Bill Text: IL SB2940 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Provides that a person who is convicted of obscene depiction of a purported child is ineligible to receive a school bus driver permit. Amends the Criminal Code of 2012. Provides that "child pornography" includes the depiction of a part of an actual child under 18 who by manipulation, creation, or modification, appears to be engaged in sexual activity. Creates the offenses of obscene depiction of a purported child and non-consensual dissemination of sexually explicit digitized depictions. Defines offenses and provides criminal penalties for violations. Amends the Code of Criminal Procedure of 1963. Provides for the forfeiture to the State: (1) of any profits or proceeds and any property the person has acquired or maintained in violation of those offenses; (2) any interest in, securities of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled, or conducted in violation of those offenses; and (3) any computer that contains an obscene depiction of a purported child. Amends the Bill of Rights for Children. Provides that under certain conditions, the parent or legal guardian of a child who is the victim of obscene depiction of a purported child may make a victim's impact statement on the impact which the defendant's criminal conduct or the juvenile's delinquent conduct has had upon the child. Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment, or conditional discharge shall not be imposed for specified violations of the offense of obscene depiction of a purported child. Provides for enhanced penalties for specified violations of obscene depiction of a purported child. Provides that the court shall impose a consecutive sentence when the defendant is convicted of specified violations of the offense of obscene depiction of a purported child. Amends the Sex Offender Registration Act to provide that a person convicted of obscene depiction of a purported child must register as a sex offender.

Spectrum: Strong Partisan Bill (Democrat 26-2)

Status: (Introduced) 2024-05-22 - Added as Co-Sponsor Sen. Omar Aquino [SB2940 Detail]

Download: Illinois-2023-SB2940-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2940 Introduced 1/31/2024, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
See Index
Amends the Illinois Vehicle Code. Provides that a person who is convicted of obscene depiction of a purported child is ineligible to receive a school bus driver permit. Amends the Criminal Code of 2012. Provides that "child pornography" includes the depiction of a part of an actual child under 18 who by manipulation, creation, or modification, appears to be engaged in sexual activity. Creates the offenses of obscene depiction of a purported child and non-consensual dissemination of sexually explicit digitized depictions. Defines offenses and provides criminal penalties for violations. Amends the Code of Criminal Procedure of 1963. Provides for the forfeiture to the State: (1) of any profits or proceeds and any property the person has acquired or maintained in violation of those offenses; (2) any interest in, securities of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled, or conducted in violation of those offenses; and (3) any computer that contains an obscene depiction of a purported child. Amends the Bill of Rights for Children. Provides that under certain conditions, the parent or legal guardian of a child who is the victim of obscene depiction of a purported child may make a victim's impact statement on the impact which the defendant's criminal conduct or the juvenile's delinquent conduct has had upon the child. Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment, or conditional discharge shall not be imposed for specified violations of the offense of obscene depiction of a purported child. Provides for enhanced penalties for specified violations of obscene depiction of a purported child. Provides that the court shall impose a consecutive sentence when the defendant is convicted of specified violations of the offense of obscene depiction of a purported child. Amends the Sex Offender Registration Act to provide that a person convicted of obscene depiction of a purported child must register as a sex offender.
LRB103 37446 RLC 67568 b
A BILL FOR
SB2940 LRB103 37446 RLC 67568 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Section 6-106.1 as follows:
(625 ILCS 5/6-106.1)
Sec. 6-106.1. School bus driver permit.
(a) The Secretary of State shall issue a school bus driver
permit for the operation of first or second division vehicles
being operated as school buses or a permit valid only for the
operation of first division vehicles being operated as school
buses to those applicants who have met all the requirements of
the application and screening process under this Section to
insure the welfare and safety of children who are transported
on school buses throughout the State of Illinois. Applicants
shall obtain the proper application required by the Secretary
of State from their prospective or current employer and submit
the completed application to the prospective or current
employer along with the necessary fingerprint submission as
required by the Illinois State Police to conduct
fingerprint-based fingerprint based criminal background checks
on current and future information available in the State state
system and current information available through the Federal

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Bureau of Investigation's system. Applicants who have
completed the fingerprinting requirements shall not be
subjected to the fingerprinting process when applying for
subsequent permits or submitting proof of successful
completion of the annual refresher course. Individuals who on
July 1, 1995 (the effective date of Public Act 88-612) possess
a valid school bus driver permit that has been previously
issued by the appropriate Regional School Superintendent are
not subject to the fingerprinting provisions of this Section
as long as the permit remains valid and does not lapse. The
applicant shall be required to pay all related application and
fingerprinting fees as established by rule, including, but not
limited to, the amounts established by the Illinois State
Police and the Federal Bureau of Investigation to process
fingerprint-based fingerprint based criminal background
investigations. All fees paid for fingerprint processing
services under this Section shall be deposited into the State
Police Services Fund for the cost incurred in processing the
fingerprint-based fingerprint based criminal background
investigations. All other fees paid under this Section shall
be deposited into the Road Fund for the purpose of defraying
the costs of the Secretary of State in administering this
Section. All applicants must:
1. be 21 years of age or older;
2. possess a valid and properly classified driver's
license issued by the Secretary of State;

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3. possess a valid driver's license, which has not
been revoked, suspended, or canceled for 3 years
immediately prior to the date of application, or have not
had his or her commercial motor vehicle driving privileges
disqualified within the 3 years immediately prior to the
date of application;
4. successfully pass a first division or second
division written test, administered by the Secretary of
State, on school bus operation, school bus safety, and
special traffic laws relating to school buses and submit
to a review of the applicant's driving habits by the
Secretary of State at the time the written test is given;
5. demonstrate ability to exercise reasonable care in
the operation of school buses in accordance with rules
promulgated by the Secretary of State;
6. demonstrate physical fitness to operate school
buses by submitting the results of a medical examination,
including tests for drug use for each applicant not
subject to such testing pursuant to federal law, conducted
by a licensed physician, a licensed advanced practice
registered nurse, or a licensed physician assistant within
90 days of the date of application according to standards
promulgated by the Secretary of State;
7. affirm under penalties of perjury that he or she
has not made a false statement or knowingly concealed a
material fact in any application for permit;

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8. have completed an initial classroom course,
including first aid procedures, in school bus driver
safety as promulgated by the Secretary of State; and,
after satisfactory completion of said initial course, an
annual refresher course; such courses and the agency or
organization conducting such courses shall be approved by
the Secretary of State; failure to complete the annual
refresher course, shall result in cancellation of the
permit until such course is completed;
9. not have been under an order of court supervision
for or convicted of 2 or more serious traffic offenses, as
defined by rule, within one year prior to the date of
application that may endanger the life or safety of any of
the driver's passengers within the duration of the permit
period;
10. not have been under an order of court supervision
for or convicted of reckless driving, aggravated reckless
driving, driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or
any combination thereof, or reckless homicide resulting
from the operation of a motor vehicle within 3 years of the
date of application;
11. not have been convicted of committing or
attempting to commit any one or more of the following
offenses: (i) those offenses defined in Sections 8-1,
8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,

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10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, 11-20.1B, 11-20.3, 11-20.4, 11-21, 11-22,
11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05,
12-3.1, 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3,
12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6,
12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13,
12-14, 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33,
12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1,
18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
of Section 24-3, and those offenses contained in Article
29D of the Criminal Code of 1961 or the Criminal Code of
2012; (ii) those offenses defined in the Cannabis Control
Act except those offenses defined in subsections (a) and
(b) of Section 4, and subsection (a) of Section 5 of the
Cannabis Control Act; (iii) those offenses defined in the
Illinois Controlled Substances Act; (iv) those offenses
defined in the Methamphetamine Control and Community
Protection Act; (v) any offense committed or attempted in
any other state or against the laws of the United States,

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which if committed or attempted in this State would be
punishable as one or more of the foregoing offenses; (vi)
the offenses defined in Section 4.1 and 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; (vii) those offenses
defined in Section 6-16 of the Liquor Control Act of 1934;
and (viii) those offenses defined in the Methamphetamine
Precursor Control Act;
12. not have been repeatedly involved as a driver in
motor vehicle collisions or been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree which indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
13. not have, through the unlawful operation of a
motor vehicle, caused a crash resulting in the death of
any person;
14. not have, within the last 5 years, been adjudged
to be afflicted with or suffering from any mental
disability or disease;
15. consent, in writing, to the release of results of
reasonable suspicion drug and alcohol testing under
Section 6-106.1c of this Code by the employer of the
applicant to the Secretary of State; and

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16. not have been convicted of committing or
attempting to commit within the last 20 years: (i) an
offense defined in subsection (c) of Section 4, subsection
(b) of Section 5, and subsection (a) of Section 8 of the
Cannabis Control Act; or (ii) any offenses in any other
state or against the laws of the United States that, if
committed or attempted in this State, would be punishable
as one or more of the foregoing offenses.
(a-5) If an applicant's driver's license has been
suspended within the 3 years immediately prior to the date of
application for the sole reason of failure to pay child
support, that suspension shall not bar the applicant from
receiving a school bus driver permit.
(a-10) (a-5) By January 1, 2024, the Secretary of State,
in conjunction with the Illinois State Board of Education,
shall develop a separate classroom course and refresher course
for operation of vehicles of the first division being operated
as school buses. Regional superintendents of schools, working
with the Illinois State Board of Education, shall offer the
course.
(b) A school bus driver permit shall be valid for a period
specified by the Secretary of State as set forth by rule. It
shall be renewable upon compliance with subsection (a) of this
Section.
(c) A school bus driver permit shall contain the holder's
driver's license number, legal name, residence address, zip

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code, and date of birth, a brief description of the holder, and
a space for signature. The Secretary of State may require a
suitable photograph of the holder.
(d) The employer shall be responsible for conducting a
pre-employment interview with prospective school bus driver
candidates, distributing school bus driver applications and
medical forms to be completed by the applicant, and submitting
the applicant's fingerprint cards to the Illinois State Police
that are required for the criminal background investigations.
The employer shall certify in writing to the Secretary of
State that all pre-employment conditions have been
successfully completed including the successful completion of
an Illinois specific criminal background investigation through
the Illinois State Police and the submission of necessary
fingerprints to the Federal Bureau of Investigation for
criminal history information available through the Federal
Bureau of Investigation system. The applicant shall present
the certification to the Secretary of State at the time of
submitting the school bus driver permit application.
(e) Permits shall initially be provisional upon receiving
certification from the employer that all pre-employment
conditions have been successfully completed, and upon
successful completion of all training and examination
requirements for the classification of the vehicle to be
operated, the Secretary of State shall provisionally issue a
School Bus Driver Permit. The permit shall remain in a

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provisional status pending the completion of the Federal
Bureau of Investigation's criminal background investigation
based upon fingerprinting specimens submitted to the Federal
Bureau of Investigation by the Illinois State Police. The
Federal Bureau of Investigation shall report the findings
directly to the Secretary of State. The Secretary of State
shall remove the bus driver permit from provisional status
upon the applicant's successful completion of the Federal
Bureau of Investigation's criminal background investigation.
(f) A school bus driver permit holder shall notify the
employer and the Secretary of State if he or she is issued an
order of court supervision for or convicted in another state
of an offense that would make him or her ineligible for a
permit under subsection (a) of this Section. The written
notification shall be made within 5 days of the entry of the
order of court supervision or conviction. Failure of the
permit holder to provide the notification is punishable as a
petty offense for a first violation and a Class B misdemeanor
for a second or subsequent violation.
(g) Cancellation; suspension; notice and procedure.
(1) The Secretary of State shall cancel a school bus
driver permit of an applicant whose criminal background
investigation discloses that he or she is not in
compliance with the provisions of subsection (a) of this
Section.
(2) The Secretary of State shall cancel a school bus

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driver permit when he or she receives notice that the
permit holder fails to comply with any provision of this
Section or any rule promulgated for the administration of
this Section.
(3) The Secretary of State shall cancel a school bus
driver permit if the permit holder's restricted commercial
or commercial driving privileges are withdrawn or
otherwise invalidated.
(4) The Secretary of State may not issue a school bus
driver permit for a period of 3 years to an applicant who
fails to obtain a negative result on a drug test as
required in item 6 of subsection (a) of this Section or
under federal law.
(5) The Secretary of State shall forthwith suspend a
school bus driver permit for a period of 3 years upon
receiving notice that the holder has failed to obtain a
negative result on a drug test as required in item 6 of
subsection (a) of this Section or under federal law.
(6) The Secretary of State shall suspend a school bus
driver permit for a period of 3 years upon receiving
notice from the employer that the holder failed to perform
the inspection procedure set forth in subsection (a) or
(b) of Section 12-816 of this Code.
(7) The Secretary of State shall suspend a school bus
driver permit for a period of 3 years upon receiving
notice from the employer that the holder refused to submit

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to an alcohol or drug test as required by Section 6-106.1c
or has submitted to a test required by that Section which
disclosed an alcohol concentration of more than 0.00 or
disclosed a positive result on a National Institute on
Drug Abuse five-drug panel, utilizing federal standards
set forth in 49 CFR 40.87.
The Secretary of State shall notify the State
Superintendent of Education and the permit holder's
prospective or current employer that the applicant has (1) has
failed a criminal background investigation or (2) is no longer
eligible for a school bus driver permit; and of the related
cancellation of the applicant's provisional school bus driver
permit. The cancellation shall remain in effect pending the
outcome of a hearing pursuant to Section 2-118 of this Code.
The scope of the hearing shall be limited to the issuance
criteria contained in subsection (a) of this Section. A
petition requesting a hearing shall be submitted to the
Secretary of State and shall contain the reason the individual
feels he or she is entitled to a school bus driver permit. The
permit holder's employer shall notify in writing to the
Secretary of State that the employer has certified the removal
of the offending school bus driver from service prior to the
start of that school bus driver's next work shift workshift.
An employing school board that fails to remove the offending
school bus driver from service is subject to the penalties
defined in Section 3-14.23 of the School Code. A school bus

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contractor who violates a provision of this Section is subject
to the penalties defined in Section 6-106.11.
All valid school bus driver permits issued under this
Section prior to January 1, 1995, shall remain effective until
their expiration date unless otherwise invalidated.
(h) When a school bus driver permit holder who is a service
member is called to active duty, the employer of the permit
holder shall notify the Secretary of State, within 30 days of
notification from the permit holder, that the permit holder
has been called to active duty. Upon notification pursuant to
this subsection, (i) the Secretary of State shall characterize
the permit as inactive until a permit holder renews the permit
as provided in subsection (i) of this Section, and (ii) if a
permit holder fails to comply with the requirements of this
Section while called to active duty, the Secretary of State
shall not characterize the permit as invalid.
(i) A school bus driver permit holder who is a service
member returning from active duty must, within 90 days, renew
a permit characterized as inactive pursuant to subsection (h)
of this Section by complying with the renewal requirements of
subsection (b) of this Section.
(j) For purposes of subsections (h) and (i) of this
Section:
"Active duty" means active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor.

