Bill Text: IL HB5490 | 2021-2022 | 102nd General Assembly | Engrossed

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Bill Title: Reinserts the provisions of the introduced bill, except: (1) changes the statute of limitations for grooming to provide that when the victim is under 17 years of age at the time of the offense or is a person with a disability, a prosecution for grooming may be commenced within 10 years after the victim or the person with a disability attains 17 years of age; (2) changes the name of the offenses of child sexual abuse material and aggravated child sexual abuse material to child sexual abuse material and aggravated child sexual abuse material; (3) retains the Class 4 felony penalty for grooming; (4) deletes references to criminal transmission of HIV in various statutes; (5) in the definitions provisions of the Sex Offenses Article of the Criminal Code of 2012, provides that "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 3 (rather than 6) months; (6) provides that a person also commits sexual exploitation of a child if in the presence or virtual presence, or both, of a child and with knowledge that a child or one whom he or she believes to be a child would view his or her acts, that person knowingly entices, coerces, or persuades a child to participate in the production of the recording or memorializing a sexual act of persons ages 18 or older; provides that a violation is a Class 4 felony for a first offense; and a Class 3 felony for a second or subsequent offense, or if the person has been previously convicted of a sex offense; and (7) amends various Acts to change references to "child pornography" to "child sexual abuse material".

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2022-12-31 - Alternate Chief Sponsor Changed to Sen. Don Harmon [HB5490 Detail]

Download: Illinois-2021-HB5490-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 5. 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

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Section 11-6 of the Criminal Code of 1961 or the Criminal
Code of 2012;
(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 juvenile prostitution or soliciting for
a 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 juvenile prostitution or keeping a place
of 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 juvenile prostitute, in violation of
Section 11-18.1 of the Criminal Code of 1961 or the
Criminal Code of 2012;
(9) promoting juvenile prostitution or juvenile

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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 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 sexual abuse material pornography, in
violation of Section 11-20.1 of the Criminal Code of 1961
or the Criminal Code of 2012;
(11.5) aggravated child sexual abuse material
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
violation of Section 11-1.40 or 12-14.1 of the Criminal

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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
licensed under the Sex Offender Evaluation and Treatment

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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 10. The Medical School Matriculant Criminal
History Records Check Act is amended by changing Section 5 as
follows:
(110 ILCS 57/5)
Sec. 5. Definitions.
"Matriculant" means an individual who is conditionally
admitted as a student to a medical school located in Illinois,
pending the medical school's consideration of his or her
criminal history records check under this Act.
"Sex offender" means any person who is convicted pursuant
to Illinois law or any substantially similar federal, Uniform
Code of Military Justice, sister state, or foreign country law
with any of the following sex offenses set forth in the
Criminal Code of 1961 or the Criminal Code of 2012:
(1) Indecent solicitation of a child.
(2) Sexual exploitation of a child.

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(3) Custodial sexual misconduct.
(4) Exploitation of a child.
(5) Child sexual abuse material pornography.
(6) Aggravated child sexual abuse material
pornography.
"Violent felony" means any of the following offenses, as
defined by the Criminal Code of 1961 or the Criminal Code of
2012:
(1) First degree murder.
(2) Second degree murder.
(3) Predatory criminal sexual assault of a child.
(4) Aggravated criminal sexual assault.
(5) Criminal sexual assault.
(6) Aggravated arson.
(7) Aggravated kidnapping.
(8) Kidnapping.
(9) Aggravated battery resulting in great bodily harm
or permanent disability or disfigurement.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
Section 15. The Child Care Act of 1969 is amended by
changing Section 3.3 as follows:
(225 ILCS 10/3.3)
Sec. 3.3. Requirements for criminal background checks for
adoption-only homes. In approving an adoption-only home

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pursuant to Section 3.2 of this Act, if an adult resident has
an arrest or conviction record, the licensed child welfare
agency:
(1) shall thoroughly investigate and evaluate the
criminal history of the resident and, in so doing, include
an assessment of the applicant's character and, in the
case of the prospective adoptive parent, the impact that
the criminal history has on his or her ability to parent
the child; the investigation should consider the type of
crime, the number of crimes, the nature of the offense,
the age at time of crime, the length of time that has
elapsed since the last conviction, the relationship of the
crime to the ability to care for children, and any
evidence of rehabilitation;
(2) shall not approve the home if the record reveals a
felony conviction for crimes against a child, including,
but not limited to, child abuse or neglect, child sexual
abuse material pornography, rape, sexual assault, or
homicide;
(3) shall not approve the home if the record reveals a
felony conviction within the last 5 years, including, but
not limited to, for physical assault, battery,
drug-related offenses, or spousal abuse; and
(4) shall not approve the home if the record reveals a
felony conviction for homicide, rape, or sexual assault.
(Source: P.A. 99-833, eff. 1-1-17.)

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Section 20. The Abused and Neglected Child Reporting Act
is amended by changing Sections 4.5 and 11.1 as follows:
(325 ILCS 5/4.5)
Sec. 4.5. Electronic and information technology workers;
reporting child sexual abuse material pornography.
(a) In this Section:
"Child sexual abuse material pornography" means child
sexual abuse material pornography as described in Section
11-20.1 of the Criminal Code of 2012.
"Electronic and information technology equipment" means
equipment used in the creation, manipulation, storage,
display, or transmission of data, including internet and
intranet systems, software applications, operating systems,
video and multimedia, telecommunications products, kiosks,
information transaction machines, copiers, printers, and
desktop and portable computers.
"Electronic and information technology equipment worker"
means a person who in the scope and course of his or her
employment or business installs, repairs, or otherwise
services electronic and information technology equipment for a
fee but does not include (i) an employee, independent
contractor, or other agent of a telecommunications carrier or
telephone or telecommunications cooperative, as those terms
are defined in the Public Utilities Act, or (ii) an employee,

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independent contractor, or other agent of a provider of
commercial mobile radio service, as defined in 47 C.F.R. 20.3.
(b) If an electronic and information technology equipment
worker discovers any depiction of child sexual abuse material
pornography while installing, repairing, or otherwise
servicing an item of electronic and information technology
equipment, that worker or the worker's employer shall
immediately report the discovery to the local law enforcement
agency or to the Cyber Tipline at the National Center for
Missing & Exploited Children.
(c) If a report is filed in accordance with the
requirements of 42 U.S.C. 13032, the requirements of this
Section 4.5 will be deemed to have been met.
(d) An electronic and information technology equipment
worker or electronic and information technology equipment
worker's employer who reports a discovery of child sexual
abuse material pornography as required under this Section is
immune from any criminal, civil, or administrative liability
in connection with making the report, except for willful or
wanton misconduct.
(e) Failure to report a discovery of child sexual abuse
material pornography as required under this Section is a
business offense subject to a fine of $1,001.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)

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Sec. 11.1. Access to records.
(a) A person shall have access to the records described in
Section 11 only in furtherance of purposes directly connected
with the administration of this Act or the Intergovernmental
Missing Child Recovery Act of 1984. Those persons and purposes
for access include:
(1) Department staff in the furtherance of their
responsibilities under this Act, or for the purpose of
completing background investigations on persons or
agencies licensed by the Department or with whom the
Department contracts for the provision of child welfare
services.
(2) A law enforcement agency investigating known or
suspected child abuse or neglect, known or suspected
involvement with child sexual abuse material pornography,
known or suspected criminal sexual assault, known or
suspected criminal sexual abuse, or any other sexual
offense when a child is alleged to be involved.
(3) The Illinois State Police when administering the
provisions of the Intergovernmental Missing Child Recovery
Act of 1984.
(4) A physician who has before him a child whom he
reasonably suspects may be abused or neglected.
(5) A person authorized under Section 5 of this Act to
place a child in temporary protective custody when such
person requires the information in the report or record to

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determine whether to place the child in temporary
protective custody.
(6) A person having the legal responsibility or
authorization to care for, treat, or supervise a child, or
a parent, prospective adoptive parent, foster parent,
guardian, or other person responsible for the child's
welfare, who is the subject of a report.
(7) Except in regard to harmful or detrimental
information as provided in Section 7.19, any subject of
the report, and if the subject of the report is a minor,
his guardian or guardian ad litem.
(8) A court, upon its finding that access to such
records may be necessary for the determination of an issue
before such court; however, such access shall be limited
to in camera inspection, unless the court determines that
public disclosure of the information contained therein is
necessary for the resolution of an issue then pending
before it.
(8.1) A probation officer or other authorized
representative of a probation or court services department
conducting an investigation ordered by a court under the
Juvenile Court Act of 1987.
(9) A grand jury, upon its determination that access
to such records is necessary in the conduct of its
official business.
(10) Any person authorized by the Director, in

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writing, for audit or bona fide research purposes.
(11) Law enforcement agencies, coroners or medical
examiners, physicians, courts, school superintendents and
child welfare agencies in other states who are responsible
for child abuse or neglect investigations or background
investigations.
(12) The Department of Professional Regulation, the
State Board of Education and school superintendents in
Illinois, who may use or disclose information from the
records as they deem necessary to conduct investigations
or take disciplinary action, as provided by law.
(13) A coroner or medical examiner who has reason to
believe that a child has died as the result of abuse or
neglect.
(14) The Director of a State-operated facility when an
employee of that facility is the perpetrator in an
indicated report.
(15) The operator of a licensed child care facility or
a facility licensed by the Department of Human Services
(as successor to the Department of Alcoholism and
Substance Abuse) in which children reside when a current
or prospective employee of that facility is the
perpetrator in an indicated child abuse or neglect report,
pursuant to Section 4.3 of the Child Care Act of 1969.
(16) Members of a multidisciplinary team in the
furtherance of its responsibilities under subsection (b)

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of Section 7.1. All reports concerning child abuse and
neglect made available to members of such
multidisciplinary teams and all records generated as a
result of such reports shall be confidential and shall not
be disclosed, except as specifically authorized by this
Act or other applicable law. It is a Class A misdemeanor to
permit, assist or encourage the unauthorized release of
any information contained in such reports or records.
Nothing contained in this Section prevents the sharing of
reports or records relating or pertaining to the death of
a minor under the care of or receiving services from the
Department of Children and Family Services and under the
jurisdiction of the juvenile court with the juvenile
court, the State's Attorney, and the minor's attorney.
(17) The Department of Human Services, as provided in
Section 17 of the Rehabilitation of Persons with
Disabilities Act.
(18) Any other agency or investigative body, including
the Department of Public Health and a local board of
health, authorized by State law to conduct an
investigation into the quality of care provided to
children in hospitals and other State regulated care
facilities.
(19) The person appointed, under Section 2-17 of the
Juvenile Court Act of 1987, as the guardian ad litem of a
minor who is the subject of a report or records under this

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Act; or the person appointed, under Section 5-610 of the
Juvenile Court Act of 1987, as the guardian ad litem of a
minor who is in the custody or guardianship of the
Department or who has an open intact family services case
with the Department and who is the subject of a report or
records made pursuant to this Act.
(20) The Department of Human Services, as provided in
Section 10 of the Early Intervention Services System Act,
and the operator of a facility providing early
intervention services pursuant to that Act, for the
purpose of determining whether a current or prospective
employee who provides or may provide direct services under
that Act is the perpetrator in an indicated report of
child abuse or neglect filed under this Act.
(b) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to
juveniles subject to the provisions of the Serious Habitual
Offender Comprehensive Action Program when that information is
used to assist in the early identification and treatment of
habitual juvenile offenders.
(c) To the extent that persons or agencies are given
access to information pursuant to this Section, those persons
or agencies may give this information to and receive this
information from each other in order to facilitate an
investigation conducted by those persons or agencies.
(Source: P.A. 101-43, eff. 1-1-20; 102-538, eff. 8-20-21.)

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Section 25. The Abused and Neglected Child Reporting Act
is amended by changing Section 3 as follows:
(325 ILCS 15/3) (from Ch. 23, par. 2083)
Sec. 3. The functions and goals of the programs to be
developed and provided by the Department of Children and
Family Services shall include:
(a) Provision of counseling, treatment, rehabilitation and
assistance to sexually abused and exploited children and their
families, particularly to victims of predatory criminal sexual
assault of a child, aggravated criminal sexual assault,
criminal sexual assault, aggravated criminal sexual abuse and
criminal sexual abuse and child sexual abuse material
pornography, and provision of training and education and
professional counseling to other persons responsible for the
child's welfare, personnel of the Department responsible for
the licensure of facilities under the Child Care Act of 1969,
and persons required to file reports and conduct
investigations of such reports under the Abused and Neglected
Child Reporting Act;
(b) Hastening the process of reconstituting the family and
the marriage, where such would be in the interest of the child;
(c) Marshaling and coordinating the services of all
agencies responsible for the detection of a sexually abused
and exploited child and for serving such a child, the child's

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family, or others responsible for the child's welfare, as well
as for the development of other resources necessary to ensure
a comprehensive program for the prevention of such abuse and
exploitation, supportive case management;
(d) Responding to individual physical, emotional, and
social needs of clients so that supportive services are
individually tailored and applied as long as necessary;
(e) Informing the public at large and professional
agencies about the problem of child sexual abuse and
exploitation, methods of detecting and responding to such
incidents, including those established under the Abused and
Neglected Child Reporting Act, the availability of State
service and other resources for responding to victims of such
abuse and exploitation, and about the existence and supportive
approach of treatment center programs; and
(f) Development of informational and training materials
and seminars to assure the availability of such programs and
services throughout the State, emphasizing the need for
cooperation and coordination with all appropriate elements of
the criminal justice system and law enforcement system.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
Section 30. 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)

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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).
(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 sexual abuse material
pornography, aggravated child sexual abuse material

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pornography, 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 35. The Illinois Child Online Exploitation
Reporting Act is amended by changing Section 10 as follows:
(325 ILCS 47/10)
Sec. 10. Registration. Any entity, subject to the
reporting requirements of 42 U.S.C. 13032, while engaged in
providing an electronic communications service or a remote
computing service to the public, must provide the following
information to the Cyber Tipline at the National Center for
Missing and Exploited Children in order to facilitate the
required reporting of child sexual abuse material pornography
crimes, pursuant to 42 U.S.C. 13032:
(a) the agent's name, phone number, and email address; and
(b) the name of the agent's employer.
(Source: P.A. 95-983, eff. 10-3-08.)
Section 40. The Criminal and Traffic Assessment Act is
amended by changing Section 15-70 as follows:
(705 ILCS 135/15-70)
(Section scheduled to be repealed on January 1, 2024)

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Sec. 15-70. Conditional assessments. In addition to
payments under one of the Schedule of Assessments 1 through 13
of this Act, the court shall also order payment of any of the
following conditional assessment amounts for each sentenced
violation in the case to which a conditional assessment is
applicable, which shall be collected and remitted by the Clerk
of the Circuit Court as provided in this Section:
(1) arson, residential arson, or aggravated arson,
$500 per conviction to the State Treasurer for deposit
into the Fire Prevention Fund;
(2) child sexual abuse material pornography under
Section 11-20.1 of the Criminal Code of 1961 or the
Criminal Code of 2012, $500 per conviction, unless more
than one agency is responsible for the arrest in which
case the amount shall be remitted to each unit of
government equally:
(A) if the arresting agency is an agency of a unit
of local government, $500 to the treasurer of the unit
of local government for deposit into the unit of local
government's General Fund, except that if the Illinois
State Police provides digital or electronic forensic
examination assistance, or both, to the arresting
agency then $100 to the State Treasurer for deposit
into the State Crime Laboratory Fund; or
(B) if the arresting agency is the Illinois State
Police, $500 to the State Treasurer for deposit into

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the State Crime Laboratory Fund;
(3) crime laboratory drug analysis for a drug-related
offense involving possession or delivery of cannabis or
possession or delivery of a controlled substance as
defined in the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act, $100 reimbursement for
laboratory analysis, as set forth in subsection (f) of
Section 5-9-1.4 of the Unified Code of Corrections;
(4) DNA analysis, $250 on each conviction in which it
was used to the State Treasurer for deposit into the State
Crime Laboratory Fund as set forth in Section 5-9-1.4 of
the Unified Code of Corrections;
(5) DUI analysis, $150 on each sentenced violation in
which it was used as set forth in subsection (f) of Section
5-9-1.9 of the Unified Code of Corrections;
(6) drug-related offense involving possession or
delivery of cannabis or possession or delivery of a
controlled substance, other than methamphetamine, as
defined in the Cannabis Control Act or the Illinois
Controlled Substances Act, an amount not less than the
full street value of the cannabis or controlled substance
seized for each conviction to be disbursed as follows:
(A) 12.5% of the street value assessment shall be
paid into the Youth Drug Abuse Prevention Fund, to be
used by the Department of Human Services for the

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funding of programs and services for drug-abuse
treatment, and prevention and education services;
(B) 37.5% to the county in which the charge was
prosecuted, to be deposited into the county General
Fund;
(C) 50% to the treasurer of the arresting law
enforcement agency of the municipality or county, or
to the State Treasurer if the arresting agency was a
state agency, to be deposited as provided in
subsection (c) of Section 10-5;
(D) if the arrest was made in combination with
multiple law enforcement agencies, the clerk shall
equitably allocate the portion in subparagraph (C) of
this paragraph (6) among the law enforcement agencies
involved in the arrest;
(6.5) Kane County or Will County, in felony,
misdemeanor, local or county ordinance, traffic, or
conservation cases, up to $30 as set by the county board
under Section 5-1101.3 of the Counties Code upon the entry
of a judgment of conviction, an order of supervision, or a
sentence of probation without entry of judgment under
Section 10 of the Cannabis Control Act, Section 410 of the
Illinois Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
the Criminal Code of 1961 or the Criminal Code of 2012,

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Section 10-102 of the Illinois Alcoholism and Other Drug
Dependency Act, or Section 10 of the Steroid Control Act;
except in local or county ordinance, traffic, and
conservation cases, if fines are paid in full without a
court appearance, then the assessment shall not be imposed
or collected. Distribution of assessments collected under
this paragraph (6.5) shall be as provided in Section
5-1101.3 of the Counties Code;
(7) methamphetamine-related offense involving
possession or delivery of methamphetamine or any salt of
an optical isomer of methamphetamine or possession of a
methamphetamine manufacturing material as set forth in
Section 10 of the Methamphetamine Control and Community
Protection Act with the intent to manufacture a substance
containing methamphetamine or salt of an optical isomer of
methamphetamine, an amount not less than the full street
value of the methamphetamine or salt of an optical isomer
of methamphetamine or methamphetamine manufacturing
materials seized for each conviction to be disbursed as
follows:
(A) 12.5% of the street value assessment shall be
paid into the Youth Drug Abuse Prevention Fund, to be
used by the Department of Human Services for the
funding of programs and services for drug-abuse
treatment, and prevention and education services;
(B) 37.5% to the county in which the charge was

