HB5490 Engrossed LRB102 25922 RLC 35294 b
1		AN ACT concerning criminal law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Sex Offender Management Board Act is
5		amended by changing Section 10 as follows:
6		(20 ILCS 4026/10)
7		Sec. 10. Definitions. In this Act, unless the context
8		otherwise requires:
9		(a) "Board" means the Sex Offender Management Board
10		created in Section 15.
11		(b) "Sex offender" means any person who is convicted or
12		found delinquent in the State of Illinois, or under any
13		substantially similar federal law or law of another state, of
14		any sex offense or attempt of a sex offense as defined in
15		subsection (c) of this Section, or any former statute of this
16		State that defined a felony sex offense, or who has been
17		declared as a sexually dangerous person under the Sexually
18		Dangerous Persons Act or declared a sexually violent person
19		under the Sexually Violent Persons Commitment Act, or any
20		substantially similar federal law or law of another state.
21		(c) "Sex offense" means any felony or misdemeanor offense
22		described in this subsection (c) as follows:
23		(1) indecent solicitation of a child, in violation of

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1		Section 11-6 of the Criminal Code of 1961 or the Criminal
2		Code of 2012;
3		(2) indecent solicitation of an adult, in violation of
4		Section 11-6.5 of the Criminal Code of 1961 or the
5		Criminal Code of 2012;
6		(3) public indecency, in violation of Section 11-9 or
7		11-30 of the Criminal Code of 1961 or the Criminal Code of
8		2012;
9		(4) sexual exploitation of a child, in violation of
10		Section 11-9.1 of the Criminal Code of 1961 or the
11		Criminal Code of 2012;
12		(5) sexual relations within families, in violation of
13		Section 11-11 of the Criminal Code of 1961 or the Criminal
14		Code of 2012;
15		(6) promoting juvenile prostitution or soliciting for
16		a juvenile prostitute, in violation of Section 11-14.4 or
17		11-15.1 of the Criminal Code of 1961 or the Criminal Code
18		of 2012;
19		(7) promoting juvenile prostitution or keeping a place
20		of juvenile prostitution, in violation of Section 11-14.4
21		or 11-17.1 of the Criminal Code of 1961 or the Criminal
22		Code of 2012;
23		(8) patronizing a juvenile prostitute, in violation of
24		Section 11-18.1 of the Criminal Code of 1961 or the
25		Criminal Code of 2012;
26		(9) promoting juvenile prostitution or juvenile

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1		pimping, in violation of Section 11-14.4 or 11-19.1 of the
2		Criminal Code of 1961 or the Criminal Code of 2012;
3		(10) promoting juvenile prostitution or exploitation
4		of a child, in violation of Section 11-14.4 or 11-19.2 of
5		the Criminal Code of 1961 or the Criminal Code of 2012;
6		(11) child sexual abuse material pornography, in
7		violation of Section 11-20.1 of the Criminal Code of 1961
8		or the Criminal Code of 2012;
9		(11.5) aggravated child sexual abuse material
10		pornography, in violation of Section 11-20.1B or 11-20.3
11		of the Criminal Code of 1961;
12		(12) harmful material, in violation of Section 11-21
13		of the Criminal Code of 1961 or the Criminal Code of 2012;
14		(13) criminal sexual assault, in violation of Section
15		11-1.20 or 12-13 of the Criminal Code of 1961 or the
16		Criminal Code of 2012;
17		(13.5) grooming, in violation of Section 11-25 of the
18		Criminal Code of 1961 or the Criminal Code of 2012;
19		(14) aggravated criminal sexual assault, in violation
20		of Section 11-1.30 or 12-14 of the Criminal Code of 1961 or
21		the Criminal Code of 2012;
22		(14.5) traveling to meet a minor or traveling to meet
23		a child, in violation of Section 11-26 of the Criminal
24		Code of 1961 or the Criminal Code of 2012;
25		(15) predatory criminal sexual assault of a child, in
26		violation of Section 11-1.40 or 12-14.1 of the Criminal

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1		Code of 1961 or the Criminal Code of 2012;
2		(16) criminal sexual abuse, in violation of Section
3		11-1.50 or 12-15 of the Criminal Code of 1961 or the
4		Criminal Code of 2012;
5		(17) aggravated criminal sexual abuse, in violation of
6		Section 11-1.60 or 12-16 of the Criminal Code of 1961 or
7		the Criminal Code of 2012;
8		(18) ritualized abuse of a child, in violation of
9		Section 12-33 of the Criminal Code of 1961 or the Criminal
10		Code of 2012;
11		(19) an attempt to commit any of the offenses
12		enumerated in this subsection (c); or
13		(20) any felony offense under Illinois law that is
14		sexually motivated.
15		(d) "Management" means treatment, and supervision of any
16		sex offender that conforms to the standards created by the
17		Board under Section 15.
18		(e) "Sexually motivated" means one or more of the facts of
19		the underlying offense indicates conduct that is of a sexual
20		nature or that shows an intent to engage in behavior of a
21		sexual nature.
22		(f) "Sex offender evaluator" means a person licensed under
23		the Sex Offender Evaluation and Treatment Provider Act to
24		conduct sex offender evaluations.
25		(g) "Sex offender treatment provider" means a person
26		licensed under the Sex Offender Evaluation and Treatment

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1		Provider Act to provide sex offender treatment services.
2		(h) "Associate sex offender provider" means a person
3		licensed under the Sex Offender Evaluation and Treatment
4		Provider Act to provide sex offender evaluations and to
5		provide sex offender treatment under the supervision of a
6		licensed sex offender evaluator or a licensed sex offender
7		treatment provider.
8		(Source: P.A. 100-428, eff. 1-1-18.)
9		Section 10. The Medical School Matriculant Criminal
10		History Records Check Act is amended by changing Section 5 as
11		follows:
12		(110 ILCS 57/5)
13		Sec. 5. Definitions.
14		"Matriculant" means an individual who is conditionally
15		admitted as a student to a medical school located in Illinois,
16		pending the medical school's consideration of his or her
17		criminal history records check under this Act.
18		"Sex offender" means any person who is convicted pursuant
19		to Illinois law or any substantially similar federal, Uniform
20		Code of Military Justice, sister state, or foreign country law
21		with any of the following sex offenses set forth in the
22		Criminal Code of 1961 or the Criminal Code of 2012:
23		(1) Indecent solicitation of a child.
24		(2) Sexual exploitation of a child.

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1		(3) Custodial sexual misconduct.
2		(4) Exploitation of a child.
3		(5) Child sexual abuse material pornography.
4		(6) Aggravated child sexual abuse material
5		pornography.
6		"Violent felony" means any of the following offenses, as
7		defined by the Criminal Code of 1961 or the Criminal Code of
8		2012:
9		(1) First degree murder.
10		(2) Second degree murder.
11		(3) Predatory criminal sexual assault of a child.
12		(4) Aggravated criminal sexual assault.
13		(5) Criminal sexual assault.
14		(6) Aggravated arson.
15		(7) Aggravated kidnapping.
16		(8) Kidnapping.
17		(9) Aggravated battery resulting in great bodily harm
18		or permanent disability or disfigurement.
19		(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
20		Section 15. The Child Care Act of 1969 is amended by
21		changing Section 3.3 as follows:
22		(225 ILCS 10/3.3)
23		Sec. 3.3. Requirements for criminal background checks for
24		adoption-only homes. In approving an adoption-only home

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

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1		Section 20. The Abused and Neglected Child Reporting Act
2		is amended by changing Sections 4.5 and 11.1 as follows:
3		(325 ILCS 5/4.5)
4		Sec. 4.5. Electronic and information technology workers;
5		reporting child sexual abuse material pornography.
6		(a) In this Section:
7		"Child sexual abuse material pornography" means child
8		sexual abuse material pornography as described in Section
9		11-20.1 of the Criminal Code of 2012.
10		"Electronic and information technology equipment" means
11		equipment used in the creation, manipulation, storage,
12		display, or transmission of data, including internet and
13		intranet systems, software applications, operating systems,
14		video and multimedia, telecommunications products, kiosks,
15		information transaction machines, copiers, printers, and
16		desktop and portable computers.
17		"Electronic and information technology equipment worker"
18		means a person who in the scope and course of his or her
19		employment or business installs, repairs, or otherwise
20		services electronic and information technology equipment for a
21		fee but does not include (i) an employee, independent
22		contractor, or other agent of a telecommunications carrier or
23		telephone or telecommunications cooperative, as those terms
24		are defined in the Public Utilities Act, or (ii) an employee,

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

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

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1		determine whether to place the child in temporary
2		protective custody.
3		(6) A person having the legal responsibility or
4		authorization to care for, treat, or supervise a child, or
5		a parent, prospective adoptive parent, foster parent,
6		guardian, or other person responsible for the child's
7		welfare, who is the subject of a report.
8		(7) Except in regard to harmful or detrimental
9		information as provided in Section 7.19, any subject of
10		the report, and if the subject of the report is a minor,
11		his guardian or guardian ad litem.
12		(8) A court, upon its finding that access to such
13		records may be necessary for the determination of an issue
14		before such court; however, such access shall be limited
15		to in camera inspection, unless the court determines that
16		public disclosure of the information contained therein is
17		necessary for the resolution of an issue then pending
18		before it.
19		(8.1) A probation officer or other authorized
20		representative of a probation or court services department
21		conducting an investigation ordered by a court under the
22		Juvenile Court Act of 1987.
23		(9) A grand jury, upon its determination that access
24		to such records is necessary in the conduct of its
25		official business.
26		(10) Any person authorized by the Director, in

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

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

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

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

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1		family, or others responsible for the child's welfare, as well
2		as for the development of other resources necessary to ensure
3		a comprehensive program for the prevention of such abuse and
4		exploitation, supportive case management;
5		(d) Responding to individual physical, emotional, and
6		social needs of clients so that supportive services are
7		individually tailored and applied as long as necessary;
8		(e) Informing the public at large and professional
9		agencies about the problem of child sexual abuse and
10		exploitation, methods of detecting and responding to such
11		incidents, including those established under the Abused and
12		Neglected Child Reporting Act, the availability of State
13		service and other resources for responding to victims of such
14		abuse and exploitation, and about the existence and supportive
15		approach of treatment center programs; and
16		(f) Development of informational and training materials
17		and seminars to assure the availability of such programs and
18		services throughout the State, emphasizing the need for
19		cooperation and coordination with all appropriate elements of
20		the criminal justice system and law enforcement system.
21		(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
22		Section 30. The Intergovernmental Missing Child Recovery
23		Act of 1984 is amended by changing Section 2 as follows:
24		(325 ILCS 40/2) (from Ch. 23, par. 2252)

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1		Sec. 2. As used in this Act:
2		(a) (Blank).
3		(b) "Director" means the Director of the Illinois State
4		Police.
5		(c) "Unit of local government" is defined as in Article
6		VII, Section 1 of the Illinois Constitution and includes both
7		home rule units and units which are not home rule units. The
8		term is also defined to include all public school districts
9		subject to the provisions of the School Code.
10		(d) "Child" means a person under 21 years of age.
11		(e) A "LEADS terminal" is an interactive computerized
12		communication and processing unit which permits a direct
13		on-line communication with the Illinois State Police's central
14		data repository, the Law Enforcement Agencies Data System
15		(LEADS).
16		(f) A "primary contact agency" means a law enforcement
17		agency which maintains a LEADS terminal, or has immediate
18		access to one on a 24-hour-per-day, 7-day-per-week basis by
19		written agreement with another law enforcement agency.
20		(g) (Blank).
21		(h) "Missing child" means any person under 21 years of age
22		whose whereabouts are unknown to his or her parents or legal
23		guardian.
24		(i) "Exploitation" means activities and actions which
25		include, but are not limited to, child sexual abuse material
26		pornography, aggravated child sexual abuse material

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1		pornography, child prostitution, child sexual abuse, drug and
2		substance abuse by children, and child suicide.
3		(j) (Blank).
4		(Source: P.A. 102-538, eff. 8-20-21.)
5		Section 35. The Illinois Child Online Exploitation
6		Reporting Act is amended by changing Section 10 as follows:
7		(325 ILCS 47/10)
8		Sec. 10. Registration. Any entity, subject to the
9		reporting requirements of 42 U.S.C. 13032, while engaged in
10		providing an electronic communications service or a remote
11		computing service to the public, must provide the following
12		information to the Cyber Tipline at the National Center for
13		Missing and Exploited Children in order to facilitate the
14		required reporting of child sexual abuse material pornography
15		crimes, pursuant to 42 U.S.C. 13032:
16		(a) the agent's name, phone number, and email address; and
17		(b) the name of the agent's employer.
18		(Source: P.A. 95-983, eff. 10-3-08.)
19		Section 40. The Criminal and Traffic Assessment Act is
20		amended by changing Section 15-70 as follows:
21		(705 ILCS 135/15-70)
22		(Section scheduled to be repealed on January 1, 2024)

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1		Sec. 15-70. Conditional assessments. In addition to
2		payments under one of the Schedule of Assessments 1 through 13
3		of this Act, the court shall also order payment of any of the
4		following conditional assessment amounts for each sentenced
5		violation in the case to which a conditional assessment is
6		applicable, which shall be collected and remitted by the Clerk
7		of the Circuit Court as provided in this Section:
8		(1) arson, residential arson, or aggravated arson,
9		$500 per conviction to the State Treasurer for deposit
10		into the Fire Prevention Fund;
11		(2) child sexual abuse material pornography under
12		Section 11-20.1 of the Criminal Code of 1961 or the
13		Criminal Code of 2012, $500 per conviction, unless more
14		than one agency is responsible for the arrest in which
15		case the amount shall be remitted to each unit of
16		government equally:
17		(A) if the arresting agency is an agency of a unit
18		of local government, $500 to the treasurer of the unit
19		of local government for deposit into the unit of local
20		government's General Fund, except that if the Illinois
21		State Police provides digital or electronic forensic
22		examination assistance, or both, to the arresting
23		agency then $100 to the State Treasurer for deposit
24		into the State Crime Laboratory Fund; or
25		(B) if the arresting agency is the Illinois State
26		Police, $500 to the State Treasurer for deposit into

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1		the State Crime Laboratory Fund;
2		(3) crime laboratory drug analysis for a drug-related
3		offense involving possession or delivery of cannabis or
4		possession or delivery of a controlled substance as
5		defined in the Cannabis Control Act, the Illinois
6		Controlled Substances Act, or the Methamphetamine Control
7		and Community Protection Act, $100 reimbursement for
8		laboratory analysis, as set forth in subsection (f) of
9		Section 5-9-1.4 of the Unified Code of Corrections;
10		(4) DNA analysis, $250 on each conviction in which it
11		was used to the State Treasurer for deposit into the State
12		Crime Laboratory Fund as set forth in Section 5-9-1.4 of
13		the Unified Code of Corrections;
14		(5) DUI analysis, $150 on each sentenced violation in
15		which it was used as set forth in subsection (f) of Section
16		5-9-1.9 of the Unified Code of Corrections;
17		(6) drug-related offense involving possession or
18		delivery of cannabis or possession or delivery of a
19		controlled substance, other than methamphetamine, as
20		defined in the Cannabis Control Act or the Illinois
21		Controlled Substances Act, an amount not less than the
22		full street value of the cannabis or controlled substance
23		seized for each conviction to be disbursed as follows:
24		(A) 12.5% of the street value assessment shall be
25		paid into the Youth Drug Abuse Prevention Fund, to be
26		used by the Department of Human Services for the

HB5490 Engrossed - 21 - LRB102 25922 RLC 35294 b
1		funding of programs and services for drug-abuse
2		treatment, and prevention and education services;
3		(B) 37.5% to the county in which the charge was
4		prosecuted, to be deposited into the county General
5		Fund;
6		(C) 50% to the treasurer of the arresting law
7		enforcement agency of the municipality or county, or
8		to the State Treasurer if the arresting agency was a
9		state agency, to be deposited as provided in
10		subsection (c) of Section 10-5;
11		(D) if the arrest was made in combination with
12		multiple law enforcement agencies, the clerk shall
13		equitably allocate the portion in subparagraph (C) of
14		this paragraph (6) among the law enforcement agencies
15		involved in the arrest;
16		(6.5) Kane County or Will County, in felony,
17		misdemeanor, local or county ordinance, traffic, or
18		conservation cases, up to $30 as set by the county board
19		under Section 5-1101.3 of the Counties Code upon the entry
20		of a judgment of conviction, an order of supervision, or a
21		sentence of probation without entry of judgment under
22		Section 10 of the Cannabis Control Act, Section 410 of the
23		Illinois Controlled Substances Act, Section 70 of the
24		Methamphetamine Control and Community Protection Act,
25		Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
26		the Criminal Code of 1961 or the Criminal Code of 2012,

HB5490 Engrossed - 22 - LRB102 25922 RLC 35294 b
1		Section 10-102 of the Illinois Alcoholism and Other Drug
2		Dependency Act, or Section 10 of the Steroid Control Act;
3		except in local or county ordinance, traffic, and
4		conservation cases, if fines are paid in full without a
5		court appearance, then the assessment shall not be imposed
6		or collected. Distribution of assessments collected under
7		this paragraph (6.5) shall be as provided in Section
8		5-1101.3 of the Counties Code;
9		(7) methamphetamine-related offense involving
10		possession or delivery of methamphetamine or any salt of
11		an optical isomer of methamphetamine or possession of a
12		methamphetamine manufacturing material as set forth in
13		Section 10 of the Methamphetamine Control and Community
14		Protection Act with the intent to manufacture a substance
15		containing methamphetamine or salt of an optical isomer of
16		methamphetamine, an amount not less than the full street
17		value of the methamphetamine or salt of an optical isomer
18		of methamphetamine or methamphetamine manufacturing
19		materials seized for each conviction to be disbursed as
20		follows:
21		(A) 12.5% of the street value assessment shall be
22		paid into the Youth Drug Abuse Prevention Fund, to be
23		used by the Department of Human Services for the
24		funding of programs and services for drug-abuse
25		treatment, and prevention and education services;
26		(B) 37.5% to the county in which the charge was

HB5490 Engrossed - 23 - LRB102 25922 RLC 35294 b
1		prosecuted, to be deposited into the county General
2		Fund;
3		(C) 50% to the treasurer of the arresting law
4		enforcement agency of the municipality or county, or
5		to the State Treasurer if the arresting agency was a
6		state agency, to be deposited as provided in
7		subsection (c) of Section 10-5;
8		(D) if the arrest was made in combination with
9		multiple law enforcement agencies, the clerk shall
10		equitably allocate the portion in subparagraph (C) of
11		this paragraph (6) among the law enforcement agencies
12		involved in the arrest;
13		(8) order of protection violation under Section 12-3.4
14		of the Criminal Code of 2012, $200 for each conviction to
15		the county treasurer for deposit into the Probation and
16		Court Services Fund for implementation of a domestic
17		violence surveillance program and any other assessments or
18		fees imposed under Section 5-9-1.16 of the Unified Code of
19		Corrections;
20		(9) order of protection violation, $25 for each
21		violation to the State Treasurer, for deposit into the
22		Domestic Violence Abuser Services Fund;
23		(10) prosecution by the State's Attorney of a:
24		(A) petty or business offense, $4 to the county
25		treasurer of which $2 deposited into the State's
26		Attorney Records Automation Fund and $2 into the

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

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

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

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

HB5490 Engrossed - 28 - LRB102 25922 RLC 35294 b
1		is the Illinois Commerce Commission, into the
2		Transportation Regulatory Fund; or
3		(v) if more than one of the State agencies in
4		this subparagraph (B) is the arresting or
5		investigating agency, then equal shares with the
6		shares deposited as provided in the applicable
7		items (i) through (iv) of this subparagraph (B);
8		and
9		(C) the remainder for deposit into the Specialized
10		Services for Survivors of Human Trafficking Fund;
11		(18) weapons violation under Section 24-1.1, 24-1.2,
12		or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
13		of 2012, $100 for each conviction to the State Treasurer
14		for deposit into the Trauma Center Fund; and
15		(19) violation of subsection (c) of Section 11-907 of
16		the Illinois Vehicle Code, $250 to the State Treasurer for
17		deposit into the Scott's Law Fund, unless a county or
18		municipal police officer wrote the ticket for the
19		violation, in which case to the county treasurer for
20		deposit into that county's or municipality's
21		Transportation Safety Highway Hire-back Fund to be used as
22		provided in subsection (j) of Section 11-907 of the
23		Illinois Vehicle Code.
24		(Source: P.A. 101-173, eff. 1-1-20; 101-636, eff. 6-10-20;
25		102-145, eff. 7-23-21; 102-505, eff. 8-20-21; 102-538, eff.
26		8-20-21; revised 10-13-21.)

HB5490 Engrossed - 29 - LRB102 25922 RLC 35294 b
1		Section 45. The Juvenile Court Act of 1987 is amended by
2		changing Section 3-40 as follows:
3		(705 ILCS 405/3-40)
4		Sec. 3-40. Minors involved in electronic dissemination of
5		indecent visual depictions in need of supervision.
6		(a) For the purposes of this Section:
7		"Computer" has the meaning ascribed to it in Section
8		17-0.5 of the Criminal Code of 2012.
9		"Electronic communication device" means an electronic
10		device, including but not limited to a wireless telephone,
11		personal digital assistant, or a portable or mobile computer,
12		that is capable of transmitting images or pictures.
13		"Indecent visual depiction" means a depiction or portrayal
14		in any pose, posture, or setting involving a lewd exhibition
15		of the unclothed or transparently clothed genitals, pubic
16		area, buttocks, or, if such person is female, a fully or
17		partially developed breast of the person.
18		"Minor" means a person under 18 years of age.
19		(b) A minor shall not distribute or disseminate an
20		indecent visual depiction of another minor through the use of
21		a computer or electronic communication device.
22		(c) Adjudication. A minor who violates subsection (b) of
23		this Section may be subject to a petition for adjudication and
24		adjudged a minor in need of supervision.

HB5490 Engrossed - 30 - LRB102 25922 RLC 35294 b
1		(d) Kinds of dispositional orders. A minor found to be in
2		need of supervision under this Section may be:
3		(1) ordered to obtain counseling or other supportive
4		services to address the acts that led to the need for
5		supervision; or
6		(2) ordered to perform community service.
7		(e) Nothing in this Section shall be construed to prohibit
8		a prosecution for disorderly conduct, public indecency, child
9		sexual abuse material pornography, a violation of Article 26.5
10		(Harassing and Obscene Communications) of the Criminal Code of
11		2012, or any other applicable provision of law.
12		(Source: P.A. 99-78, eff. 7-20-15.)
13		Section 50. The Criminal Code of 2012 is amended by
14		changing Sections 3-5, 3-6, 11-0.1, 11-9.1, 11-9.3, 11-20.1,
15		11-20.2, 11-23, 11-25, 14-3, 26-4, and 36-1 as follows:
16		(720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
17		Sec. 3-5. General limitations.
18		(a) A prosecution for: (1) first degree murder, attempt to
19		commit first degree murder, second degree murder, involuntary
20		manslaughter, reckless homicide, a violation of subparagraph
21		(F) of paragraph (1) of subsection (d) of Section 11-501 of the
22		Illinois Vehicle Code for the offense of aggravated driving
23		under the influence of alcohol, other drug or drugs, or
24		intoxicating compound or compounds, or any combination thereof

HB5490 Engrossed - 31 - LRB102 25922 RLC 35294 b
1		when the violation was a proximate cause of a death, leaving
2		the scene of a motor vehicle accident involving death or
3		personal injuries under Section 11-401 of the Illinois Vehicle
4		Code, failing to give information and render aid under Section
5		11-403 of the Illinois Vehicle Code, concealment of homicidal
6		death, treason, arson, residential arson, aggravated arson,
7		forgery, child sexual abuse material pornography under
8		paragraph (1) of subsection (a) of Section 11-20.1, or
9		aggravated child sexual abuse material pornography under
10		paragraph (1) of subsection (a) of Section 11-20.1B, or (2)
11		any offense involving sexual conduct or sexual penetration, as
12		defined by Section 11-0.1 of this Code may be commenced at any
13		time.
14		(a-5) A prosecution for theft of property exceeding
15		$100,000 in value under Section 16-1, identity theft under
16		subsection (a) of Section 16-30, aggravated identity theft
17		under subsection (b) of Section 16-30, financial exploitation
18		of an elderly person or a person with a disability under
19		Section 17-56; theft by deception of a victim 60 years of age
20		or older or a person with a disability under Section 16-1; or
21		any offense set forth in Article 16H or Section 17-10.6 may be
22		commenced within 7 years of the last act committed in
23		furtherance of the crime.
24		(b) Unless the statute describing the offense provides
25		otherwise, or the period of limitation is extended by Section
26		3-6, a prosecution for any offense not designated in

HB5490 Engrossed - 32 - LRB102 25922 RLC 35294 b
1		subsection (a) or (a-5) must be commenced within 3 years after
2		the commission of the offense if it is a felony, or within one
3		year and 6 months after its commission if it is a misdemeanor.
4		(Source: P.A. 101-130, eff. 1-1-20; 102-244, eff. 1-1-22.)
5		(720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
6		Sec. 3-6. Extended limitations. The period within which a
7		prosecution must be commenced under the provisions of Section
8		3-5 or other applicable statute is extended under the
9		following conditions:
10		(a) A prosecution for theft involving a breach of a
11		fiduciary obligation to the aggrieved person may be commenced
12		as follows:
13		(1) If the aggrieved person is a minor or a person
14		under legal disability, then during the minority or legal
15		disability or within one year after the termination
16		thereof.
17		(2) In any other instance, within one year after the
18		discovery of the offense by an aggrieved person, or by a
19		person who has legal capacity to represent an aggrieved
20		person or has a legal duty to report the offense, and is
21		not himself or herself a party to the offense; or in the
22		absence of such discovery, within one year after the
23		proper prosecuting officer becomes aware of the offense.
24		However, in no such case is the period of limitation so
25		extended more than 3 years beyond the expiration of the

HB5490 Engrossed - 33 - LRB102 25922 RLC 35294 b
1		period otherwise applicable.
2		(b) A prosecution for any offense based upon misconduct in
3		office by a public officer or employee may be commenced within
4		one year after discovery of the offense by a person having a
5		legal duty to report such offense, or in the absence of such
6		discovery, within one year after the proper prosecuting
7		officer becomes aware of the offense. However, in no such case
8		is the period of limitation so extended more than 3 years
9		beyond the expiration of the period otherwise applicable.
10		(b-5) When the victim is under 18 years of age at the time
11		of the offense, a prosecution for involuntary servitude,
12		involuntary sexual servitude of a minor, or trafficking in
13		persons and related offenses under Section 10-9 of this Code
14		may be commenced within 25 years of the victim attaining the
15		age of 18 years.
16		(b-6) When the victim is 18 years of age or over at the
17		time of the offense, a prosecution for involuntary servitude,
18		involuntary sexual servitude of a minor, or trafficking in
19		persons and related offenses under Section 10-9 of this Code
20		may be commenced within 25 years after the commission of the
21		offense.
22		(b-7) When the victim is under 18 years of age at the time
23		of the offense, a prosecution for female genital mutilation
24		may be commenced at any time.
25		(b-8) When the victim is under 17 years of age at the time
26		of the offense or is a person with a disability, a prosecution

HB5490 Engrossed - 34 - LRB102 25922 RLC 35294 b
1		for grooming may be commenced within 10 years after the victim
2		or the person with a disability attains 17 years of age.
3		(c) (Blank).
4		(d) A prosecution for child sexual abuse material
5		pornography, aggravated child sexual abuse material
6		pornography, indecent solicitation of a child, soliciting for
7		a juvenile prostitute, juvenile pimping, exploitation of a
8		child, or promoting juvenile prostitution except for keeping a
9		place of juvenile prostitution may be commenced within one
10		year of the victim attaining the age of 18 years. However, in
11		no such case shall the time period for prosecution expire
12		sooner than 3 years after the commission of the offense.
13		(e) Except as otherwise provided in subdivision (j), a
14		prosecution for any offense involving sexual conduct or sexual
15		penetration, as defined in Section 11-0.1 of this Code, where
16		the defendant was within a professional or fiduciary
17		relationship or a purported professional or fiduciary
18		relationship with the victim at the time of the commission of
19		the offense may be commenced within one year after the
20		discovery of the offense by the victim.
21		(f) A prosecution for any offense set forth in Section 44
22		of the Environmental Protection Act may be commenced within 5
23		years after the discovery of such an offense by a person or
24		agency having the legal duty to report the offense or in the
25		absence of such discovery, within 5 years after the proper
26		prosecuting officer becomes aware of the offense.

HB5490 Engrossed - 35 - LRB102 25922 RLC 35294 b
1		(f-5) A prosecution for any offense set forth in Section
2		16-30 of this Code may be commenced within 5 years after the
3		discovery of the offense by the victim of that offense.
4		(g) (Blank).
5		(h) (Blank).
6		(i) Except as otherwise provided in subdivision (j), a
7		prosecution for criminal sexual assault, aggravated criminal
8		sexual assault, or aggravated criminal sexual abuse may be
9		commenced at any time. If the victim consented to the
10		collection of evidence using an Illinois State Police Sexual
11		Assault Evidence Collection Kit under the Sexual Assault
12		Survivors Emergency Treatment Act, it shall constitute
13		reporting for purposes of this Section.
14		Nothing in this subdivision (i) shall be construed to
15		shorten a period within which a prosecution must be commenced
16		under any other provision of this Section.
17		(i-5) A prosecution for armed robbery, home invasion,
18		kidnapping, or aggravated kidnapping kidnaping may be
19		commenced within 10 years of the commission of the offense if
20		it arises out of the same course of conduct and meets the
21		criteria under one of the offenses in subsection (i) of this
22		Section.
23		(j) (1) When the victim is under 18 years of age at the
24		time of the offense, a prosecution for criminal sexual
25		assault, aggravated criminal sexual assault, predatory
26		criminal sexual assault of a child, aggravated criminal sexual

HB5490 Engrossed - 36 - LRB102 25922 RLC 35294 b
1		abuse, felony criminal sexual abuse, or female genital
2		mutilation may be commenced at any time.
3		(2) When in circumstances other than as described in
4		paragraph (1) of this subsection (j), when the victim is under
5		18 years of age at the time of the offense, a prosecution for
6		failure of a person who is required to report an alleged or
7		suspected commission of criminal sexual assault, aggravated
8		criminal sexual assault, predatory criminal sexual assault of
9		a child, aggravated criminal sexual abuse, or felony criminal
10		sexual abuse under the Abused and Neglected Child Reporting
11		Act may be commenced within 20 years after the child victim
12		attains 18 years of age.
13		(3) When the victim is under 18 years of age at the time of
14		the offense, a prosecution for misdemeanor criminal sexual
15		abuse may be commenced within 10 years after the child victim
16		attains 18 years of age.
17		(4) Nothing in this subdivision (j) shall be construed to
18		shorten a period within which a prosecution must be commenced
19		under any other provision of this Section.
20		(j-5) A prosecution for armed robbery, home invasion,
21		kidnapping, or aggravated kidnapping kidnaping may be
22		commenced at any time if it arises out of the same course of
23		conduct and meets the criteria under one of the offenses in
24		subsection (j) of this Section.
25		(k) (Blank).
26		(l) A prosecution for any offense set forth in Section

HB5490 Engrossed - 37 - LRB102 25922 RLC 35294 b
1		26-4 of this Code may be commenced within one year after the
2		discovery of the offense by the victim of that offense.
3		(l-5) A prosecution for any offense involving sexual
4		conduct or sexual penetration, as defined in Section 11-0.1 of
5		this Code, in which the victim was 18 years of age or older at
6		the time of the offense, may be commenced within one year after
7		the discovery of the offense by the victim when corroborating
8		physical evidence is available. The charging document shall
9		state that the statute of limitations is extended under this
10		subsection (l-5) and shall state the circumstances justifying
11		the extension. Nothing in this subsection (l-5) shall be
12		construed to shorten a period within which a prosecution must
13		be commenced under any other provision of this Section or
14		Section 3-5 of this Code.
15		(m) The prosecution shall not be required to prove at
16		trial facts which extend the general limitations in Section
17		3-5 of this Code when the facts supporting extension of the
18		period of general limitations are properly pled in the
19		charging document. Any challenge relating to the extension of
20		the general limitations period as defined in this Section
21		shall be exclusively conducted under Section 114-1 of the Code
22		of Criminal Procedure of 1963.
23		(n) A prosecution for any offense set forth in subsection
24		(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the
25		Illinois Public Aid Code, in which the total amount of money
26		involved is $5,000 or more, including the monetary value of

HB5490 Engrossed - 38 - LRB102 25922 RLC 35294 b
1		food stamps and the value of commodities under Section 16-1 of
2		this Code may be commenced within 5 years of the last act
3		committed in furtherance of the offense.
4		(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
5		101-130, eff. 1-1-20; 101-285, eff. 1-1-20; 102-558, eff.
6		8-20-21.)
7		(720 ILCS 5/11-0.1)
8		Sec. 11-0.1. Definitions. In this Article, unless the
9		context clearly requires otherwise, the following terms are
10		defined as indicated:
11		"Accused" means a person accused of an offense prohibited
12		by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of
13		this Code or a person for whose conduct the accused is legally
14		responsible under Article 5 of this Code.
15		"Adult obscenity or child sexual abuse material
16		pornography Internet site". See Section 11-23.
17		"Advance prostitution" means:
18		(1) Soliciting for a prostitute by performing any of
19		the following acts when acting other than as a prostitute
20		or a patron of a prostitute:
21		(A) Soliciting another for the purpose of
22		prostitution.
23		(B) Arranging or offering to arrange a meeting of
24		persons for the purpose of prostitution.
25		(C) Directing another to a place knowing the

HB5490 Engrossed - 39 - LRB102 25922 RLC 35294 b
1		direction is for the purpose of prostitution.
2		(2) Keeping a place of prostitution by controlling or
3		exercising control over the use of any place that could
4		offer seclusion or shelter for the practice of
5		prostitution and performing any of the following acts when
6		acting other than as a prostitute or a patron of a
7		prostitute:
8		(A) Knowingly granting or permitting the use of
9		the place for the purpose of prostitution.
10		(B) Granting or permitting the use of the place
11		under circumstances from which he or she could
12		reasonably know that the place is used or is to be used
13		for purposes of prostitution.
14		(C) Permitting the continued use of the place
15		after becoming aware of facts or circumstances from
16		which he or she should reasonably know that the place
17		is being used for purposes of prostitution.
18		"Agency". See Section 11-9.5.
19		"Arranges". See Section 11-6.5.
20		"Bodily harm" means physical harm, and includes, but is
21		not limited to, sexually transmitted disease, pregnancy, and
22		impotence.
23		"Care and custody". See Section 11-9.5.
24		"Child care institution". See Section 11-9.3.
25		"Child sexual abuse material pornography". See Section
26		11-20.1.