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"Service member" means a member of the Armed Services or
reserve forces of the United States or a member of the Illinois
National Guard.
(k) A private carrier employer of a school bus driver
permit holder, having satisfied the employer requirements of
this Section, shall be held to a standard of ordinary care for
intentional acts committed in the course of employment by the
bus driver permit holder. This subsection (k) shall in no way
limit the liability of the private carrier employer for
violation of any provision of this Section or for the
negligent hiring or retention of a school bus driver permit
holder.
(Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21;
102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-726, eff.
1-1-23; 102-813, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1130,
eff. 7-1-23; revised 9-19-23.)
Section 10. The Criminal Code of 2012 is amended by
changing Sections 11-20.1 and 11-23.5 and by adding Sections
11-20.4 and 11-23.7 as follows:
(720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
Sec. 11-20.1. Child pornography.
(a) A person commits child pornography who:
(1) films, videotapes, photographs, or otherwise
depicts or portrays by means of any similar visual medium

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or reproduction or depicts by computer any child whom he
or she knows or reasonably should know to be under the age
of 18 or any person with a severe or profound intellectual
disability where such child or person with a severe or
profound intellectual disability is:
(i) actually or by simulation engaged in any act
of sexual penetration or sexual conduct with any
person or animal; or
(ii) actually or by simulation engaged in any act
of sexual penetration or sexual conduct involving the
sex organs of the child or person with a severe or
profound intellectual disability and the mouth, anus,
or sex organs of another person or animal; or which
involves the mouth, anus or sex organs of the child or
person with a severe or profound intellectual
disability and the sex organs of another person or
animal; or
(iii) actually or by simulation engaged in any act
of masturbation; or
(iv) actually or by simulation portrayed as being
the object of, or otherwise engaged in, any act of lewd
fondling, touching, or caressing involving another
person or animal; or
(v) actually or by simulation engaged in any act
of excretion or urination within a sexual context; or
(vi) actually or by simulation portrayed or

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depicted as bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in any sexual
context; or
(vii) depicted or portrayed in any pose, posture
or setting involving a lewd exhibition of the
unclothed or transparently clothed genitals, pubic
area, buttocks, or, if such person is female, a fully
or partially developed breast of the child or other
person; or
(2) with the knowledge of the nature or content
thereof, reproduces, disseminates, offers to disseminate,
exhibits or possesses with intent to disseminate any film,
videotape, photograph or other similar visual reproduction
or depiction by computer of any child or person with a
severe or profound intellectual disability whom the person
knows or reasonably should know to be under the age of 18
or to be a person with a severe or profound intellectual
disability, engaged in any activity described in
subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or
(3) with knowledge of the subject matter or theme
thereof, produces any stage play, live performance, film,
videotape or other similar visual portrayal or depiction
by computer which includes a child whom the person knows
or reasonably should know to be under the age of 18 or a
person with a severe or profound intellectual disability

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engaged in any activity described in subparagraphs (i)
through (vii) of paragraph (1) of this subsection; or
(4) solicits, uses, persuades, induces, entices, or
coerces any child whom he or she knows or reasonably
should know to be under the age of 18 or a person with a
severe or profound intellectual disability to appear in
any stage play, live presentation, film, videotape,
photograph or other similar visual reproduction or
depiction by computer in which the child or person with a
severe or profound intellectual disability is or will be
depicted, actually or by simulation, in any act, pose or
setting described in subparagraphs (i) through (vii) of
paragraph (1) of this subsection; or
(5) is a parent, step-parent, legal guardian or other
person having care or custody of a child whom the person
knows or reasonably should know to be under the age of 18
or a person with a severe or profound intellectual
disability and who knowingly permits, induces, promotes,
or arranges for such child or person with a severe or
profound intellectual disability to appear in any stage
play, live performance, film, videotape, photograph or
other similar visual presentation, portrayal or simulation
or depiction by computer of any act or activity described
in subparagraphs (i) through (vii) of paragraph (1) of
this subsection; or
(6) with knowledge of the nature or content thereof,

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possesses any film, videotape, photograph or other similar
visual reproduction or depiction by computer of any child
or person with a severe or profound intellectual
disability whom the person knows or reasonably should know
to be under the age of 18 or to be a person with a severe
or profound intellectual disability, engaged in any
activity described in subparagraphs (i) through (vii) of
paragraph (1) of this subsection; or
(7) solicits, or knowingly uses, persuades, induces,
entices, or coerces, a person to provide a child under the
age of 18 or a person with a severe or profound
intellectual disability to appear in any videotape,
photograph, film, stage play, live presentation, or other
similar visual reproduction or depiction by computer in
which the child or person with a severe or profound
intellectual disability will be depicted, actually or by
simulation, in any act, pose, or setting described in
subparagraphs (i) through (vii) of paragraph (1) of this
subsection.
(a-5) The possession of each individual film, videotape,
photograph, or other similar visual reproduction or depiction
by computer in violation of this Section constitutes a single
and separate violation. This subsection (a-5) does not apply
to multiple copies of the same film, videotape, photograph, or
other similar visual reproduction or depiction by computer
that are identical to each other.

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(b)(1) It shall be an affirmative defense to a charge of
child pornography that the defendant reasonably believed,
under all of the circumstances, that the child was 18 years of
age or older or that the person was not a person with a severe
or profound intellectual disability but only where, prior to
the act or acts giving rise to a prosecution under this
Section, he or she took some affirmative action or made a
bonafide inquiry designed to ascertain whether the child was
18 years of age or older or that the person was not a person
with a severe or profound intellectual disability and his or
her reliance upon the information so obtained was clearly
reasonable.
(1.5) Telecommunications carriers, commercial mobile
service providers, and providers of information services,
including, but not limited to, Internet service providers and
hosting service providers, are not liable under this Section
by virtue of the transmission, storage, or caching of
electronic communications or messages of others or by virtue
of the provision of other related telecommunications,
commercial mobile services, or information services used by
others in violation of this Section.
(2) (Blank).
(3) The charge of child pornography shall not apply to the
performance of official duties by law enforcement or
prosecuting officers or persons employed by law enforcement or
prosecuting agencies, court personnel or attorneys, nor to

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bonafide treatment or professional education programs
conducted by licensed physicians, psychologists or social
workers. In any criminal proceeding, any property or material
that constitutes child pornography shall remain in the care,
custody, and control of either the State or the court. A motion
to view the evidence shall comply with subsection (e-5) of
this Section.
(4) If the defendant possessed more than one of the same
film, videotape or visual reproduction or depiction by
computer in which child pornography is depicted, then the
trier of fact may infer that the defendant possessed such
materials with the intent to disseminate them.
(5) The charge of child pornography does not apply to a
person who does not voluntarily possess a film, videotape, or
visual reproduction or depiction by computer in which child
pornography is depicted. Possession is voluntary if the
defendant knowingly procures or receives a film, videotape, or
visual reproduction or depiction for a sufficient time to be
able to terminate his or her possession.
(6) Any violation of paragraph (1), (2), (3), (4), (5), or
(7) of subsection (a) that includes a child engaged in,
solicited for, depicted in, or posed in any act of sexual
penetration or bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in a sexual context
shall be deemed a crime of violence.
(c) If the violation does not involve a film, videotape,

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or other moving depiction, a violation of paragraph (1), (4),
(5), or (7) of subsection (a) is a Class 1 felony with a
mandatory minimum fine of $2,000 and a maximum fine of
$100,000. If the violation involves a film, videotape, or
other moving depiction, a violation of paragraph (1), (4),
(5), or (7) of subsection (a) is a Class X felony with a
mandatory minimum fine of $2,000 and a maximum fine of
$100,000. If the violation does not involve a film, videotape,
or other moving depiction, a violation of paragraph (3) of
subsection (a) is a Class 1 felony with a mandatory minimum
fine of $1500 and a maximum fine of $100,000. If the violation
involves a film, videotape, or other moving depiction, a
violation of paragraph (3) of subsection (a) is a Class X
felony with a mandatory minimum fine of $1500 and a maximum
fine of $100,000. If the violation does not involve a film,
videotape, or other moving depiction, a violation of paragraph
(2) of subsection (a) is a Class 1 felony with a mandatory
minimum fine of $1000 and a maximum fine of $100,000. If the
violation involves a film, videotape, or other moving
depiction, a violation of paragraph (2) of subsection (a) is a
Class X felony with a mandatory minimum fine of $1000 and a
maximum fine of $100,000. If the violation does not involve a
film, videotape, or other moving depiction, a violation of
paragraph (6) of subsection (a) is a Class 3 felony with a
mandatory minimum fine of $1000 and a maximum fine of
$100,000. If the violation involves a film, videotape, or

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other moving depiction, a violation of paragraph (6) of
subsection (a) is a Class 2 felony with a mandatory minimum
fine of $1000 and a maximum fine of $100,000.
(c-5) Where the child depicted is under the age of 13, a
violation of paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) is a Class X felony with a mandatory minimum
fine of $2,000 and a maximum fine of $100,000. Where the child
depicted is under the age of 13, a violation of paragraph (6)
of subsection (a) is a Class 2 felony with a mandatory minimum
fine of $1,000 and a maximum fine of $100,000. Where the child
depicted is under the age of 13, a person who commits a
violation of paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) where the defendant has previously been
convicted under the laws of this State or any other state of
the offense of child pornography, aggravated child
pornography, aggravated criminal sexual abuse, aggravated
criminal sexual assault, predatory criminal sexual assault of
a child, or any of the offenses formerly known as rape, deviate
sexual assault, indecent liberties with a child, or aggravated
indecent liberties with a child where the victim was under the
age of 18 years or an offense that is substantially equivalent
to those offenses, is guilty of a Class X felony for which the
person shall be sentenced to a term of imprisonment of not less
than 9 years with a mandatory minimum fine of $2,000 and a
maximum fine of $100,000. Where the child depicted is under
the age of 13, a person who commits a violation of paragraph

SB2940 - 22 - LRB103 37446 RLC 67568 b
(6) of subsection (a) where the defendant has previously been
convicted under the laws of this State or any other state of
the offense of child pornography, aggravated child
pornography, aggravated criminal sexual abuse, aggravated
criminal sexual assault, predatory criminal sexual assault of
a child, or any of the offenses formerly known as rape, deviate
sexual assault, indecent liberties with a child, or aggravated
indecent liberties with a child where the victim was under the
age of 18 years or an offense that is substantially equivalent
to those offenses, is guilty of a Class 1 felony with a
mandatory minimum fine of $1,000 and a maximum fine of
$100,000. The issue of whether the child depicted is under the
age of 13 is an element of the offense to be resolved by the
trier of fact.
(d) If a person is convicted of a second or subsequent
violation of this Section within 10 years of a prior
conviction, the court shall order a presentence psychiatric
examination of the person. The examiner shall report to the
court whether treatment of the person is necessary.
(e) Any film, videotape, photograph or other similar
visual reproduction or depiction by computer which includes a
child under the age of 18 or a person with a severe or profound
intellectual disability engaged in any activity described in
subparagraphs (i) through (vii) or paragraph 1 of subsection
(a), and any material or equipment used or intended for use in
photographing, filming, printing, producing, reproducing,

SB2940 - 23 - LRB103 37446 RLC 67568 b
manufacturing, projecting, exhibiting, depiction by computer,
or disseminating such material shall be seized and forfeited
in the manner, method and procedure provided by Section 36-1
of this Code for the seizure and forfeiture of vessels,
vehicles and aircraft.
In addition, any person convicted under this Section is
subject to the property forfeiture provisions set forth in
Article 124B of the Code of Criminal Procedure of 1963.
(e-5) Upon the conclusion of a case brought under this
Section, the court shall seal all evidence depicting a victim
or witness that is sexually explicit. The evidence may be
unsealed and viewed, on a motion of the party seeking to unseal
and view the evidence, only for good cause shown and in the
discretion of the court. The motion must expressly set forth
the purpose for viewing the material. The State's attorney and
the victim, if possible, shall be provided reasonable notice
of the hearing on the motion to unseal the evidence. Any person
entitled to notice of a hearing under this subsection (e-5)
may object to the motion.
(f) Definitions. For the purposes of this Section:
(1) "Disseminate" means (i) to sell, distribute,
exchange or transfer possession, whether with or without
consideration or (ii) to make a depiction by computer
available for distribution or downloading through the
facilities of any telecommunications network or through
any other means of transferring computer programs or data

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to a computer.
(2) "Produce" means to direct, promote, advertise,
publish, manufacture, issue, present or show.
(3) "Reproduce" means to make a duplication or copy.
(4) "Depict by computer" means to generate or create,
or cause to be created or generated, a computer program or
data that, after being processed by a computer either
alone or in conjunction with one or more computer
programs, results in a visual depiction on a computer
monitor, screen, or display.
(5) "Depiction by computer" means a computer program
or data that, after being processed by a computer either
alone or in conjunction with one or more computer
programs, results in a visual depiction on a computer
monitor, screen, or display.
(6) "Computer", "computer program", and "data" have
the meanings ascribed to them in Section 17.05 of this
Code.
(7) For the purposes of this Section, "child
pornography" includes a film, videotape, photograph, or
other similar visual medium or reproduction or depiction
by computer that is, or appears to be, that of a person,
either in part, or in total, under the age of 18 or a
person with a severe or profound intellectual disability,
regardless of the method by which the film, videotape,
photograph, or other similar visual medium or reproduction

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or depiction by computer is created, adopted, or modified
to appear as such. "Child pornography" also includes a
film, videotape, photograph, or other similar visual
medium or reproduction or depiction by computer that is
advertised, promoted, presented, described, or distributed
in such a manner that conveys the impression that the
film, videotape, photograph, or other similar visual
medium or reproduction or depiction by computer is of a
person under the age of 18 or a person with a severe or
profound intellectual disability. "Child pornography"
includes the depiction of a part of an actual child under
the age of 18 who, by manipulation, creation, or
modification, appears to be engaged in any activity
described in subparagraphs (i) through (vii) of paragraph
(1) of subsection (a).
(g) Re-enactment; findings; purposes.
(1) The General Assembly finds and declares that:
(i) Section 50-5 of Public Act 88-680, effective
January 1, 1995, contained provisions amending the
child pornography statute, Section 11-20.1 of the
Criminal Code of 1961. Section 50-5 also contained
other provisions.
(ii) In addition, Public Act 88-680 was entitled
"AN ACT to create a Safe Neighborhoods Law". (A)
Article 5 was entitled JUVENILE JUSTICE and amended
the Juvenile Court Act of 1987. (B) Article 15 was

