Bill Text: IL SB2856 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall conduct or approve a training program for school resource officers. Provides that the program shall train school resource officers on all aspects of school-based policing. Amends the School Code. Defines "school resource officer", "sexting", and "sextortion". Provides that a school board may enter into an agreement with a law enforcement agency to provide a school district with one or more school resource officers. Provides that each school district, charter school, and non-public, non-sectarian elementary or secondary school shall create a training program on cyber-bullying, sexting, and sextortion for all school personnel. Specifies training program requirements. Amends the Criminal Code of 2012. Provides that the charge of child pornography shall not apply to the performance of official duties by school officials working with law enforcement. Amends the Drug Asset Forfeiture Procedure Act. Provides that any local, municipal, or county law enforcement agency entitled to receive a monetary distribution of forfeiture proceeds may share those forfeiture proceeds pursuant to the terms of an intergovernmental agreement with a municipality that has a population in excess of 20,000 if the funds are used for the training of school resource officers in the prevention of drug abuse in schools.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB2856 Detail]

Download: Illinois-2017-SB2856-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB2856 Introduced 2/13/2018, by Sen. Michael Connelly SYNOPSIS AS INTRODUCED:
See Index
Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall conduct or approve a training program for school resource officers. Provides that the program shall train school resource officers on all aspects of school-based policing. Amends the School Code. Defines "school resource officer", "sexting", and "sextortion". Provides that a school board may enter into an agreement with a law enforcement agency to provide a school district with one or more school resource officers. Provides that each school district, charter school, and non-public, non-sectarian elementary or secondary school shall create a training program on cyber-bullying, sexting, and sextortion for all school personnel. Specifies training program requirements. Amends the Criminal Code of 2012. Provides that the charge of child pornography shall not apply to the performance of official duties by school officials working with law enforcement. Amends the Drug Asset Forfeiture Procedure Act. Provides that any local, municipal, or county law enforcement agency entitled to receive a monetary distribution of forfeiture proceeds may share those forfeiture proceeds pursuant to the terms of an intergovernmental agreement with a municipality that has a population in excess of 20,000 if the funds are used for the training of school resource officers in the prevention of drug abuse in schools.
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FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Police Training Act is amended by
adding Section 10.22 as follows:
(50 ILCS 705/10.22 new)
Sec. 10.22. Training; school resource officer.
(a) In this Section, "school resource officer" has the
meaning given to that term under Section 1-3 of the School
Code.
(b) The Board shall conduct or approve a training program
for school resource officers. The program shall train school
resource officers on all aspects of school-based policing and
shall include information on the minimum number of hours and
number of courses required to become and maintain certification
as a school resource officer. The Board shall adopt rules to
implement this Section.
Section 10. The School Code is amended by changing Sections
1-3 and 27-23.7 and by adding Sections 10-20.67 and 34-18.60 as
follows:
(105 ILCS 5/1-3) (from Ch. 122, par. 1-3)

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Sec. 1-3. Definitions. In this Code:
The terms "common schools", "free schools" and "public
schools" are used interchangeably to apply to any school
operated by authority of this Act.
"School board" means the governing body of any district
created or operating under authority of this Act, including
board of school directors and board of education. When the
context so indicates it also means the governing body of any
non-high school district and of any special charter district,
including board of school inspectors.
"Special charter district" means any city, township or
district organized into a school district, under a special Act
or charter of the General Assembly or in which schools are now
managed and operating within such unit in whole or in part
under the terms of such special Act or charter.
"School resource officer" means a law enforcement officer
who has been assigned to a school district for the purpose of
school-based policing and who:
(1) is in compliance with all rules adopted by the
Illinois Law Enforcement Training Standards Board;
(2) has been certified as a police officer in good
standing by the Illinois Law Enforcement Training
Standards Board;
(3) has been certified as a juvenile officer by the
Illinois Law Enforcement Training Standards Board; and
(4) has obtained nationally recognized certification

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from an entity approved by the Illinois Law Enforcement
Training Standards Board.
(Source: Laws 1961, p. 31.)
(105 ILCS 5/10-20.67 new)
Sec. 10-20.67. School resource officer; training.
(a) A school board may enter into an agreement with a law
enforcement agency to provide a school district with one or
more school resource officers. The school board and the law
enforcement agency may enter into a memorandum of understanding
to clearly document the roles, responsibilities, and
expectations of the school board, school district, law
enforcement agency, and school resource officer. The
memorandum shall include, but is not limited to, examples of
the activities the school resource officer will be required to
perform.
(b) In addition to any other training requirements under
the Illinois Police Training Act and this Code, a school
resource officer shall participate in a minimum of 40 hours of
training under Section 10.22 of the Illinois Police Training
Act within 12 months of being assigned to a school district
under subsection (a) of this Section and a minimum of 16 hours
of approved training annually thereafter.
(105 ILCS 5/27-23.7)
Sec. 27-23.7. Bullying prevention.