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prosecuted, to be deposited into the county General
Fund;
(C) 50% to the treasurer of the arresting law
enforcement agency of the municipality or county, or
to the State Treasurer if the arresting agency was a
state agency, to be deposited as provided in
subsection (c) of Section 10-5;
(D) if the arrest was made in combination with
multiple law enforcement agencies, the clerk shall
equitably allocate the portion in subparagraph (C) of
this paragraph (6) among the law enforcement agencies
involved in the arrest;
(8) order of protection violation under Section 12-3.4
of the Criminal Code of 2012, $200 for each conviction to
the county treasurer for deposit into the Probation and
Court Services Fund for implementation of a domestic
violence surveillance program and any other assessments or
fees imposed under Section 5-9-1.16 of the Unified Code of
Corrections;
(9) order of protection violation, $25 for each
violation to the State Treasurer, for deposit into the
Domestic Violence Abuser Services Fund;
(10) prosecution by the State's Attorney of a:
(A) petty or business offense, $4 to the county
treasurer of which $2 deposited into the State's
Attorney Records Automation Fund and $2 into the

HB5490 Engrossed - 24 - LRB102 25922 RLC 35294 b
Public Defender Records Automation Fund;
(B) conservation or traffic offense, $2 to the
county treasurer for deposit into the State's Attorney
Records Automation Fund;
(11) speeding in a construction zone violation, $250
to the State Treasurer for deposit into the Transportation
Safety Highway Hire-back Fund, unless (i) the violation
occurred on a highway other than an interstate highway and
(ii) a county police officer wrote the ticket for the
violation, in which case to the county treasurer for
deposit into that county's Transportation Safety Highway
Hire-back Fund;
(12) supervision disposition on an offense under the
Illinois Vehicle Code or similar provision of a local
ordinance, 50 cents, unless waived by the court, into the
Prisoner Review Board Vehicle and Equipment Fund;
(13) victim and offender are family or household
members as defined in Section 103 of the Illinois Domestic
Violence Act of 1986 and offender pleads guilty or no
contest to or is convicted of murder, voluntary
manslaughter, involuntary manslaughter, burglary,
residential burglary, criminal trespass to residence,
criminal trespass to vehicle, criminal trespass to land,
criminal damage to property, telephone harassment,
kidnapping, aggravated kidnaping, unlawful restraint,
forcible detention, child abduction, indecent solicitation

HB5490 Engrossed - 25 - LRB102 25922 RLC 35294 b
of a child, sexual relations between siblings,
exploitation of a child, child sexual abuse material
pornography, assault, aggravated assault, battery,
aggravated battery, heinous battery, aggravated battery of
a child, domestic battery, reckless conduct, intimidation,
criminal sexual assault, predatory criminal sexual assault
of a child, aggravated criminal sexual assault, criminal
sexual abuse, aggravated criminal sexual abuse, violation
of an order of protection, disorderly conduct, endangering
the life or health of a child, child abandonment,
contributing to dependency or neglect of child, or cruelty
to children and others, $200 for each sentenced violation
to the State Treasurer for deposit as follows: (i) for
sexual assault, as defined in Section 5-9-1.7 of the
Unified Code of Corrections, when the offender and victim
are family members, one-half to the Domestic Violence
Shelter and Service Fund, and one-half to the Sexual
Assault Services Fund; (ii) for the remaining offenses to
the Domestic Violence Shelter and Service Fund;
(14) violation of Section 11-501 of the Illinois
Vehicle Code, Section 5-7 of the Snowmobile Registration
and Safety Act, Section 5-16 of the Boat Registration and
Safety Act, or a similar provision, whose operation of a
motor vehicle, snowmobile, or watercraft while in
violation of Section 11-501, Section 5-7 of the Snowmobile
Registration and Safety Act, Section 5-16 of the Boat

HB5490 Engrossed - 26 - LRB102 25922 RLC 35294 b
Registration and Safety Act, or a similar provision
proximately caused an incident resulting in an appropriate
emergency response, $1,000 maximum to the public agency
that provided an emergency response related to the
person's violation, or as provided in subsection (c) of
Section 10-5 if the arresting agency was a State agency,
unless more than one agency was responsible for the
arrest, in which case the amount shall be remitted to each
unit of government equally;
(15) violation of Section 401, 407, or 407.2 of the
Illinois Controlled Substances Act that proximately caused
any incident resulting in an appropriate drug-related
emergency response, $1,000 as reimbursement for the
emergency response to the law enforcement agency that made
the arrest, or as provided in subsection (c) of Section
10-5 if the arresting agency was a State agency, unless
more than one agency was responsible for the arrest, in
which case the amount shall be remitted to each unit of
government equally;
(16) violation of reckless driving, aggravated
reckless driving, or driving 26 miles per hour or more in
excess of the speed limit that triggered an emergency
response, $1,000 maximum reimbursement for the emergency
response to be distributed in its entirety to a public
agency that provided an emergency response related to the
person's violation, or as provided in subsection (c) of

HB5490 Engrossed - 27 - LRB102 25922 RLC 35294 b
Section 10-5 if the arresting agency was a State agency,
unless more than one agency was responsible for the
arrest, in which case the amount shall be remitted to each
unit of government equally;
(17) violation based upon each plea of guilty,
stipulation of facts, or finding of guilt resulting in a
judgment of conviction or order of supervision for an
offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
the Criminal Code of 2012 that results in the imposition
of a fine, to be distributed as follows:
(A) $50 to the county treasurer for deposit into
the Circuit Court Clerk Operation and Administrative
Fund to cover the costs in administering this
paragraph (17);
(B) $300 to the State Treasurer who shall deposit
the portion as follows:
(i) if the arresting or investigating agency
is the Illinois State Police, into the State
Police Law Enforcement Administration Fund;
(ii) if the arresting or investigating agency
is the Department of Natural Resources, into the
Conservation Police Operations Assistance Fund;
(iii) if the arresting or investigating agency
is the Secretary of State, into the Secretary of
State Police Services Fund;
(iv) if the arresting or investigating agency

HB5490 Engrossed - 28 - LRB102 25922 RLC 35294 b
is the Illinois Commerce Commission, into the
Transportation Regulatory Fund; or
(v) if more than one of the State agencies in
this subparagraph (B) is the arresting or
investigating agency, then equal shares with the
shares deposited as provided in the applicable
items (i) through (iv) of this subparagraph (B);
and
(C) the remainder for deposit into the Specialized
Services for Survivors of Human Trafficking Fund;
(18) weapons violation under Section 24-1.1, 24-1.2,
or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
of 2012, $100 for each conviction to the State Treasurer
for deposit into the Trauma Center Fund; and
(19) violation of subsection (c) of Section 11-907 of
the Illinois Vehicle Code, $250 to the State Treasurer for
deposit into the Scott's Law Fund, unless a county or
municipal police officer wrote the ticket for the
violation, in which case to the county treasurer for
deposit into that county's or municipality's
Transportation Safety Highway Hire-back Fund to be used as
provided in subsection (j) of Section 11-907 of the
Illinois Vehicle Code.
(Source: P.A. 101-173, eff. 1-1-20; 101-636, eff. 6-10-20;
102-145, eff. 7-23-21; 102-505, eff. 8-20-21; 102-538, eff.
8-20-21; revised 10-13-21.)

HB5490 Engrossed - 29 - LRB102 25922 RLC 35294 b
Section 45. The Juvenile Court Act of 1987 is amended by
changing Section 3-40 as follows:
(705 ILCS 405/3-40)
Sec. 3-40. Minors involved in electronic dissemination of
indecent visual depictions in need of supervision.
(a) For the purposes of this Section:
"Computer" has the meaning ascribed to it in Section
17-0.5 of the Criminal Code of 2012.
"Electronic communication device" means an electronic
device, including but not limited to a wireless telephone,
personal digital assistant, or a portable or mobile computer,
that is capable of transmitting images or pictures.
"Indecent visual depiction" means a depiction or portrayal
in any pose, posture, or setting involving a lewd exhibition
of the unclothed or transparently clothed genitals, pubic
area, buttocks, or, if such person is female, a fully or
partially developed breast of the person.
"Minor" means a person under 18 years of age.
(b) A minor shall not distribute or disseminate an
indecent visual depiction of another minor through the use of
a computer or electronic communication device.
(c) Adjudication. A minor who violates subsection (b) of
this Section may be subject to a petition for adjudication and
adjudged a minor in need of supervision.

HB5490 Engrossed - 30 - LRB102 25922 RLC 35294 b
(d) Kinds of dispositional orders. A minor found to be in
need of supervision under this Section may be:
(1) ordered to obtain counseling or other supportive
services to address the acts that led to the need for
supervision; or
(2) ordered to perform community service.
(e) Nothing in this Section shall be construed to prohibit
a prosecution for disorderly conduct, public indecency, child
sexual abuse material pornography, a violation of Article 26.5
(Harassing and Obscene Communications) of the Criminal Code of
2012, or any other applicable provision of law.
(Source: P.A. 99-78, eff. 7-20-15.)
Section 50. The Criminal Code of 2012 is amended by
changing Sections 3-5, 3-6, 11-0.1, 11-9.1, 11-9.3, 11-20.1,
11-20.2, 11-23, 11-25, 14-3, 26-4, and 36-1 as follows:
(720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
Sec. 3-5. General limitations.
(a) A prosecution for: (1) first degree murder, attempt to
commit first degree murder, second degree murder, involuntary
manslaughter, reckless homicide, a violation of subparagraph
(F) of paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code for the offense of aggravated driving
under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination thereof

HB5490 Engrossed - 31 - LRB102 25922 RLC 35294 b
when the violation was a proximate cause of a death, leaving
the scene of a motor vehicle accident involving death or
personal injuries under Section 11-401 of the Illinois Vehicle
Code, failing to give information and render aid under Section
11-403 of the Illinois Vehicle Code, concealment of homicidal
death, treason, arson, residential arson, aggravated arson,
forgery, child sexual abuse material pornography under
paragraph (1) of subsection (a) of Section 11-20.1, or
aggravated child sexual abuse material pornography under
paragraph (1) of subsection (a) of Section 11-20.1B, or (2)
any offense involving sexual conduct or sexual penetration, as
defined by Section 11-0.1 of this Code may be commenced at any
time.
(a-5) A prosecution for theft of property exceeding
$100,000 in value under Section 16-1, identity theft under
subsection (a) of Section 16-30, aggravated identity theft
under subsection (b) of Section 16-30, financial exploitation
of an elderly person or a person with a disability under
Section 17-56; theft by deception of a victim 60 years of age
or older or a person with a disability under Section 16-1; or
any offense set forth in Article 16H or Section 17-10.6 may be
commenced within 7 years of the last act committed in
furtherance of the crime.
(b) Unless the statute describing the offense provides
otherwise, or the period of limitation is extended by Section
3-6, a prosecution for any offense not designated in

HB5490 Engrossed - 32 - LRB102 25922 RLC 35294 b
subsection (a) or (a-5) must be commenced within 3 years after
the commission of the offense if it is a felony, or within one
year and 6 months after its commission if it is a misdemeanor.
(Source: P.A. 101-130, eff. 1-1-20; 102-244, eff. 1-1-22.)
(720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
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

HB5490 Engrossed - 33 - LRB102 25922 RLC 35294 b
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
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.
(b-8) When the victim is under 17 years of age at the time
of the offense or is a person with a disability, a prosecution

HB5490 Engrossed - 34 - LRB102 25922 RLC 35294 b
for grooming may be commenced within 10 years after the victim
or the person with a disability attains 17 years of age.
(c) (Blank).
(d) A prosecution for child sexual abuse material
pornography, aggravated child sexual abuse material
pornography, indecent solicitation of a child, soliciting for
a juvenile prostitute, juvenile pimping, exploitation of a
child, or promoting juvenile prostitution except for keeping a
place of juvenile prostitution may be commenced within one
year 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.

HB5490 Engrossed - 35 - LRB102 25922 RLC 35294 b
(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
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 kidnapping 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

HB5490 Engrossed - 36 - LRB102 25922 RLC 35294 b
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
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 kidnapping 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

HB5490 Engrossed - 37 - LRB102 25922 RLC 35294 b
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
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

HB5490 Engrossed - 38 - LRB102 25922 RLC 35294 b
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.
(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
101-130, eff. 1-1-20; 101-285, eff. 1-1-20; 102-558, eff.
8-20-21.)
(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 sexual abuse material
pornography Internet site". See Section 11-23.
"Advance prostitution" means:
(1) Soliciting for a prostitute by performing any of
the following acts when acting other than as a prostitute
or a patron of a prostitute:
(A) Soliciting another for the purpose of
prostitution.
(B) Arranging or offering to arrange a meeting of
persons for the purpose of prostitution.
(C) Directing another to a place knowing the

HB5490 Engrossed - 39 - LRB102 25922 RLC 35294 b
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 prostitute or a patron of a
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.
"Child care institution". See Section 11-9.3.
"Child sexual abuse material pornography". See Section
11-20.1.

HB5490 Engrossed - 40 - LRB102 25922 RLC 35294 b
"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,
sibling, 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 3 6 months.
"Force or threat of force" means the use of force or
violence or the threat of force or violence, including, but
not limited to, the following situations:

HB5490 Engrossed - 41 - LRB102 25922 RLC 35294 b
(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 prostitute, to receive anything of value for personally
rendered prostitution services or to receive anything of value
from a prostitute, if the thing received is not for lawful
consideration and the person knows it was earned in whole or in

HB5490 Engrossed - 42 - LRB102 25922 RLC 35294 b
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
another person, including, but not limited to, cunnilingus,
fellatio, or anal penetration. Evidence of emission of semen
is not required to prove sexual penetration.

HB5490 Engrossed - 43 - LRB102 25922 RLC 35294 b
"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. 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
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; or
(5) was asleep, unconscious, or surprised such that
the victim could not give voluntary, intelligent, and

HB5490 Engrossed - 44 - LRB102 25922 RLC 35294 b
knowing agreement to the sexual act.
It is inferred that a victim is unable to give knowing
consent 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;
(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

HB5490 Engrossed - 45 - LRB102 25922 RLC 35294 b
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.)
(720 ILCS 5/11-9.1) (from Ch. 38, par. 11-9.1)
Sec. 11-9.1. Sexual exploitation of a child.
(a) A person commits sexual exploitation of a child if in
the presence or virtual presence, or both, of a child and with
knowledge that a child or one whom he or she believes to be a
child would view his or her acts, that person:
(1) engages in a sexual act; or
(2) exposes his or her sex organs, anus or breast for

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the purpose of sexual arousal or gratification of such
person or the child or one whom he or she believes to be a
child; or
(3) knowingly entices, coerces, or persuades a child
to participate in the production of the recording or
memorializing a sexual act of persons ages 18 or older.
(a-5) A person commits sexual exploitation of a child who
knowingly entices, coerces, or persuades a child to remove the
child's clothing for the purpose of sexual arousal or
gratification of the person or the child, or both.
(b) Definitions. As used in this Section:
"Sexual act" means masturbation, sexual conduct or sexual
penetration as defined in Section 11-0.1 of this Code.
"Sex offense" means any violation of Article 11 of this
Code.
"Child" means a person under 17 years of age.
"Virtual presence" means an environment that is created
with software and presented to the user and or receiver via the
Internet, in such a way that the user appears in front of the
receiver on the computer monitor or screen or hand-held
portable electronic device, usually through a web camming
program. "Virtual presence" includes primarily experiencing
through sight or sound, or both, a video image that can be
explored interactively at a personal computer or hand-held
communication device, or both.
"Webcam" means a video capturing device connected to a

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computer or computer network that is designed to take digital
photographs or live or recorded video which allows for the
live transmission to an end user over the Internet.
(c) Sentence.
(1) Sexual exploitation of a child is a Class A
misdemeanor. A second or subsequent violation of this
Section or a substantially similar law of another state is
a Class 4 felony.
(2) Sexual exploitation of a child is a Class 4 felony
if the person has been previously convicted of a sex
offense.
(3) Sexual exploitation of a child is a Class 4 felony
if the victim was under 13 years of age at the time of the
commission of the offense.
(4) Sexual exploitation of a child is a Class 4 felony
if committed by a person 18 years of age or older who is on
or within 500 feet of elementary or secondary school
grounds when children are present on the grounds.
(5) A violation of paragraph (3) of subsection (a) is
a Class 4 felony for a first offense; and a Class 3 felony
for a second or subsequent offense, or if the person has
been previously convicted of a sex offense.
(Source: P.A. 102-168, eff. 7-27-21.)
(720 ILCS 5/11-9.3)
Sec. 11-9.3. Presence within school zone by child sex

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offenders prohibited; approaching, contacting, residing with,
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

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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.
(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

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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
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

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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-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

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child care facility if the property is owned by the child sex
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

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programs or services exclusively directed toward persons under
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

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paragraph (2) of subsection (d) of this Section, the offense
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
county 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

HB5490 Engrossed - 56 - LRB102 25922 RLC 35294 b
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 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
juvenile prostitution), 11-18.1 (patronizing a
juvenile prostitute), 11-20.1 (child sexual abuse

HB5490 Engrossed - 58 - LRB102 25922 RLC 35294 b
material pornography), 11-20.1B (aggravated child
sexual abuse material 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
of the Criminal Code of 1961 or the Criminal Code of

HB5490 Engrossed - 59 - LRB102 25922 RLC 35294 b
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)
(promoting prostitution by advancing prostitution),
11-14.3(a)(2)(A) (promoting prostitution by profiting

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from prostitution by compelling a person to be a
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 juvenile prostitution), 11-18.1
(patronizing a juvenile prostitute), 11-20.1 (child
sexual abuse material pornography), 11-20.1B
(aggravated child sexual abuse material 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
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),

HB5490 Engrossed - 61 - LRB102 25922 RLC 35294 b
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.
(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

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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.
(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

HB5490 Engrossed - 63 - LRB102 25922 RLC 35294 b
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
of a Class 4 felony.
(Source: P.A. 100-428, eff. 1-1-18.)

