Bill Text: IL HB4410 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Creates the Prostitution Investigation Act. Provides that each law enforcement agency shall create, on or before January 1, 2025, a policy that prohibits law enforcement officers from knowingly and willingly performing an act of sexual penetration with the suspect of a criminal investigation of prostitution during the course of an investigation conducted by that officer. Provides that the policy shall be posted and made publicly available. Amends various Acts to change "juvenile prostitution" to "commercial sexual exploitation of a child", "prostitute" to "person engaged in the sex trade", and "juvenile prostitute" to "sexually exploited child". Amends the Statute on Statutes. Provides that the changes of names of the offenses and persons convicted of those offenses do not affect the validity of dispositions entered under the previous names. Amends the Criminal Identification Act. Provides that law enforcement agencies shall automatically expunge the law enforcement records relating to a person's Class 4 felony conviction for prostitution if that conviction is eligible for expungement. Provides that in the absence of a court order or upon the order of a court, the clerk of the circuit court shall automatically expunge the court records and case files relating to a person's Class 4 felony conviction for prostitution if that conviction is eligible for expungement. Provides that automatic expungements shall be completed no later than January 1, 2025. Provides for comparable provisions for such convictions that are eligible for sealing.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed) 2024-11-15 - Added as Alternate Co-Sponsor Sen. Natalie Toro [HB4410 Detail]

Download: Illinois-2023-HB4410-Engrossed.html

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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Prostitution Investigation Act.
Section 5. Definitions. In this Act:
"Law enforcement agency" and "law enforcement officer"
have the meanings ascribed to them in Section 10-10 of the Law
Enforcement Officer-Worn Body Camera Act.
"Prostitution" has the meaning ascribed to it in Section
11-14 of the Criminal Code of 2012.
"Sexual penetration" has the meaning ascribed to it in
Section 11-0.1 of the Criminal Code of 2012.
Section 10. Law enforcement agency policy; prostitution
investigations. Each law enforcement agency shall create a
policy on or before January 1, 2025 that prohibits law
enforcement officers from knowingly and willingly performing
an act of sexual penetration with the suspect of a criminal
investigation of prostitution during the course of an
investigation conducted by that officer. The policy shall be
posted and made publicly available.

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Section 95. The Statute on Statutes is amended by adding
Section 1.45 as follows:
(5 ILCS 70/1.45 new)
Sec. 1.45. Juvenile prostitution, prostitute, juvenile
prostitute; prior prosecutions. If any person, before the
effective date of this amendatory Act of the 103rd General
Assembly, has been arrested, charged, prosecuted, convicted,
or sentenced for juvenile prostitution or patronizing a minor
engaged in prostitution or has been referred to in any law
enforcement record, court record, or penal institution record
as a prostitute or juvenile prostitute, the changes of the
names of offenses and the references to defendants in this
amendatory Act of the 103rd General Assembly do not, except as
described in this amendatory Act, affect any arrest,
prosecution, conviction, sentence, or penal institution record
for such persons or offenses in any law enforcement record,
court record, or penal institution record, or any arrest,
conviction, or sentence, before the effective date of this
amendatory Act of the 103rd General Assembly, and any action
taken for or against such a person incarcerated, on
supervision, probation, conditional discharge, or mandatory
supervised release under the former named offenses and persons
shall remain valid.
Section 96. The Criminal Identification Act is amended by

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changing Section 5.2 as follows:
(20 ILCS 2630/5.2)
Sec. 5.2. Expungement, sealing, and immediate sealing.
(a) General Provisions.
(1) Definitions. In this Act, words and phrases have
the meanings set forth in this subsection, except when a
particular context clearly requires a different meaning.
(A) The following terms shall have the meanings
ascribed to them in the following Sections of the
Unified Code of Corrections:
Business Offense, Section 5-1-2.
Charge, Section 5-1-3.
Court, Section 5-1-6.
Defendant, Section 5-1-7.
Felony, Section 5-1-9.
Imprisonment, Section 5-1-10.
Judgment, Section 5-1-12.
Misdemeanor, Section 5-1-14.
Offense, Section 5-1-15.
Parole, Section 5-1-16.
Petty Offense, Section 5-1-17.
Probation, Section 5-1-18.
Sentence, Section 5-1-19.
Supervision, Section 5-1-21.
Victim, Section 5-1-22.

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(B) As used in this Section, "charge not initiated
by arrest" means a charge (as defined by Section 5-1-3
of the Unified Code of Corrections) brought against a
defendant where the defendant is not arrested prior to
or as a direct result of the charge.
(C) "Conviction" means a judgment of conviction or
sentence entered upon a plea of guilty or upon a
verdict or finding of guilty of an offense, rendered
by a legally constituted jury or by a court of
competent jurisdiction authorized to try the case
without a jury. An order of supervision successfully
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.

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(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

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municipal or local ordinance.
(G-5) "Minor Cannabis Offense" means a violation
of Section 4 or 5 of the Cannabis Control Act
concerning not more than 30 grams of any substance
containing cannabis, provided the violation did not
include a penalty enhancement under Section 7 of the
Cannabis Control Act and is not associated with an
arrest, conviction or other disposition for a violent
crime as defined in subsection (c) of Section 3 of the
Rights of Crime Victims and Witnesses Act.
(H) "Municipal ordinance violation" means an
offense defined by a municipal or local ordinance that
is criminal in nature and with which the petitioner
was charged or for which the petitioner was arrested
and released without charging.
(I) "Petitioner" means an adult or a minor
prosecuted as an adult who has applied for relief
under this Section.
(J) "Qualified probation" means an order of
probation under Section 10 of the Cannabis Control
Act, Section 410 of the Illinois Controlled Substances
Act, Section 70 of the Methamphetamine Control and
Community Protection Act, Section 5-6-3.3 or 5-6-3.4
of the Unified Code of Corrections, Section
12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
those provisions existed before their deletion by

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Public Act 89-313), Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section
40-10 of the Substance Use Disorder Act, or Section 10
of the Steroid Control Act. For the purpose of this
Section, "successful completion" of an order of
qualified probation under Section 10-102 of the
Illinois Alcoholism and Other Drug Dependency Act and
Section 40-10 of the Substance Use Disorder Act means
that the probation was terminated satisfactorily and
the judgment of conviction was vacated.
(K) "Seal" means to physically and electronically
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.

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(M) "Terminate" as it relates to a sentence or
order of supervision or qualified probation includes
either satisfactory or unsatisfactory termination of
the sentence, unless otherwise specified in this
Section. A sentence is terminated notwithstanding any
outstanding financial legal obligation.
(2) Minor Traffic Offenses. Orders of supervision or
convictions for minor traffic offenses shall not affect a
petitioner's eligibility to expunge or seal records
pursuant to this Section.
(2.5) Commencing 180 days after July 29, 2016 (the
effective date of Public Act 99-697), the law enforcement
agency issuing the citation shall automatically expunge,
on or before January 1 and July 1 of each year, the law
enforcement records of a person found to have committed a
civil law violation of subsection (a) of Section 4 of the
Cannabis Control Act or subsection (c) of Section 3.5 of
the Drug Paraphernalia Control Act in the law enforcement
agency's possession or control and which contains the
final satisfactory disposition which pertain to the person
issued a citation for that offense. The law enforcement
agency shall provide by rule the process for access,
review, and to confirm the automatic expungement by the
law enforcement agency issuing the citation. Commencing
180 days after July 29, 2016 (the effective date of Public
Act 99-697), the clerk of the circuit court shall expunge,

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upon order of the court, or in the absence of a court order
on or before January 1 and July 1 of each year, the court
records of a person found in the circuit court to have
committed a civil law violation of subsection (a) of
Section 4 of the Cannabis Control Act or subsection (c) of
Section 3.5 of the Drug Paraphernalia Control Act in the
clerk's possession or control and which contains the final
satisfactory disposition which pertain to the person
issued a citation for any of those offenses.
(3) Exclusions. Except as otherwise provided in
subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
of this Section, the court shall not order:
(A) the sealing or expungement of the records of
arrests or charges not initiated by arrest that result
in an order of supervision for or conviction of: (i)
any sexual offense committed against a minor; (ii)
Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance; or (iii)
Section 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, unless the
arrest or charge is for a misdemeanor violation of
subsection (a) of Section 11-503 or a similar
provision of a local ordinance, that occurred prior to
the offender reaching the age of 25 years and the
offender has no other conviction for violating Section
11-501 or 11-503 of the Illinois Vehicle Code or a

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similar provision of a local ordinance.
(B) the sealing or expungement of records of minor
traffic offenses (as defined in subsection (a)(1)(G)),
unless the petitioner was arrested and released
without charging.
(C) the sealing of the records of arrests or
charges not initiated by arrest which result in an
order of supervision or a conviction for the following
offenses:
(i) offenses included in Article 11 of the
Criminal Code of 1961 or the Criminal Code of 2012
or a similar provision of a local ordinance,
except Section 11-14 and a misdemeanor violation
of Section 11-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, or a similar provision
of a local ordinance;
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
26-5, or 48-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(iii) Section 12-3.1 or 12-3.2 of the Criminal
Code of 1961 or the Criminal Code of 2012, or
Section 125 of the Stalking No Contact Order Act,
or Section 219 of the Civil No Contact Order Act,
or a similar provision of a local ordinance;
(iv) Class A misdemeanors or felony offenses

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under the Humane Care for Animals Act; or
(v) any offense or attempted offense that
would subject a person to registration under the
Sex Offender Registration Act.
(D) (blank).
(b) Expungement.
(1) A petitioner may petition the circuit court to
expunge the records of his or her arrests and charges not
initiated by arrest when each arrest or charge not
initiated by arrest sought to be expunged resulted in: (i)
acquittal, dismissal, or the petitioner's release without
charging, unless excluded by subsection (a)(3)(B); (ii) a
conviction which was vacated or reversed, unless excluded
by subsection (a)(3)(B); (iii) an order of supervision and
such supervision was successfully completed by the
petitioner, unless excluded by subsection (a)(3)(A) or
(a)(3)(B); or (iv) an order of qualified probation (as
defined in subsection (a)(1)(J)) and such probation was
successfully completed by the petitioner.
(1.5) When a petitioner seeks to have a record of
arrest expunged under this Section, and the offender has
been convicted of a criminal offense, the State's Attorney
may object to the expungement on the grounds that the
records contain specific relevant information aside from
the mere fact of the arrest.
(2) Time frame for filing a petition to expunge.

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(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 the Criminal Code of 2012, or a
similar provision of a local ordinance, shall not
be eligible for expungement until 5 years have
passed following the satisfactory termination of
the supervision.
(i-5) Those arrests or charges that resulted
in orders of supervision for a misdemeanor
violation of subsection (a) of Section 11-503 of
the Illinois Vehicle Code or a similar provision
of a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the

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offender has no other conviction for violating
Section 11-501 or 11-503 of the Illinois Vehicle
Code or a similar provision of a local ordinance
shall not be eligible for expungement until the
petitioner has reached the age of 25 years.
(ii) Those arrests or charges that resulted in
orders of supervision for any other offenses shall
not be eligible for expungement until 2 years have
passed following the satisfactory termination of
the supervision.
(C) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
qualified probation, successfully completed by the
petitioner, such records shall not be eligible for
expungement until 5 years have passed following the
satisfactory termination of the probation.
(3) Those records maintained by the Illinois State
Police for persons arrested prior to their 17th birthday
shall be expunged as provided in Section 5-915 of the
Juvenile Court Act of 1987.
(4) Whenever a person has been arrested for or
convicted of any offense, in the name of a person whose
identity he or she has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization,
upon learning of the person having been arrested using his

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

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

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Illinois Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
Corrections, Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section 40-10 of
the Substance Use Disorder Act, or Section 10 of the
Steroid Control Act.
(8) If the petitioner has been granted a certificate
of innocence under Section 2-702 of the Code of Civil
Procedure, the court that grants the certificate of
innocence shall also enter an order expunging the
conviction for which the petitioner has been determined to
be innocent as provided in subsection (h) of Section 2-702
of the Code of Civil Procedure.
(c) Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any
rights to expungement of criminal records, this subsection
authorizes the sealing of criminal records of adults and
of minors prosecuted as adults. Subsection (g) of this
Section provides for immediate sealing of certain records.
(2) Eligible Records. The following records may be
sealed:
(A) All arrests resulting in release without

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

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

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(c)(2)(F) may be sealed upon termination of the
petitioner's last sentence if the petitioner earned a
high school diploma, associate's degree, career
certificate, vocational technical certification, or
bachelor's degree, or passed the high school level
Test of General Educational Development, during the
period of his or her sentence or mandatory supervised
release. This subparagraph shall apply only to a
petitioner who has not completed the same educational
goal prior to the period of his or her sentence or
mandatory supervised release. If a petition for
sealing eligible records filed under this subparagraph
is denied by the court, the time periods under
subparagraph (B) or (C) shall apply to any subsequent
petition for sealing filed by the petitioner.
(4) Subsequent felony convictions. A person may not
have subsequent felony conviction records sealed as
provided in this subsection (c) if he or she is convicted
of any felony offense after the date of the sealing of
prior felony convictions as provided in this subsection
(c). The court may, upon conviction for a subsequent
felony offense, order the unsealing of prior felony
conviction records previously ordered sealed by the court.
(5) Notice of eligibility for sealing. Upon entry of a
disposition for an eligible record under this subsection
(c), the petitioner shall be informed by the court of the

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

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(a)(3)(B). The provisions of this paragraph (1.5), other
than this sentence, are inoperative on and after January
1, 2022.
(2) Contents of petition. The petition shall be
verified and shall contain the petitioner's name, date of
birth, current address and, for each arrest or charge not
initiated by arrest sought to be sealed or expunged, the
case number, the date of arrest (if any), the identity of
the arresting authority, and such other information as the
court may require. During the pendency of the proceeding,
the petitioner shall promptly notify the circuit court
clerk of any change of his or her address. If the
petitioner has received a certificate of eligibility for
sealing from the Prisoner Review Board under paragraph
(10) of subsection (a) of Section 3-3-2 of the Unified
Code of Corrections, the certificate shall be attached to
the petition.
(3) Drug test. The petitioner must attach to the
petition proof that the petitioner has taken within 30
days before the filing of the petition a test showing the
absence within his or her body of all illegal substances
as defined by the Illinois Controlled Substances Act and
the Methamphetamine Control and Community Protection Act
if he or she is petitioning to:
(A) seal felony records under clause (c)(2)(E);
(B) seal felony records for a violation of the

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

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(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
Illinois State Police, the arresting agency, or the
chief legal officer files an objection to the petition
to expunge or seal within 60 days from the date of
service of the petition, the court shall enter an
order granting or denying the petition.
(C) Notwithstanding any other provision of law,
the court shall not deny a petition for sealing under
this Section because the petitioner has not satisfied
an outstanding legal financial obligation established,
imposed, or originated by a court, law enforcement
agency, or a municipal, State, county, or other unit
of local government, including, but not limited to,
any cost, assessment, fine, or fee. An outstanding
legal financial obligation does not include any court
ordered restitution to a victim under Section 5-5-6 of
the Unified Code of Corrections, unless the
restitution has been converted to a civil judgment.
Nothing in this subparagraph (C) waives, rescinds, or

HB4410 Engrossed - 24 - LRB103 36319 RLC 66417 b
abrogates a legal financial obligation or otherwise
eliminates or affects the right of the holder of any
financial obligation to pursue collection under
applicable federal, State, or local law.
(D) Notwithstanding any other provision of law,
the court shall not deny a petition to expunge or seal
under this Section because the petitioner has
submitted a drug test taken within 30 days before the
filing of the petition to expunge or seal that
indicates a positive test for the presence of cannabis
within the petitioner's body. In this subparagraph
(D), "cannabis" has the meaning ascribed to it in
Section 3 of the Cannabis Control Act.
(7) Hearings. If an objection is filed, the court
shall set a date for a hearing and notify the petitioner
and all parties entitled to notice of the petition of the
hearing date at least 30 days prior to the hearing. Prior
to the hearing, the State's Attorney shall consult with
the Illinois State Police as to the appropriateness of the
relief sought in the petition to expunge or seal. At the
hearing, the court shall hear evidence on whether the
petition should or should not be granted, and shall grant
or deny the petition to expunge or seal the records based
on the evidence presented at the hearing. The court may
consider the following:
(A) the strength of the evidence supporting the

HB4410 Engrossed - 25 - LRB103 36319 RLC 66417 b
defendant's conviction;
(B) the reasons for retention of the conviction
records by the State;
(C) the petitioner's age, criminal record history,
and employment history;
(D) the period of time between the petitioner's
arrest on the charge resulting in the conviction and
the filing of the petition under this Section; and
(E) the specific adverse consequences the
petitioner may be subject to if the petition is
denied.
(8) Service of order. After entering an order to
expunge or seal records, the court must provide copies of
the order to the Illinois State Police, in a form and
manner prescribed by the Illinois State Police, to the
petitioner, to the State's Attorney or prosecutor charged
with the duty of prosecuting the offense, to the arresting
agency, to the chief legal officer of the unit of local
government effecting the arrest, and to such other
criminal justice agencies as may be ordered by the court.
(9) Implementation of order.
(A) Upon entry of an order to expunge records
pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency,

HB4410 Engrossed - 26 - LRB103 36319 RLC 66417 b
the Illinois State Police, 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 Illinois State Police, or
the agency receiving such inquiry, shall reply as
it does in response to inquiries when no records
ever existed.
(B) Upon entry of an order to expunge records
pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,

HB4410 Engrossed - 27 - LRB103 36319 RLC 66417 b
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
Illinois State Police within 60 days of the date
of service of the order as ordered by the court,
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;
(iv) records impounded by the Illinois State
Police may be disseminated by the Illinois State
Police only as required by law or to the arresting
authority, the State's Attorney, and the court
upon a later arrest for the same or a similar
offense or for the purpose of sentencing for any
subsequent felony, and to the Department of
Corrections upon conviction for any offense; and

HB4410 Engrossed - 28 - LRB103 36319 RLC 66417 b
(v) in response to an inquiry for such records
from anyone not authorized by law to access such
records, the court, the Illinois State Police, or
the agency receiving such inquiry shall reply as
it does in response to inquiries when no records
ever existed.
(B-5) Upon entry of an order to expunge records
under subsection (e-6):
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Illinois State Police within 60 days of the date
of service of the order as ordered by the court,

HB4410 Engrossed - 29 - LRB103 36319 RLC 66417 b
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of
subsection (d) of this Section;
(iv) records impounded by the Illinois State
Police may be disseminated by the Illinois State
Police only as required by law or to the arresting
authority, the State's Attorney, and the court
upon a later arrest for the same or a similar
offense or for the purpose of sentencing for any
subsequent felony, and to the Department of
Corrections upon conviction for any offense; and
(v) in response to an inquiry for these
records from anyone not authorized by law to
access the records, the court, the Illinois State
Police, or the agency receiving the inquiry shall
reply as it does in response to inquiries when no
records ever existed.
(C) Upon entry of an order to seal records under
subsection (c), the arresting agency, any other agency
as ordered by the court, the Illinois State Police,
and the court shall seal the records (as defined in
subsection (a)(1)(K)). In response to an inquiry for
such records, from anyone not authorized by law to
access such records, the court, the Illinois State
Police, or the agency receiving such inquiry shall
reply as it does in response to inquiries when no

HB4410 Engrossed - 30 - LRB103 36319 RLC 66417 b
records ever existed.
(D) The Illinois State Police shall send written
notice to the petitioner of its compliance with each
order to expunge or seal records within 60 days of the
date of service of that order or, if a motion to
vacate, modify, or reconsider is filed, within 60 days
of service of the order resolving the motion, if that
order requires the Illinois State Police to expunge or
seal records. In the event of an appeal from the
circuit court order, the Illinois State Police shall
send written notice to the petitioner of its
compliance with an Appellate Court or Supreme Court
judgment to expunge or seal records within 60 days of
the issuance of the court's mandate. The notice is not
required while any motion to vacate, modify, or
reconsider, or any appeal or petition for
discretionary appellate review, is pending.
(E) Upon motion, the court may order that a sealed
judgment or other court record necessary to
demonstrate the amount of any legal financial
obligation due and owing be made available for the
limited purpose of collecting any legal financial
obligations owed by the petitioner that were
established, imposed, or originated in the criminal
proceeding for which those records have been sealed.
The records made available under this subparagraph (E)

HB4410 Engrossed - 31 - LRB103 36319 RLC 66417 b
shall not be entered into the official index required
to be kept by the circuit court clerk under Section 16
of the Clerks of Courts Act and shall be immediately
re-impounded upon the collection of the outstanding
financial obligations.
(F) Notwithstanding any other provision of this
Section, a circuit court clerk may access a sealed
record for the limited purpose of collecting payment
for any legal financial obligations that were
established, imposed, or originated in the criminal
proceedings for which those records have been sealed.
(10) Fees. The Illinois State Police may charge the
petitioner a fee equivalent to the cost of processing any
order to expunge or seal records. Notwithstanding any
provision of the Clerks of Courts Act to the contrary, the
circuit court clerk may charge a fee equivalent to the
cost associated with the sealing or expungement of records
by the circuit court clerk. From the total filing fee
collected for the petition to seal or expunge, the circuit
court clerk shall deposit $10 into the Circuit Court Clerk
Operation and Administrative Fund, to be used to offset
the costs incurred by the circuit court clerk in
performing the additional duties required to serve the
petition to seal or expunge on all parties. The circuit
court clerk shall collect and remit the Illinois State
Police portion of the fee to the State Treasurer and it

HB4410 Engrossed - 32 - LRB103 36319 RLC 66417 b
shall be deposited in the State Police Services Fund. If
the record brought under an expungement petition was
previously sealed under this Section, the fee for the
expungement petition for that same record shall be waived.
(11) Final Order. No court order issued under the
expungement or sealing provisions of this Section shall
become final for purposes of appeal until 30 days after
service of the order on the petitioner and all parties
entitled to notice of the petition.
(12) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner or any party entitled to notice may file a
motion to vacate, modify, or reconsider the order granting
or denying the petition to expunge or seal within 60 days
of service of the order. If filed more than 60 days after
service of the order, a petition to vacate, modify, or
reconsider shall comply with subsection (c) of Section
2-1401 of the Code of Civil Procedure. Upon filing of a
motion to vacate, modify, or reconsider, notice of the
motion shall be served upon the petitioner and all parties
entitled to notice of the petition.
(13) Effect of Order. An order granting a petition
under the expungement or sealing provisions of this
Section shall not be considered void because it fails to
comply with the provisions of this Section or because of
any error asserted in a motion to vacate, modify, or

HB4410 Engrossed - 33 - LRB103 36319 RLC 66417 b
reconsider. The circuit court retains jurisdiction to
determine whether the order is voidable and to vacate,
modify, or reconsider its terms based on a motion filed
under paragraph (12) of this subsection (d).
(14) Compliance with Order Granting Petition to Seal
Records. Unless a court has entered a stay of an order
granting a petition to seal, all parties entitled to
notice of the petition must fully comply with the terms of
the order within 60 days of service of the order even if a
party is seeking relief from the order through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order.
(15) Compliance with Order Granting Petition to
Expunge Records. While a party is seeking relief from the
order granting the petition to expunge through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order, and unless a court has entered a stay
of that order, the parties entitled to notice of the
petition must seal, but need not expunge, the records
until there is a final order on the motion for relief or,
in the case of an appeal, the issuance of that court's
mandate.
(16) The changes to this subsection (d) made by Public
Act 98-163 apply to all petitions pending on August 5,
2013 (the effective date of Public Act 98-163) and to all
orders ruling on a petition to expunge or seal on or after

HB4410 Engrossed - 34 - LRB103 36319 RLC 66417 b
August 5, 2013 (the effective date of Public Act 98-163).
(e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Illinois State Police be
sealed until further order of the court upon good cause shown
or as otherwise provided herein, and the name of the defendant
obliterated from the official index requested to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act in connection with the arrest and conviction for
the offense for which he or she had been pardoned but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Illinois State Police may be disseminated by the Illinois
State Police only to the arresting authority, the State's
Attorney, and the court upon a later arrest for the same or
similar offense or for the purpose of sentencing for any
subsequent felony. Upon conviction for any subsequent offense,
the Department of Corrections shall have access to all sealed
records of the Illinois State Police pertaining to that

HB4410 Engrossed - 35 - LRB103 36319 RLC 66417 b
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.
(e-5) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for sealing by
the Prisoner Review Board which specifically authorizes
sealing, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered sealing the record of arrest from the official records
of the arresting authority and order that the records of the
circuit court clerk and the Illinois State Police be sealed
until further order of the court upon good cause shown or as
otherwise provided herein, and the name of the petitioner
obliterated from the official index requested to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act in connection with the arrest and conviction for
the offense for which he or she had been granted the
certificate but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. All
records sealed by the Illinois State Police may be
disseminated by the Illinois State Police only as required by
this Act or to the arresting authority, a law enforcement
agency, the State's Attorney, and the court upon a later

HB4410 Engrossed - 36 - LRB103 36319 RLC 66417 b
arrest for the same or similar offense or for the purpose of
sentencing for any subsequent felony. Upon conviction for any
subsequent offense, the Department of Corrections shall have
access to all sealed records of the Illinois State Police
pertaining to that individual. Upon entry of the order of
sealing, the circuit court clerk shall promptly mail a copy of
the order to the person who was granted the certificate of
eligibility for sealing.
(e-6) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for
expungement by the Prisoner Review Board which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the petitioner's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Illinois State Police be
sealed until further order of the court upon good cause shown
or as otherwise provided herein, and the name of the
petitioner obliterated from the official index requested to be
kept by the circuit court clerk under Section 16 of the Clerks
of Courts Act in connection with the arrest and conviction for
the offense for which he or she had been granted the
certificate but the order shall not affect any index issued by

HB4410 Engrossed - 37 - LRB103 36319 RLC 66417 b
the circuit court clerk before the entry of the order. All
records sealed by the Illinois State Police may be
disseminated by the Illinois State Police only as required by
this Act or to the arresting authority, a law enforcement
agency, the State's Attorney, and the court upon a later
arrest for the same or similar offense or for the purpose of
sentencing for any subsequent felony. Upon conviction for any
subsequent offense, the Department of Corrections shall have
access to all expunged records of the Illinois State Police
pertaining to that individual. Upon entry of the order of
expungement, the circuit court clerk shall promptly mail a
copy of the order to the person who was granted the certificate
of eligibility for expungement.
(f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of
the Illinois Department of Corrections, records of the
Illinois Department of Employment Security shall be utilized
as appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
(g) Immediate Sealing.

