation, limited liability company, or trust or any
subsidiary, affiliate, or agent thereof, or any other form
of business enterprise licensed in this State as a
distributor or importing distributor having any legal,
equitable, or beneficial interest, directly or indirectly,
in a person licensed as a manufacturer of beer by any
licensing authority, or any partnership, corporation,
limited liability company, or trust or any subsidiary,
affiliate, or agent thereof, or any other form of business

SB2391 - 80 - LRB104 08998 RLC 20871 b
enterprise, except for a person who owns, on or after the
effective date of this amendatory Act of the 98th General
Assembly, no more than 5% of the outstanding shares of a
manufacturer of beer whose shares are publicly traded on
an exchange within the meaning of the Securities Exchange
Act of 1934. For the purposes of this paragraph (20), a
person who is licensed by any licensing authority as a
"manufacturer of beer" shall also mean a brewer and a
non-resident dealer who is also a manufacturer of beer,
including a partnership, corporation, limited liability
company, or trust or any subsidiary, affiliate, or agent
thereof, or any other form of business enterprise licensed
as a manufacturer of beer.
(b) A criminal conviction of a corporation is not grounds
for the denial, suspension, or revocation of a license applied
for or held by the corporation if the criminal conviction was
not the result of a violation of any federal or State law
concerning the manufacture, possession or sale of alcoholic
liquor, the offense that led to the conviction did not result
in any financial gain to the corporation and the corporation
has terminated its relationship with each director, officer,
employee, or controlling shareholder whose actions directly
contributed to the conviction of the corporation. The
Commission shall determine if all provisions of this
subsection (b) have been met before any action on the
corporation's license is initiated.

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(Source: P.A. 101-541, eff. 8-23-19; 102-15, eff. 6-17-21.)
Section 10-20. The Juvenile Court Act of 1987 is amended
by changing Section 2-3 as follows:
(705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
Sec. 2-3. Neglected or abused minor.
(1) Those who are neglected include any minor under 18
years of age or a minor 18 years of age or older for whom the
court has made a finding of probable cause to believe that the
minor is abused, neglected, or dependent under subsection (1)
of Section 2-10 prior to the minor's 18th birthday:
(a) who is not receiving the proper or necessary
support, education as required by law, or medical or other
remedial care recognized under State law as necessary for
a minor's well-being, or other care necessary for the
minor's well-being, including adequate food, clothing, and
shelter, or who is abandoned by the minor's parent or
parents or other person or persons responsible for the
minor's welfare, except that a minor shall not be
considered neglected for the sole reason that the minor's
parent or parents or other person or persons responsible
for the minor's welfare have left the minor in the care of
an adult relative for any period of time, who the parent or
parents or other person responsible for the minor's
welfare know is both a mentally capable adult relative and

SB2391 - 82 - LRB104 08998 RLC 20871 b
physically capable adult relative, as defined by this Act;
or
(b) whose environment is injurious to the minor's
welfare; or
(c) who is a newborn infant whose blood, urine, or
meconium contains any amount of a controlled substance as
defined in subsection (f) of Section 102 of the Illinois
Controlled Substances Act or a metabolite of a controlled
substance, with the exception of controlled substances or
metabolites of such substances, the presence of which in
the newborn infant is the result of medical treatment
administered to the person who gave birth or the newborn
infant; or
(d) whose parent or other person responsible for the
minor's welfare leaves the minor without supervision for
an unreasonable period of time without regard for the
mental or physical health, safety, or welfare of that
minor. Whether the minor was left without regard for the
mental or physical health, safety, or welfare of that
minor or the period of time was unreasonable shall be
determined by considering factors including, but not
limited to, the following:
(1) the age of the minor;
(2) the number of minors left at the location;
(3) the special needs of the minor, including
whether the minor is a person with a physical or mental

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disability or is otherwise in need of ongoing
prescribed medical treatment, such as periodic doses
of insulin or other medications;
(4) the duration of time in which the minor was
left without supervision;
(5) the condition and location of the place where
the minor was left without supervision;
(6) the time of day or night when the minor was
left without supervision;
(7) the weather conditions, including whether the
minor was left in a location with adequate protection
from the natural elements, such as adequate heat or
light;
(8) the location of the parent or guardian at the
time the minor was left without supervision and the
physical distance the minor was from the parent or
guardian at the time the minor was without
supervision;
(9) whether the minor's movement was restricted or
the minor was otherwise locked within a room or other
structure;
(10) whether the minor was given a phone number of
a person or location to call in the event of an
emergency and whether the minor was capable of making
an emergency call;
(11) whether there was food and other provision

SB2391 - 84 - LRB104 08998 RLC 20871 b
left for the minor;
(12) whether any of the conduct is attributable to
economic hardship or illness and the parent, guardian,
or other person having physical custody or control of
the child made a good faith effort to provide for the
health and safety of the minor;
(13) the age and physical and mental capabilities
of the person or persons who provided supervision for
the minor;
(14) whether the minor was left under the
supervision of another person;
(15) any other factor that would endanger the
health and safety of that particular minor; or
(e) who has been provided with interim crisis
intervention services under Section 3-5 of this Act and
whose parent, guardian, or custodian refuses to permit the
minor to return home unless the minor is an immediate
physical danger to the minor or others living in the home.
A minor shall not be considered neglected for the sole
reason that the minor has been relinquished in accordance with
the Abandoned Newborn Infant Protection Act.
(1.5) A minor shall not be considered neglected for the
sole reason that the minor's parent or other person
responsible for the minor's welfare permits the minor to
engage in independent activities unless the minor was
permitted to engage in independent activities under

SB2391 - 85 - LRB104 08998 RLC 20871 b
circumstances presenting unreasonable risk of harm to the
minor's mental or physical health, safety, or well-being.
"Independent activities" includes, but is not limited to:
(a) traveling to and from school, including by
walking, running, or bicycling;
(b) traveling to and from nearby commercial or
recreational facilities;
(c) engaging in outdoor play;
(d) remaining in a vehicle unattended, except as
otherwise provided by law;
(e) remaining at home or at a similarly appropriate
location unattended; or
(f) engaging in a similar independent activity alone
or with other children.
In determining whether an independent activity presented
unreasonable risk of harm, the court shall consider:
(1) whether the activity is accepted as suitable for
minors of the same age, maturity level, and developmental
capacity as the involved minor;
(2) the factors listed in items (1) through (15) of
paragraph (d) of subsection (1); and
(3) any other factor the court deems relevant.
(2) Those who are abused include any minor under 18 years
of age or a minor 18 years of age or older for whom the court
has made a finding of probable cause to believe that the minor
is abused, neglected, or dependent under subsection (1) of

SB2391 - 86 - LRB104 08998 RLC 20871 b
Section 2-10 prior to the minor's 18th birthday whose parent
or immediate family member, or any person responsible for the
minor's welfare, or any person who is in the same family or
household as the minor, or any individual residing in the same
home as the minor, or a paramour of the minor's parent:
(i) inflicts, causes to be inflicted, or allows to be
inflicted upon such minor physical injury, by other than
accidental means, which causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(ii) creates a substantial risk of physical injury to
such minor by other than accidental means which would be
likely to cause death, disfigurement, impairment of
emotional health, or loss or impairment of any bodily
function;
(iii) commits or allows to be committed any sex
offense against such minor, as such sex offenses are
defined in the Criminal Code of 1961 or the Criminal Code
of 2012, or in the Wrongs to Children Act, and extending
those definitions of sex offenses to include minors under
18 years of age;
(iv) commits or allows to be committed an act or acts
of torture upon such minor;
(v) inflicts excessive corporal punishment;
(vi) commits or allows to be committed the offense of
involuntary servitude, involuntary sexual servitude of a

SB2391 - 87 - LRB104 08998 RLC 20871 b
minor, or trafficking in persons as defined in Section
10-9 of the Criminal Code of 1961 or the Criminal Code of
2012, upon such minor; or
(vii) allows, encourages, or requires a minor to
commit any act of sexual penetration prostitution, as
defined in Section 11-0.1 of the Criminal Code of 1961 or
the Criminal Code of 2012 if that act constitutes
promoting juvenile prostitution under the Criminal Code of
2012, and extending those definitions to include minors
under 18 years of age.
A minor shall not be considered abused for the sole reason
that the minor has been relinquished in accordance with the
Abandoned Newborn Infant Protection Act.
(3) This Section does not apply to a minor who would be
included herein solely for the purpose of qualifying for
financial assistance for the minor or the minor's parents,
guardian, or custodian.
(4) The changes made by Public Act 101-79 apply to a case
that is pending on or after July 12, 2019 (the effective date
of Public Act 101-79).
(Source: P.A. 103-22, eff. 8-8-23; 103-233, eff. 6-30-23;
103-605, eff. 7-1-24.)
Section 10-25. The Criminal Code of 2012 is amended by
changing Sections 1-6, 8-2, 10-9, 11-9.1A, 11-14.1, 11-14.3,
and 14-3 as follows:

SB2391 - 88 - LRB104 08998 RLC 20871 b
(720 ILCS 5/1-6) (from Ch. 38, par. 1-6)
Sec. 1-6. Place of trial.
(a) Generally.
Criminal actions shall be tried in the county where the
offense was committed, except as otherwise provided by law.
The State is not required to prove during trial that the
alleged offense occurred in any particular county in this
State. When a defendant contests the place of trial under this
Section, all proceedings regarding this issue shall be
conducted under Section 114-1 of the Code of Criminal
Procedure of 1963. All objections of improper place of trial
are waived by a defendant unless made before trial.
(b) Assailant and Victim in Different Counties.
If a person committing an offense upon the person of
another is located in one county and his victim is located in
another county at the time of the commission of the offense,
trial may be had in either of said counties.
(c) Death and Cause of Death in Different Places or
Undetermined.
If cause of death is inflicted in one county and death
ensues in another county, the offender may be tried in either
county. If neither the county in which the cause of death was
inflicted nor the county in which death ensued are known
before trial, the offender may be tried in the county where the
body was found.

SB2391 - 89 - LRB104 08998 RLC 20871 b
(d) Offense Commenced Outside the State.
If the commission of an offense commenced outside the
State is consummated within this State, the offender shall be
tried in the county where the offense is consummated.
(e) Offenses Committed in Bordering Navigable Waters.
If an offense is committed on any of the navigable waters
bordering on this State, the offender may be tried in any
county adjacent to such navigable water.
(f) Offenses Committed while in Transit.
If an offense is committed upon any railroad car, vehicle,
watercraft or aircraft passing within this State, and it
cannot readily be determined in which county the offense was
committed, the offender may be tried in any county through
which such railroad car, vehicle, watercraft or aircraft has
passed.
(g) Theft.
A person who commits theft of property may be tried in any
county in which he exerted control over such property.
(h) Bigamy.
A person who commits the offense of bigamy may be tried in
any county where the bigamous marriage or bigamous
cohabitation has occurred.
(i) Kidnaping.
A person who commits the offense of kidnaping may be tried
in any county in which his victim has traveled or has been
confined during the course of the offense.

