Bill Text: IL HB0193 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Criminal and Traffic Assessment Act and the Criminal Code of 2012. Creates the offense of parental cyber-bullying. Provides that a person commits the offense when he or she: (1) is a parent or legal guardian of a minor who is under 18 years of age at the time of the commission of the offense; and (2) with the intent to discipline, embarrass, or alter the behavior of that minor, transmits, using electronic communication, any verbal or visual message posted on social media that the parent or legal guardian reasonably believes would coerce, intimidate, harass, or cause substantial emotional distress to the minor. Provides that a violation is a petty offense. Provides that if a person is convicted of parental cyber-bullying, the court shall order that person to pay for the costs of prosecution and that a portion of the fine, as determined by the court, be placed in escrow for the purchase of a certificate of deposit for use by the minor victim when he or she attains 18 years of age.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2019-04-03 - Tabled [HB0193 Detail]

Download: Illinois-2019-HB0193-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB0193 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
705 ILCS 135/15-70
720 ILCS 5/12C-75 new
Amends the Criminal and Traffic Assessment Act and the Criminal Code of 2012. Creates the offense of parental cyber-bullying. Provides that a person commits the offense when he or she: (1) is a parent or legal guardian of a minor who is under 18 years of age at the time of the commission of the offense; and (2) with the intent to discipline, embarrass, or alter the behavior of that minor, transmits, using electronic communication, any verbal or visual message posted on social media that the parent or legal guardian reasonably believes would coerce, intimidate, harass, or cause substantial emotional distress to the minor. Provides that a violation is a petty offense. Provides that if a person is convicted of parental cyber-bullying, the court shall order that person to pay for the costs of prosecution and that a portion of the fine, as determined by the court, be placed in escrow for the purchase of a certificate of deposit for use by the minor victim when he or she attains 18 years of age.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal and Traffic Assessment Act is
amended by changing Section 15-70 as follows:
(705 ILCS 135/15-70)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on January 1, 2021)
Sec. 15-70. Conditional assessments. In addition to
payments under one of the Schedule of Assessments 1 through 13
of this Act, the court shall also order payment of any of the
following conditional assessment amounts for each sentenced
violation in the case to which a conditional assessment is
applicable, which shall be collected and remitted by the Clerk
of the Circuit Court as provided in this Section:
(1) arson, residential arson, or aggravated arson,
$500 per conviction to the State Treasurer for deposit into
the Fire Prevention Fund;
(2) child pornography under Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012, $500
per conviction, unless more than one agency is responsible
for the arrest in which case the amount shall be remitted

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to each unit of government equally:
(A) if the arresting agency is an agency of a unit
of local government $500 to the treasurer of the unit
of local government for deposit into the unit of local
government's General Fund, except that if the
Department of State Police provides digital or
electronic forensic examination assistance, or both,
to the arresting agency then $100 to the State
Treasurer for deposit into the State Crime Laboratory
Fund; or
(B) if the arresting agency is the Department of
State Police remitted to the State Treasurer for
deposit into the State Crime Laboratory Fund;
(3) crime laboratory drug analysis for a drug-related
offense involving possession or delivery of cannabis or
possession or delivery of a controlled substance as defined
in the Cannabis Control Act, the Illinois Controlled
Substances Act, or the Methamphetamine Control and
Community Protection Act, $100 reimbursement for
laboratory analysis, as set forth in subsection (f) of
Section 5-9-1.4 of the Unified Code of Corrections;
(4) DNA analysis, $250 on each conviction in which it
was used to the State Treasurer for deposit into the State
Offender DNA Identification System Fund as set forth in
Section 5-4-3 of the Unified Code of Corrections;
(5) DUI analysis, $150 on each sentenced violation in

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which it was used as set forth in subsection (f) of Section
5-9-1.9 of the Unified Code of Corrections;
(6) drug-related offense involving possession or
delivery of cannabis or possession or delivery of a
controlled substance, other than methamphetamine, as
defined in the Cannabis Control Act or the Illinois
Controlled Substances Act, an amount not less than the full
street value of the cannabis or controlled substance seized
for each conviction to be disbursed as follows:
(A) 12.5% of the street value assessment shall be
paid into the Youth Drug Abuse Prevention Fund, to be
used by the Department of Human Services for the
funding of programs and services for drug-abuse
treatment, and prevention and education services;
(B) 37.5% to the county in which the charge was
prosecuted, to be deposited into the county General
Fund;
(C) 50% to the treasurer of the arresting law
enforcement agency of the municipality or county, or to
the State Treasurer if the arresting agency was a state
agency;
(D) if the arrest was made in combination with
multiple law enforcement agencies, the clerk shall
equitably allocate the portion in subparagraph (C) of
this paragraph (6) among the law enforcement agencies
involved in the arrest;