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entitled GANGS and amended various provisions of the
Criminal Code of 1961 and the Unified Code of
Corrections. (C) Article 20 was entitled ALCOHOL ABUSE
and amended various provisions of the Illinois Vehicle
Code. (D) Article 25 was entitled DRUG ABUSE and
amended the Cannabis Control Act and the Illinois
Controlled Substances Act. (E) Article 30 was entitled
FIREARMS and amended the Criminal Code of 1961 and the
Code of Criminal Procedure of 1963. (F) Article 35
amended the Criminal Code of 1961, the Rights of Crime
Victims and Witnesses Act, and the Unified Code of
Corrections. (G) Article 40 amended the Criminal Code
of 1961 to increase the penalty for compelling
organization membership of persons. (H) Article 45
created the Secure Residential Youth Care Facility
Licensing Act and amended the State Finance Act, the
Juvenile Court Act of 1987, the Unified Code of
Corrections, and the Private Correctional Facility
Moratorium Act. (I) Article 50 amended the WIC Vendor
Management Act, the Firearm Owners Identification Card
Act, the Juvenile Court Act of 1987, the Criminal Code
of 1961, the Wrongs to Children Act, and the Unified
Code of Corrections.
(iii) On September 22, 1998, the Third District
Appellate Court in People v. Dainty, 701 N.E. 2d 118,
ruled that Public Act 88-680 violates the single

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subject clause of the Illinois Constitution (Article
IV, Section 8 (d)) and was unconstitutional in its
entirety. As of the time this amendatory Act of 1999
was prepared, People v. Dainty was still subject to
appeal.
(iv) Child pornography is a vital concern to the
people of this State and the validity of future
prosecutions under the child pornography statute of
the Criminal Code of 1961 is in grave doubt.
(2) It is the purpose of this amendatory Act of 1999 to
prevent or minimize any problems relating to prosecutions
for child pornography that may result from challenges to
the constitutional validity of Public Act 88-680 by
re-enacting the Section relating to child pornography that
was included in Public Act 88-680.
(3) This amendatory Act of 1999 re-enacts Section
11-20.1 of the Criminal Code of 1961, as it has been
amended. This re-enactment is intended to remove any
question as to the validity or content of that Section; it
is not intended to supersede any other Public Act that
amends the text of the Section as set forth in this
amendatory Act of 1999. The material is shown as existing
text (i.e., without underscoring) because, as of the time
this amendatory Act of 1999 was prepared, People v. Dainty
was subject to appeal to the Illinois Supreme Court.
(4) The re-enactment by this amendatory Act of 1999 of

SB2940 - 28 - LRB103 37446 RLC 67568 b
Section 11-20.1 of the Criminal Code of 1961 relating to
child pornography that was amended by Public Act 88-680 is
not intended, and shall not be construed, to imply that
Public Act 88-680 is invalid or to limit or impair any
legal argument concerning whether those provisions were
substantially re-enacted by other Public Acts.
(Source: P.A. 101-87, eff. 1-1-20; 102-567, eff. 1-1-22.)
(720 ILCS 5/11-20.4 new)
Sec. 11-20.4. Obscene depiction of a purported child.
(a) In this Section:
"Obscene depiction" means a visual representation of
any kind, including an image, video, cartoon, animation,
or computer-generated image or video, whether made,
produced, or altered by electronic, mechanical, or other
means, that:
(i) the average person, applying contemporary
adult community standards, would find that, taken as a
whole, it appeals to the prurient interest;
(ii) the average person, applying contemporary
adult community standards, would find that it depicts
or describes, in a patently offensive way, sexual acts
or sadomasochistic sexual acts, whether normal or
perverted, actual or simulated, or masturbation,
excretory functions, or lewd exhibition of the
unclothed or transparently clothed genitals, pubic

SB2940 - 29 - LRB103 37446 RLC 67568 b
area, buttocks or, if such person is a female, the
fully or partially developed breast of the child or
other person; and
(iii) taken as a whole, it lacks serious literary,
artistic, political, or scientific value.
"Purported child" means a visual representation that
appears to depict a child under the age of 18 but may or
may not depict an actual child under the age of 18.
(b) A person commits obscene depiction of a purported
child when, with knowledge of the nature or content thereof,
the person:
(1) receives, possesses, or accesses in any way with
the intent to view, any obscene depiction of a purported
child;
(2) reproduces, disseminates, offers to disseminate,
exhibits, or possesses with intent to disseminate, any
obscene depiction of a purported child; or
(3) produces, generates, or creates, by electronic,
mechanical, or other means, any obscene depiction of a
purported child.
(c) A violation of paragraph (1) of subsection (b) is a
Class 3 felony, and a second or subsequent offense is a Class 2
felony. A violation of paragraph (2) or (3) of subsection (b)
is a Class 1 felony, and a second or subsequent offense is a
Class X felony.
(d) If the age of the purported child depicted is under the

SB2940 - 30 - LRB103 37446 RLC 67568 b
age of 13, a violation of paragraph (1) of subsection (b) is a
Class 2 felony, and a second or subsequent offense is a Class 1
felony. If the age of the purported child depicted is under the
age of 13, a violation of paragraph (2) or (3) of subsection
(b) is a Class X felony, and a second or subsequent offense is
a Class X felony for which the person shall be sentenced to a
term of imprisonment of not less than 9 years.
(e) Nothing in this Section shall be construed to impose
liability upon the following entities solely as a result of
content or information provided by another person:
(1) an interactive computer service, as defined in 47
U.S.C. 230(f)(2);
(2) a provider of public mobile services or private
radio services, as defined in Section 13-214 of the Public
Utilities Act; or
(3) a telecommunications network or broadband
provider.
(f) A person convicted under this Section is subject to
the forfeiture provisions in Article 124B of the Code of
Criminal Procedure of 1963.
(720 ILCS 5/11-23.5)
Sec. 11-23.5. Non-consensual dissemination of private
sexual images.
(a) Definitions. For the purposes of this Section:
"Computer", "computer program", and "data" have the

SB2940 - 31 - LRB103 37446 RLC 67568 b
meanings ascribed to them in Section 17-0.5 of this Code.
"Image" includes a photograph, film, videotape,
digital recording, or other depiction or portrayal of an
object, including a human body.
"Intimate parts" means the fully unclothed, partially
unclothed or transparently clothed genitals, pubic area,
anus, or if the person is female, a partially or fully
exposed nipple, including exposure through transparent
clothing.
"Personal identifying information" has the meaning
ascribed to the term in Section 16-0.1.
"Sexual act" means sexual penetration, masturbation,
or sexual activity.
"Sexual activity" means any:
(1) knowing touching or fondling by the victim or
another person or animal, either directly or through
clothing, of the sex organs, anus, or breast of the
victim or another person or animal for the purpose of
sexual gratification or arousal; or
(2) any transfer or transmission of semen upon any
part of the clothed or unclothed body of the victim,
for the purpose of sexual gratification or arousal of
the victim or another; or
(3) an act of urination within a sexual context;
or
(4) any bondage, fetter, or sadism masochism; or

SB2940 - 32 - LRB103 37446 RLC 67568 b
(5) sadomasochism abuse in any sexual context.
(b) A person commits non-consensual dissemination of
private sexual images when he or she:
(1) intentionally disseminates an image of another
person:
(A) (blank); and who is at least 18 years of age;
and
(B) who is identifiable from the image itself, or
whose personal identifying information is or
information displayed or disseminated in connection
with the image, or whose identity is known to the
person who disseminated the image; and
(C) who is engaged in a sexual act or whose
intimate parts are exposed, in whole or in part; and
(2) obtains the image under circumstances in which a
reasonable person would know or understand that the image
was to remain private; and
(3) knows or should have known that the person in the
image has not consented to the dissemination.
(c) The following activities are exempt from the
provisions of this Section:
(1) The intentional dissemination of an image of
another identifiable person who is engaged in a sexual act
or whose intimate parts are exposed when the dissemination
is made for the purpose of a criminal investigation that
is otherwise lawful.

SB2940 - 33 - LRB103 37446 RLC 67568 b
(2) The intentional dissemination of an image of
another identifiable person who is engaged in a sexual act
or whose intimate parts are exposed when the dissemination
is for the purpose of, or in connection with, the
reporting of unlawful conduct.
(3) The intentional dissemination of an image of
another identifiable person who is engaged in a sexual act
or whose intimate parts are exposed when the images
involve voluntary exposure in public or commercial
settings.
(4) The intentional dissemination of an image of
another identifiable person who is engaged in a sexual act
or whose intimate parts are exposed when the dissemination
serves a lawful public purpose.
(d) Nothing in this Section shall be construed to impose
liability upon the following entities solely as a result of
content or information provided by another person:
(1) an interactive computer service, as defined in 47
U.S.C. 230(f)(2);
(2) a provider of public mobile services or private
radio services, as defined in Section 13-214 of the Public
Utilities Act; or
(3) a telecommunications network or broadband
provider.
(e) A person convicted under this Section is subject to
the forfeiture provisions in Article 124B of the Code of

SB2940 - 34 - LRB103 37446 RLC 67568 b
Criminal Procedure of 1963.
(f) Sentence. Non-consensual dissemination of private
sexual images is a Class 4 felony.
(Source: P.A. 98-1138, eff. 6-1-15.)
(720 ILCS 5/11-23.7 new)
Sec. 11-23.7. Non-consensual dissemination of sexually
explicit digitized depictions.
(a) Definitions. For the purposes of this Section:
"Intimate parts" means the fully unclothed, partially
unclothed or transparently clothed genitals, pubic area, anus,
or if the person is female, a partially or fully exposed
nipple, including exposure through transparent clothing.
"Personal identifying information" has the meaning
ascribed to it in Section 16-0.1.
"Sexual activity" means:
(1) any knowing touching or fondling by the victim or
another person or animal, either directly or through
clothing, of the sex organs, anus, or breast of the victim
or another person or animal for the purpose of sexual
gratification or arousal;
(2) any transfer or transmission of semen upon any
part of the clothed or unclothed body of the victim, for
the purpose of sexual gratification or arousal of the
victim or another;
(3) an act of urination within a sexual context;

SB2940 - 35 - LRB103 37446 RLC 67568 b
(4) any bondage, fetter, or sadism masochism; or
(5) sadomasochism abuse in any sexual context.
"Sexually explicit digitized depiction" means any image,
photograph, film, video, digital recording, or other depiction
or portrayal that has been created, altered, or otherwise
modified to realistically depict either:
(1) the intimate parts of another human being as the
intimate parts of the depicted individual or
computer-generated intimate parts as the intimate parts of
the depicted individual; or
(2) the depicted individual engaging in sexual
activity in which the depicted individual did not engage.
(b) A person commits non-consensual dissemination of
sexually explicit digitized depictions when the person:
(1) intentionally disseminates a sexually explicit
digitized depiction of another person who is identifiable
from the image itself, or whose personal identifying
information is displayed or disseminated in connection
with the image, or whose identify is known to the person
who disseminates the image; and
(2) knows or should have known that the person in the
image has not consented to the dissemination.
(c) The following activities are exempt from the
provisions of this Section:
(1) The intentional dissemination of an image of
another identifiable person who is engaged in a sexual act

SB2940 - 36 - LRB103 37446 RLC 67568 b
or whose intimate parts are exposed when the dissemination
is made for the purpose of a criminal investigation that
is otherwise lawful.
(2) The intentional dissemination of an image of
another identifiable person who is engaged in a sexual act
or whose intimate parts are exposed when the dissemination
is for the purpose of, or in connection with, the
reporting of unlawful conduct.
(3) The intentional dissemination of an image of
another identifiable person who is engaged in a sexual act
or whose intimate parts are exposed when the images
involve voluntary exposure in public or commercial
settings.
(4) The intentional dissemination of an image of
another identifiable person who is engaged in a sexual act
or whose intimate parts are exposed when the dissemination
serves a lawful public purpose.
(d) Nothing in this Section shall be construed to impose
liability upon the following entities solely as a result of
content or information provided by another person:
(4) an interactive computer service, as defined in 47
U.S.C. 230(f)(2);
(5) a provider of public mobile services or private
radio services, as defined in Section 13-214 of the Public
Utilities Act; or
(6) a telecommunications network or broadband

SB2940 - 37 - LRB103 37446 RLC 67568 b
provider.
(e) A person convicted under this Section is subject to
the forfeiture provisions in Article 124B of the Code of
Criminal Procedure of 1963.
(f) Sentence. Non-consensual dissemination of sexually
explicit digitized depictions is a Class 4 felony.
Section 15. The Code of Criminal Procedure of 1963 is
amended by changing Section 124B-500 as follows:
(725 ILCS 5/124B-500)
Sec. 124B-500. Persons and property subject to forfeiture.
A person who commits child pornography, aggravated child
pornography, obscene depiction of a purported child, or
non-consensual dissemination of private sexual images, or
non-consensual dissemination of sexually explicit digitized
depictions under Section 11-20.1, 11-20.1B, 11-20.3, 11-20.4,
or 11-23.5, or 11-23.7 of the Criminal Code of 1961 or the
Criminal Code of 2012 shall forfeit the following property to
the State of Illinois:
(1) Any profits or proceeds and any property the
person has acquired or maintained in violation of Section
11-20.1, 11-20.1B, 11-20.3, 11-20.4, or 11-23.5, or
11-23.7 of the Criminal Code of 1961 or the Criminal Code
of 2012 that the sentencing court determines, after a
forfeiture hearing under this Article, to have been

SB2940 - 38 - LRB103 37446 RLC 67568 b
acquired or maintained as a result of child pornography,
aggravated child pornography, obscene depiction of a
purported child, or non-consensual dissemination of
private sexual images, or non-consensual dissemination of
sexually explicit digitized depictions.
(2) Any interest in, securities of, claim against, or
property or contractual right of any kind affording a
source of influence over any enterprise that the person
has established, operated, controlled, or conducted in
violation of Section 11-20.1, 11-20.1B, 11-20.3, 11-20.4,
or 11-23.5, or 11-23.7 of the Criminal Code of 1961 or the
Criminal Code of 2012 that the sentencing court
determines, after a forfeiture hearing under this Article,
to have been acquired or maintained as a result of child
pornography, aggravated child pornography, obscene
depiction of a purported child, or non-consensual
dissemination of private sexual images, or non-consensual
dissemination of sexually explicit digitized depictions.
(3) Any computer that contains a depiction of child
pornography or an obscene depiction of a purported child
in any encoded or decoded format in violation of Section
11-20.1, 11-20.1B, or 11-20.3, or 11-20.4 of the Criminal
Code of 1961 or the Criminal Code of 2012. For purposes of
this paragraph (3), "computer" has the meaning ascribed to
it in Section 17-0.5 of the Criminal Code of 2012.
(Source: P.A. 97-1150, eff. 1-25-13; 98-1013, eff. 1-1-15;

