Bill Text: IL HB3366 | 2011-2012 | 97th General Assembly | Chaptered

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Bill Title: Amends the Code of Criminal Procedure of 1963. Provides that during a trial or hearing related to a criminal prosecution, the court shall order that the residence address, business address, name of the place of business, home telephone number, or business telephone number of any victims of or witnesses to the crime shall not be disclosed in open court. Provides that during questioning by the State or defense, a victim or witness shall not be required to disclose such information unless the court determines that there is a compelling reason to order such disclosure in the interest of justice that outweighs prejudice to the victim or witness.

Spectrum: Bipartisan Bill

Status: (Passed) 2012-08-27 - Public Act . . . . . . . . . 97-1109 [HB3366 Detail]

Download: Illinois-2011-HB3366-Chaptered.html

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Public Act 097-1109
HB3366 Enrolled LRB097 10573 RLC 50927 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Article 1.
Section 1-5. The Criminal Code of 1961 is amended by
changing and renumbering Sections 12-4.9, 12-10, 12-10.1,
12-21.5, 12-21.6, 12-22, 33D-1, 44-2, and 44-3 and by adding
the heading of Article 12C, the headings of Subdivisions 1, 5,
10, and 15 of Article 12C, and Sections 12C-20, 12C-25, 12C-50,
12C-60, and 12C-70 as follows:
(720 ILCS 5/Art. 12C heading new)
ARTICLE 12C. HARMS TO CHILDREN
(720 ILCS 5/Art. 12C, Subdiv. 1 heading new)
SUBDIVISION 1. ENDANGERMENT AND NEGLECT OFFENSES
(720 ILCS 5/12C-5) (was 720 ILCS 5/12-21.6)
Sec. 12C-5 12-21.6. Endangering the life or health of a
child.
(a) A person commits endangering the life or health of a
child when he or she knowingly: (1) causes or permits It is
unlawful for any person to willfully cause or permit the life

or health of a child under the age of 18 to be endangered; or
(2) causes or permits to willfully cause or permit a child to
be placed in circumstances that endanger the child's life or
health. It is not a violation of this Section , except that it
is not unlawful for a person to relinquish a child in
accordance with the Abandoned Newborn Infant Protection Act.
(b) A trier of fact may infer There is a rebuttable
presumption that a person committed the offense if he or she
left a child 6 years of age or younger is unattended if that
child is left in a motor vehicle for more than 10 minutes.
(c) "Unattended" means either: (i) not accompanied by a
person 14 years of age or older; or (ii) if accompanied by a
person 14 years of age or older, out of sight of that person.
(d) Sentence. A violation of this Section is a Class A
misdemeanor. A second or subsequent violation of this Section
is a Class 3 felony. A violation of this Section that is a
proximate cause of the death of the child is a Class 3 felony
for which a person, if sentenced to a term of imprisonment,
shall be sentenced to a term of not less than 2 years and not
more than 10 years. A parent, who is found to be in violation
of this Section with respect to his or her child, may be
sentenced to probation for this offense pursuant to Section
12C-15.
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
92-515, eff. 6-1-02; 92-651, eff. 7-11-02.)

(720 ILCS 5/12C-10) (was 720 ILCS 5/12-21.5)
Sec. 12C-10 12-21.5. Child abandonment Abandonment.
(a) A person commits the offense of child abandonment when
he or she, as a parent, guardian, or other person having
physical custody or control of a child, without regard for the
mental or physical health, safety, or welfare of that child,
knowingly leaves that child who is under the age of 13 without
supervision by a responsible person over the age of 14 for a
period of 24 hours or more. It is not a violation of this
Section for a person to relinquish , except that a person does
not commit the offense of child abandonment when he or she
relinquishes a child in accordance with the Abandoned Newborn
Infant Protection Act.
(b) For the purposes of determining whether the child was
left without regard for the mental or physical health, safety,
or welfare of that child, the trier of fact shall consider the
following factors:
(1) the age of the child;
(2) the number of children left at the location;
(3) special needs of the child, including whether the
child is physically or mentally handicapped, or otherwise
in need of ongoing prescribed medical treatment such as
periodic doses of insulin or other medications;
(4) the duration of time in which the child was left
without supervision;
(5) the condition and location of the place where the

child was left without supervision;
(6) the time of day or night when the child was left
without supervision;
(7) the weather conditions, including whether the
child was left in a location with adequate protection from
the natural elements such as adequate heat or light;
(8) the location of the parent, guardian, or other
person having physical custody or control of the child at
the time the child was left without supervision, the
physical distance the child was from the parent, guardian,
or other person having physical custody or control of the
child at the time the child was without supervision;
(9) whether the child's movement was restricted, or the
child was otherwise locked within a room or other
structure;
(10) whether the child was given a phone number of a
person or location to call in the event of an emergency and
whether the child was capable of making an emergency call;
(11) whether there was food and other provision left
for the child;
(12) whether any of the conduct is attributable to
economic hardship or illness and the parent, guardian or
other person having physical custody or control of the
child made a good faith effort to provide for the health
and safety of the child;
(13) the age and physical and mental capabilities of

the person or persons who provided supervision for the
child;
(14) any other factor that would endanger the health or
safety of that particular child;
(15) whether the child was left under the supervision
of another person.
(d) Child abandonment is a Class 4 felony. A second or
subsequent offense after a prior conviction is a Class 3
felony. A parent, who is found to be in violation of this
Section with respect to his or her child, may be sentenced to
probation for this offense pursuant to Section 12C-15.
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
(720 ILCS 5/12C-15) (was 720 ILCS 5/12-22)
Sec. 12C-15 12-22. Child abandonment or endangerment;
probation Probation.
(a) Whenever a parent of a child as determined by the court
on the facts before it, pleads guilty to or is found guilty of,
with respect to his or her child, child abandonment under
Section 12C-10 12-21.5 of this Article the Criminal Code of
1961 or endangering the life or health of a child under Section
12C-5 12-21.6 of this Article the Criminal Code of 1961, the
court may, without entering a judgment of guilt and with the
consent of the person, defer further proceedings and place the
person upon probation upon the reasonable terms and conditions
as the court may require. At least one term of the probation

shall require the person to cooperate with the Department of
Children and Family Services at the times and in the programs
that the Department of Children and Family Services may
require.
(b) Upon fulfillment of the terms and conditions imposed
under subsection (a), the court shall discharge the person and
dismiss the proceedings. Discharge and dismissal under this
Section shall be without court adjudication of guilt and shall
not be considered a conviction for purposes of disqualification
or disabilities imposed by law upon conviction of a crime.
However, a record of the disposition shall be reported by the
clerk of the circuit court to the Department of State Police
under Section 2.1 of the Criminal Identification Act, and the
record shall be maintained and provided to any civil authority
in connection with a determination of whether the person is an
acceptable candidate for the care, custody and supervision of
children.
(c) Discharge and dismissal under this Section may occur
only once.
(d) Probation under this Section may not be for a period of
less than 2 years.
(e) If the child dies of the injuries alleged, this Section
shall be inapplicable.
(Source: P.A. 88-479.)
(720 ILCS 5/12C-20 new)

Sec. 12C-20. Abandonment of a school bus containing
children.
(a) A school bus driver commits abandonment of a school bus
containing children when he or she knowingly abandons the
school bus while it contains any children who are without other
adult supervision, except in an emergency where the driver is
seeking help or otherwise acting in the best interests of the
children.
(b) Sentence. A violation of this Section is a Class A
misdemeanor for a first offense, and a Class 4 felony for a
second or subsequent offense.
(720 ILCS 5/12C-25 new)
Sec. 12C-25. Contributing to the dependency and neglect of
a minor.
(a) Any parent, legal guardian or person having the custody
of a child under the age of 18 years commits contributing to
the dependency and neglect of a minor when he or she knowingly:
(1) causes, aids, or encourages such minor to be or to become a
dependent and neglected minor; (2) does acts which directly
tend to render any such minor so dependent and neglected; or
(3) fails to do that which will directly tend to prevent such
state of dependency and neglect. It is not a violation of this
Section for a person to relinquish a child in accordance with
the Abandoned Newborn Infant Protection Act.
(b) "Dependent and neglected minor" means any child who,

while under the age of 18 years, for any reason is destitute,
homeless or abandoned; or dependent upon the public for
support; or has not proper parental care or guardianship; or
habitually begs or receives alms; or is found living in any
house of ill fame or with any vicious or disreputable person;
or has a home which by reason of neglect, cruelty or depravity
on the part of its parents, guardian or any other person in
whose care it may be is an unfit place for such child; and any
child who while under the age of 10 years is found begging,
peddling or selling any articles or singing or playing any
musical instrument for gain upon the street or giving any
public entertainments or accompanies or is used in aid of any
person so doing.
(c) Sentence. A violation of this Section is a Class A
misdemeanor.
(d) The husband or wife of the defendant shall be a
competent witness to testify in any case under this Section and
to all matters relevant thereto.
(720 ILCS 5/12C-30) (was 720 ILCS 5/33D-1)
Sec. 12C-30 33D-1. Contributing to the delinquency or
criminal delinquency of a minor.
(a) Contributing to the delinquency of a minor. A person
commits contributing to the delinquency of a minor when he or
she knowingly: (1) causes, aids, or encourages a minor to be or
to become a delinquent minor; or (2) does acts which directly

tend to render any minor so delinquent.
(b) (a) Contributing to the criminal delinquency of a minor
juvenile. A Any person of the age of 21 years and upwards
commits contributing to the criminal delinquency of a minor
when he or she, who with the intent to promote or facilitate
the commission of an offense solicits, compels or directs a
minor in the commission of the offense that is either: (i) a
felony or when the minor is misdemeanor, solicits, compels or
directs any person under the age of 17 years; or (ii) a
misdemeanor when the minor is under the age of 18 years in the
commission of the offense commits the offense of contributing
to the criminal delinquency of a juvenile.
(c) "Delinquent minor" means any minor who prior to his or
her 17th birthday has violated or attempted to violate,
regardless of where the act occurred, any federal or State law
or county or municipal ordinance, and any minor who prior to
his or her 18th birthday has violated or attempted to violate,
regardless of where the act occurred, any federal or State law
or county or municipal ordinance classified as a misdemeanor
offense.
(d) Sentence.
(1) A violation of subsection (a) is a Class A
misdemeanor.
(2) A violation of subsection (b) is:
(i) a Class C misdemeanor if the offense committed
is a petty offense or a business offense;

(ii) a Class B misdemeanor if the offense committed
is a Class C misdemeanor;
(iii) a Class A misdemeanor if the offense
committed is a Class B misdemeanor;
(iv) a Class 4 felony if the offense committed is a
Class A misdemeanor;
(v) a Class 3 felony if the offense committed is a
Class 4 felony;
(vi) a Class 2 felony if the offense committed is a
Class 3 felony;
(vii) a Class 1 felony if the offense committed is
a Class 2 felony; and
(viii) a Class X felony if the offense committed is
a Class 1 felony or a Class X felony.
(3) A violation of subsection (b) incurs the same
penalty as first degree murder if the committed offense is
first degree murder.
(e) The husband or wife of the defendant shall be a
competent witness to testify in any case under this Section and
to all matters relevant thereto.
(b) Sentence. Contributing to the criminal delinquency of a
juvenile is a felony one grade higher than the offense
committed, if the offense committed is a felony, except when
the offense committed is first degree murder or a Class X
felony. When the offense committed is first degree murder or a
Class X felony, the penalty for contributing to the criminal

delinquency of a juvenile is the same as the penalty for first
degree murder or a Class X felony, respectively. Contributing
to the criminal delinquency of a juvenile is a misdemeanor one
grade higher than the offense committed, if the offense
committed is a misdemeanor, except when the offense committed
is a Class A misdemeanor. If the offense committed is a Class A
misdemeanor, the penalty for contributing to the criminal
delinquency of a juvenile is a Class 4 felony.
(Source: P.A. 91-337, eff. 1-1-00.)
(720 ILCS 5/Art. 12C, Subdiv. 5 heading new)
SUBDIVISION 5. BODILY HARM OFFENSES
(720 ILCS 5/12C-35) (was 720 ILCS 5/12-10)
Sec. 12C-35 12-10. Tattooing the body of a minor. Tattooing
Body of Minor.
(a) A Any person, other than a person licensed to practice
medicine in all its branches, commits tattooing the body of a
minor when he or she knowingly or recklessly who tattoos or
offers to tattoo a person under the age of 18 is guilty of a
Class A misdemeanor.
(b) A Any person who is an owner or employee of employed by
a business that performs tattooing, other than a person
licensed to practice medicine in all its branches, may not
permit a person under 18 years of age to enter or remain on the
premises where tattooing is being performed unless the person

under 18 years of age is accompanied by his or her parent or
legal guardian. A violation of this subsection (b) is a Class A
misdemeanor.
(c) As used in this Section, to "Tattoo tattoo" means to
insert pigment under the surface of the skin of a human being,
by pricking with a needle or otherwise, so as to produce an
indelible mark or figure visible through the skin.
(d) Subsection (a) of this Section does not apply to a
person under 18 years of age who tattoos or offers to tattoo
another person under 18 years of age away from the premises of
any business at which tattooing is performed.
(e) Sentence. A violation of this Section is a Class A
misdemeanor.
(Source: P.A. 94-684, eff. 1-1-06.)
(720 ILCS 5/12C-40) (was 720 ILCS 5/12-10.1)
Sec. 12C-40 12-10.1. Piercing the body of a minor.
(a)(1) A Any person commits piercing the body of a minor
when he or she knowingly or recklessly who pierces the body or
oral cavity of a person under 18 years of age without written
consent of a parent or legal guardian of that person commits
the offense of piercing the body of a minor. Before the oral
cavity of a person under 18 years of age may be pierced, the
written consent form signed by the parent or legal guardian
must contain a provision in substantially the following form:
"I understand that the oral piercing of the tongue, lips,

cheeks, or any other area of the oral cavity carries serious
risk of infection or damage to the mouth and teeth, or both
infection and damage to those areas, that could result but is
not limited to nerve damage, numbness, and life threatening
blood clots.".
A person who pierces the oral cavity of a person under 18
years of age without obtaining a signed written consent form
from a parent or legal guardian of the person that includes the
provision describing the health risks of body piercing,
violates this Section.
(2) A (1.5) Any person who is an owner or employed by a
business that performs body piercing may not permit a person
under 18 years of age to enter or remain on the premises where
body piercing is being performed unless the person under 18
years of age is accompanied by his or her parent or legal
guardian.
(2) Sentence. A violation of clause (a)(1) or (a)(1.5) of
this Section is a Class A misdemeanor.
(b) Definition. As used in this Section, to "Pierce pierce"
means to make a hole in the body or oral cavity in order to
insert or allow the insertion of any ring, hoop, stud, or other
object for the purpose of ornamentation of the body. "Piercing"
does not include tongue splitting as defined in Section
12-10.2. The term "body" includes the oral cavity.
(c) Exceptions. This Section may not be construed in any
way to prohibit any injection, incision, acupuncture, or

similar medical or dental procedure performed by a licensed
health care professional or other person authorized to perform
that procedure or the presence on the premises where that
procedure is being performed by a health care professional or
other person authorized to perform that procedure of a person
under 18 years of age who is not accompanied by a parent or
legal guardian. This Section does not prohibit ear piercing.
This Section does not apply to a minor emancipated under the
Juvenile Court Act of 1987 or the Emancipation of Minors Act or
by marriage. This Section does not apply to a person under 18
years of age who pierces the body or oral cavity of another
person under 18 years of age away from the premises of any
business at which body piercing or oral cavity piercing is
performed.
(d) Sentence. A violation of this Section is a Class A
misdemeanor.
(Source: P.A. 93-449, eff. 1-1-04; 94-684, eff. 1-1-06.)
(720 ILCS 5/12C-45) (was 720 ILCS 5/12-4.9)
Sec. 12C-45 12-4.9. Drug induced infliction of harm to a
child athlete. Drug induced infliction of aggravated battery to
a child athlete.
(a) A person commits drug induced infliction of harm to a
child athlete when he or she knowingly Any person who
distributes a drug to or encourages the ingestion of a drug by
a person under the age of 18 with the intent that the person

under the age of 18 ingest the drug for the purpose of a quick
weight gain or loss in connection with participation in
athletics is guilty of the offense of drug induced infliction
of aggravated battery of a child athlete.
(b) This Section does not apply to care under usual and
customary standards of medical practice by a physician licensed
to practice medicine in all its branches or nor to the sale of
drugs or products by a retail merchant.
(c) (b) Drug induced infliction of harm aggravated battery
to a child athlete is a Class A misdemeanor. A second or
subsequent violation is a Class 4 felony.
(Source: P.A. 89-632, eff. 1-1-97.)
(720 ILCS 5/12C-50 new)
Sec. 12C-50. Hazing.
(a) A person commits hazing when he or she knowingly
requires the performance of any act by a student or other
person in a school, college, university, or other educational
institution of this State, for the purpose of induction or
admission into any group, organization, or society associated
or connected with that institution, if:
(1) the act is not sanctioned or authorized by that
educational institution; and
(2) the act results in bodily harm to any person.
(b) Sentence. Hazing is a Class A misdemeanor, except that
hazing that results in death or great bodily harm is a Class 4

felony.
(720 ILCS 5/Art. 12C, Subdiv. 10 heading new)
SUBDIVISION 10. CURFEW OFFENSES
(720 ILCS 5/12C-60 new)
Sec. 12C-60. Curfew.
(a) Curfew offenses.
(1) A minor commits a curfew offense when he or she
remains in any public place or on the premises of any
establishment during curfew hours.
(2) A parent or guardian of a minor or other person in
custody or control of a minor commits a curfew offense when
he or she knowingly permits the minor to remain in any
public place or on the premises of any establishment during
curfew hours.
(b) Curfew defenses. It is a defense to prosecution under
subsection (a) that the minor was:
(1) accompanied by the minor's parent or guardian or
other person in custody or control of the minor;
(2) on an errand at the direction of the minor's parent
or guardian, without any detour or stop;
(3) in a motor vehicle involved in interstate travel;
(4) engaged in an employment activity or going to or
returning home from an employment activity, without any
detour or stop;

(5) involved in an emergency;
(6) on the sidewalk abutting the minor's residence or
abutting the residence of a next-door neighbor if the
neighbor did not complain to the police department about
the minor's presence;
(7) attending an official school, religious, or other
recreational activity supervised by adults and sponsored
by a government or governmental agency, a civic
organization, or another similar entity that takes
responsibility for the minor, or going to or returning home
from, without any detour or stop, an official school,
religious, or other recreational activity supervised by
adults and sponsored by a government or governmental
agency, a civic organization, or another similar entity
that takes responsibility for the minor;
(8) exercising First Amendment rights protected by the
United States Constitution, such as the free exercise of
religion, freedom of speech, and the right of assembly; or
(9) married or had been married or is an emancipated
minor under the Emancipation of Minors Act.
(c) Enforcement. Before taking any enforcement action
under this Section, a law enforcement officer shall ask the
apparent offender's age and reason for being in the public
place. The officer shall not issue a citation or make an arrest
under this Section unless the officer reasonably believes that
an offense has occurred and that, based on any response and

other circumstances, no defense in subsection (b) is present.
(d) Definitions. In this Section:
(1) "Curfew hours" means:
(A) Between 12:01 a.m. and 6:00 a.m. on Saturday;
(B) Between 12:01 a.m. and 6:00 a.m. on Sunday; and
(C) Between 11:00 p.m. on Sunday to Thursday,
inclusive, and 6:00 a.m. on the following day.
(2) "Emergency" means an unforeseen combination of
circumstances or the resulting state that calls for
immediate action. The term includes, but is not limited to,
a fire, a natural disaster, an automobile accident, or any
situation requiring immediate action to prevent serious
bodily injury or loss of life.
(3) "Establishment" means any privately-owned place of
business operated for a profit to which the public is
invited, including, but not limited to, any place of
amusement or entertainment.
(4) "Guardian" means:
(A) a person who, under court order, is the
guardian of the person of a minor; or
(B) a public or private agency with whom a minor
has been placed by a court.
(5) "Minor" means any person under 17 years of age.
(6) "Parent" means a person who is:
(A) a natural parent, adoptive parent, or
step-parent of another person; or

(B) at least 18 years of age and authorized by a
parent or guardian to have the care and custody of a
minor.
(7) "Public place" means any place to which the public
or a substantial group of the public has access and
includes, but is not limited to, streets, highways, and the
common areas of schools, hospitals, apartment houses,
office buildings, transport facilities, and shops.
(8) "Remain" means to:
(A) linger or stay; or
(B) fail to leave premises when requested to do so
by a police officer or the owner, operator, or other
person in control of the premises.
(9) "Serious bodily injury" means bodily injury that
creates a substantial risk of death or that causes death,
serious permanent disfigurement, or protracted loss or
impairment of the function of any bodily member or organ.
(e) Sentence. A violation of this Section is a petty
offense with a fine of not less than $10 nor more than $500,
except that neither a person who has been made a ward of the
court under the Juvenile Court Act of 1987, nor that person's
legal guardian, shall be subject to any fine. In addition to or
instead of the fine imposed by this Section, the court may
order a parent, legal guardian, or other person convicted of a
violation of subsection (a) of this Section to perform
community service as determined by the court, except that the

legal guardian of a person who has been made a ward of the
court under the Juvenile Court Act of 1987 may not be ordered
to perform community service. The dates and times established
for the performance of community service by the parent, legal
guardian, or other person convicted of a violation of
subsection (a) of this Section shall not conflict with the
dates and times that the person is employed in his or her
regular occupation.
(f) County, municipal and other local boards and bodies
authorized to adopt local police laws and regulations under the
constitution and laws of this State may exercise legislative or
regulatory authority over this subject matter by ordinance or
resolution incorporating the substance of this Section or
increasing the requirements thereof or otherwise not in
conflict with this Section.
(720 ILCS 5/Art. 12C, Subdiv. 15 heading new)
SUBDIVISION 15. MISCELLANEOUS OFFENSES
(720 ILCS 5/12C-65) (was 720 ILCS 5/44-2 and 5/44-3)
Sec. 12C-65 44-2. Unlawful transfer of a
telecommunications device to a minor.
(a) A person commits unlawful transfer of a
telecommunications device to a minor when he or she gives,
sells or otherwise transfers possession of a
telecommunications device to a person under 18 years of age

with the intent that the device be used to commit any offense
under this Code, the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control and
Community Protection Act.
(b) "Telecommunications device" or "device" means a device
which is portable or which may be installed in a motor vehicle,
boat or other means of transportation, and which is capable of
receiving or transmitting speech, data, signals or other
information, including but not limited to paging devices,
cellular and mobile telephones, and radio transceivers,
transmitters and receivers, but not including radios designed
to receive only standard AM and FM broadcasts.
(c) Sentence. A violation of this Section (b) Unlawful
transfer of a telecommunications device to a minor is a Class A
misdemeanor.
(d) Seizure and forfeiture of property. Any person who
commits the offense of unlawful transfer of a
telecommunications device to a minor as set forth in this
Section is subject to the property forfeiture provisions in
Article 124B of the Code of Criminal Procedure of 1963. Sec.
44-3. (a) Seizure. Any telecommunications device possessed by a
person on the real property of any elementary or secondary
school without the authority of the school principal, or used
in the commission of an offense prohibited by this Code, the
Illinois Controlled Substances Act, the Cannabis Control Act,
or the Methamphetamine Control and Community Protection Act or

which constitutes evidence of the commission of such offenses
may be seized and delivered forthwith to the investigating law
enforcement agency. A person who is not a student of the
particular elementary or secondary school, who is on school
property as an invitee of the school, and who has possession of
a telecommunication device for lawful and legitimate purposes,
shall not need to obtain authority from the school principal to
possess the telecommunication device on school property. Such
telecommunication device shall not be seized unless it was used
in the commission of an offense specified above, or constitutes
evidence of such an offense. Within 15 days after such delivery
the investigating law enforcement agency shall give notice of
seizure to any known owners, lienholders and secured parties of
such property. Within that 15 day period the investigating law
enforcement agency shall also notify the State's Attorney of
the county of seizure about the seizure.
(b) Rights of lienholders and secured parties. The
State's Attorney shall promptly release a
telecommunications device seized under the provisions of
this Article to any lienholder or secured party if such
lienholder or secured party shows to the State's Attorney
that his lien or security interest is bona fide and was
created without actual knowledge that such
telecommunications device was or possessed in violation of
this Section or used or to be used in the commission of the
offense charged.

(c) Action for forfeiture.
(1) The State's Attorney in the county in which
such seizure occurs if he finds that such forfeiture
was incurred without willful negligence or without any
intention on the part of the owner of the
telecommunications device or a lienholder or secured
party to violate the law, or finds the existence of
such mitigating circumstances as to justify remission
of the forfeiture, may cause the investigating law
enforcement agency to remit the same upon such terms
and conditions as the State's Attorney deems
reasonable and just. The State's Attorney shall
exercise his discretion under the foregoing provision
of this Section promptly after notice is given in
accordance with subsection (a). If the State's
Attorney does not cause the forfeiture to be remitted
he shall forthwith bring an action for forfeiture in
the circuit court within whose jurisdiction the
seizure and confiscation has taken place. The State's
Attorney shall give notice of the forfeiture
proceeding by mailing a copy of the complaint in the
forfeiture proceeding to the persons and in the manner
set forth in subsection (a). The owner of the device or
any person with any right, title, or interest in the
device may within 20 days after the mailing of such
notice file a verified answer to the complaint and may

appear at the hearing on the action for forfeiture. The
State shall show at such hearing by a preponderance of
the evidence that the device was used in the commission
of an offense described in subsection (a). The owner of
the device or any person with any right, title, or
interest in the device may show by a preponderance of
the evidence that he did not know, and did not have
reason to know, that the device was possessed in
violation of this Section or to be used in the
commission of such an offense or that any of the
exceptions set forth in subsection (d) are applicable.
Unless the State shall make such showing, the Court
shall order the device released to the owner. Where the
State has made such showing, the Court may order the
device destroyed; may upon the request of the
investigating law enforcement agency, order it
delivered to any local, municipal or county law
enforcement agency, or the Department of State Police
or the Department of Revenue of the State of Illinois;
or may order it sold at public auction.
(2) A copy of the order shall be filed with the
investigating law enforcement agency of the county in
which the seizure occurs. Such order, when filed,
confers ownership of the device to the department or
agency to whom it is delivered or any purchaser
thereof. The investigating law enforcement agency

shall comply promptly with instructions to remit
received from the State's Attorney or Attorney General
in accordance with paragraph (1) of this subsection or
subsection (d).
(3) The proceeds of any sale at public auction
pursuant to this subsection, after payment of all liens
and deduction of the reasonable charges and expenses
incurred by the investigating law enforcement agency
in storing and selling the device, shall be paid into
the general fund of the level of government responsible
for the operation of the investigating law enforcement
agency.
(d) Exceptions to forfeiture. No device shall be
forfeited under the provisions of subsection (c) by reason
of any act or omission established by the owner thereof to
have been committed or omitted by any person other than the
owner while the device was unlawfully in the possession of
a person who acquired possession thereof in violation of
the criminal laws of the United States, or of any state.
(e) Remission by Attorney General. Whenever any owner
of, or other person interested in, a device seized under
the provisions of this Section files with the Attorney
General before the sale or destruction of the device a
petition for the remission of such forfeiture the Attorney
General if he finds that such forfeiture was incurred
without willful negligence or without any intention on the

part of the owner or any person with any right, title or
interest in the device to violate the law, or finds the
existence of such mitigating circumstances as to justify
the remission of forfeiture, may cause the same to be
remitted upon such terms and conditions as he deems
reasonable and just, or order discontinuance of any
forfeiture proceeding relating thereto.
(Source: P.A. 94-556, eff. 9-11-05; 95-331, eff. 8-21-07.)
(720 ILCS 5/12C-70 new)
Sec. 12C-70. Adoption compensation prohibited.
(a) Receipt of compensation for placing out prohibited;
exception. No person and no agency, association, corporation,
institution, society, or other organization, except a child
welfare agency as defined by the Child Care Act of 1969, shall
knowingly request, receive or accept any compensation or thing
of value, directly or indirectly, for providing adoption
services, as defined in Section 2.24 of the Child Care Act of
1969.
(b) Payment of compensation for placing out prohibited. No
person shall knowingly pay or give any compensation or thing of
value, directly or indirectly, for providing adoption
services, as defined in Section 2.24 of the Child Care Act of
1969, including placing out of a child to any person or to any
agency, association, corporation, institution, society, or
other organization except a child welfare agency as defined by

the Child Care Act of 1969.
(c) Certain payments of salaries and medical expenses not
prevented.
(1) The provisions of this Section shall not be
construed to prevent the payment of salaries or other
compensation by a licensed child welfare agency providing
adoption services, as that term is defined by the Child
Care Act of 1969, to the officers, employees, agents,
contractors, or any other persons acting on behalf of the
child welfare agency, provided that such salaries and
compensation are consistent with subsection (a) of Section
14.5 of the Child Care Act of 1969.
(2) The provisions of this Section shall not be
construed to prevent the payment by a prospective adoptive
parent of reasonable and actual medical fees or hospital
charges for services rendered in connection with the birth
of such child, if such payment is made to the physician or
hospital who or which rendered the services or to the
biological mother of the child or to prevent the receipt of
such payment by such physician, hospital, or mother.
(3) The provisions of this Section shall not be
construed to prevent a prospective adoptive parent from
giving a gift or gifts or other thing or things of value to
a biological parent provided that the total value of such
gift or gifts or thing or things of value does not exceed
$200.

(d) Payment of certain expenses.
(1) A prospective adoptive parent shall be permitted to
pay the reasonable living expenses of the biological
parents of the child sought to be adopted, in addition to
those expenses set forth in subsection (c), only in
accordance with the provisions of this subsection (d).
"Reasonable living expenses" means those expenses
related to activities of daily living and meeting basic
needs, including, but not limited to, lodging, food, and
clothing for the biological parents during the biological
mother's pregnancy and for no more than 120 days prior to
the biological mother's expected date of delivery and for
no more than 60 days after the birth of the child. The term
does not include expenses for lost wages, gifts,
educational expenses, or other similar expenses of the
biological parents.
(2) (A) The prospective adoptive parents may seek leave
of the court to pay the reasonable living expenses of
the biological parents. They shall be permitted to pay
the reasonable living expenses of the biological
parents only upon prior order of the circuit court
where the petition for adoption will be filed, or if
the petition for adoption has been filed in the circuit
court where the petition is pending.
(B) Notwithstanding clause (2)(A) of this
subsection (d), a prospective adoptive parent may

advance a maximum of $1,000 for reasonable birth parent
living expenses without prior order of court. The
prospective adoptive parents shall present a final
accounting of all expenses to the court prior to the
entry of a final judgment order for adoption.
(C) If the court finds an accounting by the
prospective adoptive parents to be incomplete or
deceptive or to contain amounts which are unauthorized
or unreasonable, the court may order a new accounting
or the repayment of amounts found to be excessive or
unauthorized or make any other orders it deems
appropriate.
(3) Payments under this subsection (d) shall be
permitted only in those circumstances where there is a
demonstrated need for the payment of such expenses to
protect the health of the biological parents or the health
of the child sought to be adopted.
(4) Payment of their reasonable living expenses, as
provided in this subsection (d), shall not obligate the
biological parents to place the child for adoption. In the
event the biological parents choose not to place the child
for adoption, the prospective adoptive parents shall have
no right to seek reimbursement from the biological parents,
or from any relative or associate of the biological
parents, of moneys paid to, or on behalf of, the biological
parents pursuant to a court order under this subsection

(d).
(5) Notwithstanding paragraph (4) of this subsection
(d), a prospective adoptive parent may seek reimbursement
of reasonable living expenses from a person who receives
such payments only if the person who accepts payment of
reasonable living expenses before the child's birth, as
described in paragraph (4) of this subsection (d), knows
that the person on whose behalf he or she is accepting
payment is not pregnant at the time of the receipt of such
payments or the person receives reimbursement for
reasonable living expenses simultaneously from more than
one prospective adoptive parent without the knowledge of
the prospective adoptive parent.
(6) No person or entity shall offer, provide, or
co-sign a loan or any other credit accommodation, directly
or indirectly, with a biological parent or a relative or
associate of a biological parent based on the contingency
of a surrender or placement of a child for adoption.
(7) Within 14 days after the completion of all payments
for reasonable living expenses of the biological parents
under this subsection (d), the prospective adoptive
parents shall present a final accounting of all those
expenses to the court. The accounting shall also include
the verified statements of the prospective adoptive
parents, each attorney of record, and the biological
parents or parents to whom or on whose behalf the payments

were made attesting to the accuracy of the accounting.
(8) If the placement of a child for adoption is made in
accordance with the Interstate Compact on the Placement of
Children, and if the sending state permits the payment of
any expenses of biological parents that are not permitted
under this Section, then the payment of those expenses
shall not be a violation of this Section. In that event,
the prospective adoptive parents shall file an accounting
of all payments of the expenses of the biological parent or
parents with the court in which the petition for adoption
is filed or is to be filed. The accounting shall include a
copy of the statutory provisions of the sending state that
permit payments in addition to those permitted by this
Section and a copy of all orders entered in the sending
state that relate to expenses of the biological parents
paid by the prospective adoptive parents in the sending
state.
(9) The prospective adoptive parents shall be
permitted to pay the reasonable attorney's fees of a
biological parent's attorney in connection with
proceedings under this Section or in connection with
proceedings for the adoption of the child if the amount of
fees of the attorney is $1,000 or less. If the amount of
attorney's fees of each biological parent exceeds $1,000,
the attorney's fees shall be paid only after a petition
seeking leave to pay those fees is filed with the court in

which the adoption proceeding is filed or to be filed. The
court shall review the petition for leave to pay attorney's
fees, and if the court determines that the fees requested
are reasonable, the court shall permit the petitioners to
pay them. If the court determines that the fees requested
are not reasonable, the court shall determine and set the
reasonable attorney's fees of the biological parents'
attorney which may be paid by the petitioners. The
prospective adoptive parents shall present a final
accounting of all those fees to the court prior to the
entry of a final judgment order for adoption.
(10) The court may appoint a guardian ad litem for an
unborn child to represent the interests of the child in
proceedings under this subsection (d).
(11) The provisions of this subsection (d) apply to a
person who is a prospective adoptive parent. This
subsection (d) does not apply to a licensed child welfare
agency, as that term is defined in the Child Care Act of
1969, whose payments are governed by the Child Care Act of
1969 and the Department of Children and Family Services
rules adopted thereunder.
(e) Injunctive relief.
(A) Whenever it appears that any person, agency,
association, corporation, institution, society, or
other organization is engaged or about to engage in any
acts or practices that constitute or will constitute a

violation of this Section, the Department of Children
and Family Services shall inform the Attorney General
and the State's Attorney of the appropriate county.
Under such circumstances, the Attorney General or the
State's Attorney may initiate injunction proceedings.
Upon a proper showing, any circuit court may enter a
permanent or preliminary injunction or temporary
restraining order without bond to enforce this Section
or any rule adopted under this Section in addition to
any other penalties and other remedies provided in this
Section.
(B) Whenever it appears that any person, agency,
association, corporation, institution, society, or
other organization is engaged or is about to engage in
any act or practice that constitutes or will constitute
a violation of any rule adopted under the authority of
this Section, the Department of Children and Family
Services may inform the Attorney General and the
State's Attorney of the appropriate county. Under such
circumstances, the Attorney General or the State's
Attorney may initiate injunction proceedings. Upon a
proper showing, any circuit court may enter a permanent
or preliminary injunction or a temporary restraining
order without bond to enforce this Section or any rule
adopted under this Section, in addition to any other
penalties and remedies provided in this Section.

(f) A violation of this Section on a first conviction is a
Class 4 felony, and on a second or subsequent conviction is a
Class 3 felony.
(g) "Adoption services" has the meaning given that term in
the Child Care Act of 1969.
(h) "Placing out" means to arrange for the free care or
placement of a child in a family other than that of the child's
parent, stepparent, grandparent, brother, sister, uncle or
aunt or legal guardian, for the purpose of adoption or for the
purpose of providing care.
(i) "Prospective adoptive parent" means a person or persons
who have filed or intend to file a petition to adopt a child
under the Adoption Act.
Article 5.
Section 5-1. Short title. This Act may be cited as the
Yo-Yo Waterball Sales Prohibition Act.
Section 5-5. Definition. In this Act, "yo-yo waterball"
means a water yo-yo or a soft, rubber-like ball that is filled
with a liquid and is attached to an elastic cord.
Section 5-10. Sale of yo-yo waterballs prohibited. It is
unlawful to sell a yo-yo waterball in this State.

Section 5-15. Sentence. A person who sells a yo-yo
waterball in this State is guilty of a business offense
punishable by a fine of $1,001 for each violation. Each sale of
a yo-yo waterball in violation of this Act is a separate
violation.
Article 10.
Section 10-900. The School Code is amended by changing
Section 21B-80 as follows:
(105 ILCS 5/21B-80)
Sec. 21B-80. Conviction of certain offenses as grounds for
revocation of license.
(a) As used in this Section:
"Narcotics offense" means any one or more of the following
offenses:
(1) Any offense defined in the Cannabis Control Act,
except those defined in subdivisions (a) and (b) of Section
4 and subdivision (a) of Section 5 of the Cannabis Control
Act and any offense for which the holder of a license is
placed on probation under the provisions of Section 10 of
the Cannabis Control Act, provided that if the terms and
conditions of probation required by the court are not
fulfilled, the offense is not eligible for this exception.
(2) Any offense defined in the Illinois Controlled

Substances Act, except any offense for which the holder of
a license is placed on probation under the provisions of
Section 410 of the Illinois Controlled Substances Act,
provided that if the terms and conditions of probation
required by the court are not fulfilled, the offense is not
eligible for this exception.
(3) Any offense defined in the Methamphetamine Control
and Community Protection Act, except any offense for which
the holder of a license is placed on probation under the
provision of Section 70 of that Act, provided that if the
terms and conditions of probation required by the court are
not fulfilled, the offense is not eligible for this
exception.
(4) Any attempt to commit any of the offenses listed in
items (1) through (3) of this definition.
(5) Any offense committed or attempted in any other
state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as one or more of the offenses listed in items
(1) through (4) of this definition.
The changes made by Public Act 96-431 to the definition of
"narcotics offense" are declaratory of existing law.
"Sex offense" means any one or more of the following
offenses:
(A) Any offense defined in Sections 11-6, and 11-9
through 11-9.5, inclusive, and 11-30, of the Criminal Code

of 1961; Sections 11-14 through 11-21, inclusive, of the
Criminal Code of 1961; Sections 11-23 (if punished as a
Class 3 felony), 11-24, 11-25, and 11-26 of the Criminal
Code of 1961; and Sections 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 12-4.9, 12-13, 12-14, 12-14.1, 12-15,
12-16, 12-32, and 12-33, and 12C-45 of the Criminal Code of
1961.
(B) Any attempt to commit any of the offenses listed in
item (A) of this definition.
(C) Any offense committed or attempted in any other
state that, if committed or attempted in this State, would
have been punishable as one or more of the offenses listed
in items (A) and (B) of this definition.
(b) Whenever the holder of any license issued pursuant to
this Article has been convicted of any sex offense or narcotics
offense, the State Superintendent of Education shall forthwith
suspend the license. If the conviction is reversed and the
holder is acquitted of the offense in a new trial or the
charges against him or her are dismissed, the State
Superintendent of Education shall forthwith terminate the
suspension of the license. When the conviction becomes final,
the State Superintendent of Education shall forthwith revoke
the license.
(c) Whenever the holder of a license issued pursuant to
this Article has been convicted of attempting to commit,
conspiring to commit, soliciting, or committing first degree

murder or a Class X felony or any offense committed or
attempted in any other state or against the laws of the United
States that, if committed or attempted in this State, would
have been punishable as one or more of the foregoing offenses,
the State Superintendent of Education shall forthwith suspend
the license. If the conviction is reversed and the holder is
acquitted of that offense in a new trial or the charges that he
or she committed that offense are dismissed, the State
Superintendent of Education shall forthwith terminate the
suspension of the license. When the conviction becomes final,
the State Superintendent of Education shall forthwith revoke
the license.
(Source: P.A. 97-607, eff. 8-26-11; incorporates 96-1551, eff.
7-1-11; revised 10-13-11.)
Section 10-905. The Child Care Act of 1969 is amended by
changing Section 14.6 as follows:
(225 ILCS 10/14.6)
Sec. 14.6. Agency payment of salaries or other
compensation.
(a) A licensed child welfare agency may pay salaries or
other compensation to its officers, employees, agents,
contractors, or any other persons acting on its behalf for
providing adoption services, provided that all of the following
limitations apply:

(1) The fees, wages, salaries, or other compensation of
any description paid to the officers, employees,
contractors, or any other person acting on behalf of a
child welfare agency providing adoption services shall not
be unreasonably high in relation to the services actually
rendered. Every form of compensation shall be taken into
account in determining whether fees, wages, salaries, or
compensation are unreasonably high, including, but not
limited to, salary, bonuses, deferred and non-cash
compensation, retirement funds, medical and liability
insurance, loans, and other benefits such as the use,
purchase, or lease of vehicles, expense accounts, and food,
housing, and clothing allowances.
(2) Any earnings, if applicable, or compensation paid
to the child welfare agency's directors, stockholders, or
members of its governing body shall not be unreasonably
high in relation to the services rendered.
(3) Persons providing adoption services for a child
welfare agency may be compensated only for services
actually rendered and only on a fee-for-service, hourly
wage, or salary basis.
(b) The Department may adopt rules setting forth the
criteria to determine what constitutes unreasonably high fees
and compensation as those terms are used in this Section. In
determining the reasonableness of fees, wages, salaries, and
compensation under paragraphs (1) and (2) of subsection (a) of

this Section, the Department shall take into account the
location, number, and qualifications of staff, workload
requirements, budget, and size of the agency or person and
available norms for compensation within the adoption
community. Every licensed child welfare agency providing
adoption services shall provide the Department and the Attorney
General with a report, on an annual basis, providing a
description of the fees, wages, salaries and other compensation
described in paragraphs (1), (2), and (3) of this Section.
Nothing in Section 12C-70 of the Criminal Code of 1961 the
Adoption Compensation Prohibition Act shall be construed to
prevent a child welfare agency from charging fees or the
payment of salaries and compensation as limited in this Section
and any applicable Section of this Act or the Adoption Act.
(c) This Section does not apply to international adoption
services performed by those child welfare agencies governed by
the 1993 Hague Convention on Protection of Children and
Cooperation in Respect of Intercountry Adoption and the
Intercountry Adoption Act of 2000.
(d) Eligible agencies may be deemed compliant with this
Section.
(Source: P.A. 94-586, eff. 8-15-05.)
Section 10-910. The Health Care Worker Background Check Act
is amended by changing Section 25 as follows:

(225 ILCS 46/25)
Sec. 25. Persons ineligible to be hired by health care
employers and long-term care facilities.
(a) In the discretion of the Director of Public Health, as
soon after January 1, 1996, January 1, 1997, January 1, 2006,
or October 1, 2007, as applicable, and as is reasonably
practical, no health care employer shall knowingly hire,
employ, or retain any individual in a position with duties
involving direct care for clients, patients, or residents, and
no long-term care facility shall knowingly hire, employ, or
retain any individual in a position with duties that involve or
may involve contact with residents or access to the living
quarters or the financial, medical, or personal records of
residents, who has been convicted of committing or attempting
to commit one or more of the following offenses: those defined
in Sections 8-1(b), 8-1.1, 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3,
9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4,
10-5, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,
11-9.1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,
12-2, 12-3.05, 12-3.1, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2,
12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13,
12-14, 12-14.1, 12-15, 12-16, 12-19, 12-21, 12-21.6, 12-32,
12-33, 12C-5, 16-1, 16-1.3, 16-25, 16A-3, 17-3, 17-56, 18-1,
18-2, 18-3, 18-4, 18-5, 19-1, 19-3, 19-4, 20-1, 20-1.1, 24-1,
24-1.2, 24-1.5, or 33A-2, or subdivision (a)(4) of Section
11-14.4, or in subsection (a) of Section 12-3 or subsection (a)

or (b) of Section 12-4.4a, of the Criminal Code of 1961; those
provided in Section 4 of the Wrongs to Children Act; those
provided in Section 53 of the Criminal Jurisprudence Act; those
defined in Section 5, 5.1, 5.2, 7, or 9 of the Cannabis Control
Act; those defined in the Methamphetamine Control and Community
Protection Act; or those defined in Sections 401, 401.1, 404,
405, 405.1, 407, or 407.1 of the Illinois Controlled Substances
Act, unless the applicant or employee obtains a waiver pursuant
to Section 40.
(a-1) In the discretion of the Director of Public Health,
as soon after January 1, 2004 or October 1, 2007, as
applicable, and as is reasonably practical, no health care
employer shall knowingly hire any individual in a position with
duties involving direct care for clients, patients, or
residents, and no long-term care facility shall knowingly hire
any individual in a position with duties that involve or may
involve contact with residents or access to the living quarters
or the financial, medical, or personal records of residents,
who has (i) been convicted of committing or attempting to
commit one or more of the offenses defined in Section 12-3.3,
12-4.2-5, 16-2, 16-30, 16G-15, 16G-20, 17-33, 17-34, 17-36,
17-44, 18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, 24-3.2, or
24-3.3, or subsection (b) of Section 17-32, of the Criminal
Code of 1961; Section 4, 5, 6, 8, or 17.02 of the Illinois
Credit Card and Debit Card Act; or Section 11-9.1A of the
Criminal Code of 1961 or Section 5.1 of the Wrongs to Children

Act; or (ii) violated Section 50-50 of the Nurse Practice Act,
unless the applicant or employee obtains a waiver pursuant to
Section 40 of this Act.
A health care employer is not required to retain an
individual in a position with duties involving direct care for
clients, patients, or residents, and no long-term care facility
is required to retain an individual in a position with duties
that involve or may involve contact with residents or access to
the living quarters or the financial, medical, or personal
records of residents, who has been convicted of committing or
attempting to commit one or more of the offenses enumerated in
this subsection.
(b) A health care employer shall not hire, employ, or
retain any individual in a position with duties involving
direct care of clients, patients, or residents, and no
long-term care facility shall knowingly hire, employ, or retain
any individual in a position with duties that involve or may
involve contact with residents or access to the living quarters
or the financial, medical, or personal records of residents, if
the health care employer becomes aware that the individual has
been convicted in another state of committing or attempting to
commit an offense that has the same or similar elements as an
offense listed in subsection (a) or (a-1), as verified by court
records, records from a state agency, or an FBI criminal
history record check, unless the applicant or employee obtains
a waiver pursuant to Section 40 of this Act. This shall not be

construed to mean that a health care employer has an obligation
to conduct a criminal history records check in other states in
which an employee has resided.
(Source: P.A. 96-710, eff. 1-1-10; 96-1551, Article 1, Section
930, eff. 7-1-11; 96-1551, Article 2, Section 995, eff. 7-1-11;
96-1551, Article 10, Section 10-40, eff. 7-1-11; 97-597, eff.
1-1-12.)
Section 10-915. The Abandoned Newborn Infant Protection
Act is amended by changing Section 25 as follows:
(325 ILCS 2/25)
Sec. 25. Immunity for relinquishing person.
(a) The act of relinquishing a newborn infant to a
hospital, police station, fire station, or emergency medical
facility in accordance with this Act does not, by itself,
constitute a basis for a finding of abuse, neglect, or
abandonment of the infant pursuant to the laws of this State
nor does it, by itself, constitute a violation of Section 12C-5
or 12C-10 12-21.5 or 12-21.6 of the Criminal Code of 1961.
(b) If there is suspected child abuse or neglect that is
not based solely on the newborn infant's relinquishment to a
hospital, police station, fire station, or emergency medical
facility, the personnel of the hospital, police station, fire
station, or emergency medical facility who are mandated
reporters under the Abused and Neglected Child Reporting Act

must report the abuse or neglect pursuant to that Act.
(c) Neither a child protective investigation nor a criminal
investigation may be initiated solely because a newborn infant
is relinquished pursuant to this Act.
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
93-820, eff. 7-27-04.)
Section 10-920. The Illinois Vehicle Code is amended by
changing Sections 6-106.1 and 6-508 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 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 Department of State Police to conduct
fingerprint based criminal background checks on current and
future information available in the state system and current
information available through the Federal 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 the effective date of this
Act 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 Department of State Police and the Federal Bureau of
Investigation to process 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 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;
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 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, an advanced practice nurse who has a
written collaborative agreement with a collaborating
physician which authorizes him or her to perform medical
examinations, or a physician assistant who has been
delegated the performance of medical examinations by his or
her supervising physician 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;
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 8-1.2, 9-1, 9-1.2, 9-2,
9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 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,
11-9.3, 11-9.4, 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,
11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6,
12-3.1, 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, 12-5.01, 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, 12-16.2, 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, 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, 31A-1, 31A-1.1, 33A-2, and 33D-1,
and in subsection (b) of Section 8-1, and in subdivisions
(a)(1), (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4),
and (f)(1) of Section 12-3.05, and in subsection (a) and
subsection (b), clause (1), of Section 12-4, and in
subsection (A), clauses (a) and (b), of Section 24-3, and
those offenses contained in Article 29D of the Criminal
Code of 1961; (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, 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; (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 an accident 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; and

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.
(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
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 Department of 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 Department of 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
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 Department of 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
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 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 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 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.
"Service member" means a member of the Armed Services or
reserve forces of the United States or a member of the Illinois
National Guard.
(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09;
96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff.
7-22-10; 96-1551, Article 1, Section 950, eff. 7-1-11; 96-1551,
Article 2, Section 1025, eff. 7-1-11; 97-224, eff. 7-28-11;
97-229, eff. 7-28-11; 97-333, eff. 8-12-11; 97-466, eff.
1-1-12; revised 9-15-11.)
(625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
Sec. 6-508. Commercial Driver's License (CDL) -
qualification standards.
(a) Testing.
(1) General. No person shall be issued an original or
renewal CDL unless that person is domiciled in this State.
The Secretary shall cause to be administered such tests as

the Secretary deems necessary to meet the requirements of
49 C.F.R. Part 383, subparts F, G, H, and J.
(2) Third party testing. The Secretary of state may
authorize a "third party tester", pursuant to 49 C.F.R.
Part 383.75, to administer the skills test or tests
specified by Federal Motor Carrier Safety Administration
pursuant to the Commercial Motor Vehicle Safety Act of 1986
and any appropriate federal rule.
(b) Waiver of Skills Test. The Secretary of State may waive
the skills test specified in this Section for a driver
applicant for a commercial driver license who meets the
requirements of 49 C.F.R. Part 383.77 and Part 383.123.
(b-1) No person shall be issued a commercial driver
instruction permit or CDL unless the person certifies to the
Secretary one of the following types of driving operations in
which he or she will be engaged:
(1) non-excepted interstate;
(2) non-excepted intrastate;
(3) excepted interstate; or
(4) excepted intrastate.
(b-2) Persons who hold a commercial driver instruction
permit or CDL on January 30, 2012 must certify to the Secretary
no later than January 30, 2014 one of the following applicable
self-certifications:
(1) non-excepted interstate;
(2) non-excepted intrastate;

(3) excepted interstate; or
(4) excepted intrastate.
(c) Limitations on issuance of a CDL. A CDL, or a
commercial driver instruction permit, shall not be issued to a
person while the person is subject to a disqualification from
driving a commercial motor vehicle, or unless otherwise
permitted by this Code, while the person's driver's license is
suspended, revoked or cancelled in any state, or any territory
or province of Canada; nor may a CDL be issued to a person who
has a CDL issued by any other state, or foreign jurisdiction,
unless the person first surrenders all such licenses. No CDL
shall be issued to or renewed for a person who does not meet
the requirement of 49 CFR 391.41(b)(11). The requirement may be
met with the aid of a hearing aid.
(c-1) The Secretary may issue a CDL with a school bus
driver endorsement to allow a person to drive the type of bus
described in subsection (d-5) of Section 6-104 of this Code.
The CDL with a school bus driver endorsement may be issued only
to a person meeting the following requirements:
(1) the person has submitted his or her fingerprints to
the Department of State Police in the form and manner
prescribed by the Department of State Police. These
fingerprints shall be checked against the fingerprint
records now and hereafter filed in the Department of State
Police and Federal Bureau of Investigation criminal
history records databases;

(2) the person has passed a written test, administered
by the Secretary of State, on charter bus operation,
charter bus safety, and certain special traffic laws
relating to school buses determined by the Secretary of
State to be relevant to charter buses, and submitted to a
review of the driver applicant's driving habits by the
Secretary of State at the time the written test is given;
(3) the person has demonstrated physical fitness to
operate school buses by submitting the results of a medical
examination, including tests for drug use; and
(4) the person has not been convicted of committing or
attempting to commit any one or more of the following
offenses: (i) those offenses defined in Sections 8-1.2,
9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 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, 11-9.3, 11-9.4, 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, 11-21, 11-22, 11-23, 11-24, 11-25,
11-26, 11-30, 12-2.6, 12-3.1, 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,
12-5.01, 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, 12-16.2,
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, 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, 31A-1,
31A-1.1, 33A-2, and 33D-1, and in subsection (b) of Section
8-1, and in subdivisions (a)(1), (a)(2), (b)(1), (e)(1),
(e)(2), (e)(3), (e)(4), and (f)(1) of Section 12-3.05, and
in subsection (a) and subsection (b), clause (1), of
Section 12-4, and in subsection (A), clauses (a) and (b),
of Section 24-3, and those offenses contained in Article
29D of the Criminal Code of 1961; (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, which if committed
or attempted in this State would be punishable as one or
more of the foregoing offenses; (vi) the offenses defined
in Sections 4.1 and 5.1 of the Wrongs to Children Act or
Section 11-9.1A of the Criminal Code of 1961; (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.
The Department of State Police shall charge a fee for
conducting the criminal history records check, which shall be

deposited into the State Police Services Fund and may not
exceed the actual cost of the records check.
(c-2) The Secretary shall issue a CDL with a school bus
endorsement to allow a person to drive a school bus as defined
in this Section. The CDL shall be issued according to the
requirements outlined in 49 C.F.R. 383. A person may not
operate a school bus as defined in this Section without a
school bus endorsement. The Secretary of State may adopt rules
consistent with Federal guidelines to implement this
subsection (c-2).
(d) Commercial driver instruction permit. A commercial
driver instruction permit may be issued to any person holding a
valid Illinois driver's license if such person successfully
passes such tests as the Secretary determines to be necessary.
A commercial driver instruction permit shall not be issued to a
person who does not meet the requirements of 49 CFR 391.41
(b)(11), except for the renewal of a commercial driver
instruction permit for a person who possesses a commercial
instruction permit prior to the effective date of this
amendatory Act of 1999.
(Source: P.A. 95-331, eff. 8-21-07; 95-382, eff. 8-23-07;
96-1182, eff. 7-22-10; 96-1551, Article 1, Section 95, eff.
7-1-11; 96-1551, Article 2, Section 1025, eff. 7-1-11; 97-208,
eff. 1-1-12; revised 9-26-11.)
(720 ILCS 5/12-21.7 rep.)