HB4410 Engrossed - 38 - LRB103 36319 RLC 66417 b
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any
rights to expungement or sealing of criminal records, this
subsection authorizes the immediate sealing of criminal
records of adults and of minors prosecuted as adults.
(2) Eligible Records. Arrests or charges not initiated
by arrest resulting in acquittal or dismissal with
prejudice, except as excluded by subsection (a)(3)(B),
that occur on or after January 1, 2018 (the effective date
of Public Act 100-282), may be sealed immediately if the
petition is filed with the circuit court clerk on the same
day and during the same hearing in which the case is
disposed.
(3) When Records are Eligible to be Immediately
Sealed. Eligible records under paragraph (2) of this
subsection (g) may be sealed immediately after entry of
the final disposition of a case, notwithstanding the
disposition of other charges in the same case.
(4) Notice of Eligibility for Immediate Sealing. Upon
entry of a disposition for an eligible record under this
subsection (g), the defendant shall be informed by the
court of his or her right to have eligible records
immediately sealed and the procedure for the immediate
sealing of these records.
(5) Procedure. The following procedures apply to
immediate sealing under this subsection (g).

HB4410 Engrossed - 39 - LRB103 36319 RLC 66417 b
(A) Filing the Petition. Upon entry of the final
disposition of the case, the defendant's attorney may
immediately petition the court, on behalf of the
defendant, for immediate sealing of eligible records
under paragraph (2) of this subsection (g) that are
entered on or after January 1, 2018 (the effective
date of Public Act 100-282). The immediate sealing
petition may be filed with the circuit court clerk
during the hearing in which the final disposition of
the case is entered. If the defendant's attorney does
not file the petition for immediate sealing during the
hearing, the defendant may file a petition for sealing
at any time as authorized under subsection (c)(3)(A).
(B) Contents of Petition. The immediate sealing
petition shall be verified and shall contain the
petitioner's name, date of birth, current address, and
for each eligible record, the case number, the date of
arrest if applicable, the identity of the arresting
authority if applicable, and other information as the
court may require.
(C) Drug Test. The petitioner shall not be
required to attach proof that he or she has passed a
drug test.
(D) Service of Petition. A copy of the petition
shall be served on the State's Attorney in open court.
The petitioner shall not be required to serve a copy of

HB4410 Engrossed - 40 - LRB103 36319 RLC 66417 b
the petition on any other agency.
(E) Entry of Order. The presiding trial judge
shall enter an order granting or denying the petition
for immediate sealing during the hearing in which it
is filed. Petitions for immediate sealing shall be
ruled on in the same hearing in which the final
disposition of the case is entered.
(F) Hearings. The court shall hear the petition
for immediate sealing on the same day and during the
same hearing in which the disposition is rendered.
(G) Service of Order. An order to immediately seal
eligible records shall be served in conformance with
subsection (d)(8).
(H) Implementation of Order. An order to
immediately seal records shall be implemented in
conformance with subsections (d)(9)(C) and (d)(9)(D).
(I) Fees. The fee imposed by the circuit court
clerk and the Illinois State Police shall comply with
paragraph (1) of subsection (d) of this Section.
(J) Final Order. No court order issued under this
subsection (g) shall become final for purposes of
appeal until 30 days after service of the order on the
petitioner and all parties entitled to service of the
order in conformance with subsection (d)(8).
(K) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the

HB4410 Engrossed - 41 - LRB103 36319 RLC 66417 b
petitioner, State's Attorney, or the Illinois State
Police may file a motion to vacate, modify, or
reconsider the order denying the petition to
immediately seal within 60 days of service of the
order. If filed more than 60 days after service of the
order, a petition to vacate, modify, or reconsider
shall comply with subsection (c) of Section 2-1401 of
the Code of Civil Procedure.
(L) Effect of Order. An order granting an
immediate sealing petition shall not be considered
void because it fails to comply with the provisions of
this Section or because of an error asserted in a
motion to vacate, modify, or reconsider. The circuit
court retains jurisdiction to determine whether the
order is voidable, and to vacate, modify, or
reconsider its terms based on a motion filed under
subparagraph (L) of this subsection (g).
(M) Compliance with Order Granting Petition to
Seal Records. Unless a court has entered a stay of an
order granting a petition to immediately seal, all
parties entitled to service of the order must fully
comply with the terms of the order within 60 days of
service of the order.
(h) Sealing or vacation and expungement of trafficking
victims' crimes.
(1) A trafficking victim, as defined by paragraph (10)

HB4410 Engrossed - 42 - LRB103 36319 RLC 66417 b
of subsection (a) of Section 10-9 of the Criminal Code of
2012, may petition for vacation and expungement or
immediate sealing of his or her criminal record upon the
completion of his or her last sentence if his or her
participation in the underlying offense was a result of
human trafficking under Section 10-9 of the Criminal Code
of 2012 or a severe form of trafficking under the federal
Trafficking Victims Protection Act.
(1.5) A petition under paragraph (1) shall be
prepared, signed, and filed in accordance with Supreme
Court Rule 9. The court may allow the petitioner to attend
any required hearing remotely in accordance with local
rules. The court may allow a petition to be filed under
seal if the public filing of the petition would constitute
a risk of harm to the petitioner.
(2) A petitioner under this subsection (h), in
addition to the requirements provided under paragraph (4)
of subsection (d) of this Section, shall include in his or
her petition a clear and concise statement that: (A) he or
she was a victim of human trafficking at the time of the
offense; and (B) that his or her participation in the
offense was a result of human trafficking under Section
10-9 of the Criminal Code of 2012 or a severe form of
trafficking under the federal Trafficking Victims
Protection Act.
(3) If an objection is filed alleging that the

HB4410 Engrossed - 43 - LRB103 36319 RLC 66417 b
petitioner is not entitled to vacation and expungement or
immediate sealing under this subsection (h), the court
shall conduct a hearing under paragraph (7) of subsection
(d) of this Section and the court shall determine whether
the petitioner is entitled to vacation and expungement or
immediate sealing under this subsection (h). A petitioner
is eligible for vacation and expungement or immediate
relief under this subsection (h) if he or she shows, by a
preponderance of the evidence, that: (A) he or she was a
victim of human trafficking at the time of the offense;
and (B) that his or her participation in the offense was a
result of human trafficking under Section 10-9 of the
Criminal Code of 2012 or a severe form of trafficking
under the federal Trafficking Victims Protection Act.
(i) Minor Cannabis Offenses under the Cannabis Control
Act.
(1) Expungement of Arrest Records of Minor Cannabis
Offenses.
(A) The Illinois State Police and all law
enforcement agencies within the State shall
automatically expunge all criminal history records of
an arrest, charge not initiated by arrest, order of
supervision, or order of qualified probation for a
Minor Cannabis Offense committed prior to June 25,
2019 (the effective date of Public Act 101-27) if:
(i) One year or more has elapsed since the

HB4410 Engrossed - 44 - LRB103 36319 RLC 66417 b
date of the arrest or law enforcement interaction
documented in the records; and
(ii) No criminal charges were filed relating
to the arrest or law enforcement interaction or
criminal charges were filed and subsequently
dismissed or vacated or the arrestee was
acquitted.
(B) If the law enforcement agency is unable to
verify satisfaction of condition (ii) in paragraph
(A), records that satisfy condition (i) in paragraph
(A) shall be automatically expunged.
(C) Records shall be expunged by the law
enforcement agency under the following timelines:
(i) Records created prior to June 25, 2019
(the effective date of Public Act 101-27), but on
or after January 1, 2013, shall be automatically
expunged prior to January 1, 2021;
(ii) Records created prior to January 1, 2013,
but on or after January 1, 2000, shall be
automatically expunged prior to January 1, 2023;
(iii) Records created prior to January 1, 2000
shall be automatically expunged prior to January
1, 2025.
In response to an inquiry for expunged records,
the law enforcement agency receiving such inquiry
shall reply as it does in response to inquiries when no

HB4410 Engrossed - 45 - LRB103 36319 RLC 66417 b
records ever existed; however, it shall provide a
certificate of disposition or confirmation that the
record was expunged to the individual whose record was
expunged if such a record exists.
(D) Nothing in this Section shall be construed to
restrict or modify an individual's right to have that
individual's records expunged except as otherwise may
be provided in this Act, or diminish or abrogate any
rights or remedies otherwise available to the
individual.
(2) Pardons Authorizing Expungement of Minor Cannabis
Offenses.
(A) Upon June 25, 2019 (the effective date of
Public Act 101-27), the Department of State Police
shall review all criminal history record information
and identify all records that meet all of the
following criteria:
(i) one or more convictions for a Minor
Cannabis Offense;
(ii) the conviction identified in paragraph
(2)(A)(i) did not include a penalty enhancement
under Section 7 of the Cannabis Control Act; and
(iii) the conviction identified in paragraph
(2)(A)(i) is not associated with a conviction for
a violent crime as defined in subsection (c) of
Section 3 of the Rights of Crime Victims and

HB4410 Engrossed - 46 - LRB103 36319 RLC 66417 b
Witnesses Act.
(B) Within 180 days after June 25, 2019 (the
effective date of Public Act 101-27), the Department
of State Police shall notify the Prisoner Review Board
of all such records that meet the criteria established
in paragraph (2)(A).
(i) The Prisoner Review Board shall notify the
State's Attorney of the county of conviction of
each record identified by State Police in
paragraph (2)(A) that is classified as a Class 4
felony. The State's Attorney may provide a written
objection to the Prisoner Review Board on the sole
basis that the record identified does not meet the
criteria established in paragraph (2)(A). Such an
objection must be filed within 60 days or by such
later date set by the Prisoner Review Board in the
notice after the State's Attorney received notice
from the Prisoner Review Board.
(ii) In response to a written objection from a
State's Attorney, the Prisoner Review Board is
authorized to conduct a non-public hearing to
evaluate the information provided in the
objection.
(iii) The Prisoner Review Board shall make a
confidential and privileged recommendation to the
Governor as to whether to grant a pardon

HB4410 Engrossed - 47 - LRB103 36319 RLC 66417 b
authorizing expungement for each of the records
identified by the Department of State Police as
described in paragraph (2)(A).
(C) If an individual has been granted a pardon
authorizing expungement as described in this Section,
the Prisoner Review Board, through the Attorney
General, shall file a petition for expungement with
the Chief Judge of the circuit or any judge of the
circuit designated by the Chief Judge where the
individual had been convicted. Such petition may
include more than one individual. Whenever an
individual who has been convicted of an offense is
granted a pardon by the Governor that specifically
authorizes expungement, an objection to the petition
may not be filed. Petitions to expunge under this
subsection (i) may include more than one individual.
Within 90 days of the filing of such a petition, the
court shall enter an order expunging the records of
arrest from the official records of the arresting
authority and order that the records of the circuit
court clerk and the Illinois State Police be expunged
and the name of the defendant obliterated from the
official index requested to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for
the offense for which the individual had received a

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pardon but the order shall not affect any index issued
by the circuit court clerk before the entry of the
order. Upon entry of the order of expungement, the
circuit court clerk shall promptly provide a copy of
the order and a certificate of disposition to the
individual who was pardoned to the individual's last
known address or by electronic means (if available) or
otherwise make it available to the individual upon
request.
(D) Nothing in this Section is intended to
diminish or abrogate any rights or remedies otherwise
available to the individual.
(3) Any individual may file a motion to vacate and
expunge a conviction for a misdemeanor or Class 4 felony
violation of Section 4 or Section 5 of the Cannabis
Control Act. Motions to vacate and expunge under this
subsection (i) may be filed with the circuit court, Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge. The circuit court clerk
shall promptly serve a copy of the motion to vacate and
expunge, and any supporting documentation, on the State's
Attorney or prosecutor charged with the duty of
prosecuting the offense. When considering such a motion to
vacate and expunge, a court shall consider the following:
the reasons to retain the records provided by law
enforcement, the petitioner's age, the petitioner's age at

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

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

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

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use the access and review process, established in the
Illinois State Police, for verifying that his or her
records relating to Minor Cannabis Offenses of the
Cannabis Control Act eligible under this Section have been
expunged.
(9) No conviction vacated pursuant to this Section
shall serve as the basis for damages for time unjustly
served as provided in the Court of Claims Act.
(10) Effect of Expungement. A person's right to
expunge an expungeable offense shall not be limited under
this Section. The effect of an order of expungement shall
be to restore the person to the status he or she occupied
before the arrest, charge, or conviction.
(11) Information. The Illinois State Police shall post
general information on its website about the expungement
process described in this subsection (i).
(j) Felony Prostitution Convictions.
(1) Automatic Sealing of Felony Prostitution Arrests.
(A) The Illinois State Police and local law
enforcement agencies within the State shall
automatically seal the law enforcement records
relating to a person's Class 4 felony arrests and
charges not initiated by arrest for prostitution if
that arrest or charge not initiated by arrest is
eligible for sealing under paragraph (2) of subsection
(c).

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(B) In the absence of a court order or upon the
order of a court, the clerk of the circuit court shall
automatically seal the court records and case files
relating to a person's Class 4 felony arrests and
charges not initiated by arrest for prostitution if
that arrest or charge not initiated by arrest is
eligible for sealing under paragraph (2) of subsection
(c).
(C) The automatic sealing described in this
paragraph (1) shall be completed no later than January
1, 2028.
(2) Automatic Sealing of Felony Prostitution
Convictions.
(A) The Illinois State Police and local law
enforcement agencies within the State shall
automatically seal the law enforcement records
relating to a person's Class 4 felony conviction for
prostitution if those records are eligible for sealing
under paragraph (2) of subsection (c).
(B) In the absence of a court order or upon the
order of a court, the clerk of the circuit court shall
automatically seal the court records relating to a
person's Class 4 felony conviction for prostitution if
those records are eligible for sealing under paragraph
(2) of subsection (c).
(C) The automatic sealing of records described in

HB4410 Engrossed - 54 - LRB103 36319 RLC 66417 b
this paragraph (2) shall be completed no later than
January 1, 2028.
(3) Motions to Vacate and Expunge Felony Prostitution
Convictions.
(1) Any individual may file a motion to vacate and
expunge a conviction for a prior Class 4 felony violation
of prostitution. Motions to vacate and expunge under this
subsection (j) may be filed with the circuit court, Chief
Judge of a judicial circuit, or any judge of the circuit
designated by the Chief Judge. When considering the motion
to vacate and expunge, a court shall consider the
following:
(A) the reasons to retain the records provided by
law enforcement;
(B) the petitioner's age;
(C) the petitioner's age at the time of offense;
and
(D) the time since the conviction, and the
specific adverse consequences if denied. An individual
may file the petition after the completion of any
sentence or condition imposed by the conviction.
Within 60 days of the filing of the motion, a State's
Attorney may file an objection to the petition along
with supporting evidence. If a motion to vacate and
expunge is granted, the records shall be expunged in
accordance with subparagraph (d)(9)(A) of this

HB4410 Engrossed - 55 - LRB103 36319 RLC 66417 b
Section. An agency providing civil legal aid, as
defined in Section 15 of the Public Interest Attorney
Assistance Act, assisting individuals seeking to file
a motion to vacate and expunge under this subsection
may file motions to vacate and expunge with the Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and the motion may
include more than one individual.
(4) (2) Any State's Attorney may file a motion to
vacate and expunge a conviction for a Class 4 felony
violation of prostitution. Motions to vacate and expunge
under this subsection (j) may be filed with the circuit
court, Chief Judge of a judicial circuit, or any judge of
the circuit court designated by the Chief Judge, and may
include more than one individual. When considering the
motion to vacate and expunge, a court shall consider the
following reasons:
(A) the reasons to retain the records provided by
law enforcement;
(B) the petitioner's age;
(C) the petitioner's age at the time of offense;
(D) the time since the conviction; and
(E) the specific adverse consequences if denied.
If the State's Attorney files a motion to vacate and
expunge records for felony prostitution convictions
pursuant to this Section, the State's Attorney shall

HB4410 Engrossed - 56 - LRB103 36319 RLC 66417 b
notify the Prisoner Review Board within 30 days of the
filing. If a motion to vacate and expunge is granted, the
records shall be expunged in accordance with subparagraph
(d)(9)(A) of this Section.
(5) (3) In the public interest, the State's Attorney
of a county has standing to file motions to vacate and
expunge pursuant to this Section in the circuit court with
jurisdiction over the underlying conviction.
(6) (4) The Illinois State Police shall allow a person
to a use the access and review process, established in the
Illinois State Police, for verifying that his or her
records relating to felony prostitution eligible under
this Section have been expunged.
(7) (5) No conviction vacated pursuant to this Section
shall serve as the basis for damages for time unjustly
served as provided in the Court of Claims Act.
(8) (6) Effect of Expungement. A person's right to
expunge an expungeable offense shall not be limited under
this Section. The effect of an order of expungement shall
be to restore the person to the status he or she occupied
before the arrest, charge, or conviction.
(9) (7) Information. The Illinois State Police shall
post general information on its website about the
expungement or sealing process described in this
subsection (j).
(Source: P.A. 102-145, eff. 7-23-21; 102-558, 8-20-21;

HB4410 Engrossed - 57 - LRB103 36319 RLC 66417 b
102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 102-933, eff.
1-1-23; 103-35, eff. 1-1-24; 103-154, eff. 6-30-23.)
Section 100. The Sex Offender Management Board Act is
amended by changing Section 10 as follows:
(20 ILCS 4026/10)
Sec. 10. Definitions. In this Act, unless the context
otherwise requires:
(a) "Board" means the Sex Offender Management Board
created in Section 15.
(b) "Sex offender" means any person who is convicted or
found delinquent in the State of Illinois, or under any
substantially similar federal law or law of another state, of
any sex offense or attempt of a sex offense as defined in
subsection (c) of this Section, or any former statute of this
State that defined a felony sex offense, or who has been
declared as a sexually dangerous person under the Sexually
Dangerous Persons Act or declared a sexually violent person
under the Sexually Violent Persons Commitment Act, or any
substantially similar federal law or law of another state.
(c) "Sex offense" means any felony or misdemeanor offense
described in this subsection (c) as follows:
(1) indecent solicitation of a child, in violation of
Section 11-6 of the Criminal Code of 1961 or the Criminal
Code of 2012;

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(2) indecent solicitation of an adult, in violation of
Section 11-6.5 of the Criminal Code of 1961 or the
Criminal Code of 2012;
(3) public indecency, in violation of Section 11-9 or
11-30 of the Criminal Code of 1961 or the Criminal Code of
2012;
(4) sexual exploitation of a child, in violation of
Section 11-9.1 of the Criminal Code of 1961 or the
Criminal Code of 2012;
(5) sexual relations within families, in violation of
Section 11-11 of the Criminal Code of 1961 or the Criminal
Code of 2012;
(6) promoting commercial sexual exploitation of a
child juvenile prostitution or soliciting for a sexually
exploited child juvenile prostitute, in violation of
Section 11-14.4 or 11-15.1 of the Criminal Code of 1961 or
the Criminal Code of 2012;
(7) promoting commercial sexual exploitation of a
child juvenile prostitution or keeping a place of
commercial sexual exploitation of a child juvenile
prostitution, in violation of Section 11-14.4 or 11-17.1
of the Criminal Code of 1961 or the Criminal Code of 2012;
(8) patronizing a sexually exploited child juvenile
prostitute, in violation of Section 11-18.1 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(9) promoting commercial sexual exploitation of a

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child juvenile prostitution or juvenile pimping, in
violation of Section 11-14.4 or 11-19.1 of the Criminal
Code of 1961 or the Criminal Code of 2012;
(10) promoting commercial sexual exploitation of a
child juvenile prostitution or exploitation of a child, in
violation of Section 11-14.4 or 11-19.2 of the Criminal
Code of 1961 or the Criminal Code of 2012;
(11) child pornography, in violation of Section
11-20.1 of the Criminal Code of 1961 or the Criminal Code
of 2012;
(11.5) aggravated child pornography, in violation of
Section 11-20.1B or 11-20.3 of the Criminal Code of 1961;
(12) harmful material, in violation of Section 11-21
of the Criminal Code of 1961 or the Criminal Code of 2012;
(13) criminal sexual assault, in violation of Section
11-1.20 or 12-13 of the Criminal Code of 1961 or the
Criminal Code of 2012;
(13.5) grooming, in violation of Section 11-25 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(14) aggravated criminal sexual assault, in violation
of Section 11-1.30 or 12-14 of the Criminal Code of 1961 or
the Criminal Code of 2012;
(14.5) traveling to meet a minor or traveling to meet
a child, in violation of Section 11-26 of the Criminal
Code of 1961 or the Criminal Code of 2012;
(15) predatory criminal sexual assault of a child, in

HB4410 Engrossed - 60 - LRB103 36319 RLC 66417 b
violation of Section 11-1.40 or 12-14.1 of the Criminal
Code of 1961 or the Criminal Code of 2012;
(16) criminal sexual abuse, in violation of Section
11-1.50 or 12-15 of the Criminal Code of 1961 or the
Criminal Code of 2012;
(17) aggravated criminal sexual abuse, in violation of
Section 11-1.60 or 12-16 of the Criminal Code of 1961 or
the Criminal Code of 2012;
(18) ritualized abuse of a child, in violation of
Section 12-33 of the Criminal Code of 1961 or the Criminal
Code of 2012;
(19) an attempt to commit any of the offenses
enumerated in this subsection (c); or
(20) any felony offense under Illinois law that is
sexually motivated.
(d) "Management" means treatment, and supervision of any
sex offender that conforms to the standards created by the
Board under Section 15.
(e) "Sexually motivated" means one or more of the facts of
the underlying offense indicates conduct that is of a sexual
nature or that shows an intent to engage in behavior of a
sexual nature.
(f) "Sex offender evaluator" means a person licensed under
the Sex Offender Evaluation and Treatment Provider Act to
conduct sex offender evaluations.
(g) "Sex offender treatment provider" means a person

HB4410 Engrossed - 61 - LRB103 36319 RLC 66417 b
licensed under the Sex Offender Evaluation and Treatment
Provider Act to provide sex offender treatment services.
(h) "Associate sex offender provider" means a person
licensed under the Sex Offender Evaluation and Treatment
Provider Act to provide sex offender evaluations and to
provide sex offender treatment under the supervision of a
licensed sex offender evaluator or a licensed sex offender
treatment provider.
(Source: P.A. 100-428, eff. 1-1-18.)
Section 105. The Counties Code is amended by changing
Section 5-10008 as follows:
(55 ILCS 5/5-10008) (from Ch. 34, par. 5-10008)
Sec. 5-10008. Prohibited persons. It shall be unlawful for
any known person engaged in the sex trade prostitute, male or
female procurer, vagrant, or intoxicated person to be present
at any dance hall or road house licensed under this Division.
(Source: P.A. 86-962.)
Section 110. The Private Employment Agency Act is amended
by changing Section 10 as follows:
(225 ILCS 515/10) (from Ch. 111, par. 910)
Sec. 10. Licensee prohibitions. No licensee shall send or
cause to be sent any female help or servants, inmate, or

HB4410 Engrossed - 62 - LRB103 36319 RLC 66417 b
performer to enter any questionable place, or place of bad
repute, house of ill-fame, or assignation house, or to any
house or place of amusement kept for immoral purposes, or
place resorted to for the purpose of prostitution or gambling
house, the character of which licensee knows either actually
or by reputation.
No licensee shall permit questionable characters, persons
engaged in the sex trade prostitutes, gamblers, intoxicated
persons, or procurers to frequent the agency.
No licensee shall accept any application for employment
made by or on behalf of any child, or shall place or assist in
placing any such child in any employment whatever, in
violation of the Child Labor Law. A violation of any provision
of this Section shall be a Class A misdemeanor.
No licensee shall publish or cause to be published any
fraudulent or misleading notice or advertisement of its
employment agencies by means of cards, circulars, or signs, or
in newspapers or other publications; and all letterheads,
receipts, and blanks shall contain the full name and address
of the employment agency and licensee shall state in all
notices and advertisements the fact that licensee is, or
conducts, a private employment agency.
No licensee shall print, publish, or paint on any sign or
window, or insert in any newspaper or publication, a name
similar to that of the Illinois Public Employment Office.
No licensee shall print or stamp on any receipt or on any

HB4410 Engrossed - 63 - LRB103 36319 RLC 66417 b
contract used by that agency any part of this Act, unless the
entire Section from which that part is taken is printed or
stamped thereon.
All written communications sent out by any licensee,
directly or indirectly, to any person or firm with regard to
employees or employment shall contain therein definite
information that such person is a private employment agency.
No licensee or his or her employees shall knowingly give
any false or misleading information, or make any false or
misleading promise to any applicant who shall apply for
employment or employees.
(Source: P.A. 90-372, eff. 7-1-98.)
Section 115. The Liquor Control Act of 1934 is amended by
changing Section 6-2 as follows:
(235 ILCS 5/6-2) (from Ch. 43, par. 120)
Sec. 6-2. Issuance of licenses to certain persons
prohibited.
(a) Except as otherwise provided in subsection (b) of this
Section and in paragraph (1) of subsection (a) of Section
3-12, no license of any kind issued by the State Commission or
any local commission shall be issued to:
(1) A person who is not a resident of any city, village
or county in which the premises covered by the license are
located; except in case of railroad or boat licenses.

HB4410 Engrossed - 64 - LRB103 36319 RLC 66417 b
(2) A person who is not of good character and
reputation in the community in which he resides.
(3) (Blank).
(4) A person who has been convicted of a felony under
any Federal or State law, unless the Commission determines
that such person will not be impaired by the conviction in
engaging in the licensed practice after considering
matters set forth in such person's application in
accordance with Section 6-2.5 of this Act and the
Commission's investigation.
(5) A person who has been convicted of keeping a place
of prostitution or keeping a place of commercial sexual
exploitation of a child juvenile prostitution, promoting
prostitution that involves keeping a place of
prostitution, or promoting commercial sexual exploitation
of a child juvenile prostitution that involves keeping a
place of commercial sexual exploitation of a child
juvenile prostitution.
(6) A person who has been convicted of pandering.
(7) A person whose license issued under this Act has
been revoked for cause.
(8) A person who at the time of application for
renewal of any license issued hereunder would not be
eligible for such license upon a first application.
(9) A copartnership, if any general partnership
thereof, or any limited partnership thereof, owning more

HB4410 Engrossed - 65 - LRB103 36319 RLC 66417 b
than 5% of the aggregate limited partner interest in such
copartnership would not be eligible to receive a license
hereunder for any reason other than residence within the
political subdivision, unless residency is required by
local ordinance.
(10) A corporation or limited liability company, if
any member, officer, manager or director thereof, or any
stockholder or stockholders owning in the aggregate more
than 5% of the stock of such corporation, would not be
eligible to receive a license hereunder for any reason
other than residence within the political subdivision.
(10a) A corporation or limited liability company
unless it is incorporated or organized in Illinois, or
unless it is a foreign corporation or foreign limited
liability company which is qualified under the Business
Corporation Act of 1983 or the Limited Liability Company
Act to transact business in Illinois. The Commission shall
permit and accept from an applicant for a license under
this Act proof prepared from the Secretary of State's
website that the corporation or limited liability company
is in good standing and is qualified under the Business
Corporation Act of 1983 or the Limited Liability Company
Act to transact business in Illinois.
(11) A person whose place of business is conducted by
a manager or agent unless the manager or agent possesses
the same qualifications required by the licensee.