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(6.5) Kane County or Will County, in felony,
misdemeanor, local or county ordinance, traffic, or
conservation cases, up to $30 as set by the county board
under Section 5-1101.3 of the Counties Code upon the entry
of a judgment of conviction, an order of supervision, or a
sentence of probation without entry of judgment under
Section 10 of the Cannabis Control Act, Section 410 of the
Illinois Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
the Criminal Code of 1961 or the Criminal Code of 2012,
Section 10-102 of the Illinois Alcoholism and Other Drug
Dependency Act, or Section 10 of the Steroid Control Act;
except in local or county ordinance, traffic, and
conservation cases, if fines are paid in full without a
court appearance, then the assessment shall not be imposed
or collected. Distribution of assessments collected under
this paragraph (6.5) shall be as provided in Section
5-1101.3 of the Counties Code;
(7) methamphetamine-related offense involving
possession or delivery of methamphetamine or any salt of an
optical isomer of methamphetamine or possession of a
methamphetamine manufacturing material as set forth in
Section 10 of the Methamphetamine Control and Community
Protection Act with the intent to manufacture a substance
containing methamphetamine or salt of an optical isomer of

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methamphetamine, an amount not less than the full street
value of the methamphetamine or salt of an optical isomer
of methamphetamine or methamphetamine manufacturing
materials seized for each conviction to be disbursed as
follows:
(A) 12.5% of the street value assessment shall be
paid into the Youth Drug Abuse Prevention Fund, to be
used by the Department of Human Services for the
funding of programs and services for drug-abuse
treatment, and prevention and education services;
(B) 37.5% to the county in which the charge was
prosecuted, to be deposited into the county General
Fund;
(C) 50% to the treasurer of the arresting law
enforcement agency of the municipality or county, or to
the State Treasurer if the arresting agency was a state
agency;
(D) if the arrest was made in combination with
multiple law enforcement agencies, the clerk shall
equitably allocate the portion in subparagraph (C) of
this paragraph (6) among the law enforcement agencies
involved in the arrest;
(8) order of protection violation under Section 12-3.4
of the Criminal Code of 2012, $200 for each conviction to
the county treasurer for deposit into the Probation and
Court Services Fund for implementation of a domestic

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violence surveillance program and any other assessments or
fees imposed under Section 5-9-1.16 of the Unified Code of
Corrections;
(9) order of protection violation, $25 for each
violation to the State Treasurer, for deposit into the
Domestic Violence Abuser Services Fund;
(10) prosecution by the State's Attorney of a:
(A) petty or business offense, $4 to the county
treasurer of which $2 deposited into the State's
Attorney Records Automation Fund and $2 into the Public
Defender Records Automation Fund;
(B) conservation or traffic offense, $2 to the
county treasurer for deposit into the State's Attorney
Records Automation Fund;
(11) speeding in a construction zone violation, $250 to
the State Treasurer for deposit into the Transportation
Safety Highway Hire-back Fund, unless (i) the violation
occurred on a highway other than an interstate highway and
(ii) a county police officer wrote the ticket for the
violation, in which case to the county treasurer for
deposit into that county's Transportation Safety Highway
Hire-back Fund;
(12) supervision disposition on an offense under the
Illinois Vehicle Code or similar provision of a local
ordinance, 50 cents, unless waived by the court, into the
Prisoner Review Board Vehicle and Equipment Fund;

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(13) victim and offender are family or household
members as defined in Section 103 of the Illinois Domestic
Violence Act of 1986 and offender pleads guilty or no
contest to or is convicted of murder, voluntary
manslaughter, involuntary manslaughter, burglary,
residential burglary, criminal trespass to residence,
criminal trespass to vehicle, criminal trespass to land,
criminal damage to property, telephone harassment,
kidnapping, aggravated kidnaping, unlawful restraint,
forcible detention, child abduction, indecent solicitation
of a child, sexual relations between siblings,
exploitation of a child, child pornography, assault,
aggravated assault, battery, aggravated battery, heinous
battery, aggravated battery of a child, domestic battery,
reckless conduct, intimidation, criminal sexual assault,
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual abuse, aggravated
criminal sexual abuse, violation of an order of protection,
disorderly conduct, endangering the life or health of a
child, child abandonment, contributing to dependency or
neglect of child, or cruelty to children and others, $200
for each sentenced violation to the State Treasurer for
deposit as follows: (i) for sexual assault, as defined in
Section 5-9-1.7 of the Unified Code of Corrections, when
the offender and victim are family members, one-half to the
Domestic Violence Shelter and Service Fund, and one-half to