HB5490 Engrossed - 64 - LRB102 25922 RLC 35294 b
(720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
Sec. 11-20.1. Child sexual abuse material pornography.
(a) A person commits child sexual abuse material
pornography who:
(1) films, videotapes, photographs, or otherwise
depicts or portrays by means of any similar visual medium
or reproduction or depicts by computer any child whom he
or she knows or reasonably should know to be under the age
of 18 or any person with a severe or profound intellectual
disability where such child or person with a severe or
profound intellectual disability is:
(i) actually or by simulation engaged in any act
of sexual penetration or sexual conduct with any
person or animal; or
(ii) actually or by simulation engaged in any act
of sexual penetration or sexual conduct involving the
sex organs of the child or person with a severe or
profound intellectual disability and the mouth, anus,
or sex organs of another person or animal; or which
involves the mouth, anus or sex organs of the child or
person with a severe or profound intellectual
disability and the sex organs of another person or
animal; or
(iii) actually or by simulation engaged in any act
of masturbation; or
(iv) actually or by simulation portrayed as being

HB5490 Engrossed - 65 - LRB102 25922 RLC 35294 b
the object of, or otherwise engaged in, any act of lewd
fondling, touching, or caressing involving another
person or animal; or
(v) actually or by simulation engaged in any act
of excretion or urination within a sexual context; or
(vi) actually or by simulation portrayed or
depicted as bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in any sexual
context; or
(vii) depicted or portrayed in any pose, posture
or setting involving a lewd exhibition of the
unclothed or transparently clothed genitals, pubic
area, buttocks, or, if such person is female, a fully
or partially developed breast of the child or other
person; or
(2) with the knowledge of the nature or content
thereof, reproduces, disseminates, offers to disseminate,
exhibits or possesses with intent to disseminate any film,
videotape, photograph or other similar visual reproduction
or depiction by computer of any child or person with a
severe or profound intellectual disability whom the person
knows or reasonably should know to be under the age of 18
or to be a person with a severe or profound intellectual
disability, engaged in any activity described in
subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or

HB5490 Engrossed - 66 - LRB102 25922 RLC 35294 b
(3) with knowledge of the subject matter or theme
thereof, produces any stage play, live performance, film,
videotape or other similar visual portrayal or depiction
by computer which includes a child whom the person knows
or reasonably should know to be under the age of 18 or a
person with a severe or profound intellectual disability
engaged in any activity described in subparagraphs (i)
through (vii) of paragraph (1) of this subsection; or
(4) solicits, uses, persuades, induces, entices, or
coerces any child whom he or she knows or reasonably
should know to be under the age of 18 or a person with a
severe or profound intellectual disability to appear in
any stage play, live presentation, film, videotape,
photograph or other similar visual reproduction or
depiction by computer in which the child or person with a
severe or profound intellectual disability is or will be
depicted, actually or by simulation, in any act, pose or
setting described in subparagraphs (i) through (vii) of
paragraph (1) of this subsection; or
(5) is a parent, step-parent, legal guardian or other
person having care or custody of a child whom the person
knows or reasonably should know to be under the age of 18
or a person with a severe or profound intellectual
disability and who knowingly permits, induces, promotes,
or arranges for such child or person with a severe or
profound intellectual disability to appear in any stage

HB5490 Engrossed - 67 - LRB102 25922 RLC 35294 b
play, live performance, film, videotape, photograph or
other similar visual presentation, portrayal or simulation
or depiction by computer of any act or activity described
in subparagraphs (i) through (vii) of paragraph (1) of
this subsection; or
(6) with knowledge of the nature or content thereof,
possesses any film, videotape, photograph or other similar
visual reproduction or depiction by computer of any child
or person with a severe or profound intellectual
disability whom the person knows or reasonably should know
to be under the age of 18 or to be a person with a severe
or profound intellectual disability, engaged in any
activity described in subparagraphs (i) through (vii) of
paragraph (1) of this subsection; or
(7) solicits, or knowingly uses, persuades, induces,
entices, or coerces, a person to provide a child under the
age of 18 or a person with a severe or profound
intellectual disability to appear in any videotape,
photograph, film, stage play, live presentation, or other
similar visual reproduction or depiction by computer in
which the child or person with a severe or profound
intellectual disability will be depicted, actually or by
simulation, in any act, pose, or setting described in
subparagraphs (i) through (vii) of paragraph (1) of this
subsection.
(a-5) The possession of each individual film, videotape,

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photograph, or other similar visual reproduction or depiction
by computer in violation of this Section constitutes a single
and separate violation. This subsection (a-5) does not apply
to multiple copies of the same film, videotape, photograph, or
other similar visual reproduction or depiction by computer
that are identical to each other.
(b)(1) It shall be an affirmative defense to a charge of
child sexual abuse material pornography that the defendant
reasonably believed, under all of the circumstances, that the
child was 18 years of age or older or that the person was not a
person with a severe or profound intellectual disability but
only where, prior to the act or acts giving rise to a
prosecution under this Section, he or she took some
affirmative action or made a bonafide inquiry designed to
ascertain whether the child was 18 years of age or older or
that the person was not a person with a severe or profound
intellectual disability and his or her reliance upon the
information so obtained was clearly reasonable.
(1.5) Telecommunications carriers, commercial mobile
service providers, and providers of information services,
including, but not limited to, Internet service providers and
hosting service providers, are not liable under this Section
by virtue of the transmission, storage, or caching of
electronic communications or messages of others or by virtue
of the provision of other related telecommunications,
commercial mobile services, or information services used by

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others in violation of this Section.
(2) (Blank).
(3) The charge of child sexual abuse material pornography
shall not apply to the performance of official duties by law
enforcement or prosecuting officers or persons employed by law
enforcement or prosecuting agencies, court personnel or
attorneys, nor to bonafide treatment or professional education
programs conducted by licensed physicians, psychologists or
social workers. In any criminal proceeding, any property or
material that constitutes child sexual abuse material
pornography shall remain in the care, custody, and control of
either the State or the court. A motion to view the evidence
shall comply with subsection (e-5) of this Section.
(4) If the defendant possessed more than one of the same
film, videotape or visual reproduction or depiction by
computer in which child sexual abuse material pornography is
depicted, then the trier of fact may infer that the defendant
possessed such materials with the intent to disseminate them.
(5) The charge of child sexual abuse material pornography
does not apply to a person who does not voluntarily possess a
film, videotape, or visual reproduction or depiction by
computer in which child sexual abuse material pornography is
depicted. Possession is voluntary if the defendant knowingly
procures or receives a film, videotape, or visual reproduction
or depiction for a sufficient time to be able to terminate his
or her possession.

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(6) Any violation of paragraph (1), (2), (3), (4), (5), or
(7) of subsection (a) that includes a child engaged in,
solicited for, depicted in, or posed in any act of sexual
penetration or bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in a sexual context
shall be deemed a crime of violence.
(c) If the violation does not involve a film, videotape,
or other moving depiction, a violation of paragraph (1), (4),
(5), or (7) of subsection (a) is a Class 1 felony with a
mandatory minimum fine of $2,000 and a maximum fine of
$100,000. If the violation involves a film, videotape, or
other moving depiction, a violation of paragraph (1), (4),
(5), or (7) of subsection (a) is a Class X felony with a
mandatory minimum fine of $2,000 and a maximum fine of
$100,000. If the violation does not involve a film, videotape,
or other moving depiction, a violation of paragraph (3) of
subsection (a) is a Class 1 felony with a mandatory minimum
fine of $1500 and a maximum fine of $100,000. If the violation
involves a film, videotape, or other moving depiction, a
violation of paragraph (3) of subsection (a) is a Class X
felony with a mandatory minimum fine of $1500 and a maximum
fine of $100,000. If the violation does not involve a film,
videotape, or other moving depiction, a violation of paragraph
(2) of subsection (a) is a Class 1 felony with a mandatory
minimum fine of $1000 and a maximum fine of $100,000. If the
violation involves a film, videotape, or other moving

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depiction, a violation of paragraph (2) of subsection (a) is a
Class X felony with a mandatory minimum fine of $1000 and a
maximum fine of $100,000. If the violation does not involve a
film, videotape, or other moving depiction, a violation of
paragraph (6) of subsection (a) is a Class 3 felony with a
mandatory minimum fine of $1000 and a maximum fine of
$100,000. If the violation involves a film, videotape, or
other moving depiction, a violation of paragraph (6) of
subsection (a) is a Class 2 felony with a mandatory minimum
fine of $1000 and a maximum fine of $100,000.
(c-5) Where the child depicted is under the age of 13, a
violation of paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) is a Class X felony with a mandatory minimum
fine of $2,000 and a maximum fine of $100,000. Where the child
depicted is under the age of 13, a violation of paragraph (6)
of subsection (a) is a Class 2 felony with a mandatory minimum
fine of $1,000 and a maximum fine of $100,000. Where the child
depicted is under the age of 13, a person who commits a
violation of paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) where the defendant has previously been
convicted under the laws of this State or any other state of
the offense of child sexual abuse material pornography,
aggravated child sexual abuse material 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,

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indecent liberties with a child, or aggravated indecent
liberties with a child where the victim was under the age of 18
years or an offense that is substantially equivalent to those
offenses, is guilty of a Class X felony for which the person
shall be sentenced to a term of imprisonment of not less than 9
years with a mandatory minimum fine of $2,000 and a maximum
fine of $100,000. Where the child depicted is under the age of
13, a person who commits a violation of paragraph (6) of
subsection (a) where the defendant has previously been
convicted under the laws of this State or any other state of
the offense of child sexual abuse material pornography,
aggravated child sexual abuse material pornography, aggravated
criminal sexual abuse, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, or any of the
offenses formerly known as rape, deviate sexual assault,
indecent liberties with a child, or aggravated indecent
liberties with a child where the victim was under the age of 18
years or an offense that is substantially equivalent to those
offenses, is guilty of a Class 1 felony with a mandatory
minimum fine of $1,000 and a maximum fine of $100,000. The
issue of whether the child depicted is under the age of 13 is
an element of the offense to be resolved by the trier of fact.
(d) If a person is convicted of a second or subsequent
violation of this Section within 10 years of a prior
conviction, the court shall order a presentence psychiatric
examination of the person. The examiner shall report to the

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court whether treatment of the person is necessary.
(e) Any film, videotape, photograph or other similar
visual reproduction or depiction by computer which includes a
child under the age of 18 or a person with a severe or profound
intellectual disability engaged in any activity described in
subparagraphs (i) through (vii) of or paragraph (1) 1 of
subsection (a), and any material or equipment used or intended
for use in photographing, filming, printing, producing,
reproducing, manufacturing, projecting, exhibiting, depiction
by computer, or disseminating such material shall be seized
and forfeited in the manner, method and procedure provided by
Section 36-1 of this Code for the seizure and forfeiture of
vessels, vehicles and aircraft.
In addition, any person convicted under this Section is
subject to the property forfeiture provisions set forth in
Article 124B of the Code of Criminal Procedure of 1963.
(e-5) Upon the conclusion of a case brought under this
Section, the court shall seal all evidence depicting a victim
or witness that is sexually explicit. The evidence may be
unsealed and viewed, on a motion of the party seeking to unseal
and view the evidence, only for good cause shown and in the
discretion of the court. The motion must expressly set forth
the purpose for viewing the material. The State's Attorney
attorney and the victim, if possible, shall be provided
reasonable notice of the hearing on the motion to unseal the
evidence. Any person entitled to notice of a hearing under

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this subsection (e-5) may object to the motion.
(f) Definitions. For the purposes of this Section:
(1) "Disseminate" means (i) to sell, distribute,
exchange or transfer possession, whether with or without
consideration or (ii) to make a depiction by computer
available for distribution or downloading through the
facilities of any telecommunications network or through
any other means of transferring computer programs or data
to a computer.
(2) "Produce" means to direct, promote, advertise,
publish, manufacture, issue, present or show.
(3) "Reproduce" means to make a duplication or copy.
(4) "Depict by computer" means to generate or create,
or cause to be created or generated, a computer program or
data that, after being processed by a computer either
alone or in conjunction with one or more computer
programs, results in a visual depiction on a computer
monitor, screen, or display.
(5) "Depiction by computer" means a computer program
or data that, after being processed by a computer either
alone or in conjunction with one or more computer
programs, results in a visual depiction on a computer
monitor, screen, or display.
(6) "Computer", "computer program", and "data" have
the meanings ascribed to them in Section 17.05 of this
Code.

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(7) For the purposes of this Section, "child sexual
abuse material pornography" includes a film, videotape,
photograph, or other similar visual medium or reproduction
or depiction by computer that is, or appears to be, that of
a person, either in part, or in total, under the age of 18
or a person with a severe or profound intellectual
disability, regardless of the method by which the film,
videotape, photograph, or other similar visual medium or
reproduction or depiction by computer is created, adopted,
or modified to appear as such. "Child sexual abuse
material pornography" also includes a film, videotape,
photograph, or other similar visual medium or reproduction
or depiction by computer that is advertised, promoted,
presented, described, or distributed in such a manner that
conveys the impression that the film, videotape,
photograph, or other similar visual medium or reproduction
or depiction by computer is of a person under the age of 18
or a person with a severe or profound intellectual
disability.
(g) Re-enactment; findings; purposes.
(1) The General Assembly finds and declares that:
(i) Section 50-5 of Public Act 88-680, effective
January 1, 1995, contained provisions amending the
child sexual abuse material pornography statute,
Section 11-20.1 of the Criminal Code of 1961. Section
50-5 also contained other provisions.

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(ii) In addition, Public Act 88-680 was entitled
"AN ACT to create a Safe Neighborhoods Law". (A)
Article 5 was entitled JUVENILE JUSTICE and amended
the Juvenile Court Act of 1987. (B) Article 15 was
entitled GANGS and amended various provisions of the
Criminal Code of 1961 and the Unified Code of
Corrections. (C) Article 20 was entitled ALCOHOL ABUSE
and amended various provisions of the Illinois Vehicle
Code. (D) Article 25 was entitled DRUG ABUSE and
amended the Cannabis Control Act and the Illinois
Controlled Substances Act. (E) Article 30 was entitled
FIREARMS and amended the Criminal Code of 1961 and the
Code of Criminal Procedure of 1963. (F) Article 35
amended the Criminal Code of 1961, the Rights of Crime
Victims and Witnesses Act, and the Unified Code of
Corrections. (G) Article 40 amended the Criminal Code
of 1961 to increase the penalty for compelling
organization membership of persons. (H) Article 45
created the Secure Residential Youth Care Facility
Licensing Act and amended the State Finance Act, the
Juvenile Court Act of 1987, the Unified Code of
Corrections, and the Private Correctional Facility
Moratorium Act. (I) Article 50 amended the WIC Vendor
Management Act, the Firearm Owners Identification Card
Act, the Juvenile Court Act of 1987, the Criminal Code
of 1961, the Wrongs to Children Act, and the Unified

HB5490 Engrossed - 77 - LRB102 25922 RLC 35294 b
Code of Corrections.
(iii) On September 22, 1998, the Third District
Appellate Court in People v. Dainty, 701 N.E. 2d 118,
ruled that Public Act 88-680 violates the single
subject clause of the Illinois Constitution (Article
IV, Section 8 (d)) and was unconstitutional in its
entirety. As of the time this amendatory Act of 1999
was prepared, People v. Dainty was still subject to
appeal.
(iv) Child sexual abuse material pornography is a
vital concern to the people of this State and the
validity of future prosecutions under the child sexual
abuse material pornography statute of the Criminal
Code of 1961 is in grave doubt.
(2) It is the purpose of this amendatory Act of 1999 to
prevent or minimize any problems relating to prosecutions
for child sexual abuse material pornography that may
result from challenges to the constitutional validity of
Public Act 88-680 by re-enacting the Section relating to
child sexual abuse material pornography that was included
in Public Act 88-680.
(3) This amendatory Act of 1999 re-enacts Section
11-20.1 of the Criminal Code of 1961, as it has been
amended. This re-enactment is intended to remove any
question as to the validity or content of that Section; it
is not intended to supersede any other Public Act that

HB5490 Engrossed - 78 - LRB102 25922 RLC 35294 b
amends the text of the Section as set forth in this
amendatory Act of 1999. The material is shown as existing
text (i.e., without underscoring) because, as of the time
this amendatory Act of 1999 was prepared, People v. Dainty
was subject to appeal to the Illinois Supreme Court.
(4) The re-enactment by this amendatory Act of 1999 of
Section 11-20.1 of the Criminal Code of 1961 relating to
child sexual abuse material pornography that was amended
by Public Act 88-680 is not intended, and shall not be
construed, to imply that Public Act 88-680 is invalid or
to limit or impair any legal argument concerning whether
those provisions were substantially re-enacted by other
Public Acts.
(Source: P.A. 101-87, eff. 1-1-20; 102-567, eff. 1-1-22.)
(720 ILCS 5/11-20.2) (from Ch. 38, par. 11-20.2)
Sec. 11-20.2. Duty of commercial film and photographic
print processors or computer technicians to report sexual
depiction of children.
(a) Any commercial film and photographic print processor
or computer technician who has knowledge of or observes,
within the scope of his professional capacity or employment,
any film, photograph, videotape, negative, slide, computer
hard drive or any other magnetic or optical media which
depicts a child whom the processor or computer technician
knows or reasonably should know to be under the age of 18 where

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such child is:
(i) actually or by simulation engaged in any act of
sexual penetration or sexual conduct with any person or
animal; or
(ii) actually or by simulation engaged in any act of
sexual penetration or sexual conduct involving the sex
organs of the child and the mouth, anus, or sex organs of
another person or animal; or which involves the mouth,
anus or sex organs of the child and the sex organs of
another person or animal; or
(iii) actually or by simulation engaged in any act of
masturbation; or
(iv) actually or by simulation portrayed as being the
object of, or otherwise engaged in, any act of lewd
fondling, touching, or caressing involving another person
or animal; or
(v) actually or by simulation engaged in any act of
excretion or urination within a sexual context; or
(vi) actually or by simulation portrayed or depicted
as bound, fettered, or subject to sadistic, masochistic,
or sadomasochistic abuse in any sexual context; or
(vii) depicted or portrayed in any pose, posture or
setting involving a lewd exhibition of the unclothed or
transparently clothed genitals, pubic area, buttocks, or,
if such person is female, a fully or partially developed
breast of the child or other person;