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(a) The General Assembly finds that a safe and civil school
environment is necessary for students to learn and achieve and
that bullying causes physical, psychological, and emotional
harm to students and interferes with students' ability to learn
and participate in school activities. The General Assembly
further finds that bullying has been linked to other forms of
antisocial behavior, such as vandalism, shoplifting, skipping
and dropping out of school, fighting, using drugs and alcohol,
sexual harassment, and sexual violence. Because of the negative
outcomes associated with bullying in schools, the General
Assembly finds that school districts, charter schools, and
non-public, non-sectarian elementary and secondary schools
should educate students, parents, and school district, charter
school, or non-public, non-sectarian elementary or secondary
school personnel about what behaviors constitute prohibited
bullying.
Bullying on the basis of actual or perceived race, color,
religion, sex, national origin, ancestry, age, marital status,
physical or mental disability, military status, sexual
orientation, gender-related identity or expression,
unfavorable discharge from military service, association with
a person or group with one or more of the aforementioned actual
or perceived characteristics, or any other distinguishing
characteristic is prohibited in all school districts, charter
schools, and non-public, non-sectarian elementary and
secondary schools. No student shall be subjected to bullying:

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(1) during any school-sponsored education program or
activity;
(2) while in school, on school property, on school
buses or other school vehicles, at designated school bus
stops waiting for the school bus, or at school-sponsored or
school-sanctioned events or activities;
(3) through the transmission of information from a
school computer, a school computer network, or other
similar electronic school equipment; or
(4) through the transmission of information from a
computer that is accessed at a nonschool-related location,
activity, function, or program or from the use of
technology or an electronic device that is not owned,
leased, or used by a school district or school if the
bullying causes a substantial disruption to the
educational process or orderly operation of a school. This
item (4) applies only in cases in which a school
administrator or teacher receives a report that bullying
through this means has occurred and does not require a
district or school to staff or monitor any
nonschool-related activity, function, or program.
(a-5) Nothing in this Section is intended to infringe upon
any right to exercise free expression or the free exercise of
religion or religiously based views protected under the First
Amendment to the United States Constitution or under Section 3
of Article I of the Illinois Constitution.

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(b) In this Section:
"Bullying" includes "cyber-bullying" and means any severe
or pervasive physical or verbal act or conduct, including
communications made in writing or electronically, directed
toward a student or students that has or can be reasonably
predicted to have the effect of one or more of the following:
(1) placing the student or students in reasonable fear
of harm to the student's or students' person or property;
(2) causing a substantially detrimental effect on the
student's or students' physical or mental health;
(3) substantially interfering with the student's or
students' academic performance; or
(4) substantially interfering with the student's or
students' ability to participate in or benefit from the
services, activities, or privileges provided by a school.
Bullying, as defined in this subsection (b), may take
various forms, including without limitation one or more of the
following: harassment, threats, intimidation, stalking,
physical violence, sexual harassment, sexual violence, theft,
public humiliation, destruction of property, or retaliation
for asserting or alleging an act of bullying. This list is
meant to be illustrative and non-exhaustive.
"Cyber-bullying" means bullying through the use of
technology or any electronic communication, including without
limitation any transfer of signs, signals, writing, images,
sounds, data, or intelligence of any nature transmitted in