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1		"Child sex offender". See Section 11-9.3.
2		"Community agency". See Section 11-9.5.
3		"Conditional release". See Section 11-9.2.
4		"Consent" means a freely given agreement to the act of
5		sexual penetration or sexual conduct in question. Lack of
6		verbal or physical resistance or submission by the victim
7		resulting from the use of force or threat of force by the
8		accused shall not constitute consent. The manner of dress of
9		the victim at the time of the offense shall not constitute
10		consent.
11		"Custody". See Section 11-9.2.
12		"Day care center". See Section 11-9.3.
13		"Depict by computer". See Section 11-20.1.
14		"Depiction by computer". See Section 11-20.1.
15		"Disseminate". See Section 11-20.1.
16		"Distribute". See Section 11-21.
17		"Family member" means a parent, grandparent, child,
18		sibling, aunt, uncle, great-aunt, or great-uncle, whether by
19		whole blood, half-blood, or adoption, and includes a
20		step-grandparent, step-parent, or step-child. "Family member"
21		also means, if the victim is a child under 18 years of age, an
22		accused who has resided in the household with the child
23		continuously for at least 3 6 months.
24		"Force or threat of force" means the use of force or
25		violence or the threat of force or violence, including, but
26		not limited to, the following situations:

HB5490 Engrossed - 41 - LRB102 25922 RLC 35294 b
1		(1) when the accused threatens to use force or
2		violence on the victim or on any other person, and the
3		victim under the circumstances reasonably believes that
4		the accused has the ability to execute that threat; or
5		(2) when the accused overcomes the victim by use of
6		superior strength or size, physical restraint, or physical
7		confinement.
8		"Harmful to minors". See Section 11-21.
9		"Loiter". See Section 9.3.
10		"Material". See Section 11-21.
11		"Minor". See Section 11-21.
12		"Nudity". See Section 11-21.
13		"Obscene". See Section 11-20.
14		"Part day child care facility". See Section 11-9.3.
15		"Penal system". See Section 11-9.2.
16		"Person responsible for the child's welfare". See Section
17		11-9.1A.
18		"Person with a disability". See Section 11-9.5.
19		"Playground". See Section 11-9.3.
20		"Probation officer". See Section 11-9.2.
21		"Produce". See Section 11-20.1.
22		"Profit from prostitution" means, when acting other than
23		as a prostitute, to receive anything of value for personally
24		rendered prostitution services or to receive anything of value
25		from a prostitute, if the thing received is not for lawful
26		consideration and the person knows it was earned in whole or in

HB5490 Engrossed - 42 - LRB102 25922 RLC 35294 b
1		part from the practice of prostitution.
2		"Public park". See Section 11-9.3.
3		"Public place". See Section 11-30.
4		"Reproduce". See Section 11-20.1.
5		"Sado-masochistic abuse". See Section 11-21.
6		"School". See Section 11-9.3.
7		"School official". See Section 11-9.3.
8		"Sexual abuse". See Section 11-9.1A.
9		"Sexual act". See Section 11-9.1.
10		"Sexual conduct" means any knowing touching or fondling by
11		the victim or the accused, either directly or through
12		clothing, of the sex organs, anus, or breast of the victim or
13		the accused, or any part of the body of a child under 13 years
14		of age, or any transfer or transmission of semen by the accused
15		upon any part of the clothed or unclothed body of the victim,
16		for the purpose of sexual gratification or arousal of the
17		victim or the accused.
18		"Sexual excitement". See Section 11-21.
19		"Sexual penetration" means any contact, however slight,
20		between the sex organ or anus of one person and an object or
21		the sex organ, mouth, or anus of another person, or any
22		intrusion, however slight, of any part of the body of one
23		person or of any animal or object into the sex organ or anus of
24		another person, including, but not limited to, cunnilingus,
25		fellatio, or anal penetration. Evidence of emission of semen
26		is not required to prove sexual penetration.

HB5490 Engrossed - 43 - LRB102 25922 RLC 35294 b
1		"Solicit". See Section 11-6.
2		"State-operated facility". See Section 11-9.5.
3		"Supervising officer". See Section 11-9.2.
4		"Surveillance agent". See Section 11-9.2.
5		"Treatment and detention facility". See Section 11-9.2.
6		"Unable to give knowing consent" includes when the accused
7		administers any intoxicating or anesthetic substance, or any
8		controlled substance causing the victim to become unconscious
9		of the nature of the act and this condition was known, or
10		reasonably should have been known by the accused. As used in
11		this paragraph, "unconscious of the nature of the act" means
12		incapable of resisting because the victim meets any one of the
13		following conditions:
14		(1) was unconscious or asleep;
15		(2) was not aware, knowing, perceiving, or cognizant
16		that the act occurred;
17		(3) was not aware, knowing, perceiving, or cognizant
18		of the essential characteristics of the act due to the
19		perpetrator's fraud in fact; or
20		(4) was not aware, knowing, perceiving, or cognizant
21		of the essential characteristics of the act due to the
22		perpetrator's fraudulent representation that the sexual
23		penetration served a professional purpose when it served
24		no professional purpose; or
25		(5) was asleep, unconscious, or surprised such that
26		the victim could not give voluntary, intelligent, and

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1		knowing agreement to the sexual act.
2		It is inferred that a victim is unable to give knowing
3		consent A victim is presumed "unable to give knowing consent"
4		when the victim:
5		(1) is committed to the care and custody or
6		supervision of the Illinois Department of Corrections
7		(IDOC) and the accused is an employee or volunteer who is
8		not married to the victim who knows or reasonably should
9		know that the victim is committed to the care and custody
10		or supervision of such department;
11		(2) is committed to or placed with the Department of
12		Children and Family Services (DCFS) and in residential
13		care, and the accused employee is not married to the
14		victim, and knows or reasonably should know that the
15		victim is committed to or placed with DCFS and in
16		residential care;
17		(3) is a client or patient and the accused is a health
18		care provider or mental health care provider and the
19		sexual conduct or sexual penetration occurs during a
20		treatment session, consultation, interview, or
21		examination;
22		(4) is a resident or inpatient of a residential
23		facility and the accused is an employee of the facility
24		who is not married to such resident or inpatient who
25		provides direct care services, case management services,
26		medical or other clinical services, habilitative services

HB5490 Engrossed - 45 - LRB102 25922 RLC 35294 b
1		or direct supervision of the residents in the facility in
2		which the resident resides; or an officer or other
3		employee, consultant, contractor or volunteer of the
4		residential facility, who knows or reasonably should know
5		that the person is a resident of such facility; or
6		(5) is detained or otherwise in the custody of a
7		police officer, peace officer, or other law enforcement
8		official who: (i) is detaining or maintaining custody of
9		such person; or (ii) knows, or reasonably should know,
10		that at the time of the offense, such person was detained
11		or in custody and the police officer, peace officer, or
12		other law enforcement official is not married to such
13		detainee.
14		"Victim" means a person alleging to have been subjected to
15		an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40,
16		11-1.50, or 11-1.60 of this Code.
17		(Source: P.A. 102-567, eff. 1-1-22.)
18		(720 ILCS 5/11-9.1) (from Ch. 38, par. 11-9.1)
19		Sec. 11-9.1. Sexual exploitation of a child.
20		(a) A person commits sexual exploitation of a child if in
21		the presence or virtual presence, or both, of a child and with
22		knowledge that a child or one whom he or she believes to be a
23		child would view his or her acts, that person:
24		(1) engages in a sexual act; or
25		(2) exposes his or her sex organs, anus or breast for

HB5490 Engrossed - 46 - LRB102 25922 RLC 35294 b
1		the purpose of sexual arousal or gratification of such
2		person or the child or one whom he or she believes to be a
3		child; or
4		(3) knowingly entices, coerces, or persuades a child
5		to participate in the production of the recording or
6		memorializing a sexual act of persons ages 18 or older.
7		(a-5) A person commits sexual exploitation of a child who
8		knowingly entices, coerces, or persuades a child to remove the
9		child's clothing for the purpose of sexual arousal or
10		gratification of the person or the child, or both.
11		(b) Definitions. As used in this Section:
12		"Sexual act" means masturbation, sexual conduct or sexual
13		penetration as defined in Section 11-0.1 of this Code.
14		"Sex offense" means any violation of Article 11 of this
15		Code.
16		"Child" means a person under 17 years of age.
17		"Virtual presence" means an environment that is created
18		with software and presented to the user and or receiver via the
19		Internet, in such a way that the user appears in front of the
20		receiver on the computer monitor or screen or hand-held
21		portable electronic device, usually through a web camming
22		program. "Virtual presence" includes primarily experiencing
23		through sight or sound, or both, a video image that can be
24		explored interactively at a personal computer or hand-held
25		communication device, or both.
26		"Webcam" means a video capturing device connected to a

HB5490 Engrossed - 47 - LRB102 25922 RLC 35294 b
1		computer or computer network that is designed to take digital
2		photographs or live or recorded video which allows for the
3		live transmission to an end user over the Internet.
4		(c) Sentence.
5		(1) Sexual exploitation of a child is a Class A
6		misdemeanor. A second or subsequent violation of this
7		Section or a substantially similar law of another state is
8		a Class 4 felony.
9		(2) Sexual exploitation of a child is a Class 4 felony
10		if the person has been previously convicted of a sex
11		offense.
12		(3) Sexual exploitation of a child is a Class 4 felony
13		if the victim was under 13 years of age at the time of the
14		commission of the offense.
15		(4) Sexual exploitation of a child is a Class 4 felony
16		if committed by a person 18 years of age or older who is on
17		or within 500 feet of elementary or secondary school
18		grounds when children are present on the grounds.
19		(5) A violation of paragraph (3) of subsection (a) is
20		a Class 4 felony for a first offense; and a Class 3 felony
21		for a second or subsequent offense, or if the person has
22		been previously convicted of a sex offense.
23		(Source: P.A. 102-168, eff. 7-27-21.)
24		(720 ILCS 5/11-9.3)
25		Sec. 11-9.3. Presence within school zone by child sex

HB5490 Engrossed - 48 - LRB102 25922 RLC 35294 b
1		offenders prohibited; approaching, contacting, residing with,
2		or communicating with a child within certain places by child
3		sex offenders prohibited.
4		(a) It is unlawful for a child sex offender to knowingly be
5		present in any school building, on real property comprising
6		any school, or in any conveyance owned, leased, or contracted
7		by a school to transport students to or from school or a school
8		related activity when persons under the age of 18 are present
9		in the building, on the grounds or in the conveyance, unless
10		the offender is a parent or guardian of a student attending the
11		school and the parent or guardian is: (i) attending a
12		conference at the school with school personnel to discuss the
13		progress of his or her child academically or socially, (ii)
14		participating in child review conferences in which evaluation
15		and placement decisions may be made with respect to his or her
16		child regarding special education services, or (iii) attending
17		conferences to discuss other student issues concerning his or
18		her child such as retention and promotion and notifies the
19		principal of the school of his or her presence at the school or
20		unless the offender has permission to be present from the
21		superintendent or the school board or in the case of a private
22		school from the principal. In the case of a public school, if
23		permission is granted, the superintendent or school board
24		president must inform the principal of the school where the
25		sex offender will be present. Notification includes the nature
26		of the sex offender's visit and the hours in which the sex

HB5490 Engrossed - 49 - LRB102 25922 RLC 35294 b
1		offender will be present in the school. The sex offender is
2		responsible for notifying the principal's office when he or
3		she arrives on school property and when he or she departs from
4		school property. If the sex offender is to be present in the
5		vicinity of children, the sex offender has the duty to remain
6		under the direct supervision of a school official.
7		(a-5) It is unlawful for a child sex offender to knowingly
8		be present within 100 feet of a site posted as a pick-up or
9		discharge stop for a conveyance owned, leased, or contracted
10		by a school to transport students to or from school or a school
11		related activity when one or more persons under the age of 18
12		are present at the site.
13		(a-10) It is unlawful for a child sex offender to
14		knowingly be present in any public park building, a playground
15		or recreation area within any publicly accessible privately
16		owned building, or on real property comprising any public park
17		when persons under the age of 18 are present in the building or
18		on the grounds and to approach, contact, or communicate with a
19		child under 18 years of age, unless the offender is a parent or
20		guardian of a person under 18 years of age present in the
21		building or on the grounds.
22		(b) It is unlawful for a child sex offender to knowingly
23		loiter within 500 feet of a school building or real property
24		comprising any school while persons under the age of 18 are
25		present in the building or on the grounds, unless the offender
26		is a parent or guardian of a student attending the school and

HB5490 Engrossed - 50 - LRB102 25922 RLC 35294 b
1		the parent or guardian is: (i) attending a conference at the
2		school with school personnel to discuss the progress of his or
3		her child academically or socially, (ii) participating in
4		child review conferences in which evaluation and placement
5		decisions may be made with respect to his or her child
6		regarding special education services, or (iii) attending
7		conferences to discuss other student issues concerning his or
8		her child such as retention and promotion and notifies the
9		principal of the school of his or her presence at the school or
10		has permission to be present from the superintendent or the
11		school board or in the case of a private school from the
12		principal. In the case of a public school, if permission is
13		granted, the superintendent or school board president must
14		inform the principal of the school where the sex offender will
15		be present. Notification includes the nature of the sex
16		offender's visit and the hours in which the sex offender will
17		be present in the school. The sex offender is responsible for
18		notifying the principal's office when he or she arrives on
19		school property and when he or she departs from school
20		property. If the sex offender is to be present in the vicinity
21		of children, the sex offender has the duty to remain under the
22		direct supervision of a school official.
23		(b-2) It is unlawful for a child sex offender to knowingly
24		loiter on a public way within 500 feet of a public park
25		building or real property comprising any public park while
26		persons under the age of 18 are present in the building or on

HB5490 Engrossed - 51 - LRB102 25922 RLC 35294 b
1		the grounds and to approach, contact, or communicate with a
2		child under 18 years of age, unless the offender is a parent or
3		guardian of a person under 18 years of age present in the
4		building or on the grounds.
5		(b-5) It is unlawful for a child sex offender to knowingly
6		reside within 500 feet of a school building or the real
7		property comprising any school that persons under the age of
8		18 attend. Nothing in this subsection (b-5) prohibits a child
9		sex offender from residing within 500 feet of a school
10		building or the real property comprising any school that
11		persons under 18 attend if the property is owned by the child
12		sex offender and was purchased before July 7, 2000 (the
13		effective date of Public Act 91-911).
14		(b-10) It is unlawful for a child sex offender to
15		knowingly reside within 500 feet of a playground, child care
16		institution, day care center, part day child care facility,
17		day care home, group day care home, or a facility providing
18		programs or services exclusively directed toward persons under
19		18 years of age. Nothing in this subsection (b-10) prohibits a
20		child sex offender from residing within 500 feet of a
21		playground or a facility providing programs or services
22		exclusively directed toward persons under 18 years of age if
23		the property is owned by the child sex offender and was
24		purchased before July 7, 2000. Nothing in this subsection
25		(b-10) prohibits a child sex offender from residing within 500
26		feet of a child care institution, day care center, or part day

HB5490 Engrossed - 52 - LRB102 25922 RLC 35294 b
1		child care facility if the property is owned by the child sex
2		offender and was purchased before June 26, 2006. Nothing in
3		this subsection (b-10) prohibits a child sex offender from
4		residing within 500 feet of a day care home or group day care
5		home if the property is owned by the child sex offender and was
6		purchased before August 14, 2008 (the effective date of Public
7		Act 95-821).
8		(b-15) It is unlawful for a child sex offender to
9		knowingly reside within 500 feet of the victim of the sex
10		offense. Nothing in this subsection (b-15) prohibits a child
11		sex offender from residing within 500 feet of the victim if the
12		property in which the child sex offender resides is owned by
13		the child sex offender and was purchased before August 22,
14		2002.
15		This subsection (b-15) does not apply if the victim of the
16		sex offense is 21 years of age or older.
17		(b-20) It is unlawful for a child sex offender to
18		knowingly communicate, other than for a lawful purpose under
19		Illinois law, using the Internet or any other digital media,
20		with a person under 18 years of age or with a person whom he or
21		she believes to be a person under 18 years of age, unless the
22		offender is a parent or guardian of the person under 18 years
23		of age.
24		(c) It is unlawful for a child sex offender to knowingly
25		operate, manage, be employed by, volunteer at, be associated
26		with, or knowingly be present at any: (i) facility providing

HB5490 Engrossed - 53 - LRB102 25922 RLC 35294 b
1		programs or services exclusively directed toward persons under
2		the age of 18; (ii) day care center; (iii) part day child care
3		facility; (iv) child care institution; (v) school providing
4		before and after school programs for children under 18 years
5		of age; (vi) day care home; or (vii) group day care home. This
6		does not prohibit a child sex offender from owning the real
7		property upon which the programs or services are offered or
8		upon which the day care center, part day child care facility,
9		child care institution, or school providing before and after
10		school programs for children under 18 years of age is located,
11		provided the child sex offender refrains from being present on
12		the premises for the hours during which: (1) the programs or
13		services are being offered or (2) the day care center, part day
14		child care facility, child care institution, or school
15		providing before and after school programs for children under
16		18 years of age, day care home, or group day care home is
17		operated.
18		(c-2) It is unlawful for a child sex offender to
19		participate in a holiday event involving children under 18
20		years of age, including but not limited to distributing candy
21		or other items to children on Halloween, wearing a Santa Claus
22		costume on or preceding Christmas, being employed as a
23		department store Santa Claus, or wearing an Easter Bunny
24		costume on or preceding Easter. For the purposes of this
25		subsection, child sex offender has the meaning as defined in
26		this Section, but does not include as a sex offense under

HB5490 Engrossed - 54 - LRB102 25922 RLC 35294 b
1		paragraph (2) of subsection (d) of this Section, the offense
2		under subsection (c) of Section 11-1.50 of this Code. This
3		subsection does not apply to a child sex offender who is a
4		parent or guardian of children under 18 years of age that are
5		present in the home and other non-familial minors are not
6		present.
7		(c-5) It is unlawful for a child sex offender to knowingly
8		operate, manage, be employed by, or be associated with any
9		county fair when persons under the age of 18 are present.
10		(c-6) It is unlawful for a child sex offender who owns and
11		resides at residential real estate to knowingly rent any
12		residential unit within the same building in which he or she
13		resides to a person who is the parent or guardian of a child or
14		children under 18 years of age. This subsection shall apply
15		only to leases or other rental arrangements entered into after
16		January 1, 2009 (the effective date of Public Act 95-820).
17		(c-7) It is unlawful for a child sex offender to knowingly
18		offer or provide any programs or services to persons under 18
19		years of age in his or her residence or the residence of
20		another or in any facility for the purpose of offering or
21		providing such programs or services, whether such programs or
22		services are offered or provided by contract, agreement,
23		arrangement, or on a volunteer basis.
24		(c-8) It is unlawful for a child sex offender to knowingly
25		operate, whether authorized to do so or not, any of the
26		following vehicles: (1) a vehicle which is specifically

HB5490 Engrossed - 55 - LRB102 25922 RLC 35294 b
1		designed, constructed or modified and equipped to be used for
2		the retail sale of food or beverages, including but not
3		limited to an ice cream truck; (2) an authorized emergency
4		vehicle; or (3) a rescue vehicle.
5		(d) Definitions. In this Section:
6		(1) "Child sex offender" means any person who:
7		(i) has been charged under Illinois law, or any
8		substantially similar federal law or law of another
9		state, with a sex offense set forth in paragraph (2) of
10		this subsection (d) or the attempt to commit an
11		included sex offense, and the victim is a person under
12		18 years of age at the time of the offense; and:
13		(A) is convicted of such offense or an attempt
14		to commit such offense; or
15		(B) is found not guilty by reason of insanity
16		of such offense or an attempt to commit such
17		offense; or
18		(C) is found not guilty by reason of insanity
19		pursuant to subsection (c) of Section 104-25 of
20		the Code of Criminal Procedure of 1963 of such
21		offense or an attempt to commit such offense; or
22		(D) is the subject of a finding not resulting
23		in an acquittal at a hearing conducted pursuant to
24		subsection (a) of Section 104-25 of the Code of
25		Criminal Procedure of 1963 for the alleged
26		commission or attempted commission of such

HB5490 Engrossed - 56 - LRB102 25922 RLC 35294 b
1		offense; or
2		(E) is found not guilty by reason of insanity
3		following a hearing conducted pursuant to a
4		federal law or the law of another state
5		substantially similar to subsection (c) of Section
6		104-25 of the Code of Criminal Procedure of 1963
7		of such offense or of the attempted commission of
8		such offense; or
9		(F) is the subject of a finding not resulting
10		in an acquittal at a hearing conducted pursuant to
11		a federal law or the law of another state
12		substantially similar to subsection (a) of Section
13		104-25 of the Code of Criminal Procedure of 1963
14		for the alleged violation or attempted commission
15		of such offense; or
16		(ii) is certified as a sexually dangerous person
17		pursuant to the Illinois Sexually Dangerous Persons
18		Act, or any substantially similar federal law or the
19		law of another state, when any conduct giving rise to
20		such certification is committed or attempted against a
21		person less than 18 years of age; or
22		(iii) is subject to the provisions of Section 2 of
23		the Interstate Agreements on Sexually Dangerous
24		Persons Act.
25		Convictions that result from or are connected with the
26		same act, or result from offenses committed at the same

HB5490 Engrossed - 57 - LRB102 25922 RLC 35294 b
1		time, shall be counted for the purpose of this Section as
2		one conviction. Any conviction set aside pursuant to law
3		is not a conviction for purposes of this Section.
4		(2) Except as otherwise provided in paragraph (2.5),
5		"sex offense" means:
6		(i) A violation of any of the following Sections
7		of the Criminal Code of 1961 or the Criminal Code of
8		2012: 10-4 (forcible detention), 10-7 (aiding or
9		abetting child abduction under Section 10-5(b)(10)),
10		10-5(b)(10) (child luring), 11-1.40 (predatory
11		criminal sexual assault of a child), 11-6 (indecent
12		solicitation of a child), 11-6.5 (indecent
13		solicitation of an adult), 11-9.1 (sexual exploitation
14		of a child), 11-9.2 (custodial sexual misconduct),
15		11-9.5 (sexual misconduct with a person with a
16		disability), 11-11 (sexual relations within families),
17		11-14.3(a)(1) (promoting prostitution by advancing
18		prostitution), 11-14.3(a)(2)(A) (promoting
19		prostitution by profiting from prostitution by
20		compelling a person to be a prostitute),
21		11-14.3(a)(2)(C) (promoting prostitution by profiting
22		from prostitution by means other than as described in
23		subparagraphs (A) and (B) of paragraph (2) of
24		subsection (a) of Section 11-14.3), 11-14.4 (promoting
25		juvenile prostitution), 11-18.1 (patronizing a
26		juvenile prostitute), 11-20.1 (child sexual abuse

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1		material pornography), 11-20.1B (aggravated child
2		sexual abuse material pornography), 11-21 (harmful
3		material), 11-25 (grooming), 11-26 (traveling to meet
4		a minor or traveling to meet a child), 12-33
5		(ritualized abuse of a child), 11-20 (obscenity) (when
6		that offense was committed in any school, on real
7		property comprising any school, in any conveyance
8		owned, leased, or contracted by a school to transport
9		students to or from school or a school related
10		activity, or in a public park), 11-30 (public
11		indecency) (when committed in a school, on real
12		property comprising a school, in any conveyance owned,
13		leased, or contracted by a school to transport
14		students to or from school or a school related
15		activity, or in a public park). An attempt to commit
16		any of these offenses.
17		(ii) A violation of any of the following Sections
18		of the Criminal Code of 1961 or the Criminal Code of
19		2012, when the victim is a person under 18 years of
20		age: 11-1.20 (criminal sexual assault), 11-1.30
21		(aggravated criminal sexual assault), 11-1.50
22		(criminal sexual abuse), 11-1.60 (aggravated criminal
23		sexual abuse). An attempt to commit any of these
24		offenses.
25		(iii) A violation of any of the following Sections
26		of the Criminal Code of 1961 or the Criminal Code of

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1		2012, when the victim is a person under 18 years of age
2		and the defendant is not a parent of the victim:
3		10-1 (kidnapping),
4		10-2 (aggravated kidnapping),
5		10-3 (unlawful restraint),
6		10-3.1 (aggravated unlawful restraint),
7		11-9.1(A) (permitting sexual abuse of a child).
8		An attempt to commit any of these offenses.
9		(iv) A violation of any former law of this State
10		substantially equivalent to any offense listed in
11		clause (2)(i) or (2)(ii) of subsection (d) of this
12		Section.
13		(2.5) For the purposes of subsections (b-5) and (b-10)
14		only, a sex offense means:
15		(i) A violation of any of the following Sections
16		of the Criminal Code of 1961 or the Criminal Code of
17		2012: 10-5(b)(10) (child luring), 10-7 (aiding or
18		abetting child abduction under Section 10-5(b)(10)),
19		11-1.40 (predatory criminal sexual assault of a
20		child), 11-6 (indecent solicitation of a child),
21		11-6.5 (indecent solicitation of an adult), 11-9.2
22		(custodial sexual misconduct), 11-9.5 (sexual
23		misconduct with a person with a disability), 11-11
24		(sexual relations within families), 11-14.3(a)(1)
25		(promoting prostitution by advancing prostitution),
26		11-14.3(a)(2)(A) (promoting prostitution by profiting

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1		from prostitution by compelling a person to be a
2		prostitute), 11-14.3(a)(2)(C) (promoting prostitution
3		by profiting from prostitution by means other than as
4		described in subparagraphs (A) and (B) of paragraph
5		(2) of subsection (a) of Section 11-14.3), 11-14.4
6		(promoting juvenile prostitution), 11-18.1
7		(patronizing a juvenile prostitute), 11-20.1 (child
8		sexual abuse material pornography), 11-20.1B
9		(aggravated child sexual abuse material pornography),
10		11-25 (grooming), 11-26 (traveling to meet a minor or
11		traveling to meet a child), or 12-33 (ritualized abuse
12		of a child). An attempt to commit any of these
13		offenses.
14		(ii) A violation of any of the following Sections
15		of the Criminal Code of 1961 or the Criminal Code of
16		2012, when the victim is a person under 18 years of
17		age: 11-1.20 (criminal sexual assault), 11-1.30
18		(aggravated criminal sexual assault), 11-1.60
19		(aggravated criminal sexual abuse), and subsection (a)
20		of Section 11-1.50 (criminal sexual abuse). An attempt
21		to commit any of these offenses.
22		(iii) A violation of any of the following Sections
23		of the Criminal Code of 1961 or the Criminal Code of
24		2012, when the victim is a person under 18 years of age
25		and the defendant is not a parent of the victim:
26		10-1 (kidnapping),

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1		10-2 (aggravated kidnapping),
2		10-3 (unlawful restraint),
3		10-3.1 (aggravated unlawful restraint),
4		11-9.1(A) (permitting sexual abuse of a child).
5		An attempt to commit any of these offenses.
6		(iv) A violation of any former law of this State
7		substantially equivalent to any offense listed in this
8		paragraph (2.5) of this subsection.
9		(3) A conviction for an offense of federal law or the
10		law of another state that is substantially equivalent to
11		any offense listed in paragraph (2) of subsection (d) of
12		this Section shall constitute a conviction for the purpose
13		of this Section. A finding or adjudication as a sexually
14		dangerous person under any federal law or law of another
15		state that is substantially equivalent to the Sexually
16		Dangerous Persons Act shall constitute an adjudication for
17		the purposes of this Section.
18		(4) "Authorized emergency vehicle", "rescue vehicle",
19		and "vehicle" have the meanings ascribed to them in
20		Sections 1-105, 1-171.8 and 1-217, respectively, of the
21		Illinois Vehicle Code.
22		(5) "Child care institution" has the meaning ascribed
23		to it in Section 2.06 of the Child Care Act of 1969.
24		(6) "Day care center" has the meaning ascribed to it
25		in Section 2.09 of the Child Care Act of 1969.
26		(7) "Day care home" has the meaning ascribed to it in

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1		Section 2.18 of the Child Care Act of 1969.
2		(8) "Facility providing programs or services directed
3		towards persons under the age of 18" means any facility
4		providing programs or services exclusively directed
5		towards persons under the age of 18.
6		(9) "Group day care home" has the meaning ascribed to
7		it in Section 2.20 of the Child Care Act of 1969.
8		(10) "Internet" has the meaning set forth in Section
9		16-0.1 of this Code.
10		(11) "Loiter" means:
11		(i) Standing, sitting idly, whether or not the
12		person is in a vehicle, or remaining in or around
13		school or public park property.
14		(ii) Standing, sitting idly, whether or not the
15		person is in a vehicle, or remaining in or around
16		school or public park property, for the purpose of
17		committing or attempting to commit a sex offense.
18		(iii) Entering or remaining in a building in or
19		around school property, other than the offender's
20		residence.
21		(12) "Part day child care facility" has the meaning
22		ascribed to it in Section 2.10 of the Child Care Act of
23		1969.
24		(13) "Playground" means a piece of land owned or
25		controlled by a unit of local government that is
26		designated by the unit of local government for use solely

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1		or primarily for children's recreation.
2		(14) "Public park" includes a park, forest preserve,
3		bikeway, trail, or conservation area under the
4		jurisdiction of the State or a unit of local government.
5		(15) "School" means a public or private preschool or
6		elementary or secondary school.
7		(16) "School official" means the principal, a teacher,
8		or any other certified employee of the school, the
9		superintendent of schools or a member of the school board.
10		(e) For the purposes of this Section, the 500 feet
11		distance shall be measured from: (1) the edge of the property
12		of the school building or the real property comprising the
13		school that is closest to the edge of the property of the child
14		sex offender's residence or where he or she is loitering, and
15		(2) the edge of the property comprising the public park
16		building or the real property comprising the public park,
17		playground, child care institution, day care center, part day
18		child care facility, or facility providing programs or
19		services exclusively directed toward persons under 18 years of
20		age, or a victim of the sex offense who is under 21 years of
21		age, to the edge of the child sex offender's place of residence
22		or place where he or she is loitering.
23		(f) Sentence. A person who violates this Section is guilty
24		of a Class 4 felony.
25		(Source: P.A. 100-428, eff. 1-1-18.)