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shall report or cause a report to be made pursuant to
subsections (b) and (c) as soon as reasonably possible.
Failure to make such report shall be a business offense with a
fine of $1,000.
(b) Commercial film and photographic film processors shall
report or cause a report to be made to the local law
enforcement agency of the jurisdiction in which the image or
images described in subsection (a) are discovered.
(c) Computer technicians shall report or cause the report
to be made to the local law enforcement agency of the
jurisdiction in which the image or images described in
subsection (a) are discovered or to the Illinois Child
Exploitation e-Tipline at [e-mail].
(d) Reports required by this Act shall include the
following information: (i) name, address, and telephone number
of the person filing the report; (ii) the employer of the
person filing the report, if any; (iii) the name, address and
telephone number of the person whose property is the subject
of the report, if known; (iv) the circumstances which led to
the filing of the report, including a description of the
reported content.
(e) If a report is filed with the Cyber Tipline at the
National Center for Missing and Exploited Children or in
accordance with the requirements of 42 U.S.C. 13032, the
requirements of this Act will be deemed to have been met.
(f) A computer technician or an employer caused to report

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child sexual abuse material pornography under this Section is
immune from any criminal, civil, or administrative liability
in connection with making the report, except for willful or
wanton misconduct.
(g) For the purposes of this Section, a "computer
technician" is a person who installs, maintains,
troubleshoots, repairs or upgrades computer hardware,
software, computer networks, peripheral equipment, electronic
mail systems, or provides user assistance for any of the
aforementioned tasks.
(Source: P.A. 95-983, eff. 6-1-09; 96-1551, eff. 7-1-11.)
(720 ILCS 5/11-23)
Sec. 11-23. Posting of identifying or graphic information
on a pornographic Internet site or possessing graphic
information with pornographic material.
(a) A person at least 17 years of age who knowingly
discloses on an adult obscenity or child sexual abuse material
pornography Internet site the name, address, telephone number,
or e-mail address of a person under 17 years of age at the time
of the commission of the offense or of a person at least 17
years of age without the consent of the person at least 17
years of age is guilty of posting of identifying information
on a pornographic Internet site.
(a-5) Any person who knowingly places, posts, reproduces,
or maintains on an adult obscenity or child sexual abuse

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material pornography Internet site a photograph, video, or
digital image of a person under 18 years of age that is not
child sexual abuse material pornography under Section 11-20.1,
without the knowledge and consent of the person under 18 years
of age, is guilty of posting of graphic information on a
pornographic Internet site. This provision applies even if the
person under 18 years of age is fully or properly clothed in
the photograph, video, or digital image.
(a-10) Any person who knowingly places, posts, reproduces,
or maintains on an adult obscenity or child sexual abuse
material pornography Internet site, or possesses with obscene
or child pornographic material a photograph, video, or digital
image of a person under 18 years of age in which the child is
posed in a suggestive manner with the focus or concentration
of the image on the child's clothed genitals, clothed pubic
area, clothed buttocks area, or if the child is female, the
breast exposed through transparent clothing, and the
photograph, video, or digital image is not child sexual abuse
material pornography under Section 11-20.1, is guilty of
posting of graphic information on a pornographic Internet site
or possessing graphic information with pornographic material.
(b) Sentence. A person who violates subsection (a) of this
Section is guilty of a Class 4 felony if the victim is at least
17 years of age at the time of the offense and a Class 3 felony
if the victim is under 17 years of age at the time of the
offense. A person who violates subsection (a-5) of this

HB5490 Engrossed - 83 - LRB102 25922 RLC 35294 b
Section is guilty of a Class 4 felony. A person who violates
subsection (a-10) of this Section is guilty of a Class 3
felony.
(c) Definitions. For purposes of this Section:
(1) "Adult obscenity or child sexual abuse material
pornography Internet site" means a site on the Internet
that contains material that is obscene as defined in
Section 11-20 of this Code or that is child sexual abuse
material pornography as defined in Section 11-20.1 of this
Code.
(2) "Internet" has the meaning set forth in Section
16-0.1 of this Code.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(720 ILCS 5/11-25)
(Text of Section before amendment by P.A. 102-676)
Sec. 11-25. Grooming.
(a) A person commits grooming when he or she knowingly
uses a computer on-line service, Internet service, local
bulletin board service, or any other device capable of
electronic data storage or transmission to seduce, solicit,
lure, or entice, or attempt to seduce, solicit, lure, or
entice, a child, a child's guardian, or another person
believed by the person to be a child or a child's guardian, to
commit any sex offense as defined in Section 2 of the Sex
Offender Registration Act, to distribute photographs depicting

HB5490 Engrossed - 84 - LRB102 25922 RLC 35294 b
the sex organs of the child, or to otherwise engage in any
unlawful sexual conduct with a child or with another person
believed by the person to be a child. As used in this Section,
"child" means a person under 17 years of age.
(b) Sentence. Grooming is a Class 4 felony.
(Source: P.A. 100-428, eff. 1-1-18.)
(Text of Section after amendment by P.A. 102-676)
Sec. 11-25. Grooming.
(a) A person commits grooming when he or she knowingly:
(1) uses a computer on-line service, Internet service,
local bulletin board service, or any other device capable
of electronic data storage or transmission, performs an
act in person or by conduct through a third party, or uses
written communication to seduce, solicit, lure, or entice,
or attempt to seduce, solicit, lure, or entice, a child, a
child's guardian, or another person believed by the person
to be a child or a child's guardian, to commit any sex
offense as defined in Section 2 of the Sex Offender
Registration Act, to distribute photographs depicting the
sex organs of the child, or to otherwise engage in any
unlawful sexual conduct with a child or with another
person believed by the person to be a child; or
(2) engages in a pattern of conduct that entices,
persuades, induces, or coerces a child to engage or
participate in criminal sexual activity or is for the

HB5490 Engrossed - 85 - LRB102 25922 RLC 35294 b
purpose of sexual gratification or arousal of the victim,
the accused, or another.
(a-5) As used in this Section: ,
"Child" "child" means a person under 17 years of age.
"Pattern" means 2 or more instances of conduct.
"Sexual activity" includes masturbation and does not
require actual or attempted physical contact between 2
persons.
(b) Sentence. Grooming is a Class 4 felony.
(Source: P.A. 102-676, eff. 6-1-22.)
(720 ILCS 5/14-3)
Sec. 14-3. Exemptions. The following activities shall be
exempt from the provisions of this Article:
(a) Listening to radio, wireless electronic
communications, and television communications of any sort
where the same are publicly made;
(b) Hearing conversation when heard by employees of
any common carrier by wire incidental to the normal course
of their employment in the operation, maintenance or
repair of the equipment of such common carrier by wire so
long as no information obtained thereby is used or
divulged by the hearer;
(c) Any broadcast by radio, television or otherwise
whether it be a broadcast or recorded for the purpose of
later broadcasts of any function where the public is in

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attendance and the conversations are overheard incidental
to the main purpose for which such broadcasts are then
being made;
(d) Recording or listening with the aid of any device
to any emergency communication made in the normal course
of operations by any federal, state or local law
enforcement agency or institutions dealing in emergency
services, including, but not limited to, hospitals,
clinics, ambulance services, fire fighting agencies, any
public utility, emergency repair facility, civilian
defense establishment or military installation;
(e) Recording the proceedings of any meeting required
to be open by the Open Meetings Act, as amended;
(f) Recording or listening with the aid of any device
to incoming telephone calls of phone lines publicly listed
or advertised as consumer "hotlines" by manufacturers or
retailers of food and drug products. Such recordings must
be destroyed, erased or turned over to local law
enforcement authorities within 24 hours from the time of
such recording and shall not be otherwise disseminated.
Failure on the part of the individual or business
operating any such recording or listening device to comply
with the requirements of this subsection shall eliminate
any civil or criminal immunity conferred upon that
individual or business by the operation of this Section;
(g) With prior notification to the State's Attorney of

HB5490 Engrossed - 87 - LRB102 25922 RLC 35294 b
the county in which it is to occur, recording or listening
with the aid of any device to any conversation where a law
enforcement officer, or any person acting at the direction
of law enforcement, is a party to the conversation and has
consented to it being intercepted or recorded under
circumstances where the use of the device is necessary for
the protection of the law enforcement officer or any
person acting at the direction of law enforcement, in the
course of an investigation of a forcible felony, a felony
offense of involuntary servitude, involuntary sexual
servitude of a minor, or trafficking in persons under
Section 10-9 of this Code, an offense involving
prostitution, solicitation of a sexual act, or pandering,
a felony violation of the Illinois Controlled Substances
Act, a felony violation of the Cannabis Control Act, a
felony violation of the Methamphetamine Control and
Community Protection Act, any "streetgang related" or
"gang-related" felony as those terms are defined in the
Illinois Streetgang Terrorism Omnibus Prevention Act, or
any felony offense involving any weapon listed in
paragraphs (1) through (11) of subsection (a) of Section
24-1 of this Code. Any recording or evidence derived as
the result of this exemption shall be inadmissible in any
proceeding, criminal, civil or administrative, except (i)
where a party to the conversation suffers great bodily
injury or is killed during such conversation, or (ii) when

HB5490 Engrossed - 88 - LRB102 25922 RLC 35294 b
used as direct impeachment of a witness concerning matters
contained in the interception or recording. The Director
of the Illinois State Police shall issue regulations as
are necessary concerning the use of devices, retention of
tape recordings, and reports regarding their use;
(g-5) (Blank);
(g-6) With approval of the State's Attorney of the
county in which it is to occur, recording or listening
with the aid of any device to any conversation where a law
enforcement officer, or any person acting at the direction
of law enforcement, is a party to the conversation and has
consented to it being intercepted or recorded in the
course of an investigation of child sexual abuse material
pornography, aggravated child sexual abuse material
pornography, indecent solicitation of a child, luring of a
minor, sexual exploitation of a child, aggravated criminal
sexual abuse in which the victim of the offense was at the
time of the commission of the offense under 18 years of
age, or criminal sexual abuse by force or threat of force
in which the victim of the offense was at the time of the
commission of the offense under 18 years of age. In all
such cases, an application for an order approving the
previous or continuing use of an eavesdropping device must
be made within 48 hours of the commencement of such use. In
the absence of such an order, or upon its denial, any
continuing use shall immediately terminate. The Director

HB5490 Engrossed - 89 - LRB102 25922 RLC 35294 b
of the Illinois State Police shall issue rules as are
necessary concerning the use of devices, retention of
recordings, and reports regarding their use. Any recording
or evidence obtained or derived in the course of an
investigation of child sexual abuse material pornography,
aggravated child sexual abuse material pornography,
indecent solicitation of a child, luring of a minor,
sexual exploitation of a child, aggravated criminal sexual
abuse in which the victim of the offense was at the time of
the commission of the offense under 18 years of age, or
criminal sexual abuse by force or threat of force in which
the victim of the offense was at the time of the commission
of the offense under 18 years of age shall, upon motion of
the State's Attorney or Attorney General prosecuting any
case involving child sexual abuse material pornography,
aggravated child sexual abuse material pornography,
indecent solicitation of a child, luring of a minor,
sexual exploitation of a child, aggravated criminal sexual
abuse in which the victim of the offense was at the time of
the commission of the offense under 18 years of age, or
criminal sexual abuse by force or threat of force in which
the victim of the offense was at the time of the commission
of the offense under 18 years of age be reviewed in camera
with notice to all parties present by the court presiding
over the criminal case, and, if ruled by the court to be
relevant and otherwise admissible, it shall be admissible

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at the trial of the criminal case. Absent such a ruling,
any such recording or evidence shall not be admissible at
the trial of the criminal case;
(h) Recordings made simultaneously with the use of an
in-car video camera recording of an oral conversation
between a uniformed peace officer, who has identified his
or her office, and a person in the presence of the peace
officer whenever (i) an officer assigned a patrol vehicle
is conducting an enforcement stop; or (ii) patrol vehicle
emergency lights are activated or would otherwise be
activated if not for the need to conceal the presence of
law enforcement.
For the purposes of this subsection (h), "enforcement
stop" means an action by a law enforcement officer in
relation to enforcement and investigation duties,
including but not limited to, traffic stops, pedestrian
stops, abandoned vehicle contacts, motorist assists,
commercial motor vehicle stops, roadside safety checks,
requests for identification, or responses to requests for
emergency assistance;
(h-5) Recordings of utterances made by a person while
in the presence of a uniformed peace officer and while an
occupant of a police vehicle including, but not limited
to, (i) recordings made simultaneously with the use of an
in-car video camera and (ii) recordings made in the
presence of the peace officer utilizing video or audio

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systems, or both, authorized by the law enforcement
agency;
(h-10) Recordings made simultaneously with a video
camera recording during the use of a taser or similar
weapon or device by a peace officer if the weapon or device
is equipped with such camera;
(h-15) Recordings made under subsection (h), (h-5), or
(h-10) shall be retained by the law enforcement agency
that employs the peace officer who made the recordings for
a storage period of 90 days, unless the recordings are
made as a part of an arrest or the recordings are deemed
evidence in any criminal, civil, or administrative
proceeding and then the recordings must only be destroyed
upon a final disposition and an order from the court.
Under no circumstances shall any recording be altered or
erased prior to the expiration of the designated storage
period. Upon completion of the storage period, the
recording medium may be erased and reissued for
operational use;
(i) Recording of a conversation made by or at the
request of a person, not a law enforcement officer or
agent of a law enforcement officer, who is a party to the
conversation, under reasonable suspicion that another
party to the conversation is committing, is about to
commit, or has committed a criminal offense against the
person or a member of his or her immediate household, and

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there is reason to believe that evidence of the criminal
offense may be obtained by the recording;
(j) The use of a telephone monitoring device by either
(1) a corporation or other business entity engaged in
marketing or opinion research or (2) a corporation or
other business entity engaged in telephone solicitation,
as defined in this subsection, to record or listen to oral
telephone solicitation conversations or marketing or
opinion research conversations by an employee of the
corporation or other business entity when:
(i) the monitoring is used for the purpose of
service quality control of marketing or opinion
research or telephone solicitation, the education or
training of employees or contractors engaged in
marketing or opinion research or telephone
solicitation, or internal research related to
marketing or opinion research or telephone
solicitation; and
(ii) the monitoring is used with the consent of at
least one person who is an active party to the
marketing or opinion research conversation or
telephone solicitation conversation being monitored.
No communication or conversation or any part, portion,
or aspect of the communication or conversation made,
acquired, or obtained, directly or indirectly, under this
exemption (j), may be, directly or indirectly, furnished

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to any law enforcement officer, agency, or official for
any purpose or used in any inquiry or investigation, or
used, directly or indirectly, in any administrative,
judicial, or other proceeding, or divulged to any third
party.
When recording or listening authorized by this
subsection (j) on telephone lines used for marketing or
opinion research or telephone solicitation purposes
results in recording or listening to a conversation that
does not relate to marketing or opinion research or
telephone solicitation; the person recording or listening
shall, immediately upon determining that the conversation
does not relate to marketing or opinion research or
telephone solicitation, terminate the recording or
listening and destroy any such recording as soon as is
practicable.
Business entities that use a telephone monitoring or
telephone recording system pursuant to this exemption (j)
shall provide current and prospective employees with
notice that the monitoring or recordings may occur during
the course of their employment. The notice shall include
prominent signage notification within the workplace.
Business entities that use a telephone monitoring or
telephone recording system pursuant to this exemption (j)
shall provide their employees or agents with access to
personal-only telephone lines, which may be pay

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telephones, that are not subject to telephone monitoring
or telephone recording.
For the purposes of this subsection (j), "telephone
solicitation" means a communication through the use of a
telephone by live operators:
(i) soliciting the sale of goods or services;
(ii) receiving orders for the sale of goods or
services;
(iii) assisting in the use of goods or services;
or
(iv) engaging in the solicitation, administration,
or collection of bank or retail credit accounts.
For the purposes of this subsection (j), "marketing or
opinion research" means a marketing or opinion research
interview conducted by a live telephone interviewer
engaged by a corporation or other business entity whose
principal business is the design, conduct, and analysis of
polls and surveys measuring the opinions, attitudes, and
responses of respondents toward products and services, or
social or political issues, or both;
(k) Electronic recordings, including but not limited
to, a motion picture, videotape, digital, or other visual
or audio recording, made of a custodial interrogation of
an individual at a police station or other place of
detention by a law enforcement officer under Section
5-401.5 of the Juvenile Court Act of 1987 or Section

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103-2.1 of the Code of Criminal Procedure of 1963;
(l) Recording the interview or statement of any person
when the person knows that the interview is being
conducted by a law enforcement officer or prosecutor and
the interview takes place at a police station that is
currently participating in the Custodial Interview Pilot
Program established under the Illinois Criminal Justice
Information Act;
(m) An electronic recording, including but not limited
to, a motion picture, videotape, digital, or other visual
or audio recording, made of the interior of a school bus
while the school bus is being used in the transportation
of students to and from school and school-sponsored
activities, when the school board has adopted a policy
authorizing such recording, notice of such recording
policy is included in student handbooks and other
documents including the policies of the school, notice of
the policy regarding recording is provided to parents of
students, and notice of such recording is clearly posted
on the door of and inside the school bus.
Recordings made pursuant to this subsection (m) shall
be confidential records and may only be used by school
officials (or their designees) and law enforcement
personnel for investigations, school disciplinary actions
and hearings, proceedings under the Juvenile Court Act of
1987, and criminal prosecutions, related to incidents

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occurring in or around the school bus;
(n) Recording or listening to an audio transmission
from a microphone placed by a person under the authority
of a law enforcement agency inside a bait car surveillance
vehicle while simultaneously capturing a photographic or
video image;
(o) The use of an eavesdropping camera or audio device
during an ongoing hostage or barricade situation by a law
enforcement officer or individual acting on behalf of a
law enforcement officer when the use of such device is
necessary to protect the safety of the general public,
hostages, or law enforcement officers or anyone acting on
their behalf;
(p) Recording or listening with the aid of any device
to incoming telephone calls of phone lines publicly listed
or advertised as the "CPS Violence Prevention Hotline",
but only where the notice of recording is given at the
beginning of each call as required by Section 34-21.8 of
the School Code. The recordings may be retained only by
the Chicago Police Department or other law enforcement
authorities, and shall not be otherwise retained or
disseminated;
(q)(1) With prior request to and written or verbal
approval of the State's Attorney of the county in which
the conversation is anticipated to occur, recording or
listening with the aid of an eavesdropping device to a

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conversation in which a law enforcement officer, or any
person acting at the direction of a law enforcement
officer, is a party to the conversation and has consented
to the conversation being intercepted or recorded in the
course of an investigation of a qualified offense. The
State's Attorney may grant this approval only after
determining that reasonable cause exists to believe that
inculpatory conversations concerning a qualified offense
will occur with a specified individual or individuals
within a designated period of time.
(2) Request for approval. To invoke the exception
contained in this subsection (q), a law enforcement
officer shall make a request for approval to the
appropriate State's Attorney. The request may be written
or verbal; however, a written memorialization of the
request must be made by the State's Attorney. This request
for approval shall include whatever information is deemed
necessary by the State's Attorney but shall include, at a
minimum, the following information about each specified
individual whom the law enforcement officer believes will
commit a qualified offense:
(A) his or her full or partial name, nickname or
alias;
(B) a physical description; or
(C) failing either (A) or (B) of this paragraph
(2), any other supporting information known to the law