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the Sexual Assault Services Fund; (ii) for the remaining
offenses to the Domestic Violence Shelter and Service Fund;
(14) violation of Section 11-501 of the Illinois
Vehicle Code, Section 5-7 of the Snowmobile Registration
and Safety Act, Section 5-16 of the Boat Registration and
Safety Act, or a similar provision, whose operation of a
motor vehicle, snowmobile, or watercraft while in
violation of Section 11-501, Section 5-7 of the Snowmobile
Registration and Safety Act, Section 5-16 of the Boat
Registration and Safety Act, or a similar provision
proximately caused an incident resulting in an appropriate
emergency response, $1,000 maximum to the public agency
that provided an emergency response related to the person's
violation, and if more than one agency responded, the
amount payable to public agencies shall be shared equally;
(15) violation of Section 401, 407, or 407.2 of the
Illinois Controlled Substances Act that proximately caused
any incident resulting in an appropriate drug-related
emergency response, $1,000 as reimbursement for the
emergency response to the law enforcement agency that made
the arrest, and if more than one agency is responsible for
the arrest, the amount payable to law enforcement agencies
shall be shared equally;
(16) violation of reckless driving, aggravated
reckless driving, or driving 26 miles per hour or more in
excess of the speed limit that triggered an emergency

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response, $1,000 maximum reimbursement for the emergency
response to be distributed in its entirety to a public
agency that provided an emergency response related to the
person's violation, and if more than one agency responded,
the amount payable to public agencies shall be shared
equally;
(16.5) portions of fines imposed under Section 12C-75
of the Criminal Code of 2012 to pay for the costs of
prosecution and the purchase of a certificate of deposit
under that Section;
(17) violation based upon each plea of guilty,
stipulation of facts, or finding of guilt resulting in a
judgment of conviction or order of supervision for an
offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
the Criminal Code of 2012 that results in the imposition of
a fine, to be distributed as follows:
(A) $50 to the county treasurer for deposit into
the Circuit Court Clerk Operation and Administrative
Fund to cover the costs in administering this paragraph
(17);
(B) $300 to the State Treasurer who shall deposit
the portion as follows:
(i) if the arresting or investigating agency
is the Department of State Police, into the State
Police Operations Assistance Fund;
(ii) if the arresting or investigating agency

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is the Department of Natural Resources, into the
Conservation Police Operations Assistance Fund;
(iii) if the arresting or investigating agency
is the Secretary of State, into the Secretary of
State Police Services Fund;
(iv) if the arresting or investigating agency
is the Illinois Commerce Commission, into the
Public Utility Fund; or
(v) if more than one of the State agencies in
this subparagraph (B) is the arresting or
investigating agency, then equal shares with the
shares deposited as provided in the applicable
items (i) through (iv) of this subparagraph (B);
and
(C) the remainder for deposit into the Specialized
Services for Survivors of Human Trafficking Fund; and
(18) weapons violation under Section 24-1.1, 24-1.2,
or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
of 2012, $100 for each conviction to the State Treasurer
for deposit into the Trauma Center Fund.
(Source: P.A. 100-987, eff. 7-1-19.)
Section 10. The Criminal Code of 2012 is amended by adding
Section 12C-75 as follows:
(720 ILCS 5/12C-75 new)

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Sec. 12C-75. Parental cyber-bullying.
(a) In this Section:
"Electronic communication" has the meaning ascribed to
it in paragraph (2) of subsection (c) of Section 12-7.5 of
this Code.
"Emotional distress" has the meaning ascribed to it in
paragraph (3) of subsection (c) of Section 12-7.5 of this
Code.
"Harass" has the meaning ascribed to it in paragraph
(4) of subsection (c) of Section 12-7.5 of this Code.
"Social media" means websites and other online means of
communication that are used by large groups of people to
share information and to develop social and professional
contacts, including, but not limited to, Facebook,
Twitter, Pinterest, Instagram, and Myspace.
(b) A person commits parental cyber-bullying when he or
she:
(1) is a parent or legal guardian of a minor who is
under 18 years of age at the time of the commission of the
offense; and
(2) with the intent to discipline, embarrass, or alter
the behavior of that minor, transmits, using electronic
communication, any verbal or visual message posted on
social media that the parent or legal guardian reasonably
believes would coerce, intimidate, harass, or cause
substantial emotional distress to the minor.

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(c) Sentence. Parental cyber-bullying is a petty offense.
If a person is convicted of parental cyber-bullying, the court
shall order that person to pay for the costs of prosecution
under Section 124A-5 of the Code of Criminal Procedure of 1963
and that a portion of the fine, as determined by the court, be
placed in escrow for the purchase of a certificate of deposit
for use by the minor victim when he or she attains 18 years of
age.