SB2391 - 90 - LRB104 08998 RLC 20871 b
(j) Promoting prostitution. Pandering.
A person who commits the offense of promoting prostitution
pandering as set forth in subdivision (a)(2)(A) or (a)(2)(B)
of Section 11-14.3 may be tried in any county in which the
prostitution was practiced or in any county in which any act in
furtherance of the offense shall have been committed.
(k) Treason.
A person who commits the offense of treason may be tried in
any county.
(l) Criminal Defamation.
If criminal defamation is spoken, printed or written in
one county and is received or circulated in another or other
counties, the offender shall be tried in the county where the
defamation is spoken, printed or written. If the defamation is
spoken, printed or written outside this state, or the offender
resides outside this state, the offender may be tried in any
county in this state in which the defamation was circulated or
received.
(m) Inchoate Offenses.
A person who commits an inchoate offense may be tried in
any county in which any act which is an element of the offense,
including the agreement in conspiracy, is committed.
(n) Accountability for Conduct of Another.
Where a person in one county solicits, aids, abets,
agrees, or attempts to aid another in the planning or
commission of an offense in another county, he may be tried for

SB2391 - 91 - LRB104 08998 RLC 20871 b
the offense in either county.
(o) Child Abduction.
A person who commits the offense of child abduction may be
tried in any county in which his victim has traveled, been
detained, concealed or removed to during the course of the
offense. Notwithstanding the foregoing, unless for good cause
shown, the preferred place of trial shall be the county of the
residence of the lawful custodian.
(p) A person who commits the offense of narcotics
racketeering may be tried in any county where cannabis or a
controlled substance which is the basis for the charge of
narcotics racketeering was used; acquired; transferred or
distributed to, from or through; or any county where any act
was performed to further the use; acquisition, transfer or
distribution of said cannabis or controlled substance; any
money, property, property interest, or any other asset
generated by narcotics activities was acquired, used, sold,
transferred or distributed to, from or through; or, any
enterprise interest obtained as a result of narcotics
racketeering was acquired, used, transferred or distributed
to, from or through, or where any activity was conducted by the
enterprise or any conduct to further the interests of such an
enterprise.
(q) A person who commits the offense of money laundering
may be tried in any county where any part of a financial
transaction in criminally derived property took place or in

SB2391 - 92 - LRB104 08998 RLC 20871 b
any county where any money or monetary instrument which is the
basis for the offense was acquired, used, sold, transferred or
distributed to, from or through.
(r) A person who commits the offense of cannabis
trafficking or controlled substance trafficking may be tried
in any county.
(s) A person who commits the offense of online sale of
stolen property, online theft by deception, or electronic
fencing may be tried in any county where any one or more
elements of the offense took place, regardless of whether the
element of the offense was the result of acts by the accused,
the victim or by another person, and regardless of whether the
defendant was ever physically present within the boundaries of
the county.
(t) A person who commits the offense of identity theft or
aggravated identity theft may be tried in any one of the
following counties in which: (1) the offense occurred; (2) the
information used to commit the offense was illegally used; or
(3) the victim resides.
(u) A person who commits the offense of financial
exploitation of an elderly person or a person with a
disability may be tried in any one of the following counties in
which: (1) any part of the offense occurred; or (2) the victim
or one of the victims reside.
If a person is charged with more than one violation of
identity theft or aggravated identity theft and those

SB2391 - 93 - LRB104 08998 RLC 20871 b
violations may be tried in more than one county, any of those
counties is a proper venue for all of the violations.
(Source: P.A. 101-394, eff. 1-1-20.)
(720 ILCS 5/8-2) (from Ch. 38, par. 8-2)
Sec. 8-2. Conspiracy.
(a) Elements of the offense. A person commits the offense
of conspiracy when, with intent that an offense be committed,
he or she agrees with another to the commission of that
offense. No person may be convicted of conspiracy to commit an
offense unless an act in furtherance of that agreement is
alleged and proved to have been committed by him or her or by a
co-conspirator.
(b) Co-conspirators. It is not a defense to conspiracy
that the person or persons with whom the accused is alleged to
have conspired:
(1) have not been prosecuted or convicted,
(2) have been convicted of a different offense,
(3) are not amenable to justice,
(4) have been acquitted, or
(5) lacked the capacity to commit an offense.
(c) Sentence.
(1) Except as otherwise provided in this subsection or
Code, a person convicted of conspiracy to commit:
(A) a Class X felony shall be sentenced for a Class
1 felony;

SB2391 - 94 - LRB104 08998 RLC 20871 b
(B) a Class 1 felony shall be sentenced for a Class
2 felony;
(C) a Class 2 felony shall be sentenced for a Class
3 felony;
(D) a Class 3 felony shall be sentenced for a Class
4 felony;
(E) a Class 4 felony shall be sentenced for a Class
4 felony; and
(F) a misdemeanor may be fined or imprisoned or
both not to exceed the maximum provided for the
offense that is the object of the conspiracy.
(2) A person convicted of conspiracy to commit any of
the following offenses shall be sentenced for a Class X
felony:
(A) aggravated insurance fraud conspiracy when the
person is an organizer of the conspiracy (720 ILCS
5/46-4); or
(B) aggravated governmental entity insurance fraud
conspiracy when the person is an organizer of the
conspiracy (720 ILCS 5/46-4).
(3) A person convicted of conspiracy to commit any of
the following offenses shall be sentenced for a Class 1
felony:
(A) first degree murder (720 ILCS 5/9-1); or
(B) aggravated insurance fraud (720 ILCS 5/46-3)
or aggravated governmental insurance fraud (720 ILCS

SB2391 - 95 - LRB104 08998 RLC 20871 b
5/46-3).
(4) A person convicted of conspiracy to commit
insurance fraud (720 ILCS 5/46-3) or governmental entity
insurance fraud (720 ILCS 5/46-3) shall be sentenced for a
Class 2 felony.
(5) A person convicted of conspiracy to commit any of
the following offenses shall be sentenced for a Class 3
felony:
(A) promoting prostitution (paragraph (1) of
subsection (a) of Section 11-14.3) soliciting for a
prostitute (720 ILCS 5/11-14.3(a)(1));
(B) promoting prostitution (subparagraph (A) of
paragraph (2) of subsection (a) of Section 11-14.3)
pandering (720 ILCS 5/11-14.3(a)(2)(A) or
5/11-14.3(a)(2)(B));
(C) (blank) keeping a place of prostitution (720
ILCS 5/11-14.3(a)(1));
(D) (blank) pimping (720 ILCS 5/11-14.3(a)(2)(C));
(E) unlawful possession of weapons under Section
24-1(a)(1) (720 ILCS 5/24-1(a)(1));
(F) unlawful possession of weapons under Section
24-1(a)(7) (720 ILCS 5/24-1(a)(7));
(G) gambling (720 ILCS 5/28-1);
(H) keeping a gambling place (720 ILCS 5/28-3);
(I) registration of federal gambling stamps
violation (720 ILCS 5/28-4);

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(J) look-alike substances violation (720 ILCS
570/404);
(K) miscellaneous controlled substance violation
under Section 406(b) (720 ILCS 570/406(b)); or
(L) an inchoate offense related to any of the
principal offenses set forth in this item (5).
(Source: P.A. 103-822, eff. 1-1-25.)
(720 ILCS 5/10-9)
Sec. 10-9. Trafficking in persons, involuntary servitude,
and related offenses.
(a) Definitions. In this Section:
(1) "Intimidation" has the meaning prescribed in Section
12-6.
(2) "Commercial sexual activity" means any sex act on
account of which anything of value is given, promised to, or
received by any person.
(2.5) "Company" means any sole proprietorship,
organization, association, corporation, partnership, joint
venture, limited partnership, limited liability partnership,
limited liability limited partnership, limited liability
company, or other entity or business association, including
all wholly owned subsidiaries, majority-owned subsidiaries,
parent companies, or affiliates of those entities or business
associations, that exist for the purpose of making profit.
(3) "Financial harm" includes intimidation that brings

SB2391 - 97 - LRB104 08998 RLC 20871 b
about financial loss, criminal usury, or employment contracts
that violate the Frauds Act.
(4) (Blank).
(5) "Labor" means work of economic or financial value.
(6) "Maintain" means, in relation to labor or services, to
secure continued performance thereof, regardless of any
initial agreement on the part of the victim to perform that
type of service.
(7) "Obtain" means, in relation to labor or services, to
secure performance thereof.
(7.5) "Serious harm" means any harm, whether physical or
nonphysical, including psychological, financial, or
reputational harm, that is sufficiently serious, under all the
surrounding circumstances, to compel a reasonable person of
the same background and in the same circumstances to perform
or to continue performing labor or services in order to avoid
incurring that harm.
(8) "Services" means activities resulting from a
relationship between a person and the actor in which the
person performs activities under the supervision of or for the
benefit of the actor. Commercial sexual activity and
sexually-explicit performances are forms of activities that
are "services" under this Section. Nothing in this definition
may be construed to legitimize or legalize prostitution.
(9) "Sexually-explicit performance" means a live,
recorded, broadcast (including over the Internet), or public

SB2391 - 98 - LRB104 08998 RLC 20871 b
act or show intended to arouse or satisfy the sexual desires or
appeal to the prurient interests of patrons.
(10) "Trafficking victim" means a person subjected to the
practices set forth in subsection (b), (c), or (d).
(b) Involuntary servitude. A person commits involuntary
servitude when he or she knowingly subjects, attempts to
subject, or engages in a conspiracy to subject another person
to labor or services obtained or maintained through any of the
following means, or any combination of these means:
(1) causes or threatens to cause physical harm to any
person;
(2) physically restrains or threatens to physically
restrain another person;
(3) abuses or threatens to abuse the law or legal
process;
(4) knowingly destroys, conceals, removes,
confiscates, or possesses any actual or purported passport
or other immigration document, or any other actual or
purported government identification document, of another
person;
(5) uses intimidation, or exerts financial control
over any person; or
(6) uses any scheme, plan, or pattern intended to
cause the person to believe that, if the person did not
perform the labor or services, that person or another
person would suffer serious harm or physical restraint.

SB2391 - 99 - LRB104 08998 RLC 20871 b
Sentence. Except as otherwise provided in subsection (e)
or (f), a violation of subsection (b)(1) is a Class X felony,
(b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
(c) Involuntary sexual servitude of a minor. A person
commits involuntary sexual servitude of a minor when he or she
knowingly recruits, entices, harbors, transports, provides, or
obtains by any means, or attempts to recruit, entice, harbor,
provide, or obtain by any means, another person under 18 years
of age, knowing that the minor will engage in commercial
sexual activity, a sexually-explicit performance, or the
production of pornography, or causes or attempts to cause a
minor to engage in one or more of those activities and:
(1) there is no overt force or threat and the minor is
between the ages of 17 and 18 years;
(2) there is no overt force or threat and the minor is
under the age of 17 years; or
(3) there is overt force or threat.
Sentence. Except as otherwise provided in subsection (e)
or (f), a violation of subsection (c)(1) is a Class 1 felony,
(c)(2) is a Class X felony, and (c)(3) is a Class X felony.
(d) Trafficking in persons. A person commits trafficking
in persons when he or she knowingly: (1) recruits, entices,
harbors, transports, provides, or obtains by any means, or
attempts to recruit, entice, harbor, transport, provide, or
obtain by any means, another person, intending or knowing that

SB2391 - 100 - LRB104 08998 RLC 20871 b
the person will be subjected to involuntary servitude; or (2)
benefits, financially or by receiving anything of value, from
participation in a venture that has engaged in an act of
involuntary servitude or involuntary sexual servitude of a
minor. A company commits trafficking in persons when the
company knowingly benefits, financially or by receiving
anything of value, from participation in a venture that has
engaged in an act of involuntary servitude or involuntary
sexual servitude of a minor.
Sentence. Except as otherwise provided in subsection (e)
or (f), a violation of this subsection by a person is a Class 1
felony. A violation of this subsection by a company is a
business offense for which a fine of up to $100,000 may be
imposed.
(e) Aggravating factors. A violation of this Section
involving kidnapping or an attempt to kidnap, aggravated
criminal sexual assault or an attempt to commit aggravated
criminal sexual assault, or an attempt to commit first degree
murder is a Class X felony.
(f) Sentencing considerations.
(1) Bodily injury. If, pursuant to a violation of this
Section, a victim suffered bodily injury, the defendant
may be sentenced to an extended-term sentence under
Section 5-8-2 of the Unified Code of Corrections. The
sentencing court must take into account the time in which
the victim was held in servitude, with increased penalties

SB2391 - 101 - LRB104 08998 RLC 20871 b
for cases in which the victim was held for between 180 days
and one year, and increased penalties for cases in which
the victim was held for more than one year.
(2) Number of victims. In determining sentences within
statutory maximums, the sentencing court should take into
account the number of victims, and may provide for
substantially increased sentences in cases involving more
than 10 victims.
(g) Restitution. Restitution is mandatory under this
Section. In addition to any other amount of loss identified,
the court shall order restitution including the greater of (1)
the gross income or value to the defendant of the victim's
labor or services or (2) the value of the victim's labor as
guaranteed under the Minimum Wage Law and overtime provisions
of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
whichever is greater.
(g-5) Fine distribution. If the court imposes a fine under
subsection (b), (c), or (d) of this Section, it shall be
collected and distributed to the Specialized Services for
Survivors of Human Trafficking Fund in accordance with Section
5-9-1.21 of the Unified Code of Corrections.
(h) Trafficking victim services. Subject to the
availability of funds, the Department of Human Services may
provide or fund emergency services and assistance to
individuals who are victims of one or more offenses defined in
this Section.