HB4410 Engrossed - 66 - LRB103 36319 RLC 66417 b
(12) A person who has been convicted of a violation of
any Federal or State law concerning the manufacture,
possession or sale of alcoholic liquor, subsequent to the
passage of this Act or has forfeited his bond to appear in
court to answer charges for any such violation, unless the
Commission determines, in accordance with Section 6-2.5 of
this Act, that the person will not be impaired by the
conviction in engaging in the licensed practice.
(13) A person who does not beneficially own the
premises for which a license is sought, or does not have a
lease thereon for the full period for which the license is
to be issued.
(14) Any law enforcing public official, including
members of local liquor control commissions, any mayor,
alderperson, or member of the city council or commission,
any president of the village board of trustees, any member
of a village board of trustees, or any president or member
of a county board; and no such official shall have a direct
interest in the manufacture, sale, or distribution of
alcoholic liquor, except that a license may be granted to
such official in relation to premises that are not located
within the territory subject to the jurisdiction of that
official if the issuance of such license is approved by
the State Liquor Control Commission and except that a
license may be granted, in a city or village with a
population of 55,000 or less, to any alderperson, member

HB4410 Engrossed - 67 - LRB103 36319 RLC 66417 b
of a city council, or member of a village board of trustees
in relation to premises that are located within the
territory subject to the jurisdiction of that official if
(i) the sale of alcoholic liquor pursuant to the license
is incidental to the selling of food, (ii) the issuance of
the license is approved by the State Commission, (iii) the
issuance of the license is in accordance with all
applicable local ordinances in effect where the premises
are located, and (iv) the official granted a license does
not vote on alcoholic liquor issues pending before the
board or council to which the license holder is elected.
Notwithstanding any provision of this paragraph (14) to
the contrary, an alderperson or member of a city council
or commission, a member of a village board of trustees
other than the president of the village board of trustees,
or a member of a county board other than the president of a
county board may have a direct interest in the
manufacture, sale, or distribution of alcoholic liquor as
long as he or she is not a law enforcing public official, a
mayor, a village board president, or president of a county
board. To prevent any conflict of interest, the elected
official with the direct interest in the manufacture,
sale, or distribution of alcoholic liquor shall not
participate in any meetings, hearings, or decisions on
matters impacting the manufacture, sale, or distribution
of alcoholic liquor. Furthermore, the mayor of a city with

HB4410 Engrossed - 68 - LRB103 36319 RLC 66417 b
a population of 55,000 or less or the president of a
village with a population of 55,000 or less may have an
interest in the manufacture, sale, or distribution of
alcoholic liquor as long as the council or board over
which he or she presides has made a local liquor control
commissioner appointment that complies with the
requirements of Section 4-2 of this Act.
(15) A person who is not a beneficial owner of the
business to be operated by the licensee.
(16) A person who has been convicted of a gambling
offense as proscribed by any of subsections (a) (3)
through (a) (11) of Section 28-1 of, or as proscribed by
Section 28-1.1 or 28-3 of, the Criminal Code of 1961 or the
Criminal Code of 2012, or as proscribed by a statute
replaced by any of the aforesaid statutory provisions.
(17) A person or entity to whom a federal wagering
stamp has been issued by the federal government, unless
the person or entity is eligible to be issued a license
under the Raffles and Poker Runs Act or the Illinois Pull
Tabs and Jar Games Act.
(18) A person who intends to sell alcoholic liquors
for use or consumption on his or her licensed retail
premises who does not have liquor liability insurance
coverage for that premises in an amount that is at least
equal to the maximum liability amounts set out in
subsection (a) of Section 6-21.

HB4410 Engrossed - 69 - LRB103 36319 RLC 66417 b
(19) A person who is licensed by any licensing
authority as a manufacturer of beer, or any partnership,
corporation, limited liability company, or trust or any
subsidiary, affiliate, or agent thereof, or any other form
of business enterprise licensed as a manufacturer of beer,
having any legal, equitable, or beneficial interest,
directly or indirectly, in a person licensed in this State
as a distributor or importing distributor. For purposes of
this paragraph (19), a person who is licensed by any
licensing authority as a "manufacturer of beer" shall also
mean a brewer and a non-resident dealer who is also a
manufacturer of beer, including a partnership,
corporation, limited liability company, or trust or any
subsidiary, affiliate, or agent thereof, or any other form
of business enterprise licensed as a manufacturer of beer.
(20) A person who is licensed in this State as a
distributor or importing distributor, or any partnership,
corporation, limited liability company, or trust or any
subsidiary, affiliate, or agent thereof, or any other form
of business enterprise licensed in this State as a
distributor or importing distributor having any legal,
equitable, or beneficial interest, directly or indirectly,
in a person licensed as a manufacturer of beer by any
licensing authority, or any partnership, corporation,
limited liability company, or trust or any subsidiary,
affiliate, or agent thereof, or any other form of business

HB4410 Engrossed - 70 - LRB103 36319 RLC 66417 b
enterprise, except for a person who owns, on or after the
effective date of this amendatory Act of the 98th General
Assembly, no more than 5% of the outstanding shares of a
manufacturer of beer whose shares are publicly traded on
an exchange within the meaning of the Securities Exchange
Act of 1934. For the purposes of this paragraph (20), a
person who is licensed by any licensing authority as a
"manufacturer of beer" shall also mean a brewer and a
non-resident dealer who is also a manufacturer of beer,
including a partnership, corporation, limited liability
company, or trust or any subsidiary, affiliate, or agent
thereof, or any other form of business enterprise licensed
as a manufacturer of beer.
(b) A criminal conviction of a corporation is not grounds
for the denial, suspension, or revocation of a license applied
for or held by the corporation if the criminal conviction was
not the result of a violation of any federal or State law
concerning the manufacture, possession or sale of alcoholic
liquor, the offense that led to the conviction did not result
in any financial gain to the corporation and the corporation
has terminated its relationship with each director, officer,
employee, or controlling shareholder whose actions directly
contributed to the conviction of the corporation. The
Commission shall determine if all provisions of this
subsection (b) have been met before any action on the
corporation's license is initiated.

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(Source: P.A. 101-541, eff. 8-23-19; 102-15, eff. 6-17-21.)
Section 120. The Intergovernmental Missing Child Recovery
Act of 1984 is amended by changing Section 2 as follows:
(325 ILCS 40/2) (from Ch. 23, par. 2252)
Sec. 2. As used in this Act:
(a) (Blank).
(b) "Director" means the Director of the Illinois State
Police.
(c) "Unit of local government" is defined as in Article
VII, Section 1 of the Illinois Constitution and includes both
home rule units and units which are not home rule units. The
term is also defined to include all public school districts
subject to the provisions of the School Code.
(d) "Child" means a person under 21 years of age.
(e) A "LEADS terminal" is an interactive computerized
communication and processing unit which permits a direct
on-line communication with the Illinois State Police's central
data repository, the Law Enforcement Agencies Data System
(LEADS).
(f) A "primary contact agency" means a law enforcement
agency which maintains a LEADS terminal, or has immediate
access to one on a 24-hour-per-day, 7-day-per-week basis by
written agreement with another law enforcement agency.
(g) (Blank).

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(h) "Missing child" means any person under 21 years of age
whose whereabouts are unknown to his or her parents or legal
guardian.
(i) "Exploitation" means activities and actions which
include, but are not limited to, child pornography, aggravated
child pornography, commercial sexual exploitation of a child
child prostitution, child sexual abuse, drug and substance
abuse by children, and child suicide.
(j) (Blank).
(Source: P.A. 102-538, eff. 8-20-21.)
Section 125. 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

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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 a crash 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 crash, or shall start not more
than one year after the date of the crash, 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

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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 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,

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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 Code, or Section 14, 14A, or
14B of the Illinois Identification Card Act or a similar
offense in another state if, at the time of the offense,
the person held an Illinois driver's license or
identification card;
15. Has been convicted of violating Section 21-2 of
the Criminal Code of 1961 or the Criminal Code of 2012
relating to criminal trespass to vehicles if the person
exercised actual physical control over the vehicle during
the commission of the offense, 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. (Blank);
19. Has committed a violation of paragraph (a) or (b)
of Section 6-101 relating to driving without a driver's

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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 a crash
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 or the Criminal Code of 2012
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 or in
another state 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;

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26. Has altered or attempted to alter a license or has
possessed an altered license, identification card, or
permit;
27. (Blank);
28. Has been convicted for a first time 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. 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 sexually exploited child
juvenile prostitute, promoting commercial sexual

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exploitation of a child juvenile prostitution as described
in subdivision (a)(1), (a)(2), or (a)(3) of Section
11-14.4 of the Criminal Code of 1961 or the Criminal Code
of 2012, 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 of this Code or Section 5-16c of the Boat
Registration and Safety Act 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 or the Criminal Code of 2012

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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 or a similar provision of a local ordinance;
35. Has committed a violation of Section 11-1301.6 of
this Code or a similar provision of a local ordinance;
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 and the person was an occupant of a motor
vehicle at the time of the violation;
39. Has committed a second or subsequent violation of

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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 or a similar provision of a
local ordinance;
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 and the person was an
occupant of a motor vehicle at the time of the violation,
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;
45. Has, in connection with or during the course of a
formal hearing conducted under Section 2-118 of this Code:

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(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;
46. Has committed a violation of subsection (j) of
Section 3-413 of this Code;
47. Has committed a violation of subsection (a) of
Section 11-502.1 of this Code;
48. Has submitted a falsified or altered medical
examiner's certificate to the Secretary of State or
provided false information to obtain a medical examiner's
certificate;
49. Has been convicted of a violation of Section
11-1002 or 11-1002.5 that resulted in a Type A injury to
another, in which case the driving privileges of the
person shall be suspended for 12 months;
50. Has committed a violation of subsection (b-5) of
Section 12-610.2 that resulted in great bodily harm,
permanent disability, or disfigurement, in which case the
driving privileges of the person shall be suspended for 12
months;
51. Has committed a violation of Section 10-15 Of the
Cannabis Regulation and Tax Act or a similar provision of
a local ordinance while in a motor vehicle; or
52. Has committed a violation of subsection (b) of

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Section 10-20 of the Cannabis Regulation and Tax Act or a
similar provision of a local ordinance.
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

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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

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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,

HB4410 Engrossed - 85 - LRB103 36319 RLC 66417 b
elderly persons, or persons with disabilities 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.
(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 or the Criminal
Code of 2012, 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 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 or the Criminal Code
of 2012, where the use of alcohol or other drugs is
recited as an element of the offense, or a similar

HB4410 Engrossed - 86 - LRB103 36319 RLC 66417 b
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.
(B-5) If a person's license or permit is revoked or
suspended due to a conviction for a violation of
subparagraph (C) or (F) of paragraph (1) of subsection (d)
of Section 11-501 of this Code, or a similar provision of a
local ordinance or similar out-of-state offense, 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

HB4410 Engrossed - 87 - LRB103 36319 RLC 66417 b
of an occupational vehicle owned or leased by that
person's employer when used solely for employment
purposes. For any person who, within a 5-year period, is
convicted of a second or subsequent offense under Section
11-501 of this Code, or a similar provision of a local
ordinance or similar out-of-state offense, this employment
exemption does not apply until either a one-year period
has elapsed during which that person had his or her
driving privileges revoked or a one-year period has
elapsed during which that person had a restricted driving
permit which required the use of an ignition interlock
device on every motor vehicle owned or operated by that
person.
(E) In each case the Secretary may issue a restricted
driving permit for a period deemed appropriate, except
that all permits shall expire no later than 2 years from
the date of issuance. 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

HB4410 Engrossed - 88 - LRB103 36319 RLC 66417 b
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.
(F) A person subject to the provisions of paragraph 4
of subsection (b) of Section 6-208 of this Code may make
application for a restricted driving permit at a hearing
conducted under Section 2-118 of this Code after the
expiration of 5 years from the effective date of the most
recent revocation or after 5 years from the date of
release from a period of imprisonment resulting from a
conviction of the most recent offense, whichever is later,
provided the person, in addition to all other requirements
of the Secretary, shows by clear and convincing evidence:
(i) a minimum of 3 years of uninterrupted
abstinence from alcohol and the unlawful use or
consumption of cannabis under the Cannabis Control
Act, a controlled substance under the Illinois
Controlled Substances Act, an intoxicating compound
under the Use of Intoxicating Compounds Act, or
methamphetamine under the Methamphetamine Control and
Community Protection Act; and
(ii) the successful completion of any
rehabilitative treatment and involvement in any

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ongoing rehabilitative activity that may be
recommended by a properly licensed service provider
according to an assessment of the person's alcohol or
drug use under Section 11-501.01 of this Code.
In determining whether an applicant is eligible for a
restricted driving permit under this subparagraph (F), the
Secretary may consider any relevant evidence, including,
but not limited to, testimony, affidavits, records, and
the results of regular alcohol or drug tests. Persons
subject to the provisions of paragraph 4 of subsection (b)
of Section 6-208 of this Code and who have been convicted
of more than one violation of paragraph (3), paragraph
(4), or paragraph (5) of subsection (a) of Section 11-501
of this Code shall not be eligible to apply for a
restricted driving permit under this subparagraph (F).
A restricted driving permit issued under this
subparagraph (F) shall provide that the holder may only
operate motor vehicles equipped with an ignition interlock
device as required under paragraph (2) of subsection (c)
of Section 6-205 of this Code and subparagraph (A) of
paragraph 3 of subsection (c) of this Section. The
Secretary may revoke a restricted driving permit or amend
the conditions of a restricted driving permit issued under
this subparagraph (F) if the holder operates a vehicle
that is not equipped with an ignition interlock device, or
for any other reason authorized under this Code.

HB4410 Engrossed - 90 - LRB103 36319 RLC 66417 b
A restricted driving permit issued under this
subparagraph (F) shall be revoked, and the holder barred
from applying for or being issued a restricted driving
permit in the future, if the holder is convicted of a
violation of Section 11-501 of this Code, a similar
provision of a local ordinance, or a similar offense in
another state.
(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

HB4410 Engrossed - 91 - LRB103 36319 RLC 66417 b
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
Driver 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 CFR 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. 102-299, eff. 8-6-21; 102-558, eff. 8-20-21;
102-749, eff. 1-1-23; 102-813, eff. 5-13-22; 102-982, eff.
7-1-23; 103-154, eff. 6-30-23.)
Section 130. The Criminal Code of 2012 is amended by
changing Sections 3-6, 8-2, 11-0.1, 11-9.3, 11-14.3, 11-14.4,
11-18, 11-18.1, 33G-3, and 36-1 as follows:
(720 ILCS 5/3-6) (from Ch. 38, par. 3-6)

HB4410 Engrossed - 92 - LRB103 36319 RLC 66417 b
Sec. 3-6. Extended limitations. The period within which a
prosecution must be commenced under the provisions of Section
3-5 or other applicable statute is extended under the
following conditions:
(a) A prosecution for theft involving a breach of a
fiduciary obligation to the aggrieved person may be commenced
as follows:
(1) If the aggrieved person is a minor or a person
under legal disability, then during the minority or legal
disability or within one year after the termination
thereof.
(2) In any other instance, within one year after the
discovery of the offense by an aggrieved person, or by a
person who has legal capacity to represent an aggrieved
person or has a legal duty to report the offense, and is
not himself or herself a party to the offense; or in the
absence of such discovery, within one year after the
proper prosecuting officer becomes aware of the offense.
However, in no such case is the period of limitation so
extended more than 3 years beyond the expiration of the
period otherwise applicable.
(b) A prosecution for any offense based upon misconduct in
office by a public officer or employee may be commenced within
one year after discovery of the offense by a person having a
legal duty to report such offense, or in the absence of such
discovery, within one year after the proper prosecuting

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officer becomes aware of the offense. However, in no such case
is the period of limitation so extended more than 3 years
beyond the expiration of the period otherwise applicable.
(b-5) When the victim is under 18 years of age at the time
of the offense, a prosecution for involuntary servitude,
involuntary sexual servitude of a minor, or trafficking in
persons and related offenses under Section 10-9 of this Code
may be commenced within 25 years of the victim attaining the
age of 18 years.
(b-6) When the victim is 18 years of age or over at the
time of the offense, a prosecution for involuntary servitude,
involuntary sexual servitude of a minor, or trafficking in
persons and related offenses under Section 10-9 of this Code
may be commenced within 25 years after the commission of the
offense.
(b-7) When the victim is under 18 years of age at the time
of the offense, a prosecution for female genital mutilation
may be commenced at any time.
(c) (Blank).
(d) A prosecution for child pornography, aggravated child
pornography, indecent solicitation of a child, soliciting for
a sexually exploited child juvenile prostitute, juvenile
pimping, exploitation of a child, or promoting commercial
sexual exploitation of a child juvenile prostitution except
for keeping a place of commercial sexual exploitation of a
child juvenile prostitution may be commenced within one year

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of the victim attaining the age of 18 years. However, in no
such case shall the time period for prosecution expire sooner
than 3 years after the commission of the offense.
(e) Except as otherwise provided in subdivision (j), a
prosecution for any offense involving sexual conduct or sexual
penetration, as defined in Section 11-0.1 of this Code, where
the defendant was within a professional or fiduciary
relationship or a purported professional or fiduciary
relationship with the victim at the time of the commission of
the offense may be commenced within one year after the
discovery of the offense by the victim.
(f) A prosecution for any offense set forth in Section 44
of the Environmental Protection Act may be commenced within 5
years after the discovery of such an offense by a person or
agency having the legal duty to report the offense or in the
absence of such discovery, within 5 years after the proper
prosecuting officer becomes aware of the offense.
(f-5) A prosecution for any offense set forth in Section
16-30 of this Code may be commenced within 5 years after the
discovery of the offense by the victim of that offense.
(g) (Blank).
(h) (Blank).
(i) Except as otherwise provided in subdivision (j), a
prosecution for criminal sexual assault, aggravated criminal
sexual assault, or aggravated criminal sexual abuse may be
commenced at any time. If the victim consented to the

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collection of evidence using an Illinois State Police Sexual
Assault Evidence Collection Kit under the Sexual Assault
Survivors Emergency Treatment Act, it shall constitute
reporting for purposes of this Section.
Nothing in this subdivision (i) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
(i-5) A prosecution for armed robbery, home invasion,
kidnapping, or aggravated kidnaping may be commenced within 10
years of the commission of the offense if it arises out of the
same course of conduct and meets the criteria under one of the
offenses in subsection (i) of this Section.
(j) (1) When the victim is under 18 years of age at the
time of the offense, a prosecution for criminal sexual
assault, aggravated criminal sexual assault, predatory
criminal sexual assault of a child, aggravated criminal sexual
abuse, felony criminal sexual abuse, or female genital
mutilation may be commenced at any time.
(2) When in circumstances other than as described in
paragraph (1) of this subsection (j), when the victim is under
18 years of age at the time of the offense, a prosecution for
failure of a person who is required to report an alleged or
suspected commission of criminal sexual assault, aggravated
criminal sexual assault, predatory criminal sexual assault of
a child, aggravated criminal sexual abuse, or felony criminal
sexual abuse under the Abused and Neglected Child Reporting

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Act may be commenced within 20 years after the child victim
attains 18 years of age.
(3) When the victim is under 18 years of age at the time of
the offense, a prosecution for misdemeanor criminal sexual
abuse may be commenced within 10 years after the child victim
attains 18 years of age.
(4) Nothing in this subdivision (j) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
(j-5) A prosecution for armed robbery, home invasion,
kidnapping, or aggravated kidnaping may be commenced at any
time if it arises out of the same course of conduct and meets
the criteria under one of the offenses in subsection (j) of
this Section.
(k) (Blank).
(l) A prosecution for any offense set forth in Section
26-4 of this Code may be commenced within one year after the
discovery of the offense by the victim of that offense.
(l-5) A prosecution for any offense involving sexual
conduct or sexual penetration, as defined in Section 11-0.1 of
this Code, in which the victim was 18 years of age or older at
the time of the offense, may be commenced within one year after
the discovery of the offense by the victim when corroborating
physical evidence is available. The charging document shall
state that the statute of limitations is extended under this
subsection (l-5) and shall state the circumstances justifying

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the extension. Nothing in this subsection (l-5) shall be
construed to shorten a period within which a prosecution must
be commenced under any other provision of this Section or
Section 3-5 of this Code.
(m) The prosecution shall not be required to prove at
trial facts which extend the general limitations in Section
3-5 of this Code when the facts supporting extension of the
period of general limitations are properly pled in the
charging document. Any challenge relating to the extension of
the general limitations period as defined in this Section
shall be exclusively conducted under Section 114-1 of the Code
of Criminal Procedure of 1963.
(n) A prosecution for any offense set forth in subsection
(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the
Illinois Public Aid Code, in which the total amount of money
involved is $5,000 or more, including the monetary value of
food stamps and the value of commodities under Section 16-1 of
this Code may be commenced within 5 years of the last act
committed in furtherance of the offense.
(o) A prosecution for any offense based upon fraudulent
activity connected to COVID-19-related relief programs, to
include the Paycheck Protection Program, COVID-19 Economic
Injury Disaster Loan Program, and the Unemployment Benefit
Programs shall be commenced within 5 years after discovery of
the offense by a person having a legal duty to report such
offense, or in the absence of such discovery, within 5 years

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after the proper prosecuting officer becomes aware of the
offense. However, in no such case is the period of limitation
so extended more than 10 years beyond the expiration of the
period otherwise applicable.
(Source: P.A. 102-558, eff. 8-20-21; 103-184, eff. 1-1-24.)
(720 ILCS 5/8-2) (from Ch. 38, par. 8-2)
Sec. 8-2. Conspiracy.
(a) Elements of the offense. A person commits the offense
of conspiracy when, with intent that an offense be committed,
he or she agrees with another to the commission of that
offense. No person may be convicted of conspiracy to commit an
offense unless an act in furtherance of that agreement is
alleged and proved to have been committed by him or her or by a
co-conspirator.
(b) Co-conspirators. It is not a defense to conspiracy
that the person or persons with whom the accused is alleged to
have conspired:
(1) have not been prosecuted or convicted,
(2) have been convicted of a different offense,
(3) are not amenable to justice,
(4) have been acquitted, or
(5) lacked the capacity to commit an offense.
(c) Sentence.
(1) Except as otherwise provided in this subsection or
Code, a person convicted of conspiracy to commit:

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

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(B) aggravated insurance fraud (720 ILCS 5/46-3)
or aggravated governmental insurance fraud (720 ILCS
5/46-3).
(4) A person convicted of conspiracy to commit
insurance fraud (720 ILCS 5/46-3) or governmental entity
insurance fraud (720 ILCS 5/46-3) shall be sentenced for a
Class 2 felony.
(5) A person convicted of conspiracy to commit any of
the following offenses shall be sentenced for a Class 3
felony:
(A) soliciting for a person engaged in the sex
trade prostitute (720 ILCS 5/11-14.3(a)(1));
(B) pandering (720 ILCS 5/11-14.3(a)(2)(A) or
5/11-14.3(a)(2)(B));
(C) keeping a place of prostitution (720 ILCS
5/11-14.3(a)(1));
(D) pimping (720 ILCS 5/11-14.3(a)(2)(C));
(E) unlawful use of weapons under Section
24-1(a)(1) (720 ILCS 5/24-1(a)(1));
(F) unlawful use of weapons under Section
24-1(a)(7) (720 ILCS 5/24-1(a)(7));
(G) gambling (720 ILCS 5/28-1);
(H) keeping a gambling place (720 ILCS 5/28-3);
(I) registration of federal gambling stamps
violation (720 ILCS 5/28-4);
(J) look-alike substances violation (720 ILCS

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570/404);
(K) miscellaneous controlled substance violation
under Section 406(b) (720 ILCS 570/406(b)); or
(L) an inchoate offense related to any of the
principal offenses set forth in this item (5).
(Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11.)
(720 ILCS 5/11-0.1)
Sec. 11-0.1. Definitions. In this Article, unless the
context clearly requires otherwise, the following terms are
defined as indicated:
"Accused" means a person accused of an offense prohibited
by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of
this Code or a person for whose conduct the accused is legally
responsible under Article 5 of this Code.
"Adult obscenity or child pornography Internet site". See
Section 11-23.
"Advance prostitution" means:
(1) Soliciting for a person engaged in the sex trade
prostitute by performing any of the following acts when
acting other than as a person engaged in the sex trade
prostitute or a patron of a person engaged in the sex trade
prostitute:
(A) Soliciting another for the purpose of
prostitution.
(B) Arranging or offering to arrange a meeting of

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persons for the purpose of prostitution.
(C) Directing another to a place knowing the
direction is for the purpose of prostitution.
(2) Keeping a place of prostitution by controlling or
exercising control over the use of any place that could
offer seclusion or shelter for the practice of
prostitution and performing any of the following acts when
acting other than as a person engaged in the sex trade
prostitute or a patron of a person engaged in the sex trade
prostitute:
(A) Knowingly granting or permitting the use of
the place for the purpose of prostitution.
(B) Granting or permitting the use of the place
under circumstances from which he or she could
reasonably know that the place is used or is to be used
for purposes of prostitution.
(C) Permitting the continued use of the place
after becoming aware of facts or circumstances from
which he or she should reasonably know that the place
is being used for purposes of prostitution.
"Agency". See Section 11-9.5.
"Arranges". See Section 11-6.5.
"Bodily harm" means physical harm, and includes, but is
not limited to, sexually transmitted disease, pregnancy, and
impotence.
"Care and custody". See Section 11-9.5.