SB2940 - 39 - LRB103 37446 RLC 67568 b
98-1138, eff. 6-1-15.)
Section 20. The Bill of Rights for Children is amended by
changing Section 3 as follows:
(725 ILCS 115/3) (from Ch. 38, par. 1353)
Sec. 3. Rights to present child impact statement.
(a) In any case where a defendant has been convicted of a
violent crime involving a child or a juvenile has been
adjudicated a delinquent for any offense defined in Sections
11-6, 11-20.1, 11-20.1B, and 11-20.3, and 11-20.4 and in
Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012, except
those in which both parties have agreed to the imposition of a
specific sentence, and a parent or legal guardian of the child
involved is present in the courtroom at the time of the
sentencing or the disposition hearing, the parent or legal
guardian upon his or her request shall have the right to
address the court regarding the impact which the defendant's
criminal conduct or the juvenile's delinquent conduct has had
upon the child. If the parent or legal guardian chooses to
exercise this right, the impact statement must have been
prepared in writing in conjunction with the Office of the
State's Attorney prior to the initial hearing or sentencing,
before it can be presented orally at the sentencing hearing.
The court shall consider any statements made by the parent or

SB2940 - 40 - LRB103 37446 RLC 67568 b
legal guardian, along with all other appropriate factors in
determining the sentence of the defendant or disposition of
such juvenile.
(b) The crime victim has the right to prepare a victim
impact statement and present it to the office of the State's
Attorney at any time during the proceedings.
(c) This Section shall apply to any child victims of any
offense defined in Sections 11-1.20 through 11-1.60 or 12-13
through 12-16 of the Criminal Code of 1961 or the Criminal Code
of 2012 during any dispositional hearing under Section 5-705
of the Juvenile Court Act of 1987 which takes place pursuant to
an adjudication of delinquency for any such offense.
(Source: P.A. 96-292, eff. 1-1-10; 96-1551, eff. 7-1-11;
97-1150, eff. 1-25-13.)
Section 25. The Unified Code of Corrections is amended by
changing Sections 5-5-3, 5-5-3.2, 5-8-1, and 5-8-4 as follows:
(730 ILCS 5/5-5-3)
Sec. 5-5-3. Disposition.
(a) (Blank).
(b) (Blank).
(c)(1) (Blank).
(2) A period of probation, a term of periodic imprisonment
or conditional discharge shall not be imposed for the
following offenses. The court shall sentence the offender to

SB2940 - 41 - LRB103 37446 RLC 67568 b
not less than the minimum term of imprisonment set forth in
this Code for the following offenses, and may order a fine or
restitution or both in conjunction with such term of
imprisonment:
(A) First degree murder.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the
Illinois Controlled Substances Act, or a violation of
subdivision (c)(1.5) of Section 401 of that Act which
relates to more than 5 grams of a substance containing
fentanyl or an analog thereof.
(D-5) A violation of subdivision (c)(1) of Section 401
of the Illinois Controlled Substances Act which relates to
3 or more grams of a substance containing heroin or an
analog thereof.
(E) (Blank).
(F) A Class 1 or greater felony if the offender had
been convicted of a Class 1 or greater felony, including
any state or federal conviction for an offense that
contained, at the time it was committed, the same elements
as an offense now (the date of the offense committed after
the prior Class 1 or greater felony) classified as a Class
1 or greater felony, within 10 years of the date on which
the offender committed the offense for which he or she is
being sentenced, except as otherwise provided in Section

SB2940 - 42 - LRB103 37446 RLC 67568 b
40-10 of the Substance Use Disorder Act.
(F-3) A Class 2 or greater felony sex offense or
felony firearm offense if the offender had been convicted
of a Class 2 or greater felony, including any state or
federal conviction for an offense that contained, at the
time it was committed, the same elements as an offense now
(the date of the offense committed after the prior Class 2
or greater felony) classified as a Class 2 or greater
felony, within 10 years of the date on which the offender
committed the offense for which he or she is being
sentenced, except as otherwise provided in Section 40-10
of the Substance Use Disorder Act.
(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
of the Criminal Code of 1961 or the Criminal Code of 2012
for which imprisonment is prescribed in those Sections.
(G) Residential burglary, except as otherwise provided
in Section 40-10 of the Substance Use Disorder Act.
(H) Criminal sexual assault.
(I) Aggravated battery of a senior citizen as
described in Section 12-4.6 or subdivision (a)(4) of
Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012.
(J) A forcible felony if the offense was related to
the activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of 5 or

SB2940 - 43 - LRB103 37446 RLC 67568 b
more persons, with an established hierarchy, that
encourages members of the association to perpetrate crimes
or provides support to the members of the association who
do commit crimes.
Beginning July 1, 1994, for the purposes of this
paragraph, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the offense
of hate crime when the underlying offense upon which the
hate crime is based is felony aggravated assault or felony
mob action.
(M) A second or subsequent conviction for the offense
of institutional vandalism if the damage to the property
exceeds $300.
(N) A Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners
Identification Card Act.
(O) A violation of Section 12-6.1 or 12-6.5 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(P) A violation of paragraph (1), (2), (3), (4), (5),
or (7) of subsection (a) of Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(P-5) A violation of paragraph (6) of subsection (a)
of Section 11-20.1 of the Criminal Code of 1961 or the

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Criminal Code of 2012 if the victim is a household or
family member of the defendant.
(P-6) A violation of paragraph (2) or (3) of
subsection (b) of Section 11-20.4 of the Criminal Code of
2012.
(Q) A violation of subsection (b) or (b-5) of Section
20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(R) A violation of Section 24-3A of the Criminal Code
of 1961 or the Criminal Code of 2012.
(S) (Blank).
(T) (Blank).
(U) A second or subsequent violation of Section 6-303
of the Illinois Vehicle Code committed while his or her
driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961
or the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar provision of a law of
another state.
(V) A violation of paragraph (4) of subsection (c) of
Section 11-20.1B or paragraph (4) of subsection (c) of
Section 11-20.3 of the Criminal Code of 1961, or paragraph
(6) of subsection (a) of Section 11-20.1 of the Criminal
Code of 2012 when the victim is under 13 years of age and
the defendant has previously been convicted under the laws
of this State or any other state of the offense of child

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pornography, aggravated child pornography, aggravated
criminal sexual abuse, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, or any of
the offenses formerly known as rape, deviate sexual
assault, indecent liberties with a child, or aggravated
indecent liberties with a child where the victim was under
the age of 18 years or an offense that is substantially
equivalent to those offenses.
(V-5) A violation of paragraph (1) of subsection (b)
of Section 11-20.4 of the Criminal Code of 2012 when the
victim is under 13 years of age and the defendant has
previously been convicted under the laws of this State or
any other state of the offense of child pornography,
aggravated child pornography, aggravated criminal sexual
abuse, aggravated criminal sexual assault, predatory
criminal sexual assault of a child, or any of the offenses
formerly known as rape, deviate sexual assault, indecent
liberties with a child, or aggravated indecent liberties
with a child if the victim was under the age of 18 years or
an offense that is substantially equivalent to those
offenses.
(W) A violation of Section 24-3.5 of the Criminal Code
of 1961 or the Criminal Code of 2012.
(X) A violation of subsection (a) of Section 31-1a of
the Criminal Code of 1961 or the Criminal Code of 2012.
(Y) A conviction for unlawful possession of a firearm

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by a street gang member when the firearm was loaded or
contained firearm ammunition.
(Z) A Class 1 felony committed while he or she was
serving a term of probation or conditional discharge for a
felony.
(AA) Theft of property exceeding $500,000 and not
exceeding $1,000,000 in value.
(BB) Laundering of criminally derived property of a
value exceeding $500,000.
(CC) Knowingly selling, offering for sale, holding for
sale, or using 2,000 or more counterfeit items or
counterfeit items having a retail value in the aggregate
of $500,000 or more.
(DD) A conviction for aggravated assault under
paragraph (6) of subsection (c) of Section 12-2 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
firearm is aimed toward the person against whom the
firearm is being used.
(EE) A conviction for a violation of paragraph (2) of
subsection (a) of Section 24-3B of the Criminal Code of
2012.
(3) (Blank).
(4) A minimum term of imprisonment of not less than 10
consecutive days or 30 days of community service shall be
imposed for a violation of paragraph (c) of Section 6-303 of
the Illinois Vehicle Code.

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(4.1) (Blank).
(4.2) Except as provided in paragraphs (4.3) and (4.8) of
this subsection (c), a minimum of 100 hours of community
service shall be imposed for a second violation of Section
6-303 of the Illinois Vehicle Code.
(4.3) A minimum term of imprisonment of 30 days or 300
hours of community service, as determined by the court, shall
be imposed for a second violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.4) Except as provided in paragraphs (4.5), (4.6), and
(4.9) of this subsection (c), a minimum term of imprisonment
of 30 days or 300 hours of community service, as determined by
the court, shall be imposed for a third or subsequent
violation of Section 6-303 of the Illinois Vehicle Code. The
court may give credit toward the fulfillment of community
service hours for participation in activities and treatment as
determined by court services.
(4.5) A minimum term of imprisonment of 30 days shall be
imposed for a third violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.6) Except as provided in paragraph (4.10) of this
subsection (c), a minimum term of imprisonment of 180 days
shall be imposed for a fourth or subsequent violation of
subsection (c) of Section 6-303 of the Illinois Vehicle Code.
(4.7) A minimum term of imprisonment of not less than 30
consecutive days, or 300 hours of community service, shall be

SB2940 - 48 - LRB103 37446 RLC 67568 b
imposed for a violation of subsection (a-5) of Section 6-303
of the Illinois Vehicle Code, as provided in subsection (b-5)
of that Section.
(4.8) A mandatory prison sentence shall be imposed for a
second violation of subsection (a-5) of Section 6-303 of the
Illinois Vehicle Code, as provided in subsection (c-5) of that
Section. The person's driving privileges shall be revoked for
a period of not less than 5 years from the date of his or her
release from prison.
(4.9) A mandatory prison sentence of not less than 4 and
not more than 15 years shall be imposed for a third violation
of subsection (a-5) of Section 6-303 of the Illinois Vehicle
Code, as provided in subsection (d-2.5) of that Section. The
person's driving privileges shall be revoked for the remainder
of his or her life.
(4.10) A mandatory prison sentence for a Class 1 felony
shall be imposed, and the person shall be eligible for an
extended term sentence, for a fourth or subsequent violation
of subsection (a-5) of Section 6-303 of the Illinois Vehicle
Code, as provided in subsection (d-3.5) of that Section. The
person's driving privileges shall be revoked for the remainder
of his or her life.
(5) The court may sentence a corporation or unincorporated
association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;

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(C) make restitution to the victim under Section 5-5-6
of this Code.
(5.1) In addition to any other penalties imposed, and
except as provided in paragraph (5.2) or (5.3), a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for at least 90 days but not
more than one year, if the violation resulted in damage to the
property of another person.
(5.2) In addition to any other penalties imposed, and
except as provided in paragraph (5.3), a person convicted of
violating subsection (c) of Section 11-907 of the Illinois
Vehicle Code shall have his or her driver's license, permit,
or privileges suspended for at least 180 days but not more than
2 years, if the violation resulted in injury to another
person.
(5.3) In addition to any other penalties imposed, a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for 2 years, if the violation
resulted in the death of another person.
(5.4) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code shall have his or her driver's license, permit, or
privileges suspended for 3 months and until he or she has paid
a reinstatement fee of $100.

SB2940 - 50 - LRB103 37446 RLC 67568 b
(5.5) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code during a period in which his or her driver's license,
permit, or privileges were suspended for a previous violation
of that Section shall have his or her driver's license,
permit, or privileges suspended for an additional 6 months
after the expiration of the original 3-month suspension and
until he or she has paid a reinstatement fee of $100.
(6) (Blank).
(7) (Blank).
(8) (Blank).
(9) A defendant convicted of a second or subsequent
offense of ritualized abuse of a child may be sentenced to a
term of natural life imprisonment.
(10) (Blank).
(11) The court shall impose a minimum fine of $1,000 for a
first offense and $2,000 for a second or subsequent offense
upon a person convicted of or placed on supervision for
battery when the individual harmed was a sports official or
coach at any level of competition and the act causing harm to
the sports official or coach occurred within an athletic
facility or within the immediate vicinity of the athletic
facility at which the sports official or coach was an active
participant of the athletic contest held at the athletic
facility. For the purposes of this paragraph (11), "sports
official" means a person at an athletic contest who enforces

SB2940 - 51 - LRB103 37446 RLC 67568 b
the rules of the contest, such as an umpire or referee;
"athletic facility" means an indoor or outdoor playing field
or recreational area where sports activities are conducted;
and "coach" means a person recognized as a coach by the
sanctioning authority that conducted the sporting event.
(12) A person may not receive a disposition of court
supervision for a violation of Section 5-16 of the Boat
Registration and Safety Act if that person has previously
received a disposition of court supervision for a violation of
that Section.
(13) A person convicted of or placed on court supervision
for an assault or aggravated assault when the victim and the
offender are family or household members as defined in Section
103 of the Illinois Domestic Violence Act of 1986 or convicted
of domestic battery or aggravated domestic battery may be
required to attend a Partner Abuse Intervention Program under
protocols set forth by the Illinois Department of Human
Services under such terms and conditions imposed by the court.
The costs of such classes shall be paid by the offender.
(d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of this
Code which may include evidence of the defendant's life, moral
character and occupation during the time since the original
sentence was passed. The trial court shall then impose
sentence upon the defendant. The trial court may impose any

SB2940 - 52 - LRB103 37446 RLC 67568 b
sentence which could have been imposed at the original trial
subject to Section 5-5-4 of this Code. If a sentence is vacated
on appeal or on collateral attack due to the failure of the
trier of fact at trial to determine beyond a reasonable doubt
the existence of a fact (other than a prior conviction)
necessary to increase the punishment for the offense beyond
the statutory maximum otherwise applicable, either the
defendant may be re-sentenced to a term within the range
otherwise provided or, if the State files notice of its
intention to again seek the extended sentence, the defendant
shall be afforded a new trial.
(e) In cases where prosecution for aggravated criminal
sexual abuse under Section 11-1.60 or 12-16 of the Criminal
Code of 1961 or the Criminal Code of 2012 results in conviction
of a defendant who was a family member of the victim at the
time of the commission of the offense, the court shall
consider the safety and welfare of the victim and may impose a
sentence of probation only where:
(1) the court finds (A) or (B) or both are
appropriate:
(A) the defendant is willing to undergo a court
approved counseling program for a minimum duration of
2 years; or
(B) the defendant is willing to participate in a
court approved plan, including, but not limited to,
the defendant's:

SB2940 - 53 - LRB103 37446 RLC 67568 b
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
family;
(iv) restitution for harm done to the victim;
and
(v) compliance with any other measures that
the court may deem appropriate; and
(2) the court orders the defendant to pay for the
victim's counseling services, to the extent that the court
finds, after considering the defendant's income and
assets, that the defendant is financially capable of
paying for such services, if the victim was under 18 years
of age at the time the offense was committed and requires
counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
11-0.1 of the Criminal Code of 2012.
(f) (Blank).