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whole or in part by a wire, radio, electromagnetic system,
photoelectronic system, or photooptical system, including
without limitation electronic mail, Internet communications,
instant messages, or facsimile communications.
"Cyber-bullying" includes the creation of a webpage or weblog
in which the creator assumes the identity of another person or
the knowing impersonation of another person as the author of
posted content or messages if the creation or impersonation
creates any of the effects enumerated in the definition of
bullying in this Section. "Cyber-bullying" also includes the
distribution by electronic means of a communication to more
than one person or the posting of material on an electronic
medium that may be accessed by one or more persons if the
distribution or posting creates any of the effects enumerated
in the definition of bullying in this Section.
"Policy on bullying" means a bullying prevention policy
that meets the following criteria:
(1) Includes the bullying definition provided in this
Section.
(2) Includes a statement that bullying is contrary to
State law and the policy of the school district, charter
school, or non-public, non-sectarian elementary or
secondary school and is consistent with subsection (a-5) of
this Section.
(3) Includes procedures for promptly reporting
bullying, including, but not limited to, identifying and

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providing the school e-mail address (if applicable) and
school telephone number for the staff person or persons
responsible for receiving such reports and a procedure for
anonymous reporting; however, this shall not be construed
to permit formal disciplinary action solely on the basis of
an anonymous report.
(4) Consistent with federal and State laws and rules
governing student privacy rights, includes procedures for
promptly informing parents or guardians of all students
involved in the alleged incident of bullying and
discussing, as appropriate, the availability of social
work services, counseling, school psychological services,
other interventions, and restorative measures.
(5) Contains procedures for promptly investigating and
addressing reports of bullying, including the following:
(A) Making all reasonable efforts to complete the
investigation within 10 school days after the date the
report of the incident of bullying was received and
taking into consideration additional relevant
information received during the course of the
investigation about the reported incident of bullying.
(B) Involving appropriate school support personnel
and other staff persons with knowledge, experience,
and training on bullying prevention, as deemed
appropriate, in the investigation process.
(C) Notifying the principal or school

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administrator or his or her designee of the report of
the incident of bullying as soon as possible after the
report is received.
(D) Consistent with federal and State laws and
rules governing student privacy rights, providing
parents and guardians of the students who are parties
to the investigation information about the
investigation and an opportunity to meet with the
principal or school administrator or his or her
designee to discuss the investigation, the findings of
the investigation, and the actions taken to address the
reported incident of bullying.
(6) Includes the interventions that can be taken to
address bullying, which may include, but are not limited
to, school social work services, restorative measures,
social-emotional skill building, counseling, school
psychological services, and community-based services.
(7) Includes a statement prohibiting reprisal or
retaliation against any person who reports an act of
bullying and the consequences and appropriate remedial
actions for a person who engages in reprisal or
retaliation.
(8) Includes consequences and appropriate remedial
actions for a person found to have falsely accused another
of bullying as a means of retaliation or as a means of
bullying.

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(9) Is based on the engagement of a range of school
stakeholders, including students and parents or guardians.
(10) Is posted on the school district's, charter
school's, or non-public, non-sectarian elementary or
secondary school's existing Internet website, is included
in the student handbook, and, where applicable, posted
where other policies, rules, and standards of conduct are
currently posted in the school and provided periodically
throughout the school year to students and faculty, and is
distributed annually to parents, guardians, students, and
school personnel, including new employees when hired.
(11) As part of the process of reviewing and
re-evaluating the policy under subsection (d) of this
Section, contains a policy evaluation process to assess the
outcomes and effectiveness of the policy that includes, but
is not limited to, factors such as the frequency of
victimization; student, staff, and family observations of
safety at a school; identification of areas of a school
where bullying occurs; the types of bullying utilized; and
bystander intervention or participation. The school
district, charter school, or non-public, non-sectarian
elementary or secondary school may use relevant data and
information it already collects for other purposes in the
policy evaluation. The information developed as a result of
the policy evaluation must be made available on the
Internet website of the school district, charter school, or

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non-public, non-sectarian elementary or secondary school.
If an Internet website is not available, the information
must be provided to school administrators, school board
members, school personnel, parents, guardians, and
students.
(12) Is consistent with the policies of the school
board, charter school, or non-public, non-sectarian
elementary or secondary school.
"Restorative measures" means a continuum of school-based
alternatives to exclusionary discipline, such as suspensions
and expulsions, that: (i) are adapted to the particular needs
of the school and community, (ii) contribute to maintaining
school safety, (iii) protect the integrity of a positive and
productive learning climate, (iv) teach students the personal
and interpersonal skills they will need to be successful in
school and society, (v) serve to build and restore
relationships among students, families, schools, and
communities, and (vi) reduce the likelihood of future
disruption by balancing accountability with an understanding
of students' behavioral health needs in order to keep students
in school.
"School personnel" means persons employed by, on contract
with, or who volunteer in a school district, charter school, or
non-public, non-sectarian elementary or secondary school,
including without limitation school and school district
administrators, teachers, school guidance counselors, school