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"Child care institution". See Section 11-9.3.
"Child pornography". See Section 11-20.1.
"Child sex offender". See Section 11-9.3.
"Community agency". See Section 11-9.5.
"Conditional release". See Section 11-9.2.
"Consent" means a freely given agreement to the act of
sexual penetration or sexual conduct in question. Lack of
verbal or physical resistance or submission by the victim
resulting from the use of force or threat of force by the
accused shall not constitute consent. The manner of dress of
the victim at the time of the offense shall not constitute
consent.
"Custody". See Section 11-9.2.
"Day care center". See Section 11-9.3.
"Depict by computer". See Section 11-20.1.
"Depiction by computer". See Section 11-20.1.
"Disseminate". See Section 11-20.1.
"Distribute". See Section 11-21.
"Family member" means a parent, grandparent, child, aunt,
uncle, great-aunt, or great-uncle, whether by whole blood,
half-blood, or adoption, and includes a step-grandparent,
step-parent, or step-child. "Family member" also means, if the
victim is a child under 18 years of age, an accused who has
resided in the household with the child continuously for at
least 6 months.
"Force or threat of force" means the use of force or

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violence or the threat of force or violence, including, but
not limited to, the following situations:
(1) when the accused threatens to use force or
violence on the victim or on any other person, and the
victim under the circumstances reasonably believes that
the accused has the ability to execute that threat; or
(2) when the accused overcomes the victim by use of
superior strength or size, physical restraint, or physical
confinement.
"Harmful to minors". See Section 11-21.
"Loiter". See Section 9.3.
"Material". See Section 11-21.
"Minor". See Section 11-21.
"Nudity". See Section 11-21.
"Obscene". See Section 11-20.
"Part day child care facility". See Section 11-9.3.
"Penal system". See Section 11-9.2.
"Person responsible for the child's welfare". See Section
11-9.1A.
"Person with a disability". See Section 11-9.5.
"Playground". See Section 11-9.3.
"Probation officer". See Section 11-9.2.
"Produce". See Section 11-20.1.
"Profit from prostitution" means, when acting other than
as a person engaged in the sex trade prostitute, to receive
anything of value for personally rendered prostitution

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services or to receive anything of value from a person engaged
in the sex trade prostitute, if the thing received is not for
lawful consideration and the person knows it was earned in
whole or in part from the practice of prostitution.
"Public park". See Section 11-9.3.
"Public place". See Section 11-30.
"Reproduce". See Section 11-20.1.
"Sado-masochistic abuse". See Section 11-21.
"School". See Section 11-9.3.
"School official". See Section 11-9.3.
"Sexual abuse". See Section 11-9.1A.
"Sexual act". See Section 11-9.1.
"Sexual conduct" means any knowing touching or fondling by
the victim or the accused, either directly or through
clothing, of the sex organs, anus, or breast of the victim or
the accused, or any part of the body of a child under 13 years
of age, or any transfer or transmission of semen by the accused
upon any part of the clothed or unclothed body of the victim,
for the purpose of sexual gratification or arousal of the
victim or the accused.
"Sexual excitement". See Section 11-21.
"Sexual penetration" means any contact, however slight,
between the sex organ or anus of one person and an object or
the sex organ, mouth, or anus of another person, or any
intrusion, however slight, of any part of the body of one
person or of any animal or object into the sex organ or anus of

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another person, including, but not limited to, cunnilingus,
fellatio, or anal penetration. Evidence of emission of semen
is not required to prove sexual penetration.
"Solicit". See Section 11-6.
"State-operated facility". See Section 11-9.5.
"Supervising officer". See Section 11-9.2.
"Surveillance agent". See Section 11-9.2.
"Treatment and detention facility". See Section 11-9.2.
"Unable to give knowing consent" includes when the accused
administers any intoxicating or anesthetic substance, or any
controlled substance causing the victim to become unconscious
of the nature of the act and this condition was known, or
reasonably should have been known by the accused. "Unable to
give knowing consent" also includes when the victim has taken
an intoxicating substance or any controlled substance causing
the victim to become unconscious of the nature of the act, and
this condition was known or reasonably should have been known
by the accused, but the accused did not provide or administer
the intoxicating substance. As used in this paragraph,
"unconscious of the nature of the act" means incapable of
resisting because the victim meets any one of the following
conditions:
(1) was unconscious or asleep;
(2) was not aware, knowing, perceiving, or cognizant
that the act occurred;
(3) was not aware, knowing, perceiving, or cognizant

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of the essential characteristics of the act due to the
perpetrator's fraud in fact; or
(4) was not aware, knowing, perceiving, or cognizant
of the essential characteristics of the act due to the
perpetrator's fraudulent representation that the sexual
penetration served a professional purpose when it served
no professional purpose.
A victim is presumed "unable to give knowing consent" when
the victim:
(1) is committed to the care and custody or
supervision of the Illinois Department of Corrections
(IDOC) and the accused is an employee or volunteer who is
not married to the victim who knows or reasonably should
know that the victim is committed to the care and custody
or supervision of such department;
(2) is committed to or placed with the Department of
Children and Family Services (DCFS) and in residential
care, and the accused employee is not married to the
victim, and knows or reasonably should know that the
victim is committed to or placed with DCFS and in
residential care;
(3) is a client or patient and the accused is a health
care provider or mental health care provider and the
sexual conduct or sexual penetration occurs during a
treatment session, consultation, interview, or
examination;

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(4) is a resident or inpatient of a residential
facility and the accused is an employee of the facility
who is not married to such resident or inpatient who
provides direct care services, case management services,
medical or other clinical services, habilitative services
or direct supervision of the residents in the facility in
which the resident resides; or an officer or other
employee, consultant, contractor or volunteer of the
residential facility, who knows or reasonably should know
that the person is a resident of such facility; or
(5) is detained or otherwise in the custody of a
police officer, peace officer, or other law enforcement
official who: (i) is detaining or maintaining custody of
such person; or (ii) knows, or reasonably should know,
that at the time of the offense, such person was detained
or in custody and the police officer, peace officer, or
other law enforcement official is not married to such
detainee.
"Victim" means a person alleging to have been subjected to
an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40,
11-1.50, or 11-1.60 of this Code.
(Source: P.A. 102-567, eff. 1-1-22; 102-1096, eff. 1-1-23.)
(720 ILCS 5/11-9.3)
Sec. 11-9.3. Presence within school zone by child sex
offenders prohibited; approaching, contacting, residing with,

HB4410 Engrossed - 109 - LRB103 36319 RLC 66417 b
or communicating with a child within certain places by child
sex offenders prohibited.
(a) It is unlawful for a child sex offender to knowingly be
present in any school building, on real property comprising
any school, or in any conveyance owned, leased, or contracted
by a school to transport students to or from school or a school
related activity when persons under the age of 18 are present
in the building, on the grounds or in the conveyance, unless
the offender is a parent or guardian of a student attending the
school and the parent or guardian is: (i) attending a
conference at the school with school personnel to discuss the
progress of his or her child academically or socially, (ii)
participating in child review conferences in which evaluation
and placement decisions may be made with respect to his or her
child regarding special education services, or (iii) attending
conferences to discuss other student issues concerning his or
her child such as retention and promotion and notifies the
principal of the school of his or her presence at the school or
unless the offender has permission to be present from the
superintendent or the school board or in the case of a private
school from the principal. In the case of a public school, if
permission is granted, the superintendent or school board
president must inform the principal of the school where the
sex offender will be present. Notification includes the nature
of the sex offender's visit and the hours in which the sex
offender will be present in the school. The sex offender is

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responsible for notifying the principal's office when he or
she arrives on school property and when he or she departs from
school property. If the sex offender is to be present in the
vicinity of children, the sex offender has the duty to remain
under the direct supervision of a school official.
(a-5) It is unlawful for a child sex offender to knowingly
be present within 100 feet of a site posted as a pick-up or
discharge stop for a conveyance owned, leased, or contracted
by a school to transport students to or from school or a school
related activity when one or more persons under the age of 18
are present at the site.
(a-10) It is unlawful for a child sex offender to
knowingly be present in any public park building, a playground
or recreation area within any publicly accessible privately
owned building, or on real property comprising any public park
when persons under the age of 18 are present in the building or
on the grounds and to approach, contact, or communicate with a
child under 18 years of age, unless the offender is a parent or
guardian of a person under 18 years of age present in the
building or on the grounds.
(b) It is unlawful for a child sex offender to knowingly
loiter within 500 feet of a school building or real property
comprising any school while persons under the age of 18 are
present in the building or on the grounds, unless the offender
is a parent or guardian of a student attending the school and
the parent or guardian is: (i) attending a conference at the

HB4410 Engrossed - 111 - LRB103 36319 RLC 66417 b
school with school personnel to discuss the progress of his or
her child academically or socially, (ii) participating in
child review conferences in which evaluation and placement
decisions may be made with respect to his or her child
regarding special education services, or (iii) attending
conferences to discuss other student issues concerning his or
her child such as retention and promotion and notifies the
principal of the school of his or her presence at the school or
has permission to be present from the superintendent or the
school board or in the case of a private school from the
principal. In the case of a public school, if permission is
granted, the superintendent or school board president must
inform the principal of the school where the sex offender will
be present. Notification includes the nature of the sex
offender's visit and the hours in which the sex offender will
be present in the school. The sex offender is responsible for
notifying the principal's office when he or she arrives on
school property and when he or she departs from school
property. If the sex offender is to be present in the vicinity
of children, the sex offender has the duty to remain under the
direct supervision of a school official.
(b-2) It is unlawful for 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 while
persons under the age of 18 are present in the building or on
the grounds and to approach, contact, or communicate with a

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child under 18 years of age, unless the offender is a parent or
guardian of a person under 18 years of age present in the
building or on the grounds.
(b-5) It is unlawful for a child sex offender to knowingly
reside within 500 feet of a school building or the real
property comprising any school that persons under the age of
18 attend. Nothing in this subsection (b-5) prohibits a child
sex offender from residing within 500 feet of a school
building or the real property comprising any school that
persons under 18 attend if the property is owned by the child
sex offender and was purchased before July 7, 2000 (the
effective date of Public Act 91-911).
(b-10) It is unlawful for a child sex offender to
knowingly reside within 500 feet of a playground, child care
institution, day care center, part day child care facility,
day care home, group day care home, or a facility providing
programs or services exclusively directed toward persons under
18 years of age. Nothing in this subsection (b-10) prohibits a
child sex offender from residing within 500 feet of a
playground or a facility providing programs or services
exclusively directed toward persons under 18 years of age if
the property is owned by the child sex offender and was
purchased before July 7, 2000. Nothing in this subsection
(b-10) prohibits a child sex offender from residing within 500
feet of a child care institution, day care center, or part day
child care facility if the property is owned by the child sex

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offender and was purchased before June 26, 2006. Nothing in
this subsection (b-10) prohibits a child sex offender from
residing within 500 feet of a day care home or group day care
home if the property is owned by the child sex offender and was
purchased before August 14, 2008 (the effective date of Public
Act 95-821).
(b-15) It is unlawful for a child sex offender to
knowingly reside within 500 feet of the victim of the sex
offense. Nothing in this subsection (b-15) prohibits a child
sex offender from residing within 500 feet of the victim if the
property in which the child sex offender resides is owned by
the child sex offender and was purchased before August 22,
2002.
This subsection (b-15) does not apply if the victim of the
sex offense is 21 years of age or older.
(b-20) It is unlawful for a child sex offender to
knowingly communicate, other than for a lawful purpose under
Illinois law, using the Internet or any other digital media,
with a person under 18 years of age or with a person whom he or
she believes to be a person under 18 years of age, unless the
offender is a parent or guardian of the person under 18 years
of age.
(c) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, volunteer at, be associated
with, or knowingly be present at any: (i) facility providing
programs or services exclusively directed toward persons under

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the age of 18; (ii) day care center; (iii) part day child care
facility; (iv) child care institution; (v) school providing
before and after school programs for children under 18 years
of age; (vi) day care home; or (vii) group day care home. This
does not prohibit a child sex offender from owning the real
property upon which the programs or services are offered or
upon which the day care center, part day child care facility,
child care institution, or school providing before and after
school programs for children under 18 years of age is located,
provided the child sex offender refrains from being present on
the premises for the hours during which: (1) the programs or
services are being offered or (2) the day care center, part day
child care facility, child care institution, or school
providing before and after school programs for children under
18 years of age, day care home, or group day care home is
operated.
(c-2) It is unlawful for a child sex offender to
participate in a holiday event involving children under 18
years of age, including but not limited to 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. For the purposes of this
subsection, child sex offender has the meaning as defined in
this Section, but does not include as a sex offense under
paragraph (2) of subsection (d) of this Section, the offense

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under subsection (c) of Section 11-1.50 of this Code. This
subsection does not apply to a child sex offender who is a
parent or guardian of children under 18 years of age that are
present in the home and other non-familial minors are not
present.
(c-5) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, or be associated with any
carnival, amusement enterprise, or county or State fair when
persons under the age of 18 are present.
(c-6) It is unlawful for a child sex offender who owns and
resides at residential real estate to knowingly rent any
residential unit within the same building in which he or she
resides to a person who is the parent or guardian of a child or
children under 18 years of age. This subsection shall apply
only to leases or other rental arrangements entered into after
January 1, 2009 (the effective date of Public Act 95-820).
(c-7) It is unlawful for a child sex offender to knowingly
offer or provide any programs or services to persons under 18
years of age in his or her residence or the residence of
another or in any facility for the purpose of offering or
providing such programs or services, whether such programs or
services are offered or provided by contract, agreement,
arrangement, or on a volunteer basis.
(c-8) It is unlawful for a child sex offender to knowingly
operate, whether authorized to do so or not, any of the
following vehicles: (1) a vehicle which is specifically

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designed, constructed or modified and equipped to be used for
the retail sale of food or beverages, including but not
limited to an ice cream truck; (2) an authorized emergency
vehicle; or (3) a rescue vehicle.
(d) Definitions. In this Section:
(1) "Child sex offender" means any person who:
(i) has been charged under Illinois law, or any
substantially similar federal law or law of another
state, with a sex offense set forth in paragraph (2) of
this subsection (d) or the attempt to commit an
included sex offense, and the victim is a person under
18 years of age at the time of the 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 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

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offense; or
(E) is found not guilty by reason of insanity
following a hearing conducted pursuant to a
federal law or the law of another state
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 law or the law of another state
substantially similar to subsection (a) of Section
104-25 of the Code of Criminal Procedure of 1963
for the alleged violation or attempted commission
of such offense; or
(ii) is certified as a sexually dangerous person
pursuant to the Illinois Sexually Dangerous Persons
Act, or any substantially similar federal law or the
law of another state, when any conduct giving rise to
such certification is committed or attempted against a
person less than 18 years of age; or
(iii) is subject to the provisions of Section 2 of
the Interstate Agreements on Sexually Dangerous
Persons Act.
Convictions that result from or are connected with the
same act, or result from offenses committed at the same

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time, shall be counted for the purpose of this Section as
one conviction. Any conviction set aside pursuant to law
is not a conviction for purposes of this Section.
(2) Except as otherwise provided in paragraph (2.5),
"sex offense" means:
(i) A violation of any of the following Sections
of the Criminal Code of 1961 or the Criminal Code of
2012: 10-4 (forcible detention), 10-7 (aiding or
abetting child abduction under Section 10-5(b)(10)),
10-5(b)(10) (child luring), 11-1.40 (predatory
criminal sexual assault of a child), 11-6 (indecent
solicitation of a child), 11-6.5 (indecent
solicitation of an adult), 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), 11-11 (sexual relations within families),
11-14.3(a)(1) (promoting prostitution by advancing
prostitution), 11-14.3(a)(2)(A) (promoting
prostitution by profiting from prostitution by
compelling a person to be a person engaged in the sex
trade prostitute), 11-14.3(a)(2)(C) (promoting
prostitution by profiting from prostitution by means
other than as described in subparagraphs (A) and (B)
of paragraph (2) of subsection (a) of Section
11-14.3), 11-14.4 (promoting commercial sexual
exploitation of a child juvenile prostitution),

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11-18.1 (patronizing a sexually exploited child
juvenile prostitute), 11-20.1 (child pornography),
11-20.1B (aggravated child pornography), 11-21
(harmful material), 11-25 (grooming), 11-26 (traveling
to meet a minor or traveling to meet a child), 12-33
(ritualized abuse of a child), 11-20 (obscenity) (when
that offense was committed in any school, on real
property comprising any school, in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related
activity, or in a public park), 11-30 (public
indecency) (when committed in a school, on real
property comprising a school, in any conveyance owned,
leased, or contracted by a school to transport
students to or from school or a school related
activity, or in a public park). An attempt to commit
any of these offenses.
(ii) A violation of any of the following Sections
of the Criminal Code of 1961 or the Criminal Code of
2012, when the victim is a person under 18 years of
age: 11-1.20 (criminal sexual assault), 11-1.30
(aggravated criminal sexual assault), 11-1.50
(criminal sexual abuse), 11-1.60 (aggravated criminal
sexual abuse). An attempt to commit any of these
offenses.
(iii) A violation of any of the following Sections

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of the Criminal Code of 1961 or the Criminal Code of
2012, when the victim is a person under 18 years of age
and 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),
11-9.1(A) (permitting sexual abuse of a child).
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
clause (2)(i) or (2)(ii) of subsection (d) of this
Section.
(2.5) For the purposes of subsections (b-5) and (b-10)
only, a sex offense means:
(i) A violation of any of the following Sections
of the Criminal Code of 1961 or the Criminal Code of
2012:
10-5(b)(10) (child luring), 10-7 (aiding or
abetting child abduction under Section 10-5(b)(10)),
11-1.40 (predatory criminal sexual assault of a
child), 11-6 (indecent solicitation of a child),
11-6.5 (indecent solicitation of an adult), 11-9.2
(custodial sexual misconduct), 11-9.5 (sexual
misconduct with a person with a disability), 11-11
(sexual relations within families), 11-14.3(a)(1)

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(promoting prostitution by advancing prostitution),
11-14.3(a)(2)(A) (promoting prostitution by profiting
from prostitution by compelling a person to be a
person engaged in the sex trade prostitute),
11-14.3(a)(2)(C) (promoting prostitution by profiting
from prostitution by means other than as described in
subparagraphs (A) and (B) of paragraph (2) of
subsection (a) of Section 11-14.3), 11-14.4 (promoting
commercial sexual exploitation of a child juvenile
prostitution), 11-18.1 (patronizing a sexually
exploited child juvenile prostitute), 11-20.1 (child
pornography), 11-20.1B (aggravated child pornography),
11-25 (grooming), 11-26 (traveling to meet a minor or
traveling to meet 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 or the Criminal Code of
2012, when the victim is a person under 18 years of
age: 11-1.20 (criminal sexual assault), 11-1.30
(aggravated criminal sexual assault), 11-1.60
(aggravated criminal sexual abuse), and subsection (a)
of Section 11-1.50 (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 or the Criminal Code of

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2012, when the victim is a person under 18 years of age
and 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),
11-9.1(A) (permitting sexual abuse of a child).
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
paragraph (2.5) of this subsection.
(3) A conviction for an offense of federal law or the
law of another state that is substantially equivalent to
any offense listed in paragraph (2) of subsection (d) of
this Section shall constitute a conviction for the purpose
of this Section. 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
the purposes of this Section.
(4) "Authorized emergency vehicle", "rescue vehicle",
and "vehicle" have the meanings ascribed to them in
Sections 1-105, 1-171.8 and 1-217, respectively, of the
Illinois Vehicle Code.
(5) "Child care institution" has the meaning ascribed
to it in Section 2.06 of the Child Care Act of 1969.

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(6) "Day care center" has the meaning ascribed to it
in Section 2.09 of the Child Care Act of 1969.
(7) "Day care home" has the meaning ascribed to it in
Section 2.18 of the Child Care Act of 1969.
(8) "Facility providing programs or services directed
towards persons under the age of 18" means any facility
providing programs or services exclusively directed
towards persons under the age of 18.
(9) "Group day care home" has the meaning ascribed to
it in Section 2.20 of the Child Care Act of 1969.
(10) "Internet" has the meaning set forth in Section
16-0.1 of this Code.
(11) "Loiter" means:
(i) Standing, sitting idly, whether or not the
person is in a vehicle, or remaining in or around
school or public park property.
(ii) Standing, sitting idly, whether or not the
person is in a vehicle, or remaining in or around
school or public park property, for the purpose of
committing or attempting to commit a sex offense.
(iii) Entering or remaining in a building in or
around school property, other than the offender's
residence.
(12) "Part day child care facility" has the meaning
ascribed to it in Section 2.10 of the Child Care Act of
1969.

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(13) "Playground" means a piece of land owned or
controlled by a unit of local government that is
designated by the unit of local government for use solely
or primarily for children's recreation.
(14) "Public park" includes a park, forest preserve,
bikeway, trail, or conservation area under the
jurisdiction of the State or a unit of local government.
(15) "School" means a public or private preschool or
elementary or secondary school.
(16) "School official" means the principal, a teacher,
or any other certified employee of the school, the
superintendent of schools or a member of the school board.
(e) For the purposes of this Section, the 500 feet
distance shall be measured from: (1) the edge of the property
of the school building or the real property comprising the
school that is closest to the edge of the property of the child
sex offender's residence or where he or she is loitering, and
(2) the edge of the property comprising the public park
building or the real property comprising the public park,
playground, child care institution, day care center, part day
child care facility, or facility providing programs or
services exclusively directed toward persons under 18 years of
age, or a victim of the sex offense who is under 21 years of
age, to the edge of the child sex offender's place of residence
or place where he or she is loitering.
(f) Sentence. A person who violates this Section is guilty

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of a Class 4 felony.
(Source: P.A. 102-997, eff. 1-1-23.)
(720 ILCS 5/11-14.3)
Sec. 11-14.3. Promoting prostitution.
(a) Any person who knowingly performs any of the following
acts commits promoting prostitution:
(1) advances prostitution as defined in Section
11-0.1;
(2) profits from prostitution by:
(A) compelling a person to become a person engaged
in the sex trade prostitute;
(B) arranging or offering to arrange a situation
in which a person may practice prostitution; or
(C) any means other than those described in
subparagraph (A) or (B), including from a person who
patronizes a person engaged in the sex trade
prostitute. This paragraph (C) does not apply to a
person engaged in prostitution who is under 18 years
of age. A person cannot be convicted of promoting
prostitution under this paragraph (C) if the practice
of prostitution underlying the offense consists
exclusively of the accused's own acts of prostitution
under Section 11-14 of this Code.
(b) Sentence.
(1) A violation of subdivision (a)(1) is a Class 4

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felony, unless committed within 1,000 feet of real
property comprising a school, in which case it is a Class 3
felony. A second or subsequent violation of subdivision
(a)(1), or any combination of convictions under
subdivision (a)(1), (a)(2)(A), or (a)(2)(B) and Section
11-14 (prostitution), 11-14.1 (solicitation of a sexual
act), 11-14.4 (promoting commercial sexual exploitation of
a child juvenile prostitution), 11-15 (soliciting for a
person engaged in the sex trade prostitute), 11-15.1
(soliciting for a sexually exploited child juvenile
prostitute), 11-16 (pandering), 11-17 (keeping a place of
prostitution), 11-17.1 (keeping a place of commercial
sexual exploitation of a child juvenile prostitution),
11-18 (patronizing a person engaged in the sex trade
prostitute), 11-18.1 (patronizing a sexually exploited
child juvenile prostitute), 11-19 (pimping), 11-19.1
(juvenile pimping or aggravated juvenile pimping), or
11-19.2 (exploitation of a child), is a Class 3 felony.
(2) A violation of subdivision (a)(2)(A) or (a)(2)(B)
is a Class 4 felony, unless committed within 1,000 feet of
real property comprising a school, in which case it is a
Class 3 felony.
(3) A violation of subdivision (a)(2)(C) is a Class 4
felony, unless committed within 1,000 feet of real
property comprising a school, in which case it is a Class 3
felony. A second or subsequent violation of subdivision

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(a)(2)(C), or any combination of convictions under
subdivision (a)(2)(C) and subdivision (a)(1), (a)(2)(A),
or (a)(2)(B) of this Section (promoting prostitution),
11-14 (prostitution), 11-14.1 (solicitation of a sexual
act), 11-14.4 (promoting commercial sexual exploitation of
a child juvenile prostitution), 11-15 (soliciting for a
person engaged in the sex trade prostitute), 11-15.1
(soliciting for a sexually exploited child juvenile
prostitute), 11-16 (pandering), 11-17 (keeping a place of
prostitution), 11-17.1 (keeping a place of commercial
sexual exploitation of a child juvenile prostitution),
11-18 (patronizing a person engaged in the sex trade
prostitute), 11-18.1 (patronizing a sexually exploited
child juvenile prostitute), 11-19 (pimping), 11-19.1
(juvenile pimping or aggravated juvenile pimping), or
11-19.2 (exploitation of a child), is a Class 3 felony.
If the court imposes a fine under this subsection (b), it
shall be collected and distributed to the Specialized Services
for Survivors of Human Trafficking Fund in accordance with
Section 5-9-1.21 of the Unified Code of Corrections.
(Source: P.A. 98-1013, eff. 1-1-15.)
(720 ILCS 5/11-14.4)
Sec. 11-14.4. Promoting commercial sexual exploitation of
a child juvenile prostitution.
(a) Any person who knowingly performs any of the following

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acts commits promoting commercial sexual exploitation of a
child 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 a person with a severe or profound
intellectual disability at the time of the offense;
(2) profits from prostitution by any means where the
person engaged in the sex trade prostituted person is a
sexually exploited child under 18 years of age or is a
person with a severe or profound intellectual disability
at the time of the offense;
(3) profits from prostitution by any means where the
sexually exploited child 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 person
with a severe or profound intellectual disability 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 the
person with a severe or profound intellectual disability,
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

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Protection Act and:
(A) compels the child or the person with a severe
or profound intellectual disability to engage in
prostitution;
(B) arranges a situation in which the child or the
person with a severe or profound intellectual
disability may practice prostitution; or
(C) profits from prostitution by the child or the
person with a severe or profound intellectual
disability.
(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 person with a severe or profound
intellectual disability 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 person engaged in the sex trade prostituted
person, it is an affirmative defense to a charge of promoting
commercial sexual exploitation of a child 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 person with a severe or
profound intellectual disability at the time of the act giving

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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 person engaged in the
sex trade prostitute), 11-15.1 (soliciting for a sexually
exploited child juvenile prostitute), 11-16 (pandering), 11-17
(keeping a place of prostitution), 11-17.1 (keeping a place of
commercial sexual exploitation of a child juvenile
prostitution), 11-18 (patronizing a person engaged in the sex
trade prostitute), 11-18.1 (patronizing a sexually exploited
child 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 commercial sexual
exploitation of a child juvenile prostitution by keeping a

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place of commercial sexual exploitation of a child 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, "person engaged in
the sex trade 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. 99-143, eff. 7-27-15.)
(720 ILCS 5/11-18) (from Ch. 38, par. 11-18)
Sec. 11-18. Patronizing a person engaged in the sex trade
prostitute.
(a) Any person who knowingly performs any of the following
acts with a person not his or her spouse commits patronizing a
person engaged in the sex trade prostitute:
(1) Engages in an act of sexual penetration as defined
in Section 11-0.1 of this Code with a person engaged in the
sex trade prostitute; or
(2) Enters or remains in a place of prostitution with
intent to engage in an act of sexual penetration as

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defined in Section 11-0.1 of this Code; or
(3) Engages in any touching or fondling with a person
engaged in the sex trade prostitute of the sex organs of
one person by the other person, with the intent to achieve
sexual arousal or gratification.
(b) Sentence.
Patronizing a person engaged in the sex trade prostitute
is a Class 4 felony, unless committed within 1,000 feet of real
property comprising a school, in which case it is a Class 3
felony. A 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
commercial sexual exploitation of a child juvenile
prostitution), 11-15 (soliciting for a person engaged in the
sex trade prostitute), 11-15.1 (soliciting for a sexually
exploited child juvenile prostitute), 11-16 (pandering), 11-17
(keeping a place of prostitution), 11-17.1 (keeping a place of
commercial sexual exploitation of a child juvenile
prostitution), 11-18.1 (patronizing a sexually exploited child
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 guilty of a Class 3
felony. If the court imposes a fine under this subsection (b),
it shall be collected and distributed to the Specialized

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Services for Survivors of Human Trafficking Fund in accordance
with Section 5-9-1.21 of the Unified Code of Corrections.
(c) (Blank).
(Source: P.A. 98-1013, eff. 1-1-15.)
(720 ILCS 5/11-18.1) (from Ch. 38, par. 11-18.1)
Sec. 11-18.1. Patronizing a sexually exploited child 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 who is
under 18 years of age engaged in prostitution who is under 18
years of age or is a person with a severe or profound
intellectual disability commits patronizing a sexually
exploited child minor engaged in prostitution.
(a-5) Any person who engages in any touching or fondling,
with a person engaged in prostitution who either is a sexually
exploited child under 18 years of age or is a person with a
severe or profound intellectual disability, of the sex organs
of one person by the other person, with the intent to achieve
sexual arousal or gratification, commits patronizing a
sexually exploited child minor engaged in prostitution.
(b) It is an affirmative defense to the charge of
patronizing a sexually exploited child 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 person
with a severe or profound intellectual disability at the time

HB4410 Engrossed - 134 - LRB103 36319 RLC 66417 b
of the act giving rise to the charge.
(c) Sentence. A person who commits patronizing a sexually
exploited child 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 commercial sexual
exploitation of a child juvenile prostitution), 11-15
(soliciting for a person engaged in the sex trade prostitute),
11-15.1 (soliciting for a sexually exploited child juvenile
prostitute), 11-16 (pandering), 11-17 (keeping a place of
prostitution), 11-17.1 (keeping a place of commercial sexual
exploitation of a child juvenile prostitution), 11-18
(patronizing a person engaged in the sex trade 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. 99-143, eff. 7-27-15.)
(720 ILCS 5/33G-3)

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(Section scheduled to be repealed on June 1, 2025)
Sec. 33G-3. Definitions. As used in this Article:
(a) "Another state" means any State of the United States
(other than the State of Illinois), or the District of
Columbia, or the Commonwealth of Puerto Rico, or any territory
or possession of the United States, or any political
subdivision, or any department, agency, or instrumentality
thereof.
(b) "Enterprise" includes:
(1) any partnership, corporation, association,
business or charitable trust, or other legal entity; and
(2) any group of individuals or other legal entities,
or any combination thereof, associated in fact although
not itself a legal entity. An association in fact must be
held together by a common purpose of engaging in a course
of conduct, and it may be associated together for purposes
that are both legal and illegal. An association in fact
must:
(A) have an ongoing organization or structure,
either formal or informal;
(B) the various members of the group must function
as a continuing unit, even if the group changes
membership by gaining or losing members over time; and
(C) have an ascertainable structure distinct from
that inherent in the conduct of a pattern of predicate
activity.