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1		(720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
2		Sec. 11-20.1. Child sexual abuse material pornography.
3		(a) A person commits child sexual abuse material
4		pornography who:
5		(1) films, videotapes, photographs, or otherwise
6		depicts or portrays by means of any similar visual medium
7		or reproduction or depicts by computer any child whom he
8		or she knows or reasonably should know to be under the age
9		of 18 or any person with a severe or profound intellectual
10		disability where such child or person with a severe or
11		profound intellectual disability is:
12		(i) actually or by simulation engaged in any act
13		of sexual penetration or sexual conduct with any
14		person or animal; or
15		(ii) actually or by simulation engaged in any act
16		of sexual penetration or sexual conduct involving the
17		sex organs of the child or person with a severe or
18		profound intellectual disability and the mouth, anus,
19		or sex organs of another person or animal; or which
20		involves the mouth, anus or sex organs of the child or
21		person with a severe or profound intellectual
22		disability and the sex organs of another person or
23		animal; or
24		(iii) actually or by simulation engaged in any act
25		of masturbation; or
26		(iv) actually or by simulation portrayed as being

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

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

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

HB5490 Engrossed - 68 - LRB102 25922 RLC 35294 b
1		photograph, or other similar visual reproduction or depiction
2		by computer in violation of this Section constitutes a single
3		and separate violation. This subsection (a-5) does not apply
4		to multiple copies of the same film, videotape, photograph, or
5		other similar visual reproduction or depiction by computer
6		that are identical to each other.
7		(b)(1) It shall be an affirmative defense to a charge of
8		child sexual abuse material pornography that the defendant
9		reasonably believed, under all of the circumstances, that the
10		child was 18 years of age or older or that the person was not a
11		person with a severe or profound intellectual disability but
12		only where, prior to the act or acts giving rise to a
13		prosecution under this Section, he or she took some
14		affirmative action or made a bonafide inquiry designed to
15		ascertain whether the child was 18 years of age or older or
16		that the person was not a person with a severe or profound
17		intellectual disability and his or her reliance upon the
18		information so obtained was clearly reasonable.
19		(1.5) Telecommunications carriers, commercial mobile
20		service providers, and providers of information services,
21		including, but not limited to, Internet service providers and
22		hosting service providers, are not liable under this Section
23		by virtue of the transmission, storage, or caching of
24		electronic communications or messages of others or by virtue
25		of the provision of other related telecommunications,
26		commercial mobile services, or information services used by

HB5490 Engrossed - 69 - LRB102 25922 RLC 35294 b
1		others in violation of this Section.
2		(2) (Blank).
3		(3) The charge of child sexual abuse material pornography
4		shall not apply to the performance of official duties by law
5		enforcement or prosecuting officers or persons employed by law
6		enforcement or prosecuting agencies, court personnel or
7		attorneys, nor to bonafide treatment or professional education
8		programs conducted by licensed physicians, psychologists or
9		social workers. In any criminal proceeding, any property or
10		material that constitutes child sexual abuse material
11		pornography shall remain in the care, custody, and control of
12		either the State or the court. A motion to view the evidence
13		shall comply with subsection (e-5) of this Section.
14		(4) If the defendant possessed more than one of the same
15		film, videotape or visual reproduction or depiction by
16		computer in which child sexual abuse material pornography is
17		depicted, then the trier of fact may infer that the defendant
18		possessed such materials with the intent to disseminate them.
19		(5) The charge of child sexual abuse material pornography
20		does not apply to a person who does not voluntarily possess a
21		film, videotape, or visual reproduction or depiction by
22		computer in which child sexual abuse material pornography is
23		depicted. Possession is voluntary if the defendant knowingly
24		procures or receives a film, videotape, or visual reproduction
25		or depiction for a sufficient time to be able to terminate his
26		or her possession.

HB5490 Engrossed - 70 - LRB102 25922 RLC 35294 b
1		(6) Any violation of paragraph (1), (2), (3), (4), (5), or
2		(7) of subsection (a) that includes a child engaged in,
3		solicited for, depicted in, or posed in any act of sexual
4		penetration or bound, fettered, or subject to sadistic,
5		masochistic, or sadomasochistic abuse in a sexual context
6		shall be deemed a crime of violence.
7		(c) If the violation does not involve a film, videotape,
8		or other moving depiction, a violation of paragraph (1), (4),
9		(5), or (7) of subsection (a) is a Class 1 felony with a
10		mandatory minimum fine of $2,000 and a maximum fine of
11		$100,000. If the violation involves a film, videotape, or
12		other moving depiction, a violation of paragraph (1), (4),
13		(5), or (7) of subsection (a) is a Class X felony with a
14		mandatory minimum fine of $2,000 and a maximum fine of
15		$100,000. If the violation does not involve a film, videotape,
16		or other moving depiction, a violation of paragraph (3) of
17		subsection (a) is a Class 1 felony with a mandatory minimum
18		fine of $1500 and a maximum fine of $100,000. If the violation
19		involves a film, videotape, or other moving depiction, a
20		violation of paragraph (3) of subsection (a) is a Class X
21		felony with a mandatory minimum fine of $1500 and a maximum
22		fine of $100,000. If the violation does not involve a film,
23		videotape, or other moving depiction, a violation of paragraph
24		(2) of subsection (a) is a Class 1 felony with a mandatory
25		minimum fine of $1000 and a maximum fine of $100,000. If the
26		violation involves a film, videotape, or other moving

HB5490 Engrossed - 71 - LRB102 25922 RLC 35294 b
1		depiction, a violation of paragraph (2) of subsection (a) is a
2		Class X felony with a mandatory minimum fine of $1000 and a
3		maximum fine of $100,000. If the violation does not involve a
4		film, videotape, or other moving depiction, a violation of
5		paragraph (6) of subsection (a) is a Class 3 felony with a
6		mandatory minimum fine of $1000 and a maximum fine of
7		$100,000. If the violation involves a film, videotape, or
8		other moving depiction, a violation of paragraph (6) of
9		subsection (a) is a Class 2 felony with a mandatory minimum
10		fine of $1000 and a maximum fine of $100,000.
11		(c-5) Where the child depicted is under the age of 13, a
12		violation of paragraph (1), (2), (3), (4), (5), or (7) of
13		subsection (a) is a Class X felony with a mandatory minimum
14		fine of $2,000 and a maximum fine of $100,000. Where the child
15		depicted is under the age of 13, a violation of paragraph (6)
16		of subsection (a) is a Class 2 felony with a mandatory minimum
17		fine of $1,000 and a maximum fine of $100,000. Where the child
18		depicted is under the age of 13, a person who commits a
19		violation of paragraph (1), (2), (3), (4), (5), or (7) of
20		subsection (a) where the defendant has previously been
21		convicted under the laws of this State or any other state of
22		the offense of child sexual abuse material pornography,
23		aggravated child sexual abuse material pornography, aggravated
24		criminal sexual abuse, aggravated criminal sexual assault,
25		predatory criminal sexual assault of a child, or any of the
26		offenses formerly known as rape, deviate sexual assault,

HB5490 Engrossed - 72 - LRB102 25922 RLC 35294 b
1		indecent liberties with a child, or aggravated indecent
2		liberties with a child where the victim was under the age of 18
3		years or an offense that is substantially equivalent to those
4		offenses, is guilty of a Class X felony for which the person
5		shall be sentenced to a term of imprisonment of not less than 9
6		years with a mandatory minimum fine of $2,000 and a maximum
7		fine of $100,000. Where the child depicted is under the age of
8		13, a person who commits a violation of paragraph (6) of
9		subsection (a) where the defendant has previously been
10		convicted under the laws of this State or any other state of
11		the offense of child sexual abuse material pornography,
12		aggravated child sexual abuse material pornography, aggravated
13		criminal sexual abuse, aggravated criminal sexual assault,
14		predatory criminal sexual assault of a child, or any of the
15		offenses formerly known as rape, deviate sexual assault,
16		indecent liberties with a child, or aggravated indecent
17		liberties with a child where the victim was under the age of 18
18		years or an offense that is substantially equivalent to those
19		offenses, is guilty of a Class 1 felony with a mandatory
20		minimum fine of $1,000 and a maximum fine of $100,000. The
21		issue of whether the child depicted is under the age of 13 is
22		an element of the offense to be resolved by the trier of fact.
23		(d) If a person is convicted of a second or subsequent
24		violation of this Section within 10 years of a prior
25		conviction, the court shall order a presentence psychiatric
26		examination of the person. The examiner shall report to the

HB5490 Engrossed - 73 - LRB102 25922 RLC 35294 b
1		court whether treatment of the person is necessary.
2		(e) Any film, videotape, photograph or other similar
3		visual reproduction or depiction by computer which includes a
4		child under the age of 18 or a person with a severe or profound
5		intellectual disability engaged in any activity described in
6		subparagraphs (i) through (vii) of or paragraph (1) 1 of
7		subsection (a), and any material or equipment used or intended
8		for use in photographing, filming, printing, producing,
9		reproducing, manufacturing, projecting, exhibiting, depiction
10		by computer, or disseminating such material shall be seized
11		and forfeited in the manner, method and procedure provided by
12		Section 36-1 of this Code for the seizure and forfeiture of
13		vessels, vehicles and aircraft.
14		In addition, any person convicted under this Section is
15		subject to the property forfeiture provisions set forth in
16		Article 124B of the Code of Criminal Procedure of 1963.
17		(e-5) Upon the conclusion of a case brought under this
18		Section, the court shall seal all evidence depicting a victim
19		or witness that is sexually explicit. The evidence may be
20		unsealed and viewed, on a motion of the party seeking to unseal
21		and view the evidence, only for good cause shown and in the
22		discretion of the court. The motion must expressly set forth
23		the purpose for viewing the material. The State's Attorney
24		attorney and the victim, if possible, shall be provided
25		reasonable notice of the hearing on the motion to unseal the
26		evidence. Any person entitled to notice of a hearing under

HB5490 Engrossed - 74 - LRB102 25922 RLC 35294 b
1		this subsection (e-5) may object to the motion.
2		(f) Definitions. For the purposes of this Section:
3		(1) "Disseminate" means (i) to sell, distribute,
4		exchange or transfer possession, whether with or without
5		consideration or (ii) to make a depiction by computer
6		available for distribution or downloading through the
7		facilities of any telecommunications network or through
8		any other means of transferring computer programs or data
9		to a computer.
10		(2) "Produce" means to direct, promote, advertise,
11		publish, manufacture, issue, present or show.
12		(3) "Reproduce" means to make a duplication or copy.
13		(4) "Depict by computer" means to generate or create,
14		or cause to be created or generated, a computer program or
15		data that, after being processed by a computer either
16		alone or in conjunction with one or more computer
17		programs, results in a visual depiction on a computer
18		monitor, screen, or display.
19		(5) "Depiction by computer" means a computer program
20		or data that, after being processed by a computer either
21		alone or in conjunction with one or more computer
22		programs, results in a visual depiction on a computer
23		monitor, screen, or display.
24		(6) "Computer", "computer program", and "data" have
25		the meanings ascribed to them in Section 17.05 of this
26		Code.

HB5490 Engrossed - 75 - LRB102 25922 RLC 35294 b
1		(7) For the purposes of this Section, "child sexual
2		abuse material pornography" includes a film, videotape,
3		photograph, or other similar visual medium or reproduction
4		or depiction by computer that is, or appears to be, that of
5		a person, either in part, or in total, under the age of 18
6		or a person with a severe or profound intellectual
7		disability, regardless of the method by which the film,
8		videotape, photograph, or other similar visual medium or
9		reproduction or depiction by computer is created, adopted,
10		or modified to appear as such. "Child sexual abuse
11		material pornography" also includes a film, videotape,
12		photograph, or other similar visual medium or reproduction
13		or depiction by computer that is advertised, promoted,
14		presented, described, or distributed in such a manner that
15		conveys the impression that the film, videotape,
16		photograph, or other similar visual medium or reproduction
17		or depiction by computer is of a person under the age of 18
18		or a person with a severe or profound intellectual
19		disability.
20		(g) Re-enactment; findings; purposes.
21		(1) The General Assembly finds and declares that:
22		(i) Section 50-5 of Public Act 88-680, effective
23		January 1, 1995, contained provisions amending the
24		child sexual abuse material pornography statute,
25		Section 11-20.1 of the Criminal Code of 1961. Section
26		50-5 also contained other provisions.

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

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1		Code of Corrections.
2		(iii) On September 22, 1998, the Third District
3		Appellate Court in People v. Dainty, 701 N.E. 2d 118,
4		ruled that Public Act 88-680 violates the single
5		subject clause of the Illinois Constitution (Article
6		IV, Section 8 (d)) and was unconstitutional in its
7		entirety. As of the time this amendatory Act of 1999
8		was prepared, People v. Dainty was still subject to
9		appeal.
10		(iv) Child sexual abuse material pornography is a
11		vital concern to the people of this State and the
12		validity of future prosecutions under the child sexual
13		abuse material pornography statute of the Criminal
14		Code of 1961 is in grave doubt.
15		(2) It is the purpose of this amendatory Act of 1999 to
16		prevent or minimize any problems relating to prosecutions
17		for child sexual abuse material pornography that may
18		result from challenges to the constitutional validity of
19		Public Act 88-680 by re-enacting the Section relating to
20		child sexual abuse material pornography that was included
21		in Public Act 88-680.
22		(3) This amendatory Act of 1999 re-enacts Section
23		11-20.1 of the Criminal Code of 1961, as it has been
24		amended. This re-enactment is intended to remove any
25		question as to the validity or content of that Section; it
26		is not intended to supersede any other Public Act that

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1		amends the text of the Section as set forth in this
2		amendatory Act of 1999. The material is shown as existing
3		text (i.e., without underscoring) because, as of the time
4		this amendatory Act of 1999 was prepared, People v. Dainty
5		was subject to appeal to the Illinois Supreme Court.
6		(4) The re-enactment by this amendatory Act of 1999 of
7		Section 11-20.1 of the Criminal Code of 1961 relating to
8		child sexual abuse material pornography that was amended
9		by Public Act 88-680 is not intended, and shall not be
10		construed, to imply that Public Act 88-680 is invalid or
11		to limit or impair any legal argument concerning whether
12		those provisions were substantially re-enacted by other
13		Public Acts.
14		(Source: P.A. 101-87, eff. 1-1-20; 102-567, eff. 1-1-22.)
15		(720 ILCS 5/11-20.2) (from Ch. 38, par. 11-20.2)
16		Sec. 11-20.2. Duty of commercial film and photographic
17		print processors or computer technicians to report sexual
18		depiction of children.
19		(a) Any commercial film and photographic print processor
20		or computer technician who has knowledge of or observes,
21		within the scope of his professional capacity or employment,
22		any film, photograph, videotape, negative, slide, computer
23		hard drive or any other magnetic or optical media which
24		depicts a child whom the processor or computer technician
25		knows or reasonably should know to be under the age of 18 where

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1		such child is:
2		(i) actually or by simulation engaged in any act of
3		sexual penetration or sexual conduct with any person or
4		animal; or
5		(ii) actually or by simulation engaged in any act of
6		sexual penetration or sexual conduct involving the sex
7		organs of the child and the mouth, anus, or sex organs of
8		another person or animal; or which involves the mouth,
9		anus or sex organs of the child and the sex organs of
10		another person or animal; or
11		(iii) actually or by simulation engaged in any act of
12		masturbation; or
13		(iv) actually or by simulation portrayed as being the
14		object of, or otherwise engaged in, any act of lewd
15		fondling, touching, or caressing involving another person
16		or animal; or
17		(v) actually or by simulation engaged in any act of
18		excretion or urination within a sexual context; or
19		(vi) actually or by simulation portrayed or depicted
20		as bound, fettered, or subject to sadistic, masochistic,
21		or sadomasochistic abuse in any sexual context; or
22		(vii) depicted or portrayed in any pose, posture or
23		setting involving a lewd exhibition of the unclothed or
24		transparently clothed genitals, pubic area, buttocks, or,
25		if such person is female, a fully or partially developed
26		breast of the child or other person;

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1		shall report or cause a report to be made pursuant to
2		subsections (b) and (c) as soon as reasonably possible.
3		Failure to make such report shall be a business offense with a
4		fine of $1,000.
5		(b) Commercial film and photographic film processors shall
6		report or cause a report to be made to the local law
7		enforcement agency of the jurisdiction in which the image or
8		images described in subsection (a) are discovered.
9		(c) Computer technicians shall report or cause the report
10		to be made to the local law enforcement agency of the
11		jurisdiction in which the image or images described in
12		subsection (a) are discovered or to the Illinois Child
13		Exploitation e-Tipline at reportchildporn@atg.state.il.us.
14		(d) Reports required by this Act shall include the
15		following information: (i) name, address, and telephone number
16		of the person filing the report; (ii) the employer of the
17		person filing the report, if any; (iii) the name, address and
18		telephone number of the person whose property is the subject
19		of the report, if known; (iv) the circumstances which led to
20		the filing of the report, including a description of the
21		reported content.
22		(e) If a report is filed with the Cyber Tipline at the
23		National Center for Missing and Exploited Children or in
24		accordance with the requirements of 42 U.S.C. 13032, the
25		requirements of this Act will be deemed to have been met.
26		(f) A computer technician or an employer caused to report

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1		child sexual abuse material pornography under this Section is
2		immune from any criminal, civil, or administrative liability
3		in connection with making the report, except for willful or
4		wanton misconduct.
5		(g) For the purposes of this Section, a "computer
6		technician" is a person who installs, maintains,
7		troubleshoots, repairs or upgrades computer hardware,
8		software, computer networks, peripheral equipment, electronic
9		mail systems, or provides user assistance for any of the
10		aforementioned tasks.
11		(Source: P.A. 95-983, eff. 6-1-09; 96-1551, eff. 7-1-11.)
12		(720 ILCS 5/11-23)
13		Sec. 11-23. Posting of identifying or graphic information
14		on a pornographic Internet site or possessing graphic
15		information with pornographic material.
16		(a) A person at least 17 years of age who knowingly
17		discloses on an adult obscenity or child sexual abuse material
18		pornography Internet site the name, address, telephone number,
19		or e-mail address of a person under 17 years of age at the time
20		of the commission of the offense or of a person at least 17
21		years of age without the consent of the person at least 17
22		years of age is guilty of posting of identifying information
23		on a pornographic Internet site.
24		(a-5) Any person who knowingly places, posts, reproduces,
25		or maintains on an adult obscenity or child sexual abuse

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1		material pornography Internet site a photograph, video, or
2		digital image of a person under 18 years of age that is not
3		child sexual abuse material pornography under Section 11-20.1,
4		without the knowledge and consent of the person under 18 years
5		of age, is guilty of posting of graphic information on a
6		pornographic Internet site. This provision applies even if the
7		person under 18 years of age is fully or properly clothed in
8		the photograph, video, or digital image.
9		(a-10) Any person who knowingly places, posts, reproduces,
10		or maintains on an adult obscenity or child sexual abuse
11		material pornography Internet site, or possesses with obscene
12		or child pornographic material a photograph, video, or digital
13		image of a person under 18 years of age in which the child is
14		posed in a suggestive manner with the focus or concentration
15		of the image on the child's clothed genitals, clothed pubic
16		area, clothed buttocks area, or if the child is female, the
17		breast exposed through transparent clothing, and the
18		photograph, video, or digital image is not child sexual abuse
19		material pornography under Section 11-20.1, is guilty of
20		posting of graphic information on a pornographic Internet site
21		or possessing graphic information with pornographic material.
22		(b) Sentence. A person who violates subsection (a) of this
23		Section is guilty of a Class 4 felony if the victim is at least
24		17 years of age at the time of the offense and a Class 3 felony
25		if the victim is under 17 years of age at the time of the
26		offense. A person who violates subsection (a-5) of this

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1		Section is guilty of a Class 4 felony. A person who violates
2		subsection (a-10) of this Section is guilty of a Class 3
3		felony.
4		(c) Definitions. For purposes of this Section:
5		(1) "Adult obscenity or child sexual abuse material
6		pornography Internet site" means a site on the Internet
7		that contains material that is obscene as defined in
8		Section 11-20 of this Code or that is child sexual abuse
9		material pornography as defined in Section 11-20.1 of this
10		Code.
11		(2) "Internet" has the meaning set forth in Section
12		16-0.1 of this Code.
13		(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
14		(720 ILCS 5/11-25)
15		(Text of Section before amendment by P.A. 102-676)
16		Sec. 11-25. Grooming.
17		(a) A person commits grooming when he or she knowingly
18		uses a computer on-line service, Internet service, local
19		bulletin board service, or any other device capable of
20		electronic data storage or transmission to seduce, solicit,
21		lure, or entice, or attempt to seduce, solicit, lure, or
22		entice, a child, a child's guardian, or another person
23		believed by the person to be a child or a child's guardian, to
24		commit any sex offense as defined in Section 2 of the Sex
25		Offender Registration Act, to distribute photographs depicting

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

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1		purpose of sexual gratification or arousal of the victim,
2		the accused, or another.
3		(a-5) As used in this Section: ,
4		"Child" "child" means a person under 17 years of age.
5		"Pattern" means 2 or more instances of conduct.
6		"Sexual activity" includes masturbation and does not
7		require actual or attempted physical contact between 2
8		persons.
9		(b) Sentence. Grooming is a Class 4 felony.
10		(Source: P.A. 102-676, eff. 6-1-22.)
11		(720 ILCS 5/14-3)
12		Sec. 14-3. Exemptions. The following activities shall be
13		exempt from the provisions of this Article:
14		(a) Listening to radio, wireless electronic
15		communications, and television communications of any sort
16		where the same are publicly made;
17		(b) Hearing conversation when heard by employees of
18		any common carrier by wire incidental to the normal course
19		of their employment in the operation, maintenance or
20		repair of the equipment of such common carrier by wire so
21		long as no information obtained thereby is used or
22		divulged by the hearer;
23		(c) Any broadcast by radio, television or otherwise
24		whether it be a broadcast or recorded for the purpose of
25		later broadcasts of any function where the public is in

HB5490 Engrossed - 86 - LRB102 25922 RLC 35294 b
1		attendance and the conversations are overheard incidental
2		to the main purpose for which such broadcasts are then
3		being made;
4		(d) Recording or listening with the aid of any device
5		to any emergency communication made in the normal course
6		of operations by any federal, state or local law
7		enforcement agency or institutions dealing in emergency
8		services, including, but not limited to, hospitals,
9		clinics, ambulance services, fire fighting agencies, any
10		public utility, emergency repair facility, civilian
11		defense establishment or military installation;
12		(e) Recording the proceedings of any meeting required
13		to be open by the Open Meetings Act, as amended;
14		(f) Recording or listening with the aid of any device
15		to incoming telephone calls of phone lines publicly listed
16		or advertised as consumer "hotlines" by manufacturers or
17		retailers of food and drug products. Such recordings must
18		be destroyed, erased or turned over to local law
19		enforcement authorities within 24 hours from the time of
20		such recording and shall not be otherwise disseminated.
21		Failure on the part of the individual or business
22		operating any such recording or listening device to comply
23		with the requirements of this subsection shall eliminate
24		any civil or criminal immunity conferred upon that
25		individual or business by the operation of this Section;
26		(g) With prior notification to the State's Attorney of

HB5490 Engrossed - 87 - LRB102 25922 RLC 35294 b
1		the county in which it is to occur, recording or listening
2		with the aid of any device to any conversation where a law
3		enforcement officer, or any person acting at the direction
4		of law enforcement, is a party to the conversation and has
5		consented to it being intercepted or recorded under
6		circumstances where the use of the device is necessary for
7		the protection of the law enforcement officer or any
8		person acting at the direction of law enforcement, in the
9		course of an investigation of a forcible felony, a felony
10		offense of involuntary servitude, involuntary sexual
11		servitude of a minor, or trafficking in persons under
12		Section 10-9 of this Code, an offense involving
13		prostitution, solicitation of a sexual act, or pandering,
14		a felony violation of the Illinois Controlled Substances
15		Act, a felony violation of the Cannabis Control Act, a
16		felony violation of the Methamphetamine Control and
17		Community Protection Act, any "streetgang related" or
18		"gang-related" felony as those terms are defined in the
19		Illinois Streetgang Terrorism Omnibus Prevention Act, or
20		any felony offense involving any weapon listed in
21		paragraphs (1) through (11) of subsection (a) of Section
22		24-1 of this Code. Any recording or evidence derived as
23		the result of this exemption shall be inadmissible in any
24		proceeding, criminal, civil or administrative, except (i)
25		where a party to the conversation suffers great bodily
26		injury or is killed during such conversation, or (ii) when

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

HB5490 Engrossed - 89 - LRB102 25922 RLC 35294 b
1		of the Illinois State Police shall issue rules as are
2		necessary concerning the use of devices, retention of
3		recordings, and reports regarding their use. Any recording
4		or evidence obtained or derived in the course of an
5		investigation of child sexual abuse material pornography,
6		aggravated child sexual abuse material pornography,
7		indecent solicitation of a child, luring of a minor,
8		sexual exploitation of a child, aggravated criminal sexual
9		abuse in which the victim of the offense was at the time of
10		the commission of the offense under 18 years of age, or
11		criminal sexual abuse by force or threat of force in which
12		the victim of the offense was at the time of the commission
13		of the offense under 18 years of age shall, upon motion of
14		the State's Attorney or Attorney General prosecuting any
15		case involving child sexual abuse material pornography,
16		aggravated child sexual abuse material pornography,
17		indecent solicitation of a child, luring of a minor,
18		sexual exploitation of a child, aggravated criminal sexual
19		abuse in which the victim of the offense was at the time of
20		the commission of the offense under 18 years of age, or
21		criminal sexual abuse by force or threat of force in which
22		the victim of the offense was at the time of the commission
23		of the offense under 18 years of age be reviewed in camera
24		with notice to all parties present by the court presiding
25		over the criminal case, and, if ruled by the court to be
26		relevant and otherwise admissible, it shall be admissible

HB5490 Engrossed - 90 - LRB102 25922 RLC 35294 b
1		at the trial of the criminal case. Absent such a ruling,
2		any such recording or evidence shall not be admissible at
3		the trial of the criminal case;
4		(h) Recordings made simultaneously with the use of an
5		in-car video camera recording of an oral conversation
6		between a uniformed peace officer, who has identified his
7		or her office, and a person in the presence of the peace
8		officer whenever (i) an officer assigned a patrol vehicle
9		is conducting an enforcement stop; or (ii) patrol vehicle
10		emergency lights are activated or would otherwise be
11		activated if not for the need to conceal the presence of
12		law enforcement.
13		For the purposes of this subsection (h), "enforcement
14		stop" means an action by a law enforcement officer in
15		relation to enforcement and investigation duties,
16		including but not limited to, traffic stops, pedestrian
17		stops, abandoned vehicle contacts, motorist assists,
18		commercial motor vehicle stops, roadside safety checks,
19		requests for identification, or responses to requests for
20		emergency assistance;
21		(h-5) Recordings of utterances made by a person while
22		in the presence of a uniformed peace officer and while an
23		occupant of a police vehicle including, but not limited
24		to, (i) recordings made simultaneously with the use of an
25		in-car video camera and (ii) recordings made in the
26		presence of the peace officer utilizing video or audio

HB5490 Engrossed - 91 - LRB102 25922 RLC 35294 b
1		systems, or both, authorized by the law enforcement
2		agency;
3		(h-10) Recordings made simultaneously with a video
4		camera recording during the use of a taser or similar
5		weapon or device by a peace officer if the weapon or device
6		is equipped with such camera;
7		(h-15) Recordings made under subsection (h), (h-5), or
8		(h-10) shall be retained by the law enforcement agency
9		that employs the peace officer who made the recordings for
10		a storage period of 90 days, unless the recordings are
11		made as a part of an arrest or the recordings are deemed
12		evidence in any criminal, civil, or administrative
13		proceeding and then the recordings must only be destroyed
14		upon a final disposition and an order from the court.
15		Under no circumstances shall any recording be altered or
16		erased prior to the expiration of the designated storage
17		period. Upon completion of the storage period, the
18		recording medium may be erased and reissued for
19		operational use;
20		(i) Recording of a conversation made by or at the
21		request of a person, not a law enforcement officer or
22		agent of a law enforcement officer, who is a party to the
23		conversation, under reasonable suspicion that another
24		party to the conversation is committing, is about to
25		commit, or has committed a criminal offense against the
26		person or a member of his or her immediate household, and

HB5490 Engrossed - 92 - LRB102 25922 RLC 35294 b
1		there is reason to believe that evidence of the criminal
2		offense may be obtained by the recording;
3		(j) The use of a telephone monitoring device by either
4		(1) a corporation or other business entity engaged in
5		marketing or opinion research or (2) a corporation or
6		other business entity engaged in telephone solicitation,
7		as defined in this subsection, to record or listen to oral
8		telephone solicitation conversations or marketing or
9		opinion research conversations by an employee of the
10		corporation or other business entity when:
11		(i) the monitoring is used for the purpose of
12		service quality control of marketing or opinion
13		research or telephone solicitation, the education or
14		training of employees or contractors engaged in
15		marketing or opinion research or telephone
16		solicitation, or internal research related to
17		marketing or opinion research or telephone
18		solicitation; and
19		(ii) the monitoring is used with the consent of at
20		least one person who is an active party to the
21		marketing or opinion research conversation or
22		telephone solicitation conversation being monitored.
23		No communication or conversation or any part, portion,
24		or aspect of the communication or conversation made,
25		acquired, or obtained, directly or indirectly, under this
26		exemption (j), may be, directly or indirectly, furnished

HB5490 Engrossed - 93 - LRB102 25922 RLC 35294 b
1		to any law enforcement officer, agency, or official for
2		any purpose or used in any inquiry or investigation, or
3		used, directly or indirectly, in any administrative,
4		judicial, or other proceeding, or divulged to any third
5		party.
6		When recording or listening authorized by this
7		subsection (j) on telephone lines used for marketing or
8		opinion research or telephone solicitation purposes
9		results in recording or listening to a conversation that
10		does not relate to marketing or opinion research or
11		telephone solicitation; the person recording or listening
12		shall, immediately upon determining that the conversation
13		does not relate to marketing or opinion research or
14		telephone solicitation, terminate the recording or
15		listening and destroy any such recording as soon as is
16		practicable.
17		Business entities that use a telephone monitoring or
18		telephone recording system pursuant to this exemption (j)
19		shall provide current and prospective employees with
20		notice that the monitoring or recordings may occur during
21		the course of their employment. The notice shall include
22		prominent signage notification within the workplace.
23		Business entities that use a telephone monitoring or
24		telephone recording system pursuant to this exemption (j)
25		shall provide their employees or agents with access to
26		personal-only telephone lines, which may be pay

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1		telephones, that are not subject to telephone monitoring
2		or telephone recording.
3		For the purposes of this subsection (j), "telephone
4		solicitation" means a communication through the use of a
5		telephone by live operators:
6		(i) soliciting the sale of goods or services;
7		(ii) receiving orders for the sale of goods or
8		services;
9		(iii) assisting in the use of goods or services;
10		or
11		(iv) engaging in the solicitation, administration,
12		or collection of bank or retail credit accounts.
13		For the purposes of this subsection (j), "marketing or
14		opinion research" means a marketing or opinion research
15		interview conducted by a live telephone interviewer
16		engaged by a corporation or other business entity whose
17		principal business is the design, conduct, and analysis of
18		polls and surveys measuring the opinions, attitudes, and
19		responses of respondents toward products and services, or
20		social or political issues, or both;
21		(k) Electronic recordings, including but not limited
22		to, a motion picture, videotape, digital, or other visual
23		or audio recording, made of a custodial interrogation of
24		an individual at a police station or other place of
25		detention by a law enforcement officer under Section
26		5-401.5 of the Juvenile Court Act of 1987 or Section

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1		103-2.1 of the Code of Criminal Procedure of 1963;
2		(l) Recording the interview or statement of any person
3		when the person knows that the interview is being
4		conducted by a law enforcement officer or prosecutor and
5		the interview takes place at a police station that is
6		currently participating in the Custodial Interview Pilot
7		Program established under the Illinois Criminal Justice
8		Information Act;
9		(m) An electronic recording, including but not limited
10		to, a motion picture, videotape, digital, or other visual
11		or audio recording, made of the interior of a school bus
12		while the school bus is being used in the transportation
13		of students to and from school and school-sponsored
14		activities, when the school board has adopted a policy
15		authorizing such recording, notice of such recording
16		policy is included in student handbooks and other
17		documents including the policies of the school, notice of
18		the policy regarding recording is provided to parents of
19		students, and notice of such recording is clearly posted
20		on the door of and inside the school bus.
21		Recordings made pursuant to this subsection (m) shall
22		be confidential records and may only be used by school
23		officials (or their designees) and law enforcement
24		personnel for investigations, school disciplinary actions
25		and hearings, proceedings under the Juvenile Court Act of
26		1987, and criminal prosecutions, related to incidents

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

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

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

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1		day following the expiration of the authorized period
2		of time, and shall be subject to review by the Chief
3		Judge or his or her designee as deemed appropriate by
4		the court.
5		(3.5) The written memorialization of the request for
6		approval and the written approval by the State's Attorney
7		may be in any format, including via facsimile, email, or
8		otherwise, so long as it is capable of being filed with the
9		circuit clerk.
10		(3.10) Beginning March 1, 2015, each State's Attorney
11		shall annually submit a report to the General Assembly
12		disclosing:
13		(A) the number of requests for each qualified
14		offense for approval under this subsection; and
15		(B) the number of approvals for each qualified
16		offense given by the State's Attorney.
17		(4) Admissibility of evidence. No part of the contents
18		of any wire, electronic, or oral communication that has
19		been recorded or intercepted as a result of this exception
20		may be received in evidence in any trial, hearing, or
21		other proceeding in or before any court, grand jury,
22		department, officer, agency, regulatory body, legislative
23		committee, or other authority of this State, or a
24		political subdivision of the State, other than in a
25		prosecution of:
26		(A) the qualified offense for which approval was

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

HB5490 Engrossed - 101 - LRB102 25922 RLC 35294 b
1		I, Section 6 of the Illinois Constitution.
2		(6) Use of recordings or intercepts unrelated to
3		qualified offenses. Whenever any private conversation or
4		private electronic communication has been recorded or
5		intercepted as a result of this exception that is not
6		related to an offense for which the recording or intercept
7		is admissible under paragraph (4) of this subsection (q),
8		no part of the contents of the communication and evidence
9		derived from the communication may be received in evidence
10		in any trial, hearing, or other proceeding in or before
11		any court, grand jury, department, officer, agency,
12		regulatory body, legislative committee, or other authority
13		of this State, or a political subdivision of the State,
14		nor may it be publicly disclosed in any way.
15		(6.5) The Illinois State Police shall adopt rules as
16		are necessary concerning the use of devices, retention of
17		recordings, and reports regarding their use under this
18		subsection (q).
19		(7) Definitions. For the purposes of this subsection
20		(q) only:
21		"Forcible felony" includes and is limited to those
22		offenses contained in Section 2-8 of the Criminal Code
23		of 1961 as of the effective date of this amendatory Act
24		of the 97th General Assembly, and only as those
25		offenses have been defined by law or judicial
26		interpretation as of that date.