(720 ILCS 5/Art. 33D rep.)
(720 ILCS 5/Art. 44 rep.)
Section 10-925. The Criminal Code of 1961 is amended by
repealing Section 12-21.7 and Articles 33D and 44.
(720 ILCS 120/Act rep.)
Section 10-930. The Hazing Act is repealed.
(720 ILCS 130/Act rep.)
Section 10-935. The Neglected Children Offense Act is
repealed.
(720 ILCS 150/4.1 rep.)
Section 10-940. The Wrongs to Children Act is amended by
repealing Section 4.1.
(720 ILCS 525/Act rep.)
Section 10-945. The Adoption Compensation Prohibition Act
is repealed.
(720 ILCS 555/Act rep.)
Section 10-950. The Child Curfew Act is repealed.
Section 10-955. The Code of Criminal Procedure of 1963 is
amended by changing Sections 115-10, 124B-10, and 124B-100 and
by adding Part 1000 to Article 124B as follows:

(725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
Sec. 115-10. Certain hearsay exceptions.
(a) In a prosecution for a physical or sexual act
perpetrated upon or against a child under the age of 13, or a
person who was a moderately, severely, or profoundly
intellectually disabled person as defined in this Code and in
Section 2-10.1 of the Criminal Code of 1961 at the time the act
was committed, including but not limited to prosecutions for
violations of Sections 11-1.20 through 11-1.60 or 12-13 through
12-16 of the Criminal Code of 1961 and prosecutions for
violations of Sections 10-1 (kidnapping), 10-2 (aggravated
kidnapping), 10-3 (unlawful restraint), 10-3.1 (aggravated
unlawful restraint), 10-4 (forcible detention), 10-5 (child
abduction), 10-6 (harboring a runaway), 10-7 (aiding or
abetting child abduction), 11-9 (public indecency), 11-11
(sexual relations within families), 11-21 (harmful material),
12-1 (assault), 12-2 (aggravated assault), 12-3 (battery),
12-3.2 (domestic battery), 12-3.3 (aggravated domestic
battery), 12-3.05 or 12-4 (aggravated battery), 12-4.1
(heinous battery), 12-4.2 (aggravated battery with a firearm),
12-4.3 (aggravated battery of a child), 12-4.7 (drug induced
infliction of great bodily harm), 12-5 (reckless conduct), 12-6
(intimidation), 12-6.1 or 12-6.5 (compelling organization
membership of persons), 12-7.1 (hate crime), 12-7.3
(stalking), 12-7.4 (aggravated stalking), 12-10 or 12C-35

(tattooing the body of a minor), 12-11 (home invasion), 12-21.5
or 12C-10 (child abandonment), 12-21.6 or 12C-5 (endangering
the life or health of a child) or 12-32 (ritual mutilation) of
the Criminal Code of 1961 or any sex offense as defined in
subsection (B) of Section 2 of the Sex Offender Registration
Act, the following evidence shall be admitted as an exception
to the hearsay rule:
(1) testimony by the victim of an out of court
statement made by the victim that he or she complained of
such act to another; and
(2) testimony of an out of court statement made by the
victim describing any complaint of such act or matter or
detail pertaining to any act which is an element of an
offense which is the subject of a prosecution for a sexual
or physical act against that victim.
(b) Such testimony shall only be admitted if:
(1) The court finds in a hearing conducted outside the
presence of the jury that the time, content, and
circumstances of the statement provide sufficient
safeguards of reliability; and
(2) The child or moderately, severely, or profoundly
intellectually disabled person either:
(A) testifies at the proceeding; or
(B) is unavailable as a witness and there is
corroborative evidence of the act which is the subject
of the statement; and

(3) In a case involving an offense perpetrated against
a child under the age of 13, the out of court statement was
made before the victim attained 13 years of age or within 3
months after the commission of the offense, whichever
occurs later, but the statement may be admitted regardless
of the age of the victim at the time of the proceeding.
(c) If a statement is admitted pursuant to this Section,
the court shall instruct the jury that it is for the jury to
determine the weight and credibility to be given the statement
and that, in making the determination, it shall consider the
age and maturity of the child, or the intellectual capabilities
of the moderately, severely, or profoundly intellectually
disabled person, the nature of the statement, the circumstances
under which the statement was made, and any other relevant
factor.
(d) The proponent of the statement shall give the adverse
party reasonable notice of his intention to offer the statement
and the particulars of the statement.
(e) Statements described in paragraphs (1) and (2) of
subsection (a) shall not be excluded on the basis that they
were obtained as a result of interviews conducted pursuant to a
protocol adopted by a Child Advocacy Advisory Board as set
forth in subsections (c), (d), and (e) of Section 3 of the
Children's Advocacy Center Act or that an interviewer or
witness to the interview was or is an employee, agent, or
investigator of a State's Attorney's office.

(Source: P.A. 95-892, eff. 1-1-09; 96-710, eff. 1-1-10;
96-1551, Article 1, Section 965, eff. 7-1-11; 96-1551, Article
2, Section 1040, eff. 7-1-11; 97-227, eff. 1-1-12; revised
9-14-11.)
(725 ILCS 5/124B-10)
Sec. 124B-10. Applicability; offenses. This Article
applies to forfeiture of property in connection with the
following:
(1) A violation of Section 10A-10 of the Criminal Code
of 1961 (involuntary servitude; involuntary servitude of a
minor; trafficking of persons for forced labor or
services).
(2) A violation of subdivision (a)(1) of Section
11-14.4 of the Criminal Code of 1961 (promoting juvenile
prostitution) or a violation of Section 11-17.1 of the
Criminal Code of 1961 (keeping a place of juvenile
prostitution).
(3) A violation of subdivision (a)(4) of Section
11-14.4 of the Criminal Code of 1961 (promoting juvenile
prostitution) or a violation of Section 11-19.2 of the
Criminal Code of 1961 (exploitation of a child).
(4) A violation of Section 11-20 of the Criminal Code
of 1961 (obscenity).
(5) A second or subsequent violation of Section 11-20.1
of the Criminal Code of 1961 (child pornography).

(6) A violation of Section 11-20.1B or 11-20.3 of the
Criminal Code of 1961 (aggravated child pornography).
(7) A violation of Section 12C-65 of the Criminal Code
of 1961 (unlawful transfer of a telecommunications device
to a minor).
(8) (7) A violation of Section 16D-5 of the Criminal
Code of 1961 (computer fraud).
(9) (8) A felony violation of Article 17B of the
Criminal Code of 1961 (WIC fraud).
(10) (9) A felony violation of Section 26-5 of the
Criminal Code of 1961 (dog fighting).
(11) (10) A violation of Article 29D of the Criminal
Code of 1961 (terrorism).
(12) (11) A felony violation of Section 4.01 of the
Humane Care for Animals Act (animals in entertainment).
(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11.)
(725 ILCS 5/124B-100)
Sec. 124B-100. Definition; "offense". For purposes of this
Article, "offense" is defined as follows:
(1) In the case of forfeiture authorized under Section
10A-15 of the Criminal Code of 1961, "offense" means the
offense of involuntary servitude, involuntary servitude of
a minor, or trafficking of persons for forced labor or
services in violation of Section 10A-10 of that Code.
(2) In the case of forfeiture authorized under

subdivision (a)(1) of Section 11-14.4, or Section 11-17.1,
of the Criminal Code of 1961, "offense" means the offense
of promoting juvenile prostitution or keeping a place of
juvenile prostitution in violation of subdivision (a)(1)
of Section 11-14.4, or Section 11-17.1, of that Code.
(3) In the case of forfeiture authorized under
subdivision (a)(4) of Section 11-14.4, or Section 11-19.2,
of the Criminal Code of 1961, "offense" means the offense
of promoting juvenile prostitution or exploitation of a
child in violation of subdivision (a)(4) of Section
11-14.4, or Section 11-19.2, of that Code.
(4) In the case of forfeiture authorized under Section
11-20 of the Criminal Code of 1961, "offense" means the
offense of obscenity in violation of that Section.
(5) In the case of forfeiture authorized under Section
11-20.1 of the Criminal Code of 1961, "offense" means the
offense of child pornography in violation of Section
11-20.1 of that Code.
(6) In the case of forfeiture authorized under Section
11-20.1B or 11-20.3 of the Criminal Code of 1961, "offense"
means the offense of aggravated child pornography in
violation of Section 11-20.1B or 11-20.3 of that Code.
(7) In the case of forfeiture authorized under Section
12C-65 of the Criminal Code of 1961, "offense" means the
offense of unlawful transfer of a telecommunications
device to a minor in violation of Section 12C-65 of that

Code.
(8) (7) In the case of forfeiture authorized under
Section 16D-6 of the Criminal Code of 1961, "offense" means
the offense of computer fraud in violation of Section 16D-5
of that Code.
(9) (8) In the case of forfeiture authorized under
Section 17B-25 of the Criminal Code of 1961, "offense"
means any felony violation of Article 17B of that Code.
(10) (9) In the case of forfeiture authorized under
Section 29D-65 of the Criminal Code of 1961, "offense"
means any offense under Article 29D of that Code.
(11) (10) In the case of forfeiture authorized under
Section 4.01 of the Humane Care for Animals Act or Section
26-5 of the Criminal Code of 1961, "offense" means any
felony offense under either of those Sections.
(12) In the case of forfeiture authorized under Section
124B-1000(b) of the Code of Criminal Procedure of 1963,
"offense" means an offense prohibited by the Criminal Code
of 1961, the Illinois Controlled Substances Act, the
Cannabis Control Act, or the Methamphetamine Control and
Community Protection Act, or an offense involving a
telecommunications device possessed by a person on the real
property of any elementary or secondary school without
authority of the school principal.
(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11.)

(725 ILCS 5/Art. 124B Pt. 1000 heading new)
Part 1000. Unlawful Telecommunications Device
(725 ILCS 5/124B-1000 new)
Sec. 124B-1000. Persons and property subject to
forfeiture.
(a) A person who commits the offense of unlawful transfer
of a telecommunications device to a minor in violation of
Section 12C-65 of the Criminal Code of 1961 shall forfeit any
telecommunications device used in the commission of the offense
or which constitutes evidence of the commission of such
offense.
(b) A person who commits an offense prohibited by the
Criminal Code of 1961, the Illinois Controlled Substances Act,
the Cannabis Control Act, or the Methamphetamine Control and
Community Protection Act, or an offense involving a
telecommunications device possessed by a person on the real
property of any elementary or secondary school without
authority of the school principal shall forfeit any
telecommunications device used in the commission of the offense
or which constitutes evidence of the commission of such
offense. A person who is not a student of the particular
elementary or secondary school, who is on school property as an
invitee of the school, and who has possession of a
telecommunications device for lawful and legitimate purposes,
shall not need to obtain authority from the school principal to

possess the telecommunications device on school property.
(725 ILCS 5/124B-1010 new)
Sec. 124B-1010. Seizure. A telecommunications device
subject to forfeiture may be seized and delivered forthwith to
the investigating law enforcement agency. Such
telecommunications device shall not be seized unless it was
used in the commission of an offense specified in Section
124B-1000, or constitutes evidence of such an offense. Within
15 days after such delivery, the investigating law enforcement
agency shall give notice of seizure to any known owners, lien
holders and secured parties of such property. Within that 15
day period the investigating law enforcement agency shall also
notify the State's Attorney of the county of seizure about the
seizure.
(725 ILCS 5/124B-1020 new)
Sec. 124B-1020. Exception to forfeiture. No
telecommunications device shall be forfeited by reason of any
act or omission established by the owner thereof to have been
committed or omitted by any person other than the owner while
the device was unlawfully in the possession of a person who
acquired possession thereof in violation of the criminal laws
of the United States, or of any state.
(725 ILCS 5/124B-1030 new)

Sec. 124B-1030. Transfer of property. Upon the court's
determination that the telecommunications device is subject to
forfeiture, the court may, notwithstanding the provisions of
Section 124B-165(a), upon the request of the investigating law
enforcement agency, order the property delivered to any local,
municipal or county law enforcement agency, or the Department
of State Police or the Department of Revenue of the State of
Illinois.
(725 ILCS 5/124B-1040 new)
Sec. 124B-1040. Distribution of property from sale of
proceeds. The proceeds of any sale of property, after payment
of all liens and deduction of the reasonable charges and
expenses incurred by the investigating law enforcement agency
in storing and selling the property, shall be paid into the
general fund of the level of government responsible for the
operation of the investigating law enforcement agency.
(725 ILCS 5/124B-1045 new)
Sec. 124B-1045. Definition. "Telecommunications device"
means a device which is portable or which may be installed in a
motor vehicle, boat, or other means of transportation, and
which is capable of receiving or transmitting speech, data,
signals, or other information, including but not limited to
paging devices, cellular and mobile telephones, and radio
transceivers, transmitters and receivers, but not including

radios designed to receive only standard AM and FM broadcasts.
(725 ILCS 5/124B-1050 new)
Sec. 124B-1050. Standard forfeiture provisions
incorporated by reference. All of the provisions of Part 100 of
this Article are incorporated by reference into this Part 1000.
Section 10-960. The Child Murderer and Violent Offender
Against Youth Registration Act is amended by changing Section 5
as follows:
(730 ILCS 154/5)
Sec. 5. Definitions.
(a) As used in this Act, "violent offender against youth"
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
violent offense against youth set forth in subsection (b)
of this Section or the attempt to commit an included
violent offense against youth, 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 subsection (c) of Section 104-25 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
subsection (a) of Section 104-25 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
subsection (c) of Section 104-25 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
subsection (c) of Section 104-25 of the Code of
Criminal Procedure of 1963 for the alleged violation or
attempted commission of such offense; or
(2) 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 subsection (b) or (c-5) of this Section or a

violation of any substantially similar federal, Uniform
Code of Military Justice, sister state, or foreign country
law, or found guilty under Article V of the Juvenile Court
Act of 1987 of committing or attempting to commit an act
which, if committed by an adult, would constitute any of
the offenses specified in subsection (b) 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 Act as one conviction. Any
conviction set aside pursuant to law is not a conviction for
purposes of this Act.
For purposes of this Section, "convicted" shall have the
same meaning as "adjudicated". For the purposes of this Act, a
person who is defined as a violent offender against youth as a
result of being adjudicated a juvenile delinquent under
paragraph (2) of this subsection (a) upon attaining 17 years of
age shall be considered as having committed the violent offense
against youth on or after the 17th birthday of the violent
offender against youth. Registration of juveniles upon
attaining 17 years of age shall not extend the original
registration of 10 years from the date of conviction.
(b) As used in this Act, "violent offense against youth"
means:

(1) A violation of any of the following Sections of the
Criminal Code of 1961, when the victim is a person under 18
years of age 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).
An attempt to commit any of these offenses.
(2) First degree murder under Section 9-1 of the
Criminal Code of 1961, 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.
(3) Child abduction under paragraph (10) of subsection
(b) of Section 10-5 of the Criminal Code of 1961 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.
(4) A violation or attempted violation of the following
Section of the Criminal Code of 1961 when the offense was
committed on or after July 1, 1999:
10-4 (forcible detention, if the victim is under 18
years of age).
(4.1) Involuntary manslaughter under Section 9-3 of

the Criminal Code of 1961 where baby shaking was the
proximate cause of death of the victim of the offense.
(4.2) Endangering the life or health of a child under
Section 12-21.6 or 12C-5 of the Criminal Code of 1961 that
results in the death of the child where baby shaking was
the proximate cause of the death of the child.
(4.3) Domestic battery resulting in bodily harm under
Section 12-3.2 of the Criminal Code of 1961 when the
defendant was 18 years or older and the victim was under 18
years of age and the offense was committed on or after July
26, 2010.
(4.4) A violation or attempted violation of any of the
following Sections or clauses of the Criminal Code of 1961
when the victim was under 18 years of age and the offense
was committed on or after (1) July 26, 2000 if the
defendant was 18 years of age or older or (2) July 26, 2010
and the defendant was under the age of 18:
12-3.3 (aggravated domestic battery),
12-3.05(a)(1), 12-3.05(d)(2), 12-3.05(f)(1),
12-4(a), 12-4(b)(1) or 12-4(b)(14) (aggravated
battery),
12-3.05(a)(2) or 12-4.1 (heinous battery),
12-3.05(b) or 12-4.3 (aggravated battery of a
child),
12-3.1(a-5) or 12-4.4 (aggravated battery of an
unborn child),

12-33 (ritualized abuse of a child).
(4.5) A violation or attempted violation of any of the
following Sections of the Criminal Code of 1961 when the
victim was under 18 years of age and the offense was
committed on or after (1) August 1, 2001 if the defendant
was 18 years of age or older or (2) August 1, 2011 and the
defendant was under the age of 18:
12-3.05(e)(1), (2), (3), or (4) or 12-4.2
(aggravated battery with a firearm),
12-3.05(e)(5), (6), (7), or (8) or 12-4.2-5
(aggravated battery with a machine gun),
12-11 (home invasion).
(5) A violation of any former law of this State
substantially equivalent to any offense listed in this
subsection (b).
(b-5) For the purposes of this Section, "first degree
murder of an adult" means first degree murder under Section 9-1
of the Criminal Code of 1961 when the victim was a person 18
years of age or older at the time of the commission of the
offense.
(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) and (c-5) of this Section shall
constitute a conviction for the purpose of this Act.
(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, against
a person under 18 years of age, shall be required to register
for natural life. A conviction for an offense of federal,
Uniform Code of Military Justice, sister state, or foreign
country law that is substantially equivalent to any offense
listed in this subsection (c-5) shall constitute a conviction
for the purpose of this Act. This subsection (c-5) applies to a
person who committed the offense before June 1, 1996 only if
the person is incarcerated in an Illinois Department of
Corrections facility on August 20, 2004.
(c-6) A person who is convicted or adjudicated delinquent
of first degree murder of an adult shall be required to
register for a period of 10 years after conviction or
adjudication if not confined to a penal institution, hospital,
or any other institution or facility, and if confined, for a
period of 10 years after parole, discharge, or release from any
such facility. 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 Act. 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) this amendatory Act of the 97th General
Assembly.

(d) As used in this Act, "law enforcement agency having
jurisdiction" means the Chief of Police in each of the
municipalities in which the violent offender against youth
expects to reside, work, or attend school (1) upon his or her
discharge, parole or release or (2) during the service of his
or her sentence of probation or conditional discharge, or the
Sheriff of the county, in the event no Police Chief exists or
if the offender intends to reside, work, or attend school in an
unincorporated area. "Law enforcement agency having
jurisdiction" includes the location where out-of-state
students attend school and where out-of-state employees are
employed or are otherwise required to register.
(e) As used in this Act, "supervising officer" means the
assigned Illinois Department of Corrections parole agent or
county probation officer.
(f) As used in this Act, "out-of-state student" means any
violent offender against youth 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 Act, "out-of-state employee" means any
violent offender against youth 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 Act, "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 Act, "fixed residence" means any and
all places that a violent offender against youth resides for an
aggregate period of time of 5 or more days in a calendar year.
(j) As used in this Act, "baby shaking" means the vigorous
shaking of an infant or a young child that may result in
bleeding inside the head and cause one or more of the following
conditions: irreversible brain damage; blindness, retinal
hemorrhage, or eye damage; cerebral palsy; hearing loss; spinal
cord injury, including paralysis; seizures; learning
disability; central nervous system injury; closed head injury;
rib fracture; subdural hematoma; or death.
(Source: P.A. 96-1115, eff. 1-1-11; 96-1294, eff. 7-26-10;
97-154, eff. 1-1-12; 97-333, eff. 8-12-11; 97-432, eff.
8-16-11; revised 10-4-11.)
Section 10-965. The Adoption Act is amended by changing
Section 14 as follows:
(750 ILCS 50/14) (from Ch. 40, par. 1517)

Sec. 14. Judgment.
(a) Prior to the entry of the judgment for order of
adoption in any case other than an adoption of a related child
or of an adult, each petitioner and each person, agency,
association, corporation, institution, society or organization
involved in the adoption of the child, except a child welfare
agency, shall execute an affidavit setting forth the hospital
and medical costs, legal fees, counseling fees, and any other
fees or expenditures paid in accordance with the Adoption
Compensation Prohibition Act or Section 12C-70 of the Criminal
Code of 1961.
(b) Before the entry of the judgment for adoption, each
child welfare agency involved in the adoption of the child
shall file an affidavit concerning the costs, expenses,
contributions, fees, compensation, or other things of value
which have been given, promised, or received including but not
limited to hospital and medical costs, legal fees, social
services, living expenses, or any other expenses related to the
adoption paid in accordance with the Adoption Compensation
Prohibition Act or Section 12C-70 of the Criminal Code of 1961.
If the total amount paid by the child welfare agency is
$4,500 or more, the affidavit shall contain an itemization of
expenditures.
If the total amount paid by the child welfare agency is
less than $4,500, the agency may file an unitemized affidavit
stating that the total amount paid is less than $4,500 unless

the court, in its discretion, requires that agency to file an
itemized affidavit.
(c) No affidavit need be filed in the case of an adoption
of a related child or an adult, nor shall an affidavit be
required to be filed by a non-consenting parent, or by any
judge, or clerk, involved in an official capacity in the
adoption proceedings.
(d) All affidavits filed in accordance with this Section
shall be under penalty of perjury and shall include, but are
not limited to, hospital and medical costs, legal fees, social
services, living expenses or any other expenses related to the
adoption or to the placement of the child, whether or not the
payments are permitted by applicable laws.
(e) Upon the expiration of 6 months after the date of any
interim order vesting temporary care, custody and control of a
child, other than a related child, in the petitioners, entered
pursuant to this Act, the petitioners may apply to the court
for a judgment of adoption. Notice of such application shall be
served by the petitioners upon the investigating agency or the
person making such investigation, and the guardian ad litem.
After the hearing on such application, at which the petitioners
and the child shall appear in person, unless their presence is
waived by the court for good cause shown, the court may enter a
judgment for adoption, provided the court is satisfied from the
report of the investigating agency or the person making the
investigation, and from the evidence, if any, introduced, that

the adoption is for the welfare of the child and that there is
a valid consent, or that no consent is required as provided in
Section 8 of this Act.
(f) A judgment for adoption of a related child, an adult,
or a child as to whose adoption an agency or person authorized
by law has the right of authority to consent may be entered at
any time after service of process and after the return day
designated therein.
(f-5) A standby adoption judgment may be entered upon
notice of the death of the consenting parent or upon the
consenting parent's request that a final judgment for adoption
be entered. The notice must be provided to the court within 60
days after the standby adoptive parent's receipt of knowledge
of death of the consenting parent or the consenting parent's
request that a final judgment for adoption be entered. If the
court finds that adoption is for the welfare of the child and
that there is a valid consent, including consent for standby
adoption, which is still in effect, or that no consent is
required under Section 8 of the Act, a judgment for adoption
shall be entered unless the court finds by clear and convincing
evidence that it is no longer in the best interest of the child
for the adoption to be finalized.
(g) No special findings of fact or certificate of evidence
shall be necessary in any case to support the judgment.
(h) Only the circuit court that entered the judgment of the
adoption may order the issuance of any contents of the court

file or that the original birth record of the adoptee be
provided to any persons.
(Source: P.A. 93-732, eff. 1-1-05.)
ARTICLE 15
Section 15-5. The Children and Family Services Act is
amended by changing Section 7 as follows:
(20 ILCS 505/7) (from Ch. 23, par. 5007)
Sec. 7. Placement of children; considerations.
(a) In placing any child under this Act, the Department
shall place such child, as far as possible, in the care and
custody of some individual holding the same religious belief as
the parents of the child, or with some child care facility
which is operated by persons of like religious faith as the
parents of such child.
(b) In placing a child under this Act, the Department may
place a child with a relative if the Department determines that
the relative will be able to adequately provide for the child's
safety and welfare based on the factors set forth in the
Department's rules governing relative placements, and that the
placement is consistent with the child's best interests, taking
into consideration the factors set out in subsection (4.05) of
Section 1-3 of the Juvenile Court Act of 1987.
When the Department first assumes custody of a child, in

placing that child under this Act, the Department shall make
reasonable efforts to identify and locate a relative who is
ready, willing, and able to care for the child. At a minimum,
these efforts shall be renewed each time the child requires a
placement change and it is appropriate for the child to be
cared for in a home environment. The Department must document
its efforts to identify and locate such a relative placement
and maintain the documentation in the child's case file.
If the Department determines that a placement with any
identified relative is not in the child's best interests or
that the relative does not meet the requirements to be a
relative caregiver, as set forth in Department rules or by
statute, the Department must document the basis for that
decision and maintain the documentation in the child's case
file.
If, pursuant to the Department's rules, any person files an
administrative appeal of the Department's decision not to place
a child with a relative, it is the Department's burden to prove
that the decision is consistent with the child's best
interests.
When the Department determines that the child requires
placement in an environment, other than a home environment, the
Department shall continue to make reasonable efforts to
identify and locate relatives to serve as visitation resources
for the child and potential future placement resources, except
when the Department determines that those efforts would be

futile or inconsistent with the child's best interests.
If the Department determines that efforts to identify and
locate relatives would be futile or inconsistent with the
child's best interests, the Department shall document the basis
of its determination and maintain the documentation in the
child's case file.
If the Department determines that an individual or a group
of relatives are inappropriate to serve as visitation resources
or possible placement resources, the Department shall document
the basis of its determination and maintain the documentation
in the child's case file.
When the Department determines that an individual or a
group of relatives are appropriate to serve as visitation
resources or possible future placement resources, the
Department shall document the basis of its determination,
maintain the documentation in the child's case file, create a
visitation or transition plan, or both, and incorporate the
visitation or transition plan, or both, into the child's case
plan. For the purpose of this subsection, any determination as
to the child's best interests shall include consideration of
the factors set out in subsection (4.05) of Section 1-3 of the
Juvenile Court Act of 1987.
The Department may not place a child with a relative, with
the exception of certain circumstances which may be waived as
defined by the Department in rules, if the results of a check
of the Law Enforcement Agencies Data System (LEADS) identifies

a prior criminal conviction of the relative or any adult member
of the relative's household for any of the following offenses
under the Criminal Code of 1961:
(1) murder;
(1.1) solicitation of murder;
(1.2) solicitation of murder for hire;
(1.3) intentional homicide of an unborn child;
(1.4) voluntary manslaughter of an unborn child;
(1.5) involuntary manslaughter;
(1.6) reckless homicide;
(1.7) concealment of a homicidal death;
(1.8) involuntary manslaughter of an unborn child;
(1.9) reckless homicide of an unborn child;
(1.10) drug-induced homicide;
(2) a sex offense under Article 11, except offenses
described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
11-40, and 11-45;
(3) kidnapping;
(3.1) aggravated unlawful restraint;
(3.2) forcible detention;
(3.3) aiding and abetting child abduction;
(4) aggravated kidnapping;
(5) child abduction;
(6) aggravated battery of a child as described in
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
(7) criminal sexual assault;

(8) aggravated criminal sexual assault;
(8.1) predatory criminal sexual assault of a child;
(9) criminal sexual abuse;
(10) aggravated sexual abuse;
(11) heinous battery as described in Section 12-4.1 or
subdivision (a)(2) of Section 12-3.05;
(12) aggravated battery with a firearm as described in
Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
(e)(4) of Section 12-3.05;
(13) tampering with food, drugs, or cosmetics;
(14) drug-induced infliction of great bodily harm as
described in Section 12-4.7 or subdivision (g)(1) of
Section 12-3.05;
(15) aggravated stalking;
(16) home invasion;
(17) vehicular invasion;
(18) criminal transmission of HIV;
(19) criminal abuse or neglect of an elderly or
disabled person as described in Section 12-21 or subsection
(b) of Section 12-4.4a;
(20) child abandonment;
(21) endangering the life or health of a child;
(22) ritual mutilation;
(23) ritualized abuse of a child;
(24) an offense in any other state the elements of
which are similar and bear a substantial relationship to

any of the foregoing offenses.
For the purpose of this subsection, "relative" shall include
any person, 21 years of age or over, other than the parent, who
(i) is currently related to the child in any of the following
ways by blood or adoption: grandparent, sibling,
great-grandparent, uncle, aunt, nephew, niece, first cousin,
second cousin, godparent, great-uncle, or great-aunt; or (ii)
is the spouse of such a relative; or (iii) is the child's
step-father, step-mother, or adult step-brother or
step-sister; "relative" also includes a person related in any
of the foregoing ways to a sibling of a child, even though the
person is not related to the child, when the child and its
sibling are placed together with that person. For children who
have been in the guardianship of the Department, have been
adopted, and are subsequently returned to the temporary custody
or guardianship of the Department, a "relative" may also
include any person who would have qualified as a relative under
this paragraph prior to the adoption, but only if the
Department determines, and documents, that it would be in the
child's best interests to consider this person a relative,
based upon the factors for determining best interests set forth
in subsection (4.05) of Section 1-3 of the Juvenile Court Act
of 1987. A relative with whom a child is placed pursuant to
this subsection may, but is not required to, apply for
licensure as a foster family home pursuant to the Child Care
Act of 1969; provided, however, that as of July 1, 1995, foster

care payments shall be made only to licensed foster family
homes pursuant to the terms of Section 5 of this Act.
(c) In placing a child under this Act, the Department shall
ensure that the child's health, safety, and best interests are
met. In rejecting placement of a child with an identified
relative, the Department shall ensure that the child's health,
safety, and best interests are met. In evaluating the best
interests of the child, the Department shall take into
consideration the factors set forth in subsection (4.05) of
Section 1-3 of the Juvenile Court Act of 1987.
The Department shall consider the individual needs of the
child and the capacity of the prospective foster or adoptive
parents to meet the needs of the child. When a child must be
placed outside his or her home and cannot be immediately
returned to his or her parents or guardian, a comprehensive,
individualized assessment shall be performed of that child at
which time the needs of the child shall be determined. Only if
race, color, or national origin is identified as a legitimate
factor in advancing the child's best interests shall it be
considered. Race, color, or national origin shall not be
routinely considered in making a placement decision. The
Department shall make special efforts for the diligent
recruitment of potential foster and adoptive families that
reflect the ethnic and racial diversity of the children for
whom foster and adoptive homes are needed. "Special efforts"
shall include contacting and working with community

organizations and religious organizations and may include
contracting with those organizations, utilizing local media
and other local resources, and conducting outreach activities.
(c-1) At the time of placement, the Department shall
consider concurrent planning, as described in subsection (l-1)
of Section 5, so that permanency may occur at the earliest
opportunity. Consideration should be given so that if
reunification fails or is delayed, the placement made is the
best available placement to provide permanency for the child.
(d) The Department may accept gifts, grants, offers of
services, and other contributions to use in making special
recruitment efforts.
(e) The Department in placing children in adoptive or
foster care homes may not, in any policy or practice relating
to the placement of children for adoption or foster care,
discriminate against any child or prospective adoptive or
foster parent on the basis of race.
(Source: P.A. 96-1551, Article 1, Section 900, eff. 7-1-11;
96-1551, Article 2, Section 920, eff. 7-1-11; revised 9-30-11.)
Section 15-10. The Criminal Identification Act is amended
by changing Section 5.2 as follows:
(20 ILCS 2630/5.2)
Sec. 5.2. Expungement and sealing.
(a) General Provisions.

(1) Definitions. In this Act, words and phrases have
the meanings set forth in this subsection, except when a
particular context clearly requires a different meaning.
(A) The following terms shall have the meanings
ascribed to them in the Unified Code of Corrections,
730 ILCS 5/5-1-2 through 5/5-1-22:
(i) Business Offense (730 ILCS 5/5-1-2),
(ii) Charge (730 ILCS 5/5-1-3),
(iii) Court (730 ILCS 5/5-1-6),
(iv) Defendant (730 ILCS 5/5-1-7),
(v) Felony (730 ILCS 5/5-1-9),
(vi) Imprisonment (730 ILCS 5/5-1-10),
(vii) Judgment (730 ILCS 5/5-1-12),
(viii) Misdemeanor (730 ILCS 5/5-1-14),
(ix) Offense (730 ILCS 5/5-1-15),
(x) Parole (730 ILCS 5/5-1-16),
(xi) Petty Offense (730 ILCS 5/5-1-17),
(xii) Probation (730 ILCS 5/5-1-18),
(xiii) Sentence (730 ILCS 5/5-1-19),
(xiv) Supervision (730 ILCS 5/5-1-21), and
(xv) Victim (730 ILCS 5/5-1-22).
(B) As used in this Section, "charge not initiated
by arrest" means a charge (as defined by 730 ILCS
5/5-1-3) brought against a defendant where the
defendant is not arrested prior to or as a direct
result of the charge.

(C) "Conviction" means a judgment of conviction or
sentence entered upon a plea of guilty or upon a
verdict or finding of guilty of an offense, rendered by
a legally constituted jury or by a court of competent
jurisdiction authorized to try the case without a jury.
An order of supervision successfully completed by the
petitioner is not a conviction. An order of qualified
probation (as defined in subsection (a)(1)(J))
successfully completed by the petitioner is not a
conviction. An order of supervision or an order of
qualified probation that is terminated
unsatisfactorily is a conviction, unless the
unsatisfactory termination is reversed, vacated, or
modified and the judgment of conviction, if any, is
reversed or vacated.
(D) "Criminal offense" means a petty offense,
business offense, misdemeanor, felony, or municipal
ordinance violation (as defined in subsection
(a)(1)(H)). As used in this Section, a minor traffic
offense (as defined in subsection (a)(1)(G)) shall not
be considered a criminal offense.
(E) "Expunge" means to physically destroy the
records or return them to the petitioner and to
obliterate the petitioner's name from any official
index or public record, or both. Nothing in this Act
shall require the physical destruction of the circuit

court file, but such records relating to arrests or
charges, or both, ordered expunged shall be impounded
as required by subsections (d)(9)(A)(ii) and
(d)(9)(B)(ii).
(F) As used in this Section, "last sentence" means
the sentence, order of supervision, or order of
qualified probation (as defined by subsection
(a)(1)(J)), for a criminal offense (as defined by
subsection (a)(1)(D)) that terminates last in time in
any jurisdiction, regardless of whether the petitioner
has included the criminal offense for which the
sentence or order of supervision or qualified
probation was imposed in his or her petition. If
multiple sentences, orders of supervision, or orders
of qualified probation terminate on the same day and
are last in time, they shall be collectively considered
the "last sentence" regardless of whether they were
ordered to run concurrently.
(G) "Minor traffic offense" means a petty offense,
business offense, or Class C misdemeanor under the
Illinois Vehicle Code or a similar provision of a
municipal or local ordinance.
(H) "Municipal ordinance violation" means an
offense defined by a municipal or local ordinance that
is criminal in nature and with which the petitioner was
charged or for which the petitioner was arrested and

released without charging.
(I) "Petitioner" means an adult or a minor
prosecuted as an adult who has applied for relief under
this Section.
(J) "Qualified probation" means an order of
probation under Section 10 of the Cannabis Control Act,
Section 410 of the Illinois Controlled Substances Act,
Section 70 of the Methamphetamine Control and
Community Protection Act, Section 12-4.3(b)(1) and (2)
of the Criminal Code of 1961 (as those provisions
existed before their deletion by Public Act 89-313),
Section 10-102 of the Illinois Alcoholism and Other
Drug Dependency Act, Section 40-10 of the Alcoholism
and Other Drug Abuse and Dependency Act, or Section 10
of the Steroid Control Act. For the purpose of this
Section, "successful completion" of an order of
qualified probation under Section 10-102 of the
Illinois Alcoholism and Other Drug Dependency Act and
Section 40-10 of the Alcoholism and Other Drug Abuse
and Dependency Act means that the probation was
terminated satisfactorily and the judgment of
conviction was vacated.
(K) "Seal" means to physically and electronically
maintain the records, unless the records would
otherwise be destroyed due to age, but to make the
records unavailable without a court order, subject to

the exceptions in Sections 12 and 13 of this Act. The
petitioner's name shall also be obliterated from the
official index required to be kept by the circuit court
clerk under Section 16 of the Clerks of Courts Act, but
any index issued by the circuit court clerk before the
entry of the order to seal shall not be affected.
(L) "Sexual offense committed against a minor"
includes but is not limited to the offenses of indecent
solicitation of a child or criminal sexual abuse when
the victim of such offense is under 18 years of age.
(M) "Terminate" as it relates to a sentence or
order of supervision or qualified probation includes
either satisfactory or unsatisfactory termination of
the sentence, unless otherwise specified in this
Section.
(2) Minor Traffic Offenses. Orders of supervision or
convictions for minor traffic offenses shall not affect a
petitioner's eligibility to expunge or seal records
pursuant to this Section.
(3) Exclusions. Except as otherwise provided in
subsections (b)(5), (b)(6), and (e) of this Section, the
court shall not order:
(A) the sealing or expungement of the records of
arrests or charges not initiated by arrest that result
in an order of supervision for or conviction of: (i)
any sexual offense committed against a minor; (ii)

Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance; or (iii)
Section 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance.
(B) the sealing or expungement of records of minor
traffic offenses (as defined in subsection (a)(1)(G)),
unless the petitioner was arrested and released
without charging.
(C) the sealing of the records of arrests or
charges not initiated by arrest which result in an
order of supervision, an order of qualified probation
(as defined in subsection (a)(1)(J)), or a conviction
for the following offenses:
(i) offenses included in Article 11 of the
Criminal Code of 1961 or a similar provision of a
local ordinance, except Section 11-14 of the
Criminal Code of 1961 or a similar provision of a
local ordinance;
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30, or
26-5 of the Criminal Code of 1961 or a similar
provision of a local ordinance;
(iii) offenses defined as "crimes of violence"
in Section 2 of the Crime Victims Compensation Act
or a similar provision of a local ordinance;
(iv) offenses which are Class A misdemeanors
under the Humane Care for Animals Act; or

(v) any offense or attempted offense that
would subject a person to registration under the
Sex Offender Registration Act.
(D) the sealing of the records of an arrest which
results in the petitioner being charged with a felony
offense or records of a charge not initiated by arrest
for a felony offense unless:
(i) the charge is amended to a misdemeanor and
is otherwise eligible to be sealed pursuant to
subsection (c);
(ii) the charge is brought along with another
charge as a part of one case and the charge results
in acquittal, dismissal, or conviction when the
conviction was reversed or vacated, and another
charge brought in the same case results in a
disposition for a misdemeanor offense that is
eligible to be sealed pursuant to subsection (c) or
a disposition listed in paragraph (i), (iii), or
(iv) of this subsection;
(iii) the charge results in first offender
probation as set forth in subsection (c)(2)(E);
(iv) the charge is for a Class 4 felony offense
listed in subsection (c)(2)(F) or the charge is
amended to a Class 4 felony offense listed in
subsection (c)(2)(F). Records of arrests which
result in the petitioner being charged with a Class

4 felony offense listed in subsection (c)(2)(F),
records of charges not initiated by arrest for
Class 4 felony offenses listed in subsection
(c)(2)(F), and records of charges amended to a
Class 4 felony offense listed in (c)(2)(F) may be
sealed, regardless of the disposition, subject to
any waiting periods set forth in subsection
(c)(3);
(v) the charge results in acquittal,
dismissal, or the petitioner's release without
conviction; or
(vi) the charge results in a conviction, but
the conviction was reversed or vacated.
(b) Expungement.
(1) A petitioner may petition the circuit court to
expunge the records of his or her arrests and charges not
initiated by arrest when:
(A) He or she has never been convicted of a
criminal offense; and
(B) Each arrest or charge not initiated by arrest
sought to be expunged resulted in: (i) acquittal,
dismissal, or the petitioner's release without
charging, unless excluded by subsection (a)(3)(B);
(ii) a conviction which was vacated or reversed, unless
excluded by subsection (a)(3)(B); (iii) an order of
supervision and such supervision was successfully

completed by the petitioner, unless excluded by
subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
qualified probation (as defined in subsection
(a)(1)(J)) and such probation was successfully
completed by the petitioner.
(2) Time frame for filing a petition to expunge.
(A) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an acquittal,
dismissal, the petitioner's release without charging,
or the reversal or vacation of a conviction, there is
no waiting period to petition for the expungement of
such records.
(B) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
supervision, successfully completed by the petitioner,
the following time frames will apply:
(i) Those arrests or charges that resulted in
orders of supervision under Section 3-707, 3-708,
3-710, or 5-401.3 of the Illinois Vehicle Code or a
similar provision of a local ordinance, or under
Section 11-1.50, 12-3.2, or 12-15 of the Criminal
Code of 1961 or a similar provision of a local
ordinance, shall not be eligible for expungement
until 5 years have passed following the
satisfactory termination of the supervision.
(ii) Those arrests or charges that resulted in

orders of supervision for any other offenses shall
not be eligible for expungement until 2 years have
passed following the satisfactory termination of
the supervision.
(C) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
qualified probation, successfully completed by the
petitioner, such records shall not be eligible for
expungement until 5 years have passed following the
satisfactory termination of the probation.
(3) Those records maintained by the Department for
persons arrested prior to their 17th birthday shall be
expunged as provided in Section 5-915 of the Juvenile Court
Act of 1987.
(4) Whenever a person has been arrested for or
convicted of any offense, in the name of a person whose
identity he or she has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization,
upon learning of the person having been arrested using his
or her identity, may, upon verified petition to the chief
judge of the circuit wherein the arrest was made, have a
court order entered nunc pro tunc by the Chief Judge to
correct the arrest record, conviction record, if any, and
all official records of the arresting authority, the
Department, other criminal justice agencies, the

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

offense. However, the records of the arresting authority
and the Department of State Police concerning the offense
shall not be sealed. The court, upon good cause shown,
shall make the records of the circuit court clerk in
connection with the proceedings of the trial court
concerning the offense available for public inspection.
(6) If a conviction has been set aside on direct review
or on collateral attack and the court determines by clear
and convincing evidence that the petitioner was factually
innocent of the charge, the court shall enter an
expungement order as provided in subsection (b) of Section
5-5-4 of the Unified Code of Corrections.
(7) Nothing in this Section shall prevent the
Department of State Police from maintaining all records of
any person who is admitted to probation upon terms and
conditions and who fulfills those terms and conditions
pursuant to Section 10 of the Cannabis Control Act, Section
410 of the Illinois Controlled Substances Act, Section 70
of the 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, Section 10-102 of the
Illinois Alcoholism and Other Drug Dependency Act, Section
40-10 of the Alcoholism and Other Drug Abuse and Dependency
Act, or Section 10 of the Steroid Control Act.
(c) Sealing.
(1) Applicability. Notwithstanding any other provision

of this Act to the contrary, and cumulative with any rights
to expungement of criminal records, this subsection
authorizes the sealing of criminal records of adults and of
minors prosecuted as adults.
(2) Eligible Records. The following records may be
sealed:
(A) All arrests resulting in release without
charging;
(B) Arrests or charges not initiated by arrest
resulting in acquittal, dismissal, or conviction when
the conviction was reversed or vacated, except as
excluded by subsection (a)(3)(B);
(C) Arrests or charges not initiated by arrest
resulting in orders of supervision successfully
completed by the petitioner, unless excluded by
subsection (a)(3);
(D) Arrests or charges not initiated by arrest
resulting in convictions unless excluded by subsection
(a)(3);
(E) Arrests or charges not initiated by arrest
resulting in orders of first offender probation under
Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, or Section 70
of the Methamphetamine Control and Community
Protection Act; and
(F) Arrests or charges not initiated by arrest

resulting in Class 4 felony convictions for the
following offenses:
(i) Section 11-14 of the Criminal Code of 1961;
(ii) Section 4 of the Cannabis Control Act;
(iii) Section 402 of the Illinois Controlled
Substances Act;
(iv) the Methamphetamine Precursor Control
Act; and
(v) the Steroid Control Act.
(3) When Records Are Eligible to Be Sealed. Records
identified as eligible under subsection (c)(2) may be
sealed as follows:
(A) Records identified as eligible under
subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
time.
(B) Records identified as eligible under
subsection (c)(2)(C) may be sealed (i) 3 years after
the termination of petitioner's last sentence (as
defined in subsection (a)(1)(F)) if the petitioner has
never been convicted of a criminal offense (as defined
in subsection (a)(1)(D)); or (ii) 4 years after the
termination of the petitioner's last sentence (as
defined in subsection (a)(1)(F)) if the petitioner has
ever been convicted of a criminal offense (as defined
in subsection (a)(1)(D)).
(C) Records identified as eligible under

subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
sealed 4 years after the termination of the
petitioner's last sentence (as defined in subsection
(a)(1)(F)).
(4) Subsequent felony convictions. A person may not
have subsequent felony conviction records sealed as
provided in this subsection (c) if he or she is convicted
of any felony offense after the date of the sealing of
prior felony convictions as provided in this subsection
(c). The court may, upon conviction for a subsequent felony
offense, order the unsealing of prior felony conviction
records previously ordered sealed by the court.
(5) Notice of eligibility for sealing. Upon entry of a
disposition for an eligible record under this subsection
(c), the petitioner shall be informed by the court of the
right to have the records sealed and the procedures for the
sealing of the records.
(d) Procedure. The following procedures apply to
expungement under subsections (b) and (e), and sealing under
subsection (c):
(1) Filing the petition. Upon becoming eligible to
petition for the expungement or sealing of records under
this Section, the petitioner shall file a petition
requesting the expungement or sealing of records with the
clerk of the court where the arrests occurred or the
charges were brought, or both. If arrests occurred or

charges were brought in multiple jurisdictions, a petition
must be filed in each such jurisdiction. The petitioner
shall pay the applicable fee, if not waived.
(2) Contents of petition. The petition shall be
verified and shall contain the petitioner's name, date of
birth, current address and, for each arrest or charge not
initiated by arrest sought to be sealed or expunged, the
case number, the date of arrest (if any), the identity of
the arresting authority, and such other information as the
court may require. During the pendency of the proceeding,
the petitioner shall promptly notify the circuit court
clerk of any change of his or her address.
(3) Drug test. The petitioner must attach to the
petition proof that the petitioner has passed a test taken
within 30 days before the filing of the petition showing
the absence within his or her body of all illegal
substances as defined by the Illinois Controlled
Substances Act, the Methamphetamine Control and Community
Protection Act, and the Cannabis Control Act if he or she
is petitioning to seal felony records pursuant to clause
(c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is
petitioning to expunge felony records of a qualified
probation pursuant to clause (b)(1)(B)(iv).
(4) Service of petition. The circuit court clerk shall
promptly serve a copy of the petition on the State's
Attorney or prosecutor charged with the duty of prosecuting

the offense, the Department of State Police, the arresting
agency and the chief legal officer of the unit of local
government effecting the arrest.
(5) Objections.
(A) Any party entitled to notice of the petition
may file an objection to the petition. All objections
shall be in writing, shall be filed with the circuit
court clerk, and shall state with specificity the basis
of the objection.
(B) Objections to a petition to expunge or seal
must be filed within 60 days of the date of service of
the petition.
(6) Entry of order.
(A) The Chief Judge of the circuit wherein the
charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less
than 3,000,000 inhabitants, the presiding trial judge
at the petitioner's trial, if any, shall rule on the
petition to expunge or seal as set forth in this
subsection (d)(6).
(B) Unless the State's Attorney or prosecutor, the
Department of State Police, the arresting agency, or
the chief legal officer files an objection to the
petition to expunge or seal within 60 days from the
date of service of the petition, the court shall enter
an order granting or denying the petition.

(7) Hearings. If an objection is filed, the court shall
set a date for a hearing and notify the petitioner and all
parties entitled to notice of the petition of the hearing
date at least 30 days prior to the hearing, and shall hear
evidence on whether the petition should or should not be
granted, and shall grant or deny the petition to expunge or
seal the records based on the evidence presented at the
hearing.
(8) Service of order. After entering an order to
expunge or seal records, the court must provide copies of
the order to the Department, in a form and manner
prescribed by the Department, to the petitioner, to the
State's Attorney or prosecutor charged with the duty of
prosecuting the offense, to the arresting agency, to the
chief legal officer of the unit of local government
effecting the arrest, and to such other criminal justice
agencies as may be ordered by the court.
(9) Effect of order.
(A) Upon entry of an order to expunge records
pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency,
the Department, and any other agency as ordered by
the court, within 60 days of the date of service of
the order, unless a motion to vacate, modify, or
reconsider the order is filed pursuant to

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

upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Department within 60 days of the date of service of
the order as ordered by the court, unless a motion
to vacate, modify, or reconsider the order is filed
pursuant to paragraph (12) of subsection (d) of
this Section;
(iv) records impounded by the Department may
be disseminated by the Department only as required
by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for the
same or a similar offense or for the purpose of
sentencing for any subsequent felony, and to the
Department of Corrections upon conviction for any
offense; and
(v) in response to an inquiry for such records
from anyone not authorized by law to access such
records the court, the Department, or the agency
receiving such inquiry shall reply as it does in
response to inquiries when no records ever
existed.

(C) Upon entry of an order to seal records under
subsection (c), the arresting agency, any other agency
as ordered by the court, the Department, and the court
shall seal the records (as defined in subsection
(a)(1)(K)). In response to an inquiry for such records
from anyone not authorized by law to access such
records the court, the Department, or the agency
receiving such inquiry shall reply as it does in
response to inquiries when no records ever existed.
(10) Fees. The Department may charge the petitioner a
fee equivalent to the cost of processing any order to
expunge or seal records. Notwithstanding any provision of
the Clerks of Courts Act to the contrary, the circuit court
clerk may charge a fee equivalent to the cost associated
with the sealing or expungement of records by the circuit
court clerk. From the total filing fee collected for the
petition to seal or expunge, the circuit court clerk shall
deposit $10 into the Circuit Court Clerk Operation and
Administrative Fund, to be used to offset the costs
incurred by the circuit court clerk in performing the
additional duties required to serve the petition to seal or
expunge on all parties. The circuit court clerk shall
collect and forward the Department of State Police portion
of the fee to the Department and it shall be deposited in
the State Police Services Fund.
(11) Final Order. No court order issued under the

expungement or sealing provisions of this Section shall
become final for purposes of appeal until 30 days after
service of the order on the petitioner and all parties
entitled to notice of the petition.
(12) Motion to Vacate, Modify, or Reconsider. The
petitioner or any party entitled to notice may file a
motion to vacate, modify, or reconsider the order granting
or denying the petition to expunge or seal within 60 days
of service of the order.
(e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the defendant
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been pardoned but the order
shall not affect any index issued by the circuit court clerk

before the entry of the order. All records sealed by the
Department may be disseminated by the Department only as
required by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for the same or
similar offense or for the purpose of sentencing for any
subsequent felony. Upon conviction for any subsequent offense,
the Department of Corrections shall have access to all sealed
records of the Department pertaining to that individual. Upon
entry of the order of expungement, the circuit court clerk
shall promptly mail a copy of the order to the person who was
pardoned.
(f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of the
Illinois Department of Corrections, records of the Illinois
Department of Employment Security shall be utilized as
appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10;
96-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff.
7-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443,

eff. 8-19-11; revised 9-6-11.)
Section 15-15. The Illinois Municipal Code is amended by
changing Section 10-1-7 as follows:
(65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
Sec. 10-1-7. Examination of applicants; disqualifications.
(a) All applicants for offices or places in the classified
service, except those mentioned in Section 10-1-17, are subject
to examination. The examination shall be public, competitive,
and open to all citizens of the United States, with specified
limitations as to residence, age, health, habits and moral
character.
(b) Residency requirements in effect at the time an
individual enters the fire or police service of a municipality
(other than a municipality that has more than 1,000,000
inhabitants) cannot be made more restrictive for that
individual during his or her period of service for that
municipality, or be made a condition of promotion, except for
the rank or position of Fire or Police Chief.
(c) No person with a record of misdemeanor convictions
except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6,
31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and
(a)(2)(C) of Section 11-14.3, and subsections (1), (6) and (8)

of Section 24-1 of the Criminal Code of 1961 or arrested for
any cause but not convicted on that cause shall be disqualified
from taking the examination on grounds of habits or moral
character, unless the person is attempting to qualify for a
position on the police department, in which case the conviction
or arrest may be considered as a factor in determining the
person's habits or moral character.
(d) Persons entitled to military preference under Section
10-1-16 shall not be subject to limitations specifying age
unless they are applicants for a position as a fireman or a
policeman having no previous employment status as a fireman or
policeman in the regularly constituted fire or police
department of the municipality, in which case they must not
have attained their 35th birthday, except any person who has
served as an auxiliary police officer under Section 3.1-30-20
for at least 5 years and is under 40 years of age.
(e) All employees of a municipality of less than 500,000
population (except those who would be excluded from the
classified service as provided in this Division 1) who are
holding that employment as of the date a municipality adopts
this Division 1, or as of July 17, 1959, whichever date is the
later, and who have held that employment for at least 2 years
immediately before that later date, and all firemen and
policemen regardless of length of service who were either
appointed to their respective positions by the board of fire
and police commissioners under the provisions of Division 2 of

this Article or who are serving in a position (except as a
temporary employee) in the fire or police department in the
municipality on the date a municipality adopts this Division 1,
or as of July 17, 1959, whichever date is the later, shall
become members of the classified civil service of the
municipality without examination.
(f) The examinations shall be practical in their character,
and shall relate to those matters that will fairly test the
relative capacity of the persons examined to discharge the
duties of the positions to which they seek to be appointed. The
examinations shall include tests of physical qualifications,
health, and (when appropriate) manual skill. If an applicant is
unable to pass the physical examination solely as the result of
an injury received by the applicant as the result of the
performance of an act of duty while working as a temporary
employee in the position for which he or she is being examined,
however, the physical examination shall be waived and the
applicant shall be considered to have passed the examination.
No questions in any examination shall relate to political or
religious opinions or affiliations. Results of examinations
and the eligible registers prepared from the results shall be
published by the commission within 60 days after any
examinations are held.
(g) The commission shall control all examinations, and may,
whenever an examination is to take place, designate a suitable
number of persons, either in or not in the official service of

the municipality, to be examiners. The examiners shall conduct
the examinations as directed by the commission and shall make a
return or report of the examinations to the commission. If the
appointed examiners are in the official service of the
municipality, the examiners shall not receive extra
compensation for conducting the examinations. The commission
may at any time substitute any other person, whether or not in
the service of the municipality, in the place of any one
selected as an examiner. The commission members may themselves
at any time act as examiners without appointing examiners. The
examiners at any examination shall not all be members of the
same political party.
(h) In municipalities of 500,000 or more population, no
person who has attained his or her 35th birthday shall be
eligible to take an examination for a position as a fireman or
a policeman unless the person has had previous employment
status as a policeman or fireman in the regularly constituted
police or fire department of the municipality, except as
provided in this Section.
(i) In municipalities of more than 5,000 but not more than
200,000 inhabitants, no person who has attained his or her 35th
birthday shall be eligible to take an examination for a
position as a fireman or a policeman unless the person has had
previous employment status as a policeman or fireman in the
regularly constituted police or fire department of the
municipality, except as provided in this Section.

(j) In all municipalities, applicants who are 20 years of
age and who have successfully completed 2 years of law
enforcement studies at an accredited college or university may
be considered for appointment to active duty with the police
department. An applicant described in this subsection (j) who
is appointed to active duty shall not have power of arrest, nor
shall the applicant be permitted to carry firearms, until he or
she reaches 21 years of age.
(k) In municipalities of more than 500,000 population,
applications for examination for and appointment to positions
as firefighters or police shall be made available at various
branches of the public library of the municipality.
(l) No municipality having a population less than 1,000,000
shall require that any fireman appointed to the lowest rank
serve a probationary employment period of longer than one year.
The limitation on periods of probationary employment provided
in this amendatory Act of 1989 is an exclusive power and
function of the State. Pursuant to subsection (h) of Section 6
of Article VII of the Illinois Constitution, a home rule
municipality having a population less than 1,000,000 must
comply with this limitation on periods of probationary
employment, which is a denial and limitation of home rule
powers. Notwithstanding anything to the contrary in this
Section, the probationary employment period limitation may be
extended for a firefighter who is required, as a condition of
employment, to be a certified paramedic, during which time the

sole reason that a firefighter may be discharged without a
hearing is for failing to meet the requirements for paramedic
certification.
(m) To the extent that this Section or any other Section in
this Division conflicts with Section 10-1-7.1 or 10-1-7.2, then
Section 10-1-7.1 or 10-1-7.2 shall control.
(Source: P.A. 96-1551, eff. 7-1-11; 97-0251, eff. 8-4-11;
revised 9-15-11.)
Section 15-20. The Metropolitan Transit Authority Act is
amended by changing Section 28b as follows:
(70 ILCS 3605/28b) (from Ch. 111 2/3, par. 328b)
Sec. 28b. Any person applying for a position as a driver of
a vehicle owned by a private carrier company which provides
public transportation pursuant to an agreement with the
Authority shall be required to authorize an investigation by
the private carrier company to determine if the applicant has
been convicted of any of the following offenses: (i) those
offenses defined in Sections 9-1, 9-1.2, 10-1, 10-2, 10-3.1,
10-4, 10-5, 10-6, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
11-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1,
11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-22, 11-30, 12-4.3, 12-4.4,
12-4.5, 12-6, 12-7.1, 12-11, 12-13, 12-14, 12-14.1, 12-15,
12-16, 12-16.1, 18-1, 18-2, 20-1, 20-1.1, 31A-1, 31A-1.1, and

33A-2, in subsection (a) and subsection (b), clause (1), of
Section 12-4, in subdivisions (a)(1), (b)(1), and (f)(1) of
Section 12-3.05, and in subsection (a-5) of Section 12-3.1 of
the Criminal Code of 1961; (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; and (v) any offense committed or attempted in
any other state or against the laws of the United States, which
if committed or attempted in this State would be punishable as
one or more of the foregoing offenses. Upon receipt of this
authorization, the private carrier company shall submit the
applicant's name, sex, race, date of birth, fingerprints and
social security number to the Department of State Police on
forms prescribed by the Department. The Department of State
Police shall conduct an investigation to ascertain if the
applicant has been convicted of any of the above enumerated
offenses. The Department shall charge the private carrier
company a fee for conducting the investigation, which fee shall
be deposited in the State Police Services Fund and shall not
exceed the cost of the inquiry; and the applicant shall not be
charged a fee for such investigation by the private carrier
company. The Department of State Police shall furnish, pursuant
to positive identification, records of convictions, until

expunged, to the private carrier company which requested the
investigation. A copy of the record of convictions obtained
from the Department shall be provided to the applicant. Any
record of conviction received by the private carrier company
shall be confidential. Any person who releases any confidential
information concerning any criminal convictions of an
applicant shall be guilty of a Class A misdemeanor, unless
authorized by this Section.
(Source: P.A. 96-1551, Article 1, Section 920, eff. 7-1-11;
96-1551, Article 2, Section 960, eff. 7-1-11; revised 9-30-11.)
Section 15-25. The Child Care Act of 1969 is amended by
changing Section 4.2 as follows:
(225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
Sec. 4.2. (a) No applicant may receive a license from the
Department and no person may be employed by a licensed child
care facility who refuses to authorize an investigation as
required by Section 4.1.
(b) In addition to the other provisions of this Section, no
applicant may receive a license from the Department and no
person may be employed by a child care facility licensed by the
Department who has been declared a sexually dangerous person
under "An Act in relation to sexually dangerous persons, and
providing for their commitment, detention and supervision",
approved July 6, 1938, as amended, or convicted of committing

or attempting to commit any of the following offenses
stipulated under the Criminal Code of 1961:
(1) murder;
(1.1) solicitation of murder;
(1.2) solicitation of murder for hire;
(1.3) intentional homicide of an unborn child;
(1.4) voluntary manslaughter of an unborn child;
(1.5) involuntary manslaughter;
(1.6) reckless homicide;
(1.7) concealment of a homicidal death;
(1.8) involuntary manslaughter of an unborn child;
(1.9) reckless homicide of an unborn child;
(1.10) drug-induced homicide;
(2) a sex offense under Article 11, except offenses
described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
11-40, and 11-45;
(3) kidnapping;
(3.1) aggravated unlawful restraint;
(3.2) forcible detention;
(3.3) harboring a runaway;
(3.4) aiding and abetting child abduction;
(4) aggravated kidnapping;
(5) child abduction;
(6) aggravated battery of a child as described in
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
(7) criminal sexual assault;

(8) aggravated criminal sexual assault;
(8.1) predatory criminal sexual assault of a child;
(9) criminal sexual abuse;
(10) aggravated sexual abuse;
(11) heinous battery as described in Section 12-4.1 or
subdivision (a)(2) of Section 12-3.05;
(12) aggravated battery with a firearm as described in
Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
(e)(4) of Section 12-3.05;
(13) tampering with food, drugs, or cosmetics;
(14) drug induced infliction of great bodily harm as
described in Section 12-4.7 or subdivision (g)(1) of
Section 12-3.05;
(15) hate crime;
(16) stalking;
(17) aggravated stalking;
(18) threatening public officials;
(19) home invasion;
(20) vehicular invasion;
(21) criminal transmission of HIV;
(22) criminal abuse or neglect of an elderly or
disabled person as described in Section 12-21 or subsection
(b) of Section 12-4.4a;
(23) child abandonment;
(24) endangering the life or health of a child;
(25) ritual mutilation;

(26) ritualized abuse of a child;
(27) an offense in any other jurisdiction the elements
of which are similar and bear a substantial relationship to
any of the foregoing offenses.
(b-1) In addition to the other provisions of this Section,
beginning January 1, 2004, no new applicant and, on the date of
licensure renewal, no current licensee may operate or receive a
license from the Department to operate, no person may be
employed by, and no adult person may reside in a child care
facility licensed by the Department who has been convicted of
committing or attempting to commit any of the following
offenses or an offense in any other jurisdiction the elements
of which are similar and bear a substantial relationship to any
of the following offenses:
(I) BODILY HARM
(1) Felony aggravated assault.
(2) Vehicular endangerment.
(3) Felony domestic battery.
(4) Aggravated battery.
(5) Heinous battery.
(6) Aggravated battery with a firearm.
(7) Aggravated battery of an unborn child.
(8) Aggravated battery of a senior citizen.
(9) Intimidation.