HB4410 Engrossed - 136 - LRB103 36319 RLC 66417 b
As used in this Article, "enterprise" includes licit and
illicit enterprises.
(c) "Labor organization" includes any organization, labor
union, craft union, or any voluntary unincorporated
association designed to further the cause of the rights of
union labor that is constituted for the purpose, in whole or in
part, of collective bargaining or of dealing with employers
concerning grievances, terms or conditions of employment, or
apprenticeships or applications for apprenticeships, or of
other mutual aid or protection in connection with employment,
including apprenticeships or applications for apprenticeships.
(d) "Operation or management" means directing or carrying
out the enterprise's affairs and is limited to any person who
knowingly serves as a leader, organizer, operator, manager,
director, supervisor, financier, advisor, recruiter, supplier,
or enforcer of an enterprise in violation of this Article.
(e) "Predicate activity" means any act that is a Class 2
felony or higher and constitutes a violation or violations of
any of the following provisions of the laws of the State of
Illinois (as amended or revised as of the date the activity
occurred or, in the instance of a continuing offense, the date
that charges under this Article are filed in a particular
matter in the State of Illinois) or any act under the law of
another jurisdiction for an offense that could be charged as a
Class 2 felony or higher in this State:
(1) under the Criminal Code of 1961 or the Criminal

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Code of 2012: 8-1.2 (solicitation of murder for hire), 9-1
(first degree murder), 9-3.3 (drug-induced homicide), 10-1
(kidnapping), 10-2 (aggravated kidnapping), 10-3.1
(aggravated unlawful restraint), 10-4 (forcible
detention), 10-5(b)(10) (child abduction), 10-9
(trafficking in persons, involuntary servitude, and
related offenses), 11-1.20 (criminal sexual assault),
11-1.30 (aggravated criminal sexual assault), 11-1.40
(predatory criminal sexual assault of a child), 11-1.60
(aggravated criminal sexual abuse), 11-6 (indecent
solicitation of a child), 11-6.5 (indecent solicitation of
an adult), 11-14.3(a)(2)(A) and (a)(2)(B) (promoting
prostitution), 11-14.4 (promoting commercial sexual
exploitation of a child juvenile prostitution), 11-18.1
(patronizing a sexually exploited child minor engaged in
prostitution; patronizing a sexually exploited child
juvenile prostitute), 12-3.05 (aggravated battery), 12-6.4
(criminal street gang recruitment), 12-6.5 (compelling
organization membership of persons), 12-7.3 (stalking),
12-7.4 (aggravated stalking), 12-7.5 (cyberstalking),
12-11 or 19-6 (home invasion), 12-11.1 or 18-6 (vehicular
invasion), 18-1 (robbery; aggravated robbery), 18-2 (armed
robbery), 18-3 (vehicular hijacking), 18-4 (aggravated
vehicular hijacking), 18-5 (aggravated robbery), 19-1
(burglary), 19-3 (residential burglary), 20-1 (arson;
residential arson; place of worship arson), 20-1.1

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(aggravated arson), 20-1.2 (residential arson), 20-1.3
(place of worship arson), 24-1.2 (aggravated discharge of
a firearm), 24-1.2-5 (aggravated discharge of a machine
gun or silencer equipped firearm), 24-1.8 (unlawful
possession of a firearm by a street gang member), 24-3.2
(unlawful discharge of firearm projectiles), 24-3.9
(aggravated possession of a stolen firearm), 24-3A
(gunrunning), 26-5 or 48-1 (dog-fighting), 29D-14.9
(terrorism), 29D-15 (soliciting support for terrorism),
29D-15.1 (causing a catastrophe), 29D-15.2 (possession of
a deadly substance), 29D-20 (making a terrorist threat),
29D-25 (falsely making a terrorist threat), 29D-29.9
(material support for terrorism), 29D-35 (hindering
prosecution of terrorism), 31A-1.2 (unauthorized
contraband in a penal institution), or 33A-3 (armed
violence);
(2) under the Cannabis Control Act: Sections 5
(manufacture or delivery of cannabis), 5.1 (cannabis
trafficking), or 8 (production or possession of cannabis
plants), provided the offense either involves more than
500 grams of any substance containing cannabis or involves
more than 50 cannabis sativa plants;
(3) under the Illinois Controlled Substances Act:
Sections 401 (manufacture or delivery of a controlled
substance), 401.1 (controlled substance trafficking), 405
(calculated criminal drug conspiracy), or 405.2 (street

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gang criminal drug conspiracy); or
(4) under the Methamphetamine Control and Community
Protection Act: Sections 15 (methamphetamine
manufacturing), or 55 (methamphetamine delivery).
(f) "Pattern of predicate activity" means:
(1) at least 3 occurrences of predicate activity that
are in some way related to each other and that have
continuity between them, and that are separate acts. Acts
are related to each other if they are not isolated events,
including if they have similar purposes, or results, or
participants, or victims, or are committed a similar way,
or have other similar distinguishing characteristics, or
are part of the affairs of the same enterprise. There is
continuity between acts if they are ongoing over a
substantial period, or if they are part of the regular way
some entity does business or conducts its affairs; and
(2) which occurs after the effective date of this
Article, and the last of which falls within 3 years
(excluding any period of imprisonment) after the first
occurrence of predicate activity.
(g) "Unlawful death" includes the following offenses:
under the Code of 1961 or the Criminal Code of 2012: Sections
9-1 (first degree murder) or 9-2 (second degree murder).
(Source: P.A. 97-686, eff. 6-11-12; 97-1150, eff. 1-25-13.)
(720 ILCS 5/36-1) (from Ch. 38, par. 36-1)

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Sec. 36-1. Property subject to forfeiture.
(a) Any vessel or watercraft, vehicle, or aircraft is
subject to forfeiture under this Article if the vessel or
watercraft, vehicle, or aircraft is 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:
(1) an offense prohibited by Section 9-1 (first degree
murder), Section 9-3 (involuntary manslaughter and
reckless homicide), Section 10-2 (aggravated kidnaping),
Section 11-1.20 (criminal sexual assault), Section 11-1.30
(aggravated criminal sexual assault), Section 11-1.40
(predatory criminal sexual assault of a child), subsection
(a) of Section 11-1.50 (criminal sexual abuse), subsection
(a), (c), or (d) of Section 11-1.60 (aggravated criminal
sexual abuse), Section 11-6 (indecent solicitation of a
child), Section 11-14.4 (promoting commercial sexual
exploitation of a child juvenile prostitution except for
keeping a place of commercial sexual exploitation of a
child juvenile prostitution), Section 11-20.1 (child
pornography), paragraph (a)(1), (a)(2), (a)(4), (b)(1),
(b)(2), (e)(1), (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or
(e)(7) of Section 12-3.05 (aggravated battery), Section
12-7.3 (stalking), Section 12-7.4 (aggravated stalking),
Section 16-1 (theft if the theft is of precious metal or of
scrap metal), subdivision (f)(2) or (f)(3) of Section
16-25 (retail theft), Section 18-2 (armed robbery),

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Section 19-1 (burglary), Section 19-2 (possession of
burglary tools), Section 19-3 (residential burglary),
Section 20-1 (arson; residential arson; place of worship
arson), Section 20-2 (possession of explosives or
explosive or incendiary devices), subdivision (a)(6) or
(a)(7) of Section 24-1 (unlawful use of weapons), Section
24-1.2 (aggravated discharge of a firearm), Section
24-1.2-5 (aggravated discharge of a machine gun or a
firearm equipped with a device designed or used for
silencing the report of a firearm), Section 24-1.5
(reckless discharge of a firearm), Section 28-1
(gambling), or Section 29D-15.2 (possession of a deadly
substance) of this Code;
(2) an offense prohibited by Section 21, 22, 23, 24 or
26 of the Cigarette Tax Act if the vessel or watercraft,
vehicle, or aircraft contains more than 10 cartons of such
cigarettes;
(3) an offense prohibited by Section 28, 29, or 30 of
the Cigarette Use Tax Act if the vessel or watercraft,
vehicle, or aircraft contains more than 10 cartons of such
cigarettes;
(4) an offense prohibited by Section 44 of the
Environmental Protection Act;
(5) an offense prohibited by Section 11-204.1 of the
Illinois Vehicle Code (aggravated fleeing or attempting to
elude a peace officer);

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(6) an offense prohibited by Section 11-501 of the
Illinois Vehicle Code (driving while under the influence
of alcohol or other drug or drugs, intoxicating compound
or compounds or any combination thereof) or a similar
provision of a local ordinance, and:
(A) during a period in which his or her driving
privileges are revoked or suspended if the revocation
or suspension was for:
(i) Section 11-501 (driving under the
influence of alcohol or other drug or drugs,
intoxicating compound or compounds or any
combination thereof),
(ii) Section 11-501.1 (statutory summary
suspension or revocation),
(iii) paragraph (b) of Section 11-401 (motor
vehicle crashes involving death or personal
injuries), or
(iv) reckless homicide as defined in Section
9-3 of this Code;
(B) 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

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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 crash 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;
(C) 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;
(D) he or she did not possess a valid driver's
license or permit or a valid restricted driving permit
or a valid judicial driving permit or a valid
monitoring device driving permit; or
(E) he or she knew or should have known that the
vehicle he or she was driving was not covered by a
liability insurance policy;
(7) an offense described in subsection (g) of Section
6-303 of the Illinois Vehicle Code;
(8) an offense described in subsection (e) of Section
6-101 of the Illinois Vehicle Code; or
(9)(A) operating a watercraft under the influence of
alcohol, other drug or drugs, intoxicating compound or

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compounds, or combination thereof under Section 5-16 of
the Boat Registration and Safety Act during a period in
which his or her privileges to operate a watercraft are
revoked or suspended and the revocation or suspension was
for operating a watercraft under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds,
or combination thereof; (B) operating a watercraft under
the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or combination thereof
and has been previously convicted of reckless homicide or
a similar provision of a law in another state relating to
reckless homicide in which the person was determined to
have been under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds, or combination
thereof as an element of the offense or the person has
previously been convicted of committing a violation of
operating a watercraft under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds,
or combination thereof and was involved in an 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; or (C) the
person committed a violation of operating a watercraft
under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or combination thereof
under Section 5-16 of the Boat Registration and Safety Act

HB4410 Engrossed - 145 - LRB103 36319 RLC 66417 b
or a similar provision for the third or subsequent time.
(b) 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 or watercraft, vehicles, and aircraft, and any such
equipment shall be deemed a vessel or watercraft, vehicle, or
aircraft for purposes of this Article.
(c) In addition, 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 (1),
(2), (3), or (4) of subsection (a) of this Section.
(d) 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

HB4410 Engrossed - 146 - LRB103 36319 RLC 66417 b
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.
(e) In addition, property subject to forfeiture under
Section 40 of the Illinois Streetgang Terrorism Omnibus
Prevention Act may be seized and forfeited under this Article.
(Source: P.A. 102-982, eff. 7-1-23.)
Section 140. The Code of Criminal Procedure of 1963 is
amended by changing Sections 108B-3, 111-8, 124B-10, 124B-100,
and 124B-300 as follows:

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(725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3)
Sec. 108B-3. Authorization for the interception of private
communication.
(a) The State's Attorney, or a person designated in
writing or by law to act for him and to perform his duties
during his absence or disability, may authorize, in writing,
an ex parte application to the chief judge of a court of
competent jurisdiction for an order authorizing the
interception of a private communication when no party has
consented to the interception and (i) the interception may
provide evidence of, or may assist in the apprehension of a
person who has committed, is committing or is about to commit,
a violation of Section 8-1(b) (solicitation of murder), 8-1.2
(solicitation of murder for hire), 9-1 (first degree murder),
10-9 (involuntary servitude, involuntary sexual servitude of a
minor, or trafficking in persons), paragraph (1), (2), or (3)
of subsection (a) of Section 11-14.4 (promoting commercial
sexual exploitation of a child juvenile prostitution),
subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3
(promoting prostitution), 11-15.1 (soliciting for a sexually
exploited child minor engaged in prostitution), 11-16
(pandering), 11-17.1 (keeping a place of commercial sexual
exploitation of a child juvenile prostitution), 11-18.1
(patronizing a sexually exploited child minor engaged in
prostitution), 11-19.1 (juvenile pimping and aggravated
juvenile pimping), or 29B-1 (money laundering) of the Criminal

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Code of 1961 or the Criminal Code of 2012, Section 401, 401.1
(controlled substance trafficking), 405, 405.1 (criminal drug
conspiracy) or 407 of the Illinois Controlled Substances Act
or any Section of the Methamphetamine Control and Community
Protection Act, a violation of Section 24-2.1, 24-2.2, 24-3,
24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection
24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10),
or 24-1(c) of the Criminal Code of 1961 or the Criminal Code of
2012 or conspiracy to commit money laundering or conspiracy to
commit first degree murder; (ii) in response to a clear and
present danger of imminent death or great bodily harm to
persons resulting from: (1) a kidnapping or the holding of a
hostage by force or the threat of the imminent use of force; or
(2) the occupation by force or the threat of the imminent use
of force of any premises, place, vehicle, vessel or aircraft;
(iii) to aid an investigation or prosecution of a civil action
brought under the Illinois Streetgang Terrorism Omnibus
Prevention Act when there is probable cause to believe the
interception of the private communication will provide
evidence that a streetgang is committing, has committed, or
will commit a second or subsequent gang-related offense or
that the interception of the private communication will aid in
the collection of a judgment entered under that Act; or (iv)
upon information and belief that a streetgang has committed,
is committing, or is about to commit a felony.
(b) The State's Attorney or a person designated in writing

HB4410 Engrossed - 149 - LRB103 36319 RLC 66417 b
or by law to act for the State's Attorney and to perform his or
her duties during his or her absence or disability, may
authorize, in writing, an ex parte application to the chief
judge of a circuit court for an order authorizing the
interception of a private communication when no party has
consented to the interception and the interception may provide
evidence of, or may assist in the apprehension of a person who
has committed, is committing or is about to commit, a
violation of an offense under Article 29D of the Criminal Code
of 1961 or the Criminal Code of 2012.
(b-1) Subsection (b) is inoperative on and after January
1, 2005.
(b-2) No conversations recorded or monitored pursuant to
subsection (b) shall be made inadmissible in a court of law by
virtue of subsection (b-1).
(c) As used in this Section, "streetgang" and
"gang-related" have the meanings ascribed to them in Section
10 of the Illinois Streetgang Terrorism Omnibus Prevention
Act.
(Source: P.A. 96-710, eff. 1-1-10; 96-1464, eff. 8-20-10;
97-897, eff. 1-1-13; 97-1150, eff. 1-25-13.)
(725 ILCS 5/111-8) (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,

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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 person engaged
in the sex trade prostitute, 11-14.4 that involves soliciting
for a sexually exploited child 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, 19-6, 21-1, 21-2, 21-3, or
26.5-2 of the Criminal Code of 1961 or the Criminal Code of
2012 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 of 1986, 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 of 1986, 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

HB4410 Engrossed - 151 - LRB103 36319 RLC 66417 b
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. 99-642, eff. 7-28-16.)
(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 10-9 or 10A-10 of the
Criminal Code of 1961 or the Criminal Code of 2012
(involuntary servitude; involuntary servitude of a minor;
or trafficking in persons).
(2) A violation of subdivision (a)(1) of Section
11-14.4 of the Criminal Code of 1961 or the Criminal Code
of 2012 (promoting commercial sexual exploitation of a
child juvenile prostitution) or a violation of Section
11-17.1 of the Criminal Code of 1961 (keeping a place of
commercial sexual exploitation of a child juvenile
prostitution).
(3) A violation of subdivision (a)(4) of Section
11-14.4 of the Criminal Code of 1961 or the Criminal Code
of 2012 (promoting commercial sexual exploitation of a
child juvenile prostitution) or a violation of Section
11-19.2 of the Criminal Code of 1961 (exploitation of a
child).

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(4) A second or subsequent violation of Section 11-20
of the Criminal Code of 1961 or the Criminal Code of 2012
(obscenity).
(5) A violation of Section 11-20.1 of the Criminal
Code of 1961 or the Criminal Code of 2012 (child
pornography).
(6) A violation of Section 11-20.1B or 11-20.3 of the
Criminal Code of 1961 (aggravated child pornography).
(6.5) A violation of Section 11-23.5 of the Criminal
Code of 2012.
(7) A violation of Section 12C-65 of the Criminal Code
of 2012 or Article 44 of the Criminal Code of 1961
(unlawful transfer of a telecommunications device to a
minor).
(8) A violation of Section 17-50 or Section 16D-5 of
the Criminal Code of 2012 or the Criminal Code of 1961
(computer fraud).
(9) A felony violation of Section 17-6.3 or Article
17B of the Criminal Code of 2012 or the Criminal Code of
1961 (WIC fraud).
(10) A felony violation of Section 48-1 of the
Criminal Code of 2012 or Section 26-5 of the Criminal Code
of 1961 (dog fighting).
(11) A violation of Article 29D of the Criminal Code
of 1961 or the Criminal Code of 2012 (terrorism).
(12) A felony violation of Section 4.01 of the Humane

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Care for Animals Act (animals in entertainment).
(Source: P.A. 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13;
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-1138, eff.
6-1-15.)
(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 or Section 10-9 of the
Criminal Code of 2012, "offense" means the offense of
involuntary servitude, involuntary servitude of a minor,
or trafficking in persons in violation of Section 10-9 or
10A-10 of those Codes.
(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 or the Criminal Code of 2012,
"offense" means the offense of promoting commercial sexual
exploitation of a child juvenile prostitution or keeping a
place of commercial sexual exploitation of a child
juvenile prostitution in violation of subdivision (a)(1)
of Section 11-14.4, or Section 11-17.1, of those Codes.
(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 or the Criminal Code of 2012,
"offense" means the offense of promoting commercial sexual

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exploitation of a child juvenile prostitution or
exploitation of a child in violation of subdivision (a)(4)
of Section 11-14.4, or Section 11-19.2, of those Codes.
(4) In the case of forfeiture authorized under Section
11-20 of the Criminal Code of 1961 or the Criminal Code of
2012, "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 or the Criminal Code
of 2012, "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 2012 or Article 44 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 or Article 44 of
those Codes.
(8) In the case of forfeiture authorized under Section
17-50 or 16D-5 of the Criminal Code of 1961 or the Criminal
Code of 2012, "offense" means the offense of computer
fraud in violation of Section 17-50 or 16D-5 of those

HB4410 Engrossed - 155 - LRB103 36319 RLC 66417 b
Codes.
(9) In the case of forfeiture authorized under Section
17-6.3 or Article 17B of the Criminal Code of 1961 or the
Criminal Code of 2012, "offense" means any felony
violation of Section 17-6.3 or Article 17B of those Codes.
(10) In the case of forfeiture authorized under
Section 29D-65 of the Criminal Code of 1961 or the
Criminal Code of 2012, "offense" means any offense under
Article 29D of that Code.
(11) In the case of forfeiture authorized under
Section 4.01 of the Humane Care for Animals Act, Section
26-5 of the Criminal Code of 1961, or Section 48-1 of the
Criminal Code of 2012, "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 in violation of the
Criminal Code of 1961, the Criminal Code of 2012, 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;
97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.

HB4410 Engrossed - 156 - LRB103 36319 RLC 66417 b
1-1-13; 97-1150, eff. 1-25-13.)
(725 ILCS 5/124B-300)
Sec. 124B-300. Persons and property subject to forfeiture.
A person who commits the offense of involuntary servitude,
involuntary servitude of a minor, or trafficking of persons
under Section 10A-10 or Section 10-9 of the Criminal Code of
1961 or the Criminal Code of 2012, promoting commercial sexual
exploitation of a child juvenile prostitution, keeping a place
of commercial sexual exploitation of a child juvenile
prostitution, or promoting prostitution that involves keeping
a place of prostitution under subsection (a)(1) or (a)(4) of
Section 11-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2
of the Criminal Code of 1961 or of the Criminal Code of 2012
shall forfeit to the State of Illinois any profits or proceeds
and any property he or she has acquired or maintained in
violation of Section 10A-10 or Section 10-9 of the Criminal
Code of 1961 or the Criminal Code of 2012, promoting
commercial sexual exploitation of a child juvenile
prostitution, keeping a place of commercial sexual
exploitation of a child juvenile prostitution, or promoting
prostitution that involves keeping a place of prostitution
under subsection (a)(1) or (a)(4) of Section 11-14.4 or under
Section 11-14.3, 11-17.1, or 11-19.2 of the Criminal Code of
1961 or of the Criminal Code of 2012 that the sentencing court
determines, after a forfeiture hearing under this Article, to

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have been acquired or maintained as a result of maintaining a
person in involuntary servitude or participating in
trafficking of persons.
(Source: P.A. 97-1150, eff. 1-25-13; 98-1013, eff. 1-1-15.)
Section 145. The Sexually Violent Persons Commitment Act
is amended by changing Section 40 as follows:
(725 ILCS 207/40)
Sec. 40. Commitment.
(a) If a court or jury determines that the person who is
the subject of a petition under Section 15 of this Act is a
sexually violent person, the court shall order the person to
be committed to the custody of the Department for control,
care and treatment until such time as the person is no longer a
sexually violent person.
(b)(1) The court shall enter an initial commitment order
under this Section pursuant to a hearing held as soon as
practicable after the judgment is entered that the person who
is the subject of a petition under Section 15 is a sexually
violent person. If the court lacks sufficient information to
make the determination required by paragraph (b)(2) of this
Section immediately after trial, it may adjourn the hearing
and order the Department to conduct a predisposition
investigation or a supplementary mental examination, or both,
to assist the court in framing the commitment order. If the

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Department's examining evaluator previously rendered an
opinion that the person who is the subject of a petition under
Section 15 does not meet the criteria to be found a sexually
violent person, then another evaluator shall conduct the
predisposition investigation and/or supplementary mental
examination. A supplementary mental examination under this
Section shall be conducted in accordance with Section 3-804 of
the Mental Health and Developmental Disabilities Code. The
State has the right to have the person evaluated by experts
chosen by the State.
(2) An order for commitment under this Section shall
specify either institutional care in a secure facility, as
provided under Section 50 of this Act, or conditional release.
In determining whether commitment shall be for institutional
care in a secure facility or for conditional release, the
court shall consider the nature and circumstances of the
behavior that was the basis of the allegation in the petition
under paragraph (b)(1) of Section 15, the person's mental
history and present mental condition, and what arrangements
are available to ensure that the person has access to and will
participate in necessary treatment. All treatment, whether in
institutional care, in a secure facility, or while on
conditional release, shall be conducted in conformance with
the standards developed under the Sex Offender Management
Board Act and conducted by a treatment provider licensed under
the Sex Offender Evaluation and Treatment Provider Act. The

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Department shall arrange for control, care and treatment of
the person in the least restrictive manner consistent with the
requirements of the person and in accordance with the court's
commitment order.
(3) If the court finds that the person is appropriate for
conditional release, the court shall notify the Department.
The Department shall prepare a plan that identifies the
treatment and services, if any, that the person will receive
in the community. The plan shall address the person's need, if
any, for supervision, counseling, medication, community
support services, residential services, vocational services,
and alcohol or other drug abuse treatment. The Department may
contract with a county health department, with another public
agency or with a private agency to provide the treatment and
services identified in the plan. The plan shall specify who
will be responsible for providing the treatment and services
identified in the plan. The plan shall be presented to the
court for its approval within 60 days after the court finding
that the person is appropriate for conditional release, unless
the Department and the person to be released request
additional time to develop the plan. The conditional release
program operated under this Section is not subject to the
provisions of the Mental Health and Developmental Disabilities
Confidentiality Act.
(4) An order for conditional release places the person in
the custody and control of the Department. A person on

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conditional release is subject to the conditions set by the
court and to the rules of the Department. Before a person is
placed on conditional release by the court under this Section,
the court shall so notify the municipal police department and
county sheriff for the municipality and county in which the
person will be residing. The notification requirement under
this Section does not apply if a municipal police department
or county sheriff submits to the court a written statement
waiving the right to be notified. Notwithstanding any other
provision in the Act, the person being supervised on
conditional release shall not reside at the same street
address as another sex offender being supervised on
conditional release under this Act, mandatory supervised
release, parole, aftercare release, probation, or any other
manner of supervision. If the Department alleges that a
released person has violated any condition or rule, or that
the safety of others requires that conditional release be
revoked, he or she may be taken into custody under the rules of
the Department.
At any time during which the person is on conditional
release, if the Department determines that the person has
violated any condition or rule, or that the safety of others
requires that conditional release be revoked, the Department
may request the Attorney General or State's Attorney to
request the court to issue an emergency ex parte order
directing any law enforcement officer to take the person into