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social workers, school counselors, school psychologists,
school nurses, cafeteria workers, custodians, bus drivers,
school resource officers, and security guards.
"Sexting" means the sending of sexually explicit images or
text to another individual through electronic means.
"Sextortion" means any form of sexual exploitation that
employs non-physical forms of coercion to extort from an
individual sexual favors or pictures or videos that are deemed
child pornography under Section 11-20.1 of the Criminal Code of
2012.
(c) (Blank).
(d) Each school district, charter school, and non-public,
non-sectarian elementary or secondary school shall create,
maintain, and implement a policy on bullying, which policy must
be filed with the State Board of Education. The policy or
implementing procedure shall include a process to investigate
whether a reported act of bullying is within the permissible
scope of the district's or school's jurisdiction and shall
require that the district or school provide the victim with
information regarding services that are available within the
district and community, such as counseling, support services,
and other programs. School personnel available for help with a
bully or to make a report about bullying shall be made known to
parents or legal guardians, students, and school personnel.
Every 2 years, each school district, charter school, and
non-public, non-sectarian elementary or secondary school shall

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conduct a review and re-evaluation of its policy and make any
necessary and appropriate revisions. The policy must be filed
with the State Board of Education after being updated. The
State Board of Education shall monitor and provide technical
support for the implementation of policies created under this
subsection (d).
(d-5) Each school district, charter school, and
non-public, non-sectarian elementary or secondary school shall
create a training program on cyber-bullying, sexting, and
sextortion for all school personnel. The program shall include,
but is not limited to:
(1) a discussion on how to handle circumstances that a
student may encounter with regards to cyber-bullying,
sexting, or sextortion;
(2) tools that school personnel may offer students in
an effort to empower students to not be victimized or to
not become possible offenders of cyber-bullying, sexting,
or sextortion; and
(3) a discussion on harassment through electronic
communication, cyber-stalking, computer tampering, false
personation, intimidation, sexual exploitation of a child,
the manufacturing of child pornography, and telephone
harassment.
(e) This Section shall not be interpreted to prevent a
victim from seeking redress under any other available civil or
criminal law.

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(Source: P.A. 99-78, eff. 7-20-15; 100-137, eff. 8-18-17.)
(105 ILCS 5/34-18.60 new)
Sec. 34-18.60. School resource officer; training.
(a) The board may enter into an agreement with a law
enforcement agency to provide the school district with one or
more school resource officers. The board and the law
enforcement agency may enter into a memorandum of understanding
to clearly document the roles, responsibilities, and
expectations of the board, school district, law enforcement
agency, and school resource officer. The memorandum shall
include, but is not limited to, examples of the activities the
school resource officer will be required to perform.
(b) In addition to any other training requirements under
the Illinois Police Training Act and this Code, a school
resource officer shall participate in a minimum of 40 hours of
training under Section 10.22 of the Illinois Police Training
Act within 12 months of being assigned to the school district
under subsection (a) of this Section and a minimum of 16 hours
of approved training annually thereafter.
Section 15. The Criminal Code of 2012 is amended by
changing Section 11-20.1 as follows:
(720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
Sec. 11-20.1. Child pornography.

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(a) A person commits child pornography who:
(1) films, videotapes, photographs, or otherwise
depicts or portrays by means of any similar visual medium
or reproduction or depicts by computer any child whom he or
she knows or reasonably should know to be under the age of
18 or any person with a severe or profound intellectual
disability where such child or person with a severe or
profound intellectual disability is:
(i) actually or by simulation engaged in any act of
sexual penetration or sexual conduct with any person or
animal; or
(ii) actually or by simulation engaged in any act
of sexual penetration or sexual conduct involving the
sex organs of the child or person with a severe or
profound intellectual disability and the mouth, anus,
or sex organs of another person or animal; or which
involves the mouth, anus or sex organs of the child or
person with a severe or profound intellectual
disability and the sex organs of another person or
animal; or
(iii) actually or by simulation engaged in any act
of masturbation; or
(iv) actually or by simulation portrayed as being
the object of, or otherwise engaged in, any act of lewd
fondling, touching, or caressing involving another
person or animal; or