(10) Compelling organization membership of persons.
(11) Abuse and criminal neglect of a long term care
facility resident.
(12) Felony violation of an order of protection.
(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
(1) Felony unlawful use of weapons.
(2) Aggravated discharge of a firearm.
(3) Reckless discharge of a firearm.
(4) Unlawful use of metal piercing bullets.
(5) Unlawful sale or delivery of firearms on the
premises of any school.
(6) Disarming a police officer.
(7) Obstructing justice.
(8) Concealing or aiding a fugitive.
(9) Armed violence.
(10) Felony contributing to the criminal delinquency
of a juvenile.
(III) DRUG OFFENSES
(1) Possession of more than 30 grams of cannabis.
(2) Manufacture of more than 10 grams of cannabis.
(3) Cannabis trafficking.
(4) Delivery of cannabis on school grounds.

(5) Unauthorized production of more than 5 cannabis
sativa plants.
(6) Calculated criminal cannabis conspiracy.
(7) Unauthorized manufacture or delivery of controlled
substances.
(8) Controlled substance trafficking.
(9) Manufacture, distribution, or advertisement of
look-alike substances.
(10) Calculated criminal drug conspiracy.
(11) Street gang criminal drug conspiracy.
(12) Permitting unlawful use of a building.
(13) Delivery of controlled, counterfeit, or
look-alike substances to persons under age 18, or at truck
stops, rest stops, or safety rest areas, or on school
property.
(14) Using, engaging, or employing persons under 18 to
deliver controlled, counterfeit, or look-alike substances.
(15) Delivery of controlled substances.
(16) Sale or delivery of drug paraphernalia.
(17) Felony possession, sale, or exchange of
instruments adapted for use of a controlled substance,
methamphetamine, or cannabis by subcutaneous injection.
(18) Felony possession of a controlled substance.
(19) Any violation of the Methamphetamine Control and
Community Protection Act.
(b-2) For child care facilities other than foster family

homes, the Department may issue a new child care facility
license to or renew the existing child care facility license of
an applicant, a person employed by a child care facility, or an
applicant who has an adult residing in a home child care
facility who was convicted of an offense described in
subsection (b-1), provided that all of the following
requirements are met:
(1) The relevant criminal offense occurred more than 5
years prior to the date of application or renewal, except
for drug offenses. The relevant drug offense must have
occurred more than 10 years prior to the date of
application or renewal, unless the applicant passed a drug
test, arranged and paid for by the child care facility, no
less than 5 years after the offense.
(2) The Department must conduct a background check and
assess all convictions and recommendations of the child
care facility to determine if waiver shall apply in
accordance with Department administrative rules and
procedures.
(3) The applicant meets all other requirements and
qualifications to be licensed as the pertinent type of
child care facility under this Act and the Department's
administrative rules.
(c) In addition to the other provisions of this Section, no
applicant may receive a license from the Department to operate
a foster family home, and no adult person may reside in a

foster family home licensed by the Department, who has been
convicted of committing or attempting to commit any of the
following offenses stipulated under the Criminal Code of 1961,
the Cannabis Control Act, the Methamphetamine Control and
Community Protection Act, and the Illinois Controlled
Substances Act:
(I) OFFENSES DIRECTED AGAINST THE PERSON
(A) KIDNAPPING AND RELATED OFFENSES
(1) Unlawful restraint.
(B) BODILY HARM
(2) Felony aggravated assault.
(3) Vehicular endangerment.
(4) Felony domestic battery.
(5) Aggravated battery.
(6) Heinous battery.
(7) Aggravated battery with a firearm.
(8) Aggravated battery of an unborn child.
(9) Aggravated battery of a senior citizen.
(10) Intimidation.
(11) Compelling organization membership of persons.
(12) Abuse and criminal neglect of a long term care
facility resident.
(13) Felony violation of an order of protection.

(II) OFFENSES DIRECTED AGAINST PROPERTY
(14) Felony theft.
(15) Robbery.
(16) Armed robbery.
(17) Aggravated robbery.
(18) Vehicular hijacking.
(19) Aggravated vehicular hijacking.
(20) Burglary.
(21) Possession of burglary tools.
(22) Residential burglary.
(23) Criminal fortification of a residence or
building.
(24) Arson.
(25) Aggravated arson.
(26) Possession of explosive or explosive incendiary
devices.
(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
(27) Felony unlawful use of weapons.
(28) Aggravated discharge of a firearm.
(29) Reckless discharge of a firearm.
(30) Unlawful use of metal piercing bullets.
(31) Unlawful sale or delivery of firearms on the

premises of any school.
(32) Disarming a police officer.
(33) Obstructing justice.
(34) Concealing or aiding a fugitive.
(35) Armed violence.
(36) Felony contributing to the criminal delinquency
of a juvenile.
(IV) DRUG OFFENSES
(37) Possession of more than 30 grams of cannabis.
(38) Manufacture of more than 10 grams of cannabis.
(39) Cannabis trafficking.
(40) Delivery of cannabis on school grounds.
(41) Unauthorized production of more than 5 cannabis
sativa plants.
(42) Calculated criminal cannabis conspiracy.
(43) Unauthorized manufacture or delivery of
controlled substances.
(44) Controlled substance trafficking.
(45) Manufacture, distribution, or advertisement of
look-alike substances.
(46) Calculated criminal drug conspiracy.
(46.5) Streetgang criminal drug conspiracy.
(47) Permitting unlawful use of a building.
(48) Delivery of controlled, counterfeit, or

look-alike substances to persons under age 18, or at truck
stops, rest stops, or safety rest areas, or on school
property.
(49) Using, engaging, or employing persons under 18 to
deliver controlled, counterfeit, or look-alike substances.
(50) Delivery of controlled substances.
(51) Sale or delivery of drug paraphernalia.
(52) Felony possession, sale, or exchange of
instruments adapted for use of a controlled substance,
methamphetamine, or cannabis by subcutaneous injection.
(53) Any violation of the Methamphetamine Control and
Community Protection Act.
(d) Notwithstanding subsection (c), the Department may
issue a new foster family home license or may renew an existing
foster family home license of an applicant who was convicted of
an offense described in subsection (c), provided all of the
following requirements are met:
(1) The relevant criminal offense or offenses occurred
more than 10 years prior to the date of application or
renewal.
(2) The applicant had previously disclosed the
conviction or convictions to the Department for purposes of
a background check.
(3) After the disclosure, the Department either placed
a child in the home or the foster family home license was
issued.

(4) During the background check, the Department had
assessed and waived the conviction in compliance with the
existing statutes and rules in effect at the time of the
waiver.
(5) The applicant meets all other requirements and
qualifications to be licensed as a foster family home under
this Act and the Department's administrative rules.
(6) The applicant has a history of providing a safe,
stable home environment and appears able to continue to
provide a safe, stable home environment.
(Source: P.A. 96-1551, Article 1, Section 925, eff. 7-1-11;
96-1551, Article 2, Section 990, eff. 7-1-11; revised 9-30-11.)
Section 15-30. The Nursing Home Administrators Licensing
and Disciplinary Act is amended by changing Section 17 as
follows:
(225 ILCS 70/17) (from Ch. 111, par. 3667)
Sec. 17. Grounds for disciplinary action.
(a) The Department may impose fines not to exceed $10,000
or may refuse to issue or to renew, or may revoke, suspend,
place on probation, censure, reprimand or take other
disciplinary or non-disciplinary action with regard to the
license of any person, for any one or combination of the
following causes:
(1) Intentional material misstatement in furnishing

information to the Department.
(2) Conviction of or entry of a plea of guilty or nolo
contendere to any crime that is a felony under the laws of
the United States or any state or territory thereof or a
misdemeanor of which an essential element is dishonesty or
that is directly related to the practice of the profession
of nursing home administration.
(3) Making any misrepresentation for the purpose of
obtaining a license, or violating any provision of this
Act.
(4) Immoral conduct in the commission of any act, such
as sexual abuse or sexual misconduct, related to the
licensee's practice.
(5) Failing to respond within 30 days, to a written
request made by the Department for information.
(6) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.
(7) Habitual use or addiction to alcohol, narcotics,
stimulants, or any other chemical agent or drug which
results in the inability to practice with reasonable
judgment, skill or safety.
(8) Discipline by another U.S. jurisdiction if at least
one of the grounds for the discipline is the same or
substantially equivalent to those set forth herein.
(9) A finding by the Department that the licensee,

after having his or her license placed on probationary
status has violated the terms of probation.
(10) Willfully making or filing false records or
reports in his or her practice, including but not limited
to false records filed with State agencies or departments.
(11) Physical illness, mental illness, or other
impairment or disability, including, but not limited to,
deterioration through the aging process, or loss of motor
skill that results in the inability to practice the
profession with reasonable judgment, skill or safety.
(12) Disregard or violation of this Act or of any rule
issued pursuant to this Act.
(13) Aiding or abetting another in the violation of
this Act or any rule or regulation issued pursuant to this
Act.
(14) Allowing one's license to be used by an unlicensed
person.
(15) (Blank).
(16) Professional incompetence in the practice of
nursing home administration.
(17) Conviction of a violation of Section 12-19 or
subsection (a) of Section 12-4.4a of the Criminal Code of
1961 for the abuse and criminal neglect of a long term care
facility resident.
(18) Violation of the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act, or the ID/DD

Community Care Act or of any rule issued under the Nursing
Home Care Act, the Specialized Mental Health
Rehabilitation Act, or the ID/DD Community Care Act. A
final adjudication of a Type "AA" violation of the Nursing
Home Care Act made by the Illinois Department of Public
Health, as identified by rule, relating to the hiring,
training, planning, organizing, directing, or supervising
the operation of a nursing home and a licensee's failure to
comply with this Act or the rules adopted under this Act,
shall create a rebuttable presumption of a violation of
this subsection.
(19) Failure to report to the Department any adverse
final action taken against the licensee by a licensing
authority of another state, territory of the United States,
or foreign country; or by any governmental or law
enforcement agency; or by any court for acts or conduct
similar to acts or conduct that would constitute grounds
for disciplinary action under this Section.
(20) Failure to report to the Department the surrender
of a license or authorization to practice as a nursing home
administrator in another state or jurisdiction for acts or
conduct similar to acts or conduct that would constitute
grounds for disciplinary action under this Section.
(21) Failure to report to the Department any adverse
judgment, settlement, or award arising from a liability
claim related to acts or conduct similar to acts or conduct

that would constitute grounds for disciplinary action
under this Section.
All proceedings to suspend, revoke, place on probationary
status, or take any other disciplinary action as the Department
may deem proper, with regard to a license on any of the
foregoing grounds, must be commenced within 5 years next after
receipt by the Department of (i) a complaint alleging the
commission of or notice of the conviction order for any of the
acts described herein or (ii) a referral for investigation
under Section 3-108 of the Nursing Home Care Act.
The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume their
practice only upon the entry of a Department order based upon a
finding by the Board that they have been determined to be
recovered from mental illness by the court and upon the Board's
recommendation that they be permitted to resume their practice.
The Department, upon the recommendation of the Board, may
adopt rules which set forth standards to be used in determining
what constitutes:
(i) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;
(ii) dishonorable, unethical or unprofessional conduct
of a character likely to deceive, defraud, or harm the
public;

(iii) immoral conduct in the commission of any act
related to the licensee's practice; and
(iv) professional incompetence in the practice of
nursing home administration.
However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
In enforcing this Section, the Department or Board, upon a
showing of a possible violation, may compel any individual
licensed to practice under this Act, or who has applied for
licensure pursuant to this Act, to submit to a mental or
physical examination, or both, as required by and at the
expense of the Department. The examining physician or
physicians shall be those specifically designated by the
Department or Board. The Department or Board may order the
examining physician to present testimony concerning this
mental or physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of the examination. Failure of any individual to submit
to mental or physical examination, when directed, shall be
grounds for suspension of his or her license until such time as
the individual submits to the examination if the Department

finds, after notice and hearing, that the refusal to submit to
the examination was without reasonable cause.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board shall require such individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend, revoke,
or otherwise discipline the license of the individual. Any
individual whose license was granted pursuant to this Act or
continued, reinstated, renewed, disciplined or supervised,
subject to such terms, conditions or restrictions who shall
fail to comply with such terms, conditions or restrictions
shall be referred to the Secretary for a determination as to
whether the licensee shall have his or her license suspended
immediately, pending a hearing by the Department. In instances
in which the Secretary immediately suspends a license under
this Section, a hearing upon such person's license must be
convened by the Board within 30 days after such suspension and
completed without appreciable delay. The Department and Board
shall have the authority to review the subject administrator's
record of treatment and counseling regarding the impairment, to
the extent permitted by applicable federal statutes and

regulations safeguarding the confidentiality of medical
records.
An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to the
Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(b) Any individual or organization acting in good faith,
and not in a wilful and wanton manner, in complying with this
Act by providing any report or other information to the
Department, or assisting in the investigation or preparation of
such information, or by participating in proceedings of the
Department, or by serving as a member of the Board, shall not,
as a result of such actions, be subject to criminal prosecution
or civil damages.
(c) Members of the Board, and persons retained under
contract to assist and advise in an investigation, shall be
indemnified by the State for any actions occurring within the
scope of services on or for the Board, done in good faith and
not wilful and wanton in nature. The Attorney General shall
defend all such actions unless he or she determines either that
there would be a conflict of interest in such representation or
that the actions complained of were not in good faith or were
wilful and wanton.
Should the Attorney General decline representation, a
person entitled to indemnification under this Section shall

have the right to employ counsel of his or her choice, whose
fees shall be provided by the State, after approval by the
Attorney General, unless there is a determination by a court
that the member's actions were not in good faith or were wilful
and wanton.
A person entitled to indemnification under this Section
must notify the Attorney General within 7 days of receipt of
notice of the initiation of any action involving services of
the Board. Failure to so notify the Attorney General shall
constitute an absolute waiver of the right to a defense and
indemnification.
The Attorney General shall determine within 7 days after
receiving such notice, whether he or she will undertake to
represent a person entitled to indemnification under this
Section.
(d) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, as amended, operates as an automatic suspension. Such
suspension will end only upon a finding by a court that the
patient is no longer subject to involuntary admission or
judicial admission and issues an order so finding and
discharging the patient; and upon the recommendation of the
Board to the Secretary that the licensee be allowed to resume
his or her practice.
(e) The Department may refuse to issue or may suspend the

license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required by
any tax Act administered by the Department of Revenue, until
such time as the requirements of any such tax Act are
satisfied.
(f) The Department of Public Health shall transmit to the
Department a list of those facilities which receive an "A"
violation as defined in Section 1-129 of the Nursing Home Care
Act.
(Source: P.A. 96-339, eff. 7-1-10; 96-1372, eff. 7-29-10;
96-1551, eff. 7-1-11; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
revised 9-26-11.)
Section 15-35. The Fire Sprinkler Contractor Licensing Act
is amended by changing Section 32 as follows:
(225 ILCS 317/32)
Sec. 32. Application for building permit; identity theft. A
person who knowingly, in the course of applying for a building
permit with a unit of local government, provides the license
number of a fire sprinkler contractor whom he or she does not
intend to have perform the work on the fire sprinkler portion
of the project commits identity theft under paragraph (8) (9)
of subsection (a) of Section 16-30 of the Criminal Code of
1961.

(Source: P.A. 96-1455, eff. 8-20-10; 97-333, eff. 8-12-11;
97-597, eff. 1-1-12; revised 9-26-11.)
Section 15-40. The Illinois Roofing Industry Licensing Act
is amended by changing Section 5 as follows:
(225 ILCS 335/5) (from Ch. 111, par. 7505)
(Section scheduled to be repealed on January 1, 2016)
Sec. 5. Display of license number; advertising.
(a) Each State licensed roofing contractor shall affix the
roofing contractor license number and the licensee's name, as
it appears on the license, to all of his or her contracts and
bids. In addition, the official issuing building permits shall
affix the roofing contractor license number to each application
for a building permit and on each building permit issued and
recorded.
(a-5) A person who knowingly, in the course of applying for
a building permit with a unit of local government, provides the
roofing license number of a roofing contractor whom he or she
does not intend to have perform the work on the roofing portion
of the project commits identity theft under paragraph (8) of
subsection (a) of Section 16-30 of the Criminal Code of 1961.
(b) (Blank).
(c) Every holder of a license shall display it in a
conspicuous place in his or her principal office, place of
business, or place of employment.

(d) No person licensed under this Act may advertise
services regulated by this Act unless that person includes in
the advertisement the roofing contractor license number and the
licensee's name, as it appears on the license. Nothing
contained in this subsection requires the publisher of
advertising for roofing contractor services to investigate or
verify the accuracy of the license number provided by the
licensee.
(e) A person who advertises services regulated by this Act
who knowingly (i) fails to display the license number and the
licensee's name, as it appears on the license, in any manner
required by this Section, (ii) fails to provide a publisher
with the correct license number as required by subsection (d),
or (iii) provides a publisher with a false license number or a
license number of another person, or a person who knowingly
allows his or her license number to be displayed or used by
another person to circumvent any provisions of this Section, is
guilty of a Class A misdemeanor with a fine of $1,000, and, in
addition, is subject to the administrative enforcement
provisions of this Act. Each day that an advertisement runs or
each day that a person knowingly allows his or her license to
be displayed or used in violation of this Section constitutes a
separate offense.
(Source: P.A. 96-624, eff. 1-1-10; 96-1324, eff. 7-27-10;
97-235, eff. 1-1-12; 97-597, eff. 1-1-12; revised 9-30-11.)

Section 15-45. The Illinois Vehicle Code is amended by
changing Section 6-206 as follows:
(625 ILCS 5/6-206)
Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; Right to a hearing.
(a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without preliminary
hearing upon a showing of the person's records or other
sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required upon
conviction;
2. Has been convicted of not less than 3 offenses
against traffic regulations governing the movement of
vehicles committed within any 12 month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in motor
vehicle collisions or has been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree that 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;

4. Has by the unlawful operation of a motor vehicle
caused or contributed to an accident resulting in injury
requiring immediate professional treatment in a medical
facility or doctor's office to any person, except that any
suspension or revocation imposed by the Secretary of State
under the provisions of this subsection shall start no
later than 6 months after being convicted of violating a
law or ordinance regulating the movement of traffic, which
violation is related to the accident, or shall start not
more than one year after the date of the accident,
whichever date occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;
6. Has been lawfully convicted of an offense or
offenses in another state, including the authorization
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an examination
provided for by Section 6-207 or has failed to pass the
examination;
8. Is ineligible for a driver's license or permit under
the provisions of Section 6-103;
9. Has made a false statement or knowingly concealed a
material fact or has used false information or
identification in any application for a license,
identification card, or permit;

10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of this
State when the person's driving privilege or privilege to
obtain a driver's license or permit was revoked or
suspended unless the operation was authorized by a
monitoring device driving permit, judicial driving permit
issued prior to January 1, 2009, probationary license to
drive, or a restricted driving permit issued under this
Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services of
another person to submit to any portion of the application
process for the purpose of obtaining a license,
identification card, or permit for some other person;
13. Has operated a motor vehicle upon a highway of this
State when the person's driver's license or permit was
invalid under the provisions of Sections 6-107.1 and 6-110;
14. Has committed a violation of Section 6-301,
6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
of the Illinois Identification Card Act;
15. Has been convicted of violating Section 21-2 of the
Criminal Code of 1961 relating to criminal trespass to
vehicles in which case, the suspension shall be for one
year;

16. Has been convicted of violating Section 11-204 of
this Code relating to fleeing from a peace officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the person
has not sought a hearing as provided for in Section
11-501.1;
18. Has, since issuance of a driver's license or
permit, been adjudged to be afflicted with or suffering
from any mental disability or disease;
19. Has committed a violation of paragraph (a) or (b)
of Section 6-101 relating to driving without a driver's
license;
20. Has been convicted of violating Section 6-104
relating to classification of driver's license;
21. Has been convicted of violating Section 11-402 of
this Code relating to leaving the scene of an accident
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph
(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
the Criminal Code of 1961 relating to unlawful use of
weapons, in which case the suspension shall be for one
year;
23. Has, as a driver, been convicted of committing a
violation of paragraph (a) of Section 11-502 of this Code
for a second or subsequent time within one year of a

similar violation;
24. Has been convicted by a court-martial or punished
by non-judicial punishment by military authorities of the
United States at a military installation in Illinois of or
for a traffic related offense that is the same as or
similar to an offense specified under Section 6-205 or
6-206 of this Code;
25. Has permitted any form of identification to be used
by another in the application process in order to obtain or
attempt to obtain a license, identification card, or
permit;
26. Has altered or attempted to alter a license or has
possessed an altered license, identification card, or
permit;
27. Has violated Section 6-16 of the Liquor Control Act
of 1934;
28. Has been convicted of the illegal possession, while
operating or in actual physical control, as a driver, of a
motor vehicle, of any controlled substance prohibited
under the Illinois Controlled Substances Act, any cannabis
prohibited under the Cannabis Control Act, or any
methamphetamine prohibited under the Methamphetamine
Control and Community Protection Act, in which case the
person's driving privileges shall be suspended for one
year, and any driver who is convicted of a second or
subsequent offense, within 5 years of a previous

conviction, for the illegal possession, while operating or
in actual physical control, as a driver, of a motor
vehicle, of any controlled substance prohibited under the
Illinois Controlled Substances Act, any cannabis
prohibited under the Cannabis Control Act, or any
methamphetamine prohibited under the Methamphetamine
Control and Community Protection Act shall be suspended for
5 years. Any defendant found guilty of this offense while
operating a motor vehicle, shall have an entry made in the
court record by the presiding judge that this offense did
occur while the defendant was operating a motor vehicle and
order the clerk of the court to report the violation to the
Secretary of State;
29. Has been convicted of the following offenses that
were committed while the person was operating or in actual
physical control, as a driver, of a motor vehicle: criminal
sexual assault, predatory criminal sexual assault of a
child, aggravated criminal sexual assault, criminal sexual
abuse, aggravated criminal sexual abuse, juvenile pimping,
soliciting for a juvenile prostitute, promoting juvenile
prostitution as described in subdivision (a)(1), (a)(2),
or (a)(3) of Section 11-14.4 of the Criminal Code of 1961,
and the manufacture, sale or delivery of controlled
substances or instruments used for illegal drug use or
abuse in which case the driver's driving privileges shall
be suspended for one year;

30. Has been convicted a second or subsequent time for
any combination of the offenses named in paragraph 29 of
this subsection, in which case the person's driving
privileges shall be suspended for 5 years;
31. Has refused to submit to a test as required by
Section 11-501.6 or has submitted to a test resulting in an
alcohol concentration of 0.08 or more or any amount of a
drug, substance, or compound resulting from the unlawful
use or consumption of cannabis as listed in the Cannabis
Control Act, a controlled substance as listed in the
Illinois Controlled Substances Act, an intoxicating
compound as listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act, in which case the
penalty shall be as prescribed in Section 6-208.1;
32. Has been convicted of Section 24-1.2 of the
Criminal Code of 1961 relating to the aggravated discharge
of a firearm if the offender was located in a motor vehicle
at the time the firearm was discharged, in which case the
suspension shall be for 3 years;
33. Has as a driver, who was less than 21 years of age
on the date of the offense, been convicted a first time of
a violation of paragraph (a) of Section 11-502 of this Code
or a similar provision of a local ordinance;
34. Has committed a violation of Section 11-1301.5 of
this Code;

35. Has committed a violation of Section 11-1301.6 of
this Code;
36. Is under the age of 21 years at the time of arrest
and has been convicted of not less than 2 offenses against
traffic regulations governing the movement of vehicles
committed within any 24 month period. No revocation or
suspension shall be entered more than 6 months after the
date of last conviction;
37. Has committed a violation of subsection (c) of
Section 11-907 of this Code that resulted in damage to the
property of another or the death or injury of another;
38. Has been convicted of a violation of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance;
39. Has committed a second or subsequent violation of
Section 11-1201 of this Code;
40. Has committed a violation of subsection (a-1) of
Section 11-908 of this Code;
41. Has committed a second or subsequent violation of
Section 11-605.1 of this Code, a similar provision of a
local ordinance, or a similar violation in any other state
within 2 years of the date of the previous violation, in
which case the suspension shall be for 90 days;
42. Has committed a violation of subsection (a-1) of
Section 11-1301.3 of this Code;
43. Has received a disposition of court supervision for

a violation of subsection (a), (d), or (e) of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance, in which case the suspension shall be
for a period of 3 months;
44. Is under the age of 21 years at the time of arrest
and has been convicted of an offense against traffic
regulations governing the movement of vehicles after
having previously had his or her driving privileges
suspended or revoked pursuant to subparagraph 36 of this
Section; or
45. Has, in connection with or during the course of a
formal hearing conducted under Section 2-118 of this Code:
(i) committed perjury; (ii) submitted fraudulent or
falsified documents; (iii) submitted documents that have
been materially altered; or (iv) submitted, as his or her
own, documents that were in fact prepared or composed for
another person.
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's license,
any traffic ticket issued when the person's driver's license is
deposited in lieu of bail, a suspension notice issued by the
Secretary of State, a duplicate or corrected driver's license,
a probationary driver's license or a temporary driver's
license.
(b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the

Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be, provided
that a certified copy of a stay order of a court is filed with
the Secretary of State. If the conviction is affirmed on
appeal, the date of the conviction shall relate back to the
time the original judgment of conviction was entered and the 6
month limitation prescribed shall not apply.
(c) 1. Upon suspending or revoking the driver's license or
permit of any person as authorized in this Section, the
Secretary of State shall immediately notify the person in
writing of the revocation or suspension. The notice to be
deposited in the United States mail, postage prepaid, to the
last known address of the person.
2. If the Secretary of State suspends the driver's
license of a person under subsection 2 of paragraph (a) of
this Section, a person's privilege to operate a vehicle as
an occupation shall not be suspended, provided an affidavit
is properly completed, the appropriate fee received, and a
permit issued prior to the effective date of the
suspension, unless 5 offenses were committed, at least 2 of
which occurred while operating a commercial vehicle in
connection with the driver's regular occupation. All other
driving privileges shall be suspended by the Secretary of
State. Any driver prior to operating a vehicle for
occupational purposes only must submit the affidavit on
forms to be provided by the Secretary of State setting

forth the facts of the person's occupation. The affidavit
shall also state the number of offenses committed while
operating a vehicle in connection with the driver's regular
occupation. The affidavit shall be accompanied by the
driver's license. Upon receipt of a properly completed
affidavit, the Secretary of State shall issue the driver a
permit to operate a vehicle in connection with the driver's
regular occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended as
set forth in the notice that was mailed under this Section.
If an affidavit is received subsequent to the effective
date of this suspension, a permit may be issued for the
remainder of the suspension period.
The provisions of this subparagraph shall not apply to
any driver required to possess a CDL for the purpose of
operating a commercial motor vehicle.
Any person who falsely states any fact in the affidavit
required herein shall be guilty of perjury under Section
6-302 and upon conviction thereof shall have all driving
privileges revoked without further rights.
3. At the conclusion of a hearing under Section 2-118
of this Code, the Secretary of State shall either rescind
or continue an order of revocation or shall substitute an
order of suspension; or, good cause appearing therefor,
rescind, continue, change, or extend the order of

suspension. If the Secretary of State does not rescind the
order, the Secretary may upon application, to relieve undue
hardship (as defined by the rules of the Secretary of
State), issue a restricted driving permit granting the
privilege of driving a motor vehicle between the
petitioner's residence and petitioner's place of
employment or within the scope of the petitioner's
employment related duties, or to allow the petitioner to
transport himself or herself, or a family member of the
petitioner's household to a medical facility, to receive
necessary medical care, to allow the petitioner to
transport himself or herself to and from alcohol or drug
remedial or rehabilitative activity recommended by a
licensed service provider, or to allow the petitioner to
transport himself or herself or a family member of the
petitioner's household to classes, as a student, at an
accredited educational institution, or to allow the
petitioner to transport children, elderly persons, or
disabled persons who do not hold driving privileges and are
living in the petitioner's household to and from daycare.
The petitioner must demonstrate that no alternative means
of transportation is reasonably available and that the
petitioner will not endanger the public safety or welfare.
Those multiple offenders identified in subdivision (b)4 of
Section 6-208 of this Code, however, shall not be eligible
for the issuance of a restricted driving permit.

(A) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating
Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961, where the use
of alcohol or other drugs is recited as an element of
the offense, or a similar out-of-state offense, or a
combination of these offenses, arising out of separate
occurrences, that person, if issued a restricted
driving permit, may not operate a vehicle unless it has
been equipped with an ignition interlock device as
defined in Section 1-129.1.
(B) If a person's license or permit is revoked or
suspended 2 or more times within a 10 year period due
to any combination of:
(i) a single conviction of violating Section
11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense
or Section 9-3 of the Criminal Code of 1961, where
the use of alcohol or other drugs is recited as an
element of the offense, or a similar out-of-state
offense; or
(ii) a statutory summary suspension or
revocation under Section 11-501.1; or
(iii) a suspension under Section 6-203.1;
arising out of separate occurrences; that person, if

issued a restricted driving permit, may not operate a
vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(C) The person issued a permit conditioned upon the
use of an ignition interlock device must pay to the
Secretary of State DUI Administration Fund an amount
not to exceed $30 per month. The Secretary shall
establish by rule the amount and the procedures, terms,
and conditions relating to these fees.
(D) If the restricted driving permit is issued for
employment purposes, then the prohibition against
operating a motor vehicle that is not equipped with an
ignition interlock device does not apply to the
operation of an occupational vehicle owned or leased by
that person's employer when used solely for employment
purposes.
(E) In each case the Secretary may issue a
restricted driving permit for a period deemed
appropriate, except that all permits shall expire
within one year from the date of issuance. The
Secretary may not, however, issue a restricted driving
permit to any person whose current revocation is the
result of a second or subsequent conviction for a
violation of Section 11-501 of this Code or a similar
provision of a local ordinance or any similar
out-of-state offense, or Section 9-3 of the Criminal

Code of 1961, where the use of alcohol or other drugs
is recited as an element of the offense, or any similar
out-of-state offense, or any combination of those
offenses, until the expiration of at least one year
from the date of the revocation. A restricted driving
permit issued under this Section shall be subject to
cancellation, revocation, and suspension by the
Secretary of State in like manner and for like cause as
a driver's license issued under this Code may be
cancelled, revoked, or suspended; except that a
conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be
deemed sufficient cause for the revocation,
suspension, or cancellation of a restricted driving
permit. The Secretary of State may, as a condition to
the issuance of a restricted driving permit, require
the applicant to participate in a designated driver
remedial or rehabilitative program. The Secretary of
State is authorized to cancel a restricted driving
permit if the permit holder does not successfully
complete the program.
(c-3) In the case of a suspension under paragraph 43 of
subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,

the driver licensing administrator of any other state, the
Secretary of State, or the parent or legal guardian of a driver
under the age of 18. However, beginning January 1, 2008, if the
person is a CDL holder, the suspension shall also be made
available to the driver licensing administrator of any other
state, the U.S. Department of Transportation, and the affected
driver or motor carrier or prospective motor carrier upon
request.
(c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person
by mail that his or her driving privileges and driver's license
will be suspended one month after the date of the mailing of
the notice.
(c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 21 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
(d) This Section is subject to the provisions of the
Drivers License Compact.
(e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.

(f) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been suspended, revoked,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
7-1-11; 96-1551, eff. 7-1-11; 97-229, eff. 7-28-11; 97-333,
eff. 8-12-11; revised 9-15-11.)
Section 15-50. The Juvenile Court Act of 1987 is amended by
changing Sections 2-25, 3-26, 4-23, and 5-730 as follows:
(705 ILCS 405/2-25) (from Ch. 37, par. 802-25)
Sec. 2-25. Order of protection.
(1) The court may make an order of protection in assistance
of or as a condition of any other order authorized by this Act.
The order of protection shall be based on the health, safety
and best interests of the minor and may set forth reasonable
conditions of behavior to be observed for a specified period.
Such an order may require a person:
(a) to stay away from the home or the minor;
(b) to permit a parent to visit the minor at stated
periods;
(c) to abstain from offensive conduct against the
minor, his parent or any person to whom custody of the

minor is awarded;
(d) to give proper attention to the care of the home;
(e) to cooperate in good faith with an agency to which
custody of a minor is entrusted by the court or with an
agency or association to which the minor is referred by the
court;
(f) to prohibit and prevent any contact whatsoever with
the respondent minor by a specified individual or
individuals who are alleged in either a criminal or
juvenile proceeding to have caused injury to a respondent
minor or a sibling of a respondent minor;
(g) to refrain from acts of commission or omission that
tend to make the home not a proper place for the minor;
(h) to refrain from contacting the minor and the foster
parents in any manner that is not specified in writing in
the case plan.
(2) The court shall enter an order of protection to
prohibit and prevent any contact between a respondent minor or
a sibling of a respondent minor and any person named in a
petition seeking an order of protection who has been convicted
of heinous battery or aggravated battery under subdivision
(a)(2) of Section 12-3.05, aggravated battery of a child or
aggravated battery under subdivision (b)(1) of Section
12-3.05, criminal sexual assault, aggravated criminal sexual
assault, predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse as described

in the Criminal Code of 1961, or has been convicted of an
offense that resulted in the death of a child, or has violated
a previous order of protection under this Section.
(3) When the court issues an order of protection against
any person as provided by this Section, the court shall direct
a copy of such order to the Sheriff of that county. The Sheriff
shall furnish a copy of the order of protection to the
Department of State Police within 24 hours of receipt, in the
form and manner required by the Department. The Department of
State Police shall maintain a complete record and index of such
orders of protection and make this data available to all local
law enforcement agencies.
(4) After notice and opportunity for hearing afforded to a
person subject to an order of protection, the order may be
modified or extended for a further specified period or both or
may be terminated if the court finds that the health, safety,
and best interests of the minor and the public will be served
thereby.
(5) An order of protection may be sought at any time during
the course of any proceeding conducted pursuant to this Act if
such an order is consistent with the health, safety, and best
interests of the minor. Any person against whom an order of
protection is sought may retain counsel to represent him at a
hearing, and has rights to be present at the hearing, to be
informed prior to the hearing in writing of the contents of the
petition seeking a protective order and of the date, place and

time of such hearing, and to cross examine witnesses called by
the petitioner and to present witnesses and argument in
opposition to the relief sought in the petition.
(6) Diligent efforts shall be made by the petitioner to
serve any person or persons against whom any order of
protection is sought with written notice of the contents of the
petition seeking a protective order and of the date, place and
time at which the hearing on the petition is to be held. When a
protective order is being sought in conjunction with a
temporary custody hearing, if the court finds that the person
against whom the protective order is being sought has been
notified of the hearing or that diligent efforts have been made
to notify such person, the court may conduct a hearing. If a
protective order is sought at any time other than in
conjunction with a temporary custody hearing, the court may not
conduct a hearing on the petition in the absence of the person
against whom the order is sought unless the petitioner has
notified such person by personal service at least 3 days before
the hearing or has sent written notice by first class mail to
such person's last known address at least 5 days before the
hearing.
(7) A person against whom an order of protection is being
sought who is neither a parent, guardian, legal custodian or
responsible relative as described in Section 1-5 is not a party
or respondent as defined in that Section and shall not be
entitled to the rights provided therein. Such person does not

have a right to appointed counsel or to be present at any
hearing other than the hearing in which the order of protection
is being sought or a hearing directly pertaining to that order.
Unless the court orders otherwise, such person does not have a
right to inspect the court file.
(8) All protective orders entered under this Section shall
be in writing. Unless the person against whom the order was
obtained was present in court when the order was issued, the
sheriff, other law enforcement official or special process
server shall promptly serve that order upon that person and
file proof of such service, in the manner provided for service
of process in civil proceedings. The person against whom the
protective order was obtained may seek a modification of the
order by filing a written motion to modify the order within 7
days after actual receipt by the person of a copy of the order.
Any modification of the order granted by the court must be
determined to be consistent with the best interests of the
minor.
(9) If a petition is filed charging a violation of a
condition contained in the protective order and if the court
determines that this violation is of a critical service
necessary to the safety and welfare of the minor, the court may
proceed to findings and an order for temporary custody.
(Source: P.A. 95-405, eff. 6-1-08; 96-1551, Article 1, Section
955, eff. 7-1-11; 96-1551, Article 2, Section 1030, eff.
7-1-11; revised 9-30-11.)

(705 ILCS 405/3-26) (from Ch. 37, par. 803-26)
Sec. 3-26. Order of protection.
(1) The court may make an order of protection in assistance
of or as a condition of any other order authorized by this Act.
The order of protection may set forth reasonable conditions of
behavior to be observed for a specified period. Such an order
may require a person:
(a) To stay away from the home or the minor;
(b) To permit a parent to visit the minor at stated
periods;
(c) To abstain from offensive conduct against the
minor, his parent or any person to whom custody of the
minor is awarded;
(d) To give proper attention to the care of the home;
(e) To cooperate in good faith with an agency to which
custody of a minor is entrusted by the court or with an
agency or association to which the minor is referred by the
court;
(f) To prohibit and prevent any contact whatsoever with
the respondent minor by a specified individual or
individuals who are alleged in either a criminal or
juvenile proceeding to have caused injury to a respondent
minor or a sibling of a respondent minor;
(g) To refrain from acts of commission or omission that
tend to make the home not a proper place for the minor.

(2) The court shall enter an order of protection to
prohibit and prevent any contact between a respondent minor or
a sibling of a respondent minor and any person named in a
petition seeking an order of protection who has been convicted
of heinous battery or aggravated battery under subdivision
(a)(2) of Section 12-3.05, aggravated battery of a child or
aggravated battery under subdivision (b)(1) of Section
12-3.05, criminal sexual assault, aggravated criminal sexual
assault, predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse as described
in the Criminal Code of 1961, or has been convicted of an
offense that resulted in the death of a child, or has violated
a previous order of protection under this Section.
(3) When the court issues an order of protection against
any person as provided by this Section, the court shall direct
a copy of such order to the Sheriff of that county. The Sheriff
shall furnish a copy of the order of protection to the
Department of State Police within 24 hours of receipt, in the
form and manner required by the Department. The Department of
State Police shall maintain a complete record and index of such
orders of protection and make this data available to all local
law enforcement agencies.
(4) After notice and opportunity for hearing afforded to a
person subject to an order of protection, the order may be
modified or extended for a further specified period or both or
may be terminated if the court finds that the best interests of

the minor and the public will be served thereby.
(5) An order of protection may be sought at any time during
the course of any proceeding conducted pursuant to this Act.
Any person against whom an order of protection is sought may
retain counsel to represent him at a hearing, and has rights to
be present at the hearing, to be informed prior to the hearing
in writing of the contents of the petition seeking a protective
order and of the date, place and time of such hearing, and to
cross examine witnesses called by the petitioner and to present
witnesses and argument in opposition to the relief sought in
the petition.
(6) Diligent efforts shall be made by the petitioner to
serve any person or persons against whom any order of
protection is sought with written notice of the contents of the
petition seeking a protective order and of the date, place and
time at which the hearing on the petition is to be held. When a
protective order is being sought in conjunction with a shelter
care hearing, if the court finds that the person against whom
the protective order is being sought has been notified of the
hearing or that diligent efforts have been made to notify such
person, the court may conduct a hearing. If a protective order
is sought at any time other than in conjunction with a shelter
care hearing, the court may not conduct a hearing on the
petition in the absence of the person against whom the order is
sought unless the petitioner has notified such person by
personal service at least 3 days before the hearing or has sent

written notice by first class mail to such person's last known
address at least 5 days before the hearing.
(7) A person against whom an order of protection is being
sought who is neither a parent, guardian, legal custodian or
responsible relative as described in Section 1-5 is not a party
or respondent as defined in that Section and shall not be
entitled to the rights provided therein. Such person does not
have a right to appointed counsel or to be present at any
hearing other than the hearing in which the order of protection
is being sought or a hearing directly pertaining to that order.
Unless the court orders otherwise, such person does not have a
right to inspect the court file.
(8) All protective orders entered under this Section shall
be in writing. Unless the person against whom the order was
obtained was present in court when the order was issued, the
sheriff, other law enforcement official or special process
server shall promptly serve that order upon that person and
file proof of such service, in the manner provided for service
of process in civil proceedings. The person against whom the
protective order was obtained may seek a modification of the
order by filing a written motion to modify the order within 7
days after actual receipt by the person of a copy of the order.
(Source: P.A. 96-1551, Article 1, Section 995, eff. 7-1-11;
96-1551, Article 2, Section 1030, eff. 7-1-11; revised
9-30-11.)

(705 ILCS 405/4-23) (from Ch. 37, par. 804-23)
Sec. 4-23. Order of protection.
(1) The court may make an order of protection in assistance
of or as a condition of any other order authorized by this Act.
The order of protection may set forth reasonable conditions of
behavior to be observed for a specified period. Such an order
may require a person:
(a) To stay away from the home or the minor;
(b) To permit a parent to visit the minor at stated
periods;
(c) To abstain from offensive conduct against the
minor, his parent or any person to whom custody of the
minor is awarded;
(d) To give proper attention to the care of the home;
(e) To cooperate in good faith with an agency to which
custody of a minor is entrusted by the court or with an
agency or association to which the minor is referred by the
court;
(f) To prohibit and prevent any contact whatsoever with
the respondent minor by a specified individual or
individuals who are alleged in either a criminal or
juvenile proceeding to have caused injury to a respondent
minor or a sibling of a respondent minor;
(g) To refrain from acts of commission or omission that
tend to make the home not a proper place for the minor.
(2) The court shall enter an order of protection to

prohibit and prevent any contact between a respondent minor or
a sibling of a respondent minor and any person named in a
petition seeking an order of protection who has been convicted
of heinous battery or aggravated battery under subdivision
(a)(2) of Section 12-3.05, aggravated battery of a child or
aggravated battery under subdivision (b)(1) of Section
12-3.05, criminal sexual assault, aggravated criminal sexual
assault, predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse as described
in the Criminal Code of 1961, or has been convicted of an
offense that resulted in the death of a child, or has violated
a previous order of protection under this Section.
(3) When the court issues an order of protection against
any person as provided by this Section, the court shall direct
a copy of such order to the Sheriff of that county. The Sheriff
shall furnish a copy of the order of protection to the
Department of State Police within 24 hours of receipt, in the
form and manner required by the Department. The Department of
State Police shall maintain a complete record and index of such
orders of protection and make this data available to all local
law enforcement agencies.
(4) After notice and opportunity for hearing afforded to a
person subject to an order of protection, the order may be
modified or extended for a further specified period or both or
may be terminated if the court finds that the best interests of
the minor and the public will be served thereby.

(5) An order of protection may be sought at any time during
the course of any proceeding conducted pursuant to this Act.
Any person against whom an order of protection is sought may
retain counsel to represent him at a hearing, and has rights to
be present at the hearing, to be informed prior to the hearing
in writing of the contents of the petition seeking a protective
order and of the date, place and time of such hearing, and to
cross examine witnesses called by the petitioner and to present
witnesses and argument in opposition to the relief sought in
the petition.
(6) Diligent efforts shall be made by the petitioner to
serve any person or persons against whom any order of
protection is sought with written notice of the contents of the
petition seeking a protective order and of the date, place and
time at which the hearing on the petition is to be held. When a
protective order is being sought in conjunction with a shelter
care hearing, if the court finds that the person against whom
the protective order is being sought has been notified of the
hearing or that diligent efforts have been made to notify such
person, the court may conduct a hearing. If a protective order
is sought at any time other than in conjunction with a shelter
care hearing, the court may not conduct a hearing on the
petition in the absence of the person against whom the order is
sought unless the petitioner has notified such person by
personal service at least 3 days before the hearing or has sent
written notice by first class mail to such person's last known

address at least 5 days before the hearing.
(7) A person against whom an order of protection is being
sought who is neither a parent, guardian, legal custodian or
responsible relative as described in Section 1-5 is not a party
or respondent as defined in that Section and shall not be
entitled to the rights provided therein. Such person does not
have a right to appointed counsel or to be present at any
hearing other than the hearing in which the order of protection
is being sought or a hearing directly pertaining to that order.
Unless the court orders otherwise, such person does not have a
right to inspect the court file.
(8) All protective orders entered under this Section shall
be in writing. Unless the person against whom the order was
obtained was present in court when the order was issued, the
sheriff, other law enforcement official or special process
server shall promptly serve that order upon that person and
file proof of such service, in the manner provided for service
of process in civil proceedings. The person against whom the
protective order was obtained may seek a modification of the
order by filing a written motion to modify the order within 7
days after actual receipt by the person of a copy of the order.
(Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11;
96-1551, Article 2, Section 1030, eff. 7-1-11; revised
9-30-11.)
(705 ILCS 405/5-730)

Sec. 5-730. Order of protection.
(1) The court may make an order of protection in assistance
of or as a condition of any other order authorized by this Act.
The order of protection may set forth reasonable conditions of
behavior to be observed for a specified period. The order may
require a person:
(a) to stay away from the home or the minor;
(b) to permit a parent to visit the minor at stated
periods;
(c) to abstain from offensive conduct against the
minor, his or her parent or any person to whom custody of
the minor is awarded;
(d) to give proper attention to the care of the home;
(e) to cooperate in good faith with an agency to which
custody of a minor is entrusted by the court or with an
agency or association to which the minor is referred by the
court;
(f) to prohibit and prevent any contact whatsoever with
the respondent minor by a specified individual or
individuals who are alleged in either a criminal or
juvenile proceeding to have caused injury to a respondent
minor or a sibling of a respondent minor;
(g) to refrain from acts of commission or omission that
tend to make the home not a proper place for the minor.
(2) The court shall enter an order of protection to
prohibit and prevent any contact between a respondent minor or

a sibling of a respondent minor and any person named in a
petition seeking an order of protection who has been convicted
of heinous battery or aggravated battery under subdivision
(a)(2) of Section 12-3.05, aggravated battery of a child or
aggravated battery under subdivision (b)(1) of Section
12-3.05, criminal sexual assault, aggravated criminal sexual
assault, predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse as described
in the Criminal Code of 1961, or has been convicted of an
offense that resulted in the death of a child, or has violated
a previous order of protection under this Section.
(3) When the court issues an order of protection against
any person as provided by this Section, the court shall direct
a copy of such order to the sheriff of that county. The sheriff
shall furnish a copy of the order of protection to the
Department of State Police within 24 hours of receipt, in the
form and manner required by the Department. The Department of
State Police shall maintain a complete record and index of the
orders of protection and make this data available to all local
law enforcement agencies.
(4) After notice and opportunity for hearing afforded to a
person subject to an order of protection, the order may be
modified or extended for a further specified period or both or
may be terminated if the court finds that the best interests of
the minor and the public will be served by the modification,
extension, or termination.

(5) An order of protection may be sought at any time during
the course of any proceeding conducted under this Act. Any
person against whom an order of protection is sought may retain
counsel to represent him or her at a hearing, and has rights to
be present at the hearing, to be informed prior to the hearing
in writing of the contents of the petition seeking a protective
order and of the date, place, and time of the hearing, and to
cross-examine witnesses called by the petitioner and to present
witnesses and argument in opposition to the relief sought in
the petition.
(6) Diligent efforts shall be made by the petitioner to
serve any person or persons against whom any order of
protection is sought with written notice of the contents of the
petition seeking a protective order and of the date, place and
time at which the hearing on the petition is to be held. When a
protective order is being sought in conjunction with a shelter
care or detention hearing, if the court finds that the person
against whom the protective order is being sought has been
notified of the hearing or that diligent efforts have been made
to notify the person, the court may conduct a hearing. If a
protective order is sought at any time other than in
conjunction with a shelter care or detention hearing, the court
may not conduct a hearing on the petition in the absence of the
person against whom the order is sought unless the petitioner
has notified the person by personal service at least 3 days
before the hearing or has sent written notice by first class

mail to the person's last known address at least 5 days before
the hearing.
(7) A person against whom an order of protection is being
sought who is neither a parent, guardian, or legal custodian or
responsible relative as described in Section 1-5 of this Act or
is not a party or respondent as defined in that Section shall
not be entitled to the rights provided in that Section. The
person does not have a right to appointed counsel or to be
present at any hearing other than the hearing in which the
order of protection is being sought or a hearing directly
pertaining to that order. Unless the court orders otherwise,
the person does not have a right to inspect the court file.
(8) All protective orders entered under this Section shall
be in writing. Unless the person against whom the order was
obtained was present in court when the order was issued, the
sheriff, other law enforcement official, or special process
server shall promptly serve that order upon that person and
file proof of that service, in the manner provided for service
of process in civil proceedings. The person against whom the
protective order was obtained may seek a modification of the
order by filing a written motion to modify the order within 7
days after actual receipt by the person of a copy of the order.
(Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11;
96-1551, Article 2, Section 1030, eff. 7-1-11; revised
9-30-11.)

Section 15-55. The Criminal Code of 1961 is amended by
changing Sections 2-10.1, 11-1.10, 11-1.30, 11-1.60, 11-1.80,
11-9.4-1, 11-14.1, 11-14.4, 11-18.1, 11-20.1, 11-20.1B, 12-2,
12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-6.2, 12-7.1, 12-7.3,
12-7.4, 12-7.5, 16-0.1, 16-7, 16-30, 17-2, 17-3, 17-10.2,
17-10.6, 24-3.8, 24-3.9, 36-1, and 36.5-5 as follows:
(720 ILCS 5/2-10.1) (from Ch. 38, par. 2-10.1)
Sec. 2-10.1. "Severely or profoundly intellectually
disabled person" means a person (i) whose intelligence quotient
does not exceed 40 or (ii) whose intelligence quotient does not
exceed 55 and who suffers from significant mental illness to
the extent that the person's ability to exercise rational
judgment is impaired. In any proceeding in which the defendant
is charged with committing a violation of Section 10-2, 10-5,
11-1.30, 11-1.60, 11-14.4, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
11-20.1B, 11-20.3, 12-4.3, 12-14, or 12-16, or subdivision
(b)(1) of Section 12-3.05, of this Code against a victim who is
alleged to be a severely or profoundly intellectually disabled
person, any findings concerning the victim's status as a
severely or profoundly intellectually disabled person, made by
a court after a judicial admission hearing concerning the
victim under Articles V and VI of Chapter 4 of the Mental
Health and Developmental Disabilities Code shall be
admissible.
(Source: P.A. 96-1551, Article 1, Section 960, eff. 7-1-11;

96-1551, Article 2, Section 1035, eff. 7-1-11; 97-227, eff.
1-1-12; revised 9-12-11.)
(720 ILCS 5/11-1.10) (was 720 ILCS 5/12-18)
Sec. 11-1.10. General provisions concerning offenses
described in Sections 11-1.20 through 11-1.60.
(a) No person accused of violating Section 11-1.20,
11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code shall be
presumed to be incapable of committing an offense prohibited by
Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this
Code because of age, physical condition or relationship to the
victim. Nothing in this Section shall be construed to modify or
abrogate the affirmative defense of infancy under Section 6-1
of this Code or the provisions of Section 5-805 of the Juvenile
Court Act of 1987.
(b) Any medical examination or procedure which is conducted
by a physician, nurse, medical or hospital personnel, parent,
or caretaker for purposes and in a manner consistent with
reasonable medical standards is not an offense under Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of this Code.
(c) (Blank).
(d) (Blank).
(e) After a finding at a preliminary hearing that there is
probable cause to believe that an accused has committed a
violation of Section 11-1.20, 11-1.30, or 11-1.40 of this Code,
or after an indictment is returned charging an accused with a

violation of Section 11-1.20, 11-1.30, or 11-1.40 of this Code,
or after a finding that a defendant charged with a violation of
Section 11-1.20, 11-1.30, or 11-1.40 of this Code is unfit to
stand trial pursuant to Section 104-16 of the Code of Criminal
Procedure of 1963 where the finding is made prior to
preliminary hearing, at the request of the person who was the
victim of the violation of Section 11-1.20, 11-1.30, or
11-1.40, the prosecuting State's attorney shall seek an order
from the court to compel the accused to be tested within 48
hours for any sexually transmissible disease, including a test
for infection with human immunodeficiency virus (HIV). The
medical tests shall be performed only by appropriately licensed
medical practitioners. Such testing shall consist of a test
approved by the Illinois Department of Public Health to
determine the presence of HIV infection, based upon
recommendations of the United States Centers for Disease
Control and Prevention The test for infection with human
immunodeficiency virus (HIV) shall consist of an enzyme-linked
immunosorbent assay (ELISA) test, or such other test as may be
approved by the Illinois Department of Public Health; in the
event of a positive result, a the Western Blot Assay or a more
reliable supplemental confirmatory test based upon
recommendations of the United States Centers for Disease
Control and Prevention shall be administered. The results of
the tests and any follow-up tests shall be kept strictly
confidential by all medical personnel involved in the testing

and must be personally delivered in a sealed envelope to the
victim, to the defendant, to the State's Attorney, and to the
judge who entered the order, for the judge's inspection in
camera. The judge shall provide to the victim a referral to the
Illinois Department of Public Health HIV/AIDS toll-free
hotline for counseling and information in connection with the
test result. 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 result of the testing may
be revealed; however, in no case shall the identity of the
victim be disclosed. The court shall order that the cost of the
tests shall be paid by the county, and shall be taxed as costs
against the accused if convicted.
(f) Whenever any law enforcement officer has reasonable
cause to believe that a person has been delivered a controlled
substance without his or her consent, the law enforcement
officer shall advise the victim about seeking medical treatment
and preserving evidence.
(g) Every hospital providing emergency hospital services
to an alleged sexual assault survivor, when there is reasonable
cause to believe that a person has been delivered a controlled
substance without his or her consent, shall designate personnel
to provide:
(1) An explanation to the victim about the nature and
effects of commonly used controlled substances and how such
controlled substances are administered.

