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Illinois General Assembly· HB 2690Governor Approved

CHILD SEXUAL ABUSE MATERIAL, the official text

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HB2690 Enrolled                     LRB104 07332 RLC 17372 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
    HB2690 Enrolled         -2-  LRB104 07332 RLC 17372 b

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
    HB2690 Enrolled         -3-         LRB104 07332 RLC 17372 b

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 or child pornography,

7   in violation of Section 11-20.1 of the Criminal Code of

8   1961 or the Criminal Code of 2012;

9   (11.5) aggravated child pornography, in violation of

10  Section 11-20.1B or 11-20.3 of the Criminal Code of 1961;

11  (12) harmful material, in violation of Section 11-21

12  of the Criminal Code of 1961 or the Criminal Code of 2012;

13  (13) criminal sexual assault, in violation of Section

14  11-1.20 or 12-13 of the Criminal Code of 1961 or the

15  Criminal Code of 2012;

16  (13.5) grooming, in violation of Section 11-25 of the

17  Criminal Code of 1961 or the Criminal Code of 2012;

18  (14) aggravated criminal sexual assault, in violation

19  of Section 11-1.30 or 12-14 of the Criminal Code of 1961 or

20  the Criminal Code of 2012;

21  (14.5) traveling to meet a minor or traveling to meet

22  a child, in violation of Section 11-26 of the Criminal

23  Code of 1961 or the Criminal Code of 2012;

24  (15) predatory criminal sexual assault of a child, in

25  violation of Section 11-1.40 or 12-14.1 of the Criminal

26  Code of 1961 or the Criminal Code of 2012;
    HB2690 Enrolled         -4-       LRB104 07332 RLC 17372 b

1   (16) criminal sexual abuse, in violation of Section

2   11-1.50 or 12-15 of the Criminal Code of 1961 or the

3   Criminal Code of 2012;

4   (17) aggravated criminal sexual abuse, in violation of

5   Section 11-1.60 or 12-16 of the Criminal Code of 1961 or

6   the Criminal Code of 2012;

7   (18) ritualized abuse of a child, in violation of

8   Section 12-33 of the Criminal Code of 1961 or the Criminal

9   Code of 2012;

10  (19) an attempt to commit any of the offenses

11  enumerated in this subsection (c); or

12  (20) any felony offense under Illinois law that is

13  sexually motivated.

14  (d) "Management" means treatment, and supervision of any

15 sex offender that conforms to the standards created by the

16 Board under Section 15.

17  (e) "Sexually motivated" means one or more of the facts of

18 the underlying offense indicates conduct that is of a sexual

19 nature or that shows an intent to engage in behavior of a

20 sexual nature.

21  (f) "Sex offender evaluator" means a person licensed under

22 the Sex Offender Evaluation and Treatment Provider Act to

23 conduct sex offender evaluations.

24  (g) "Sex offender treatment provider" means a person

25 licensed under the Sex Offender Evaluation and Treatment

26 Provider Act to provide sex offender treatment services.
    HB2690 Enrolled    -5-              LRB104 07332 RLC 17372 b

1   (h) "Associate sex offender provider" means a person

2 licensed under the Sex Offender Evaluation and Treatment

3 Provider Act to provide sex offender evaluations and to

4 provide sex offender treatment under the supervision of a

5 licensed sex offender evaluator or a licensed sex offender

6 treatment provider.

7 (Source: P.A. 100-428, eff. 1-1-18.)

8   Section 10. The Medical School Matriculant Criminal

9 History Records Check Act is amended by changing Section 5 as

10 follows:

11  (110 ILCS 57/5)

12  Sec. 5. Definitions. In this Act:

13  "Matriculant" means an individual who is conditionally

14 admitted as a student to a medical school located in Illinois,

15 pending the medical school's consideration of his or her

16 criminal history records check under this Act.

17  "Sex offender" means any person who is convicted pursuant

18 to Illinois law or any substantially similar federal, Uniform

19 Code of Military Justice, sister state, or foreign country law

20 with any of the following sex offenses set forth in the

21 Criminal Code of 1961 or the Criminal Code of 2012:

22  (1) Indecent solicitation of a child.

23  (2) Sexual exploitation of a child.

24  (3) Custodial sexual misconduct.
    HB2690 Enrolled       -6-          LRB104 07332 RLC 17372 b

1        (4) Exploitation of a child.

2        (5) Child sexual abuse material or child pornography.

3        (6) Aggravated child pornography.

4   "Violent felony" means any of the following offenses, as

5 defined by the Criminal Code of 1961 or the Criminal Code of

6 2012:

7        (1) First degree murder.

8        (2) Second degree murder.

9        (3) Predatory criminal sexual assault of a child.

10       (4) Aggravated criminal sexual assault.

11       (5) Criminal sexual assault.

12       (6) Aggravated arson.

13       (7) Aggravated kidnapping.

14       (8) Kidnapping.

15       (9) Aggravated battery resulting in great bodily harm

16  or permanent disability or disfigurement.

17 (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

18  Section 15. The Child Care Act of 1969 is amended by

19 changing Section 3.3 as follows:

20  (225 ILCS 10/3.3)

21  Sec. 3.3. Requirements for criminal background checks for

22 adoption-only homes. In approving an adoption-only home

23 pursuant to Section 3.2 of this Act, if an adult resident has

24 an arrest or conviction record, the licensed child welfare
    HB2690 Enrolled  -7-                LRB104 07332 RLC 17372 b

1 agency:

2          (1) shall thoroughly investigate and evaluate the

3   criminal history of the resident and, in so doing, include

4   an assessment of the applicant's character and, in the

5   case of the prospective adoptive parent, the impact that

6   the criminal history has on the prospective adoptive

7   parent's ability to parent the child; the investigation

8   should consider the type of crime, the number of crimes,

9   the nature of the offense, the age at time of crime, the

10  length of time that has elapsed since the last conviction,

11  the relationship of the crime to the ability to care for

12  children, and any evidence of rehabilitation;

13         (2) shall not approve the home if the record reveals a

14  felony conviction for crimes against a child, including,

15  but not limited to, child abuse or neglect, child sexual

16  abuse material or child pornography, rape, sexual assault,

17  or homicide;

18         (3) shall not approve the home if the record reveals a

19  felony conviction within the last 5 years, including, but

20  not limited to, for physical assault, battery,

21  drug-related offenses, or spousal abuse; and

22         (4) shall not approve the home if the record reveals a

23  felony conviction for homicide, rape, or sexual assault.

24 (Source: P.A. 103-22, eff. 8-8-23.)

25  Section 20. The Abused and Neglected Child Reporting Act
    HB2690 Enrolled       -8-            LRB104 07332 RLC 17372 b

1 is amended by changing Sections 4.5 and 11.1 as follows:

2   (325 ILCS 5/4.5)

3   Sec. 4.5. Electronic and information technology workers;

4 reporting child sexual abuse material pornography.

5   (a) In this Section:

6   "Child sexual abuse material pornography" means child

7 sexual abuse material pornography as described in Section

8 11-20.1 of the Criminal Code of 2012.

9   "Electronic and information technology equipment" means

10 equipment used in the creation, manipulation, storage,

11 display, or transmission of data, including internet and

12 intranet systems, software applications, operating systems,

13 video and multimedia, telecommunications products, kiosks,

14 information transaction machines, copiers, printers, and

15 desktop and portable computers.

16  "Electronic and information technology equipment worker"

17 means a person who in the scope and course of the person's

18 employment or business installs, repairs, or otherwise

19 services electronic and information technology equipment for a

20 fee but does not include (i) an employee, independent

21 contractor, or other agent of a telecommunications carrier or

22 telephone or telecommunications cooperative, as those terms

23 are defined in the Public Utilities Act, or (ii) an employee,

24 independent contractor, or other agent of a provider of

25 commercial mobile radio service, as defined in 47 CFR 20.3.
    HB2690 Enrolled    -9-         LRB104 07332 RLC 17372 b

1   (b) If an electronic and information technology equipment

2 worker discovers any depiction of child sexual abuse material

3 pornography while installing, repairing, or otherwise

4 servicing an item of electronic and information technology

5 equipment, that worker or the worker's employer shall

6 immediately report the discovery to the local law enforcement

7 agency or to the Cyber Tipline at the National Center for

8 Missing and Exploited Children.

9   (c) If a report is filed in accordance with the

10 requirements of 42 U.S.C. 13032, the requirements of this

11 Section 4.5 will be deemed to have been met.

12  (d) An electronic and information technology equipment

13 worker or electronic and information technology equipment

14 worker's employer who reports a discovery of child sexual

15 abuse material pornography as required under this Section is

16 immune from any criminal, civil, or administrative liability

17 in connection with making the report, except for willful or

18 wanton misconduct.

19  (e) Failure to report a discovery of child sexual abuse

20 material pornography as required under this Section is a

21 business offense subject to a fine of $1,001.

22 (Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.)

23  (325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)

24  Sec. 11.1. Access to records.

25  (a) A person shall have access to the records described in
    HB2690 Enrolled    - 10 - LRB104 07332 RLC 17372 b

1 Section 11 only in furtherance of purposes directly connected

2 with the administration of this Act or the Intergovernmental

3 Missing Child Recovery Act of 1984. Those persons and purposes

4 for access include:

5   (1) Department staff in the furtherance of their

6   responsibilities under this Act, or for the purpose of

7   completing background investigations on persons or

8   agencies licensed by the Department or with whom the

9   Department contracts for the provision of child welfare

10  services.

11  (2) A law enforcement agency investigating known or

12  suspected child abuse or neglect, known or suspected

13  involvement with child sexual abuse material pornography,

14  known or suspected criminal sexual assault, known or

15  suspected criminal sexual abuse, or any other sexual

16  offense when a child is alleged to be involved.

17  (3) The Illinois State Police when administering the

18  provisions of the Intergovernmental Missing Child Recovery

19  Act of 1984.

20  (4) A physician who has before the physician a child

21  whom the physician reasonably suspects may be abused or

22  neglected.

23  (5) A person authorized under Section 5 of this Act to

24  place a child in temporary protective custody when such

25  person requires the information in the report or record to

26  determine whether to place the child in temporary
    HB2690 Enrolled      - 11 - LRB104 07332 RLC 17372 b

1   protective custody.

2   (6) A person having the legal responsibility or

3   authorization to care for, treat, or supervise a child, or

4   a parent, prospective adoptive parent, foster parent,

5   guardian, or other person responsible for the child's

6   welfare, who is the subject of a report.

7   (7) Except in regard to harmful or detrimental

8   information as provided in Section 7.19, any subject of

9   the report, and if the subject of the report is a minor,

10  the minor's guardian or guardian ad litem.

11  (8) A court, upon its finding that access to such

12  records may be necessary for the determination of an issue

13  before such court; however, such access shall be limited

14  to in camera inspection, unless the court determines that

15  public disclosure of the information contained therein is

16  necessary for the resolution of an issue then pending

17  before it.

18  (8.1) A probation officer or other authorized

19  representative of a probation or court services department

20  conducting an investigation ordered by a court under the

21  Juvenile Court Act of 1987.

22  (9) A grand jury, upon its determination that access

23  to such records is necessary in the conduct of its

24  official business.

25  (10) Any person authorized by the Director, in

26  writing, for audit or bona fide research purposes.
    HB2690 Enrolled    - 12 - LRB104 07332 RLC 17372 b

1   (11) Law enforcement agencies, coroners or medical

2   examiners, physicians, courts, school superintendents and

3   child welfare agencies in other states who are responsible

4   for child abuse or neglect investigations or background

5   investigations.

6   (12) The Department of Financial and Professional

7   Regulation, the State Board of Education and school

8   superintendents in Illinois, who may use or disclose

9   information from the records as they deem necessary to

10  conduct investigations or take disciplinary action, as

11  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)
    HB2690 Enrolled    - 13 - LRB104 07332 RLC 17372 b

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
    HB2690 Enrolled              - 14 - LRB104 07332 RLC 17372 b

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. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)
    HB2690 Enrolled      - 15 - LRB104 07332 RLC 17372 b

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
    HB2690 Enrolled  - 16 - LRB104 07332 RLC 17372 b

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)
    HB2690 Enrolled  - 17 - LRB104 07332 RLC 17372 b

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 pornography, child prostitution,
    HB2690 Enrolled       - 18 - LRB104 07332 RLC 17372 b

1 child sexual abuse, drug and substance abuse by children, and

2 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  Sec. 15-70. Conditional assessments. In addition to
    HB2690 Enrolled      - 19 - LRB104 07332 RLC 17372 b

1 payments under one of the Schedule of Assessments 1 through 13

2 of this Act, the court shall also order payment of any of the

3 following conditional assessment amounts for each sentenced

4 violation in the case to which a conditional assessment is

5 applicable, which shall be collected and remitted by the Clerk

6 of the Circuit Court as provided in this Section:

7   (1) arson, residential arson, or aggravated arson,

8   $500 per conviction to the State Treasurer for deposit

9   into the Fire Prevention Fund;

10  (2) child sexual abuse material pornography under

11  Section 11-20.1 of the Criminal Code of 1961 or the

12  Criminal Code of 2012, $500 per conviction, unless more

13  than one agency is responsible for the arrest in which

14  case the amount shall be remitted to each unit of

15  government equally:

16  (A) if the arresting agency is an agency of a unit

17  of local government, $500 to the treasurer of the unit

18  of local government for deposit into the unit of local

19  government's General Fund, except that if the Illinois

20  State Police provides digital or electronic forensic

21  examination assistance, or both, to the arresting

22  agency then $100 to the State Treasurer for deposit

23  into the State Crime Laboratory Fund; or

24  (B) if the arresting agency is the Illinois State

25  Police, $500 to the State Treasurer for deposit into

26  the State Crime Laboratory Fund;
    HB2690 Enrolled  - 20 - LRB104 07332 RLC 17372 b

1   (3) crime laboratory drug analysis for a drug-related

2   offense involving possession or delivery of cannabis or

3   possession or delivery of a controlled substance as

4   defined in the Cannabis Control Act, the Illinois

5   Controlled Substances Act, or the Methamphetamine Control

6   and Community Protection Act, $100 reimbursement for

7   laboratory analysis, as set forth in subsection (f) of

8   Section 5-9-1.4 of the Unified Code of Corrections;

9   (4) DNA analysis, $250 on each conviction in which it

10  was used to the State Treasurer for deposit into the State

11  Crime Laboratory Fund as set forth in Section 5-9-1.4 of

12  the Unified Code of Corrections;

13  (5) DUI analysis, $150 on each sentenced violation in

14  which it was used as set forth in subsection (f) of Section

15  5-9-1.9 of the Unified Code of Corrections;

16  (6) drug-related offense involving possession or

17  delivery of cannabis or possession or delivery of a

18  controlled substance, other than methamphetamine, as

19  defined in the Cannabis Control Act or the Illinois

20  Controlled Substances Act, an amount not less than the

21  full street value of the cannabis or controlled substance

22  seized for each conviction to be disbursed as follows:

23  (A) 12.5% of the street value assessment shall be

24  paid into the Youth Drug Abuse Prevention Fund, to be

25  used by the Department of Human Services for the

26  funding of programs and services for drug-abuse
    HB2690 Enrolled  - 21 - LRB104 07332 RLC 17372 b

1   treatment, and prevention and education services;

2   (B) 37.5% to the county in which the charge was

3   prosecuted, to be deposited into the county General

4   Fund;

5   (C) 50% to the treasurer of the arresting law

6   enforcement agency of the municipality or county, or

7   to the State Treasurer if the arresting agency was a

8   state agency, to be deposited as provided in

9   subsection (c) of Section 10-5;

10  (D) if the arrest was made in combination with

11  multiple law enforcement agencies, the clerk shall

12  equitably allocate the portion in subparagraph (C) of

13  this paragraph (6) among the law enforcement agencies

14  involved in the arrest;

15  (6.5) Kane County or Will County, in felony,

16  misdemeanor, local or county ordinance, traffic, or

17  conservation cases, up to $30 as set by the county board

18  under Section 5-1101.3 of the Counties Code upon the entry

19  of a judgment of conviction, an order of supervision, or a

20  sentence of probation without entry of judgment under

21  Section 10 of the Cannabis Control Act, Section 410 of the

22  Illinois Controlled Substances Act, Section 70 of the

23  Methamphetamine Control and Community Protection Act,

24  Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of

25  the Criminal Code of 1961 or the Criminal Code of 2012,

26  Section 10-102 of the Illinois Alcoholism and Other Drug
    HB2690 Enrolled  - 22 - LRB104 07332 RLC 17372 b

1   Dependency Act, or Section 10 of the Steroid Control Act;

2   except in local or county ordinance, traffic, and

3   conservation cases, if fines are paid in full without a

4   court appearance, then the assessment shall not be imposed

5   or collected. Distribution of assessments collected under

6   this paragraph (6.5) shall be as provided in Section

7   5-1101.3 of the Counties Code;

8   (7) methamphetamine-related offense involving

9   possession or delivery of methamphetamine or any salt of

10  an optical isomer of methamphetamine or possession of a

11  methamphetamine manufacturing material as set forth in

12  Section 10 of the Methamphetamine Control and Community

13  Protection Act with the intent to manufacture a substance

14  containing methamphetamine or salt of an optical isomer of

15  methamphetamine, an amount not less than the full street

16  value of the methamphetamine or salt of an optical isomer

17  of methamphetamine or methamphetamine manufacturing

18  materials seized for each conviction to be disbursed as

19  follows:

20  (A) 12.5% of the street value assessment shall be

21  paid into the Youth Drug Abuse Prevention Fund, to be

22  used by the Department of Human Services for the

23  funding of programs and services for drug-abuse

24  treatment, and prevention and education services;

25  (B) 37.5% to the county in which the charge was

26  prosecuted, to be deposited into the county General
    HB2690 Enrolled  - 23 - LRB104 07332 RLC 17372 b

1   Fund;

2   (C) 50% to the treasurer of the arresting law

3   enforcement agency of the municipality or county, or

4   to the State Treasurer if the arresting agency was a

5   state agency, to be deposited as provided in

6   subsection (c) of Section 10-5;

7   (D) if the arrest was made in combination with

8   multiple law enforcement agencies, the clerk shall

9   equitably allocate the portion in subparagraph (C) of

10  this paragraph (6) among the law enforcement agencies

11  involved in the arrest;

12  (8) order of protection violation under Section 12-3.4

13  of the Criminal Code of 2012, $200 for each conviction to

14  the county treasurer for deposit into the Probation and

15  Court Services Fund for implementation of a domestic

16  violence surveillance program and any other assessments or

17  fees imposed under Section 5-9-1.16 of the Unified Code of

18  Corrections;

19  (9) order of protection violation, $25 for each

20  violation to the State Treasurer, for deposit into the

21  Domestic Violence Abuser Services Fund;

22  (10) prosecution by the State's Attorney of a:

23  (A) petty or business offense, $4 to the county

24  treasurer of which $2 deposited into the State's

25  Attorney Records Automation Fund and $2 into the

26  Public Defender Records Automation Fund;
    HB2690 Enrolled  - 24 - LRB104 07332 RLC 17372 b

1   (B) conservation or traffic offense, $2 to the

2   county treasurer for deposit into the State's Attorney

3   Records Automation Fund;

4   (11) speeding in a construction zone violation, $250

5   to the State Treasurer for deposit into the Transportation

6   Safety Highway Hire-back Fund, unless (i) the violation

7   occurred on a highway other than an interstate highway and

8   (ii) a county police officer wrote the ticket for the

9   violation, in which case to the county treasurer for

10  deposit into that county's Transportation Safety Highway

11  Hire-back Fund;

12  (12) supervision disposition on an offense under the

13  Illinois Vehicle Code or similar provision of a local

14  ordinance, 50 cents, unless waived by the court, into the

15  Prisoner Review Board Vehicle and Equipment Fund;

16  (13) victim and offender are family or household

17  members as defined in Section 103 of the Illinois Domestic

18  Violence Act of 1986 and offender pleads guilty or no

19  contest to or is convicted of murder, voluntary

20  manslaughter, involuntary manslaughter, burglary,

21  residential burglary, criminal trespass to residence,

22  criminal trespass to vehicle, criminal trespass to land,

23  criminal damage to property, telephone harassment,

24  kidnapping, aggravated kidnaping, unlawful restraint,

25  forcible detention, child abduction, indecent solicitation

26  of a child, sexual relations between siblings,
    HB2690 Enrolled  - 25 - LRB104 07332 RLC 17372 b

1   exploitation of a child, child sexual abuse material

2   pornography, assault, aggravated assault, battery,

3   aggravated battery, heinous battery, aggravated battery of

4   a child, domestic battery, reckless conduct, intimidation,

5   criminal sexual assault, predatory criminal sexual assault

6   of a child, aggravated criminal sexual assault, criminal

7   sexual abuse, aggravated criminal sexual abuse, violation

8   of an order of protection, disorderly conduct, endangering

9   the life or health of a child, child abandonment,

10  contributing to dependency or neglect of child, or cruelty

11  to children and others, $200 for each sentenced violation

12  to the State Treasurer for deposit as follows: (i) for

13  sexual assault, as defined in Section 5-9-1.7 of the

14  Unified Code of Corrections, when the offender and victim

15  are family members, one-half to the Domestic Violence

16  Shelter and Service Fund, and one-half to the Sexual

17  Assault Services Fund; (ii) for the remaining offenses to

18  the Domestic Violence Shelter and Service Fund;

19  (14) violation of Section 11-501 of the Illinois

20  Vehicle Code, Section 5-7 of the Snowmobile Registration

21  and Safety Act, Section 5-16 of the Boat Registration and

22  Safety Act, or a similar provision, whose operation of a

23  motor vehicle, snowmobile, or watercraft while in

24  violation of Section 11-501, Section 5-7 of the Snowmobile

25  Registration and Safety Act, Section 5-16 of the Boat

26  Registration and Safety Act, or a similar provision
    HB2690 Enrolled      - 26 - LRB104 07332 RLC 17372 b

1   proximately caused an incident resulting in an appropriate

2   emergency response, $1,000 maximum to the public agency

3   that provided an emergency response related to the

4   person's violation, or as provided in subsection (c) of

5   Section 10-5 if the arresting agency was a State agency,

6   unless more than one agency was responsible for the

7   arrest, in which case the amount shall be remitted to each

8   unit of government equally;

9   (15) violation of Section 401, 407, or 407.2 of the

10  Illinois Controlled Substances Act that proximately caused

11  any incident resulting in an appropriate drug-related

12  emergency response, $1,000 as reimbursement for the

13  emergency response to the law enforcement agency that made

14  the arrest, or as provided in subsection (c) of Section

15  10-5 if the arresting agency was a State agency, unless

16  more than one agency was responsible for the arrest, in

17  which case the amount shall be remitted to each unit of

18  government equally;

19  (16) violation of reckless driving, aggravated

20  reckless driving, or driving 26 miles per hour or more in

21  excess of the speed limit that triggered an emergency

22  response, $1,000 maximum reimbursement for the emergency

23  response to be distributed in its entirety to a public

24  agency that provided an emergency response related to the

25  person's violation, or as provided in subsection (c) of

26  Section 10-5 if the arresting agency was a State agency,
    HB2690 Enrolled  - 27 - LRB104 07332 RLC 17372 b

1   unless more than one agency was responsible for the

2   arrest, in which case the amount shall be remitted to each

3   unit of government equally;

4   (17) violation based upon each plea of guilty,

5   stipulation of facts, or finding of guilt resulting in a

6   judgment of conviction or order of supervision for an

7   offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of

8   the Criminal Code of 2012 that results in the imposition

9   of a fine, to be distributed as follows:

10  (A) $50 to the county treasurer for deposit into

11  the Circuit Court Clerk Operation and Administrative

12  Fund to cover the costs in administering this

13  paragraph (17);

14  (B) $300 to the State Treasurer who shall deposit

15  the portion as follows:

16                   (i) if the arresting or investigating agency

17  is the Illinois State Police, into the State

18  Police Law Enforcement Administration Fund;

19                   (ii) if the arresting or investigating agency

20  is the Department of Natural Resources, into the

21  Conservation Police Operations Assistance Fund;

22                   (iii) if the arresting or investigating agency

23  is the Secretary of State, into the Secretary of

24  State Police Services Fund;

25                   (iv) if the arresting or investigating agency

26  is the Illinois Commerce Commission, into the
    HB2690 Enrolled  - 28 - LRB104 07332 RLC 17372 b

1   Transportation Regulatory Fund; or

2                    (v) if more than one of the State agencies in

3   this subparagraph (B) is the arresting or

4   investigating agency, then equal shares with the

5   shares deposited as provided in the applicable

6   items (i) through (iv) of this subparagraph (B);

7   and

8   (C) the remainder for deposit into the Specialized

9   Services for Survivors of Human Trafficking Fund;

10  (18) weapons violation under Section 24-1.1, 24-1.2,

11  or 24-1.5 of the Criminal Code of 1961 or the Criminal Code

12  of 2012, $100 for each conviction to the State Treasurer

13  for deposit into the Trauma Center Fund; and

14  (19) violation of subsection (c) of Section 11-907 of

15  the Illinois Vehicle Code, $250 to the State Treasurer for

16  deposit into the Scott's Law Fund, unless a county or

17  municipal police officer wrote the ticket for the

18  violation, in which case to the county treasurer for

19  deposit into that county's or municipality's

20  Transportation Safety Highway Hire-back Fund to be used as

21  provided in subsection (j) of Section 11-907 of the

22  Illinois Vehicle Code; and.

23  (20) violation of Section 15-109.1 of the Illinois

24  Vehicle Code, $150 to be distributed as follows:

25  (A) 50% to the county treasurer for deposit into

26  the county general fund; and
    HB2690 Enrolled      - 29 - LRB104 07332 RLC 17372 b

1   (B) 50% to the treasurer of the arresting law

2   enforcement agency of the municipality or county or to

3   the State Treasurer, if the arresting agency was a

4   State agency, to be deposited as provided in

5   subsection (c) of Section 10-5.

6   Except for traffic violations, fines, and assessments,

7 such as fees or administrative costs authorized in this

8 Section, shall not be ordered or imposed on a minor subject to

9 Article III, IV, or V of the Juvenile Court Act of 1987, or a

10 minor under the age of 18 transferred to adult court or

11 excluded from juvenile court jurisdiction under Article V of

12 the Juvenile Court Act of 1987, or the minor's parent,

13 guardian, or legal custodian.

14 (Source: P.A. 102-145, eff. 7-23-21; 102-505, eff. 8-20-21;

15 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-379, eff.

16 7-28-23; 103-730, eff. 1-1-25; revised 11-23-24.)

17  Section 45. The Juvenile Court Act of 1987 is amended by

18 changing Section 3-40 as follows:

19  (705 ILCS 405/3-40)

20  Sec. 3-40. Minors involved in electronic dissemination of

21 indecent visual depictions in need of supervision.

22  (a) For the purposes of this Section:

23  "Computer" has the meaning ascribed to it in Section

24 17-0.5 of the Criminal Code of 2012.
    HB2690 Enrolled  - 30 - LRB104 07332 RLC 17372 b

1   "Electronic communication device" means an electronic

2 device, including but not limited to a wireless telephone,

3 personal digital assistant, or a portable or mobile computer,

4 that is capable of transmitting images or pictures.

5   "Indecent visual depiction" means a depiction or portrayal

6 in any pose, posture, or setting involving a lewd exhibition

7 of the unclothed or transparently clothed genitals, pubic

8 area, buttocks, or, if such person is female, a fully or

9 partially developed breast of the person.

10  "Minor" means a person under 18 years of age.

11  (b) A minor shall not distribute or disseminate an

12 indecent visual depiction of another minor through the use of

13 a computer or electronic communication device.

14  (c) Adjudication. A minor who violates subsection (b) of

15 this Section may be subject to a petition for adjudication and

16 adjudged a minor in need of supervision.

17  (d) Kinds of dispositional orders. A minor found to be in

18 need of supervision under this Section may be:

19  (1) ordered to obtain counseling or other supportive

20  services to address the acts that led to the need for

21  supervision; or

22  (2) ordered to perform community service.

23  (e) Nothing in this Section shall be construed to prohibit

24 a prosecution for disorderly conduct, public indecency, child

25 sexual abuse material pornography, a violation of Article 26.5

26 (Harassing and Obscene Communications) of the Criminal Code of
   HB2690 Enrolled  - 31 - LRB104 07332 RLC 17372 b

1 2012, or any other applicable provision of law.
2 (Source: P.A. 99-78, eff. 7-20-15.)

3  Section 50. The Criminal Code of 2012 is amended by

4 changing Sections 3-5, 3-6, 11-0.1, 11-9.1, 11-9.3, 11-20.1,

5 11-20.2, 11-23, 11-25, 14-3, and 36-1 as follows:

6  (720 ILCS 5/3-5) (from Ch. 38, par. 3-5)

7  Sec. 3-5. General limitations.

8  (a) A prosecution for: (1) first degree murder, attempt to

9 commit first degree murder, second degree murder, involuntary

10 manslaughter, reckless homicide, a violation of subparagraph

11 (F) of paragraph (1) of subsection (d) of Section 11-501 of the

12 Illinois Vehicle Code for the offense of aggravated driving

13 under the influence of alcohol, other drug or drugs, or

14 intoxicating compound or compounds, or any combination thereof

15 when the violation was a proximate cause of a death, leaving

16 the scene of a motor vehicle crash involving death or personal

17 injuries under Section 11-401 of the Illinois Vehicle Code,

18 failing to give information and render aid under Section

19 11-403 of the Illinois Vehicle Code, concealment of homicidal

20 death, treason, arson, residential arson, aggravated arson,

21 forgery, child sexual abuse material or child pornography

22 under paragraph (1) of subsection (a) of Section 11-20.1, or

23 aggravated child pornography under paragraph (1) of subsection

24 (a) of Section 11-20.1B, or (2) any offense involving sexual
    HB2690 Enrolled           - 32 - LRB104 07332 RLC 17372 b

1 conduct or sexual penetration, as defined by Section 11-0.1 of

2 this Code may be commenced at any time.

3   (a-5) A prosecution for theft of property exceeding

4 $100,000 in value under Section 16-1, identity theft under

5 subsection (a) of Section 16-30, aggravated identity theft

6 under subsection (b) of Section 16-30, financial exploitation

7 of an elderly person or a person with a disability under

8 Section 17-56; theft by deception of a victim 60 years of age

9 or older or a person with a disability under Section 16-1; or

10 any offense set forth in Article 16H or Section 17-10.6 may be

11 commenced within 7 years of the last act committed in

12 furtherance of the crime.

13  (b) Unless the statute describing the offense provides

14 otherwise, or the period of limitation is extended by Section

15 3-6, a prosecution for any offense not designated in

16 subsection (a) or (a-5) must be commenced within 3 years after

17 the commission of the offense if it is a felony, or within one

18 year and 6 months after its commission if it is a misdemeanor.

19 (Source: P.A. 101-130, eff. 1-1-20; 102-244, eff. 1-1-22;

20 102-982, eff. 7-1-23.)

21  (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)

22  Sec. 3-6. Extended limitations. The period within which a

23 prosecution must be commenced under the provisions of Section

24 3-5 or other applicable statute is extended under the

25 following conditions:
    HB2690 Enrolled  - 33 - LRB104 07332 RLC 17372 b

1   (a) A prosecution for theft involving a breach of a

2 fiduciary obligation to the aggrieved person may be commenced

3 as follows:

4   (1) If the aggrieved person is a minor or a person

5   under legal disability, then during the minority or legal

6   disability or within one year after the termination

7   thereof.

8   (2) In any other instance, within one year after the

9   discovery of the offense by an aggrieved person, or by a

10  person who has legal capacity to represent an aggrieved

11  person or has a legal duty to report the offense, and is

12  not himself or herself a party to the offense; or in the

13  absence of such discovery, within one year after the

14  proper prosecuting officer becomes aware of the offense.

15  However, in no such case is the period of limitation so

16  extended more than 3 years beyond the expiration of the

17  period otherwise applicable.

18  (b) A prosecution for any offense based upon misconduct in

19 office by a public officer or employee may be commenced within

20 one year after discovery of the offense by a person having a

21 legal duty to report such offense, or in the absence of such

22 discovery, within one year after the proper prosecuting

23 officer becomes aware of the offense. However, in no such case

24 is the period of limitation so extended more than 3 years

25 beyond the expiration of the period otherwise applicable.

26  (b-5) When the victim is under 18 years of age at the time
    HB2690 Enrolled  - 34 - LRB104 07332 RLC 17372 b

1 of the offense, a prosecution for involuntary servitude,

2 involuntary sexual servitude of a minor, or trafficking in

3 persons and related offenses under Section 10-9 of this Code

4 may be commenced within 25 years of the victim attaining the

5 age of 18 years.

6   (b-6) When the victim is 18 years of age or over at the

7 time of the offense, a prosecution for involuntary servitude,

8 involuntary sexual servitude of a minor, or trafficking in

9 persons and related offenses under Section 10-9 of this Code

10 may be commenced within 25 years after the commission of the

11 offense.

12  (b-7) When the victim is under 18 years of age at the time

13 of the offense, a prosecution for female genital mutilation

14 may be commenced at any time.

15  (b-8) When the victim is under 17 years of age at the time

16 of the offense, a prosecution for grooming may be commenced

17 within 10 years after the victim attains 17 years of age.

18  (c) (Blank).

19  (d) A prosecution for child sexual abuse material or child

20 pornography, aggravated child pornography, indecent

21 solicitation of a child, soliciting for a juvenile prostitute,

22 juvenile pimping, exploitation of a child, or promoting

23 juvenile prostitution except for keeping a place of juvenile

24 prostitution may be commenced within one year of the victim

25 attaining the age of 18 years. However, in no such case shall

26 the time period for prosecution expire sooner than 3 years
    HB2690 Enrolled  - 35 - LRB104 07332 RLC 17372 b

1 after the commission of the offense.

2   (e) Except as otherwise provided in subdivision (j), a

3 prosecution for any offense involving sexual conduct or sexual

4 penetration, as defined in Section 11-0.1 of this Code, where

5 the defendant was within a professional or fiduciary

6 relationship or a purported professional or fiduciary

7 relationship with the victim at the time of the commission of

8 the offense may be commenced within one year after the

9 discovery of the offense by the victim.