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(v) actually or by simulation engaged in any act of
excretion or urination within a sexual context; or
(vi) actually or by simulation portrayed or
depicted as bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in any sexual
context; or
(vii) depicted or portrayed in any pose, posture or
setting involving a lewd exhibition of the unclothed or
transparently clothed genitals, pubic area, buttocks,
or, if such person is female, a fully or partially
developed breast of the child or other person; or
(2) with the knowledge of the nature or content
thereof, reproduces, disseminates, offers to disseminate,
exhibits or possesses with intent to disseminate any film,
videotape, photograph or other similar visual reproduction
or depiction by computer of any child or person with a
severe or profound intellectual disability whom the person
knows or reasonably should know to be under the age of 18
or to be a person with a severe or profound intellectual
disability, engaged in any activity described in
subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or
(3) with knowledge of the subject matter or theme
thereof, produces any stage play, live performance, film,
videotape or other similar visual portrayal or depiction by
computer which includes a child whom the person knows or

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

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subsection; or
(6) with knowledge of the nature or content thereof,
possesses any film, videotape, photograph or other similar
visual reproduction or depiction by computer of any child
or person with a severe or profound intellectual disability
whom the person knows or reasonably should know to be under
the age of 18 or to be a person with a severe or profound
intellectual disability, engaged in any activity described
in subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or
(7) solicits, or knowingly uses, persuades, induces,
entices, or coerces, a person to provide a child under the
age of 18 or a person with a severe or profound
intellectual disability to appear in any videotape,
photograph, film, stage play, live presentation, or other
similar visual reproduction or depiction by computer in
which the child or person with a severe or profound
intellectual disability will be depicted, actually or by
simulation, in any act, pose, or setting described in
subparagraphs (i) through (vii) of paragraph (1) of this
subsection.
(a-5) The possession of each individual film, videotape,
photograph, or other similar visual reproduction or depiction
by computer in violation of this Section constitutes a single
and separate violation. This subsection (a-5) does not apply to
multiple copies of the same film, videotape, photograph, or

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

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prosecuting officers or persons employed by law enforcement or
prosecuting agencies, court personnel or attorneys, school
officials working with law enforcement, nor to bonafide
treatment or professional education programs conducted by
licensed physicians, psychologists or social workers.
(4) If the defendant possessed more than one of the same
film, videotape or visual reproduction or depiction by computer
in which child pornography is depicted, then the trier of fact
may infer that the defendant possessed such materials with the
intent to disseminate them.
(5) The charge of child pornography does not apply to a
person who does not voluntarily possess a film, videotape, or
visual reproduction or depiction by computer in which child
pornography is depicted. Possession is voluntary if the
defendant knowingly procures or receives a film, videotape, or
visual reproduction or depiction for a sufficient time to be
able to terminate his or her possession.
(6) Any violation of paragraph (1), (2), (3), (4), (5), or
(7) of subsection (a) that includes a child engaged in,
solicited for, depicted in, or posed in any act of sexual
penetration or bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in a sexual context shall
be deemed a crime of violence.
(c) If the violation does not involve a film, videotape, or
other moving depiction, a violation of paragraph (1), (4), (5),
or (7) of subsection (a) is a Class 1 felony with a mandatory

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minimum fine of $2,000 and a maximum fine of $100,000. If the
violation involves a film, videotape, or other moving
depiction, a violation of paragraph (1), (4), (5), or (7) of
subsection (a) is a Class X felony with a mandatory minimum
fine of $2,000 and a maximum fine of $100,000. If the violation
does not involve a film, videotape, or other moving depiction,
a violation of paragraph (3) of subsection (a) is a Class 1
felony with a mandatory minimum fine of $1500 and a maximum
fine of $100,000. If the violation involves a film, videotape,
or other moving depiction, a violation of paragraph (3) of
subsection (a) is a Class X felony with a mandatory minimum
fine of $1500 and a maximum fine of $100,000. If the violation
does not involve a film, videotape, or other moving depiction,
a violation of paragraph (2) of subsection (a) is a Class 1
felony with a mandatory minimum fine of $1000 and a maximum
fine of $100,000. If the violation involves a film, videotape,
or other moving depiction, a violation of paragraph (2) of
subsection (a) is a Class X felony with a mandatory minimum
fine of $1000 and a maximum fine of $100,000. If the violation
does not involve a film, videotape, or other moving depiction,
a violation of paragraph (6) of subsection (a) is a Class 3
felony with a mandatory minimum fine of $1000 and a maximum
fine of $100,000. If the violation involves a film, videotape,
or other moving depiction, a violation of paragraph (6) of
subsection (a) is a Class 2 felony with a mandatory minimum
fine of $1000 and a maximum fine of $100,000.