(2) An offer to the victim of testing for the presence
of such controlled substances.
(3) A disclosure to the victim that all controlled
substances or alcohol ingested by the victim will be
disclosed by the test.
(4) A statement that the test is completely voluntary.
(5) A form for written authorization for sample
analysis of all controlled substances and alcohol ingested
by the victim.
A physician licensed to practice medicine in all its
branches may agree to be a designated person under this
subsection.
No sample analysis may be performed unless the victim
returns a signed written authorization within 30 days after the
sample was collected.
Any medical treatment or care under this subsection shall
be only in accordance with the order of a physician licensed to
practice medicine in all of its branches. Any testing under
this subsection shall be only in accordance with the order of a
licensed individual authorized to order the testing.
(Source: P.A. 95-926, eff. 8-26-08; 96-1551, eff. 7-1-11;
incorporates 97-244, eff. 8-4-11; revised 9-12-11.)
(720 ILCS 5/11-1.30) (was 720 ILCS 5/12-14)
Sec. 11-1.30. Aggravated Criminal Sexual Assault.
(a) A person commits aggravated criminal sexual assault if

that person commits criminal sexual assault and any of the
following aggravating circumstances exist during the
commission of the offense or, for purposes of paragraph (7),
occur as part of the same course of conduct as the commission
of the offense:
(1) the person displays, threatens to use, or uses a
dangerous weapon, other than a firearm, or any other object
fashioned or used in a manner that leads the victim, under
the circumstances, reasonably to believe that the object is
a dangerous weapon;
(2) the person causes bodily harm to the victim, except
as provided in paragraph (10);
(3) the person acts in a manner that threatens or
endangers the life of the victim or any other person;
(4) the person commits the criminal sexual assault
during the course of committing or attempting to commit any
other felony;
(5) the victim is 60 years of age or older;
(6) the victim is a physically handicapped person;
(7) the person delivers (by injection, inhalation,
ingestion, transfer of possession, or any other means) any
controlled substance to the victim without the victim's
consent or by threat or deception for other than medical
purposes;
(8) the person is armed with a firearm;
(9) the person personally discharges a firearm during

the commission of the offense; or
(10) the person personally discharges a firearm during
the commission of the offense, and that discharge
proximately causes great bodily harm, permanent
disability, permanent disfigurement, or death to another
person.
(b) A person commits aggravated criminal sexual assault if
that person is under 17 years of age and: (i) commits an act of
sexual penetration with a victim who is under 9 years of age;
or (ii) commits an act of sexual penetration with a victim who
is at least 9 years of age but under 13 years of age and the
person uses force or threat of force to commit the act.
(c) A person commits aggravated criminal sexual assault if
that person commits an act of sexual penetration with a victim
who is a severely or profoundly intellectually disabled
mentally retarded person.
(d) Sentence.
(1) Aggravated criminal sexual assault in violation of
paragraph (2), (3), (4), (5), (6), or (7) of subsection (a)
or in violation of subsection (b) or (c) is a Class X
felony. A violation of subsection (a)(1) is a Class X
felony for which 10 years shall be added to the term of
imprisonment imposed by the court. A violation of
subsection (a)(8) is a Class X felony for which 15 years
shall be added to the term of imprisonment imposed by the
court. A violation of subsection (a)(9) is a Class X felony

for which 20 years shall be added to the term of
imprisonment imposed by the court. A violation of
subsection (a)(10) is a Class X felony for which 25 years
or up to a term of natural life imprisonment shall be added
to the term of imprisonment imposed by the court.
(2) A person who is convicted of a second or subsequent
offense of aggravated criminal sexual assault, or who is
convicted of the offense of aggravated criminal sexual
assault after having previously been convicted of the
offense of criminal sexual assault or the offense of
predatory criminal sexual assault of a child, or who is
convicted of the offense of aggravated criminal sexual
assault after having previously been convicted under the
laws of this or any other state of an offense that is
substantially equivalent to the offense of criminal sexual
assault, the offense of aggravated criminal sexual assault
or the offense of predatory criminal sexual assault of a
child, shall be sentenced to a term of natural life
imprisonment. The commission of the second or subsequent
offense is required to have been after the initial
conviction for this paragraph (2) to apply.
(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff.
1-1-12; revised 9-12-11.)
(720 ILCS 5/11-1.60) (was 720 ILCS 5/12-16)
Sec. 11-1.60. Aggravated Criminal Sexual Abuse.

(a) A person commits aggravated criminal sexual abuse if
that person commits criminal sexual abuse and any of the
following aggravating circumstances exist (i) during the
commission of the offense or (ii) for purposes of paragraph
(7), as part of the same course of conduct as the commission of
the offense:
(1) the person displays, threatens to use, or uses a
dangerous weapon or any other object fashioned or used in a
manner that leads the victim, under the circumstances,
reasonably to believe that the object is a dangerous
weapon;
(2) the person causes bodily harm to the victim;
(3) the victim is 60 years of age or older;
(4) the victim is a physically handicapped person;
(5) the person acts in a manner that threatens or
endangers the life of the victim or any other person;
(6) the person commits the criminal sexual abuse during
the course of committing or attempting to commit any other
felony; or
(7) the person delivers (by injection, inhalation,
ingestion, transfer of possession, or any other means) any
controlled substance to the victim for other than medical
purposes without the victim's consent or by threat or
deception.
(b) A person commits aggravated criminal sexual abuse if
that person commits an act of sexual conduct with a victim who

is under 18 years of age and the person is a family member.
(c) A person commits aggravated criminal sexual abuse if:
(1) that person is 17 years of age or over and: (i)
commits an act of sexual conduct with a victim who is under
13 years of age; or (ii) commits an act of sexual conduct
with a victim who is at least 13 years of age but under 17
years of age and the person uses force or threat of force
to commit the act; or
(2) that person is under 17 years of age and: (i)
commits an act of sexual conduct with a victim who is under
9 years of age; or (ii) commits an act of sexual conduct
with a victim who is at least 9 years of age but under 17
years of age and the person uses force or threat of force
to commit the act.
(d) A person commits aggravated criminal sexual abuse if
that person commits an act of sexual penetration or sexual
conduct with a victim who is at least 13 years of age but under
17 years of age and the person is at least 5 years older than
the victim.
(e) A person commits aggravated criminal sexual abuse if
that person commits an act of sexual conduct with a victim who
is a severely or profoundly intellectually disabled mentally
retarded person.
(f) A person commits aggravated criminal sexual abuse if
that person commits an act of sexual conduct with a victim who
is at least 13 years of age but under 18 years of age and the

person is 17 years of age or over and holds a position of
trust, authority, or supervision in relation to the victim.
(g) Sentence. Aggravated criminal sexual abuse is a Class 2
felony.
(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff.
1-1-12; revised 9-12-11.)
(720 ILCS 5/11-1.80) (was 720 ILCS 5/12-18.1)
Sec. 11-1.80. Civil Liability.
(a) If any person has been convicted of any offense defined
in 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 this Act, a victim of such
offense has a cause of action for damages against any person or
entity who, by the manufacture, production, or wholesale
distribution of any obscene material which was possessed or
viewed by the person convicted of the offense, proximately
caused such person, through his or her reading or viewing of
the obscene material, to commit the 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. No victim may recover in any such
action unless he or she proves by a preponderance of the
evidence that: (1) the reading or viewing of the specific
obscene material manufactured, produced, or distributed
wholesale by the defendant proximately caused the person
convicted of the 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 to commit such violation and (2) the defendant knew or
had reason to know that the manufacture, production, or
wholesale distribution of such material was likely to cause a
violation of an offense substantially of the type enumerated.
(b) The manufacturer, producer or wholesale distributor
shall be liable to the victim for:
(1) actual damages incurred by the victim, including
medical costs;
(2) court costs and reasonable attorneys fees;
(3) infliction of emotional distress;
(4) pain and suffering; and
(5) loss of consortium.
(c) Every action under this Section shall be commenced
within 3 years after the conviction of the defendant for a
violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50,
11-1.60, 12-13, 12-14, 12-15 or 12-16 of this Code. However, if
the victim was under the age of 18 years at the time of the
conviction of the defendant for a 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 this Code, an action under this Section shall
be commenced within 3 years after the victim attains the age of
18 years.
(d) For the purposes of this Section:
(1) "obscene" has the meaning ascribed to it in subsection
(b) of Section 11-20 of this Code;
(2) "wholesale distributor" means any individual,

partnership, corporation, association, or other legal entity
which stands between the manufacturer and the retail seller in
purchases, consignments, contracts for sale or rental of the
obscene material;
(3) "producer" means any individual, partnership,
corporation, association, or other legal entity which finances
or supervises, to any extent, the production or making of
obscene material;
(4) "manufacturer" means any individual, partnership,
corporation, association, or other legal entity which
manufacturers, assembles or produces obscene material.
(Source: P.A. 96-1551, Article 2, Section 5, eff. 7-1-11;
96-1551, Article 2, Section 1035, eff. 7-1-11; revised 5-3-11.)
(720 ILCS 5/11-9.4-1)
Sec. 11-9.4-1. Sexual predator and child sex offender;
presence or loitering in or near public parks prohibited.
(a) For the purposes of this Section:
"Child sex offender" has the meaning ascribed to it in
subsection (d) of Section 11-9.3 11-9.4 of this Code, but
does not include as a sex offense under paragraph (2) of
subsection (d) of Section 11-9.3 11-9.4, the offenses under
subsections (b) and (c) of Section 11-1.50 or subsections
(b) and (c) of Section 12-15 of this Code.
"Public park" includes a park, forest preserve, or
conservation area under the jurisdiction of the State or a

unit of local government.
"Loiter" means:
(i) Standing, sitting idly, whether or not the
person is in a vehicle or remaining in or around public
park property.
(ii) Standing, sitting idly, whether or not the
person is in a vehicle or remaining in or around public
park property, for the purpose of committing or
attempting to commit a sex offense.
"Sexual predator" has the meaning ascribed to it in
subsection (E) of Section 2 of the Sex Offender
Registration Act.
(b) It is unlawful for a sexual predator or a child sex
offender to knowingly be present in any public park building or
on real property comprising any public park.
(c) It is unlawful for a sexual predator or a child sex
offender to knowingly loiter on a public way within 500 feet of
a public park building or real property comprising any public
park. For the purposes of this subsection (c), the 500 feet
distance shall be measured from the edge of the property
comprising the public park building or the real property
comprising the public park.
(d) Sentence. A person who violates this Section is guilty
of a Class A misdemeanor, except that a second or subsequent
violation is a Class 4 felony.
(Source: P.A. 96-1099, eff. 1-1-11; revised 10-12-11.)

(720 ILCS 5/11-14.1)
Sec. 11-14.1. Solicitation of a sexual act.
(a) Any person who offers a person not his or her spouse
any money, property, token, object, or article or anything of
value for that person or any other person not his or her spouse
to perform any act of sexual penetration as defined in Section
11-0.1 of this Code, or any touching or fondling of the sex
organs of one person by another person for the purpose of
sexual arousal or gratification, commits solicitation of a
sexual act.
(b) Sentence. Solicitation of a sexual act is a Class A
misdemeanor. Solicitation of a sexual act from a person who is
under the age of 18 or who is severely or profoundly
intellectually disabled is a Class 4 felony.
(b-5) It is an affirmative defense to a charge of
solicitation of a sexual act with a person who is under the age
of 18 or who is severely or profoundly intellectually disabled
that the accused reasonably believed the person was of the age
of 18 years or over or was not a severely or profoundly
intellectually disabled person at the time of the act giving
rise to the charge.
(Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11;
97-227, eff. 1-1-12; revised 9-12-11.)
(720 ILCS 5/11-14.4)

Sec. 11-14.4. Promoting juvenile prostitution.
(a) Any person who knowingly performs any of the following
acts commits promoting juvenile prostitution:
(1) advances prostitution as defined in Section
11-0.1, where the minor engaged in prostitution, or any
person engaged in prostitution in the place, is under 18
years of age or is severely or profoundly intellectually
disabled mentally retarded at the time of the offense;
(2) profits from prostitution by any means where the
prostituted person is under 18 years of age or is severely
or profoundly intellectually disabled mentally retarded at
the time of the offense;
(3) profits from prostitution by any means where the
prostituted person is under 13 years of age at the time of
the offense;
(4) confines a child under the age of 18 or a severely
or profoundly intellectually disabled mentally retarded
person against his or her will by the infliction or threat
of imminent infliction of great bodily harm or permanent
disability or disfigurement or by administering to the
child or severely or profoundly intellectually disabled
mentally retarded person, without his or her consent or by
threat or deception and for other than medical purposes,
any alcoholic intoxicant or a drug as defined in the
Illinois Controlled Substances Act or the Cannabis Control
Act or methamphetamine as defined in the Methamphetamine

Control and Community Protection Act and:
(A) compels the child or severely or profoundly
intellectually disabled mentally retarded person to
engage in prostitution;
(B) arranges a situation in which the child or
severely or profoundly intellectually disabled
mentally retarded person may practice prostitution; or
(C) profits from prostitution by the child or
severely or profoundly intellectually disabled
mentally retarded person.
(b) For purposes of this Section, administering drugs, as
defined in subdivision (a)(4), or an alcoholic intoxicant to a
child under the age of 13 or a severely or profoundly
intellectually disabled mentally retarded person shall be
deemed to be without consent if the administering is done
without the consent of the parents or legal guardian or if the
administering is performed by the parents or legal guardian for
other than medical purposes.
(c) If the accused did not have a reasonable opportunity to
observe the prostituted person, it is an affirmative defense to
a charge of promoting juvenile prostitution, except for a
charge under subdivision (a)(4), that the accused reasonably
believed the person was of the age of 18 years or over or was
not a severely or profoundly intellectually disabled mentally
retarded person at the time of the act giving rise to the
charge.

(d) Sentence. A violation of subdivision (a)(1) is a Class
1 felony, unless committed within 1,000 feet of real property
comprising a school, in which case it is a Class X felony. A
violation of subdivision (a)(2) is a Class 1 felony. A
violation of subdivision (a)(3) is a Class X felony. A
violation of subdivision (a)(4) is a Class X felony, for which
the person shall be sentenced to a term of imprisonment of not
less than 6 years and not more than 60 years. A second or
subsequent violation of subdivision (a)(1), (a)(2), or (a)(3),
or any combination of convictions under subdivision (a)(1),
(a)(2), or (a)(3) and Sections 11-14 (prostitution), 11-14.1
(solicitation of a sexual act), 11-14.3 (promoting
prostitution), 11-15 (soliciting for a prostitute), 11-15.1
(soliciting for a juvenile prostitute), 11-16 (pandering),
11-17 (keeping a place of prostitution), 11-17.1 (keeping a
place of juvenile prostitution), 11-18 (patronizing a
prostitute), 11-18.1 (patronizing a juvenile prostitute),
11-19 (pimping), 11-19.1 (juvenile pimping or aggravated
juvenile pimping), or 11-19.2 (exploitation of a child) of this
Code, is a Class X felony.
(e) Forfeiture. Any person convicted of a violation of this
Section that involves promoting juvenile prostitution by
keeping a place of juvenile prostitution or convicted of a
violation of subdivision (a)(4) is subject to the property
forfeiture provisions set forth in Article 124B of the Code of
Criminal Procedure of 1963.

(f) For the purposes of this Section, "prostituted person"
means any person who engages in, or agrees or offers to engage
in, any act of sexual penetration as defined in Section 11-0.1
of this Code for any money, property, token, object, or article
or anything of value, or any touching or fondling of the sex
organs of one person by another person, for any money,
property, token, object, or article or anything of value, for
the purpose of sexual arousal or gratification.
(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff.
1-1-12; revised 9-12-11.)
(720 ILCS 5/11-18.1) (from Ch. 38, par. 11-18.1)
Sec. 11-18.1. Patronizing a minor engaged in prostitution.
(a) Any person who engages in an act of sexual penetration
as defined in Section 11-0.1 of this Code with a person engaged
in prostitution who is under 18 years of age or is a severely
or profoundly intellectually disabled person commits
patronizing a minor engaged in prostitution.
(a-5) Any person who engages in any touching or fondling,
with a person engaged in prostitution who either is under 18
years of age or is a severely or profoundly intellectually
disabled mentally retarded person, of the sex organs of one
person by the other person, with the intent to achieve sexual
arousal or gratification, commits patronizing a minor engaged
in prostitution.
(b) It is an affirmative defense to the charge of

patronizing a minor engaged in prostitution that the accused
reasonably believed that the person was of the age of 18 years
or over or was not a severely or profoundly intellectually
disabled person at the time of the act giving rise to the
charge.
(c) Sentence. A person who commits patronizing a juvenile
prostitute is guilty of a Class 3 felony, unless committed
within 1,000 feet of real property comprising a school, in
which case it is a Class 2 felony. A person convicted of a
second or subsequent violation of this Section, or of any
combination of such number of convictions under this Section
and Sections 11-14 (prostitution), 11-14.1 (solicitation of a
sexual act), 11-14.3 (promoting prostitution), 11-14.4
(promoting juvenile prostitution), 11-15 (soliciting for a
prostitute), 11-15.1 (soliciting for a juvenile prostitute),
11-16 (pandering), 11-17 (keeping a place of prostitution),
11-17.1 (keeping a place of juvenile prostitution), 11-18
(patronizing a prostitute), 11-19 (pimping), 11-19.1 (juvenile
pimping or aggravated juvenile pimping), or 11-19.2
(exploitation of a child) of this Code, is guilty of a Class 2
felony. The fact of such conviction is not an element of the
offense and may not be disclosed to the jury during trial
unless otherwise permitted by issues properly raised during
such trial.
(Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11;
97-227, eff. 1-1-12; revised 10-12-11.)

(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
or reproduction or depicts by computer any child whom he or
she knows or reasonably should know to be under the age of
18 and at least 13 years of age or any severely or
profoundly intellectually disabled person where such child
or severely or profoundly intellectually disabled person
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 severely or profoundly
intellectually disabled person 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
severely or profoundly intellectually disabled person
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
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 severely or
profoundly intellectually disabled person whom the person
knows or reasonably should know to be under the age of 18
and at least 13 years of age or to be a severely or
profoundly intellectually disabled person, 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 and at
least 13 years of age or a severely or profoundly
intellectually disabled person 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 and at least 13 years of age
or a severely or profoundly intellectually disabled person
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 severely or
profoundly intellectually disabled person 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
and at least 13 years of age or a severely or profoundly
intellectually disabled person and who knowingly permits,
induces, promotes, or arranges for such child or severely
or profoundly intellectually disabled person 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,
possesses any film, videotape, photograph or other similar
visual reproduction or depiction by computer of any child
or severely or profoundly intellectually disabled person
whom the person knows or reasonably should know to be under
the age of 18 and at least 13 years of age or to be a
severely or profoundly intellectually disabled person,
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 and at least 13 years of age or a severely or
profoundly intellectually disabled person 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 severely or
profoundly intellectually disabled person 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.
(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 severely or
profoundly intellectually disabled person 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 severely or profoundly intellectually disabled
person 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 bonafide treatment or professional
education programs conducted by licensed physicians,
psychologists or social workers.
(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, 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 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.
(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 and at least 13 years of age or a severely
or profoundly intellectually disabled person 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, 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
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 16D-2 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 and at
least 13 years of age or a severely or profoundly
intellectually disabled mentally retarded person,
regardless of the method by which the film, videotape,
photograph, or other similar visual medium or reproduction
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 and at least 13 years of age or a severely or
profoundly intellectually disabled mentally retarded
person.
(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 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
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
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. 96-292, eff. 1-1-10; 96-712, eff. 1-1-10;
96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-157, eff.
1-1-12; 97-227, eff. 1-1-12; revised 9-12-11.)
(720 ILCS 5/11-20.1B) (was 720 ILCS 5/11-20.3)
Sec. 11-20.1B. Aggravated child pornography.
(a) A person commits aggravated child pornography who:
(1) films, videotapes, photographs, or otherwise
depicts or portrays by means of any similar visual medium
or reproduction or depicts by computer any child whom he or
she knows or reasonably should know to be under the age of
13 years where such child 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 and the mouth, anus, or sex
organs of another person or animal; or which involves
the mouth, anus or sex organs of the child 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
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 whom the person knows
or reasonably should know to be under the age of 13 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 13 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 13 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 severely or profoundly intellectually
disabled mentally retarded person 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 13
and who knowingly permits, induces, promotes, or arranges
for such child 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,
possesses any film, videotape, photograph or other similar
visual reproduction or depiction by computer of any child
whom the person knows or reasonably should know to be under
the age of 13 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 13 to appear in any videotape, photograph, film,
stage play, live presentation, or other similar visual
reproduction or depiction by computer in which the child
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.
(b)(1) It shall be an affirmative defense to a charge of
aggravated child pornography that the defendant reasonably

believed, under all of the circumstances, that the child was 13
years of age or older, 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 13 years of age or older and
his or her reliance upon the information so obtained was
clearly reasonable.
(2) The charge of aggravated 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
bonafide treatment or professional education programs
conducted by licensed physicians, psychologists or social
workers.
(3) If the defendant possessed more than 3 of the same
film, videotape or visual reproduction or depiction by computer
in which aggravated child pornography is depicted, then the
trier of fact may infer that the defendant possessed such
materials with the intent to disseminate them.
(4) The charge of aggravated 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 aggravated 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.

(5) 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) Sentence: (1) A person who commits a violation of
paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) is
guilty of a Class X felony with a mandatory minimum fine of
$2,000 and a maximum fine of $100,000.
(2) A person who commits a violation of paragraph (6) of
subsection (a) is guilty of a Class 2 felony with a mandatory
minimum fine of $1000 and a maximum fine of $100,000.
(3) 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.
(4) A person who commits a violation of paragraph (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 $1000 and a maximum fine of $100,000.
(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 13 engaged in any activity described in
subparagraphs (i) through (vii) of paragraph (1) of subsection
(a), and any material or equipment used or intended for use in
photographing, filming, printing, producing, reproducing,
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
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 16D-2 of this
Code.
(7) For the purposes of this Section, "child" means a
person, either in part or in total, under the age of 13,
regardless of the method by which the film, videotape,
photograph, or other similar visual medium or reproduction
or depiction by computer is created, adopted, or modified
to appear as such.
(g) When a charge of aggravated child pornography is
brought, the age of the child is an element of the offense to
be resolved by the trier of fact as either exceeding or not
exceeding the age in question. The trier of fact can rely on

its own everyday observations and common experiences in making
this determination.
(Source: P.A. 95-579, eff. 6-1-08; 96-292, eff. 1-1-10; 96-712,
eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11;
incorporates 97-227, eff. 1-1-12; revised 9-12-11.)
(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
Sec. 12-2. Aggravated assault.
(a) Offense based on location of conduct. A person commits
aggravated assault when he or she commits an assault against an
individual who is on or about a public way, public property, a
public place of accommodation or amusement, or a sports venue.
(b) Offense based on status of victim. A person commits
aggravated assault when, in committing an assault, he or she
knows the individual assaulted to be any of the following:
(1) A physically handicapped person or a person 60
years of age or older and the assault is without legal
justification.
(2) A teacher or school employee upon school grounds or
grounds adjacent to a school or in any part of a building
used for school purposes.
(3) A park district employee upon park grounds or
grounds adjacent to a park or in any part of a building
used for park purposes.
(4) A peace officer, community policing volunteer,
fireman, private security officer, emergency management

worker, emergency medical technician, or utility worker:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her
official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(5) A correctional officer or probation officer:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her
official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(6) A correctional institution employee, a county
juvenile detention center employee who provides direct and
continuous supervision of residents of a juvenile
detention center, including a county juvenile detention
center employee who supervises recreational activity for
residents of a juvenile detention center, or a Department
of Human Services employee, Department of Human Services
officer, or employee of a subcontractor of the Department
of Human Services supervising or controlling sexually
dangerous persons or sexually violent persons:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her
official duties; or
(iii) assaulted in retaliation for performing his

or her official duties.
(7) An employee of the State of Illinois, a municipal
corporation therein, or a political subdivision thereof,
performing his or her official duties.
(8) A transit employee performing his or her official
duties, or a transit passenger.
(9) A sports official or coach actively participating
in any level of athletic competition within a sports venue,
on an indoor playing field or outdoor playing field, or
within the immediate vicinity of such a facility or field.
(10) A person authorized to serve process under Section
2-202 of the Code of Civil Procedure or a special process
server appointed by the circuit court, while that
individual is in the performance of his or her duties as a
process server.
(c) Offense based on use of firearm, device, or motor
vehicle. A person commits aggravated assault when, in
committing an assault, he or she does any of the following:
(1) Uses a deadly weapon, an air rifle as defined in
the Air Rifle Act, or any device manufactured and designed
to be substantially similar in appearance to a firearm,
other than by discharging a firearm.
(2) Discharges a firearm, other than from a motor
vehicle.
(3) Discharges a firearm from a motor vehicle.
(4) Wears a hood, robe, or mask to conceal his or her

identity.
(5) Knowingly and without lawful justification shines
or flashes a laser gun sight or other laser device attached
to a firearm, or used in concert with a firearm, so that
the laser beam strikes near or in the immediate vicinity of
any person.
(6) Uses a firearm, other than by discharging the
firearm, against a peace officer, community policing
volunteer, fireman, private security officer, emergency
management worker, emergency medical technician, employee
of a police department, employee of a sheriff's department,
or traffic control municipal employee:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her
official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(7) Without justification operates a motor vehicle in a
manner which places a person, other than a person listed in
subdivision (b)(4), in reasonable apprehension of being
struck by the moving motor vehicle.
(8) Without justification operates a motor vehicle in a
manner which places a person listed in subdivision (b)(4),
in reasonable apprehension of being struck by the moving
motor vehicle.
(d) Sentence. Aggravated assault as defined in subdivision

(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
(c)(1), or (c)(4) is a Class A misdemeanor, except that
aggravated assault as defined in subdivision (b)(4) and (b)(7)
is a Class 4 felony if a Category I, Category II, or Category
III weapon is used in the commission of the assault. Aggravated
assault as defined in subdivision (b)(5), (b)(6), (b)(10),
(c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony.
Aggravated assault as defined in subdivision (c)(3) or (c)(8)
is a Class 3 felony.
(e) For the purposes of this Section, "Category I weapon",
"Category II weapon, and "Category III weapon" have the
meanings ascribed to those terms in Section 33A-1 of this Code.
an employee of a county juvenile detention center who provides
direct and continuous supervision of residents of a juvenile
detention center, including an employee of a county juvenile
detention center who supervises recreational activity for
residents of a juvenile detention center,
; or
(20) Knows the individual assaulted to be either:
(A) a person authorized to serve process under
Section 2-202 of the Code of Civil Procedure; or
(B) a special process server appointed by the
circuit court;
while that individual is in the performance of his or her
duties as a process server.
, and (20)

(Source: P.A. 96-201, eff. 8-10-09; 96-1000, eff. 7-2-10;
96-1109, eff. 1-1-11; 96-1398, eff. 7-29-10; 96-1551, eff.
7-1-11; 97-225, eff. 7-28-11; 97-313, eff. 1-1-12; 97-333, eff.
8-12-11; revised 9-12-11.)
(720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
Sec. 12-3.05. Aggravated battery.
(a) Offense based on injury. A person commits aggravated
battery when, in committing a battery, other than by the
discharge of a firearm, he or she knowingly does any of the
following:
(1) Causes great bodily harm or permanent disability or
disfigurement.
(2) Causes severe and permanent disability, great
bodily harm, or disfigurement by means of a caustic or
flammable substance, a poisonous gas, a deadly biological
or chemical contaminant or agent, a radioactive substance,
or a bomb or explosive compound.
(3) Causes great bodily harm or permanent disability or
disfigurement to an individual whom the person knows to be
a peace officer, community policing volunteer, fireman,
private security officer, correctional institution
employee, or Department of Human Services employee
supervising or controlling sexually dangerous persons or
sexually violent persons:
(i) performing his or her official duties;

(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(4) Causes great bodily harm or permanent disability or
disfigurement to an individual 60 years of age or older.
(5) Strangles another individual.
(b) Offense based on injury to a child or intellectually
disabled mentally retarded person. A person who is at least 18
years of age commits aggravated battery when, in committing a
battery, he or she knowingly and without legal justification by
any means:
(1) causes great bodily harm or permanent disability or
disfigurement to any child under the age of 13 years, or to
any severely or profoundly intellectually disabled
mentally retarded person; or
(2) causes bodily harm or disability or disfigurement
to any child under the age of 13 years or to any severely
or profoundly intellectually disabled mentally retarded
person.
(c) Offense based on location of conduct. A person commits
aggravated battery when, in committing a battery, other than by
the discharge of a firearm, he or she is or the person battered
is on or about a public way, public property, a public place of
accommodation or amusement, a sports venue, or a domestic
violence shelter.

(d) Offense based on status of victim. A person commits
aggravated battery when, in committing a battery, other than by
discharge of a firearm, he or she knows the individual battered
to be any of the following:
(1) A person 60 years of age or older.
(2) A person who is pregnant or physically handicapped.
(3) A teacher or school employee upon school grounds or
grounds adjacent to a school or in any part of a building
used for school purposes.
(4) A peace officer, community policing volunteer,
fireman, private security officer, correctional
institution employee, or Department of Human Services
employee supervising or controlling sexually dangerous
persons or sexually violent persons:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(5) A judge, emergency management worker, emergency
medical technician, or utility worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.

(6) An officer or employee of the State of Illinois, a
unit of local government, or a school district, while
performing his or her official duties.
(7) A transit employee performing his or her official
duties, or a transit passenger.
(8) A taxi driver on duty.
(9) A merchant who detains the person for an alleged
commission of retail theft under Section 16-26 of this Code
and the person without legal justification by any means
causes bodily harm to the merchant.
(10) A person authorized to serve process under Section
2-202 of the Code of Civil Procedure or a special process
server appointed by the circuit court while that individual
is in the performance of his or her duties as a process
server.
(e) Offense based on use of a firearm. A person commits
aggravated battery when, in committing a battery, he or she
knowingly does any of the following:
(1) Discharges a firearm, other than a machine gun or a
firearm equipped with a silencer, and causes any injury to
another person.
(2) Discharges a firearm, other than a machine gun or a
firearm equipped with a silencer, and causes any injury to
a person he or she knows to be a peace officer, community
policing volunteer, person summoned by a police officer,
fireman, private security officer, correctional

institution employee, or emergency management worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(3) Discharges a firearm, other than a machine gun or a
firearm equipped with a silencer, and causes any injury to
a person he or she knows to be an emergency medical
technician employed by a municipality or other
governmental unit:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(4) Discharges a firearm and causes any injury to a
person he or she knows to be a teacher, a student in a
school, or a school employee, and the teacher, student, or
employee is upon school grounds or grounds adjacent to a
school or in any part of a building used for school
purposes.
(5) Discharges a machine gun or a firearm equipped with
a silencer, and causes any injury to another person.
(6) Discharges a machine gun or a firearm equipped with
a silencer, and causes any injury to a person he or she

knows to be a peace officer, community policing volunteer,
person summoned by a police officer, fireman, private
security officer, correctional institution employee or
emergency management worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(7) Discharges a machine gun or a firearm equipped with
a silencer, and causes any injury to a person he or she
knows to be an emergency medical technician employed by a
municipality or other governmental unit:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(8) Discharges a machine gun or a firearm equipped with
a silencer, and causes any injury to a person he or she
knows to be a teacher, or a student in a school, or a
school employee, and the teacher, student, or employee is
upon school grounds or grounds adjacent to a school or in
any part of a building used for school purposes.
(f) Offense based on use of a weapon or device. A person
commits aggravated battery when, in committing a battery, he or

she does any of the following:
(1) Uses a deadly weapon other than by discharge of a
firearm, or uses an air rifle as defined in the Air Rifle
Act.
(2) Wears a hood, robe, or mask to conceal his or her
identity.
(3) Knowingly and without lawful justification shines
or flashes a laser gunsight or other laser device attached
to a firearm, or used in concert with a firearm, so that
the laser beam strikes upon or against the person of
another.
(g) Offense based on certain conduct. A person commits
aggravated battery when, other than by discharge of a firearm,
he or she does any of the following:
(1) Violates Section 401 of the Illinois Controlled
Substances Act by unlawfully delivering a controlled
substance to another and any user experiences great bodily
harm or permanent disability as a result of the injection,
inhalation, or ingestion of any amount of the controlled
substance.
(2) Knowingly administers to an individual or causes
him or her to take, without his or her consent or by threat
or deception, and for other than medical purposes, any
intoxicating, poisonous, stupefying, narcotic, anesthetic,
or controlled substance, or gives to another person any
food containing any substance or object intended to cause

physical injury if eaten.
(3) Knowingly causes or attempts to cause a
correctional institution employee or Department of Human
Services employee to come into contact with blood, seminal
fluid, urine, or feces by throwing, tossing, or expelling
the fluid or material, and the person is an inmate of a
penal institution or is a sexually dangerous person or
sexually violent person in the custody of the Department of
Human Services.
(h) Sentence. Unless otherwise provided, aggravated
battery is a Class 3 felony.
Aggravated battery as defined in subdivision (a)(4),
(d)(4), or (g)(3) is a Class 2 felony.
Aggravated battery as defined in subdivision (a)(3) or
(g)(1) is a Class 1 felony.
Aggravated battery as defined in subdivision (a)(1) is a
Class 1 felony when the aggravated battery was intentional and
involved the infliction of torture, as defined in paragraph
(14) of subsection (b) of Section 9-1 of this Code, as 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.
Aggravated battery under subdivision (a)(5) is a Class 1
felony if:
(A) the person used or attempted to use a dangerous
instrument while committing the offense; or

(B) the person caused great bodily harm or permanent
disability or disfigurement to the other person while
committing the offense; or
(C) the person has been previously convicted of a
violation of subdivision (a)(5) under the laws of this
State or laws similar to subdivision (a)(5) of any other
state.
Aggravated battery as defined in subdivision (e)(1) is a
Class X felony.
Aggravated battery as defined in subdivision (a)(2) is a
Class X felony for which a person shall be sentenced to a term
of imprisonment of a minimum of 6 years and a maximum of 45
years.
Aggravated battery as defined in subdivision (e)(5) is a
Class X felony for which a person shall be sentenced to a term
of imprisonment of a minimum of 12 years and a maximum of 45
years.
Aggravated battery as defined in subdivision (e)(2),
(e)(3), or (e)(4) is a Class X felony for which a person shall
be sentenced to a term of imprisonment of a minimum of 15 years
and a maximum of 60 years.
Aggravated battery as defined in subdivision (e)(6),
(e)(7), or (e)(8) is a Class X felony for which a person shall
be sentenced to a term of imprisonment of a minimum of 20 years
and a maximum of 60 years.
Aggravated battery as defined in subdivision (b)(1) is a

Class X felony, except that:
(1) 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;
(2) 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;
(3) 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.
(i) Definitions. For the purposes of this Section:
"Building or other structure used to provide shelter" has
the meaning ascribed to "shelter" in Section 1 of the Domestic
Violence Shelters Act.
"Domestic violence" has the meaning ascribed to it in
Section 103 of the Illinois Domestic Violence Act of 1986.
"Domestic violence shelter" means any building or other
structure used to provide shelter or other services to victims
or to the dependent children of victims of domestic violence
pursuant to the Illinois Domestic Violence Act of 1986 or the
Domestic Violence Shelters Act, or any place within 500 feet of
such a building or other structure in the case of a person who
is going to or from such a building or other structure.

"Firearm" has the meaning provided under Section 1.1 of the
Firearm Owners Identification Card Act, and does not include an
air rifle as defined by Section 1 of the Air Rifle Act.
"Machine gun" has the meaning ascribed to it in Section
24-1 of this Code.
"Merchant" has the meaning ascribed to it in Section 16-0.1
of this Code.
"Strangle" means intentionally impeding the normal
breathing or circulation of the blood of an individual by
applying pressure on the throat or neck of that individual or
by blocking the nose or mouth of that individual.
(Source: P.A. 96-201, eff. 8-10-09; 96-363, eff. 8-13-09;
96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-597, eff.
1-1-12; incorporates 97-227, eff. 1-1-12, 97-313, eff. 1-1-12,
and 97-467, eff. 1-1-12; revised 10-12-11.)
(720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
Sec. 12-3.2. Domestic battery.
(a) A person commits domestic battery if he or she
knowingly without legal justification by any means:
(1) Causes bodily harm to any family or household
member;
(2) Makes physical contact of an insulting or provoking
nature with any family or household member.
(b) Sentence. Domestic battery is a Class A misdemeanor.
Domestic battery is a Class 4 felony if the defendant has any

prior conviction under this Code for domestic battery (Section
12-3.2) or violation of an order of protection (Section 12-3.4
or 12-30), or any prior conviction under the law of another
jurisdiction for an offense which is substantially similar.
Domestic battery is a Class 4 felony if the defendant has any
prior conviction under this Code for first degree murder
(Section 9-1), attempt to commit first degree murder (Section
8-4), aggravated domestic battery (Section 12-3.3), aggravated
battery (Section 12-3.05 or 12-4), heinous battery (Section
12-4.1), aggravated battery with a firearm (Section 12-4.2),
aggravated battery with a machine gun or a firearm equipped
with a silencer (Section 12-4.2-5), aggravated battery of a
child (Section 12-4.3), aggravated battery of an unborn child
(subsection (a-5) of Section 12-3.1, or Section 12-4.4),
aggravated battery of a senior citizen (Section 12-4.6),
stalking (Section 12-7.3), aggravated stalking (Section
12-7.4), criminal sexual assault (Section 11-1.20 or 12-13),
aggravated criminal sexual assault (Section 11-1.30 or 12-14),
kidnapping (Section 10-1), aggravated kidnapping (Section
10-2), predatory criminal sexual assault of a child (Section
11-1.40 or 12-14.1), aggravated criminal sexual abuse (Section
11-1.60 or 12-16), unlawful restraint (Section 10-3),
aggravated unlawful restraint (Section 10-3.1), aggravated
arson (Section 20-1.1), or aggravated discharge of a firearm
(Section 24-1.2), or any prior conviction under the law of
another jurisdiction for any offense that is substantially

similar to the offenses listed in this Section, when any of
these offenses have been committed against a family or
household member. In addition to any other sentencing
alternatives, for any second or subsequent conviction of
violating this Section, the offender shall be mandatorily
sentenced to a minimum of 72 consecutive hours of imprisonment.
The imprisonment shall not be subject to suspension, nor shall
the person be eligible for probation in order to reduce the
sentence.
(c) Domestic battery committed in the presence of a child.
In addition to any other sentencing alternatives, a defendant
who commits, in the presence of a child, a felony domestic
battery (enhanced under subsection (b)), aggravated domestic
battery (Section 12-3.3), aggravated battery (Section 12-3.05
or 12-4), unlawful restraint (Section 10-3), or aggravated
unlawful restraint (Section 10-3.1) against a family or
household member shall be required to serve a mandatory minimum
imprisonment of 10 days or perform 300 hours of community
service, or both. The defendant shall further be liable for the
cost of any counseling required for the child at the discretion
of the court in accordance with subsection (b) of Section 5-5-6
of the Unified Code of Corrections. For purposes of this
Section, "child" means a person under 18 years of age who is
the defendant's or victim's child or step-child or who is a
minor child residing within or visiting the household of the
defendant or victim.

(d) Upon conviction of domestic battery, the court shall
advise the defendant orally or in writing, substantially as
follows: "An individual convicted of domestic battery may be
subject to federal criminal penalties for possessing,
transporting, shipping, or receiving any firearm or ammunition
in violation of the federal Gun Control Act of 1968 (18 U.S.C.
922(g)(8) and (9))." A notation shall be made in the court file
that the admonition was given.
(Source: P.A. 96-287, eff. 8-11-09; 96-1551, Article 1, Section
5, eff. 7-1-11; 96-1551, Article 2, Section 1035, eff. 7-1-11;
revised 9-30-11.)
(720 ILCS 5/12-3.4) (was 720 ILCS 5/12-30)
Sec. 12-3.4. Violation of an order of protection.
(a) A person commits violation of an order of protection
if:
(1) He or she knowingly commits an act which was
prohibited by a court or fails to commit an act which was
ordered by a court in violation of:
(i) a remedy in a valid order of protection
authorized under paragraphs (1), (2), (3), (14), or
(14.5) of subsection (b) of Section 214 of the Illinois
Domestic Violence Act of 1986,
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraphs (1), (2),
(3), (14) or (14.5) of subsection (b) of Section 214 of

the Illinois Domestic Violence Act of 1986, in a valid
order of protection, which is authorized under the laws
of another state, tribe or United States territory,
(iii) any other remedy when the act constitutes a
crime against the protected parties as the term
protected parties is defined in Section 112A-4 of the
Code of Criminal Procedure of 1963; and
(2) Such violation occurs after the offender has been
served notice of the contents of the order, pursuant to the
Illinois Domestic Violence Act of 1986 or any substantially
similar statute of another state, tribe or United States
territory, or otherwise has acquired actual knowledge of
the contents of the order.
An order of protection issued by a state, tribal or
territorial court related to domestic or family violence shall
be deemed valid if the issuing court had jurisdiction over the
parties and matter under the law of the state, tribe or
territory. There shall be a presumption of validity where an
order is certified and appears authentic on its face. For
purposes of this Section, an "order of protection" may have
been issued in a criminal or civil proceeding.
(a-5) Failure to provide reasonable notice and opportunity
to be heard shall be an affirmative defense to any charge or
process filed seeking enforcement of a foreign order of
protection.
(b) Nothing in this Section shall be construed to diminish

the inherent authority of the courts to enforce their lawful
orders through civil or criminal contempt proceedings.
(c) The limitations placed on law enforcement liability by
Section 305 of the Illinois Domestic Violence Act of 1986 apply
to actions taken under this Section.
(d) Violation of an order of protection is a Class A
misdemeanor. Violation of an order of protection is a Class 4
felony if the defendant has any prior conviction under this
Code for domestic battery (Section 12-3.2) or violation of an
order of protection (Section 12-3.4 or 12-30). Violation of an
order of protection is a Class 4 felony if the defendant has
any prior conviction under this Code for first degree murder
(Section 9-1), attempt to commit first degree murder (Section
8-4), aggravated domestic battery (Section 12-3.3), aggravated
battery (Section 12-3.05 or 12-4), heinous battery (Section
12-4.1), aggravated battery with a firearm (Section 12-4.2),
aggravated battery with a machine gun or a firearm equipped
with a silencer (Section 12-4.2-5), aggravated battery of a
child (Section 12-4.3), aggravated battery of an unborn child
(subsection (a-5) of Section 12-3.1, or Section 12-4.4),
aggravated battery of a senior citizen (Section 12-4.6),
stalking (Section 12-7.3), aggravated stalking (Section
12-7.4), criminal sexual assault (Section 11-1.20 or 12-13),
aggravated criminal sexual assault (Section 11-1.30 or 12-14),
kidnapping (Section 10-1), aggravated kidnapping (Section
10-2), predatory criminal sexual assault of a child (Section

11-1.40 or 12-14.1), aggravated criminal sexual abuse (Section
11-1.60 or 12-16), unlawful restraint (Section 10-3),
aggravated unlawful restraint (Section 10-3.1), aggravated
arson (Section 20-1.1), aggravated discharge of a firearm
(Section 24-1.2), or a violation of any former law of this
State that is substantially similar to any listed offense, when
any of these offenses have been committed against a family or
household member as defined in Section 112A-3 of the Code of
Criminal Procedure of 1963. The court shall impose a minimum
penalty of 24 hours imprisonment for defendant's second or
subsequent violation of any order of protection; unless the
court explicitly finds that an increased penalty or such period
of imprisonment would be manifestly unjust. In addition to any
other penalties, the court may order the defendant to pay a
fine as authorized under Section 5-9-1 of the Unified Code of
Corrections or to make restitution to the victim under Section
5-5-6 of the Unified Code of Corrections. In addition to any
other penalties, including those imposed by Section 5-9-1.5 of
the Unified Code of Corrections, the court shall impose an
additional fine of $20 as authorized by Section 5-9-1.11 of the
Unified Code of Corrections upon any person convicted of or
placed on supervision for a violation of this Section. The
additional fine shall be imposed for each violation of this
Section.
(e) (Blank).
(f) A defendant who directed the actions of a third party

to violate this Section, under the principles of accountability
set forth in Article 5 of this Code, is guilty of violating
this Section as if the same had been personally done by the
defendant, without regard to the mental state of the third
party acting at the direction of the defendant.
(Source: P.A. 96-1551, Article 1, Section 5, eff. 7-1-11;
96-1551, Article 2, Section 1035, eff. 7-1-11; incorporates
97-311, eff. 8-11-11; revised 9-11-11.)
(720 ILCS 5/12-4.4a)
Sec. 12-4.4a. Abuse or criminal neglect of a long term care
facility resident; criminal abuse or neglect of an elderly
person or person with a disability.
(a) Abuse or criminal neglect of a long term care facility
resident.
(1) A person or an owner or licensee commits abuse of a
long term care facility resident when he or she knowingly
causes any physical or mental injury to, or commits any
sexual offense in this Code against, a resident.
(2) A person or an owner or licensee commits criminal
neglect of a long term care facility resident when he or
she recklessly:
(A) performs acts that cause a resident's life to
be endangered, health to be injured, or pre-existing
physical or mental condition to deteriorate, or that
create the substantial likelihood that an elderly

person's or person with a disability's life will be
endangered, health will be injured, or pre-existing
physical or mental condition will deteriorate;
(B) fails to perform acts that he or she knows or
reasonably should know are necessary to maintain or
preserve the life or health of a resident, and that
failure causes the resident's life to be endangered,
health to be injured, or pre-existing physical or
mental condition to deteriorate, or that create the
substantial likelihood that an elderly person's or
person with a disability's life will be endangered,
health will be injured, or pre-existing physical or
mental condition will deteriorate; or
(C) abandons a resident.
(3) A person or an owner or licensee commits neglect of
a long term care facility resident when he or she
negligently fails to provide adequate medical care,
personal care, or maintenance to the resident which results
in physical or mental injury or deterioration of the
resident's physical or mental condition. An owner or
licensee is guilty under this subdivision (a)(3), however,
only if the owner or licensee failed to exercise reasonable
care in the hiring, training, supervising, or providing of
staff or other related routine administrative
responsibilities.
(b) Criminal abuse or neglect of an elderly person or

person with a disability.
(1) A caregiver commits criminal abuse or neglect of an
elderly person or person with a disability when he or she
knowingly does any of the following:
(A) performs acts that cause the person's life to
be endangered, health to be injured, or pre-existing
physical or mental condition to deteriorate;
(B) fails to perform acts that he or she knows or
reasonably should know are necessary to maintain or
preserve the life or health of the person, and that
failure causes the person's life to be endangered,
health to be injured, or pre-existing physical or
mental condition to deteriorate;
(C) abandons the person;
(D) physically abuses, harasses, intimidates, or
interferes with the personal liberty of the person; or
(E) exposes the person to willful deprivation.
(2) It is not a defense to criminal abuse or neglect of
an elderly person or person with a disability that the
caregiver reasonably believed that the victim was not an
elderly person or person with a disability.
(c) Offense not applicable.
(1) Nothing in this Section applies to a physician
licensed to practice medicine in all its branches or a duly
licensed nurse providing care within the scope of his or
her professional judgment and within the accepted

standards of care within the community.
(2) Nothing in this Section imposes criminal liability
on a caregiver who made a good faith effort to provide for
the health and personal care of an elderly person or person
with a disability, but through no fault of his or her own
was unable to provide such care.
(3) Nothing in this Section applies to the medical
supervision, regulation, or control of the remedial care or
treatment of residents in a long term care facility
conducted for those who rely upon treatment by prayer or
spiritual means in accordance with the creed or tenets of
any well-recognized church or religious denomination as
described in Section 3-803 of the Nursing Home Care Act,
Section 3-803 of the Specialized Mental Health
Rehabilitation Act, or Section 3-803 of the ID/DD MR/DD
Community Care Act.
(4) Nothing in this Section prohibits a caregiver from
providing treatment to an elderly person or person with a
disability by spiritual means through prayer alone and care
consistent therewith in lieu of medical care and treatment
in accordance with the tenets and practices of any church
or religious denomination of which the elderly person or
person with a disability is a member.
(5) Nothing in this Section limits the remedies
available to the victim under the Illinois Domestic
Violence Act of 1986.

(d) Sentence.
(1) Long term care facility. Abuse of a long term care
facility resident is a Class 3 felony. Criminal neglect of
a long term care facility resident is a Class 4 felony,
unless it results in the resident's death in which case it
is a Class 3 felony. Neglect of a long term care facility
resident is a petty offense.
(2) Caregiver. Criminal abuse or neglect of an elderly
person or person with a disability is a Class 3 felony,
unless it results in the person's death in which case it is
a Class 2 felony, and if imprisonment is imposed it shall
be for a minimum term of 3 years and a maximum term of 14
years.
(e) Definitions. For the purposes of this Section:
"Abandon" means to desert or knowingly forsake a resident
or an elderly person or person with a disability under
circumstances in which a reasonable person would continue to
provide care and custody.
"Caregiver" means a person who has a duty to provide for an
elderly person or person with a disability's health and
personal care, at the elderly person or person with a
disability's place of residence, including, but not limited to,
food and nutrition, shelter, hygiene, prescribed medication,
and medical care and treatment, and includes any of the
following:
(1) A parent, spouse, adult child, or other relative by

blood or marriage who resides with or resides in the same
building with or regularly visits the elderly person or
person with a disability, knows or reasonably should know
of such person's physical or mental impairment, and knows
or reasonably should know that such person is unable to
adequately provide for his or her own health and personal
care.
(2) A person who is employed by the elderly person or
person with a disability or by another to reside with or
regularly visit the elderly person or person with a
disability and provide for such person's health and
personal care.
(3) A person who has agreed for consideration to reside
with or regularly visit the elderly person or person with a
disability and provide for such person's health and
personal care.
(4) A person who has been appointed by a private or
public agency or by a court of competent jurisdiction to
provide for the elderly person or person with a
disability's health and personal care.
"Caregiver" does not include a long-term care facility
licensed or certified under the Nursing Home Care Act or a
facility licensed or certified under the ID/DD MR/DD Community
Care Act or the Specialized Mental Health Rehabilitation Act,
or any administrative, medical, or other personnel of such a
facility, or a health care provider who is licensed under the

Medical Practice Act of 1987 and renders care in the ordinary
course of his or her profession.
"Elderly person" means a person 60 years of age or older
who is incapable of adequately providing for his or her own
health and personal care.
"Licensee" means the individual or entity licensed to
operate a facility under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act, the ID/DD MR/DD
Community Care Act, or the Assisted Living and Shared Housing
Act.
"Long term care facility" means a private home,
institution, building, residence, or other place, whether
operated for profit or not, or a county home for the infirm and
chronically ill operated pursuant to Division 5-21 or 5-22 of
the Counties Code, or any similar institution operated by the
State of Illinois or a political subdivision thereof, which
provides, through its ownership or management, personal care,
sheltered care, or nursing for 3 or more persons not related to
the owner by blood or marriage. The term also includes skilled
nursing facilities and intermediate care facilities as defined
in Titles XVIII and XIX of the federal Social Security Act and
assisted living establishments and shared housing
establishments licensed under the Assisted Living and Shared
Housing Act.
"Owner" means the owner a long term care facility as
provided in the Nursing Home Care Act, the owner of a facility

as provided under the Specialized Mental Health Rehabilitation
Act, the owner of a facility as provided in the ID/DD MR/DD
Community Care Act, or the owner of an assisted living or
shared housing establishment as provided in the Assisted Living
and Shared Housing Act.
"Person with a disability" means a person who suffers from
a permanent physical or mental impairment, resulting from
disease, injury, functional disorder, or congenital condition,
which renders the person incapable of adequately providing for
his or her own health and personal care.
"Resident" means a person residing in a long term care
facility.
"Willful deprivation" has the meaning ascribed to it in
paragraph (15) of Section 103 of the Illinois Domestic Violence
Act of 1986.
(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-38, eff.
6-28-11, and 97-227, eff. 1-1-12; revised 9-12-11.)
(720 ILCS 5/12-6.2)
Sec. 12-6.2. Aggravated intimidation.
(a) A person commits aggravated intimidation when he or she
commits intimidation and:
(1) the person committed the offense in furtherance of
the activities of an organized gang or because of the
person's membership in or allegiance to an organized gang;
or

(2) the offense is committed with the intent to prevent
any person from becoming a community policing volunteer; or
(3) the following conditions are met:
(A) the person knew that the victim was a peace
officer, a correctional institution employee, a
fireman, a community policing volunteer, ; or (v) a
civilian reporting information regarding a forcible
felony to a law enforcement agency; and
(B) the offense was committed:
(i) while the victim was engaged in the
execution of his or her official duties; or
(ii) to prevent the victim from performing his
or her official duties;
(iii) in retaliation for the victim's
performance of his or her official duties;
(iv) by reason of any person's activity as a
community policing volunteer; or
(v) because the person reported information
regarding a forcible felony to a law enforcement
agency.
(b) Sentence. Aggravated intimidation as defined in
paragraph (a)(1) is a Class 1 felony. Aggravated intimidation
as defined in paragraph (a)(2) or (a)(3) is a Class 2 felony
for which the offender may be sentenced to a term of
imprisonment of not less than 3 years nor more than 14 years.
(c) (Blank).

(Source: P.A. 96-1551, eff. 7-1-11; 97-162, eff. 1-1-12;
revised 9-12-11.)
(720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
Sec. 12-7.1. Hate crime.
(a) A person commits hate crime when, by reason of the
actual or perceived race, color, creed, religion, ancestry,
gender, sexual orientation, physical or mental disability, or
national origin of another individual or group of individuals,
regardless of the existence of any other motivating factor or
factors, he commits assault, battery, aggravated assault,
misdemeanor theft, criminal trespass to residence, misdemeanor
criminal damage to property, criminal trespass to vehicle,
criminal trespass to real property, mob action or disorderly
conduct as these crimes are defined in Sections 12-1, 12-2,
12-3(a), 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, and 26-1 of this
Code, respectively, or harassment by telephone as defined in
Section 1-1 of the Harassing and Obscene Communications Act, or
harassment through electronic communications as defined in
clauses (a)(2) and (a)(4) of Section 1-2 of the Harassing and
Obscene Communications Act.
(b) Except as provided in subsection (b-5), hate crime is a
Class 4 felony for a first offense and a Class 2 felony for a
second or subsequent offense.
(b-5) Hate crime is a Class 3 felony for a first offense
and a Class 2 felony for a second or subsequent offense if

committed:
(1) in a church, synagogue, mosque, or other building,
structure, or place used for religious worship or other
religious purpose;
(2) in a cemetery, mortuary, or other facility used for
the purpose of burial or memorializing the dead;
(3) in a school or other educational facility,
including an administrative facility or public or private
dormitory facility of or associated with the school or
other educational facility;
(4) in a public park or an ethnic or religious
community center;
(5) on the real property comprising any location
specified in clauses (1) through (4) of this subsection
(b-5); or
(6) on a public way within 1,000 feet of the real
property comprising any location specified in clauses (1)
through (4) of this subsection (b-5).
(b-10) Upon imposition of any sentence, the trial court
shall also either order restitution paid to the victim or
impose a fine up to $1,000. In addition, any order of probation
or conditional discharge entered following a conviction or an
adjudication of delinquency shall include a condition that the
offender perform public or community service of no less than
200 hours if that service is established in the county where
the offender was convicted of hate crime. In addition, any

order of probation or conditional discharge entered following a
conviction or an adjudication of delinquency shall include a
condition that the offender enroll in an educational program
discouraging hate crimes if the offender caused criminal damage
to property consisting of religious fixtures, objects, or
decorations. The educational program may be administered, as
determined by the court, by a university, college, community
college, non-profit organization, or the Holocaust and
Genocide Commission. Nothing in this subsection (b-10)
prohibits courses discouraging hate crimes from being made
available online. The court may also impose any other condition
of probation or conditional discharge under this Section.
(c) Independent of any criminal prosecution or the result
thereof, any person suffering injury to his person or damage to
his property as a result of hate crime may bring a civil action
for damages, injunction or other appropriate relief. The court
may award actual damages, including damages for emotional
distress, or punitive damages. A judgment may include
attorney's fees and costs. The parents or legal guardians,
other than guardians appointed pursuant to the Juvenile Court
Act or the Juvenile Court Act of 1987, of an unemancipated
minor shall be liable for the amount of any judgment for actual
damages rendered against such minor under this subsection (c)
in any amount not exceeding the amount provided under Section 5
of the Parental Responsibility Law.
(d) "Sexual orientation" means heterosexuality,

homosexuality, or bisexuality.
(Source: P.A. 96-1551, eff. 7-1-11; 97-161, eff. 1-1-12;
revised 9-19-11.)
(720 ILCS 5/12-7.3) (from Ch. 38, par. 12-7.3)
Sec. 12-7.3. Stalking.
(a) A person commits stalking when he or she knowingly
engages in a course of conduct directed at a specific person,
and he or she knows or should know that this course of conduct
would cause a reasonable person to:
(1) fear for his or her safety or the safety of a third
person; or
(2) suffer other emotional distress.
(a-3) A person commits stalking when he or she, knowingly
and without lawful justification, on at least 2 separate
occasions follows another person or places the person under
surveillance or any combination thereof and:
(1) at any time transmits a threat of immediate or
future bodily harm, sexual assault, confinement or
restraint and the threat is directed towards that person or
a family member of that person; or
(2) places that person in reasonable apprehension of
immediate or future bodily harm, sexual assault,
confinement or restraint to or of that person or a family
member of that person.
(a-5) A person commits stalking when he or she has

previously been convicted of stalking another person and
knowingly and without lawful justification on one occasion:
(1) follows that same person or places that same person
under surveillance; and
(2) transmits a threat of immediate or future bodily
harm, sexual assault, confinement or restraint to that
person or a family member of that person.
(b) Sentence. Stalking is a Class 4 felony; a second or
subsequent conviction is a Class 3 felony.
(c) Definitions. For purposes of this Section:
(1) "Course of conduct" means 2 or more acts, including
but not limited to acts in which a defendant directly,
indirectly, or through third parties, by any action,
method, device, or means follows, monitors, observes,
surveils, threatens, or communicates to or about, a person,
engages in other non-consensual contact, or interferes
with or damages a person's property or pet. A course of
conduct may include contact via electronic communications.
(2) "Electronic communication" means any transfer of
signs, signals, writings, sounds, data, or intelligence of
any nature transmitted in whole or in part by a wire,
radio, electromagnetic, photoelectric, or photo-optical
system. "Electronic communication" includes transmissions
by a computer through the Internet to another computer.
(3) "Emotional distress" means significant mental
suffering, anxiety or alarm.