SB2391 - 102 - LRB104 08998 RLC 20871 b
(i) Certification. The Attorney General, a State's
Attorney, or any law enforcement official shall certify in
writing to the United States Department of Justice or other
federal agency, such as the United States Department of
Homeland Security, that an investigation or prosecution under
this Section has begun and the individual who is a likely
victim of a crime described in this Section is willing to
cooperate or is cooperating with the investigation to enable
the individual, if eligible under federal law, to qualify for
an appropriate special immigrant visa and to access available
federal benefits. Cooperation with law enforcement shall not
be required of victims of a crime described in this Section who
are under 18 years of age. This certification shall be made
available to the victim and his or her designated legal
representative.
(j) A person who commits involuntary servitude,
involuntary sexual servitude of a minor, or trafficking in
persons under subsection (b), (c), or (d) of this Section is
subject to the property forfeiture provisions set forth in
Article 124B of the Code of Criminal Procedure of 1963.
(Source: P.A. 101-18, eff. 1-1-20.)
(720 ILCS 5/11-9.1A)
Sec. 11-9.1A. Permitting sexual abuse of a child.
(a) A person responsible for a child's welfare commits
permitting sexual abuse of a child if the person has actual

SB2391 - 103 - LRB104 08998 RLC 20871 b
knowledge of and permits an act of sexual abuse upon the child,
or permits the child to engage in an act of sexual penetration
as defined in Section 11-0.1 in exchange for money, goods, or
other benefits prostitution as defined in Section 11-14 of
this Code.
(b) In this Section:
"Actual knowledge" includes credible allegations made by
the child.
"Child" means a minor under the age of 17 years.
"Person responsible for the child's welfare" means the
child's parent, step-parent, legal guardian, or other person
having custody of a child, who is responsible for the child's
care at the time of the alleged sexual abuse.
"Prostitution" means prostitution as defined in Section
11-14 of this Code.
"Sexual abuse" includes criminal sexual abuse or criminal
sexual assault as defined in Section 11-1.20, 11-1.30,
11-1.40, 11-1.50, or 11-1.60 of this Code.
(c) This Section does not apply to a person responsible
for the child's welfare who, having reason to believe that
sexual abuse has occurred, makes timely and reasonable efforts
to stop the sexual abuse by reporting the sexual abuse in
conformance with the Abused and Neglected Child Reporting Act
or by reporting the sexual abuse, or causing a report to be
made, to medical or law enforcement authorities or anyone who
is a mandated reporter under Section 4 of the Abused and

SB2391 - 104 - LRB104 08998 RLC 20871 b
Neglected Child Reporting Act.
(d) Whenever a law enforcement officer has reason to
believe that the child or the person responsible for the
child's welfare has been abused by a family or household
member as defined by the Illinois Domestic Violence Act of
1986, the officer shall immediately use all reasonable means
to prevent further abuse under Section 112A-30 of the Code of
Criminal Procedure of 1963.
(e) An order of protection under Section 111-8 of the Code
of Criminal Procedure of 1963 shall be sought in all cases
where there is reason to believe that a child has been sexually
abused by a family or household member. In considering
appropriate available remedies, it shall be presumed that
awarding physical care or custody to the abuser is not in the
child's best interest.
(f) A person may not be charged with the offense of
permitting sexual abuse of a child under this Section until
the person who committed the offense is charged with criminal
sexual assault, aggravated criminal sexual assault, predatory
criminal sexual assault of a child, criminal sexual abuse,
aggravated criminal sexual abuse, or promoting juvenile
prostitution.
(g) A person convicted of permitting the sexual abuse of a
child is guilty of a Class 1 felony. As a condition of any
sentence of supervision, probation, conditional discharge, or
mandatory supervised release, any person convicted under this

SB2391 - 105 - LRB104 08998 RLC 20871 b
Section shall be ordered to undergo child sexual abuse,
domestic violence, or other appropriate counseling for a
specified duration with a qualified social or mental health
worker.
(h) It is an affirmative defense to a charge of permitting
sexual abuse of a child under this Section that the person
responsible for the child's welfare had a reasonable
apprehension that timely action to stop the abuse or
prostitution would result in the imminent infliction of death,
great bodily harm, permanent disfigurement, or permanent
disability to that person or another in retaliation for
reporting.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(720 ILCS 5/11-14.1)
Sec. 11-14.1. Solicitation of a sexual act.
(a) Any person who offers a person not his or her spouse
any money, property, token, object, or article or anything of
value for that person or any other person not his or her spouse
to perform any act of sexual penetration as defined in Section
11-0.1 of this Code, or any touching or fondling of the sex
organs of one person by another person for the purpose of
sexual arousal or gratification, commits solicitation of a
sexual act.
(b) Sentence. Solicitation of a sexual act is a Class A
misdemeanor. Solicitation of a sexual act from a person who is

SB2391 - 106 - LRB104 08998 RLC 20871 b
under the age of 18 or who is a person with a severe or
profound intellectual disability is a Class 4 felony. If the
court imposes a fine under this subsection (b), it shall be
collected and distributed to the Specialized Services for
Survivors of Human Trafficking Fund in accordance with Section
5-9-1.21 of the Unified Code of Corrections.
(b-5) (Blank).
(c) This Section does not apply to a person engaged in
prostitution who is under 18 years of age.
(d) (Blank). A person cannot be convicted under this
Section if the practice of prostitution underlying the offense
consists exclusively of the accused's own acts of prostitution
under Section 11-14 of this Code.
(Source: P.A. 102-939, eff. 1-1-23.)
(720 ILCS 5/11-14.3)
Sec. 11-14.3. Promoting prostitution.
(a) Any person who knowingly performs any of the following
acts commits promoting prostitution:
(1) advances prostitution as defined in Section
11-0.1, within 1,000 feet of real property comprising a
school;
(2) profits from prostitution by:
(A) compelling a person to become a prostitute;
(B) (blank); or arranging or offering to arrange a
situation in which a person may practice prostitution;

SB2391 - 107 - LRB104 08998 RLC 20871 b
or
(C) (blank). any means other than those described
in subparagraph (A) or (B), including from a person
who patronizes a prostitute. This paragraph (C) does
not apply to a person engaged in prostitution who is
under 18 years of age. A person cannot be convicted of
promoting prostitution under this paragraph (C) if the
practice of prostitution underlying the offense
consists exclusively of the accused's own acts of
prostitution under Section 11-14 of this Code.
(b) Sentence.
(1) A violation of subdivision (a)(1) is a Class 3 4
felony, unless committed within 1,000 feet of real
property comprising a school, in which case it is a Class 3
felony. A second or subsequent violation of subdivision
(a)(1), or any combination of convictions under
subdivision (a)(1) or , (a)(2)(A), or (a)(2)(B) and Section
11-14 (prostitution), 11-14.1 (solicitation of a sexual
act), 11-14.4 (promoting juvenile prostitution), 11-15
(soliciting for a prostitute), 11-15.1 (soliciting for a
juvenile prostitute), 11-16 (pandering), 11-17 (keeping a
place of prostitution), 11-17.1 (keeping a place of
juvenile prostitution), 11-18 (patronizing a prostitute),
11-18.1 (patronizing a juvenile prostitute), 11-19
(pimping), 11-19.1 (juvenile pimping or aggravated
juvenile pimping), or 11-19.2 (exploitation of a child),

SB2391 - 108 - LRB104 08998 RLC 20871 b
is a Class 3 felony.
(2) A violation of subdivision (a)(2)(A) or (a)(2)(B)
is a Class 4 felony, unless committed within 1,000 feet of
real property comprising a school, in which case it is a
Class 3 felony.
(3) (Blank). A violation of subdivision (a)(2)(C) is a
Class 4 felony, unless committed within 1,000 feet of real
property comprising a school, in which case it is a Class 3
felony. A second or subsequent violation of subdivision
(a)(2)(C), or any combination of convictions under
subdivision (a)(2)(C) and subdivision (a)(1), (a)(2)(A),
or (a)(2)(B) of this Section (promoting prostitution),
11-14 (prostitution), 11-14.1 (solicitation of a sexual
act), 11-14.4 (promoting juvenile prostitution), 11-15
(soliciting for a prostitute), 11-15.1 (soliciting for a
juvenile prostitute), 11-16 (pandering), 11-17 (keeping a
place of prostitution), 11-17.1 (keeping a place of
juvenile prostitution), 11-18 (patronizing a prostitute),
11-18.1 (patronizing a juvenile prostitute), 11-19
(pimping), 11-19.1 (juvenile pimping or aggravated
juvenile pimping), or 11-19.2 (exploitation of a child),
is a Class 3 felony.
If the court imposes a fine under this subsection (b), it
shall be collected and distributed to the Specialized Services
for Survivors of Human Trafficking Fund in accordance with
Section 5-9-1.21 of the Unified Code of Corrections.