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enforcement officer at the time of the request that
gives rise to reasonable cause to believe that the
specified individual will participate in an
inculpatory conversation concerning a qualified
offense.
(3) Limitations on approval. Each written approval by
the State's Attorney under this subsection (q) shall be
limited to:
(A) a recording or interception conducted by a
specified law enforcement officer or person acting at
the direction of a law enforcement officer;
(B) recording or intercepting conversations with
the individuals specified in the request for approval,
provided that the verbal approval shall be deemed to
include the recording or intercepting of conversations
with other individuals, unknown to the law enforcement
officer at the time of the request for approval, who
are acting in conjunction with or as co-conspirators
with the individuals specified in the request for
approval in the commission of a qualified offense;
(C) a reasonable period of time but in no event
longer than 24 consecutive hours;
(D) the written request for approval, if
applicable, or the written memorialization must be
filed, along with the written approval, with the
circuit clerk of the jurisdiction on the next business

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day following the expiration of the authorized period
of time, and shall be subject to review by the Chief
Judge or his or her designee as deemed appropriate by
the court.
(3.5) The written memorialization of the request for
approval and the written approval by the State's Attorney
may be in any format, including via facsimile, email, or
otherwise, so long as it is capable of being filed with the
circuit clerk.
(3.10) Beginning March 1, 2015, each State's Attorney
shall annually submit a report to the General Assembly
disclosing:
(A) the number of requests for each qualified
offense for approval under this subsection; and
(B) the number of approvals for each qualified
offense given by the State's Attorney.
(4) Admissibility of evidence. No part of the contents
of any wire, electronic, or oral communication that has
been recorded or intercepted as a result of this exception
may be received in evidence in any trial, hearing, or
other proceeding in or before any court, grand jury,
department, officer, agency, regulatory body, legislative
committee, or other authority of this State, or a
political subdivision of the State, other than in a
prosecution of:
(A) the qualified offense for which approval was

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given to record or intercept a conversation under this
subsection (q);
(B) a forcible felony committed directly in the
course of the investigation of the qualified offense
for which approval was given to record or intercept a
conversation under this subsection (q); or
(C) any other forcible felony committed while the
recording or interception was approved in accordance
with this subsection (q), but for this specific
category of prosecutions, only if the law enforcement
officer or person acting at the direction of a law
enforcement officer who has consented to the
conversation being intercepted or recorded suffers
great bodily injury or is killed during the commission
of the charged forcible felony.
(5) Compliance with the provisions of this subsection
is a prerequisite to the admissibility in evidence of any
part of the contents of any wire, electronic or oral
communication that has been intercepted as a result of
this exception, but nothing in this subsection shall be
deemed to prevent a court from otherwise excluding the
evidence on any other ground recognized by State or
federal law, nor shall anything in this subsection be
deemed to prevent a court from independently reviewing the
admissibility of the evidence for compliance with the
Fourth Amendment to the U.S. Constitution or with Article

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I, Section 6 of the Illinois Constitution.
(6) Use of recordings or intercepts unrelated to
qualified offenses. Whenever any private conversation or
private electronic communication has been recorded or
intercepted as a result of this exception that is not
related to an offense for which the recording or intercept
is admissible under paragraph (4) of this subsection (q),
no part of the contents of the communication and evidence
derived from the communication may be received in evidence
in any trial, hearing, or other proceeding in or before
any court, grand jury, department, officer, agency,
regulatory body, legislative committee, or other authority
of this State, or a political subdivision of the State,
nor may it be publicly disclosed in any way.
(6.5) The Illinois State Police shall adopt rules as
are necessary concerning the use of devices, retention of
recordings, and reports regarding their use under this
subsection (q).
(7) Definitions. For the purposes of this subsection
(q) only:
"Forcible felony" includes and is limited to those
offenses contained in Section 2-8 of the Criminal Code
of 1961 as of the effective date of this amendatory Act
of the 97th General Assembly, and only as those
offenses have been defined by law or judicial
interpretation as of that date.

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"Qualified offense" means and is limited to:
(A) a felony violation of the Cannabis Control
Act, the Illinois Controlled Substances Act, or
the Methamphetamine Control and Community
Protection Act, except for violations of:
(i) Section 4 of the Cannabis Control Act;
(ii) Section 402 of the Illinois
Controlled Substances Act; and
(iii) Section 60 of the Methamphetamine
Control and Community Protection Act; and
(B) first degree murder, solicitation of
murder for hire, predatory criminal sexual assault
of a child, criminal sexual assault, aggravated
criminal sexual assault, aggravated arson,
kidnapping, aggravated kidnapping, child
abduction, trafficking in persons, involuntary
servitude, involuntary sexual servitude of a
minor, or gunrunning.
"State's Attorney" includes and is limited to the
State's Attorney or an assistant State's Attorney
designated by the State's Attorney to provide verbal
approval to record or intercept conversations under
this subsection (q).
(8) Sunset. This subsection (q) is inoperative on and
after January 1, 2023. No conversations intercepted
pursuant to this subsection (q), while operative, shall be

HB5490 Engrossed - 103 - LRB102 25922 RLC 35294 b
inadmissible in a court of law by virtue of the
inoperability of this subsection (q) on January 1, 2023.
(9) Recordings, records, and custody. Any private
conversation or private electronic communication
intercepted by a law enforcement officer or a person
acting at the direction of law enforcement shall, if
practicable, be recorded in such a way as will protect the
recording from editing or other alteration. Any and all
original recordings made under this subsection (q) shall
be inventoried without unnecessary delay pursuant to the
law enforcement agency's policies for inventorying
evidence. The original recordings shall not be destroyed
except upon an order of a court of competent jurisdiction;
and
(r) Electronic recordings, including but not limited
to, motion picture, videotape, digital, or other visual or
audio recording, made of a lineup under Section 107A-2 of
the Code of Criminal Procedure of 1963.
(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21.)
(720 ILCS 5/26-4) (from Ch. 38, par. 26-4)
Sec. 26-4. Unauthorized video recording and live video
transmission.
(a) It is unlawful for any person to knowingly make a video
record or transmit live video of another person without that
person's consent in a restroom, tanning bed, tanning salon,

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locker room, changing room, or hotel bedroom.
(a-5) It is unlawful for any person to knowingly make a
video record or transmit live video of another person in that
other person's residence without that person's consent.
(a-6) It is unlawful for any person to knowingly make a
video record or transmit live video of another person in that
other person's residence without that person's consent when
the recording or transmission is made outside that person's
residence by use of an audio or video device that records or
transmits from a remote location.
(a-10) It is unlawful for any person to knowingly make a
video record or transmit live video of another person's
intimate parts for the purpose of viewing the body of or the
undergarments worn by that other person without that person's
consent. For the purposes of this subsection (a-10), "intimate
parts" means the fully unclothed, partially unclothed, or
transparently clothed genitals, pubic area, anus, or if the
person is female, a partially or fully exposed nipple,
including exposure through transparent clothing.
(a-15) It is unlawful for any person to place or cause to
be placed a device that makes a video record or transmits a
live video in a restroom, tanning bed, tanning salon, locker
room, changing room, or hotel bedroom with the intent to make a
video record or transmit live video of another person without
that person's consent.
(a-20) It is unlawful for any person to place or cause to

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be placed a device that makes a video record or transmits a
live video with the intent to make a video record or transmit
live video of another person in a that other person's
residence without that person's consent.
(a-25) It is unlawful for any person to, by any means,
knowingly disseminate, or permit to be disseminated, a video
record or live video that he or she knows to have been made or
transmitted in violation of (a), (a-5), (a-6), (a-10), (a-15),
or (a-20).
(b) Exemptions. The following activities shall be exempt
from the provisions of this Section:
(1) The making of a video record or transmission of
live video by law enforcement officers pursuant to a
criminal investigation, which is otherwise lawful;
(2) The making of a video record or transmission of
live video by correctional officials for security reasons
or for investigation of alleged misconduct involving a
person committed to the Department of Corrections; and
(3) The making of a video record or transmission of
live video in a locker room by a reporter or news medium,
as those terms are defined in Section 8-902 of the Code of
Civil Procedure, where the reporter or news medium has
been granted access to the locker room by an appropriate
authority for the purpose of conducting interviews.
(c) The provisions of this Section do not apply to any
sound recording or transmission of an oral conversation made

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as the result of the making of a video record or transmission
of live video, and to which Article 14 of this Code applies.
(d) Sentence.
(1) A violation of subsection (a-15) or (a-20) is a
Class A misdemeanor.
(2) A violation of subsection (a), (a-5), (a-6), or
(a-10) is a Class 4 felony.
(3) A violation of subsection (a-25) is a Class 3
felony.
(4) A violation of subsection (a), (a-5), (a-6),
(a-10), (a-15) or (a-20) is a Class 3 felony if the victim
is a person under 18 years of age or if the violation is
committed by an individual who is required to register as
a sex offender under the Sex Offender Registration Act.
(5) A violation of subsection (a-25) is a Class 2
felony if the victim is a person under 18 years of age or
if the violation is committed by an individual who is
required to register as a sex offender under the Sex
Offender Registration Act.
(e) For purposes of this Section:
(1) "Residence" includes a rental dwelling, but does
not include stairwells, corridors, laundry facilities, or
additional areas in which the general public has access.
(2) "Video record" means and includes any videotape,
photograph, film, or other electronic or digital recording
of a still or moving visual image; and "live video" means

HB5490 Engrossed - 107 - LRB102 25922 RLC 35294 b
and includes any real-time or contemporaneous electronic
or digital transmission of a still or moving visual image.
(Source: P.A. 102-567, eff. 1-1-22.)
(720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
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 kidnapping
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
juvenile prostitution except for keeping a place of
juvenile prostitution), Section 11-20.1 (child sexual
abuse material 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

HB5490 Engrossed - 108 - LRB102 25922 RLC 35294 b
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), 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

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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);
(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 accidents 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

HB5490 Engrossed - 110 - LRB102 25922 RLC 35294 b
person was determined to have been under the influence
of alcohol, other drug or drugs, or intoxicating
compound or compounds as an element of the offense or
the person has previously been convicted of committing
a violation of driving under the influence of alcohol
or other drug or drugs, intoxicating compound or
compounds or any combination thereof and was involved
in a motor vehicle accident that resulted in death,
great bodily harm, or permanent disability or
disfigurement to another, when the violation was a
proximate cause of the death or injuries;
(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;

HB5490 Engrossed - 111 - LRB102 25922 RLC 35294 b
(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
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

HB5490 Engrossed - 112 - LRB102 25922 RLC 35294 b
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
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

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11-501 of the Illinois Vehicle Code, or Section 9-3 of this
Code makes a showing that the seized vehicle is the only source
of transportation and it is determined that the financial
hardship to the family as a result of the seizure outweighs the
benefit to the State from the seizure, the vehicle may be
forfeited to the spouse or family member and the title to the
vehicle shall be transferred to the spouse or family member
who is properly licensed and who requires the use of the
vehicle for employment or family transportation purposes. A
written declaration of forfeiture of a vehicle under this
Section shall be sufficient cause for the title to be
transferred to the spouse or family member. The provisions of
this paragraph shall apply only to one forfeiture per vehicle.
If the vehicle is the subject of a subsequent forfeiture
proceeding by virtue of a subsequent conviction of either
spouse or the family member, the spouse or family member to
whom the vehicle was forfeited under the first forfeiture
proceeding may not utilize the provisions of this paragraph in
another forfeiture proceeding. If the owner of the vehicle
seized owns more than one vehicle, the procedure set out in
this paragraph may be used for only one vehicle.
(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. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18.)

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Section 55. The Code of Criminal Procedure of 1963 is
amended by changing Sections 106B-10, 115-7, 115-7.3, 115-7.4,
124B-10, 124B-100, 124B-420, and 124B-500 as follows:
(725 ILCS 5/106B-10)
Sec. 106B-10. Conditions for testimony by a victim or
witness who is under 18 years of age or an a child or a
moderately, severely, or profoundly intellectually disabled
person or a person affected by a developmental disability. The
In a prosecution of criminal sexual assault, predatory
criminal sexual assault of a child, aggravated criminal sexual
assault, criminal sexual abuse, aggravated criminal sexual
abuse, or any violent crime as defined in subsection (c) of
Section 3 of the Rights of Crime Victims and Witnesses Act, the
court may set any conditions it finds just and appropriate on
the taking of testimony of a victim or witness who is under 18
years of age or an intellectually disabled person or a person
affected by a developmental disability victim who is a child
under the age of 18 years or a moderately, severely, or
profoundly intellectually disabled person or a person affected
by a developmental disability, involving the use of a facility
dog in any criminal proceeding involving that offense. When
deciding whether to permit the child or person to testify with
the assistance of a facility dog, the court shall take into
consideration the age of the child or person, the rights of the
parties to the litigation, and any other relevant factor that

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would facilitate the giving of testimony by the child or the
person. As used in this Section, "facility dog" means a dog
that is a graduate of an assistance dog organization that is a
member of Assistance Dogs International.
(Source: P.A. 102-22, eff. 6-25-21.)
(725 ILCS 5/115-7) (from Ch. 38, par. 115-7)
Sec. 115-7. a. In prosecutions for predatory criminal
sexual assault of a child, aggravated criminal sexual assault,
criminal sexual assault, aggravated criminal sexual abuse,
criminal sexual abuse, involuntary servitude, involuntary
sexual servitude of a minor, or trafficking in persons or
criminal transmission of HIV; and in prosecutions for battery
and aggravated battery, when the commission of the offense
involves sexual penetration or sexual conduct as defined in
Section 11-0.1 of the Criminal Code of 2012; and with the trial
or retrial of the offenses formerly known as rape, deviate
sexual assault, indecent liberties with a child, and
aggravated indecent liberties with a child, the prior sexual
activity or the reputation of the alleged victim or
corroborating witness under Section 115-7.3 of this Code is
inadmissible except (1) as evidence concerning the past sexual
conduct of the alleged victim or corroborating witness under
Section 115-7.3 of this Code with the accused when this
evidence is offered by the accused upon the issue of whether
the alleged victim or corroborating witness under Section

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115-7.3 of this Code consented to the sexual conduct with
respect to which the offense is alleged; or (2) when
constitutionally required to be admitted.
b. No evidence admissible under this Section shall be
introduced unless ruled admissible by the trial judge after an
offer of proof has been made at a hearing to be held in camera
in order to determine whether the defense has evidence to
impeach the witness in the event that prior sexual activity
with the defendant is denied. Such offer of proof shall
include reasonably specific information as to the date, time
and place of the past sexual conduct between the alleged
victim or corroborating witness under Section 115-7.3 of this
Code and the defendant. Unless the court finds that reasonably
specific information as to date, time or place, or some
combination thereof, has been offered as to prior sexual
activity with the defendant, counsel for the defendant shall
be ordered to refrain from inquiring into prior sexual
activity between the alleged victim or corroborating witness
under Section 115-7.3 of this Code and the defendant. The
court shall not admit evidence under this Section unless it
determines at the hearing that the evidence is relevant and
the probative value of the evidence outweighs the danger of
unfair prejudice. The evidence shall be admissible at trial to
the extent an order made by the court specifies the evidence
that may be admitted and areas with respect to which the
alleged victim or corroborating witness under Section 115-7.3

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of this Code may be examined or cross examined.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(725 ILCS 5/115-7.3)
Sec. 115-7.3. Evidence in certain cases.
(a) This Section applies to criminal cases in which:
(1) the defendant is accused of predatory criminal
sexual assault of a child, aggravated criminal sexual
assault, criminal sexual assault, aggravated criminal
sexual abuse, criminal sexual abuse, child sexual abuse
material pornography, aggravated child sexual abuse
material pornography, involuntary servitude, involuntary
sexual servitude of a minor, trafficking in persons,
criminal transmission of HIV, or child abduction as
defined in paragraph (10) of subsection (b) of Section
10-5 of the Criminal Code of 1961 or the Criminal Code of
2012;
(2) the defendant is accused of battery, aggravated
battery, first degree murder, or second degree murder when
the commission of the offense involves sexual penetration
or sexual conduct as defined in Section 11-0.1 of the
Criminal Code of 2012; or
(3) the defendant is tried or retried for any of the
offenses formerly known as rape, deviate sexual assault,
indecent liberties with a child, or aggravated indecent
liberties with a child.

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(b) If the defendant is accused of an offense set forth in
paragraph (1) or (2) of subsection (a) or the defendant is
tried or retried for any of the offenses set forth in paragraph
(3) of subsection (a), evidence of the defendant's commission
of another offense or offenses set forth in paragraph (1),
(2), or (3) of subsection (a), or evidence to rebut that proof
or an inference from that proof, may be admissible (if that
evidence is otherwise admissible under the rules of evidence)
and may be considered for its bearing on any matter to which it
is relevant.
(c) In weighing the probative value of the evidence
against undue prejudice to the defendant, the court may
consider:
(1) the proximity in time to the charged or predicate
offense;
(2) the degree of factual similarity to the charged or
predicate offense; or
(3) other relevant facts and circumstances.
(d) In a criminal case in which the prosecution intends to
offer evidence under this Section, it must disclose the
evidence, including statements of witnesses or a summary of
the substance of any testimony, at a reasonable time in
advance of trial, or during trial if the court excuses
pretrial notice on good cause shown.
(e) In a criminal case in which evidence is offered under
this Section, proof may be made by specific instances of

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conduct, testimony as to reputation, or testimony in the form
of an expert opinion, except that the prosecution may offer
reputation testimony only after the opposing party has offered
that testimony.
(f) In prosecutions for a violation of Section 10-2,
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-3.05, 12-4,
12-13, 12-14, 12-14.1, 12-15, 12-16, or 18-5 of the Criminal
Code of 1961 or the Criminal Code of 2012, involving the
involuntary delivery of a controlled substance to a victim, no
inference may be made about the fact that a victim did not
consent to a test for the presence of controlled substances.
(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
98-160, eff. 1-1-14.)
(725 ILCS 5/115-7.4)
Sec. 115-7.4. Evidence in domestic violence cases.
(a) In a criminal prosecution in which the defendant is
accused of an offense of domestic violence as defined in
paragraphs (1) and (3) of Section 103 of the Illinois Domestic
Violence Act of 1986, or first degree murder or second degree
murder when the commission of the offense involves domestic
violence, involuntary servitude, involuntary sexual servitude
of a minor, or trafficking in persons, evidence of the
defendant's commission of another offense or offenses of
domestic violence is admissible, and may be considered for its
bearing on any matter to which it is relevant.