(4) "Family member" means a parent, grandparent,
brother, sister, or child, whether by whole blood,
half-blood, or adoption and includes a step-grandparent,
step-parent, step-brother, step-sister or step-child.
"Family member" also means any other person who regularly
resides in the household, or who, within the prior 6
months, regularly resided in the household.
(5) "Follows another person" means (i) to move in
relative proximity to a person as that person moves from
place to place or (ii) to remain in relative proximity to a
person who is stationary or whose movements are confined to
a small area. "Follows another person" does not include a
following within the residence of the defendant.
(6) "Non-consensual contact" means any contact with
the victim that is initiated or continued without the
victim's consent, including but not limited to being in the
physical presence of the victim; appearing within the sight
of the victim; approaching or confronting the victim in a
public place or on private property; appearing at the
workplace or residence of the victim; entering onto or
remaining on property owned, leased, or occupied by the
victim; or placing an object on, or delivering an object
to, property owned, leased, or occupied by the victim.
(7) "Places a person under surveillance" means: (1)
remaining present outside the person's school, place of
employment, vehicle, other place occupied by the person, or

residence other than the residence of the defendant; or (2)
placing an electronic tracking device on the person or the
person's property.
(8) "Reasonable person" means a person in the victim's
situation.
(9) "Transmits a threat" means a verbal or written
threat or a threat implied by a pattern of conduct or a
combination of verbal or written statements or conduct.
(d) Exemptions.
(1) This Section does not apply to any individual or
organization (i) monitoring or attentive to compliance
with public or worker safety laws, wage and hour
requirements, or other statutory requirements, or (ii)
picketing occurring at the workplace that is otherwise
lawful and arises out of a bona fide labor dispute,
including any controversy concerning wages, salaries,
hours, working conditions or benefits, including health
and welfare, sick leave, insurance, and pension or
retirement provisions, the making or maintaining of
collective bargaining agreements, and the terms to be
included in those agreements.
(2) This Section does not apply to an exercise of the
right to free speech or assembly that is otherwise lawful.
(3) 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, except for willful and wanton misconduct, 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.
(d-5) The incarceration of a person in a penal institution
who commits the course of conduct or transmits a threat is not
a bar to prosecution under this Section.
(d-10) A defendant who directed the actions of a third
party to violate this Section, under the principles of
accountability set forth in Article 5 of this Code, is guilty
of violating this Section as if the same had been personally
done by the defendant, without regard to the mental state of
the third party acting at the direction of the defendant.
(Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11;
97-311, eff. 8-11-11; revised 9-19-11.)
(720 ILCS 5/12-7.4) (from Ch. 38, par. 12-7.4)
Sec. 12-7.4. Aggravated stalking.
(a) A person commits aggravated stalking when he or she
commits stalking and:
(1) causes bodily harm to the victim;
(2) confines or restrains the victim; or

(3) violates a temporary restraining order, an order of
protection, a stalking no contact order, a civil no contact
order, or an injunction prohibiting the behavior described
in subsection (b)(1) of Section 214 of the Illinois
Domestic Violence Act of 1986.
(a-1) A person commits aggravated stalking when he or she
is required to register under the Sex Offender Registration Act
or has been previously required to register under that Act and
commits the offense of stalking when the victim of the stalking
is also the victim of the offense for which the sex offender is
required to register under the Sex Offender Registration Act or
a family member of the victim.
(b) Sentence. Aggravated stalking is a Class 3 felony; a
second or subsequent conviction is a Class 2 felony.
(c) Exemptions.
(1) This Section does not apply to any individual or
organization (i) monitoring or attentive to compliance
with public or worker safety laws, wage and hour
requirements, or other statutory requirements, or (ii)
picketing occurring at the workplace that is otherwise
lawful and arises out of a bona fide labor dispute
including any controversy concerning wages, salaries,
hours, working conditions or benefits, including health
and welfare, sick leave, insurance, and pension or
retirement provisions, the managing or maintenance of
collective bargaining agreements, and the terms to be

included in those agreements.
(2) This Section does not apply to an exercise of the
right of free speech or assembly that is otherwise lawful.
(3) 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, except for willful and wanton misconduct, 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.
(d) A defendant who directed the actions of a third party
to violate this Section, under the principles of accountability
set forth in Article 5 of this Code, is guilty of violating
this Section as if the same had been personally done by the
defendant, without regard to the mental state of the third
party acting at the direction of the defendant.
(Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11;
97-311, eff. 8-11-11; 97-468, eff. 1-1-12; revised 9-12-11.)
(720 ILCS 5/12-7.5)
Sec. 12-7.5. Cyberstalking.
(a) A person commits cyberstalking when he or she engages

in a course of conduct using electronic communication directed
at a specific person, and he or she knows or should know that
would cause a reasonable person to:
(1) fear for his or her safety or the safety of a third
person; or
(2) suffer other emotional distress.
(a-3) A person commits cyberstalking when he or she,
knowingly and without lawful justification, on at least 2
separate occasions, harasses another person through the use of
electronic communication and:
(1) at any time transmits a threat of immediate or
future bodily harm, sexual assault, confinement, or
restraint and the threat is directed towards that person or
a family member of that person; or
(2) places that person or a family member of that
person in reasonable apprehension of immediate or future
bodily harm, sexual assault, confinement, or restraint; or
(3) at any time knowingly solicits the commission of an
act by any person which would be a violation of this Code
directed towards that person or a family member of that
person.
(a-5) A person commits cyberstalking when he or she,
knowingly and without lawful justification, creates and
maintains an Internet website or webpage which is accessible to
one or more third parties for a period of at least 24 hours,
and which contains statements harassing another person and:

(1) which communicates a threat of immediate or future
bodily harm, sexual assault, confinement, or restraint,
where the threat is directed towards that person or a
family member of that person, or
(2) which places that person or a family member of that
person in reasonable apprehension of immediate or future
bodily harm, sexual assault, confinement, or restraint, or
(3) which knowingly solicits the commission of an act
by any person which would be a violation of this Code
directed towards that person or a family member of that
person.
(b) Sentence. Cyberstalking is a Class 4 felony; a second
or subsequent conviction is a Class 3 felony.
(c) For purposes of this Section:
(1) "Course of conduct" means 2 or more acts, including
but not limited to acts in which a defendant directly,
indirectly, or through third parties, by any action,
method, device, or means follows, monitors, observes,
surveils, threatens, or communicates to or about, a person,
engages in other non-consensual contact, or interferes
with or damages a person's property or pet. The
incarceration in a penal institution of a person who
commits the course of conduct is not a bar to prosecution
under this Section.
(2) "Electronic communication" means any transfer of
signs, signals, writings, sounds, data, or intelligence of

any nature transmitted in whole or in part by a wire,
radio, electromagnetic, photoelectric, or photo-optical
system. "Electronic communication" includes transmissions
through an electronic device including, but not limited to,
a telephone, cellular phone, computer, or pager, which
communication includes, but is not limited to, e-mail,
instant message, text message, or voice mail.
(3) "Emotional distress" means significant mental
suffering, anxiety or alarm.
(4) "Harass" means to engage in a knowing and willful
course of conduct directed at a specific person that
alarms, torments, or terrorizes that person.
(5) "Non-consensual contact" means any contact with
the victim that is initiated or continued without the
victim's consent, including but not limited to being in the
physical presence of the victim; appearing within the sight
of the victim; approaching or confronting the victim in a
public place or on private property; appearing at the
workplace or residence of the victim; entering onto or
remaining on property owned, leased, or occupied by the
victim; or placing an object on, or delivering an object
to, property owned, leased, or occupied by the victim.
(6) "Reasonable person" means a person in the victim's
circumstances, with the victim's knowledge of the
defendant and the defendant's prior acts.
(7) "Third party" means any person other than the

person violating these provisions and the person or persons
towards whom the violator's actions are directed.
(d) 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, except
for willful and wanton misconduct, 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.
(e) A defendant who directed the actions of a third party
to violate this Section, under the principles of accountability
set forth in Article 5 of this Code, is guilty of violating
this Section as if the same had been personally done by the
defendant, without regard to the mental state of the third
party acting at the direction of the defendant.
(Source: P.A. 96-328, eff. 8-11-09; 96-686, eff. 1-1-10;
96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-303, eff.
8-11-11; 97-311, eff. 8-11-11; revised 9-12-11.)
(720 ILCS 5/16-0.1)
Sec. 16-0.1. Definitions. In this Article, unless the
context clearly requires otherwise, the following terms are
defined as indicated:

"Access" means to use, instruct, communicate with, store
data in, retrieve or intercept data from, or otherwise utilize
any services of a computer.
"Coin-operated machine" includes any automatic vending
machine or any part thereof, parking meter, coin telephone,
coin-operated transit turnstile, transit fare box, coin
laundry machine, coin dry cleaning machine, amusement machine,
music machine, vending machine dispensing goods or services, or
money changer.
"Communication device" means any type of instrument,
device, machine, or equipment which is capable of transmitting,
acquiring, decrypting, or receiving any telephonic,
electronic, data, Internet access, audio, video, microwave, or
radio transmissions, signals, communications, or services,
including the receipt, acquisition, transmission, or
decryption of all such communications, transmissions, signals,
or services provided by or through any cable television, fiber
optic, telephone, satellite, microwave, radio, Internet-based,
data transmission, or wireless distribution network, system or
facility; or any part, accessory, or component thereof,
including any computer circuit, security module, smart card,
software, computer chip, electronic mechanism or other
component, accessory or part of any communication device which
is capable of facilitating the transmission, decryption,
acquisition or reception of all such communications,
transmissions, signals, or services.

"Communication service" means any service lawfully
provided for a charge or compensation to facilitate the lawful
origination, transmission, emission, or reception of signs,
signals, data, writings, images, and sounds or intelligence of
any nature by telephone, including cellular telephones or a
wire, wireless, radio, electromagnetic, photo-electronic or
photo-optical system; and also any service lawfully provided by
any radio, telephone, cable television, fiber optic,
satellite, microwave, Internet-based or wireless distribution
network, system, facility or technology, including, but not
limited to, any and all electronic, data, video, audio,
Internet access, telephonic, microwave and radio
communications, transmissions, signals and services, and any
such communications, transmissions, signals and services
lawfully provided directly or indirectly by or through any of
those networks, systems, facilities or technologies.
"Communication service provider" means: (1) any person or
entity providing any communication service, whether directly
or indirectly, as a reseller, including, but not limited to, a
cellular, paging or other wireless communications company or
other person or entity which, for a fee, supplies the facility,
cell site, mobile telephone switching office or other equipment
or communication service; (2) any person or entity owning or
operating any cable television, fiber optic, satellite,
telephone, wireless, microwave, radio, data transmission or
Internet-based distribution network, system or facility; and

(3) any person or entity providing any communication service
directly or indirectly by or through any such distribution
system, network or facility.
"Computer" means a device that accepts, processes, stores,
retrieves or outputs data, and includes but is not limited to
auxiliary storage and telecommunications devices connected to
computers.
"Continuing course of conduct" means a series of acts, and
the accompanying mental state necessary for the crime in
question, irrespective of whether the series of acts are
continuous or intermittent.
"Delivery container" means any bakery basket of wire or
plastic used to transport or store bread or bakery products,
any dairy case of wire or plastic used to transport or store
dairy products, and any dolly or cart of 2 or 4 wheels used to
transport or store any bakery or dairy product.
"Document-making implement" means any implement,
impression, template, computer file, computer disc, electronic
device, computer hardware, computer software, instrument, or
device that is used to make a real or fictitious or fraudulent
personal identification document.
"Financial transaction device" means any of the following:
(1) An electronic funds transfer card.
(2) A credit card.
(3) A debit card.
(4) A point-of-sale card.

(5) Any instrument, device, card, plate, code, account
number, personal identification number, or a record or copy
of a code, account number, or personal identification
number or other means of access to a credit account or
deposit account, or a driver's license or State
identification card used to access a proprietary account,
other than access originated solely by a paper instrument,
that can be used alone or in conjunction with another
access device, for any of the following purposes:
(A) Obtaining money, cash refund or credit
account, credit, goods, services, or any other thing of
value.
(B) Certifying or guaranteeing to a person or
business the availability to the device holder of funds
on deposit to honor a draft or check payable to the
order of that person or business.
(C) Providing the device holder access to a deposit
account for the purpose of making deposits,
withdrawing funds, transferring funds between deposit
accounts, obtaining information pertaining to a
deposit account, or making an electronic funds
transfer.
"Full retail value" means the merchant's stated or
advertised price of the merchandise. "Full retail value"
includes the aggregate value of property obtained from retail
thefts committed by the same person as part of a continuing

course of conduct from one or more mercantile establishments in
a single transaction or in separate transactions over a period
of one year.
"Internet" means an interactive computer service or system
or an information service, system, or access software provider
that provides or enables computer access by multiple users to a
computer server, and includes, but is not limited to, an
information service, system, or access software provider that
provides access to a network system commonly known as the
Internet, or any comparable system or service and also
includes, but is not limited to, a World Wide Web page,
newsgroup, message board, mailing list, or chat area on any
interactive computer service or system or other online service.
"Library card" means a card or plate issued by a library
facility for purposes of identifying the person to whom the
library card was issued as authorized to borrow library
material, subject to all limitations and conditions imposed on
the borrowing by the library facility issuing such card.
"Library facility" includes any public library or museum,
or any library or museum of an educational, historical or
eleemosynary institution, organization or society.
"Library material" includes any book, plate, picture,
photograph, engraving, painting, sculpture, statue, artifact,
drawing, map, newspaper, pamphlet, broadside, magazine,
manuscript, document, letter, microfilm, sound recording,
audiovisual material, magnetic or other tape, electronic data

processing record or other documentary, written or printed
material regardless of physical form or characteristics, or any
part thereof, belonging to, or on loan to or otherwise in the
custody of a library facility.
"Manufacture or assembly of an unlawful access device"
means to make, produce or assemble an unlawful access device or
to modify, alter, program or re-program any instrument, device,
machine, equipment or software so that it is capable of
defeating or circumventing any technology, device or software
used by the provider, owner or licensee of a communication
service or of any data, audio or video programs or
transmissions to protect any such communication, data, audio or
video services, programs or transmissions from unauthorized
access, acquisition, disclosure, receipt, decryption,
communication, transmission or re-transmission.
"Manufacture or assembly of an unlawful communication
device" means to make, produce or assemble an unlawful
communication or wireless device or to modify, alter, program
or reprogram a communication or wireless device to be capable
of acquiring, disrupting, receiving, transmitting, decrypting,
or facilitating the acquisition, disruption, receipt,
transmission or decryption of, a communication service without
the express consent or express authorization of the
communication service provider, or to knowingly assist others
in those activities.
"Master sound recording" means the original physical

object on which a given set of sounds were first recorded and
which the original object from which all subsequent sound
recordings embodying the same set of sounds are directly or
indirectly derived.
"Merchandise" means any item of tangible personal
property, including motor fuel.
"Merchant" means an owner or operator of any retail
mercantile establishment or any agent, employee, lessee,
consignee, officer, director, franchisee, or independent
contractor of the owner or operator. "Merchant" also means a
person who receives from an authorized user of a payment card,
or someone the person believes to be an authorized user, a
payment card or information from a payment card, or what the
person believes to be a payment card or information from a
payment card, as the instrument for obtaining, purchasing or
receiving goods, services, money, or anything else of value
from the person.
"Motor fuel" means a liquid, regardless of its properties,
used to propel a vehicle, including gasoline and diesel.
"Online" means the use of any electronic or wireless device
to access the Internet.
"Payment card" means a credit card, charge card, debit
card, or any other card that is issued to an authorized card
user and that allows the user to obtain, purchase, or receive
goods, services, money, or anything else of value from a
merchant.

"Person with a disability" means a person who suffers from
a physical or mental impairment resulting from disease, injury,
functional disorder or congenital condition that impairs the
individual's mental or physical ability to independently
manage his or her property or financial resources, or both.
"Personal identification document" means a birth
certificate, a driver's license, a State identification card, a
public, government, or private employment identification card,
a social security card, a firearm owner's identification card,
a credit card, a debit card, or a passport issued to or on
behalf of a person other than the offender, or any document
made or issued, or falsely purported to have been made or
issued, by or under the authority of the United States
Government, the State of Illinois, or any other state political
subdivision of any state, or any other governmental or
quasi-governmental organization that is of a type intended for
the purpose of identification of an individual, or any such
document made or altered in a manner that it falsely purports
to have been made on behalf of or issued to another person or
by the authority of one who did not give that authority.
"Personal identifying information" means any of the
following information:
(1) A person's name.
(2) A person's address.
(3) A person's date of birth.
(4) A person's telephone number.

(5) A person's driver's license number or State of
Illinois identification card as assigned by the Secretary
of State of the State of Illinois or a similar agency of
another state.
(6) A person's social security number.
(7) A person's public, private, or government
employer, place of employment, or employment
identification number.
(8) The maiden name of a person's mother.
(9) The number assigned to a person's depository
account, savings account, or brokerage account.
(10) The number assigned to a person's credit or debit
card, commonly known as a "Visa Card", "MasterCard",
"American Express Card", "Discover Card", or other similar
cards whether issued by a financial institution,
corporation, or business entity.
(11) Personal identification numbers.
(12) Electronic identification numbers.
(13) Digital signals.
(14) User names, passwords, and any other word, number,
character or combination of the same usable in whole or
part to access information relating to a specific
individual, or to the actions taken, communications made or
received, or other activities or transactions of a specific
individual.
(15) Any other numbers or information which can be used

to access a person's financial resources, or to identify a
specific individual, or the actions taken, communications
made or received, or other activities or transactions of a
specific individual.
"Premises of a retail mercantile establishment" includes,
but is not limited to, the retail mercantile establishment; any
common use areas in shopping centers; and all parking areas set
aside by a merchant or on behalf of a merchant for the parking
of vehicles for the convenience of the patrons of such retail
mercantile establishment.
"Public water, gas, or power supply, or other public
services" mean any service subject to regulation by the
Illinois Commerce Commission; any service furnished by a public
utility that is owned and operated by any political
subdivision, public institution of higher education or
municipal corporation of this State; any service furnished by
any public utility that is owned by such political subdivision,
public institution of higher education, or municipal
corporation and operated by any of its lessees or operating
agents; any service furnished by an electric cooperative as
defined in Section 3.4 of the Electric Supplier Act; or
wireless service or other service regulated by the Federal
Communications Commission.
"Publish" means to communicate or disseminate information
to any one or more persons, either orally, in person, or by
telephone, radio or television or in writing of any kind,

including, without limitation, a letter or memorandum,
circular or handbill, newspaper or magazine article or book.
"Radio frequency identification device" means any
implement, computer file, computer disc, electronic device,
computer hardware, computer software, or instrument that is
used to activate, read, receive, or decode information stored
on a RFID tag or transponder attached to a personal
identification document.
"RFID tag or transponder" means a chip or device that
contains personal identifying information from which the
personal identifying information can be read or decoded by
another device emitting a radio frequency that activates or
powers a radio frequency emission response from the chip or
transponder.
"Reencoder" means an electronic device that places encoded
information from the magnetic strip or stripe of a payment card
onto the magnetic strip or stripe of a different payment card.
"Retail mercantile establishment" means any place where
merchandise is displayed, held, stored or offered for sale to
the public.
"Scanning device" means a scanner, reader, or any other
electronic device that is used to access, read, scan, obtain,
memorize, or store, temporarily or permanently, information
encoded on the magnetic strip or stripe of a payment card.
"Shopping cart" means those push carts of the type or types
which are commonly provided by grocery stores, drug stores or

other retail mercantile establishments for the use of the
public in transporting commodities in stores and markets and,
incidentally, from the stores to a place outside the store.
"Sound or audio visual recording" means any sound or audio
visual phonograph record, disc, pre-recorded tape, film, wire,
magnetic tape or other object, device or medium, now known or
hereafter invented, by which sounds or images may be reproduced
with or without the use of any additional machine, equipment or
device.
"Theft detection device remover" means any tool or device
specifically designed and intended to be used to remove any
theft detection device from any merchandise.
"Under-ring" means to cause the cash register or other
sales recording device to reflect less than the full retail
value of the merchandise.
"Unidentified sound or audio visual recording" means a
sound or audio visual recording without the actual name and
full and correct street address of the manufacturer, and the
name of the actual performers or groups prominently and legibly
printed on the outside cover or jacket and on the label of such
sound or audio visual recording.
"Unlawful access device" means any type of instrument,
device, machine, equipment, technology, or software which is
primarily possessed, used, designed, assembled, manufactured,
sold, distributed or offered, promoted or advertised for the
purpose of defeating or circumventing any technology, device or

software, or any component or part thereof, used by the
provider, owner or licensee of any communication service or of
any data, audio or video programs or transmissions to protect
any such communication, audio or video services, programs or
transmissions from unauthorized access, acquisition, receipt,
decryption, disclosure, communication, transmission or
re-transmission.
"Unlawful communication device" means any electronic
serial number, mobile identification number, personal
identification number or any communication or wireless device
that is capable of acquiring or facilitating the acquisition of
a communication service without the express consent or express
authorization of the communication service provider, or that
has been altered, modified, programmed or reprogrammed, alone
or in conjunction with another communication or wireless device
or other equipment, to so acquire or facilitate the
unauthorized acquisition of a communication service. "Unlawful
communication device" also means:
(1) any phone altered to obtain service without the
express consent or express authorization of the
communication service provider, tumbler phone, counterfeit
or clone phone, tumbler microchip, counterfeit or clone
microchip, scanning receiver of wireless communication
service or other instrument capable of disguising its
identity or location or of gaining unauthorized access to a
communications or wireless system operated by a

communication service provider; and
(2) any communication or wireless device which is
capable of, or has been altered, designed, modified,
programmed or reprogrammed, alone or in conjunction with
another communication or wireless device or devices, so as
to be capable of, facilitating the disruption,
acquisition, receipt, transmission or decryption of a
communication service without the express consent or
express authorization of the communication service
provider, including, but not limited to, any device,
technology, product, service, equipment, computer software
or component or part thereof, primarily distributed, sold,
designed, assembled, manufactured, modified, programmed,
reprogrammed or used for the purpose of providing the
unauthorized receipt of, transmission of, disruption of,
decryption of, access to or acquisition of any
communication service provided by any communication
service provider.
"Vehicle" means a motor vehicle, motorcycle, or farm
implement that is self-propelled and that uses motor fuel for
propulsion.
"Wireless device" includes any type of instrument, device,
machine, or equipment that is capable of transmitting or
receiving telephonic, electronic or radio communications, or
any part of such instrument, device, machine, or equipment, or
any computer circuit, computer chip, electronic mechanism, or

other component that is capable of facilitating the
transmission or reception of telephonic, electronic, or radio
communications.
(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff.
1-1-12; revised 9-21-11.)
(720 ILCS 5/16-7) (from Ch. 38, par. 16-7)
Sec. 16-7. Unlawful use of recorded sounds or images.
(a) A person commits unlawful use of recorded sounds or
images when he or she knowingly or recklessly:
(1) transfers or causes to be transferred without the
consent of the owner, any sounds or images recorded on any
sound or audio visual recording with the intent of selling
or causing to be sold, or using or causing to be used for
profit the article to which such sounds or recordings of
sound are transferred;
(2) sells, offers for sale, advertises for sale, uses
or causes to be used for profit any such article described
in subdivision (a)(1) without consent of the owner;
(3) offers or makes available for a fee, rental or any
other form of compensation, directly or indirectly, any
equipment or machinery for the purpose of use by another to
reproduce or transfer, without the consent of the owner,
any sounds or images recorded on any sound or audio visual
recording to another sound or audio visual recording or for
the purpose of use by another to manufacture any sound or

audio visual recording in violation of subsection (b); or
(4) transfers or causes to be transferred without the
consent of the owner, any live performance with the intent
of selling or causing to be sold, or using or causing to be
used for profit the sound or audio visual recording to
which the performance is transferred.
(b) A person commits unlawful use of unidentified sound or
audio visual recordings when he or she knowingly, recklessly,
or negligently for profit manufacturers, sells, distributes,
vends, circulates, performs, leases, possesses, or otherwise
deals in and with unidentified sound or audio visual recordings
or causes the manufacture, sale, distribution, vending,
circulation, performance, lease, or other dealing in and with
unidentified sound or audio visual recordings.
(c) For the purposes of this Section, "owner" means the
person who owns the master sound recording on which sound is
recorded and from which the transferred recorded sounds are
directly or indirectly derived, or the person who owns the
rights to record or authorize the recording of a live
performance.
For the purposes of this Section, "manufacturer" means the
person who actually makes or causes to be made a sound or audio
visual recording. "Manufacturer" does not include a person who
manufactures the medium upon which sounds or visual images can
be recorded or stored, or who manufactures the cartridge or
casing itself.

(d) Sentence. Unlawful use of recorded sounds or images or
unidentified sound or audio visual recordings is a Class 4
felony; however:
(1) If the offense involves more than 100 but not
exceeding 1000 unidentified sound recordings or more than 7
but not exceeding 65 unidentified audio visual recordings
during any 180 day period the authorized fine is up to
$100,000; and
(2) If the offense involves more than 1,000
unidentified sound recordings or more than 65 unidentified
audio visual recordings during any 180 day period the
authorized fine is up to $250,000.
(e) Upon conviction of any violation of subsection (b), the
offender shall be sentenced to make restitution to any owner or
lawful producer of a master sound or audio visual recording, or
to the trade association representing such owner or lawful
producer, that has suffered injury resulting from the crime.
The order of restitution shall be based on the aggregate
wholesale value of lawfully manufactured and authorized sound
or audio visual recordings corresponding to the non-conforming
recorded devices involved in the offense, and shall include
investigative costs relating to the offense.
(f) Subsection (a) of this Section shall neither enlarge
nor diminish the rights of parties in private litigation.
(g) Subsection (a) of this Section does not apply to any
person engaged in the business of radio or television

broadcasting who transfers, or causes to be transferred, any
sounds (other than from the sound track of a motion picture)
solely for the purpose of broadcast transmission.
(h) Each individual manufacture, distribution or sale or
transfer for a consideration of such recorded devices in
contravention of subsection (a) of this Section constitutes a
separate violation of this Section. Each individual
manufacture, sale, distribution, vending, circulation,
performance, lease, possession, or other dealing in and with an
unidentified sound or audio visual recording under subsection
(b) of this Section constitutes a separate violation of this
Section.
(i) Any sound or audio visual recordings containing
transferred sounds or a performance whose transfer was not
authorized by the owner of the master sound recording or
performance, or any unidentified sound or audio visual
recording used, in violation of this Section, or in the attempt
to commit such violation as defined in Section 8-4, or in a
conspiracy to commit such violation as defined in Section 8-2,
or in a solicitation to commit such offense as defined in
Section 8-1, may be confiscated and destroyed upon conclusion
of the case or cases to which they are relevant, except that
the court may enter an order preserving them as evidence for
use in other cases or pending the final determination of an
appeal.
(j) It is an affirmative defense to any charge of unlawful

use of recorded sounds or images that the recorded sounds or
images so used are public domain material. For purposes of this
Section, recorded sounds are deemed to be in the public domain
if the recorded sounds were copyrighted pursuant to the
copyright laws of the United States, as the same may be amended
from time to time, and the term of the copyright and any
extensions or renewals thereof has expired.
(k) (j) With respect to sound recordings (other than
accompanying a motion picture or other audiovisual work), this
Section applies only to sound recordings that were initially
recorded before February 15, 1972.
(Source: P.A. 97-538, eff. 1-1-12; 97-597, eff. 1-1-12; revised
9-12-11.)
(720 ILCS 5/16-30)
Sec. 16-30. Identity theft; aggravated identity theft.
(a) A person commits identity theft when he or she
knowingly:
(1) uses any personal identifying information or
personal identification document of another person to
fraudulently obtain credit, money, goods, services, or
other property; or
(2) uses any personal identification information or
personal identification document of another with intent to
commit any felony not set forth in paragraph (1) of this
subsection (a); or

(3) obtains, records, possesses, sells, transfers,
purchases, or manufactures any personal identification
information or personal identification document of another
with intent to commit any felony; or
(4) uses, obtains, records, possesses, sells,
transfers, purchases, or manufactures any personal
identification information or personal identification
document of another knowing that such personal
identification information or personal identification
documents were stolen or produced without lawful
authority; or
(5) uses, transfers, or possesses document-making
implements to produce false identification or false
documents with knowledge that they will be used by the
person or another to commit any felony; or
(6) uses any personal identification information or
personal identification document of another to portray
himself or herself as that person, or otherwise, for the
purpose of gaining access to any personal identification
information or personal identification document of that
person, without the prior express permission of that
person; or
(7) uses any personal identification information or
personal identification document of another for the
purpose of gaining access to any record of the actions
taken, communications made or received, or other

activities or transactions of that person, without the
prior express permission of that person; or
(7.5) uses, possesses, or transfers a radio frequency
identification device capable of obtaining or processing
personal identifying information from a radio frequency
identification (RFID) tag or transponder with knowledge
that the device will be used by the person or another to
commit a felony violation of State law or any violation of
this Article; or
(8) in the course of applying for a building permit
with a unit of local government, provides the license
number of a roofing or fire sprinkler contractor whom he or
she does not intend to have perform the work on the roofing
or fire sprinkler portion of the project; it is an
affirmative defense to prosecution under this paragraph
(8) that the building permit applicant promptly informed
the unit of local government that issued the building
permit of any change in the roofing or fire sprinkler
contractor.
(b) Aggravated identity theft. A person commits aggravated
identity theft when he or she commits identity theft as set
forth in subsection (a) of this Section:
(1) against a person 60 years of age or older or a
person with a disability; or
(2) in furtherance of the activities of an organized
gang.

A defense to aggravated identity theft does not exist
merely because the accused reasonably believed the victim to be
a person less than 60 years of age. For the purposes of this
subsection, "organized gang" has the meaning ascribed in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(c) Knowledge shall be determined by an evaluation of all
circumstances surrounding the use of the other person's
identifying information or document.
(d) When a charge of identity theft or aggravated identity
theft of credit, money, goods, services, or other property
exceeding a specified value is brought, the value of the
credit, money, goods, services, or other property is an element
of the offense to be resolved by the trier of fact as either
exceeding or not exceeding the specified value.
(e) Sentence.
(1) Identity theft.
(A) A person convicted of identity theft in
violation of paragraph (1) of subsection (a) shall be
sentenced as follows:
(i) Identity theft of credit, money, goods,
services, or other property not exceeding $300 in
value is a Class 4 felony. A person who has been
previously convicted of identity theft of less
than $300 who is convicted of a second or
subsequent offense of identity theft of less than

$300 is guilty of a Class 3 felony. A person who
has been convicted of identity theft of less than
$300 who has been previously convicted of any type
of theft, robbery, armed robbery, burglary,
residential burglary, possession of burglary
tools, home invasion, home repair fraud,
aggravated home repair fraud, or financial
exploitation of an elderly or disabled person is
guilty of a Class 3 felony. Identity theft of
credit, money, goods, services, or other property
not exceeding $300 in value when the victim of the
identity theft is an active duty member of the
Armed Services or Reserve Forces of the United
States or of the Illinois National Guard serving in
a foreign country is a Class 3 felony. A person who
has been previously convicted of identity theft of
less than $300 who is convicted of a second or
subsequent offense of identity theft of less than
$300 when the victim of the identity theft is an
active duty member of the Armed Services or Reserve
Forces of the United States or of the Illinois
National Guard serving in a foreign country is
guilty of a Class 2 felony. A person who has been
convicted of identity theft of less than $300 when
the victim of the identity theft is an active duty
member of the Armed Services or Reserve Forces of

the United States or of the Illinois National Guard
serving in a foreign country who has been
previously convicted of any type of theft,
robbery, armed robbery, burglary, residential
burglary, possession of burglary tools, home
invasion, home repair fraud, aggravated home
repair fraud, or financial exploitation of an
elderly or disabled person is guilty of a Class 2
felony.
(ii) Identity theft of credit, money, goods,
services, or other property exceeding $300 and not
exceeding $2,000 in value is a Class 3 felony.
Identity theft of credit, money, goods, services,
or other property exceeding $300 and not exceeding
$2,000 in value when the victim of the identity
theft is an active duty member of the Armed
Services or Reserve Forces of the United States or
of the Illinois National Guard serving in a foreign
country is a Class 2 felony.
(iii) Identity theft of credit, money, goods,
services, or other property exceeding $2,000 and
not exceeding $10,000 in value is a Class 2 felony.
Identity theft of credit, money, goods, services,
or other property exceeding $2,000 and not
exceeding $10,000 in value when the victim of the
identity theft is an active duty member of the

Armed Services or Reserve Forces of the United
States or of the Illinois National Guard serving in
a foreign country is a Class 1 felony.
(iv) Identity theft of credit, money, goods,
services, or other property exceeding $10,000 and
not exceeding $100,000 in value is a Class 1
felony. Identity theft of credit, money, goods,
services, or other property exceeding $10,000 and
not exceeding $100,000 in value when the victim of
the identity theft is an active duty member of the
Armed Services or Reserve Forces of the United
States or of the Illinois National Guard serving in
a foreign country is a Class X felony.
(v) Identity theft of credit, money, goods,
services, or other property exceeding $100,000 in
value is a Class X felony.
(B) A person convicted of any offense enumerated in
paragraphs (2) through (7.5) (7) of subsection (a) is
guilty of a Class 3 felony. A person convicted of any
offense enumerated in paragraphs (2) through (7.5) (7)
of subsection (a) when the victim of the identity theft
is an active duty member of the Armed Services or
Reserve Forces of the United States or of the Illinois
National Guard serving in a foreign country is guilty
of a Class 2 felony.
(C) A person convicted of any offense enumerated in

paragraphs (2) through (5) and (7.5) of subsection (a)
a second or subsequent time is guilty of a Class 2
felony. A person convicted of any offense enumerated in
paragraphs (2) through (5) and (7.5) of subsection (a)
a second or subsequent time when the victim of the
identity theft is an active duty member of the Armed
Services or Reserve Forces of the United States or of
the Illinois National Guard serving in a foreign
country is guilty of a Class 1 felony.
(D) A person who, within a 12-month period, is
found in violation of any offense enumerated in
paragraphs (2) through (7.5) (7) of subsection (a) with
respect to the identifiers of, or other information
relating to, 3 or more separate individuals, at the
same time or consecutively, is guilty of a Class 2
felony. A person who, within a 12-month period, is
found in violation of any offense enumerated in
paragraphs (2) through (7.5) (7) of subsection (a) with
respect to the identifiers of, or other information
relating to, 3 or more separate individuals, at the
same time or consecutively, when the victim of the
identity theft is an active duty member of the Armed
Services or Reserve Forces of the United States or of
the Illinois National Guard serving in a foreign
country is guilty of a Class 1 felony.
(E) A person convicted of identity theft in

violation of paragraph (2) of subsection (a) who uses
any personal identification information or personal
identification document of another to purchase
methamphetamine manufacturing material as defined in
Section 10 of the Methamphetamine Control and
Community Protection Act with the intent to unlawfully
manufacture methamphetamine is guilty of a Class 2
felony for a first offense and a Class 1 felony for a
second or subsequent offense. A person convicted of
identity theft in violation of paragraph (2) of
subsection (a) who uses any personal identification
information or personal identification document of
another to purchase methamphetamine manufacturing
material as defined in Section 10 of the
Methamphetamine Control and Community Protection Act
with the intent to unlawfully manufacture
methamphetamine when the victim of the identity theft
is an active duty member of the Armed Services or
Reserve Forces of the United States or of the Illinois
National Guard serving in a foreign country is guilty
of a Class 1 felony for a first offense and a Class X
felony for a second or subsequent offense.
(F) A person convicted of identity theft in
violation of paragraph (8) of subsection (a) of this
Section is guilty of a Class 4 felony.
(2) Aggravated identity theft.

(A) Aggravated identity theft of credit, money,
goods, services, or other property not exceeding $300
in value is a Class 3 felony.
(B) Aggravated identity theft of credit, money,
goods, services, or other property exceeding $300 and
not exceeding $10,000 in value is a Class 2 felony.
(C) Aggravated identity theft of credit, money,
goods, services, or other property exceeding $10,000
in value and not exceeding $100,000 in value is a Class
1 felony.
(D) Aggravated identity theft of credit, money,
goods, services, or other property exceeding $100,000
in value is a Class X felony.
(E) Aggravated identity theft for a violation of
any offense enumerated in paragraphs (2) through (7.5)
(7) of subsection (a) of this Section is a Class 2
felony.
(F) Aggravated identity theft when a person who,
within a 12-month period, is found in violation of any
offense enumerated in paragraphs (2) through (7.5) (7)
of subsection (a) of this Section with identifiers of,
or other information relating to, 3 or more separate
individuals, at the same time or consecutively, is a
Class 1 felony.
(G) A person who has been previously convicted of
aggravated identity theft regardless of the value of

the property involved who is convicted of a second or
subsequent offense of aggravated identity theft
regardless of the value of the property involved is
guilty of a Class X felony.
(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-333, eff.
8-12-11, and 97-388, eff. 1-1-12; revised 9-21-11.)
(720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
Sec. 17-2. False personation; solicitation.
(a) False personation; solicitation.
(1) A person commits a false personation when he or she
knowingly and falsely represents himself or herself to be a
member or representative of any veterans' or public safety
personnel organization or a representative of any
charitable organization, or when he or she knowingly
exhibits or uses in any manner any decal, badge or insignia
of any charitable, public safety personnel, or veterans'
organization when not authorized to do so by the
charitable, public safety personnel, or veterans'
organization. "Public safety personnel organization" has
the meaning ascribed to that term in Section 1 of the
Solicitation for Charity Act.
(2) A person commits a false personation when he or she
knowingly and falsely represents himself or herself to be a
veteran in seeking employment or public office. In this
paragraph, "veteran" means a person who has served in the

Armed Services or Reserve Forces of the United States.
(2.5) (a-7) A person commits a false personation when
he or she knowingly and falsely represents himself or
herself to be:
(A) (1) another actual person and does an act in
such assumed character with intent to intimidate,
threaten, injure, defraud, or to obtain a benefit from
another; or
(B) (2) a representative of an actual person or
organization and does an act in such false capacity
with intent to obtain a benefit or to injure or defraud
another.
(3) No person shall knowingly use the words "Police",
"Police Department", "Patrolman", "Sergeant",
"Lieutenant", "Peace Officer", "Sheriff's Police",
"Sheriff", "Officer", "Law Enforcement", "Trooper",
"Deputy", "Deputy Sheriff", "State Police", or any other
words to the same effect (i) in the title of any
organization, magazine, or other publication without the
express approval of the named public safety personnel
organization's governing board or (ii) in combination with
the name of any state, state agency, public university, or
unit of local government without the express written
authorization of that state, state agency, public
university, or unit of local government.
(4) No person may knowingly claim or represent that he

or she is acting on behalf of any public safety personnel
organization when soliciting financial contributions or
selling or delivering or offering to sell or deliver any
merchandise, goods, services, memberships, or
advertisements unless the chief of the police department,
fire department, and the corporate or municipal authority
thereof, or the sheriff has first entered into a written
agreement with the person or with an organization with
which the person is affiliated and the agreement permits
the activity and specifies and states clearly and fully the
purpose for which the proceeds of the solicitation,
contribution, or sale will be used.
(5) No person, when soliciting financial contributions
or selling or delivering or offering to sell or deliver any
merchandise, goods, services, memberships, or
advertisements may claim or represent that he or she is
representing or acting on behalf of any nongovernmental
organization by any name which includes "officer", "peace
officer", "police", "law enforcement", "trooper",
"sheriff", "deputy", "deputy sheriff", "State police", or
any other word or words which would reasonably be
understood to imply that the organization is composed of
law enforcement personnel unless:
(A) the person is actually representing or acting
on behalf of the nongovernmental organization;
(B) the nongovernmental organization is controlled

by and governed by a membership of and represents a
group or association of active duty peace officers,
retired peace officers, or injured peace officers; and
(C) before commencing the solicitation or the sale
or the offers to sell any merchandise, goods, services,
memberships, or advertisements, a written contract
between the soliciting or selling person and the
nongovernmental organization, which specifies and
states clearly and fully the purposes for which the
proceeds of the solicitation, contribution, or sale
will be used, has been entered into.
(6) No person, when soliciting financial contributions
or selling or delivering or offering to sell or deliver any
merchandise, goods, services, memberships, or
advertisements, may knowingly claim or represent that he or
she is representing or acting on behalf of any
nongovernmental organization by any name which includes
the term "fireman", "fire fighter", "paramedic", or any
other word or words which would reasonably be understood to
imply that the organization is composed of fire fighter or
paramedic personnel unless:
(A) the person is actually representing or acting
on behalf of the nongovernmental organization;
(B) the nongovernmental organization is controlled
by and governed by a membership of and represents a
group or association of active duty, retired, or

injured fire fighters (for the purposes of this
Section, "fire fighter" has the meaning ascribed to
that term in Section 2 of the Illinois Fire Protection
Training Act) or active duty, retired, or injured
emergency medical technicians - ambulance, emergency
medical technicians - intermediate, emergency medical
technicians - paramedic, ambulance drivers, or other
medical assistance or first aid personnel; and
(C) before commencing the solicitation or the sale
or delivery or the offers to sell or deliver any
merchandise, goods, services, memberships, or
advertisements, the soliciting or selling person and
the nongovernmental organization have entered into a
written contract that specifies and states clearly and
fully the purposes for which the proceeds of the
solicitation, contribution, or sale will be used.
(7) No person may knowingly claim or represent that he
or she is an airman, airline employee, airport employee, or
contractor at an airport in order to obtain the uniform,
identification card, license, or other identification
paraphernalia of an airman, airline employee, airport
employee, or contractor at an airport.
(8) No person, firm, copartnership, or corporation
(except corporations organized and doing business under
the Pawners Societies Act) shall knowingly use a name that
contains in it the words "Pawners' Society".

(b) False personation; public officials and employees
judicial process. A person commits a false personation if he or
she knowingly and falsely represents himself or herself to be
any of the following:
(1) An attorney authorized to practice law for purposes
of compensation or consideration. This paragraph (b)(1)
does not apply to a person who unintentionally fails to pay
attorney registration fees established by Supreme Court
Rule.
(2) A public officer or a public employee or an
official or employee of the federal government.
(2.3) A public officer, a public employee, or an
official or employee of the federal government, and the
false representation is made in furtherance of the
commission of felony.
(2.7) A public officer or a public employee, and the
false representation is for the purpose of effectuating
identity theft as defined in Section 16-30 of this Code.
(3) A peace officer.
(4) A peace officer while carrying a deadly weapon.
(5) A peace officer in attempting or committing a
felony.
(6) A peace officer in attempting or committing a
forcible felony.
(7) The parent, legal guardian, or other relation of a
minor child to any public official, public employee, or

elementary or secondary school employee or administrator.
(8) A fire fighter.
(9) A fire fighter while carrying a deadly weapon.
(10) A fire fighter in attempting or committing a
felony.
(11) An emergency management worker of any
jurisdiction in this State.
(12) An emergency management worker of any
jurisdiction in this State in attempting or committing a
felony. For the purposes of this subsection (b), "emergency
management worker" has the meaning provided under Section
2-6.6 of this Code.
(b-5) The trier of fact may infer that a person falsely
represents himself or herself to be a public officer or a
public employee or an official or employee of the federal
government if the person:
(1) wears or displays without authority any uniform,
badge, insignia, or facsimile thereof by which a public
officer or public employee or official or employee of the
federal government is lawfully distinguished; or
(2) falsely expresses by word or action that he or she
is a public officer or public employee or official or
employee of the federal government and is acting with
approval or authority of a public agency or department.
(c) Fraudulent advertisement of a corporate name.
(1) A company, association, or individual commits

fraudulent advertisement of a corporate name if he, she, or
it, not being incorporated, puts forth a sign or
advertisement and assumes, for the purpose of soliciting
business, a corporate name.
(2) Nothing contained in this subsection (c) prohibits
a corporation, company, association, or person from using a
divisional designation or trade name in conjunction with
its corporate name or assumed name under Section 4.05 of
the Business Corporation Act of 1983 or, if it is a member
of a partnership or joint venture, from doing partnership
or joint venture business under the partnership or joint
venture name. The name under which the joint venture or
partnership does business may differ from the names of the
members. Business may not be conducted or transacted under
that joint venture or partnership name, however, unless all
provisions of the Assumed Business Name Act have been
complied with. Nothing in this subsection (c) permits a
foreign corporation to do business in this State without
complying with all Illinois laws regulating the doing of
business by foreign corporations. No foreign corporation
may conduct or transact business in this State as a member
of a partnership or joint venture that violates any
Illinois law regulating or pertaining to the doing of
business by foreign corporations in Illinois.
(3) The provisions of this subsection (c) do not apply
to limited partnerships formed under the Revised Uniform

Limited Partnership Act or under the Uniform Limited
Partnership Act (2001).
(d) False law enforcement badges.
(1) A person commits false law enforcement badges if he
or she knowingly produces, sells, or distributes a law
enforcement badge without the express written consent of
the law enforcement agency represented on the badge or, in
case of a reorganized or defunct law enforcement agency,
its successor law enforcement agency.
(2) It is a defense to false law enforcement badges
that the law enforcement badge is used or is intended to be
used exclusively: (i) as a memento or in a collection or
exhibit; (ii) for decorative purposes; or (iii) for a
dramatic presentation, such as a theatrical, film, or
television production.
(e) False medals.
(1) A person commits a false personation if he or she
knowingly and falsely represents himself or herself to be a
recipient of, or wears on his or her person, any of the
following medals if that medal was not awarded to that
person by the United States Government, irrespective of
branch of service: The Congressional Medal of Honor, The
Distinguished Service Cross, The Navy Cross, The Air Force
Cross, The Silver Star, The Bronze Star, or the Purple
Heart.
(2) It is a defense to a prosecution under paragraph

(e)(1) that the medal is used, or is intended to be used,
exclusively:
(A) for a dramatic presentation, such as a
theatrical, film, or television production, or a
historical re-enactment; or
(B) for a costume worn, or intended to be worn, by
a person under 18 years of age.
(f) Sentence.
(1) A violation of paragraph (a)(8) is a petty offense
subject to a fine of not less than $5 nor more than $100,
and the person, firm, copartnership, or corporation
commits an additional petty offense for each day he, she,
or it continues to commit the violation. A violation of
paragraph (c)(1) is a petty offense, and the company,
association, or person commits an additional petty offense
for each day he, she, or it continues to commit the
violation. A violation of subsection (e) is a petty offense
for which the offender shall be fined at least $100 and not
more than $200.
(2) A violation of paragraph (a)(1) or (a)(3) is a
Class C misdemeanor.
(3) A violation of paragraph (a)(2), (a)(2.5), (a)(7),
(a-7), (b)(2), or (b)(7) or subsection (d) is a Class A
misdemeanor. A second or subsequent violation of
subsection (d) is a Class 3 felony.
(4) A violation of paragraph (a)(4), (a)(5), (a)(6),

(b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is a
Class 4 felony.
(5) A violation of paragraph (b)(4), (b)(9), or (b)(12)
is a Class 3 felony.
(6) A violation of paragraph (b)(5) or (b)(10) is a
Class 2 felony.
(7) A violation of paragraph (b)(6) is a Class 1
felony.
(g) (e) A violation of subsection (a)(1) through (a)(7) or
subsection (e) of this Section may be accomplished in person or
by any means of communication, including but not limited to the
use of an Internet website or any form of electronic
communication.
(Source: P.A. 96-328, eff. 8-11-09; 96-1551, eff. 7-1-11;
97-219, eff. 1-1-12; 97-597, eff. 1-1-12; incorporates change
to Sec. 32-5 from 97-219; revised 10-12-11.)
(720 ILCS 5/17-3) (from Ch. 38, par. 17-3)
Sec. 17-3. Forgery.
(a) A person commits forgery when, with intent to defraud,
he or she knowingly:
(1) makes a false document or alters any document to
make it false and that document is apparently capable of
defrauding another; or
(2) issues or delivers such document knowing it to have
been thus made or altered; or

(3) possesses, with intent to issue or deliver, any
such document knowing it to have been thus made or altered;
or
(4) unlawfully uses the digital signature, as defined
in the Financial Institutions Electronic Documents and
Digital Signature Act, of another; or
(5) unlawfully uses the signature device of another to
create an electronic signature of that other person, as
those terms are defined in the Electronic Commerce Security
Act.
(b) (Blank).
(c) A document apparently capable of defrauding another
includes, but is not limited to, one by which any right,
obligation or power with reference to any person or property
may be created, transferred, altered or terminated. A document
includes any record or electronic record as those terms are
defined in the Electronic Commerce Security Act. For purposes
of this Section, a document also includes a Universal Price
Code Label or coin.
(c-5) For purposes of this Section, "false document" or
"document that is false" includes, but is not limited to, a
document whose contents are false in some material way, or that
purports to have been made by another or at another time, or
with different provisions, or by authority of one who did not
give such authority.
(d) Sentence.

(1) Except as provided in paragraphs (2) and (3),
forgery is a Class 3 felony.
(2) Forgery is a Class 4 felony when only one Universal
Price Code Label is forged.
(3) Forgery is a Class A misdemeanor when an academic
degree or coin is forged.
(e) It is not a violation of this Section if a false
academic degree explicitly states "for novelty purposes only".
(Source: P.A. 96-1551, eff. 7-1-11; 97-231, eff. 1-1-12;
revised 9-14-11.)
(720 ILCS 5/17-10.2) (was 720 ILCS 5/17-29)
Sec. 17-10.2. Businesses owned by minorities, females, and
persons with disabilities; fraudulent contracts with
governmental units.
(a) In this Section:
"Minority person" means a person who is any of the
following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,

the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a person
having origins in any of the original peoples of Hawaii,
Guam, Samoa, or other Pacific Islands).
(1) African American (a person having origins in any of
the black racial groups in Africa); (2) Hispanic (a person
of Spanish or Portuguese culture with origins in Mexico,
South or Central America, or the Caribbean Islands,
regardless of race); (3) Asian American (a person having
origins in any of the original peoples of the Far East,
Southeast Asia, the Indian Subcontinent or the Pacific
Islands); or (4) Native American or Alaskan Native (a
person having origins in any of the original peoples of
North America).
"Female" means a person who is of the female gender.
"Person with a disability" means a person who is a
person qualifying as being disabled.
"Disabled" means a severe physical or mental
disability that: (1) results from: amputation, arthritis,

autism, blindness, burn injury, cancer, cerebral palsy,
cystic fibrosis, deafness, head injury, heart disease,
hemiplegia, hemophilia, respiratory or pulmonary
dysfunction, an intellectual disability mental
retardation, mental illness, multiple sclerosis, muscular
dystrophy, musculoskeletal disorders, neurological
disorders, including stroke and epilepsy, paraplegia,
quadriplegia and other spinal cord conditions, sickle cell
anemia, specific learning disabilities, or end stage renal
failure disease; and (2) substantially limits one or more
of the person's major life activities.
"Minority owned business" means a business concern
that is at least 51% owned by one or more minority persons,
or in the case of a corporation, at least 51% of the stock
in which is owned by one or more minority persons; and the
management and daily business operations of which are
controlled by one or more of the minority individuals who
own it.
"Female owned business" means a business concern that
is at least 51% owned by one or more females, or, in the
case of a corporation, at least 51% of the stock in which
is owned by one or more females; and the management and
daily business operations of which are controlled by one or
more of the females who own it.
"Business owned by a person with a disability" means a
business concern that is at least 51% owned by one or more

persons with a disability and the management and daily
business operations of which are controlled by one or more
of the persons with disabilities who own it. A
not-for-profit agency for persons with disabilities that
is exempt from taxation under Section 501 of the Internal
Revenue Code of 1986 is also considered a "business owned
by a person with a disability".
"Governmental unit" means the State, a unit of local
government, or school district.
(b) In addition to any other penalties imposed by law or by
an ordinance or resolution of a unit of local government or
school district, any individual or entity that knowingly
obtains, or knowingly assists another to obtain, a contract
with a governmental unit, or a subcontract or written
commitment for a subcontract under a contract with a
governmental unit, by falsely representing that the individual
or entity, or the individual or entity assisted, is a minority
owned business, female owned business, or business owned by a
person with a disability is guilty of a Class 2 felony,
regardless of whether the preference for awarding the contract
to a minority owned business, female owned business, or
business owned by a person with a disability was established by
statute or by local ordinance or resolution.
(c) In addition to any other penalties authorized by law,
the court shall order that an individual or entity convicted of
a violation of this Section must pay to the governmental unit

that awarded the contract a penalty equal to one and one-half
times the amount of the contract obtained because of the false
representation.
(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff.
1-1-12, and 97-396, eff. 1-1-12; revised 9-14-11.)
(720 ILCS 5/17-10.6)
Sec. 17-10.6. Financial institution fraud.
(a) Misappropriation of financial institution property. A
person commits misappropriation of a financial institution's
property whenever he or she knowingly obtains or exerts
unauthorized control over any of the moneys, funds, credits,
assets, securities, or other property owned by or under the
custody or control of a financial institution, or under the
custody or care of any agent, officer, director, or employee of
such financial institution.
(b) Commercial bribery of a financial institution.
(1) A person commits commercial bribery of a financial
institution when he or she knowingly confers or offers or
agrees to confer any benefit upon any employee, agent, or
fiduciary without the consent of the latter's employer or
principal, with the intent to influence his or her conduct
in relation to his or her employer's or principal's
affairs.
(2) An employee, agent, or fiduciary of a financial
institution commits commercial bribery of a financial

institution when, without the consent of his or her
employer or principal, he or she knowingly solicits,
accepts, or agrees to accept any benefit from another
person upon an agreement or understanding that such benefit
will influence his or her conduct in relation to his or her
employer's or principal's affairs.
(c) Financial institution fraud. A person commits
financial institution fraud when he or she knowingly executes
or attempts to execute a scheme or artifice:
(1) to defraud a financial institution; or
(2) to obtain any of the moneys, funds, credits,
assets, securities, or other property owned by or under the
custody or control of a financial institution, by means of
pretenses, representations, or promises he or she knows to
be false.
(d) Loan fraud. A person commits loan fraud when he or she
knowingly, with intent to defraud, makes any false statement or
report, or overvalues any land, property, or security, with the
intent to influence in any way the action of a financial
institution to act upon any application, advance, discount,
purchase, purchase agreement, repurchase agreement,
commitment, or loan, or any change or extension of any of the
same, by renewal, deferment of action, or otherwise, or the
acceptance, release, or substitution of security.
(e) Concealment of collateral. A person commits
concealment of collateral when he or she, with intent to

defraud, knowingly conceals, removes, disposes of, or converts
to the person's own use or to that of another any property
mortgaged or pledged to or held by a financial institution.
(f) Financial institution robbery. A person commits
robbery when he or she knowingly, by force or threat of force,
or by intimidation, takes, or attempts to take, from the person
or presence of another, or obtains or attempts to obtain by
extortion, any property or money or any other thing of value
belonging to, or in the care, custody, control, management, or
possession of, a financial institution.
(g) Conspiracy to commit a financial crime.
(1) A person commits conspiracy to commit a financial
crime when, with the intent that any violation of this
Section be committed, he or she agrees with another person
to the commission of that offense.
(2) No person may be convicted of conspiracy to commit
a financial crime unless an overt act or acts in
furtherance of the agreement is alleged and proved to have
been committed by that person or by a co-conspirator and
the accused is a part of a common scheme or plan to engage
in the unlawful activity.
(3) It shall not be a defense to conspiracy to commit a
financial crime that the person or persons with whom the
accused is alleged to have conspired:
(A) has not been prosecuted or convicted;
(B) has been convicted of a different offense;

(C) is not amenable to justice;
(D) has been acquitted; or
(E) lacked the capacity to commit the offense.
(h) Continuing financial crimes enterprise. A person
commits a continuing financial crimes enterprise when he or she
knowingly, within an 18-month period, commits 3 or more
separate offenses constituting any combination of the
following:
(1) an offense under this Section;
(2) a felony offense in violation of Section 16A-3 or
subsection (a) of Section 16-25 or paragraph (4) or (5) of
subsection (a) of Section 16-1 of this Code for the purpose
of reselling or otherwise re-entering the merchandise in
commerce, including conveying the merchandise to a
merchant in exchange for anything of value; or
(3) , if involving a financial institution, any other
felony offense offenses under this Code.
(i) Organizer of a continuing financial crimes enterprise.
(1) A person commits being an organizer of a continuing
financial crimes enterprise when he or she:
(A) with the intent to commit any offense under
this Section, agrees with another person to the
commission of any combination of the following
offenses on 3 or more separate occasions within an
18-month period:
(i) an offense under this Section;

(ii) a felony offense in violation of Section
16A-3 or subsection (a) of Section 16-25 or
paragraph (4) or (5) of subsection (a) of Section
16-1 of this Code for the purpose of reselling or
otherwise re-entering the merchandise in commerce,
including conveying the merchandise to a merchant
in exchange for anything of value; or
(iii) , if involving a financial institution,
any other felony offense under this Code, agrees
with another person to the commission of that
offense on 3 or more separate occasions within an
18-month period; and
(B) with respect to the other persons within the
conspiracy, occupies a position of organizer,
supervisor, or financier or other position of
management.
(2) The person with whom the accused agreed to commit
the 3 or more offenses under this Section, or, if involving
a financial institution, any other felony offenses under
this Code, need not be the same person or persons for each
offense, as long as the accused was a part of the common
scheme or plan to engage in each of the 3 or more alleged
offenses.
(j) Sentence.
(1) Except as otherwise provided in this subsection, a
violation of this Section, the full value of which:

(A) does not exceed $500, is a Class A misdemeanor;
(B) does not exceed $500, and the person has been
previously convicted of a financial crime or any type
of theft, robbery, armed robbery, burglary,
residential burglary, possession of burglary tools, or
home invasion, is guilty of a Class 4 felony;
(C) exceeds $500 but does not exceed $10,000, is a
Class 3 felony;
(D) exceeds $10,000 but does not exceed $100,000,
is a Class 2 felony;
(E) exceeds $100,000 but does not exceed $500,000,
is a Class 1 felony; .
(F) exceeds $500,000 but does not exceed
$1,000,000, is a Class 1 non-probationable felony;
when a charge of financial crime, the full value of
which exceeds $500,000 but does not exceed $1,000,000,
is brought, the value of the financial crime involved
is an element of the offense to be resolved by the
trier of fact as either exceeding or not exceeding
$500,000;
(G) exceeds $1,000,000, is a Class X felony; when a
charge of financial crime, the full value of which
exceeds $1,000,000, is brought, the value of the
financial crime involved is an element of the offense
to be resolved by the trier of fact as either exceeding
or not exceeding $1,000,000.