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(c-5) Where the child depicted is under the age of 13, a
violation of paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) is a Class X felony with a mandatory minimum
fine of $2,000 and a maximum fine of $100,000. Where the child
depicted is under the age of 13, a violation of paragraph (6)
of subsection (a) is a Class 2 felony with a mandatory minimum
fine of $1,000 and a maximum fine of $100,000. Where the child
depicted is under the age of 13, a person who commits a
violation of paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) where the defendant has previously been
convicted under the laws of this State or any other state of
the offense of child pornography, aggravated child
pornography, aggravated criminal sexual abuse, aggravated
criminal sexual assault, predatory criminal sexual assault of a
child, or any of the offenses formerly known as rape, deviate
sexual assault, indecent liberties with a child, or aggravated
indecent liberties with a child where the victim was under the
age of 18 years or an offense that is substantially equivalent
to those offenses, is guilty of a Class X felony for which the
person shall be sentenced to a term of imprisonment of not less
than 9 years with a mandatory minimum fine of $2,000 and a
maximum fine of $100,000. Where the child depicted is under the
age of 13, a person who commits a violation of paragraph (6) of
subsection (a) where the defendant has previously been
convicted under the laws of this State or any other state of
the offense of child pornography, aggravated child

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pornography, aggravated criminal sexual abuse, aggravated
criminal sexual assault, predatory criminal sexual assault of a
child, or any of the offenses formerly known as rape, deviate
sexual assault, indecent liberties with a child, or aggravated
indecent liberties with a child where the victim was under the
age of 18 years or an offense that is substantially equivalent
to those offenses, is guilty of a Class 1 felony with a
mandatory minimum fine of $1,000 and a maximum fine of
$100,000. The issue of whether the child depicted is under the
age of 13 is an element of the offense to be resolved by the
trier of fact.
(d) If a person is convicted of a second or subsequent
violation of this Section within 10 years of a prior
conviction, the court shall order a presentence psychiatric
examination of the person. The examiner shall report to the
court whether treatment of the person is necessary.
(e) Any film, videotape, photograph or other similar visual
reproduction or depiction by computer which includes a child
under the age of 18 or a person with a severe or profound
intellectual disability engaged in any activity described in
subparagraphs (i) through (vii) or paragraph 1 of subsection
(a), and any material or equipment used or intended for use in
photographing, filming, printing, producing, reproducing,
manufacturing, projecting, exhibiting, depiction by computer,
or disseminating such material shall be seized and forfeited in
the manner, method and procedure provided by Section 36-1 of

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this Code for the seizure and forfeiture of vessels, vehicles
and aircraft.
In addition, any person convicted under this Section is
subject to the property forfeiture provisions set forth in
Article 124B of the Code of Criminal Procedure of 1963.
(e-5) Upon the conclusion of a case brought under this
Section, the court shall seal all evidence depicting a victim
or witness that is sexually explicit. The evidence may be
unsealed and viewed, on a motion of the party seeking to unseal
and view the evidence, only for good cause shown and in the
discretion of the court. The motion must expressly set forth
the purpose for viewing the material. The State's attorney and
the victim, if possible, shall be provided reasonable notice of
the hearing on the motion to unseal the evidence. Any person
entitled to notice of a hearing under this subsection (e-5) may
object to the motion.
(f) Definitions. For the purposes of this Section:
(1) "Disseminate" means (i) to sell, distribute,
exchange or transfer possession, whether with or without
consideration or (ii) to make a depiction by computer
available for distribution or downloading through the
facilities of any telecommunications network or through
any other means of transferring computer programs or data
to a computer.
(2) "Produce" means to direct, promote, advertise,
publish, manufacture, issue, present or show.