10  (f) A prosecution for any offense set forth in Section 44

11 of the Environmental Protection Act may be commenced within 5

12 years after the discovery of such an offense by a person or

13 agency having the legal duty to report the offense or in the

14 absence of such discovery, within 5 years after the proper

15 prosecuting officer becomes aware of the offense.

16  (f-5) A prosecution for any offense set forth in Section

17 16-30 of this Code may be commenced within 5 years after the

18 discovery of the offense by the victim of that offense.

19  (g) (Blank).

20  (h) (Blank).

21  (i) Except as otherwise provided in subdivision (j), a

22 prosecution for criminal sexual assault, aggravated criminal

23 sexual assault, or aggravated criminal sexual abuse may be

24 commenced at any time. If the victim consented to the

25 collection of evidence using an Illinois State Police Sexual

26 Assault Evidence Collection Kit under the Sexual Assault
    HB2690 Enrolled          - 36 - LRB104 07332 RLC 17372 b

1 Survivors Emergency Treatment Act, it shall constitute

2 reporting for purposes of this Section.

3   Nothing in this subdivision (i) shall be construed to

4 shorten a period within which a prosecution must be commenced

5 under any other provision of this Section.

6   (i-5) A prosecution for armed robbery, home invasion,

7 kidnapping, or aggravated kidnaping may be commenced within 10

8 years of the commission of the offense if it arises out of the

9 same course of conduct and meets the criteria under one of the

10 offenses in subsection (i) of this Section.

11  (j) (1) When the victim is under 18 years of age at the

12 time of the offense, a prosecution for criminal sexual

13 assault, aggravated criminal sexual assault, predatory

14 criminal sexual assault of a child, aggravated criminal sexual

15 abuse, felony criminal sexual abuse, or female genital

16 mutilation may be commenced at any time.

17  (2) When in circumstances other than as described in

18 paragraph (1) of this subsection (j), when the victim is under

19 18 years of age at the time of the offense, a prosecution for

20 failure of a person who is required to report an alleged or

21 suspected commission of criminal sexual assault, aggravated

22 criminal sexual assault, predatory criminal sexual assault of

23 a child, aggravated criminal sexual abuse, or felony criminal

24 sexual abuse under the Abused and Neglected Child Reporting

25 Act may be commenced within 20 years after the child victim

26 attains 18 years of age.
    HB2690 Enrolled         - 37 - LRB104 07332 RLC 17372 b

1   (3) When the victim is under 18 years of age at the time of

2 the offense, a prosecution for misdemeanor criminal sexual

3 abuse may be commenced within 10 years after the child victim

4 attains 18 years of age.

5   (4) Nothing in this subdivision (j) shall be construed to

6 shorten a period within which a prosecution must be commenced

7 under any other provision of this Section.

8   (j-5) A prosecution for armed robbery, home invasion,

9 kidnapping, or aggravated kidnaping may be commenced at any

10 time if it arises out of the same course of conduct and meets

11 the criteria under one of the offenses in subsection (j) of

12 this Section.

13  (k) (Blank).

14  (l) A prosecution for any offense set forth in Section

15 26-4 of this Code may be commenced within one year after the

16 discovery of the offense by the victim of that offense.

17  (l-5) A prosecution for any offense involving sexual

18 conduct or sexual penetration, as defined in Section 11-0.1 of

19 this Code, in which the victim was 18 years of age or older at

20 the time of the offense, may be commenced within one year after

21 the discovery of the offense by the victim when corroborating

22 physical evidence is available. The charging document shall

23 state that the statute of limitations is extended under this

24 subsection (l-5) and shall state the circumstances justifying

25 the extension. Nothing in this subsection (l-5) shall be

26 construed to shorten a period within which a prosecution must
    HB2690 Enrolled          - 38 - LRB104 07332 RLC 17372 b

1 be commenced under any other provision of this Section or

2 Section 3-5 of this Code.

3   (m) The prosecution shall not be required to prove at

4 trial facts which extend the general limitations in Section

5 3-5 of this Code when the facts supporting extension of the

6 period of general limitations are properly pled in the

7 charging document. Any challenge relating to the extension of

8 the general limitations period as defined in this Section

9 shall be exclusively conducted under Section 114-1 of the Code

10 of Criminal Procedure of 1963.

11  (n) A prosecution for any offense set forth in subsection

12 (a), (b), or (c) of Section 8A-3 or Section 8A-13 of the

13 Illinois Public Aid Code, in which the total amount of money

14 involved is $5,000 or more, including the monetary value of

15 food stamps and the value of commodities under Section 16-1 of

16 this Code may be commenced within 5 years of the last act

17 committed in furtherance of the offense.

18  (o) A prosecution for any offense based upon fraudulent

19 activity connected to COVID-19-related relief programs, to

20 include the Paycheck Protection Program, COVID-19 Economic

21 Injury Disaster Loan Program, and the Unemployment Benefit

22 Programs shall be commenced within 5 years after discovery of

23 the offense by a person having a legal duty to report such

24 offense, or in the absence of such discovery, within 5 years

25 after the proper prosecuting officer becomes aware of the

26 offense. However, in no such case is the period of limitation
    HB2690 Enrolled      - 39 - LRB104 07332 RLC 17372 b

1 so extended more than 10 years beyond the expiration of the
2 period otherwise applicable.
3 (Source: P.A. 102-558, eff. 8-20-21; 103-184, eff. 1-1-24.)

4   (720 ILCS 5/11-0.1)

5   Sec. 11-0.1. Definitions. In this Article, unless the

6 context clearly requires otherwise, the following terms are

7 defined as indicated:

8   "Accused" means a person accused of an offense prohibited

9 by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of

10 this Code or a person for whose conduct the accused is legally

11 responsible under Article 5 of this Code.

12  "Adult obscenity or child sexual abuse material

13 pornography Internet site". See Section 11-23.

14  "Advance prostitution" means:

15  (1) Soliciting for a prostitute by performing any of

16  the following acts when acting other than as a prostitute

17  or a patron of a prostitute:

18  (A) Soliciting another for the purpose of

19  prostitution.

20  (B) Arranging or offering to arrange a meeting of

21  persons for the purpose of prostitution.

22  (C) Directing another to a place knowing the

23  direction is for the purpose of prostitution.

24  (2) Keeping a place of prostitution by controlling or

25  exercising control over the use of any place that could
    HB2690 Enrolled  - 40 - LRB104 07332 RLC 17372 b

1   offer seclusion or shelter for the practice of

2   prostitution and performing any of the following acts when

3   acting other than as a prostitute or a patron of a

4   prostitute:

5              (A) Knowingly granting or permitting the use of

6   the place for the purpose of prostitution.

7              (B) Granting or permitting the use of the place

8   under circumstances from which he or she could

9   reasonably know that the place is used or is to be used

10  for purposes of prostitution.

11             (C) Permitting the continued use of the place

12  after becoming aware of facts or circumstances from

13  which he or she should reasonably know that the place

14  is being used for purposes of prostitution.

15  "Agency". See Section 11-9.5.

16  "Arranges". See Section 11-6.5.

17  "Bodily harm" means physical harm, and includes, but is

18 not limited to, sexually transmitted disease, pregnancy, and

19 impotence.

20  "Care and custody". See Section 11-9.5.

21  "Child care institution". See Section 11-9.3.

22  "Child sexual abuse material pornography". See Section

23 11-20.1.

24  "Child sex offender". See Section 11-9.3.

25  "Community agency". See Section 11-9.5.

26  "Conditional release". See Section 11-9.2.
    HB2690 Enrolled  - 41 - LRB104 07332 RLC 17372 b

1   "Consent" means a freely given agreement to the act of

2 sexual penetration or sexual conduct in question. Lack of

3 verbal or physical resistance or submission by the victim

4 resulting from the use of force or threat of force by the

5 accused shall not constitute consent. The manner of dress of

6 the victim at the time of the offense shall not constitute

7 consent.

8   "Custody". See Section 11-9.2.

9   "Day care center". See Section 11-9.3.

10  "Depict by computer". See Section 11-20.1.

11  "Depiction by computer". See Section 11-20.1.

12  "Disseminate". See Section 11-20.1.

13  "Distribute". See Section 11-21.

14  "Family member" means a parent, grandparent, child,

15 sibling, aunt, uncle, great-aunt, or great-uncle, whether by

16 whole blood, half-blood, or adoption, and includes a

17 step-grandparent, step-parent, or step-child. "Family member"

18 also means, if the victim is a child under 18 years of age, an

19 accused who has resided in the household with the child

20 continuously for at least 3 6 months.

21  "Force or threat of force" means the use of force or

22 violence or the threat of force or violence, including, but

23 not limited to, the following situations:

24  (1) when the accused threatens to use force or

25  violence on the victim or on any other person, and the

26  victim under the circumstances reasonably believes that
    HB2690 Enrolled  - 42 - LRB104 07332 RLC 17372 b

1   the accused has the ability to execute that threat; or

2   (2) when the accused overcomes the victim by use of

3   superior strength or size, physical restraint, or physical

4   confinement.

5   "Harmful to minors". See Section 11-21.

6   "Loiter". See Section 9.3.

7   "Material". See Section 11-21.

8   "Minor". See Section 11-21.

9   "Nudity". See Section 11-21.

10  "Obscene". See Section 11-20.

11  "Part day child care facility". See Section 11-9.3.

12  "Penal system". See Section 11-9.2.

13  "Person responsible for the child's welfare". See Section

14 11-9.1A.

15  "Person with a disability". See Section 11-9.5.

16  "Playground". See Section 11-9.3.

17  "Probation officer". See Section 11-9.2.

18  "Produce". See Section 11-20.1.

19  "Profit from prostitution" means, when acting other than

20 as a prostitute, to receive anything of value for personally

21 rendered prostitution services or to receive anything of value

22 from a prostitute, if the thing received is not for lawful

23 consideration and the person knows it was earned in whole or in

24 part from the practice of prostitution.

25  "Public park". See Section 11-9.3.

26  "Public place". See Section 11-30.
    HB2690 Enrolled        - 43 - LRB104 07332 RLC 17372 b

1   "Reproduce". See Section 11-20.1.

2   "Sado-masochistic abuse". See Section 11-21.

3   "School". See Section 11-9.3.

4   "School official". See Section 11-9.3.

5   "Sexual abuse". See Section 11-9.1A.

6   "Sexual act". See Section 11-9.1.

7   "Sexual conduct" means any knowing touching or fondling by

8 the victim or the accused, either directly or through

9 clothing, of the sex organs, anus, or breast of the victim or

10 the accused, or any part of the body of a child under 13 years

11 of age, or any transfer or transmission of semen by the accused

12 upon any part of the clothed or unclothed body of the victim,

13 for the purpose of sexual gratification or arousal of the

14 victim or the accused.

15  "Sexual excitement". See Section 11-21.

16  "Sexual penetration" means any contact, however slight,

17 between the sex organ or anus of one person and an object or

18 the sex organ, mouth, or anus of another person, or any

19 intrusion, however slight, of any part of the body of one

20 person or of any animal or object into the sex organ or anus of

21 another person, including, but not limited to, cunnilingus,

22 fellatio, or anal penetration. Evidence of emission of semen

23 is not required to prove sexual penetration.

24  "Solicit". See Section 11-6.

25  "State-operated facility". See Section 11-9.5.

26  "Supervising officer". See Section 11-9.2.
    HB2690 Enrolled         - 44 - LRB104 07332 RLC 17372 b

1   "Surveillance agent". See Section 11-9.2.

2   "Treatment and detention facility". See Section 11-9.2.

3   "Unable to give knowing consent" includes, but is not

4 limited to, when the victim was asleep, unconscious, or

5 unaware of the nature of the act such that the victim could not

6 give voluntary and knowing agreement to the sexual act.

7 "Unable to give knowing consent" also includes when the

8 accused administers any intoxicating or anesthetic substance,

9 or any controlled substance causing the victim to become

10 unconscious of the nature of the act and this condition was

11 known, or reasonably should have been known by the accused.

12 "Unable to give knowing consent" also includes when the victim

13 has taken an intoxicating substance or any controlled

14 substance causing the victim to become unconscious of the

15 nature of the act, and this condition was known or reasonably

16 should have been known by the accused, but the accused did not

17 provide or administer the intoxicating substance. As used in

18 this paragraph, "unconscious of the nature of the act" means

19 incapable of resisting because the victim meets any one of the

20 following conditions:

21  (1) was unconscious or asleep;

22  (2) was not aware, knowing, perceiving, or cognizant

23  that the act occurred;

24  (3) was not aware, knowing, perceiving, or cognizant

25  of the essential characteristics of the act due to the

26  perpetrator's fraud in fact; or
    HB2690 Enrolled           - 45 - LRB104 07332 RLC 17372 b

1   (4) was not aware, knowing, perceiving, or cognizant

2   of the essential characteristics of the act due to the

3   perpetrator's fraudulent representation that the sexual

4   penetration served a professional purpose when it served

5   no professional purpose.

6   It is inferred that a victim is unable to give knowing

7 consent A victim is presumed "unable to give knowing consent"

8 when the victim:

9   (1) is committed to the care and custody or

10  supervision of the Illinois Department of Corrections

11  (IDOC) and the accused is an employee or volunteer who is

12  not married to the victim who knows or reasonably should

13  know that the victim is committed to the care and custody

14  or supervision of such department;

15  (2) is committed to or placed with the Department of

16  Children and Family Services (DCFS) and in residential

17  care, and the accused employee is not married to the

18  victim, and knows or reasonably should know that the

19  victim is committed to or placed with DCFS and in

20  residential care;

21  (3) is a client or patient and the accused is a health

22  care provider or mental health care provider and the

23  sexual conduct or sexual penetration occurs during a

24  treatment session, consultation, interview, or

25  examination;

26  (4) is a resident or inpatient of a residential
    HB2690 Enrolled  - 46 - LRB104 07332 RLC 17372 b

1   facility and the accused is an employee of the facility

2   who is not married to such resident or inpatient who

3   provides direct care services, case management services,

4   medical or other clinical services, habilitative services

5   or direct supervision of the residents in the facility in

6   which the resident resides; or an officer or other

7   employee, consultant, contractor or volunteer of the

8   residential facility, who knows or reasonably should know

9   that the person is a resident of such facility; or

10  (5) is detained or otherwise in the custody of a

11  police officer, peace officer, or other law enforcement

12  official who: (i) is detaining or maintaining custody of

13  such person; or (ii) knows, or reasonably should know,

14  that at the time of the offense, such person was detained

15  or in custody and the police officer, peace officer, or

16  other law enforcement official is not married to such

17  detainee.

18  "Victim" means a person alleging to have been subjected to

19 an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40,

20 11-1.50, or 11-1.60 of this Code.

21 (Source: P.A. 102-567, eff. 1-1-22; 102-1096, eff. 1-1-23.)

22  (720 ILCS 5/11-9.1) (from Ch. 38, par. 11-9.1)

23  Sec. 11-9.1. Sexual exploitation of a child.

24  (a) A person commits sexual exploitation of a child if in

25 the presence or virtual presence, or both, of a child and with
    HB2690 Enrolled  - 47 - LRB104 07332 RLC 17372 b

1 knowledge that a child or one whom he or she believes to be a

2 child would view his or her acts, that person:

3         (1) engages in a sexual act; or

4         (2) exposes his or her sex organs, anus or breast for

5   the purpose of sexual arousal or gratification of such

6   person or the child or one whom he or she believes to be a

7   child; or

8         (3) knowingly entices, coerces, or persuades a child

9   to participate in the production of the recording or

10  memorializing a sexual act of persons ages 18 or older.

11  (a-5) A person commits sexual exploitation of a child who

12 knowingly entices, coerces, or persuades a child to remove the

13 child's clothing for the purpose of sexual arousal or

14 gratification of the person or the child, or both.

15  (b) Definitions. As used in this Section:

16  "Sexual act" means masturbation, sexual conduct or sexual

17 penetration as defined in Section 11-0.1 of this Code.

18  "Sex offense" means any violation of Article 11 of this

19 Code.

20  "Child" means a person under 17 years of age.

21  "Virtual presence" means an environment that is created

22 with software and presented to the user and or receiver via the

23 Internet, in such a way that the user appears in front of the

24 receiver on the computer monitor or screen or hand-held

25 portable electronic device, usually through a web camming

26 program. "Virtual presence" includes primarily experiencing
    HB2690 Enrolled    - 48 - LRB104 07332 RLC 17372 b

1 through sight or sound, or both, a video image that can be

2 explored interactively at a personal computer or hand-held

3 communication device, or both.

4   "Webcam" means a video capturing device connected to a

5 computer or computer network that is designed to take digital

6 photographs or live or recorded video which allows for the

7 live transmission to an end user over the Internet.

8   (c) Sentence.

9   (1) Sexual exploitation of a child is a Class A

10  misdemeanor. A second or subsequent violation of this

11  Section or a substantially similar law of another state is

12  a Class 4 felony.

13  (2) Sexual exploitation of a child is a Class 4 felony

14  if the person has been previously convicted of a sex

15  offense.

16  (3) Sexual exploitation of a child is a Class 4 felony

17  if the victim was under 13 years of age at the time of the

18  commission of the offense.

19  (4) Sexual exploitation of a child is a Class 4 felony

20  if committed by a person 18 years of age or older who is on

21  or within 500 feet of elementary or secondary school

22  grounds when children are present on the grounds.

23  (5) A violation of paragraph (3) of subsection (a) is

24  a Class 4 felony.

25 (Source: P.A. 102-168, eff. 7-27-21.)
   HB2690 Enrolled           - 49 - LRB104 07332 RLC 17372 b

1  (720 ILCS 5/11-9.3)

2  Sec. 11-9.3. Presence within school zone by child sex

3 offenders prohibited; approaching, contacting, residing with,

4 or communicating with a child within certain places by child

5 sex offenders prohibited.

6  (a) It is unlawful for a child sex offender to knowingly be

7 present in any school building, on real property comprising

8 any school, or in any conveyance owned, leased, or contracted

9 by a school to transport students to or from school or a school

10 related activity when persons under the age of 18 are present

11 in the building, on the grounds or in the conveyance, unless

12 the offender is a parent or guardian of a student attending the

13 school and the parent or guardian is: (i) attending a

14 conference at the school with school personnel to discuss the

15 progress of his or her child academically or socially, (ii)

16 participating in child review conferences in which evaluation

17 and placement decisions may be made with respect to his or her

18 child regarding special education services, or (iii) attending

19 conferences to discuss other student issues concerning his or

20 her child such as retention and promotion and notifies the

21 principal of the school of his or her presence at the school or

22 unless the offender has permission to be present from the

23 superintendent or the school board or in the case of a private

24 school from the principal. In the case of a public school, if

25 permission is granted, the superintendent or school board

26 president must inform the principal of the school where the
    HB2690 Enrolled             - 50 - LRB104 07332 RLC 17372 b

1 sex offender will be present. Notification includes the nature

2 of the sex offender's visit and the hours in which the sex

3 offender will be present in the school. The sex offender is

4 responsible for notifying the principal's office when he or

5 she arrives on school property and when he or she departs from

6 school property. If the sex offender is to be present in the

7 vicinity of children, the sex offender has the duty to remain

8 under the direct supervision of a school official.

9   (a-5) It is unlawful for a child sex offender to knowingly

10 be present within 100 feet of a site posted as a pick-up or

11 discharge stop for a conveyance owned, leased, or contracted

12 by a school to transport students to or from school or a school

13 related activity when one or more persons under the age of 18

14 are present at the site.

15  (a-10) It is unlawful for a child sex offender to

16 knowingly be present in any public park building, a playground

17 or recreation area within any publicly accessible privately

18 owned building, or on real property comprising any public park

19 when persons under the age of 18 are present in the building or

20 on the grounds and to approach, contact, or communicate with a

21 child under 18 years of age, unless the offender is a parent or

22 guardian of a person under 18 years of age present in the

23 building or on the grounds.

24  (b) It is unlawful for a child sex offender to knowingly

25 loiter within 500 feet of a school building or real property

26 comprising any school while persons under the age of 18 are
    HB2690 Enrolled  - 51 - LRB104 07332 RLC 17372 b

1 present in the building or on the grounds, unless the offender

2 is a parent or guardian of a student attending the school and

3 the parent or guardian is: (i) attending a conference at the

4 school with school personnel to discuss the progress of his or

5 her child academically or socially, (ii) participating in

6 child review conferences in which evaluation and placement

7 decisions may be made with respect to his or her child

8 regarding special education services, or (iii) attending

9 conferences to discuss other student issues concerning his or

10 her child such as retention and promotion and notifies the

11 principal of the school of his or her presence at the school or

12 has permission to be present from the superintendent or the

13 school board or in the case of a private school from the

14 principal. In the case of a public school, if permission is

15 granted, the superintendent or school board president must

16 inform the principal of the school where the sex offender will

17 be present. Notification includes the nature of the sex

18 offender's visit and the hours in which the sex offender will

19 be present in the school. The sex offender is responsible for

20 notifying the principal's office when he or she arrives on

21 school property and when he or she departs from school

22 property. If the sex offender is to be present in the vicinity

23 of children, the sex offender has the duty to remain under the

24 direct supervision of a school official.

25  (b-2) It is unlawful for a child sex offender to knowingly

26 loiter on a public way within 500 feet of a public park
    HB2690 Enrolled            - 52 - LRB104 07332 RLC 17372 b

1 building or real property comprising any public park while

2 persons under the age of 18 are present in the building or on

3 the grounds and to approach, contact, or communicate with a

4 child under 18 years of age, unless the offender is a parent or

5 guardian of a person under 18 years of age present in the

6 building or on the grounds.

7   (b-5) It is unlawful for a child sex offender to knowingly

8 reside within 500 feet of a school building or the real

9 property comprising any school that persons under the age of

10 18 attend. Nothing in this subsection (b-5) prohibits a child

11 sex offender from residing within 500 feet of a school

12 building or the real property comprising any school that

13 persons under 18 attend if the property is owned by the child

14 sex offender and was purchased before July 7, 2000 (the

15 effective date of Public Act 91-911).

16  (b-10) It is unlawful for a child sex offender to

17 knowingly reside within 500 feet of a playground, child care

18 institution, day care center, part day child care facility,

19 day care home, group day care home, or a facility providing

20 programs or services exclusively directed toward persons under

21 18 years of age. Nothing in this subsection (b-10) prohibits a

22 child sex offender from residing within 500 feet of a

23 playground or a facility providing programs or services

24 exclusively directed toward persons under 18 years of age if

25 the property is owned by the child sex offender and was

26 purchased before July 7, 2000. Nothing in this subsection
    HB2690 Enrolled  - 53 - LRB104 07332 RLC 17372 b

1 (b-10) prohibits a child sex offender from residing within 500

2 feet of a child care institution, day care center, or part day

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

4 offender and was purchased before June 26, 2006. Nothing in

5 this subsection (b-10) prohibits a child sex offender from

6 residing within 500 feet of a day care home or group day care

7 home if the property is owned by the child sex offender and was

8 purchased before August 14, 2008 (the effective date of Public

9 Act 95-821).

10  (b-15) It is unlawful for a child sex offender to

11 knowingly reside within 500 feet of the victim of the sex

12 offense. Nothing in this subsection (b-15) prohibits a child

13 sex offender from residing within 500 feet of the victim if the

14 property in which the child sex offender resides is owned by

15 the child sex offender and was purchased before August 22,

16 2002.

17  This subsection (b-15) does not apply if the victim of the

18 sex offense is 21 years of age or older.

19  (b-20) It is unlawful for a child sex offender to

20 knowingly communicate, other than for a lawful purpose under

21 Illinois law, using the Internet or any other digital media,

22 with a person under 18 years of age or with a person whom he or

23 she believes to be a person under 18 years of age, unless the

24 offender is a parent or guardian of the person under 18 years

25 of age.

26  (c) It is unlawful for a child sex offender to knowingly
    HB2690 Enrolled  - 54 - LRB104 07332 RLC 17372 b

1 operate, manage, be employed by, volunteer at, be associated

2 with, or knowingly be present at any: (i) facility providing

3 programs or services exclusively directed toward persons under

4 the age of 18; (ii) day care center; (iii) part day child care

5 facility; (iv) child care institution; (v) school providing

6 before and after school programs for children under 18 years

7 of age; (vi) day care home; or (vii) group day care home. This

8 does not prohibit a child sex offender from owning the real

9 property upon which the programs or services are offered or

10 upon which the day care center, part day child care facility,

11 child care institution, or school providing before and after

12 school programs for children under 18 years of age is located,

13 provided the child sex offender refrains from being present on

14 the premises for the hours during which: (1) the programs or

15 services are being offered or (2) the day care center, part day

16 child care facility, child care institution, or school

17 providing before and after school programs for children under

18 18 years of age, day care home, or group day care home is

19 operated.

20  (c-2) It is unlawful for a child sex offender to

21 participate in a holiday event involving children under 18

22 years of age, including but not limited to distributing candy

23 or other items to children on Halloween, wearing a Santa Claus

24 costume on or preceding Christmas, being employed as a

25 department store Santa Claus, or wearing an Easter Bunny

26 costume on or preceding Easter. For the purposes of this
    HB2690 Enrolled  - 55 - LRB104 07332 RLC 17372 b

1 subsection, child sex offender has the meaning as defined in

2 this Section, but does not include as a sex offense under

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

4 under subsection (c) of Section 11-1.50 of this Code. This

5 subsection does not apply to a child sex offender who is a

6 parent or guardian of children under 18 years of age that are

7 present in the home and other non-familial minors are not

8 present.

9   (c-5) It is unlawful for a child sex offender to knowingly

10 operate, manage, be employed by, or be associated with any

11 carnival, amusement enterprise, or county or State fair when

12 persons under the age of 18 are present.

13  (c-6) It is unlawful for a child sex offender who owns and

14 resides at residential real estate to knowingly rent any

15 residential unit within the same building in which he or she

16 resides to a person who is the parent or guardian of a child or

17 children under 18 years of age. This subsection shall apply

18 only to leases or other rental arrangements entered into after

19 January 1, 2009 (the effective date of Public Act 95-820).

20  (c-7) It is unlawful for a child sex offender to knowingly

21 offer or provide any programs or services to persons under 18

22 years of age in his or her residence or the residence of

23 another or in any facility for the purpose of offering or

24 providing such programs or services, whether such programs or

25 services are offered or provided by contract, agreement,

26 arrangement, or on a volunteer basis.
    HB2690 Enrolled  - 56 - LRB104 07332 RLC 17372 b

1   (c-8) It is unlawful for a child sex offender to knowingly

2 operate, whether authorized to do so or not, any of the

3 following vehicles: (1) a vehicle which is specifically

4 designed, constructed or modified and equipped to be used for

5 the retail sale of food or beverages, including but not

6 limited to an ice cream truck; (2) an authorized emergency

7 vehicle; or (3) a rescue vehicle.

8   (d) Definitions. In this Section:

9   (1) "Child sex offender" means any person who:

10  (i) has been charged under Illinois law, or any

11  substantially similar federal law or law of another

12  state, with a sex offense set forth in paragraph (2) of

13  this subsection (d) or the attempt to commit an

14  included sex offense, and the victim is a person under

15  18 years of age at the time of the offense; and:

16                   (A) is convicted of such offense or an attempt

17  to commit such offense; or

18                   (B) is found not guilty by reason of insanity

19  of such offense or an attempt to commit such

20  offense; or

21                   (C) is found not guilty by reason of insanity

22  pursuant to subsection (c) of Section 104-25 of

23  the Code of Criminal Procedure of 1963 of such

24  offense or an attempt to commit such offense; or

25                   (D) is the subject of a finding not resulting

26  in an acquittal at a hearing conducted pursuant to
    HB2690 Enrolled   - 57 - LRB104 07332 RLC 17372 b

1   subsection (a) of Section 104-25 of the Code of

2   Criminal Procedure of 1963 for the alleged

3   commission or attempted commission of such

4   offense; or

5                    (E) is found not guilty by reason of insanity

6   following a hearing conducted pursuant to a

7   federal law or the law of another state

8   substantially similar to subsection (c) of Section

9   104-25 of the Code of Criminal Procedure of 1963

10  of such offense or of the attempted commission of

11  such offense; or

12                   (F) is the subject of a finding not resulting

13  in an acquittal at a hearing conducted pursuant to

14  a federal law or the law of another state

15  substantially similar to subsection (a) of Section

16  104-25 of the Code of Criminal Procedure of 1963

17  for the alleged violation or attempted commission

18  of such offense; or

19  (ii) is certified as a sexually dangerous person

20  pursuant to the Illinois Sexually Dangerous Persons

21  Act, or any substantially similar federal law or the

22  law of another state, when any conduct giving rise to

23  such certification is committed or attempted against a

24  person less than 18 years of age; or

25  (iii) is subject to the provisions of Section 2 of

26  the Interstate Agreements on Sexually Dangerous
    HB2690 Enrolled       - 58 - LRB104 07332 RLC 17372 b

1   Persons Act.

2   Convictions that result from or are connected with the

3   same act, or result from offenses committed at the same

4   time, shall be counted for the purpose of this Section as

5   one conviction. Any conviction set aside pursuant to law

6   is not a conviction for purposes of this Section.

7   (2) Except as otherwise provided in paragraph (2.5),

8   "sex offense" means:

9   (i) A violation of any of the following Sections

10  of the Criminal Code of 1961 or the Criminal Code of

11  2012: 10-4 (forcible detention), 10-7 (aiding or

12  abetting child abduction under Section 10-5(b)(10)),

13  10-5(b)(10) (child luring), 11-1.40 (predatory

14  criminal sexual assault of a child), 11-6 (indecent

15  solicitation of a child), 11-6.5 (indecent

16  solicitation of an adult), 11-9.1 (sexual exploitation

17  of a child), 11-9.2 (custodial sexual misconduct),

18  11-9.5 (sexual misconduct with a person with a

19  disability), 11-11 (sexual relations within families),

20  11-14.3(a)(1) (promoting prostitution by advancing

21  prostitution),        11-14.3(a)(2)(A)  (promoting

22  prostitution by profiting from prostitution by

23  compelling a person to be a prostitute),

24  11-14.3(a)(2)(C) (promoting prostitution by profiting

25  from prostitution by means other than as described in

26  subparagraphs (A) and (B) of paragraph (2) of
    HB2690 Enrolled  - 59 - LRB104 07332 RLC 17372 b

1   subsection (a) of Section 11-14.3), 11-14.4 (promoting

2   juvenile prostitution), 11-18.1 (patronizing a

3   juvenile prostitute), 11-20.1 (child sexual abuse

4   material or child pornography), 11-20.1B (aggravated

5   child pornography), 11-21 (harmful material), 11-25

6   (grooming), 11-26 (traveling to meet a minor or

7   traveling to meet a child), 12-33 (ritualized abuse of

8   a child), 11-20 (obscenity) (when that offense was

9   committed in any school, on real property comprising

10  any school, in any conveyance owned, leased, or

11  contracted by a school to transport students to or

12  from school or a school related activity, or in a

13  public park), 11-30 (public indecency) (when committed

14  in a school, on real property comprising a school, in

15  any conveyance owned, leased, or contracted by a

16  school to transport students to or from school or a

17  school related activity, or in a public park). An

18  attempt to commit any of these offenses.

19  (ii) A violation of any of the following Sections

20  of the Criminal Code of 1961 or the Criminal Code of

21  2012, when the victim is a person under 18 years of

22  age: 11-1.20 (criminal sexual assault), 11-1.30

23  (aggravated criminal sexual assault), 11-1.50

24  (criminal sexual abuse), 11-1.60 (aggravated criminal

25  sexual abuse). An attempt to commit any of these

26  offenses.
    HB2690 Enrolled  - 60 - LRB104 07332 RLC 17372 b

1   (iii) A violation of any of the following Sections

2   of the Criminal Code of 1961 or the Criminal Code of

3   2012, when the victim is a person under 18 years of age

4   and the defendant is not a parent of the victim:

5   10-1 (kidnapping),

6   10-2 (aggravated kidnapping),

7   10-3 (unlawful restraint),

8   10-3.1 (aggravated unlawful restraint),

9   11-9.1(A) (permitting sexual abuse of a child).

10  An attempt to commit any of these offenses.

11  (iv) A violation of any former law of this State

12  substantially equivalent to any offense listed in

13  clause (2)(i) or (2)(ii) of subsection (d) of this

14  Section.

15  (2.5) For the purposes of subsections (b-5) and (b-10)

16  only, a sex offense means:

17  (i) A violation of any of the following Sections

18  of the Criminal Code of 1961 or the Criminal Code of

19  2012:

20         10-5(b)(10) (child luring), 10-7 (aiding or

21  abetting child abduction under Section 10-5(b)(10)),

22  11-1.40 (predatory criminal sexual assault of a

23  child), 11-6 (indecent solicitation of a child),

24  11-6.5 (indecent solicitation of an adult), 11-9.2

25  (custodial sexual misconduct), 11-9.5 (sexual

26  misconduct with a person with a disability), 11-11
    HB2690 Enrolled  - 61 - LRB104 07332 RLC 17372 b

1   (sexual relations within families), 11-14.3(a)(1)

2   (promoting prostitution by advancing prostitution),

3   11-14.3(a)(2)(A) (promoting prostitution by profiting

4   from prostitution by compelling a person to be a

5   prostitute), 11-14.3(a)(2)(C) (promoting prostitution

6   by profiting from prostitution by means other than as

7   described in subparagraphs (A) and (B) of paragraph

8   (2) of subsection (a) of Section 11-14.3), 11-14.4

9   (promoting       juvenile  prostitution),  11-18.1

10  (patronizing a juvenile prostitute), 11-20.1 (child

11  sexual abuse material or child pornography), 11-20.1B

12  (aggravated child pornography), 11-25 (grooming),

13  11-26 (traveling to meet a minor or traveling to meet a

14  child), or 12-33 (ritualized abuse of a child). An

15  attempt to commit any of these offenses.

16  (ii) A violation of any of the following Sections

17  of the Criminal Code of 1961 or the Criminal Code of

18  2012, when the victim is a person under 18 years of

19  age: 11-1.20 (criminal sexual assault), 11-1.30

20  (aggravated criminal sexual assault), 11-1.60

21  (aggravated criminal sexual abuse), and subsection (a)

22  of Section 11-1.50 (criminal sexual abuse). An attempt

23  to commit any of these offenses.