(2) A violation of subsection (f) is a Class 1 felony.
(3) A violation of subsection (h) is a Class 1 felony.
(4) A violation for subsection (i) is a Class X felony.
(k) A "financial crime" means an offense described in this
Section.
(l) Period of limitations. The period of limitations for
prosecution of any offense defined in this Section begins at
the time when the last act in furtherance of the offense is
committed.
(m) Forfeiture. Any violation of subdivision (2) of
subsection (h) or subdivision (i)(1)(A)(ii) shall be subject to
the remedies, procedures, and forfeiture as set forth in
subsections (f) through (s) of Section 29B-1 of this Code.
(Source: P.A. 96-1551, eff. 7-1-11; incorporates P.A. 96-1532,
eff. 1-1-12, and 97-147, eff. 1-1-12; revised 10-12-11.)
(720 ILCS 5/24-3.8)
Sec. 24-3.8. Possession of a stolen firearm.
(a) A person commits possession of a stolen firearm when he
or she, not being entitled to the possession of a firearm,
possesses or delivers the firearm, knowing it to have been
stolen or converted. The trier of fact may infer that a person
who possesses a firearm with knowledge that its serial number
has been removed or altered has knowledge that the firearm is
stolen or converted.
(b) Possession of a stolen firearm is a Class 2 felony.

(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff.
1-1-12; revised 9-21-11.)
(720 ILCS 5/24-3.9)
Sec. 24-3.9. Aggravated possession of a stolen firearm.
(a) A person commits aggravated possession of a stolen
firearm when he or she:
(1) Not being entitled to the possession of not less
than 2 and not more than 5 firearms, possesses or delivers
those firearms at the same time or within a one-year
period, knowing the firearms to have been stolen or
converted.
(2) Not being entitled to the possession of not less
than 6 and not more than 10 firearms, possesses or delivers
those firearms at the same time or within a 2-year period,
knowing the firearms to have been stolen or converted.
(3) Not being entitled to the possession of not less
than 11 and not more than 20 firearms, possesses or
delivers those firearms at the same time or within a 3-year
period, knowing the firearms to have been stolen or
converted.
(4) Not being entitled to the possession of not less
than 21 and not more than 30 firearms, possesses or
delivers those firearms at the same time or within a 4-year
period, knowing the firearms to have been stolen or
converted.

(5) Not being entitled to the possession of more than
30 firearms, possesses or delivers those firearms at the
same time or within a 5-year period, knowing the firearms
to have been stolen or converted.
(b) The trier of fact may infer that a person who possesses
a firearm with knowledge that its serial number has been
removed or altered has knowledge that the firearm is stolen or
converted.
(c) Sentence.
(1) A person who violates paragraph (1) of subsection
(a) of this Section commits a Class 1 felony.
(2) A person who violates paragraph (2) of subsection
(a) of this Section commits a Class X felony for which he
or she shall be sentenced to a term of imprisonment of not
less than 6 years and not more than 30 years.
(3) A person who violates paragraph (3) of subsection
(a) of this Section commits a Class X felony for which he
or she shall be sentenced to a term of imprisonment of not
less than 6 years and not more than 40 years.
(4) A person who violates paragraph (4) of subsection
(a) of this Section commits a Class X felony for which he
or she shall be sentenced to a term of imprisonment of not
less than 6 years and not more than 50 years.
(5) A person who violates paragraph (5) of subsection
(a) of this Section commits a Class X felony for which he
or she shall be sentenced to a term of imprisonment of not

less than 6 years and not more than 60 years.
(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-347, eff.
1-1-12; revised 9-21-11.)
(720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used
with the knowledge and consent of the owner in the commission
of, or in the attempt to commit as defined in Section 8-4 of
this Code, an offense prohibited by (a) Section 9-1, 9-3, 10-2,
11-1.20, 11-1.30, 11-1.40, 11-6, 11-14.4 except for keeping a
place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 11-20.1B, 11-20.3, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3,
12-4.6, 12-7.3, 12-7.4, 12-13, 12-14, 16-1 if the theft is of
precious metal or of scrap metal, 18-2, 19-1, 19-2, 19-3, 20-1,
20-2, 24-1.2, 24-1.2-5, 24-1.5, 28-1, or 29D-15.2 of this Code,
subdivision (a)(1), (a)(2), (a)(4), (b)(1), (e)(1), (e)(2),
(e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05,
paragraph (a) of Section 12-4 of this Code, paragraph (a) of
Section 11-1.50, paragraph (a) of Section 12-15, paragraph (a),
(c), or (d) of Section 11-1.60, or paragraphs (a), (c) or (d)
of Section 12-16 of this Code, or paragraph (a)(6) or (a)(7) of
Section 24-1 of this Code; (b) Section 21, 22, 23, 24 or 26 of
the Cigarette Tax Act if the vessel, vehicle or aircraft
contains more than 10 cartons of such cigarettes; (c) Section
28, 29 or 30 of the Cigarette Use Tax Act if the vessel,
vehicle or aircraft contains more than 10 cartons of such

cigarettes; (d) Section 44 of the Environmental Protection Act;
(e) 11-204.1 of the Illinois Vehicle Code; (f) (1) driving
under the influence of alcohol or other drug or drugs,
intoxicating compound or compounds or any combination thereof
under Section 11-501 of the Illinois Vehicle Code during a
period in which his or her driving privileges are revoked or
suspended where the revocation or suspension was for driving
under the influence of alcohol or other drug or drugs,
intoxicating compound or compounds or any combination thereof,
Section 11-501.1, paragraph (b) of Section 11-401, or for
reckless homicide as defined in Section 9-3 of the Criminal
Code of 1961; (2) driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof and has been previously convicted of
reckless homicide or a similar provision of a law of another
state relating to reckless homicide in which the person was
determined to have been under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds as an
element of the offense or the person has previously been
convicted of committing a violation of driving under the
influence of alcohol or other drug or drugs, intoxicating
compound or compounds or any combination thereof and was
involved in a motor vehicle accident that resulted in death,
great bodily harm, or permanent disability or disfigurement to
another, when the violation was a proximate cause of the death
or injuries; (3) the person committed a violation of driving

under the influence of alcohol or other drug or drugs,
intoxicating compound or compounds or any combination thereof
under Section 11-501 of the Illinois Vehicle Code or a similar
provision for the third or subsequent time; (4) the person
committed the violation while he or she did not possess a
driver's license or permit or a restricted driving permit or a
judicial driving permit or a monitoring device driving permit;
or (5) the person committed the violation while he or she knew
or should have known that the vehicle he or she was driving was
not covered by a liability insurance policy; (g) an offense
described in subsection (g) of Section 6-303 of the Illinois
Vehicle Code; or (h) an offense described in subsection (e) of
Section 6-101 of the Illinois Vehicle Code; may be seized and
delivered forthwith to the sheriff of the county of seizure.
Within 15 days after such delivery the sheriff shall give
notice of seizure to each person according to the following
method: Upon each such person whose right, title or interest is
of record in the office of the Secretary of State, the
Secretary of Transportation, the Administrator of the Federal
Aviation Agency, or any other Department of this State, or any
other state of the United States if such vessel, vehicle or
aircraft is required to be so registered, as the case may be,
by mailing a copy of the notice by certified mail to the
address as given upon the records of the Secretary of State,
the Department of Aeronautics, Department of Public Works and
Buildings or any other Department of this State or the United

States if such vessel, vehicle or aircraft is required to be so
registered. Within that 15 day period the sheriff shall also
notify the State's Attorney of the county of seizure about the
seizure.
In addition, any mobile or portable equipment used in the
commission of an act which is in violation of Section 7g of the
Metropolitan Water Reclamation District Act shall be subject to
seizure and forfeiture under the same procedures provided in
this Article for the seizure and forfeiture of vessels,
vehicles and aircraft, and any such equipment shall be deemed a
vessel, vehicle or aircraft for purposes of this Article.
When a person discharges a firearm at another individual
from a vehicle with the knowledge and consent of the owner of
the vehicle and with the intent to cause death or great bodily
harm to that individual and as a result causes death or great
bodily harm to that individual, the vehicle shall be subject to
seizure and forfeiture under the same procedures provided in
this Article for the seizure and forfeiture of vehicles used in
violations of clauses (a), (b), (c), or (d) of this Section.
If the spouse of the owner of a vehicle seized for an
offense described in subsection (g) of Section 6-303 of the
Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
11-501 of the Illinois Vehicle Code, or Section 9-3 of this
Code makes a showing that the seized vehicle is the only source
of transportation and it is determined that the financial

hardship to the family as a result of the seizure outweighs the
benefit to the State from the seizure, the vehicle may be
forfeited to the spouse or family member and the title to the
vehicle shall be transferred to the spouse or family member who
is properly licensed and who requires the use of the vehicle
for employment or family transportation purposes. A written
declaration of forfeiture of a vehicle under this Section shall
be sufficient cause for the title to be transferred to the
spouse or family member. The provisions of this paragraph shall
apply only to one forfeiture per vehicle. If the vehicle is the
subject of a subsequent forfeiture proceeding by virtue of a
subsequent conviction of either spouse or the family member,
the spouse or family member to whom the vehicle was forfeited
under the first forfeiture proceeding may not utilize the
provisions of this paragraph in another forfeiture proceeding.
If the owner of the vehicle seized owns more than one vehicle,
the procedure set out in this paragraph may be used for only
one vehicle.
Property declared contraband under Section 40 of the
Illinois Streetgang Terrorism Omnibus Prevention Act may be
seized and forfeited under this Article.
(Source: P.A. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10;
96-1000, eff. 7-2-10; 96-1267, eff. 7-26-10; 96-1289, eff.
1-1-11; 96-1551, Article 1, Section 960, eff. 7-1-11; 96-1551,
Article 2, Section 1035, eff. 7-1-11; 97-333, eff. 8-12-11;
revised 9-14-11.)

(720 ILCS 5/36.5-5)
Sec. 36.5-5. Vehicle impoundment.
(a) In addition to any other penalty provided by law, a
peace officer who arrests a person for a violation of Section
10-9, 11-14 10-14, 11-14.1, 11-14.3, 11-14.4, 11-18, or 11-18.1
of this Code, may tow and impound any vehicle used by the
person in the commission of the offense. The person arrested
for one or more such violations shall be charged a $1,000 fee,
to be paid to the unit of government that made the arrest. The
person may recover the vehicle from the impound after a minimum
of 2 hours after arrest upon payment of the fee.
(b) $500 of the fee shall be distributed to the unit of
government whose peace officers made the arrest, for the costs
incurred by the unit of government to tow and impound the
vehicle. Upon the defendant's conviction of one or more of the
offenses in connection with which the vehicle was impounded and
the fee imposed under this Section, the remaining $500 of the
fee shall be deposited into the DHS State Projects Violent
Crime Victims Assistance Fund and shall be used by the
Department of Human Services to make grants to non-governmental
organizations to provide services for persons encountered
during the course of an investigation into any violation of
Section 10-9, 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, or 11-19.2 of this Code, provided such persons

constitute prostituted persons or other victims of human
trafficking.
(c) Upon the presentation by the defendant of a signed
court order showing that the defendant has been acquitted of
all of the offenses in connection with which a vehicle was
impounded and a fee imposed under this Section, or that the
charges against the defendant for those offenses have been
dismissed, the unit of government shall refund the $1,000 fee
to the defendant.
(Source: P.A. 96-1551, eff. 7-1-11; incorporates 96-1503, eff.
1-27-11, and 97-333, eff. 8-12-11; revised 9-14-11.)
Section 15-60. The Code of Criminal Procedure of 1963 is
amended by changing Sections 110-6.3, 110-10, 111-8, 115-7.3,
and 115-10.3 as follows:
(725 ILCS 5/110-6.3) (from Ch. 38, par. 110-6.3)
Sec. 110-6.3. Denial of bail in stalking and aggravated
stalking offenses.
(a) Upon verified petition by the State, the court shall
hold a hearing to determine whether bail should be denied to a
defendant who is charged with stalking or aggravated stalking,
when it is alleged that the defendant's admission to bail poses
a real and present threat to the physical safety of the alleged
victim of the offense, and denial of release on bail or
personal recognizance is necessary to prevent fulfillment of

the threat upon which the charge is based.
(1) A petition may be filed without prior notice to the
defendant at the first appearance before a judge, or within
21 calendar days, except as provided in Section 110-6,
after arrest and release of the defendant upon reasonable
notice to defendant; provided that while the petition is
pending before the court, the defendant if previously
released shall not be detained.
(2) The hearing shall be held immediately upon the
defendant's appearance before the court, unless for good
cause shown the defendant or the State seeks a continuance.
A continuance on motion of the defendant may not exceed 5
calendar days, and the defendant may be held in custody
during the continuance. A continuance on the motion of the
State may not exceed 3 calendar days; however, the
defendant may be held in custody during the continuance
under this provision if the defendant has been previously
found to have violated an order of protection or has been
previously convicted of, or granted court supervision for,
any of the offenses set forth in Sections 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 12-2, 12-3.05, 12-3.2, 12-3.3,
12-4, 12-4.1, 12-7.3, 12-7.4, 12-13, 12-14, 12-14.1, 12-15
or 12-16 of the Criminal Code of 1961, against the same
person as the alleged victim of the stalking or aggravated
stalking offense.
(b) The court may deny bail to the defendant when, after

the hearing, it is determined that:
(1) the proof is evident or the presumption great that
the defendant has committed the offense of stalking or
aggravated stalking; and
(2) the defendant poses a real and present threat to
the physical safety of the alleged victim of the offense;
and
(3) the denial of release on bail or personal
recognizance is necessary to prevent fulfillment of the
threat upon which the charge is based; and
(4) the court finds that no condition or combination of
conditions set forth in subsection (b) of Section 110-10 of
this Code, including mental health treatment at a community
mental health center, hospital, or facility of the
Department of Human Services, can reasonably assure the
physical safety of the alleged victim of the offense.
(c) Conduct of the hearings.
(1) The hearing on the defendant's culpability and
threat to the alleged victim of the offense shall be
conducted in accordance with the following provisions:
(A) Information used by the court in its findings
or stated in or offered at the hearing may be by way of
proffer based upon reliable information offered by the
State or by defendant. Defendant has the right to be
represented by counsel, and if he is indigent, to have
counsel appointed for him. Defendant shall have the

opportunity to testify, to present witnesses in his own
behalf, and to cross-examine witnesses if any are
called by the State. The defendant has the right to
present witnesses in his favor. When the ends of
justice so require, the court may exercise its
discretion and compel the appearance of a complaining
witness. The court shall state on the record reasons
for granting a defense request to compel the presence
of a complaining witness. Cross-examination of a
complaining witness at the pretrial detention hearing
for the purpose of impeaching the witness' credibility
is insufficient reason to compel the presence of the
witness. In deciding whether to compel the appearance
of a complaining witness, the court shall be
considerate of the emotional and physical well-being
of the witness. The pretrial detention hearing is not
to be used for the purposes of discovery, and the post
arraignment rules of discovery do not apply. The State
shall tender to the defendant, prior to the hearing,
copies of defendant's criminal history, if any, if
available, and any written or recorded statements and
the substance of any oral statements made by any
person, if relied upon by the State. The rules
concerning the admissibility of evidence in criminal
trials do not apply to the presentation and
consideration of information at the hearing. At the

trial concerning the offense for which the hearing was
conducted neither the finding of the court nor any
transcript or other record of the hearing shall be
admissible in the State's case in chief, but shall be
admissible for impeachment, or as provided in Section
115-10.1 of this Code, or in a perjury proceeding.
(B) A motion by the defendant to suppress evidence
or to suppress a confession shall not be entertained.
Evidence that proof may have been obtained as the
result of an unlawful search and seizure or through
improper interrogation is not relevant to this state of
the prosecution.
(2) The facts relied upon by the court to support a
finding that:
(A) the defendant poses a real and present threat
to the physical safety of the alleged victim of the
offense; and
(B) the denial of release on bail or personal
recognizance is necessary to prevent fulfillment of
the threat upon which the charge is based;
shall be supported by clear and convincing evidence
presented by the State.
(d) Factors to be considered in making a determination of
the threat to the alleged victim of the offense. The court may,
in determining whether the defendant poses, at the time of the
hearing, a real and present threat to the physical safety of

the alleged victim of the offense, consider but shall not be
limited to evidence or testimony concerning:
(1) The nature and circumstances of the offense
charged;
(2) The history and characteristics of the defendant
including:
(A) Any evidence of the defendant's prior criminal
history indicative of violent, abusive or assaultive
behavior, or lack of that behavior. The evidence may
include testimony or documents received in juvenile
proceedings, criminal, quasi-criminal, civil
commitment, domestic relations or other proceedings;
(B) Any evidence of the defendant's psychological,
psychiatric or other similar social history that tends
to indicate a violent, abusive, or assaultive nature,
or lack of any such history.
(3) The nature of the threat which is the basis of the
charge against the defendant;
(4) Any statements made by, or attributed to the
defendant, together with the circumstances surrounding
them;
(5) The age and physical condition of any person
assaulted by the defendant;
(6) Whether the defendant is known to possess or have
access to any weapon or weapons;
(7) Whether, at the time of the current offense or any

other offense or arrest, the defendant was on probation,
parole, mandatory supervised release or other release from
custody pending trial, sentencing, appeal or completion of
sentence for an offense under federal or state law;
(8) Any other factors, including those listed in
Section 110-5 of this Code, deemed by the court to have a
reasonable bearing upon the defendant's propensity or
reputation for violent, abusive or assaultive behavior, or
lack of that behavior.
(e) The court shall, in any order denying bail to a person
charged with stalking or aggravated stalking:
(1) briefly summarize the evidence of the defendant's
culpability and its reasons for concluding that the
defendant should be held without bail;
(2) direct that the defendant be committed to the
custody of the sheriff for confinement in the county jail
pending trial;
(3) direct that the defendant be given a reasonable
opportunity for private consultation with counsel, and for
communication with others of his choice by visitation, mail
and telephone; and
(4) direct that the sheriff deliver the defendant as
required for appearances in connection with court
proceedings.
(f) If the court enters an order for the detention of the
defendant under subsection (e) of this Section, the defendant

shall be brought to trial on the offense for which he is
detained within 90 days after the date on which the order for
detention was entered. If the defendant is not brought to trial
within the 90 day period required by this subsection (f), he
shall not be held longer without bail. In computing the 90 day
period, the court shall omit any period of delay resulting from
a continuance granted at the request of the defendant. The
court shall immediately notify the alleged victim of the
offense that the defendant has been admitted to bail under this
subsection.
(g) Any person shall be entitled to appeal any order
entered under this Section denying bail to the defendant.
(h) The State may appeal any order entered under this
Section denying any motion for denial of bail.
(i) Nothing in this Section shall be construed as modifying
or limiting in any way the defendant's presumption of innocence
in further criminal proceedings.
(Source: P.A. 96-1551, Article 1, Section 965, eff. 7-1-11;
96-1551, Article 2, Section 1040, eff. 7-1-11; revised
9-30-11.)
(725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
Sec. 110-10. Conditions of bail bond.
(a) If a person is released prior to conviction, either
upon payment of bail security or on his or her own
recognizance, the conditions of the bail bond shall be that he

or she will:
(1) Appear to answer the charge in the court having
jurisdiction on a day certain and thereafter as ordered by
the court until discharged or final order of the court;
(2) Submit himself or herself to the orders and process
of the court;
(3) Not depart this State without leave of the court;
(4) Not violate any criminal statute of any
jurisdiction;
(5) At a time and place designated by the court,
surrender all firearms in his or her possession to a law
enforcement officer designated by the court to take custody
of and impound the firearms and physically surrender his or
her Firearm Owner's Identification Card to the clerk of the
circuit court when the offense the person has been charged
with is a forcible felony, stalking, aggravated stalking,
domestic battery, any violation of the Illinois Controlled
Substances Act, the Methamphetamine Control and Community
Protection Act, or the Cannabis Control Act that is
classified as a Class 2 or greater felony, or any felony
violation of Article 24 of the Criminal Code of 1961; the
court may, however, forgo the imposition of this condition
when the circumstances of the case clearly do not warrant
it or when its imposition would be impractical; if the
Firearm Owner's Identification Card is confiscated, the
clerk of the circuit court shall mail the confiscated card

to the Illinois State Police; all legally possessed
firearms shall be returned to the person upon the charges
being dismissed, or if the person is found not guilty,
unless the finding of not guilty is by reason of insanity;
and
(6) At a time and place designated by the court, submit
to a psychological evaluation when the person has been
charged with a violation of item (4) of subsection (a) of
Section 24-1 of the Criminal Code of 1961 and that
violation occurred in a school or in any conveyance owned,
leased, or contracted by a school to transport students to
or from school or a school-related activity, or on any
public way within 1,000 feet of real property comprising
any school.
Psychological evaluations ordered pursuant to this Section
shall be completed promptly and made available to the State,
the defendant, and the court. As a further condition of bail
under these circumstances, the court shall order the defendant
to refrain from entering upon the property of the school,
including any conveyance owned, leased, or contracted by a
school to transport students to or from school or a
school-related activity, or on any public way within 1,000 feet
of real property comprising any school. Upon receipt of the
psychological evaluation, either the State or the defendant may
request a change in the conditions of bail, pursuant to Section
110-6 of this Code. The court may change the conditions of bail

to include a requirement that the defendant follow the
recommendations of the psychological evaluation, including
undergoing psychiatric treatment. The conclusions of the
psychological evaluation and any statements elicited from the
defendant during its administration are not admissible as
evidence of guilt during the course of any trial on the charged
offense, unless the defendant places his or her mental
competency in issue.
(b) The court may impose other conditions, such as the
following, if the court finds that such conditions are
reasonably necessary to assure the defendant's appearance in
court, protect the public from the defendant, or prevent the
defendant's unlawful interference with the orderly
administration of justice:
(1) Report to or appear in person before such person or
agency as the court may direct;
(2) Refrain from possessing a firearm or other
dangerous weapon;
(3) Refrain from approaching or communicating with
particular persons or classes of persons;
(4) Refrain from going to certain described
geographical areas or premises;
(5) Refrain from engaging in certain activities or
indulging in intoxicating liquors or in certain drugs;
(6) Undergo treatment for drug addiction or
alcoholism;

(7) Undergo medical or psychiatric treatment;
(8) Work or pursue a course of study or vocational
training;
(9) Attend or reside in a facility designated by the
court;
(10) Support his or her dependents;
(11) If a minor resides with his or her parents or in a
foster home, attend school, attend a non-residential
program for youths, and contribute to his or her own
support at home or in a foster home;
(12) Observe any curfew ordered by the court;
(13) Remain in the custody of such designated person or
organization agreeing to supervise his release. Such third
party custodian shall be responsible for notifying the
court if the defendant fails to observe the conditions of
release which the custodian has agreed to monitor, and
shall be subject to contempt of court for failure so to
notify the court;
(14) Be placed under direct supervision of the Pretrial
Services Agency, Probation Department or Court Services
Department in a pretrial bond home supervision capacity
with or without the use of an approved electronic
monitoring device subject to Article 8A of Chapter V of the
Unified Code of Corrections;
(14.1) The court shall impose upon a defendant who is
charged with any alcohol, cannabis, methamphetamine, or

controlled substance violation and is placed under direct
supervision of the Pretrial Services Agency, Probation
Department or Court Services Department in a pretrial bond
home supervision capacity with the use of an approved
monitoring device, as a condition of such bail bond, a fee
that represents costs incidental to the electronic
monitoring for each day of such bail supervision ordered by
the court, unless after determining the inability of the
defendant to pay the fee, the court assesses a lesser fee
or no fee as the case may be. The fee shall be collected by
the clerk of the circuit court. The clerk of the circuit
court shall pay all monies collected from this fee to the
county treasurer for deposit in the substance abuse
services fund under Section 5-1086.1 of the Counties Code;
(14.2) The court shall impose upon all defendants,
including those defendants subject to paragraph (14.1)
above, placed under direct supervision of the Pretrial
Services Agency, Probation Department or Court Services
Department in a pretrial bond home supervision capacity
with the use of an approved monitoring device, as a
condition of such bail bond, a fee which shall represent
costs incidental to such electronic monitoring for each day
of such bail supervision ordered by the court, unless after
determining the inability of the defendant to pay the fee,
the court assesses a lesser fee or no fee as the case may
be. The fee shall be collected by the clerk of the circuit

court. The clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer who shall
use the monies collected to defray the costs of
corrections. The county treasurer shall deposit the fee
collected in the county working cash fund under Section
6-27001 or Section 6-29002 of the Counties Code, as the
case may be;
(14.3) The Chief Judge of the Judicial Circuit may
establish reasonable fees to be paid by a person receiving
pretrial services while under supervision of a pretrial
services agency, probation department, or court services
department. Reasonable fees may be charged for pretrial
services including, but not limited to, pretrial
supervision, diversion programs, electronic monitoring,
victim impact services, drug and alcohol testing, DNA
testing, GPS electronic monitoring, assessments and
evaluations related to domestic violence and other
victims, and victim mediation services. The person
receiving pretrial services may be ordered to pay all costs
incidental to pretrial services in accordance with his or
her ability to pay those costs;
(14.4) For persons charged with violating Section
11-501 of the Illinois Vehicle Code, refrain from operating
a motor vehicle not equipped with an ignition interlock
device, as defined in Section 1-129.1 of the Illinois
Vehicle Code, pursuant to the rules promulgated by the

Secretary of State for the installation of ignition
interlock devices. Under this condition the court may allow
a defendant who is not self-employed to operate a vehicle
owned by the defendant's employer that is not equipped with
an ignition interlock device in the course and scope of the
defendant's employment;
(15) Comply with the terms and conditions of an order
of protection issued by the court under the Illinois
Domestic Violence Act of 1986 or an order of protection
issued by the court of another state, tribe, or United
States territory;
(16) Under Section 110-6.5 comply with the conditions
of the drug testing program; and
(17) Such other reasonable conditions as the court may
impose.
(c) When a person is charged with an offense under 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",
involving a victim who is a minor under 18 years of age living
in the same household with the defendant at the time of the
offense, in granting bail or releasing the defendant on his own
recognizance, the judge shall impose conditions to restrict the
defendant's access to the victim which may include, but are not
limited to conditions that he will:
1. Vacate the Household.
2. Make payment of temporary support to his dependents.

3. Refrain from contact or communication with the child
victim, except as ordered by the court.
(d) When a person is charged with a criminal offense and
the victim is a family or household member as defined in
Article 112A, conditions shall be imposed at the time of the
defendant's release on bond that restrict the defendant's
access to the victim. Unless provided otherwise by the court,
the restrictions shall include requirements that the defendant
do the following:
(1) refrain from contact or communication with the
victim for a minimum period of 72 hours following the
defendant's release; and
(2) refrain from entering or remaining at the victim's
residence for a minimum period of 72 hours following the
defendant's release.
(e) Local law enforcement agencies shall develop
standardized bond forms for use in cases involving family or
household members as defined in Article 112A, including
specific conditions of bond as provided in subsection (d).
Failure of any law enforcement department to develop or use
those forms shall in no way limit the applicability and
enforcement of subsections (d) and (f).
(f) If the defendant is admitted to bail after conviction
the conditions of the bail bond shall be that he will, in
addition to the conditions set forth in subsections (a) and (b)
hereof:

(1) Duly prosecute his appeal;
(2) Appear at such time and place as the court may
direct;
(3) Not depart this State without leave of the court;
(4) Comply with such other reasonable conditions as the
court may impose; and
(5) If the judgment is affirmed or the cause reversed
and remanded for a new trial, forthwith surrender to the
officer from whose custody he was bailed.
(g) Upon a finding of guilty for any felony offense, the
defendant shall physically surrender, at a time and place
designated by the court, any and all firearms in his or her
possession and his or her Firearm Owner's Identification Card
as a condition of remaining on bond pending sentencing.
(Source: P.A. 96-340, eff. 8-11-09; 96-1551, eff. 7-1-11;
97-401, eff. 1-1-12; revised 9-14-11.)
(725 ILCS 5/111-8) (from Ch. 38, par. 111-8)
Sec. 111-8. Orders of protection to prohibit domestic
violence.
(a) Whenever a violation of Section 9-1, 9-2, 9-3, 10-3,
10-3.1, 10-4, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
11-1.60, 11-14.3 that involves soliciting for a prostitute,
11-14.4 that involves soliciting for a juvenile prostitute,
11-15, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, 11-20a, 12-1,
12-2, 12-3, 12-3.05, 12-3.2, 12-3.3, 12-3.5, 12-4, 12-4.1,

12-4.3, 12-4.6, 12-5, 12-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5,
12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 19-4, 21-1, 21-2,
or 21-3 of the Criminal Code of 1961 or Section 1-1 of the
Harassing and Obscene Communications Act is alleged in an
information, complaint or indictment on file, and the alleged
offender and victim are family or household members, as defined
in the Illinois Domestic Violence Act, as now or hereafter
amended, the People through the respective State's Attorneys
may by separate petition and upon notice to the defendant,
except as provided in subsection (c) herein, request the court
to issue an order of protection.
(b) In addition to any other remedies specified in Section
208 of the Illinois Domestic Violence Act, as now or hereafter
amended, the order may direct the defendant to initiate no
contact with the alleged victim or victims who are family or
household members and to refrain from entering the residence,
school or place of business of the alleged victim or victims.
(c) The court may grant emergency relief without notice
upon a showing of immediate and present danger of abuse to the
victim or minor children of the victim and may enter a
temporary order pending notice and full hearing on the matter.
(Source: P.A. 96-1551, Article 1, Section 965, eff. 7-1-11;
P.A. 96-1551, Article 2, Section 1040, eff. 7-1-11; revised
9-30-11.)
(725 ILCS 5/115-7.3)

Sec. 115-7.3. Evidence in certain cases.
(a) This Section applies to criminal cases in which:
(1) the defendant is accused of predatory criminal
sexual assault of a child, aggravated criminal sexual
assault, criminal sexual assault, aggravated criminal
sexual abuse, criminal sexual abuse, child pornography,
aggravated child pornography, or criminal transmission of
HIV;
(2) the defendant is accused of battery, aggravated
battery, first degree murder, or second degree murder when
the commission of the offense involves sexual penetration
or sexual conduct as defined in Section 11-0.1 12-12 of the
Criminal Code of 1961; or
(3) the defendant is tried or retried for any of the
offenses formerly known as rape, deviate sexual assault,
indecent liberties with a child, or aggravated indecent
liberties with a child.
(b) If the defendant is accused of an offense set forth in
paragraph (1) or (2) of subsection (a) or the defendant is
tried or retried for any of the offenses set forth in paragraph
(3) of subsection (a), evidence of the defendant's commission
of another offense or offenses set forth in paragraph (1), (2),
or (3) of subsection (a), or evidence to rebut that proof or an
inference from that proof, may be admissible (if that evidence
is otherwise admissible under the rules of evidence) and may be
considered for its bearing on any matter to which it is

relevant.
(c) In weighing the probative value of the evidence against
undue prejudice to the defendant, the court may consider:
(1) the proximity in time to the charged or predicate
offense;
(2) the degree of factual similarity to the charged or
predicate offense; or
(3) other relevant facts and circumstances.
(d) In a criminal case in which the prosecution intends to
offer evidence under this Section, it must disclose the
evidence, including statements of witnesses or a summary of the
substance of any testimony, at a reasonable time in advance of
trial, or during trial if the court excuses pretrial notice on
good cause shown.
(e) In a criminal case in which evidence is offered under
this Section, proof may be made by specific instances of
conduct, testimony as to reputation, or testimony in the form
of an expert opinion, except that the prosecution may offer
reputation testimony only after the opposing party has offered
that testimony.
(f) In prosecutions for a violation of Section 10-2,
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-3.05, 12-4,
12-13, 12-14, 12-14.1, 12-15, 12-16, or 18-5 of the Criminal
Code of 1961, involving the involuntary delivery of a
controlled substance to a victim, no inference may be made
about the fact that a victim did not consent to a test for the

presence of controlled substances.
(Source: P.A. 95-892, eff. 1-1-09; 96-1551, eff. 7-1-11;
revised 10-12-11.)
(725 ILCS 5/115-10.3)
Sec. 115-10.3. Hearsay exception regarding elder adults.
(a) In a prosecution for a physical act, abuse, neglect, or
financial exploitation perpetrated upon or against an eligible
adult, as defined in the Elder Abuse and Neglect Act, who has
been diagnosed by a physician to suffer from (i) any form of
dementia, developmental disability, or other form of mental
incapacity or (ii) any physical infirmity, including but not
limited to prosecutions for violations of Sections 10-1, 10-2,
10-3, 10-3.1, 10-4, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
11-1.60, 11-11, 12-1, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.3,
12-4, 12-4.1, 12-4.2, 12-4.5, 12-4.6, 12-4.7, 12-5, 12-6,
12-7.3, 12-7.4, 12-11, 12-11.1, 12-13, 12-14, 12-15, 12-16,
12-21, 16-1, 16-1.3, 17-1, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4,
18-5, 20-1.1, 24-1.2, and 33A-2, or subsection (b) of Section
12-4.4a, of the Criminal Code of 1961, the following evidence
shall be admitted as an exception to the hearsay rule:
(1) testimony by an eligible adult, of an out of court
statement made by the eligible adult, that he or she
complained of such act to another; and
(2) testimony of an out of court statement made by the
eligible adult, describing any complaint of such act or

matter or detail pertaining to any act which is an element
of an offense which is the subject of a prosecution for a
physical act, abuse, neglect, or financial exploitation
perpetrated upon or against the eligible adult.
(b) Such testimony shall only be admitted if:
(1) The court finds in a hearing conducted outside the
presence of the jury that the time, content, and
circumstances of the statement provide sufficient
safeguards of reliability; and
(2) The eligible adult either:
(A) testifies at the proceeding; or
(B) is unavailable as a witness and there is
corroborative evidence of the act which is the subject
of the statement.
(c) If a statement is admitted pursuant to this Section,
the court shall instruct the jury that it is for the jury to
determine the weight and credibility to be given the statement
and that, in making the determination, it shall consider the
condition of the eligible adult, the nature of the statement,
the circumstances under which the statement was made, and any
other relevant factor.
(d) The proponent of the statement shall give the adverse
party reasonable notice of his or her intention to offer the
statement and the particulars of the statement.
(Source: P.A. 96-1551, Article 1, Section 965, eff. 7-1-11;
96-1551, Article 2, Section 1040, eff. 7-1-11; 96-1551, Article

10, Section 10-145, eff. 7-1-11; revised 9-30-11.)
Section 15-65. The Unified Code of Corrections is amended
by changing Sections 3-1-2, 3-3-7, 5-3-2, 5-4-3, 5-5-3,
5-5-3.2, 5-6-3, 5-6-3.1, 5-8-1, 5-8-4, and 5-9-1.7 as follows:
(730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
Sec. 3-1-2. Definitions.
(a) "Chief Administrative Officer" means the person
designated by the Director to exercise the powers and duties of
the Department of Corrections in regard to committed persons
within a correctional institution or facility, and includes the
superintendent of any juvenile institution or facility.
(a-5) "Sex offense" for the purposes of paragraph (16) of
subsection (a) of Section 3-3-7, paragraph (10) of subsection
(a) of Section 5-6-3, and paragraph (18) of subsection (c) of
Section 5-6-3.1 only means:
(i) A violation of any of the following Sections of the
Criminal Code of 1961: 10-7 (aiding or abetting child
abduction under Section 10-5(b)(10)), 10-5(b)(10) (child
luring), 11-6 (indecent solicitation of a child), 11-6.5
(indecent solicitation of an adult), 11-14.4 (promoting
juvenile prostitution), 11-15.1 (soliciting for a juvenile
prostitute), 11-17.1 (keeping a place of juvenile
prostitution), 11-18.1 (patronizing a juvenile
prostitute), 11-19.1 (juvenile pimping), 11-19.2

(exploitation of a child), 11-20.1 (child pornography),
11-20.1B or 11-20.3 (aggravated child pornography),
11-1.40 or 12-14.1 (predatory criminal sexual assault of a
child), or 12-33 (ritualized abuse of a child). An attempt
to commit any of these offenses.
(ii) A violation of any of the following Sections of
the Criminal Code of 1961: 11-1.20 or 12-13 (criminal
sexual assault), 11-1.30 or 12-14 (aggravated criminal
sexual assault), 11-1.60 or 12-16 (aggravated criminal
sexual abuse), and subsection (a) of Section 11-1.50 or
subsection (a) of Section 12-15 (criminal sexual abuse). An
attempt to commit any of these offenses.
(iii) A violation of any of the following Sections of
the Criminal Code of 1961 when the defendant is not a
parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in this
subsection (a-5).
An offense violating federal law or the law of another
state that is substantially equivalent to any offense listed in
this subsection (a-5) shall constitute a sex offense for the

purpose of this subsection (a-5). A finding or adjudication as
a sexually dangerous person under any federal law or law of
another state that is substantially equivalent to the Sexually
Dangerous Persons Act shall constitute an adjudication for a
sex offense for the purposes of this subsection (a-5).
(b) "Commitment" means a judicially determined placement
in the custody of the Department of Corrections on the basis of
delinquency or conviction.
(c) "Committed Person" is a person committed to the
Department, however a committed person shall not be considered
to be an employee of the Department of Corrections for any
purpose, including eligibility for a pension, benefits, or any
other compensation or rights or privileges which may be
provided to employees of the Department.
(c-5) "Computer scrub software" means any third-party
added software, designed to delete information from the
computer unit, the hard drive, or other software, which would
eliminate and prevent discovery of browser activity, including
but not limited to Internet history, address bar or bars, cache
or caches, and/or cookies, and which would over-write files in
a way so as to make previous computer activity, including but
not limited to website access, more difficult to discover.
(d) "Correctional Institution or Facility" means any
building or part of a building where committed persons are kept
in a secured manner.
(e) In the case of functions performed before the effective

date of this amendatory Act of the 94th General Assembly,
"Department" means the Department of Corrections of this State.
In the case of functions performed on or after the effective
date of this amendatory Act of the 94th General Assembly,
"Department" has the meaning ascribed to it in subsection
(f-5).
(f) In the case of functions performed before the effective
date of this amendatory Act of the 94th General Assembly,
"Director" means the Director of the Department of Corrections.
In the case of functions performed on or after the effective
date of this amendatory Act of the 94th General Assembly,
"Director" has the meaning ascribed to it in subsection (f-5).
(f-5) In the case of functions performed on or after the
effective date of this amendatory Act of the 94th General
Assembly, references to "Department" or "Director" refer to
either the Department of Corrections or the Director of
Corrections or to the Department of Juvenile Justice or the
Director of Juvenile Justice unless the context is specific to
the Department of Juvenile Justice or the Director of Juvenile
Justice.
(g) "Discharge" means the final termination of a commitment
to the Department of Corrections.
(h) "Discipline" means the rules and regulations for the
maintenance of order and the protection of persons and property
within the institutions and facilities of the Department and
their enforcement.

(i) "Escape" means the intentional and unauthorized
absence of a committed person from the custody of the
Department.
(j) "Furlough" means an authorized leave of absence from
the Department of Corrections for a designated purpose and
period of time.
(k) "Parole" means the conditional and revocable release of
a committed person under the supervision of a parole officer.
(l) "Prisoner Review Board" means the Board established in
Section 3-3-1(a), independent of the Department, to review
rules and regulations with respect to good time credits, to
hear charges brought by the Department against certain
prisoners alleged to have violated Department rules with
respect to good time credits, to set release dates for certain
prisoners sentenced under the law in effect prior to the
effective date of this Amendatory Act of 1977, to hear requests
and make recommendations to the Governor with respect to
pardon, reprieve or commutation, to set conditions for parole
and mandatory supervised release and determine whether
violations of those conditions justify revocation of parole or
release, and to assume all other functions previously exercised
by the Illinois Parole and Pardon Board.
(m) Whenever medical treatment, service, counseling, or
care is referred to in this Unified Code of Corrections, such
term may be construed by the Department or Court, within its
discretion, to include treatment, service or counseling by a

Christian Science practitioner or nursing care appropriate
therewith whenever request therefor is made by a person subject
to the provisions of this Act.
(n) "Victim" shall have the meaning ascribed to it in
subsection (a) of Section 3 of the Bill of Rights for Victims
and Witnesses of Violent Crime Act.
(o) "Wrongfully imprisoned person" means a person who has
been discharged from a prison of this State and has received:
(1) a pardon from the Governor stating that such pardon
is issued on the ground of innocence of the crime for which
he or she was imprisoned; or
(2) a certificate of innocence from the Circuit Court
as provided in Section 2-702 of the Code of Civil
Procedure.
(Source: P.A. 96-362, eff. 1-1-10; 96-710, eff. 1-1-10;
96-1000, eff. 7-2-10; 96-1550, eff. 7-1-11; 96-1551, eff.
7-1-11; revised 9-30-11.)
(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7)
Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
Release.
(a) The conditions of parole or mandatory supervised
release shall be such as the Prisoner Review Board deems
necessary to assist the subject in leading a law-abiding life.
The conditions of every parole and mandatory supervised release
are that the subject:

(1) not violate any criminal statute of any
jurisdiction during the parole or release term;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) report to an agent of the Department of
Corrections;
(4) permit the agent to visit him or her at his or her
home, employment, or elsewhere to the extent necessary for
the agent to discharge his or her duties;
(5) attend or reside in a facility established for the
instruction or residence of persons on parole or mandatory
supervised release;
(6) secure permission before visiting or writing a
committed person in an Illinois Department of Corrections
facility;
(7) report all arrests to an agent of the Department of
Corrections as soon as permitted by the arresting authority
but in no event later than 24 hours after release from
custody and immediately report service or notification of
an order of protection, a civil no contact order, or a
stalking no contact order to an agent of the Department of
Corrections;
(7.5) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, the individual shall
undergo and successfully complete sex offender treatment
conducted in conformance with the standards developed by

the Sex Offender Management Board Act by a treatment
provider approved by the Board;
(7.6) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, refrain from residing at
the same address or in the same condominium unit or
apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has
been placed on supervision for a sex offense; the
provisions of this paragraph do not apply to a person
convicted of a sex offense who is placed in a Department of
Corrections licensed transitional housing facility for sex
offenders, or is in any facility operated or licensed by
the Department of Children and Family Services or by the
Department of Human Services, or is in any licensed medical
facility;
(7.7) if convicted for an offense that would qualify
the accused as a sexual predator under the Sex Offender
Registration Act on or after January 1, 2007 (the effective
date of Public Act 94-988), wear an approved electronic
monitoring device as defined in Section 5-8A-2 for the
duration of the person's parole, mandatory supervised
release term, or extended mandatory supervised release
term and if convicted for an offense of criminal sexual
assault, aggravated criminal sexual assault, predatory
criminal sexual assault of a child, criminal sexual abuse,

aggravated criminal sexual abuse, or ritualized abuse of a
child committed on or after August 11, 2009 (the effective
date of Public Act 96-236) when the victim was under 18
years of age at the time of the commission of the offense
and the defendant used force or the threat of force in the
commission of the offense wear an approved electronic
monitoring device as defined in Section 5-8A-2 that has
Global Positioning System (GPS) capability for the
duration of the person's parole, mandatory supervised
release term, or extended mandatory supervised release
term;
(7.8) if convicted for an offense committed on or after
June 1, 2008 (the effective date of Public Act 95-464) that
would qualify the accused as a child sex offender as
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
1961, refrain from communicating with or contacting, by
means of the Internet, a person who is not related to the
accused and whom the accused reasonably believes to be
under 18 years of age; for purposes of this paragraph
(7.8), "Internet" has the meaning ascribed to it in Section
16-0.1 of the Criminal Code of 1961; and a person is not
related to the accused if the person is not: (i) the
spouse, brother, or sister of the accused; (ii) a
descendant of the accused; (iii) a first or second cousin
of the accused; or (iv) a step-child or adopted child of
the accused;

(7.9) if convicted under Section 11-6, 11-20.1,
11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961,
consent to search of computers, PDAs, cellular phones, and
other devices under his or her control that are capable of
accessing the Internet or storing electronic files, in
order to confirm Internet protocol addresses reported in
accordance with the Sex Offender Registration Act and
compliance with conditions in this Act;
(7.10) if convicted for an offense that would qualify
the accused as a sex offender or sexual predator under the
Sex Offender Registration Act on or after June 1, 2008 (the
effective date of Public Act 95-640), not possess
prescription drugs for erectile dysfunction;
(7.11) if convicted for an offense under Section 11-6,
11-9.1, 11-14.4 that involves soliciting for a juvenile
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
of the Criminal Code of 1961, or any attempt to commit any
of these offenses, committed on or after June 1, 2009 (the
effective date of Public Act 95-983):
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the Department;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's supervising
agent, a law enforcement officer, or assigned computer

or information technology specialist, including the
retrieval and copying of all data from the computer or
device and any internal or external peripherals and
removal of such information, equipment, or device to
conduct a more thorough inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the Board, the Department or the offender's
supervising agent;
(7.12) if convicted of a sex offense as defined in the
Sex Offender Registration Act committed on or after January
1, 2010 (the effective date of Public Act 96-262), refrain
from accessing or using a social networking website as
defined in Section 17-0.5 of the Criminal Code of 1961;
(7.13) if convicted of a sex offense as defined in
Section 2 of the Sex Offender Registration Act committed on
or after January 1, 2010 (the effective date of Public Act
96-362) that requires the person to register as a sex
offender under that Act, may not knowingly use any computer
scrub software on any computer that the sex offender uses;
(8) obtain permission of an agent of the Department of

Corrections before leaving the State of Illinois;
(9) obtain permission of an agent of the Department of
Corrections before changing his or her residence or
employment;
(10) consent to a search of his or her person,
property, or residence under his or her control;
(11) refrain from the use or possession of narcotics or
other controlled substances in any form, or both, or any
paraphernalia related to those substances and submit to a
urinalysis test as instructed by a parole agent of the
Department of Corrections;
(12) not frequent places where controlled substances
are illegally sold, used, distributed, or administered;
(13) not knowingly associate with other persons on
parole or mandatory supervised release without prior
written permission of his or her parole agent and not
associate with persons who are members of an organized gang
as that term is defined in the Illinois Streetgang
Terrorism Omnibus Prevention Act;
(14) provide true and accurate information, as it
relates to his or her adjustment in the community while on
parole or mandatory supervised release or to his or her
conduct while incarcerated, in response to inquiries by his
or her parole agent or of the Department of Corrections;
(15) follow any specific instructions provided by the
parole agent that are consistent with furthering

conditions set and approved by the Prisoner Review Board or
by law, exclusive of placement on electronic detention, to
achieve the goals and objectives of his or her parole or
mandatory supervised release or to protect the public.
These instructions by the parole agent may be modified at
any time, as the agent deems appropriate;
(16) if convicted of a sex offense as defined in
subsection (a-5) of Section 3-1-2 of this Code, unless the
offender is a parent or guardian of the person under 18
years of age present in the home and no non-familial minors
are present, not participate in a holiday event involving
children under 18 years of age, such as distributing candy
or other items to children on Halloween, wearing a Santa
Claus costume on or preceding Christmas, being employed as
a department store Santa Claus, or wearing an Easter Bunny
costume on or preceding Easter;
(17) if convicted of a violation of an order of
protection under Section 12-30 of the Criminal Code of
1961, be placed under electronic surveillance as provided
in Section 5-8A-7 of this Code; and
(18) comply with the terms and conditions of an order
of protection issued pursuant to the Illinois Domestic
Violence Act of 1986; an order of protection issued by the
court of another state, tribe, or United States territory;
a no contact order issued pursuant to the Civil No Contact
Order Act; or a no contact order issued pursuant to the

Stalking No Contact Order Act; and .
(19) (18) if convicted of a violation of the
Methamphetamine Control and Community Protection Act, the
Methamphetamine Precursor Control Act, or a
methamphetamine related offense, be:
(A) prohibited from purchasing, possessing, or
having under his or her control any product containing
pseudoephedrine unless prescribed by a physician; and
(B) prohibited from purchasing, possessing, or
having under his or her control any product containing
ammonium nitrate.
(b) The Board may in addition to other conditions require
that the subject:
(1) work or pursue a course of study or vocational
training;
(2) undergo medical or psychiatric treatment, or
treatment for drug addiction or alcoholism;
(3) attend or reside in a facility established for the
instruction or residence of persons on probation or parole;
(4) support his dependents;
(5) (blank);
(6) (blank);
(7) (blank);
(7.5) if convicted for an offense committed on or after
the effective date of this amendatory Act of the 95th
General Assembly that would qualify the accused as a child

sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961, refrain from communicating with or
contacting, by means of the Internet, a person who is
related to the accused and whom the accused reasonably
believes to be under 18 years of age; for purposes of this
paragraph (7.5), "Internet" has the meaning ascribed to it
in Section 16-0.1 of the Criminal Code of 1961; and a
person is related to the accused if the person is: (i) the
spouse, brother, or sister of the accused; (ii) a
descendant of the accused; (iii) a first or second cousin
of the accused; or (iv) a step-child or adopted child of
the accused;
(7.6) if convicted for an offense committed on or after
June 1, 2009 (the effective date of Public Act 95-983) that
would qualify as a sex offense as defined in the Sex
Offender Registration Act:
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the Department;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's supervising
agent, a law enforcement officer, or assigned computer
or information technology specialist, including the
retrieval and copying of all data from the computer or
device and any internal or external peripherals and

removal of such information, equipment, or device to
conduct a more thorough inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the Board, the Department or the offender's
supervising agent; and
(8) in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
or
(iv) contribute to his own support at home or in a
foster home.
(b-1) In addition to the conditions set forth in
subsections (a) and (b), persons required to register as sex
offenders pursuant to the Sex Offender Registration Act, upon
release from the custody of the Illinois Department of
Corrections, may be required by the Board to comply with the
following specific conditions of release:
(1) reside only at a Department approved location;
(2) comply with all requirements of the Sex Offender

Registration Act;
(3) notify third parties of the risks that may be
occasioned by his or her criminal record;
(4) obtain the approval of an agent of the Department
of Corrections prior to accepting employment or pursuing a
course of study or vocational training and notify the
Department prior to any change in employment, study, or
training;
(5) not be employed or participate in any volunteer
activity that involves contact with children, except under
circumstances approved in advance and in writing by an
agent of the Department of Corrections;
(6) be electronically monitored for a minimum of 12
months from the date of release as determined by the Board;
(7) refrain from entering into a designated geographic
area except upon terms approved in advance by an agent of
the Department of Corrections. The terms may include
consideration of the purpose of the entry, the time of day,
and others accompanying the person;
(8) refrain from having any contact, including written
or oral communications, directly or indirectly, personally
or by telephone, letter, or through a third party with
certain specified persons including, but not limited to,
the victim or the victim's family without the prior written
approval of an agent of the Department of Corrections;
(9) refrain from all contact, directly or indirectly,

personally, by telephone, letter, or through a third party,
with minor children without prior identification and
approval of an agent of the Department of Corrections;
(10) neither possess or have under his or her control
any material that is sexually oriented, sexually
stimulating, or that shows male or female sex organs or any
pictures depicting children under 18 years of age nude or
any written or audio material describing sexual
intercourse or that depicts or alludes to sexual activity,
including but not limited to visual, auditory, telephonic,
or electronic media, or any matter obtained through access
to any computer or material linked to computer access use;
(11) not patronize any business providing sexually
stimulating or sexually oriented entertainment nor utilize
"900" or adult telephone numbers;
(12) not reside near, visit, or be in or about parks,
schools, day care centers, swimming pools, beaches,
theaters, or any other places where minor children
congregate without advance approval of an agent of the
Department of Corrections and immediately report any
incidental contact with minor children to the Department;
(13) not possess or have under his or her control
certain specified items of contraband related to the
incidence of sexually offending as determined by an agent
of the Department of Corrections;
(14) may be required to provide a written daily log of

activities if directed by an agent of the Department of
Corrections;
(15) comply with all other special conditions that the
Department may impose that restrict the person from
high-risk situations and limit access to potential
victims;
(16) take an annual polygraph exam;
(17) maintain a log of his or her travel; or
(18) obtain prior approval of his or her parole officer
before driving alone in a motor vehicle.
(c) The conditions under which the parole or mandatory
supervised release is to be served shall be communicated to the
person in writing prior to his release, and he shall sign the
same before release. A signed copy of these conditions,
including a copy of an order of protection where one had been
issued by the criminal court, shall be retained by the person
and another copy forwarded to the officer in charge of his
supervision.
(d) After a hearing under Section 3-3-9, the Prisoner
Review Board may modify or enlarge the conditions of parole or
mandatory supervised release.
(e) The Department shall inform all offenders committed to
the Department of the optional services available to them upon
release and shall assist inmates in availing themselves of such
optional services upon their release on a voluntary basis.
(f) (Blank).