SB2940 - 54 - LRB103 37446 RLC 67568 b
(g) Whenever a defendant is convicted of an offense under
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
11-14.3, 11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the defendant shall undergo medical
testing to determine whether the defendant has any sexually
transmissible disease, including a test for infection with
human immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of
any bodily fluids as well as an examination of the defendant's
person. Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally
delivered in a sealed envelope to the judge of the court in
which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may be
revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested
by the victim, and if the victim is under the age of 15 and if
requested by the victim's parents or legal guardian, the court

SB2940 - 55 - LRB103 37446 RLC 67568 b
shall notify the victim's parents or legal guardian of the
test results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results of
the testing are revealed and shall direct the State's Attorney
to provide the information to the victim when possible. The
court shall order that the cost of any such test shall be paid
by the county and may be taxed as costs against the convicted
defendant.
(g-5) When an inmate is tested for an airborne
communicable disease, as determined by the Illinois Department
of Public Health, including, but not limited to, tuberculosis,
the results of the test shall be personally delivered by the
warden or his or her designee in a sealed envelope to the judge
of the court in which the inmate must appear for the judge's
inspection in camera if requested by the judge. Acting in
accordance with the best interests of those in the courtroom,
the judge shall have the discretion to determine what if any
precautions need to be taken to prevent transmission of the
disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided

SB2940 - 56 - LRB103 37446 RLC 67568 b
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. The court shall order that the cost of any such
test shall be paid by the county and may be taxed as costs
against the convicted defendant.
(i) All fines and penalties imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under the Criminal
and Traffic Assessment Act.
(j) In cases when prosecution for any violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

SB2940 - 57 - LRB103 37446 RLC 67568 b
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11-20.1B, 11-20.3, 11-20.4, 11-21, 11-30, 11-40, 12-13, 12-14,
12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, any violation of the Illinois
Controlled Substances Act, any violation of the Cannabis
Control Act, or any violation of the Methamphetamine Control
and Community Protection Act results in conviction, a
disposition of court supervision, or an order of probation
granted under Section 10 of the Cannabis Control Act, Section
410 of the Illinois Controlled Substances Act, or Section 70
of the Methamphetamine Control and Community Protection Act of
a defendant, the court shall determine whether the defendant
is employed by a facility or center as defined under the Child
Care Act of 1969, a public or private elementary or secondary
school, or otherwise works with children under 18 years of age
on a daily basis. When a defendant is so employed, the court
shall order the Clerk of the Court to send a copy of the
judgment of conviction or order of supervision or probation to
the defendant's employer by certified mail. If the employer of
the defendant is a school, the Clerk of the Court shall direct
the mailing of a copy of the judgment of conviction or order of
supervision or probation to the appropriate regional
superintendent of schools. The regional superintendent of
schools shall notify the State Board of Education of any
notification under this subsection.

SB2940 - 58 - LRB103 37446 RLC 67568 b
(j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a
misdemeanor or felony and who is sentenced to a term of
imprisonment in the Illinois Department of Corrections shall
as a condition of his or her sentence be required by the court
to attend educational courses designed to prepare the
defendant for a high school diploma and to work toward a high
school diploma or to work toward passing high school
equivalency testing or to work toward completing a vocational
training program offered by the Department of Corrections. If
a defendant fails to complete the educational training
required by his or her sentence during the term of
incarceration, the Prisoner Review Board shall, as a condition
of mandatory supervised release, require the defendant, at his
or her own expense, to pursue a course of study toward a high
school diploma or passage of high school equivalency testing.
The Prisoner Review Board shall revoke the mandatory
supervised release of a defendant who wilfully fails to comply
with this subsection (j-5) upon his or her release from
confinement in a penal institution while serving a mandatory
supervised release term; however, the inability of the
defendant after making a good faith effort to obtain financial
aid or pay for the educational training shall not be deemed a
wilful failure to comply. The Prisoner Review Board shall
recommit the defendant whose mandatory supervised release term
has been revoked under this subsection (j-5) as provided in

SB2940 - 59 - LRB103 37446 RLC 67568 b
Section 3-3-9. This subsection (j-5) does not apply to a
defendant who has a high school diploma or has successfully
passed high school equivalency testing. This subsection (j-5)
does not apply to a defendant who is determined by the court to
be a person with a developmental disability or otherwise
mentally incapable of completing the educational or vocational
program.
(k) (Blank).
(l)(A) Except as provided in paragraph (C) of subsection
(l), whenever a defendant, who is not a citizen or national of
the United States, is convicted of any felony or misdemeanor
offense, the court after sentencing the defendant may, upon
motion of the State's Attorney, hold sentence in abeyance and
remand the defendant to the custody of the Attorney General of
the United States or his or her designated agent to be deported
when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
Otherwise, the defendant shall be sentenced as provided in
this Chapter V.
(B) If the defendant has already been sentenced for a
felony or misdemeanor offense, or has been placed on probation

SB2940 - 60 - LRB103 37446 RLC 67568 b
under Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act, the
court may, upon motion of the State's Attorney to suspend the
sentence imposed, commit the defendant to the custody of the
Attorney General of the United States or his or her designated
agent when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
(C) This subsection (l) does not apply to offenders who
are subject to the provisions of paragraph (2) of subsection
(a) of Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant
sentenced under this Section returns to the jurisdiction of
the United States, the defendant shall be recommitted to the
custody of the county from which he or she was sentenced.
Thereafter, the defendant shall be brought before the
sentencing court, which may impose any sentence that was
available under Section 5-5-3 at the time of initial
sentencing. In addition, the defendant shall not be eligible
for additional earned sentence credit as provided under
Section 3-6-3.

SB2940 - 61 - LRB103 37446 RLC 67568 b
(m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012, in which the property damage exceeds
$300 and the property damaged is a school building, shall be
ordered to perform community service that may include cleanup,
removal, or painting over the defacement.
(n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 or the Criminal Code of 2012 (i) to an impact
incarceration program if the person is otherwise eligible for
that program under Section 5-8-1.1, (ii) to community service,
or (iii) if the person has a substance use disorder, as defined
in the Substance Use Disorder Act, to a treatment program
licensed under that Act.
(o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the
defendant's driver's license or permit shall be subject to
renewal on an annual basis in accordance with the provisions
of license renewal established by the Secretary of State.
(Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22;
102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff.
1-1-24.)
(730 ILCS 5/5-5-3.2)
Sec. 5-5-3.2. Factors in aggravation and extended-term

SB2940 - 62 - LRB103 37446 RLC 67568 b
sentencing.
(a) The following factors shall be accorded weight in
favor of imposing a term of imprisonment or may be considered
by the court as reasons to impose a more severe sentence under
Section 5-8-1 or Article 4.5 of Chapter V:
(1) the defendant's conduct caused or threatened
serious harm;
(2) the defendant received compensation for committing
the offense;
(3) the defendant has a history of prior delinquency
or criminal activity;
(4) the defendant, by the duties of his office or by
his position, was obliged to prevent the particular
offense committed or to bring the offenders committing it
to justice;
(5) the defendant held public office at the time of
the offense, and the offense related to the conduct of
that office;
(6) the defendant utilized his professional reputation
or position in the community to commit the offense, or to
afford him an easier means of committing it;
(7) the sentence is necessary to deter others from
committing the same crime;
(8) the defendant committed the offense against a
person 60 years of age or older or such person's property;
(9) the defendant committed the offense against a

SB2940 - 63 - LRB103 37446 RLC 67568 b
person who has a physical disability or such person's
property;
(10) by reason of another individual's actual or
perceived race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability, or
national origin, the defendant committed the offense
against (i) the person or property of that individual;
(ii) the person or property of a person who has an
association with, is married to, or has a friendship with
the other individual; or (iii) the person or property of a
relative (by blood or marriage) of a person described in
clause (i) or (ii). For the purposes of this Section,
"sexual orientation" has the meaning ascribed to it in
paragraph (O-1) of Section 1-103 of the Illinois Human
Rights Act;
(11) the offense took place in a place of worship or on
the grounds of a place of worship, immediately prior to,
during or immediately following worship services. For
purposes of this subparagraph, "place of worship" shall
mean any church, synagogue or other building, structure or
place used primarily for religious worship;
(12) the defendant was convicted of a felony committed
while he was on pretrial release or his own recognizance
pending trial for a prior felony and was convicted of such
prior felony, or the defendant was convicted of a felony
committed while he was serving a period of probation,

SB2940 - 64 - LRB103 37446 RLC 67568 b
conditional discharge, or mandatory supervised release
under subsection (d) of Section 5-8-1 for a prior felony;
(13) the defendant committed or attempted to commit a
felony while he was wearing a bulletproof vest. For the
purposes of this paragraph (13), a bulletproof vest is any
device which is designed for the purpose of protecting the
wearer from bullets, shot or other lethal projectiles;
(14) the defendant held a position of trust or
supervision such as, but not limited to, family member as
defined in Section 11-0.1 of the Criminal Code of 2012,
teacher, scout leader, baby sitter, or day care worker, in
relation to a victim under 18 years of age, and the
defendant committed an offense in violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
or 12-16 of the Criminal Code of 1961 or the Criminal Code
of 2012 against that victim;
(15) the defendant committed an offense related to the
activities of an organized gang. For the purposes of this
factor, "organized gang" has the meaning ascribed to it in
Section 10 of the Streetgang Terrorism Omnibus Prevention
Act;
(16) the defendant committed an offense in violation
of one of the following Sections while in a school,

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

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(17) the defendant committed the offense by reason of
any person's activity as a community policing volunteer or
to prevent any person from engaging in activity as a
community policing volunteer. For the purpose of this
Section, "community policing volunteer" has the meaning
ascribed to it in Section 2-3.5 of the Criminal Code of
2012;
(18) the defendant committed the offense in a nursing
home or on the real property comprising a nursing home.
For the purposes of this paragraph (18), "nursing home"
means a skilled nursing or intermediate long term care
facility that is subject to license by the Illinois
Department of Public Health under the Nursing Home Care
Act, the Specialized Mental Health Rehabilitation Act of
2013, the ID/DD Community Care Act, or the MC/DD Act;
(19) the defendant was a federally licensed firearm
dealer and was previously convicted of a violation of
subsection (a) of Section 3 of the Firearm Owners
Identification Card Act and has now committed either a
felony violation of the Firearm Owners Identification Card
Act or an act of armed violence while armed with a firearm;
(20) the defendant (i) committed the offense of
reckless homicide under Section 9-3 of the Criminal Code
of 1961 or the Criminal Code of 2012 or the offense of
driving under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds or any

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combination thereof under Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance
and (ii) was operating a motor vehicle in excess of 20
miles per hour over the posted speed limit as provided in
Article VI of Chapter 11 of the Illinois Vehicle Code;
(21) the defendant (i) committed the offense of
reckless driving or aggravated reckless driving under
Section 11-503 of the Illinois Vehicle Code and (ii) was
operating a motor vehicle in excess of 20 miles per hour
over the posted speed limit as provided in Article VI of
Chapter 11 of the Illinois Vehicle Code;
(22) the defendant committed the offense against a
person that the defendant knew, or reasonably should have
known, was a member of the Armed Forces of the United
States serving on active duty. For purposes of this clause
(22), the term "Armed Forces" means any of the Armed
Forces of the United States, including a member of any
reserve component thereof or National Guard unit called to
active duty;
(23) the defendant committed the offense against a
person who was elderly or infirm or who was a person with a
disability by taking advantage of a family or fiduciary
relationship with the elderly or infirm person or person
with a disability;
(24) the defendant committed any offense under Section
11-20.1 of the Criminal Code of 1961 or the Criminal Code

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of 2012 and possessed 100 or more images;
(25) the defendant committed the offense while the
defendant or the victim was in a train, bus, or other
vehicle used for public transportation;
(26) the defendant committed the offense of child
pornography or aggravated child pornography, specifically
including paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) of Section 11-20.1 of the Criminal Code of
1961 or the Criminal Code of 2012 where a child engaged in,
solicited for, depicted in, or posed in any act of sexual
penetration or bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in a sexual context
and specifically including paragraph (1), (2), (3), (4),
(5), or (7) of subsection (a) of Section 11-20.1B or
Section 11-20.3 of the Criminal Code of 1961 where a child
engaged in, solicited for, depicted in, or posed in any
act of sexual penetration or bound, fettered, or subject
to sadistic, masochistic, or sadomasochistic abuse in a
sexual context;
(26.5) the defendant committed the offense of obscene
depiction of a purported child, specifically including
paragraph (2) or (3) of subsection (b) of Section 11-20.4
of the Criminal Code of 2012 if a child engaged in,
solicited for, depicted in, or posed in any act of sexual
penetration or bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in a sexual context;

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(27) the defendant committed the offense of first
degree murder, assault, aggravated assault, battery,
aggravated battery, robbery, armed robbery, or aggravated
robbery against a person who was a veteran and the
defendant knew, or reasonably should have known, that the
person was a veteran performing duties as a representative
of a veterans' organization. For the purposes of this
paragraph (27), "veteran" means an Illinois resident who
has served as a member of the United States Armed Forces, a
member of the Illinois National Guard, or a member of the
United States Reserve Forces; and "veterans' organization"
means an organization comprised of members of which
substantially all are individuals who are veterans or
spouses, widows, or widowers of veterans, the primary
purpose of which is to promote the welfare of its members
and to provide assistance to the general public in such a
way as to confer a public benefit;
(28) the defendant committed the offense of assault,
aggravated assault, battery, aggravated battery, robbery,
armed robbery, or aggravated robbery against a person that
the defendant knew or reasonably should have known was a
letter carrier or postal worker while that person was
performing his or her duties delivering mail for the
United States Postal Service;
(29) the defendant committed the offense of criminal
sexual assault, aggravated criminal sexual assault,