24  (iii) A violation of any of the following Sections

25  of the Criminal Code of 1961 or the Criminal Code of

26  2012, when the victim is a person under 18 years of age
    HB2690 Enrolled         - 62 - LRB104 07332 RLC 17372 b

1   and the defendant is not a parent of the victim:

2   10-1 (kidnapping),

3   10-2 (aggravated kidnapping),

4   10-3 (unlawful restraint),

5   10-3.1 (aggravated unlawful restraint),

6   11-9.1(A) (permitting sexual abuse of a child).

7   An attempt to commit any of these offenses.

8   (iv) A violation of any former law of this State

9   substantially equivalent to any offense listed in this

10  paragraph (2.5) of this subsection.

11  (3) A conviction for an offense of federal law or the

12  law of another state that is substantially equivalent to

13  any offense listed in paragraph (2) of subsection (d) of

14  this Section shall constitute a conviction for the purpose

15  of this Section. A finding or adjudication as a sexually

16  dangerous person under any federal law or law of another

17  state that is substantially equivalent to the Sexually

18  Dangerous Persons Act shall constitute an adjudication for

19  the purposes of this Section.

20  (4) "Authorized emergency vehicle", "rescue vehicle",

21  and "vehicle" have the meanings ascribed to them in

22  Sections 1-105, 1-171.8 and 1-217, respectively, of the

23  Illinois Vehicle Code.

24  (5) "Child care institution" has the meaning ascribed

25  to it in Section 2.06 of the Child Care Act of 1969.

26  (6) "Day care center" has the meaning ascribed to it
    HB2690 Enrolled       - 63 - LRB104 07332 RLC 17372 b

1   in Section 2.09 of the Child Care Act of 1969.

2   (7) "Day care home" has the meaning ascribed to it in

3   Section 2.18 of the Child Care Act of 1969.

4   (8) "Facility providing programs or services directed

5   towards persons under the age of 18" means any facility

6   providing programs or services exclusively directed

7   towards persons under the age of 18.

8   (9) "Group day care home" has the meaning ascribed to

9   it in Section 2.20 of the Child Care Act of 1969.

10  (10) "Internet" has the meaning set forth in Section

11  16-0.1 of this Code.

12  (11) "Loiter" means:

13         (i) Standing, sitting idly, whether or not the

14  person is in a vehicle, or remaining in or around

15  school or public park property.

16         (ii) Standing, sitting idly, whether or not the

17  person is in a vehicle, or remaining in or around

18  school or public park property, for the purpose of

19  committing or attempting to commit a sex offense.

20         (iii) Entering or remaining in a building in or

21  around school property, other than the offender's

22  residence.

23  (12) "Part day child care facility" has the meaning

24  ascribed to it in Section 2.10 of the Child Care Act of

25  1969.

26  (13) "Playground" means a piece of land owned or
    HB2690 Enrolled      - 64 - LRB104 07332 RLC 17372 b

1   controlled by a unit of local government that is

2   designated by the unit of local government for use solely

3   or primarily for children's recreation.

4   (14) "Public park" includes a park, forest preserve,

5   bikeway, trail, or conservation area under the

6   jurisdiction of the State or a unit of local government.

7   (15) "School" means a public or private preschool or

8   elementary or secondary school.

9   (16) "School official" means the principal, a teacher,

10  or any other certified employee of the school, the

11  superintendent of schools or a member of the school board.

12  (e) For the purposes of this Section, the 500 feet

13 distance shall be measured from: (1) the edge of the property

14 of the school building or the real property comprising the

15 school that is closest to the edge of the property of the child

16 sex offender's residence or where he or she is loitering, and

17 (2) the edge of the property comprising the public park

18 building or the real property comprising the public park,

19 playground, child care institution, day care center, part day

20 child care facility, or facility providing programs or

21 services exclusively directed toward persons under 18 years of

22 age, or a victim of the sex offense who is under 21 years of

23 age, to the edge of the child sex offender's place of residence

24 or place where he or she is loitering.

25  (f) Sentence. A person who violates this Section is guilty

26 of a Class 4 felony.
    HB2690 Enrolled  - 65 - LRB104 07332 RLC 17372 b

1 (Source: P.A. 102-997, eff. 1-1-23.)

2   (720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)

3   Sec. 11-20.1. Child sexual abuse material pornography.

4   (a) Recognizing the enormous negative societal impact that

5 sexually explicit visual depictions of children engaged in

6 sexual abuse activities have on the children who are abused,

7 and the overarching broader impact these materials and imagery

8 have at various levels to the public, especially when this

9 material is disseminated, we are changing all references in

10 Illinois statutes from "child pornography" to "child sexual

11 abuse material". It is important that the statutes of the

12 State of Illinois reflect the content and realities of these

13 materials as the sexual abuse and exploitation of children.

14 The word "pornography" implied legality involving "consent" of

15 which this imagery is not, as children can never "consent" to

16 sexual abuse and sexual exploitation. This name change is not

17 a change in meaning, definitions, statutes or application of

18 the laws of this State and all previous references to "child

19 pornography" are now encapsulated in "child sexual abuse

20 materials".

21  A person commits child sexual abuse material pornography

22 who:

23       (1) films, videotapes, photographs, or otherwise

24  depicts or portrays by means of any similar visual medium

25  or reproduction or depicts by computer any child whom he
    HB2690 Enrolled       - 66 - LRB104 07332 RLC 17372 b

1   or she knows or reasonably should know to be under the age

2   of 18 or any person with a severe or profound intellectual

3   disability where such child or person with a severe or

4   profound intellectual disability is:

5   (i) actually or by simulation engaged in any act

6   of sexual penetration or sexual conduct with any

7   person or animal; or

8   (ii) actually or by simulation engaged in any act

9   of sexual penetration or sexual conduct involving the

10  sex organs of the child or person with a severe or

11  profound intellectual disability and the mouth, anus,

12  or sex organs of another person or animal; or which

13  involves the mouth, anus or sex organs of the child or

14  person with a severe or profound intellectual

15  disability and the sex organs of another person or

16  animal; or

17  (iii) actually or by simulation engaged in any act

18  of masturbation; or

19  (iv) actually or by simulation portrayed as being

20  the object of, or otherwise engaged in, any act of lewd

21  fondling, touching, or caressing involving another

22  person or animal; or

23  (v) actually or by simulation engaged in any act

24  of excretion or urination within a sexual context; or

25  (vi) actually or by simulation portrayed or

26  depicted as bound, fettered, or subject to sadistic,
    HB2690 Enrolled  - 67 - LRB104 07332 RLC 17372 b

1   masochistic, or sadomasochistic abuse in any sexual

2   context; or

3   (vii) depicted or portrayed in any pose, posture

4   or setting involving a lewd exhibition of the

5   unclothed or transparently clothed genitals, pubic

6   area, buttocks, or, if such person is female, a fully

7   or partially developed breast of the child or other

8   person; or

9   (2) with the knowledge of the nature or content

10  thereof, reproduces, disseminates, offers to disseminate,

11  exhibits or possesses with intent to disseminate any film,

12  videotape, photograph or other similar visual reproduction

13  or depiction by computer of any child or person with a

14  severe or profound intellectual disability whom the person

15  knows or reasonably should know to be under the age of 18

16  or to be a person with a severe or profound intellectual

17  disability, engaged in any activity described in

18  subparagraphs (i) through (vii) of paragraph (1) of this

19  subsection; or

20  (3) with knowledge of the subject matter or theme

21  thereof, produces any stage play, live performance, film,

22  videotape or other similar visual portrayal or depiction

23  by computer which includes a child whom the person knows

24  or reasonably should know to be under the age of 18 or a

25  person with a severe or profound intellectual disability

26  engaged in any activity described in subparagraphs (i)
    HB2690 Enrolled      - 68 - LRB104 07332 RLC 17372 b

1   through (vii) of paragraph (1) of this subsection; or

2   (4) solicits, uses, persuades, induces, entices, or

3   coerces any child whom he or she knows or reasonably

4   should know to be under the age of 18 or a person with a

5   severe or profound intellectual disability to appear in

6   any stage play, live presentation, film, videotape,

7   photograph or other similar visual reproduction or

8   depiction by computer in which the child or person with a

9   severe or profound intellectual disability is or will be

10  depicted, actually or by simulation, in any act, pose or

11  setting described in subparagraphs (i) through (vii) of

12  paragraph (1) of this subsection; or

13  (5) is a parent, step-parent, legal guardian or other

14  person having care or custody of a child whom the person

15  knows or reasonably should know to be under the age of 18

16  or a person with a severe or profound intellectual

17  disability and who knowingly permits, induces, promotes,

18  or arranges for such child or person with a severe or

19  profound intellectual disability to appear in any stage

20  play, live performance, film, videotape, photograph or

21  other similar visual presentation, portrayal or simulation

22  or depiction by computer of any act or activity described

23  in subparagraphs (i) through (vii) of paragraph (1) of

24  this subsection; or

25  (6) with knowledge of the nature or content thereof,

26  possesses any film, videotape, photograph or other similar
    HB2690 Enrolled  - 69 - LRB104 07332 RLC 17372 b

1   visual reproduction or depiction by computer of any child

2   or person with a severe or profound intellectual

3   disability whom the person knows or reasonably should know

4   to be under the age of 18 or to be a person with a severe

5   or profound intellectual disability, engaged in any

6   activity described in subparagraphs (i) through (vii) of

7   paragraph (1) of this subsection; or

8   (7) solicits, or knowingly uses, persuades, induces,

9   entices, or coerces, a person to provide a child under the

10  age of 18 or a person with a severe or profound

11  intellectual disability to appear in any videotape,

12  photograph, film, stage play, live presentation, or other

13  similar visual reproduction or depiction by computer in

14  which the child or person with a severe or profound

15  intellectual disability will be depicted, actually or by

16  simulation, in any act, pose, or setting described in

17  subparagraphs (i) through (vii) of paragraph (1) of this

18  subsection.

19  (a-5) The possession of each individual film, videotape,

20 photograph, or other similar visual reproduction or depiction

21 by computer in violation of this Section constitutes a single

22 and separate violation. This subsection (a-5) does not apply

23 to multiple copies of the same film, videotape, photograph, or

24 other similar visual reproduction or depiction by computer

25 that are identical to each other.

26  (b)(1) It shall be an affirmative defense to a charge of
    HB2690 Enrolled  - 70 - LRB104 07332 RLC 17372 b

1 child sexual abuse material pornography that the defendant

2 reasonably believed, under all of the circumstances, that the

3 child was 18 years of age or older or that the person was not a

4 person with a severe or profound intellectual disability but

5 only where, prior to the act or acts giving rise to a

6 prosecution under this Section, he or she took some

7 affirmative action or made a bonafide inquiry designed to

8 ascertain whether the child was 18 years of age or older or

9 that the person was not a person with a severe or profound

10 intellectual disability and his or her reliance upon the

11 information so obtained was clearly reasonable.

12  (1.5) Telecommunications carriers, commercial mobile

13 service providers, and providers of information services,

14 including, but not limited to, Internet service providers and

15 hosting service providers, are not liable under this Section

16 by virtue of the transmission, storage, or caching of

17 electronic communications or messages of others or by virtue

18 of the provision of other related telecommunications,

19 commercial mobile services, or information services used by

20 others in violation of this Section.

21  (2) (Blank).

22  (3) The charge of child sexual abuse material pornography

23 shall not apply to the performance of official duties by law

24 enforcement or prosecuting officers or persons employed by law

25 enforcement or prosecuting agencies, court personnel or

26 attorneys, nor to bonafide treatment or professional education
    HB2690 Enrolled    - 71 - LRB104 07332 RLC 17372 b

1 programs conducted by licensed physicians, psychologists or

2 social workers. In any criminal proceeding, any property or

3 material that constitutes child sexual abuse material

4 pornography shall remain in the care, custody, and control of

5 either the State or the court. A motion to view the evidence

6 shall comply with subsection (e-5) of this Section.

7   (4) If the defendant possessed more than one of the same

8 film, videotape or visual reproduction or depiction by

9 computer in which child sexual abuse material pornography is

10 depicted, then the trier of fact may infer that the defendant

11 possessed such materials with the intent to disseminate them.

12  (5) The charge of child sexual abuse material pornography

13 does not apply to a person who does not voluntarily possess a

14 film, videotape, or visual reproduction or depiction by

15 computer in which child sexual abuse material pornography is

16 depicted. Possession is voluntary if the defendant knowingly

17 procures or receives a film, videotape, or visual reproduction

18 or depiction for a sufficient time to be able to terminate his

19 or her possession.

20  (6) Any violation of paragraph (1), (2), (3), (4), (5), or

21 (7) of subsection (a) that includes a child engaged in,

22 solicited for, depicted in, or posed in any act of sexual

23 penetration or bound, fettered, or subject to sadistic,

24 masochistic, or sadomasochistic abuse in a sexual context

25 shall be deemed a crime of violence.

26  (c) If the violation does not involve a film, videotape,
HB2690 Enrolled  - 72 - LRB104 07332 RLC 17372 b

 1 or other moving depiction, a violation of paragraph (1), (4),
 2 (5), or (7) of subsection (a) is a Class 1 felony with a
 3 mandatory minimum fine of $2,000 and a maximum fine of
 4 $100,000. If the violation involves a film, videotape, or
 5 other moving depiction, a violation of paragraph (1), (4),
 6 (5), or (7) of subsection (a) is a Class X felony with a
 7 mandatory minimum fine of $2,000 and a maximum fine of
 8 $100,000. If the violation does not involve a film, videotape,
 9 or other moving depiction, a violation of paragraph (3) of
10 subsection (a) is a Class 1 felony with a mandatory minimum
11 fine of $1500 and a maximum fine of $100,000. If the violation
12 involves a film, videotape, or other moving depiction, a
13 violation of paragraph (3) of subsection (a) is a Class X
14 felony with a mandatory minimum fine of $1500 and a maximum
15 fine of $100,000. If the violation does not involve a film,
16 videotape, or other moving depiction, a violation of paragraph
17 (2) of subsection (a) is a Class 1 felony with a mandatory
18 minimum fine of $1000 and a maximum fine of $100,000. If the
19 violation involves a film, videotape, or other moving
20 depiction, a violation of paragraph (2) of subsection (a) is a
21 Class X felony with a mandatory minimum fine of $1000 and a
22 maximum fine of $100,000. If the violation does not involve a
23 film, videotape, or other moving depiction, a violation of
24 paragraph (6) of subsection (a) is a Class 3 felony with a
25 mandatory minimum fine of $1000 and a maximum fine of
26 $100,000. If the violation involves a film, videotape, or
   HB2690 Enrolled  - 73 - LRB104 07332 RLC 17372 b

1 other moving depiction, a violation of paragraph (6) of

2 subsection (a) is a Class 2 felony with a mandatory minimum

3 fine of $1000 and a maximum fine of $100,000.

4  (c-5) Where the child depicted is under the age of 13, a

5 violation of paragraph (1), (2), (3), (4), (5), or (7) of

6 subsection (a) is a Class X felony with a mandatory minimum

7 fine of $2,000 and a maximum fine of $100,000. Where the child

8 depicted is under the age of 13, a violation of paragraph (6)

9 of subsection (a) is a Class 2 felony with a mandatory minimum

10 fine of $1,000 and a maximum fine of $100,000. Where the child

11 depicted is under the age of 13, a person who commits a

12 violation of paragraph (1), (2), (3), (4), (5), or (7) of

13 subsection (a) where the defendant has previously been

14 convicted under the laws of this State or any other state of

15 the offense of child sexual abuse material or child

16 pornography, aggravated child pornography, aggravated criminal

17 sexual abuse, aggravated criminal sexual assault, predatory

18 criminal sexual assault of a child, or any of the offenses

19 formerly known as rape, deviate sexual assault, indecent

20 liberties with a child, or aggravated indecent liberties with

21 a child where the victim was under the age of 18 years or an

22 offense that is substantially equivalent to those offenses, is

23 guilty of a Class X felony for which the person shall be

24 sentenced to a term of imprisonment of not less than 9 years

25 with a mandatory minimum fine of $2,000 and a maximum fine of

26 $100,000. Where the child depicted is under the age of 13, a
    HB2690 Enrolled  - 74 - LRB104 07332 RLC 17372 b

1 person who commits a violation of paragraph (6) of subsection

2 (a) where the defendant has previously been convicted under

3 the laws of this State or any other state of the offense of

4 child sexual abuse material or child pornography, aggravated

5 child pornography, aggravated criminal sexual abuse,

6 aggravated criminal sexual assault, predatory criminal sexual

7 assault of a child, or any of the offenses formerly known as

8 rape, deviate sexual assault, indecent liberties with a child,

9 or aggravated indecent liberties with a child where the victim

10 was under the age of 18 years or an offense that is

11 substantially equivalent to those offenses, is guilty of a

12 Class 1 felony with a mandatory minimum fine of $1,000 and a

13 maximum fine of $100,000. The issue of whether the child

14 depicted is under the age of 13 is an element of the offense to

15 be resolved by the trier of fact.

16  (d) If a person is convicted of a second or subsequent

17 violation of this Section within 10 years of a prior

18 conviction, the court shall order a presentence psychiatric

19 examination of the person. The examiner shall report to the

20 court whether treatment of the person is necessary.

21  (e) Any film, videotape, photograph or other similar

22 visual reproduction or depiction by computer which includes a

23 child under the age of 18 or a person with a severe or profound

24 intellectual disability engaged in any activity described in

25 subparagraphs (i) through (vii) of or paragraph (1) 1 of

26 subsection (a), and any material or equipment used or intended
    HB2690 Enrolled  - 75 - LRB104 07332 RLC 17372 b

1 for use in photographing, filming, printing, producing,

2 reproducing, manufacturing, projecting, exhibiting, depiction

3 by computer, or disseminating such material shall be seized

4 and forfeited in the manner, method and procedure provided by

5 Section 36-1 of this Code for the seizure and forfeiture of

6 vessels, vehicles and aircraft.

7   In addition, any person convicted under this Section is

8 subject to the property forfeiture provisions set forth in

9 Article 124B of the Code of Criminal Procedure of 1963.

10  (e-5) Upon the conclusion of a case brought under this

11 Section, the court shall seal all evidence depicting a victim

12 or witness that is sexually explicit. The evidence may be

13 unsealed and viewed, on a motion of the party seeking to unseal

14 and view the evidence, only for good cause shown and in the

15 discretion of the court. The motion must expressly set forth

16 the purpose for viewing the material. The State's Attorney

17 attorney and the victim, if possible, shall be provided

18 reasonable notice of the hearing on the motion to unseal the

19 evidence. Any person entitled to notice of a hearing under

20 this subsection (e-5) may object to the motion.

21  (f) Definitions. For the purposes of this Section:

22  (1) "Disseminate" means (i) to sell, distribute,

23  exchange or transfer possession, whether with or without

24  consideration or (ii) to make a depiction by computer

25  available for distribution or downloading through the

26  facilities of any telecommunications network or through
    HB2690 Enrolled  - 76 - LRB104 07332 RLC 17372 b

1   any other means of transferring computer programs or data

2   to a computer.

3   (2) "Produce" means to direct, promote, advertise,

4   publish, manufacture, issue, present or show.

5   (3) "Reproduce" means to make a duplication or copy.

6   (4) "Depict by computer" means to generate or create,

7   or cause to be created or generated, a computer program or

8   data that, after being processed by a computer either

9   alone or in conjunction with one or more computer

10  programs, results in a visual depiction on a computer

11  monitor, screen, or display.

12  (5) "Depiction by computer" means a computer program

13  or data that, after being processed by a computer either

14  alone or in conjunction with one or more computer

15  programs, results in a visual depiction on a computer

16  monitor, screen, or display.

17  (6) "Computer", "computer program", and "data" have

18  the meanings ascribed to them in Section 17.05 of this

19  Code.

20  (7) For the purposes of this Section, "child sexual

21  abuse material pornography" includes a film, videotape,

22  photograph, or other similar visual medium or reproduction

23  or depiction by computer that is, or appears to be, that of

24  a person, either in part, or in total, under the age of 18

25  or a person with a severe or profound intellectual

26  disability, regardless of the method by which the film,
    HB2690 Enrolled    - 77 - LRB104 07332 RLC 17372 b

1   videotape, photograph, or other similar visual medium or

2   reproduction or depiction by computer is created, adopted,

3   or modified to appear as such. "Child sexual abuse

4   material pornography" also includes a film, videotape,

5   photograph, or other similar visual medium or reproduction

6   or depiction by computer that is advertised, promoted,

7   presented, described, or distributed in such a manner that

8   conveys the impression that the film, videotape,

9   photograph, or other similar visual medium or reproduction

10  or depiction by computer is of a person under the age of 18

11  or a person with a severe or profound intellectual

12  disability. "Child sexual abuse material pornography"

13  includes the depiction of a part of an actual child under

14  the age of 18 who, by manipulation, creation, or

15  modification, appears to be engaged in any activity

16  described in subparagraphs (i) through (vii) of paragraph

17  (1) of subsection (a). "Child sexual abuse material

18  pornography" does not include images or materials in which

19  the creator of the image or materials is the sole subject

20  of the depiction.

21  (g) Re-enactment; findings; purposes.

22  (1) The General Assembly finds and declares that:

23  (i) Section 50-5 of Public Act 88-680, effective

24  January 1, 1995, contained provisions amending the

25  child sexual abuse material pornography statute,

26  Section 11-20.1 of the Criminal Code of 1961. Section
    HB2690 Enrolled  - 78 - LRB104 07332 RLC 17372 b

1   50-5 also contained other provisions.

2   (ii) In addition, Public Act 88-680 was entitled

3   "AN ACT to create a Safe Neighborhoods Law". (A)

4   Article 5 was entitled JUVENILE JUSTICE and amended

5   the Juvenile Court Act of 1987. (B) Article 15 was

6   entitled GANGS and amended various provisions of the

7   Criminal Code of 1961 and the Unified Code of

8   Corrections. (C) Article 20 was entitled ALCOHOL ABUSE

9   and amended various provisions of the Illinois Vehicle

10  Code. (D) Article 25 was entitled DRUG ABUSE and

11  amended the Cannabis Control Act and the Illinois

12  Controlled Substances Act. (E) Article 30 was entitled

13  FIREARMS and amended the Criminal Code of 1961 and the

14  Code of Criminal Procedure of 1963. (F) Article 35

15  amended the Criminal Code of 1961, the Rights of Crime

16  Victims and Witnesses Act, and the Unified Code of

17  Corrections. (G) Article 40 amended the Criminal Code

18  of 1961 to increase the penalty for compelling

19  organization membership of persons. (H) Article 45

20  created the Secure Residential Youth Care Facility

21  Licensing Act and amended the State Finance Act, the

22  Juvenile Court Act of 1987, the Unified Code of

23  Corrections, and the Private Correctional Facility

24  Moratorium Act. (I) Article 50 amended the WIC Vendor

25  Management Act, the Firearm Owners Identification Card

26  Act, the Juvenile Court Act of 1987, the Criminal Code
    HB2690 Enrolled        - 79 - LRB104 07332 RLC 17372 b

1   of 1961, the Wrongs to Children Act, and the Unified

2   Code of Corrections.

3   (iii) On September 22, 1998, the Third District

4   Appellate Court in People v. Dainty, 701 N.E. 2d 118,

5   ruled that Public Act 88-680 violates the single

6   subject clause of the Illinois Constitution (Article

7   IV, Section 8 (d)) and was unconstitutional in its

8   entirety. As of the time this amendatory Act of 1999

9   was prepared, People v. Dainty was still subject to

10  appeal.

11  (iv) Child sexual abuse material pornography is a

12  vital concern to the people of this State and the

13  validity of future prosecutions under the child sexual

14  abuse material pornography statute of the Criminal

15  Code of 1961 is in grave doubt.

16  (2) It is the purpose of this amendatory Act of 1999 to

17  prevent or minimize any problems relating to prosecutions

18  for child sexual abuse material pornography that may

19  result from challenges to the constitutional validity of

20  Public Act 88-680 by re-enacting the Section relating to

21  child sexual abuse material pornography that was included

22  in Public Act 88-680.

23  (3) This amendatory Act of 1999 re-enacts Section

24  11-20.1 of the Criminal Code of 1961, as it has been

25  amended. This re-enactment is intended to remove any

26  question as to the validity or content of that Section; it
    HB2690 Enrolled        - 80 - LRB104 07332 RLC 17372 b

1   is not intended to supersede any other Public Act that

2   amends the text of the Section as set forth in this

3   amendatory Act of 1999. The material is shown as existing

4   text (i.e., without underscoring) because, as of the time

5   this amendatory Act of 1999 was prepared, People v. Dainty

6   was subject to appeal to the Illinois Supreme Court.

7   (4) The re-enactment by this amendatory Act of 1999 of

8   Section 11-20.1 of the Criminal Code of 1961 relating to

9   child sexual abuse material pornography that was amended

10  by Public Act 88-680 is not intended, and shall not be

11  construed, to imply that Public Act 88-680 is invalid or

12  to limit or impair any legal argument concerning whether

13  those provisions were substantially re-enacted by other

14  Public Acts.

15 (Source: P.A. 102-567, eff. 1-1-22; 103-825, eff. 1-1-25.)

16  (720 ILCS 5/11-20.2) (from Ch. 38, par. 11-20.2)

17  Sec. 11-20.2. Duty of commercial film and photographic

18 print processors or computer technicians to report sexual

19 depiction of children.

20  (a) Any commercial film and photographic print processor

21 or computer technician who has knowledge of or observes,

22 within the scope of his professional capacity or employment,

23 any film, photograph, videotape, negative, slide, computer

24 hard drive or any other magnetic or optical media which

25 depicts a child whom the processor or computer technician
    HB2690 Enrolled   - 81 - LRB104 07332 RLC 17372 b

1 knows or reasonably should know to be under the age of 18 where

2 such child is:

3   (i) actually or by simulation engaged in any act of

4   sexual penetration or sexual conduct with any person or

5   animal; or

6   (ii) actually or by simulation engaged in any act of

7   sexual penetration or sexual conduct involving the sex

8   organs of the child and the mouth, anus, or sex organs of

9   another person or animal; or which involves the mouth,

10  anus or sex organs of the child and the sex organs of

11  another person or animal; or

12  (iii) actually or by simulation engaged in any act of

13  masturbation; or

14  (iv) actually or by simulation portrayed as being the

15  object of, or otherwise engaged in, any act of lewd

16  fondling, touching, or caressing involving another person

17  or animal; or

18  (v) actually or by simulation engaged in any act of

19  excretion or urination within a sexual context; or

20  (vi) actually or by simulation portrayed or depicted

21  as bound, fettered, or subject to sadistic, masochistic,

22  or sadomasochistic abuse in any sexual context; or

23  (vii) depicted or portrayed in any pose, posture or

24  setting involving a lewd exhibition of the unclothed or

25  transparently clothed genitals, pubic area, buttocks, or,

26  if such person is female, a fully or partially developed
    HB2690 Enrolled   - 82 - LRB104 07332 RLC 17372 b

1   breast of the child or other person;

2 shall report or cause a report to be made pursuant to

3 subsections (b) and (c) as soon as reasonably possible.

4 Failure to make such report shall be a business offense with a

5 fine of $1,000.

6   (b) Commercial film and photographic film processors shall

7 report or cause a report to be made to the local law

8 enforcement agency of the jurisdiction in which the image or

9 images described in subsection (a) are discovered.

10  (c) Computer technicians shall report or cause the report

11 to be made to the local law enforcement agency of the

12 jurisdiction in which the image or images described in

13 subsection (a) are discovered or to the Illinois Child

14 Exploitation e-Tipline at reportchildporn@atg.state.il.us.

15  (d) Reports required by this Act shall include the

16 following information: (i) name, address, and telephone number

17 of the person filing the report; (ii) the employer of the

18 person filing the report, if any; (iii) the name, address and

19 telephone number of the person whose property is the subject

20 of the report, if known; (iv) the circumstances which led to

21 the filing of the report, including a description of the

22 reported content.

23  (e) If a report is filed with the Cyber Tipline at the

24 National Center for Missing and Exploited Children or in

25 accordance with the requirements of 42 U.S.C. 13032, the

26 requirements of this Act will be deemed to have been met.
    HB2690 Enrolled       - 83 - LRB104 07332 RLC 17372 b

1   (f) A computer technician or an employer caused to report

2 child sexual abuse material pornography under this Section is

3 immune from any criminal, civil, or administrative liability

4 in connection with making the report, except for willful or

5 wanton misconduct.

6   (g) For the purposes of this Section, a "computer

7 technician" is a person who installs, maintains,

8 troubleshoots, repairs or upgrades computer hardware,

9 software, computer networks, peripheral equipment, electronic

10 mail systems, or provides user assistance for any of the

11 aforementioned tasks.

12 (Source: P.A. 95-983, eff. 6-1-09; 96-1551, eff. 7-1-11.)

13  (720 ILCS 5/11-23)

14  Sec. 11-23. Posting of identifying or graphic information

15 on a pornographic Internet site or possessing graphic

16 information with pornographic material.

17  (a) A person at least 17 years of age who knowingly

18 discloses on an adult obscenity or child sexual abuse material

19 pornography Internet site the name, address, telephone number,

20 or e-mail address of a person under 17 years of age at the time

21 of the commission of the offense or of a person at least 17

22 years of age without the consent of the person at least 17

23 years of age is guilty of posting of identifying information

24 on a pornographic Internet site.

25  (a-5) Any person who knowingly places, posts, reproduces,
    HB2690 Enrolled  - 84 - LRB104 07332 RLC 17372 b

1 or maintains on an adult obscenity or child sexual abuse

2 material pornography Internet site a photograph, video, or

3 digital image of a person under 18 years of age that is not

4 child sexual abuse material pornography under Section 11-20.1,

5 without the knowledge and consent of the person under 18 years

6 of age, is guilty of posting of graphic information on a

7 pornographic Internet site. This provision applies even if the

8 person under 18 years of age is fully or properly clothed in

9 the photograph, video, or digital image.

10  (a-10) Any person who knowingly places, posts, reproduces,

11 or maintains on an adult obscenity or child sexual abuse

12 material pornography Internet site, or possesses with obscene

13 or child pornographic material a photograph, video, or digital

14 image of a person under 18 years of age in which the child is

15 posed in a suggestive manner with the focus or concentration

16 of the image on the child's clothed genitals, clothed pubic

17 area, clothed buttocks area, or if the child is female, the

18 breast exposed through transparent clothing, and the

19 photograph, video, or digital image is not child sexual abuse

20 material pornography under Section 11-20.1, is guilty of

21 posting of graphic information on a pornographic Internet site

22 or possessing graphic information with pornographic material.

23  (b) Sentence. A person who violates subsection (a) of this

24 Section is guilty of a Class 4 felony if the victim is at least

25 17 years of age at the time of the offense and a Class 3 felony

26 if the victim is under 17 years of age at the time of the
    HB2690 Enrolled        - 85 - LRB104 07332 RLC 17372 b

1 offense. A person who violates subsection (a-5) of this

2 Section is guilty of a Class 4 felony. A person who violates

3 subsection (a-10) of this Section is guilty of a Class 3

4 felony.

5   (c) Definitions. For purposes of this Section:

6          (1) "Adult obscenity or child sexual abuse material

7   pornography Internet site" means a site on the Internet

8   that contains material that is obscene as defined in

9   Section 11-20 of this Code or that is child sexual abuse

10  material pornography as defined in Section 11-20.1 of this

11  Code.

12         (2) "Internet" has the meaning set forth in Section

13  16-0.1 of this Code.

14 (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

15  (720 ILCS 5/11-25)

16  Sec. 11-25. Grooming.

17  (a) A person commits grooming when, being 5 years or more

18 older than a child, or holding a position of trust, authority,

19 or supervision in relation to the child at the time of the

20 offense, he or she knowingly:

21         (1) uses a computer on-line service, Internet service,

22  local bulletin board service, or any other device capable

23  of electronic data storage or transmission, performs an

24  act in person or by conduct through a third party, or uses

25  written communication to seduce, solicit, lure, or entice,
    HB2690 Enrolled       - 86 - LRB104 07332 RLC 17372 b

1   or attempt to seduce, solicit, lure, or entice, a child, a

2   child's guardian, or another person believed by the person

3   to be a child or a child's guardian, to commit any sex

4   offense as defined in Section 2 of the Sex Offender

5   Registration Act, to distribute photographs depicting the

6   sex organs of the child, or to otherwise engage in any

7   unlawful sexual conduct with a child or with another

8   person believed by the person to be a child; or.

9         (2) engages in a pattern of conduct that seduces,

10  solicits, lures, or entices, or attempts to seduce,

11  solicit, lure, or entice, a child to engage or participate

12  in unlawful sexual conduct that is for the purpose of

13  sexual gratification or arousal of the victim, the

14  accused, or another.

15  (a-5) As used in this Section:,

16  "Child" "child" means a person under 17 years of age.

17  "Pattern" means 2 or more instances of conduct.

18  "Sex offense" means any violation of Article 11 of this

19 Code.

20  "Sexual conduct" means masturbation, sexual conduct, or

21 sexual penetration as defined in Section 11-0.1 of this Code.

22  (a-6) Illinois has a compelling interest in effective

23 education and "grooming" does not include conduct that serves

24 a legitimate educational purpose pursuant to Section 27-9.1a

25 of the School Code.

26  (b) Sentence. Grooming is a Class 4 felony.
    HB2690 Enrolled          - 87 - LRB104 07332 RLC 17372 b

1 (Source: P.A. 102-676, eff. 6-1-22.)