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(b) In weighing the probative value of the evidence
against undue prejudice to the defendant, the court may
consider:
(1) the proximity in time to the charged or predicate
offense;
(2) the degree of factual similarity to the charged or
predicate offense; or
(3) other relevant facts and circumstances.
(c) In a criminal case in which the prosecution intends to
offer evidence under this Section, it must disclose the
evidence, including statements of witnesses or a summary of
the substance of any testimony, at a reasonable time in
advance of trial, or during trial if the court excuses
pretrial notice on good cause shown.
(d) In a criminal case in which evidence is offered under
this Section, proof may be made by specific instances of
conduct, testimony as to reputation, or testimony in the form
of an expert opinion, except that the prosecution may offer
reputation testimony only after the opposing party has offered
that testimony.
(Source: P.A. 97-1036, eff. 8-20-12.)
(725 ILCS 5/124B-10)
Sec. 124B-10. Applicability; offenses. This Article
applies to forfeiture of property in connection with the
following:

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(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 juvenile prostitution) or a violation
of Section 11-17.1 of the Criminal Code of 1961 (keeping a
place of juvenile prostitution).
(3) A violation of subdivision (a)(4) of Section
11-14.4 of the Criminal Code of 1961 or the Criminal Code
of 2012 (promoting juvenile prostitution) or a violation
of Section 11-19.2 of the Criminal Code of 1961
(exploitation of a child).
(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 sexual
abuse material pornography).
(6) A violation of Section 11-20.1B or 11-20.3 of the
Criminal Code of 1961 (aggravated child sexual abuse
material 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

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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
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

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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 juvenile
prostitution or keeping a place of juvenile prostitution
in violation of subdivision (a)(1) of Section 11-14.4, or
Section 11-17.1, of 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 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 sexual abuse
material pornography in violation of Section 11-20.1 of
that Code.

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(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 sexual
abuse material 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
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

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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.
1-1-13; 97-1150, eff. 1-25-13.)
(725 ILCS 5/124B-420)
Sec. 124B-420. Distribution of property and sale proceeds.
(a) All moneys and the sale proceeds of all other property
forfeited and seized under this Part 400 shall be distributed
as follows:
(1) 50% shall be distributed to the unit of local
government whose officers or employees conducted the
investigation into the offense and caused the arrest or
arrests and prosecution leading to the forfeiture, except

HB5490 Engrossed - 126 - LRB102 25922 RLC 35294 b
that if the investigation, arrest or arrests, and
prosecution leading to the forfeiture were undertaken by
the sheriff, this portion shall be distributed to the
county for deposit into a special fund in the county
treasury appropriated to the sheriff. Amounts distributed
to the county for the sheriff or to units of local
government under this paragraph shall be used for
enforcement of laws or ordinances governing obscenity and
child sexual abuse material pornography. If the
investigation, arrest or arrests, and prosecution leading
to the forfeiture were undertaken solely by a State
agency, however, the portion designated in this paragraph
shall be paid into the State treasury to be used for
enforcement of laws governing obscenity and child sexual
abuse material pornography.
(2) 25% shall be distributed to the county in which
the prosecution resulting in the forfeiture was
instituted, deposited into a special fund in the county
treasury, and appropriated to the State's Attorney for use
in the enforcement of laws governing obscenity and child
sexual abuse material pornography.
(3) 25% shall be distributed to the Office of the
State's Attorneys Appellate Prosecutor and deposited into
the Obscenity Profits Forfeiture Fund, which is hereby
created in the State treasury, to be used by the Office of
the State's Attorneys Appellate Prosecutor for additional

HB5490 Engrossed - 127 - LRB102 25922 RLC 35294 b
expenses incurred in prosecuting appeals arising under
Sections 11-20, 11-20.1, 11-20.1B, and 11-20.3 of the
Criminal Code of 1961 or the Criminal Code of 2012. Any
amounts remaining in the Fund after all additional
expenses have been paid shall be used by the Office to
reduce the participating county contributions to the
Office on a pro-rated basis as determined by the board of
governors of the Office of the State's Attorneys Appellate
Prosecutor based on the populations of the participating
counties.
(b) Before any distribution under subsection (a), the
Attorney General or State's Attorney shall retain from the
forfeited moneys or sale proceeds, or both, sufficient moneys
to cover expenses related to the administration and sale of
the forfeited property.
(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11;
97-1150, eff. 1-25-13.)
(725 ILCS 5/124B-500)
Sec. 124B-500. Persons and property subject to forfeiture.
A person who commits child sexual abuse material pornography,
aggravated child sexual abuse material pornography, or
non-consensual dissemination of private sexual images under
Section 11-20.1, 11-20.1B, 11-20.3, or 11-23.5 of the Criminal
Code of 1961 or the Criminal Code of 2012 shall forfeit the
following property to the State of Illinois:

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(1) Any profits or proceeds and any property the
person has acquired or maintained in violation of Section
11-20.1, 11-20.1B, 11-20.3, or 11-23.5 of the Criminal
Code of 1961 or the Criminal Code of 2012 that the
sentencing court determines, after a forfeiture hearing
under this Article, to have been acquired or maintained as
a result of child sexual abuse material pornography,
aggravated child sexual abuse material pornography, or
non-consensual dissemination of private sexual images.
(2) Any interest in, securities of, claim against, or
property or contractual right of any kind affording a
source of influence over any enterprise that the person
has established, operated, controlled, or conducted in
violation of Section 11-20.1, 11-20.1B, 11-20.3, or
11-23.5 of the Criminal Code of 1961 or the Criminal Code
of 2012 that the sentencing court determines, after a
forfeiture hearing under this Article, to have been
acquired or maintained as a result of child sexual abuse
material pornography, aggravated child sexual abuse
material pornography, or non-consensual dissemination of
private sexual images.
(3) Any computer that contains a depiction of child
sexual abuse material pornography in any encoded or
decoded format in violation of Section 11-20.1, 11-20.1B,
or 11-20.3 of the Criminal Code of 1961 or the Criminal
Code of 2012. For purposes of this paragraph (3),

HB5490 Engrossed - 129 - LRB102 25922 RLC 35294 b
"computer" has the meaning ascribed to it in Section
17-0.5 of the Criminal Code of 2012.
(Source: P.A. 97-1150, eff. 1-25-13; 98-1013, eff. 1-1-15;
98-1138, eff. 6-1-15.)
Section 60. The Statewide Grand Jury Act is amended by
changing Sections 2 and 3 as follows:
(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

HB5490 Engrossed - 130 - LRB102 25922 RLC 35294 b
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
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
juvenile prostitute, keeping a place of juvenile prostitution,
juvenile pimping, child sexual abuse material pornography,
aggravated child sexual abuse material pornography, or

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promoting 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.
(Source: P.A. 101-593, eff. 12-4-19.)
(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

HB5490 Engrossed - 132 - LRB102 25922 RLC 35294 b
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
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 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

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(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
any of the following offenses: indecent solicitation of a
child, sexual exploitation of a child, soliciting for a
juvenile prostitute, keeping a place of juvenile
prostitution, juvenile pimping, child sexual abuse
material pornography, aggravated child sexual abuse
material pornography, or promoting 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

HB5490 Engrossed - 134 - LRB102 25922 RLC 35294 b
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.)
Section 65. The Unified Code of Corrections is amended by
changing Sections 3-1-2, 3-12.5-10, 5-5-3, 5-5-3.2, 5-8-1,
5-8-4, 5-9-1.7, and 5-9-1.8 as follows:
(730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
(Text of Section before amendment by P.A. 102-616)
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

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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
an adult), 11-14.4 (promoting juvenile prostitution),
11-15.1 (soliciting for a juvenile prostitute), 11-17.1
(keeping a place of juvenile prostitution), 11-18.1
(patronizing a juvenile prostitute), 11-19.1 (juvenile
pimping), 11-19.2 (exploitation of a child), 11-20.1
(child sexual abuse material pornography), 11-20.1B or
11-20.3 (aggravated child sexual abuse material
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),

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10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this State
substantially equivalent to any offense listed in this
subsection (a-5).
An offense violating federal law or the law of another
state that is substantially equivalent to any offense listed
in this subsection (a-5) shall constitute a sex offense for
the purpose of this subsection (a-5). A finding or
adjudication as a sexually dangerous person under any federal
law or law of another state that is substantially equivalent
to the Sexually Dangerous Persons Act shall constitute an
adjudication for a sex offense for the purposes of this
subsection (a-5).
(b) "Commitment" means a judicially determined placement
in the custody of the Department of Corrections on the basis of
delinquency or conviction.
(c) "Committed person" is a person committed to the
Department, however a committed person shall not be considered
to be an employee of the Department of Corrections for any
purpose, including eligibility for a pension, benefits, or any
other compensation or rights or privileges which may be
provided to employees of the Department.
(c-5) "Computer scrub software" means any third-party

HB5490 Engrossed - 137 - LRB102 25922 RLC 35294 b
added software, designed to delete information from the
computer unit, the hard drive, or other software, which would
eliminate and prevent discovery of browser activity,
including, but not limited to, Internet history, address bar
or bars, cache or caches, and/or cookies, and which would
over-write files in a way so as to make previous computer
activity, including, but not limited to, website access, more
difficult to discover.
(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.
(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).
(g) "Discharge" means the final termination of a
commitment to the Department of Corrections.
(h) "Discipline" means the rules and regulations for the

HB5490 Engrossed - 138 - LRB102 25922 RLC 35294 b
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
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

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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.)
(Text of Section after amendment by P.A. 102-616)
Sec. 3-1-2. Definitions.
(a) "Chief Administrative Officer" means the person

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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
an adult), 11-14.4 (promoting juvenile prostitution),
11-15.1 (soliciting for a juvenile prostitute), 11-17.1
(keeping a place of juvenile prostitution), 11-18.1
(patronizing a juvenile prostitute), 11-19.1 (juvenile
pimping), 11-19.2 (exploitation of a child), 11-20.1
(child sexual abuse material pornography), 11-20.1B or
11-20.3 (aggravated child sexual abuse material
pornography), 11-1.40 or 12-14.1 (predatory criminal

HB5490 Engrossed - 141 - LRB102 25922 RLC 35294 b
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),
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

HB5490 Engrossed - 142 - LRB102 25922 RLC 35294 b
law or law of another state that is substantially equivalent
to the Sexually Dangerous Persons Act shall constitute an
adjudication for a sex offense for the purposes of this
subsection (a-5).
(b) "Commitment" means a judicially determined placement
in the custody of the Department of Corrections on the basis of
delinquency or conviction.
(c) "Committed person" is a person committed to the
Department, however a committed person shall not be considered
to be an employee of the Department of Corrections for any
purpose, including eligibility for a pension, benefits, or any
other compensation or rights or privileges which may be
provided to employees of the Department.
(c-5) "Computer scrub software" means any third-party
added software, designed to delete information from the
computer unit, the hard drive, or other software, which would
eliminate and prevent discovery of browser activity,
including, but not limited to, Internet history, address bar
or bars, cache or caches, and/or cookies, and which would
over-write files in a way so as to make previous computer
activity, including, but not limited to, website access, more
difficult to discover.
(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

HB5490 Engrossed - 143 - LRB102 25922 RLC 35294 b
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).
(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

HB5490 Engrossed - 144 - LRB102 25922 RLC 35294 b
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
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

HB5490 Engrossed - 145 - LRB102 25922 RLC 35294 b
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.)
(730 ILCS 5/3-12.5-10)
(Section scheduled to be repealed on August 24, 2022)
Sec. 3-12.5-10. Selection. Inmates may be selected to
participate in the pre-release Prisoner Entrepreneur Education
Program only if all of the following conditions are met:
(1) the inmate is within 3 years of being released
from custody of the Department of Corrections;
(2) the inmate has not been disciplined by the
Department of Corrections within the past year;
(3) the inmate has a high school diploma or GED;

HB5490 Engrossed - 146 - LRB102 25922 RLC 35294 b
(4) the inmate has never been convicted of an offense
described in Subdivision 5 of Article 11 of the Criminal
Code of 2012 (major sex offenses), Subdivision 10 of
Article 11 of the Criminal Code of 2012 (vulnerable victim
sex offenses), Section 11-20.1 of Subdivision 20 of
Article 11 of the Criminal Code of 2012 (child sexual
abuse material pornography offenses), or similar offenses
under the Criminal Code of 1961;
(5) the inmate is not currently affiliated with a
gang; and
(6) the inmate is committed to personal change.
(Source: P.A. 100-283, eff. 8-24-17.)
(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
imprisonment:
(A) First degree murder where the death penalty is not

HB5490 Engrossed - 147 - LRB102 25922 RLC 35294 b
imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the
Illinois Controlled Substances Act, or a violation of
subdivision (c)(1.5) 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
of a Class 2 or greater felony, including any state or

HB5490 Engrossed - 148 - LRB102 25922 RLC 35294 b
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
do commit crimes.

HB5490 Engrossed - 149 - LRB102 25922 RLC 35294 b
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
20-1, Section 20-1.2, or Section 20-1.3 of the Criminal

HB5490 Engrossed - 150 - LRB102 25922 RLC 35294 b
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
sexual abuse material pornography, aggravated child sexual
abuse material pornography, aggravated criminal sexual
abuse, aggravated criminal sexual assault, predatory
criminal sexual assault of a child, or any of the offenses
formerly known as rape, deviate sexual assault, indecent
liberties with a child, or aggravated indecent liberties
with a child where the victim was under the age of 18 years

HB5490 Engrossed - 151 - LRB102 25922 RLC 35294 b
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

HB5490 Engrossed - 152 - LRB102 25922 RLC 35294 b
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

HB5490 Engrossed - 153 - LRB102 25922 RLC 35294 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

HB5490 Engrossed - 154 - LRB102 25922 RLC 35294 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,

HB5490 Engrossed - 155 - LRB102 25922 RLC 35294 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

HB5490 Engrossed - 156 - LRB102 25922 RLC 35294 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.

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(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

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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

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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 juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the defendant shall undergo medical
testing to determine whether the defendant has any sexually
transmissible disease, including a test for infection with
human immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of
any bodily fluids as well as an examination of the defendant's
person. Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally
delivered in a sealed envelope to the judge of the court in
which the conviction was entered for the judge's inspection in

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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
precautions need to be taken to prevent transmission of the

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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
any violation of Chapters 3, 4, 6, and 11 of the Illinois

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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
judgment of conviction or order of supervision or probation to

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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
with this subsection (j-5) upon his or her release from

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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 an alien as defined by the
Immigration and Nationality Act, is convicted of any felony or
misdemeanor offense, the court after sentencing the defendant
may, upon motion of the State's Attorney, hold sentence in
abeyance and remand the defendant to the custody of the
Attorney General of the United States or his or her designated
agent to be deported when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and

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(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
Otherwise, the defendant shall be sentenced as provided in
this Chapter V.
(B) If the defendant has already been sentenced for a
felony or misdemeanor offense, or has been placed on probation
under Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act, the
court may, upon motion of the State's Attorney to suspend the
sentence imposed, commit the defendant to the custody of the
Attorney General of the United States or his or her designated
agent when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
(C) This subsection (l) does not apply to offenders who
are subject to the provisions of paragraph (2) of subsection
(a) of Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant
sentenced under this Section returns to the jurisdiction of
the United States, the defendant shall be recommitted to the

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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
renewal on an annual basis in accordance with the provisions

HB5490 Engrossed - 167 - LRB102 25922 RLC 35294 b
of license renewal established by the Secretary of State.
(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
102-531, eff. 1-1-22; revised 10-12-21.)
(730 ILCS 5/5-5-3.2)
(Text of Section before amendment by P.A. 101-652)
Sec. 5-5-3.2. Factors in aggravation and extended-term
sentencing.
(a) The following factors shall be accorded weight in
favor of imposing a term of imprisonment or may be considered
by the court as reasons to impose a more severe sentence under
Section 5-8-1 or Article 4.5 of Chapter V:
(1) the defendant's conduct caused or threatened
serious harm;
(2) the defendant received compensation for committing
the offense;
(3) the defendant has a history of prior delinquency
or criminal activity;
(4) the defendant, by the duties of his office or by
his position, was obliged to prevent the particular
offense committed or to bring the offenders committing it
to justice;
(5) the defendant held public office at the time of
the offense, and the offense related to the conduct of
that office;
(6) the defendant utilized his professional reputation

HB5490 Engrossed - 168 - LRB102 25922 RLC 35294 b
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
purposes of this subparagraph, "place of worship" shall

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mean any church, synagogue or other building, structure or
place used primarily for religious worship;
(12) the defendant was convicted of a felony committed
while he was released on bail or his own recognizance
pending trial for a prior felony and was convicted of such
prior felony, or the defendant was convicted of a felony
committed while he was serving a period of probation,
conditional discharge, or mandatory supervised release
under subsection (d) of Section 5-8-1 for a prior felony;
(13) the defendant committed or attempted to commit a
felony while he was wearing a bulletproof vest. For the
purposes of this paragraph (13), a bulletproof vest is any
device which is designed for the purpose of protecting the
wearer from bullets, shot or other lethal projectiles;
(14) the defendant held a position of trust or
supervision such as, but not limited to, family member as
defined in Section 11-0.1 of the Criminal Code of 2012,
teacher, scout leader, baby sitter, or day care worker, in
relation to a victim under 18 years of age, and the
defendant committed an offense in violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
or 12-16 of the Criminal Code of 1961 or the Criminal Code
of 2012 against that victim;

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(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
1,000 feet of the real property comprising any day care
center, regardless of the time of day or time of year:

HB5490 Engrossed - 171 - LRB102 25922 RLC 35294 b
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
subsection (a) of Section 3 of the Firearm Owners
Identification Card Act and has now committed either a

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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
reserve component thereof or National Guard unit called to
active duty;

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(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
sexual abuse material pornography or aggravated child
sexual abuse material pornography, specifically including
paragraph (1), (2), (3), (4), (5), or (7) of subsection
(a) of Section 11-20.1 of the Criminal Code of 1961 or the
Criminal Code of 2012 where a child engaged in, solicited
for, depicted in, or posed in any act of sexual
penetration or bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in a sexual context
and specifically including paragraph (1), (2), (3), (4),
(5), or (7) of subsection (a) of Section 11-20.1B or
Section 11-20.3 of the Criminal Code of 1961 where a child
engaged in, solicited for, depicted in, or posed in any
act of sexual penetration or bound, fettered, or subject
to sadistic, masochistic, or sadomasochistic abuse in a