SB2391 - 109 - LRB104 08998 RLC 20871 b
(Source: P.A. 98-1013, eff. 1-1-15.)
(720 ILCS 5/14-3)
Sec. 14-3. Exemptions. The following activities shall be
exempt from the provisions of this Article:
(a) Listening to radio, wireless electronic
communications, and television communications of any sort
where the same are publicly made;
(b) Hearing conversation when heard by employees of
any common carrier by wire incidental to the normal course
of their employment in the operation, maintenance or
repair of the equipment of such common carrier by wire so
long as no information obtained thereby is used or
divulged by the hearer;
(c) Any broadcast by radio, television or otherwise
whether it be a broadcast or recorded for the purpose of
later broadcasts of any function where the public is in
attendance and the conversations are overheard incidental
to the main purpose for which such broadcasts are then
being made;
(d) Recording or listening with the aid of any device
to any emergency communication made in the normal course
of operations by any federal, state or local law
enforcement agency or institutions dealing in emergency
services, including, but not limited to, hospitals,
clinics, ambulance services, fire fighting agencies, any

SB2391 - 110 - LRB104 08998 RLC 20871 b
public utility, emergency repair facility, civilian
defense establishment or military installation;
(e) Recording the proceedings of any meeting required
to be open by the Open Meetings Act, as amended;
(f) Recording or listening with the aid of any device
to incoming telephone calls of phone lines publicly listed
or advertised as consumer "hotlines" by manufacturers or
retailers of food and drug products. Such recordings must
be destroyed, erased or turned over to local law
enforcement authorities within 24 hours from the time of
such recording and shall not be otherwise disseminated.
Failure on the part of the individual or business
operating any such recording or listening device to comply
with the requirements of this subsection shall eliminate
any civil or criminal immunity conferred upon that
individual or business by the operation of this Section;
(g) With prior notification to the State's Attorney of
the county in which it is to occur, recording or listening
with the aid of any device to any conversation where a law
enforcement officer, or any person acting at the direction
of law enforcement, is a party to the conversation and has
consented to it being intercepted or recorded under
circumstances where the use of the device is necessary for
the protection of the law enforcement officer or any
person acting at the direction of law enforcement, in the
course of an investigation of a forcible felony, a felony

SB2391 - 111 - LRB104 08998 RLC 20871 b
offense of involuntary servitude, involuntary sexual
servitude of a minor, or trafficking in persons under
Section 10-9 of this Code, an offense involving
prostitution, solicitation of a sexual act, or promoting
prostitution under subparagraph (A) of paragraph (2) of
subsection (a) of Section 11-14.3 of the Criminal Code of
2012 pandering, a felony violation of the Illinois
Controlled Substances Act, a felony violation of the
Cannabis Control Act, a felony violation of the
Methamphetamine Control and Community Protection Act, any
"streetgang related" or "gang-related" felony as those
terms are defined in the Illinois Streetgang Terrorism
Omnibus Prevention Act, or any felony offense involving
any weapon listed in paragraphs (1) through (11) of
subsection (a) of Section 24-1 of this Code. Any recording
or evidence derived as the result of this exemption shall
be inadmissible in any proceeding, criminal, civil or
administrative, except (i) where a party to the
conversation suffers great bodily injury or is killed
during such conversation, or (ii) when used as direct
impeachment of a witness concerning matters contained in
the interception or recording. The Director of the
Illinois State Police shall issue regulations as are
necessary concerning the use of devices, retention of tape
recordings, and reports regarding their use;
(g-5) (Blank);

SB2391 - 112 - LRB104 08998 RLC 20871 b
(g-6) With approval of the State's Attorney of the
county in which it is to occur, recording or listening
with the aid of any device to any conversation where a law
enforcement officer, or any person acting at the direction
of law enforcement, is a party to the conversation and has
consented to it being intercepted or recorded in the
course of an investigation of child pornography,
aggravated child pornography, indecent solicitation of a
child, luring of a minor, sexual exploitation of a child,
aggravated criminal sexual abuse in which the victim of
the offense was at the time of the commission of the
offense under 18 years of age, or criminal sexual abuse by
force or threat of force in which the victim of the offense
was at the time of the commission of the offense under 18
years of age. In all such cases, an application for an
order approving the previous or continuing use of an
eavesdropping device must be made within 48 hours of the
commencement of such use. In the absence of such an order,
or upon its denial, any continuing use shall immediately
terminate. The Director of the Illinois State Police shall
issue rules as are necessary concerning the use of
devices, retention of recordings, and reports regarding
their use. Any recording or evidence obtained or derived
in the course of an investigation of child pornography,
aggravated child pornography, indecent solicitation of a
child, luring of a minor, sexual exploitation of a child,

SB2391 - 113 - LRB104 08998 RLC 20871 b
aggravated criminal sexual abuse in which the victim of
the offense was at the time of the commission of the
offense under 18 years of age, or criminal sexual abuse by
force or threat of force in which the victim of the offense
was at the time of the commission of the offense under 18
years of age shall, upon motion of the State's Attorney or
Attorney General prosecuting any case involving child
pornography, aggravated child pornography, indecent
solicitation of a child, luring of a minor, sexual
exploitation of a child, aggravated criminal sexual abuse
in which the victim of the offense was at the time of the
commission of the offense under 18 years of age, or
criminal sexual abuse by force or threat of force in which
the victim of the offense was at the time of the commission
of the offense under 18 years of age be reviewed in camera
with notice to all parties present by the court presiding
over the criminal case, and, if ruled by the court to be
relevant and otherwise admissible, it shall be admissible
at the trial of the criminal case. Absent such a ruling,
any such recording or evidence shall not be admissible at
the trial of the criminal case;
(h) Recordings made simultaneously with the use of an
in-car video camera recording of an oral conversation
between a uniformed peace officer, who has identified his
or her office, and a person in the presence of the peace
officer whenever (i) an officer assigned a patrol vehicle

SB2391 - 114 - LRB104 08998 RLC 20871 b
is conducting an enforcement stop; or (ii) patrol vehicle
emergency lights are activated or would otherwise be
activated if not for the need to conceal the presence of
law enforcement.
For the purposes of this subsection (h), "enforcement
stop" means an action by a law enforcement officer in
relation to enforcement and investigation duties,
including but not limited to, traffic stops, pedestrian
stops, abandoned vehicle contacts, motorist assists,
commercial motor vehicle stops, roadside safety checks,
requests for identification, or responses to requests for
emergency assistance;
(h-5) Recordings of utterances made by a person while
in the presence of a uniformed peace officer and while an
occupant of a police vehicle including, but not limited
to, (i) recordings made simultaneously with the use of an
in-car video camera and (ii) recordings made in the
presence of the peace officer utilizing video or audio
systems, or both, authorized by the law enforcement
agency;
(h-10) Recordings made simultaneously with a video
camera recording during the use of a taser or similar
weapon or device by a peace officer if the weapon or device
is equipped with such camera;
(h-15) Recordings made under subsection (h), (h-5), or
(h-10) shall be retained by the law enforcement agency

SB2391 - 115 - LRB104 08998 RLC 20871 b
that employs the peace officer who made the recordings for
a storage period of 90 days, unless the recordings are
made as a part of an arrest or the recordings are deemed
evidence in any criminal, civil, or administrative
proceeding and then the recordings must only be destroyed
upon a final disposition and an order from the court.
Under no circumstances shall any recording be altered or
erased prior to the expiration of the designated storage
period. Upon completion of the storage period, the
recording medium may be erased and reissued for
operational use;
(i) Recording of a conversation made by or at the
request of a person, not a law enforcement officer or
agent of a law enforcement officer, who is a party to the
conversation, under reasonable suspicion that another
party to the conversation is committing, is about to
commit, or has committed a criminal offense against the
person or a member of his or her immediate household, and
there is reason to believe that evidence of the criminal
offense may be obtained by the recording;
(j) The use of a telephone monitoring device by either
(1) a corporation or other business entity engaged in
marketing or opinion research or (2) a corporation or
other business entity engaged in telephone solicitation,
as defined in this subsection, to record or listen to oral
telephone solicitation conversations or marketing or

SB2391 - 116 - LRB104 08998 RLC 20871 b
opinion research conversations by an employee of the
corporation or other business entity when:
(i) the monitoring is used for the purpose of
service quality control of marketing or opinion
research or telephone solicitation, the education or
training of employees or contractors engaged in
marketing or opinion research or telephone
solicitation, or internal research related to
marketing or opinion research or telephone
solicitation; and
(ii) the monitoring is used with the consent of at
least one person who is an active party to the
marketing or opinion research conversation or
telephone solicitation conversation being monitored.
No communication or conversation or any part, portion,
or aspect of the communication or conversation made,
acquired, or obtained, directly or indirectly, under this
exemption (j), may be, directly or indirectly, furnished
to any law enforcement officer, agency, or official for
any purpose or used in any inquiry or investigation, or
used, directly or indirectly, in any administrative,
judicial, or other proceeding, or divulged to any third
party.
When recording or listening authorized by this
subsection (j) on telephone lines used for marketing or
opinion research or telephone solicitation purposes

SB2391 - 117 - LRB104 08998 RLC 20871 b
results in recording or listening to a conversation that
does not relate to marketing or opinion research or
telephone solicitation; the person recording or listening
shall, immediately upon determining that the conversation
does not relate to marketing or opinion research or
telephone solicitation, terminate the recording or
listening and destroy any such recording as soon as is
practicable.
Business entities that use a telephone monitoring or
telephone recording system pursuant to this exemption (j)
shall provide current and prospective employees with
notice that the monitoring or recordings may occur during
the course of their employment. The notice shall include
prominent signage notification within the workplace.
Business entities that use a telephone monitoring or
telephone recording system pursuant to this exemption (j)
shall provide their employees or agents with access to
personal-only telephone lines which may be pay telephones,
that are not subject to telephone monitoring or telephone
recording.
For the purposes of this subsection (j), "telephone
solicitation" means a communication through the use of a
telephone by live operators:
(i) soliciting the sale of goods or services;
(ii) receiving orders for the sale of goods or
services;

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(iii) assisting in the use of goods or services;
or
(iv) engaging in the solicitation, administration,
or collection of bank or retail credit accounts.
For the purposes of this subsection (j), "marketing or
opinion research" means a marketing or opinion research
interview conducted by a live telephone interviewer
engaged by a corporation or other business entity whose
principal business is the design, conduct, and analysis of
polls and surveys measuring the opinions, attitudes, and
responses of respondents toward products and services, or
social or political issues, or both;
(k) Electronic recordings, including but not limited
to, a motion picture, videotape, digital, or other visual
or audio recording, made of a custodial interrogation of
an individual at a police station or other place of
detention by a law enforcement officer under Section
5-401.5 of the Juvenile Court Act of 1987 or Section
103-2.1 of the Code of Criminal Procedure of 1963;
(l) Recording the interview or statement of any person
when the person knows that the interview is being
conducted by a law enforcement officer or prosecutor and
the interview takes place at a police station that is
currently participating in the Custodial Interview Pilot
Program established under the Illinois Criminal Justice
Information Act;

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(m) An electronic recording, including but not limited
to, a motion picture, videotape, digital, or other visual
or audio recording, made of the interior of a school bus
while the school bus is being used in the transportation
of students to and from school and school-sponsored
activities, when the school board has adopted a policy
authorizing such recording, notice of such recording
policy is included in student handbooks and other
documents including the policies of the school, notice of
the policy regarding recording is provided to parents of
students, and notice of such recording is clearly posted
on the door of and inside the school bus.
Recordings made pursuant to this subsection (m) shall
be confidential records and may only be used by school
officials (or their designees) and law enforcement
personnel for investigations, school disciplinary actions
and hearings, proceedings under the Juvenile Court Act of
1987, and criminal prosecutions, related to incidents
occurring in or around the school bus;
(n) Recording or listening to an audio transmission
from a microphone placed by a person under the authority
of a law enforcement agency inside a bait car surveillance
vehicle while simultaneously capturing a photographic or
video image;
(o) The use of an eavesdropping camera or audio device
during an ongoing hostage or barricade situation by a law

SB2391 - 120 - LRB104 08998 RLC 20871 b
enforcement officer or individual acting on behalf of a
law enforcement officer when the use of such device is
necessary to protect the safety of the general public,
hostages, or law enforcement officers or anyone acting on
their behalf;
(p) Recording or listening with the aid of any device
to incoming telephone calls of phone lines publicly listed
or advertised as the "CPS Violence Prevention Hotline",
but only where the notice of recording is given at the
beginning of each call as required by Section 34-21.8 of
the School Code. The recordings may be retained only by
the Chicago Police Department or other law enforcement
authorities, and shall not be otherwise retained or
disseminated;
(q)(1) With prior request to and written or verbal
approval of the State's Attorney of the county in which
the conversation is anticipated to occur, recording or
listening with the aid of an eavesdropping device to a
conversation in which a law enforcement officer, or any
person acting at the direction of a law enforcement
officer, is a party to the conversation and has consented
to the conversation being intercepted or recorded in the
course of an investigation of a qualified offense. The
State's Attorney may grant this approval only after
determining that reasonable cause exists to believe that
inculpatory conversations concerning a qualified offense