2   (720 ILCS 5/14-3)

3   Sec. 14-3. Exemptions. The following activities shall be

4 exempt from the provisions of this Article:

5   (a) Listening to radio, wireless electronic

6   communications, and television communications of any sort

7   where the same are publicly made;

8   (b) Hearing conversation when heard by employees of

9   any common carrier by wire incidental to the normal course

10  of their employment in the operation, maintenance or

11  repair of the equipment of such common carrier by wire so

12  long as no information obtained thereby is used or

13  divulged by the hearer;

14  (c) Any broadcast by radio, television or otherwise

15  whether it be a broadcast or recorded for the purpose of

16  later broadcasts of any function where the public is in

17  attendance and the conversations are overheard incidental

18  to the main purpose for which such broadcasts are then

19  being made;

20  (d) Recording or listening with the aid of any device

21  to any emergency communication made in the normal course

22  of operations by any federal, state or local law

23  enforcement agency or institutions dealing in emergency

24  services, including, but not limited to, hospitals,

25  clinics, ambulance services, fire fighting agencies, any
    HB2690 Enrolled  - 88 - LRB104 07332 RLC 17372 b

1   public utility, emergency repair facility, civilian

2   defense establishment or military installation;

3   (e) Recording the proceedings of any meeting required

4   to be open by the Open Meetings Act, as amended;

5   (f) Recording or listening with the aid of any device

6   to incoming telephone calls of phone lines publicly listed

7   or advertised as consumer "hotlines" by manufacturers or

8   retailers of food and drug products. Such recordings must

9   be destroyed, erased or turned over to local law

10  enforcement authorities within 24 hours from the time of

11  such recording and shall not be otherwise disseminated.

12  Failure on the part of the individual or business

13  operating any such recording or listening device to comply

14  with the requirements of this subsection shall eliminate

15  any civil or criminal immunity conferred upon that

16  individual or business by the operation of this Section;

17  (g) With prior notification to the State's Attorney of

18  the county in which it is to occur, recording or listening

19  with the aid of any device to any conversation where a law

20  enforcement officer, or any person acting at the direction

21  of law enforcement, is a party to the conversation and has

22  consented to it being intercepted or recorded under

23  circumstances where the use of the device is necessary for

24  the protection of the law enforcement officer or any

25  person acting at the direction of law enforcement, in the

26  course of an investigation of a forcible felony, a felony
    HB2690 Enrolled  - 89 - LRB104 07332 RLC 17372 b

1   offense of involuntary servitude, involuntary sexual

2   servitude of a minor, or trafficking in persons under

3   Section 10-9 of this Code, an offense involving

4   prostitution, solicitation of a sexual act, or pandering,

5   a felony violation of the Illinois Controlled Substances

6   Act, a felony violation of the Cannabis Control Act, a

7   felony violation of the Methamphetamine Control and

8   Community Protection Act, any "streetgang related" or

9   "gang-related" felony as those terms are defined in the

10  Illinois Streetgang Terrorism Omnibus Prevention Act, or

11  any felony offense involving any weapon listed in

12  paragraphs (1) through (11) of subsection (a) of Section

13  24-1 of this Code. Any recording or evidence derived as

14  the result of this exemption shall be inadmissible in any

15  proceeding, criminal, civil or administrative, except (i)

16  where a party to the conversation suffers great bodily

17  injury or is killed during such conversation, or (ii) when

18  used as direct impeachment of a witness concerning matters

19  contained in the interception or recording. The Director

20  of the Illinois State Police shall issue regulations as

21  are necessary concerning the use of devices, retention of

22  tape recordings, and reports regarding their use;

23  (g-5) (Blank);

24  (g-6) With approval of the State's Attorney of the

25  county in which it is to occur, recording or listening

26  with the aid of any device to any conversation where a law
    HB2690 Enrolled  - 90 - LRB104 07332 RLC 17372 b

1   enforcement officer, or any person acting at the direction

2   of law enforcement, is a party to the conversation and has

3   consented to it being intercepted or recorded in the

4   course of an investigation of child sexual abuse material

5   pornography, aggravated child pornography, indecent

6   solicitation of a child, luring of a minor, sexual

7   exploitation of a child, aggravated criminal sexual abuse

8   in which the victim of the offense was at the time of the

9   commission of the offense under 18 years of age, or

10  criminal sexual abuse by force or threat of force in which

11  the victim of the offense was at the time of the commission

12  of the offense under 18 years of age. In all such cases, an

13  application for an order approving the previous or

14  continuing use of an eavesdropping device must be made

15  within 48 hours of the commencement of such use. In the

16  absence of such an order, or upon its denial, any

17  continuing use shall immediately terminate. The Director

18  of the Illinois State Police shall issue rules as are

19  necessary concerning the use of devices, retention of

20  recordings, and reports regarding their use. Any recording

21  or evidence obtained or derived in the course of an

22  investigation of child sexual abuse material pornography,

23  aggravated child pornography, indecent solicitation of a

24  child, luring of a minor, sexual exploitation of a child,

25  aggravated criminal sexual abuse in which the victim of

26  the offense was at the time of the commission of the
    HB2690 Enrolled  - 91 - LRB104 07332 RLC 17372 b

1   offense under 18 years of age, or criminal sexual abuse by

2   force or threat of force in which the victim of the offense

3   was at the time of the commission of the offense under 18

4   years of age shall, upon motion of the State's Attorney or

5   Attorney General prosecuting any case involving child

6   sexual abuse material pornography, aggravated child

7   pornography, indecent solicitation of a child, luring of a

8   minor, sexual exploitation of a child, aggravated criminal

9   sexual abuse in which the victim of the offense was at the

10  time of the commission of the offense under 18 years of

11  age, or criminal sexual abuse by force or threat of force

12  in which the victim of the offense was at the time of the

13  commission of the offense under 18 years of age be

14  reviewed in camera with notice to all parties present by

15  the court presiding over the criminal case, and, if ruled

16  by the court to be relevant and otherwise admissible, it

17  shall be admissible at the trial of the criminal case.

18  Absent such a ruling, any such recording or evidence shall

19  not be admissible at the trial of the criminal case;

20  (h) Recordings made simultaneously with the use of an

21  in-car video camera recording of an oral conversation

22  between a uniformed peace officer, who has identified his

23  or her office, and a person in the presence of the peace

24  officer whenever (i) an officer assigned a patrol vehicle

25  is conducting an enforcement stop; or (ii) patrol vehicle

26  emergency lights are activated or would otherwise be
    HB2690 Enrolled        - 92 - LRB104 07332 RLC 17372 b

1   activated if not for the need to conceal the presence of

2   law enforcement.

3   For the purposes of this subsection (h), "enforcement

4   stop" means an action by a law enforcement officer in

5   relation to enforcement and investigation duties,

6   including but not limited to, traffic stops, pedestrian

7   stops, abandoned vehicle contacts, motorist assists,

8   commercial motor vehicle stops, roadside safety checks,

9   requests for identification, or responses to requests for

10  emergency assistance;

11  (h-5) Recordings of utterances made by a person while

12  in the presence of a uniformed peace officer and while an

13  occupant of a police vehicle including, but not limited

14  to, (i) recordings made simultaneously with the use of an

15  in-car video camera and (ii) recordings made in the

16  presence of the peace officer utilizing video or audio

17  systems, or both, authorized by the law enforcement

18  agency;

19  (h-10) Recordings made simultaneously with a video

20  camera recording during the use of a taser or similar

21  weapon or device by a peace officer if the weapon or device

22  is equipped with such camera;

23  (h-15) Recordings made under subsection (h), (h-5), or

24  (h-10) shall be retained by the law enforcement agency

25  that employs the peace officer who made the recordings for

26  a storage period of 90 days, unless the recordings are
    HB2690 Enrolled   - 93 - LRB104 07332 RLC 17372 b

1   made as a part of an arrest or the recordings are deemed

2   evidence in any criminal, civil, or administrative

3   proceeding and then the recordings must only be destroyed

4   upon a final disposition and an order from the court.

5   Under no circumstances shall any recording be altered or

6   erased prior to the expiration of the designated storage

7   period. Upon completion of the storage period, the

8   recording medium may be erased and reissued for

9   operational use;

10  (i) Recording of a conversation made by or at the

11  request of a person, not a law enforcement officer or

12  agent of a law enforcement officer, who is a party to the

13  conversation, under reasonable suspicion that another

14  party to the conversation is committing, is about to

15  commit, or has committed a criminal offense against the

16  person or a member of his or her immediate household, and

17  there is reason to believe that evidence of the criminal

18  offense may be obtained by the recording;

19  (j) The use of a telephone monitoring device by either

20  (1) a corporation or other business entity engaged in

21  marketing or opinion research or (2) a corporation or

22  other business entity engaged in telephone solicitation,

23  as defined in this subsection, to record or listen to oral

24  telephone solicitation conversations or marketing or

25  opinion research conversations by an employee of the

26  corporation or other business entity when:
    HB2690 Enrolled    - 94 - LRB104 07332 RLC 17372 b

1           (i) the monitoring is used for the purpose of

2   service quality control of marketing or opinion

3   research or telephone solicitation, the education or

4   training of employees or contractors engaged in

5   marketing or opinion research or telephone

6   solicitation, or internal research related to

7   marketing or opinion research or telephone

8   solicitation; and

9           (ii) the monitoring is used with the consent of at

10  least one person who is an active party to the

11  marketing or opinion research conversation or

12  telephone solicitation conversation being monitored.

13  No communication or conversation or any part, portion,

14  or aspect of the communication or conversation made,

15  acquired, or obtained, directly or indirectly, under this

16  exemption (j), may be, directly or indirectly, furnished

17  to any law enforcement officer, agency, or official for

18  any purpose or used in any inquiry or investigation, or

19  used, directly or indirectly, in any administrative,

20  judicial, or other proceeding, or divulged to any third

21  party.

22  When recording or listening authorized by this

23  subsection (j) on telephone lines used for marketing or

24  opinion research or telephone solicitation purposes

25  results in recording or listening to a conversation that

26  does not relate to marketing or opinion research or
    HB2690 Enrolled          - 95 - LRB104 07332 RLC 17372 b

1   telephone solicitation; the person recording or listening

2   shall, immediately upon determining that the conversation

3   does not relate to marketing or opinion research or

4   telephone solicitation, terminate the recording or

5   listening and destroy any such recording as soon as is

6   practicable.

7   Business entities that use a telephone monitoring or

8   telephone recording system pursuant to this exemption (j)

9   shall provide current and prospective employees with

10  notice that the monitoring or recordings may occur during

11  the course of their employment. The notice shall include

12  prominent signage notification within the workplace.

13  Business entities that use a telephone monitoring or

14  telephone recording system pursuant to this exemption (j)

15  shall provide their employees or agents with access to

16  personal-only telephone lines, which may be pay

17  telephones, that are not subject to telephone monitoring

18  or telephone recording.

19  For the purposes of this subsection (j), "telephone

20  solicitation" means a communication through the use of a

21  telephone by live operators:

22      (i) soliciting the sale of goods or services;

23      (ii) receiving orders for the sale of goods or

24  services;

25      (iii) assisting in the use of goods or services;

26  or
    HB2690 Enrolled   - 96 - LRB104 07332 RLC 17372 b

1   (iv) engaging in the solicitation, administration,

2   or collection of bank or retail credit accounts.

3   For the purposes of this subsection (j), "marketing or

4   opinion research" means a marketing or opinion research

5   interview conducted by a live telephone interviewer

6   engaged by a corporation or other business entity whose

7   principal business is the design, conduct, and analysis of

8   polls and surveys measuring the opinions, attitudes, and

9   responses of respondents toward products and services, or

10  social or political issues, or both;

11  (k) Electronic recordings, including but not limited

12  to, a motion picture, videotape, digital, or other visual

13  or audio recording, made of a custodial interrogation of

14  an individual at a police station or other place of

15  detention by a law enforcement officer under Section

16  5-401.5 of the Juvenile Court Act of 1987 or Section

17  103-2.1 of the Code of Criminal Procedure of 1963;

18  (l) Recording the interview or statement of any person

19  when the person knows that the interview is being

20  conducted by a law enforcement officer or prosecutor and

21  the interview takes place at a police station that is

22  currently participating in the Custodial Interview Pilot

23  Program established under the Illinois Criminal Justice

24  Information Act;

25  (m) An electronic recording, including but not limited

26  to, a motion picture, videotape, digital, or other visual
    HB2690 Enrolled  - 97 - LRB104 07332 RLC 17372 b

1   or audio recording, made of the interior of a school bus

2   while the school bus is being used in the transportation

3   of students to and from school and school-sponsored

4   activities, when the school board has adopted a policy

5   authorizing such recording, notice of such recording

6   policy is included in student handbooks and other

7   documents including the policies of the school, notice of

8   the policy regarding recording is provided to parents of

9   students, and notice of such recording is clearly posted

10  on the door of and inside the school bus.

11  Recordings made pursuant to this subsection (m) shall

12  be confidential records and may only be used by school

13  officials (or their designees) and law enforcement

14  personnel for investigations, school disciplinary actions

15  and hearings, proceedings under the Juvenile Court Act of

16  1987, and criminal prosecutions, related to incidents

17  occurring in or around the school bus;

18  (n) Recording or listening to an audio transmission

19  from a microphone placed by a person under the authority

20  of a law enforcement agency inside a bait car surveillance

21  vehicle while simultaneously capturing a photographic or

22  video image;

23  (o) The use of an eavesdropping camera or audio device

24  during an ongoing hostage or barricade situation by a law

25  enforcement officer or individual acting on behalf of a

26  law enforcement officer when the use of such device is
    HB2690 Enrolled  - 98 - LRB104 07332 RLC 17372 b

1   necessary to protect the safety of the general public,

2   hostages, or law enforcement officers or anyone acting on

3   their behalf;

4   (p) Recording or listening with the aid of any device

5   to incoming telephone calls of phone lines publicly listed

6   or advertised as the "CPS Violence Prevention Hotline",

7   but only where the notice of recording is given at the

8   beginning of each call as required by Section 34-21.8 of

9   the School Code. The recordings may be retained only by

10  the Chicago Police Department or other law enforcement

11  authorities, and shall not be otherwise retained or

12  disseminated;

13  (q)(1) With prior request to and written or verbal

14  approval of the State's Attorney of the county in which

15  the conversation is anticipated to occur, recording or

16  listening with the aid of an eavesdropping device to a

17  conversation in which a law enforcement officer, or any

18  person acting at the direction of a law enforcement

19  officer, is a party to the conversation and has consented

20  to the conversation being intercepted or recorded in the

21  course of an investigation of a qualified offense. The

22  State's Attorney may grant this approval only after

23  determining that reasonable cause exists to believe that

24  inculpatory conversations concerning a qualified offense

25  will occur with a specified individual or individuals

26  within a designated period of time.
    HB2690 Enrolled  - 99 - LRB104 07332 RLC 17372 b

1   (2) Request for approval. To invoke the exception

2   contained in this subsection (q), a law enforcement

3   officer shall make a request for approval to the

4   appropriate State's Attorney. The request may be written

5   or verbal; however, a written memorialization of the

6   request must be made by the State's Attorney. This request

7   for approval shall include whatever information is deemed

8   necessary by the State's Attorney but shall include, at a

9   minimum, the following information about each specified

10  individual whom the law enforcement officer believes will

11  commit a qualified offense:

12  (A) his or her full or partial name, nickname or

13  alias;

14  (B) a physical description; or

15  (C) failing either (A) or (B) of this paragraph

16  (2), any other supporting information known to the law

17  enforcement officer at the time of the request that

18  gives rise to reasonable cause to believe that the

19  specified individual will participate in an

20  inculpatory conversation concerning a qualified

21  offense.

22  (3) Limitations on approval. Each written approval by

23  the State's Attorney under this subsection (q) shall be

24  limited to:

25  (A) a recording or interception conducted by a

26  specified law enforcement officer or person acting at
    HB2690 Enrolled  - 100 - LRB104 07332 RLC 17372 b

1   the direction of a law enforcement officer;

2   (B) recording or intercepting conversations with

3   the individuals specified in the request for approval,

4   provided that the verbal approval shall be deemed to

5   include the recording or intercepting of conversations

6   with other individuals, unknown to the law enforcement

7   officer at the time of the request for approval, who

8   are acting in conjunction with or as co-conspirators

9   with the individuals specified in the request for

10  approval in the commission of a qualified offense;

11  (C) a reasonable period of time but in no event

12  longer than 24 consecutive hours;

13  (D) the written request for approval, if

14  applicable, or the written memorialization must be

15  filed, along with the written approval, with the

16  circuit clerk of the jurisdiction on the next business

17  day following the expiration of the authorized period

18  of time, and shall be subject to review by the Chief

19  Judge or his or her designee as deemed appropriate by

20  the court.

21  (3.5) The written memorialization of the request for

22  approval and the written approval by the State's Attorney

23  may be in any format, including via facsimile, email, or

24  otherwise, so long as it is capable of being filed with the

25  circuit clerk.

26  (3.10) Beginning March 1, 2015, each State's Attorney
    HB2690 Enrolled  - 101 - LRB104 07332 RLC 17372 b

1   shall annually submit a report to the General Assembly

2   disclosing:

3   (A) the number of requests for each qualified

4   offense for approval under this subsection; and

5   (B) the number of approvals for each qualified

6   offense given by the State's Attorney.

7   (4) Admissibility of evidence. No part of the contents

8   of any wire, electronic, or oral communication that has

9   been recorded or intercepted as a result of this exception

10  may be received in evidence in any trial, hearing, or

11  other proceeding in or before any court, grand jury,

12  department, officer, agency, regulatory body, legislative

13  committee, or other authority of this State, or a

14  political subdivision of the State, other than in a

15  prosecution of:

16  (A) the qualified offense for which approval was

17  given to record or intercept a conversation under this

18  subsection (q);

19  (B) a forcible felony committed directly in the

20  course of the investigation of the qualified offense

21  for which approval was given to record or intercept a

22  conversation under this subsection (q); or

23  (C) any other forcible felony committed while the

24  recording or interception was approved in accordance

25  with this subsection (q), but for this specific

26  category of prosecutions, only if the law enforcement
    HB2690 Enrolled  - 102 - LRB104 07332 RLC 17372 b

1   officer or person acting at the direction of a law

2   enforcement officer who has consented to the

3   conversation being intercepted or recorded suffers

4   great bodily injury or is killed during the commission

5   of the charged forcible felony.

6   (5) Compliance with the provisions of this subsection

7   is a prerequisite to the admissibility in evidence of any

8   part of the contents of any wire, electronic or oral

9   communication that has been intercepted as a result of

10  this exception, but nothing in this subsection shall be

11  deemed to prevent a court from otherwise excluding the

12  evidence on any other ground recognized by State or

13  federal law, nor shall anything in this subsection be

14  deemed to prevent a court from independently reviewing the

15  admissibility of the evidence for compliance with the

16  Fourth Amendment to the U.S. Constitution or with Article

17  I, Section 6 of the Illinois Constitution.

18  (6) Use of recordings or intercepts unrelated to

19  qualified offenses. Whenever any private conversation or

20  private electronic communication has been recorded or

21  intercepted as a result of this exception that is not

22  related to an offense for which the recording or intercept

23  is admissible under paragraph (4) of this subsection (q),

24  no part of the contents of the communication and evidence

25  derived from the communication may be received in evidence

26  in any trial, hearing, or other proceeding in or before
    HB2690 Enrolled  - 103 - LRB104 07332 RLC 17372 b

1   any court, grand jury, department, officer, agency,

2   regulatory body, legislative committee, or other authority

3   of this State, or a political subdivision of the State,

4   nor may it be publicly disclosed in any way.

5   (6.5) The Illinois State Police shall adopt rules as

6   are necessary concerning the use of devices, retention of

7   recordings, and reports regarding their use under this

8   subsection (q).

9   (7) Definitions. For the purposes of this subsection

10  (q) only:

11  "Forcible felony" includes and is limited to those

12  offenses contained in Section 2-8 of the Criminal Code

13  of 1961 as of the effective date of this amendatory Act

14  of the 97th General Assembly, and only as those

15  offenses have been defined by law or judicial

16  interpretation as of that date.

17  "Qualified offense" means and is limited to:

18                   (A) a felony violation of the Cannabis Control

19  Act, the Illinois Controlled Substances Act, or

20  the Methamphetamine Control and Community

21  Protection Act, except for violations of:

22                   (i) Section 4 of the Cannabis Control Act;

23                   (ii) Section 402 of the Illinois

24                   Controlled Substances Act; and

25                   (iii) Section 60 of the Methamphetamine

26                   Control and Community Protection Act; and
    HB2690 Enrolled  - 104 - LRB104 07332 RLC 17372 b

1                    (B) first degree murder, solicitation of

2   murder for hire, predatory criminal sexual assault

3   of a child, criminal sexual assault, aggravated

4   criminal sexual assault, aggravated arson,

5   kidnapping, aggravated kidnapping, child

6   abduction, trafficking in persons, involuntary

7   servitude, involuntary sexual servitude of a

8   minor, or gunrunning.

9   "State's Attorney" includes and is limited to the

10  State's Attorney or an assistant State's Attorney

11  designated by the State's Attorney to provide verbal

12  approval to record or intercept conversations under

13  this subsection (q).

14  (8) Sunset. This subsection (q) is inoperative on and

15  after January 1, 2027. No conversations intercepted

16  pursuant to this subsection (q), while operative, shall be

17  inadmissible in a court of law by virtue of the

18  inoperability of this subsection (q) on January 1, 2027.

19  (9) Recordings, records, and custody. Any private

20  conversation or private electronic communication

21  intercepted by a law enforcement officer or a person

22  acting at the direction of law enforcement shall, if

23  practicable, be recorded in such a way as will protect the

24  recording from editing or other alteration. Any and all

25  original recordings made under this subsection (q) shall

26  be inventoried without unnecessary delay pursuant to the
    HB2690 Enrolled         - 105 - LRB104 07332 RLC 17372 b

1   law enforcement agency's policies for inventorying

2   evidence. The original recordings shall not be destroyed

3   except upon an order of a court of competent jurisdiction;

4   and

5        (r) Electronic recordings, including but not limited

6   to, motion picture, videotape, digital, or other visual or

7   audio recording, made of a lineup under Section 107A-2 of

8   the Code of Criminal Procedure of 1963.

9 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;

10 102-918, eff. 5-27-22.)

11  (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)

12  Sec. 36-1. Property subject to forfeiture.

13  (a) Any vessel or watercraft, vehicle, or aircraft is

14 subject to forfeiture under this Article if the vessel or

15 watercraft, vehicle, or aircraft is used with the knowledge

16 and consent of the owner in the commission of or in the attempt

17 to commit as defined in Section 8-4 of this Code:

18       (1) an offense prohibited by Section 9-1 (first degree

19  murder), Section 9-3 (involuntary manslaughter and

20  reckless homicide), Section 10-2 (aggravated kidnaping),

21  Section 11-1.20 (criminal sexual assault), Section 11-1.30

22  (aggravated criminal sexual assault), Section 11-1.40

23  (predatory criminal sexual assault of a child), subsection

24  (a) of Section 11-1.50 (criminal sexual abuse), subsection

25  (a), (c), or (d) of Section 11-1.60 (aggravated criminal
    HB2690 Enrolled  - 106 - LRB104 07332 RLC 17372 b

1   sexual abuse), Section 11-6 (indecent solicitation of a

2   child), Section 11-14.4 (promoting juvenile prostitution

3   except for keeping a place of juvenile prostitution),

4   Section 11-20.1 (child sexual abuse material pornography),

5   paragraph (a)(1), (a)(2), (a)(4), (b)(1), (b)(2), (e)(1),

6   (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of

7   Section 12-3.05 (aggravated battery), Section 12-7.3

8   (stalking), Section 12-7.4 (aggravated stalking), Section

9   16-1 (theft if the theft is of precious metal or of scrap

10  metal), subdivision (f)(2) or (f)(3) of Section 16-25

11  (retail theft), Section 18-2 (armed robbery), Section 19-1

12  (burglary), Section 19-2 (possession of burglary tools),

13  Section 19-3 (residential burglary), Section 20-1 (arson;

14  residential arson; place of worship arson), Section 20-2

15  (possession of explosives or explosive or incendiary

16  devices), subdivision (a)(6) or (a)(7) of Section 24-1

17  (unlawful possession of weapons), Section 24-1.2

18  (aggravated discharge of a firearm), Section 24-1.2-5

19  (aggravated discharge of a machine gun or a firearm

20  equipped with a device designed or used for silencing the

21  report of a firearm), Section 24-1.5 (reckless discharge

22  of a firearm), Section 28-1 (gambling), or Section

23  29D-15.2 (possession of a deadly substance) of this Code;

24  (2) an offense prohibited by Section 21, 22, 23, 24 or

25  26 of the Cigarette Tax Act if the vessel or watercraft,

26  vehicle, or aircraft contains more than 10 cartons of such
    HB2690 Enrolled          - 107 - LRB104 07332 RLC 17372 b

1   cigarettes;

2   (3) an offense prohibited by Section 28, 29, or 30 of

3   the Cigarette Use Tax Act if the vessel or watercraft,

4   vehicle, or aircraft contains more than 10 cartons of such

5   cigarettes;

6   (4) an offense prohibited by Section 44 of the

7   Environmental Protection Act;

8   (5) an offense prohibited by Section 11-204.1 of the

9   Illinois Vehicle Code (aggravated fleeing or attempting to

10  elude a peace officer);

11  (6) an offense prohibited by Section 11-501 of the

12  Illinois Vehicle Code (driving while under the influence

13  of alcohol or other drug or drugs, intoxicating compound

14  or compounds or any combination thereof) or a similar

15  provision of a local ordinance, and:

16  (A) during a period in which his or her driving

17  privileges are revoked or suspended if the revocation

18  or suspension was for:

19                   (i) Section 11-501 (driving under the

20  influence of alcohol or other drug or drugs,

21  intoxicating compound or compounds or any

22  combination thereof),

23                   (ii) Section 11-501.1 (statutory summary

24  suspension or revocation),

25                   (iii) paragraph (b) of Section 11-401 (motor

26  vehicle crashes involving death or personal
    HB2690 Enrolled   - 108 - LRB104 07332 RLC 17372 b

1   injuries), or

2                    (iv) reckless homicide as defined in Section

3   9-3 of this Code;

4   (B) has been previously convicted of reckless

5   homicide or a similar provision of a law of another

6   state relating to reckless homicide in which the

7   person was determined to have been under the influence

8   of alcohol, other drug or drugs, or intoxicating

9   compound or compounds as an element of the offense or

10  the person has previously been convicted of committing

11  a violation of driving under the influence of alcohol

12  or other drug or drugs, intoxicating compound or

13  compounds or any combination thereof and was involved

14  in a motor vehicle crash that resulted in death, great

15  bodily harm, or permanent disability or disfigurement

16  to another, when the violation was a proximate cause

17  of the death or injuries;

18  (C) the person committed a violation of driving

19  under the influence of alcohol or other drug or drugs,

20  intoxicating compound or compounds or any combination

21  thereof under Section 11-501 of the Illinois Vehicle

22  Code or a similar provision for the third or

23  subsequent time;

24  (D) he or she did not possess a valid driver's

25  license or permit or a valid restricted driving permit

26  or a valid judicial driving permit or a valid
    HB2690 Enrolled  - 109 - LRB104 07332 RLC 17372 b

1   monitoring device driving permit; or

2   (E) he or she knew or should have known that the

3   vehicle he or she was driving was not covered by a

4   liability insurance policy;

5   (7) an offense described in subsection (g) of Section

6   6-303 of the Illinois Vehicle Code;

7   (8) an offense described in subsection (e) of Section

8   6-101 of the Illinois Vehicle Code; or

9   (9)(A) operating a watercraft under the influence of

10  alcohol, other drug or drugs, intoxicating compound or

11  compounds, or combination thereof under Section 5-16 of

12  the Boat Registration and Safety Act during a period in

13  which his or her privileges to operate a watercraft are

14  revoked or suspended and the revocation or suspension was

15  for operating a watercraft under the influence of alcohol,

16  other drug or drugs, intoxicating compound or compounds,

17  or combination thereof; (B) operating a watercraft under

18  the influence of alcohol, other drug or drugs,

19  intoxicating compound or compounds, or combination thereof

20  and has been previously convicted of reckless homicide or

21  a similar provision of a law in another state relating to

22  reckless homicide in which the person was determined to

23  have been under the influence of alcohol, other drug or

24  drugs, intoxicating compound or compounds, or combination

25  thereof as an element of the offense or the person has

26  previously been convicted of committing a violation of
    HB2690 Enrolled  - 110 - LRB104 07332 RLC 17372 b

1   operating a watercraft under the influence of alcohol,

2   other drug or drugs, intoxicating compound or compounds,

3   or combination thereof and was involved in an accident

4   that resulted in death, great bodily harm, or permanent

5   disability or disfigurement to another, when the violation

6   was a proximate cause of the death or injuries; or (C) the

7   person committed a violation of operating a watercraft

8   under the influence of alcohol, other drug or drugs,

9   intoxicating compound or compounds, or combination thereof

10  under Section 5-16 of the Boat Registration and Safety Act

11  or a similar provision for the third or subsequent time.

12  (b) In addition, any mobile or portable equipment used in

13 the commission of an act which is in violation of Section 7g of

14 the Metropolitan Water Reclamation District Act shall be

15 subject to seizure and forfeiture under the same procedures

16 provided in this Article for the seizure and forfeiture of

17 vessels or watercraft, vehicles, and aircraft, and any such

18 equipment shall be deemed a vessel or watercraft, vehicle, or

19 aircraft for purposes of this Article.

20  (c) In addition, when a person discharges a firearm at

21 another individual from a vehicle with the knowledge and

22 consent of the owner of the vehicle and with the intent to

23 cause death or great bodily harm to that individual and as a

24 result causes death or great bodily harm to that individual,

25 the vehicle shall be subject to seizure and forfeiture under

26 the same procedures provided in this Article for the seizure
   HB2690 Enrolled  - 111 - LRB104 07332 RLC 17372 b

1 and forfeiture of vehicles used in violations of clauses (1),

2 (2), (3), or (4) of subsection (a) of this Section.

3  (d) If the spouse of the owner of a vehicle seized for an

4 offense described in subsection (g) of Section 6-303 of the

5 Illinois Vehicle Code, a violation of subdivision (d)(1)(A),

6 (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section

7 11-501 of the Illinois Vehicle Code, or Section 9-3 of this

8 Code makes a showing that the seized vehicle is the only source

9 of transportation and it is determined that the financial

10 hardship to the family as a result of the seizure outweighs the

11 benefit to the State from the seizure, the vehicle may be

12 forfeited to the spouse or family member and the title to the

13 vehicle shall be transferred to the spouse or family member

14 who is properly licensed and who requires the use of the

15 vehicle for employment or family transportation purposes. A

16 written declaration of forfeiture of a vehicle under this

17 Section shall be sufficient cause for the title to be

18 transferred to the spouse or family member. The provisions of

19 this paragraph shall apply only to one forfeiture per vehicle.

20 If the vehicle is the subject of a subsequent forfeiture

21 proceeding by virtue of a subsequent conviction of either

22 spouse or the family member, the spouse or family member to

23 whom the vehicle was forfeited under the first forfeiture

24 proceeding may not utilize the provisions of this paragraph in

25 another forfeiture proceeding. If the owner of the vehicle

26 seized owns more than one vehicle, the procedure set out in
    HB2690 Enrolled       - 112 - LRB104 07332 RLC 17372 b

1 this paragraph may be used for only one vehicle.

2   (e) In addition, property subject to forfeiture under

3 Section 40 of the Illinois Streetgang Terrorism Omnibus

4 Prevention Act may be seized and forfeited under this Article.

5 (Source: P.A. 102-982, eff. 7-1-23; 103-822, eff. 1-1-25.)

6   Section 55. The Code of Criminal Procedure of 1963 is

7 amended by changing Sections 106B-10, 115-7, 115-7.3, 124B-10,

8 124B-100, 124B-420, and 124B-500 as follows:

9   (725 ILCS 5/106B-10)

10  Sec. 106B-10. Conditions for testimony by a victim or

11 witness who is under 18 years of age or an a child or a

12 moderately, severely, or profoundly intellectually disabled

13 person or a person affected by a developmental disability. The

14 In a prosecution of criminal sexual assault, predatory

15 criminal sexual assault of a child, aggravated criminal sexual

16 assault, criminal sexual abuse, aggravated criminal sexual

17 abuse, or any violent crime as defined in subsection (c) of

18 Section 3 of the Rights of Crime Victims and Witnesses Act, the

19 court may set any conditions it finds just and appropriate on

20 the taking of testimony of a victim or witness who is under 18

21 years of age or an intellectually disabled person or a person

22 affected by a developmental disability victim who is a child

23 under the age of 18 years or a moderately, severely, or

24 profoundly intellectually disabled person or a person affected
    HB2690 Enrolled  - 113 - LRB104 07332 RLC 17372 b

 1 by a developmental disability, involving the use of a facility
 2 dog in any criminal proceeding involving that offense. When
 3 deciding whether to permit the child or person to testify with
 4 the assistance of a facility dog, the court shall take into
 5 consideration the age of the child or person, the rights of the
 6 parties to the litigation, and any other relevant factor that
 7 would facilitate the giving of testimony by the child or the
 8 person. As used in this Section, "facility dog" means a dog
 9 that is a graduate of an assistance dog organization that is a
10 member of Assistance Dogs International.
11 (Source: P.A. 102-22, eff. 6-25-21.)

12  (725 ILCS 5/115-7) (from Ch. 38, par. 115-7)

13  Sec. 115-7. a. In prosecutions for predatory criminal

14 sexual assault of a child, aggravated criminal sexual assault,

15 criminal sexual assault, aggravated criminal sexual abuse,

16 criminal sexual abuse, involuntary servitude, involuntary

17 sexual servitude of a minor, or trafficking in persons or

18 criminal transmission of HIV; and in prosecutions for battery

19 and aggravated battery, when the commission of the offense

20 involves sexual penetration or sexual conduct as defined in

21 Section 11-0.1 of the Criminal Code of 2012; and with the trial

22 or retrial of the offenses formerly known as rape, deviate

23 sexual assault, indecent liberties with a child, and

24 aggravated indecent liberties with a child, the prior sexual

25 activity or the reputation of the alleged victim or
    HB2690 Enrolled  - 114 - LRB104 07332 RLC 17372 b

1 corroborating witness under Section 115-7.3 of this Code is

2 inadmissible except (1) as evidence concerning the past sexual

3 conduct of the alleged victim or corroborating witness under

4 Section 115-7.3 of this Code with the accused when this

5 evidence is offered by the accused upon the issue of whether

6 the alleged victim or corroborating witness under Section

7 115-7.3 of this Code consented to the sexual conduct with

8 respect to which the offense is alleged; or (2) when

9 constitutionally required to be admitted.