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criminal sexual abuse, or aggravated criminal sexual abuse
against a victim with an intellectual disability, and the
defendant holds a position of trust, authority, or
supervision in relation to the victim;
(30) the defendant committed the offense of promoting
juvenile prostitution, patronizing a prostitute, or
patronizing a minor engaged in prostitution and at the
time of the commission of the offense knew that the
prostitute or minor engaged in prostitution was in the
custody or guardianship of the Department of Children and
Family Services;
(31) the defendant (i) committed the offense of
driving while under the influence of alcohol, other drug
or drugs, intoxicating compound or compounds or any
combination thereof in violation of Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance and (ii) the defendant during the commission of
the offense was driving his or her vehicle upon a roadway
designated for one-way traffic in the opposite direction
of the direction indicated by official traffic control
devices;
(32) the defendant committed the offense of reckless
homicide while committing a violation of Section 11-907 of
the Illinois Vehicle Code;
(33) the defendant was found guilty of an
administrative infraction related to an act or acts of

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public indecency or sexual misconduct in the penal
institution. In this paragraph (33), "penal institution"
has the same meaning as in Section 2-14 of the Criminal
Code of 2012; or
(34) the defendant committed the offense of leaving
the scene of a crash in violation of subsection (b) of
Section 11-401 of the Illinois Vehicle Code and the crash
resulted in the death of a person and at the time of the
offense, the defendant was: (i) driving under the
influence of alcohol, other drug or drugs, intoxicating
compound or compounds or any combination thereof as
defined by Section 11-501 of the Illinois Vehicle Code; or
(ii) operating the motor vehicle while using an electronic
communication device as defined in Section 12-610.2 of the
Illinois Vehicle Code.
For the purposes of this Section:
"School" is defined as a public or private elementary or
secondary school, community college, college, or university.
"Day care center" means a public or private State
certified and licensed day care center as defined in Section
2.09 of the Child Care Act of 1969 that displays a sign in
plain view stating that the property is a day care center.
"Intellectual disability" means significantly subaverage
intellectual functioning which exists concurrently with
impairment in adaptive behavior.
"Public transportation" means the transportation or

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conveyance of persons by means available to the general
public, and includes paratransit services.
"Traffic control devices" means all signs, signals,
markings, and devices that conform to the Illinois Manual on
Uniform Traffic Control Devices, placed or erected by
authority of a public body or official having jurisdiction,
for the purpose of regulating, warning, or guiding traffic.
(b) The following factors, related to all felonies, may be
considered by the court as reasons to impose an extended term
sentence under Section 5-8-2 upon any offender:
(1) When a defendant is convicted of any felony, after
having been previously convicted in Illinois or any other
jurisdiction of the same or similar class felony or
greater class felony, when such conviction has occurred
within 10 years after the previous conviction, excluding
time spent in custody, and such charges are separately
brought and tried and arise out of different series of
acts; or
(2) When a defendant is convicted of any felony and
the court finds that the offense was accompanied by
exceptionally brutal or heinous behavior indicative of
wanton cruelty; or
(3) When a defendant is convicted of any felony
committed against:
(i) a person under 12 years of age at the time of
the offense or such person's property;

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(ii) a person 60 years of age or older at the time
of the offense or such person's property; or
(iii) a person who had a physical disability at
the time of the offense or such person's property; or
(4) When a defendant is convicted of any felony and
the offense involved any of the following types of
specific misconduct committed as part of a ceremony, rite,
initiation, observance, performance, practice or activity
of any actual or ostensible religious, fraternal, or
social group:
(i) the brutalizing or torturing of humans or
animals;
(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery, religious,
fraternal, business, governmental, educational, or
other building or property; or
(v) ritualized abuse of a child; or
(5) When a defendant is convicted of a felony other
than conspiracy and the court finds that the felony was
committed under an agreement with 2 or more other persons
to commit that offense and the defendant, with respect to
the other individuals, occupied a position of organizer,
supervisor, financier, or any other position of management
or leadership, and the court further finds that the felony
committed was related to or in furtherance of the criminal

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activities of an organized gang or was motivated by the
defendant's leadership in an organized gang; or
(6) When a defendant is convicted of an offense
committed while using a firearm with a laser sight
attached to it. For purposes of this paragraph, "laser
sight" has the meaning ascribed to it in Section 26-7 of
the Criminal Code of 2012; or
(7) When a defendant who was at least 17 years of age
at the time of the commission of the offense is convicted
of a felony and has been previously adjudicated a
delinquent minor under the Juvenile Court Act of 1987 for
an act that if committed by an adult would be a Class X or
Class 1 felony when the conviction has occurred within 10
years after the previous adjudication, excluding time
spent in custody; or
(8) When a defendant commits any felony and the
defendant used, possessed, exercised control over, or
otherwise directed an animal to assault a law enforcement
officer engaged in the execution of his or her official
duties or in furtherance of the criminal activities of an
organized gang in which the defendant is engaged; or
(9) When a defendant commits any felony and the
defendant knowingly video or audio records the offense
with the intent to disseminate the recording.
(c) The following factors may be considered by the court
as reasons to impose an extended term sentence under Section

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5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
offenses:
(1) When a defendant is convicted of first degree
murder, after having been previously convicted in Illinois
of any offense listed under paragraph (c)(2) of Section
5-5-3 (730 ILCS 5/5-5-3), when that conviction has
occurred within 10 years after the previous conviction,
excluding time spent in custody, and the charges are
separately brought and tried and arise out of different
series of acts.
(1.5) When a defendant is convicted of first degree
murder, after having been previously convicted of domestic
battery (720 ILCS 5/12-3.2) or aggravated domestic battery
(720 ILCS 5/12-3.3) committed on the same victim or after
having been previously convicted of violation of an order
of protection (720 ILCS 5/12-30) in which the same victim
was the protected person.
(2) When a defendant is convicted of voluntary
manslaughter, second degree murder, involuntary
manslaughter, or reckless homicide in which the defendant
has been convicted of causing the death of more than one
individual.
(3) When a defendant is convicted of aggravated
criminal sexual assault or criminal sexual assault, when
there is a finding that aggravated criminal sexual assault
or criminal sexual assault was also committed on the same

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victim by one or more other individuals, and the defendant
voluntarily participated in the crime with the knowledge
of the participation of the others in the crime, and the
commission of the crime was part of a single course of
conduct during which there was no substantial change in
the nature of the criminal objective.
(4) If the victim was under 18 years of age at the time
of the commission of the offense, when a defendant is
convicted of aggravated criminal sexual assault or
predatory criminal sexual assault of a child under
subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
of Section 12-14.1 of the Criminal Code of 1961 or the
Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
(5) When a defendant is convicted of a felony
violation of Section 24-1 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
finding that the defendant is a member of an organized
gang.
(6) When a defendant was convicted of unlawful use of
weapons under Section 24-1 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
a weapon that is not readily distinguishable as one of the
weapons enumerated in Section 24-1 of the Criminal Code of
1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
(7) When a defendant is convicted of an offense
involving the illegal manufacture of a controlled

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substance under Section 401 of the Illinois Controlled
Substances Act (720 ILCS 570/401), the illegal manufacture
of methamphetamine under Section 25 of the Methamphetamine
Control and Community Protection Act (720 ILCS 646/25), or
the illegal possession of explosives and an emergency
response officer in the performance of his or her duties
is killed or injured at the scene of the offense while
responding to the emergency caused by the commission of
the offense. In this paragraph, "emergency" means a
situation in which a person's life, health, or safety is
in jeopardy; and "emergency response officer" means a
peace officer, community policing volunteer, fireman,
emergency medical technician-ambulance, emergency medical
technician-intermediate, emergency medical
technician-paramedic, ambulance driver, other medical
assistance or first aid personnel, or hospital emergency
room personnel.
(8) When the defendant is convicted of attempted mob
action, solicitation to commit mob action, or conspiracy
to commit mob action under Section 8-1, 8-2, or 8-4 of the
Criminal Code of 2012, where the criminal object is a
violation of Section 25-1 of the Criminal Code of 2012,
and an electronic communication is used in the commission
of the offense. For the purposes of this paragraph (8),
"electronic communication" shall have the meaning provided
in Section 26.5-0.1 of the Criminal Code of 2012.

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(d) For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(e) The court may impose an extended term sentence under
Article 4.5 of Chapter V upon an offender who has been
convicted of a felony violation of Section 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012
when the victim of the offense is under 18 years of age at the
time of the commission of the offense and, during the
commission of the offense, the victim was under the influence
of alcohol, regardless of whether or not the alcohol was
supplied by the offender; and the offender, at the time of the
commission of the offense, knew or should have known that the
victim had consumed alcohol.
(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
8-20-21; 102-982, eff. 7-1-23.)
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
Sec. 5-8-1. Natural life imprisonment; enhancements for
use of a firearm; mandatory supervised release terms.
(a) Except as otherwise provided in the statute defining
the offense or in Article 4.5 of Chapter V, a sentence of
imprisonment for a felony shall be a determinate sentence set
by the court under this Section, subject to Section 5-4.5-115

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of this Code, according to the following limitations:
(1) for first degree murder,
(a) (blank),
(b) if a trier of fact finds beyond a reasonable
doubt that the murder was accompanied by exceptionally
brutal or heinous behavior indicative of wanton
cruelty or, except as set forth in subsection
(a)(1)(c) of this Section, that any of the aggravating
factors listed in subparagraph (b-5) are present, the
court may sentence the defendant, subject to Section
5-4.5-105, to a term of natural life imprisonment, or
(b-5) A defendant who at the time of the
commission of the offense has attained the age of 18 or
more and who has been found guilty of first degree
murder may be sentenced to a term of natural life
imprisonment if:
(1) the murdered individual was an inmate at
an institution or facility of the Department of
Corrections, or any similar local correctional
agency and was killed on the grounds thereof, or
the murdered individual was otherwise present in
such institution or facility with the knowledge
and approval of the chief administrative officer
thereof;
(2) the murdered individual was killed as a
result of the hijacking of an airplane, train,

SB2940 - 80 - LRB103 37446 RLC 67568 b
ship, bus, or other public conveyance;
(3) the defendant committed the murder
pursuant to a contract, agreement, or
understanding by which he or she was to receive
money or anything of value in return for
committing the murder or procured another to
commit the murder for money or anything of value;
(4) the murdered individual was killed in the
course of another felony if:
(A) the murdered individual:
(i) was actually killed by the
defendant, or
(ii) received physical injuries
personally inflicted by the defendant
substantially contemporaneously with
physical injuries caused by one or more
persons for whose conduct the defendant is
legally accountable under Section 5-2 of
this Code, and the physical injuries
inflicted by either the defendant or the
other person or persons for whose conduct
he is legally accountable caused the death
of the murdered individual; and (B) in
performing the acts which caused the death
of the murdered individual or which
resulted in physical injuries personally

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inflicted by the defendant on the murdered
individual under the circumstances of
subdivision (ii) of clause (A) of this
clause (4), the defendant acted with the
intent to kill the murdered individual or
with the knowledge that his or her acts
created a strong probability of death or
great bodily harm to the murdered
individual or another; and
(B) in performing the acts which caused
the death of the murdered individual or which
resulted in physical injuries personally
inflicted by the defendant on the murdered
individual under the circumstances of
subdivision (ii) of clause (A) of this clause
(4), the defendant acted with the intent to
kill the murdered individual or with the
knowledge that his or her acts created a
strong probability of death or great bodily
harm to the murdered individual or another;
and
(C) the other felony was an inherently
violent crime or the attempt to commit an
inherently violent crime. In this clause (C),
"inherently violent crime" includes, but is
not limited to, armed robbery, robbery,

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predatory criminal sexual assault of a child,
aggravated criminal sexual assault, aggravated
kidnapping, aggravated vehicular hijacking,
aggravated arson, aggravated stalking,
residential burglary, and home invasion;
(5) the defendant committed the murder with
intent to prevent the murdered individual from
testifying or participating in any criminal
investigation or prosecution or giving material
assistance to the State in any investigation or
prosecution, either against the defendant or
another; or the defendant committed the murder
because the murdered individual was a witness in
any prosecution or gave material assistance to the
State in any investigation or prosecution, either
against the defendant or another; for purposes of
this clause (5), "participating in any criminal
investigation or prosecution" is intended to
include those appearing in the proceedings in any
capacity such as trial judges, prosecutors,
defense attorneys, investigators, witnesses, or
jurors;
(6) the defendant, while committing an offense
punishable under Section 401, 401.1, 401.2, 405,
405.2, 407 or 407.1 or subsection (b) of Section
404 of the Illinois Controlled Substances Act, or

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while engaged in a conspiracy or solicitation to
commit such offense, intentionally killed an
individual or counseled, commanded, induced,
procured or caused the intentional killing of the
murdered individual;
(7) the defendant was incarcerated in an
institution or facility of the Department of
Corrections at the time of the murder, and while
committing an offense punishable as a felony under
Illinois law, or while engaged in a conspiracy or
solicitation to commit such offense, intentionally
killed an individual or counseled, commanded,
induced, procured or caused the intentional
killing of the murdered individual;
(8) the murder was committed in a cold,
calculated and premeditated manner pursuant to a
preconceived plan, scheme or design to take a
human life by unlawful means, and the conduct of
the defendant created a reasonable expectation
that the death of a human being would result
therefrom;
(9) the defendant was a principal
administrator, organizer, or leader of a
calculated criminal drug conspiracy consisting of
a hierarchical position of authority superior to
that of all other members of the conspiracy, and

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the defendant counseled, commanded, induced,
procured, or caused the intentional killing of the
murdered person;
(10) the murder was intentional and involved
the infliction of torture. For the purpose of this
clause (10), torture means the infliction of or
subjection to extreme physical pain, motivated by
an intent to increase or prolong the pain,
suffering or agony of the victim;
(11) the murder was committed as a result of
the intentional discharge of a firearm by the
defendant from a motor vehicle and the victim was
not present within the motor vehicle;
(12) the murdered individual was a person with
a disability and the defendant knew or should have
known that the murdered individual was a person
with a disability. For purposes of this clause
(12), "person with a disability" means a person
who suffers from a permanent physical or mental
impairment resulting from disease, an injury, a
functional disorder, or a congenital condition
that renders the person incapable of adequately
providing for his or her own health or personal
care;
(13) the murdered individual was subject to an
order of protection and the murder was committed