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custody and transport the person to the county jail. The
Department may request, or the Attorney General or State's
Attorney may request independently of the Department, that a
petition to revoke conditional release be filed. When a
petition is filed, the court may order the Department to issue
a notice to the person to be present at the Department or other
agency designated by the court, order a summons to the person
to be present, or order a body attachment for all law
enforcement officers to take the person into custody and
transport him or her to the county jail, hospital, or
treatment facility. The Department shall submit a statement
showing probable cause of the detention and a petition to
revoke the order for conditional release to the committing
court within 48 hours after the detention. The court shall
hear the petition within 30 days, unless the hearing or time
deadline is waived by the detained person. Pending the
revocation hearing, the Department may detain the person in a
jail, in a hospital or treatment facility. The State has the
burden of proving by clear and convincing evidence that any
rule or condition of release has been violated, or that the
safety of others requires that the conditional release be
revoked. If the court determines after hearing that any rule
or condition of release has been violated, or that the safety
of others requires that conditional release be revoked, it may
revoke the order for conditional release and order that the
released person be placed in an appropriate institution until

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the person is discharged from the commitment under Section 65
of this Act or until again placed on conditional release under
Section 60 of this Act.
(5) An order for conditional release places the person in
the custody, care, and control of the Department. The court
shall order the person be subject to the following rules of
conditional release, in addition to any other conditions
ordered, and the person shall be given a certificate setting
forth the conditions of conditional release. These conditions
shall be that the person:
(A) not violate any criminal statute of any
jurisdiction;
(B) report to or appear in person before such person
or agency as directed by the court and the Department;
(C) refrain from possession of a firearm or other
dangerous weapon;
(D) 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 Department;
(E) at the direction of the Department, notify third
parties of the risks that may be occasioned by his or her
criminal record or sexual offending history or
characteristics, and permit the supervising officer or
agent to make the notification requirement;

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(F) attend and fully participate in assessment,
treatment, and behavior monitoring including, but not
limited to, medical, psychological or psychiatric
treatment specific to sexual offending, drug addiction, or
alcoholism, to the extent appropriate to the person based
upon the recommendation and findings made in the
Department evaluation or based upon any subsequent
recommendations by the Department;
(G) waive confidentiality allowing the court and
Department access to assessment or treatment results or
both;
(H) work regularly at a Department approved occupation
or pursue a course of study or vocational training and
notify the Department within 72 hours of any change in
employment, study, or training;
(I) not be employed or participate in any volunteer
activity that involves contact with children, except under
circumstances approved in advance and in writing by the
Department officer;
(J) submit to the search of his or her person,
residence, vehicle, or any personal or real property under
his or her control at any time by the Department;
(K) financially support his or her dependents and
provide the Department access to any requested financial
information;
(L) serve a term of home confinement, the conditions

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of which shall be that the person:
(i) remain within the interior premises of the
place designated for his or her confinement during the
hours designated by the Department;
(ii) admit any person or agent designated by the
Department into the offender's place of confinement at
any time for purposes of verifying the person's
compliance with the condition of his or her
confinement;
(iii) if deemed necessary by the Department, be
placed on an electronic monitoring device;
(M) comply with the terms and conditions of an order
of protection issued by the court pursuant to the Illinois
Domestic Violence Act of 1986. A copy of the order of
protection shall be transmitted to the Department by the
clerk of the court;
(N) refrain from entering into a designated geographic
area except upon terms the Department finds appropriate.
The terms may include consideration of the purpose of the
entry, the time of day, others accompanying the person,
and advance approval by the Department;
(O) refrain from having any contact, including written
or oral communications, directly or indirectly, with
certain specified persons including, but not limited to,
the victim or the victim's family, and report any
incidental contact with the victim or the victim's family

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to the Department within 72 hours; refrain from entering
onto the premises of, traveling past, or loitering near
the victim's residence, place of employment, or other
places frequented by the victim;
(P) refrain from having any contact, including written
or oral communications, directly or indirectly, with
particular types of persons, including but not limited to
members of street gangs, drug users, drug dealers, or
persons engaged in the sex trade prostitutes;
(Q) refrain from all contact, direct or indirect,
personally, by telephone, letter, or through another
person, with minor children without prior identification
and approval of the Department;
(R) refrain from having in his or her body the
presence of alcohol or 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 breath, saliva, blood, or
urine for tests to determine the presence of alcohol or
any illicit drug;
(S) not establish a dating, intimate, or sexual
relationship with a person without prior written
notification to the Department;
(T) neither possess or have under his or her control
any material that is pornographic, sexually oriented, or

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sexually stimulating, or that depicts or alludes to sexual
activity or depicts minors under the age of 18, including
but not limited to visual, auditory, telephonic,
electronic media, or any matter obtained through access to
any computer or material linked to computer access use;
(U) not patronize any business providing sexually
stimulating or sexually oriented entertainment nor utilize
"900" or adult telephone numbers or any other sex-related
telephone numbers;
(V) 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 the Department and
report any incidental contact with minor children to the
Department within 72 hours;
(W) not establish any living arrangement or residence
without prior approval of the Department;
(X) not publish any materials or print any
advertisements without providing a copy of the proposed
publications to the Department officer and obtaining
permission prior to publication;
(Y) not leave the county except with prior permission
of the Department and provide the Department officer or
agent with written travel routes to and from work and any
other designated destinations;
(Z) not possess or have under his or her control

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certain specified items of contraband related to the
incidence of sexually offending items including video or
still camera items or children's toys;
(AA) provide a written daily log of activities as
directed by the Department;
(BB) comply with all other special conditions that the
Department may impose that restrict the person from
high-risk situations and limit access or potential
victims.
(6) A person placed on conditional release and who during
the term undergoes mandatory drug or alcohol testing or is
assigned to be placed on an approved electronic monitoring
device may be ordered to pay all costs incidental to the
mandatory drug or alcohol testing and all costs incidental to
the approved electronic monitoring in accordance with the
person's ability to pay those costs. The Department may
establish reasonable fees for the cost of maintenance,
testing, and incidental expenses related to the mandatory drug
or alcohol testing and all costs incidental to approved
electronic monitoring.
(Source: P.A. 97-1098, eff. 7-1-14 (see Section 5 of P.A.
98-612 for the effective date of P.A. 97-1098); 98-558, eff.
1-1-14.)
Section 150. The Statewide Grand Jury Act is amended by
changing Sections 2 and 3 as follows:

HB4410 Engrossed - 168 - LRB103 36319 RLC 66417 b
(725 ILCS 215/2) (from Ch. 38, par. 1702)
Sec. 2. (a) County grand juries and State's Attorneys have
always had and shall continue to have primary responsibility
for investigating, indicting, and prosecuting persons who
violate the criminal laws of the State of Illinois. However,
in recent years organized terrorist activity directed against
innocent civilians and certain criminal enterprises have
developed that require investigation, indictment, and
prosecution on a statewide or multicounty level. The criminal
enterprises exist as a result of the allure of profitability
present in narcotic activity, the unlawful sale and transfer
of firearms, and streetgang related felonies and organized
terrorist activity is supported by the contribution of money
and expert assistance from geographically diverse sources. In
order to shut off the life blood of terrorism and weaken or
eliminate the criminal enterprises, assets, and property used
to further these offenses must be frozen, and any profit must
be removed. State statutes exist that can accomplish that
goal. Among them are the offense of money laundering,
violations of Article 29D of the Criminal Code of 1961 or the
Criminal Code of 2012, the Narcotics Profit Forfeiture Act,
and gunrunning. Local prosecutors need investigative personnel
and specialized training to attack and eliminate these
profits. In light of the transitory and complex nature of
conduct that constitutes these criminal activities, the many

HB4410 Engrossed - 169 - LRB103 36319 RLC 66417 b
diverse property interests that may be used, acquired directly
or indirectly as a result of these criminal activities, and
the many places that illegally obtained property may be
located, it is the purpose of this Act to create a limited,
multicounty Statewide Grand Jury with authority to
investigate, indict, and prosecute: narcotic activity,
including cannabis and controlled substance trafficking,
narcotics racketeering, money laundering, violations of the
Cannabis and Controlled Substances Tax Act, and violations of
Article 29D of the Criminal Code of 1961 or the Criminal Code
of 2012; the unlawful sale and transfer of firearms;
gunrunning; and streetgang related felonies.
(b) A Statewide Grand Jury may also investigate, indict,
and prosecute violations facilitated by the use of a computer
of any of the following offenses: indecent solicitation of a
child, sexual exploitation of a child, soliciting for a
sexually exploited child juvenile prostitute, keeping a place
of commercial sexual exploitation of a child juvenile
prostitution, juvenile pimping, child pornography, aggravated
child pornography, or promoting commercial sexual exploitation
of a child juvenile prostitution except as described in
subdivision (a)(4) of Section 11-14.4 of the Criminal Code of
1961 or the Criminal Code of 2012.
(c) A Statewide Grand Jury may also investigate, indict,
and prosecute violations of organized retail crime.
(Source: P.A. 101-593, eff. 12-4-19; 102-757, eff. 5-13-22.)

HB4410 Engrossed - 170 - LRB103 36319 RLC 66417 b
(725 ILCS 215/3) (from Ch. 38, par. 1703)
Sec. 3. Written application for the appointment of a
Circuit Judge to convene and preside over a Statewide Grand
Jury, with jurisdiction extending throughout the State, shall
be made to the Chief Justice of the Supreme Court. Upon such
written application, the Chief Justice of the Supreme Court
shall appoint a Circuit Judge from the circuit where the
Statewide Grand Jury is being sought to be convened, who shall
make a determination that the convening of a Statewide Grand
Jury is necessary.
In such application the Attorney General shall state that
the convening of a Statewide Grand Jury is necessary because
of an alleged offense or offenses set forth in this Section
involving more than one county of the State and identifying
any such offense alleged; and
(a) that he or she believes that the grand jury
function for the investigation and indictment of the
offense or offenses cannot effectively be performed by a
county grand jury together with the reasons for such
belief, and
(b)(1) that each State's Attorney with jurisdiction
over an offense or offenses to be investigated has
consented to the impaneling of the Statewide Grand Jury,
or
(2) if one or more of the State's Attorneys having

HB4410 Engrossed - 171 - LRB103 36319 RLC 66417 b
jurisdiction over an offense or offenses to be
investigated fails to consent to the impaneling of the
Statewide Grand Jury, the Attorney General shall set forth
good cause for impaneling the Statewide Grand Jury.
If the Circuit Judge determines that the convening of a
Statewide Grand Jury is necessary, he or she shall convene and
impanel the Statewide Grand Jury with jurisdiction extending
throughout the State to investigate and return indictments:
(a) For violations of any of the following or for any
other criminal offense committed in the course of
violating any of the following: Article 29D of the
Criminal Code of 1961 or the Criminal Code of 2012, the
Illinois Controlled Substances Act, the Cannabis Control
Act, the Methamphetamine Control and Community Protection
Act, or the Narcotics Profit Forfeiture Act; a streetgang
related felony offense; Section 16-25.1, 24-2.1, 24-2.2,
24-3, 24-3A, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or
subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7),
24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code
of 1961 or the Criminal Code of 2012; or a money laundering
offense; provided that the violation or offense involves
acts occurring in more than one county of this State; and
(a-5) For violations facilitated by the use of a
computer, including the use of the Internet, the World
Wide Web, electronic mail, message board, newsgroup, or
any other commercial or noncommercial on-line service, of

HB4410 Engrossed - 172 - LRB103 36319 RLC 66417 b
any of the following offenses: indecent solicitation of a
child, sexual exploitation of a child, soliciting for a
sexually exploited child juvenile prostitute, keeping a
place of commercial sexual exploitation of a child
juvenile prostitution, juvenile pimping, child
pornography, aggravated child pornography, or promoting
commercial sexual exploitation of a child juvenile
prostitution except as described in subdivision (a)(4) of
Section 11-14.4 of the Criminal Code of 1961 or the
Criminal Code of 2012; and
(b) For the offenses of perjury, subornation of
perjury, communicating with jurors and witnesses, and
harassment of jurors and witnesses, as they relate to
matters before the Statewide Grand Jury.
"Streetgang related" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
Upon written application by the Attorney General for the
convening of an additional Statewide Grand Jury, the Chief
Justice of the Supreme Court shall appoint a Circuit Judge
from the circuit for which the additional Statewide Grand Jury
is sought. The Circuit Judge shall determine the necessity for
an additional Statewide Grand Jury in accordance with the
provisions of this Section. No more than 2 Statewide Grand
Juries may be empaneled at any time.
(Source: P.A. 101-593, eff. 12-4-19; 102-757, eff. 5-13-22.)

HB4410 Engrossed - 173 - LRB103 36319 RLC 66417 b
Section 155. The Unified Code of Corrections is amended by
changing Sections 3-1-2, 3-2.5-95, 3-3-7, 5-5-3, 5-5-3.2,
5-6-3, 5-6-3.1, 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-3) "Aftercare release" means the conditional and
revocable release of a person committed to the Department of
Juvenile Justice under the Juvenile Court Act of 1987, under
the supervision of the Department of Juvenile Justice.
(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 or the Criminal Code of 2012:
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

HB4410 Engrossed - 174 - LRB103 36319 RLC 66417 b
an adult), 11-14.4 (promoting commercial sexual
exploitation of a child juvenile prostitution), 11-15.1
(soliciting for a sexually exploited child juvenile
prostitute), 11-17.1 (keeping a place of commercial sexual
exploitation of a child juvenile prostitution), 11-18.1
(patronizing a sexually exploited child 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 or the Criminal Code of 2012:
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 or the Criminal Code of 2012 when
the defendant is not a parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),

HB4410 Engrossed - 175 - LRB103 36319 RLC 66417 b
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

HB4410 Engrossed - 176 - LRB103 36319 RLC 66417 b
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.
(c-10) "Content-controlled tablet" means any device that
can only access visitation applications or content relating to
educational or personal development.
(d) "Correctional institution or facility" means any
building or part of a building where committed persons are
kept in a secured manner.
(d-5) "Correctional officer" means: an employee of the
Department of Corrections who has custody and control over
committed persons in an adult correctional facility; or, for
an employee of the Department of Juvenile Justice, direct care
staff of persons committed to a juvenile facility.
(e) "Department" means both the Department of Corrections
and the Department of Juvenile Justice of this State, unless
the context is specific to either the Department of
Corrections or the Department of Juvenile Justice.
(f) "Director" means both the Director of Corrections and
the Director of Juvenile Justice, unless the context is
specific to either the Director of Corrections or the Director
of Juvenile Justice.
(f-5) (Blank).

HB4410 Engrossed - 177 - LRB103 36319 RLC 66417 b
(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 person committed to the Department of Corrections 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 February
1, 1978 (the effective date of Public Act 80-1099), to hear and
decide the time of aftercare release for persons committed to
the Department of Juvenile Justice under the Juvenile Court
Act of 1987 to hear requests and make recommendations to the

HB4410 Engrossed - 178 - LRB103 36319 RLC 66417 b
Governor with respect to pardon, reprieve or commutation, to
set conditions for parole, aftercare release, 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 Code.
(n) "Victim" shall have the meaning ascribed to it in
subsection (a) of Section 3 of the Rights of Crime Victims and
Witnesses 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. 102-558, eff. 8-20-21; 102-616, eff. 1-1-22.)

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(730 ILCS 5/3-2.5-95)
Sec. 3-2.5-95. Conditions of aftercare release.
(a) The conditions of aftercare release for all youth
committed to the Department under the Juvenile Court Act of
1987 shall be such as the Department of Juvenile Justice deems
necessary to assist the youth in leading a law-abiding life.
The conditions of every aftercare release are that the youth:
(1) not violate any criminal statute of any
jurisdiction during the aftercare release term;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) report to an agent of the Department;
(4) permit the agent or aftercare specialist to visit
the youth at his or her home, employment, or elsewhere to
the extent necessary for the agent or aftercare specialist
to discharge his or her duties;
(5) reside at a Department-approved host site;
(6) secure permission before visiting or writing a
committed person in an Illinois Department of Corrections
or Illinois Department of Juvenile Justice facility;
(7) report all arrests to an agent of the Department
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;

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(8) obtain permission of an agent of the Department
before leaving the State of Illinois;
(9) obtain permission of an agent of the Department
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 an agent of the
Department;
(12) not frequent places where controlled substances
are illegally sold, used, distributed, or administered;
(13) not knowingly associate with other persons on
parole, aftercare release, or mandatory supervised release
without prior written permission of his or her aftercare
specialist 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
aftercare release or to his or her conduct while
incarcerated, in response to inquiries by an agent of the
Department;
(15) follow any specific instructions provided by the
agent that are consistent with furthering conditions set

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and approved by the Department or by law to achieve the
goals and objectives of his or her aftercare release or to
protect the public; these instructions by the agent may be
modified at any time, as the agent deems appropriate;
(16) comply with the terms and conditions of an order
of protection issued under 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 under the Civil No Contact Order Act;
or a no contact order issued under the Stalking No Contact
Order Act;
(17) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, and a sex offender
treatment provider has evaluated and recommended further
sex offender treatment while on aftercare release, the
youth shall undergo treatment by a sex offender treatment
provider or associate sex offender provider as defined in
the Sex Offender Management Board Act at his or her
expense based on his or her ability to pay for the
treatment;
(18) 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

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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;
(19) if convicted for an offense that would qualify
the offender as a sexual predator under the Sex Offender
Registration Act wear an approved electronic monitoring
device as defined in Section 5-8A-2 for the duration of
the youth's aftercare 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 when the victim was
under 18 years of age at the time of the commission of the
offense and the offender 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 youth's aftercare release term;
(20) if convicted for an offense that would qualify
the offender as a child sex offender as defined in Section
11-9.3 or 11-9.4 of the Criminal Code of 1961 or the

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Criminal Code of 2012, refrain from communicating with or
contacting, by means of the Internet, a person who is not
related to the offender and whom the offender reasonably
believes to be under 18 years of age; for purposes of this
paragraph (20), "Internet" has the meaning ascribed to it
in Section 16-0.1 of the Criminal Code of 2012; and a
person is not related to the offender if the person is not:
(A) the spouse, brother, or sister of the offender; (B) a
descendant of the offender; (C) a first or second cousin
of the offender; or (D) a step-child or adopted child of
the offender;
(21) if convicted under Section 11-6, 11-20.1,
11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961
or the Criminal Code of 2012, 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;
(22) if convicted for an offense that would qualify
the offender as a sex offender or sexual predator under
the Sex Offender Registration Act, not possess
prescription drugs for erectile dysfunction;
(23) if convicted for an offense under Section 11-6,
11-9.1, 11-14.4 that involves soliciting for a sexually

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exploited child juvenile prostitute, 11-15.1, 11-20.1,
11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961
or the Criminal Code of 2012, or any attempt to commit any
of these offenses:
(A) not access or use a computer or any other
device with Internet capability without the prior
written approval of the Department;
(B) submit to periodic unannounced examinations of
the youth's computer or any other device with Internet
capability by the youth's aftercare specialist, 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 the information, equipment, or device to
conduct a more thorough inspection;
(C) submit to the installation on the youth's
computer or device with Internet capability, at the
youth's expense, of one or more hardware or software
systems to monitor the Internet use; and
(D) submit to any other appropriate restrictions
concerning the youth's use of or access to a computer
or any other device with Internet capability imposed
by the Department or the youth's aftercare specialist;
(24) if convicted of a sex offense as defined in the
Sex Offender Registration Act, refrain from accessing or

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using a social networking website as defined in Section
17-0.5 of the Criminal Code of 2012;
(25) if convicted of a sex offense as defined in
Section 2 of the Sex Offender Registration Act that
requires the youth to register as a sex offender under
that Act, not knowingly use any computer scrub software on
any computer that the youth uses;
(26) if convicted of a sex offense as defined in
subsection (a-5) of Section 3-1-2 of this Code, unless the
youth is a parent or guardian of a 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;
(27) if convicted of a violation of an order of
protection under Section 12-3.4 or Section 12-30 of the
Criminal Code of 1961 or the Criminal Code of 2012, be
placed under electronic surveillance as provided in
Section 5-8A-7 of this Code; and
(28) if convicted of a violation of the
Methamphetamine Control and Community Protection Act, the
Methamphetamine Precursor Control Act, or a
methamphetamine related offense, be:

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(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 Department may in addition to other conditions
require that the youth:
(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
aftercare release;
(4) support his or her dependents;
(5) if convicted for an offense that would qualify the
youth as a child sex offender as defined in Section 11-9.3
or 11-9.4 of the Criminal Code of 1961 or the Criminal Code
of 2012, refrain from communicating with or contacting, by
means of the Internet, a person who is related to the youth
and whom the youth reasonably believes to be under 18
years of age; for purposes of this paragraph (5),
"Internet" has the meaning ascribed to it in Section
16-0.1 of the Criminal Code of 2012; and a person is
related to the youth if the person is: (A) the spouse,

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brother, or sister of the youth; (B) a descendant of the
youth; (C) a first or second cousin of the youth; or (D) a
step-child or adopted child of the youth;
(6) if convicted for an offense that would qualify as
a sex offense as defined in the Sex Offender Registration
Act:
(A) not access or use a computer or any other
device with Internet capability without the prior
written approval of the Department;
(B) submit to periodic unannounced examinations of
the youth's computer or any other device with Internet
capability by the youth's aftercare specialist, 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 the information, equipment, or device to
conduct a more thorough inspection;
(C) submit to the installation on the youth's
computer or device with Internet capability, at the
youth's offender's expense, of one or more hardware or
software systems to monitor the Internet use; and
(D) submit to any other appropriate restrictions
concerning the youth's use of or access to a computer
or any other device with Internet capability imposed
by the Department or the youth's aftercare specialist;

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and
(7) in addition to other conditions:
(A) reside with his or her parents or in a foster
home;
(B) attend school;
(C) attend a non-residential program for youth; or
(D) contribute to his or her own support at home or
in a foster home.
(c) In addition to the conditions under subsections (a)
and (b) of this Section, youths required to register as sex
offenders under the Sex Offender Registration Act, upon
release from the custody of the Department of Juvenile
Justice, may be required by the Department 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
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

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agent of the Department;
(6) be electronically monitored for a specified period
of time from the date of release as determined by the
Department;
(7) refrain from entering into a designated geographic
area except upon terms approved in advance by an agent of
the Department; these terms may include consideration of
the purpose of the entry, the time of day, and others
accompanying the youth;
(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;
(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;
(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,

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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 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;
(14) may be required to provide a written daily log of
activities if directed by an agent of the Department;
(15) comply with all other special conditions that the
Department may impose that restrict the youth 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 an agent of the
Department before driving alone in a motor vehicle.

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(d) The conditions under which the aftercare release is to
be served shall be communicated to the youth in writing prior
to his or her release, and he or she shall sign the same before
release. A signed copy of these conditions, including a copy
of an order of protection if one had been issued by the
criminal court, shall be retained by the youth and another
copy forwarded to the officer or aftercare specialist in
charge of his or her supervision.
(e) After a revocation hearing under Section 3-3-9.5, the
Department of Juvenile Justice may modify or enlarge the
conditions of aftercare release.
(f) The Department shall inform all youth of the optional
services available to them upon release and shall assist youth
in availing themselves of the optional services upon their
release on a voluntary basis.
(Source: P.A. 99-628, eff. 1-1-17.)
(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

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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

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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

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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 or the Criminal Code of 2012,
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 2012; 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;

HB4410 Engrossed - 195 - LRB103 36319 RLC 66417 b
(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
or the Criminal Code of 2012, 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 sexually
exploited child juvenile prostitute, 11-15.1, 11-20.1,
11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961
or the Criminal Code of 2012, 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

HB4410 Engrossed - 196 - LRB103 36319 RLC 66417 b
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 2012;
(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

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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 if there is reasonable suspicion
of illicit drug use and the source of the reasonable
suspicion is documented in the Department's case
management system;
(12) not knowingly frequent places where controlled
substances are illegally sold, used, distributed, or
administered;
(13) except when the association described in either
subparagraph (A) or (B) of this paragraph (13) involves
activities related to community programs, worship
services, volunteering, engaging families, or some other
pro-social activity in which there is no evidence of

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criminal intent:
(A) not knowingly associate with other persons on
parole or mandatory supervised release without prior
written permission of his or her parole agent; or
(B) not knowingly 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

HB4410 Engrossed - 199 - LRB103 36319 RLC 66417 b
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 12-3.4 or Section 12-30 of the
Criminal Code of 1961 or the Criminal Code of 2012, be
placed under electronic surveillance as provided in
Section 5-8A-7 of this Code;
(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;
(19) 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

HB4410 Engrossed - 200 - LRB103 36319 RLC 66417 b
(B) prohibited from purchasing, possessing, or
having under his or her control any product containing
ammonium nitrate;
(20) if convicted of a hate crime under Section 12-7.1
of the Criminal Code of 2012, perform public or community
service of no less than 200 hours and enroll in an
educational program discouraging hate crimes involving the
protected class identified in subsection (a) of Section
12-7.1 of the Criminal Code of 2012 that gave rise to the
offense the offender committed ordered by the court; and
(21) be evaluated by the Department of Corrections
prior to release using a validated risk assessment and be
subject to a corresponding level of supervision. In
accordance with the findings of that evaluation:
(A) All subjects found to be at a moderate or high
risk to recidivate, or on parole or mandatory
supervised release for first degree murder, a forcible
felony as defined in Section 2-8 of the Criminal Code
of 2012, any felony that requires registration as a
sex offender under the Sex Offender Registration Act,
or a Class X felony or Class 1 felony that is not a
violation of the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act, shall be subject
to high level supervision. The Department shall define
high level supervision based upon evidence-based and

HB4410 Engrossed - 201 - LRB103 36319 RLC 66417 b
research-based practices. Notwithstanding this
placement on high level supervision, placement of the
subject on electronic monitoring or detention shall
not occur unless it is required by law or expressly
ordered or approved by the Prisoner Review Board.
(B) All subjects found to be at a low risk to
recidivate shall be subject to low-level supervision,
except for those subjects on parole or mandatory
supervised release for first degree murder, a forcible
felony as defined in Section 2-8 of the Criminal Code
of 2012, any felony that requires registration as a
sex offender under the Sex Offender Registration Act,
or a Class X felony or Class 1 felony that is not a
violation of the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine
Control and Community Protection Act. Low level
supervision shall require the subject to check in with
the supervising officer via phone or other electronic
means. Notwithstanding this placement on low level
supervision, placement of the subject on electronic
monitoring or detention shall not occur unless it is
required by law or expressly ordered or approved by
the Prisoner Review Board.
(b) The Board may after making an individualized
assessment pursuant to subsection (a) of Section 3-14-2 in
addition to other conditions require that the subject:

HB4410 Engrossed - 202 - LRB103 36319 RLC 66417 b
(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 or her 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 or the Criminal Code of 2012,
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 2012; 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;

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(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) (blank).