10  b. No evidence admissible under this Section shall be

11 introduced unless ruled admissible by the trial judge after an

12 offer of proof has been made at a hearing to be held in camera

13 in order to determine whether the defense has evidence to

14 impeach the witness in the event that prior sexual activity

15 with the defendant is denied. Such offer of proof shall

16 include reasonably specific information as to the date, time

17 and place of the past sexual conduct between the alleged

18 victim or corroborating witness under Section 115-7.3 of this

19 Code and the defendant. Unless the court finds that reasonably

20 specific information as to date, time or place, or some

21 combination thereof, has been offered as to prior sexual

22 activity with the defendant, counsel for the defendant shall

23 be ordered to refrain from inquiring into prior sexual

24 activity between the alleged victim or corroborating witness

25 under Section 115-7.3 of this Code and the defendant. The

26 court shall not admit evidence under this Section unless it
    HB2690 Enrolled       - 115 - LRB104 07332 RLC 17372 b

1 determines at the hearing that the evidence is relevant and
2 the probative value of the evidence outweighs the danger of
3 unfair prejudice. The evidence shall be admissible at trial to
4 the extent an order made by the court specifies the evidence
5 that may be admitted and areas with respect to which the
6 alleged victim or corroborating witness under Section 115-7.3
7 of this Code may be examined or cross examined.
8 (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

9   (725 ILCS 5/115-7.3)

10  Sec. 115-7.3. Evidence in certain cases.

11  (a) This Section applies to criminal cases in which:

12  (1) the defendant is accused of predatory criminal

13  sexual assault of a child, aggravated criminal sexual

14  assault, criminal sexual assault, aggravated criminal

15  sexual abuse, criminal sexual abuse, child sexual abuse

16  material pornography, aggravated child pornography,

17  involuntary servitude, involuntary sexual servitude of a

18  minor, trafficking in persons, criminal transmission of

19  HIV, or child abduction as defined in paragraph (10) of

20  subsection (b) of Section 10-5 of the Criminal Code of

21  1961 or the Criminal Code of 2012;

22  (2) the defendant is accused of battery, aggravated

23  battery, first degree murder, or second degree murder when

24  the commission of the offense involves sexual penetration

25  or sexual conduct as defined in Section 11-0.1 of the
    HB2690 Enrolled          - 116 - LRB104 07332 RLC 17372 b

1   Criminal Code of 2012; or

2   (3) the defendant is tried or retried for any of the

3   offenses formerly known as rape, deviate sexual assault,

4   indecent liberties with a child, or aggravated indecent

5   liberties with a child.

6   (b) If the defendant is accused of an offense set forth in

7 paragraph (1) or (2) of subsection (a) or the defendant is

8 tried or retried for any of the offenses set forth in paragraph

9 (3) of subsection (a), evidence of the defendant's commission

10 of another offense or offenses set forth in paragraph (1),

11 (2), or (3) of subsection (a), or evidence to rebut that proof

12 or an inference from that proof, may be admissible (if that

13 evidence is otherwise admissible under the rules of evidence)

14 and may be considered for its bearing on any matter to which it

15 is relevant.

16  (c) In weighing the probative value of the evidence

17 against undue prejudice to the defendant, the court may

18 consider:

19  (1) the proximity in time to the charged or predicate

20  offense;

21  (2) the degree of factual similarity to the charged or

22  predicate offense; or

23  (3) other relevant facts and circumstances.

24  (d) In a criminal case in which the prosecution intends to

25 offer evidence under this Section, it must disclose the

26 evidence, including statements of witnesses or a summary of
    HB2690 Enrolled       - 117 - LRB104 07332 RLC 17372 b

1 the substance of any testimony, at a reasonable time in

2 advance of trial, or during trial if the court excuses

3 pretrial notice on good cause shown.

4   (e) In a criminal case in which evidence is offered under

5 this Section, proof may be made by specific instances of

6 conduct, testimony as to reputation, or testimony in the form

7 of an expert opinion, except that the prosecution may offer

8 reputation testimony only after the opposing party has offered

9 that testimony.

10  (f) In prosecutions for a violation of Section 10-2,

11 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-3.05, 12-4,

12 12-13, 12-14, 12-14.1, 12-15, 12-16, or 18-5 of the Criminal

13 Code of 1961 or the Criminal Code of 2012, involving the

14 involuntary delivery of a controlled substance to a victim, no

15 inference may be made about the fact that a victim did not

16 consent to a test for the presence of controlled substances.

17 (Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;

18 98-160, eff. 1-1-14.)

19  (725 ILCS 5/124B-10)

20  Sec. 124B-10. Applicability; offenses. This Article

21 applies to forfeiture of property in connection with the

22 following:

23  (1) A violation of Section 10-9 or 10A-10 of the

24  Criminal Code of 1961 or the Criminal Code of 2012

25  (involuntary servitude; involuntary servitude of a minor;
    HB2690 Enrolled  - 118 - LRB104 07332 RLC 17372 b

1   or trafficking in persons).

2   (2) A violation of subdivision (a)(1) of Section

3   11-14.4 of the Criminal Code of 1961 or the Criminal Code

4   of 2012 (promoting juvenile prostitution) or a violation

5   of Section 11-17.1 of the Criminal Code of 1961 (keeping a

6   place of juvenile prostitution).

7   (3) A violation of subdivision (a)(4) of Section

8   11-14.4 of the Criminal Code of 1961 or the Criminal Code

9   of 2012 (promoting juvenile prostitution) or a violation

10  of Section 11-19.2 of the Criminal Code of 1961

11  (exploitation of a child).

12  (4) A second or subsequent violation of Section 11-20

13  of the Criminal Code of 1961 or the Criminal Code of 2012

14  (obscenity).

15  (5) A violation of Section 11-20.1 of the Criminal

16  Code of 1961 or the Criminal Code of 2012 (child sexual

17  abuse material pornography).

18  (6) A violation of Section 11-20.1B or 11-20.3 of the

19  Criminal Code of 1961 (aggravated child pornography).

20  (6.5) A violation of Section 11-23.5 of the Criminal

21  Code of 2012.

22  (7) A violation of Section 12C-65 of the Criminal Code

23  of 2012 or Article 44 of the Criminal Code of 1961

24  (unlawful transfer of a telecommunications device to a

25  minor).

26  (8) A violation of Section 17-50 or Section 16D-5 of
    HB2690 Enrolled          - 119 - LRB104 07332 RLC 17372 b

1   the Criminal Code of 2012 or the Criminal Code of 1961

2   (computer fraud).

3   (9) A felony violation of Section 17-6.3 or Article

4   17B of the Criminal Code of 2012 or the Criminal Code of

5   1961 (WIC fraud).

6   (10) A felony violation of Section 48-1 of the

7   Criminal Code of 2012 or Section 26-5 of the Criminal Code

8   of 1961 (dog fighting).

9   (11) A violation of Article 29D of the Criminal Code

10  of 1961 or the Criminal Code of 2012 (terrorism).

11  (12) A felony violation of Section 4.01 of the Humane

12  Care for Animals Act (animals in entertainment).

13 (Source: P.A. 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13;

14 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-1138, eff.

15 6-1-15.)

16  (725 ILCS 5/124B-100)

17  Sec. 124B-100. Definition; "offense". For purposes of this

18 Article, "offense" is defined as follows:

19  (1) In the case of forfeiture authorized under Section

20  10A-15 of the Criminal Code of 1961 or Section 10-9 of the

21  Criminal Code of 2012, "offense" means the offense of

22  involuntary servitude, involuntary servitude of a minor,

23  or trafficking in persons in violation of Section 10-9 or

24  10A-10 of those Codes.

25  (2) In the case of forfeiture authorized under
    HB2690 Enrolled  - 120 - LRB104 07332 RLC 17372 b

1   subdivision (a)(1) of Section 11-14.4, or Section 11-17.1,

2   of the Criminal Code of 1961 or the Criminal Code of 2012,

3   "offense" means the offense of promoting juvenile

4   prostitution or keeping a place of juvenile prostitution

5   in violation of subdivision (a)(1) of Section 11-14.4, or

6   Section 11-17.1, of those Codes.

7   (3) In the case of forfeiture authorized under

8   subdivision (a)(4) of Section 11-14.4, or Section 11-19.2,

9   of the Criminal Code of 1961 or the Criminal Code of 2012,

10  "offense" means the offense of promoting juvenile

11  prostitution or exploitation of a child in violation of

12  subdivision (a)(4) of Section 11-14.4, or Section 11-19.2,

13  of those Codes.

14  (4) In the case of forfeiture authorized under Section

15  11-20 of the Criminal Code of 1961 or the Criminal Code of

16  2012, "offense" means the offense of obscenity in

17  violation of that Section.

18  (5) In the case of forfeiture authorized under Section

19  11-20.1 of the Criminal Code of 1961 or the Criminal Code

20  of 2012, "offense" means the offense of child sexual abuse

21  material pornography in violation of Section 11-20.1 of

22  that Code.

23  (6) In the case of forfeiture authorized under Section

24  11-20.1B or 11-20.3 of the Criminal Code of 1961,

25  "offense" means the offense of aggravated child

26  pornography in violation of Section 11-20.1B or 11-20.3 of
    HB2690 Enrolled  - 121 - LRB104 07332 RLC 17372 b

1   that Code.

2   (7) In the case of forfeiture authorized under Section

3   12C-65 of the Criminal Code of 2012 or Article 44 of the

4   Criminal Code of 1961, "offense" means the offense of

5   unlawful transfer of a telecommunications device to a

6   minor in violation of Section 12C-65 or Article 44 of

7   those Codes.

8   (8) In the case of forfeiture authorized under Section

9   17-50 or 16D-5 of the Criminal Code of 1961 or the Criminal

10  Code of 2012, "offense" means the offense of computer

11  fraud in violation of Section 17-50 or 16D-5 of those

12  Codes.

13  (9) In the case of forfeiture authorized under Section

14  17-6.3 or Article 17B of the Criminal Code of 1961 or the

15  Criminal Code of 2012, "offense" means any felony

16  violation of Section 17-6.3 or Article 17B of those Codes.

17  (10) In the case of forfeiture authorized under

18  Section 29D-65 of the Criminal Code of 1961 or the

19  Criminal Code of 2012, "offense" means any offense under

20  Article 29D of that Code.

21  (11) In the case of forfeiture authorized under

22  Section 4.01 of the Humane Care for Animals Act, Section

23  26-5 of the Criminal Code of 1961, or Section 48-1 of the

24  Criminal Code of 2012, "offense" means any felony offense

25  under either of those Sections.

26  (12) In the case of forfeiture authorized under
    HB2690 Enrolled        - 122 - LRB104 07332 RLC 17372 b

1   Section 124B-1000(b) of the Code of Criminal Procedure of

2   1963, "offense" means an offense in violation of the

3   Criminal Code of 1961, the Criminal Code of 2012, the

4   Illinois Controlled Substances Act, the Cannabis Control

5   Act, or the Methamphetamine Control and Community

6   Protection Act, or an offense involving a

7   telecommunications device possessed by a person on the

8   real property of any elementary or secondary school

9   without authority of the school principal.

10 (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11;

11 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.

12 1-1-13; 97-1150, eff. 1-25-13.)

13  (725 ILCS 5/124B-420)

14  Sec. 124B-420. Distribution of property and sale proceeds.

15  (a) All moneys and the sale proceeds of all other property

16 forfeited and seized under this Part 400 shall be distributed

17 as follows:

18  (1) 50% shall be distributed to the unit of local

19  government whose officers or employees conducted the

20  investigation into the offense and caused the arrest or

21  arrests and prosecution leading to the forfeiture, except

22  that if the investigation, arrest or arrests, and

23  prosecution leading to the forfeiture were undertaken by

24  the sheriff, this portion shall be distributed to the

25  county for deposit into a special fund in the county
    HB2690 Enrolled  - 123 - LRB104 07332 RLC 17372 b

1   treasury appropriated to the sheriff. Amounts distributed

2   to the county for the sheriff or to units of local

3   government under this paragraph shall be used for

4   enforcement of laws or ordinances governing obscenity and

5   child sexual abuse material pornography. If the

6   investigation, arrest or arrests, and prosecution leading

7   to the forfeiture were undertaken solely by a State

8   agency, however, the portion designated in this paragraph

9   shall be paid into the State treasury to be used for

10  enforcement of laws governing obscenity and child sexual

11  abuse material pornography.

12  (2) 25% shall be distributed to the county in which

13  the prosecution resulting in the forfeiture was

14  instituted, deposited into a special fund in the county

15  treasury, and appropriated to the State's Attorney for use

16  in the enforcement of laws governing obscenity and child

17  sexual abuse material pornography.

18  (3) 25% shall be distributed to the Office of the

19  State's Attorneys Appellate Prosecutor and deposited into

20  the Obscenity Profits Forfeiture Fund, which is hereby

21  created in the State treasury, to be used by the Office of

22  the State's Attorneys Appellate Prosecutor for additional

23  expenses incurred in prosecuting appeals arising under

24  Sections 11-20, 11-20.1, 11-20.1B, and 11-20.3 of the

25  Criminal Code of 1961 or the Criminal Code of 2012. Any

26  amounts remaining in the Fund after all additional
    HB2690 Enrolled         - 124 - LRB104 07332 RLC 17372 b

1   expenses have been paid shall be used by the Office to

2   reduce the participating county contributions to the

3   Office on a pro-rated basis as determined by the board of

4   governors of the Office of the State's Attorneys Appellate

5   Prosecutor based on the populations of the participating

6   counties.

7   (b) Before any distribution under subsection (a), the

8 Attorney General or State's Attorney shall retain from the

9 forfeited moneys or sale proceeds, or both, sufficient moneys

10 to cover expenses related to the administration and sale of

11 the forfeited property.

12 (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11;

13 97-1150, eff. 1-25-13.)

14  (725 ILCS 5/124B-500)

15  Sec. 124B-500. Persons and property subject to forfeiture.

16 A person who commits child sexual abuse material pornography,

17 aggravated child pornography, obscene depiction of a purported

18 child, non-consensual dissemination of private sexual images,

19 or non-consensual dissemination of sexually explicit digitized

20 depictions under Section 11-20.1, 11-20.1B, 11-20.3, 11-20.4,

21 11-23.5, or 11-23.7 of the Criminal Code of 1961 or the

22 Criminal Code of 2012 shall forfeit the following property to

23 the State of Illinois:

24  (1) Any profits or proceeds and any property the

25  person has acquired or maintained in violation of Section
    HB2690 Enrolled        - 125 - LRB104 07332 RLC 17372 b

1   11-20.1, 11-20.1B, 11-20.3, 11-20.4, 11-23.5, or 11-23.7

2   of the Criminal Code of 1961 or the Criminal Code of 2012

3   that the sentencing court determines, after a forfeiture

4   hearing under this Article, to have been acquired or

5   maintained as a result of child sexual abuse material

6   pornography, aggravated child pornography, obscene

7   depiction of a purported child, non-consensual

8   dissemination of private sexual images, or non-consensual

9   dissemination of sexually explicit digitized depictions.

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, 11-20.4,

15  11-23.5, or 11-23.7 of the Criminal Code of 1961 or the

16  Criminal Code of 2012 that the sentencing court

17  determines, after a forfeiture hearing under this Article,

18  to have been acquired or maintained as a result of child

19  sexual abuse material pornography, aggravated child

20  pornography, obscene depiction of a purported child,

21  non-consensual dissemination of private sexual images, or

22  non-consensual dissemination of sexually explicit

23  digitized depictions.

24  (3) Any computer that contains a depiction of child

25  sexual abuse material pornography or an obscene depiction

26  of a purported child in any encoded or decoded format in
    HB2690 Enrolled         - 126 - LRB104 07332 RLC 17372 b

1   violation of Section 11-20.1, 11-20.1B, 11-20.3, or

2   11-20.4 of the Criminal Code of 1961 or the Criminal Code

3   of 2012. For purposes of this paragraph (3), "computer"

4   has the meaning ascribed to it in Section 17-0.5 of the

5   Criminal Code of 2012.

6 (Source: P.A. 103-825, eff. 1-1-25.)

7   Section 60. The Statewide Grand Jury Act is amended by

8 changing Sections 2 and 3 as follows:

9   (725 ILCS 215/2) (from Ch. 38, par. 1702)

10  Sec. 2. (a) County grand juries and State's Attorneys have

11 always had and shall continue to have primary responsibility

12 for investigating, indicting, and prosecuting persons who

13 violate the criminal laws of the State of Illinois. However,

14 in recent years organized terrorist activity directed against

15 innocent civilians and certain criminal enterprises have

16 developed that require investigation, indictment, and

17 prosecution on a statewide or multicounty level. The criminal

18 enterprises exist as a result of the allure of profitability

19 present in narcotic activity, the unlawful sale and transfer

20 of firearms, and streetgang related felonies and organized

21 terrorist activity is supported by the contribution of money

22 and expert assistance from geographically diverse sources. In

23 order to shut off the life blood of terrorism and weaken or

24 eliminate the criminal enterprises, assets, and property used
    HB2690 Enrolled  - 127 - LRB104 07332 RLC 17372 b

1 to further these offenses must be frozen, and any profit must

2 be removed. State statutes exist that can accomplish that

3 goal. Among them are the offense of money laundering,

4 violations of Article 29D of the Criminal Code of 1961 or the

5 Criminal Code of 2012, the Narcotics Profit Forfeiture Act,

6 and gunrunning. Local prosecutors need investigative personnel

7 and specialized training to attack and eliminate these

8 profits. In light of the transitory and complex nature of

9 conduct that constitutes these criminal activities, the many

10 diverse property interests that may be used, acquired directly

11 or indirectly as a result of these criminal activities, and

12 the many places that illegally obtained property may be

13 located, it is the purpose of this Act to create a limited,

14 multicounty Statewide Grand Jury with authority to

15 investigate, indict, and prosecute: narcotic activity,

16 including cannabis and controlled substance trafficking,

17 narcotics racketeering, money laundering, violations of the

18 Cannabis and Controlled Substances Tax Act, and violations of

19 Article 29D of the Criminal Code of 1961 or the Criminal Code

20 of 2012; the unlawful sale and transfer of firearms;

21 gunrunning; and streetgang related felonies.

22  (b) A Statewide Grand Jury may also investigate, indict,

23 and prosecute violations facilitated by the use of a computer

24 of any of the following offenses: indecent solicitation of a

25 child, sexual exploitation of a child, soliciting for a

26 juvenile prostitute, keeping a place of juvenile prostitution,
    HB2690 Enrolled    - 128 - LRB104 07332 RLC 17372 b

1 juvenile pimping, child sexual abuse material pornography,

2 aggravated child pornography, or promoting juvenile

3 prostitution except as described in subdivision (a)(4) of

4 Section 11-14.4 of the Criminal Code of 1961 or the Criminal

5 Code of 2012.

6   (c) A Statewide Grand Jury may also investigate, indict,

7 and prosecute violations of organized retail crime.

8 (Source: P.A. 101-593, eff. 12-4-19; 102-757, eff. 5-13-22.)

9   (725 ILCS 215/3) (from Ch. 38, par. 1703)

10  Sec. 3. Written application for the appointment of a

11 Circuit Judge to convene and preside over a Statewide Grand

12 Jury, with jurisdiction extending throughout the State, shall

13 be made to the Chief Justice of the Supreme Court. Upon such

14 written application, the Chief Justice of the Supreme Court

15 shall appoint a Circuit Judge from the circuit where the

16 Statewide Grand Jury is being sought to be convened, who shall

17 make a determination that the convening of a Statewide Grand

18 Jury is necessary.

19  In such application the Attorney General shall state that

20 the convening of a Statewide Grand Jury is necessary because

21 of an alleged offense or offenses set forth in this Section

22 involving more than one county of the State and identifying

23 any such offense alleged; and

24  (a) that he or she believes that the grand jury

25  function for the investigation and indictment of the
    HB2690 Enrolled  - 129 - LRB104 07332 RLC 17372 b

1   offense or offenses cannot effectively be performed by a

2   county grand jury together with the reasons for such

3   belief, and

4       (b)(1) that each State's Attorney with jurisdiction

5   over an offense or offenses to be investigated has

6   consented to the impaneling of the Statewide Grand Jury,

7   or

8       (2) if one or more of the State's Attorneys having

9   jurisdiction over an offense or offenses to be

10  investigated fails to consent to the impaneling of the

11  Statewide Grand Jury, the Attorney General shall set forth

12  good cause for impaneling the Statewide Grand Jury.

13  If the Circuit Judge determines that the convening of a

14 Statewide Grand Jury is necessary, he or she shall convene and

15 impanel the Statewide Grand Jury with jurisdiction extending

16 throughout the State to investigate and return indictments:

17      (a) For violations of any of the following or for any

18  other criminal offense committed in the course of

19  violating any of the following: Article 29D of the

20  Criminal Code of 1961 or the Criminal Code of 2012, the

21  Illinois Controlled Substances Act, the Cannabis Control

22  Act, the Methamphetamine Control and Community Protection

23  Act, or the Narcotics Profit Forfeiture Act; a streetgang

24  related felony offense; Section 16-25.1, 24-2.1, 24-2.2,

25  24-3, 24-3A, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or

26  subsection       24-1(a)(4),  24-1(a)(6),  24-1(a)(7),
    HB2690 Enrolled  - 130 - LRB104 07332 RLC 17372 b

1   24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code

2   of 1961 or the Criminal Code of 2012; or a money laundering

3   offense; provided that the violation or offense involves

4   acts occurring in more than one county of this State; and

5   (a-5) For violations facilitated by the use of a

6   computer, including the use of the Internet, the World

7   Wide Web, electronic mail, message board, newsgroup, or

8   any other commercial or noncommercial on-line service, of

9   any of the following offenses: indecent solicitation of a

10  child, sexual exploitation of a child, soliciting for a

11  juvenile prostitute, keeping a place of juvenile

12  prostitution, juvenile pimping, child sexual abuse

13  material pornography, aggravated child pornography, or

14  promoting juvenile prostitution except 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; and

17  (b) For the offenses of perjury, subornation of

18  perjury, communicating with jurors and witnesses, and

19  harassment of jurors and witnesses, as they relate to

20  matters before the Statewide Grand Jury.

21  "Streetgang related" has the meaning ascribed to it in

22 Section 10 of the Illinois Streetgang Terrorism Omnibus

23 Prevention Act.

24  Upon written application by the Attorney General for the

25 convening of an additional Statewide Grand Jury, the Chief

26 Justice of the Supreme Court shall appoint a Circuit Judge
    HB2690 Enrolled  - 131 - LRB104 07332 RLC 17372 b

1 from the circuit for which the additional Statewide Grand Jury
2 is sought. The Circuit Judge shall determine the necessity for
3 an additional Statewide Grand Jury in accordance with the
4 provisions of this Section. No more than 2 Statewide Grand
5 Juries may be empaneled at any time.
6 (Source: P.A. 101-593, eff. 12-4-19; 102-757, eff. 5-13-22.)

7   Section 65. The Unified Code of Corrections is amended by

8 changing Sections 3-1-2, 5-5-3, 5-5-3.2, 5-8-1, 5-8-4,

9 5-9-1.7, and 5-9-1.8 as follows:

10  (730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2)

11  Sec. 3-1-2. Definitions.

12  (a) "Chief Administrative Officer" means the person

13 designated by the Director to exercise the powers and duties

14 of the Department of Corrections in regard to committed

15 persons within a correctional institution or facility, and

16 includes the superintendent of any juvenile institution or

17 facility.

18  (a-3) "Aftercare release" means the conditional and

19 revocable release of a person committed to the Department of

20 Juvenile Justice under the Juvenile Court Act of 1987, under

21 the supervision of the Department of Juvenile Justice.

22  (a-5) "Sex offense" for the purposes of paragraph (16) of

23 subsection (a) of Section 3-3-7, paragraph (10) of subsection

24 (a) of Section 5-6-3, and paragraph (18) of subsection (c) of
    HB2690 Enrolled            - 132 - LRB104 07332 RLC 17372 b

1 Section 5-6-3.1 only means:

2   (i) A violation of any of the following Sections of

3   the Criminal Code of 1961 or the Criminal Code of 2012:

4   10-7 (aiding or abetting child abduction under Section

5   10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent

6   solicitation of a child), 11-6.5 (indecent solicitation of

7   an adult), 11-14.4 (promoting juvenile prostitution),

8   11-15.1 (soliciting for a juvenile prostitute), 11-17.1

9   (keeping a place of juvenile prostitution), 11-18.1

10  (patronizing a juvenile prostitute), 11-19.1 (juvenile

11  pimping), 11-19.2 (exploitation of a child), 11-20.1

12  (child sexual abuse material pornography), 11-20.1B or

13  11-20.3 (aggravated child pornography), 11-1.40 or 12-14.1

14  (predatory criminal sexual assault of a child), or 12-33

15  (ritualized abuse of a child). An attempt to commit any of

16  these offenses.

17  (ii) A violation of any of the following Sections of

18  the Criminal Code of 1961 or the Criminal Code of 2012:

19  11-1.20 or 12-13 (criminal sexual assault), 11-1.30 or

20  12-14 (aggravated criminal sexual assault), 11-1.60 or

21  12-16 (aggravated criminal sexual abuse), and subsection

22  (a) of Section 11-1.50 or subsection (a) of Section 12-15

23  (criminal sexual abuse). An attempt to commit any of these

24  offenses.

25  (iii) A violation of any of the following Sections of

26  the Criminal Code of 1961 or the Criminal Code of 2012 when
    HB2690 Enrolled            - 133 - LRB104 07332 RLC 17372 b

1   the defendant is not a parent of the victim:

2   10-1 (kidnapping),

3   10-2 (aggravated kidnapping),

4   10-3 (unlawful restraint),

5   10-3.1 (aggravated unlawful restraint).

6   An attempt to commit any of these offenses.

7   (iv) A violation of any former law of this State

8   substantially equivalent to any offense listed in this

9   subsection (a-5).

10  An offense violating federal law or the law of another

11 state that is substantially equivalent to any offense listed

12 in this subsection (a-5) shall constitute a sex offense for

13 the purpose of this subsection (a-5). A finding or

14 adjudication as a sexually dangerous person under any federal

15 law or law of another state that is substantially equivalent

16 to the Sexually Dangerous Persons Act shall constitute an

17 adjudication for a sex offense for the purposes of this

18 subsection (a-5).

19  (b) "Commitment" means a judicially determined placement

20 in the custody of the Department of Corrections on the basis of

21 delinquency or conviction.

22  (c) "Committed person" is a person committed to the

23 Department, however a committed person shall not be considered

24 to be an employee of the Department of Corrections for any

25 purpose, including eligibility for a pension, benefits, or any

26 other compensation or rights or privileges which may be
    HB2690 Enrolled           - 134 - LRB104 07332 RLC 17372 b

1 provided to employees of the Department.

2   (c-5) "Computer scrub software" means any third-party

3 added software, designed to delete information from the

4 computer unit, the hard drive, or other software, which would

5 eliminate and prevent discovery of browser activity,

6 including, but not limited to, Internet history, address bar

7 or bars, cache or caches, and/or cookies, and which would

8 over-write files in a way so as to make previous computer

9 activity, including, but not limited to, website access, more

10 difficult to discover.

11  (c-10) "Content-controlled tablet" means any device that

12 can only access visitation applications or content relating to

13 educational or personal development.

14  (d) "Correctional institution or facility" means any

15 building or part of a building where committed persons are

16 kept in a secured manner.

17  (d-5) "Correctional officer" means: an employee of the

18 Department of Corrections who has custody and control over

19 committed persons in an adult correctional facility; or, for

20 an employee of the Department of Juvenile Justice, direct care

21 staff of persons committed to a juvenile facility.

22  (e) "Department" means both the Department of Corrections

23 and the Department of Juvenile Justice of this State, unless

24 the context is specific to either the Department of

25 Corrections or the Department of Juvenile Justice.

26  (f) "Director" means both the Director of Corrections and
    HB2690 Enrolled     - 135 - LRB104 07332 RLC 17372 b

1 the Director of Juvenile Justice, unless the context is

2 specific to either the Director of Corrections or the Director

3 of Juvenile Justice.

4   (f-5) (Blank).

5   (g) "Discharge" means the final termination of a

6 commitment to the Department of Corrections.

7   (h) "Discipline" means the rules and regulations for the

8 maintenance of order and the protection of persons and

9 property within the institutions and facilities of the

10 Department and their enforcement.

11  (i) "Escape" means the intentional and unauthorized

12 absence of a committed person from the custody of the

13 Department.

14  (j) "Furlough" means an authorized leave of absence from

15 the Department of Corrections for a designated purpose and

16 period of time.

17  (k) "Parole" means the conditional and revocable release

18 of a person committed to the Department of Corrections under

19 the supervision of a parole officer.

20  (l) "Prisoner Review Board" means the Board established in

21 Section 3-3-1(a), independent of the Department, to review

22 rules and regulations with respect to good time credits, to

23 hear charges brought by the Department against certain

24 prisoners alleged to have violated Department rules with

25 respect to good time credits, to set release dates for certain

26 prisoners sentenced under the law in effect prior to February
    HB2690 Enrolled  - 136 - LRB104 07332 RLC 17372 b

1 1, 1978 (the effective date of Public Act 80-1099), to hear and

2 decide the time of aftercare release for persons committed to

3 the Department of Juvenile Justice under the Juvenile Court

4 Act of 1987 to hear requests and make recommendations to the

5 Governor with respect to pardon, reprieve or commutation, to

6 set conditions for parole, aftercare release, and mandatory

7 supervised release and determine whether violations of those

8 conditions justify revocation of parole or release, and to

9 assume all other functions previously exercised by the

10 Illinois Parole and Pardon Board.

11  (m) Whenever medical treatment, service, counseling, or

12 care is referred to in this Unified Code of Corrections, such

13 term may be construed by the Department or Court, within its

14 discretion, to include treatment, service, or counseling by a

15 Christian Science practitioner or nursing care appropriate

16 therewith whenever request therefor is made by a person

17 subject to the provisions of this Code.

18  (n) "Victim" shall have the meaning ascribed to it in

19 subsection (a) of Section 3 of the Rights of Crime Victims and

20 Witnesses Act.

21  (o) "Wrongfully imprisoned person" means a person who has

22 been discharged from a prison of this State and has received:

23  (1) a pardon from the Governor stating that such

24  pardon is issued on the ground of innocence of the crime

25  for which he or she was imprisoned; or

26  (2) a certificate of innocence from the Circuit Court
    HB2690 Enrolled     - 137 - LRB104 07332 RLC 17372 b

1   as provided in Section 2-702 of the Code of Civil

2   Procedure.

3 (Source: P.A. 102-558, eff. 8-20-21; 102-616, eff. 1-1-22.)

4   (730 ILCS 5/5-5-3)

5   Sec. 5-5-3. Disposition.

6   (a) (Blank).

7   (b) (Blank).

8   (c)(1) (Blank).

9   (2) A period of probation, a term of periodic imprisonment

10 or conditional discharge shall not be imposed for the

11 following offenses. The court shall sentence the offender to

12 not less than the minimum term of imprisonment set forth in

13 this Code for the following offenses, and may order a fine or

14 restitution or both in conjunction with such term of

15 imprisonment:

16  (A) First degree murder.

17  (B) Attempted first degree murder.

18  (C) A Class X felony.

19  (D) A violation of Section 401.1 or 407 of the

20  Illinois Controlled Substances Act, or a violation of

21  subdivision (c)(1.5) of Section 401 of that Act which

22  relates to more than 5 grams of a substance containing

23  fentanyl or an analog thereof.

24  (D-5) A violation of subdivision (c)(1) of Section 401

25  of the Illinois Controlled Substances Act which relates to
    HB2690 Enrolled  - 138 - LRB104 07332 RLC 17372 b

1   3 or more grams of a substance containing heroin or an

2   analog thereof.

3   (E) (Blank).

4   (F) A Class 1 or greater felony if the offender had

5   been convicted of a Class 1 or greater felony, including

6   any state or federal conviction for an offense that

7   contained, at the time it was committed, the same elements

8   as an offense now (the date of the offense committed after

9   the prior Class 1 or greater felony) classified as a Class

10  1 or greater felony, within 10 years of the date on which

11  the offender committed the offense for which he or she is

12  being sentenced, except as otherwise provided in Section

13  40-10 of the Substance Use Disorder Act.

14  (F-3) A Class 2 or greater felony sex offense or

15  felony firearm offense if the offender had been convicted

16  of a Class 2 or greater felony, including any state or

17  federal conviction for an offense that contained, at the

18  time it was committed, the same elements as an offense now

19  (the date of the offense committed after the prior Class 2

20  or greater felony) classified as a Class 2 or greater

21  felony, within 10 years of the date on which the offender

22  committed the offense for which he or she is being

23  sentenced, except as otherwise provided in Section 40-10

24  of the Substance Use Disorder Act.

25  (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6

26  of the Criminal Code of 1961 or the Criminal Code of 2012
    HB2690 Enrolled         - 139 - LRB104 07332 RLC 17372 b

1   for which imprisonment is prescribed in those Sections.

2   (G) Residential burglary, except as otherwise provided

3   in Section 40-10 of the Substance Use Disorder Act.

4   (H) Criminal sexual assault.

5   (I) Aggravated battery of a senior citizen as

6   described in Section 12-4.6 or subdivision (a)(4) of

7   Section 12-3.05 of the Criminal Code of 1961 or the

8   Criminal Code of 2012.

9   (J) A forcible felony if the offense was related to

10  the activities of an organized gang.

11  Before July 1, 1994, for the purposes of this

12  paragraph, "organized gang" means an association of 5 or

13  more persons, with an established hierarchy, that

14  encourages members of the association to perpetrate crimes

15  or provides support to the members of the association who

16  do commit crimes.

17  Beginning July 1, 1994, for the purposes of this

18  paragraph, "organized gang" has the meaning ascribed to it

19  in Section 10 of the Illinois Streetgang Terrorism Omnibus

20  Prevention Act.

21  (K) Vehicular hijacking.

22  (L) A second or subsequent conviction for the offense

23  of hate crime when the underlying offense upon which the

24  hate crime is based is felony aggravated assault or felony

25  mob action.

26  (M) A second or subsequent conviction for the offense
    HB2690 Enrolled  - 140 - LRB104 07332 RLC 17372 b

1   of institutional vandalism if the damage to the property

2   exceeds $300.