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(3) "Reproduce" means to make a duplication or copy.
(4) "Depict by computer" means to generate or create,
or cause to be created or generated, a computer program or
data that, after being processed by a computer either alone
or in conjunction with one or more computer programs,
results in a visual depiction on a computer monitor,
screen, or display.
(5) "Depiction by computer" means a computer program or
data that, after being processed by a computer either alone
or in conjunction with one or more computer programs,
results in a visual depiction on a computer monitor,
screen, or display.
(6) "Computer", "computer program", and "data" have
the meanings ascribed to them in Section 16D-2 of this
Code.
(7) For the purposes of this Section, "child
pornography" includes a film, videotape, photograph, or
other similar visual medium or reproduction or depiction by
computer that is, or appears to be, that of a person,
either in part, or in total, under the age of 18 or a
person with a severe or profound intellectual disability,
regardless of the method by which the film, videotape,
photograph, or other similar visual medium or reproduction
or depiction by computer is created, adopted, or modified
to appear as such. "Child pornography" also includes a
film, videotape, photograph, or other similar visual

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medium or reproduction or depiction by computer that is
advertised, promoted, presented, described, or distributed
in such a manner that conveys the impression that the film,
videotape, photograph, or other similar visual medium or
reproduction or depiction by computer is of a person under
the age of 18 or a person with a severe or profound
intellectual disability.
(g) Re-enactment; findings; purposes.
(1) The General Assembly finds and declares that:
(i) Section 50-5 of Public Act 88-680, effective
January 1, 1995, contained provisions amending the
child pornography statute, Section 11-20.1 of the
Criminal Code of 1961. Section 50-5 also contained
other provisions.
(ii) In addition, Public Act 88-680 was entitled
"AN ACT to create a Safe Neighborhoods Law". (A)
Article 5 was entitled JUVENILE JUSTICE and amended the
Juvenile Court Act of 1987. (B) Article 15 was entitled
GANGS and amended various provisions of the Criminal
Code of 1961 and the Unified Code of Corrections. (C)
Article 20 was entitled ALCOHOL ABUSE and amended
various provisions of the Illinois Vehicle Code. (D)
Article 25 was entitled DRUG ABUSE and amended the
Cannabis Control Act and the Illinois Controlled
Substances Act. (E) Article 30 was entitled FIREARMS
and amended the Criminal Code of 1961 and the Code of

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Criminal Procedure of 1963. (F) Article 35 amended the
Criminal Code of 1961, the Rights of Crime Victims and
Witnesses Act, and the Unified Code of Corrections. (G)
Article 40 amended the Criminal Code of 1961 to
increase the penalty for compelling organization
membership of persons. (H) Article 45 created the
Secure Residential Youth Care Facility Licensing Act
and amended the State Finance Act, the Juvenile Court
Act of 1987, the Unified Code of Corrections, and the
Private Correctional Facility Moratorium Act. (I)
Article 50 amended the WIC Vendor Management Act, the
Firearm Owners Identification Card Act, the Juvenile
Court Act of 1987, the Criminal Code of 1961, the
Wrongs to Children Act, and the Unified Code of
Corrections.
(iii) On September 22, 1998, the Third District
Appellate Court in People v. Dainty, 701 N.E. 2d 118,
ruled that Public Act 88-680 violates the single
subject clause of the Illinois Constitution (Article
IV, Section 8 (d)) and was unconstitutional in its
entirety. As of the time this amendatory Act of 1999
was prepared, People v. Dainty was still subject to
appeal.
(iv) Child pornography is a vital concern to the
people of this State and the validity of future
prosecutions under the child pornography statute of

SB2856 - 28 - LRB100 17720 AXK 32893 b
the Criminal Code of 1961 is in grave doubt.
(2) It is the purpose of this amendatory Act of 1999 to
prevent or minimize any problems relating to prosecutions
for child pornography that may result from challenges to
the constitutional validity of Public Act 88-680 by
re-enacting the Section relating to child pornography that
was included in Public Act 88-680.
(3) This amendatory Act of 1999 re-enacts Section
11-20.1 of the Criminal Code of 1961, as it has been
amended. This re-enactment is intended to remove any
question as to the validity or content of that Section; it
is not intended to supersede any other Public Act that
amends the text of the Section as set forth in this
amendatory Act of 1999. The material is shown as existing
text (i.e., without underscoring) because, as of the time
this amendatory Act of 1999 was prepared, People v. Dainty
was subject to appeal to the Illinois Supreme Court.
(4) The re-enactment by this amendatory Act of 1999 of
Section 11-20.1 of the Criminal Code of 1961 relating to
child pornography that was amended by Public Act 88-680 is
not intended, and shall not be construed, to imply that
Public Act 88-680 is invalid or to limit or impair any
legal argument concerning whether those provisions were
substantially re-enacted by other Public Acts.
(Source: P.A. 98-437, eff. 1-1-14; 99-143, eff. 7-27-15.)