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by a person against whom the same order of
protection was issued under the Illinois Domestic
Violence Act of 1986;
(14) the murdered individual was known by the
defendant to be a teacher or other person employed
in any school and the teacher or other employee is
upon the grounds of a school or grounds adjacent
to a school, or is in any part of a building used
for school purposes;
(15) the murder was committed by the defendant
in connection with or as a result of the offense of
terrorism as defined in Section 29D-14.9 of this
Code;
(16) the murdered individual was a member of a
congregation engaged in prayer or other religious
activities at a church, synagogue, mosque, or
other building, structure, or place used for
religious worship; or
(17)(i) the murdered individual was a
physician, physician assistant, psychologist,
nurse, or advanced practice registered nurse;
(ii) the defendant knew or should have known
that the murdered individual was a physician,
physician assistant, psychologist, nurse, or
advanced practice registered nurse; and
(iii) the murdered individual was killed in

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the course of acting in his or her capacity as a
physician, physician assistant, psychologist,
nurse, or advanced practice registered nurse, or
to prevent him or her from acting in that
capacity, or in retaliation for his or her acting
in that capacity.
(c) the court shall sentence the defendant to a
term of natural life imprisonment if the defendant, at
the time of the commission of the murder, had attained
the age of 18, and:
(i) has previously been convicted of first
degree murder under any state or federal law, or
(ii) is found guilty of murdering more than
one victim, or
(iii) is found guilty of murdering a peace
officer, fireman, or emergency management worker
when the peace officer, fireman, or emergency
management worker was killed in the course of
performing his official duties, or to prevent the
peace officer or fireman from performing his
official duties, or in retaliation for the peace
officer, fireman, or emergency management worker
from performing his official duties, and the
defendant knew or should have known that the
murdered individual was a peace officer, fireman,
or emergency management worker, or

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(iv) is found guilty of murdering an employee
of an institution or facility of the Department of
Corrections, or any similar local correctional
agency, when the employee was killed in the course
of performing his official duties, or to prevent
the employee from performing his official duties,
or in retaliation for the employee performing his
official duties, or
(v) is found guilty of murdering an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver or other
medical assistance or first aid person while
employed by a municipality or other governmental
unit when the person was killed in the course of
performing official duties or to prevent the
person from performing official duties or in
retaliation for performing official duties and the
defendant knew or should have known that the
murdered individual was an emergency medical
technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other
medical assistant or first aid personnel, or
(vi) (blank), or
(vii) is found guilty of first degree murder

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and the murder was committed by reason of any
person's activity as a community policing
volunteer or to prevent any person from engaging
in activity as a community policing volunteer. For
the purpose of this Section, "community policing
volunteer" has the meaning ascribed to it in
Section 2-3.5 of the Criminal Code of 2012.
For purposes of clause (v), "emergency medical
technician - ambulance", "emergency medical technician -
intermediate", "emergency medical technician -
paramedic", have the meanings ascribed to them in the
Emergency Medical Services (EMS) Systems Act.
(d)(i) if the person committed the offense while
armed with a firearm, 15 years shall be added to
the term of imprisonment imposed by the court;
(ii) if, during the commission of the offense, the
person personally discharged a firearm, 20 years shall
be added to the term of imprisonment imposed by the
court;
(iii) if, during the commission of the offense,
the person personally discharged a firearm that
proximately caused great bodily harm, permanent
disability, permanent disfigurement, or death to
another person, 25 years or up to a term of natural
life shall be added to the term of imprisonment
imposed by the court.

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

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aggravated criminal sexual assault, and criminal sexual
assault if committed on or after December 13, 2005 (the
effective date of Public Act 94-715) and except for the
offense of aggravated child pornography under Section
11-20.1B, 11-20.3, or 11-20.1 with sentencing under
subsection (c-5) of Section 11-20.1 of the Criminal Code
of 1961 or the Criminal Code of 2012, if committed on or
after January 1, 2009, and except for the offense of
obscene depiction of a purported child with sentencing
under subsection (d) of Section 11-20.4 of the Criminal
Code of 2012, 18 months;
(2) except as provided in paragraph (7) of this
subsection (d), for a Class 1 felony or a Class 2 felony
except for the offense of criminal sexual assault if
committed on or after December 13, 2005 (the effective
date of Public Act 94-715) and except for the offenses of
manufacture and dissemination of child pornography under
clauses (a)(1) and (a)(2) of Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012, if
committed on or after January 1, 2009, and except for the
offense of obscene depiction of a purported child under
paragraph (2) or (3) of subsection (b) of Section 11-20.4
of the Criminal Code of 2012, 12 months;
(3) except as provided in paragraph (4), (6), or (7)
of this subsection (d), for a Class 3 felony or a Class 4
felony, 6 months; no later than 45 days after the onset of

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the term of mandatory supervised release, the Prisoner
Review Board shall conduct a discretionary discharge
review pursuant to the provisions of Section 3-3-8, which
shall include the results of a standardized risk and needs
assessment tool administered by the Department of
Corrections; the changes to this paragraph (3) made by
this amendatory Act of the 102nd General Assembly apply to
all individuals released on mandatory supervised release
on or after the effective date of this amendatory Act of
the 102nd General Assembly, including those individuals
whose sentences were imposed prior to the effective date
of this amendatory Act of the 102nd General Assembly;
(4) for defendants who commit the offense of predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, or criminal sexual assault, on or after
December 13, 2005 (the effective date of Public Act
94-715), or who commit the offense of aggravated child
pornography under Section 11-20.1B, 11-20.3, or 11-20.1
with sentencing under subsection (c-5) of Section 11-20.1
of the Criminal Code of 1961 or the Criminal Code of 2012,
manufacture of child pornography, or dissemination of
child pornography after January 1, 2009, or who commit the
offense of obscene depiction of a purported child under
paragraph (2) or (3) of subsection (b) of Section 11-20.4
of the Criminal Code of 2012 or who commit the offense of
obscene depiction of a purported child with sentencing

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under subsection (d) of Section 11-20.4 of the Criminal
Code of 2012, the term of mandatory supervised release
shall range from a minimum of 3 years to a maximum of the
natural life of the defendant;
(5) if the victim is under 18 years of age, for a
second or subsequent offense of aggravated criminal sexual
abuse or felony criminal sexual abuse, 4 years, at least
the first 2 years of which the defendant shall serve in an
electronic monitoring or home detention program under
Article 8A of Chapter V of this Code;
(6) for a felony domestic battery, aggravated domestic
battery, stalking, aggravated stalking, and a felony
violation of an order of protection, 4 years;
(7) for any felony described in paragraph (a)(2)(ii),
(a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
(a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
3-6-3 of the Unified Code of Corrections requiring an
inmate to serve a minimum of 85% of their court-imposed
sentence, except for the offenses of predatory criminal
sexual assault of a child, aggravated criminal sexual
assault, and criminal sexual assault if committed on or
after December 13, 2005 (the effective date of Public Act
94-715) and except for the offense of aggravated child
pornography under Section 11-20.1B, 11-20.3, or 11-20.1
with sentencing under subsection (c-5) of Section 11-20.1
of the Criminal Code of 1961 or the Criminal Code of 2012,

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if committed on or after January 1, 2009, and except for
the offense of obscene depiction of a purported child with
sentencing under subsection (d) of Section 11-20.4 of the
Criminal Code of 2012, and except as provided in paragraph
(4) or paragraph (6) of this subsection (d), the term of
mandatory supervised release shall be as follows:
(A) Class X felony, 3 years;
(B) Class 1 or Class 2 felonies, 2 years;
(C) Class 3 or Class 4 felonies, 1 year.
(e) (Blank).
(f) (Blank).
(g) Notwithstanding any other provisions of this Act and
of Public Act 101-652: (i) the provisions of paragraph (3) of
subsection (d) are effective on July 1, 2022 and shall apply to
all individuals convicted on or after the effective date of
paragraph (3) of subsection (d); and (ii) the provisions of
paragraphs (1.5) and (2) of subsection (d) are effective on
July 1, 2021 and shall apply to all individuals convicted on or
after the effective date of paragraphs (1.5) and (2) of
subsection (d).
(Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21;
102-694, eff. 1-7-22; 102-1104, eff. 12-6-22; 103-51, eff.
1-1-24.)
(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
Sec. 5-8-4. Concurrent and consecutive terms of

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imprisonment.
(a) Concurrent terms; multiple or additional sentences.
When an Illinois court (i) imposes multiple sentences of
imprisonment on a defendant at the same time or (ii) imposes a
sentence of imprisonment on a defendant who is already subject
to a sentence of imprisonment imposed by an Illinois court, a
court of another state, or a federal court, then the sentences
shall run concurrently unless otherwise determined by the
Illinois court under this Section.
(b) Concurrent terms; misdemeanor and felony. A defendant
serving a sentence for a misdemeanor who is convicted of a
felony and sentenced to imprisonment shall be transferred to
the Department of Corrections, and the misdemeanor sentence
shall be merged in and run concurrently with the felony
sentence.
(c) Consecutive terms; permissive. The court may impose
consecutive sentences in any of the following circumstances:
(1) If, having regard to the nature and circumstances
of the offense and the history and character of the
defendant, it is the opinion of the court that consecutive
sentences are required to protect the public from further
criminal conduct by the defendant, the basis for which the
court shall set forth in the record.
(2) If one of the offenses for which a defendant was
convicted was a violation of Section 32-5.2 (aggravated
false personation of a peace officer) of the Criminal Code

SB2940 - 95 - LRB103 37446 RLC 67568 b
of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
(b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
offense was committed in attempting or committing a
forcible felony.
(3) If a person charged with a felony commits a
separate felony while on pretrial release or in pretrial
detention in a county jail facility or county detention
facility, then the sentences imposed upon conviction of
these felonies may be served consecutively regardless of
the order in which the judgments of conviction are
entered.
(4) If a person commits a battery against a county
correctional officer or sheriff's employee while serving a
sentence or in pretrial detention in a county jail
facility, then the sentence imposed upon conviction of the
battery may be served consecutively with the sentence
imposed upon conviction of the earlier misdemeanor or
felony, regardless of the order in which the judgments of
conviction are entered.
(5) If a person admitted to pretrial release following
conviction of a felony commits a separate felony while
released pretrial or if a person detained in a county jail
facility or county detention facility following conviction
of a felony commits a separate felony while in detention,
then any sentence following conviction of the separate

SB2940 - 96 - LRB103 37446 RLC 67568 b
felony may be consecutive to that of the original sentence
for which the defendant was released pretrial or detained.
(6) If a person is found to be in possession of an item
of contraband, as defined in Section 31A-0.1 of the
Criminal Code of 2012, while serving a sentence in a
county jail or while in pretrial detention in a county
jail, the sentence imposed upon conviction for the offense
of possessing contraband in a penal institution may be
served consecutively to the sentence imposed for the
offense for which the person is serving a sentence in the
county jail or while in pretrial detention, regardless of
the order in which the judgments of conviction are
entered.
(7) If a person is sentenced for a violation of a
condition of pretrial release under Section 32-10 of the
Criminal Code of 1961 or the Criminal Code of 2012, any
sentence imposed for that violation may be served
consecutive to the sentence imposed for the charge for
which pretrial release had been granted and with respect
to which the defendant has been convicted.
(d) Consecutive terms; mandatory. The court shall impose
consecutive sentences in each of the following circumstances:
(1) One of the offenses for which the defendant was
convicted was first degree murder or a Class X or Class 1
felony and the defendant inflicted severe bodily injury.
(2) The defendant was convicted of a violation of

SB2940 - 97 - LRB103 37446 RLC 67568 b
Section 11-1.20 or 12-13 (criminal sexual assault),
11-1.30 or 12-14 (aggravated criminal sexual assault), or
11-1.40 or 12-14.1 (predatory criminal sexual assault of a
child) of the Criminal Code of 1961 or the Criminal Code of
2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
5/12-14.1).
(2.5) The defendant was convicted of a violation of
paragraph (1), (2), (3), (4), (5), or (7) of subsection
(a) of Section 11-20.1 (child pornography) or of paragraph
(1), (2), (3), (4), (5), or (7) of subsection (a) of
Section 11-20.1B or 11-20.3 (aggravated child pornography)
of the Criminal Code of 1961 or the Criminal Code of 2012;
or the defendant was convicted of a violation of paragraph
(6) of subsection (a) of Section 11-20.1 (child
pornography) or of paragraph (6) of subsection (a) of
Section 11-20.1B or 11-20.3 (aggravated child pornography)
of the Criminal Code of 1961 or the Criminal Code of 2012,
when the child depicted is under the age of 13.
(2.6) The defendant was convicted of:
(A) a violation of paragraph (2) or (3) of
subsection (b) of Section 11-20.4 of the Criminal Code
of 2012; or
(B) a violation of paragraph (1) of Section
11-20.4 of the Criminal Code of 2012 when the
purported child depicted is under the age of 13.

SB2940 - 98 - LRB103 37446 RLC 67568 b
(3) The defendant was convicted of armed violence
based upon the predicate offense of any of the following:
solicitation of murder, solicitation of murder for hire,
heinous battery as described in Section 12-4.1 or
subdivision (a)(2) of Section 12-3.05, aggravated battery
of a senior citizen as described in Section 12-4.6 or
subdivision (a)(4) of Section 12-3.05, criminal sexual
assault, a violation of subsection (g) of Section 5 of the
Cannabis Control Act (720 ILCS 550/5), cannabis
trafficking, a violation of subsection (a) of Section 401
of the Illinois Controlled Substances Act (720 ILCS
570/401), controlled substance trafficking involving a
Class X felony amount of controlled substance under
Section 401 of the Illinois Controlled Substances Act (720
ILCS 570/401), a violation of the Methamphetamine Control
and Community Protection Act (720 ILCS 646/), calculated
criminal drug conspiracy, or streetgang criminal drug
conspiracy.
(4) The defendant was convicted of the offense of
leaving the scene of a motor vehicle crash involving death
or personal injuries under Section 11-401 of the Illinois
Vehicle Code (625 ILCS 5/11-401) and either: (A)
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof under Section 11-501 of the
Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless

SB2940 - 99 - LRB103 37446 RLC 67568 b
homicide under Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
offense described in item (A) and an offense described in
item (B).
(5) The defendant was convicted of a violation of
Section 9-3.1 or Section 9-3.4 (concealment of homicidal
death) or Section 12-20.5 (dismembering a human body) of
the Criminal Code of 1961 or the Criminal Code of 2012 (720
ILCS 5/9-3.1 or 5/12-20.5).
(5.5) The defendant was convicted of a violation of
Section 24-3.7 (use of a stolen firearm in the commission
of an offense) of the Criminal Code of 1961 or the Criminal
Code of 2012.
(6) If the defendant was in the custody of the
Department of Corrections at the time of the commission of
the offense, the sentence shall be served consecutive to
the sentence under which the defendant is held by the
Department of Corrections.
(7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
for escape or attempted escape shall be served consecutive
to the terms under which the offender is held by the
Department of Corrections.
(8) (Blank).
(8.5) (Blank).
(9) (Blank).
(10) (Blank).