3   (N) A Class 3 felony violation of paragraph (1) of

4   subsection (a) of Section 2 of the Firearm Owners

5   Identification Card Act.

6   (O) A violation of Section 12-6.1 or 12-6.5 of the

7   Criminal Code of 1961 or the Criminal Code of 2012.

8   (P) A violation of paragraph (1), (2), (3), (4), (5),

9   or (7) of subsection (a) of Section 11-20.1 of the

10  Criminal Code of 1961 or the Criminal Code of 2012.

11  (P-5) A violation of paragraph (6) of subsection (a)

12  of Section 11-20.1 of the Criminal Code of 1961 or the

13  Criminal Code of 2012 if the victim is a household or

14  family member of the defendant.

15  (P-6) A violation of paragraph (2) of subsection (b)

16  of Section 11-20.4 of the Criminal Code of 2012.

17  (Q) A violation of subsection (b) or (b-5) of Section

18  20-1, Section 20-1.2, or Section 20-1.3 of the Criminal

19  Code of 1961 or the Criminal Code of 2012.

20  (R) A violation of Section 24-3A of the Criminal Code

21  of 1961 or the Criminal Code of 2012.

22  (S) (Blank).

23  (T) (Blank).

24  (U) A second or subsequent violation of Section 6-303

25  of the Illinois Vehicle Code committed while his or her

26  driver's license, permit, or privilege was revoked because
    HB2690 Enrolled  - 141 - LRB104 07332 RLC 17372 b

1   of a violation of Section 9-3 of the Criminal Code of 1961

2   or the Criminal Code of 2012, relating to the offense of

3   reckless homicide, or a similar provision of a law of

4   another state.

5   (V) A violation of paragraph (4) of subsection (c) of

6   Section 11-20.1B or paragraph (4) of subsection (c) of

7   Section 11-20.3 of the Criminal Code of 1961, or paragraph

8   (6) of subsection (a) of Section 11-20.1 of the Criminal

9   Code of 2012 when the victim is under 13 years of age and

10  the defendant has previously been convicted under the laws

11  of this State or any other state of the offense of child

12  sexual abuse material or child pornography, aggravated

13  child pornography, aggravated criminal sexual abuse,

14  aggravated criminal sexual assault, predatory criminal

15  sexual assault of a child, or any of the offenses formerly

16  known as rape, deviate sexual assault, indecent liberties

17  with a child, or aggravated indecent liberties with a

18  child where the victim was under the age of 18 years or an

19  offense that is substantially equivalent to those

20  offenses.

21  (V-5) A violation of paragraph (1) of subsection (b)

22  of Section 11-20.4 of the Criminal Code of 2012 when the

23  victim is under 13 years of age and the defendant has

24  previously been convicted under the laws of this State or

25  any other state of the offense of child pornography,

26  aggravated child pornography, aggravated criminal sexual
    HB2690 Enrolled       - 142 - LRB104 07332 RLC 17372 b

1   abuse, aggravated criminal sexual assault, predatory

2   criminal sexual assault of a child, or any of the offenses

3   formerly known as rape, deviate sexual assault, indecent

4   liberties with a child, or aggravated indecent liberties

5   with a child if the victim was under the age of 18 years or

6   an offense that is substantially equivalent to those

7   offenses.

8   (W) A violation of Section 24-3.5 of the Criminal Code

9   of 1961 or the Criminal Code of 2012.

10  (X) A violation of subsection (a) of Section 31-1a of

11  the Criminal Code of 1961 or the Criminal Code of 2012.

12  (Y) A conviction for unlawful possession of a firearm

13  by a street gang member when the firearm was loaded or

14  contained firearm ammunition.

15  (Z) A Class 1 felony committed while he or she was

16  serving a term of probation or conditional discharge for a

17  felony.

18  (AA) Theft of property exceeding $500,000 and not

19  exceeding $1,000,000 in value.

20  (BB) Laundering of criminally derived property of a

21  value exceeding $500,000.

22  (CC) Knowingly selling, offering for sale, holding for

23  sale, or using 2,000 or more counterfeit items or

24  counterfeit items having a retail value in the aggregate

25  of $500,000 or more.

26  (DD) A conviction for aggravated assault under
    HB2690 Enrolled            - 143 - LRB104 07332 RLC 17372 b

1   paragraph (6) of subsection (c) of Section 12-2 of the

2   Criminal Code of 1961 or the Criminal Code of 2012 if the

3   firearm is aimed toward the person against whom the

4   firearm is being used.

5   (EE) A conviction for a violation of paragraph (2) of

6   subsection (a) of Section 24-3B of the Criminal Code of

7   2012.

8   (3) (Blank).

9   (4) A minimum term of imprisonment of not less than 10

10 consecutive days or 30 days of community service shall be

11 imposed for a violation of paragraph (c) of Section 6-303 of

12 the Illinois Vehicle Code.

13  (4.1) (Blank).

14  (4.2) Except as provided in paragraphs (4.3) and (4.8) of

15 this subsection (c), a minimum of 100 hours of community

16 service shall be imposed for a second violation of Section

17 6-303 of the Illinois Vehicle Code.

18  (4.3) A minimum term of imprisonment of 30 days or 300

19 hours of community service, as determined by the court, shall

20 be imposed for a second violation of subsection (c) of Section

21 6-303 of the Illinois Vehicle Code.

22  (4.4) Except as provided in paragraphs (4.5), (4.6), and

23 (4.9) of this subsection (c), a minimum term of imprisonment

24 of 30 days or 300 hours of community service, as determined by

25 the court, shall be imposed for a third or subsequent

26 violation of Section 6-303 of the Illinois Vehicle Code. The
    HB2690 Enrolled      - 144 - LRB104 07332 RLC 17372 b

1 court may give credit toward the fulfillment of community

2 service hours for participation in activities and treatment as

3 determined by court services.

4   (4.5) A minimum term of imprisonment of 30 days shall be

5 imposed for a third violation of subsection (c) of Section

6 6-303 of the Illinois Vehicle Code.

7   (4.6) Except as provided in paragraph (4.10) of this

8 subsection (c), a minimum term of imprisonment of 180 days

9 shall be imposed for a fourth or subsequent violation of

10 subsection (c) of Section 6-303 of the Illinois Vehicle Code.

11  (4.7) A minimum term of imprisonment of not less than 30

12 consecutive days, or 300 hours of community service, shall be

13 imposed for a violation of subsection (a-5) of Section 6-303

14 of the Illinois Vehicle Code, as provided in subsection (b-5)

15 of that Section.

16  (4.8) A mandatory prison sentence shall be imposed for a

17 second violation of subsection (a-5) of Section 6-303 of the

18 Illinois Vehicle Code, as provided in subsection (c-5) of that

19 Section. The person's driving privileges shall be revoked for

20 a period of not less than 5 years from the date of his or her

21 release from prison.

22  (4.9) A mandatory prison sentence of not less than 4 and

23 not more than 15 years shall be imposed for a third violation

24 of subsection (a-5) of Section 6-303 of the Illinois Vehicle

25 Code, as provided in subsection (d-2.5) of that Section. The

26 person's driving privileges shall be revoked for the remainder
    HB2690 Enrolled             - 145 - LRB104 07332 RLC 17372 b

1 of his or her life.

2   (4.10) A mandatory prison sentence for a Class 1 felony

3 shall be imposed, and the person shall be eligible for an

4 extended term sentence, for a fourth or subsequent violation

5 of subsection (a-5) of Section 6-303 of the Illinois Vehicle

6 Code, as provided in subsection (d-3.5) of that Section. The

7 person's driving privileges shall be revoked for the remainder

8 of his or her life.

9   (5) The court may sentence a corporation or unincorporated

10 association convicted of any offense to:

11  (A) a period of conditional discharge;

12  (B) a fine;

13  (C) make restitution to the victim under Section 5-5-6

14  of this Code.

15  (5.1) In addition to any other penalties imposed, and

16 except as provided in paragraph (5.2) or (5.3), a person

17 convicted of violating subsection (c) of Section 11-907 of the

18 Illinois Vehicle Code shall have his or her driver's license,

19 permit, or privileges suspended for at least 90 days but not

20 more than one year, if the violation resulted in damage to the

21 property of another person.

22  (5.2) In addition to any other penalties imposed, and

23 except as provided in paragraph (5.3), a person convicted of

24 violating subsection (c) of Section 11-907 of the Illinois

25 Vehicle Code shall have his or her driver's license, permit,

26 or privileges suspended for at least 180 days but not more than
    HB2690 Enrolled  - 146 - LRB104 07332 RLC 17372 b

1 2 years, if the violation resulted in injury to another

2 person.

3   (5.3) In addition to any other penalties imposed, a person

4 convicted of violating subsection (c) of Section 11-907 of the

5 Illinois Vehicle Code shall have his or her driver's license,

6 permit, or privileges suspended for 2 years, if the violation

7 resulted in the death of another person.

8   (5.4) In addition to any other penalties imposed, a person

9 convicted of violating Section 3-707 of the Illinois Vehicle

10 Code shall have his or her driver's license, permit, or

11 privileges suspended for 3 months and until he or she has paid

12 a reinstatement fee of $100.

13  (5.5) In addition to any other penalties imposed, a person

14 convicted of violating Section 3-707 of the Illinois Vehicle

15 Code during a period in which his or her driver's license,

16 permit, or privileges were suspended for a previous violation

17 of that Section shall have his or her driver's license,

18 permit, or privileges suspended for an additional 6 months

19 after the expiration of the original 3-month suspension and

20 until he or she has paid a reinstatement fee of $100.

21  (6) (Blank).

22  (7) (Blank).

23  (8) (Blank).

24  (9) A defendant convicted of a second or subsequent

25 offense of ritualized abuse of a child may be sentenced to a

26 term of natural life imprisonment.
    HB2690 Enrolled  - 147 - LRB104 07332 RLC 17372 b

1   (10) (Blank).

2   (11) The court shall impose a minimum fine of $1,000 for a

3 first offense and $2,000 for a second or subsequent offense

4 upon a person convicted of or placed on supervision for

5 battery when the individual harmed was a sports official or

6 coach at any level of competition and the act causing harm to

7 the sports official or coach occurred within an athletic

8 facility or within the immediate vicinity of the athletic

9 facility at which the sports official or coach was an active

10 participant of the athletic contest held at the athletic

11 facility. For the purposes of this paragraph (11), "sports

12 official" means a person at an athletic contest who enforces

13 the rules of the contest, such as an umpire or referee;

14 "athletic facility" means an indoor or outdoor playing field

15 or recreational area where sports activities are conducted;

16 and "coach" means a person recognized as a coach by the

17 sanctioning authority that conducted the sporting event.

18  (12) A person may not receive a disposition of court

19 supervision for a violation of Section 5-16 of the Boat

20 Registration and Safety Act if that person has previously

21 received a disposition of court supervision for a violation of

22 that Section.

23  (13) A person convicted of or placed on court supervision

24 for an assault or aggravated assault when the victim and the

25 offender are family or household members as defined in Section

26 103 of the Illinois Domestic Violence Act of 1986 or convicted
    HB2690 Enrolled  - 148 - LRB104 07332 RLC 17372 b

1 of domestic battery or aggravated domestic battery may be

2 required to attend a Partner Abuse Intervention Program under

3 protocols set forth by the Illinois Department of Human

4 Services under such terms and conditions imposed by the court.

5 The costs of such classes shall be paid by the offender.

6   (d) In any case in which a sentence originally imposed is

7 vacated, the case shall be remanded to the trial court. The

8 trial court shall hold a hearing under Section 5-4-1 of this

9 Code which may include evidence of the defendant's life, moral

10 character and occupation during the time since the original

11 sentence was passed. The trial court shall then impose

12 sentence upon the defendant. The trial court may impose any

13 sentence which could have been imposed at the original trial

14 subject to Section 5-5-4 of this Code. If a sentence is vacated

15 on appeal or on collateral attack due to the failure of the

16 trier of fact at trial to determine beyond a reasonable doubt

17 the existence of a fact (other than a prior conviction)

18 necessary to increase the punishment for the offense beyond

19 the statutory maximum otherwise applicable, either the

20 defendant may be re-sentenced to a term within the range

21 otherwise provided or, if the State files notice of its

22 intention to again seek the extended sentence, the defendant

23 shall be afforded a new trial.

24  (e) In cases where prosecution for aggravated criminal

25 sexual abuse under Section 11-1.60 or 12-16 of the Criminal

26 Code of 1961 or the Criminal Code of 2012 results in conviction
    HB2690 Enrolled   - 149 - LRB104 07332 RLC 17372 b

1 of a defendant who was a family member of the victim at the

2 time of the commission of the offense, the court shall

3 consider the safety and welfare of the victim and may impose a

4 sentence of probation only where:

5   (1) the court finds (A) or (B) or both are

6   appropriate:

7   (A) the defendant is willing to undergo a court

8   approved counseling program for a minimum duration of

9   2 years; or

10  (B) the defendant is willing to participate in a

11  court approved plan, including, but not limited to,

12  the defendant's:

13                   (i) removal from the household;

14                   (ii) restricted contact with the victim;

15                   (iii) continued financial support of the

16  family;

17                   (iv) restitution for harm done to the victim;

18  and

19                   (v) compliance with any other measures that

20  the court may deem appropriate; and

21  (2) the court orders the defendant to pay for the

22  victim's counseling services, to the extent that the court

23  finds, after considering the defendant's income and

24  assets, that the defendant is financially capable of

25  paying for such services, if the victim was under 18 years

26  of age at the time the offense was committed and requires
    HB2690 Enrolled  - 150 - LRB104 07332 RLC 17372 b

1   counseling as a result of the offense.

2   Probation may be revoked or modified pursuant to Section

3 5-6-4; except where the court determines at the hearing that

4 the defendant violated a condition of his or her probation

5 restricting contact with the victim or other family members or

6 commits another offense with the victim or other family

7 members, the court shall revoke the defendant's probation and

8 impose a term of imprisonment.

9   For the purposes of this Section, "family member" and

10 "victim" shall have the meanings ascribed to them in Section

11 11-0.1 of the Criminal Code of 2012.

12  (f) (Blank).

13  (g) Whenever a defendant is convicted of an offense under

14 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,

15 11-14.3, 11-14.4 except for an offense that involves keeping a

16 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,

17 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,

18 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the

19 Criminal Code of 2012, the defendant shall undergo medical

20 testing to determine whether the defendant has any sexually

21 transmissible disease, including a test for infection with

22 human immunodeficiency virus (HIV) or any other identified

23 causative agent of acquired immunodeficiency syndrome (AIDS).

24 Any such medical test shall be performed only by appropriately

25 licensed medical practitioners and may include an analysis of

26 any bodily fluids as well as an examination of the defendant's
    HB2690 Enrolled  - 151 - LRB104 07332 RLC 17372 b

1 person. Except as otherwise provided by law, the results of

2 such test shall be kept strictly confidential by all medical

3 personnel involved in the testing and must be personally

4 delivered in a sealed envelope to the judge of the court in

5 which the conviction was entered for the judge's inspection in

6 camera. Acting in accordance with the best interests of the

7 victim and the public, the judge shall have the discretion to

8 determine to whom, if anyone, the results of the testing may be

9 revealed. The court shall notify the defendant of the test

10 results. The court shall also notify the victim if requested

11 by the victim, and if the victim is under the age of 15 and if

12 requested by the victim's parents or legal guardian, the court

13 shall notify the victim's parents or legal guardian of the

14 test results. The court shall provide information on the

15 availability of HIV testing and counseling at Department of

16 Public Health facilities to all parties to whom the results of

17 the testing are revealed and shall direct the State's Attorney

18 to provide the information to the victim when possible. The

19 court shall order that the cost of any such test shall be paid

20 by the county and may be taxed as costs against the convicted

21 defendant.

22  (g-5) When an inmate is tested for an airborne

23 communicable disease, as determined by the Illinois Department

24 of Public Health, including, but not limited to, tuberculosis,

25 the results of the test shall be personally delivered by the

26 warden or his or her designee in a sealed envelope to the judge
   HB2690 Enrolled           - 152 - LRB104 07332 RLC 17372 b

1 of the court in which the inmate must appear for the judge's

2 inspection in camera if requested by the judge. Acting in

3 accordance with the best interests of those in the courtroom,

4 the judge shall have the discretion to determine what if any

5 precautions need to be taken to prevent transmission of the

6 disease in the courtroom.

7  (h) Whenever a defendant is convicted of an offense under

8 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the

9 defendant shall undergo medical testing to determine whether

10 the defendant has been exposed to human immunodeficiency virus

11 (HIV) or any other identified causative agent of acquired

12 immunodeficiency syndrome (AIDS). Except as otherwise provided

13 by law, the results of such test shall be kept strictly

14 confidential by all medical personnel involved in the testing

15 and must be personally delivered in a sealed envelope to the

16 judge of the court in which the conviction was entered for the

17 judge's inspection in camera. Acting in accordance with the

18 best interests of the public, the judge shall have the

19 discretion to determine to whom, if anyone, the results of the

20 testing may be revealed. The court shall notify the defendant

21 of a positive test showing an infection with the human

22 immunodeficiency virus (HIV). The court shall provide

23 information on the availability of HIV testing and counseling

24 at Department of Public Health facilities to all parties to

25 whom the results of the testing are revealed and shall direct

26 the State's Attorney to provide the information to the victim
    HB2690 Enrolled             - 153 - LRB104 07332 RLC 17372 b

1 when possible. The court shall order that the cost of any such

2 test shall be paid by the county and may be taxed as costs

3 against the convicted defendant.

4   (i) All fines and penalties imposed under this Section for

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

6 Vehicle Code, or a similar provision of a local ordinance, and

7 any violation of the Child Passenger Protection Act, or a

8 similar provision of a local ordinance, shall be collected and

9 disbursed by the circuit clerk as provided under the Criminal

10 and Traffic Assessment Act.

11  (j) In cases when prosecution for any violation of Section

12 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

13 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,

14 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,

15 11-20.1B, 11-20.3, 11-20.4, 11-21, 11-30, 11-40, 12-13, 12-14,

16 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the

17 Criminal Code of 2012, any violation of the Illinois

18 Controlled Substances Act, any violation of the Cannabis

19 Control Act, or any violation of the Methamphetamine Control

20 and Community Protection Act results in conviction, a

21 disposition of court supervision, or an order of probation

22 granted under Section 10 of the Cannabis Control Act, Section

23 410 of the Illinois Controlled Substances Act, or Section 70

24 of the Methamphetamine Control and Community Protection Act of

25 a defendant, the court shall determine whether the defendant

26 is employed by a facility or center as defined under the Child
    HB2690 Enrolled  - 154 - LRB104 07332 RLC 17372 b

1 Care Act of 1969, a public or private elementary or secondary

2 school, or otherwise works with children under 18 years of age

3 on a daily basis. When a defendant is so employed, the court

4 shall order the Clerk of the Court to send a copy of the

5 judgment of conviction or order of supervision or probation to

6 the defendant's employer by certified mail. If the employer of

7 the defendant is a school, the Clerk of the Court shall direct

8 the mailing of a copy of the judgment of conviction or order of

9 supervision or probation to the appropriate regional

10 superintendent of schools. The regional superintendent of

11 schools shall notify the State Board of Education of any

12 notification under this subsection.

13  (j-5) A defendant at least 17 years of age who is convicted

14 of a felony and who has not been previously convicted of a

15 misdemeanor or felony and who is sentenced to a term of

16 imprisonment in the Illinois Department of Corrections shall

17 as a condition of his or her sentence be required by the court

18 to attend educational courses designed to prepare the

19 defendant for a high school diploma and to work toward a high

20 school diploma or to work toward passing high school

21 equivalency testing or to work toward completing a vocational

22 training program offered by the Department of Corrections. If

23 a defendant fails to complete the educational training

24 required by his or her sentence during the term of

25 incarceration, the Prisoner Review Board shall, as a condition

26 of mandatory supervised release, require the defendant, at his
    HB2690 Enrolled  - 155 - LRB104 07332 RLC 17372 b

1 or her own expense, to pursue a course of study toward a high

2 school diploma or passage of high school equivalency testing.

3 The Prisoner Review Board shall revoke the mandatory

4 supervised release of a defendant who wilfully fails to comply

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

6 confinement in a penal institution while serving a mandatory

7 supervised release term; however, the inability of the

8 defendant after making a good faith effort to obtain financial

9 aid or pay for the educational training shall not be deemed a

10 wilful failure to comply. The Prisoner Review Board shall

11 recommit the defendant whose mandatory supervised release term

12 has been revoked under this subsection (j-5) as provided in

13 Section 3-3-9. This subsection (j-5) does not apply to a

14 defendant who has a high school diploma or has successfully

15 passed high school equivalency testing. This subsection (j-5)

16 does not apply to a defendant who is determined by the court to

17 be a person with a developmental disability or otherwise

18 mentally incapable of completing the educational or vocational

19 program.

20  (k) (Blank).

21  (l)(A) Except as provided in paragraph (C) of subsection

22 (l), whenever a defendant, who is not a citizen or national of

23 the United States, is convicted of any felony or misdemeanor

24 offense, the court after sentencing the defendant may, upon

25 motion of the State's Attorney, hold sentence in abeyance and

26 remand the defendant to the custody of the Attorney General of
    HB2690 Enrolled  - 156 - LRB104 07332 RLC 17372 b

1 the United States or his or her designated agent to be deported

2 when:

3        (1) a final order of deportation has been issued

4   against the defendant pursuant to proceedings under the

5   Immigration and Nationality Act, and

6        (2) the deportation of the defendant would not

7   deprecate the seriousness of the defendant's conduct and

8   would not be inconsistent with the ends of justice.

9   Otherwise, the defendant shall be sentenced as provided in

10 this Chapter V.

11  (B) If the defendant has already been sentenced for a

12 felony or misdemeanor offense, or has been placed on probation

13 under Section 10 of the Cannabis Control Act, Section 410 of

14 the Illinois Controlled Substances Act, or Section 70 of the

15 Methamphetamine Control and Community Protection Act, the

16 court may, upon motion of the State's Attorney to suspend the

17 sentence imposed, commit the defendant to the custody of the

18 Attorney General of the United States or his or her designated

19 agent when:

20       (1) a final order of deportation has been issued

21  against the defendant pursuant to proceedings under the

22  Immigration and Nationality Act, and

23       (2) the deportation of the defendant would not

24  deprecate the seriousness of the defendant's conduct and

25  would not be inconsistent with the ends of justice.

26  (C) This subsection (l) does not apply to offenders who
    HB2690 Enrolled      - 157 - LRB104 07332 RLC 17372 b

1 are subject to the provisions of paragraph (2) of subsection

2 (a) of Section 3-6-3.

3   (D) Upon motion of the State's Attorney, if a defendant

4 sentenced under this Section returns to the jurisdiction of

5 the United States, the defendant shall be recommitted to the

6 custody of the county from which he or she was sentenced.

7 Thereafter, the defendant shall be brought before the

8 sentencing court, which may impose any sentence that was

9 available under Section 5-5-3 at the time of initial

10 sentencing. In addition, the defendant shall not be eligible

11 for additional earned sentence credit as provided under

12 Section 3-6-3.

13  (m) A person convicted of criminal defacement of property

14 under Section 21-1.3 of the Criminal Code of 1961 or the

15 Criminal Code of 2012, in which the property damage exceeds

16 $300 and the property damaged is a school building, shall be

17 ordered to perform community service that may include cleanup,

18 removal, or painting over the defacement.

19  (n) The court may sentence a person convicted of a

20 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

21 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

22 of 1961 or the Criminal Code of 2012 (i) to an impact

23 incarceration program if the person is otherwise eligible for

24 that program under Section 5-8-1.1, (ii) to community service,

25 or (iii) if the person has a substance use disorder, as defined

26 in the Substance Use Disorder Act, to a treatment program
    HB2690 Enrolled         - 158 - LRB104 07332 RLC 17372 b

1 licensed under that Act.

2   (o) Whenever a person is convicted of a sex offense as

3 defined in Section 2 of the Sex Offender Registration Act, the

4 defendant's driver's license or permit shall be subject to

5 renewal on an annual basis in accordance with the provisions

6 of license renewal established by the Secretary of State.

7 (Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22;

8 102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff.

9 1-1-24; 103-825, eff. 1-1-25.)

10  (730 ILCS 5/5-5-3.2)

11  Sec. 5-5-3.2. Factors in aggravation and extended-term

12 sentencing.

13  (a) The following factors shall be accorded weight in

14 favor of imposing a term of imprisonment or may be considered

15 by the court as reasons to impose a more severe sentence under

16 Section 5-8-1 or Article 4.5 of Chapter V:

17  (1) the defendant's conduct caused or threatened

18  serious harm;

19  (2) the defendant received compensation for committing

20  the offense;

21  (3) the defendant has a history of prior delinquency

22  or criminal activity;

23  (4) the defendant, by the duties of his office or by

24  his position, was obliged to prevent the particular

25  offense committed or to bring the offenders committing it
    HB2690 Enrolled  - 159 - LRB104 07332 RLC 17372 b

1   to justice;

2   (5) the defendant held public office at the time of

3   the offense, and the offense related to the conduct of

4   that office;

5   (6) the defendant utilized his professional reputation

6   or position in the community to commit the offense, or to

7   afford him an easier means of committing it;

8   (7) the sentence is necessary to deter others from

9   committing the same crime;

10  (8) the defendant committed the offense against a

11  person 60 years of age or older or such person's property;

12  (9) the defendant committed the offense against a

13  person who has a physical disability or such person's

14  property;

15  (10) by reason of another individual's actual or

16  perceived race, color, creed, religion, ancestry, gender,

17  sexual orientation, physical or mental disability, or

18  national origin, the defendant committed the offense

19  against (i) the person or property of that individual;

20  (ii) the person or property of a person who has an

21  association with, is married to, or has a friendship with

22  the other individual; or (iii) the person or property of a

23  relative (by blood or marriage) of a person described in

24  clause (i) or (ii). For the purposes of this Section,

25  "sexual orientation" has the meaning ascribed to it in

26  paragraph (O-1) of Section 1-103 of the Illinois Human
    HB2690 Enrolled  - 160 - LRB104 07332 RLC 17372 b

1   Rights Act;

2   (11) the offense took place in a place of worship or on

3   the grounds of a place of worship, immediately prior to,

4   during or immediately following worship services. For

5   purposes of this subparagraph, "place of worship" shall

6   mean any church, synagogue or other building, structure or

7   place used primarily for religious worship;

8   (12) the defendant was convicted of a felony committed

9   while he was on pretrial release or his own recognizance

10  pending trial for a prior felony and was convicted of such

11  prior felony, or the defendant was convicted of a felony

12  committed while he was serving a period of probation,

13  conditional discharge, or mandatory supervised release

14  under subsection (d) of Section 5-8-1 for a prior felony;

15  (13) the defendant committed or attempted to commit a

16  felony while he was wearing a bulletproof vest. For the

17  purposes of this paragraph (13), a bulletproof vest is any

18  device which is designed for the purpose of protecting the

19  wearer from bullets, shot or other lethal projectiles;

20  (14) the defendant held a position of trust or

21  supervision such as, but not limited to, family member as

22  defined in Section 11-0.1 of the Criminal Code of 2012,

23  teacher, scout leader, baby sitter, or day care worker, in

24  relation to a victim under 18 years of age, and the

25  defendant committed an offense in violation of Section

26  11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
    HB2690 Enrolled  - 161 - LRB104 07332 RLC 17372 b

1   11-14.4 except for an offense that involves keeping a

2   place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

3   11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15

4   or 12-16 of the Criminal Code of 1961 or the Criminal Code

5   of 2012 against that victim;

6   (15) the defendant committed an offense related to the

7   activities of an organized gang. For the purposes of this

8   factor, "organized gang" has the meaning ascribed to it in

9   Section 10 of the Streetgang Terrorism Omnibus Prevention

10  Act;

11  (16) the defendant committed an offense in violation

12  of one of the following Sections while in a school,

13  regardless of the time of day or time of year; on any

14  conveyance owned, leased, or contracted by a school to

15  transport students to or from school or a school related

16  activity; on the real property of a school; or on a public

17  way within 1,000 feet of the real property comprising any

18  school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,

19  11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,

20  11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,

21  12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,

22  12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except

23  for subdivision (a)(4) or (g)(1), of the Criminal Code of

24  1961 or the Criminal Code of 2012;

25  (16.5) the defendant committed an offense in violation

26  of one of the following Sections while in a day care
    HB2690 Enrolled         - 162 - LRB104 07332 RLC 17372 b

1   center, regardless of the time of day or time of year; on

2   the real property of a day care center, regardless of the

3   time of day or time of year; or on a public way within

4   1,000 feet of the real property comprising any day care

5   center, regardless of the time of day or time of year:

6   Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,

7   11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

8   11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,

9   12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,

10  18-2, or 33A-2, or Section 12-3.05 except for subdivision

11  (a)(4) or (g)(1), of the Criminal Code of 1961 or the

12  Criminal Code of 2012;

13  (17) the defendant committed the offense by reason of

14  any person's activity as a community policing volunteer or

15  to prevent any person from engaging in activity as a

16  community policing volunteer. For the purpose of this

17  Section, "community policing volunteer" has the meaning

18  ascribed to it in Section 2-3.5 of the Criminal Code of

19  2012;

20  (18) the defendant committed the offense in a nursing

21  home or on the real property comprising a nursing home.

22  For the purposes of this paragraph (18), "nursing home"

23  means a skilled nursing or intermediate long term care

24  facility that is subject to license by the Illinois

25  Department of Public Health under the Nursing Home Care

26  Act, the Specialized Mental Health Rehabilitation Act of
    HB2690 Enrolled  - 163 - LRB104 07332 RLC 17372 b

1   2013, the ID/DD Community Care Act, or the MC/DD Act;

2   (19) the defendant was a federally licensed firearm

3   dealer and was previously convicted of a violation of

4   subsection (a) of Section 3 of the Firearm Owners

5   Identification Card Act and has now committed either a

6   felony violation of the Firearm Owners Identification Card

7   Act or an act of armed violence while armed with a firearm;

8   (20) the defendant (i) committed the offense of

9   reckless homicide under Section 9-3 of the Criminal Code

10  of 1961 or the Criminal Code of 2012 or the offense of

11  driving under the influence of alcohol, other drug or

12  drugs, intoxicating compound or compounds or any

13  combination thereof under Section 11-501 of the Illinois

14  Vehicle Code or a similar provision of a local ordinance

15  and (ii) was operating a motor vehicle in excess of 20

16  miles per hour over the posted speed limit as provided in

17  Article VI of Chapter 11 of the Illinois Vehicle Code;

18  (21) the defendant (i) committed the offense of

19  reckless driving or aggravated reckless driving under

20  Section 11-503 of the Illinois Vehicle Code and (ii) was

21  operating a motor vehicle in excess of 20 miles per hour

22  over the posted speed limit as provided in Article VI of

23  Chapter 11 of the Illinois Vehicle Code;

24  (22) the defendant committed the offense against a

25  person that the defendant knew, or reasonably should have

26  known, was a member of the Armed Forces of the United
    HB2690 Enrolled     - 164 - LRB104 07332 RLC 17372 b

1   States serving on active duty. For purposes of this clause

2   (22), the term "Armed Forces" means any of the Armed

3   Forces of the United States, including a member of any

4   reserve component thereof or National Guard unit called to

5   active duty;

6   (23) the defendant committed the offense against a

7   person who was elderly or infirm or who was a person with a

8   disability by taking advantage of a family or fiduciary

9   relationship with the elderly or infirm person or person

10  with a disability;

11  (24) the defendant committed any offense under Section

12  11-20.1 of the Criminal Code of 1961 or the Criminal Code

13  of 2012 and possessed 100 or more images;

14  (25) the defendant committed the offense while the

15  defendant or the victim was in a train, bus, or other

16  vehicle used for public transportation;

17  (26) the defendant committed the offense of child

18  sexual abuse material pornography or aggravated child

19  pornography, specifically including paragraph (1), (2),

20  (3), (4), (5), or (7) of subsection (a) of Section 11-20.1

21  of the Criminal Code of 1961 or the Criminal Code of 2012

22  where a child engaged in, solicited for, depicted in, or

23  posed in any act of sexual penetration or bound, fettered,

24  or subject to sadistic, masochistic, or sadomasochistic

25  abuse in a sexual context and specifically including

26  paragraph (1), (2), (3), (4), (5), or (7) of subsection
    HB2690 Enrolled  - 165 - LRB104 07332 RLC 17372 b

1   (a) of Section 11-20.1B or Section 11-20.3 of the Criminal

2   Code of 1961 where a child engaged in, solicited for,

3   depicted in, or posed in any act of sexual penetration or

4   bound, fettered, or subject to sadistic, masochistic, or

5   sadomasochistic abuse in a sexual context;

6   (26.5) the defendant committed the offense of obscene

7   depiction of a purported child, specifically including

8   paragraph (2) of subsection (b) of Section 11-20.4 of the

9   Criminal Code of 2012 if a child engaged in, solicited

10  for, depicted in, or posed in any act of sexual

11  penetration or bound, fettered, or subject to sadistic,

12  masochistic, or sadomasochistic abuse in a sexual context;

13  (27) the defendant committed the offense of first

14  degree murder, assault, aggravated assault, battery,

15  aggravated battery, robbery, armed robbery, or aggravated

16  robbery against a person who was a veteran and the

17  defendant knew, or reasonably should have known, that the

18  person was a veteran performing duties as a representative

19  of a veterans' organization. For the purposes of this

20  paragraph (27), "veteran" means an Illinois resident who

21  has served as a member of the United States Armed Forces, a

22  member of the Illinois National Guard, or a member of the

23  United States Reserve Forces; and "veterans' organization"

24  means an organization comprised of members of which

25  substantially all are individuals who are veterans or

26  spouses, widows, or widowers of veterans, the primary
    HB2690 Enrolled   - 166 - LRB104 07332 RLC 17372 b

1   purpose of which is to promote the welfare of its members

2   and to provide assistance to the general public in such a

3   way as to confer a public benefit;

4   (28) the defendant committed the offense of assault,

5   aggravated assault, battery, aggravated battery, robbery,

6   armed robbery, or aggravated robbery against a person that

7   the defendant knew or reasonably should have known was a

8   letter carrier or postal worker while that person was

9   performing his or her duties delivering mail for the

10  United States Postal Service;

11  (29) the defendant committed the offense of criminal

12  sexual assault, aggravated criminal sexual assault,

13  criminal sexual abuse, or aggravated criminal sexual abuse

14  against a victim with an intellectual disability, and the

15  defendant holds a position of trust, authority, or

16  supervision in relation to the victim;

17  (30) the defendant committed the offense of promoting

18  juvenile prostitution, patronizing a prostitute, or

19  patronizing a minor engaged in prostitution and at the

20  time of the commission of the offense knew that the

21  prostitute or minor engaged in prostitution was in the

22  custody or guardianship of the Department of Children and

23  Family Services;

24  (31) the defendant (i) committed the offense of

25  driving while under the influence of alcohol, other drug

26  or drugs, intoxicating compound or compounds or any
    HB2690 Enrolled   - 167 - LRB104 07332 RLC 17372 b

1   combination thereof in violation of Section 11-501 of the

2   Illinois Vehicle Code or a similar provision of a local

3   ordinance and (ii) the defendant during the commission of

4   the offense was driving his or her vehicle upon a roadway

5   designated for one-way traffic in the opposite direction

6   of the direction indicated by official traffic control

7   devices;

8   (32) the defendant committed the offense of reckless

9   homicide while committing a violation of Section 11-907 of

10  the Illinois Vehicle Code;

11  (33) the defendant was found guilty of an

12  administrative infraction related to an act or acts of

13  public indecency or sexual misconduct in the penal

14  institution. In this paragraph (33), "penal institution"

15  has the same meaning as in Section 2-14 of the Criminal

16  Code of 2012; or

17  (34) the defendant committed the offense of leaving

18  the scene of a crash in violation of subsection (b) of

19  Section 11-401 of the Illinois Vehicle Code and the crash

20  resulted in the death of a person and at the time of the

21  offense, the defendant was: (i) driving under the

22  influence of alcohol, other drug or drugs, intoxicating

23  compound or compounds or any combination thereof as

24  defined by Section 11-501 of the Illinois Vehicle Code; or

25  (ii) operating the motor vehicle while using an electronic

26  communication device as defined in Section 12-610.2 of the
    HB2690 Enrolled         - 168 - LRB104 07332 RLC 17372 b

1   Illinois Vehicle Code.

2   For the purposes of this Section:

3   "School" is defined as a public or private elementary or

4 secondary school, community college, college, or university.