HB5490 Engrossed - 102 - LRB102 25922 RLC 35294 b
1		"Qualified offense" means and is limited to:
2		(A) a felony violation of the Cannabis Control
3		Act, the Illinois Controlled Substances Act, or
4		the Methamphetamine Control and Community
5		Protection Act, except for violations of:
6		(i) Section 4 of the Cannabis Control Act;
7		(ii) Section 402 of the Illinois
8		Controlled Substances Act; and
9		(iii) Section 60 of the Methamphetamine
10		Control and Community Protection Act; and
11		(B) first degree murder, solicitation of
12		murder for hire, predatory criminal sexual assault
13		of a child, criminal sexual assault, aggravated
14		criminal sexual assault, aggravated arson,
15		kidnapping, aggravated kidnapping, child
16		abduction, trafficking in persons, involuntary
17		servitude, involuntary sexual servitude of a
18		minor, or gunrunning.
19		"State's Attorney" includes and is limited to the
20		State's Attorney or an assistant State's Attorney
21		designated by the State's Attorney to provide verbal
22		approval to record or intercept conversations under
23		this subsection (q).
24		(8) Sunset. This subsection (q) is inoperative on and
25		after January 1, 2023. No conversations intercepted
26		pursuant to this subsection (q), while operative, shall be

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

HB5490 Engrossed - 104 - LRB102 25922 RLC 35294 b
1		locker room, changing room, or hotel bedroom.
2		(a-5) It is unlawful for any person to knowingly make a
3		video record or transmit live video of another person in that
4		other person's residence without that person's consent.
5		(a-6) It is unlawful for any person to knowingly make a
6		video record or transmit live video of another person in that
7		other person's residence without that person's consent when
8		the recording or transmission is made outside that person's
9		residence by use of an audio or video device that records or
10		transmits from a remote location.
11		(a-10) It is unlawful for any person to knowingly make a
12		video record or transmit live video of another person's
13		intimate parts for the purpose of viewing the body of or the
14		undergarments worn by that other person without that person's
15		consent. For the purposes of this subsection (a-10), "intimate
16		parts" means the fully unclothed, partially unclothed, or
17		transparently clothed genitals, pubic area, anus, or if the
18		person is female, a partially or fully exposed nipple,
19		including exposure through transparent clothing.
20		(a-15) It is unlawful for any person to place or cause to
21		be placed a device that makes a video record or transmits a
22		live video in a restroom, tanning bed, tanning salon, locker
23		room, changing room, or hotel bedroom with the intent to make a
24		video record or transmit live video of another person without
25		that person's consent.
26		(a-20) It is unlawful for any person to place or cause to

HB5490 Engrossed - 105 - LRB102 25922 RLC 35294 b
1		be placed a device that makes a video record or transmits a
2		live video with the intent to make a video record or transmit
3		live video of another person in a that other person's
4		residence without that person's consent.
5		(a-25) It is unlawful for any person to, by any means,
6		knowingly disseminate, or permit to be disseminated, a video
7		record or live video that he or she knows to have been made or
8		transmitted in violation of (a), (a-5), (a-6), (a-10), (a-15),
9		or (a-20).
10		(b) Exemptions. The following activities shall be exempt
11		from the provisions of this Section:
12		(1) The making of a video record or transmission of
13		live video by law enforcement officers pursuant to a
14		criminal investigation, which is otherwise lawful;
15		(2) The making of a video record or transmission of
16		live video by correctional officials for security reasons
17		or for investigation of alleged misconduct involving a
18		person committed to the Department of Corrections; and
19		(3) The making of a video record or transmission of
20		live video in a locker room by a reporter or news medium,
21		as those terms are defined in Section 8-902 of the Code of
22		Civil Procedure, where the reporter or news medium has
23		been granted access to the locker room by an appropriate
24		authority for the purpose of conducting interviews.
25		(c) The provisions of this Section do not apply to any
26		sound recording or transmission of an oral conversation made

HB5490 Engrossed - 106 - LRB102 25922 RLC 35294 b
1		as the result of the making of a video record or transmission
2		of live video, and to which Article 14 of this Code applies.
3		(d) Sentence.
4		(1) A violation of subsection (a-15) or (a-20) is a
5		Class A misdemeanor.
6		(2) A violation of subsection (a), (a-5), (a-6), or
7		(a-10) is a Class 4 felony.
8		(3) A violation of subsection (a-25) is a Class 3
9		felony.
10		(4) A violation of subsection (a), (a-5), (a-6),
11		(a-10), (a-15) or (a-20) is a Class 3 felony if the victim
12		is a person under 18 years of age or if the violation is
13		committed by an individual who is required to register as
14		a sex offender under the Sex Offender Registration Act.
15		(5) A violation of subsection (a-25) is a Class 2
16		felony if the victim is a person under 18 years of age or
17		if the violation is committed by an individual who is
18		required to register as a sex offender under the Sex
19		Offender Registration Act.
20		(e) For purposes of this Section:
21		(1) "Residence" includes a rental dwelling, but does
22		not include stairwells, corridors, laundry facilities, or
23		additional areas in which the general public has access.
24		(2) "Video record" means and includes any videotape,
25		photograph, film, or other electronic or digital recording
26		of a still or moving visual image; and "live video" means

HB5490 Engrossed - 107 - LRB102 25922 RLC 35294 b
1		and includes any real-time or contemporaneous electronic
2		or digital transmission of a still or moving visual image.
3		(Source: P.A. 102-567, eff. 1-1-22.)
4		(720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
5		Sec. 36-1. Property subject to forfeiture.
6		(a) Any vessel or watercraft, vehicle, or aircraft is
7		subject to forfeiture under this Article if the vessel or
8		watercraft, vehicle, or aircraft is used with the knowledge
9		and consent of the owner in the commission of or in the attempt
10		to commit as defined in Section 8-4 of this Code:
11		(1) an offense prohibited by Section 9-1 (first degree
12		murder), Section 9-3 (involuntary manslaughter and
13		reckless homicide), Section 10-2 (aggravated kidnapping
14		kidnaping), Section 11-1.20 (criminal sexual assault),
15		Section 11-1.30 (aggravated criminal sexual assault),
16		Section 11-1.40 (predatory criminal sexual assault of a
17		child), subsection (a) of Section 11-1.50 (criminal sexual
18		abuse), subsection (a), (c), or (d) of Section 11-1.60
19		(aggravated criminal sexual abuse), Section 11-6 (indecent
20		solicitation of a child), Section 11-14.4 (promoting
21		juvenile prostitution except for keeping a place of
22		juvenile prostitution), Section 11-20.1 (child sexual
23		abuse material pornography), paragraph (a)(1), (a)(2),
24		(a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3), (e)(4),
25		(e)(5), (e)(6), or (e)(7) of Section 12-3.05 (aggravated

HB5490 Engrossed - 108 - LRB102 25922 RLC 35294 b
1		battery), Section 12-7.3 (stalking), Section 12-7.4
2		(aggravated stalking), Section 16-1 (theft if the theft is
3		of precious metal or of scrap metal), subdivision (f)(2)
4		or (f)(3) of Section 16-25 (retail theft), Section 18-2
5		(armed robbery), Section 19-1 (burglary), Section 19-2
6		(possession of burglary tools), Section 19-3 (residential
7		burglary), Section 20-1 (arson; residential arson; place
8		of worship arson), Section 20-2 (possession of explosives
9		or explosive or incendiary devices), subdivision (a)(6) or
10		(a)(7) of Section 24-1 (unlawful use of weapons), Section
11		24-1.2 (aggravated discharge of a firearm), Section
12		24-1.2-5 (aggravated discharge of a machine gun or a
13		firearm equipped with a device designed or used for
14		silencing the report of a firearm), Section 24-1.5
15		(reckless discharge of a firearm), Section 28-1
16		(gambling), or Section 29D-15.2 (possession of a deadly
17		substance) of this Code;
18		(2) an offense prohibited by Section 21, 22, 23, 24 or
19		26 of the Cigarette Tax Act if the vessel or watercraft,
20		vehicle, or aircraft contains more than 10 cartons of such
21		cigarettes;
22		(3) an offense prohibited by Section 28, 29, or 30 of
23		the Cigarette Use Tax Act if the vessel or watercraft,
24		vehicle, or aircraft contains more than 10 cartons of such
25		cigarettes;
26		(4) an offense prohibited by Section 44 of the

HB5490 Engrossed - 109 - LRB102 25922 RLC 35294 b
1		Environmental Protection Act;
2		(5) an offense prohibited by Section 11-204.1 of the
3		Illinois Vehicle Code (aggravated fleeing or attempting to
4		elude a peace officer);
5		(6) an offense prohibited by Section 11-501 of the
6		Illinois Vehicle Code (driving while under the influence
7		of alcohol or other drug or drugs, intoxicating compound
8		or compounds or any combination thereof) or a similar
9		provision of a local ordinance, and:
10		(A) during a period in which his or her driving
11		privileges are revoked or suspended if the revocation
12		or suspension was for:
13		(i) Section 11-501 (driving under the
14		influence of alcohol or other drug or drugs,
15		intoxicating compound or compounds or any
16		combination thereof),
17		(ii) Section 11-501.1 (statutory summary
18		suspension or revocation),
19		(iii) paragraph (b) of Section 11-401 (motor
20		vehicle accidents involving death or personal
21		injuries), or
22		(iv) reckless homicide as defined in Section
23		9-3 of this Code;
24		(B) has been previously convicted of reckless
25		homicide or a similar provision of a law of another
26		state relating to reckless homicide in which the

HB5490 Engrossed - 110 - LRB102 25922 RLC 35294 b
1		person was determined to have been under the influence
2		of alcohol, other drug or drugs, or intoxicating
3		compound or compounds as an element of the offense or
4		the person has previously been convicted of committing
5		a violation of driving under the influence of alcohol
6		or other drug or drugs, intoxicating compound or
7		compounds or any combination thereof and was involved
8		in a motor vehicle accident that resulted in death,
9		great bodily harm, or permanent disability or
10		disfigurement to another, when the violation was a
11		proximate cause of the death or injuries;
12		(C) the person committed a violation of driving
13		under the influence of alcohol or other drug or drugs,
14		intoxicating compound or compounds or any combination
15		thereof under Section 11-501 of the Illinois Vehicle
16		Code or a similar provision for the third or
17		subsequent time;
18		(D) he or she did not possess a valid driver's
19		license or permit or a valid restricted driving permit
20		or a valid judicial driving permit or a valid
21		monitoring device driving permit; or
22		(E) he or she knew or should have known that the
23		vehicle he or she was driving was not covered by a
24		liability insurance policy;
25		(7) an offense described in subsection (g) of Section
26		6-303 of the Illinois Vehicle Code;

HB5490 Engrossed - 111 - LRB102 25922 RLC 35294 b
1		(8) an offense described in subsection (e) of Section
2		6-101 of the Illinois Vehicle Code; or
3		(9)(A) operating a watercraft under the influence of
4		alcohol, other drug or drugs, intoxicating compound or
5		compounds, or combination thereof under Section 5-16 of
6		the Boat Registration and Safety Act during a period in
7		which his or her privileges to operate a watercraft are
8		revoked or suspended and the revocation or suspension was
9		for operating a watercraft under the influence of alcohol,
10		other drug or drugs, intoxicating compound or compounds,
11		or combination thereof; (B) operating a watercraft under
12		the influence of alcohol, other drug or drugs,
13		intoxicating compound or compounds, or combination thereof
14		and has been previously convicted of reckless homicide or
15		a similar provision of a law in another state relating to
16		reckless homicide in which the person was determined to
17		have been under the influence of alcohol, other drug or
18		drugs, intoxicating compound or compounds, or combination
19		thereof as an element of the offense or the person has
20		previously been convicted of committing a violation of
21		operating a watercraft under the influence of alcohol,
22		other drug or drugs, intoxicating compound or compounds,
23		or combination thereof and was involved in an accident
24		that resulted in death, great bodily harm, or permanent
25		disability or disfigurement to another, when the violation
26		was a proximate cause of the death or injuries; or (C) the

HB5490 Engrossed - 112 - LRB102 25922 RLC 35294 b
1		person committed a violation of operating a watercraft
2		under the influence of alcohol, other drug or drugs,
3		intoxicating compound or compounds, or combination thereof
4		under Section 5-16 of the Boat Registration and Safety Act
5		or a similar provision for the third or subsequent time.
6		(b) In addition, any mobile or portable equipment used in
7		the commission of an act which is in violation of Section 7g of
8		the Metropolitan Water Reclamation District Act shall be
9		subject to seizure and forfeiture under the same procedures
10		provided in this Article for the seizure and forfeiture of
11		vessels or watercraft, vehicles, and aircraft, and any such
12		equipment shall be deemed a vessel or watercraft, vehicle, or
13		aircraft for purposes of this Article.
14		(c) In addition, when a person discharges a firearm at
15		another individual from a vehicle with the knowledge and
16		consent of the owner of the vehicle and with the intent to
17		cause death or great bodily harm to that individual and as a
18		result causes death or great bodily harm to that individual,
19		the vehicle shall be subject to seizure and forfeiture under
20		the same procedures provided in this Article for the seizure
21		and forfeiture of vehicles used in violations of clauses (1),
22		(2), (3), or (4) of subsection (a) of this Section.
23		(d) If the spouse of the owner of a vehicle seized for an
24		offense described in subsection (g) of Section 6-303 of the
25		Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
26		(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section

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1		11-501 of the Illinois Vehicle Code, or Section 9-3 of this
2		Code makes a showing that the seized vehicle is the only source
3		of transportation and it is determined that the financial
4		hardship to the family as a result of the seizure outweighs the
5		benefit to the State from the seizure, the vehicle may be
6		forfeited to the spouse or family member and the title to the
7		vehicle shall be transferred to the spouse or family member
8		who is properly licensed and who requires the use of the
9		vehicle for employment or family transportation purposes. A
10		written declaration of forfeiture of a vehicle under this
11		Section shall be sufficient cause for the title to be
12		transferred to the spouse or family member. The provisions of
13		this paragraph shall apply only to one forfeiture per vehicle.
14		If the vehicle is the subject of a subsequent forfeiture
15		proceeding by virtue of a subsequent conviction of either
16		spouse or the family member, the spouse or family member to
17		whom the vehicle was forfeited under the first forfeiture
18		proceeding may not utilize the provisions of this paragraph in
19		another forfeiture proceeding. If the owner of the vehicle
20		seized owns more than one vehicle, the procedure set out in
21		this paragraph may be used for only one vehicle.
22		(e) In addition, property subject to forfeiture under
23		Section 40 of the Illinois Streetgang Terrorism Omnibus
24		Prevention Act may be seized and forfeited under this Article.
25		(Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18.)

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1		Section 55. The Code of Criminal Procedure of 1963 is
2		amended by changing Sections 106B-10, 115-7, 115-7.3, 115-7.4,
3		124B-10, 124B-100, 124B-420, and 124B-500 as follows:
4		(725 ILCS 5/106B-10)
5		Sec. 106B-10. Conditions for testimony by a victim or
6		witness who is under 18 years of age or an a child or a
7		moderately, severely, or profoundly intellectually disabled
8		person or a person affected by a developmental disability. The
9		In a prosecution of criminal sexual assault, predatory
10		criminal sexual assault of a child, aggravated criminal sexual
11		assault, criminal sexual abuse, aggravated criminal sexual
12		abuse, or any violent crime as defined in subsection (c) of
13		Section 3 of the Rights of Crime Victims and Witnesses Act, the
14		court may set any conditions it finds just and appropriate on
15		the taking of testimony of a victim or witness who is under 18
16		years of age or an intellectually disabled person or a person
17		affected by a developmental disability victim who is a child
18		under the age of 18 years or a moderately, severely, or
19		profoundly intellectually disabled person or a person affected
20		by a developmental disability, involving the use of a facility
21		dog in any criminal proceeding involving that offense. When
22		deciding whether to permit the child or person to testify with
23		the assistance of a facility dog, the court shall take into
24		consideration the age of the child or person, the rights of the
25		parties to the litigation, and any other relevant factor that

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

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1		115-7.3 of this Code consented to the sexual conduct with
2		respect to which the offense is alleged; or (2) when
3		constitutionally required to be admitted.
4		b. No evidence admissible under this Section shall be
5		introduced unless ruled admissible by the trial judge after an
6		offer of proof has been made at a hearing to be held in camera
7		in order to determine whether the defense has evidence to
8		impeach the witness in the event that prior sexual activity
9		with the defendant is denied. Such offer of proof shall
10		include reasonably specific information as to the date, time
11		and place of the past sexual conduct between the alleged
12		victim or corroborating witness under Section 115-7.3 of this
13		Code and the defendant. Unless the court finds that reasonably
14		specific information as to date, time or place, or some
15		combination thereof, has been offered as to prior sexual
16		activity with the defendant, counsel for the defendant shall
17		be ordered to refrain from inquiring into prior sexual
18		activity between the alleged victim or corroborating witness
19		under Section 115-7.3 of this Code and the defendant. The
20		court shall not admit evidence under this Section unless it
21		determines at the hearing that the evidence is relevant and
22		the probative value of the evidence outweighs the danger of
23		unfair prejudice. The evidence shall be admissible at trial to
24		the extent an order made by the court specifies the evidence
25		that may be admitted and areas with respect to which the
26		alleged victim or corroborating witness under Section 115-7.3

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1		of this Code may be examined or cross examined.
2		(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
3		(725 ILCS 5/115-7.3)
4		Sec. 115-7.3. Evidence in certain cases.
5		(a) This Section applies to criminal cases in which:
6		(1) the defendant is accused of predatory criminal
7		sexual assault of a child, aggravated criminal sexual
8		assault, criminal sexual assault, aggravated criminal
9		sexual abuse, criminal sexual abuse, child sexual abuse
10		material pornography, aggravated child sexual abuse
11		material pornography, involuntary servitude, involuntary
12		sexual servitude of a minor, trafficking in persons,
13		criminal transmission of HIV, or child abduction as
14		defined in paragraph (10) of subsection (b) of Section
15		10-5 of the Criminal Code of 1961 or the Criminal Code of
16		2012;
17		(2) the defendant is accused of battery, aggravated
18		battery, first degree murder, or second degree murder when
19		the commission of the offense involves sexual penetration
20		or sexual conduct as defined in Section 11-0.1 of the
21		Criminal Code of 2012; or
22		(3) the defendant is tried or retried for any of the
23		offenses formerly known as rape, deviate sexual assault,
24		indecent liberties with a child, or aggravated indecent
25		liberties with a child.

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

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1		conduct, testimony as to reputation, or testimony in the form
2		of an expert opinion, except that the prosecution may offer
3		reputation testimony only after the opposing party has offered
4		that testimony.
5		(f) In prosecutions for a violation of Section 10-2,
6		11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-3.05, 12-4,
7		12-13, 12-14, 12-14.1, 12-15, 12-16, or 18-5 of the Criminal
8		Code of 1961 or the Criminal Code of 2012, involving the
9		involuntary delivery of a controlled substance to a victim, no
10		inference may be made about the fact that a victim did not
11		consent to a test for the presence of controlled substances.
12		(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
13		98-160, eff. 1-1-14.)
14		(725 ILCS 5/115-7.4)
15		Sec. 115-7.4. Evidence in domestic violence cases.
16		(a) In a criminal prosecution in which the defendant is
17		accused of an offense of domestic violence as defined in
18		paragraphs (1) and (3) of Section 103 of the Illinois Domestic
19		Violence Act of 1986, or first degree murder or second degree
20		murder when the commission of the offense involves domestic
21		violence, involuntary servitude, involuntary sexual servitude
22		of a minor, or trafficking in persons, evidence of the
23		defendant's commission of another offense or offenses of
24		domestic violence is admissible, and may be considered for its
25		bearing on any matter to which it is relevant.

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1		(b) In weighing the probative value of the evidence
2		against undue prejudice to the defendant, the court may
3		consider:
4		(1) the proximity in time to the charged or predicate
5		offense;
6		(2) the degree of factual similarity to the charged or
7		predicate offense; or
8		(3) other relevant facts and circumstances.
9		(c) In a criminal case in which the prosecution intends to
10		offer evidence under this Section, it must disclose the
11		evidence, including statements of witnesses or a summary of
12		the substance of any testimony, at a reasonable time in
13		advance of trial, or during trial if the court excuses
14		pretrial notice on good cause shown.
15		(d) In a criminal case in which evidence is offered under
16		this Section, proof may be made by specific instances of
17		conduct, testimony as to reputation, or testimony in the form
18		of an expert opinion, except that the prosecution may offer
19		reputation testimony only after the opposing party has offered
20		that testimony.
21		(Source: P.A. 97-1036, eff. 8-20-12.)
22		(725 ILCS 5/124B-10)
23		Sec. 124B-10. Applicability; offenses. This Article
24		applies to forfeiture of property in connection with the
25		following:

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1		(1) A violation of Section 10-9 or 10A-10 of the
2		Criminal Code of 1961 or the Criminal Code of 2012
3		(involuntary servitude; involuntary servitude of a minor;
4		or trafficking in persons).
5		(2) A violation of subdivision (a)(1) of Section
6		11-14.4 of the Criminal Code of 1961 or the Criminal Code
7		of 2012 (promoting juvenile prostitution) or a violation
8		of Section 11-17.1 of the Criminal Code of 1961 (keeping a
9		place of juvenile prostitution).
10		(3) A violation of subdivision (a)(4) of Section
11		11-14.4 of the Criminal Code of 1961 or the Criminal Code
12		of 2012 (promoting juvenile prostitution) or a violation
13		of Section 11-19.2 of the Criminal Code of 1961
14		(exploitation of a child).
15		(4) A second or subsequent violation of Section 11-20
16		of the Criminal Code of 1961 or the Criminal Code of 2012
17		(obscenity).
18		(5) A violation of Section 11-20.1 of the Criminal
19		Code of 1961 or the Criminal Code of 2012 (child sexual
20		abuse material pornography).
21		(6) A violation of Section 11-20.1B or 11-20.3 of the
22		Criminal Code of 1961 (aggravated child sexual abuse
23		material pornography).
24		(6.5) A violation of Section 11-23.5 of the Criminal
25		Code of 2012.
26		(7) A violation of Section 12C-65 of the Criminal Code

HB5490 Engrossed - 122 - LRB102 25922 RLC 35294 b
1		of 2012 or Article 44 of the Criminal Code of 1961
2		(unlawful transfer of a telecommunications device to a
3		minor).
4		(8) A violation of Section 17-50 or Section 16D-5 of
5		the Criminal Code of 2012 or the Criminal Code of 1961
6		(computer fraud).
7		(9) A felony violation of Section 17-6.3 or Article
8		17B of the Criminal Code of 2012 or the Criminal Code of
9		1961 (WIC fraud).
10		(10) A felony violation of Section 48-1 of the
11		Criminal Code of 2012 or Section 26-5 of the Criminal Code
12		of 1961 (dog fighting).
13		(11) A violation of Article 29D of the Criminal Code
14		of 1961 or the Criminal Code of 2012 (terrorism).
15		(12) A felony violation of Section 4.01 of the Humane
16		Care for Animals Act (animals in entertainment).
17		(Source: P.A. 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13;
18		97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-1138, eff.
19		6-1-15.)
20		(725 ILCS 5/124B-100)
21		Sec. 124B-100. Definition; "offense". For purposes of this
22		Article, "offense" is defined as follows:
23		(1) In the case of forfeiture authorized under Section
24		10A-15 of the Criminal Code of 1961 or Section 10-9 of the
25		Criminal Code of 2012, "offense" means the offense of

HB5490 Engrossed - 123 - LRB102 25922 RLC 35294 b
1		involuntary servitude, involuntary servitude of a minor,
2		or trafficking in persons in violation of Section 10-9 or
3		10A-10 of those Codes.
4		(2) In the case of forfeiture authorized under
5		subdivision (a)(1) of Section 11-14.4, or Section 11-17.1,
6		of the Criminal Code of 1961 or the Criminal Code of 2012,
7		"offense" means the offense of promoting juvenile
8		prostitution or keeping a place of juvenile prostitution
9		in violation of subdivision (a)(1) of Section 11-14.4, or
10		Section 11-17.1, of those Codes.
11		(3) In the case of forfeiture authorized under
12		subdivision (a)(4) of Section 11-14.4, or Section 11-19.2,
13		of the Criminal Code of 1961 or the Criminal Code of 2012,
14		"offense" means the offense of promoting juvenile
15		prostitution or exploitation of a child in violation of
16		subdivision (a)(4) of Section 11-14.4, or Section 11-19.2,
17		of those Codes.
18		(4) In the case of forfeiture authorized under Section
19		11-20 of the Criminal Code of 1961 or the Criminal Code of
20		2012, "offense" means the offense of obscenity in
21		violation of that Section.
22		(5) In the case of forfeiture authorized under Section
23		11-20.1 of the Criminal Code of 1961 or the Criminal Code
24		of 2012, "offense" means the offense of child sexual abuse
25		material pornography in violation of Section 11-20.1 of
26		that Code.

HB5490 Engrossed - 124 - LRB102 25922 RLC 35294 b
1		(6) In the case of forfeiture authorized under Section
2		11-20.1B or 11-20.3 of the Criminal Code of 1961,
3		"offense" means the offense of aggravated child sexual
4		abuse material pornography in violation of Section
5		11-20.1B or 11-20.3 of that Code.
6		(7) In the case of forfeiture authorized under Section
7		12C-65 of the Criminal Code of 2012 or Article 44 of the
8		Criminal Code of 1961, "offense" means the offense of
9		unlawful transfer of a telecommunications device to a
10		minor in violation of Section 12C-65 or Article 44 of
11		those Codes.
12		(8) In the case of forfeiture authorized under Section
13		17-50 or 16D-5 of the Criminal Code of 1961 or the Criminal
14		Code of 2012, "offense" means the offense of computer
15		fraud in violation of Section 17-50 or 16D-5 of those
16		Codes.
17		(9) In the case of forfeiture authorized under Section
18		17-6.3 or Article 17B of the Criminal Code of 1961 or the
19		Criminal Code of 2012, "offense" means any felony
20		violation of Section 17-6.3 or Article 17B of those Codes.
21		(10) In the case of forfeiture authorized under
22		Section 29D-65 of the Criminal Code of 1961 or the
23		Criminal Code of 2012, "offense" means any offense under
24		Article 29D of that Code.
25		(11) In the case of forfeiture authorized under
26		Section 4.01 of the Humane Care for Animals Act, Section

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1		26-5 of the Criminal Code of 1961, or Section 48-1 of the
2		Criminal Code of 2012, "offense" means any felony offense
3		under either of those Sections.
4		(12) In the case of forfeiture authorized under
5		Section 124B-1000(b) of the Code of Criminal Procedure of
6		1963, "offense" means an offense in violation of the
7		Criminal Code of 1961, the Criminal Code of 2012, the
8		Illinois Controlled Substances Act, the Cannabis Control
9		Act, or the Methamphetamine Control and Community
10		Protection Act, or an offense involving a
11		telecommunications device possessed by a person on the
12		real property of any elementary or secondary school
13		without authority of the school principal.
14		(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11;
15		97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.
16		1-1-13; 97-1150, eff. 1-25-13.)
17		(725 ILCS 5/124B-420)
18		Sec. 124B-420. Distribution of property and sale proceeds.
19		(a) All moneys and the sale proceeds of all other property
20		forfeited and seized under this Part 400 shall be distributed
21		as follows:
22		(1) 50% shall be distributed to the unit of local
23		government whose officers or employees conducted the
24		investigation into the offense and caused the arrest or
25		arrests and prosecution leading to the forfeiture, except

HB5490 Engrossed - 126 - LRB102 25922 RLC 35294 b
1		that if the investigation, arrest or arrests, and
2		prosecution leading to the forfeiture were undertaken by
3		the sheriff, this portion shall be distributed to the
4		county for deposit into a special fund in the county
5		treasury appropriated to the sheriff. Amounts distributed
6		to the county for the sheriff or to units of local
7		government under this paragraph shall be used for
8		enforcement of laws or ordinances governing obscenity and
9		child sexual abuse material pornography. If the
10		investigation, arrest or arrests, and prosecution leading
11		to the forfeiture were undertaken solely by a State
12		agency, however, the portion designated in this paragraph
13		shall be paid into the State treasury to be used for
14		enforcement of laws governing obscenity and child sexual
15		abuse material pornography.
16		(2) 25% shall be distributed to the county in which
17		the prosecution resulting in the forfeiture was
18		instituted, deposited into a special fund in the county
19		treasury, and appropriated to the State's Attorney for use
20		in the enforcement of laws governing obscenity and child
21		sexual abuse material pornography.
22		(3) 25% shall be distributed to the Office of the
23		State's Attorneys Appellate Prosecutor and deposited into
24		the Obscenity Profits Forfeiture Fund, which is hereby
25		created in the State treasury, to be used by the Office of
26		the State's Attorneys Appellate Prosecutor for additional

HB5490 Engrossed - 127 - LRB102 25922 RLC 35294 b
1		expenses incurred in prosecuting appeals arising under
2		Sections 11-20, 11-20.1, 11-20.1B, and 11-20.3 of the
3		Criminal Code of 1961 or the Criminal Code of 2012. Any
4		amounts remaining in the Fund after all additional
5		expenses have been paid shall be used by the Office to
6		reduce the participating county contributions to the
7		Office on a pro-rated basis as determined by the board of
8		governors of the Office of the State's Attorneys Appellate
9		Prosecutor based on the populations of the participating
10		counties.
11		(b) Before any distribution under subsection (a), the
12		Attorney General or State's Attorney shall retain from the
13		forfeited moneys or sale proceeds, or both, sufficient moneys
14		to cover expenses related to the administration and sale of
15		the forfeited property.
16		(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11;
17		97-1150, eff. 1-25-13.)
18		(725 ILCS 5/124B-500)
19		Sec. 124B-500. Persons and property subject to forfeiture.
20		A person who commits child sexual abuse material pornography,
21		aggravated child sexual abuse material pornography, or
22		non-consensual dissemination of private sexual images under
23		Section 11-20.1, 11-20.1B, 11-20.3, or 11-23.5 of the Criminal
24		Code of 1961 or the Criminal Code of 2012 shall forfeit the
25		following property to the State of Illinois:

HB5490 Engrossed - 128 - LRB102 25922 RLC 35294 b
1		(1) Any profits or proceeds and any property the
2		person has acquired or maintained in violation of Section
3		11-20.1, 11-20.1B, 11-20.3, or 11-23.5 of the Criminal
4		Code of 1961 or the Criminal Code of 2012 that the
5		sentencing court determines, after a forfeiture hearing
6		under this Article, to have been acquired or maintained as
7		a result of child sexual abuse material pornography,
8		aggravated child sexual abuse material pornography, or
9		non-consensual dissemination of private sexual images.
10		(2) Any interest in, securities of, claim against, or
11		property or contractual right of any kind affording a
12		source of influence over any enterprise that the person
13		has established, operated, controlled, or conducted in
14		violation of Section 11-20.1, 11-20.1B, 11-20.3, or
15		11-23.5 of the Criminal Code of 1961 or the Criminal Code
16		of 2012 that the sentencing court determines, after a
17		forfeiture hearing under this Article, to have been
18		acquired or maintained as a result of child sexual abuse
19		material pornography, aggravated child sexual abuse
20		material pornography, or non-consensual dissemination of
21		private sexual images.
22		(3) Any computer that contains a depiction of child
23		sexual abuse material pornography in any encoded or
24		decoded format in violation of Section 11-20.1, 11-20.1B,
25		or 11-20.3 of the Criminal Code of 1961 or the Criminal
26		Code of 2012. For purposes of this paragraph (3),

HB5490 Engrossed - 129 - LRB102 25922 RLC 35294 b
1		"computer" has the meaning ascribed to it in Section
2		17-0.5 of the Criminal Code of 2012.
3		(Source: P.A. 97-1150, eff. 1-25-13; 98-1013, eff. 1-1-15;
4		98-1138, eff. 6-1-15.)
5		Section 60. The Statewide Grand Jury Act is amended by
6		changing Sections 2 and 3 as follows:
7		(725 ILCS 215/2) (from Ch. 38, par. 1702)
8		Sec. 2. (a) County grand juries and State's Attorneys have
9		always had and shall continue to have primary responsibility
10		for investigating, indicting, and prosecuting persons who
11		violate the criminal laws of the State of Illinois. However,
12		in recent years organized terrorist activity directed against
13		innocent civilians and certain criminal enterprises have
14		developed that require investigation, indictment, and
15		prosecution on a statewide or multicounty level. The criminal
16		enterprises exist as a result of the allure of profitability
17		present in narcotic activity, the unlawful sale and transfer
18		of firearms, and streetgang related felonies and organized
19		terrorist activity is supported by the contribution of money
20		and expert assistance from geographically diverse sources. In
21		order to shut off the life blood of terrorism and weaken or
22		eliminate the criminal enterprises, assets, and property used
23		to further these offenses must be frozen, and any profit must
24		be removed. State statutes exist that can accomplish that

HB5490 Engrossed - 130 - LRB102 25922 RLC 35294 b
1		goal. Among them are the offense of money laundering,
2		violations of Article 29D of the Criminal Code of 1961 or the
3		Criminal Code of 2012, the Narcotics Profit Forfeiture Act,
4		and gunrunning. Local prosecutors need investigative personnel
5		and specialized training to attack and eliminate these
6		profits. In light of the transitory and complex nature of
7		conduct that constitutes these criminal activities, the many
8		diverse property interests that may be used, acquired directly
9		or indirectly as a result of these criminal activities, and
10		the many places that illegally obtained property may be
11		located, it is the purpose of this Act to create a limited,
12		multicounty Statewide Grand Jury with authority to
13		investigate, indict, and prosecute: narcotic activity,
14		including cannabis and controlled substance trafficking,
15		narcotics racketeering, money laundering, violations of the
16		Cannabis and Controlled Substances Tax Act, and violations of
17		Article 29D of the Criminal Code of 1961 or the Criminal Code
18		of 2012; the unlawful sale and transfer of firearms;
19		gunrunning; and streetgang related felonies.
20		(b) A Statewide Grand Jury may also investigate, indict,
21		and prosecute violations facilitated by the use of a computer
22		of any of the following offenses: indecent solicitation of a
23		child, sexual exploitation of a child, soliciting for a
24		juvenile prostitute, keeping a place of juvenile prostitution,
25		juvenile pimping, child sexual abuse material pornography,
26		aggravated child sexual abuse material pornography, or

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1		promoting juvenile prostitution except as described in
2		subdivision (a)(4) of Section 11-14.4 of the Criminal Code of
3		1961 or the Criminal Code of 2012.
4		(Source: P.A. 101-593, eff. 12-4-19.)
5		(725 ILCS 215/3) (from Ch. 38, par. 1703)
6		Sec. 3. Written application for the appointment of a
7		Circuit Judge to convene and preside over a Statewide Grand
8		Jury, with jurisdiction extending throughout the State, shall
9		be made to the Chief Justice of the Supreme Court. Upon such
10		written application, the Chief Justice of the Supreme Court
11		shall appoint a Circuit Judge from the circuit where the
12		Statewide Grand Jury is being sought to be convened, who shall
13		make a determination that the convening of a Statewide Grand
14		Jury is necessary.
15		In such application the Attorney General shall state that
16		the convening of a Statewide Grand Jury is necessary because
17		of an alleged offense or offenses set forth in this Section
18		involving more than one county of the State and identifying
19		any such offense alleged; and
20		(a) that he or she believes that the grand jury
21		function for the investigation and indictment of the
22		offense or offenses cannot effectively be performed by a
23		county grand jury together with the reasons for such
24		belief, and
25		(b)(1) that each State's Attorney with jurisdiction

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1		over an offense or offenses to be investigated has
2		consented to the impaneling of the Statewide Grand Jury,
3		or
4		(2) if one or more of the State's Attorneys having
5		jurisdiction over an offense or offenses to be
6		investigated fails to consent to the impaneling of the
7		Statewide Grand Jury, the Attorney General shall set forth
8		good cause for impaneling the Statewide Grand Jury.
9		If the Circuit Judge determines that the convening of a
10		Statewide Grand Jury is necessary, he or she shall convene and
11		impanel the Statewide Grand Jury with jurisdiction extending
12		throughout the State to investigate and return indictments:
13		(a) For violations of any of the following or for any
14		other criminal offense committed in the course of
15		violating any of the following: Article 29D of the
16		Criminal Code of 1961 or the Criminal Code of 2012, the
17		Illinois Controlled Substances Act, the Cannabis Control
18		Act, the Methamphetamine Control and Community Protection
19		Act, or the Narcotics Profit Forfeiture Act; a streetgang
20		related felony offense; Section 24-2.1, 24-2.2, 24-3,
21		24-3A, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection
22		24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9),
23		24-1(a)(10), or 24-1(c) of the Criminal Code of 1961 or
24		the Criminal Code of 2012; or a money laundering offense;
25		provided that the violation or offense involves acts
26		occurring in more than one county of this State; and

HB5490 Engrossed - 133 - LRB102 25922 RLC 35294 b
1		(a-5) For violations facilitated by the use of a
2		computer, including the use of the Internet, the World
3		Wide Web, electronic mail, message board, newsgroup, or
4		any other commercial or noncommercial on-line service, of
5		any of the following offenses: indecent solicitation of a
6		child, sexual exploitation of a child, soliciting for a
7		juvenile prostitute, keeping a place of juvenile
8		prostitution, juvenile pimping, child sexual abuse
9		material pornography, aggravated child sexual abuse
10		material pornography, or promoting juvenile prostitution
11		except as described in subdivision (a)(4) of Section
12		11-14.4 of the Criminal Code of 1961 or the Criminal Code
13		of 2012; and
14		(b) For the offenses of perjury, subornation of
15		perjury, communicating with jurors and witnesses, and
16		harassment of jurors and witnesses, as they relate to
17		matters before the Statewide Grand Jury.
18		"Streetgang related" has the meaning ascribed to it in
19		Section 10 of the Illinois Streetgang Terrorism Omnibus
20		Prevention Act.
21		Upon written application by the Attorney General for the
22		convening of an additional Statewide Grand Jury, the Chief
23		Justice of the Supreme Court shall appoint a Circuit Judge
24		from the circuit for which the additional Statewide Grand Jury
25		is sought. The Circuit Judge shall determine the necessity for
26		an additional Statewide Grand Jury in accordance with the

HB5490 Engrossed - 134 - LRB102 25922 RLC 35294 b
1		provisions of this Section. No more than 2 Statewide Grand
2		Juries may be empaneled at any time.
3		(Source: P.A. 101-593, eff. 12-4-19.)
4		Section 65. The Unified Code of Corrections is amended by
5		changing Sections 3-1-2, 3-12.5-10, 5-5-3, 5-5-3.2, 5-8-1,
6		5-8-4, 5-9-1.7, and 5-9-1.8 as follows:
7		(730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)
8		(Text of Section before amendment by P.A. 102-616)
9		Sec. 3-1-2. Definitions.
10		(a) "Chief Administrative Officer" means the person
11		designated by the Director to exercise the powers and duties
12		of the Department of Corrections in regard to committed
13		persons within a correctional institution or facility, and
14		includes the superintendent of any juvenile institution or
15		facility.
16		(a-3) "Aftercare release" means the conditional and
17		revocable release of a person committed to the Department of
18		Juvenile Justice under the Juvenile Court Act of 1987, under
19		the supervision of the Department of Juvenile Justice.
20		(a-5) "Sex offense" for the purposes of paragraph (16) of
21		subsection (a) of Section 3-3-7, paragraph (10) of subsection
22		(a) of Section 5-6-3, and paragraph (18) of subsection (c) of
23		Section 5-6-3.1 only means:
24		(i) A violation of any of the following Sections of

HB5490 Engrossed - 135 - LRB102 25922 RLC 35294 b
1		the Criminal Code of 1961 or the Criminal Code of 2012:
2		10-7 (aiding or abetting child abduction under Section
3		10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent
4		solicitation of a child), 11-6.5 (indecent solicitation of
5		an adult), 11-14.4 (promoting juvenile prostitution),
6		11-15.1 (soliciting for a juvenile prostitute), 11-17.1
7		(keeping a place of juvenile prostitution), 11-18.1
8		(patronizing a juvenile prostitute), 11-19.1 (juvenile
9		pimping), 11-19.2 (exploitation of a child), 11-20.1
10		(child sexual abuse material pornography), 11-20.1B or
11		11-20.3 (aggravated child sexual abuse material
12		pornography), 11-1.40 or 12-14.1 (predatory criminal
13		sexual assault of a child), or 12-33 (ritualized abuse of
14		a child). An attempt to commit any of these offenses.
15		(ii) A violation of any of the following Sections of
16		the Criminal Code of 1961 or the Criminal Code of 2012:
17		11-1.20 or 12-13 (criminal sexual assault), 11-1.30 or
18		12-14 (aggravated criminal sexual assault), 11-1.60 or
19		12-16 (aggravated criminal sexual abuse), and subsection
20		(a) of Section 11-1.50 or subsection (a) of Section 12-15
21		(criminal sexual abuse). An attempt to commit any of these
22		offenses.
23		(iii) A violation of any of the following Sections of
24		the Criminal Code of 1961 or the Criminal Code of 2012 when
25		the defendant is not a parent of the victim:
26		10-1 (kidnapping),

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1		10-2 (aggravated kidnapping),
2		10-3 (unlawful restraint),
3		10-3.1 (aggravated unlawful restraint).
4		An attempt to commit any of these offenses.
5		(iv) A violation of any former law of this State
6		substantially equivalent to any offense listed in this
7		subsection (a-5).
8		An offense violating federal law or the law of another
9		state that is substantially equivalent to any offense listed
10		in this subsection (a-5) shall constitute a sex offense for
11		the purpose of this subsection (a-5). A finding or
12		adjudication as a sexually dangerous person under any federal
13		law or law of another state that is substantially equivalent
14		to the Sexually Dangerous Persons Act shall constitute an
15		adjudication for a sex offense for the purposes of this
16		subsection (a-5).
17		(b) "Commitment" means a judicially determined placement
18		in the custody of the Department of Corrections on the basis of
19		delinquency or conviction.
20		(c) "Committed person" is a person committed to the
21		Department, however a committed person shall not be considered
22		to be an employee of the Department of Corrections for any
23		purpose, including eligibility for a pension, benefits, or any
24		other compensation or rights or privileges which may be
25		provided to employees of the Department.
26		(c-5) "Computer scrub software" means any third-party

HB5490 Engrossed - 137 - LRB102 25922 RLC 35294 b
1		added software, designed to delete information from the
2		computer unit, the hard drive, or other software, which would
3		eliminate and prevent discovery of browser activity,
4		including, but not limited to, Internet history, address bar
5		or bars, cache or caches, and/or cookies, and which would
6		over-write files in a way so as to make previous computer
7		activity, including, but not limited to, website access, more
8		difficult to discover.
9		(c-10) "Content-controlled tablet" means any device that
10		can only access visitation applications or content relating to
11		educational or personal development.
12		(d) "Correctional institution or facility" means any
13		building or part of a building where committed persons are
14		kept in a secured manner.
15		(e) "Department" means both the Department of Corrections
16		and the Department of Juvenile Justice of this State, unless
17		the context is specific to either the Department of
18		Corrections or the Department of Juvenile Justice.
19		(f) "Director" means both the Director of Corrections and
20		the Director of Juvenile Justice, unless the context is
21		specific to either the Director of Corrections or the Director
22		of Juvenile Justice.
23		(f-5) (Blank).
24		(g) "Discharge" means the final termination of a
25		commitment to the Department of Corrections.
26		(h) "Discipline" means the rules and regulations for the

HB5490 Engrossed - 138 - LRB102 25922 RLC 35294 b
1		maintenance of order and the protection of persons and
2		property within the institutions and facilities of the
3		Department and their enforcement.
4		(i) "Escape" means the intentional and unauthorized
5		absence of a committed person from the custody of the
6		Department.
7		(j) "Furlough" means an authorized leave of absence from
8		the Department of Corrections for a designated purpose and
9		period of time.
10		(k) "Parole" means the conditional and revocable release
11		of a person committed to the Department of Corrections under
12		the supervision of a parole officer.
13		(l) "Prisoner Review Board" means the Board established in
14		Section 3-3-1(a), independent of the Department, to review
15		rules and regulations with respect to good time credits, to
16		hear charges brought by the Department against certain
17		prisoners alleged to have violated Department rules with
18		respect to good time credits, to set release dates for certain
19		prisoners sentenced under the law in effect prior to February
20		1, 1978 (the effective date of Public Act 80-1099), to hear and
21		decide the time of aftercare release for persons committed to
22		the Department of Juvenile Justice under the Juvenile Court
23		Act of 1987 to hear requests and make recommendations to the
24		Governor with respect to pardon, reprieve or commutation, to
25		set conditions for parole, aftercare release, and mandatory
26		supervised release and determine whether violations of those

HB5490 Engrossed - 139 - LRB102 25922 RLC 35294 b
1		conditions justify revocation of parole or release, and to
2		assume all other functions previously exercised by the
3		Illinois Parole and Pardon Board.
4		(m) Whenever medical treatment, service, counseling, or
5		care is referred to in this Unified Code of Corrections, such
6		term may be construed by the Department or Court, within its
7		discretion, to include treatment, service, or counseling by a
8		Christian Science practitioner or nursing care appropriate
9		therewith whenever request therefor is made by a person
10		subject to the provisions of this Code.
11		(n) "Victim" shall have the meaning ascribed to it in
12		subsection (a) of Section 3 of the Rights of Crime Victims and
13		Witnesses Act.
14		(o) "Wrongfully imprisoned person" means a person who has
15		been discharged from a prison of this State and has received:
16		(1) a pardon from the Governor stating that such
17		pardon is issued on the ground of innocence of the crime
18		for which he or she was imprisoned; or
19		(2) a certificate of innocence from the Circuit Court
20		as provided in Section 2-702 of the Code of Civil
21		Procedure.
22		(Source: P.A. 102-558, eff. 8-20-21.)
23		(Text of Section after amendment by P.A. 102-616)
24		Sec. 3-1-2. Definitions.
25		(a) "Chief Administrative Officer" means the person

HB5490 Engrossed - 140 - LRB102 25922 RLC 35294 b
1		designated by the Director to exercise the powers and duties
2		of the Department of Corrections in regard to committed
3		persons within a correctional institution or facility, and
4		includes the superintendent of any juvenile institution or
5		facility.
6		(a-3) "Aftercare release" means the conditional and
7		revocable release of a person committed to the Department of
8		Juvenile Justice under the Juvenile Court Act of 1987, under
9		the supervision of the Department of Juvenile Justice.
10		(a-5) "Sex offense" for the purposes of paragraph (16) of
11		subsection (a) of Section 3-3-7, paragraph (10) of subsection
12		(a) of Section 5-6-3, and paragraph (18) of subsection (c) of
13		Section 5-6-3.1 only means:
14		(i) A violation of any of the following Sections of
15		the Criminal Code of 1961 or the Criminal Code of 2012:
16		10-7 (aiding or abetting child abduction under Section
17		10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent
18		solicitation of a child), 11-6.5 (indecent solicitation of
19		an adult), 11-14.4 (promoting juvenile prostitution),
20		11-15.1 (soliciting for a juvenile prostitute), 11-17.1
21		(keeping a place of juvenile prostitution), 11-18.1
22		(patronizing a juvenile prostitute), 11-19.1 (juvenile
23		pimping), 11-19.2 (exploitation of a child), 11-20.1
24		(child sexual abuse material pornography), 11-20.1B or
25		11-20.3 (aggravated child sexual abuse material
26		pornography), 11-1.40 or 12-14.1 (predatory criminal

HB5490 Engrossed - 141 - LRB102 25922 RLC 35294 b
1		sexual assault of a child), or 12-33 (ritualized abuse of
2		a child). An attempt to commit any of these offenses.
3		(ii) A violation of any of the following Sections of
4		the Criminal Code of 1961 or the Criminal Code of 2012:
5		11-1.20 or 12-13 (criminal sexual assault), 11-1.30 or
6		12-14 (aggravated criminal sexual assault), 11-1.60 or
7		12-16 (aggravated criminal sexual abuse), and subsection
8		(a) of Section 11-1.50 or subsection (a) of Section 12-15
9		(criminal sexual abuse). An attempt to commit any of these
10		offenses.
11		(iii) A violation of any of the following Sections of
12		the Criminal Code of 1961 or the Criminal Code of 2012 when
13		the defendant is not a parent of the victim:
14		10-1 (kidnapping),
15		10-2 (aggravated kidnapping),
16		10-3 (unlawful restraint),
17		10-3.1 (aggravated unlawful restraint).
18		An attempt to commit any of these offenses.
19		(iv) A violation of any former law of this State
20		substantially equivalent to any offense listed in this
21		subsection (a-5).
22		An offense violating federal law or the law of another
23		state that is substantially equivalent to any offense listed
24		in this subsection (a-5) shall constitute a sex offense for
25		the purpose of this subsection (a-5). A finding or
26		adjudication as a sexually dangerous person under any federal

HB5490 Engrossed - 142 - LRB102 25922 RLC 35294 b
1		law or law of another state that is substantially equivalent
2		to the Sexually Dangerous Persons Act shall constitute an
3		adjudication for a sex offense for the purposes of this
4		subsection (a-5).
5		(b) "Commitment" means a judicially determined placement
6		in the custody of the Department of Corrections on the basis of
7		delinquency or conviction.
8		(c) "Committed person" is a person committed to the
9		Department, however a committed person shall not be considered
10		to be an employee of the Department of Corrections for any
11		purpose, including eligibility for a pension, benefits, or any
12		other compensation or rights or privileges which may be
13		provided to employees of the Department.
14		(c-5) "Computer scrub software" means any third-party
15		added software, designed to delete information from the
16		computer unit, the hard drive, or other software, which would
17		eliminate and prevent discovery of browser activity,
18		including, but not limited to, Internet history, address bar
19		or bars, cache or caches, and/or cookies, and which would
20		over-write files in a way so as to make previous computer
21		activity, including, but not limited to, website access, more
22		difficult to discover.
23		(c-10) "Content-controlled tablet" means any device that
24		can only access visitation applications or content relating to
25		educational or personal development.
26		(d) "Correctional institution or facility" means any

HB5490 Engrossed - 143 - LRB102 25922 RLC 35294 b
1		building or part of a building where committed persons are
2		kept in a secured manner.
3		(d-5) "Correctional officer" means: an employee of the
4		Department of Corrections who has custody and control over
5		committed persons in an adult correctional facility; or, for
6		an employee of the Department of Juvenile Justice, direct care
7		staff of persons committed to a juvenile facility.
8		(e) "Department" means both the Department of Corrections
9		and the Department of Juvenile Justice of this State, unless
10		the context is specific to either the Department of
11		Corrections or the Department of Juvenile Justice.
12		(f) "Director" means both the Director of Corrections and
13		the Director of Juvenile Justice, unless the context is
14		specific to either the Director of Corrections or the Director
15		of Juvenile Justice.
16		(f-5) (Blank).
17		(g) "Discharge" means the final termination of a
18		commitment to the Department of Corrections.
19		(h) "Discipline" means the rules and regulations for the
20		maintenance of order and the protection of persons and
21		property within the institutions and facilities of the
22		Department and their enforcement.
23		(i) "Escape" means the intentional and unauthorized
24		absence of a committed person from the custody of the
25		Department.
26		(j) "Furlough" means an authorized leave of absence from

HB5490 Engrossed - 144 - LRB102 25922 RLC 35294 b
1		the Department of Corrections for a designated purpose and
2		period of time.
3		(k) "Parole" means the conditional and revocable release
4		of a person committed to the Department of Corrections under
5		the supervision of a parole officer.
6		(l) "Prisoner Review Board" means the Board established in
7		Section 3-3-1(a), independent of the Department, to review
8		rules and regulations with respect to good time credits, to
9		hear charges brought by the Department against certain
10		prisoners alleged to have violated Department rules with
11		respect to good time credits, to set release dates for certain
12		prisoners sentenced under the law in effect prior to February
13		1, 1978 (the effective date of Public Act 80-1099), to hear and
14		decide the time of aftercare release for persons committed to
15		the Department of Juvenile Justice under the Juvenile Court
16		Act of 1987 to hear requests and make recommendations to the
17		Governor with respect to pardon, reprieve or commutation, to
18		set conditions for parole, aftercare release, and mandatory
19		supervised release and determine whether violations of those
20		conditions justify revocation of parole or release, and to
21		assume all other functions previously exercised by the
22		Illinois Parole and Pardon Board.
23		(m) Whenever medical treatment, service, counseling, or
24		care is referred to in this Unified Code of Corrections, such
25		term may be construed by the Department or Court, within its
26		discretion, to include treatment, service, or counseling by a

HB5490 Engrossed - 145 - LRB102 25922 RLC 35294 b
1		Christian Science practitioner or nursing care appropriate
2		therewith whenever request therefor is made by a person
3		subject to the provisions of this Code.
4		(n) "Victim" shall have the meaning ascribed to it in
5		subsection (a) of Section 3 of the Rights of Crime Victims and
6		Witnesses Act.
7		(o) "Wrongfully imprisoned person" means a person who has
8		been discharged from a prison of this State and has received:
9		(1) a pardon from the Governor stating that such
10		pardon is issued on the ground of innocence of the crime
11		for which he or she was imprisoned; or
12		(2) a certificate of innocence from the Circuit Court
13		as provided in Section 2-702 of the Code of Civil
14		Procedure.
15		(Source: P.A. 102-558, eff. 8-20-21; 102-616, eff. 1-1-22.)
16		(730 ILCS 5/3-12.5-10)
17		(Section scheduled to be repealed on August 24, 2022)
18		Sec. 3-12.5-10. Selection. Inmates may be selected to
19		participate in the pre-release Prisoner Entrepreneur Education
20		Program only if all of the following conditions are met:
21		(1) the inmate is within 3 years of being released
22		from custody of the Department of Corrections;
23		(2) the inmate has not been disciplined by the
24		Department of Corrections within the past year;
25		(3) the inmate has a high school diploma or GED;

HB5490 Engrossed - 146 - LRB102 25922 RLC 35294 b
1		(4) the inmate has never been convicted of an offense
2		described in Subdivision 5 of Article 11 of the Criminal
3		Code of 2012 (major sex offenses), Subdivision 10 of
4		Article 11 of the Criminal Code of 2012 (vulnerable victim
5		sex offenses), Section 11-20.1 of Subdivision 20 of
6		Article 11 of the Criminal Code of 2012 (child sexual
7		abuse material pornography offenses), or similar offenses
8		under the Criminal Code of 1961;
9		(5) the inmate is not currently affiliated with a
10		gang; and
11		(6) the inmate is committed to personal change.
12		(Source: P.A. 100-283, eff. 8-24-17.)
13		(730 ILCS 5/5-5-3)
14		Sec. 5-5-3. Disposition.
15		(a) (Blank).
16		(b) (Blank).
17		(c) (1) (Blank).
18		(2) A period of probation, a term of periodic imprisonment
19		or conditional discharge shall not be imposed for the
20		following offenses. The court shall sentence the offender to
21		not less than the minimum term of imprisonment set forth in
22		this Code for the following offenses, and may order a fine or
23		restitution or both in conjunction with such term of
24		imprisonment:
25		(A) First degree murder where the death penalty is not

HB5490 Engrossed - 147 - LRB102 25922 RLC 35294 b
1		imposed.
2		(B) Attempted first degree murder.
3		(C) A Class X felony.
4		(D) A violation of Section 401.1 or 407 of the
5		Illinois Controlled Substances Act, or a violation of
6		subdivision (c)(1.5) of Section 401 of that Act which
7		relates to more than 5 grams of a substance containing
8		fentanyl or an analog thereof.
9		(D-5) A violation of subdivision (c)(1) of Section 401
10		of the Illinois Controlled Substances Act which relates to
11		3 or more grams of a substance containing heroin or an
12		analog thereof.
13		(E) (Blank).
14		(F) A Class 1 or greater felony if the offender had
15		been convicted of a Class 1 or greater felony, including
16		any state or federal conviction for an offense that
17		contained, at the time it was committed, the same elements
18		as an offense now (the date of the offense committed after
19		the prior Class 1 or greater felony) classified as a Class
20		1 or greater felony, within 10 years of the date on which
21		the offender committed the offense for which he or she is
22		being sentenced, except as otherwise provided in Section
23		40-10 of the Substance Use Disorder Act.
24		(F-3) A Class 2 or greater felony sex offense or
25		felony firearm offense if the offender had been convicted
26		of a Class 2 or greater felony, including any state or

HB5490 Engrossed - 148 - LRB102 25922 RLC 35294 b
1		federal conviction for an offense that contained, at the
2		time it was committed, the same elements as an offense now
3		(the date of the offense committed after the prior Class 2
4		or greater felony) classified as a Class 2 or greater
5		felony, within 10 years of the date on which the offender
6		committed the offense for which he or she is being
7		sentenced, except as otherwise provided in Section 40-10
8		of the Substance Use Disorder Act.
9		(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
10		of the Criminal Code of 1961 or the Criminal Code of 2012
11		for which imprisonment is prescribed in those Sections.
12		(G) Residential burglary, except as otherwise provided
13		in Section 40-10 of the Substance Use Disorder Act.
14		(H) Criminal sexual assault.
15		(I) Aggravated battery of a senior citizen as
16		described in Section 12-4.6 or subdivision (a)(4) of
17		Section 12-3.05 of the Criminal Code of 1961 or the
18		Criminal Code of 2012.
19		(J) A forcible felony if the offense was related to
20		the activities of an organized gang.
21		Before July 1, 1994, for the purposes of this
22		paragraph, "organized gang" means an association of 5 or
23		more persons, with an established hierarchy, that
24		encourages members of the association to perpetrate crimes
25		or provides support to the members of the association who
26		do commit crimes.

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1		Beginning July 1, 1994, for the purposes of this
2		paragraph, "organized gang" has the meaning ascribed to it
3		in Section 10 of the Illinois Streetgang Terrorism Omnibus
4		Prevention Act.
5		(K) Vehicular hijacking.
6		(L) A second or subsequent conviction for the offense
7		of hate crime when the underlying offense upon which the
8		hate crime is based is felony aggravated assault or felony
9		mob action.
10		(M) A second or subsequent conviction for the offense
11		of institutional vandalism if the damage to the property
12		exceeds $300.
13		(N) A Class 3 felony violation of paragraph (1) of
14		subsection (a) of Section 2 of the Firearm Owners
15		Identification Card Act.
16		(O) A violation of Section 12-6.1 or 12-6.5 of the
17		Criminal Code of 1961 or the Criminal Code of 2012.
18		(P) A violation of paragraph (1), (2), (3), (4), (5),
19		or (7) of subsection (a) of Section 11-20.1 of the
20		Criminal Code of 1961 or the Criminal Code of 2012.
21		(P-5) A violation of paragraph (6) of subsection (a)
22		of Section 11-20.1 of the Criminal Code of 1961 or the
23		Criminal Code of 2012 if the victim is a household or
24		family member of the defendant.
25		(Q) A violation of subsection (b) or (b-5) of Section
26		20-1, Section 20-1.2, or Section 20-1.3 of the Criminal

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1		Code of 1961 or the Criminal Code of 2012.
2		(R) A violation of Section 24-3A of the Criminal Code
3		of 1961 or the Criminal Code of 2012.
4		(S) (Blank).
5		(T) (Blank).
6		(U) A second or subsequent violation of Section 6-303
7		of the Illinois Vehicle Code committed while his or her
8		driver's license, permit, or privilege was revoked because
9		of a violation of Section 9-3 of the Criminal Code of 1961
10		or the Criminal Code of 2012, relating to the offense of
11		reckless homicide, or a similar provision of a law of
12		another state.
13		(V) A violation of paragraph (4) of subsection (c) of
14		Section 11-20.1B or paragraph (4) of subsection (c) of
15		Section 11-20.3 of the Criminal Code of 1961, or paragraph
16		(6) of subsection (a) of Section 11-20.1 of the Criminal
17		Code of 2012 when the victim is under 13 years of age and
18		the defendant has previously been convicted under the laws
19		of this State or any other state of the offense of child
20		sexual abuse material pornography, aggravated child sexual
21		abuse material pornography, aggravated criminal sexual
22		abuse, aggravated criminal sexual assault, predatory
23		criminal sexual assault of a child, or any of the offenses
24		formerly known as rape, deviate sexual assault, indecent
25		liberties with a child, or aggravated indecent liberties
26		with a child where the victim was under the age of 18 years

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

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1		subsection (a) of Section 24-3B of the Criminal Code of
2		2012.
3		(3) (Blank).
4		(4) A minimum term of imprisonment of not less than 10
5		consecutive days or 30 days of community service shall be
6		imposed for a violation of paragraph (c) of Section 6-303 of
7		the Illinois Vehicle Code.
8		(4.1) (Blank).
9		(4.2) Except as provided in paragraphs (4.3) and (4.8) of
10		this subsection (c), a minimum of 100 hours of community
11		service shall be imposed for a second violation of Section
12		6-303 of the Illinois Vehicle Code.
13		(4.3) A minimum term of imprisonment of 30 days or 300
14		hours of community service, as determined by the court, shall
15		be imposed for a second violation of subsection (c) of Section
16		6-303 of the Illinois Vehicle Code.
17		(4.4) Except as provided in paragraphs (4.5), (4.6), and
18		(4.9) of this subsection (c), a minimum term of imprisonment
19		of 30 days or 300 hours of community service, as determined by
20		the court, shall be imposed for a third or subsequent
21		violation of Section 6-303 of the Illinois Vehicle Code. The
22		court may give credit toward the fulfillment of community
23		service hours for participation in activities and treatment as
24		determined by court services.
25		(4.5) A minimum term of imprisonment of 30 days shall be
26		imposed for a third violation of subsection (c) of Section

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1		6-303 of the Illinois Vehicle Code.
2		(4.6) Except as provided in paragraph (4.10) of this
3		subsection (c), a minimum term of imprisonment of 180 days
4		shall be imposed for a fourth or subsequent violation of
5		subsection (c) of Section 6-303 of the Illinois Vehicle Code.
6		(4.7) A minimum term of imprisonment of not less than 30
7		consecutive days, or 300 hours of community service, shall be
8		imposed for a violation of subsection (a-5) of Section 6-303
9		of the Illinois Vehicle Code, as provided in subsection (b-5)
10		of that Section.
11		(4.8) A mandatory prison sentence shall be imposed for a
12		second violation of subsection (a-5) of Section 6-303 of the
13		Illinois Vehicle Code, as provided in subsection (c-5) of that
14		Section. The person's driving privileges shall be revoked for
15		a period of not less than 5 years from the date of his or her
16		release from prison.
17		(4.9) A mandatory prison sentence of not less than 4 and
18		not more than 15 years shall be imposed for a third violation
19		of subsection (a-5) of Section 6-303 of the Illinois Vehicle
20		Code, as provided in subsection (d-2.5) of that Section. The
21		person's driving privileges shall be revoked for the remainder
22		of his or her life.
23		(4.10) A mandatory prison sentence for a Class 1 felony
24		shall be imposed, and the person shall be eligible for an
25		extended term sentence, for a fourth or subsequent violation
26		of subsection (a-5) of Section 6-303 of the Illinois Vehicle

HB5490 Engrossed - 154 - LRB102 25922 RLC 35294 b
1		Code, as provided in subsection (d-3.5) of that Section. The
2		person's driving privileges shall be revoked for the remainder
3		of his or her life.
4		(5) The court may sentence a corporation or unincorporated
5		association convicted of any offense to:
6		(A) a period of conditional discharge;
7		(B) a fine;
8		(C) make restitution to the victim under Section 5-5-6
9		of this Code.
10		(5.1) In addition to any other penalties imposed, and
11		except as provided in paragraph (5.2) or (5.3), a person
12		convicted of violating subsection (c) of Section 11-907 of the
13		Illinois Vehicle Code shall have his or her driver's license,
14		permit, or privileges suspended for at least 90 days but not
15		more than one year, if the violation resulted in damage to the
16		property of another person.
17		(5.2) In addition to any other penalties imposed, and
18		except as provided in paragraph (5.3), a person convicted of
19		violating subsection (c) of Section 11-907 of the Illinois
20		Vehicle Code shall have his or her driver's license, permit,
21		or privileges suspended for at least 180 days but not more than
22		2 years, if the violation resulted in injury to another
23		person.
24		(5.3) In addition to any other penalties imposed, a person
25		convicted of violating subsection (c) of Section 11-907 of the
26		Illinois Vehicle Code shall have his or her driver's license,

HB5490 Engrossed - 155 - LRB102 25922 RLC 35294 b
1		permit, or privileges suspended for 2 years, if the violation
2		resulted in the death of another person.
3		(5.4) In addition to any other penalties imposed, a person
4		convicted of violating Section 3-707 of the Illinois Vehicle
5		Code shall have his or her driver's license, permit, or
6		privileges suspended for 3 months and until he or she has paid
7		a reinstatement fee of $100.
8		(5.5) In addition to any other penalties imposed, a person
9		convicted of violating Section 3-707 of the Illinois Vehicle
10		Code during a period in which his or her driver's license,
11		permit, or privileges were suspended for a previous violation
12		of that Section shall have his or her driver's license,
13		permit, or privileges suspended for an additional 6 months
14		after the expiration of the original 3-month suspension and
15		until he or she has paid a reinstatement fee of $100.
16		(6) (Blank).
17		(7) (Blank).
18		(8) (Blank).
19		(9) A defendant convicted of a second or subsequent
20		offense of ritualized abuse of a child may be sentenced to a
21		term of natural life imprisonment.
22		(10) (Blank).
23		(11) The court shall impose a minimum fine of $1,000 for a
24		first offense and $2,000 for a second or subsequent offense
25		upon a person convicted of or placed on supervision for
26		battery when the individual harmed was a sports official or

HB5490 Engrossed - 156 - LRB102 25922 RLC 35294 b
1		coach at any level of competition and the act causing harm to
2		the sports official or coach occurred within an athletic
3		facility or within the immediate vicinity of the athletic
4		facility at which the sports official or coach was an active
5		participant of the athletic contest held at the athletic
6		facility. For the purposes of this paragraph (11), "sports
7		official" means a person at an athletic contest who enforces
8		the rules of the contest, such as an umpire or referee;
9		"athletic facility" means an indoor or outdoor playing field
10		or recreational area where sports activities are conducted;
11		and "coach" means a person recognized as a coach by the
12		sanctioning authority that conducted the sporting event.
13		(12) A person may not receive a disposition of court
14		supervision for a violation of Section 5-16 of the Boat
15		Registration and Safety Act if that person has previously
16		received a disposition of court supervision for a violation of
17		that Section.
18		(13) A person convicted of or placed on court supervision
19		for an assault or aggravated assault when the victim and the
20		offender are family or household members as defined in Section
21		103 of the Illinois Domestic Violence Act of 1986 or convicted
22		of domestic battery or aggravated domestic battery may be
23		required to attend a Partner Abuse Intervention Program under
24		protocols set forth by the Illinois Department of Human
25		Services under such terms and conditions imposed by the court.
26		The costs of such classes shall be paid by the offender.