SB2391 - 121 - LRB104 08998 RLC 20871 b
will occur with a specified individual or individuals
within a designated period of time.
(2) Request for approval. To invoke the exception
contained in this subsection (q), a law enforcement
officer shall make a request for approval to the
appropriate State's Attorney. The request may be written
or verbal; however, a written memorialization of the
request must be made by the State's Attorney. This request
for approval shall include whatever information is deemed
necessary by the State's Attorney but shall include, at a
minimum, the following information about each specified
individual whom the law enforcement officer believes will
commit a qualified offense:
(A) his or her full or partial name, nickname or
alias;
(B) a physical description; or
(C) failing either (A) or (B) of this paragraph
(2), any other supporting information known to the law
enforcement officer at the time of the request that
gives rise to reasonable cause to believe that the
specified individual will participate in an
inculpatory conversation concerning a qualified
offense.
(3) Limitations on approval. Each written approval by
the State's Attorney under this subsection (q) shall be
limited to:

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(A) a recording or interception conducted by a
specified law enforcement officer or person acting at
the direction of a law enforcement officer;
(B) recording or intercepting conversations with
the individuals specified in the request for approval,
provided that the verbal approval shall be deemed to
include the recording or intercepting of conversations
with other individuals, unknown to the law enforcement
officer at the time of the request for approval, who
are acting in conjunction with or as co-conspirators
with the individuals specified in the request for
approval in the commission of a qualified offense;
(C) a reasonable period of time but in no event
longer than 24 consecutive hours;
(D) the written request for approval, if
applicable, or the written memorialization must be
filed, along with the written approval, with the
circuit clerk of the jurisdiction on the next business
day following the expiration of the authorized period
of time, and shall be subject to review by the Chief
Judge or his or her designee as deemed appropriate by
the court.
(3.5) The written memorialization of the request for
approval and the written approval by the State's Attorney
may be in any format, including via facsimile, email, or
otherwise, so long as it is capable of being filed with the

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circuit clerk.
(3.10) Beginning March 1, 2015, each State's Attorney
shall annually submit a report to the General Assembly
disclosing:
(A) the number of requests for each qualified
offense for approval under this subsection; and
(B) the number of approvals for each qualified
offense given by the State's Attorney.
(4) Admissibility of evidence. No part of the contents
of any wire, electronic, or oral communication that has
been recorded or intercepted as a result of this exception
may be received in evidence in any trial, hearing, or
other proceeding in or before any court, grand jury,
department, officer, agency, regulatory body, legislative
committee, or other authority of this State, or a
political subdivision of the State, other than in a
prosecution of:
(A) the qualified offense for which approval was
given to record or intercept a conversation under this
subsection (q);
(B) a forcible felony committed directly in the
course of the investigation of the qualified offense
for which approval was given to record or intercept a
conversation under this subsection (q); or
(C) any other forcible felony committed while the
recording or interception was approved in accordance

SB2391 - 124 - LRB104 08998 RLC 20871 b
with this subsection (q), but for this specific
category of prosecutions, only if the law enforcement
officer or person acting at the direction of a law
enforcement officer who has consented to the
conversation being intercepted or recorded suffers
great bodily injury or is killed during the commission
of the charged forcible felony.
(5) Compliance with the provisions of this subsection
is a prerequisite to the admissibility in evidence of any
part of the contents of any wire, electronic or oral
communication that has been intercepted as a result of
this exception, but nothing in this subsection shall be
deemed to prevent a court from otherwise excluding the
evidence on any other ground recognized by State or
federal law, nor shall anything in this subsection be
deemed to prevent a court from independently reviewing the
admissibility of the evidence for compliance with the
Fourth Amendment to the U.S. Constitution or with Article
I, Section 6 of the Illinois Constitution.
(6) Use of recordings or intercepts unrelated to
qualified offenses. Whenever any private conversation or
private electronic communication has been recorded or
intercepted as a result of this exception that is not
related to an offense for which the recording or intercept
is admissible under paragraph (4) of this subsection (q),
no part of the contents of the communication and evidence

SB2391 - 125 - LRB104 08998 RLC 20871 b
derived from the communication may be received in evidence
in any trial, hearing, or other proceeding in or before
any court, grand jury, department, officer, agency,
regulatory body, legislative committee, or other authority
of this State, or a political subdivision of the State,
nor may it be publicly disclosed in any way.
(6.5) The Illinois State Police shall adopt rules as
are necessary concerning the use of devices, retention of
recordings, and reports regarding their use under this
subsection (q).
(7) Definitions. For the purposes of this subsection
(q) only:
"Forcible felony" includes and is limited to those
offenses contained in Section 2-8 of the Criminal Code
of 1961 as of the effective date of this amendatory Act
of the 97th General Assembly, and only as those
offenses have been defined by law or judicial
interpretation as of that date.
"Qualified offense" means and is limited to:
(A) a felony violation of the Cannabis Control
Act, the Illinois Controlled Substances Act, or
the Methamphetamine Control and Community
Protection Act, except for violations of:
(i) Section 4 of the Cannabis Control Act;
(ii) Section 402 of the Illinois
Controlled Substances Act; and

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(iii) Section 60 of the Methamphetamine
Control and Community Protection Act; and
(B) first degree murder, solicitation of
murder for hire, predatory criminal sexual assault
of a child, criminal sexual assault, aggravated
criminal sexual assault, aggravated arson,
kidnapping, aggravated kidnapping, child
abduction, trafficking in persons, involuntary
servitude, involuntary sexual servitude of a
minor, or gunrunning.
"State's Attorney" includes and is limited to the
State's Attorney or an assistant State's Attorney
designated by the State's Attorney to provide verbal
approval to record or intercept conversations under
this subsection (q).
(8) Sunset. This subsection (q) is inoperative on and
after January 1, 2027. No conversations intercepted
pursuant to this subsection (q), while operative, shall be
inadmissible in a court of law by virtue of the
inoperability of this subsection (q) on January 1, 2027.
(9) Recordings, records, and custody. Any private
conversation or private electronic communication
intercepted by a law enforcement officer or a person
acting at the direction of law enforcement shall, if
practicable, be recorded in such a way as will protect the
recording from editing or other alteration. Any and all

SB2391 - 127 - LRB104 08998 RLC 20871 b
original recordings made under this subsection (q) shall
be inventoried without unnecessary delay pursuant to the
law enforcement agency's policies for inventorying
evidence. The original recordings shall not be destroyed
except upon an order of a court of competent jurisdiction;
and
(r) Electronic recordings, including but not limited
to, motion picture, videotape, digital, or other visual or
audio recording, made of a lineup under Section 107A-2 of
the Code of Criminal Procedure of 1963.
(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
102-918, eff. 5-27-22.)
(720 ILCS 5/11-14 rep.)
(720 ILCS 5/11-18 rep.)
Section 10-30. The Criminal Code of 2012 is amended by
repealing Sections 11-14 and 11-18.
Section 10-35. The Improper Supervision of Children Act is
amended by changing Section 1 as follows:
(720 ILCS 640/1) (from Ch. 23, par. 2369)
Sec. 1. Any parent, legal guardian or other person commits
improper supervision of a child when he knowingly permits a
child in his custody or control under the age of 18 years to
associate with known thieves, burglars, felons, narcotic

SB2391 - 128 - LRB104 08998 RLC 20871 b
addicts or other persons of ill repute, visit a place where
acts of sexual penetration as defined in Section 11-0.1 of the
Criminal Code of 2012 are conducted for money or other thing of
value of prostitution, commit a lewd act, commit an act
tending to break the peace or violate a municipal curfew
ordinance.
(Source: Laws 1961, p. 2454.)
Section 10-36. The Code of Criminal Procedure of 1963 is
amended by changing Section 108B-3 as follows:
(725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3)
Sec. 108B-3. Authorization for the interception of private
communication.
(a) The State's Attorney, or a person designated in
writing or by law to act for him and to perform his duties
during his absence or disability, may authorize, in writing,
an ex parte application to the chief judge of a court of
competent jurisdiction for an order authorizing the
interception of a private communication when no party has
consented to the interception and (i) the interception may
provide evidence of, or may assist in the apprehension of a
person who has committed, is committing or is about to commit,
a violation of Section 8-1(b) (solicitation of murder), 8-1.2
(solicitation of murder for hire), 9-1 (first degree murder),
10-9 (involuntary servitude, involuntary sexual servitude of a

SB2391 - 129 - LRB104 08998 RLC 20871 b
minor, or trafficking in persons), paragraph (1), (2), or (3)
of subsection (a) of Section 11-14.4 (promoting juvenile
prostitution), subdivision (a)(2)(A) or (a)(2)(B) of Section
11-14.3 (promoting prostitution), 11-15.1 (soliciting for a
minor engaged in prostitution), 11-16 (pandering), 11-17.1
(keeping a place of juvenile prostitution), 11-18.1
(patronizing a minor engaged in prostitution), 11-19.1
(juvenile pimping and aggravated juvenile pimping), or 29B-1
(money laundering) of the Criminal Code of 1961 or the
Criminal Code of 2012, Section 401, 401.1 (controlled
substance trafficking), 405, 405.1 (criminal drug conspiracy)
or 407 of the Illinois Controlled Substances Act or any
Section of the Methamphetamine Control and Community
Protection Act, a violation of Section 24-2.1, 24-2.2, 24-3,
24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection
24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10),
or 24-1(c) of the Criminal Code of 1961 or the Criminal Code of
2012 or conspiracy to commit money laundering or conspiracy to
commit first degree murder; (ii) in response to a clear and
present danger of imminent death or great bodily harm to
persons resulting from: (1) a kidnapping or the holding of a
hostage by force or the threat of the imminent use of force; or
(2) the occupation by force or the threat of the imminent use
of force of any premises, place, vehicle, vessel or aircraft;
(iii) to aid an investigation or prosecution of a civil action
brought under the Illinois Streetgang Terrorism Omnibus

SB2391 - 130 - LRB104 08998 RLC 20871 b
Prevention Act when there is probable cause to believe the
interception of the private communication will provide
evidence that a streetgang is committing, has committed, or
will commit a second or subsequent gang-related offense or
that the interception of the private communication will aid in
the collection of a judgment entered under that Act; or (iv)
upon information and belief that a streetgang has committed,
is committing, or is about to commit a felony.
(b) The State's Attorney or a person designated in writing
or by law to act for the State's Attorney and to perform his or
her duties during his or her absence or disability, may
authorize, in writing, an ex parte application to the chief
judge of a circuit court for an order authorizing the
interception of a private communication when no party has
consented to the interception and the interception may provide
evidence of, or may assist in the apprehension of a person who
has committed, is committing or is about to commit, a
violation of an offense under Article 29D of the Criminal Code
of 1961 or the Criminal Code of 2012.
(b-1) Subsection (b) is inoperative on and after January
1, 2005.
(b-2) No conversations recorded or monitored pursuant to
subsection (b) shall be made inadmissible in a court of law by
virtue of subsection (b-1).
(c) As used in this Section, "streetgang" and
"gang-related" have the meanings ascribed to them in Section