HB5490 Engrossed - 174 - LRB102 25922 RLC 35294 b
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;
(29) the defendant committed the offense of criminal

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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
juvenile prostitution, patronizing a prostitute, or
patronizing a minor engaged in prostitution and at the
time of the commission of the offense knew that the
prostitute or minor engaged in prostitution was in the
custody or guardianship of the Department of Children and
Family Services;
(31) the defendant (i) committed the offense of
driving while under the influence of alcohol, other drug
or drugs, intoxicating compound or compounds or any
combination thereof in violation of Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance and (ii) the defendant during the commission of
the offense was driving his or her vehicle upon a roadway
designated for one-way traffic in the opposite direction
of the direction indicated by official traffic control
devices;
(32) the defendant committed the offense of reckless
homicide while committing a violation of Section 11-907 of
the Illinois Vehicle Code;
(33) the defendant was found guilty of an

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

HB5490 Engrossed - 177 - LRB102 25922 RLC 35294 b
"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
(3) When a defendant is convicted of any felony
committed against:
(i) a person under 12 years of age at the time of

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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
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

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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
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

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

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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
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

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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,
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

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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; 102-558, eff. 8-20-21.)
(Text of Section after amendment by P.A. 101-652)
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:

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(1) the defendant's conduct caused or threatened
serious harm;
(2) the defendant received compensation for committing
the offense;
(3) the defendant has a history of prior delinquency
or criminal activity;
(4) the defendant, by the duties of his office or by
his position, was obliged to prevent the particular
offense committed or to bring the offenders committing it
to justice;
(5) the defendant held public office at the time of
the offense, and the offense related to the conduct of
that office;
(6) the defendant utilized his professional reputation
or position in the community to commit the offense, or to
afford him an easier means of committing it;
(7) the sentence is necessary to deter others from
committing the same crime;
(8) the defendant committed the offense against a
person 60 years of age or older or such person's property;
(9) the defendant committed the offense against a
person who 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

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

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

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

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

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

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sexual abuse material pornography or aggravated child
sexual abuse material pornography, specifically including
paragraph (1), (2), (3), (4), (5), or (7) of subsection
(a) of Section 11-20.1 of the Criminal Code of 1961 or the
Criminal Code of 2012 where a child engaged in, solicited
for, depicted in, or posed in any act of sexual
penetration or bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in a sexual context
and specifically including paragraph (1), (2), (3), (4),
(5), or (7) of subsection (a) of Section 11-20.1B or
Section 11-20.3 of the Criminal Code of 1961 where a child
engaged in, solicited for, depicted in, or posed in any
act of sexual penetration or bound, fettered, or subject
to sadistic, masochistic, or sadomasochistic abuse in a
sexual context;
(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"

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means an organization comprised of members of which
substantially all are individuals who are veterans or
spouses, widows, or widowers of veterans, the primary
purpose of which is to promote the welfare of its members
and to provide assistance to the general public in such a
way as to confer a public benefit;
(28) the defendant committed the offense of assault,
aggravated assault, battery, aggravated battery, robbery,
armed robbery, or aggravated robbery against a person that
the defendant knew or reasonably should have known was a
letter carrier or postal worker while that person was
performing his or her duties delivering mail for the
United States Postal Service;
(29) the defendant committed the offense of criminal
sexual assault, aggravated criminal sexual assault,
criminal sexual abuse, or aggravated criminal sexual abuse
against a victim with an intellectual disability, and the
defendant holds a position of trust, authority, or
supervision in relation to the victim;
(30) the defendant committed the offense of promoting
juvenile prostitution, patronizing a prostitute, or
patronizing a minor engaged in prostitution and at the
time of the commission of the offense knew that the
prostitute or minor engaged in prostitution was in the
custody or guardianship of the Department of Children and
Family Services;

HB5490 Engrossed - 192 - LRB102 25922 RLC 35294 b
(31) the defendant (i) committed the offense of
driving while under the influence of alcohol, other drug
or drugs, intoxicating compound or compounds or any
combination thereof in violation of Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance and (ii) the defendant during the commission of
the offense was driving his or her vehicle upon a roadway
designated for one-way traffic in the opposite direction
of the direction indicated by official traffic control
devices;
(32) the defendant committed the offense of reckless
homicide while committing a violation of Section 11-907 of
the Illinois Vehicle Code;
(33) the defendant was found guilty of an
administrative infraction related to an act or acts of
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 an accident in violation of subsection (b) of
Section 11-401 of the Illinois Vehicle Code and the
accident 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

HB5490 Engrossed - 193 - LRB102 25922 RLC 35294 b
defined by Section 11-501 of the Illinois Vehicle Code; or
(ii) operating the motor vehicle while using an electronic
communication device as defined in Section 12-610.2 of the
Illinois Vehicle Code.
For the purposes of this Section:
"School" is defined as a public or private elementary or
secondary school, community college, college, or university.
"Day care center" means a public or private State
certified and licensed day care center as defined in Section
2.09 of the Child Care Act of 1969 that displays a sign in
plain view stating that the property is a day care center.
"Intellectual disability" means significantly subaverage
intellectual functioning which exists concurrently with
impairment in adaptive behavior.
"Public transportation" means the transportation or
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

HB5490 Engrossed - 194 - LRB102 25922 RLC 35294 b
having been previously convicted in Illinois or any other
jurisdiction of the same or similar class felony or
greater class felony, when such conviction has occurred
within 10 years after the previous conviction, excluding
time spent in custody, and such charges are separately
brought and tried and arise out of different series of
acts; or
(2) When a defendant is convicted of any felony and
the court finds that the offense was accompanied by
exceptionally brutal or heinous behavior indicative of
wanton cruelty; or
(3) When a defendant is convicted of any felony
committed against:
(i) a person under 12 years of age at the time of
the offense or such person's property;
(ii) a person 60 years of age or older at the time
of the offense or such person's property; or
(iii) a person 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

HB5490 Engrossed - 195 - LRB102 25922 RLC 35294 b
animals;
(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery, religious,
fraternal, business, governmental, educational, or
other building or property; or
(v) ritualized abuse of a child; or
(5) When a defendant is convicted of a felony other
than conspiracy and the court finds that the felony was
committed under an agreement with 2 or more other persons
to commit that offense and the defendant, with respect to
the other individuals, occupied a position of organizer,
supervisor, financier, or any other position of management
or leadership, and the court further finds that the felony
committed was related to or in furtherance of the criminal
activities of an organized gang or was motivated by the
defendant's leadership in an organized gang; or
(6) When a defendant is convicted of an offense
committed while using a firearm with a laser sight
attached to it. For purposes of this paragraph, "laser
sight" has the meaning ascribed to it in Section 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

HB5490 Engrossed - 196 - LRB102 25922 RLC 35294 b
an act that if committed by an adult would be a Class X or
Class 1 felony when the conviction has occurred within 10
years after the previous adjudication, excluding time
spent in custody; or
(8) When a defendant commits any felony and the
defendant used, possessed, exercised control over, or
otherwise directed an animal to assault a law enforcement
officer engaged in the execution of his or her official
duties or in furtherance of the criminal activities of an
organized gang in which the defendant is engaged; or
(9) When a defendant commits any felony and the
defendant knowingly video or audio records the offense
with the intent to disseminate the recording.
(c) The following factors may be considered by the court
as reasons to impose an extended term sentence under Section
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

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murder, after having been previously convicted of domestic
battery (720 ILCS 5/12-3.2) or aggravated domestic battery
(720 ILCS 5/12-3.3) committed on the same victim or after
having been previously convicted of violation of an order
of protection (720 ILCS 5/12-30) in which the same victim
was the protected person.
(2) When a defendant is convicted of voluntary
manslaughter, second degree murder, involuntary
manslaughter, or reckless homicide in which the defendant
has been convicted of causing the death of more than one
individual.
(3) When a defendant is convicted of aggravated
criminal sexual assault or criminal sexual assault, when
there is a finding that aggravated criminal sexual assault
or criminal sexual assault was also committed on the same
victim by one or more other individuals, and the defendant
voluntarily participated in the crime with the knowledge
of the participation of the others in the crime, and the
commission of the crime was part of a single course of
conduct during which there was no substantial change in
the nature of the criminal objective.
(4) If the victim was under 18 years of age at the time
of the commission of the offense, when a defendant is
convicted of aggravated criminal sexual assault or
predatory criminal sexual assault of a child under
subsection (a)(1) of Section 11-1.40 or subsection (a)(1)

HB5490 Engrossed - 198 - LRB102 25922 RLC 35294 b
of Section 12-14.1 of the Criminal Code of 1961 or the
Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
(5) When a defendant is convicted of a felony
violation of Section 24-1 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
finding that the defendant is a member of an organized
gang.
(6) When a defendant was convicted of unlawful use of
weapons under Section 24-1 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
a weapon that is not readily distinguishable as one of the
weapons enumerated in Section 24-1 of the Criminal Code of
1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
(7) When a defendant is convicted of an offense
involving the illegal manufacture of a controlled
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

HB5490 Engrossed - 199 - LRB102 25922 RLC 35294 b
peace officer, community policing volunteer, fireman,
emergency medical technician-ambulance, emergency medical
technician-intermediate, emergency medical
technician-paramedic, ambulance driver, other medical
assistance or first aid personnel, or hospital emergency
room personnel.
(8) When the defendant is convicted of attempted mob
action, solicitation to commit mob action, or conspiracy
to commit mob action under Section 8-1, 8-2, or 8-4 of the
Criminal Code of 2012, where the criminal object is a
violation of Section 25-1 of the Criminal Code of 2012,
and an electronic communication is used in the commission
of the offense. For the purposes of this paragraph (8),
"electronic communication" shall have the meaning provided
in Section 26.5-0.1 of the Criminal Code of 2012.
(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

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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. 100-1053, eff. 1-1-19; 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.)
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
Sec. 5-8-1. Natural life imprisonment; enhancements for
use of a firearm; mandatory supervised release terms.
(a) Except as otherwise provided in the statute defining
the offense or in Article 4.5 of Chapter V, a sentence of
imprisonment for a felony shall be a determinate sentence set
by the court under this Section, subject to Section 5-4.5-115
of this Code, according to the following limitations:
(1) for first degree murder,
(a) (blank),
(b) if a trier of fact finds beyond a reasonable
doubt that the murder was accompanied by exceptionally
brutal or heinous behavior indicative of wanton
cruelty or, except as set forth in subsection
(a)(1)(c) of this Section, that any of the aggravating
factors listed in subsection (b) or (b-5) of Section
9-1 of the Criminal Code of 1961 or the Criminal Code
of 2012 are present, the court may sentence the

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defendant, subject to Section 5-4.5-105, to a term of
natural life imprisonment, or
(c) the court shall sentence the defendant to a
term of natural life imprisonment if the defendant, at
the time of the commission of the murder, had attained
the age of 18, and:
(i) has previously been convicted of first
degree murder under any state or federal law, or
(ii) is found guilty of murdering more than
one victim, or
(iii) is found guilty of murdering a peace
officer, fireman, or emergency management worker
when the peace officer, fireman, or emergency
management worker was killed in the course of
performing his official duties, or to prevent the
peace officer or fireman from performing his
official duties, or in retaliation for the peace
officer, fireman, or emergency management worker
from performing his official duties, and the
defendant knew or should have known that the
murdered individual was a peace officer, fireman,
or emergency management worker, or
(iv) is found guilty of murdering an employee
of an institution or facility of the Department of
Corrections, or any similar local correctional
agency, when the employee was killed in the course

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of performing his official duties, or to prevent
the employee from performing his official duties,
or in retaliation for the employee performing his
official duties, or
(v) is found guilty of murdering an emergency
medical technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver or other
medical assistance or first aid person while
employed by a municipality or other governmental
unit when the person was killed in the course of
performing official duties or to prevent the
person from performing official duties or in
retaliation for performing official duties and the
defendant knew or should have known that the
murdered individual was an emergency medical
technician - ambulance, emergency medical
technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other
medical assistant or first aid personnel, or
(vi) (blank), or
(vii) is found guilty of first degree murder
and the murder was committed by reason of any
person's activity as a community policing
volunteer or to prevent any person from engaging
in activity as a community policing volunteer. For

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the purpose of this Section, "community policing
volunteer" has the meaning ascribed to it in
Section 2-3.5 of the Criminal Code of 2012.
For purposes of clause (v), "emergency medical
technician - ambulance", "emergency medical technician -
intermediate", "emergency medical technician -
paramedic", have the meanings ascribed to them in the
Emergency Medical Services (EMS) Systems Act.
(d)(i) if the person committed the offense while
armed with a firearm, 15 years shall be added to
the term of imprisonment imposed by the court;
(ii) if, during the commission of the offense, the
person personally discharged a firearm, 20 years shall
be added to the term of imprisonment imposed by the
court;
(iii) if, during the commission of the offense,
the person personally discharged a firearm that
proximately caused great bodily harm, permanent
disability, permanent disfigurement, or death to
another person, 25 years or up to a term of natural
life shall be added to the term of imprisonment
imposed by the court.
(2) (blank);
(2.5) for a person who has attained the age of 18 years
at the time of the commission of the offense and who is
convicted under the circumstances described in subdivision

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(b)(1)(B) of Section 11-1.20 or paragraph (3) of
subsection (b) of Section 12-13, subdivision (d)(2) of
Section 11-1.30 or paragraph (2) of subsection (d) of
Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
paragraph (1.2) of subsection (b) of Section 12-14.1,
subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
subsection (b) of Section 12-14.1 of the Criminal Code of
1961 or the Criminal Code of 2012, the sentence shall be a
term of natural life imprisonment.
(b) (Blank).
(c) (Blank).
(d) Subject to earlier termination under Section 3-3-8,
the parole or mandatory supervised release term shall be
written as part of the sentencing order and shall be as
follows:
(1) for first degree murder or for the offenses of
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, and criminal sexual assault if
committed on or before December 12, 2005, 3 years;
(1.5) except as provided in paragraph (7) of this
subsection (d), for a Class X felony except for the
offenses of predatory criminal sexual assault of a child,
aggravated criminal sexual assault, and criminal sexual
assault if committed on or after December 13, 2005 (the
effective date of Public Act 94-715) and except for the
offense of aggravated child sexual abuse material

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pornography under Section 11-20.1B, 11-20.3, or 11-20.1
with sentencing under subsection (c-5) of Section 11-20.1
of the Criminal Code of 1961 or the Criminal Code of 2012,
if committed on or after January 1, 2009, 18 months;
(2) except as provided in paragraph (7) of this
subsection (d), for a Class 1 felony or a Class 2 felony
except for the offense of criminal sexual assault if
committed on or after December 13, 2005 (the effective
date of Public Act 94-715) and except for the offenses of
manufacture and dissemination of child sexual abuse
material pornography under clauses (a)(1) and (a)(2) of
Section 11-20.1 of the Criminal Code of 1961 or the
Criminal Code of 2012, if committed on or after January 1,
2009, 12 months;
(3) except as provided in paragraph (4), (6), or (7)
of this subsection (d), a mandatory supervised release
term shall not be imposed for a Class 3 felony or a Class 4
felony; unless:
(A) the Prisoner Review Board, based on a
validated risk and needs assessment, determines it is
necessary for an offender to serve a mandatory
supervised release term;
(B) if the Prisoner Review Board determines a
mandatory supervised release term is necessary
pursuant to subparagraph (A) of this paragraph (3),
the Prisoner Review Board shall specify the maximum

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number of months of mandatory supervised release the
offender may serve, limited to a term of: (i) 12 months
for a Class 3 felony; and (ii) 12 months for a Class 4
felony;
(4) for defendants who commit the offense of predatory
criminal sexual assault of a child, aggravated criminal
sexual assault, or criminal sexual assault, on or after
December 13, 2005 (the effective date of Public Act
94-715), or who commit the offense of aggravated child
sexual abuse material pornography under Section 11-20.1B,
11-20.3, or 11-20.1 with sentencing under subsection (c-5)
of Section 11-20.1 of the Criminal Code of 1961 or the
Criminal Code of 2012, manufacture of child sexual abuse
material pornography, or dissemination of child sexual
abuse material pornography after January 1, 2009, the term
of mandatory supervised release shall range from a minimum
of 3 years to a maximum of the natural life of the
defendant;
(5) if the victim is under 18 years of age, for a
second or subsequent offense of aggravated criminal sexual
abuse or felony criminal sexual abuse, 4 years, at least
the first 2 years of which the defendant shall serve in an
electronic monitoring or home detention program under
Article 8A of Chapter V of this Code;
(6) for a felony domestic battery, aggravated domestic
battery, stalking, aggravated stalking, and a felony

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violation of an order of protection, 4 years;
(7) for any felony described in paragraph (a)(2)(ii),
(a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
(a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
3-6-3 of the Unified Code of Corrections requiring an
inmate to serve a minimum of 85% of their court-imposed
sentence, except for the offenses of predatory criminal
sexual assault of a child, aggravated criminal sexual
assault, and criminal sexual assault if committed on or
after December 13, 2005 (the effective date of Public Act
94-715) and except for the offense of aggravated child
sexual abuse material pornography under Section 11-20.1B,
11-20.3, or 11-20.1 with sentencing under subsection (c-5)
of Section 11-20.1 of the Criminal Code of 1961 or the
Criminal Code of 2012, if committed on or after January 1,
2009 and except as provided in paragraph (4) or paragraph
(6) of this subsection (d), the term of mandatory
supervised release shall be as follows:
(A) Class X felony, 3 years;
(B) Class 1 or Class 2 felonies, 2 years;
(C) Class 3 or Class 4 felonies, 1 year.
(e) (Blank).
(f) (Blank).
(g) Notwithstanding any other provisions of this Act and
of Public Act 101-652: (i) the provisions of paragraph (3) of
subsection (d) are effective on July 1, 2022 and shall apply to

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all individuals convicted on or after the effective date of
paragraph (3) of subsection (d); and (ii) the provisions of
paragraphs (1.5) and (2) of subsection (d) are effective on
July 1, 2021 and shall apply to all individuals convicted on or
after the effective date of paragraphs (1.5) and (2) of
subsection (d).
(Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21;
102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff.
1-7-22.)
(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
Sec. 5-8-4. Concurrent and consecutive terms of
imprisonment.
(a) Concurrent terms; multiple or additional sentences.
When an Illinois court (i) imposes multiple sentences of
imprisonment on a defendant at the same time or (ii) imposes a
sentence of imprisonment on a defendant who is already subject
to a sentence of imprisonment imposed by an Illinois court, a
court of another state, or a federal court, then the sentences
shall run concurrently unless otherwise determined by the
Illinois court under this Section.
(b) Concurrent terms; misdemeanor and felony. A defendant
serving a sentence for a misdemeanor who is convicted of a
felony and sentenced to imprisonment shall be transferred to
the Department of Corrections, and the misdemeanor sentence
shall be merged in and run concurrently with the felony