HB5490 Engrossed - 157 - LRB102 25922 RLC 35294 b
1		(d) In any case in which a sentence originally imposed is
2		vacated, the case shall be remanded to the trial court. The
3		trial court shall hold a hearing under Section 5-4-1 of this
4		Code which may include evidence of the defendant's life, moral
5		character and occupation during the time since the original
6		sentence was passed. The trial court shall then impose
7		sentence upon the defendant. The trial court may impose any
8		sentence which could have been imposed at the original trial
9		subject to Section 5-5-4 of this Code. If a sentence is vacated
10		on appeal or on collateral attack due to the failure of the
11		trier of fact at trial to determine beyond a reasonable doubt
12		the existence of a fact (other than a prior conviction)
13		necessary to increase the punishment for the offense beyond
14		the statutory maximum otherwise applicable, either the
15		defendant may be re-sentenced to a term within the range
16		otherwise provided or, if the State files notice of its
17		intention to again seek the extended sentence, the defendant
18		shall be afforded a new trial.
19		(e) In cases where prosecution for aggravated criminal
20		sexual abuse under Section 11-1.60 or 12-16 of the Criminal
21		Code of 1961 or the Criminal Code of 2012 results in conviction
22		of a defendant who was a family member of the victim at the
23		time of the commission of the offense, the court shall
24		consider the safety and welfare of the victim and may impose a
25		sentence of probation only where:
26		(1) the court finds (A) or (B) or both are

HB5490 Engrossed - 158 - LRB102 25922 RLC 35294 b
1		appropriate:
2		(A) the defendant is willing to undergo a court
3		approved counseling program for a minimum duration of
4		2 years; or
5		(B) the defendant is willing to participate in a
6		court approved plan, including, but not limited to,
7		the defendant's:
8		(i) removal from the household;
9		(ii) restricted contact with the victim;
10		(iii) continued financial support of the
11		family;
12		(iv) restitution for harm done to the victim;
13		and
14		(v) compliance with any other measures that
15		the court may deem appropriate; and
16		(2) the court orders the defendant to pay for the
17		victim's counseling services, to the extent that the court
18		finds, after considering the defendant's income and
19		assets, that the defendant is financially capable of
20		paying for such services, if the victim was under 18 years
21		of age at the time the offense was committed and requires
22		counseling as a result of the offense.
23		Probation may be revoked or modified pursuant to Section
24		5-6-4; except where the court determines at the hearing that
25		the defendant violated a condition of his or her probation
26		restricting contact with the victim or other family members or

HB5490 Engrossed - 159 - LRB102 25922 RLC 35294 b
1		commits another offense with the victim or other family
2		members, the court shall revoke the defendant's probation and
3		impose a term of imprisonment.
4		For the purposes of this Section, "family member" and
5		"victim" shall have the meanings ascribed to them in Section
6		11-0.1 of the Criminal Code of 2012.
7		(f) (Blank).
8		(g) Whenever a defendant is convicted of an offense under
9		Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
10		11-14.3, 11-14.4 except for an offense that involves keeping a
11		place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
12		11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
13		12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
14		Criminal Code of 2012, the defendant shall undergo medical
15		testing to determine whether the defendant has any sexually
16		transmissible disease, including a test for infection with
17		human immunodeficiency virus (HIV) or any other identified
18		causative agent of acquired immunodeficiency syndrome (AIDS).
19		Any such medical test shall be performed only by appropriately
20		licensed medical practitioners and may include an analysis of
21		any bodily fluids as well as an examination of the defendant's
22		person. Except as otherwise provided by law, the results of
23		such test shall be kept strictly confidential by all medical
24		personnel involved in the testing and must be personally
25		delivered in a sealed envelope to the judge of the court in
26		which the conviction was entered for the judge's inspection in

HB5490 Engrossed - 160 - LRB102 25922 RLC 35294 b
1		camera. Acting in accordance with the best interests of the
2		victim and the public, the judge shall have the discretion to
3		determine to whom, if anyone, the results of the testing may be
4		revealed. The court shall notify the defendant of the test
5		results. The court shall also notify the victim if requested
6		by the victim, and if the victim is under the age of 15 and if
7		requested by the victim's parents or legal guardian, the court
8		shall notify the victim's parents or legal guardian of the
9		test results. The court shall provide information on the
10		availability of HIV testing and counseling at Department of
11		Public Health facilities to all parties to whom the results of
12		the testing are revealed and shall direct the State's Attorney
13		to provide the information to the victim when possible. The
14		court shall order that the cost of any such test shall be paid
15		by the county and may be taxed as costs against the convicted
16		defendant.
17		(g-5) When an inmate is tested for an airborne
18		communicable disease, as determined by the Illinois Department
19		of Public Health, including, but not limited to, tuberculosis,
20		the results of the test shall be personally delivered by the
21		warden or his or her designee in a sealed envelope to the judge
22		of the court in which the inmate must appear for the judge's
23		inspection in camera if requested by the judge. Acting in
24		accordance with the best interests of those in the courtroom,
25		the judge shall have the discretion to determine what if any
26		precautions need to be taken to prevent transmission of the

HB5490 Engrossed - 161 - LRB102 25922 RLC 35294 b
1		disease in the courtroom.
2		(h) Whenever a defendant is convicted of an offense under
3		Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
4		defendant shall undergo medical testing to determine whether
5		the defendant has been exposed to human immunodeficiency virus
6		(HIV) or any other identified causative agent of acquired
7		immunodeficiency syndrome (AIDS). Except as otherwise provided
8		by law, the results of such test shall be kept strictly
9		confidential by all medical personnel involved in the testing
10		and must be personally delivered in a sealed envelope to the
11		judge of the court in which the conviction was entered for the
12		judge's inspection in camera. Acting in accordance with the
13		best interests of the public, the judge shall have the
14		discretion to determine to whom, if anyone, the results of the
15		testing may be revealed. The court shall notify the defendant
16		of a positive test showing an infection with the human
17		immunodeficiency virus (HIV). The court shall provide
18		information on the availability of HIV testing and counseling
19		at Department of Public Health facilities to all parties to
20		whom the results of the testing are revealed and shall direct
21		the State's Attorney to provide the information to the victim
22		when possible. The court shall order that the cost of any such
23		test shall be paid by the county and may be taxed as costs
24		against the convicted defendant.
25		(i) All fines and penalties imposed under this Section for
26		any violation of Chapters 3, 4, 6, and 11 of the Illinois

HB5490 Engrossed - 162 - LRB102 25922 RLC 35294 b
1		Vehicle Code, or a similar provision of a local ordinance, and
2		any violation of the Child Passenger Protection Act, or a
3		similar provision of a local ordinance, shall be collected and
4		disbursed by the circuit clerk as provided under the Criminal
5		and Traffic Assessment Act.
6		(j) In cases when prosecution for any violation of Section
7		11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
8		11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
9		11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
10		11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
11		12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
12		Code of 2012, any violation of the Illinois Controlled
13		Substances Act, any violation of the Cannabis Control Act, or
14		any violation of the Methamphetamine Control and Community
15		Protection Act results in conviction, a disposition of court
16		supervision, or an order of probation granted under Section 10
17		of the Cannabis Control Act, Section 410 of the Illinois
18		Controlled Substances Act, or Section 70 of the
19		Methamphetamine Control and Community Protection Act of a
20		defendant, the court shall determine whether the defendant is
21		employed by a facility or center as defined under the Child
22		Care Act of 1969, a public or private elementary or secondary
23		school, or otherwise works with children under 18 years of age
24		on a daily basis. When a defendant is so employed, the court
25		shall order the Clerk of the Court to send a copy of the
26		judgment of conviction or order of supervision or probation to

HB5490 Engrossed - 163 - LRB102 25922 RLC 35294 b
1		the defendant's employer by certified mail. If the employer of
2		the defendant is a school, the Clerk of the Court shall direct
3		the mailing of a copy of the judgment of conviction or order of
4		supervision or probation to the appropriate regional
5		superintendent of schools. The regional superintendent of
6		schools shall notify the State Board of Education of any
7		notification under this subsection.
8		(j-5) A defendant at least 17 years of age who is convicted
9		of a felony and who has not been previously convicted of a
10		misdemeanor or felony and who is sentenced to a term of
11		imprisonment in the Illinois Department of Corrections shall
12		as a condition of his or her sentence be required by the court
13		to attend educational courses designed to prepare the
14		defendant for a high school diploma and to work toward a high
15		school diploma or to work toward passing high school
16		equivalency testing or to work toward completing a vocational
17		training program offered by the Department of Corrections. If
18		a defendant fails to complete the educational training
19		required by his or her sentence during the term of
20		incarceration, the Prisoner Review Board shall, as a condition
21		of mandatory supervised release, require the defendant, at his
22		or her own expense, to pursue a course of study toward a high
23		school diploma or passage of high school equivalency testing.
24		The Prisoner Review Board shall revoke the mandatory
25		supervised release of a defendant who wilfully fails to comply
26		with this subsection (j-5) upon his or her release from

HB5490 Engrossed - 164 - LRB102 25922 RLC 35294 b
1		confinement in a penal institution while serving a mandatory
2		supervised release term; however, the inability of the
3		defendant after making a good faith effort to obtain financial
4		aid or pay for the educational training shall not be deemed a
5		wilful failure to comply. The Prisoner Review Board shall
6		recommit the defendant whose mandatory supervised release term
7		has been revoked under this subsection (j-5) as provided in
8		Section 3-3-9. This subsection (j-5) does not apply to a
9		defendant who has a high school diploma or has successfully
10		passed high school equivalency testing. This subsection (j-5)
11		does not apply to a defendant who is determined by the court to
12		be a person with a developmental disability or otherwise
13		mentally incapable of completing the educational or vocational
14		program.
15		(k) (Blank).
16		(l) (A) Except as provided in paragraph (C) of subsection
17		(l), whenever a defendant, who is an alien as defined by the
18		Immigration and Nationality Act, is convicted of any felony or
19		misdemeanor offense, the court after sentencing the defendant
20		may, upon motion of the State's Attorney, hold sentence in
21		abeyance and remand the defendant to the custody of the
22		Attorney General of the United States or his or her designated
23		agent to be deported when:
24		(1) a final order of deportation has been issued
25		against the defendant pursuant to proceedings under the
26		Immigration and Nationality Act, and

HB5490 Engrossed - 165 - LRB102 25922 RLC 35294 b
1		(2) the deportation of the defendant would not
2		deprecate the seriousness of the defendant's conduct and
3		would not be inconsistent with the ends of justice.
4		Otherwise, the defendant shall be sentenced as provided in
5		this Chapter V.
6		(B) If the defendant has already been sentenced for a
7		felony or misdemeanor offense, or has been placed on probation
8		under Section 10 of the Cannabis Control Act, Section 410 of
9		the Illinois Controlled Substances Act, or Section 70 of the
10		Methamphetamine Control and Community Protection Act, the
11		court may, upon motion of the State's Attorney to suspend the
12		sentence imposed, commit the defendant to the custody of the
13		Attorney General of the United States or his or her designated
14		agent when:
15		(1) a final order of deportation has been issued
16		against the defendant pursuant to proceedings under the
17		Immigration and Nationality Act, and
18		(2) the deportation of the defendant would not
19		deprecate the seriousness of the defendant's conduct and
20		would not be inconsistent with the ends of justice.
21		(C) This subsection (l) does not apply to offenders who
22		are subject to the provisions of paragraph (2) of subsection
23		(a) of Section 3-6-3.
24		(D) Upon motion of the State's Attorney, if a defendant
25		sentenced under this Section returns to the jurisdiction of
26		the United States, the defendant shall be recommitted to the

HB5490 Engrossed - 166 - LRB102 25922 RLC 35294 b
1		custody of the county from which he or she was sentenced.
2		Thereafter, the defendant shall be brought before the
3		sentencing court, which may impose any sentence that was
4		available under Section 5-5-3 at the time of initial
5		sentencing. In addition, the defendant shall not be eligible
6		for additional earned sentence credit as provided under
7		Section 3-6-3.
8		(m) A person convicted of criminal defacement of property
9		under Section 21-1.3 of the Criminal Code of 1961 or the
10		Criminal Code of 2012, in which the property damage exceeds
11		$300 and the property damaged is a school building, shall be
12		ordered to perform community service that may include cleanup,
13		removal, or painting over the defacement.
14		(n) The court may sentence a person convicted of a
15		violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
16		subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
17		of 1961 or the Criminal Code of 2012 (i) to an impact
18		incarceration program if the person is otherwise eligible for
19		that program under Section 5-8-1.1, (ii) to community service,
20		or (iii) if the person has a substance use disorder, as defined
21		in the Substance Use Disorder Act, to a treatment program
22		licensed under that Act.
23		(o) Whenever a person is convicted of a sex offense as
24		defined in Section 2 of the Sex Offender Registration Act, the
25		defendant's driver's license or permit shall be subject to
26		renewal on an annual basis in accordance with the provisions

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

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1		or position in the community to commit the offense, or to
2		afford him an easier means of committing it;
3		(7) the sentence is necessary to deter others from
4		committing the same crime;
5		(8) the defendant committed the offense against a
6		person 60 years of age or older or such person's property;
7		(9) the defendant committed the offense against a
8		person who has a physical disability or such person's
9		property;
10		(10) by reason of another individual's actual or
11		perceived race, color, creed, religion, ancestry, gender,
12		sexual orientation, physical or mental disability, or
13		national origin, the defendant committed the offense
14		against (i) the person or property of that individual;
15		(ii) the person or property of a person who has an
16		association with, is married to, or has a friendship with
17		the other individual; or (iii) the person or property of a
18		relative (by blood or marriage) of a person described in
19		clause (i) or (ii). For the purposes of this Section,
20		"sexual orientation" has the meaning ascribed to it in
21		paragraph (O-1) of Section 1-103 of the Illinois Human
22		Rights Act;
23		(11) the offense took place in a place of worship or on
24		the grounds of a place of worship, immediately prior to,
25		during or immediately following worship services. For
26		purposes of this subparagraph, "place of worship" shall

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1		mean any church, synagogue or other building, structure or
2		place used primarily for religious worship;
3		(12) the defendant was convicted of a felony committed
4		while he was released on bail or his own recognizance
5		pending trial for a prior felony and was convicted of such
6		prior felony, or the defendant was convicted of a felony
7		committed while he was serving a period of probation,
8		conditional discharge, or mandatory supervised release
9		under subsection (d) of Section 5-8-1 for a prior felony;
10		(13) the defendant committed or attempted to commit a
11		felony while he was wearing a bulletproof vest. For the
12		purposes of this paragraph (13), a bulletproof vest is any
13		device which is designed for the purpose of protecting the
14		wearer from bullets, shot or other lethal projectiles;
15		(14) the defendant held a position of trust or
16		supervision such as, but not limited to, family member as
17		defined in Section 11-0.1 of the Criminal Code of 2012,
18		teacher, scout leader, baby sitter, or day care worker, in
19		relation to a victim under 18 years of age, and the
20		defendant committed an offense in violation of Section
21		11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
22		11-14.4 except for an offense that involves keeping a
23		place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
24		11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
25		or 12-16 of the Criminal Code of 1961 or the Criminal Code
26		of 2012 against that victim;

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1		(15) the defendant committed an offense related to the
2		activities of an organized gang. For the purposes of this
3		factor, "organized gang" has the meaning ascribed to it in
4		Section 10 of the Streetgang Terrorism Omnibus Prevention
5		Act;
6		(16) the defendant committed an offense in violation
7		of one of the following Sections while in a school,
8		regardless of the time of day or time of year; on any
9		conveyance owned, leased, or contracted by a school to
10		transport students to or from school or a school related
11		activity; on the real property of a school; or on a public
12		way within 1,000 feet of the real property comprising any
13		school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
14		11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
15		11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
16		12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
17		12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
18		for subdivision (a)(4) or (g)(1), of the Criminal Code of
19		1961 or the Criminal Code of 2012;
20		(16.5) the defendant committed an offense in violation
21		of one of the following Sections while in a day care
22		center, regardless of the time of day or time of year; on
23		the real property of a day care center, regardless of the
24		time of day or time of year; or on a public way within
25		1,000 feet of the real property comprising any day care
26		center, regardless of the time of day or time of year:

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1		Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
2		11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
3		11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
4		12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
5		18-2, or 33A-2, or Section 12-3.05 except for subdivision
6		(a)(4) or (g)(1), of the Criminal Code of 1961 or the
7		Criminal Code of 2012;
8		(17) the defendant committed the offense by reason of
9		any person's activity as a community policing volunteer or
10		to prevent any person from engaging in activity as a
11		community policing volunteer. For the purpose of this
12		Section, "community policing volunteer" has the meaning
13		ascribed to it in Section 2-3.5 of the Criminal Code of
14		2012;
15		(18) the defendant committed the offense in a nursing
16		home or on the real property comprising a nursing home.
17		For the purposes of this paragraph (18), "nursing home"
18		means a skilled nursing or intermediate long term care
19		facility that is subject to license by the Illinois
20		Department of Public Health under the Nursing Home Care
21		Act, the Specialized Mental Health Rehabilitation Act of
22		2013, the ID/DD Community Care Act, or the MC/DD Act;
23		(19) the defendant was a federally licensed firearm
24		dealer and was previously convicted of a violation of
25		subsection (a) of Section 3 of the Firearm Owners
26		Identification Card Act and has now committed either a

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1		felony violation of the Firearm Owners Identification Card
2		Act or an act of armed violence while armed with a firearm;
3		(20) the defendant (i) committed the offense of
4		reckless homicide under Section 9-3 of the Criminal Code
5		of 1961 or the Criminal Code of 2012 or the offense of
6		driving under the influence of alcohol, other drug or
7		drugs, intoxicating compound or compounds or any
8		combination thereof under Section 11-501 of the Illinois
9		Vehicle Code or a similar provision of a local ordinance
10		and (ii) was operating a motor vehicle in excess of 20
11		miles per hour over the posted speed limit as provided in
12		Article VI of Chapter 11 of the Illinois Vehicle Code;
13		(21) the defendant (i) committed the offense of
14		reckless driving or aggravated reckless driving under
15		Section 11-503 of the Illinois Vehicle Code and (ii) was
16		operating a motor vehicle in excess of 20 miles per hour
17		over the posted speed limit as provided in Article VI of
18		Chapter 11 of the Illinois Vehicle Code;
19		(22) the defendant committed the offense against a
20		person that the defendant knew, or reasonably should have
21		known, was a member of the Armed Forces of the United
22		States serving on active duty. For purposes of this clause
23		(22), the term "Armed Forces" means any of the Armed
24		Forces of the United States, including a member of any
25		reserve component thereof or National Guard unit called to
26		active duty;

HB5490 Engrossed - 173 - LRB102 25922 RLC 35294 b
1		(23) the defendant committed the offense against a
2		person who was elderly or infirm or who was a person with a
3		disability by taking advantage of a family or fiduciary
4		relationship with the elderly or infirm person or person
5		with a disability;
6		(24) the defendant committed any offense under Section
7		11-20.1 of the Criminal Code of 1961 or the Criminal Code
8		of 2012 and possessed 100 or more images;
9		(25) the defendant committed the offense while the
10		defendant or the victim was in a train, bus, or other
11		vehicle used for public transportation;
12		(26) the defendant committed the offense of child
13		sexual abuse material pornography or aggravated child
14		sexual abuse material pornography, specifically including
15		paragraph (1), (2), (3), (4), (5), or (7) of subsection
16		(a) of Section 11-20.1 of the Criminal Code of 1961 or the
17		Criminal Code of 2012 where a child engaged in, solicited
18		for, depicted in, or posed in any act of sexual
19		penetration or bound, fettered, or subject to sadistic,
20		masochistic, or sadomasochistic abuse in a sexual context
21		and specifically including paragraph (1), (2), (3), (4),
22		(5), or (7) of subsection (a) of Section 11-20.1B or
23		Section 11-20.3 of the Criminal Code of 1961 where a child
24		engaged in, solicited for, depicted in, or posed in any
25		act of sexual penetration or bound, fettered, or subject
26		to sadistic, masochistic, or sadomasochistic abuse in a

HB5490 Engrossed - 174 - LRB102 25922 RLC 35294 b
1		sexual context;
2		(27) the defendant committed the offense of first
3		degree murder, assault, aggravated assault, battery,
4		aggravated battery, robbery, armed robbery, or aggravated
5		robbery against a person who was a veteran and the
6		defendant knew, or reasonably should have known, that the
7		person was a veteran performing duties as a representative
8		of a veterans' organization. For the purposes of this
9		paragraph (27), "veteran" means an Illinois resident who
10		has served as a member of the United States Armed Forces, a
11		member of the Illinois National Guard, or a member of the
12		United States Reserve Forces; and "veterans' organization"
13		means an organization comprised of members of which
14		substantially all are individuals who are veterans or
15		spouses, widows, or widowers of veterans, the primary
16		purpose of which is to promote the welfare of its members
17		and to provide assistance to the general public in such a
18		way as to confer a public benefit;
19		(28) the defendant committed the offense of assault,
20		aggravated assault, battery, aggravated battery, robbery,
21		armed robbery, or aggravated robbery against a person that
22		the defendant knew or reasonably should have known was a
23		letter carrier or postal worker while that person was
24		performing his or her duties delivering mail for the
25		United States Postal Service;
26		(29) the defendant committed the offense of criminal

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1		sexual assault, aggravated criminal sexual assault,
2		criminal sexual abuse, or aggravated criminal sexual abuse
3		against a victim with an intellectual disability, and the
4		defendant holds a position of trust, authority, or
5		supervision in relation to the victim;
6		(30) the defendant committed the offense of promoting
7		juvenile prostitution, patronizing a prostitute, or
8		patronizing a minor engaged in prostitution and at the
9		time of the commission of the offense knew that the
10		prostitute or minor engaged in prostitution was in the
11		custody or guardianship of the Department of Children and
12		Family Services;
13		(31) the defendant (i) committed the offense of
14		driving while under the influence of alcohol, other drug
15		or drugs, intoxicating compound or compounds or any
16		combination thereof in violation of Section 11-501 of the
17		Illinois Vehicle Code or a similar provision of a local
18		ordinance and (ii) the defendant during the commission of
19		the offense was driving his or her vehicle upon a roadway
20		designated for one-way traffic in the opposite direction
21		of the direction indicated by official traffic control
22		devices;
23		(32) the defendant committed the offense of reckless
24		homicide while committing a violation of Section 11-907 of
25		the Illinois Vehicle Code;
26		(33) the defendant was found guilty of an

HB5490 Engrossed - 176 - LRB102 25922 RLC 35294 b
1		administrative infraction related to an act or acts of
2		public indecency or sexual misconduct in the penal
3		institution. In this paragraph (33), "penal institution"
4		has the same meaning as in Section 2-14 of the Criminal
5		Code of 2012; or
6		(34) the defendant committed the offense of leaving
7		the scene of an accident in violation of subsection (b) of
8		Section 11-401 of the Illinois Vehicle Code and the
9		accident resulted in the death of a person and at the time
10		of the offense, the defendant was: (i) driving under the
11		influence of alcohol, other drug or drugs, intoxicating
12		compound or compounds or any combination thereof as
13		defined by Section 11-501 of the Illinois Vehicle Code; or
14		(ii) operating the motor vehicle while using an electronic
15		communication device as defined in Section 12-610.2 of the
16		Illinois Vehicle Code.
17		For the purposes of this Section:
18		"School" is defined as a public or private elementary or
19		secondary school, community college, college, or university.
20		"Day care center" means a public or private State
21		certified and licensed day care center as defined in Section
22		2.09 of the Child Care Act of 1969 that displays a sign in
23		plain view stating that the property is a day care center.
24		"Intellectual disability" means significantly subaverage
25		intellectual functioning which exists concurrently with
26		impairment in adaptive behavior.