SB2391 - 131 - LRB104 08998 RLC 20871 b
10 of the Illinois Streetgang Terrorism Omnibus Prevention
Act.
(Source: P.A. 96-710, eff. 1-1-10; 96-1464, eff. 8-20-10;
97-897, eff. 1-1-13; 97-1150, eff. 1-25-13.)
(725 ILCS 5/115-6.1 rep.)
Section 10-40. The Code of Criminal Procedure of 1963 is
amended by repealing Section 115-6.1.
Section 10-45. The Unified Code of Corrections is amended
by changing Section 5-4-1 as follows:
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
Sec. 5-4-1. Sentencing hearing.
(a) After a determination of guilt, a hearing shall be
held to impose the sentence. However, prior to the imposition
of sentence on an individual being sentenced for an offense
based upon a charge for a violation of Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance, the individual must undergo a professional
evaluation to determine if an alcohol or other drug abuse
problem exists and the extent of such a problem. Programs
conducting these evaluations shall be licensed by the
Department of Human Services. However, if the individual is
not a resident of Illinois, the court may, in its discretion,
accept an evaluation from a program in the state of such

SB2391 - 132 - LRB104 08998 RLC 20871 b
individual's residence. The court shall make a specific
finding about whether the defendant is eligible for
participation in a Department impact incarceration program as
provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an
explanation as to why a sentence to impact incarceration is
not an appropriate sentence. The court may in its sentencing
order recommend a defendant for placement in a Department of
Corrections substance abuse treatment program as provided in
paragraph (a) of subsection (1) of Section 3-2-2 conditioned
upon the defendant being accepted in a program by the
Department of Corrections. At the hearing the court shall:
(1) consider the evidence, if any, received upon the
trial;
(2) consider any presentence reports;
(3) consider the financial impact of incarceration
based on the financial impact statement filed with the
clerk of the court by the Department of Corrections;
(4) consider evidence and information offered by the
parties in aggravation and mitigation;
(4.5) consider substance abuse treatment, eligibility
screening, and an assessment, if any, of the defendant by
an agent designated by the State of Illinois to provide
assessment services for the Illinois courts;
(5) hear arguments as to sentencing alternatives;
(6) afford the defendant the opportunity to make a
statement in his own behalf;

SB2391 - 133 - LRB104 08998 RLC 20871 b
(7) afford the victim of a violent crime or a
violation of Section 11-501 of the Illinois Vehicle Code,
or a similar provision of a local ordinance, the
opportunity to present an oral or written statement, as
guaranteed by Article I, Section 8.1 of the Illinois
Constitution and provided in Section 6 of the Rights of
Crime Victims and Witnesses Act. The court shall allow a
victim to make an oral statement if the victim is present
in the courtroom and requests to make an oral or written
statement. An oral or written statement includes the
victim or a representative of the victim reading the
written statement. The court may allow persons impacted by
the crime who are not victims under subsection (a) of
Section 3 of the Rights of Crime Victims and Witnesses Act
to present an oral or written statement. A victim and any
person making an oral statement shall not be put under
oath or subject to cross-examination. All statements
offered under this paragraph (7) shall become part of the
record of the court. In this paragraph (7), "victim of a
violent crime" means a person who is a victim of a violent
crime for which the defendant has been convicted after a
bench or jury trial or a person who is the victim of a
violent crime with which the defendant was charged and the
defendant has been convicted under a plea agreement of a
crime that is not a violent crime as defined in subsection
(c) of 3 of the Rights of Crime Victims and Witnesses Act;

SB2391 - 134 - LRB104 08998 RLC 20871 b
(7.5) afford a qualified person affected by: (i) a
violation of Section 405, 405.1, 405.2, or 407 of the
Illinois Controlled Substances Act or a violation of
Section 55 or Section 65 of the Methamphetamine Control
and Community Protection Act; or (ii) a Class 4 felony
violation of Section 11-14, 11-14.3 except as described in
subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
11-18.1, or 11-19 of the Criminal Code of 1961 or the
Criminal Code of 2012, committed by the defendant the
opportunity to make a statement concerning the impact on
the qualified person and to offer evidence in aggravation
or mitigation; provided that the statement and evidence
offered in aggravation or mitigation shall first be
prepared in writing in conjunction with the State's
Attorney before it may be presented orally at the hearing.
Sworn testimony offered by the qualified person is subject
to the defendant's right to cross-examine. All statements
and evidence offered under this paragraph (7.5) shall
become part of the record of the court. In this paragraph
(7.5), "qualified person" means any person who: (i) lived
or worked within the territorial jurisdiction where the
offense took place when the offense took place; or (ii) is
familiar with various public places within the territorial
jurisdiction where the offense took place when the offense
took place. "Qualified person" includes any peace officer
or any member of any duly organized State, county, or

SB2391 - 135 - LRB104 08998 RLC 20871 b
municipal peace officer unit assigned to the territorial
jurisdiction where the offense took place when the offense
took place;
(8) in cases of reckless homicide afford the victim's
spouse, guardians, parents or other immediate family
members an opportunity to make oral statements;
(9) in cases involving a felony sex offense as defined
under the Sex Offender Management Board Act, consider the
results of the sex offender evaluation conducted pursuant
to Section 5-3-2 of this Act; and
(10) make a finding of whether a motor vehicle was
used in the commission of the offense for which the
defendant is being sentenced.
(b) All sentences shall be imposed by the judge based upon
his independent assessment of the elements specified above and
any agreement as to sentence reached by the parties. The judge
who presided at the trial or the judge who accepted the plea of
guilty shall impose the sentence unless he is no longer
sitting as a judge in that court. Where the judge does not
impose sentence at the same time on all defendants who are
convicted as a result of being involved in the same offense,
the defendant or the State's Attorney may advise the
sentencing court of the disposition of any other defendants
who have been sentenced.
(b-1) In imposing a sentence of imprisonment or periodic
imprisonment for a Class 3 or Class 4 felony for which a

SB2391 - 136 - LRB104 08998 RLC 20871 b
sentence of probation or conditional discharge is an available
sentence, if the defendant has no prior sentence of probation
or conditional discharge and no prior conviction for a violent
crime, the defendant shall not be sentenced to imprisonment
before review and consideration of a presentence report and
determination and explanation of why the particular evidence,
information, factor in aggravation, factual finding, or other
reasons support a sentencing determination that one or more of
the factors under subsection (a) of Section 5-6-1 of this Code
apply and that probation or conditional discharge is not an
appropriate sentence.
(c) In imposing a sentence for a violent crime or for an
offense of operating or being in physical control of a vehicle
while under the influence of alcohol, any other drug or any
combination thereof, or a similar provision of a local
ordinance, when such offense resulted in the personal injury
to someone other than the defendant, the trial judge shall
specify on the record the particular evidence, information,
factors in mitigation and aggravation or other reasons that
led to his sentencing determination. The full verbatim record
of the sentencing hearing shall be filed with the clerk of the
court and shall be a public record.
(c-1) In imposing a sentence for the offense of aggravated
kidnapping for ransom, home invasion, armed robbery,
aggravated vehicular hijacking, aggravated discharge of a
firearm, or armed violence with a category I weapon or

SB2391 - 137 - LRB104 08998 RLC 20871 b
category II weapon, the trial judge shall make a finding as to
whether the conduct leading to conviction for the offense
resulted in great bodily harm to a victim, and shall enter that
finding and the basis for that finding in the record.
(c-1.5) Notwithstanding any other provision of law to the
contrary, in imposing a sentence for an offense that requires
a mandatory minimum sentence of imprisonment, the court may
instead sentence the offender to probation, conditional
discharge, or a lesser term of imprisonment it deems
appropriate if: (1) the offense involves the use or possession
of drugs, retail theft, or driving on a revoked license due to
unpaid financial obligations; (2) the court finds that the
defendant does not pose a risk to public safety; and (3) the
interest of justice requires imposing a term of probation,
conditional discharge, or a lesser term of imprisonment. The
court must state on the record its reasons for imposing
probation, conditional discharge, or a lesser term of
imprisonment.
(c-2) If the defendant is sentenced to prison, other than
when a sentence of natural life imprisonment is imposed, at
the time the sentence is imposed the judge shall state on the
record in open court the approximate period of time the
defendant will serve in custody according to the then current
statutory rules and regulations for sentence credit found in
Section 3-6-3 and other related provisions of this Code. This
statement is intended solely to inform the public, has no

SB2391 - 138 - LRB104 08998 RLC 20871 b
legal effect on the defendant's actual release, and may not be
relied on by the defendant on appeal.
The judge's statement, to be given after pronouncing the
sentence, other than when the sentence is imposed for one of
the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her
sentence credit, the period of estimated actual custody is ...
years and ... months, less up to 180 days additional earned
sentence credit. If the defendant, because of his or her own
misconduct or failure to comply with the institutional
regulations, does not receive those credits, the actual time
served in prison will be longer. The defendant may also
receive an additional one-half day sentence credit for each
day of participation in vocational, industry, substance abuse,
and educational programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(2) of Section 3-6-3, other than
first degree murder, and the offense was committed on or after
June 19, 1998, and when the sentence is imposed for reckless

SB2391 - 139 - LRB104 08998 RLC 20871 b
homicide as defined in subsection (e) of Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
offense was committed on or after January 1, 1999, and when the
sentence is imposed for aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of Section
11-501 of the Illinois Vehicle Code, and when the sentence is
imposed for aggravated arson if the offense was committed on
or after July 27, 2001 (the effective date of Public Act
92-176), and when the sentence is imposed for aggravated
driving under the influence of alcohol, other drug or drugs,
or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (C) of paragraph (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle Code
committed on or after January 1, 2011 (the effective date of
Public Act 96-1230), the judge's statement, to be given after
pronouncing the sentence, shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is entitled to no more than 4 1/2 days of
sentence credit for each month of his or her sentence of

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imprisonment. Therefore, this defendant will serve at least
85% of his or her sentence. Assuming the defendant receives 4
1/2 days credit for each month of his or her sentence, the
period of estimated actual custody is ... years and ...
months. If the defendant, because of his or her own misconduct
or failure to comply with the institutional regulations
receives lesser credit, the actual time served in prison will
be longer."
When a sentence of imprisonment is imposed for first
degree murder and the offense was committed on or after June
19, 1998, the judge's statement, to be given after pronouncing
the sentence, shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is not entitled to sentence credit.
Therefore, this defendant will serve 100% of his or her
sentence."
When the sentencing order recommends placement in a
substance abuse program for any offense that results in
incarceration in a Department of Corrections facility and the
crime was committed on or after September 1, 2003 (the
effective date of Public Act 93-354), the judge's statement,

SB2391 - 141 - LRB104 08998 RLC 20871 b
in addition to any other judge's statement required under this
Section, to be given after pronouncing the sentence, shall
include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant shall receive no earned sentence credit
under clause (3) of subsection (a) of Section 3-6-3 until he or
she participates in and completes a substance abuse treatment
program or receives a waiver from the Director of Corrections
pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
(c-4) Before the sentencing hearing and as part of the
presentence investigation under Section 5-3-1, the court shall
inquire of the defendant whether the defendant is currently
serving in or is a veteran of the Armed Forces of the United
States. If the defendant is currently serving in the Armed
Forces of the United States or is a veteran of the Armed Forces
of the United States and has been diagnosed as having a mental
illness by a qualified psychiatrist or clinical psychologist
or physician, the court may:
(1) order that the officer preparing the presentence
report consult with the United States Department of
Veterans Affairs, Illinois Department of Veterans'