(Source: P.A. 96-236, eff. 8-11-09; 96-262, eff. 1-1-10;
96-328, eff. 8-11-09; 96-362, eff. 1-1-10; 96-1000, eff.
7-2-10; 96-1539, eff. 3-4-11; 96-1551, Article 2, Section 1065,
eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
97-50, eff. 6-28-11; 97-531, eff. 1-1-12; 97-560, eff. 1-1-12;
97-597, eff. 1-1-12; revised 9-14-11.)
(730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
Sec. 5-3-2. Presentence Report.
(a) In felony cases, the presentence report shall set
forth:
(1) the defendant's history of delinquency or
criminality, physical and mental history and condition,
family situation and background, economic status,
education, occupation and personal habits;
(2) information about special resources within the
community which might be available to assist the
defendant's rehabilitation, including treatment centers,
residential facilities, vocational training services,
correctional manpower programs, employment opportunities,
special educational programs, alcohol and drug abuse
programming, psychiatric and marriage counseling, and
other programs and facilities which could aid the
defendant's successful reintegration into society;
(3) the effect the offense committed has had upon the
victim or victims thereof, and any compensatory benefit

that various sentencing alternatives would confer on such
victim or victims;
(4) information concerning the defendant's status
since arrest, including his record if released on his own
recognizance, or the defendant's achievement record if
released on a conditional pre-trial supervision program;
(5) when appropriate, a plan, based upon the personal,
economic and social adjustment needs of the defendant,
utilizing public and private community resources as an
alternative to institutional sentencing;
(6) any other matters that the investigatory officer
deems relevant or the court directs to be included; and
(7) information concerning defendant's eligibility for
a sentence to a county impact incarceration program under
Section 5-8-1.2 of this Code.
(b) The investigation shall include a physical and mental
examination of the defendant when so ordered by the court. If
the court determines that such an examination should be made,
it shall issue an order that the defendant submit to
examination at such time and place as designated by the court
and that such examination be conducted by a physician,
psychologist or psychiatrist designated by the court. Such an
examination may be conducted in a court clinic if so ordered by
the court. The cost of such examination shall be paid by the
county in which the trial is held.
(b-5) In cases involving felony sex offenses in which the

offender is being considered for probation only or any felony
offense that is sexually motivated as defined in the Sex
Offender Management Board Act in which the offender is being
considered for probation only, the investigation shall include
a sex offender evaluation by an evaluator approved by the Board
and conducted in conformance with the standards developed under
the Sex Offender Management Board Act. In cases in which the
offender is being considered for any mandatory prison sentence,
the investigation shall not include a sex offender evaluation.
(c) In misdemeanor, business offense or petty offense
cases, except as specified in subsection (d) of this Section,
when a presentence report has been ordered by the court, such
presentence report shall contain information on the
defendant's history of delinquency or criminality and shall
further contain only those matters listed in any of paragraphs
(1) through (6) of subsection (a) or in subsection (b) of this
Section as are specified by the court in its order for the
report.
(d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or
12-30 of the Criminal Code of 1961, as amended, the presentence
report shall set forth information about alcohol, drug abuse,
psychiatric, and marriage counseling or other treatment
programs and facilities, information on the defendant's
history of delinquency or criminality, and shall contain those
additional matters listed in any of paragraphs (1) through (6)
of subsection (a) or in subsection (b) of this Section as are

specified by the court.
(e) Nothing in this Section shall cause the defendant to be
held without bail or to have his bail revoked for the purpose
of preparing the presentence report or making an examination.
(Source: P.A. 96-322, eff. 1-1-10; 96-1551, Article 1, Section
970, eff. 7-1-11; 96-1551, Article 2, Section 1065, eff.
7-1-11; revised 9-30-11.)
(730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
Sec. 5-4-3. Specimens; genetic marker groups.
(a) Any person convicted of, found guilty under the
Juvenile Court Act of 1987 for, or who received a disposition
of court supervision for, a qualifying offense or attempt of a
qualifying offense, convicted or found guilty of any offense
classified as a felony under Illinois law, convicted or found
guilty of any offense requiring registration under the Sex
Offender Registration Act, found guilty or given supervision
for any offense classified as a felony under the Juvenile Court
Act of 1987, convicted or found guilty of, under the Juvenile
Court Act of 1987, any offense requiring registration under the
Sex Offender Registration Act, or institutionalized as a
sexually dangerous person under the Sexually Dangerous Persons
Act, or committed as a sexually violent person under the
Sexually Violent Persons Commitment Act shall, regardless of
the sentence or disposition imposed, be required to submit
specimens of blood, saliva, or tissue to the Illinois

Department of State Police in accordance with the provisions of
this Section, provided such person is:
(1) convicted of a qualifying offense or attempt of a
qualifying offense on or after July 1, 1990 and sentenced
to a term of imprisonment, periodic imprisonment, fine,
probation, conditional discharge or any other form of
sentence, or given a disposition of court supervision for
the offense;
(1.5) found guilty or given supervision under the
Juvenile Court Act of 1987 for a qualifying offense or
attempt of a qualifying offense on or after January 1,
1997;
(2) ordered institutionalized as a sexually dangerous
person on or after July 1, 1990;
(3) convicted of a qualifying offense or attempt of a
qualifying offense before July 1, 1990 and is presently
confined as a result of such conviction in any State
correctional facility or county jail or is presently
serving a sentence of probation, conditional discharge or
periodic imprisonment as a result of such conviction;
(3.5) convicted or found guilty of any offense
classified as a felony under Illinois law or found guilty
or given supervision for such an offense under the Juvenile
Court Act of 1987 on or after August 22, 2002;
(4) presently institutionalized as a sexually
dangerous person or presently institutionalized as a

person found guilty but mentally ill of a sexual offense or
attempt to commit a sexual offense; or
(4.5) ordered committed as a sexually violent person on
or after the effective date of the Sexually Violent Persons
Commitment Act.
(a-1) Any person incarcerated in a facility of the Illinois
Department of Corrections or the Illinois Department of
Juvenile Justice on or after August 22, 2002, whether for a
term of years, natural life, or a sentence of death, who has
not yet submitted a specimen of blood, saliva, or tissue shall
be required to submit a specimen of blood, saliva, or tissue
prior to his or her final discharge, or release on parole or
mandatory supervised release, as a condition of his or her
parole or mandatory supervised release, or within 6 months from
August 13, 2009 (the effective date of Public Act 96-426),
whichever is sooner. A person incarcerated on or after August
13, 2009 (the effective date of Public Act 96-426) shall be
required to submit a specimen within 45 days of incarceration,
or prior to his or her final discharge, or release on parole or
mandatory supervised release, as a condition of his or her
parole or mandatory supervised release, whichever is sooner.
These specimens shall be placed into the State or national DNA
database, to be used in accordance with other provisions of
this Section, by the Illinois State Police.
(a-2) Any person sentenced to life imprisonment in a
facility of the Illinois Department of Corrections after the

effective date of this amendatory Act of the 94th General
Assembly or sentenced to death after the effective date of this
amendatory Act of the 94th General Assembly shall be required
to provide a specimen of blood, saliva, or tissue within 45
days after sentencing or disposition at a collection site
designated by the Illinois Department of State Police. Any
person serving a sentence of life imprisonment in a facility of
the Illinois Department of Corrections on the effective date of
this amendatory Act of the 94th General Assembly or any person
who is under a sentence of death on the effective date of this
amendatory Act of the 94th General Assembly shall be required
to provide a specimen of blood, saliva, or tissue upon request
at a collection site designated by the Illinois Department of
State Police.
(a-3) Any person seeking transfer to or residency in
Illinois under Sections 3-3-11.05 through 3-3-11.5 of this
Code, the Interstate Compact for Adult Offender Supervision, or
the Interstate Agreements on Sexually Dangerous Persons Act
shall be required to provide a specimen of blood, saliva, or
tissue within 45 days after transfer to or residency in
Illinois at a collection site designated by the Illinois
Department of State Police.
(a-3.1) Any person required by an order of the court to
submit a DNA specimen shall be required to provide a specimen
of blood, saliva, or tissue within 45 days after the court
order at a collection site designated by the Illinois

Department of State Police.
(a-3.2) On or after January 1, 2012 (the effective date of
Public Act 97-383) this amendatory Act of the 97th General
Assembly, any person arrested for any of the following
offenses, after an indictment has been returned by a grand
jury, or following a hearing pursuant to Section 109-3 of the
Code of Criminal Procedure of 1963 and a judge finds there is
probable cause to believe the arrestee has committed one of the
designated offenses, or an arrestee has waived a preliminary
hearing shall be required to provide a specimen of blood,
saliva, or tissue within 14 days after such indictment or
hearing at a collection site designated by the Illinois
Department of State Police:
(A) first degree murder;
(B) home invasion;
(C) predatory criminal sexual assault of a child;
(D) aggravated criminal sexual assault; or
(E) criminal sexual assault.
(a-3.3) Any person required to register as a sex offender
under the Sex Offender Registration Act, regardless of the date
of conviction as set forth in subsection (c-5.2) shall be
required to provide a specimen of blood, saliva, or tissue
within the time period prescribed in subsection (c-5.2) at a
collection site designated by the Illinois Department of State
Police.
(a-5) Any person who was otherwise convicted of or received

a disposition of court supervision for any other offense under
the Criminal Code of 1961 or who was found guilty or given
supervision for such a violation under the Juvenile Court Act
of 1987, may, regardless of the sentence imposed, be required
by an order of the court to submit specimens of blood, saliva,
or tissue to the Illinois Department of State Police in
accordance with the provisions of this Section.
(b) Any person required by paragraphs (a)(1), (a)(1.5),
(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
saliva, or tissue shall provide specimens of blood, saliva, or
tissue within 45 days after sentencing or disposition at a
collection site designated by the Illinois Department of State
Police.
(c) Any person required by paragraphs (a)(3), (a)(4), and
(a)(4.5) to provide specimens of blood, saliva, or tissue shall
be required to provide such specimens prior to final discharge
or within 6 months from August 13, 2009 (the effective date of
Public Act 96-426), whichever is sooner. These specimens shall
be placed into the State or national DNA database, to be used
in accordance with other provisions of this Act, by the
Illinois State Police.
(c-5) Any person required by paragraph (a-3) to provide
specimens of blood, saliva, or tissue shall, where feasible, be
required to provide the specimens before being accepted for
conditioned residency in Illinois under the interstate compact
or agreement, but no later than 45 days after arrival in this

State.
(c-5.2) Unless it is determined that a registered sex
offender has previously submitted a specimen of blood, saliva,
or tissue that has been placed into the State DNA database, a
person registering as a sex offender shall be required to
submit a specimen at the time of his or her initial
registration pursuant to the Sex Offender Registration Act or,
for a person registered as a sex offender on or prior to
January 1, 2012 (the effective date of Public Act 97-383) this
amendatory Act of the 97th General Assembly, within one year of
January 1, 2012 (the effective date of Public Act 97-383) this
amendatory Act or at the time of his or her next required
registration.
(c-6) The Illinois Department of State Police may determine
which type of specimen or specimens, blood, saliva, or tissue,
is acceptable for submission to the Division of Forensic
Services for analysis. The Illinois Department of State Police
may require the submission of fingerprints from anyone required
to give a specimen under this Act.
(d) The Illinois Department of State Police shall provide
all equipment and instructions necessary for the collection of
blood specimens. The collection of specimens shall be performed
in a medically approved manner. Only a physician authorized to
practice medicine, a registered nurse or other qualified person
trained in venipuncture may withdraw blood for the purposes of
this Act. The specimens shall thereafter be forwarded to the

Illinois Department of State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings.
(d-1) The Illinois Department of State Police shall provide
all equipment and instructions necessary for the collection of
saliva specimens. The collection of saliva specimens shall be
performed in a medically approved manner. Only a person trained
in the instructions promulgated by the Illinois State Police on
collecting saliva may collect saliva for the purposes of this
Section. The specimens shall thereafter be forwarded to the
Illinois Department of State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings.
(d-2) The Illinois Department of State Police shall provide
all equipment and instructions necessary for the collection of
tissue specimens. The collection of tissue specimens shall be
performed in a medically approved manner. Only a person trained
in the instructions promulgated by the Illinois State Police on
collecting tissue may collect tissue for the purposes of this
Section. The specimens shall thereafter be forwarded to the
Illinois Department of State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings.
(d-5) To the extent that funds are available, the Illinois
Department of State Police shall contract with qualified
personnel and certified laboratories for the collection,

analysis, and categorization of known specimens, except as
provided in subsection (n) of this Section.
(d-6) Agencies designated by the Illinois Department of
State Police and the Illinois Department of State Police may
contract with third parties to provide for the collection or
analysis of DNA, or both, of an offender's blood, saliva, and
tissue specimens, except as provided in subsection (n) of this
Section.
(e) The genetic marker groupings shall be maintained by the
Illinois Department of State Police, Division of Forensic
Services.
(f) The genetic marker grouping analysis information
obtained pursuant to this Act shall be confidential and shall
be released only to peace officers of the United States, of
other states or territories, of the insular possessions of the
United States, of foreign countries duly authorized to receive
the same, to all peace officers of the State of Illinois and to
all prosecutorial agencies, and to defense counsel as provided
by Section 116-5 of the Code of Criminal Procedure of 1963. The
genetic marker grouping analysis information obtained pursuant
to this Act shall be used only for (i) valid law enforcement
identification purposes and as required by the Federal Bureau
of Investigation for participation in the National DNA
database, (ii) technology validation purposes, (iii) a
population statistics database, (iv) quality assurance
purposes if personally identifying information is removed, (v)

assisting in the defense of the criminally accused pursuant to
Section 116-5 of the Code of Criminal Procedure of 1963, or
(vi) identifying and assisting in the prosecution of a person
who is suspected of committing a sexual assault as defined in
Section 1a of the Sexual Assault Survivors Emergency Treatment
Act. Notwithstanding any other statutory provision to the
contrary, all information obtained under this Section shall be
maintained in a single State data base, which may be uploaded
into a national database, and which information may be subject
to expungement only as set forth in subsection (f-1).
(f-1) Upon receipt of notification of a reversal of a
conviction based on actual innocence, or of the granting of a
pardon pursuant to Section 12 of Article V of the Illinois
Constitution, if that pardon document specifically states that
the reason for the pardon is the actual innocence of an
individual whose DNA record has been stored in the State or
national DNA identification index in accordance with this
Section by the Illinois Department of State Police, the DNA
record shall be expunged from the DNA identification index, and
the Department shall by rule prescribe procedures to ensure
that the record and any specimens, analyses, or other documents
relating to such record, whether in the possession of the
Department or any law enforcement or police agency, or any
forensic DNA laboratory, including any duplicates or copies
thereof, are destroyed and a letter is sent to the court
verifying the expungement is completed. For specimens required

to be collected prior to conviction, unless the individual has
other charges or convictions that require submission of a
specimen, the DNA record for an individual shall be expunged
from the DNA identification databases and the specimen
destroyed upon receipt of a certified copy of a final court
order for each charge against an individual in which the charge
has been dismissed, resulted in acquittal, or that the charge
was not filed within the applicable time period. The Department
shall by rule prescribe procedures to ensure that the record
and any specimens in the possession or control of the
Department are destroyed and a letter is sent to the court
verifying the expungement is completed.
(f-5) Any person who intentionally uses genetic marker
grouping analysis information, or any other information
derived from a DNA specimen, beyond the authorized uses as
provided under this Section, or any other Illinois law, is
guilty of a Class 4 felony, and shall be subject to a fine of
not less than $5,000.
(f-6) The Illinois Department of State Police may contract
with third parties for the purposes of implementing this
amendatory Act of the 93rd General Assembly, except as provided
in subsection (n) of this Section. Any other party contracting
to carry out the functions of this Section shall be subject to
the same restrictions and requirements of this Section insofar
as applicable, as the Illinois Department of State Police, and
to any additional restrictions imposed by the Illinois

Department of State Police.
(g) For the purposes of this Section, "qualifying offense"
means any of the following:
(1) any violation or inchoate violation of Section
11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or
12-16 of the Criminal Code of 1961;
(1.1) any violation or inchoate violation of Section
9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
18-4, 19-1, or 19-2 of the Criminal Code of 1961 for which
persons are convicted on or after July 1, 2001;
(2) any former statute of this State which defined a
felony sexual offense;
(3) (blank);
(4) any inchoate violation of Section 9-3.1, 11-9.3,
12-7.3, or 12-7.4 of the Criminal Code of 1961; or
(5) any violation or inchoate violation of Article 29D
of the Criminal Code of 1961.
(g-5) (Blank).
(h) The Illinois Department of State Police shall be the
State central repository for all genetic marker grouping
analysis information obtained pursuant to this Act. The
Illinois Department of State Police may promulgate rules for
the form and manner of the collection of blood, saliva, or
tissue specimens and other procedures for the operation of this
Act. The provisions of the Administrative Review Law shall
apply to all actions taken under the rules so promulgated.

(i) (1) A person required to provide a blood, saliva, or
tissue specimen shall cooperate with the collection of the
specimen and any deliberate act by that person intended to
impede, delay or stop the collection of the blood, saliva,
or tissue specimen is a Class 4 felony.
(2) In the event that a person's DNA specimen is not
adequate for any reason, the person shall provide another
DNA specimen for analysis. Duly authorized law enforcement
and corrections personnel may employ reasonable force in
cases in which an individual refuses to provide a DNA
specimen required under this Act.
(j) Any person required by subsection (a), or any person
who was previously required by subsection (a-3.2), to submit
specimens of blood, saliva, or tissue to the Illinois
Department of State Police for analysis and categorization into
genetic marker grouping, in addition to any other disposition,
penalty, or fine imposed, shall pay an analysis fee of $250. If
the analysis fee is not paid at the time of sentencing, the
court shall establish a fee schedule by which the entire amount
of the analysis fee shall be paid in full, such schedule not to
exceed 24 months from the time of conviction. The inability to
pay this analysis fee shall not be the sole ground to
incarcerate the person.
(k) All analysis and categorization fees provided for by
subsection (j) shall be regulated as follows:
(1) The State Offender DNA Identification System Fund

is hereby created as a special fund in the State Treasury.
(2) All fees shall be collected by the clerk of the
court and forwarded to the State Offender DNA
Identification System Fund for deposit. The clerk of the
circuit court may retain the amount of $10 from each
collected analysis fee to offset administrative costs
incurred in carrying out the clerk's responsibilities
under this Section.
(3) Fees deposited into the State Offender DNA
Identification System Fund shall be used by Illinois State
Police crime laboratories as designated by the Director of
State Police. These funds shall be in addition to any
allocations made pursuant to existing laws and shall be
designated for the exclusive use of State crime
laboratories. These uses may include, but are not limited
to, the following:
(A) Costs incurred in providing analysis and
genetic marker categorization as required by
subsection (d).
(B) Costs incurred in maintaining genetic marker
groupings as required by subsection (e).
(C) Costs incurred in the purchase and maintenance
of equipment for use in performing analyses.
(D) Costs incurred in continuing research and
development of new techniques for analysis and genetic
marker categorization.

(E) Costs incurred in continuing education,
training, and professional development of forensic
scientists regularly employed by these laboratories.
(l) The failure of a person to provide a specimen, or of
any person or agency to collect a specimen, shall in no way
alter the obligation of the person to submit such specimen, or
the authority of the Illinois Department of State Police or
persons designated by the Department to collect the specimen,
or the authority of the Illinois Department of State Police to
accept, analyze and maintain the specimen or to maintain or
upload results of genetic marker grouping analysis information
into a State or national database.
(m) If any provision of this amendatory Act of the 93rd
General Assembly is held unconstitutional or otherwise
invalid, the remainder of this amendatory Act of the 93rd
General Assembly is not affected.
(n) Neither the Department of State Police, the Division of
Forensic Services, nor any laboratory of the Division of
Forensic Services may contract out forensic testing for the
purpose of an active investigation or a matter pending before a
court of competent jurisdiction without the written consent of
the prosecuting agency. For the purposes of this subsection
(n), "forensic testing" includes the analysis of physical
evidence in an investigation or other proceeding for the
prosecution of a violation of the Criminal Code of 1961 or for
matters adjudicated under the Juvenile Court Act of 1987, and

includes the use of forensic databases and databanks, including
DNA, firearm, and fingerprint databases, and expert testimony.
(o) Mistake does not invalidate a database match. The
detention, arrest, or conviction of a person based upon a
database match or database information is not invalidated if it
is determined that the specimen was obtained or placed in the
database by mistake.
(p) This Section may be referred to as the Illinois DNA
Database Law of 2011.
(Source: P.A. 96-426, eff. 8-13-09; 96-642, eff. 8-24-09;
96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-383, eff.
1-1-12; revised 9-14-11.)
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
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 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 where the death penalty is

not imposed.
(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), (c)(1.5), or (c)(2) of Section 401
of that Act which relates to more than 5 grams of a
substance containing heroin, cocaine, fentanyl, or an
analog thereof.
(E) A violation of Section 5.1 or 9 of the Cannabis
Control Act.
(F) A Class 2 or greater felony 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 Alcoholism and Other Drug Abuse and
Dependency Act.
(F-5) A violation of Section 24-1, 24-1.1, or
24-1.6 of the Criminal Code of 1961 for which
imprisonment is prescribed in those Sections.

(G) Residential burglary, except as otherwise
provided in Section 40-10 of the Alcoholism and Other
Drug Abuse and Dependency 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.
(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 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.
(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.
(Q) A violation of Section 20-1.2 or 20-1.3 of the
Criminal Code of 1961.
(R) A violation of Section 24-3A of the Criminal
Code of 1961.
(S) (Blank).
(T) A second or subsequent violation of the
Methamphetamine Control and Community Protection Act.
(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, 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.

(W) A violation of Section 24-3.5 of the Criminal
Code of 1961.
(X) A violation of subsection (a) of Section 31-1a
of the Criminal Code of 1961.
(Y) A conviction for unlawful possession of a
firearm 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 if the firearm is aimed toward
the person against whom the firearm is being used.
(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.
(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.
(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 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;

(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.
(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 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 the

Unified Code of Corrections 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 sentence which could have been imposed at the
original trial subject to Section 5-5-4 of the Unified Code of
Corrections. 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 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:
(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 1961.
(f) (Blank).
(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, 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 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. A State's Attorney
may petition the court to obtain the results of any HIV test
administered under this Section, and the court shall grant the
disclosure if the State's Attorney shows it is relevant in
order to prosecute a charge of criminal transmission of HIV
under Section 12-5.01 or 12-16.2 of the Criminal Code of 1961
against the defendant. 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
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. A State's Attorney may petition the court to
obtain the results of any HIV test administered under this
Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12-5.01 or
12-16.2 of the Criminal Code of 1961 against the defendant. 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 Section 27.5
of the Clerks of Courts 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,
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, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961, 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 Substance 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.
(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 the high school level Test of
General Educational Development (GED) 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 the GED test.
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 Section 3-3-9. This
subsection (j-5) does not apply to a defendant who has a high
school diploma or has successfully passed the GED test. This
subsection (j-5) does not apply to a defendant who is
determined by the court to be developmentally disabled 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 an alien as defined by
the Immigration and Nationality Act, 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 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 good conduct credit for
meritorious service as provided under Section 3-6-6.
(m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961, 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 (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 is an addict or
alcoholic, as defined in the Alcoholism and Other Drug Abuse
and Dependency Act, to a substance or alcohol abuse 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. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09;
96-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article
1, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065,
eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
97-159, eff. 7-21-11; revised 9-14-11.)
(730 ILCS 5/5-5-3.2)
Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
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
person who is physically handicapped 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" means heterosexuality, homosexuality, or
bisexuality;

(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 released on bail 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,
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 1961,
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 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, 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;
(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;
(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
1961;
(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, or the ID/DD
Community Care 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 offense of driving under the influence of
alcohol, other drug or drugs, intoxicating compound or
compounds or any 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, disabled, or infirm by taking
advantage of a family or fiduciary relationship with the
elderly, disabled, or infirm person;
(24) the defendant committed any offense under Section
11-20.1 of the Criminal Code of 1961 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 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 11-20.3 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; or
(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.
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.
"Public transportation" means the transportation or
conveyance of persons by means available to the general public,
and includes paratransit services.

(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;
(ii) a person 60 years of age or older at the time
of the offense or such person's property; or
(iii) a person physically handicapped 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
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 24.6-5 of the
Criminal Code of 1961; 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.
(c) The following factors may be considered by the court as
reasons to impose an extended term sentence under Section 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
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 (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 (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
(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 (720 ILCS
5/24-1).
(7) When a defendant is convicted of an offense
involving the illegal manufacture of a controlled
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.
(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 12-13, 12-14,
12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 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. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328,
eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10;
96-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff.
1-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11; 96-1551,
Article 2, Section 1065, eff. 7-1-11; 97-38, eff. 6-28-11,
97-227, eff. 1-1-12; 97-333, eff. 8-12-11; revised 9-14-11.)
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)

Sec. 5-6-3. Conditions of Probation and of Conditional
Discharge.
(a) The conditions of probation and of conditional
discharge shall be that the person:
(1) not violate any criminal statute of any
jurisdiction;
(2) report to or appear in person before such person or
agency as directed by the court;
(3) refrain from possessing a firearm or other
dangerous weapon where the offense is a felony or, if a
misdemeanor, the offense involved the intentional or
knowing infliction of bodily harm or threat of bodily harm;
(4) not leave the State without the consent of the
court or, in circumstances in which the reason for the
absence is of such an emergency nature that prior consent
by the court is not possible, without the prior
notification and approval of the person's probation
officer. Transfer of a person's probation or conditional
discharge supervision to another state is subject to
acceptance by the other state pursuant to the Interstate
Compact for Adult Offender Supervision;
(5) permit the probation officer to visit him at his
home or elsewhere to the extent necessary to discharge his
duties;
(6) perform no less than 30 hours of community service
and not more than 120 hours of community service, if

community service is available in the jurisdiction and is
funded and approved by the county board where the offense
was committed, where the offense was related to or in
furtherance of the criminal activities of an organized gang
and was motivated by the offender's membership in or
allegiance to an organized gang. The community service
shall include, but not be limited to, the cleanup and
repair of any damage caused by a violation of Section
21-1.3 of the Criminal Code of 1961 and similar damage to
property located within the municipality or county in which
the violation occurred. When possible and reasonable, the
community service should be performed in the offender's
neighborhood. For purposes of this Section, "organized
gang" has the meaning ascribed to it in Section 10 of the
Illinois Streetgang Terrorism Omnibus Prevention Act;
(7) if he or she is at least 17 years of age and has
been sentenced to probation or conditional discharge for a
misdemeanor or felony in a county of 3,000,000 or more
inhabitants and has not been previously convicted of a
misdemeanor or felony, may be required by the sentencing
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 the high
school level Test of General Educational Development (GED)
or to work toward completing a vocational training program
approved by the court. The person on probation or

conditional discharge must attend a public institution of
education to obtain the educational or vocational training
required by this clause (7). The court shall revoke the
probation or conditional discharge of a person who wilfully
fails to comply with this clause (7). The person on
probation or conditional discharge shall be required to pay
for the cost of the educational courses or GED test, if a
fee is charged for those courses or test. The court shall
resentence the offender whose probation or conditional
discharge has been revoked as provided in Section 5-6-4.
This clause (7) does not apply to a person who has a high
school diploma or has successfully passed the GED test.
This clause (7) does not apply to a person who is
determined by the court to be developmentally disabled or
otherwise mentally incapable of completing the educational
or vocational program;
(8) if convicted of possession of a substance
prohibited by the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act after a previous conviction or
disposition of supervision for possession of a substance
prohibited by the Cannabis Control Act or Illinois
Controlled Substances Act or after a sentence of probation
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

and upon a finding by the court that the person is
addicted, undergo treatment at a substance abuse program
approved by the court;
(8.5) if convicted of a felony sex offense as defined
in the Sex Offender Management Board Act, the person shall
undergo and successfully complete sex offender treatment
by a treatment provider approved by the Board and conducted
in conformance with the standards developed under the Sex
Offender Management Board Act;
(8.6) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, refrain from residing at
the same address or in the same condominium unit or
apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has
been placed on supervision for a sex offense; the
provisions of this paragraph do not apply to a person
convicted of a sex offense who is placed in a Department of
Corrections licensed transitional housing facility for sex
offenders;
(8.7) if convicted for an offense committed on or after
June 1, 2008 (the effective date of Public Act 95-464) that
would qualify the accused as a child sex offender as
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
1961, refrain from communicating with or contacting, by
means of the Internet, a person who is not related to the

accused and whom the accused reasonably believes to be
under 18 years of age; for purposes of this paragraph
(8.7), "Internet" has the meaning ascribed to it in Section
16-0.1 of the Criminal Code of 1961; and a person is not
related to the accused if the person is not: (i) the
spouse, brother, or sister of the accused; (ii) a
descendant of the accused; (iii) a first or second cousin
of the accused; or (iv) a step-child or adopted child of
the accused;
(8.8) if convicted for an offense under Section 11-6,
11-9.1, 11-14.4 that involves soliciting for a juvenile
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
of the Criminal Code of 1961, or any attempt to commit any
of these offenses, committed on or after June 1, 2009 (the
effective date of Public Act 95-983):
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the offender's probation officer,
except in connection with the offender's employment or
search for employment with the prior approval of the
offender's probation officer;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's probation
officer, a law enforcement officer, or assigned
computer or information technology specialist,

including the retrieval and copying of all data from
the computer or device and any internal or external
peripherals and removal of such information,
equipment, or device to conduct a more thorough
inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the offender's probation officer;
(8.9) if convicted of a sex offense as defined in the
Sex Offender Registration Act committed on or after January
1, 2010 (the effective date of Public Act 96-262), refrain
from accessing or using a social networking website as
defined in Section 17-0.5 of the Criminal Code of 1961;
(9) if convicted of a felony, physically surrender at a
time and place designated by the court, his or her Firearm
Owner's Identification Card and any and all firearms in his
or her possession;
(10) if convicted of a sex offense as defined in
subsection (a-5) of Section 3-1-2 of this Code, unless the
offender is a parent or guardian of the person under 18
years of age present in the home and no non-familial minors

are present, not participate in a holiday event involving
children under 18 years of age, such as distributing candy
or other items to children on Halloween, wearing a Santa
Claus costume on or preceding Christmas, being employed as
a department store Santa Claus, or wearing an Easter Bunny
costume on or preceding Easter;
(11) if convicted of a sex offense as defined in
Section 2 of the Sex Offender Registration Act committed on
or after January 1, 2010 (the effective date of Public Act
96-362) that requires the person to register as a sex
offender under that Act, may not knowingly use any computer
scrub software on any computer that the sex offender uses;
and
(12) if convicted of a violation of the Methamphetamine
Control and Community Protection Act, the Methamphetamine
Precursor Control Act, or a methamphetamine related
offense:
(A) prohibited from purchasing, possessing, or
having under his or her control any product containing
pseudoephedrine unless prescribed by a physician; and
(B) prohibited from purchasing, possessing, or
having under his or her control any product containing
ammonium nitrate.
(b) The Court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each

defendant in the proper discretion of the Court require that
the person:
(1) serve a term of periodic imprisonment under Article
7 for a period not to exceed that specified in paragraph
(d) of Section 5-7-1;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his dependents;
(7) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in a
foster home;
(v) with the consent of the superintendent of the
facility, attend an educational program at a facility
other than the school in which the offense was
committed if he or she is convicted of a crime of
violence as defined in Section 2 of the Crime Victims
Compensation Act committed in a school, on the real
property comprising a school, or within 1,000 feet of

the real property comprising a school;
(8) make restitution as provided in Section 5-5-6 of
this Code;
(9) perform some reasonable public or community
service;
(10) serve a term of home confinement. In addition to
any other applicable condition of probation or conditional
discharge, the conditions of home confinement shall be that
the offender:
(i) remain within the interior premises of the
place designated for his confinement during the hours
designated by the court;
(ii) admit any person or agent designated by the
court into the offender's place of confinement at any
time for purposes of verifying the offender's
compliance with the conditions of his confinement; and
(iii) if further deemed necessary by the court or
the Probation or Court Services Department, be placed
on an approved electronic monitoring device, subject
to Article 8A of Chapter V;
(iv) for persons convicted of any alcohol,
cannabis or controlled substance violation who are
placed on an approved monitoring device as a condition
of probation or conditional discharge, the court shall
impose a reasonable fee for each day of the use of the
device, as established by the county board in

subsection (g) of this Section, unless after
determining the inability of the offender to pay the
fee, the court assesses a lesser fee or no fee as the
case may be. This fee shall be imposed in addition to
the fees imposed under subsections (g) and (i) of this
Section. The fee shall be collected by the clerk of the
circuit court. The clerk of the circuit court shall pay
all monies collected from this fee to the county
treasurer for deposit in the substance abuse services
fund under Section 5-1086.1 of the Counties Code; and
(v) for persons convicted of offenses other than
those referenced in clause (iv) above and who are
placed on an approved monitoring device as a condition
of probation or conditional discharge, the court shall
impose a reasonable fee for each day of the use of the
device, as established by the county board in
subsection (g) of this Section, unless after
determining the inability of the defendant to pay the
fee, the court assesses a lesser fee or no fee as the
case may be. This fee shall be imposed in addition to
the fees imposed under subsections (g) and (i) of this
Section. The fee shall be collected by the clerk of the
circuit court. The clerk of the circuit court shall pay
all monies collected from this fee to the county
treasurer who shall use the monies collected to defray
the costs of corrections. The county treasurer shall

deposit the fee collected in the probation and court
services fund.
(11) comply with the terms and conditions of an order
of protection issued by the court pursuant to the Illinois
Domestic Violence Act of 1986, as now or hereafter amended,
or an order of protection issued by the court of another
state, tribe, or United States territory. A copy of the
order of protection shall be transmitted to the probation
officer or agency having responsibility for the case;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council Act
for any reasonable expenses incurred by the program on the
offender's case, not to exceed the maximum amount of the
fine authorized for the offense for which the defendant was
sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, (i) to a
"local anti-crime program", as defined in Section 7 of the
Anti-Crime Advisory Council Act, or (ii) for offenses under
the jurisdiction of the Department of Natural Resources, to
the fund established by the Department of Natural Resources
for the purchase of evidence for investigation purposes and
to conduct investigations as outlined in Section 805-105 of
the Department of Natural Resources (Conservation) Law;
(14) refrain from entering into a designated

geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer, if the defendant has been placed on
probation or advance approval by the court, if the
defendant was placed on conditional discharge;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of his
or her blood or urine or both for tests to determine the
presence of any illicit drug;
(17) if convicted for an offense committed on or after
June 1, 2008 (the effective date of Public Act 95-464) that
would qualify the accused as a child sex offender as
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
1961, refrain from communicating with or contacting, by
means of the Internet, a person who is related to the
accused and whom the accused reasonably believes to be
under 18 years of age; for purposes of this paragraph (17),

"Internet" has the meaning ascribed to it in Section 16-0.1
of the Criminal Code of 1961; and a person is related to
the accused if the person is: (i) the spouse, brother, or
sister of the accused; (ii) a descendant of the accused;
(iii) a first or second cousin of the accused; or (iv) a
step-child or adopted child of the accused;
(18) if convicted for an offense committed on or after
June 1, 2009 (the effective date of Public Act 95-983) that
would qualify as a sex offense as defined in the Sex
Offender Registration Act:
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the offender's probation officer,
except in connection with the offender's employment or
search for employment with the prior approval of the
offender's probation officer;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's probation
officer, a law enforcement officer, or assigned
computer or information technology specialist,
including the retrieval and copying of all data from
the computer or device and any internal or external
peripherals and removal of such information,
equipment, or device to conduct a more thorough
inspection;

(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
subject's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the offender's probation officer; and
(19) refrain from possessing a firearm or other
dangerous weapon where the offense is a misdemeanor that
did not involve the intentional or knowing infliction of
bodily harm or threat of bodily harm.
(c) The court may as a condition of probation or of
conditional discharge require that a person under 18 years of
age found guilty of any alcohol, cannabis or controlled
substance violation, refrain from acquiring a driver's license
during the period of probation or conditional discharge. If
such person is in possession of a permit or license, the court
may require that the minor refrain from driving or operating
any motor vehicle during the period of probation or conditional
discharge, except as may be necessary in the course of the
minor's lawful employment.
(d) An offender sentenced to probation or to conditional
discharge shall be given a certificate setting forth the
conditions thereof.
(e) Except where the offender has committed a fourth or

subsequent violation of subsection (c) of Section 6-303 of the
Illinois Vehicle Code, the court shall not require as a
condition of the sentence of probation or conditional discharge
that the offender be committed to a period of imprisonment in
excess of 6 months. This 6 month limit shall not include
periods of confinement given pursuant to a sentence of county
impact incarceration under Section 5-8-1.2.
Persons committed to imprisonment as a condition of
probation or conditional discharge shall not be committed to
the Department of Corrections.
(f) The court may combine a sentence of periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration program under Article 8 with a sentence of
probation or conditional discharge.
(g) An offender sentenced to probation or to conditional
discharge and who during the term of either undergoes mandatory
drug or alcohol testing, or both, or is assigned to be placed
on an approved electronic monitoring device, shall be ordered
to pay all costs incidental to such mandatory drug or alcohol
testing, or both, and all costs incidental to such approved
electronic monitoring in accordance with the defendant's
ability to pay those costs. The county board with the
concurrence of the Chief Judge of the judicial circuit in which
the county is located shall establish reasonable fees for the
cost of maintenance, testing, and incidental expenses related
to the mandatory drug or alcohol testing, or both, and all

costs incidental to approved electronic monitoring, involved
in a successful probation program for the county. The
concurrence of the Chief Judge shall be in the form of an
administrative order. The fees shall be collected by the clerk
of the circuit court. The clerk of the circuit court shall pay
all moneys collected from these fees to the county treasurer
who shall use the moneys collected to defray the costs of drug
testing, alcohol testing, and electronic monitoring. The
county treasurer shall deposit the fees collected in the county
working cash fund under Section 6-27001 or Section 6-29002 of
the Counties Code, as the case may be.
(h) Jurisdiction over an offender may be transferred from
the sentencing court to the court of another circuit with the
concurrence of both courts. Further transfers or retransfers of
jurisdiction are also authorized in the same manner. The court
to which jurisdiction has been transferred shall have the same
powers as the sentencing court. The probation department within
the circuit to which jurisdiction has been transferred may
impose probation fees upon receiving the transferred offender,
as provided in subsection (i). The probation department from
the original sentencing court shall retain all probation fees
collected prior to the transfer.
(i) The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to conditional discharge
after January 1, 1992 or to community service under the
supervision of a probation or court services department after

January 1, 2004, as a condition of such probation or
conditional discharge or supervised community service, a fee of
$50 for each month of probation or conditional discharge
supervision or supervised community service ordered by the
court, unless after determining the inability of the person
sentenced to probation or conditional discharge or supervised
community service to pay the fee, the court assesses a lesser
fee. The court may not impose the fee on a minor who is made a
ward of the State under the Juvenile Court Act of 1987 while
the minor is in placement. The fee shall be imposed only upon
an offender who is actively supervised by the probation and
court services department. The fee shall be collected by the
clerk of the circuit court. The clerk of the circuit court
shall pay all monies collected from this fee to the county
treasurer for deposit in the probation and court services fund
under Section 15.1 of the Probation and Probation Officers Act.
A circuit court may not impose a probation fee under this
subsection (i) in excess of $25 per month unless the circuit
court has adopted, by administrative order issued by the chief
judge, a standard probation fee guide determining an offender's
ability to pay Of the amount collected as a probation fee, up
to $5 of that fee collected per month may be used to provide
services to crime victims and their families.
The Court may only waive probation fees based on an
offender's ability to pay. The probation department may
re-evaluate an offender's ability to pay every 6 months, and,

with the approval of the Director of Court Services or the
Chief Probation Officer, adjust the monthly fee amount. An
offender may elect to pay probation fees due in a lump sum. Any
offender that has been assigned to the supervision of a
probation department, or has been transferred either under
subsection (h) of this Section or under any interstate compact,
shall be required to pay probation fees to the department
supervising the offender, based on the offender's ability to
pay.
This amendatory Act of the 93rd General Assembly deletes
the $10 increase in the fee under this subsection that was
imposed by Public Act 93-616. This deletion is intended to
control over any other Act of the 93rd General Assembly that
retains or incorporates that fee increase.
(i-5) In addition to the fees imposed under subsection (i)
of this Section, in the case of an offender convicted of a
felony sex offense (as defined in the Sex Offender Management
Board Act) or an offense that the court or probation department
has determined to be sexually motivated (as defined in the Sex
Offender Management Board Act), the court or the probation
department shall assess additional fees to pay for all costs of
treatment, assessment, evaluation for risk and treatment, and
monitoring the offender, based on that offender's ability to
pay those costs either as they occur or under a payment plan.
(j) All fines and costs 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 Section 27.5
of the Clerks of Courts Act.
(k) Any offender who is sentenced to probation or
conditional discharge for a felony sex offense as defined in
the Sex Offender Management Board Act or any offense that the
court or probation department has determined to be sexually
motivated as defined in the Sex Offender Management Board Act
shall be required to refrain from any contact, directly or
indirectly, with any persons specified by the court and shall
be available for all evaluations and treatment programs
required by the court or the probation department.
(l) The court may order an offender who is sentenced to
probation or conditional discharge for a violation of an order
of protection be placed under electronic surveillance as
provided in Section 5-8A-7 of this Code.
(Source: P.A. 96-262, eff. 1-1-10; 96-328, eff. 8-11-09;
96-362, eff. 1-1-10; 96-695, eff. 8-25-09; 96-1000, eff.
7-2-10; 96-1414, eff. 1-1-11; 96-1551, Article 2, Section 1065,
eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
97-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597, eff. 1-1-12;
revised 9-14-11.)
(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)

Sec. 5-6-3.1. Incidents and Conditions of Supervision.
(a) When a defendant is placed on supervision, the court
shall enter an order for supervision specifying the period of
such supervision, and shall defer further proceedings in the
case until the conclusion of the period.
(b) The period of supervision shall be reasonable under all
of the circumstances of the case, but may not be longer than 2
years, unless the defendant has failed to pay the assessment
required by Section 10.3 of the Cannabis Control Act, Section
411.2 of the Illinois Controlled Substances Act, or Section 80
of the Methamphetamine Control and Community Protection Act, in
which case the court may extend supervision beyond 2 years.
Additionally, the court shall order the defendant to perform no
less than 30 hours of community service and not more than 120
hours of community service, if community service is available
in the jurisdiction and is funded and approved by the county
board where the offense was committed, when the offense (1) was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the defendant's membership
in or allegiance to an organized gang; or (2) is a violation of
any Section of Article 24 of the Criminal Code of 1961 where a
disposition of supervision is not prohibited by Section 5-6-1
of this Code. The community service shall include, but not be
limited to, the cleanup and repair of any damage caused by
violation of Section 21-1.3 of the Criminal Code of 1961 and
similar damages to property located within the municipality or

county in which the violation occurred. Where possible and
reasonable, the community service should be performed in the
offender's neighborhood.
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.
(c) The court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the court require that
the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the order
of supervision;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his dependents;
(7) refrain from possessing a firearm or other
dangerous weapon;
(8) and in addition, if a minor:

(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in a
foster home; or
(v) with the consent of the superintendent of the
facility, attend an educational program at a facility
other than the school in which the offense was
committed if he or she is placed on supervision for a
crime of violence as defined in Section 2 of the Crime
Victims Compensation Act committed in a school, on the
real property comprising a school, or within 1,000 feet
of the real property comprising a school;
(9) make restitution or reparation in an amount not to
exceed actual loss or damage to property and pecuniary loss
or make restitution under Section 5-5-6 to a domestic
violence shelter. The court shall determine the amount and
conditions of payment;
(10) perform some reasonable public or community
service;
(11) comply with the terms and conditions of an order
of protection issued by the court pursuant to the Illinois
Domestic Violence Act of 1986 or an order of protection
issued by the court of another state, tribe, or United
States territory. If the court has ordered the defendant to
make a report and appear in person under paragraph (1) of

this subsection, a copy of the order of protection shall be
transmitted to the person or agency so designated by the
court;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council Act
for any reasonable expenses incurred by the program on the
offender's case, not to exceed the maximum amount of the
fine authorized for the offense for which the defendant was
sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, (i) to a
"local anti-crime program", as defined in Section 7 of the
Anti-Crime Advisory Council Act, or (ii) for offenses under
the jurisdiction of the Department of Natural Resources, to
the fund established by the Department of Natural Resources
for the purchase of evidence for investigation purposes and
to conduct investigations as outlined in Section 805-105 of
the Department of Natural Resources (Conservation) Law;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer;
(15) refrain from having any contact, directly or

indirectly, with certain specified persons or particular
types of person, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of his
or her blood or urine or both for tests to determine the
presence of any illicit drug;
(17) refrain from operating any motor vehicle not
equipped with an ignition interlock device as defined in
Section 1-129.1 of the Illinois Vehicle Code; under this
condition the court may allow a defendant who is not
self-employed to operate a vehicle owned by the defendant's
employer that is not equipped with an ignition interlock
device in the course and scope of the defendant's
employment; and
(18) if placed on supervision for a sex offense as
defined in subsection (a-5) of Section 3-1-2 of this Code,
unless the offender is a parent or guardian of the person
under 18 years of age present in the home and no
non-familial minors are present, not participate in a
holiday event involving children under 18 years of age,
such as distributing candy or other items to children on
Halloween, wearing a Santa Claus costume on or preceding

Christmas, being employed as a department store Santa
Claus, or wearing an Easter Bunny costume on or preceding
Easter.
(d) The court shall defer entering any judgment on the
charges until the conclusion of the supervision.
(e) At the conclusion of the period of supervision, if the
court determines that the defendant has successfully complied
with all of the conditions of supervision, the court shall
discharge the defendant and enter a judgment dismissing the
charges.
(f) Discharge and dismissal upon a successful conclusion of
a disposition of supervision shall be deemed without
adjudication of guilt and shall not be termed a conviction for
purposes of disqualification or disabilities imposed by law
upon conviction of a crime. Two years after the discharge and
dismissal under this Section, unless the disposition of
supervision was for a violation of Sections 3-707, 3-708,
3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, or for a violation of
Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961,
in which case it shall be 5 years after discharge and
dismissal, a person may have his record of arrest sealed or
expunged as may be provided by law. However, any defendant
placed on supervision before January 1, 1980, may move for
sealing or expungement of his arrest record, as provided by
law, at any time after discharge and dismissal under this

Section. A person placed on supervision for a sexual offense
committed against a minor as defined in clause (a)(1)(L) of
Section 5.2 of the Criminal Identification Act or for a
violation of Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance shall not have his or
her record of arrest sealed or expunged.
(g) A defendant placed on supervision and who during the
period of supervision undergoes mandatory drug or alcohol
testing, or both, or is assigned to be placed on an approved
electronic monitoring device, shall be ordered to pay the costs
incidental to such mandatory drug or alcohol testing, or both,
and costs incidental to such approved electronic monitoring in
accordance with the defendant's ability to pay those costs. The
county board with the concurrence of the Chief Judge of the
judicial circuit in which the county is located shall establish
reasonable fees for the cost of maintenance, testing, and
incidental expenses related to the mandatory drug or alcohol
testing, or both, and all costs incidental to approved
electronic monitoring, of all defendants placed on
supervision. The concurrence of the Chief Judge shall be in the
form of an administrative order. The fees shall be collected by
the clerk of the circuit court. The clerk of the circuit court
shall pay all moneys collected from these fees to the county
treasurer who shall use the moneys collected to defray the
costs of drug testing, alcohol testing, and electronic
monitoring. The county treasurer shall deposit the fees

collected in the county working cash fund under Section 6-27001
or Section 6-29002 of the Counties Code, as the case may be.
(h) A disposition of supervision is a final order for the
purposes of appeal.
(i) The court shall impose upon a defendant placed on
supervision after January 1, 1992 or to community service under
the supervision of a probation or court services department
after January 1, 2004, as a condition of supervision or
supervised community service, a fee of $50 for each month of
supervision or supervised community service ordered by the
court, unless after determining the inability of the person
placed on supervision or supervised community service to pay
the fee, the court assesses a lesser fee. The court may not
impose the fee on a minor who is made a ward of the State under
the Juvenile Court Act of 1987 while the minor is in placement.
The fee shall be imposed only upon a defendant who is actively
supervised by the probation and court services department. The
fee shall be collected by the clerk of the circuit court. The
clerk of the circuit court shall pay all monies collected from
this fee to the county treasurer for deposit in the probation
and court services fund pursuant to Section 15.1 of the
Probation and Probation Officers Act.
A circuit court may not impose a probation fee in excess of
$25 per month unless the circuit court has adopted, by
administrative order issued by the chief judge, a standard
probation fee guide determining an offender's ability to pay.

Of the amount collected as a probation fee, not to exceed $5 of
that fee collected per month may be used to provide services to
crime victims and their families.
The Court may only waive probation fees based on an
offender's ability to pay. The probation department may
re-evaluate an offender's ability to pay every 6 months, and,
with the approval of the Director of Court Services or the
Chief Probation Officer, adjust the monthly fee amount. An
offender may elect to pay probation fees due in a lump sum. Any
offender that has been assigned to the supervision of a
probation department, or has been transferred either under
subsection (h) of this Section or under any interstate compact,
shall be required to pay probation fees to the department
supervising the offender, based on the offender's ability to
pay.
(j) All fines and costs 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 Section 27.5
of the Clerks of Courts Act.
(k) A defendant at least 17 years of age who is placed on
supervision for a misdemeanor in a county of 3,000,000 or more
inhabitants and who has not been previously convicted of a
misdemeanor or felony may as a condition of his or her

supervision 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 the high school level Test of General
Educational Development (GED) or to work toward completing a
vocational training program approved by the court. The
defendant placed on supervision must attend a public
institution of education to obtain the educational or
vocational training required by this subsection (k). The
defendant placed on supervision shall be required to pay for
the cost of the educational courses or GED test, if a fee is
charged for those courses or test. The court shall revoke the
supervision of a person who wilfully fails to comply with this
subsection (k). The court shall resentence the defendant upon
revocation of supervision as provided in Section 5-6-4. This
subsection (k) does not apply to a defendant who has a high
school diploma or has successfully passed the GED test. This
subsection (k) does not apply to a defendant who is determined
by the court to be developmentally disabled or otherwise
mentally incapable of completing the educational or vocational
program.
(l) The court shall require a defendant placed on
supervision for possession of a substance prohibited by the
Cannabis Control Act, the Illinois Controlled Substances Act,
or the Methamphetamine Control and Community Protection Act
after a previous conviction or disposition of supervision for

possession of a substance prohibited by the Cannabis Control
Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act or a
sentence of probation under Section 10 of the Cannabis Control
Act or Section 410 of the Illinois Controlled Substances Act
and after a finding by the court that the person is addicted,
to undergo treatment at a substance abuse program approved by
the court.
(m) The Secretary of State shall require anyone placed on
court supervision for a violation of Section 3-707 of the
Illinois Vehicle Code or a similar provision of a local
ordinance to give proof of his or her financial responsibility
as defined in Section 7-315 of the Illinois Vehicle Code. The
proof shall be maintained by the individual in a manner
satisfactory to the Secretary of State for a minimum period of
3 years after the date the proof is first filed. The proof
shall be limited to a single action per arrest and may not be
affected by any post-sentence disposition. The Secretary of
State shall suspend the driver's license of any person
determined by the Secretary to be in violation of this
subsection.
(n) Any offender placed on supervision for any offense that
the court or probation department has determined to be sexually
motivated as defined in the Sex Offender Management Board Act
shall be required to refrain from any contact, directly or
indirectly, with any persons specified by the court and shall

be available for all evaluations and treatment programs
required by the court or the probation department.
(o) An offender placed on supervision for a sex offense as
defined in the Sex Offender Management Board Act shall refrain
from residing at the same address or in the same condominium
unit or apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has been
placed on supervision for a sex offense. The provisions of this
subsection (o) do not apply to a person convicted of a sex
offense who is placed in a Department of Corrections licensed
transitional housing facility for sex offenders.
(p) An offender placed on supervision for an offense
committed on or after June 1, 2008 (the effective date of
Public Act 95-464) that would qualify the accused as a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 shall refrain from communicating with or
contacting, by means of the Internet, a person who is not
related to the accused and whom the accused reasonably believes
to be under 18 years of age. For purposes of this subsection
(p), "Internet" has the meaning ascribed to it in Section
16-0.1 of the Criminal Code of 1961; and a person is not
related to the accused if the person is not: (i) the spouse,
brother, or sister of the accused; (ii) a descendant of the
accused; (iii) a first or second cousin of the accused; or (iv)
a step-child or adopted child of the accused.

(q) An offender placed on supervision for an offense
committed on or after June 1, 2008 (the effective date of
Public Act 95-464) that would qualify the accused as a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 shall, if so ordered by the court,
refrain from communicating with or contacting, by means of the
Internet, a person who is related to the accused and whom the
accused reasonably believes to be under 18 years of age. For
purposes of this subsection (q), "Internet" has the meaning
ascribed to it in Section 16-0.1 of the Criminal Code of 1961;
and a person is related to the accused if the person is: (i)
the spouse, brother, or sister of the accused; (ii) a
descendant of the accused; (iii) a first or second cousin of
the accused; or (iv) a step-child or adopted child of the
accused.
(r) An offender placed on supervision for an offense under
Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
11-21 of the Criminal Code of 1961, or any attempt to commit
any of these offenses, committed on or after the effective date
of this amendatory Act of the 95th General Assembly shall:
(i) not access or use a computer or any other device
with Internet capability without the prior written
approval of the court, except in connection with the
offender's employment or search for employment with the
prior approval of the court;

(ii) submit to periodic unannounced examinations of
the offender's computer or any other device with Internet
capability by the offender's probation officer, a law
enforcement officer, or assigned computer or information
technology specialist, including the retrieval and copying
of all data from the computer or device and any internal or
external peripherals and removal of such information,
equipment, or device to conduct a more thorough inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a computer or
any other device with Internet capability imposed by the
court.
(s) An offender placed on supervision for an offense that
is a sex offense as defined in Section 2 of the Sex Offender
Registration Act that is committed on or after January 1, 2010
(the effective date of Public Act 96-362) that requires the
person to register as a sex offender under that Act, may not
knowingly use any computer scrub software on any computer that
the sex offender uses.
(t) An offender placed on supervision for a sex offense as
defined in the Sex Offender Registration Act committed on or
after January 1, 2010 (the effective date of Public Act 96-262)

shall refrain from accessing or using a social networking
website as defined in Section 17-0.5 of the Criminal Code of
1961.
(u) Jurisdiction over an offender may be transferred from
the sentencing court to the court of another circuit with the
concurrence of both courts. Further transfers or retransfers of
jurisdiction are also authorized in the same manner. The court
to which jurisdiction has been transferred shall have the same
powers as the sentencing court. The probation department within
the circuit to which jurisdiction has been transferred may
impose probation fees upon receiving the transferred offender,
as provided in subsection (i). The probation department from
the original sentencing court shall retain all probation fees
collected prior to the transfer.
(Source: P.A. 96-262, eff. 1-1-10; 96-362, eff. 1-1-10; 96-409,
eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11;
96-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551, Article
10, Section 10-150, eff. 7-1-11; 97-454, eff. 1-1-12; 97-597,
eff. 1-1-12; revised 9-14-11.)
(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, 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 subsection (b) or (b-5) of Section 9-1 of the
Criminal Code of 1961 are present, the court may
sentence the defendant to a term of natural life
imprisonment, or
(c) the court shall sentence the defendant to a
term of natural life imprisonment when the death
penalty is not imposed if the defendant,
(i) has previously been convicted of first
degree murder under any state or federal law, or
(ii) is a person who, at the time of the
commission of the murder, had attained the age of
17 or more and is found guilty of murdering an
individual under 12 years of age; or, irrespective
of the defendant's age at the time of the
commission of the offense, 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
(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) is a person who, at the time of the
commission of the murder, had not attained the age
of 17, and is found guilty of murdering a person
under 12 years of age and the murder is committed
during the course of aggravated criminal sexual
assault, criminal sexual assault, or aggravated
kidnaping, or
(vii) is found guilty of first degree murder
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 1961.
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.
(2) (blank);
(2.5) for a person 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, 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 a Class X felony 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 the effective date
of this amendatory Act of the 94th General Assembly and
except for the offense of aggravated child pornography
under Section 11-20.1B or 11-20.3 of the Criminal Code of
1961, if committed on or after January 1, 2009, 3 years;
(2) for a Class 1 felony or a Class 2 felony except for
the offense of criminal sexual assault if committed on or
after the effective date of this amendatory Act of the 94th
General Assembly 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, if committed on or after January 1, 2009, 2 years;
(3) for a Class 3 felony or a Class 4 felony, 1 year;
(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 the

effective date of this amendatory Act of the 94th General
Assembly, or who commit the offense of aggravated child
pornography, manufacture of child pornography, or
dissemination of child pornography after January 1, 2009,
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 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.
(e) (Blank).
(f) (Blank).
(Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10;
96-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff.
7-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; revised
9-14-11.)
(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
Sec. 5-8-4. Concurrent and consecutive terms of
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
of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision

(b)(5) or (b)(6) of Section 17-2 of that Code (720 ILCS
5/17-2) and the offense was committed in attempting or
committing a forcible felony.
(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
Section 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), or 11-1.40 or 12-14.1 (predatory criminal
sexual assault of a child) of the Criminal Code of 1961
(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).
(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 accident 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
homicide under Section 9-3 of the Criminal Code of 1961
(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 (concealment of homicidal death) or Section
12-20.5 (dismembering a human body) of the Criminal Code of
1961 (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.