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(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 following an
individualized assessment pursuant to subsection (a) of
Section 3-14-2:
(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

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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

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"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 or her release, and he or
she shall sign the same before release. A signed copy of these

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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 or her 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. 103-271, eff. 1-1-24.)
(730 ILCS 5/5-5-3)
Sec. 5-5-3. Disposition.
(a) (Blank).
(b) (Blank).
(c)(1) (Blank).
(2) A period of probation, a term of periodic imprisonment
or conditional discharge shall not be imposed for the
following offenses. The court shall sentence the offender to
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

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imprisonment:
(A) First degree murder.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the
Illinois Controlled Substances Act, or a violation of
subdivision (c)(1.5) of Section 401 of that Act which
relates to more than 5 grams of a substance containing
fentanyl or an analog thereof.
(D-5) A violation of subdivision (c)(1) of Section 401
of the Illinois Controlled Substances Act which relates to
3 or more grams of a substance containing heroin or an
analog thereof.
(E) (Blank).
(F) A Class 1 or greater felony if the offender had
been convicted of a Class 1 or greater felony, including
any state or federal conviction for an offense that
contained, at the time it was committed, the same elements
as an offense now (the date of the offense committed after
the prior Class 1 or greater felony) classified as a Class
1 or greater felony, within 10 years of the date on which
the offender committed the offense for which he or she is
being sentenced, except as otherwise provided in Section
40-10 of the Substance Use Disorder Act.
(F-3) A Class 2 or greater felony sex offense or
felony firearm offense if the offender had been convicted

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

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do commit crimes.
Beginning July 1, 1994, for the purposes of this
paragraph, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(K) Vehicular hijacking.
(L) A second or subsequent conviction for the offense
of hate crime when the underlying offense upon which the
hate crime is based is felony aggravated assault or felony
mob action.
(M) A second or subsequent conviction for the offense
of institutional vandalism if the damage to the property
exceeds $300.
(N) A Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners
Identification Card Act.
(O) A violation of Section 12-6.1 or 12-6.5 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(P) A violation of paragraph (1), (2), (3), (4), (5),
or (7) of subsection (a) of Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(P-5) A violation of paragraph (6) of subsection (a)
of Section 11-20.1 of the Criminal Code of 1961 or the
Criminal Code of 2012 if the victim is a household or
family member of the defendant.
(Q) A violation of subsection (b) or (b-5) of Section

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

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the age of 18 years or an offense that is substantially
equivalent to those offenses.
(W) A violation of Section 24-3.5 of the Criminal Code
of 1961 or the Criminal Code of 2012.
(X) A violation of subsection (a) of Section 31-1a of
the Criminal Code of 1961 or the Criminal Code of 2012.
(Y) A conviction for unlawful possession of a firearm
by a street gang member when the firearm was loaded or
contained firearm ammunition.
(Z) A Class 1 felony committed while he or she was
serving a term of probation or conditional discharge for a
felony.
(AA) Theft of property exceeding $500,000 and not
exceeding $1,000,000 in value.
(BB) Laundering of criminally derived property of a
value exceeding $500,000.
(CC) Knowingly selling, offering for sale, holding for
sale, or using 2,000 or more counterfeit items or
counterfeit items having a retail value in the aggregate
of $500,000 or more.
(DD) A conviction for aggravated assault under
paragraph (6) of subsection (c) of Section 12-2 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
firearm is aimed toward the person against whom the
firearm is being used.
(EE) A conviction for a violation of paragraph (2) of

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subsection (a) of Section 24-3B of the Criminal Code of
2012.
(3) (Blank).
(4) A minimum term of imprisonment of not less than 10
consecutive days or 30 days of community service shall be
imposed for a violation of paragraph (c) of Section 6-303 of
the Illinois Vehicle Code.
(4.1) (Blank).
(4.2) Except as provided in paragraphs (4.3) and (4.8) of
this subsection (c), a minimum of 100 hours of community
service shall be imposed for a second violation of Section
6-303 of the Illinois Vehicle Code.
(4.3) A minimum term of imprisonment of 30 days or 300
hours of community service, as determined by the court, shall
be imposed for a second violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.4) Except as provided in paragraphs (4.5), (4.6), and
(4.9) of this subsection (c), a minimum term of imprisonment
of 30 days or 300 hours of community service, as determined by
the court, shall be imposed for a third or subsequent
violation of Section 6-303 of the Illinois Vehicle Code. The
court may give credit toward the fulfillment of community
service hours for participation in activities and treatment as
determined by court services.
(4.5) A minimum term of imprisonment of 30 days shall be
imposed for a third violation of subsection (c) of Section

HB4410 Engrossed - 214 - LRB103 36319 RLC 66417 b
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

HB4410 Engrossed - 215 - LRB103 36319 RLC 66417 b
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,

HB4410 Engrossed - 216 - LRB103 36319 RLC 66417 b
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

HB4410 Engrossed - 217 - LRB103 36319 RLC 66417 b
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.

HB4410 Engrossed - 218 - LRB103 36319 RLC 66417 b
(d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of this
Code which may include evidence of the defendant's life, moral
character and occupation during the time since the original
sentence was passed. The trial court shall then impose
sentence upon the defendant. The trial court may impose any
sentence which could have been imposed at the original trial
subject to Section 5-5-4 of this Code. If a sentence is vacated
on appeal or on collateral attack due to the failure of the
trier of fact at trial to determine beyond a reasonable doubt
the existence of a fact (other than a prior conviction)
necessary to increase the punishment for the offense beyond
the statutory maximum otherwise applicable, either the
defendant may be re-sentenced to a term within the range
otherwise provided or, if the State files notice of its
intention to again seek the extended sentence, the defendant
shall be afforded a new trial.
(e) In cases where prosecution for aggravated criminal
sexual abuse under Section 11-1.60 or 12-16 of the Criminal
Code of 1961 or the Criminal Code of 2012 results in conviction
of a defendant who was a family member of the victim at the
time of the commission of the offense, the court shall
consider the safety and welfare of the victim and may impose a
sentence of probation only where:
(1) the court finds (A) or (B) or both are

HB4410 Engrossed - 219 - LRB103 36319 RLC 66417 b
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

HB4410 Engrossed - 220 - LRB103 36319 RLC 66417 b
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
11-0.1 of the Criminal Code of 2012.
(f) (Blank).
(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 commercial sexual exploitation of a child juvenile
prostitution, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of 1961 or the Criminal Code of
2012, the defendant shall undergo medical testing to determine
whether the defendant has any sexually transmissible disease,
including a test for infection with human immunodeficiency
virus (HIV) or any other identified causative agent of
acquired immunodeficiency syndrome (AIDS). Any such medical
test shall be performed only by appropriately licensed medical
practitioners and may include an analysis of any bodily fluids
as well as an examination of the defendant's person. Except as
otherwise provided by law, the results of such test shall be
kept strictly confidential by all medical personnel involved
in the testing and must be personally delivered in a sealed
envelope to the judge of the court in which the conviction was

HB4410 Engrossed - 221 - LRB103 36319 RLC 66417 b
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. 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

HB4410 Engrossed - 222 - LRB103 36319 RLC 66417 b
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. 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

HB4410 Engrossed - 223 - LRB103 36319 RLC 66417 b
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under the Criminal
and Traffic Assessment Act.
(j) In cases when prosecution for any violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
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 or the Criminal
Code of 2012, any violation of the Illinois Controlled
Substances Act, any violation of the Cannabis Control Act, or
any violation of the Methamphetamine Control and Community
Protection Act results in conviction, a disposition of court
supervision, or an order of probation granted under Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act of a
defendant, the court shall determine whether the defendant is
employed by a facility or center as defined under the Child
Care Act of 1969, a public or private elementary or secondary
school, or otherwise works with children under 18 years of age
on a daily basis. When a defendant is so employed, the court
shall order the Clerk of the Court to send a copy of the

HB4410 Engrossed - 224 - LRB103 36319 RLC 66417 b
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 high school
equivalency testing or to work toward completing a vocational
training program offered by the Department of Corrections. If
a defendant fails to complete the educational training
required by his or her sentence during the term of
incarceration, the Prisoner Review Board shall, as a condition
of mandatory supervised release, require the defendant, at his
or her own expense, to pursue a course of study toward a high
school diploma or passage of high school equivalency testing.
The Prisoner Review Board shall revoke the mandatory
supervised release of a defendant who wilfully fails to comply

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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 high school equivalency testing. This subsection (j-5)
does not apply to a defendant who is determined by the court to
be a person with a developmental disability or otherwise
mentally incapable of completing the educational or vocational
program.
(k) (Blank).
(l)(A) Except as provided in paragraph (C) of subsection
(l), whenever a defendant, who is not a citizen or national of
the United States, is convicted of any felony or misdemeanor
offense, the court after sentencing the defendant may, upon
motion of the State's Attorney, hold sentence in abeyance and
remand the defendant to the custody of the Attorney General of
the United States or his or her designated agent to be deported
when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the

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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

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the United States, the defendant shall be recommitted to the
custody of the county from which he or she was sentenced.
Thereafter, the defendant shall be brought before the
sentencing court, which may impose any sentence that was
available under Section 5-5-3 at the time of initial
sentencing. In addition, the defendant shall not be eligible
for additional earned sentence credit as provided under
Section 3-6-3.
(m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012, in which the property damage exceeds
$300 and the property damaged is a school building, shall be
ordered to perform community service that may include cleanup,
removal, or painting over the defacement.
(n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 or the Criminal Code of 2012 (i) to an impact
incarceration program if the person is otherwise eligible for
that program under Section 5-8-1.1, (ii) to community service,
or (iii) if the person has a substance use disorder, as defined
in the Substance Use Disorder Act, to a treatment program
licensed under that Act.
(o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the
defendant's driver's license or permit shall be subject to

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renewal on an annual basis in accordance with the provisions
of license renewal established by the Secretary of State.
(Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22;
102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff.
1-1-24.)
(730 ILCS 5/5-5-3.2)
Sec. 5-5-3.2. Factors in aggravation and extended-term
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;

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(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 has a physical disability or such person's
property;
(10) by reason of another individual's actual or
perceived race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability, or
national origin, the defendant committed the offense
against (i) the person or property of that individual;
(ii) the person or property of a person who has an
association with, is married to, or has a friendship with
the other individual; or (iii) the person or property of a
relative (by blood or marriage) of a person described in
clause (i) or (ii). For the purposes of this Section,
"sexual orientation" has the meaning ascribed to it in
paragraph (O-1) of Section 1-103 of the Illinois Human
Rights Act;
(11) the offense took place in a place of worship or on
the grounds of a place of worship, immediately prior to,
during or immediately following worship services. For

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purposes of this subparagraph, "place of worship" shall
mean any church, synagogue or other building, structure or
place used primarily for religious worship;
(12) the defendant was convicted of a felony committed
while he was on pretrial release or his own recognizance
pending trial for a prior felony and was convicted of such
prior felony, or the defendant was convicted of a felony
committed while he was serving a period of probation,
conditional discharge, or mandatory supervised release
under subsection (d) of Section 5-8-1 for a prior felony;
(13) the defendant committed or attempted to commit a
felony while he was wearing a bulletproof vest. For the
purposes of this paragraph (13), a bulletproof vest is any
device which is designed for the purpose of protecting the
wearer from bullets, shot or other lethal projectiles;
(14) the defendant held a position of trust or
supervision such as, but not limited to, family member as
defined in Section 11-0.1 of the Criminal Code of 2012,
teacher, scout leader, baby sitter, or day care worker, in
relation to a victim under 18 years of age, and the
defendant committed an offense in violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
11-14.4 except for an offense that involves keeping a
place of commercial sexual exploitation of a child
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

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

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1,000 feet of the real property comprising any day care
center, regardless of the time of day or time of year:
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
18-2, or 33A-2, or Section 12-3.05 except for subdivision
(a)(4) or (g)(1), of the Criminal Code of 1961 or the
Criminal Code of 2012;
(17) the defendant committed the offense by reason of
any person's activity as a community policing volunteer or
to prevent any person from engaging in activity as a
community policing volunteer. For the purpose of this
Section, "community policing volunteer" has the meaning
ascribed to it in Section 2-3.5 of the Criminal Code of
2012;
(18) the defendant committed the offense in a nursing
home or on the real property comprising a nursing home.
For the purposes of this paragraph (18), "nursing home"
means a skilled nursing or intermediate long term care
facility that is subject to license by the Illinois
Department of Public Health under the Nursing Home Care
Act, the Specialized Mental Health Rehabilitation Act of
2013, the ID/DD Community Care Act, or the MC/DD Act;
(19) the defendant was a federally licensed firearm
dealer and was previously convicted of a violation of

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subsection (a) of Section 3 of the Firearm Owners
Identification Card Act and has now committed either a
felony violation of the Firearm Owners Identification Card
Act or an act of armed violence while armed with a firearm;
(20) the defendant (i) committed the offense of
reckless homicide under Section 9-3 of the Criminal Code
of 1961 or the Criminal Code of 2012 or the offense of
driving under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds or any
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

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reserve component thereof or National Guard unit called to
active duty;
(23) the defendant committed the offense against a
person who was elderly or infirm or who was a person with a
disability by taking advantage of a family or fiduciary
relationship with the elderly or infirm person or person
with a disability;
(24) the defendant committed any offense under Section
11-20.1 of the Criminal Code of 1961 or the Criminal Code
of 2012 and possessed 100 or more images;
(25) the defendant committed the offense while the
defendant or the victim was in a train, bus, or other
vehicle used for public transportation;
(26) the defendant committed the offense of child
pornography or aggravated child pornography, specifically
including paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) of Section 11-20.1 of the Criminal Code of
1961 or the Criminal Code of 2012 where a child engaged in,
solicited for, depicted in, or posed in any act of sexual
penetration or bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in a sexual context
and specifically including paragraph (1), (2), (3), (4),
(5), or (7) of subsection (a) of Section 11-20.1B or
Section 11-20.3 of the Criminal Code of 1961 where a child
engaged in, solicited for, depicted in, or posed in any
act of sexual penetration or bound, fettered, or subject

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

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

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homicide while committing a violation of Section 11-907 of
the Illinois Vehicle Code;
(33) the defendant was found guilty of an
administrative infraction related to an act or acts of
public indecency or sexual misconduct in the penal
institution. In this paragraph (33), "penal institution"
has the same meaning as in Section 2-14 of the Criminal
Code of 2012; or
(34) the defendant committed the offense of leaving
the scene of a crash in violation of subsection (b) of
Section 11-401 of the Illinois Vehicle Code and the crash
resulted in the death of a person and at the time of the
offense, the defendant was: (i) driving under the
influence of alcohol, other drug or drugs, intoxicating
compound or compounds or any combination thereof as
defined by Section 11-501 of the Illinois Vehicle Code; or
(ii) operating the motor vehicle while using an electronic
communication device as defined in Section 12-610.2 of the
Illinois Vehicle Code.
For the purposes of this Section:
"School" is defined as a public or private elementary or
secondary school, community college, college, or university.
"Day care center" means a public or private State
certified and licensed day care center as defined in Section
2.09 of the Child Care Act of 1969 that displays a sign in
plain view stating that the property is a day care center.

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

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

HB4410 Engrossed - 240 - LRB103 36319 RLC 66417 b
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 26-7 of
the Criminal Code of 2012; or
(7) When a defendant who was at least 17 years of age
at the time of the commission of the offense is convicted
of a felony and has been previously adjudicated a
delinquent minor under the Juvenile Court Act of 1987 for
an act that if committed by an adult would be a Class X or
Class 1 felony when the conviction has occurred within 10
years after the previous adjudication, excluding time
spent in custody; or
(8) When a defendant commits any felony and the
defendant used, possessed, exercised control over, or
otherwise directed an animal to assault a law enforcement
officer engaged in the execution of his or her official
duties or in furtherance of the criminal activities of an
organized gang in which the defendant is engaged; or
(9) When a defendant commits any felony and the

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defendant knowingly video or audio records the offense
with the intent to disseminate the recording.
(c) The following factors may be considered by the court
as reasons to impose an extended term sentence under Section
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.

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(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 or the
Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
(5) When a defendant is convicted of a felony
violation of Section 24-1 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
finding that the defendant is a member of an organized
gang.
(6) When a defendant was convicted of unlawful use of
weapons under Section 24-1 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
a weapon that is not readily distinguishable as one of the

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weapons enumerated in Section 24-1 of the Criminal Code of
1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
(7) When a defendant is convicted of an offense
involving the illegal manufacture of a controlled
substance under Section 401 of the Illinois Controlled
Substances Act (720 ILCS 570/401), the illegal manufacture
of methamphetamine under Section 25 of the Methamphetamine
Control and Community Protection Act (720 ILCS 646/25), or
the illegal possession of explosives and an emergency
response officer in the performance of his or her duties
is killed or injured at the scene of the offense while
responding to the emergency caused by the commission of
the offense. In this paragraph, "emergency" means a
situation in which a person's life, health, or safety is
in jeopardy; and "emergency response officer" means a
peace officer, community policing volunteer, fireman,
emergency medical technician-ambulance, emergency medical
technician-intermediate, emergency medical
technician-paramedic, ambulance driver, other medical
assistance or first aid personnel, or hospital emergency
room personnel.
(8) When the defendant is convicted of attempted mob
action, solicitation to commit mob action, or conspiracy
to commit mob action under Section 8-1, 8-2, or 8-4 of the
Criminal Code of 2012, where the criminal object is a
violation of Section 25-1 of the Criminal Code of 2012,

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and an electronic communication is used in the commission
of the offense. For the purposes of this paragraph (8),
"electronic communication" shall have the meaning provided
in Section 26.5-0.1 of the Criminal Code of 2012.
(d) For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(e) The court may impose an extended term sentence under
Article 4.5 of Chapter V upon an offender who has been
convicted of a felony violation of Section 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012
when the victim of the offense is under 18 years of age at the
time of the commission of the offense and, during the
commission of the offense, the victim was under the influence
of alcohol, regardless of whether or not the alcohol was
supplied by the offender; and the offender, at the time of the
commission of the offense, knew or should have known that the
victim had consumed alcohol.
(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
8-20-21; 102-982, eff. 7-1-23.)
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
Sec. 5-6-3. Conditions of probation and of conditional
discharge.

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(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. To comply with the
provisions of this paragraph (2), in lieu of requiring the
person on probation or conditional discharge to appear in
person for the required reporting or meetings, the officer
may utilize technology, including cellular and other
electronic communication devices or platforms, that allow
for communication between the supervised person and the
officer in accordance with standards and guidelines
established by the Administrative Office of the Illinois
Courts;
(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

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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 or the Criminal Code of
2012 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. The court may give credit toward
the fulfillment of community service hours for
participation in activities and treatment as determined by

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court services. Community service shall not interfere with
the school hours, school-related activities, or work
commitments of the minor or the minor's parent, guardian,
or legal custodian;
(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 high
school equivalency testing 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 paragraph (7). The
court shall revoke the probation or conditional discharge
of a person who willfully fails to comply with this
paragraph (7). The person on probation or conditional
discharge shall be required to pay for the cost of the
educational courses or high school equivalency testing if
a fee is charged for those courses or testing. The court
shall resentence the offender whose probation or
conditional discharge has been revoked as provided in
Section 5-6-4. This paragraph (7) does not apply to a

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person who has a high school diploma or has successfully
passed high school equivalency testing. This paragraph (7)
does not apply to a person who is determined by the court
to be a person with a developmental disability or
otherwise mentally incapable of completing the educational
or vocational program;
(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

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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 or the Criminal Code of 2012,
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 2012; 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;

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(8.8) if convicted for an offense under Section 11-6,
11-9.1, 11-14.4 that involves soliciting for a sexually
exploited child juvenile prostitute, 11-15.1, 11-20.1,
11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961
or the Criminal Code of 2012, 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

HB4410 Engrossed - 251 - LRB103 36319 RLC 66417 b
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 2012;
(9) if convicted of a felony or of any misdemeanor
violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
12-3.5 of the Criminal Code of 1961 or the Criminal Code of
2012 that was determined, pursuant to Section 112A-11.1 of
the Code of Criminal Procedure of 1963, to trigger the
prohibitions of 18 U.S.C. 922(g)(9), 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. The Court shall return
to the Illinois State Police Firearm Owner's
Identification Card Office the person's Firearm Owner's
Identification Card;
(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

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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;
(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; and
(13) if convicted of a hate crime involving the

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protected class identified in subsection (a) of Section
12-7.1 of the Criminal Code of 2012 that gave rise to the
offense the offender committed, perform public or
community service of no less than 200 hours and enroll in
an educational program discouraging hate crimes that
includes racial, ethnic, and cultural sensitivity training
ordered by the court.
(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;

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(iii) attend a non-residential program for youth;
(iv) provide nonfinancial contributions 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

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(iii) if further deemed necessary by the court or
the probation or court services department 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, except as provided in an administrative
order of the Chief Judge 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, except as
provided in an administrative order of the Chief Judge
of the circuit court.
The Chief Judge of the circuit court of the county

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may by administrative order establish a program for
electronic monitoring of offenders, in which a vendor
supplies and monitors the operation of the electronic
monitoring device, and collects the fees on behalf of
the county. The program shall include provisions for
indigent offenders and the collection of unpaid fees.
The program shall not unduly burden the offender and
shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend
any additional charges or fees for late payment,
interest, or damage to any device; 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, except as provided in an administrative
order of the Chief Judge of the circuit court. The
clerk of the circuit court shall pay all monies

HB4410 Engrossed - 257 - LRB103 36319 RLC 66417 b
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. The Chief Judge of the circuit court of the
county may by administrative order establish a program
for electronic monitoring of offenders, in which a
vendor supplies and monitors the operation of the
electronic monitoring device, and collects the fees on
behalf of the county. The program shall include
provisions for indigent offenders and the collection
of unpaid fees. The program shall not unduly burden
the offender and shall be subject to review by the
Chief Judge.
The Chief Judge of the circuit court may suspend
any additional charges or fees for late payment,
interest, or damage to any device.
(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

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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

HB4410 Engrossed - 259 - LRB103 36319 RLC 66417 b
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 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 or the Criminal Code of 2012, 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 2012; 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)

HB4410 Engrossed - 260 - LRB103 36319 RLC 66417 b
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

HB4410 Engrossed - 261 - LRB103 36319 RLC 66417 b
(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

HB4410 Engrossed - 262 - LRB103 36319 RLC 66417 b
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, except as provided in an administrative
order of the Chief Judge 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

HB4410 Engrossed - 263 - LRB103 36319 RLC 66417 b
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. The Chief Judge of the circuit court of the county may
by administrative order establish a program for electronic
monitoring of offenders, in which a vendor supplies and
monitors the operation of the electronic monitoring device,
and collects the fees on behalf of the county. The program
shall include provisions for indigent offenders and the
collection of unpaid fees. The program shall not unduly burden
the offender and shall be subject to review by the Chief Judge.
A person shall not be assessed costs or fees for mandatory
testing for drugs, alcohol, or both, if the person is an
indigent person as defined in paragraph (2) of subsection (a)
of Section 5-105 of the Code of Civil Procedure.
The Chief Judge of the circuit court may suspend any
additional charges or fees for late payment, interest, or
damage to any device.
(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

HB4410 Engrossed - 264 - LRB103 36319 RLC 66417 b
transferred, or which has agreed to provide supervision, may
impose probation fees upon receiving the transferred offender,
as provided in subsection (i). For all transfer cases, as
defined in Section 9b of the Probation and Probation Officers
Act, the probation department from the original sentencing
court shall retain all probation fees collected prior to the
transfer. After the transfer, all probation fees shall be paid
to the probation department within the circuit to which
jurisdiction has been transferred.
(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 placed
in the guardianship or custody of the Department of Children
and Family Services 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

HB4410 Engrossed - 265 - LRB103 36319 RLC 66417 b
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 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.
Public Act 93-970 deletes the $10 increase in the fee
under this subsection that was imposed by Public Act 93-616.

HB4410 Engrossed - 266 - LRB103 36319 RLC 66417 b
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 the Criminal
and Traffic Assessment 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

HB4410 Engrossed - 267 - LRB103 36319 RLC 66417 b
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.
(m) Except for restitution, and assessments issued for
adjudications under Section 5-125 of the Juvenile Court Act of
1987, fines and assessments, such as fees or administrative
costs, authorized under this Section shall not be ordered or
imposed on a minor subject to Article III, IV, or V of the
Juvenile Court Act of 1987, or a minor under the age of 18
transferred to adult court or excluded from juvenile court
jurisdiction under Article V of the Juvenile Court Act of
1987, or the minor's parent, guardian, or legal custodian.
(n) (m) A person on probation, conditional discharge, or
supervision shall not be ordered to refrain from having
cannabis or alcohol in his or her body unless:
(1) the person is under 21 years old;
(2) the person was sentenced to probation, conditional
discharge, or supervision for an offense which had as an
element of the offense the presence of an intoxicating
compound in the person's body;
(3) the person is participating in a problem-solving

HB4410 Engrossed - 268 - LRB103 36319 RLC 66417 b
court certified by the Illinois Supreme Court;
(4) the person has undergone a validated clinical
assessment and the clinical treatment plan includes
alcohol or cannabis testing; or
(5) a court ordered evaluation recommends that the
person refrain from using alcohol or cannabis, provided
the evaluation is a validated clinical assessment and the
recommendation originates from a clinical treatment plan.
If the court has made findings that alcohol use was a
contributing factor in the commission of the underlying
offense, the court may order a person on probation,
conditional discharge, or supervision to refrain from having
alcohol in his or her body during the time between sentencing
and the completion of a validated clinical assessment,
provided that such order shall not exceed 30 days and shall be
terminated if the clinical treatment plan does not recommend
abstinence or testing, or both.
In this subsection (n) (m), "validated clinical
assessment" and "clinical treatment plan" have the meanings
ascribed to them in Section 10 of the Drug Court Treatment Act.
In any instance in which the court orders testing for
cannabis or alcohol, the court shall state the reasonable
relation the condition has to the person's crime for which the
person was placed on probation, conditional discharge, or
supervision.
(o) (n) A person on probation, conditional discharge, or

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supervision shall not be ordered to refrain from use or
consumption of any substance lawfully prescribed by a medical
provider or authorized by the Compassionate Use of Medical
Cannabis Program Act, except where use is prohibited in
paragraph (3) or (4) of subsection (n) (m).
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
103-271, eff. 1-1-24; 103-379, eff. 7-28-23; 103-391, eff.
1-1-24; revised 12-15-23.)
(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

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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 or the Criminal Code of
2012 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 or the Criminal Code of 2012 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

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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) provide nonfinancial contributions 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

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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

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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

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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.
(c-5) If payment of restitution as ordered has not been
made, the victim shall file a petition notifying the
sentencing court, any other person to whom restitution is
owed, and the State's Attorney of the status of the ordered
restitution payments unpaid at least 90 days before the
supervision expiration date. If payment as ordered has not
been made, the court shall hold a review hearing prior to the
expiration date, unless the hearing is voluntarily waived by
the defendant with the knowledge that waiver may result in an
extension of the supervision period or in a revocation of

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supervision. If the court does not extend supervision, it
shall issue a judgment for the unpaid restitution and direct
the clerk of the circuit court to file and enter the judgment
in the judgment and lien docket, without fee, unless it finds
that the victim has recovered a judgment against the defendant
for the amount covered by the restitution order. If the court
issues a judgment for the unpaid restitution, the court shall
send to the defendant at his or her last known address written
notification that a civil judgment has been issued for the
unpaid restitution.
(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

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Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961
or the Criminal Code of 2012, 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

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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, except as
provided in an administrative order of the Chief Judge 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.
The Chief Judge of the circuit court of the county may by
administrative order establish a program for electronic
monitoring of offenders, in which a vendor supplies and
monitors the operation of the electronic monitoring device,
and collects the fees on behalf of the county. The program
shall include provisions for indigent offenders and the
collection of unpaid fees. The program shall not unduly burden
the offender and shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend any
additional charges or fees for late payment, interest, or
damage to any device.
(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

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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 placed in the
guardianship or custody of the Department of Children and
Family Services 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

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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 the Criminal
and Traffic Assessment 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 high school equivalency testing or to work

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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 high school equivalency
testing if a fee is charged for those courses or testing. 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 high school equivalency testing. This
subsection (k) does not apply to a defendant who is determined
by the court to be a person with a developmental disability or
otherwise mentally incapable of completing the educational or
vocational program.
(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

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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. This subsection does not apply to a person who, at
the time of the offense, was operating a motor vehicle
registered in a state other than Illinois.
(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.