HB5490 Engrossed - 177 - LRB102 25922 RLC 35294 b
1		"Public transportation" means the transportation or
2		conveyance of persons by means available to the general
3		public, and includes paratransit services.
4		"Traffic control devices" means all signs, signals,
5		markings, and devices that conform to the Illinois Manual on
6		Uniform Traffic Control Devices, placed or erected by
7		authority of a public body or official having jurisdiction,
8		for the purpose of regulating, warning, or guiding traffic.
9		(b) The following factors, related to all felonies, may be
10		considered by the court as reasons to impose an extended term
11		sentence under Section 5-8-2 upon any offender:
12		(1) When a defendant is convicted of any felony, after
13		having been previously convicted in Illinois or any other
14		jurisdiction of the same or similar class felony or
15		greater class felony, when such conviction has occurred
16		within 10 years after the previous conviction, excluding
17		time spent in custody, and such charges are separately
18		brought and tried and arise out of different series of
19		acts; or
20		(2) When a defendant is convicted of any felony and
21		the court finds that the offense was accompanied by
22		exceptionally brutal or heinous behavior indicative of
23		wanton cruelty; or
24		(3) When a defendant is convicted of any felony
25		committed against:
26		(i) a person under 12 years of age at the time of

HB5490 Engrossed - 178 - LRB102 25922 RLC 35294 b
1		the offense or such person's property;
2		(ii) a person 60 years of age or older at the time
3		of the offense or such person's property; or
4		(iii) a person who had a physical disability at
5		the time of the offense or such person's property; or
6		(4) When a defendant is convicted of any felony and
7		the offense involved any of the following types of
8		specific misconduct committed as part of a ceremony, rite,
9		initiation, observance, performance, practice or activity
10		of any actual or ostensible religious, fraternal, or
11		social group:
12		(i) the brutalizing or torturing of humans or
13		animals;
14		(ii) the theft of human corpses;
15		(iii) the kidnapping of humans;
16		(iv) the desecration of any cemetery, religious,
17		fraternal, business, governmental, educational, or
18		other building or property; or
19		(v) ritualized abuse of a child; or
20		(5) When a defendant is convicted of a felony other
21		than conspiracy and the court finds that the felony was
22		committed under an agreement with 2 or more other persons
23		to commit that offense and the defendant, with respect to
24		the other individuals, occupied a position of organizer,
25		supervisor, financier, or any other position of management
26		or leadership, and the court further finds that the felony

HB5490 Engrossed - 179 - LRB102 25922 RLC 35294 b
1		committed was related to or in furtherance of the criminal
2		activities of an organized gang or was motivated by the
3		defendant's leadership in an organized gang; or
4		(6) When a defendant is convicted of an offense
5		committed while using a firearm with a laser sight
6		attached to it. For purposes of this paragraph, "laser
7		sight" has the meaning ascribed to it in Section 26-7 of
8		the Criminal Code of 2012; or
9		(7) When a defendant who was at least 17 years of age
10		at the time of the commission of the offense is convicted
11		of a felony and has been previously adjudicated a
12		delinquent minor under the Juvenile Court Act of 1987 for
13		an act that if committed by an adult would be a Class X or
14		Class 1 felony when the conviction has occurred within 10
15		years after the previous adjudication, excluding time
16		spent in custody; or
17		(8) When a defendant commits any felony and the
18		defendant used, possessed, exercised control over, or
19		otherwise directed an animal to assault a law enforcement
20		officer engaged in the execution of his or her official
21		duties or in furtherance of the criminal activities of an
22		organized gang in which the defendant is engaged; or
23		(9) When a defendant commits any felony and the
24		defendant knowingly video or audio records the offense
25		with the intent to disseminate the recording.
26		(c) The following factors may be considered by the court

HB5490 Engrossed - 180 - LRB102 25922 RLC 35294 b
1		as reasons to impose an extended term sentence under Section
2		5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
3		offenses:
4		(1) When a defendant is convicted of first degree
5		murder, after having been previously convicted in Illinois
6		of any offense listed under paragraph (c)(2) of Section
7		5-5-3 (730 ILCS 5/5-5-3), when that conviction has
8		occurred within 10 years after the previous conviction,
9		excluding time spent in custody, and the charges are
10		separately brought and tried and arise out of different
11		series of acts.
12		(1.5) When a defendant is convicted of first degree
13		murder, after having been previously convicted of domestic
14		battery (720 ILCS 5/12-3.2) or aggravated domestic battery
15		(720 ILCS 5/12-3.3) committed on the same victim or after
16		having been previously convicted of violation of an order
17		of protection (720 ILCS 5/12-30) in which the same victim
18		was the protected person.
19		(2) When a defendant is convicted of voluntary
20		manslaughter, second degree murder, involuntary
21		manslaughter, or reckless homicide in which the defendant
22		has been convicted of causing the death of more than one
23		individual.
24		(3) When a defendant is convicted of aggravated
25		criminal sexual assault or criminal sexual assault, when
26		there is a finding that aggravated criminal sexual assault

HB5490 Engrossed - 181 - LRB102 25922 RLC 35294 b
1		or criminal sexual assault was also committed on the same
2		victim by one or more other individuals, and the defendant
3		voluntarily participated in the crime with the knowledge
4		of the participation of the others in the crime, and the
5		commission of the crime was part of a single course of
6		conduct during which there was no substantial change in
7		the nature of the criminal objective.
8		(4) If the victim was under 18 years of age at the time
9		of the commission of the offense, when a defendant is
10		convicted of aggravated criminal sexual assault or
11		predatory criminal sexual assault of a child under
12		subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
13		of Section 12-14.1 of the Criminal Code of 1961 or the
14		Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
15		(5) When a defendant is convicted of a felony
16		violation of Section 24-1 of the Criminal Code of 1961 or
17		the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
18		finding that the defendant is a member of an organized
19		gang.
20		(6) When a defendant was convicted of unlawful use of
21		weapons under Section 24-1 of the Criminal Code of 1961 or
22		the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
23		a weapon that is not readily distinguishable as one of the
24		weapons enumerated in Section 24-1 of the Criminal Code of
25		1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
26		(7) When a defendant is convicted of an offense

HB5490 Engrossed - 182 - LRB102 25922 RLC 35294 b
1		involving the illegal manufacture of a controlled
2		substance under Section 401 of the Illinois Controlled
3		Substances Act (720 ILCS 570/401), the illegal manufacture
4		of methamphetamine under Section 25 of the Methamphetamine
5		Control and Community Protection Act (720 ILCS 646/25), or
6		the illegal possession of explosives and an emergency
7		response officer in the performance of his or her duties
8		is killed or injured at the scene of the offense while
9		responding to the emergency caused by the commission of
10		the offense. In this paragraph, "emergency" means a
11		situation in which a person's life, health, or safety is
12		in jeopardy; and "emergency response officer" means a
13		peace officer, community policing volunteer, fireman,
14		emergency medical technician-ambulance, emergency medical
15		technician-intermediate, emergency medical
16		technician-paramedic, ambulance driver, other medical
17		assistance or first aid personnel, or hospital emergency
18		room personnel.
19		(8) When the defendant is convicted of attempted mob
20		action, solicitation to commit mob action, or conspiracy
21		to commit mob action under Section 8-1, 8-2, or 8-4 of the
22		Criminal Code of 2012, where the criminal object is a
23		violation of Section 25-1 of the Criminal Code of 2012,
24		and an electronic communication is used in the commission
25		of the offense. For the purposes of this paragraph (8),
26		"electronic communication" shall have the meaning provided

HB5490 Engrossed - 183 - LRB102 25922 RLC 35294 b
1		in Section 26.5-0.1 of the Criminal Code of 2012.
2		(d) For the purposes of this Section, "organized gang" has
3		the meaning ascribed to it in Section 10 of the Illinois
4		Streetgang Terrorism Omnibus Prevention Act.
5		(e) The court may impose an extended term sentence under
6		Article 4.5 of Chapter V upon an offender who has been
7		convicted of a felony violation of Section 11-1.20, 11-1.30,
8		11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
9		12-16 of the Criminal Code of 1961 or the Criminal Code of 2012
10		when the victim of the offense is under 18 years of age at the
11		time of the commission of the offense and, during the
12		commission of the offense, the victim was under the influence
13		of alcohol, regardless of whether or not the alcohol was
14		supplied by the offender; and the offender, at the time of the
15		commission of the offense, knew or should have known that the
16		victim had consumed alcohol.
17		(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
18		101-417, eff. 1-1-20; 102-558, eff. 8-20-21.)
19		(Text of Section after amendment by P.A. 101-652)
20		Sec. 5-5-3.2. Factors in aggravation and extended-term
21		sentencing.
22		(a) The following factors shall be accorded weight in
23		favor of imposing a term of imprisonment or may be considered
24		by the court as reasons to impose a more severe sentence under
25		Section 5-8-1 or Article 4.5 of Chapter V:

HB5490 Engrossed - 184 - LRB102 25922 RLC 35294 b
1		(1) the defendant's conduct caused or threatened
2		serious harm;
3		(2) the defendant received compensation for committing
4		the offense;
5		(3) the defendant has a history of prior delinquency
6		or criminal activity;
7		(4) the defendant, by the duties of his office or by
8		his position, was obliged to prevent the particular
9		offense committed or to bring the offenders committing it
10		to justice;
11		(5) the defendant held public office at the time of
12		the offense, and the offense related to the conduct of
13		that office;
14		(6) the defendant utilized his professional reputation
15		or position in the community to commit the offense, or to
16		afford him an easier means of committing it;
17		(7) the sentence is necessary to deter others from
18		committing the same crime;
19		(8) the defendant committed the offense against a
20		person 60 years of age or older or such person's property;
21		(9) the defendant committed the offense against a
22		person who has a physical disability or such person's
23		property;
24		(10) by reason of another individual's actual or
25		perceived race, color, creed, religion, ancestry, gender,
26		sexual orientation, physical or mental disability, or

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1		national origin, the defendant committed the offense
2		against (i) the person or property of that individual;
3		(ii) the person or property of a person who has an
4		association with, is married to, or has a friendship with
5		the other individual; or (iii) the person or property of a
6		relative (by blood or marriage) of a person described in
7		clause (i) or (ii). For the purposes of this Section,
8		"sexual orientation" has the meaning ascribed to it in
9		paragraph (O-1) of Section 1-103 of the Illinois Human
10		Rights Act;
11		(11) the offense took place in a place of worship or on
12		the grounds of a place of worship, immediately prior to,
13		during or immediately following worship services. For
14		purposes of this subparagraph, "place of worship" shall
15		mean any church, synagogue or other building, structure or
16		place used primarily for religious worship;
17		(12) the defendant was convicted of a felony committed
18		while he was on pretrial release or his own recognizance
19		pending trial for a prior felony and was convicted of such
20		prior felony, or the defendant was convicted of a felony
21		committed while he was serving a period of probation,
22		conditional discharge, or mandatory supervised release
23		under subsection (d) of Section 5-8-1 for a prior felony;
24		(13) the defendant committed or attempted to commit a
25		felony while he was wearing a bulletproof vest. For the
26		purposes of this paragraph (13), a bulletproof vest is any

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1		device which is designed for the purpose of protecting the
2		wearer from bullets, shot or other lethal projectiles;
3		(14) the defendant held a position of trust or
4		supervision such as, but not limited to, family member as
5		defined in Section 11-0.1 of the Criminal Code of 2012,
6		teacher, scout leader, baby sitter, or day care worker, in
7		relation to a victim under 18 years of age, and the
8		defendant committed an offense in violation of Section
9		11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
10		11-14.4 except for an offense that involves keeping a
11		place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
12		11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
13		or 12-16 of the Criminal Code of 1961 or the Criminal Code
14		of 2012 against that victim;
15		(15) the defendant committed an offense related to the
16		activities of an organized gang. For the purposes of this
17		factor, "organized gang" has the meaning ascribed to it in
18		Section 10 of the Streetgang Terrorism Omnibus Prevention
19		Act;
20		(16) the defendant committed an offense in violation
21		of one of the following Sections while in a school,
22		regardless of the time of day or time of year; on any
23		conveyance owned, leased, or contracted by a school to
24		transport students to or from school or a school related
25		activity; on the real property of a school; or on a public
26		way within 1,000 feet of the real property comprising any

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1		school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
2		11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
3		11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
4		12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
5		12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
6		for subdivision (a)(4) or (g)(1), of the Criminal Code of
7		1961 or the Criminal Code of 2012;
8		(16.5) the defendant committed an offense in violation
9		of one of the following Sections while in a day care
10		center, regardless of the time of day or time of year; on
11		the real property of a day care center, regardless of the
12		time of day or time of year; or on a public way within
13		1,000 feet of the real property comprising any day care
14		center, regardless of the time of day or time of year:
15		Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
16		11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
17		11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
18		12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
19		18-2, or 33A-2, or Section 12-3.05 except for subdivision
20		(a)(4) or (g)(1), of the Criminal Code of 1961 or the
21		Criminal Code of 2012;
22		(17) the defendant committed the offense by reason of
23		any person's activity as a community policing volunteer or
24		to prevent any person from engaging in activity as a
25		community policing volunteer. For the purpose of this
26		Section, "community policing volunteer" has the meaning

HB5490 Engrossed - 188 - LRB102 25922 RLC 35294 b
1		ascribed to it in Section 2-3.5 of the Criminal Code of
2		2012;
3		(18) the defendant committed the offense in a nursing
4		home or on the real property comprising a nursing home.
5		For the purposes of this paragraph (18), "nursing home"
6		means a skilled nursing or intermediate long term care
7		facility that is subject to license by the Illinois
8		Department of Public Health under the Nursing Home Care
9		Act, the Specialized Mental Health Rehabilitation Act of
10		2013, the ID/DD Community Care Act, or the MC/DD Act;
11		(19) the defendant was a federally licensed firearm
12		dealer and was previously convicted of a violation of
13		subsection (a) of Section 3 of the Firearm Owners
14		Identification Card Act and has now committed either a
15		felony violation of the Firearm Owners Identification Card
16		Act or an act of armed violence while armed with a firearm;
17		(20) the defendant (i) committed the offense of
18		reckless homicide under Section 9-3 of the Criminal Code
19		of 1961 or the Criminal Code of 2012 or the offense of
20		driving under the influence of alcohol, other drug or
21		drugs, intoxicating compound or compounds or any
22		combination thereof under Section 11-501 of the Illinois
23		Vehicle Code or a similar provision of a local ordinance
24		and (ii) was operating a motor vehicle in excess of 20
25		miles per hour over the posted speed limit as provided in
26		Article VI of Chapter 11 of the Illinois Vehicle Code;

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1		(21) the defendant (i) committed the offense of
2		reckless driving or aggravated reckless driving under
3		Section 11-503 of the Illinois Vehicle Code and (ii) was
4		operating a motor vehicle in excess of 20 miles per hour
5		over the posted speed limit as provided in Article VI of
6		Chapter 11 of the Illinois Vehicle Code;
7		(22) the defendant committed the offense against a
8		person that the defendant knew, or reasonably should have
9		known, was a member of the Armed Forces of the United
10		States serving on active duty. For purposes of this clause
11		(22), the term "Armed Forces" means any of the Armed
12		Forces of the United States, including a member of any
13		reserve component thereof or National Guard unit called to
14		active duty;
15		(23) the defendant committed the offense against a
16		person who was elderly or infirm or who was a person with a
17		disability by taking advantage of a family or fiduciary
18		relationship with the elderly or infirm person or person
19		with a disability;
20		(24) the defendant committed any offense under Section
21		11-20.1 of the Criminal Code of 1961 or the Criminal Code
22		of 2012 and possessed 100 or more images;
23		(25) the defendant committed the offense while the
24		defendant or the victim was in a train, bus, or other
25		vehicle used for public transportation;
26		(26) the defendant committed the offense of child

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1		sexual abuse material pornography or aggravated child
2		sexual abuse material pornography, specifically including
3		paragraph (1), (2), (3), (4), (5), or (7) of subsection
4		(a) of Section 11-20.1 of the Criminal Code of 1961 or the
5		Criminal Code of 2012 where a child engaged in, solicited
6		for, depicted in, or posed in any act of sexual
7		penetration or bound, fettered, or subject to sadistic,
8		masochistic, or sadomasochistic abuse in a sexual context
9		and specifically including paragraph (1), (2), (3), (4),
10		(5), or (7) of subsection (a) of Section 11-20.1B or
11		Section 11-20.3 of the Criminal Code of 1961 where a child
12		engaged in, solicited for, depicted in, or posed in any
13		act of sexual penetration or bound, fettered, or subject
14		to sadistic, masochistic, or sadomasochistic abuse in a
15		sexual context;
16		(27) the defendant committed the offense of first
17		degree murder, assault, aggravated assault, battery,
18		aggravated battery, robbery, armed robbery, or aggravated
19		robbery against a person who was a veteran and the
20		defendant knew, or reasonably should have known, that the
21		person was a veteran performing duties as a representative
22		of a veterans' organization. For the purposes of this
23		paragraph (27), "veteran" means an Illinois resident who
24		has served as a member of the United States Armed Forces, a
25		member of the Illinois National Guard, or a member of the
26		United States Reserve Forces; and "veterans' organization"

HB5490 Engrossed - 191 - LRB102 25922 RLC 35294 b
1		means an organization comprised of members of which
2		substantially all are individuals who are veterans or
3		spouses, widows, or widowers of veterans, the primary
4		purpose of which is to promote the welfare of its members
5		and to provide assistance to the general public in such a
6		way as to confer a public benefit;
7		(28) the defendant committed the offense of assault,
8		aggravated assault, battery, aggravated battery, robbery,
9		armed robbery, or aggravated robbery against a person that
10		the defendant knew or reasonably should have known was a
11		letter carrier or postal worker while that person was
12		performing his or her duties delivering mail for the
13		United States Postal Service;
14		(29) the defendant committed the offense of criminal
15		sexual assault, aggravated criminal sexual assault,
16		criminal sexual abuse, or aggravated criminal sexual abuse
17		against a victim with an intellectual disability, and the
18		defendant holds a position of trust, authority, or
19		supervision in relation to the victim;
20		(30) the defendant committed the offense of promoting
21		juvenile prostitution, patronizing a prostitute, or
22		patronizing a minor engaged in prostitution and at the
23		time of the commission of the offense knew that the
24		prostitute or minor engaged in prostitution was in the
25		custody or guardianship of the Department of Children and
26		Family Services;

HB5490 Engrossed - 192 - LRB102 25922 RLC 35294 b
1		(31) the defendant (i) committed the offense of
2		driving while under the influence of alcohol, other drug
3		or drugs, intoxicating compound or compounds or any
4		combination thereof in violation of Section 11-501 of the
5		Illinois Vehicle Code or a similar provision of a local
6		ordinance and (ii) the defendant during the commission of
7		the offense was driving his or her vehicle upon a roadway
8		designated for one-way traffic in the opposite direction
9		of the direction indicated by official traffic control
10		devices;
11		(32) the defendant committed the offense of reckless
12		homicide while committing a violation of Section 11-907 of
13		the Illinois Vehicle Code;
14		(33) the defendant was found guilty of an
15		administrative infraction related to an act or acts of
16		public indecency or sexual misconduct in the penal
17		institution. In this paragraph (33), "penal institution"
18		has the same meaning as in Section 2-14 of the Criminal
19		Code of 2012; or
20		(34) the defendant committed the offense of leaving
21		the scene of an accident in violation of subsection (b) of
22		Section 11-401 of the Illinois Vehicle Code and the
23		accident resulted in the death of a person and at the time
24		of the offense, the defendant was: (i) driving under the
25		influence of alcohol, other drug or drugs, intoxicating
26		compound or compounds or any combination thereof as

HB5490 Engrossed - 193 - LRB102 25922 RLC 35294 b
1		defined by Section 11-501 of the Illinois Vehicle Code; or
2		(ii) operating the motor vehicle while using an electronic
3		communication device as defined in Section 12-610.2 of the
4		Illinois Vehicle Code.
5		For the purposes of this Section:
6		"School" is defined as a public or private elementary or
7		secondary school, community college, college, or university.
8		"Day care center" means a public or private State
9		certified and licensed day care center as defined in Section
10		2.09 of the Child Care Act of 1969 that displays a sign in
11		plain view stating that the property is a day care center.
12		"Intellectual disability" means significantly subaverage
13		intellectual functioning which exists concurrently with
14		impairment in adaptive behavior.
15		"Public transportation" means the transportation or
16		conveyance of persons by means available to the general
17		public, and includes paratransit services.
18		"Traffic control devices" means all signs, signals,
19		markings, and devices that conform to the Illinois Manual on
20		Uniform Traffic Control Devices, placed or erected by
21		authority of a public body or official having jurisdiction,
22		for the purpose of regulating, warning, or guiding traffic.
23		(b) The following factors, related to all felonies, may be
24		considered by the court as reasons to impose an extended term
25		sentence under Section 5-8-2 upon any offender:
26		(1) When a defendant is convicted of any felony, after

HB5490 Engrossed - 194 - LRB102 25922 RLC 35294 b
1		having been previously convicted in Illinois or any other
2		jurisdiction of the same or similar class felony or
3		greater class felony, when such conviction has occurred
4		within 10 years after the previous conviction, excluding
5		time spent in custody, and such charges are separately
6		brought and tried and arise out of different series of
7		acts; or
8		(2) When a defendant is convicted of any felony and
9		the court finds that the offense was accompanied by
10		exceptionally brutal or heinous behavior indicative of
11		wanton cruelty; or
12		(3) When a defendant is convicted of any felony
13		committed against:
14		(i) a person under 12 years of age at the time of
15		the offense or such person's property;
16		(ii) a person 60 years of age or older at the time
17		of the offense or such person's property; or
18		(iii) a person who had a physical disability at
19		the time of the offense or such person's property; or
20		(4) When a defendant is convicted of any felony and
21		the offense involved any of the following types of
22		specific misconduct committed as part of a ceremony, rite,
23		initiation, observance, performance, practice or activity
24		of any actual or ostensible religious, fraternal, or
25		social group:
26		(i) the brutalizing or torturing of humans or

HB5490 Engrossed - 195 - LRB102 25922 RLC 35294 b
1		animals;
2		(ii) the theft of human corpses;
3		(iii) the kidnapping of humans;
4		(iv) the desecration of any cemetery, religious,
5		fraternal, business, governmental, educational, or
6		other building or property; or
7		(v) ritualized abuse of a child; or
8		(5) When a defendant is convicted of a felony other
9		than conspiracy and the court finds that the felony was
10		committed under an agreement with 2 or more other persons
11		to commit that offense and the defendant, with respect to
12		the other individuals, occupied a position of organizer,
13		supervisor, financier, or any other position of management
14		or leadership, and the court further finds that the felony
15		committed was related to or in furtherance of the criminal
16		activities of an organized gang or was motivated by the
17		defendant's leadership in an organized gang; or
18		(6) When a defendant is convicted of an offense
19		committed while using a firearm with a laser sight
20		attached to it. For purposes of this paragraph, "laser
21		sight" has the meaning ascribed to it in Section 26-7 of
22		the Criminal Code of 2012; or
23		(7) When a defendant who was at least 17 years of age
24		at the time of the commission of the offense is convicted
25		of a felony and has been previously adjudicated a
26		delinquent minor under the Juvenile Court Act of 1987 for

HB5490 Engrossed - 196 - LRB102 25922 RLC 35294 b
1		an act that if committed by an adult would be a Class X or
2		Class 1 felony when the conviction has occurred within 10
3		years after the previous adjudication, excluding time
4		spent in custody; or
5		(8) When a defendant commits any felony and the
6		defendant used, possessed, exercised control over, or
7		otherwise directed an animal to assault a law enforcement
8		officer engaged in the execution of his or her official
9		duties or in furtherance of the criminal activities of an
10		organized gang in which the defendant is engaged; or
11		(9) When a defendant commits any felony and the
12		defendant knowingly video or audio records the offense
13		with the intent to disseminate the recording.
14		(c) The following factors may be considered by the court
15		as reasons to impose an extended term sentence under Section
16		5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
17		offenses:
18		(1) When a defendant is convicted of first degree
19		murder, after having been previously convicted in Illinois
20		of any offense listed under paragraph (c)(2) of Section
21		5-5-3 (730 ILCS 5/5-5-3), when that conviction has
22		occurred within 10 years after the previous conviction,
23		excluding time spent in custody, and the charges are
24		separately brought and tried and arise out of different
25		series of acts.
26		(1.5) When a defendant is convicted of first degree

HB5490 Engrossed - 197 - LRB102 25922 RLC 35294 b
1		murder, after having been previously convicted of domestic
2		battery (720 ILCS 5/12-3.2) or aggravated domestic battery
3		(720 ILCS 5/12-3.3) committed on the same victim or after
4		having been previously convicted of violation of an order
5		of protection (720 ILCS 5/12-30) in which the same victim
6		was the protected person.
7		(2) When a defendant is convicted of voluntary
8		manslaughter, second degree murder, involuntary
9		manslaughter, or reckless homicide in which the defendant
10		has been convicted of causing the death of more than one
11		individual.
12		(3) When a defendant is convicted of aggravated
13		criminal sexual assault or criminal sexual assault, when
14		there is a finding that aggravated criminal sexual assault
15		or criminal sexual assault was also committed on the same
16		victim by one or more other individuals, and the defendant
17		voluntarily participated in the crime with the knowledge
18		of the participation of the others in the crime, and the
19		commission of the crime was part of a single course of
20		conduct during which there was no substantial change in
21		the nature of the criminal objective.
22		(4) If the victim was under 18 years of age at the time
23		of the commission of the offense, when a defendant is
24		convicted of aggravated criminal sexual assault or
25		predatory criminal sexual assault of a child under
26		subsection (a)(1) of Section 11-1.40 or subsection (a)(1)

HB5490 Engrossed - 198 - LRB102 25922 RLC 35294 b
1		of Section 12-14.1 of the Criminal Code of 1961 or the
2		Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
3		(5) When a defendant is convicted of a felony
4		violation of Section 24-1 of the Criminal Code of 1961 or
5		the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
6		finding that the defendant is a member of an organized
7		gang.
8		(6) When a defendant was convicted of unlawful use of
9		weapons under Section 24-1 of the Criminal Code of 1961 or
10		the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
11		a weapon that is not readily distinguishable as one of the
12		weapons enumerated in Section 24-1 of the Criminal Code of
13		1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
14		(7) When a defendant is convicted of an offense
15		involving the illegal manufacture of a controlled
16		substance under Section 401 of the Illinois Controlled
17		Substances Act (720 ILCS 570/401), the illegal manufacture
18		of methamphetamine under Section 25 of the Methamphetamine
19		Control and Community Protection Act (720 ILCS 646/25), or
20		the illegal possession of explosives and an emergency
21		response officer in the performance of his or her duties
22		is killed or injured at the scene of the offense while
23		responding to the emergency caused by the commission of
24		the offense. In this paragraph, "emergency" means a
25		situation in which a person's life, health, or safety is
26		in jeopardy; and "emergency response officer" means a

HB5490 Engrossed - 199 - LRB102 25922 RLC 35294 b
1		peace officer, community policing volunteer, fireman,
2		emergency medical technician-ambulance, emergency medical
3		technician-intermediate, emergency medical
4		technician-paramedic, ambulance driver, other medical
5		assistance or first aid personnel, or hospital emergency
6		room personnel.
7		(8) When the defendant is convicted of attempted mob
8		action, solicitation to commit mob action, or conspiracy
9		to commit mob action under Section 8-1, 8-2, or 8-4 of the
10		Criminal Code of 2012, where the criminal object is a
11		violation of Section 25-1 of the Criminal Code of 2012,
12		and an electronic communication is used in the commission
13		of the offense. For the purposes of this paragraph (8),
14		"electronic communication" shall have the meaning provided
15		in Section 26.5-0.1 of the Criminal Code of 2012.
16		(d) For the purposes of this Section, "organized gang" has
17		the meaning ascribed to it in Section 10 of the Illinois
18		Streetgang Terrorism Omnibus Prevention Act.
19		(e) The court may impose an extended term sentence under
20		Article 4.5 of Chapter V upon an offender who has been
21		convicted of a felony violation of Section 11-1.20, 11-1.30,
22		11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
23		12-16 of the Criminal Code of 1961 or the Criminal Code of 2012
24		when the victim of the offense is under 18 years of age at the
25		time of the commission of the offense and, during the
26		commission of the offense, the victim was under the influence

HB5490 Engrossed - 200 - LRB102 25922 RLC 35294 b
1		of alcohol, regardless of whether or not the alcohol was
2		supplied by the offender; and the offender, at the time of the
3		commission of the offense, knew or should have known that the
4		victim had consumed alcohol.
5		(Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20;
6		101-401, eff. 1-1-20; 101-417, eff. 1-1-20; 101-652, eff.
7		1-1-23; 102-558, eff. 8-20-21.)
8		(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
9		Sec. 5-8-1. Natural life imprisonment; enhancements for
10		use of a firearm; mandatory supervised release terms.
11		(a) Except as otherwise provided in the statute defining
12		the offense or in Article 4.5 of Chapter V, a sentence of
13		imprisonment for a felony shall be a determinate sentence set
14		by the court under this Section, subject to Section 5-4.5-115
15		of this Code, according to the following limitations:
16		(1) for first degree murder,
17		(a) (blank),
18		(b) if a trier of fact finds beyond a reasonable
19		doubt that the murder was accompanied by exceptionally
20		brutal or heinous behavior indicative of wanton
21		cruelty or, except as set forth in subsection
22		(a)(1)(c) of this Section, that any of the aggravating
23		factors listed in subsection (b) or (b-5) of Section
24		9-1 of the Criminal Code of 1961 or the Criminal Code
25		of 2012 are present, the court may sentence the

HB5490 Engrossed - 201 - LRB102 25922 RLC 35294 b
1		defendant, subject to Section 5-4.5-105, to a term of
2		natural life imprisonment, or
3		(c) the court shall sentence the defendant to a
4		term of natural life imprisonment if the defendant, at
5		the time of the commission of the murder, had attained
6		the age of 18, and:
7		(i) has previously been convicted of first
8		degree murder under any state or federal law, or
9		(ii) is found guilty of murdering more than
10		one victim, or
11		(iii) is found guilty of murdering a peace
12		officer, fireman, or emergency management worker
13		when the peace officer, fireman, or emergency
14		management worker was killed in the course of
15		performing his official duties, or to prevent the
16		peace officer or fireman from performing his
17		official duties, or in retaliation for the peace
18		officer, fireman, or emergency management worker
19		from performing his official duties, and the
20		defendant knew or should have known that the
21		murdered individual was a peace officer, fireman,
22		or emergency management worker, or
23		(iv) is found guilty of murdering an employee
24		of an institution or facility of the Department of
25		Corrections, or any similar local correctional
26		agency, when the employee was killed in the course

HB5490 Engrossed - 202 - LRB102 25922 RLC 35294 b
1		of performing his official duties, or to prevent
2		the employee from performing his official duties,
3		or in retaliation for the employee performing his
4		official duties, or
5		(v) is found guilty of murdering an emergency
6		medical technician - ambulance, emergency medical
7		technician - intermediate, emergency medical
8		technician - paramedic, ambulance driver or other
9		medical assistance or first aid person while
10		employed by a municipality or other governmental
11		unit when the person was killed in the course of
12		performing official duties or to prevent the
13		person from performing official duties or in
14		retaliation for performing official duties and the
15		defendant knew or should have known that the
16		murdered individual was an emergency medical
17		technician - ambulance, emergency medical
18		technician - intermediate, emergency medical
19		technician - paramedic, ambulance driver, or other
20		medical assistant or first aid personnel, or
21		(vi) (blank), or
22		(vii) is found guilty of first degree murder
23		and the murder was committed by reason of any
24		person's activity as a community policing
25		volunteer or to prevent any person from engaging
26		in activity as a community policing volunteer. For

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1		the purpose of this Section, "community policing
2		volunteer" has the meaning ascribed to it in
3		Section 2-3.5 of the Criminal Code of 2012.
4		For purposes of clause (v), "emergency medical
5		technician - ambulance", "emergency medical technician -
6		intermediate", "emergency medical technician -
7		paramedic", have the meanings ascribed to them in the
8		Emergency Medical Services (EMS) Systems Act.
9		(d)(i) if the person committed the offense while
10		armed with a firearm, 15 years shall be added to
11		the term of imprisonment imposed by the court;
12		(ii) if, during the commission of the offense, the
13		person personally discharged a firearm, 20 years shall
14		be added to the term of imprisonment imposed by the
15		court;
16		(iii) if, during the commission of the offense,
17		the person personally discharged a firearm that
18		proximately caused great bodily harm, permanent
19		disability, permanent disfigurement, or death to
20		another person, 25 years or up to a term of natural
21		life shall be added to the term of imprisonment
22		imposed by the court.
23		(2) (blank);
24		(2.5) for a person who has attained the age of 18 years
25		at the time of the commission of the offense and who is
26		convicted under the circumstances described in subdivision

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1		(b)(1)(B) of Section 11-1.20 or paragraph (3) of
2		subsection (b) of Section 12-13, subdivision (d)(2) of
3		Section 11-1.30 or paragraph (2) of subsection (d) of
4		Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
5		paragraph (1.2) of subsection (b) of Section 12-14.1,
6		subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
7		subsection (b) of Section 12-14.1 of the Criminal Code of
8		1961 or the Criminal Code of 2012, the sentence shall be a
9		term of natural life imprisonment.
10		(b) (Blank).
11		(c) (Blank).
12		(d) Subject to earlier termination under Section 3-3-8,
13		the parole or mandatory supervised release term shall be
14		written as part of the sentencing order and shall be as
15		follows:
16		(1) for first degree murder or for the offenses of
17		predatory criminal sexual assault of a child, aggravated
18		criminal sexual assault, and criminal sexual assault if
19		committed on or before December 12, 2005, 3 years;
20		(1.5) except as provided in paragraph (7) of this
21		subsection (d), for a Class X felony except for the
22		offenses of predatory criminal sexual assault of a child,
23		aggravated criminal sexual assault, and criminal sexual
24		assault if committed on or after December 13, 2005 (the
25		effective date of Public Act 94-715) and except for the
26		offense of aggravated child sexual abuse material

HB5490 Engrossed - 205 - LRB102 25922 RLC 35294 b
1		pornography under Section 11-20.1B, 11-20.3, or 11-20.1
2		with sentencing under subsection (c-5) of Section 11-20.1
3		of the Criminal Code of 1961 or the Criminal Code of 2012,
4		if committed on or after January 1, 2009, 18 months;
5		(2) except as provided in paragraph (7) of this
6		subsection (d), for a Class 1 felony or a Class 2 felony
7		except for the offense of criminal sexual assault if
8		committed on or after December 13, 2005 (the effective
9		date of Public Act 94-715) and except for the offenses of
10		manufacture and dissemination of child sexual abuse
11		material pornography under clauses (a)(1) and (a)(2) of
12		Section 11-20.1 of the Criminal Code of 1961 or the
13		Criminal Code of 2012, if committed on or after January 1,
14		2009, 12 months;
15		(3) except as provided in paragraph (4), (6), or (7)
16		of this subsection (d), a mandatory supervised release
17		term shall not be imposed for a Class 3 felony or a Class 4
18		felony; unless:
19		(A) the Prisoner Review Board, based on a
20		validated risk and needs assessment, determines it is
21		necessary for an offender to serve a mandatory
22		supervised release term;
23		(B) if the Prisoner Review Board determines a
24		mandatory supervised release term is necessary
25		pursuant to subparagraph (A) of this paragraph (3),
26		the Prisoner Review Board shall specify the maximum

HB5490 Engrossed - 206 - LRB102 25922 RLC 35294 b
1		number of months of mandatory supervised release the
2		offender may serve, limited to a term of: (i) 12 months
3		for a Class 3 felony; and (ii) 12 months for a Class 4
4		felony;
5		(4) for defendants who commit the offense of predatory
6		criminal sexual assault of a child, aggravated criminal
7		sexual assault, or criminal sexual assault, on or after
8		December 13, 2005 (the effective date of Public Act
9		94-715), or who commit the offense of aggravated child
10		sexual abuse material pornography under Section 11-20.1B,
11		11-20.3, or 11-20.1 with sentencing under subsection (c-5)
12		of Section 11-20.1 of the Criminal Code of 1961 or the
13		Criminal Code of 2012, manufacture of child sexual abuse
14		material pornography, or dissemination of child sexual
15		abuse material pornography after January 1, 2009, the term
16		of mandatory supervised release shall range from a minimum
17		of 3 years to a maximum of the natural life of the
18		defendant;
19		(5) if the victim is under 18 years of age, for a
20		second or subsequent offense of aggravated criminal sexual
21		abuse or felony criminal sexual abuse, 4 years, at least
22		the first 2 years of which the defendant shall serve in an
23		electronic monitoring or home detention program under
24		Article 8A of Chapter V of this Code;
25		(6) for a felony domestic battery, aggravated domestic
26		battery, stalking, aggravated stalking, and a felony