(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. If, however, the defendant is
sentenced to punishment by death, the sentence shall be
executed at such time as the court may fix without regard
to the sentence under which the defendant may be held by
the Department.
(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) 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 shall be served consecutively regardless of
the order in which the judgments of conviction are entered.
(8.5) 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 shall 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.
(9) If a person admitted to bail following conviction
of a felony commits a separate felony while free on bond 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 felony shall
be consecutive to that of the original sentence for which
the defendant was on bond or detained.
(10) If a person is found to be in possession of an
item of contraband, as defined in clause (c)(2) of Section
31A-1.1 of the Criminal Code of 1961, while serving a
sentence in a county jail or while in pre-trial detention
in a county jail, the sentence imposed upon conviction for
the offense of possessing contraband in a penal institution
shall be served consecutively to the sentence imposed for
the offense in which the person is serving sentence in the
county jail or serving pretrial detention, regardless of
the order in which the judgments of conviction are entered.
(11) If a person is sentenced for a violation of bail
bond under Section 32-10 of the Criminal Code of 1961, any
sentence imposed for that violation shall be served
consecutive to the sentence imposed for the charge for
which bail had been granted and with respect to which the
defendant has been convicted.
(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
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
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).
(Source: P.A. 96-190, eff. 1-1-10; 96-1000, eff. 7-2-10;
96-1200, eff. 7-22-10; 96-1551, Article 1, Section 970, eff.
7-1-11; 96-1551, Article 2, Section 1065, eff. 7-1-11; 96-1551,
Article 10, Section 10-150, eff. 7-1-11; 97-475, eff. 8-22-11;
revised 9-14-11.)
(730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7)
Sec. 5-9-1.7. Sexual assault fines.
(a) Definitions. The terms used in this Section shall have
the following meanings ascribed to them:
(1) "Sexual assault" means the commission or attempted
commission of the following: sexual exploitation of a

child, criminal sexual assault, predatory criminal sexual
assault of a child, aggravated criminal sexual assault,
criminal sexual abuse, aggravated criminal sexual abuse,
indecent solicitation of a child, public indecency, sexual
relations within families, promoting juvenile
prostitution, soliciting for a juvenile prostitute,
keeping a place of juvenile prostitution, patronizing a
juvenile prostitute, juvenile pimping, exploitation of a
child, obscenity, child pornography, aggravated child
pornography, harmful material, or ritualized abuse of a
child, as those offenses are defined in the Criminal Code
of 1961.
(2) "Family member" shall have the meaning ascribed to
it in Section 11-0.1 12-12 of the Criminal Code of 1961.
(3) "Sexual assault organization" means any
not-for-profit organization providing comprehensive,
community-based services to victims of sexual assault.
"Community-based services" include, but are not limited
to, direct crisis intervention through a 24-hour response,
medical and legal advocacy, counseling, information and
referral services, training, and community education.
(b) Sexual assault fine; collection by clerk.
(1) In addition to any other penalty imposed, a fine of
$200 shall be imposed upon any person who pleads guilty or
who is convicted of, or who receives a disposition of court
supervision for, a sexual assault or attempt of a sexual

assault. Upon request of the victim or the victim's
representative, the court shall determine whether the fine
will impose an undue burden on the victim of the offense.
For purposes of this paragraph, the defendant may not be
considered the victim's representative. If the court finds
that the fine would impose an undue burden on the victim,
the court may reduce or waive the fine. The court shall
order that the defendant may not use funds belonging solely
to the victim of the offense for payment of the fine.
(2) Sexual assault fines shall be assessed by the court
imposing the sentence and shall be collected by the circuit
clerk. The circuit clerk shall retain 10% of the penalty to
cover the costs involved in administering and enforcing
this Section. The circuit clerk shall remit the remainder
of each fine within one month of its receipt to the State
Treasurer for deposit as follows:
(i) for family member offenders, one-half to the
Sexual Assault Services Fund, and one-half to the
Domestic Violence Shelter and Service Fund; and
(ii) for other than family member offenders, the
full amount to the Sexual Assault Services Fund.
(c) Sexual Assault Services Fund; administration. There is
created a Sexual Assault Services Fund. Moneys deposited into
the Fund under this Section shall be appropriated to the
Department of Public Health. Upon appropriation of moneys from
the Sexual Assault Services Fund, the Department of Public

Health shall make grants of these moneys from the Fund to
sexual assault organizations with whom the Department has
contracts for the purpose of providing community-based
services to victims of sexual assault. Grants made under this
Section are in addition to, and are not substitutes for, other
grants authorized and made by the Department.
(Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11;
revised 10-12-11.)
Section 15-70. The Sex Offender Registration Act is amended
by changing Sections 2 and 3 as follows:
(730 ILCS 150/2) (from Ch. 38, par. 222)
Sec. 2. Definitions.
(A) As used in this Article, "sex offender" means any
person who is:
(1) charged pursuant to Illinois law, or any
substantially similar federal, Uniform Code of Military
Justice, sister state, or foreign country law, with a sex
offense set forth in subsection (B) of this Section or the
attempt to commit an included sex offense, and:
(a) is convicted of such offense or an attempt to
commit such offense; or
(b) is found not guilty by reason of insanity of
such offense or an attempt to commit such offense; or
(c) is found not guilty by reason of insanity

pursuant to Section 104-25(c) of the Code of Criminal
Procedure of 1963 of such offense or an attempt to
commit such offense; or
(d) is the subject of a finding not resulting in an
acquittal at a hearing conducted pursuant to Section
104-25(a) of the Code of Criminal Procedure of 1963 for
the alleged commission or attempted commission of such
offense; or
(e) is found not guilty by reason of insanity
following a hearing conducted pursuant to a federal,
Uniform Code of Military Justice, sister state, or
foreign country law substantially similar to Section
104-25(c) of the Code of Criminal Procedure of 1963 of
such offense or of the attempted commission of such
offense; or
(f) is the subject of a finding not resulting in an
acquittal at a hearing conducted pursuant to a federal,
Uniform Code of Military Justice, sister state, or
foreign country law substantially similar to Section
104-25(a) of the Code of Criminal Procedure of 1963 for
the alleged violation or attempted commission of such
offense; or
(2) certified 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 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:
11-20.1 (child pornography),
11-20.1B or 11-20.3 (aggravated child
pornography),
11-6 (indecent solicitation of a child),
11-9.1 (sexual exploitation of a child),
11-9.2 (custodial sexual misconduct),
11-9.5 (sexual misconduct with a person with a
disability),
11-14.4 (promoting juvenile prostitution),
11-15.1 (soliciting for a juvenile prostitute),
11-18.1 (patronizing a juvenile prostitute),
11-17.1 (keeping a place of juvenile
prostitution),
11-19.1 (juvenile pimping),
11-19.2 (exploitation of a child),
11-25 (grooming),
11-26 (traveling to meet a minor),
11-1.20 or 12-13 (criminal sexual assault),
11-1.30 or 12-14 (aggravated criminal sexual
assault),
11-1.40 or 12-14.1 (predatory criminal sexual
assault of a child),

11-1.50 or 12-15 (criminal sexual abuse),
11-1.60 or 12-16 (aggravated criminal sexual
abuse),
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, when the victim is a person
under 18 years of age, the defendant is not a parent of the
victim, the offense was sexually motivated as defined in
Section 10 of the Sex Offender Management Board Act, and
the offense was committed on or after January 1, 1996:
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, 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, 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 1961
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 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
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 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 (permitting sexual abuse) when the
offense was committed on or after August 22, 2002. If the
offense was committed before August 22, 2002, it is a sex
offense requiring registration only when the person is
convicted of any felony after July 1, 2011, and paragraph
(2.1) of subsection (c) of Section 3 of this Act applies.
(2) A violation of any former law of this State
substantially equivalent to any offense listed in
subsection (B) of this Section.
(C) A conviction for an offense of federal law, Uniform
Code of Military Justice, or the law of another state or a
foreign country that is substantially equivalent to any offense
listed in subsections (B), (C), (E), and (E-5) of this Section
shall constitute a conviction for the purpose of this Article.
A finding or adjudication as a sexually dangerous person or a
sexually violent person under any federal law, Uniform Code of
Military Justice, or the law of another state or foreign
country that is substantially equivalent to the Sexually
Dangerous Persons Act or the Sexually Violent Persons
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, against
a person under 18 years of age, shall be required to register
for natural life. A conviction for an offense of federal,
Uniform Code of Military Justice, sister state, or foreign
country law that is substantially equivalent to any offense
listed in subsection (C-5) of this Section shall constitute a
conviction for the purpose of this Article. This subsection
(C-5) applies to a person who committed the offense before June
1, 1996 if: (i) the person is incarcerated in an Illinois
Department of Corrections facility on August 20, 2004 (the
effective date of Public Act 93-977), or (ii) subparagraph (i)
does not apply and the person is convicted of any felony after
July 1, 2011, and paragraph (2.1) of subsection (c) of Section
3 of this Act applies.
(C-6) A person who is convicted or adjudicated delinquent
of first degree murder as defined in Section 9-1 of the
Criminal Code of 1961, 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) this amendatory Act of the 97th General Assembly.
(D) As used in this Article, "law enforcement agency having
jurisdiction" means the Chief of Police in each of the
municipalities in which the sex offender expects to reside,
work, or attend school (1) upon his or her discharge, parole or
release or (2) during the service of his or her sentence of
probation or conditional discharge, or the Sheriff of the
county, in the event no Police Chief exists or if the offender
intends to reside, work, or attend school in an unincorporated
area. "Law enforcement agency having jurisdiction" includes
the location where out-of-state students attend school and
where out-of-state employees are employed or are otherwise
required to register.
(D-1) As used in this Article, "supervising officer" means
the assigned Illinois Department of Corrections parole agent or
county probation officer.
(E) As used in this Article, "sexual predator" means any
person who, after July 1, 1999, is:
(1) Convicted for an offense of federal, Uniform Code
of Military Justice, sister state, or foreign country law
that is substantially equivalent to any offense listed in
subsection (E) or (E-5) of this Section shall constitute a
conviction for the purpose of this Article. Convicted of a
violation or attempted violation of any of the following
Sections of the Criminal Code of 1961:
11-14.4 that involves keeping a place of juvenile

prostitution, or 11-17.1 (keeping a place of juvenile
prostitution),
subdivision (a)(2) or (a)(3) of Section 11-14.4,
or Section 11-19.1 (juvenile pimping),
subdivision (a)(4) of Section 11-14.4, or Section
11-19.2 (exploitation of a child),
11-20.1 (child pornography),
11-20.1B or 11-20.3 (aggravated child
pornography),
11-1.20 or 12-13 (criminal sexual assault),
11-1.30 or 12-14 (aggravated criminal sexual
assault),
11-1.40 or 12-14.1 (predatory criminal sexual
assault of a child),
11-1.60 or 12-16 (aggravated criminal sexual
abuse),
12-33 (ritualized abuse of a child);
(2) (blank);
(3) certified 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 conviction
under any substantially similar Illinois, federal, Uniform
Code of Military Justice, sister state, or foreign country
law;
(6) convicted of a second or subsequent offense of
luring a minor under Section 10-5.1 of the Criminal Code of
1961; 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:
(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
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
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. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11;
96-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12;
revised 9-27-11.)

(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 Department of State
Police. 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, 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, or
11-21 of the Criminal Code of 1961 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 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, 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 the Chicago Police Department Headquarters; 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
institution of higher education, unless the
municipality is the City of Chicago, in which case he
or she shall register at the Chicago Police Department
Headquarters; 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
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 Department of 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 Department of 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, or 11-21 of the
Criminal Code of 1961 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
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 the Chicago
Police Department Headquarters; 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
provide accurate information as required by the Department of
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, or
11-21 of the Criminal Code of 1961, 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.

(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 registration

requirement, and the Department of 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. The fees shall be used
by the registering agency for official purposes. The agency
shall establish procedures to document receipt and use of
the funds. The law enforcement agency having jurisdiction
may waive the registration fee if it determines that the
person is indigent and unable to pay the registration fee.
Thirty dollars for the initial registration fee and $30 of
the annual renewal fee shall be used by the registering
agency for official purposes. Ten dollars of the initial

registration fee and $10 of the annual fee shall be
deposited 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 to fund practices endorsed or required by the
Sex Offender Management Board Act including but not limited
to sex offenders evaluation, treatment, or monitoring
programs that are or may be developed, as well as for
administrative costs, including staff, incurred by the
Board. Thirty dollars of the initial registration fee and
$30 of the annual renewal fee shall be deposited into the
Sex Offender Registration Fund and shall be used by the
Department of State Police to maintain and update the
Illinois State Police Sex Offender Registry. Thirty
dollars of the initial registration fee and $30 of the
annual renewal fee shall be deposited 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 providers of their legal duties concerning the
prosecution and investigation of sex offenses.
(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. 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11;
96-1097, eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff.
1-1-11; 96-1551, eff. 7-1-11; 97-155, eff 1-1-12; 97-333, eff.
8-12-11; 97-578, eff. 1-1-12; revised 9-15-11.)
Section 15-75. The Secure Residential Youth Care Facility
Licensing Act is amended by changing Section 45-30 as follows:
(730 ILCS 175/45-30)
Sec. 45-30. License or employment eligibility.
(a) No applicant may receive a license from the Department
and no person may be employed by a licensed facility who
refuses to authorize an investigation as required by Section
45-25.
(b) No applicant may receive a license from the Department
and no person may be employed by a secure residential youth
care facility licensed by the Department who has been declared
a sexually dangerous person under the Sexually Dangerous
Persons Act or convicted of committing or attempting to commit

any of the following offenses under the Criminal Code of 1961:
(1) First degree murder.
(2) A sex offense under Article 11, except offenses
described in Sections 11-7, 11-8, 11-12, 11-13, 11-18,
11-35, 11-40, and 11-45.
(3) Kidnapping.
(4) Aggravated kidnapping.
(5) Child abduction.
(6) Aggravated battery of a child as described in
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05.
(7) Criminal sexual assault.
(8) Aggravated criminal sexual assault.
(8.1) Predatory criminal sexual assault of a child.
(9) Criminal sexual abuse.
(10) Aggravated criminal sexual abuse.
(11) A federal offense or an offense in any other state
the elements of which are similar to any of the foregoing
offenses.
(Source: P.A. 96-1551, Article 1, Section 975, eff. 7-1-11;
96-1551, Article 2, Section 1080, eff. 7-1-11; revised
9-30-11.)
Section 15-80. The Crime Victims Compensation Act is
amended by changing Section 2 as follows:
(740 ILCS 45/2) (from Ch. 70, par. 72)

Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Applicant" means any person who applies for
compensation under this Act or any person the Court of Claims
finds is entitled to compensation, including the guardian of a
minor or of a person under legal disability. It includes any
person who was a dependent of a deceased victim of a crime of
violence for his or her support at the time of the death of
that victim.
(b) "Court of Claims" means the Court of Claims created by
the Court of Claims Act.
(c) "Crime of violence" means and includes any offense
defined in Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-1.20,
11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-11, 11-19.2, 11-20.1,
11-20.1B, 11-20.3, 12-1, 12-2, 12-3, 12-3.2, 12-3.3, 12-3.4,
12-4, 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or
20-1.1, or Section 12-3.05 except for subdivision (a)(4) or
(g)(1),, or subdivision (a)(4) of Section 11-14.4, of the
Criminal Code of 1961, Sections 1(a) and 1(a-5) of the Cemetery
Protection Act, driving under the influence of intoxicating
liquor or narcotic drugs as defined in Section 11-501 of the
Illinois Vehicle Code, and a violation of Section 11-401 of the
Illinois Vehicle Code, provided the victim was a pedestrian or
was operating a vehicle moved solely by human power or a
mobility device at the time of contact; so long as the offense

did not occur during a civil riot, insurrection or rebellion.
"Crime of violence" does not include any other offense or
accident involving a motor vehicle except those vehicle
offenses specifically provided for in this paragraph. "Crime of
violence" does include all of the offenses specifically
provided for in this paragraph that occur within this State but
are subject to federal jurisdiction and crimes involving
terrorism as defined in 18 U.S.C. 2331.
(d) "Victim" means (1) a person killed or injured in this
State as a result of a crime of violence perpetrated or
attempted against him or her, (2) the parent of a person killed
or injured in this State as a result of a crime of violence
perpetrated or attempted against the person, (3) a person
killed or injured in this State while attempting to assist a
person against whom a crime of violence is being perpetrated or
attempted, if that attempt of assistance would be expected of a
reasonable person under the circumstances, (4) a person killed
or injured in this State while assisting a law enforcement
official apprehend a person who has perpetrated a crime of
violence or prevent the perpetration of any such crime if that
assistance was in response to the express request of the law
enforcement official, (5) a person who personally witnessed a
violent crime, (5.1) solely for the purpose of compensating for
pecuniary loss incurred for psychological treatment of a mental
or emotional condition caused or aggravated by the crime, any
other person under the age of 18 who is the brother, sister,

half brother, half sister, child, or stepchild of a person
killed or injured in this State as a result of a crime of
violence, (6) an Illinois resident who is a victim of a "crime
of violence" as defined in this Act except, if the crime
occurred outside this State, the resident has the same rights
under this Act as if the crime had occurred in this State upon
a showing that the state, territory, country, or political
subdivision of a country in which the crime occurred does not
have a compensation of victims of crimes law for which that
Illinois resident is eligible, (7) a deceased person whose body
is dismembered or whose remains are desecrated as the result of
a crime of violence, or (8) solely for the purpose of
compensating for pecuniary loss incurred for psychological
treatment of a mental or emotional condition caused or
aggravated by the crime, any parent, spouse, or child under the
age of 18 of a deceased person whose body is dismembered or
whose remains are desecrated as the result of a crime of
violence.
(e) "Dependent" means a relative of a deceased victim who
was wholly or partially dependent upon the victim's income at
the time of his or her death and shall include the child of a
victim born after his or her death.
(f) "Relative" means a spouse, parent, grandparent,
stepfather, stepmother, child, grandchild, brother,
brother-in-law, sister, sister-in-law, half brother, half
sister, spouse's parent, nephew, niece, uncle or aunt.

(g) "Child" means an unmarried son or daughter who is under
18 years of age and includes a stepchild, an adopted child or a
child born out of wedlock.
(h) "Pecuniary loss" means, in the case of injury,
appropriate medical expenses and hospital expenses including
expenses of medical examinations, rehabilitation, medically
required nursing care expenses, appropriate psychiatric care
or psychiatric counseling expenses, expenses for care or
counseling by a licensed clinical psychologist, licensed
clinical social worker, or licensed clinical professional
counselor and expenses for treatment by Christian Science
practitioners and nursing care appropriate thereto;
transportation expenses to and from medical and treatment
facilities; prosthetic appliances, eyeglasses, and hearing
aids necessary or damaged as a result of the crime; replacement
costs for clothing and bedding used as evidence; costs
associated with temporary lodging or relocation necessary as a
result of the crime, including, but not limited to, the first
month's rent and security deposit of the dwelling that the
claimant relocated to and other reasonable relocation expenses
incurred as a result of the violent crime; locks or windows
necessary or damaged as a result of the crime; the purchase,
lease, or rental of equipment necessary to create usability of
and accessibility to the victim's real and personal property,
or the real and personal property which is used by the victim,
necessary as a result of the crime; the costs of appropriate

crime scene clean-up; replacement services loss, to a maximum
of $1000 per month; dependents replacement services loss, to a
maximum of $1000 per month; loss of tuition paid to attend
grammar school or high school when the victim had been enrolled
as a student prior to the injury, or college or graduate school
when the victim had been enrolled as a day or night student
prior to the injury when the victim becomes unable to continue
attendance at school as a result of the crime of violence
perpetrated against him or her; loss of earnings, loss of
future earnings because of disability resulting from the
injury, and, in addition, in the case of death, expenses for
funeral, burial, and travel and transport for survivors of
homicide victims to secure bodies of deceased victims and to
transport bodies for burial all of which may not exceed a
maximum of $5,000 and loss of support of the dependents of the
victim; in the case of dismemberment or desecration of a body,
expenses for funeral and burial, all of which may not exceed a
maximum of $5,000. Loss of future earnings shall be reduced by
any income from substitute work actually performed by the
victim or by income he or she would have earned in available
appropriate substitute work he or she was capable of performing
but unreasonably failed to undertake. Loss of earnings, loss of
future earnings and loss of support shall be determined on the
basis of the victim's average net monthly earnings for the 6
months immediately preceding the date of the injury or on $1000
per month, whichever is less. If a divorced or legally

separated applicant is claiming loss of support for a minor
child of the deceased, the amount of support for each child
shall be based either on the amount of support pursuant to the
judgment prior to the date of the deceased victim's injury or
death, or, if the subject of pending litigation filed by or on
behalf of the divorced or legally separated applicant prior to
the injury or death, on the result of that litigation. Real and
personal property includes, but is not limited to, vehicles,
houses, apartments, town houses, or condominiums. Pecuniary
loss does not include pain and suffering or property loss or
damage.
(i) "Replacement services loss" means expenses reasonably
incurred in obtaining ordinary and necessary services in lieu
of those the injured person would have performed, not for
income, but for the benefit of himself or herself or his or her
family, if he or she had not been injured.
(j) "Dependents replacement services loss" means loss
reasonably incurred by dependents or private legal guardians of
minor dependents after a victim's death in obtaining ordinary
and necessary services in lieu of those the victim would have
performed, not for income, but for their benefit, if he or she
had not been fatally injured.
(k) "Survivor" means immediate family including a parent,
step-father, step-mother, child, brother, sister, or spouse.
(Source: P.A. 96-267, eff. 8-11-09; 96-863, eff. 3-1-10;
96-1551, Article 1, Section 980, eff. 7-1-11; 96-1551, Article

2, Section 1090, eff. 7-1-11; revised 9-30-11.)
Section 15-85. The Predator Accountability Act is amended
by changing Section 10 as follows:
(740 ILCS 128/10)
Sec. 10. Definitions. As used in this Act:
"Sex trade" means any act, which if proven beyond a
reasonable doubt could support a conviction for a violation or
attempted violation of any of the following Sections of the
Criminal Code of 1961: 11-14.3 (promoting prostitution);
11-14.4 (promoting juvenile prostitution); 11-15 (soliciting
for a prostitute); 11-15.1 (soliciting for a juvenile
prostitute); 11-16 (pandering); 11-17 (keeping a place of
prostitution); 11-17.1 (keeping a place of juvenile
prostitution); 11-19 (pimping); 11-19.1 (juvenile pimping and
aggravated juvenile pimping); 11-19.2 (exploitation of a
child); 11-20 (obscenity); 11-20.1 (child pornography); or
11-20.1B or 11-20.3 (aggravated child pornography); or Section
10-9 of the Criminal Code of 1961 (trafficking of persons and
involuntary servitude).
"Sex trade" activity may involve adults and youth of all
genders and sexual orientations.
"Victim of the sex trade" means, for the following sex
trade acts, the person or persons indicated:
(1) soliciting for a prostitute: the prostitute who is

the object of the solicitation;
(2) soliciting for a juvenile prostitute: the juvenile
prostitute, or severely or profoundly intellectually
disabled person, who is the object of the solicitation;
(3) promoting prostitution as described in subdivision
(a)(2)(A) or (a)(2)(B) of Section 11-14.3 of the Criminal
Code of 1961, or pandering: the person intended or
compelled to act as a prostitute;
(4) keeping a place of prostitution: any person
intended or compelled to act as a prostitute, while present
at the place, during the time period in question;
(5) keeping a place of juvenile prostitution: any
juvenile intended or compelled to act as a prostitute,
while present at the place, during the time period in
question;
(6) promoting prostitution as described in subdivision
(a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961,
or pimping: the prostitute from whom anything of value is
received;
(7) promoting juvenile prostitution as described in
subdivision (a)(2) or (a)(3) of Section 11-14.4 of the
Criminal Code of 1961, or juvenile pimping and aggravated
juvenile pimping: the juvenile, or severely or profoundly
intellectually disabled person, from whom anything of
value is received for that person's act of prostitution;
(8) promoting juvenile prostitution as described in

subdivision (a)(4) of Section 11-14.4 of the Criminal Code
of 1961, or exploitation of a child: the juvenile, or
severely or profoundly intellectually disabled person,
intended or compelled to act as a prostitute or from whom
anything of value is received for that person's act of
prostitution;
(9) obscenity: any person who appears in or is
described or depicted in the offending conduct or material;
(10) child pornography or aggravated child
pornography: any child, or severely or profoundly
intellectually disabled person, who appears in or is
described or depicted in the offending conduct or material;
or
(11) trafficking of persons or involuntary servitude:
a "trafficking victim" as defined in Section 10-9 of the
Criminal Code of 1961.
(Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11;
97-227, eff. 1-1-12; revised 9-15-11.)
Section 15-90. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 503 as follows:
(750 ILCS 5/503) (from Ch. 40, par. 503)
Sec. 503. Disposition of property.
(a) For purposes of this Act, "marital property" means all
property acquired by either spouse subsequent to the marriage,

except the following, which is known as "non-marital property":
(1) property acquired by gift, legacy or descent;
(2) property acquired in exchange for property
acquired before the marriage or in exchange for property
acquired by gift, legacy or descent;
(3) property acquired by a spouse after a judgment of
legal separation;
(4) property excluded by valid agreement of the
parties;
(5) any judgment or property obtained by judgment
awarded to a spouse from the other spouse;
(6) property acquired before the marriage;
(7) the increase in value of property acquired by a
method listed in paragraphs (1) through (6) of this
subsection, irrespective of whether the increase results
from a contribution of marital property, non-marital
property, the personal effort of a spouse, or otherwise,
subject to the right of reimbursement provided in
subsection (c) of this Section; and
(8) income from property acquired by a method listed in
paragraphs (1) through (7) of this subsection if the income
is not attributable to the personal effort of a spouse.
(b)(1) For purposes of distribution of property pursuant to
this Section, all property acquired by either spouse after the
marriage and before a judgment of dissolution of marriage or
declaration of invalidity of marriage, including non-marital

property transferred into some form of co-ownership between the
spouses, is presumed to be marital property, regardless of
whether title is held individually or by the spouses in some
form of co-ownership such as joint tenancy, tenancy in common,
tenancy by the entirety, or community property. The presumption
of marital property is overcome by a showing that the property
was acquired by a method listed in subsection (a) of this
Section.
(2) For purposes of distribution of property pursuant to
this Section, all pension benefits (including pension benefits
under the Illinois Pension Code) acquired by either spouse
after the marriage and before a judgment of dissolution of
marriage or declaration of invalidity of the marriage are
presumed to be marital property, regardless of which spouse
participates in the pension plan. The presumption that these
pension benefits are marital property is overcome by a showing
that the pension benefits were acquired by a method listed in
subsection (a) of this Section. The right to a division of
pension benefits in just proportions under this Section is
enforceable under Section 1-119 of the Illinois Pension Code.
The value of pension benefits in a retirement system
subject to the Illinois Pension Code shall be determined in
accordance with the valuation procedures established by the
retirement system.
The recognition of pension benefits as marital property and
the division of those benefits pursuant to a Qualified Illinois

Domestic Relations Order shall not be deemed to be a
diminishment, alienation, or impairment of those benefits. The
division of pension benefits is an allocation of property in
which each spouse has a species of common ownership.
(3) For purposes of distribution of property under this
Section, all stock options granted to either spouse after the
marriage and before a judgment of dissolution of marriage or
declaration of invalidity of marriage, whether vested or
non-vested or whether their value is ascertainable, are
presumed to be marital property. This presumption of marital
property is overcome by a showing that the stock options were
acquired by a method listed in subsection (a) of this Section.
The court shall allocate stock options between the parties at
the time of the judgment of dissolution of marriage or
declaration of invalidity of marriage recognizing that the
value of the stock options may not be then determinable and
that the actual division of the options may not occur until a
future date. In making the allocation between the parties, the
court shall consider, in addition to the factors set forth in
subsection (d) of this Section, the following:
(i) All circumstances underlying the grant of the stock
option including but not limited to whether the grant was
for past, present, or future efforts, or any combination
thereof.
(ii) The length of time from the grant of the option to
the time the option is exercisable.

(b-5) As to any policy of life insurance insuring the life
of either spouse, or any interest in such policy, that
constitutes marital property, whether whole life, term life,
group term life, universal life, or other form of life
insurance policy, and whether or not the value is
ascertainable, the court shall allocate ownership, death
benefits or the right to assign death benefits, and the
obligation for premium payments, if any, equitably between the
parties at the time of the judgment for dissolution or
declaration of invalidity of marriage.
(c) Commingled marital and non-marital property shall be
treated in the following manner, unless otherwise agreed by the
spouses:
(1) When marital and non-marital property are
commingled by contributing one estate of property into
another resulting in a loss of identity of the contributed
property, the classification of the contributed property
is transmuted to the estate receiving the contribution,
subject to the provisions of paragraph (2) of this
subsection; provided that if marital and non-marital
property are commingled into newly acquired property
resulting in a loss of identity of the contributing
estates, the commingled property shall be deemed
transmuted to marital property, subject to the provisions
of paragraph (2) of this subsection.
(2) When one estate of property makes a contribution to

another estate of property, or when a spouse contributes
personal effort to non-marital property, the contributing
estate shall be reimbursed from the estate receiving the
contribution notwithstanding any transmutation; provided,
that no such reimbursement shall be made with respect to a
contribution which is not retraceable by clear and
convincing evidence, or was a gift, or, in the case of a
contribution of personal effort of a spouse to non-marital
property, unless the effort is significant and results in
substantial appreciation of the non-marital property.
Personal effort of a spouse shall be deemed a contribution
by the marital estate. The court may provide for
reimbursement out of the marital property to be divided or
by imposing a lien against the non-marital property which
received the contribution.
(d) In a proceeding for dissolution of marriage or
declaration of invalidity of marriage, or in a proceeding for
disposition of property following dissolution of marriage by a
court which lacked personal jurisdiction over the absent spouse
or lacked jurisdiction to dispose of the property, the court
shall assign each spouse's non-marital property to that spouse.
It also shall divide the marital property without regard to
marital misconduct in just proportions considering all
relevant factors, including:
(1) the contribution of each party to the acquisition,
preservation, or increase or decrease in value of the

marital or non-marital property, including (i) any such
decrease attributable to a payment deemed to have been an
advance from the parties' marital estate under subsection
(c-1)(2) of Section 501 and (ii) the contribution of a
spouse as a homemaker or to the family unit;
(2) the dissipation by each party of the marital or
non-marital property;
(3) the value of the property assigned to each spouse;
(4) the duration of the marriage;
(5) the relevant economic circumstances of each spouse
when the division of property is to become effective,
including the desirability of awarding the family home, or
the right to live therein for reasonable periods, to the
spouse having custody of the children;
(6) any obligations and rights arising from a prior
marriage of either party;
(7) any antenuptial agreement of the parties;
(8) the age, health, station, occupation, amount and
sources of income, vocational skills, employability,
estate, liabilities, and needs of each of the parties;
(9) the custodial provisions for any children;
(10) whether the apportionment is in lieu of or in
addition to maintenance;
(11) the reasonable opportunity of each spouse for
future acquisition of capital assets and income; and
(12) the tax consequences of the property division upon

the respective economic circumstances of the parties.
(e) Each spouse has a species of common ownership in the
marital property which vests at the time dissolution
proceedings are commenced and continues only during the
pendency of the action. Any such interest in marital property
shall not encumber that property so as to restrict its
transfer, assignment or conveyance by the title holder unless
such title holder is specifically enjoined from making such
transfer, assignment or conveyance.
(f) In a proceeding for dissolution of marriage or
declaration of invalidity of marriage or in a proceeding for
disposition of property following dissolution of marriage by a
court that lacked personal jurisdiction over the absent spouse
or lacked jurisdiction to dispose of the property, the court,
in determining the value of the marital and non-marital
property for purposes of dividing the property, shall value the
property as of the date of trial or some other date as close to
the date of trial as is practicable.
(g) The court if necessary to protect and promote the best
interests of the children may set aside a portion of the
jointly or separately held estates of the parties in a separate
fund or trust for the support, maintenance, education, physical
and mental health, and general welfare of any minor, dependent,
or incompetent child of the parties. In making a determination
under this subsection, the court may consider, among other
things, the conviction of a party of any of the offenses set

forth in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-13, 12-14, 12-14.1,
12-15, or 12-16, or Section 12-3.05 except for subdivision
(a)(4) or (g)(1), of the Criminal Code of 1961 if the victim is
a child of one or both of the parties, and there is a need for,
and cost of, care, healing and counseling for the child who is
the victim of the crime.
(h) Unless specifically directed by a reviewing court, or
upon good cause shown, the court shall not on remand consider
any increase or decrease in the value of any "marital" or
"non-marital" property occurring since the assessment of such
property at the original trial or hearing, but shall use only
that assessment made at the original trial or hearing.
(i) The court may make such judgments affecting the marital
property as may be just and may enforce such judgments by
ordering a sale of marital property, with proceeds therefrom to
be applied as determined by the court.
(j) After proofs have closed in the final hearing on all
other issues between the parties (or in conjunction with the
final hearing, if all parties so stipulate) and before judgment
is entered, a party's petition for contribution to fees and
costs incurred in the proceeding shall be heard and decided, in
accordance with the following provisions:
(1) A petition for contribution, if not filed before
the final hearing on other issues between the parties,
shall be filed no later than 30 days after the closing of

proofs in the final hearing or within such other period as
the court orders.
(2) Any award of contribution to one party from the
other party shall be based on the criteria for division of
marital property under this Section 503 and, if maintenance
has been awarded, on the criteria for an award of
maintenance under Section 504.
(3) The filing of a petition for contribution shall not
be deemed to constitute a waiver of the attorney-client
privilege between the petitioning party and current or
former counsel; and such a waiver shall not constitute a
prerequisite to a hearing for contribution. If either
party's presentation on contribution, however, includes
evidence within the scope of the attorney-client
privilege, the disclosure or disclosures shall be narrowly
construed and shall not be deemed by the court to
constitute a general waiver of the privilege as to matters
beyond the scope of the presentation.
(4) No finding on which a contribution award is based
or denied shall be asserted against counsel or former
counsel for purposes of any hearing under subsection (c) or
(e) of Section 508.
(5) A contribution award (payable to either the
petitioning party or the party's counsel, or jointly, as
the court determines) may be in the form of either a set
dollar amount or a percentage of fees and costs (or a

portion of fees and costs) to be subsequently agreed upon
by the petitioning party and counsel or, alternatively,
thereafter determined in a hearing pursuant to subsection
(c) of Section 508 or previously or thereafter determined
in an independent proceeding under subsection (e) of
Section 508.
(6) The changes to this Section 503 made by this
amendatory Act of 1996 apply to cases pending on or after
June 1, 1997, except as otherwise provided in Section 508.
(Source: P.A. 95-374, eff. 1-1-08; 96-583, eff. 1-1-10;
96-1551, Article 1, Section 985, eff. 7-1-11; 96-1551, Article
2, Section 1100, eff. 7-1-11; 97-608, eff. 1-1-12; revised
9-26-11.)
Section 15-95. The Adoption Act is amended by changing
Section 1 as follows:
(750 ILCS 50/1) (from Ch. 40, par. 1501)
Sec. 1. Definitions. When used in this Act, unless the
context otherwise requires:
A. "Child" means a person under legal age subject to
adoption under this Act.
B. "Related child" means a child subject to adoption where
either or both of the adopting parents stands in any of the
following relationships to the child by blood or marriage:
parent, grand-parent, brother, sister, step-parent,

step-grandparent, step-brother, step-sister, uncle, aunt,
great-uncle, great-aunt, or cousin of first degree. A child
whose parent has executed a final irrevocable consent to
adoption or a final irrevocable surrender for purposes of
adoption, or whose parent has had his or her parental rights
terminated, is not a related child to that person, unless the
consent is determined to be void or is void pursuant to
subsection O of Section 10.
C. "Agency" for the purpose of this Act means a public
child welfare agency or a licensed child welfare agency.
D. "Unfit person" means any person whom the court shall
find to be unfit to have a child, without regard to the
likelihood that the child will be placed for adoption. The
grounds of unfitness are any one or more of the following,
except that a person shall not be considered an unfit person
for the sole reason that the person has relinquished a child in
accordance with the Abandoned Newborn Infant Protection Act:
(a) Abandonment of the child.
(a-1) Abandonment of a newborn infant in a hospital.
(a-2) Abandonment of a newborn infant in any setting
where the evidence suggests that the parent intended to
relinquish his or her parental rights.
(b) Failure to maintain a reasonable degree of
interest, concern or responsibility as to the child's
welfare.
(c) Desertion of the child for more than 3 months next

preceding the commencement of the Adoption proceeding.
(d) Substantial neglect of the child if continuous or
repeated.
(d-1) Substantial neglect, if continuous or repeated,
of any child residing in the household which resulted in
the death of that child.
(e) Extreme or repeated cruelty to the child.
(f) There is a rebuttable presumption, which can be
overcome only by clear and convincing evidence, that a
parent is unfit if:
(1) Two or more findings of physical abuse have
been entered regarding any children under Section 2-21
of the Juvenile Court Act of 1987, the most recent of
which was determined by the juvenile court hearing the
matter to be supported by clear and convincing
evidence; or
(2) The parent has been convicted or found not
guilty by reason of insanity and the conviction or
finding resulted from the death of any child by
physical abuse; or
(3) There is a finding of physical child abuse
resulting from the death of any child under Section
2-21 of the Juvenile Court Act of 1987.
No conviction or finding of delinquency pursuant
to Article 5 of the Juvenile Court Act of 1987 shall be
considered a criminal conviction for the purpose of

applying any presumption under this item (f).
(g) Failure to protect the child from conditions within
his environment injurious to the child's welfare.
(h) Other neglect of, or misconduct toward the child;
provided that in making a finding of unfitness the court
hearing the adoption proceeding shall not be bound by any
previous finding, order or judgment affecting or
determining the rights of the parents toward the child
sought to be adopted in any other proceeding except such
proceedings terminating parental rights as shall be had
under either this Act, the Juvenile Court Act or the
Juvenile Court Act of 1987.
(i) Depravity. Conviction of any one of the following
crimes shall create a presumption that a parent is depraved
which can be overcome only by clear and convincing
evidence: (1) first degree murder in violation of paragraph
1 or 2 of subsection (a) of Section 9-1 of the Criminal
Code of 1961 or conviction of second degree murder in
violation of subsection (a) of Section 9-2 of the Criminal
Code of 1961 of a parent of the child to be adopted; (2)
first degree murder or second degree murder of any child in
violation of the Criminal Code of 1961; (3) attempt or
conspiracy to commit first degree murder or second degree
murder of any child in violation of the Criminal Code of
1961; (4) solicitation to commit murder of any child,
solicitation to commit murder of any child for hire, or

solicitation to commit second degree murder of any child in
violation of the Criminal Code of 1961; (5) predatory
criminal sexual assault of a child in violation of Section
11-1.40 or 12-14.1 of the Criminal Code of 1961; (6)
heinous battery of any child in violation of the Criminal
Code of 1961; or (7) aggravated battery of any child in
violation of the Criminal Code of 1961.
There is a rebuttable presumption that a parent is
depraved if the parent has been criminally convicted of at
least 3 felonies under the laws of this State or any other
state, or under federal law, or the criminal laws of any
United States territory; and at least one of these
convictions took place within 5 years of the filing of the
petition or motion seeking termination of parental rights.
There is a rebuttable presumption that a parent is
depraved if that parent has been criminally convicted of
either first or second degree murder of any person as
defined in the Criminal Code of 1961 within 10 years of the
filing date of the petition or motion to terminate parental
rights.
No conviction or finding of delinquency pursuant to
Article 5 of the Juvenile Court Act of 1987 shall be
considered a criminal conviction for the purpose of
applying any presumption under this item (i).
(j) Open and notorious adultery or fornication.
(j-1) (Blank).

(k) Habitual drunkenness or addiction to drugs, other
than those prescribed by a physician, for at least one year
immediately prior to the commencement of the unfitness
proceeding.
There is a rebuttable presumption that a parent is
unfit under this subsection with respect to any child to
which that parent gives birth where there is a confirmed
test result that at birth the child's blood, urine, or
meconium contained any amount of a controlled substance as
defined in subsection (f) of Section 102 of the Illinois
Controlled Substances Act or metabolites of such
substances, the presence of which in the newborn infant was
not the result of medical treatment administered to the
mother or the newborn infant; and the biological mother of
this child is the biological mother of at least one other
child who was adjudicated a neglected minor under
subsection (c) of Section 2-3 of the Juvenile Court Act of
1987.
(l) Failure to demonstrate a reasonable degree of
interest, concern or responsibility as to the welfare of a
new born child during the first 30 days after its birth.
(m) Failure by a parent (i) to make reasonable efforts
to correct the conditions that were the basis for the
removal of the child from the parent, or (ii) to make
reasonable progress toward the return of the child to the
parent within 9 months after an adjudication of neglected

or abused minor under Section 2-3 of the Juvenile Court Act
of 1987 or dependent minor under Section 2-4 of that Act,
or (iii) to make reasonable progress toward the return of
the child to the parent during any 9-month period after the
end of the initial 9-month period following the
adjudication of neglected or abused minor under Section 2-3
of the Juvenile Court Act of 1987 or dependent minor under
Section 2-4 of that Act. If a service plan has been
established as required under Section 8.2 of the Abused and
Neglected Child Reporting Act to correct the conditions
that were the basis for the removal of the child from the
parent and if those services were available, then, for
purposes of this Act, "failure to make reasonable progress
toward the return of the child to the parent" includes (I)
the parent's failure to substantially fulfill his or her
obligations under the service plan and correct the
conditions that brought the child into care within 9 months
after the adjudication under Section 2-3 or 2-4 of the
Juvenile Court Act of 1987 and (II) the parent's failure to
substantially fulfill his or her obligations under the
service plan and correct the conditions that brought the
child into care during any 9-month period after the end of
the initial 9-month period following the adjudication
under Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
Notwithstanding any other provision, when a petition or
motion seeks to terminate parental rights on the basis of

item (iii) of this subsection (m), the petitioner shall
file with the court and serve on the parties a pleading
that specifies the 9-month period or periods relied on. The
pleading shall be filed and served on the parties no later
than 3 weeks before the date set by the court for closure
of discovery, and the allegations in the pleading shall be
treated as incorporated into the petition or motion.
Failure of a respondent to file a written denial of the
allegations in the pleading shall not be treated as an
admission that the allegations are true.
(m-1) Pursuant to the Juvenile Court Act of 1987, a
child has been in foster care for 15 months out of any 22
month period which begins on or after the effective date of
this amendatory Act of 1998 unless the child's parent can
prove by a preponderance of the evidence that it is more
likely than not that it will be in the best interests of
the child to be returned to the parent within 6 months of
the date on which a petition for termination of parental
rights is filed under the Juvenile Court Act of 1987. The
15 month time limit is tolled during any period for which
there is a court finding that the appointed custodian or
guardian failed to make reasonable efforts to reunify the
child with his or her family, provided that (i) the finding
of no reasonable efforts is made within 60 days of the
period when reasonable efforts were not made or (ii) the
parent filed a motion requesting a finding of no reasonable

efforts within 60 days of the period when reasonable
efforts were not made. For purposes of this subdivision
(m-1), the date of entering foster care is the earlier of:
(i) the date of a judicial finding at an adjudicatory
hearing that the child is an abused, neglected, or
dependent minor; or (ii) 60 days after the date on which
the child is removed from his or her parent, guardian, or
legal custodian.
(n) Evidence of intent to forgo his or her parental
rights, whether or not the child is a ward of the court,
(1) as manifested by his or her failure for a period of 12
months: (i) to visit the child, (ii) to communicate with
the child or agency, although able to do so and not
prevented from doing so by an agency or by court order, or
(iii) to maintain contact with or plan for the future of
the child, although physically able to do so, or (2) as
manifested by the father's failure, where he and the mother
of the child were unmarried to each other at the time of
the child's birth, (i) to commence legal proceedings to
establish his paternity under the Illinois Parentage Act of
1984 or the law of the jurisdiction of the child's birth
within 30 days of being informed, pursuant to Section 12a
of this Act, that he is the father or the likely father of
the child or, after being so informed where the child is
not yet born, within 30 days of the child's birth, or (ii)
to make a good faith effort to pay a reasonable amount of

the expenses related to the birth of the child and to
provide a reasonable amount for the financial support of
the child, the court to consider in its determination all
relevant circumstances, including the financial condition
of both parents; provided that the ground for termination
provided in this subparagraph (n)(2)(ii) shall only be
available where the petition is brought by the mother or
the husband of the mother.
Contact or communication by a parent with his or her
child that does not demonstrate affection and concern does
not constitute reasonable contact and planning under
subdivision (n). In the absence of evidence to the
contrary, the ability to visit, communicate, maintain
contact, pay expenses and plan for the future shall be
presumed. The subjective intent of the parent, whether
expressed or otherwise, unsupported by evidence of the
foregoing parental acts manifesting that intent, shall not
preclude a determination that the parent has intended to
forgo his or her parental rights. In making this
determination, the court may consider but shall not require
a showing of diligent efforts by an authorized agency to
encourage the parent to perform the acts specified in
subdivision (n).
It shall be an affirmative defense to any allegation
under paragraph (2) of this subsection that the father's
failure was due to circumstances beyond his control or to

impediments created by the mother or any other person
having legal custody. Proof of that fact need only be by a
preponderance of the evidence.
(o) Repeated or continuous failure by the parents,
although physically and financially able, to provide the
child with adequate food, clothing, or shelter.
(p) Inability to discharge parental responsibilities
supported by competent evidence from a psychiatrist,
licensed clinical social worker, or clinical psychologist
of mental impairment, mental illness or an intellectual
disability as defined in Section 1-116 of the Mental Health
and Developmental Disabilities Code, or developmental
disability as defined in Section 1-106 of that Code, and
there is sufficient justification to believe that the
inability to discharge parental responsibilities shall
extend beyond a reasonable time period. However, this
subdivision (p) shall not be construed so as to permit a
licensed clinical social worker to conduct any medical
diagnosis to determine mental illness or mental
impairment.
(q) (Blank).
(r) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated as a result of
criminal conviction at the time the petition or motion for
termination of parental rights is filed, prior to

incarceration the parent had little or no contact with the
child or provided little or no support for the child, and
the parent's incarceration will prevent the parent from
discharging his or her parental responsibilities for the
child for a period in excess of 2 years after the filing of
the petition or motion for termination of parental rights.
(s) The child is in the temporary custody or
guardianship of the Department of Children and Family
Services, the parent is incarcerated at the time the
petition or motion for termination of parental rights is
filed, the parent has been repeatedly incarcerated as a
result of criminal convictions, and the parent's repeated
incarceration has prevented the parent from discharging
his or her parental responsibilities for the child.
(t) A finding that at birth the child's blood, urine,
or meconium contained any amount of a controlled substance
as defined in subsection (f) of Section 102 of the Illinois
Controlled Substances Act, or a metabolite of a controlled
substance, with the exception of controlled substances or
metabolites of such substances, the presence of which in
the newborn infant was the result of medical treatment
administered to the mother or the newborn infant, and that
the biological mother of this child is the biological
mother of at least one other child who was adjudicated a
neglected minor under subsection (c) of Section 2-3 of the
Juvenile Court Act of 1987, after which the biological

mother had the opportunity to enroll in and participate in
a clinically appropriate substance abuse counseling,
treatment, and rehabilitation program.
E. "Parent" means the father or mother of a lawful child of
the parties or child born out of wedlock. For the purpose of
this Act, a person who has executed a final and irrevocable
consent to adoption or a final and irrevocable surrender for
purposes of adoption, or whose parental rights have been
terminated by a court, is not a parent of the child who was the
subject of the consent or surrender, unless the consent is void
pursuant to subsection O of Section 10.
F. A person is available for adoption when the person is:
(a) a child who has been surrendered for adoption to an
agency and to whose adoption the agency has thereafter
consented;
(b) a child to whose adoption a person authorized by
law, other than his parents, has consented, or to whose
adoption no consent is required pursuant to Section 8 of
this Act;
(c) a child who is in the custody of persons who intend
to adopt him through placement made by his parents;
(c-1) a child for whom a parent has signed a specific
consent pursuant to subsection O of Section 10;
(d) an adult who meets the conditions set forth in
Section 3 of this Act; or
(e) a child who has been relinquished as defined in

Section 10 of the Abandoned Newborn Infant Protection Act.
A person who would otherwise be available for adoption
shall not be deemed unavailable for adoption solely by reason
of his or her death.
G. The singular includes the plural and the plural includes
the singular and the "male" includes the "female", as the
context of this Act may require.
H. "Adoption disruption" occurs when an adoptive placement
does not prove successful and it becomes necessary for the
child to be removed from placement before the adoption is
finalized.
I. "Foreign placing agency" is an agency or individual
operating in a country or territory outside the United States
that is authorized by its country to place children for
adoption either directly with families in the United States or
through United States based international agencies.
J. "Immediate relatives" means the biological parents, the
parents of the biological parents and siblings of the
biological parents.
K. "Intercountry adoption" is a process by which a child
from a country other than the United States is adopted.
L. "Intercountry Adoption Coordinator" is a staff person of
the Department of Children and Family Services appointed by the
Director to coordinate the provision of services by the public
and private sector to prospective parents of foreign-born
children.

M. "Interstate Compact on the Placement of Children" is a
law enacted by most states for the purpose of establishing
uniform procedures for handling the interstate placement of
children in foster homes, adoptive homes, or other child care
facilities.
N. "Non-Compact state" means a state that has not enacted
the Interstate Compact on the Placement of Children.
O. "Preadoption requirements" are any conditions
established by the laws or regulations of the Federal
Government or of each state that must be met prior to the
placement of a child in an adoptive home.
P. "Abused child" means a child whose parent or immediate
family member, or any person responsible for the child's
welfare, or any individual residing in the same home as the
child, or a paramour of the child's parent:
(a) inflicts, causes to be inflicted, or allows to be
inflicted upon the child physical injury, by other than
accidental means, that causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(b) creates a substantial risk of physical injury to
the child by other than accidental means which would be
likely to cause death, disfigurement, impairment of
physical or emotional health, or loss or impairment of any
bodily function;
(c) commits or allows to be committed any sex offense

against the child, as sex offenses are defined in the
Criminal Code of 1961 and extending those definitions of
sex offenses to include children under 18 years of age;
(d) commits or allows to be committed an act or acts of
torture upon the child; or
(e) inflicts excessive corporal punishment.
Q. "Neglected child" means any child whose parent or other
person responsible for the child's welfare withholds or denies
nourishment or medically indicated treatment including food or
care denied solely on the basis of the present or anticipated
mental or physical impairment as determined by a physician
acting alone or in consultation with other physicians or
otherwise does not provide the proper or necessary support,
education as required by law, or medical or other remedial care
recognized under State law as necessary for a child's
well-being, or other care necessary for his or her well-being,
including adequate food, clothing and shelter; or who is
abandoned by his or her parents or other person responsible for
the child's welfare.
A child shall not be considered neglected or abused for the
sole reason that the child's parent or other person responsible
for his or her welfare depends upon spiritual means through
prayer alone for the treatment or cure of disease or remedial
care as provided under Section 4 of the Abused and Neglected
Child Reporting Act. A child shall not be considered neglected
or abused for the sole reason that the child's parent or other

person responsible for the child's welfare failed to vaccinate,
delayed vaccination, or refused vaccination for the child due
to a waiver on religious or medical grounds as permitted by
law.
R. "Putative father" means a man who may be a child's
father, but who (1) is not married to the child's mother on or
before the date that the child was or is to be born and (2) has
not established paternity of the child in a court proceeding
before the filing of a petition for the adoption of the child.
The term includes a male who is less than 18 years of age.
"Putative father" does not mean a man who is the child's father
as a result of criminal sexual abuse or assault as defined
under Article 12 of the Criminal Code of 1961.
S. "Standby adoption" means an adoption in which a parent
consents to custody and termination of parental rights to
become effective upon the occurrence of a future event, which
is either the death of the parent or the request of the parent
for the entry of a final judgment of adoption.
T. (Blank).
(Source: P.A. 96-1551, eff. 7-1-11; 97-227, eff. 1-1-12;
revised 9-15-11.)
Section 15-100. The Probate Act of 1975 is amended by
changing Sections 2-6.2 and 2-6.6 as follows:
(755 ILCS 5/2-6.2)

Sec. 2-6.2. Financial exploitation, abuse, or neglect of an
elderly person or a person with a disability.
(a) In this Section:
"Abuse" means any offense described in Section 12-21 or
subsection (b) of Section 12-4.4a of the Criminal Code of 1961.
"Financial exploitation" means any offense described in
Section 16-1.3 or 17-56 of the Criminal Code of 1961.
"Neglect" means any offense described in Section 12-19 or
subsection (a) of Section 12-4.4a of the Criminal Code of 1961.
(b) Persons convicted of financial exploitation, abuse, or
neglect of an elderly person or a person with a disability
shall not receive any property, benefit, or other interest by
reason of the death of that elderly person or person with a
disability, whether as heir, legatee, beneficiary, survivor,
appointee, claimant under Section 18-1.1, or in any other
capacity and whether the property, benefit, or other interest
passes pursuant to any form of title registration, testamentary
or nontestamentary instrument, intestacy, renunciation, or any
other circumstance. The property, benefit, or other interest
shall pass as if the person convicted of the financial
exploitation, abuse, or neglect died before the decedent,
provided that with respect to joint tenancy property the
interest possessed prior to the death by the person convicted
of the financial exploitation, abuse, or neglect shall not be
diminished by the application of this Section. Notwithstanding
the foregoing, a person convicted of financial exploitation,

abuse, or neglect of an elderly person or a person with a
disability shall be entitled to receive property, a benefit, or
an interest in any capacity and under any circumstances
described in this subsection (b) if it is demonstrated by clear
and convincing evidence that the victim of that offense knew of
the conviction and subsequent to the conviction expressed or
ratified his or her intent to transfer the property, benefit,
or interest to the person convicted of financial exploitation,
abuse, or neglect of an elderly person or a person with a
disability in any manner contemplated by this subsection (b).
(c) (1) The holder of any property subject to the
provisions of this Section shall not be liable for
distributing or releasing the property to the person
convicted of financial exploitation, abuse, or neglect of
an elderly person or a person with a disability if the
distribution or release occurs prior to the conviction.
(2) If the holder is a financial institution, trust
company, trustee, or similar entity or person, the holder
shall not be liable for any distribution or release of the
property, benefit, or other interest to the 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 unless the holder knowingly
distributes or releases the property, benefit, or other
interest to the person so convicted after first having
received actual written notice of the conviction in

sufficient time to act upon the notice.
(d) If the holder of any property subject to the provisions
of this Section knows that a potential beneficiary has been
convicted of financial exploitation, abuse, or neglect of an
elderly person or a person with a disability within the scope
of this Section, the holder shall fully cooperate with law
enforcement authorities and judicial officers in connection
with any investigation of the financial exploitation, abuse, or
neglect. If the holder is a person or entity that is subject to
regulation by a regulatory agency pursuant to the laws of this
or any other state or pursuant to the laws of the United
States, including but not limited to the business of a
financial institution, corporate fiduciary, or insurance
company, then such person or entity shall not be deemed to be
in violation of this Section to the extent that privacy laws
and regulations applicable to such person or entity prevent it
from voluntarily providing law enforcement authorities or
judicial officers with information.
(Source: P.A. 95-315, eff. 1-1-08; 96-1551, Article 1, Section
995, eff. 7-1-11; 96-1551, Article 10, Section 10-155, eff.
7-1-11; revised 9-30-11.)
(755 ILCS 5/2-6.6)
Sec. 2-6.6. Person convicted of certain offenses against
the elderly or disabled. A person who is 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 may not receive any property, benefit, or other
interest by reason of the death of the victim of that offense,
whether as heir, legatee, beneficiary, joint tenant, tenant by
the entirety, survivor, appointee, or in any other capacity and
whether the property, benefit, or other interest passes
pursuant to any form of title registration, testamentary or
nontestamentary instrument, intestacy, renunciation, or any
other circumstance. The property, benefit, or other interest
shall pass as if the 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 died before the
decedent; provided that with respect to joint tenancy property
or property held in tenancy by the entirety, the interest
possessed prior to the death by the person convicted may not be
diminished by the application of this Section. Notwithstanding
the foregoing, 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 shall be entitled
to receive property, a benefit, or an interest in any capacity
and under any circumstances described in this Section if it is
demonstrated by clear and convincing evidence that the victim
of that offense knew of the conviction and subsequent to the
conviction expressed or ratified his or her intent to transfer
the property, benefit, or interest to the 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 in any manner contemplated by this Section.
The holder of any property subject to the provisions of
this Section is not liable for distributing or releasing the
property to the person convicted of violating 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.
If the holder is a financial institution, trust company,
trustee, or similar entity or person, the holder shall not be
liable for any distribution or release of the property,
benefit, or other interest to the 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 unless the holder knowingly distributes or releases the
property, benefit, or other interest to the person so convicted
after first having received actual written notice of the
conviction in sufficient time to act upon the notice.
The Department of State Police shall have access to State
of Illinois databases containing information that may help in
the identification or location of persons convicted of the
offenses enumerated in this Section. Interagency agreements
shall be implemented, consistent with security and procedures
established by the State agency and consistent with the laws
governing the confidentiality of the information in the
databases. Information shall be used only for administration of
this Section.

(Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11;
96-1551, Article 10, Section 10-155, eff. 7-1-11; revised
9-30-11.)