SB2391 - 142 - LRB104 08998 RLC 20871 b
Affairs, or another agency or person with suitable
knowledge or experience for the purpose of providing the
court with information regarding treatment options
available to the defendant, including federal, State, and
local programming; and
(2) consider the treatment recommendations of any
diagnosing or treating mental health professionals
together with the treatment options available to the
defendant in imposing sentence.
For the purposes of this subsection (c-4), "qualified
psychiatrist" means a reputable physician licensed in Illinois
to practice medicine in all its branches, who has specialized
in the diagnosis and treatment of mental and nervous disorders
for a period of not less than 5 years.
(c-6) In imposing a sentence, the trial judge shall
specify, on the record, the particular evidence and other
reasons which led to his or her determination that a motor
vehicle was used in the commission of the offense.
(c-7) In imposing a sentence for a Class 3 or 4 felony,
other than a violent crime as defined in Section 3 of the
Rights of Crime Victims and Witnesses Act, the court shall
determine and indicate in the sentencing order whether the
defendant has 4 or more or fewer than 4 months remaining on his
or her sentence accounting for time served.
(d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the

SB2391 - 143 - LRB104 08998 RLC 20871 b
defendant may file a statement with the clerk of the court to
be transmitted to the department, agency or institution to
which the defendant is committed to furnish such department,
agency or institution with the facts and circumstances of the
offense for which the person was committed together with all
other factual information accessible to them in regard to the
person prior to his commitment relative to his habits,
associates, disposition and reputation and any other facts and
circumstances which may aid such department, agency or
institution during its custody of such person. The clerk shall
within 10 days after receiving any such statements transmit a
copy to such department, agency or institution and a copy to
the other party, provided, however, that this shall not be
cause for delay in conveying the person to the department,
agency or institution to which he has been committed.
(e) The clerk of the court shall transmit to the
department, agency or institution, if any, to which the
defendant is committed, the following:
(1) the sentence imposed;
(2) any statement by the court of the basis for
imposing the sentence;
(3) any presentence reports;
(3.3) the person's last known complete street address
prior to incarceration or legal residence, the person's
race, whether the person is of Hispanic or Latino origin,
and whether the person is 18 years of age or older;

SB2391 - 144 - LRB104 08998 RLC 20871 b
(3.5) any sex offender evaluations;
(3.6) any substance abuse treatment eligibility
screening and assessment of the defendant by an agent
designated by the State of Illinois to provide assessment
services for the Illinois courts;
(4) the number of days, if any, which the defendant
has been in custody and for which he is entitled to credit
against the sentence, which information shall be provided
to the clerk by the sheriff;
(4.1) any finding of great bodily harm made by the
court with respect to an offense enumerated in subsection
(c-1);
(5) all statements filed under subsection (d) of this
Section;
(6) any medical or mental health records or summaries
of the defendant;
(7) the municipality where the arrest of the offender
or the commission of the offense has occurred, where such
municipality has a population of more than 25,000 persons;
(8) all statements made and evidence offered under
paragraph (7) of subsection (a) of this Section; and
(9) all additional matters which the court directs the
clerk to transmit.
(f) In cases in which the court finds that a motor vehicle
was used in the commission of the offense for which the
defendant is being sentenced, the clerk of the court shall,

SB2391 - 145 - LRB104 08998 RLC 20871 b
within 5 days thereafter, forward a report of such conviction
to the Secretary of State.
(Source: P.A. 102-813, eff. 5-13-22; 103-18, eff. 1-1-24;
103-51, eff. 1-1-24; 103-605, eff. 7-1-24.)
Section 10-50. The Sex Offender Registration Act is
amended by changing Section 2 as follows:
(730 ILCS 150/2) (from Ch. 38, par. 222)
Sec. 2. Definitions.
(A) As used in this Article, "sex offender" means any
person who is:
(1) charged pursuant to Illinois law, or any
substantially similar federal, Uniform Code of Military
Justice, sister state, or foreign country law, with a sex
offense set forth in subsection (B) of this Section or the
attempt to commit an included sex offense, and:
(a) is convicted of such offense or an attempt to
commit such offense; or
(b) is found not guilty by reason of insanity of
such offense or an attempt to commit such offense; or
(c) is found not guilty by reason of insanity
pursuant to Section 104-25(c) of the Code of Criminal
Procedure of 1963 of such offense or an attempt to
commit such offense; or
(d) is the subject of a finding not resulting in an

SB2391 - 146 - LRB104 08998 RLC 20871 b
acquittal at a hearing conducted pursuant to Section
104-25(a) of the Code of Criminal Procedure of 1963
for the alleged commission or attempted commission of
such offense; or
(e) is found not guilty by reason of insanity
following a hearing conducted pursuant to a federal,
Uniform Code of Military Justice, sister state, or
foreign country law substantially similar to Section
104-25(c) of the Code of Criminal Procedure of 1963 of
such offense or of the attempted commission of such
offense; or
(f) is the subject of a finding not resulting in an
acquittal at a hearing conducted pursuant to a
federal, Uniform Code of Military Justice, sister
state, or foreign country law substantially similar to
Section 104-25(a) of the Code of Criminal Procedure of
1963 for the alleged violation or attempted commission
of such offense; or
(2) declared as a sexually dangerous person pursuant
to the Illinois Sexually Dangerous Persons Act, or any
substantially similar federal, Uniform Code of Military
Justice, sister state, or foreign country law; or
(3) subject to the provisions of Section 2 of the
Interstate Agreements on Sexually Dangerous Persons Act;
or
(4) found to be a sexually violent person pursuant to

SB2391 - 147 - LRB104 08998 RLC 20871 b
the Sexually Violent Persons Commitment Act or any
substantially similar federal, Uniform Code of Military
Justice, sister state, or foreign country law; or
(5) adjudicated a juvenile delinquent as the result of
committing or attempting to commit an act which, if
committed by an adult, would constitute any of the
offenses specified in item (B), (C), or (C-5) of this
Section or a violation of any substantially similar
federal, Uniform Code of Military Justice, sister state,
or foreign country law, or found guilty under Article V of
the Juvenile Court Act of 1987 of committing or attempting
to commit an act which, if committed by an adult, would
constitute any of the offenses specified in item (B), (C),
or (C-5) of this Section or a violation of any
substantially similar federal, Uniform Code of Military
Justice, sister state, or foreign country law.
Convictions that result from or are connected with the
same act, or result from offenses committed at the same time,
shall be counted for the purpose of this Article as one
conviction. Any conviction set aside pursuant to law is not a
conviction for purposes of this Article.
For purposes of this Section, "convicted" shall have the
same meaning as "adjudicated".
(B) As used in this Article, "sex offense" means:
(1) A violation of any of the following Sections of
the Criminal Code of 1961 or the Criminal Code of 2012:

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11-20.1 (child pornography),
11-20.1B or 11-20.3 (aggravated child
pornography),
11-6 (indecent solicitation of a child),
11-9.1 (sexual exploitation of a child),
11-9.2 (custodial sexual misconduct),
11-9.5 (sexual misconduct with a person with a
disability),
11-14.4 (promoting juvenile prostitution),
11-15.1 (soliciting for a juvenile prostitute),
11-18.1 (patronizing a juvenile prostitute),
11-17.1 (keeping a place of juvenile
prostitution),
11-19.1 (juvenile pimping),
11-19.2 (exploitation of a child),
11-25 (grooming),
11-26 (traveling to meet a minor or traveling to
meet a child),
11-1.20 or 12-13 (criminal sexual assault),
11-1.30 or 12-14 (aggravated criminal sexual
assault),
11-1.40 or 12-14.1 (predatory criminal sexual
assault of a child),
11-1.50 or 12-15 (criminal sexual abuse),
11-1.60 or 12-16 (aggravated criminal sexual
abuse),

SB2391 - 149 - LRB104 08998 RLC 20871 b
12-33 (ritualized abuse of a child).
An attempt to commit any of these offenses.
(1.5) A violation of any of the following Sections of
the Criminal Code of 1961 or the Criminal Code of 2012,
when the victim is a person under 18 years of age, the
defendant is not a parent of the victim, the offense was
sexually motivated as defined in Section 10 of the Sex
Offender Evaluation and Treatment Act, and the offense was
committed on or after January 1, 1996:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
If the offense was committed before January 1, 1996,
it is a sex offense requiring registration only when the
person is convicted of any felony after July 1, 2011, and
paragraph (2.1) of subsection (c) of Section 3 of this Act
applies.
(1.6) First degree murder under Section 9-1 of the
Criminal Code of 1961 or the Criminal Code of 2012,
provided the offense was sexually motivated as defined in
Section 10 of the Sex Offender Management Board Act.
(1.7) (Blank).
(1.8) A violation or attempted violation of Section
11-11 (sexual relations within families) of the Criminal
Code of 1961 or the Criminal Code of 2012, and the offense

SB2391 - 150 - LRB104 08998 RLC 20871 b
was committed on or after June 1, 1997. If the offense was
committed before June 1, 1997, it is a sex offense
requiring registration only when the person is convicted
of any felony after July 1, 2011, and paragraph (2.1) of
subsection (c) of Section 3 of this Act applies.
(1.9) Child abduction under paragraph (10) of
subsection (b) of Section 10-5 of the Criminal Code of
1961 or the Criminal Code of 2012 committed by luring or
attempting to lure a child under the age of 16 into a motor
vehicle, building, house trailer, or dwelling place
without the consent of the parent or lawful custodian of
the child for other than a lawful purpose and the offense
was committed on or after January 1, 1998, provided the
offense was sexually motivated as defined in Section 10 of
the Sex Offender Management Board Act. If the offense was
committed before January 1, 1998, it is a sex offense
requiring registration only when the person is convicted
of any felony after July 1, 2011, and paragraph (2.1) of
subsection (c) of Section 3 of this Act applies.
(1.10) A violation or attempted violation of any of
the following Sections of the Criminal Code of 1961 or the
Criminal Code of 2012 when the offense was committed on or
after July 1, 1999:
10-4 (forcible detention, if the victim is under
18 years of age), provided the offense was sexually
motivated as defined in Section 10 of the Sex Offender

SB2391 - 151 - LRB104 08998 RLC 20871 b
Management Board Act,
11-6.5 (indecent solicitation of an adult),
11-14.3 that involves soliciting for a prostitute,
or 11-15 (soliciting for a prostitute, if the victim
is under 18 years of age),
subdivision (a)(2)(A) or (a)(2)(B) of Section
11-14.3, or Section 11-16 (pandering, if the victim is
under 18 years of age),
11-18.1 (patronizing a minor engaged in
prostitution) 11-18 (patronizing a prostitute, if the
victim is under 18 years of age),
subdivision (a)(2)(C) of Section 11-14.3, or
Section 11-19 (pimping, if the victim is under 18
years of age).
If the offense was committed before July 1, 1999, it
is a sex offense requiring registration only when the
person is convicted of any felony after July 1, 2011, and
paragraph (2.1) of subsection (c) of Section 3 of this Act
applies.
(1.11) A violation or attempted violation of any of
the following Sections of the Criminal Code of 1961 or the
Criminal Code of 2012 when the offense was committed on or
after August 22, 2002:
11-9 or 11-30 (public indecency for a third or
subsequent conviction).
If the third or subsequent conviction was imposed

SB2391 - 152 - LRB104 08998 RLC 20871 b
before August 22, 2002, it is a sex offense requiring
registration only when the person is convicted of any
felony after July 1, 2011, and paragraph (2.1) of
subsection (c) of Section 3 of this Act applies.
(1.12) A violation or attempted violation of Section
5.1 of the Wrongs to Children Act or Section 11-9.1A of the
Criminal Code of 1961 or the Criminal Code of 2012
(permitting sexual abuse) when the offense was committed
on or after August 22, 2002. If the offense was committed
before August 22, 2002, it is a sex offense requiring
registration only when the person is convicted of any
felony after July 1, 2011, and paragraph (2.1) of
subsection (c) of Section 3 of this Act applies.
(2) A violation of any former law of this State
substantially equivalent to any offense listed in
subsection (B) of this Section.
(C) A conviction for an offense of federal law, Uniform
Code of Military Justice, or the law of another state or a
foreign country that is substantially equivalent to any
offense listed in subsections (B), (C), (E), and (E-5) of this
Section shall constitute a conviction for the purpose of this
Article. A finding or adjudication as a sexually dangerous
person or a sexually violent person under any federal law,
Uniform Code of Military Justice, or the law of another state
or foreign country that is substantially equivalent to the
Sexually Dangerous Persons Act or the Sexually Violent Persons