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Section 20. The Drug Asset Forfeiture Procedure Act is
amended by changing Section 17 as follows:
(725 ILCS 150/17)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 17. Distribution of proceeds; selling or retaining
seized property prohibited.
(a) Except as otherwise provided in this Section, the court
shall order that property forfeited under this Act be delivered
to the Department of State Police within 60 days.
(b) All monies and the sale proceeds of all other property
forfeited and seized under this Act shall be distributed as
follows:
(1)(i) 65% shall be distributed to the metropolitan
enforcement group, local, municipal, county, or state law
enforcement agency or agencies which conducted or
participated in the investigation resulting in the
forfeiture. The distribution shall bear a reasonable
relationship to the degree of direct participation of the
law enforcement agency in the effort resulting in the
forfeiture, taking into account the total value of the
property forfeited and the total law enforcement effort
with respect to the violation of the law upon which the
forfeiture is based. Amounts distributed to the agency or
agencies shall be used for the enforcement of laws

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governing cannabis and controlled substances; for public
education in the community or schools in the prevention or
detection of the abuse of drugs or alcohol; or for security
cameras used for the prevention or detection of violence,
except that amounts distributed to the Secretary of State
shall be deposited into the Secretary of State Evidence
Fund to be used as provided in Section 2-115 of the
Illinois Vehicle Code.
(ii) Any local, municipal, or county law enforcement
agency entitled to receive a monetary distribution of
forfeiture proceeds may share those forfeiture proceeds
pursuant to the terms of an intergovernmental agreement
with a municipality that has a population in excess of
20,000 if:
(A) the receiving agency has entered into an
intergovernmental agreement with the municipality to
provide police services;
(B) the intergovernmental agreement for police
services provides for consideration in an amount of not
less than $1,000,000 per year;
(C) the seizure took place within the geographical
limits of the municipality; and
(D) the funds are used only for the enforcement of
laws governing cannabis and controlled substances; for
public education in the community or schools in the
prevention or detection of the abuse of drugs or

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alcohol; for the training of school resource officers
in the prevention of drug abuse in schools; or for
security cameras used for the prevention or detection
of violence or the establishment of a municipal police
force, including the training of officers,
construction of a police station, or the purchase of
law enforcement equipment or vehicles.
(2)(i) 12.5% shall be distributed to the Office of the
State's Attorney of the county in which the prosecution
resulting in the forfeiture was instituted, deposited in a
special fund in the county treasury and appropriated to the
State's Attorney for use in the enforcement of laws
governing cannabis and controlled substances; for public
education in the community or schools in the prevention or
detection of the abuse of drugs or alcohol; or at the
discretion of the State's Attorney, in addition to other
authorized purposes, to make grants to local substance
abuse treatment facilities and half-way houses. In
counties over 3,000,000 population, 25% shall be
distributed to the Office of the State's Attorney for use
in the enforcement of laws governing cannabis and
controlled substances; for public education in the
community or schools in the prevention or detection of the
abuse of drugs or alcohol; or at the discretion of the
State's Attorney, in addition to other authorized
purposes, to make grants to local substance abuse treatment

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facilities and half-way houses. If the prosecution is
undertaken solely by the Attorney General, the portion
provided shall be distributed to the Attorney General for
use in the enforcement of laws governing cannabis and
controlled substances or for public education in the
community or schools in the prevention or detection of the
abuse of drugs or alcohol.
(ii) 12.5% shall be distributed to the Office of the
State's Attorneys Appellate Prosecutor and deposited in
the Narcotics Profit Forfeiture Fund of that office to be
used for additional expenses incurred in the
investigation, prosecution and appeal of cases arising
under laws governing cannabis and controlled substances or
for public education in the community or schools in the
prevention or detection of the abuse of drugs or alcohol.
The Office of the State's Attorneys Appellate Prosecutor
shall not receive distribution from cases brought in
counties with over 3,000,000 population.
(3) 10% shall be retained by the Department of State
Police for expenses related to the administration and sale
of seized and forfeited property.
(Source: P.A. 100-512, eff. 7-1-18.)
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INDEX
Statutes amended in order of appearance