5   "Day care center" means a public or private State

6 certified and licensed day care center as defined in Section

7 2.09 of the Child Care Act of 1969 that displays a sign in

8 plain view stating that the property is a day care center.

9   "Intellectual disability" means significantly subaverage

10 intellectual functioning which exists concurrently with

11 impairment in adaptive behavior.

12  "Public transportation" means the transportation or

13 conveyance of persons by means available to the general

14 public, and includes paratransit services.

15  "Traffic control devices" means all signs, signals,

16 markings, and devices that conform to the Illinois Manual on

17 Uniform Traffic Control Devices, placed or erected by

18 authority of a public body or official having jurisdiction,

19 for the purpose of regulating, warning, or guiding traffic.

20  (b) The following factors, related to all felonies, may be

21 considered by the court as reasons to impose an extended term

22 sentence under Section 5-8-2 upon any offender:

23  (1) When a defendant is convicted of any felony, after

24  having been previously convicted in Illinois or any other

25  jurisdiction of the same or similar class felony or

26  greater class felony, when such conviction has occurred
    HB2690 Enrolled     - 169 - LRB104 07332 RLC 17372 b

1   within 10 years after the previous conviction, excluding

2   time spent in custody, and such charges are separately

3   brought and tried and arise out of different series of

4   acts; or

5   (2) When a defendant is convicted of any felony and

6   the court finds that the offense was accompanied by

7   exceptionally brutal or heinous behavior indicative of

8   wanton cruelty; or

9   (3) When a defendant is convicted of any felony

10  committed against:

11            (i) a person under 12 years of age at the time of

12  the offense or such person's property;

13            (ii) a person 60 years of age or older at the time

14  of the offense or such person's property; or

15            (iii) a person who had a physical disability at

16  the time of the offense or such person's property; or

17  (4) When a defendant is convicted of any felony and

18  the offense involved any of the following types of

19  specific misconduct committed as part of a ceremony, rite,

20  initiation, observance, performance, practice or activity

21  of any actual or ostensible religious, fraternal, or

22  social group:

23            (i) the brutalizing or torturing of humans or

24  animals;

25            (ii) the theft of human corpses;

26            (iii) the kidnapping of humans;
    HB2690 Enrolled  - 170 - LRB104 07332 RLC 17372 b

1   (iv) the desecration of any cemetery, religious,

2   fraternal, business, governmental, educational, or

3   other building or property; or

4   (v) ritualized abuse of a child; or

5   (5) When a defendant is convicted of a felony other

6   than conspiracy and the court finds that the felony was

7   committed under an agreement with 2 or more other persons

8   to commit that offense and the defendant, with respect to

9   the other individuals, occupied a position of organizer,

10  supervisor, financier, or any other position of management

11  or leadership, and the court further finds that the felony

12  committed was related to or in furtherance of the criminal

13  activities of an organized gang or was motivated by the

14  defendant's leadership in an organized gang; or

15  (6) When a defendant is convicted of an offense

16  committed while using a firearm with a laser sight

17  attached to it. For purposes of this paragraph, "laser

18  sight" has the meaning ascribed to it in Section 26-7 of

19  the Criminal Code of 2012; or

20  (7) When a defendant who was at least 17 years of age

21  at the time of the commission of the offense is convicted

22  of a felony and has been previously adjudicated a

23  delinquent minor under the Juvenile Court Act of 1987 for

24  an act that if committed by an adult would be a Class X or

25  Class 1 felony when the conviction has occurred within 10

26  years after the previous adjudication, excluding time
    HB2690 Enrolled       - 171 - LRB104 07332 RLC 17372 b

1   spent in custody; or

2   (8) When a defendant commits any felony and the

3   defendant used, possessed, exercised control over, or

4   otherwise directed an animal to assault a law enforcement

5   officer engaged in the execution of his or her official

6   duties or in furtherance of the criminal activities of an

7   organized gang in which the defendant is engaged; or

8   (9) When a defendant commits any felony and the

9   defendant knowingly video or audio records the offense

10  with the intent to disseminate the recording.

11  (c) The following factors may be considered by the court

12 as reasons to impose an extended term sentence under Section

13 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed

14 offenses:

15  (1) When a defendant is convicted of first degree

16  murder, after having been previously convicted in Illinois

17  of any offense listed under paragraph (c)(2) of Section

18  5-5-3 (730 ILCS 5/5-5-3), when that conviction has

19  occurred within 10 years after the previous conviction,

20  excluding time spent in custody, and the charges are

21  separately brought and tried and arise out of different

22  series of acts.

23  (1.5) When a defendant is convicted of first degree

24  murder, after having been previously convicted of domestic

25  battery (720 ILCS 5/12-3.2) or aggravated domestic battery

26  (720 ILCS 5/12-3.3) committed on the same victim or after
    HB2690 Enrolled  - 172 - LRB104 07332 RLC 17372 b

1   having been previously convicted of violation of an order

2   of protection (720 ILCS 5/12-30) in which the same victim

3   was the protected person.

4   (2) When a defendant is convicted of voluntary

5   manslaughter, second degree murder, involuntary

6   manslaughter, or reckless homicide in which the defendant

7   has been convicted of causing the death of more than one

8   individual.

9   (3) When a defendant is convicted of aggravated

10  criminal sexual assault or criminal sexual assault, when

11  there is a finding that aggravated criminal sexual assault

12  or criminal sexual assault was also committed on the same

13  victim by one or more other individuals, and the defendant

14  voluntarily participated in the crime with the knowledge

15  of the participation of the others in the crime, and the

16  commission of the crime was part of a single course of

17  conduct during which there was no substantial change in

18  the nature of the criminal objective.

19  (4) If the victim was under 18 years of age at the time

20  of the commission of the offense, when a defendant is

21  convicted of aggravated criminal sexual assault or

22  predatory criminal sexual assault of a child under

23  subsection (a)(1) of Section 11-1.40 or subsection (a)(1)

24  of Section 12-14.1 of the Criminal Code of 1961 or the

25  Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).

26  (5) When a defendant is convicted of a felony
    HB2690 Enrolled  - 173 - LRB104 07332 RLC 17372 b

1   violation of Section 24-1 of the Criminal Code of 1961 or

2   the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a

3   finding that the defendant is a member of an organized

4   gang.

5   (6) When a defendant was convicted of unlawful

6   possession of weapons under Section 24-1 of the Criminal

7   Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1)

8   for possessing a weapon that is not readily

9   distinguishable as one of the weapons enumerated in

10  Section 24-1 of the Criminal Code of 1961 or the Criminal

11  Code of 2012 (720 ILCS 5/24-1).

12  (7) When a defendant is convicted of an offense

13  involving the illegal manufacture of a controlled

14  substance under Section 401 of the Illinois Controlled

15  Substances Act (720 ILCS 570/401), the illegal manufacture

16  of methamphetamine under Section 25 of the Methamphetamine

17  Control and Community Protection Act (720 ILCS 646/25), or

18  the illegal possession of explosives and an emergency

19  response officer in the performance of his or her duties

20  is killed or injured at the scene of the offense while

21  responding to the emergency caused by the commission of

22  the offense. In this paragraph, "emergency" means a

23  situation in which a person's life, health, or safety is

24  in jeopardy; and "emergency response officer" means a

25  peace officer, community policing volunteer, fireman,

26  emergency medical technician-ambulance, emergency medical
    HB2690 Enrolled  - 174 - LRB104 07332 RLC 17372 b

1   technician-intermediate,  emergency                medical

2   technician-paramedic, ambulance driver, other medical

3   assistance or first aid personnel, or hospital emergency

4   room personnel.

5   (8) When the defendant is convicted of attempted mob

6   action, solicitation to commit mob action, or conspiracy

7   to commit mob action under Section 8-1, 8-2, or 8-4 of the

8   Criminal Code of 2012, where the criminal object is a

9   violation of Section 25-1 of the Criminal Code of 2012,

10  and an electronic communication is used in the commission

11  of the offense. For the purposes of this paragraph (8),

12  "electronic communication" shall have the meaning provided

13  in Section 26.5-0.1 of the Criminal Code of 2012.

14  (d) For the purposes of this Section, "organized gang" has

15 the meaning ascribed to it in Section 10 of the Illinois

16 Streetgang Terrorism Omnibus Prevention Act.

17  (e) The court may impose an extended term sentence under

18 Article 4.5 of Chapter V upon an offender who has been

19 convicted of a felony violation of Section 11-1.20, 11-1.30,

20 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or

21 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012

22 when the victim of the offense is under 18 years of age at the

23 time of the commission of the offense and, during the

24 commission of the offense, the victim was under the influence

25 of alcohol, regardless of whether or not the alcohol was

26 supplied by the offender; and the offender, at the time of the
    HB2690 Enrolled  - 175 - LRB104 07332 RLC 17372 b

1 commission of the offense, knew or should have known that the
2 victim had consumed alcohol.
3 (Source: P.A. 102-558, eff. 8-20-21; 102-982, eff. 7-1-23;
4 103-822, eff. 1-1-25; 103-825, eff. 1-1-25; revised 11-26-24.)

5   (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)

6   Sec. 5-8-1. Natural life imprisonment; enhancements for

7 use of a firearm; mandatory supervised release terms.

8   (a) Except as otherwise provided in the statute defining

9 the offense or in Article 4.5 of Chapter V, a sentence of

10 imprisonment for a felony shall be a determinate sentence set

11 by the court under this Section, subject to Section 5-4.5-115

12 of this Code, according to the following limitations:

13  (1) for first degree murder,

14  (a) (blank),

15  (b) if a trier of fact finds beyond a reasonable

16  doubt that the murder was accompanied by exceptionally

17  brutal or heinous behavior indicative of wanton

18  cruelty or, except as set forth in subsection

19  (a)(1)(c) of this Section, that any of the aggravating

20  factors listed in subparagraph (b-5) are present, the

21  court may sentence the defendant, subject to Section

22  5-4.5-105, to a term of natural life imprisonment, or

23  (b-5) a A defendant who at the time of the

24  commission of the offense has attained the age of 18 or

25  more and who has been found guilty of first degree
    HB2690 Enrolled   - 176 - LRB104 07332 RLC 17372 b

1   murder may be sentenced to a term of natural life

2   imprisonment if:

3                    (1) the murdered individual was an inmate at

4   an institution or facility of the Department of

5   Corrections, or any similar local correctional

6   agency and was killed on the grounds thereof, or

7   the murdered individual was otherwise present in

8   such institution or facility with the knowledge

9   and approval of the chief administrative officer

10  thereof;

11                   (2) the murdered individual was killed as a

12  result of the hijacking of an airplane, train,

13  ship, bus, or other public conveyance;

14                   (3) the defendant committed the murder

15  pursuant to a contract, agreement, or

16  understanding by which he or she was to receive

17  money or anything of value in return for

18  committing the murder or procured another to

19  commit the murder for money or anything of value;

20                   (4) the murdered individual was killed in the

21  course of another felony if:

22                   (A) the murdered individual:

23                    (i) was actually killed by the

24                   defendant, or

25                    (ii) received physical injuries

26                   personally inflicted by the defendant
    HB2690 Enrolled  - 177 - LRB104 07332 RLC 17372 b

1                    substantially contemporaneously with

2                    physical injuries caused by one or more

3                    persons for whose conduct the defendant is

4                    legally accountable under Section 5-2 of

5                    this Code, and the physical injuries

6                    inflicted by either the defendant or the

7                    other person or persons for whose conduct

8                    he is legally accountable caused the death

9                    of the murdered individual; and (B) in

10                   performing the acts which caused the death

11                   of the murdered individual or which

12                   resulted in physical injuries personally

13                   inflicted by the defendant on the murdered

14                   individual under the circumstances of

15                   subdivision (ii) of clause (A) of this

16                   clause (4), the defendant acted with the

17                   intent to kill the murdered individual or

18                   with the knowledge that his or her acts

19                   created a strong probability of death or

20                   great bodily harm to the murdered

21                   individual or another; and

22                   (B) in performing the acts which caused

23                   the death of the murdered individual or which

24                   resulted in physical injuries personally

25                   inflicted by the defendant on the murdered

26                   individual under the circumstances of
    HB2690 Enrolled       - 178 - LRB104 07332 RLC 17372 b

1                    subdivision (ii) of clause (A) of this clause

2                    (4), the defendant acted with the intent to

3                    kill the murdered individual or with the

4                    knowledge that his or her acts created a

5                    strong probability of death or great bodily

6                    harm to the murdered individual or another;

7                    and

8                         (C) the other felony was an inherently

9                    violent crime or the attempt to commit an

10                   inherently violent crime. In this clause (C),

11                   "inherently violent crime" includes, but is

12                   not limited to, armed robbery, robbery,

13                   predatory criminal sexual assault of a child,

14                   aggravated criminal sexual assault, aggravated

15                   kidnapping, aggravated vehicular hijacking,

16                   aggravated arson, aggravated stalking,

17                   residential burglary, and home invasion;

18                   (5) the defendant committed the murder with

19  intent to prevent the murdered individual from

20  testifying or participating in any criminal

21  investigation or prosecution or giving material

22  assistance to the State in any investigation or

23  prosecution, either against the defendant or

24  another; or the defendant committed the murder

25  because the murdered individual was a witness in

26  any prosecution or gave material assistance to the
    HB2690 Enrolled  - 179 - LRB104 07332 RLC 17372 b

1   State in any investigation or prosecution, either

2   against the defendant or another; for purposes of

3   this clause (5), "participating in any criminal

4   investigation or prosecution" is intended to

5   include those appearing in the proceedings in any

6   capacity such as trial judges, prosecutors,

7   defense attorneys, investigators, witnesses, or

8   jurors;

9                    (6) the defendant, while committing an offense

10  punishable under Section 401, 401.1, 401.2, 405,

11  405.2, 407, or 407.1 or subsection (b) of Section

12  404 of the Illinois Controlled Substances Act, or

13  while engaged in a conspiracy or solicitation to

14  commit such offense, intentionally killed an

15  individual or counseled, commanded, induced,

16  procured, or caused the intentional killing of the

17  murdered individual;

18                   (7) the defendant was incarcerated in an

19  institution or facility of the Department of

20  Corrections at the time of the murder, and while

21  committing an offense punishable as a felony under

22  Illinois law, or while engaged in a conspiracy or

23  solicitation to commit such offense, intentionally

24  killed an individual or counseled, commanded,

25  induced, procured, or caused the intentional

26  killing of the murdered individual;
    HB2690 Enrolled  - 180 - LRB104 07332 RLC 17372 b

1                    (8) the murder was committed in a cold,

2   calculated and premeditated manner pursuant to a

3   preconceived plan, scheme, or design to take a

4   human life by unlawful means, and the conduct of

5   the defendant created a reasonable expectation

6   that the death of a human being would result

7   therefrom;

8                    (9) the defendant was a principal

9   administrator, organizer, or leader of a

10  calculated criminal drug conspiracy consisting of

11  a hierarchical position of authority superior to

12  that of all other members of the conspiracy, and

13  the defendant counseled, commanded, induced,

14  procured, or caused the intentional killing of the

15  murdered person;

16                   (10) the murder was intentional and involved

17  the infliction of torture. For the purpose of this

18  clause (10), torture means the infliction of or

19  subjection to extreme physical pain, motivated by

20  an intent to increase or prolong the pain,

21  suffering, or agony of the victim;

22                   (11) the murder was committed as a result of

23  the intentional discharge of a firearm by the

24  defendant from a motor vehicle and the victim was

25  not present within the motor vehicle;

26                   (12) the murdered individual was a person with
    HB2690 Enrolled  - 181 - LRB104 07332 RLC 17372 b

1   a disability and the defendant knew or should have

2   known that the murdered individual was a person

3   with a disability. For purposes of this clause

4   (12), "person with a disability" means a person

5   who suffers from a permanent physical or mental

6   impairment resulting from disease, an injury, a

7   functional disorder, or a congenital condition

8   that renders the person incapable of adequately

9   providing for his or her own health or personal

10  care;

11                   (13) the murdered individual was subject to an

12  order of protection and the murder was committed

13  by a person against whom the same order of

14  protection was issued under the Illinois Domestic

15  Violence Act of 1986;

16                   (14) the murdered individual was known by the

17  defendant to be a teacher or other person employed

18  in any school and the teacher or other employee is

19  upon the grounds of a school or grounds adjacent

20  to a school, or is in any part of a building used

21  for school purposes;

22                   (15) the murder was committed by the defendant

23  in connection with or as a result of the offense of

24  terrorism as defined in Section 29D-14.9 of this

25  Code;

26                   (16) the murdered individual was a member of a
    HB2690 Enrolled      - 182 - LRB104 07332 RLC 17372 b

1   congregation engaged in prayer or other religious

2   activities at a church, synagogue, mosque, or

3   other building, structure, or place used for

4   religious worship; or

5                    (17)(i) the murdered individual was a

6   physician, physician assistant, psychologist,

7   nurse, or advanced practice registered nurse;

8                    (ii) the defendant knew or should have known

9   that the murdered individual was a physician,

10  physician assistant, psychologist, nurse, or

11  advanced practice registered nurse; and

12                   (iii) the murdered individual was killed in

13  the course of acting in his or her capacity as a

14  physician, physician assistant, psychologist,

15  nurse, or advanced practice registered nurse, or

16  to prevent him or her from acting in that

17  capacity, or in retaliation for his or her acting

18  in that capacity.

19  (c) the court shall sentence the defendant to a

20  term of natural life imprisonment if the defendant, at

21  the time of the commission of the murder, had attained

22  the age of 18, and:

23                   (i) has previously been convicted of first

24  degree murder under any state or federal law, or

25                   (ii) is found guilty of murdering more than

26  one victim, or
    HB2690 Enrolled  - 183 - LRB104 07332 RLC 17372 b

1                    (iii) is found guilty of murdering a peace

2   officer, fireman, or emergency management worker

3   when the peace officer, fireman, or emergency

4   management worker was killed in the course of

5   performing his official duties, or to prevent the

6   peace officer or fireman from performing his

7   official duties, or in retaliation for the peace

8   officer, fireman, or emergency management worker

9   from performing his official duties, and the

10  defendant knew or should have known that the

11  murdered individual was a peace officer, fireman,

12  or emergency management worker, or

13                   (iv) is found guilty of murdering an employee

14  of an institution or facility of the Department of

15  Corrections, or any similar local correctional

16  agency, when the employee was killed in the course

17  of performing his official duties, or to prevent

18  the employee from performing his official duties,

19  or in retaliation for the employee performing his

20  official duties, or

21                   (v) is found guilty of murdering an emergency

22  medical technician - ambulance, emergency medical

23  technician - intermediate, emergency medical

24  technician - paramedic, ambulance driver, or other

25  medical assistance or first aid person while

26  employed by a municipality or other governmental
    HB2690 Enrolled  - 184 - LRB104 07332 RLC 17372 b

1   unit when the person was killed in the course of

2   performing official duties or to prevent the

3   person from performing official duties or in

4   retaliation for performing official duties and the

5   defendant knew or should have known that the

6   murdered individual was an emergency medical

7   technician - ambulance, emergency medical

8   technician - intermediate, emergency medical

9   technician - paramedic, ambulance driver, or other

10  medical assistant or first aid personnel, or

11                   (vi) (blank), or

12                   (vii) is found guilty of first degree murder

13  and the murder was committed by reason of any

14  person's activity as a community policing

15  volunteer or to prevent any person from engaging

16  in activity as a community policing volunteer. For

17  the purpose of this Section, "community policing

18  volunteer" has the meaning ascribed to it in

19  Section 2-3.5 of the Criminal Code of 2012.

20  For purposes of clause (v), "emergency medical

21  technician - ambulance", "emergency medical technician

22  - intermediate", and "emergency medical technician -

23  paramedic", have the meanings ascribed to them in the

24  Emergency Medical Services (EMS) Systems Act.

25  (d)(i) if the person committed the offense while

26  armed with a firearm, 15 years shall be added to
    HB2690 Enrolled  - 185 - LRB104 07332 RLC 17372 b

1   the term of imprisonment imposed by the court;

2   (ii) if, during the commission of the offense, the

3   person personally discharged a firearm, 20 years shall

4   be added to the term of imprisonment imposed by the

5   court;

6   (iii) if, during the commission of the offense,

7   the person personally discharged a firearm that

8   proximately caused great bodily harm, permanent

9   disability, permanent disfigurement, or death to

10  another person, 25 years or up to a term of natural

11  life shall be added to the term of imprisonment

12  imposed by the court.

13  (2) (blank);

14  (2.5) for a person who has attained the age of 18 years

15  at the time of the commission of the offense and who is

16  convicted under the circumstances described in subdivision

17  (b)(1)(B) of Section 11-1.20 or paragraph (3) of

18  subsection (b) of Section 12-13, subdivision (d)(2) of

19  Section 11-1.30 or paragraph (2) of subsection (d) of

20  Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or

21  paragraph (1.2) of subsection (b) of Section 12-14.1,

22  subdivision (b)(2) of Section 11-1.40 or paragraph (2) of

23  subsection (b) of Section 12-14.1 of the Criminal Code of

24  1961 or the Criminal Code of 2012, the sentence shall be a

25  term of natural life imprisonment.

26  (b) (Blank).
    HB2690 Enrolled           - 186 - LRB104 07332 RLC 17372 b

1   (c) (Blank).

2   (d) Subject to earlier termination under Section 3-3-8,

3 the parole or mandatory supervised release term shall be

4 written as part of the sentencing order and shall be as

5 follows:

6   (1) for first degree murder or for the offenses of

7   predatory criminal sexual assault of a child, aggravated

8   criminal sexual assault, and criminal sexual assault if

9   committed on or before December 12, 2005, 3 years;

10  (1.5) except as provided in paragraph (7) of this

11  subsection (d), for a Class X felony except for the

12  offenses of predatory criminal sexual assault of a child,

13  aggravated criminal sexual assault, and criminal sexual

14  assault if committed on or after December 13, 2005 (the

15  effective date of Public Act 94-715) and except for the

16  offense of aggravated child pornography under Section

17  11-20.1B, 11-20.3, or 11-20.1 with sentencing under

18  subsection (c-5) of Section 11-20.1 of the Criminal Code

19  of 1961 or the Criminal Code of 2012, if committed on or

20  after January 1, 2009, and except for the offense of

21  obscene depiction of a purported child with sentencing

22  under subsection (d) of Section 11-20.4 of the Criminal

23  Code of 2012, 18 months;

24  (2) except as provided in paragraph (7) of this

25  subsection (d), for a Class 1 felony or a Class 2 felony

26  except for the offense of criminal sexual assault if
    HB2690 Enrolled  - 187 - LRB104 07332 RLC 17372 b

1   committed on or after December 13, 2005 (the effective

2   date of Public Act 94-715) and except for the offenses of

3   manufacture and dissemination of child sexual abuse

4   material pornography under clauses (a)(1) and (a)(2) of

5   Section 11-20.1 of the Criminal Code of 1961 or the

6   Criminal Code of 2012, if committed on or after January 1,

7   2009, and except for the offense of obscene depiction of a

8   purported child under paragraph (2) of subsection (b) of

9   Section 11-20.4 of the Criminal Code of 2012, 12 months;

10  (3) except as provided in paragraph (4), (6), or (7)

11  of this subsection (d), for a Class 3 felony or a Class 4

12  felony, 6 months; no later than 45 days after the onset of

13  the term of mandatory supervised release, the Prisoner

14  Review Board shall conduct a discretionary discharge

15  review pursuant to the provisions of Section 3-3-8, which

16  shall include the results of a standardized risk and needs

17  assessment tool administered by the Department of

18  Corrections; the changes to this paragraph (3) made by

19  Public Act 102-1104 this amendatory Act of the 102nd

20  General Assembly apply to all individuals released on

21  mandatory supervised release on or after December 6, 2022

22  (the effective date of Public Act 102-1104) this

23  amendatory Act of the 102nd General Assembly, including

24  those individuals whose sentences were imposed prior to

25  December 6, 2022 (the effective date of Public Act

26  102-1104) this amendatory Act of the 102nd General
    HB2690 Enrolled  - 188 - LRB104 07332 RLC 17372 b

1   Assembly;

2   (4) for defendants who commit the offense of predatory

3   criminal sexual assault of a child, aggravated criminal

4   sexual assault, or criminal sexual assault, on or after

5   December 13, 2005 (the effective date of Public Act

6   94-715), or who commit the offense of aggravated child

7   pornography under Section 11-20.1B, 11-20.3, or 11-20.1

8   with sentencing under subsection (c-5) of Section 11-20.1

9   of the Criminal Code of 1961 or the Criminal Code of 2012,

10  manufacture of child sexual abuse material pornography, or

11  dissemination of child sexual abuse material pornography

12  after January 1, 2009, or who commit the offense of

13  obscene depiction of a purported child under paragraph (2)

14  of subsection (b) of Section 11-20.4 of the Criminal Code

15  of 2012 or who commit the offense of obscene depiction of a

16  purported child with sentencing under subsection (d) of

17  Section 11-20.4 of the Criminal Code of 2012, the term of

18  mandatory supervised release shall range from a minimum of

19  3 years to a maximum of the natural life of the defendant;

20  (5) if the victim is under 18 years of age, for a

21  second or subsequent offense of aggravated criminal sexual

22  abuse or felony criminal sexual abuse, 4 years, at least

23  the first 2 years of which the defendant shall serve in an

24  electronic monitoring or home detention program under

25  Article 8A of Chapter V of this Code;

26  (6) for a felony domestic battery, aggravated domestic
    HB2690 Enrolled  - 189 - LRB104 07332 RLC 17372 b

1   battery, stalking, aggravated stalking, and a felony

2   violation of an order of protection, 4 years;

3   (7) for any felony described in paragraph (a)(2)(ii),

4   (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),

5   (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section

6   3-6-3 of the Unified Code of Corrections requiring an

7   inmate to serve a minimum of 85% of their court-imposed

8   sentence, except for the offenses of predatory criminal

9   sexual assault of a child, aggravated criminal sexual

10  assault, and criminal sexual assault if committed on or

11  after December 13, 2005 (the effective date of Public Act

12  94-715) and except for the offense of aggravated child

13  pornography under Section 11-20.1B, 11-20.3, or 11-20.1

14  with sentencing under subsection (c-5) of Section 11-20.1

15  of the Criminal Code of 1961 or the Criminal Code of 2012,

16  if committed on or after January 1, 2009, and except for

17  the offense of obscene depiction of a purported child with

18  sentencing under subsection (d) of Section 11-20.4 of the

19  Criminal Code of 2012, and except as provided in paragraph

20  (4) or paragraph (6) of this subsection (d), the term of

21  mandatory supervised release shall be as follows:

22  (A) Class X felony, 3 years;

23  (B) Class 1 or Class 2 felonies, 2 years;

24  (C) Class 3 or Class 4 felonies, 1 year.

25  (e) (Blank).

26  (f) (Blank).
    HB2690 Enrolled  - 190 - LRB104 07332 RLC 17372 b

1   (g) Notwithstanding any other provisions of this Act and

2 of Public Act 101-652: (i) the provisions of paragraph (3) of

3 subsection (d) are effective on July 1, 2022 and shall apply to

4 all individuals convicted on or after the effective date of

5 paragraph (3) of subsection (d); and (ii) the provisions of

6 paragraphs (1.5) and (2) of subsection (d) are effective on

7 July 1, 2021 and shall apply to all individuals convicted on or

8 after the effective date of paragraphs (1.5) and (2) of

9 subsection (d).

10 (Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21;

11 102-694, eff. 1-7-22; 102-1104, eff. 12-6-22; 103-51, eff.

12 1-1-24; 103-825, eff. 1-1-25; revised 10-24-24.)

13  (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)

14  Sec. 5-8-4. Concurrent and consecutive terms of

15 imprisonment.

16  (a) Concurrent terms; multiple or additional sentences.

17 When an Illinois court (i) imposes multiple sentences of

18 imprisonment on a defendant at the same time or (ii) imposes a

19 sentence of imprisonment on a defendant who is already subject

20 to a sentence of imprisonment imposed by an Illinois court, a

21 court of another state, or a federal court, then the sentences

22 shall run concurrently unless otherwise determined by the

23 Illinois court under this Section.

24  (b) Concurrent terms; misdemeanor and felony. A defendant

25 serving a sentence for a misdemeanor who is convicted of a
    HB2690 Enrolled   - 191 - LRB104 07332 RLC 17372 b

1 felony and sentenced to imprisonment shall be transferred to

2 the Department of Corrections, and the misdemeanor sentence

3 shall be merged in and run concurrently with the felony

4 sentence.

5   (c) Consecutive terms; permissive. The court may impose

6 consecutive sentences in any of the following circumstances:

7   (1) If, having regard to the nature and circumstances

8   of the offense and the history and character of the

9   defendant, it is the opinion of the court that consecutive

10  sentences are required to protect the public from further

11  criminal conduct by the defendant, the basis for which the

12  court shall set forth in the record.

13  (2) If one of the offenses for which a defendant was

14  convicted was a violation of Section 32-5.2 (aggravated

15  false personation of a peace officer) of the Criminal Code

16  of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision

17  (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of

18  1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the

19  offense was committed in attempting or committing a

20  forcible felony.

21  (3) If a person charged with a felony commits a

22  separate felony while on pretrial release or in pretrial

23  detention in a county jail facility or county detention

24  facility, then the sentences imposed upon conviction of

25  these felonies may be served consecutively regardless of

26  the order in which the judgments of conviction are
    HB2690 Enrolled          - 192 - LRB104 07332 RLC 17372 b

1   entered.

2   (4) If a person commits a battery against a county

3   correctional officer or sheriff's employee while serving a

4   sentence or in pretrial detention in a county jail

5   facility, then the sentence imposed upon conviction of the

6   battery may be served consecutively with the sentence

7   imposed upon conviction of the earlier misdemeanor or

8   felony, regardless of the order in which the judgments of

9   conviction are entered.

10  (5) If a person admitted to pretrial release following

11  conviction of a felony commits a separate felony while

12  released pretrial or if a person detained in a county jail

13  facility or county detention facility following conviction

14  of a felony commits a separate felony while in detention,

15  then any sentence following conviction of the separate

16  felony may be consecutive to that of the original sentence

17  for which the defendant was released pretrial or detained.

18  (6) If a person is found to be in possession of an item

19  of contraband, as defined in Section 31A-0.1 of the

20  Criminal Code of 2012, while serving a sentence in a

21  county jail or while in pretrial detention in a county

22  jail, the sentence imposed upon conviction for the offense

23  of possessing contraband in a penal institution may be

24  served consecutively to the sentence imposed for the

25  offense for which the person is serving a sentence in the

26  county jail or while in pretrial detention, regardless of
    HB2690 Enrolled  - 193 - LRB104 07332 RLC 17372 b

1   the order in which the judgments of conviction are

2   entered.

3   (7) If a person is sentenced for a violation of a

4   condition of pretrial release under Section 32-10 of the

5   Criminal Code of 1961 or the Criminal Code of 2012, any

6   sentence imposed for that violation may be served

7   consecutive to the sentence imposed for the charge for

8   which pretrial release had been granted and with respect

9   to which the defendant has been convicted.

10  (d) Consecutive terms; mandatory. The court shall impose

11 consecutive sentences in each of the following circumstances:

12  (1) One of the offenses for which the defendant was

13  convicted was first degree murder or a Class X or Class 1

14  felony and the defendant inflicted severe bodily injury.

15  (2) The defendant was convicted of a violation of

16  Section 11-1.20 or 12-13 (criminal sexual assault),

17  11-1.30 or 12-14 (aggravated criminal sexual assault), or

18  11-1.40 or 12-14.1 (predatory criminal sexual assault of a

19  child) of the Criminal Code of 1961 or the Criminal Code of

20  2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,

21  5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or

22  5/12-14.1).