SB2391 - 153 - LRB104 08998 RLC 20871 b
Commitment Act shall constitute an adjudication for the
purposes of this Article.
(C-5) A person at least 17 years of age at the time of the
commission of the offense who is convicted of first degree
murder under Section 9-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, against a person under 18 years of age,
shall be required to register for natural life. A conviction
for an offense of federal, Uniform Code of Military Justice,
sister state, or foreign country law that is substantially
equivalent to any offense listed in subsection (C-5) of this
Section shall constitute a conviction for the purpose of this
Article. This subsection (C-5) applies to a person who
committed the offense before June 1, 1996 if: (i) the person is
incarcerated in an Illinois Department of Corrections facility
on August 20, 2004 (the effective date of Public Act 93-977),
or (ii) subparagraph (i) does not apply and the person is
convicted of any felony after July 1, 2011, and paragraph
(2.1) of subsection (c) of Section 3 of this Act applies.
(C-6) A person who is convicted or adjudicated delinquent
of first degree murder as defined in Section 9-1 of the
Criminal Code of 1961 or the Criminal Code of 2012, against a
person 18 years of age or over, shall be required to register
for his or her natural life. A conviction for an offense of
federal, Uniform Code of Military Justice, sister state, or
foreign country law that is substantially equivalent to any
offense listed in subsection (C-6) of this Section shall

SB2391 - 154 - LRB104 08998 RLC 20871 b
constitute a conviction for the purpose of this Article. This
subsection (C-6) does not apply to those individuals released
from incarceration more than 10 years prior to January 1, 2012
(the effective date of Public Act 97-154).
(D) As used in this Article, "law enforcement agency
having jurisdiction" means the Chief of Police in each of the
municipalities in which the sex offender expects to reside,
work, or attend school (1) upon his or her discharge, parole or
release or (2) during the service of his or her sentence of
probation or conditional discharge, or the Sheriff of the
county, in the event no Police Chief exists or if the offender
intends to reside, work, or attend school in an unincorporated
area. "Law enforcement agency having jurisdiction" includes
the location where out-of-state students attend school and
where out-of-state employees are employed or are otherwise
required to register.
(D-1) As used in this Article, "supervising officer" means
the assigned Illinois Department of Corrections parole agent
or county probation officer.
(E) As used in this Article, "sexual predator" means any
person who, after July 1, 1999, is:
(1) Convicted for an offense of federal, Uniform Code
of Military Justice, sister state, or foreign country law
that is substantially equivalent to any offense listed in
subsection (E) or (E-5) of this Section shall constitute a
conviction for the purpose of this Article. Convicted of a

SB2391 - 155 - LRB104 08998 RLC 20871 b
violation or attempted violation of any of the following
Sections of the Criminal Code of 1961 or the Criminal Code
of 2012:
10-5.1 (luring of a minor),
11-14.4 that involves keeping a place of juvenile
prostitution, or 11-17.1 (keeping a place of juvenile
prostitution),
subdivision (a)(2) or (a)(3) of Section 11-14.4,
or Section 11-19.1 (juvenile pimping),
subdivision (a)(4) of Section 11-14.4, or Section
11-19.2 (exploitation of a child),
11-20.1 (child pornography),
11-20.1B or 11-20.3 (aggravated child
pornography),
11-1.20 or 12-13 (criminal sexual assault),
11-1.30 or 12-14 (aggravated criminal sexual
assault),
11-1.40 or 12-14.1 (predatory criminal sexual
assault of a child),
11-1.60 or 12-16 (aggravated criminal sexual
abuse),
12-33 (ritualized abuse of a child);
(2) (blank);
(3) declared as a sexually dangerous person pursuant
to the Sexually Dangerous Persons Act or any substantially
similar federal, Uniform Code of Military Justice, sister

SB2391 - 156 - LRB104 08998 RLC 20871 b
state, or foreign country law;
(4) found to be a sexually violent person pursuant to
the Sexually Violent Persons Commitment Act or any
substantially similar federal, Uniform Code of Military
Justice, sister state, or foreign country law;
(5) convicted of a second or subsequent offense which
requires registration pursuant to this Act. For purposes
of this paragraph (5), "convicted" shall include a
conviction under any substantially similar Illinois,
federal, Uniform Code of Military Justice, sister state,
or foreign country law;
(6) (blank); or
(7) if the person was convicted of an offense set
forth in this subsection (E) on or before July 1, 1999, the
person is a sexual predator for whom registration is
required only when the person is convicted of a felony
offense after July 1, 2011, and paragraph (2.1) of
subsection (c) of Section 3 of this Act applies.
(E-5) As used in this Article, "sexual predator" also
means a person convicted of a violation or attempted violation
of any of the following Sections of the Criminal Code of 1961
or the Criminal Code of 2012:
(1) Section 9-1 (first degree murder, when the victim
was a person under 18 years of age and the defendant was at
least 17 years of age at the time of the commission of the
offense, provided the offense was sexually motivated as

SB2391 - 157 - LRB104 08998 RLC 20871 b
defined in Section 10 of the Sex Offender Management Board
Act);
(2) Section 11-9.5 (sexual misconduct with a person
with a disability);
(3) when the victim is a person under 18 years of age,
the defendant is not a parent of the victim, the offense
was sexually motivated as defined in Section 10 of the Sex
Offender Management Board Act, and the offense was
committed on or after January 1, 1996: (A) Section 10-1
(kidnapping), (B) Section 10-2 (aggravated kidnapping),
(C) Section 10-3 (unlawful restraint), and (D) Section
10-3.1 (aggravated unlawful restraint); and
(4) Section 10-5(b)(10) (child abduction committed by
luring or attempting to lure a child under the age of 16
into a motor vehicle, building, house trailer, or dwelling
place without the consent of the parent or lawful
custodian of the child for other than a lawful purpose and
the offense was committed on or after January 1, 1998,
provided the offense was sexually motivated as defined in
Section 10 of the Sex Offender Management Board Act).
(E-10) As used in this Article, "sexual predator" also
means a person required to register in another State due to a
conviction, adjudication or other action of any court
triggering an obligation to register as a sex offender, sexual
predator, or substantially similar status under the laws of
that State.

SB2391 - 158 - LRB104 08998 RLC 20871 b
(F) As used in this Article, "out-of-state student" means
any sex offender, as defined in this Section, or sexual
predator who is enrolled in Illinois, on a full-time or
part-time basis, in any public or private educational
institution, including, but not limited to, any secondary
school, trade or professional institution, or institution of
higher learning.
(G) As used in this Article, "out-of-state employee" means
any sex offender, as defined in this Section, or sexual
predator who works in Illinois, regardless of whether the
individual receives payment for services performed, for a
period of time of 10 or more days or for an aggregate period of
time of 30 or more days during any calendar year. Persons who
operate motor vehicles in the State accrue one day of
employment time for any portion of a day spent in Illinois.
(H) As used in this Article, "school" means any public or
private educational institution, including, but not limited
to, any elementary or secondary school, trade or professional
institution, or institution of higher education.
(I) As used in this Article, "fixed residence" means any
and all places that a sex offender resides for an aggregate
period of time of 5 or more days in a calendar year.
(J) As used in this Article, "Internet protocol address"
means the string of numbers by which a location on the Internet
is identified by routers or other computers connected to the
Internet.

SB2391 - 159 - LRB104 08998 RLC 20871 b
(Source: P.A. 100-428, eff. 1-1-18.)
Section 10-55. The Lewdness Public Nuisance Act is amended
by changing Sections 1 and 10 as follows:
(740 ILCS 105/1) (from Ch. 100 1/2, par. 1)
Sec. 1. All buildings and apartments, and all places, and
the fixtures and movable contents thereof, used for purposes
of lewdness, assignation, or prostitution, are hereby declared
to be public nuisances, and may be abated as hereinafter
provided. The owners, agents, and occupants of any such
building or apartment, or of any such place shall be deemed
guilty of maintaining a public nuisance, and may be enjoined
as hereinafter provided.
(Source: Laws 1915, p. 371.)
(740 ILCS 105/10) (from Ch. 100 1/2, par. 10)
Sec. 10. If any lessee or occupant shall use leased
premises for the purpose of lewdness, assignation or
prostitution, or shall permit them to be used for any of such
purposes, the lease or contract for letting such premises
shall, at the option of the lessor, become void, and the owner
may have the like remedy to recover possession thereof as
against a tenant holding over after the expiration of his
term.
(Source: Laws 1915, p. 371.)

SB2391 - 160 - LRB104 08998 RLC 20871 b
Section 10-60. The Illinois Securities Law of 1953 is
amended by changing Section 7a as follows:
(815 ILCS 5/7a) (from Ch. 121 1/2, par. 137.7a)
Sec. 7a. (a) Except as provided in subsection (b) of this
Section, no securities, issued by an issuer engaged in or
deriving revenues from the conduct of any business or
profession, the conduct of which would violate Section 11-14,
11-14.3 or , 11-14.4 as described in subdivision (a)(1),
(a)(2), or (a)(3) or that involves soliciting for a juvenile
prostitute, 11-15, 11-15.1, 11-16, 11-17, 11-19 or 11-19.1 of
the Criminal Code of 1961 or the Criminal Code of 2012, if
conducted in this State, shall be sold or registered pursuant
to Section 5, 6 or 7 of this Act nor sold pursuant to the
provisions of Section 3 or 4 of this Act.
(b) Notwithstanding the provisions of subsection (a)
hereof, such securities issued prior to the effective date of
this amendatory Act of 1989 may be sold by a resident of this
State in transactions which qualify for an exemption from the
registration requirements of this Act pursuant to subsection A
of Section 4 of this Act.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
ARTICLE 99

SB2391 - 161 - LRB104 08998 RLC 20871 b
Section 99-95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.
ARTICLE 99
Section 99-99. Effective date. This Act takes effect upon
becoming law.
SB2391 - 162 - LRB104 08998 RLC 20871 b
INDEX
Statutes amended in order of appearance
New Act
20 ILCS 2630/5.2
225 ILCS 57/15
225 ILCS 57/45
225 ILCS 515/10 from Ch. 111, par. 910
235 ILCS 5/6-2 from Ch. 43, par. 120
705 ILCS 405/2-3 from Ch. 37, par. 802-3
720 ILCS 5/1-6 from Ch. 38, par. 1-6
720 ILCS 5/8-2 from Ch. 38, par. 8-2
720 ILCS 5/10-9
720 ILCS 5/11-9.1A
720 ILCS 5/11-14.1
720 ILCS 5/11-14.3
720 ILCS 5/14-3
720 ILCS 5/11-14 rep.
720 ILCS 5/11-18 rep.
720 ILCS 640/1 from Ch. 23, par. 2369
725 ILCS 5/108B-3 from Ch. 38, par. 108B-3
725 ILCS 5/115-6.1 rep.
730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1
730 ILCS 150/2 from Ch. 38, par. 222
740 ILCS 105/1 from Ch. 100 1/2, par. 1
740 ILCS 105/10 from Ch. 100 1/2, par. 10
SB2391 - 163 - LRB104 08998 RLC 20871 b
815 ILCS 5/7a from Ch. 121 1/2, par. 137.7a