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sentence.
(c) Consecutive terms; permissive. The court may impose
consecutive sentences in any of the following circumstances:
(1) If, having regard to the nature and circumstances
of the offense and the history and character of the
defendant, it is the opinion of the court that consecutive
sentences are required to protect the public from further
criminal conduct by the defendant, the basis for which the
court shall set forth in the record.
(2) If one of the offenses for which a defendant was
convicted was a violation of Section 32-5.2 (aggravated
false personation of a peace officer) of the Criminal Code
of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
(b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
offense was committed in attempting or committing a
forcible felony.
(d) Consecutive terms; mandatory. The court shall impose
consecutive sentences in each of the following circumstances:
(1) One of the offenses for which the defendant was
convicted was first degree murder or a Class X or Class 1
felony and the defendant inflicted severe bodily injury.
(2) The defendant was convicted of a violation of
Section 11-1.20 or 12-13 (criminal sexual assault),
11-1.30 or 12-14 (aggravated criminal sexual assault), or
11-1.40 or 12-14.1 (predatory criminal sexual assault of a

HB5490 Engrossed - 210 - LRB102 25922 RLC 35294 b
child) of the Criminal Code of 1961 or the Criminal Code of
2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
5/12-14.1).
(2.5) The defendant was convicted of a violation of
paragraph (1), (2), (3), (4), (5), or (7) of subsection
(a) of Section 11-20.1 (child sexual abuse material
pornography) or of paragraph (1), (2), (3), (4), (5), or
(7) of subsection (a) of Section 11-20.1B or 11-20.3
(aggravated child sexual abuse material pornography) of
the Criminal Code of 1961 or the Criminal Code of 2012; or
the defendant was convicted of a violation of paragraph
(6) of subsection (a) of Section 11-20.1 (child sexual
abuse material pornography) or of paragraph (6) of
subsection (a) of Section 11-20.1B or 11-20.3 (aggravated
child sexual abuse material pornography) of the Criminal
Code of 1961 or the Criminal Code of 2012, when the child
depicted is under the age of 13.
(3) The defendant was convicted of armed violence
based upon the predicate offense of any of the following:
solicitation of murder, solicitation of murder for hire,
heinous battery as described in Section 12-4.1 or
subdivision (a)(2) of Section 12-3.05, aggravated battery
of a senior citizen as described in Section 12-4.6 or
subdivision (a)(4) of Section 12-3.05, criminal sexual
assault, a violation of subsection (g) of Section 5 of the

HB5490 Engrossed - 211 - LRB102 25922 RLC 35294 b
Cannabis Control Act (720 ILCS 550/5), cannabis
trafficking, a violation of subsection (a) of Section 401
of the Illinois Controlled Substances Act (720 ILCS
570/401), controlled substance trafficking involving a
Class X felony amount of controlled substance under
Section 401 of the Illinois Controlled Substances Act (720
ILCS 570/401), a violation of the Methamphetamine Control
and Community Protection Act (720 ILCS 646/), calculated
criminal drug conspiracy, or streetgang criminal drug
conspiracy.
(4) The defendant was convicted of the offense of
leaving the scene of a motor vehicle accident involving
death or personal injuries under Section 11-401 of the
Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
aggravated driving under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds, or
any combination thereof under Section 11-501 of the
Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
homicide under Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
offense described in item (A) and an offense described in
item (B).
(5) The defendant was convicted of a violation of
Section 9-3.1 or Section 9-3.4 (concealment of homicidal
death) or Section 12-20.5 (dismembering a human body) of
the Criminal Code of 1961 or the Criminal Code of 2012 (720

HB5490 Engrossed - 212 - LRB102 25922 RLC 35294 b
ILCS 5/9-3.1 or 5/12-20.5).
(5.5) The defendant was convicted of a violation of
Section 24-3.7 (use of a stolen firearm in the commission
of an offense) of the Criminal Code of 1961 or the Criminal
Code of 2012.
(6) If the defendant was in the custody of the
Department of Corrections at the time of the commission of
the offense, the sentence shall be served consecutive to
the sentence under which the defendant is held by the
Department of Corrections. If, however, the defendant is
sentenced to punishment by death, the sentence shall be
executed at such time as the court may fix without regard
to the sentence under which the defendant may be held by
the Department.
(7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
for escape or attempted escape shall be served consecutive
to the terms under which the offender is held by the
Department of Corrections.
(8) If a person charged with a felony commits a
separate felony while on pretrial release or in pretrial
detention in a county jail facility or county detention
facility, then the sentences imposed upon conviction of
these felonies shall be served consecutively regardless of
the order in which the judgments of conviction are
entered.
(8.5) If a person commits a battery against a county

HB5490 Engrossed - 213 - LRB102 25922 RLC 35294 b
correctional officer or sheriff's employee while serving a
sentence or in pretrial detention in a county jail
facility, then the sentence imposed upon conviction of the
battery shall be served consecutively with the sentence
imposed upon conviction of the earlier misdemeanor or
felony, regardless of the order in which the judgments of
conviction are entered.
(9) If a person admitted to bail following conviction
of a felony commits a separate felony while free on bond or
if a person detained in a county jail facility or county
detention facility following conviction of a felony
commits a separate felony while in detention, then any
sentence following conviction of the separate felony shall
be consecutive to that of the original sentence for which
the defendant was on bond or detained.
(10) If a person is found to be in possession of an
item of contraband, as defined in Section 31A-0.1 of the
Criminal Code of 2012, while serving a sentence in a
county jail or while in pre-trial detention in a county
jail, the sentence imposed upon conviction for the offense
of possessing contraband in a penal institution shall be
served consecutively to the sentence imposed for the
offense in which the person is serving sentence in the
county jail or serving pretrial detention, regardless of
the order in which the judgments of conviction are
entered.

HB5490 Engrossed - 214 - LRB102 25922 RLC 35294 b
(11) If a person is sentenced for a violation of bail
bond under Section 32-10 of the Criminal Code of 1961 or
the Criminal Code of 2012, any sentence imposed for that
violation shall be served consecutive to the sentence
imposed for the charge for which bail had been granted and
with respect to which the defendant has been convicted.
(e) Consecutive terms; subsequent non-Illinois term. If an
Illinois court has imposed a sentence of imprisonment on a
defendant and the defendant is subsequently sentenced to a
term of imprisonment by a court of another state or a federal
court, then the Illinois sentence shall run consecutively to
the sentence imposed by the court of the other state or the
federal court. That same Illinois court, however, may order
that the Illinois sentence run concurrently with the sentence
imposed by the court of the other state or the federal court,
but only if the defendant applies to that same Illinois court
within 30 days after the sentence imposed by the court of the
other state or the federal court is finalized.
(f) Consecutive terms; aggregate maximums and minimums.
The aggregate maximum and aggregate minimum of consecutive
sentences shall be determined as follows:
(1) For sentences imposed under law in effect prior to
February 1, 1978, the aggregate maximum of consecutive
sentences shall not exceed the maximum term authorized
under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
Chapter V for the 2 most serious felonies involved. The

HB5490 Engrossed - 215 - LRB102 25922 RLC 35294 b
aggregate minimum period of consecutive sentences shall
not exceed the highest minimum term authorized under
Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
V for the 2 most serious felonies involved. When sentenced
only for misdemeanors, a defendant shall not be
consecutively sentenced to more than the maximum for one
Class A misdemeanor.
(2) For sentences imposed under the law in effect on
or after February 1, 1978, the aggregate of consecutive
sentences for offenses that were committed as part of a
single course of conduct during which there was no
substantial change in the nature of the criminal objective
shall not exceed the sum of the maximum terms authorized
under Article 4.5 of Chapter V for the 2 most serious
felonies involved, but no such limitation shall apply for
offenses that were not committed as part of a single
course of conduct during which there was no substantial
change in the nature of the criminal objective. When
sentenced only for misdemeanors, a defendant shall not be
consecutively sentenced to more than the maximum for one
Class A misdemeanor.
(g) Consecutive terms; manner served. In determining the
manner in which consecutive sentences of imprisonment, one or
more of which is for a felony, will be served, the Department
of Corrections shall treat the defendant as though he or she
had been committed for a single term subject to each of the

HB5490 Engrossed - 216 - LRB102 25922 RLC 35294 b
following:
(1) The maximum period of a term of imprisonment shall
consist of the aggregate of the maximums of the imposed
indeterminate terms, if any, plus the aggregate of the
imposed determinate sentences for felonies, plus the
aggregate of the imposed determinate sentences for
misdemeanors, subject to subsection (f) of this Section.
(2) The parole or mandatory supervised release term
shall be as provided in paragraph (e) of Section 5-4.5-50
(730 ILCS 5/5-4.5-50) for the most serious of the offenses
involved.
(3) The minimum period of imprisonment shall be the
aggregate of the minimum and determinate periods of
imprisonment imposed by the court, subject to subsection
(f) of this Section.
(4) The defendant shall be awarded credit against the
aggregate maximum term and the aggregate minimum term of
imprisonment for all time served in an institution since
the commission of the offense or offenses and as a
consequence thereof at the rate specified in Section 3-6-3
(730 ILCS 5/3-6-3).
(h) Notwithstanding any other provisions of this Section,
all sentences imposed by an Illinois court under this Code
shall run concurrent to any and all sentences imposed under
the Juvenile Court Act of 1987.
(Source: P.A. 102-350, eff. 8-13-21.)

HB5490 Engrossed - 217 - LRB102 25922 RLC 35294 b
(730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7)
Sec. 5-9-1.7. Sexual assault fines.
(a) Definitions. The terms used in this Section shall have
the following meanings ascribed to them:
(1) "Sexual assault" means the commission or attempted
commission of the following: sexual exploitation of a
child, criminal sexual assault, predatory criminal sexual
assault of a child, aggravated criminal sexual assault,
criminal sexual abuse, aggravated criminal sexual abuse,
indecent solicitation of a child, public indecency, sexual
relations within families, promoting juvenile
prostitution, soliciting for a juvenile prostitute,
keeping a place of juvenile prostitution, patronizing a
juvenile prostitute, juvenile pimping, exploitation of a
child, obscenity, child sexual abuse material pornography,
aggravated child sexual abuse material 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,

HB5490 Engrossed - 218 - LRB102 25922 RLC 35294 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.)
(730 ILCS 5/5-9-1.8)
Sec. 5-9-1.8. Child sexual abuse material pornography
fines. Beginning July 1, 2006, 100% of the fines in excess of
$10,000 collected for violations of Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012 shall be
deposited into the Child Abuse Prevention Fund that is created
in the State Treasury. Moneys in the Fund resulting from the
fines shall be for the use of the Department of Children and
Family Services for grants to private entities giving

HB5490 Engrossed - 219 - LRB102 25922 RLC 35294 b
treatment and counseling to victims of child sexual abuse.
Notwithstanding any other provision of law, in addition to
any other transfers that may be provided by law, on July 1,
2006, or as soon thereafter as practical, the State
Comptroller shall direct and the State Treasurer shall
transfer the remaining balance from the Child Sexual Abuse
Fund into the Child Abuse Prevention Fund. Upon completion of
the transfer, the Child Sexual Abuse Fund is dissolved, and
any future deposits due to that Fund and any outstanding
obligations or liabilities of the Fund pass to the Child Abuse
Prevention Fund.
(Source: P.A. 97-1150, eff. 1-25-13.)
Section 70. The Sex Offender Registration Act is amended
by changing Section 2 as follows:
(730 ILCS 150/2) (from Ch. 38, par. 222)
Sec. 2. Definitions.
(A) As used in this Article, "sex offender" means any
person who is:
(1) charged pursuant to Illinois law, or any
substantially similar federal, Uniform Code of Military
Justice, sister state, or foreign country law, with a sex
offense set forth in subsection (B) of this Section or the
attempt to commit an included sex offense, and:
(a) is convicted of such offense or an attempt to

HB5490 Engrossed - 220 - LRB102 25922 RLC 35294 b
commit such offense; or
(b) is found not guilty by reason of insanity of
such offense or an attempt to commit such offense; or
(c) is found not guilty by reason of insanity
pursuant to Section 104-25(c) of the Code of Criminal
Procedure of 1963 of such offense or an attempt to
commit such offense; or
(d) is the subject of a finding not resulting in an
acquittal at a hearing conducted pursuant to Section
104-25(a) of the Code of Criminal Procedure of 1963
for the alleged commission or attempted commission of
such offense; or
(e) is found not guilty by reason of insanity
following a hearing conducted pursuant to a federal,
Uniform Code of Military Justice, sister state, or
foreign country law substantially similar to Section
104-25(c) of the Code of Criminal Procedure of 1963 of
such offense or of the attempted commission of such
offense; or
(f) is the subject of a finding not resulting in an
acquittal at a hearing conducted pursuant to a
federal, Uniform Code of Military Justice, sister
state, or foreign country law substantially similar to
Section 104-25(a) of the Code of Criminal Procedure of
1963 for the alleged violation or attempted commission
of such offense; or

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(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
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,

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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 sexual abuse material pornography),
11-20.1B or 11-20.3 (aggravated child sexual abuse
material pornography),
11-6 (indecent solicitation of a child),
11-9.1 (sexual exploitation of a child),
11-9.2 (custodial sexual misconduct),
11-9.5 (sexual misconduct with a person with a
disability),
11-14.4 (promoting juvenile prostitution),
11-15.1 (soliciting for a juvenile prostitute),
11-18.1 (patronizing a juvenile prostitute),
11-17.1 (keeping a place of juvenile
prostitution),
11-19.1 (juvenile pimping),
11-19.2 (exploitation of a child),
11-25 (grooming),
11-26 (traveling to meet a minor or traveling to
meet a child),

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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),
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.

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(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
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

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subsection (c) of Section 3 of this Act applies.
(1.10) A violation or attempted violation of any of
the following Sections of the Criminal Code of 1961 or the
Criminal Code of 2012 when the offense was committed on or
after July 1, 1999:
10-4 (forcible detention, if the victim is under
18 years of age), provided the offense was sexually
motivated as defined in Section 10 of the Sex Offender
Management Board Act,
11-6.5 (indecent solicitation of an adult),
11-14.3 that involves soliciting for a prostitute,
or 11-15 (soliciting for a prostitute, if the victim
is under 18 years of age),
subdivision (a)(2)(A) or (a)(2)(B) of Section
11-14.3, or Section 11-16 (pandering, if the victim is
under 18 years of age),
11-18 (patronizing a prostitute, if the victim is
under 18 years of age),
subdivision (a)(2)(C) of Section 11-14.3, or
Section 11-19 (pimping, if the victim is under 18
years of age).
If the offense was committed before July 1, 1999, it
is a sex offense requiring registration only when the
person is convicted of any felony after July 1, 2011, and
paragraph (2.1) of subsection (c) of Section 3 of this Act
applies.

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(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
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

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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
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

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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
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.

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(E) As used in this Article, "sexual predator" means any
person who, after July 1, 1999, is:
(1) Convicted for an offense of federal, Uniform Code
of Military Justice, sister state, or foreign country law
that is substantially equivalent to any offense listed in
subsection (E) or (E-5) of this Section shall constitute a
conviction for the purpose of this Article. Convicted of a
violation or attempted violation of any of the following
Sections of the Criminal Code of 1961 or the Criminal Code
of 2012:
10-5.1 (luring of a minor),
11-14.4 that involves keeping a place of juvenile
prostitution, or 11-17.1 (keeping a place of juvenile
prostitution),
subdivision (a)(2) or (a)(3) of Section 11-14.4,
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 sexual abuse material pornography),
11-20.1B or 11-20.3 (aggravated child sexual abuse
material 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),

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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
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

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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
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

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Section 10 of the Sex Offender Management Board Act).
(E-10) As used in this Article, "sexual predator" also
means a person required to register in another State due to a
conviction, adjudication or other action of any court
triggering an obligation to register as a sex offender, sexual
predator, or substantially similar status under the laws of
that State.
(F) As used in this Article, "out-of-state student" means
any sex offender, as defined in this Section, or sexual
predator who is enrolled in Illinois, on a full-time or
part-time basis, in any public or private educational
institution, including, but not limited to, any secondary
school, trade or professional institution, or institution of
higher learning.
(G) As used in this Article, "out-of-state employee" means
any sex offender, as defined in this Section, or sexual
predator who works in Illinois, regardless of whether the
individual receives payment for services performed, for a
period of time of 10 or more days or for an aggregate period of
time of 30 or more days during any calendar year. Persons who
operate motor vehicles in the State accrue one day of
employment time for any portion of a day spent in Illinois.
(H) As used in this Article, "school" means any public or
private educational institution, including, but not limited
to, any elementary or secondary school, trade or professional
institution, or institution of higher education.

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(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 75. 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 juvenile prostitution); 11-15 (soliciting
for a prostitute); 11-15.1 (soliciting for a juvenile
prostitute); 11-16 (pandering); 11-17 (keeping a place of

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prostitution); 11-17.1 (keeping a place of juvenile
prostitution); 11-19 (pimping); 11-19.1 (juvenile pimping and
aggravated juvenile pimping); 11-19.2 (exploitation of a
child); 11-20 (obscenity); 11-20.1 (child sexual abuse
material pornography); 11-20.1B or 11-20.3 (aggravated child
sexual abuse material 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 prostitute: the prostitute who is
the object of the solicitation;
(2) soliciting for a juvenile prostitute: the 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 prostitute;
(4) keeping a place of prostitution: any person
intended or compelled to act as a prostitute, while
present at the place, during the time period in question;
(5) keeping a place of juvenile prostitution: any
juvenile intended or compelled to act as a prostitute,

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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 prostitute
from whom anything of value is received;
(7) promoting juvenile prostitution as described in
subdivision (a)(2) or (a)(3) of Section 11-14.4 of the
Criminal Code of 1961 or 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 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 disability, intended or compelled to act as a
prostitute or from whom anything of value is received for
that person's act of prostitution;
(9) obscenity: any person who appears in or is
described or depicted in the offending conduct or
material;
(10) child sexual abuse material pornography or
aggravated child sexual abuse material pornography: any
child, or person with a severe or profound intellectual

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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 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.