HB5490 Engrossed - 207 - LRB102 25922 RLC 35294 b
1		violation of an order of protection, 4 years;
2		(7) for any felony described in paragraph (a)(2)(ii),
3		(a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
4		(a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
5		3-6-3 of the Unified Code of Corrections requiring an
6		inmate to serve a minimum of 85% of their court-imposed
7		sentence, except for the offenses of predatory criminal
8		sexual assault of a child, aggravated criminal sexual
9		assault, and criminal sexual assault if committed on or
10		after December 13, 2005 (the effective date of Public Act
11		94-715) and except for the offense of aggravated child
12		sexual abuse material pornography under Section 11-20.1B,
13		11-20.3, or 11-20.1 with sentencing under subsection (c-5)
14		of Section 11-20.1 of the Criminal Code of 1961 or the
15		Criminal Code of 2012, if committed on or after January 1,
16		2009 and except as provided in paragraph (4) or paragraph
17		(6) of this subsection (d), the term of mandatory
18		supervised release shall be as follows:
19		(A) Class X felony, 3 years;
20		(B) Class 1 or Class 2 felonies, 2 years;
21		(C) Class 3 or Class 4 felonies, 1 year.
22		(e) (Blank).
23		(f) (Blank).
24		(g) Notwithstanding any other provisions of this Act and
25		of Public Act 101-652: (i) the provisions of paragraph (3) of
26		subsection (d) are effective on July 1, 2022 and shall apply to

HB5490 Engrossed - 208 - LRB102 25922 RLC 35294 b
1		all individuals convicted on or after the effective date of
2		paragraph (3) of subsection (d); and (ii) the provisions of
3		paragraphs (1.5) and (2) of subsection (d) are effective on
4		July 1, 2021 and shall apply to all individuals convicted on or
5		after the effective date of paragraphs (1.5) and (2) of
6		subsection (d).
7		(Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21;
8		102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff.
9		1-7-22.)
10		(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
11		Sec. 5-8-4. Concurrent and consecutive terms of
12		imprisonment.
13		(a) Concurrent terms; multiple or additional sentences.
14		When an Illinois court (i) imposes multiple sentences of
15		imprisonment on a defendant at the same time or (ii) imposes a
16		sentence of imprisonment on a defendant who is already subject
17		to a sentence of imprisonment imposed by an Illinois court, a
18		court of another state, or a federal court, then the sentences
19		shall run concurrently unless otherwise determined by the
20		Illinois court under this Section.
21		(b) Concurrent terms; misdemeanor and felony. A defendant
22		serving a sentence for a misdemeanor who is convicted of a
23		felony and sentenced to imprisonment shall be transferred to
24		the Department of Corrections, and the misdemeanor sentence
25		shall be merged in and run concurrently with the felony

HB5490 Engrossed - 209 - LRB102 25922 RLC 35294 b
1		sentence.
2		(c) Consecutive terms; permissive. The court may impose
3		consecutive sentences in any of the following circumstances:
4		(1) If, having regard to the nature and circumstances
5		of the offense and the history and character of the
6		defendant, it is the opinion of the court that consecutive
7		sentences are required to protect the public from further
8		criminal conduct by the defendant, the basis for which the
9		court shall set forth in the record.
10		(2) If one of the offenses for which a defendant was
11		convicted was a violation of Section 32-5.2 (aggravated
12		false personation of a peace officer) of the Criminal Code
13		of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
14		(b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
15		1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
16		offense was committed in attempting or committing a
17		forcible felony.
18		(d) Consecutive terms; mandatory. The court shall impose
19		consecutive sentences in each of the following circumstances:
20		(1) One of the offenses for which the defendant was
21		convicted was first degree murder or a Class X or Class 1
22		felony and the defendant inflicted severe bodily injury.
23		(2) The defendant was convicted of a violation of
24		Section 11-1.20 or 12-13 (criminal sexual assault),
25		11-1.30 or 12-14 (aggravated criminal sexual assault), or
26		11-1.40 or 12-14.1 (predatory criminal sexual assault of a

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

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

HB5490 Engrossed - 212 - LRB102 25922 RLC 35294 b
1		ILCS 5/9-3.1 or 5/12-20.5).
2		(5.5) The defendant was convicted of a violation of
3		Section 24-3.7 (use of a stolen firearm in the commission
4		of an offense) of the Criminal Code of 1961 or the Criminal
5		Code of 2012.
6		(6) If the defendant was in the custody of the
7		Department of Corrections at the time of the commission of
8		the offense, the sentence shall be served consecutive to
9		the sentence under which the defendant is held by the
10		Department of Corrections. If, however, the defendant is
11		sentenced to punishment by death, the sentence shall be
12		executed at such time as the court may fix without regard
13		to the sentence under which the defendant may be held by
14		the Department.
15		(7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
16		for escape or attempted escape shall be served consecutive
17		to the terms under which the offender is held by the
18		Department of Corrections.
19		(8) If a person charged with a felony commits a
20		separate felony while on pretrial release or in pretrial
21		detention in a county jail facility or county detention
22		facility, then the sentences imposed upon conviction of
23		these felonies shall be served consecutively regardless of
24		the order in which the judgments of conviction are
25		entered.
26		(8.5) If a person commits a battery against a county

HB5490 Engrossed - 213 - LRB102 25922 RLC 35294 b
1		correctional officer or sheriff's employee while serving a
2		sentence or in pretrial detention in a county jail
3		facility, then the sentence imposed upon conviction of the
4		battery shall be served consecutively with the sentence
5		imposed upon conviction of the earlier misdemeanor or
6		felony, regardless of the order in which the judgments of
7		conviction are entered.
8		(9) If a person admitted to bail following conviction
9		of a felony commits a separate felony while free on bond or
10		if a person detained in a county jail facility or county
11		detention facility following conviction of a felony
12		commits a separate felony while in detention, then any
13		sentence following conviction of the separate felony shall
14		be consecutive to that of the original sentence for which
15		the defendant was on bond or detained.
16		(10) If a person is found to be in possession of an
17		item of contraband, as defined in Section 31A-0.1 of the
18		Criminal Code of 2012, while serving a sentence in a
19		county jail or while in pre-trial detention in a county
20		jail, the sentence imposed upon conviction for the offense
21		of possessing contraband in a penal institution shall be
22		served consecutively to the sentence imposed for the
23		offense in which the person is serving sentence in the
24		county jail or serving pretrial detention, regardless of
25		the order in which the judgments of conviction are
26		entered.

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

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

HB5490 Engrossed - 216 - LRB102 25922 RLC 35294 b
1		following:
2		(1) The maximum period of a term of imprisonment shall
3		consist of the aggregate of the maximums of the imposed
4		indeterminate terms, if any, plus the aggregate of the
5		imposed determinate sentences for felonies, plus the
6		aggregate of the imposed determinate sentences for
7		misdemeanors, subject to subsection (f) of this Section.
8		(2) The parole or mandatory supervised release term
9		shall be as provided in paragraph (e) of Section 5-4.5-50
10		(730 ILCS 5/5-4.5-50) for the most serious of the offenses
11		involved.
12		(3) The minimum period of imprisonment shall be the
13		aggregate of the minimum and determinate periods of
14		imprisonment imposed by the court, subject to subsection
15		(f) of this Section.
16		(4) The defendant shall be awarded credit against the
17		aggregate maximum term and the aggregate minimum term of
18		imprisonment for all time served in an institution since
19		the commission of the offense or offenses and as a
20		consequence thereof at the rate specified in Section 3-6-3
21		(730 ILCS 5/3-6-3).
22		(h) Notwithstanding any other provisions of this Section,
23		all sentences imposed by an Illinois court under this Code
24		shall run concurrent to any and all sentences imposed under
25		the Juvenile Court Act of 1987.
26		(Source: P.A. 102-350, eff. 8-13-21.)

HB5490 Engrossed - 217 - LRB102 25922 RLC 35294 b
1		(730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7)
2		Sec. 5-9-1.7. Sexual assault fines.
3		(a) Definitions. The terms used in this Section shall have
4		the following meanings ascribed to them:
5		(1) "Sexual assault" means the commission or attempted
6		commission of the following: sexual exploitation of a
7		child, criminal sexual assault, predatory criminal sexual
8		assault of a child, aggravated criminal sexual assault,
9		criminal sexual abuse, aggravated criminal sexual abuse,
10		indecent solicitation of a child, public indecency, sexual
11		relations within families, promoting juvenile
12		prostitution, soliciting for a juvenile prostitute,
13		keeping a place of juvenile prostitution, patronizing a
14		juvenile prostitute, juvenile pimping, exploitation of a
15		child, obscenity, child sexual abuse material pornography,
16		aggravated child sexual abuse material pornography,
17		harmful material, or ritualized abuse of a child, as those
18		offenses are defined in the Criminal Code of 1961 or the
19		Criminal Code of 2012.
20		(2) (Blank).
21		(3) "Sexual assault organization" means any
22		not-for-profit organization providing comprehensive,
23		community-based services to victims of sexual assault.
24		"Community-based services" include, but are not limited
25		to, direct crisis intervention through a 24-hour response,

HB5490 Engrossed - 218 - LRB102 25922 RLC 35294 b
1		medical and legal advocacy, counseling, information and
2		referral services, training, and community education.
3		(b) (Blank).
4		(c) Sexual Assault Services Fund; administration. There is
5		created a Sexual Assault Services Fund. Moneys deposited into
6		the Fund under Section 15-20 and 15-40 of the Criminal and
7		Traffic Assessment Act shall be appropriated to the Department
8		of Public Health. Upon appropriation of moneys from the Sexual
9		Assault Services Fund, the Department of Public Health shall
10		make grants of these moneys from the Fund to sexual assault
11		organizations with whom the Department has contracts for the
12		purpose of providing community-based services to victims of
13		sexual assault. Grants made under this Section are in addition
14		to, and are not substitutes for, other grants authorized and
15		made by the Department.
16		(Source: P.A. 100-987, eff. 7-1-19.)
17		(730 ILCS 5/5-9-1.8)
18		Sec. 5-9-1.8. Child sexual abuse material pornography
19		fines. Beginning July 1, 2006, 100% of the fines in excess of
20		$10,000 collected for violations of Section 11-20.1 of the
21		Criminal Code of 1961 or the Criminal Code of 2012 shall be
22		deposited into the Child Abuse Prevention Fund that is created
23		in the State Treasury. Moneys in the Fund resulting from the
24		fines shall be for the use of the Department of Children and
25		Family Services for grants to private entities giving

HB5490 Engrossed - 219 - LRB102 25922 RLC 35294 b
1		treatment and counseling to victims of child sexual abuse.
2		Notwithstanding any other provision of law, in addition to
3		any other transfers that may be provided by law, on July 1,
4		2006, or as soon thereafter as practical, the State
5		Comptroller shall direct and the State Treasurer shall
6		transfer the remaining balance from the Child Sexual Abuse
7		Fund into the Child Abuse Prevention Fund. Upon completion of
8		the transfer, the Child Sexual Abuse Fund is dissolved, and
9		any future deposits due to that Fund and any outstanding
10		obligations or liabilities of the Fund pass to the Child Abuse
11		Prevention Fund.
12		(Source: P.A. 97-1150, eff. 1-25-13.)
13		Section 70. The Sex Offender Registration Act is amended
14		by changing Section 2 as follows:
15		(730 ILCS 150/2) (from Ch. 38, par. 222)
16		Sec. 2. Definitions.
17		(A) As used in this Article, "sex offender" means any
18		person who is:
19		(1) charged pursuant to Illinois law, or any
20		substantially similar federal, Uniform Code of Military
21		Justice, sister state, or foreign country law, with a sex
22		offense set forth in subsection (B) of this Section or the
23		attempt to commit an included sex offense, and:
24		(a) is convicted of such offense or an attempt to

HB5490 Engrossed - 220 - LRB102 25922 RLC 35294 b
1		commit such offense; or
2		(b) is found not guilty by reason of insanity of
3		such offense or an attempt to commit such offense; or
4		(c) is found not guilty by reason of insanity
5		pursuant to Section 104-25(c) of the Code of Criminal
6		Procedure of 1963 of such offense or an attempt to
7		commit such offense; or
8		(d) is the subject of a finding not resulting in an
9		acquittal at a hearing conducted pursuant to Section
10		104-25(a) of the Code of Criminal Procedure of 1963
11		for the alleged commission or attempted commission of
12		such offense; or
13		(e) is found not guilty by reason of insanity
14		following a hearing conducted pursuant to a federal,
15		Uniform Code of Military Justice, sister state, or
16		foreign country law substantially similar to Section
17		104-25(c) of the Code of Criminal Procedure of 1963 of
18		such offense or of the attempted commission of such
19		offense; or
20		(f) is the subject of a finding not resulting in an
21		acquittal at a hearing conducted pursuant to a
22		federal, Uniform Code of Military Justice, sister
23		state, or foreign country law substantially similar to
24		Section 104-25(a) of the Code of Criminal Procedure of
25		1963 for the alleged violation or attempted commission
26		of such offense; or

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1		(2) declared as a sexually dangerous person pursuant
2		to the Illinois Sexually Dangerous Persons Act, or any
3		substantially similar federal, Uniform Code of Military
4		Justice, sister state, or foreign country law; or
5		(3) subject to the provisions of Section 2 of the
6		Interstate Agreements on Sexually Dangerous Persons Act;
7		or
8		(4) found to be a sexually violent person pursuant to
9		the Sexually Violent Persons Commitment Act or any
10		substantially similar federal, Uniform Code of Military
11		Justice, sister state, or foreign country law; or
12		(5) adjudicated a juvenile delinquent as the result of
13		committing or attempting to commit an act which, if
14		committed by an adult, would constitute any of the
15		offenses specified in item (B), (C), or (C-5) of this
16		Section or a violation of any substantially similar
17		federal, Uniform Code of Military Justice, sister state,
18		or foreign country law, or found guilty under Article V of
19		the Juvenile Court Act of 1987 of committing or attempting
20		to commit an act which, if committed by an adult, would
21		constitute any of the offenses specified in item (B), (C),
22		or (C-5) of this Section or a violation of any
23		substantially similar federal, Uniform Code of Military
24		Justice, sister state, or foreign country law.
25		Convictions that result from or are connected with the
26		same act, or result from offenses committed at the same time,

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1		shall be counted for the purpose of this Article as one
2		conviction. Any conviction set aside pursuant to law is not a
3		conviction for purposes of this Article.
4		For purposes of this Section, "convicted" shall have the
5		same meaning as "adjudicated".
6		(B) As used in this Article, "sex offense" means:
7		(1) A violation of any of the following Sections of
8		the Criminal Code of 1961 or the Criminal Code of 2012:
9		11-20.1 (child sexual abuse material pornography),
10		11-20.1B or 11-20.3 (aggravated child sexual abuse
11		material pornography),
12		11-6 (indecent solicitation of a child),
13		11-9.1 (sexual exploitation of a child),
14		11-9.2 (custodial sexual misconduct),
15		11-9.5 (sexual misconduct with a person with a
16		disability),
17		11-14.4 (promoting juvenile prostitution),
18		11-15.1 (soliciting for a juvenile prostitute),
19		11-18.1 (patronizing a juvenile prostitute),
20		11-17.1 (keeping a place of juvenile
21		prostitution),
22		11-19.1 (juvenile pimping),
23		11-19.2 (exploitation of a child),
24		11-25 (grooming),
25		11-26 (traveling to meet a minor or traveling to
26		meet a child),

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1		11-1.20 or 12-13 (criminal sexual assault),
2		11-1.30 or 12-14 (aggravated criminal sexual
3		assault),
4		11-1.40 or 12-14.1 (predatory criminal sexual
5		assault of a child),
6		11-1.50 or 12-15 (criminal sexual abuse),
7		11-1.60 or 12-16 (aggravated criminal sexual
8		abuse),
9		12-33 (ritualized abuse of a child).
10		An attempt to commit any of these offenses.
11		(1.5) A violation of any of the following Sections of
12		the Criminal Code of 1961 or the Criminal Code of 2012,
13		when the victim is a person under 18 years of age, the
14		defendant is not a parent of the victim, the offense was
15		sexually motivated as defined in Section 10 of the Sex
16		Offender Evaluation and Treatment Act, and the offense was
17		committed on or after January 1, 1996:
18		10-1 (kidnapping),
19		10-2 (aggravated kidnapping),
20		10-3 (unlawful restraint),
21		10-3.1 (aggravated unlawful restraint).
22		If the offense was committed before January 1, 1996,
23		it is a sex offense requiring registration only when the
24		person is convicted of any felony after July 1, 2011, and
25		paragraph (2.1) of subsection (c) of Section 3 of this Act
26		applies.

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1		(1.6) First degree murder under Section 9-1 of the
2		Criminal Code of 1961 or the Criminal Code of 2012,
3		provided the offense was sexually motivated as defined in
4		Section 10 of the Sex Offender Management Board Act.
5		(1.7) (Blank).
6		(1.8) A violation or attempted violation of Section
7		11-11 (sexual relations within families) of the Criminal
8		Code of 1961 or the Criminal Code of 2012, and the offense
9		was committed on or after June 1, 1997. If the offense was
10		committed before June 1, 1997, it is a sex offense
11		requiring registration only when the person is convicted
12		of any felony after July 1, 2011, and paragraph (2.1) of
13		subsection (c) of Section 3 of this Act applies.
14		(1.9) Child abduction under paragraph (10) of
15		subsection (b) of Section 10-5 of the Criminal Code of
16		1961 or the Criminal Code of 2012 committed by luring or
17		attempting to lure a child under the age of 16 into a motor
18		vehicle, building, house trailer, or dwelling place
19		without the consent of the parent or lawful custodian of
20		the child for other than a lawful purpose and the offense
21		was committed on or after January 1, 1998, provided the
22		offense was sexually motivated as defined in Section 10 of
23		the Sex Offender Management Board Act. If the offense was
24		committed before January 1, 1998, it is a sex offense
25		requiring registration only when the person is convicted
26		of any felony after July 1, 2011, and paragraph (2.1) of

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1		subsection (c) of Section 3 of this Act applies.
2		(1.10) A violation or attempted violation of any of
3		the following Sections of the Criminal Code of 1961 or the
4		Criminal Code of 2012 when the offense was committed on or
5		after July 1, 1999:
6		10-4 (forcible detention, if the victim is under
7		18 years of age), provided the offense was sexually
8		motivated as defined in Section 10 of the Sex Offender
9		Management Board Act,
10		11-6.5 (indecent solicitation of an adult),
11		11-14.3 that involves soliciting for a prostitute,
12		or 11-15 (soliciting for a prostitute, if the victim
13		is under 18 years of age),
14		subdivision (a)(2)(A) or (a)(2)(B) of Section
15		11-14.3, or Section 11-16 (pandering, if the victim is
16		under 18 years of age),
17		11-18 (patronizing a prostitute, if the victim is
18		under 18 years of age),
19		subdivision (a)(2)(C) of Section 11-14.3, or
20		Section 11-19 (pimping, if the victim is under 18
21		years of age).
22		If the offense was committed before July 1, 1999, it
23		is a sex offense requiring registration only when the
24		person is convicted of any felony after July 1, 2011, and
25		paragraph (2.1) of subsection (c) of Section 3 of this Act
26		applies.

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1		(1.11) A violation or attempted violation of any of
2		the following Sections of the Criminal Code of 1961 or the
3		Criminal Code of 2012 when the offense was committed on or
4		after August 22, 2002:
5		11-9 or 11-30 (public indecency for a third or
6		subsequent conviction).
7		If the third or subsequent conviction was imposed
8		before August 22, 2002, it is a sex offense requiring
9		registration only when the person is convicted of any
10		felony after July 1, 2011, and paragraph (2.1) of
11		subsection (c) of Section 3 of this Act applies.
12		(1.12) A violation or attempted violation of Section
13		5.1 of the Wrongs to Children Act or Section 11-9.1A of the
14		Criminal Code of 1961 or the Criminal Code of 2012
15		(permitting sexual abuse) when the offense was committed
16		on or after August 22, 2002. If the offense was committed
17		before August 22, 2002, it is a sex offense requiring
18		registration only when the person is convicted of any
19		felony after July 1, 2011, and paragraph (2.1) of
20		subsection (c) of Section 3 of this Act applies.
21		(2) A violation of any former law of this State
22		substantially equivalent to any offense listed in
23		subsection (B) of this Section.
24		(C) A conviction for an offense of federal law, Uniform
25		Code of Military Justice, or the law of another state or a
26		foreign country that is substantially equivalent to any

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1		offense listed in subsections (B), (C), (E), and (E-5) of this
2		Section shall constitute a conviction for the purpose of this
3		Article. A finding or adjudication as a sexually dangerous
4		person or a sexually violent person under any federal law,
5		Uniform Code of Military Justice, or the law of another state
6		or foreign country that is substantially equivalent to the
7		Sexually Dangerous Persons Act or the Sexually Violent Persons
8		Commitment Act shall constitute an adjudication for the
9		purposes of this Article.
10		(C-5) A person at least 17 years of age at the time of the
11		commission of the offense who is convicted of first degree
12		murder under Section 9-1 of the Criminal Code of 1961 or the
13		Criminal Code of 2012, against a person under 18 years of age,
14		shall be required to register for natural life. A conviction
15		for an offense of federal, Uniform Code of Military Justice,
16		sister state, or foreign country law that is substantially
17		equivalent to any offense listed in subsection (C-5) of this
18		Section shall constitute a conviction for the purpose of this
19		Article. This subsection (C-5) applies to a person who
20		committed the offense before June 1, 1996 if: (i) the person is
21		incarcerated in an Illinois Department of Corrections facility
22		on August 20, 2004 (the effective date of Public Act 93-977),
23		or (ii) subparagraph (i) does not apply and the person is
24		convicted of any felony after July 1, 2011, and paragraph
25		(2.1) of subsection (c) of Section 3 of this Act applies.
26		(C-6) A person who is convicted or adjudicated delinquent

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1		of first degree murder as defined in Section 9-1 of the
2		Criminal Code of 1961 or the Criminal Code of 2012, against a
3		person 18 years of age or over, shall be required to register
4		for his or her natural life. A conviction for an offense of
5		federal, Uniform Code of Military Justice, sister state, or
6		foreign country law that is substantially equivalent to any
7		offense listed in subsection (C-6) of this Section shall
8		constitute a conviction for the purpose of this Article. This
9		subsection (C-6) does not apply to those individuals released
10		from incarceration more than 10 years prior to January 1, 2012
11		(the effective date of Public Act 97-154).
12		(D) As used in this Article, "law enforcement agency
13		having jurisdiction" means the Chief of Police in each of the
14		municipalities in which the sex offender expects to reside,
15		work, or attend school (1) upon his or her discharge, parole or
16		release or (2) during the service of his or her sentence of
17		probation or conditional discharge, or the Sheriff of the
18		county, in the event no Police Chief exists or if the offender
19		intends to reside, work, or attend school in an unincorporated
20		area. "Law enforcement agency having jurisdiction" includes
21		the location where out-of-state students attend school and
22		where out-of-state employees are employed or are otherwise
23		required to register.
24		(D-1) As used in this Article, "supervising officer" means
25		the assigned Illinois Department of Corrections parole agent
26		or county probation officer.

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1		(E) As used in this Article, "sexual predator" means any
2		person who, after July 1, 1999, is:
3		(1) Convicted for an offense of federal, Uniform Code
4		of Military Justice, sister state, or foreign country law
5		that is substantially equivalent to any offense listed in
6		subsection (E) or (E-5) of this Section shall constitute a
7		conviction for the purpose of this Article. Convicted of a
8		violation or attempted violation of any of the following
9		Sections of the Criminal Code of 1961 or the Criminal Code
10		of 2012:
11		10-5.1 (luring of a minor),
12		11-14.4 that involves keeping a place of juvenile
13		prostitution, or 11-17.1 (keeping a place of juvenile
14		prostitution),
15		subdivision (a)(2) or (a)(3) of Section 11-14.4,
16		or Section 11-19.1 (juvenile pimping),
17		subdivision (a)(4) of Section 11-14.4, or Section
18		11-19.2 (exploitation of a child),
19		11-20.1 (child sexual abuse material pornography),
20		11-20.1B or 11-20.3 (aggravated child sexual abuse
21		material pornography),
22		11-1.20 or 12-13 (criminal sexual assault),
23		11-1.30 or 12-14 (aggravated criminal sexual
24		assault),
25		11-1.40 or 12-14.1 (predatory criminal sexual
26		assault of a child),

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1		11-1.60 or 12-16 (aggravated criminal sexual
2		abuse),
3		12-33 (ritualized abuse of a child);
4		(2) (blank);
5		(3) declared as a sexually dangerous person pursuant
6		to the Sexually Dangerous Persons Act or any substantially
7		similar federal, Uniform Code of Military Justice, sister
8		state, or foreign country law;
9		(4) found to be a sexually violent person pursuant to
10		the Sexually Violent Persons Commitment Act or any
11		substantially similar federal, Uniform Code of Military
12		Justice, sister state, or foreign country law;
13		(5) convicted of a second or subsequent offense which
14		requires registration pursuant to this Act. For purposes
15		of this paragraph (5), "convicted" shall include a
16		conviction under any substantially similar Illinois,
17		federal, Uniform Code of Military Justice, sister state,
18		or foreign country law;
19		(6) (blank); or
20		(7) if the person was convicted of an offense set
21		forth in this subsection (E) on or before July 1, 1999, the
22		person is a sexual predator for whom registration is
23		required only when the person is convicted of a felony
24		offense after July 1, 2011, and paragraph (2.1) of
25		subsection (c) of Section 3 of this Act applies.
26		(E-5) As used in this Article, "sexual predator" also

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1		means a person convicted of a violation or attempted violation
2		of any of the following Sections of the Criminal Code of 1961
3		or the Criminal Code of 2012:
4		(1) Section 9-1 (first degree murder, when the victim
5		was a person under 18 years of age and the defendant was at
6		least 17 years of age at the time of the commission of the
7		offense, provided the offense was sexually motivated as
8		defined in Section 10 of the Sex Offender Management Board
9		Act);
10		(2) Section 11-9.5 (sexual misconduct with a person
11		with a disability);
12		(3) when the victim is a person under 18 years of age,
13		the defendant is not a parent of the victim, the offense
14		was sexually motivated as defined in Section 10 of the Sex
15		Offender Management Board Act, and the offense was
16		committed on or after January 1, 1996: (A) Section 10-1
17		(kidnapping), (B) Section 10-2 (aggravated kidnapping),
18		(C) Section 10-3 (unlawful restraint), and (D) Section
19		10-3.1 (aggravated unlawful restraint); and
20		(4) Section 10-5(b)(10) (child abduction committed by
21		luring or attempting to lure a child under the age of 16
22		into a motor vehicle, building, house trailer, or dwelling
23		place without the consent of the parent or lawful
24		custodian of the child for other than a lawful purpose and
25		the offense was committed on or after January 1, 1998,
26		provided the offense was sexually motivated as defined in

HB5490 Engrossed - 232 - LRB102 25922 RLC 35294 b
1		Section 10 of the Sex Offender Management Board Act).
2		(E-10) As used in this Article, "sexual predator" also
3		means a person required to register in another State due to a
4		conviction, adjudication or other action of any court
5		triggering an obligation to register as a sex offender, sexual
6		predator, or substantially similar status under the laws of
7		that State.
8		(F) As used in this Article, "out-of-state student" means
9		any sex offender, as defined in this Section, or sexual
10		predator who is enrolled in Illinois, on a full-time or
11		part-time basis, in any public or private educational
12		institution, including, but not limited to, any secondary
13		school, trade or professional institution, or institution of
14		higher learning.
15		(G) As used in this Article, "out-of-state employee" means
16		any sex offender, as defined in this Section, or sexual
17		predator who works in Illinois, regardless of whether the
18		individual receives payment for services performed, for a
19		period of time of 10 or more days or for an aggregate period of
20		time of 30 or more days during any calendar year. Persons who
21		operate motor vehicles in the State accrue one day of
22		employment time for any portion of a day spent in Illinois.
23		(H) As used in this Article, "school" means any public or
24		private educational institution, including, but not limited
25		to, any elementary or secondary school, trade or professional
26		institution, or institution of higher education.

HB5490 Engrossed - 233 - LRB102 25922 RLC 35294 b
1		(I) As used in this Article, "fixed residence" means any
2		and all places that a sex offender resides for an aggregate
3		period of time of 5 or more days in a calendar year.
4		(J) As used in this Article, "Internet protocol address"
5		means the string of numbers by which a location on the Internet
6		is identified by routers or other computers connected to the
7		Internet.
8		(Source: P.A. 100-428, eff. 1-1-18.)
9		Section 75. The Trafficking Victims Protection Act is
10		amended by changing Section 10 as follows:
11		(740 ILCS 128/10)
12		Sec. 10. Definitions. As used in this Act:
13		"Human trafficking" means a violation or attempted
14		violation of subsection (d) of Section 10-9 of the Criminal
15		Code of 2012.
16		"Involuntary servitude" means a violation or attempted
17		violation of subsection (b) of Section 10-9 of the Criminal
18		Code of 2012.
19		"Sex trade" means a violation or attempted violation of
20		any of the following Sections of the Criminal Code of 1961 or
21		the Criminal Code of 2012: 11-14.3 (promoting prostitution);
22		11-14.4 (promoting juvenile prostitution); 11-15 (soliciting
23		for a prostitute); 11-15.1 (soliciting for a juvenile
24		prostitute); 11-16 (pandering); 11-17 (keeping a place of

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1		prostitution); 11-17.1 (keeping a place of juvenile
2		prostitution); 11-19 (pimping); 11-19.1 (juvenile pimping and
3		aggravated juvenile pimping); 11-19.2 (exploitation of a
4		child); 11-20 (obscenity); 11-20.1 (child sexual abuse
5		material pornography); 11-20.1B or 11-20.3 (aggravated child
6		sexual abuse material pornography); or subsection (c) of
7		Section 10-9 (involuntary sexual servitude of a minor).
8		"Sex trade" activity may involve adults and youth of all
9		genders and sexual orientations.
10		"Victim of the sex trade" means, for the following sex
11		trade acts, the person or persons indicated:
12		(1) soliciting for a prostitute: the prostitute who is
13		the object of the solicitation;
14		(2) soliciting for a juvenile prostitute: the juvenile
15		prostitute, or person with a severe or profound
16		intellectual disability, who is the object of the
17		solicitation;
18		(3) promoting prostitution as described in subdivision
19		(a)(2)(A) or (a)(2)(B) of Section 11-14.3 of the Criminal
20		Code of 1961 or the Criminal Code of 2012, or pandering:
21		the person intended or compelled to act as a prostitute;
22		(4) keeping a place of prostitution: any person
23		intended or compelled to act as a prostitute, while
24		present at the place, during the time period in question;
25		(5) keeping a place of juvenile prostitution: any
26		juvenile intended or compelled to act as a prostitute,

HB5490 Engrossed - 235 - LRB102 25922 RLC 35294 b
1		while present at the place, during the time period in
2		question;
3		(6) promoting prostitution as described in subdivision
4		(a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961
5		or the Criminal Code of 2012, or pimping: the prostitute
6		from whom anything of value is received;
7		(7) promoting juvenile prostitution as described in
8		subdivision (a)(2) or (a)(3) of Section 11-14.4 of the
9		Criminal Code of 1961 or the Criminal Code of 2012, or
10		juvenile pimping and aggravated juvenile pimping: the
11		juvenile, or person with a severe or profound intellectual
12		disability, from whom anything of value is received for
13		that person's act of prostitution;
14		(8) promoting juvenile prostitution as described in
15		subdivision (a)(4) of Section 11-14.4 of the Criminal Code
16		of 1961 or the Criminal Code of 2012, or exploitation of a
17		child: the juvenile, or person with a severe or profound
18		intellectual disability, intended or compelled to act as a
19		prostitute or from whom anything of value is received for
20		that person's act of prostitution;
21		(9) obscenity: any person who appears in or is
22		described or depicted in the offending conduct or
23		material;
24		(10) child sexual abuse material pornography or
25		aggravated child sexual abuse material pornography: any
26		child, or person with a severe or profound intellectual

HB5490 Engrossed - 236 - LRB102 25922 RLC 35294 b
1		disability, who appears in or is described or depicted in
2		the offending conduct or material; or
3		(11) involuntary sexual servitude of a minor as
4		defined in subsection (c) of Section 10-9 of the Criminal
5		Code of 1961 or the Criminal Code of 2012.
6		(Source: P.A. 99-143, eff. 7-27-15; 100-939, eff. 1-1-19.)
7		Section 95. No acceleration or delay. Where this Act makes
8		changes in a statute that is represented in this Act by text
9		that is not yet or no longer in effect (for example, a Section
10		represented by multiple versions), the use of that text does
11		not accelerate or delay the taking effect of (i) the changes
12		made by this Act or (ii) provisions derived from any other
13		Public Act.