23  (2.5) The defendant was convicted of a violation of

24  paragraph (1), (2), (3), (4), (5), or (7) of subsection

25  (a) of Section 11-20.1 (child sexual abuse material or

26  child pornography) or of paragraph (1), (2), (3), (4),
    HB2690 Enrolled  - 194 - LRB104 07332 RLC 17372 b

1   (5), or (7) of subsection (a) of Section 11-20.1B or

2   11-20.3 (aggravated child pornography) of the Criminal

3   Code of 1961 or the Criminal Code of 2012; or the defendant

4   was convicted of a violation of paragraph (6) of

5   subsection (a) of Section 11-20.1 (child sexual abuse

6   material or child pornography) or of paragraph (6) of

7   subsection (a) of Section 11-20.1B or 11-20.3 (aggravated

8   child pornography) of the Criminal Code of 1961 or the

9   Criminal Code of 2012, when the child depicted is under

10  the age of 13.

11  (2.6) The defendant was convicted of:

12  (A) a violation of paragraph (2) of subsection (b)

13  of Section 11-20.4 of the Criminal Code of 2012; or

14  (B) a violation of paragraph (1) of Section

15  11-20.4 of the Criminal Code of 2012 when the

16  purported child depicted is under the age of 13.

17  (3) The defendant was convicted of armed violence

18  based upon the predicate offense of any of the following:

19  solicitation of murder, solicitation of murder for hire,

20  heinous battery as described in Section 12-4.1 or

21  subdivision (a)(2) of Section 12-3.05, aggravated battery

22  of a senior citizen as described in Section 12-4.6 or

23  subdivision (a)(4) of Section 12-3.05, criminal sexual

24  assault, a violation of subsection (g) of Section 5 of the

25  Cannabis Control Act (720 ILCS 550/5), cannabis

26  trafficking, a violation of subsection (a) of Section 401
    HB2690 Enrolled  - 195 - LRB104 07332 RLC 17372 b

1   of the Illinois Controlled Substances Act (720 ILCS

2   570/401), controlled substance trafficking involving a

3   Class X felony amount of controlled substance under

4   Section 401 of the Illinois Controlled Substances Act (720

5   ILCS 570/401), a violation of the Methamphetamine Control

6   and Community Protection Act (720 ILCS 646/), calculated

7   criminal drug conspiracy, or streetgang criminal drug

8   conspiracy.

9   (4) The defendant was convicted of the offense of

10  leaving the scene of a motor vehicle crash involving death

11  or personal injuries under Section 11-401 of the Illinois

12  Vehicle Code (625 ILCS 5/11-401) and either: (A)

13  aggravated driving under the influence of alcohol, other

14  drug or drugs, or intoxicating compound or compounds, or

15  any combination thereof under Section 11-501 of the

16  Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless

17  homicide under Section 9-3 of the Criminal Code of 1961 or

18  the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an

19  offense described in item (A) and an offense described in

20  item (B).

21  (5) The defendant was convicted of a violation of

22  Section 9-3.1 or Section 9-3.4 (concealment of homicidal

23  death) or Section 12-20.5 (dismembering a human body) of

24  the Criminal Code of 1961 or the Criminal Code of 2012 (720

25  ILCS 5/9-3.1 or 5/12-20.5).

26  (5.5) The defendant was convicted of a violation of
    HB2690 Enrolled  - 196 - LRB104 07332 RLC 17372 b

1   Section 24-3.7 (use of a stolen firearm in the commission

2   of an offense) of the Criminal Code of 1961 or the Criminal

3   Code of 2012.

4   (6) If the defendant was in the custody of the

5   Department of Corrections at the time of the commission of

6   the offense, the sentence shall be served consecutive to

7   the sentence under which the defendant is held by the

8   Department of Corrections.

9   (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)

10  for escape or attempted escape shall be served consecutive

11  to the terms under which the offender is held by the

12  Department of Corrections.

13  (8) (Blank).

14  (8.5) (Blank).

15  (9) (Blank).

16  (10) (Blank).

17  (11) (Blank).

18  (e) Consecutive terms; subsequent non-Illinois term. If an

19 Illinois court has imposed a sentence of imprisonment on a

20 defendant and the defendant is subsequently sentenced to a

21 term of imprisonment by a court of another state or a federal

22 court, then the Illinois sentence shall run consecutively to

23 the sentence imposed by the court of the other state or the

24 federal court. That same Illinois court, however, may order

25 that the Illinois sentence run concurrently with the sentence

26 imposed by the court of the other state or the federal court,
    HB2690 Enrolled       - 197 - LRB104 07332 RLC 17372 b

1 but only if the defendant applies to that same Illinois court

2 within 30 days after the sentence imposed by the court of the

3 other state or the federal court is finalized.

4   (f) Consecutive terms; aggregate maximums and minimums.

5 The aggregate maximum and aggregate minimum of consecutive

6 sentences shall be determined as follows:

7   (1) For sentences imposed under law in effect prior to

8   February 1, 1978, the aggregate maximum of consecutive

9   sentences shall not exceed the maximum term authorized

10  under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of

11  Chapter V for the 2 most serious felonies involved. The

12  aggregate minimum period of consecutive sentences shall

13  not exceed the highest minimum term authorized under

14  Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter

15  V for the 2 most serious felonies involved. When sentenced

16  only for misdemeanors, a defendant shall not be

17  consecutively sentenced to more than the maximum for one

18  Class A misdemeanor.

19  (2) For sentences imposed under the law in effect on

20  or after February 1, 1978, the aggregate of consecutive

21  sentences for offenses that were committed as part of a

22  single course of conduct during which there was no

23  substantial change in the nature of the criminal objective

24  shall not exceed the sum of the maximum terms authorized

25  under Article 4.5 of Chapter V for the 2 most serious

26  felonies involved, but no such limitation shall apply for
    HB2690 Enrolled       - 198 - LRB104 07332 RLC 17372 b

1   offenses that were not committed as part of a single

2   course of conduct during which there was no substantial

3   change in the nature of the criminal objective. When

4   sentenced only for misdemeanors, a defendant shall not be

5   consecutively sentenced to more than the maximum for one

6   Class A misdemeanor.

7   (g) Consecutive terms; manner served. In determining the

8 manner in which consecutive sentences of imprisonment, one or

9 more of which is for a felony, will be served, the Department

10 of Corrections shall treat the defendant as though he or she

11 had been committed for a single term subject to each of the

12 following:

13  (1) The maximum period of a term of imprisonment shall

14  consist of the aggregate of the maximums of the imposed

15  indeterminate terms, if any, plus the aggregate of the

16  imposed determinate sentences for felonies, plus the

17  aggregate of the imposed determinate sentences for

18  misdemeanors, subject to subsection (f) of this Section.

19  (2) The parole or mandatory supervised release term

20  shall be as provided in paragraph (e) of Section 5-4.5-50

21  (730 ILCS 5/5-4.5-50) for the most serious of the offenses

22  involved.

23  (3) The minimum period of imprisonment shall be the

24  aggregate of the minimum and determinate periods of

25  imprisonment imposed by the court, subject to subsection

26  (f) of this Section.
    HB2690 Enrolled      - 199 - LRB104 07332 RLC 17372 b

1   (4) The defendant shall be awarded credit against the

2   aggregate maximum term and the aggregate minimum term of

3   imprisonment for all time served in an institution since

4   the commission of the offense or offenses and as a

5   consequence thereof at the rate specified in Section 3-6-3

6   (730 ILCS 5/3-6-3).

7   (h) Notwithstanding any other provisions of this Section,

8 all sentences imposed by an Illinois court under this Code

9 shall run concurrent to any and all sentences imposed under

10 the Juvenile Court Act of 1987.

11 (Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23;

12 102-1104, eff. 12-6-22; 103-825, eff. 1-1-25.)

13  (730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7)

14  Sec. 5-9-1.7. Sexual assault fines.

15  (a) Definitions. The terms used in this Section shall have

16 the following meanings ascribed to them:

17  (1) "Sexual assault" means the commission or attempted

18  commission of the following: sexual exploitation of a

19  child, criminal sexual assault, predatory criminal sexual

20  assault of a child, aggravated criminal sexual assault,

21  criminal sexual abuse, aggravated criminal sexual abuse,

22  indecent solicitation of a child, public indecency, sexual

23  relations within families, promoting juvenile

24  prostitution, soliciting for a juvenile prostitute,

25  keeping a place of juvenile prostitution, patronizing a
    HB2690 Enrolled         - 200 - LRB104 07332 RLC 17372 b

1   juvenile prostitute, juvenile pimping, exploitation of a

2   child, obscenity, child sexual abuse material pornography,

3   aggravated child pornography, harmful material, or

4   ritualized abuse of a child, as those offenses are defined

5   in the Criminal Code of 1961 or the Criminal Code of 2012.

6   (2) (Blank).

7   (3) "Sexual assault organization" means any

8   not-for-profit organization providing comprehensive,

9   community-based services to victims of sexual assault.

10  "Community-based services" include, but are not limited

11  to, direct crisis intervention through a 24-hour response,

12  medical and legal advocacy, counseling, information and

13  referral services, training, and community education.

14  (b) (Blank).

15  (c) Sexual Assault Services Fund; administration. There is

16 created a Sexual Assault Services Fund. Moneys deposited into

17 the Fund under Section 15-20 and 15-40 of the Criminal and

18 Traffic Assessment Act shall be appropriated to the Department

19 of Public Health. Upon appropriation of moneys from the Sexual

20 Assault Services Fund, the Department of Public Health shall

21 make grants of these moneys from the Fund to sexual assault

22 organizations with whom the Department has contracts for the

23 purpose of providing community-based services to victims of

24 sexual assault. Grants made under this Section are in addition

25 to, and are not substitutes for, other grants authorized and

26 made by the Department.
    HB2690 Enrolled       - 201 - LRB104 07332 RLC 17372 b

1 (Source: P.A. 100-987, eff. 7-1-19.)

2   (730 ILCS 5/5-9-1.8)

3   Sec. 5-9-1.8. Child sexual abuse material pornography

4 fines. Beginning July 1, 2006, 100% of the fines in excess of

5 $10,000 collected for violations of Section 11-20.1 of the

6 Criminal Code of 1961 or the Criminal Code of 2012 shall be

7 deposited into the Child Abuse Prevention Fund. Moneys in the

8 Fund resulting from the fines shall be for the use of the

9 Department of Children and Family Services for grants to

10 private entities giving treatment and counseling to victims of

11 child sexual abuse.

12 (Source: P.A. 102-1071, eff. 6-10-22.)

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:
    HB2690 Enrolled   - 202 - LRB104 07332 RLC 17372 b

1   (a) is convicted of such offense or an attempt to

2   commit such offense; or

3   (b) is found not guilty by reason of insanity of

4   such offense or an attempt to commit such offense; or

5   (c) is found not guilty by reason of insanity

6   pursuant to Section 104-25(c) of the Code of Criminal

7   Procedure of 1963 of such offense or an attempt to

8   commit such offense; or

9   (d) is the subject of a finding not resulting in an

10  acquittal at a hearing conducted pursuant to Section

11  104-25(a) of the Code of Criminal Procedure of 1963

12  for the alleged commission or attempted commission of

13  such offense; or

14  (e) is found not guilty by reason of insanity

15  following a hearing conducted pursuant to a federal,

16  Uniform Code of Military Justice, sister state, or

17  foreign country law substantially similar to Section

18  104-25(c) of the Code of Criminal Procedure of 1963 of

19  such offense or of the attempted commission of such

20  offense; or

21  (f) is the subject of a finding not resulting in an

22  acquittal at a hearing conducted pursuant to a

23  federal, Uniform Code of Military Justice, sister

24  state, or foreign country law substantially similar to

25  Section 104-25(a) of the Code of Criminal Procedure of

26  1963 for the alleged violation or attempted commission
    HB2690 Enrolled          - 203 - LRB104 07332 RLC 17372 b

1       of such offense; or

2       (2) declared as a sexually dangerous person pursuant

3   to the Illinois Sexually Dangerous Persons Act, or any

4   substantially similar federal, Uniform Code of Military

5   Justice, sister state, or foreign country law; or

6       (3) subject to the provisions of Section 2 of the

7   Interstate Agreements on Sexually Dangerous Persons Act;

8   or

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; or

13      (5) adjudicated a juvenile delinquent as the result of

14  committing or attempting to commit an act which, if

15  committed by an adult, would constitute any of the

16  offenses specified in item (B), (C), or (C-5) of this

17  Section or a violation of any substantially similar

18  federal, Uniform Code of Military Justice, sister state,

19  or foreign country law, or found guilty under Article V of

20  the Juvenile Court Act of 1987 of committing or attempting

21  to commit an act which, if committed by an adult, would

22  constitute any of the offenses specified in item (B), (C),

23  or (C-5) of this Section or a violation of any

24  substantially similar federal, Uniform Code of Military

25  Justice, sister state, or foreign country law.

26  Convictions that result from or are connected with the
    HB2690 Enrolled  - 204 - LRB104 07332 RLC 17372 b

1 same act, or result from offenses committed at the same time,

2 shall be counted for the purpose of this Article as one

3 conviction. Any conviction set aside pursuant to law is not a

4 conviction for purposes of this Article.

5   For purposes of this Section, "convicted" shall have the

6 same meaning as "adjudicated".

7   (B) As used in this Article, "sex offense" means:

8   (1) A violation of any of the following Sections of

9   the Criminal Code of 1961 or the Criminal Code of 2012:

10  11-20.1 (child sexual abuse material or child

11  pornography),

12  11-20.1B or 11-20.3 (aggravated child

13  pornography),

14  11-6 (indecent solicitation of a child),

15  11-9.1 (sexual exploitation of a child),

16  11-9.2 (custodial sexual misconduct),

17  11-9.5 (sexual misconduct with a person with a

18  disability),

19  11-14.4 (promoting juvenile prostitution),

20  11-15.1 (soliciting for a juvenile prostitute),

21  11-18.1 (patronizing a juvenile prostitute),

22  11-17.1 (keeping a place of juvenile

23  prostitution),

24  11-19.1 (juvenile pimping),

25  11-19.2 (exploitation of a child),

26  11-25 (grooming),
    HB2690 Enrolled  - 205 - LRB104 07332 RLC 17372 b

1   11-26 (traveling to meet a minor or traveling to

2   meet a child),

3   11-1.20 or 12-13 (criminal sexual assault),

4   11-1.30 or 12-14 (aggravated criminal sexual

5   assault),

6   11-1.40 or 12-14.1 (predatory criminal sexual

7   assault of a child),

8   11-1.50 or 12-15 (criminal sexual abuse),

9   11-1.60 or 12-16 (aggravated criminal sexual

10  abuse),

11  12-33 (ritualized abuse of a child).

12  An attempt to commit any of these offenses.

13  (1.5) A violation of any of the following Sections of

14  the Criminal Code of 1961 or the Criminal Code of 2012,

15  when the victim is a person under 18 years of age, the

16  defendant is not a parent of the victim, the offense was

17  sexually motivated as defined in Section 10 of the Sex

18  Offender Evaluation and Treatment Act, and the offense was

19  committed on or after January 1, 1996:

20  10-1 (kidnapping),

21  10-2 (aggravated kidnapping),

22  10-3 (unlawful restraint),

23  10-3.1 (aggravated unlawful restraint).

24  If the offense was committed before January 1, 1996,

25  it is a sex offense requiring registration only when the

26  person is convicted of any felony after July 1, 2011, and
    HB2690 Enrolled  - 206 - LRB104 07332 RLC 17372 b

1   paragraph (2.1) of subsection (c) of Section 3 of this Act

2   applies.

3   (1.6) First degree murder under Section 9-1 of the

4   Criminal Code of 1961 or the Criminal Code of 2012,

5   provided the offense was sexually motivated as defined in

6   Section 10 of the Sex Offender Management Board Act.

7   (1.7) (Blank).

8   (1.8) A violation or attempted violation of Section

9   11-11 (sexual relations within families) of the Criminal

10  Code of 1961 or the Criminal Code of 2012, and the offense

11  was committed on or after June 1, 1997. If the offense was

12  committed before June 1, 1997, it is a sex offense

13  requiring registration only when the person is convicted

14  of any felony after July 1, 2011, and paragraph (2.1) of

15  subsection (c) of Section 3 of this Act applies.

16  (1.9) Child abduction under paragraph (10) of

17  subsection (b) of Section 10-5 of the Criminal Code of

18  1961 or the Criminal Code of 2012 committed by luring or

19  attempting to lure a child under the age of 16 into a motor

20  vehicle, building, house trailer, or dwelling place

21  without the consent of the parent or lawful custodian of

22  the child for other than a lawful purpose and the offense

23  was committed on or after January 1, 1998, provided the

24  offense was sexually motivated as defined in Section 10 of

25  the Sex Offender Management Board Act. If the offense was

26  committed before January 1, 1998, it is a sex offense
    HB2690 Enrolled      - 207 - LRB104 07332 RLC 17372 b

1   requiring registration only when the person is convicted

2   of any felony after July 1, 2011, and paragraph (2.1) of

3   subsection (c) of Section 3 of this Act applies.

4   (1.10) A violation or attempted violation of any of

5   the following Sections of the Criminal Code of 1961 or the

6   Criminal Code of 2012 when the offense was committed on or

7   after July 1, 1999:

8   10-4 (forcible detention, if the victim is under

9   18 years of age), provided the offense was sexually

10  motivated as defined in Section 10 of the Sex Offender

11  Management Board Act,

12  11-6.5 (indecent solicitation of an adult),

13  11-14.3 that involves soliciting for a prostitute,

14  or 11-15 (soliciting for a prostitute, if the victim

15  is under 18 years of age),

16  subdivision (a)(2)(A) or (a)(2)(B) of Section

17  11-14.3, or Section 11-16 (pandering, if the victim is

18  under 18 years of age),

19  11-18 (patronizing a prostitute, if the victim is

20  under 18 years of age),

21  subdivision (a)(2)(C) of Section 11-14.3, or

22  Section 11-19 (pimping, if the victim is under 18

23  years of age).

24  If the offense was committed before July 1, 1999, it

25  is a sex offense requiring registration only when the

26  person is convicted of any felony after July 1, 2011, and
    HB2690 Enrolled         - 208 - LRB104 07332 RLC 17372 b

1   paragraph (2.1) of subsection (c) of Section 3 of this Act

2   applies.

3   (1.11) A violation or attempted violation of any of

4   the following Sections of the Criminal Code of 1961 or the

5   Criminal Code of 2012 when the offense was committed on or

6   after August 22, 2002:

7   11-9 or 11-30 (public indecency for a third or

8   subsequent conviction).

9   If the third or subsequent conviction was imposed

10  before August 22, 2002, it is a sex offense requiring

11  registration only when the person is convicted of any

12  felony after July 1, 2011, and paragraph (2.1) of

13  subsection (c) of Section 3 of this Act applies.

14  (1.12) A violation or attempted violation of Section

15  5.1 of the Wrongs to Children Act or Section 11-9.1A of the

16  Criminal Code of 1961 or the Criminal Code of 2012

17  (permitting sexual abuse) when the offense was committed

18  on or after August 22, 2002. If the offense was committed

19  before August 22, 2002, it is a sex offense requiring

20  registration only when the person is convicted of any

21  felony after July 1, 2011, and paragraph (2.1) of

22  subsection (c) of Section 3 of this Act applies.

23  (2) A violation of any former law of this State

24  substantially equivalent to any offense listed in

25  subsection (B) of this Section.

26  (C) A conviction for an offense of federal law, Uniform
    HB2690 Enrolled           - 209 - LRB104 07332 RLC 17372 b

1 Code of Military Justice, or the law of another state or a

2 foreign country that is substantially equivalent to any

3 offense listed in subsections (B), (C), (E), and (E-5) of this

4 Section shall constitute a conviction for the purpose of this

5 Article. A finding or adjudication as a sexually dangerous

6 person or a sexually violent person under any federal law,

7 Uniform Code of Military Justice, or the law of another state

8 or foreign country that is substantially equivalent to the

9 Sexually Dangerous Persons Act or the Sexually Violent Persons

10 Commitment Act shall constitute an adjudication for the

11 purposes of this Article.

12  (C-5) A person at least 17 years of age at the time of the

13 commission of the offense who is convicted of first degree

14 murder under Section 9-1 of the Criminal Code of 1961 or the

15 Criminal Code of 2012, against a person under 18 years of age,

16 shall be required to register for natural life. A conviction

17 for an offense of federal, Uniform Code of Military Justice,

18 sister state, or foreign country law that is substantially

19 equivalent to any offense listed in subsection (C-5) of this

20 Section shall constitute a conviction for the purpose of this

21 Article. This subsection (C-5) applies to a person who

22 committed the offense before June 1, 1996 if: (i) the person is

23 incarcerated in an Illinois Department of Corrections facility

24 on August 20, 2004 (the effective date of Public Act 93-977),

25 or (ii) subparagraph (i) does not apply and the person is

26 convicted of any felony after July 1, 2011, and paragraph
    HB2690 Enrolled       - 210 - LRB104 07332 RLC 17372 b

1 (2.1) of subsection (c) of Section 3 of this Act applies.

2   (C-6) A person who is convicted or adjudicated delinquent

3 of first degree murder as defined in Section 9-1 of the

4 Criminal Code of 1961 or the Criminal Code of 2012, against a

5 person 18 years of age or over, shall be required to register

6 for his or her natural life. A conviction for an offense of

7 federal, Uniform Code of Military Justice, sister state, or

8 foreign country law that is substantially equivalent to any

9 offense listed in subsection (C-6) of this Section shall

10 constitute a conviction for the purpose of this Article. This

11 subsection (C-6) does not apply to those individuals released

12 from incarceration more than 10 years prior to January 1, 2012

13 (the effective date of Public Act 97-154).

14  (D) As used in this Article, "law enforcement agency

15 having jurisdiction" means the Chief of Police in each of the

16 municipalities in which the sex offender expects to reside,

17 work, or attend school (1) upon his or her discharge, parole or

18 release or (2) during the service of his or her sentence of

19 probation or conditional discharge, or the Sheriff of the

20 county, in the event no Police Chief exists or if the offender

21 intends to reside, work, or attend school in an unincorporated

22 area. "Law enforcement agency having jurisdiction" includes

23 the location where out-of-state students attend school and

24 where out-of-state employees are employed or are otherwise

25 required to register.

26  (D-1) As used in this Article, "supervising officer" means
    HB2690 Enrolled  - 211 - LRB104 07332 RLC 17372 b

1 the assigned Illinois Department of Corrections parole agent

2 or county probation officer.

3   (E) As used in this Article, "sexual predator" means any

4 person who, after July 1, 1999, is:

5   (1) Convicted for an offense of federal, Uniform Code

6   of Military Justice, sister state, or foreign country law

7   that is substantially equivalent to any offense listed in

8   subsection (E) or (E-5) of this Section shall constitute a

9   conviction for the purpose of this Article. Convicted of a

10  violation or attempted violation of any of the following

11  Sections of the Criminal Code of 1961 or the Criminal Code

12  of 2012:

13            10-5.1 (luring of a minor),

14            11-14.4 that involves keeping a place of juvenile

15  prostitution, or 11-17.1 (keeping a place of juvenile

16  prostitution),

17            subdivision (a)(2) or (a)(3) of Section 11-14.4,

18  or Section 11-19.1 (juvenile pimping),

19            subdivision (a)(4) of Section 11-14.4, or Section

20  11-19.2 (exploitation of a child),

21            11-20.1 (child sexual abuse material or child

22  pornography),

23            11-20.1B or 11-20.3 (aggravated child

24  pornography),

25            11-1.20 or 12-13 (criminal sexual assault),

26            11-1.30 or 12-14 (aggravated criminal sexual
    HB2690 Enrolled          - 212 - LRB104 07332 RLC 17372 b

1   assault),

2   11-1.40 or 12-14.1 (predatory criminal sexual

3   assault of a child),

4   11-1.60 or 12-16 (aggravated criminal sexual

5   abuse),

6   12-33 (ritualized abuse of a child);

7   (2) (blank);

8   (3) declared as a sexually dangerous person pursuant

9   to the Sexually Dangerous Persons Act or any substantially

10  similar federal, Uniform Code of Military Justice, sister

11  state, or foreign country law;

12  (4) found to be a sexually violent person pursuant to

13  the Sexually Violent Persons Commitment Act or any

14  substantially similar federal, Uniform Code of Military

15  Justice, sister state, or foreign country law;

16  (5) convicted of a second or subsequent offense which

17  requires registration pursuant to this Act. For purposes

18  of this paragraph (5), "convicted" shall include a

19  conviction under any substantially similar Illinois,

20  federal, Uniform Code of Military Justice, sister state,

21  or foreign country law;

22  (6) (blank); or

23  (7) if the person was convicted of an offense set

24  forth in this subsection (E) on or before July 1, 1999, the

25  person is a sexual predator for whom registration is

26  required only when the person is convicted of a felony
    HB2690 Enrolled      - 213 - LRB104 07332 RLC 17372 b

1   offense after July 1, 2011, and paragraph (2.1) of

2   subsection (c) of Section 3 of this Act applies.

3   (E-5) As used in this Article, "sexual predator" also

4 means a person convicted of a violation or attempted violation

5 of any of the following Sections of the Criminal Code of 1961

6 or the Criminal Code of 2012:

7   (1) Section 9-1 (first degree murder, when the victim

8   was a person under 18 years of age and the defendant was at

9   least 17 years of age at the time of the commission of the

10  offense, provided the offense was sexually motivated as

11  defined in Section 10 of the Sex Offender Management Board

12  Act);

13  (2) Section 11-9.5 (sexual misconduct with a person

14  with a disability);

15  (3) when the victim is a person under 18 years of age,

16  the defendant is not a parent of the victim, the offense

17  was sexually motivated as defined in Section 10 of the Sex

18  Offender Management Board Act, and the offense was

19  committed on or after January 1, 1996: (A) Section 10-1

20  (kidnapping), (B) Section 10-2 (aggravated kidnapping),

21  (C) Section 10-3 (unlawful restraint), and (D) Section

22  10-3.1 (aggravated unlawful restraint); and

23  (4) Section 10-5(b)(10) (child abduction committed by

24  luring or attempting to lure a child under the age of 16

25  into a motor vehicle, building, house trailer, or dwelling

26  place without the consent of the parent or lawful
    HB2690 Enrolled  - 214 - LRB104 07332 RLC 17372 b

1   custodian of the child for other than a lawful purpose and

2   the offense was committed on or after January 1, 1998,

3   provided the offense was sexually motivated as defined in

4   Section 10 of the Sex Offender Management Board Act).

5   (E-10) As used in this Article, "sexual predator" also

6 means a person required to register in another State due to a

7 conviction, adjudication or other action of any court

8 triggering an obligation to register as a sex offender, sexual

9 predator, or substantially similar status under the laws of

10 that State.

11  (F) As used in this Article, "out-of-state student" means

12 any sex offender, as defined in this Section, or sexual

13 predator who is enrolled in Illinois, on a full-time or

14 part-time basis, in any public or private educational

15 institution, including, but not limited to, any secondary

16 school, trade or professional institution, or institution of

17 higher learning.

18  (G) As used in this Article, "out-of-state employee" means

19 any sex offender, as defined in this Section, or sexual

20 predator who works in Illinois, regardless of whether the

21 individual receives payment for services performed, for a

22 period of time of 10 or more days or for an aggregate period of

23 time of 30 or more days during any calendar year. Persons who

24 operate motor vehicles in the State accrue one day of

25 employment time for any portion of a day spent in Illinois.

26  (H) As used in this Article, "school" means any public or
    HB2690 Enrolled    - 215 - LRB104 07332 RLC 17372 b

1 private educational institution, including, but not limited

2 to, any elementary or secondary school, trade or professional

3 institution, or institution of higher education.

4   (I) As used in this Article, "fixed residence" means any

5 and all places that a sex offender resides for an aggregate

6 period of time of 5 or more days in a calendar year.

7   (J) As used in this Article, "Internet protocol address"

8 means the string of numbers by which a location on the Internet

9 is identified by routers or other computers connected to the

10 Internet.

11 (Source: P.A. 100-428, eff. 1-1-18.)

12  Section 75. The Trafficking Victims Protection Act is

13 amended by changing Section 10 as follows:

14  (740 ILCS 128/10)

15  Sec. 10. Definitions. As used in this Act:

16  "Human trafficking" means a violation or attempted

17 violation of subsection (d) of Section 10-9 of the Criminal

18 Code of 2012.

19  "Involuntary servitude" means a violation or attempted

20 violation of subsection (b) of Section 10-9 of the Criminal

21 Code of 2012.

22  "Sex trade" means a violation or attempted violation of

23 any of the following Sections of the Criminal Code of 1961 or

24 the Criminal Code of 2012: 11-14.3 (promoting prostitution);
    HB2690 Enrolled  - 216 - LRB104 07332 RLC 17372 b

1 11-14.4 (promoting juvenile prostitution); 11-15 (soliciting

2 for a prostitute); 11-15.1 (soliciting for a juvenile

3 prostitute); 11-16 (pandering); 11-17 (keeping a place of

4 prostitution); 11-17.1 (keeping a place of juvenile

5 prostitution); 11-19 (pimping); 11-19.1 (juvenile pimping and

6 aggravated juvenile pimping); 11-19.2 (exploitation of a

7 child); 11-20 (obscenity); 11-20.1 (child sexual abuse

8 material pornography); 11-20.1B or 11-20.3 (aggravated child

9 pornography); or subsection (c) of Section 10-9 (involuntary

10 sexual servitude of a minor).

11  "Sex trade" activity may involve adults and youth of all

12 genders and sexual orientations.

13  "Victim of the sex trade" means, for the following sex

14 trade acts, the person or persons indicated:

15  (1) soliciting for a prostitute: the prostitute who is

16  the object of the solicitation;

17  (2) soliciting for a juvenile prostitute: the juvenile

18  prostitute, or person with a severe or profound

19  intellectual disability, who is the object of the

20  solicitation;

21  (3) promoting prostitution as described in subdivision

22  (a)(2)(A) or (a)(2)(B) of Section 11-14.3 of the Criminal

23  Code of 1961 or the Criminal Code of 2012, or pandering:

24  the person intended or compelled to act as a prostitute;

25  (4) keeping a place of prostitution: any person

26  intended or compelled to act as a prostitute, while
    HB2690 Enrolled  - 217 - LRB104 07332 RLC 17372 b

1   present at the place, during the time period in question;

2   (5) keeping a place of juvenile prostitution: any

3   juvenile intended or compelled to act as a prostitute,

4   while present at the place, during the time period in

5   question;

6   (6) promoting prostitution as described in subdivision

7   (a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961

8   or the Criminal Code of 2012, or pimping: the prostitute

9   from whom anything of value is received;

10  (7) promoting juvenile prostitution as described in

11  subdivision (a)(2) or (a)(3) of Section 11-14.4 of the

12  Criminal Code of 1961 or the Criminal Code of 2012, or

13  juvenile pimping and aggravated juvenile pimping: the

14  juvenile, or person with a severe or profound intellectual

15  disability, from whom anything of value is received for

16  that person's act of prostitution;

17  (8) promoting juvenile prostitution as described in

18  subdivision (a)(4) of Section 11-14.4 of the Criminal Code

19  of 1961 or the Criminal Code of 2012, or exploitation of a

20  child: the juvenile, or person with a severe or profound

21  intellectual disability, intended or compelled to act as a

22  prostitute or from whom anything of value is received for

23  that person's act of prostitution;

24  (9) obscenity: any person who appears in or is

25  described or depicted in the offending conduct or

26  material;
   HB2690 Enrolled  - 218 - LRB104 07332 RLC 17372 b

1  (10) child sexual abuse material pornography or

2  aggravated child pornography: any child, or person with a

3  severe or profound intellectual disability, who appears in

4  or is described or depicted in the offending conduct or

5  material; or

6  (11) involuntary sexual servitude of a minor as

7  defined in subsection (c) of Section 10-9 of the Criminal

8  Code of 1961 or the Criminal Code of 2012.

9 (Source: P.A. 99-143, eff. 7-27-15; 100-939, eff. 1-1-19.)
   HB2690 Enrolled     - 219 - LRB104 07332 RLC 17372 b

1                      INDEX

2  Statutes amended in order of appearance

 3 20 ILCS 4026/10     from Ch. 23, par. 2061.1
 4 110 ILCS 57/5       from Ch. 23, par. 2083
 5 225 ILCS 10/3.3     from Ch. 23, par. 2252
 6 325 ILCS 5/4.5
 7 325 ILCS 5/11.1     from Ch. 38, par. 3-5
 8 325 ILCS 15/3       from Ch. 38, par. 3-6
 9 325 ILCS 40/2       from Ch. 38, par. 11-9.1
10 325 ILCS 47/10      from Ch. 38, par. 11-20.1
11 705 ILCS 135/15-70  from Ch. 38, par. 11-20.2
12 705 ILCS 405/3-40
13 720 ILCS 5/3-5      from Ch. 38, par. 36-1
14 720 ILCS 5/3-6      from Ch. 38, par. 115-7
15 720 ILCS 5/11-0.1
16 720 ILCS 5/11-9.1
17 720 ILCS 5/11-9.3
18 720 ILCS 5/11-20.1
19 720 ILCS 5/11-20.2
20 720 ILCS 5/11-23
21 720 ILCS 5/11-25
22 720 ILCS 5/14-3
23 720 ILCS 5/36-1
24 725 ILCS 5/106B-10
25 725 ILCS 5/115-7
           HB2690 Enrolled   - 220 - LRB104 07332 RLC 17372 b

 1 725 ILCS 5/115-7.3       from Ch. 38, par. 1702
 2 725 ILCS 5/124B-10       from Ch. 38, par. 1703
 3 725 ILCS 5/124B-100      from Ch. 38, par. 1003-1-2
 4 725 ILCS 5/124B-420
 5 725 ILCS 5/124B-500      from Ch. 38, par. 1005-8-1
 6 725 ILCS 215/2           from Ch. 38, par. 1005-8-4
 7 725 ILCS 215/3           from Ch. 38, par. 1005-9-1.7
 8 730 ILCS 5/3-1-2         from Ch. 38, par. 222
 9 730 ILCS 5/5-5-3
10 730 ILCS 5/5-5-3.2
11 730 ILCS 5/5-8-1
12 730 ILCS 5/5-8-4
13 730 ILCS 5/5-9-1.7
14 730 ILCS 5/5-9-1.8
15 730 ILCS 150/2
16 740 ILCS 128/10
Every fact on this page links to its source, starting with the official bill record.