SB2940 - 100 - LRB103 37446 RLC 67568 b
(11) (Blank).
(e) Consecutive terms; subsequent non-Illinois term. If an
Illinois court has imposed a sentence of imprisonment on a
defendant and the defendant is subsequently sentenced to a
term of imprisonment by a court of another state or a federal
court, then the Illinois sentence shall run consecutively to
the sentence imposed by the court of the other state or the
federal court. That same Illinois court, however, may order
that the Illinois sentence run concurrently with the sentence
imposed by the court of the other state or the federal court,
but only if the defendant applies to that same Illinois court
within 30 days after the sentence imposed by the court of the
other state or the federal court is finalized.
(f) Consecutive terms; aggregate maximums and minimums.
The aggregate maximum and aggregate minimum of consecutive
sentences shall be determined as follows:
(1) For sentences imposed under law in effect prior to
February 1, 1978, the aggregate maximum of consecutive
sentences shall not exceed the maximum term authorized
under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
Chapter V for the 2 most serious felonies involved. The
aggregate minimum period of consecutive sentences shall
not exceed the highest minimum term authorized under
Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
V for the 2 most serious felonies involved. When sentenced
only for misdemeanors, a defendant shall not be

SB2940 - 101 - LRB103 37446 RLC 67568 b
consecutively sentenced to more than the maximum for one
Class A misdemeanor.
(2) For sentences imposed under the law in effect on
or after February 1, 1978, the aggregate of consecutive
sentences for offenses that were committed as part of a
single course of conduct during which there was no
substantial change in the nature of the criminal objective
shall not exceed the sum of the maximum terms authorized
under Article 4.5 of Chapter V for the 2 most serious
felonies involved, but no such limitation shall apply for
offenses that were not committed as part of a single
course of conduct during which there was no substantial
change in the nature of the criminal objective. When
sentenced only for misdemeanors, a defendant shall not be
consecutively sentenced to more than the maximum for one
Class A misdemeanor.
(g) Consecutive terms; manner served. In determining the
manner in which consecutive sentences of imprisonment, one or
more of which is for a felony, will be served, the Department
of Corrections shall treat the defendant as though he or she
had been committed for a single term subject to each of the
following:
(1) The maximum period of a term of imprisonment shall
consist of the aggregate of the maximums of the imposed
indeterminate terms, if any, plus the aggregate of the
imposed determinate sentences for felonies, plus the

SB2940 - 102 - LRB103 37446 RLC 67568 b
aggregate of the imposed determinate sentences for
misdemeanors, subject to subsection (f) of this Section.
(2) The parole or mandatory supervised release term
shall be as provided in paragraph (e) of Section 5-4.5-50
(730 ILCS 5/5-4.5-50) for the most serious of the offenses
involved.
(3) The minimum period of imprisonment shall be the
aggregate of the minimum and determinate periods of
imprisonment imposed by the court, subject to subsection
(f) of this Section.
(4) The defendant shall be awarded credit against the
aggregate maximum term and the aggregate minimum term of
imprisonment for all time served in an institution since
the commission of the offense or offenses and as a
consequence thereof at the rate specified in Section 3-6-3
(730 ILCS 5/3-6-3).
(h) Notwithstanding any other provisions of this Section,
all sentences imposed by an Illinois court under this Code
shall run concurrent to any and all sentences imposed under
the Juvenile Court Act of 1987.
(Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23;
102-1104, eff. 12-6-22.)
Section 30. The Sex Offender Registration Act is amended
by changing Sections 2 and 3 as follows:

SB2940 - 103 - LRB103 37446 RLC 67568 b
(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
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

SB2940 - 104 - LRB103 37446 RLC 67568 b
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
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

SB2940 - 105 - LRB103 37446 RLC 67568 b
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:
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),

SB2940 - 106 - LRB103 37446 RLC 67568 b
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),
11-20.4 (obscene depiction of a purported child),
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),
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

SB2940 - 107 - LRB103 37446 RLC 67568 b
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
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

SB2940 - 108 - LRB103 37446 RLC 67568 b
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
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

SB2940 - 109 - LRB103 37446 RLC 67568 b
under 18 years of age),
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
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

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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
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,

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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
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

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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
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,

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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
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

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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
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

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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.
(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

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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.
(Source: P.A. 100-428, eff. 1-1-18.)
(730 ILCS 150/3)
Sec. 3. Duty to register.
(a) A sex offender, as defined in Section 2 of this Act, or
sexual predator shall, within the time period prescribed in
subsections (b) and (c), register in person and provide
accurate information as required by the Illinois State Police.

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Such information shall include a current photograph, current
address, current place of employment, the sex offender's or
sexual predator's telephone number, including cellular
telephone number, the employer's telephone number, school
attended, all e-mail addresses, instant messaging identities,
chat room identities, and other Internet communications
identities that the sex offender uses or plans to use, all
Uniform Resource Locators (URLs) registered or used by the sex
offender, all blogs and other Internet sites maintained by the
sex offender or to which the sex offender has uploaded any
content or posted any messages or information, extensions of
the time period for registering as provided in this Article
and, if an extension was granted, the reason why the extension
was granted and the date the sex offender was notified of the
extension. The information shall also include a copy of the
terms and conditions of parole or release signed by the sex
offender and given to the sex offender by his or her
supervising officer or aftercare specialist, the county of
conviction, license plate numbers for every vehicle registered
in the name of the sex offender, the age of the sex offender at
the time of the commission of the offense, the age of the
victim at the time of the commission of the offense, and any
distinguishing marks located on the body of the sex offender.
A sex offender convicted under Section 11-6, 11-20.1,
11-20.1B, 11-20.3, 11-20.4, or 11-21 of the Criminal Code of
1961 or the Criminal Code of 2012 shall provide all Internet

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protocol (IP) addresses in his or her residence, registered in
his or her name, accessible at his or her place of employment,
or otherwise under his or her control or custody. If the sex
offender is a child sex offender as defined in Section 11-9.3
or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of
2012, the sex offender shall report to the registering agency
whether he or she is living in a household with a child under
18 years of age who is not his or her own child, provided that
his or her own child is not the victim of the sex offense. The
sex offender or sexual predator shall register:
(1) with the chief of police in the municipality in
which he or she resides or is temporarily domiciled for a
period of time of 3 or more days, unless the municipality
is the City of Chicago, in which case he or she shall
register at a fixed location designated by the
Superintendent of the Chicago Police Department; or
(2) with the sheriff in the county in which he or she
resides or is temporarily domiciled for a period of time
of 3 or more days in an unincorporated area or, if
incorporated, no police chief exists.
If the sex offender or sexual predator is employed at or
attends an institution of higher education, he or she shall
also register:
(i) with:
(A) the chief of police in the municipality in
which he or she is employed at or attends an

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institution of higher education, unless the
municipality is the City of Chicago, in which case he
or she shall register at a fixed location designated
by the Superintendent of the Chicago Police
Department; or
(B) the sheriff in the county in which he or she is
employed or attends an institution of higher education
located in an unincorporated area, or if incorporated,
no police chief exists; and
(ii) with the public safety or security director of
the institution of higher education which he or she is
employed at or attends.
The registration fees shall only apply to the municipality
or county of primary registration, and not to campus
registration.
For purposes of this Article, the place of residence or
temporary domicile is defined as any and all places where the
sex offender resides for an aggregate period of time of 3 or
more days during any calendar year. Any person required to
register under this Article who lacks a fixed address or
temporary domicile must notify, in person, the agency of
jurisdiction of his or her last known address within 3 days
after ceasing to have a fixed residence.
A sex offender or sexual predator who is temporarily
absent from his or her current address of registration for 3 or
more days shall notify the law enforcement agency having

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jurisdiction of his or her current registration, including the
itinerary for travel, in the manner provided in Section 6 of
this Act for notification to the law enforcement agency having
jurisdiction of change of address.
Any person who lacks a fixed residence must report weekly,
in person, with the sheriff's office of the county in which he
or she is located in an unincorporated area, or with the chief
of police in the municipality in which he or she is located.
The agency of jurisdiction will document each weekly
registration to include all the locations where the person has
stayed during the past 7 days.
The sex offender or sexual predator shall provide accurate
information as required by the Illinois State Police. That
information shall include the sex offender's or sexual
predator's current place of employment.
(a-5) An out-of-state student or out-of-state employee
shall, within 3 days after beginning school or employment in
this State, register in person and provide accurate
information as required by the Illinois State Police. Such
information will include current place of employment, school
attended, and address in state of residence. A sex offender
convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3,
11-20.4, or 11-21 of the Criminal Code of 1961 or the Criminal
Code of 2012 shall provide all Internet protocol (IP)
addresses in his or her residence, registered in his or her
name, accessible at his or her place of employment, or

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otherwise under his or her control or custody. The
out-of-state student or out-of-state employee shall register:
(1) with:
(A) the chief of police in the municipality in
which he or she attends school or is employed for a
period of time of 5 or more days or for an aggregate
period of time of more than 30 days during any calendar
year, unless the municipality is the City of Chicago,
in which case he or she shall register at a fixed
location designated by the Superintendent of the
Chicago Police Department; or
(B) the sheriff in the county in which he or she
attends school or is employed for a period of time of 5
or more days or for an aggregate period of time of more
than 30 days during any calendar year in an
unincorporated area or, if incorporated, no police
chief exists; and
(2) with the public safety or security director of the
institution of higher education he or she is employed at
or attends for a period of time of 5 or more days or for an
aggregate period of time of more than 30 days during a
calendar year.
The registration fees shall only apply to the municipality
or county of primary registration, and not to campus
registration.
The out-of-state student or out-of-state employee shall

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provide accurate information as required by the Illinois State
Police. That information shall include the out-of-state
student's current place of school attendance or the
out-of-state employee's current place of employment.
(a-10) Any law enforcement agency registering sex
offenders or sexual predators in accordance with subsections
(a) or (a-5) of this Section shall forward to the Attorney
General a copy of sex offender registration forms from persons
convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3,
11-20.4, or 11-21 of the Criminal Code of 1961 or the Criminal
Code of 2012, including periodic and annual registrations
under Section 6 of this Act.
(b) Any sex offender, as defined in Section 2 of this Act,
or sexual predator, regardless of any initial, prior, or other
registration, shall, within 3 days of beginning school, or
establishing a residence, place of employment, or temporary
domicile in any county, register in person as set forth in
subsection (a) or (a-5).
(c) The registration for any person required to register
under this Article shall be as follows:
(1) Any person registered under the Habitual Child Sex
Offender Registration Act or the Child Sex Offender
Registration Act prior to January 1, 1996, shall be deemed
initially registered as of January 1, 1996; however, this
shall not be construed to extend the duration of
registration set forth in Section 7.

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(2) Except as provided in subsection (c)(2.1) or
(c)(4), any person convicted or adjudicated prior to
January 1, 1996, whose liability for registration under
Section 7 has not expired, shall register in person prior
to January 31, 1996.
(2.1) A sex offender or sexual predator, who has never
previously been required to register under this Act, has a
duty to register if the person has been convicted of any
felony offense after July 1, 2011. A person who previously
was required to register under this Act for a period of 10
years and successfully completed that registration period
has a duty to register if: (i) the person has been
convicted of any felony offense after July 1, 2011, and
(ii) the offense for which the 10 year registration was
served currently requires a registration period of more
than 10 years. Notification of an offender's duty to
register under this subsection shall be pursuant to
Section 5-7 of this Act.
(2.5) Except as provided in subsection (c)(4), any
person who has not been notified of his or her
responsibility to register shall be notified by a criminal
justice entity of his or her responsibility to register.
Upon notification the person must then register within 3
days of notification of his or her requirement to
register. Except as provided in subsection (c)(2.1), if
notification is not made within the offender's 10 year

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registration requirement, and the Illinois State Police
determines no evidence exists or indicates the offender
attempted to avoid registration, the offender will no
longer be required to register under this Act.
(3) Except as provided in subsection (c)(4), any
person convicted on or after January 1, 1996, shall
register in person within 3 days after the entry of the
sentencing order based upon his or her conviction.
(4) Any person unable to comply with the registration
requirements of this Article because he or she is
confined, institutionalized, or imprisoned in Illinois on
or after January 1, 1996, shall register in person within
3 days of discharge, parole or release.
(5) The person shall provide positive identification
and documentation that substantiates proof of residence at
the registering address.
(6) The person shall pay a $100 initial registration
fee and a $100 annual renewal fee to the registering law
enforcement agency having jurisdiction. The registering
agency may waive the registration fee if it determines
that the person is indigent and unable to pay the
registration fee. Thirty-five dollars for the initial
registration fee and $35 of the annual renewal fee shall
be retained and used by the registering agency for
official purposes. Having retained $35 of the initial
registration fee and $35 of the annual renewal fee, the

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registering agency shall remit the remainder of the fee to
State agencies within 30 days of receipt for deposit into
the State funds as follows:
(A) Five dollars of the initial registration fee
and $5 of the annual fee shall be remitted to the State
Treasurer who shall deposit the moneys into the Sex
Offender Management Board Fund under Section 19 of the
Sex Offender Management Board Act. Money deposited
into the Sex Offender Management Board Fund shall be
administered by the Sex Offender Management Board and
shall be used by the Board to comply with the
provisions of the Sex Offender Management Board Act.
(B) Thirty dollars of the initial registration fee
and $30 of the annual renewal fee shall be remitted to
the Illinois State Police which shall deposit the
moneys into the Offender Registration Fund.
(C) Thirty dollars of the initial registration fee
and $30 of the annual renewal fee shall be remitted to
the Attorney General who shall deposit the moneys into
the Attorney General Sex Offender Awareness, Training,
and Education Fund. Moneys deposited into the Fund
shall be used by the Attorney General to administer
the I-SORT program and to alert and educate the
public, victims, and witnesses of their rights under
various victim notification laws and for training law
enforcement agencies, State's Attorneys, and medical

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providers of their legal duties concerning the
prosecution and investigation of sex offenses.
The registering agency shall establish procedures to
document the receipt and remittance of the $100 initial
registration fee and $100 annual renewal fee.
(d) Within 3 days after obtaining or changing employment
and, if employed on January 1, 2000, within 5 days after that
date, a person required to register under this Section must
report, in person to the law enforcement agency having
jurisdiction, the business name and address where he or she is
employed. If the person has multiple businesses or work
locations, every business and work location must be reported
to the law enforcement agency having jurisdiction.
(Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
SB2940 - 127 - LRB103 37446 RLC 67568 b
INDEX
Statutes amended in order of appearance