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(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 or the Criminal Code of 2012 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 2012; 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

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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 or the Criminal Code of 2012 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 2012; 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
sexually exploited child juvenile prostitute, 11-15.1,
11-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of
1961 or the Criminal Code of 2012, or any attempt to commit any
of these offenses, committed on or after June 1, 2009 (the
effective date of Public Act 95-983) 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;

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(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

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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 2012.
(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.
(v) Except for restitution, and assessments issued for
adjudications under Section 5-125 of the Juvenile Court Act of
1987, fines and assessments, such as fees or administrative
costs, authorized under this Section shall not be ordered or
imposed on a minor subject to Article III, IV, or V of the
Juvenile Court Act of 1987, or a minor under the age of 18
transferred to adult court or excluded from juvenile court
jurisdiction under Article V of the Juvenile Court Act of
1987, or the minor's parent, guardian, or legal custodian.
(Source: P.A. 102-299, eff. 8-6-21; 103-379, eff. 7-28-23.)

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(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 commercial sexual
exploitation of a child juvenile prostitution, soliciting
for a sexually exploited child juvenile prostitute,
keeping a place of commercial sexual exploitation of a
child juvenile prostitution, patronizing a sexually
exploited child 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 or the Criminal Code of 2012.
(2) (Blank).
(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,

HB4410 Engrossed - 287 - LRB103 36319 RLC 66417 b
medical and legal advocacy, counseling, information and
referral services, training, and community education.
(b) (Blank).
(c) Sexual Assault Services Fund; administration. There is
created a Sexual Assault Services Fund. Moneys deposited into
the Fund under Section 15-20 and 15-40 of the Criminal and
Traffic Assessment Act 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. 100-987, eff. 7-1-19.)
Section 160. The Sex Offender Registration Act is amended
by changing Section 2 as follows:
(730 ILCS 150/2) (from Ch. 38, par. 222)
Sec. 2. Definitions.
(A) As used in this Article, "sex offender" means any
person who is:
(1) charged pursuant to Illinois law, or any
substantially similar federal, Uniform Code of Military

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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

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state, or foreign country law substantially similar to
Section 104-25(a) of the Code of Criminal Procedure of
1963 for the alleged violation or attempted commission
of such offense; or
(2) declared as a sexually dangerous person pursuant
to the Illinois Sexually Dangerous Persons Act, or any
substantially similar federal, Uniform Code of Military
Justice, sister state, or foreign country law; or
(3) subject to the provisions of Section 2 of the
Interstate Agreements on Sexually Dangerous Persons Act;
or
(4) found to be a sexually violent person pursuant to
the Sexually Violent Persons Commitment Act or any
substantially similar federal, Uniform Code of Military
Justice, sister state, or foreign country law; or
(5) adjudicated a juvenile delinquent as the result of
committing or attempting to commit an act which, if
committed by an adult, would constitute any of the
offenses specified in item (B), (C), or (C-5) of this
Section or a violation of any substantially similar
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

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substantially similar federal, Uniform Code of Military
Justice, sister state, or foreign country law.
Convictions that result from or are connected with the
same act, or result from offenses committed at the same time,
shall be counted for the purpose of this Article as one
conviction. Any conviction set aside pursuant to law is not a
conviction for purposes of this Article.
For purposes of this Section, "convicted" shall have the
same meaning as "adjudicated".
(B) As used in this Article, "sex offense" means:
(1) A violation of any of the following Sections of
the Criminal Code of 1961 or the Criminal Code of 2012:
11-20.1 (child pornography),
11-20.1B or 11-20.3 (aggravated child
pornography),
11-6 (indecent solicitation of a child),
11-9.1 (sexual exploitation of a child),
11-9.2 (custodial sexual misconduct),
11-9.5 (sexual misconduct with a person with a
disability),
11-14.4 (promoting commercial sexual exploitation
of a child juvenile prostitution),
11-15.1 (soliciting for a sexually exploited child
juvenile prostitute),
11-18.1 (patronizing a sexually exploited child
juvenile prostitute),

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11-17.1 (keeping a place of commercial sexual
exploitation of a child juvenile prostitution),
11-19.1 (juvenile pimping),
11-19.2 (exploitation of a child),
11-25 (grooming),
11-26 (traveling to meet a minor or traveling to
meet a child),
11-1.20 or 12-13 (criminal sexual assault),
11-1.30 or 12-14 (aggravated criminal sexual
assault),
11-1.40 or 12-14.1 (predatory criminal sexual
assault of a child),
11-1.50 or 12-15 (criminal sexual abuse),
11-1.60 or 12-16 (aggravated criminal sexual
abuse),
12-33 (ritualized abuse of a child).
An attempt to commit any of these offenses.
(1.5) A violation of any of the following Sections of
the Criminal Code of 1961 or the Criminal Code of 2012,
when the victim is a person under 18 years of age, the
defendant is not a parent of the victim, the offense was
sexually motivated as defined in Section 10 of the Sex
Offender Evaluation and Treatment Act, and the offense was
committed on or after January 1, 1996:
10-1 (kidnapping),
10-2 (aggravated kidnapping),

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10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
If the offense was committed before January 1, 1996,
it is a sex offense requiring registration only when the
person is convicted of any felony after July 1, 2011, and
paragraph (2.1) of subsection (c) of Section 3 of this Act
applies.
(1.6) First degree murder under Section 9-1 of the
Criminal Code of 1961 or the Criminal Code of 2012,
provided the offense was sexually motivated as defined in
Section 10 of the Sex Offender Management Board Act.
(1.7) (Blank).
(1.8) A violation or attempted violation of Section
11-11 (sexual relations within families) of the Criminal
Code of 1961 or the Criminal Code of 2012, and the offense
was committed on or after June 1, 1997. If the offense was
committed before June 1, 1997, it is a sex offense
requiring registration only when the person is convicted
of any felony after July 1, 2011, and paragraph (2.1) of
subsection (c) of Section 3 of this Act applies.
(1.9) Child abduction under paragraph (10) of
subsection (b) of Section 10-5 of the Criminal Code of
1961 or the Criminal Code of 2012 committed by luring or
attempting to lure a child under the age of 16 into a motor
vehicle, building, house trailer, or dwelling place
without the consent of the parent or lawful custodian of

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the child for other than a lawful purpose and the offense
was committed on or after January 1, 1998, provided the
offense was sexually motivated as defined in Section 10 of
the Sex Offender Management Board Act. If the offense was
committed before January 1, 1998, it is a sex offense
requiring registration only when the person is convicted
of any felony after July 1, 2011, and paragraph (2.1) of
subsection (c) of Section 3 of this Act applies.
(1.10) A violation or attempted violation of any of
the following Sections of the Criminal Code of 1961 or the
Criminal Code of 2012 when the offense was committed on or
after July 1, 1999:
10-4 (forcible detention, if the victim is under
18 years of age), provided the offense was sexually
motivated as defined in Section 10 of the Sex Offender
Management Board Act,
11-6.5 (indecent solicitation of an adult),
11-14.3 that involves soliciting for a person
engaged in the sex trade prostitute, or 11-15
(soliciting for a person engaged in the sex trade
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 person engaged in the sex
trade prostitute, if the victim is under 18 years of

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age),
subdivision (a)(2)(C) of Section 11-14.3, or
Section 11-19 (pimping, if the victim is under 18
years of age).
If the offense was committed before July 1, 1999, it
is a sex offense requiring registration only when the
person is convicted of any felony after July 1, 2011, and
paragraph (2.1) of subsection (c) of Section 3 of this Act
applies.
(1.11) A violation or attempted violation of any of
the following Sections of the Criminal Code of 1961 or the
Criminal Code of 2012 when the offense was committed on or
after August 22, 2002:
11-9 or 11-30 (public indecency for a third or
subsequent conviction).
If the third or subsequent conviction was imposed
before August 22, 2002, it is a sex offense requiring
registration only when the person is convicted of any
felony after July 1, 2011, and paragraph (2.1) of
subsection (c) of Section 3 of this Act applies.
(1.12) A violation or attempted violation of Section
5.1 of the Wrongs to Children Act or Section 11-9.1A of the
Criminal Code of 1961 or the Criminal Code of 2012
(permitting sexual abuse) when the offense was committed
on or after August 22, 2002. If the offense was committed
before August 22, 2002, it is a sex offense requiring

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registration only when the person is convicted of any
felony after July 1, 2011, and paragraph (2.1) of
subsection (c) of Section 3 of this Act applies.
(2) A violation of any former law of this State
substantially equivalent to any offense listed in
subsection (B) of this Section.
(C) A conviction for an offense of federal law, Uniform
Code of Military Justice, or the law of another state or a
foreign country that is substantially equivalent to any
offense listed in subsections (B), (C), (E), and (E-5) of this
Section shall constitute a conviction for the purpose of this
Article. A finding or adjudication as a sexually dangerous
person or a sexually violent person under any federal law,
Uniform Code of Military Justice, or the law of another state
or foreign country that is substantially equivalent to the
Sexually Dangerous Persons Act or the Sexually Violent Persons
Commitment Act shall constitute an adjudication for the
purposes of this Article.
(C-5) A person at least 17 years of age at the time of the
commission of the offense who is convicted of first degree
murder under Section 9-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, against a person under 18 years of age,
shall be required to register for natural life. A conviction
for an offense of federal, Uniform Code of Military Justice,
sister state, or foreign country law that is substantially
equivalent to any offense listed in subsection (C-5) of this

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Section shall constitute a conviction for the purpose of this
Article. This subsection (C-5) applies to a person who
committed the offense before June 1, 1996 if: (i) the person is
incarcerated in an Illinois Department of Corrections facility
on August 20, 2004 (the effective date of Public Act 93-977),
or (ii) subparagraph (i) does not apply and the person is
convicted of any felony after July 1, 2011, and paragraph
(2.1) of subsection (c) of Section 3 of this Act applies.
(C-6) A person who is convicted or adjudicated delinquent
of first degree murder as defined in Section 9-1 of the
Criminal Code of 1961 or the Criminal Code of 2012, against a
person 18 years of age or over, shall be required to register
for his or her natural life. A conviction for an offense of
federal, Uniform Code of Military Justice, sister state, or
foreign country law that is substantially equivalent to any
offense listed in subsection (C-6) of this Section shall
constitute a conviction for the purpose of this Article. This
subsection (C-6) does not apply to those individuals released
from incarceration more than 10 years prior to January 1, 2012
(the effective date of Public Act 97-154).
(D) As used in this Article, "law enforcement agency
having jurisdiction" means the Chief of Police in each of the
municipalities in which the sex offender expects to reside,
work, or attend school (1) upon his or her discharge, parole or
release or (2) during the service of his or her sentence of
probation or conditional discharge, or the Sheriff of the

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county, in the event no Police Chief exists or if the offender
intends to reside, work, or attend school in an unincorporated
area. "Law enforcement agency having jurisdiction" includes
the location where out-of-state students attend school and
where out-of-state employees are employed or are otherwise
required to register.
(D-1) As used in this Article, "supervising officer" means
the assigned Illinois Department of Corrections parole agent
or county probation officer.
(E) As used in this Article, "sexual predator" means any
person who, after July 1, 1999, is:
(1) Convicted for an offense of federal, Uniform Code
of Military Justice, sister state, or foreign country law
that is substantially equivalent to any offense listed in
subsection (E) or (E-5) of this Section shall constitute a
conviction for the purpose of this Article. Convicted of a
violation or attempted violation of any of the following
Sections of the Criminal Code of 1961 or the Criminal Code
of 2012:
10-5.1 (luring of a minor),
11-14.4 that involves keeping a place of
commercial sexual exploitation of a child juvenile
prostitution, or 11-17.1 (keeping a place of
commercial sexual exploitation of a child juvenile
prostitution),
subdivision (a)(2) or (a)(3) of Section 11-14.4,

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or Section 11-19.1 (juvenile pimping),
subdivision (a)(4) of Section 11-14.4, or Section
11-19.2 (exploitation of a child),
11-20.1 (child pornography),
11-20.1B or 11-20.3 (aggravated child
pornography),
11-1.20 or 12-13 (criminal sexual assault),
11-1.30 or 12-14 (aggravated criminal sexual
assault),
11-1.40 or 12-14.1 (predatory criminal sexual
assault of a child),
11-1.60 or 12-16 (aggravated criminal sexual
abuse),
12-33 (ritualized abuse of a child);
(2) (blank);
(3) declared as a sexually dangerous person pursuant
to the Sexually Dangerous Persons Act or any substantially
similar federal, Uniform Code of Military Justice, sister
state, or foreign country law;
(4) found to be a sexually violent person pursuant to
the Sexually Violent Persons Commitment Act or any
substantially similar federal, Uniform Code of Military
Justice, sister state, or foreign country law;
(5) convicted of a second or subsequent offense which
requires registration pursuant to this Act. For purposes
of this paragraph (5), "convicted" shall include a

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conviction under any substantially similar Illinois,
federal, Uniform Code of Military Justice, sister state,
or foreign country law;
(6) (blank); or
(7) if the person was convicted of an offense set
forth in this subsection (E) on or before July 1, 1999, the
person is a sexual predator for whom registration is
required only when the person is convicted of a felony
offense after July 1, 2011, and paragraph (2.1) of
subsection (c) of Section 3 of this Act applies.
(E-5) As used in this Article, "sexual predator" also
means a person convicted of a violation or attempted violation
of any of the following Sections of the Criminal Code of 1961
or the Criminal Code of 2012:
(1) Section 9-1 (first degree murder, when the victim
was a person under 18 years of age and the defendant was at
least 17 years of age at the time of the commission of the
offense, provided the offense was sexually motivated as
defined in Section 10 of the Sex Offender Management Board
Act);
(2) Section 11-9.5 (sexual misconduct with a person
with a disability);
(3) when the victim is a person under 18 years of age,
the defendant is not a parent of the victim, the offense
was sexually motivated as defined in Section 10 of the Sex
Offender Management Board Act, and the offense was

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committed on or after January 1, 1996: (A) Section 10-1
(kidnapping), (B) Section 10-2 (aggravated kidnapping),
(C) Section 10-3 (unlawful restraint), and (D) Section
10-3.1 (aggravated unlawful restraint); and
(4) Section 10-5(b)(10) (child abduction committed by
luring or attempting to lure a child under the age of 16
into a motor vehicle, building, house trailer, or dwelling
place without the consent of the parent or lawful
custodian of the child for other than a lawful purpose and
the offense was committed on or after January 1, 1998,
provided the offense was sexually motivated as defined in
Section 10 of the Sex Offender Management Board Act).
(E-10) As used in this Article, "sexual predator" also
means a person required to register in another State due to a
conviction, adjudication or other action of any court
triggering an obligation to register as a sex offender, sexual
predator, or substantially similar status under the laws of
that State.
(F) As used in this Article, "out-of-state student" means
any sex offender, as defined in this Section, or sexual
predator who is enrolled in Illinois, on a full-time or
part-time basis, in any public or private educational
institution, including, but not limited to, any secondary
school, trade or professional institution, or institution of
higher learning.
(G) As used in this Article, "out-of-state employee" means

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any sex offender, as defined in this Section, or sexual
predator who works in Illinois, regardless of whether the
individual receives payment for services performed, for a
period of time of 10 or more days or for an aggregate period of
time of 30 or more days during any calendar year. Persons who
operate motor vehicles in the State accrue one day of
employment time for any portion of a day spent in Illinois.
(H) As used in this Article, "school" means any public or
private educational institution, including, but not limited
to, any elementary or secondary school, trade or professional
institution, or institution of higher education.
(I) As used in this Article, "fixed residence" means any
and all places that a sex offender resides for an aggregate
period of time of 5 or more days in a calendar year.
(J) As used in this Article, "Internet protocol address"
means the string of numbers by which a location on the Internet
is identified by routers or other computers connected to the
Internet.
(Source: P.A. 100-428, eff. 1-1-18.)
Section 165. The Code of Civil Procedure is amended by
changing Section 8-802.1 as follows:
(735 ILCS 5/8-802.1) (from Ch. 110, par. 8-802.1)
Sec. 8-802.1. Confidentiality of statements made to rape
crisis personnel.

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(a) Purpose. This Section is intended to protect victims
of rape from public disclosure of statements they make in
confidence to counselors of organizations established to help
them. On or after July 1, 1984, "rape" means an act of forced
sexual penetration or sexual conduct, as defined in Section
11-0.1 of the Criminal Code of 2012, including acts prohibited
under Sections 11-1.20 through 11-1.60 or 12-13 through 12-16
of the Criminal Code of 1961 or the Criminal Code of 2012.
Because of the fear and stigma that often results from those
crimes, many victims hesitate to seek help even where it is
available at no cost to them. As a result they not only fail to
receive needed medical care and emergency counseling, but may
lack the psychological support necessary to report the crime
and aid police in preventing future crimes.
(b) Definitions. As used in this Act:
(1) "Rape crisis organization" means any organization
or association a major purpose of which is providing
information, counseling, and psychological support to
victims of any or all of the crimes of aggravated criminal
sexual assault, predatory criminal sexual assault of a
child, criminal sexual assault, sexual relations between
siblings, criminal sexual abuse and aggravated criminal
sexual abuse. "Rape crisis organization" includes, but is
not limited to, rape crisis centers certified by a
statewide sexual assault coalition.
(2) "Rape crisis counselor" means a person who is a

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psychologist, social worker, employee, or volunteer in any
organization or association defined as a rape crisis
organization under this Section, who has undergone 40
hours of training and is under the control of a direct
services supervisor of a rape crisis organization.
(3) "Victim" means a person who is the subject of, or
who seeks information, counseling, or advocacy services as
a result of an aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual assault, sexual relations within families, criminal
sexual abuse, aggravated criminal sexual abuse, sexual
exploitation of a child, indecent solicitation of a child,
public indecency, exploitation of a child, promoting
commercial sexual exploitation of a child juvenile
prostitution as described in subdivision (a)(4) of Section
11-14.4, or an attempt to commit any of these offenses.
(4) "Confidential communication" means any
communication between a victim and a rape crisis counselor
in the course of providing information, counseling, and
advocacy. The term includes all records kept by the
counselor or by the organization in the course of
providing services to an alleged victim concerning the
alleged victim and the services provided.
(c) Waiver of privilege.
(1) The confidential nature of the communication is
not waived by: the presence of a third person who further

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expresses the interests of the victim at the time of the
communication; group counseling; or disclosure to a third
person with the consent of the victim when reasonably
necessary to accomplish the purpose for which the
counselor is consulted.
(2) The confidential nature of counseling records is
not waived when: the victim inspects the records; or in
the case of a minor child less than 12 years of age, a
parent or guardian whose interests are not adverse to the
minor inspects the records; or in the case of a minor
victim 12 years or older, a parent or guardian whose
interests are not adverse to the minor inspects the
records with the victim's consent, or in the case of an
adult who has a guardian of his or her person, the guardian
inspects the records with the victim's consent.
(3) When a victim is deceased, the executor or
administrator of the victim's estate may waive the
privilege established by this Section, unless the executor
or administrator has an interest adverse to the victim.
(4) A minor victim 12 years of age or older may
knowingly waive the privilege established in this Section.
When a minor is, in the opinion of the Court, incapable of
knowingly waiving the privilege, the parent or guardian of
the minor may waive the privilege on behalf of the minor,
unless the parent or guardian has been charged with a
violent crime against the victim or otherwise has any

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interest adverse to that of the minor with respect to the
waiver of the privilege.
(5) An adult victim who has a guardian of his or her
person may knowingly waive the privilege established in
this Section. When the victim is, in the opinion of the
court, incapable of knowingly waiving the privilege, the
guardian of the adult victim may waive the privilege on
behalf of the victim, unless the guardian has been charged
with a violent crime against the victim or otherwise has
any interest adverse to the victim with respect to the
privilege.
(d) Confidentiality. Except as provided in this Act, no
rape crisis counselor shall disclose any confidential
communication or be examined as a witness in any civil or
criminal proceeding as to any confidential communication
without the written consent of the victim or a representative
of the victim as provided in subparagraph (c).
(e) A rape crisis counselor may disclose a confidential
communication without the consent of the victim if failure to
disclose is likely to result in a clear, imminent risk of
serious physical injury or death of the victim or another
person. Any rape crisis counselor or rape crisis organization
participating in good faith in the disclosing of records and
communications under this Act shall have immunity from any
liability, civil, criminal, or otherwise that might result
from the action. In any proceeding, civil or criminal, arising

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out of a disclosure under this Section, the good faith of any
rape crisis counselor or rape crisis organization who
disclosed the confidential communication shall be presumed.
(f) Any rape crisis counselor who knowingly discloses any
confidential communication in violation of this Act commits a
Class C misdemeanor.
(Source: P.A. 102-469, eff. 1-1-22.)
Section 170. The Trafficking Victims Protection Act is
amended by changing Section 10 as follows:
(740 ILCS 128/10)
Sec. 10. Definitions. As used in this Act:
"Human trafficking" means a violation or attempted
violation of subsection (d) of Section 10-9 of the Criminal
Code of 2012.
"Involuntary servitude" means a violation or attempted
violation of subsection (b) of Section 10-9 of the Criminal
Code of 2012.
"Sex trade" means a violation or attempted violation of
any of the following Sections of the Criminal Code of 1961 or
the Criminal Code of 2012: 11-14.3 (promoting prostitution);
11-14.4 (promoting commercial sexual exploitation of a child
juvenile prostitution); 11-15 (soliciting for a person engaged
in the sex trade prostitute); 11-15.1 (soliciting for a
sexually exploited child juvenile prostitute); 11-16

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(pandering); 11-17 (keeping a place of prostitution); 11-17.1
(keeping a place of commercial sexual exploitation of a child
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); 11-20.1B or 11-20.3 (aggravated child
pornography); or subsection (c) of Section 10-9 (involuntary
sexual servitude of a minor).
"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 person engaged in the sex trade
prostitute: the person engaged in the sex trade prostitute
who is the object of the solicitation;
(2) soliciting for a sexually exploited child juvenile
prostitute: the sexually exploited child juvenile
prostitute, or person with a severe or profound
intellectual disability, 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 the Criminal Code of 2012, or pandering:
the person intended or compelled to act as a person
engaged in the sex trade prostitute;
(4) keeping a place of prostitution: any person

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intended or compelled to act as a person engaged in the sex
trade prostitute, while present at the place, during the
time period in question;
(5) keeping a place of commercial sexual exploitation
of a child juvenile prostitution: any juvenile intended or
compelled to act as a person engaged in the sex trade
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 the Criminal Code of 2012, or pimping: the person
engaged in the sex trade prostitute from whom anything of
value is received;
(7) promoting commercial sexual exploitation of a
child juvenile prostitution as described in subdivision
(a)(2) or (a)(3) of Section 11-14.4 of the Criminal Code
of 1961 or the Criminal Code of 2012, or juvenile pimping
and aggravated juvenile pimping: the juvenile, or person
with a severe or profound intellectual disability, from
whom anything of value is received for that person's act
of prostitution;
(8) promoting commercial sexual exploitation of a
child juvenile prostitution as described in subdivision
(a)(4) of Section 11-14.4 of the Criminal Code of 1961 or
the Criminal Code of 2012, or exploitation of a child: the
juvenile, or person with a severe or profound intellectual

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disability, intended or compelled to act as a person
engaged in the sex trade 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 person with a severe or
profound intellectual disability, who appears in or is
described or depicted in the offending conduct or
material; or
(11) involuntary sexual servitude of a minor as
defined in subsection (c) of Section 10-9 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(Source: P.A. 99-143, eff. 7-27-15; 100-939, eff. 1-1-19.)
Section 175. The Illinois Securities Law of 1953 is
amended by changing Section 7a as follows:
(815 ILCS 5/7a) (from Ch. 121 1/2, par. 137.7a)
Sec. 7a. (a) Except as provided in subsection (b) of this
Section, no securities, issued by an issuer engaged in or
deriving revenues from the conduct of any business or
profession, the conduct of which would violate Section 11-14,
11-14.3, 11-14.4 as described in subdivision (a)(1), (a)(2),

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or (a)(3) or that involves soliciting for a sexually exploited
child juvenile prostitute, 11-15, 11-15.1, 11-16, 11-17, 11-19
or 11-19.1 of the Criminal Code of 1961 or the Criminal Code of
2012, if conducted in this State, shall be sold or registered
pursuant to Section 5, 6 or 7 of this Act nor sold pursuant to
the provisions of Section 3 or 4 of this Act.
(b) Notwithstanding the provisions of subsection (a)
hereof, such securities issued prior to the effective date of
this amendatory Act of 1989 may be sold by a resident of this
State in transactions which qualify for an exemption from the
registration requirements of this Act pursuant to subsection A
of Section 4 of this Act.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
HB4410 Engrossed - 311 - LRB103 36319 RLC 66417 b
INDEX
Statutes amended in order of appearance
New Act
5 ILCS 70/1.45 new
20 ILCS 2630/5.2
20 ILCS 4026/10
55 ILCS 5/5-10008 from Ch. 34, par. 5-10008
225 ILCS 515/10 from Ch. 111, par. 910
235 ILCS 5/6-2 from Ch. 43, par. 120
325 ILCS 40/2 from Ch. 23, par. 2252
625 ILCS 5/6-206
720 ILCS 5/3-6 from Ch. 38, par. 3-6
720 ILCS 5/8-2 from Ch. 38, par. 8-2
720 ILCS 5/11-0.1
720 ILCS 5/11-9.3
720 ILCS 5/11-14.3
720 ILCS 5/11-14.4
720 ILCS 5/11-18 from Ch. 38, par. 11-18
720 ILCS 5/11-18.1 from Ch. 38, par. 11-18.1
720 ILCS 5/33G-3
720 ILCS 5/36-1 from Ch. 38, par. 36-1
725 ILCS 5/108B-3 from Ch. 38, par. 108B-3
725 ILCS 5/111-8 from Ch. 38, par. 111-8
725 ILCS 5/124B-10
725 ILCS 5/124B-100
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