Illinois 2023-2024 Regular Session

Illinois House Bill HB5556 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5556 Introduced , by Rep. Mary Gill SYNOPSIS AS INTRODUCED: See Index Amends the Criminal Code of 2012. Provides that a person commits the offense of trafficking in persons when the person knowingly: (1) maintains by any means, or attempts to recruit, entice, harbor, transport, provide, obtain, advertise or maintain by any means, another person, intending or knowing that the person will be subjected to prostitution or a commercial sex act; or (2) recruits, entices, harbors, transports, provides, obtains, advertises, or maintains by any means, or attempts to recruit, entice, harbor, transport, provide, obtain, advertise or maintain by any means, another person, intending or knowing that the person will be subjected to prostitution or a commercial sex act as a result of coercion. Provides that in determining sentences for human trafficking within statutory maximums, the sentencing court may provide for substantially increased sentences in cases involving more than 5 (rather than 10) victims. Changes the name of the offense of promoting prostitution to promoting or facilitating prostitution. Provides that a person commits the offense if the person: (1) owns, manages, or operates an interactive computer service or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person; or (2) owns, manages, or operates an interactive computer service or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person; and (A) promotes or facilitates the prostitution of 5 or more persons; or (B) acts in reckless disregard of the fact that such conduct contributed to sex trafficking in violation of the trafficking in persons law. Defines "interactive computer service". Amends various other Acts to make conforming changes. LRB103 38752 RLC 68889 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5556 Introduced , by Rep. Mary Gill SYNOPSIS AS INTRODUCED: See Index See Index Amends the Criminal Code of 2012. Provides that a person commits the offense of trafficking in persons when the person knowingly: (1) maintains by any means, or attempts to recruit, entice, harbor, transport, provide, obtain, advertise or maintain by any means, another person, intending or knowing that the person will be subjected to prostitution or a commercial sex act; or (2) recruits, entices, harbors, transports, provides, obtains, advertises, or maintains by any means, or attempts to recruit, entice, harbor, transport, provide, obtain, advertise or maintain by any means, another person, intending or knowing that the person will be subjected to prostitution or a commercial sex act as a result of coercion. Provides that in determining sentences for human trafficking within statutory maximums, the sentencing court may provide for substantially increased sentences in cases involving more than 5 (rather than 10) victims. Changes the name of the offense of promoting prostitution to promoting or facilitating prostitution. Provides that a person commits the offense if the person: (1) owns, manages, or operates an interactive computer service or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person; or (2) owns, manages, or operates an interactive computer service or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person; and (A) promotes or facilitates the prostitution of 5 or more persons; or (B) acts in reckless disregard of the fact that such conduct contributed to sex trafficking in violation of the trafficking in persons law. Defines "interactive computer service". Amends various other Acts to make conforming changes. LRB103 38752 RLC 68889 b LRB103 38752 RLC 68889 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5556 Introduced , by Rep. Mary Gill SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Criminal Code of 2012. Provides that a person commits the offense of trafficking in persons when the person knowingly: (1) maintains by any means, or attempts to recruit, entice, harbor, transport, provide, obtain, advertise or maintain by any means, another person, intending or knowing that the person will be subjected to prostitution or a commercial sex act; or (2) recruits, entices, harbors, transports, provides, obtains, advertises, or maintains by any means, or attempts to recruit, entice, harbor, transport, provide, obtain, advertise or maintain by any means, another person, intending or knowing that the person will be subjected to prostitution or a commercial sex act as a result of coercion. Provides that in determining sentences for human trafficking within statutory maximums, the sentencing court may provide for substantially increased sentences in cases involving more than 5 (rather than 10) victims. Changes the name of the offense of promoting prostitution to promoting or facilitating prostitution. Provides that a person commits the offense if the person: (1) owns, manages, or operates an interactive computer service or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person; or (2) owns, manages, or operates an interactive computer service or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person; and (A) promotes or facilitates the prostitution of 5 or more persons; or (B) acts in reckless disregard of the fact that such conduct contributed to sex trafficking in violation of the trafficking in persons law. Defines "interactive computer service". Amends various other Acts to make conforming changes.
6	6	LRB103 38752 RLC 68889 b LRB103 38752 RLC 68889 b
7	7	LRB103 38752 RLC 68889 b
8	8	A BILL FOR
9	9	HB5556LRB103 38752 RLC 68889 b HB5556 LRB103 38752 RLC 68889 b
10	10	HB5556 LRB103 38752 RLC 68889 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Liquor Control Act of 1934 is amended by
15	15	5 changing Section 6-2 as follows:
16	16	6 (235 ILCS 5/6-2) (from Ch. 43, par. 120)
17	17	7 Sec. 6-2. Issuance of licenses to certain persons
18	18	8 prohibited.
19	19	9 (a) Except as otherwise provided in subsection (b) of this
20	20	10 Section and in paragraph (1) of subsection (a) of Section
21	21	11 3-12, no license of any kind issued by the State Commission or
22	22	12 any local commission shall be issued to:
23	23	13 (1) A person who is not a resident of any city, village
24	24	14 or county in which the premises covered by the license are
25	25	15 located; except in case of railroad or boat licenses.
26	26	16 (2) A person who is not of good character and
27	27	17 reputation in the community in which he resides.
28	28	18 (3) (Blank).
29	29	19 (4) A person who has been convicted of a felony under
30	30	20 any Federal or State law, unless the Commission determines
31	31	21 that such person will not be impaired by the conviction in
32	32	22 engaging in the licensed practice after considering
33	33	23 matters set forth in such person's application in
34	34
35	35
36	36
37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5556 Introduced , by Rep. Mary Gill SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Amends the Criminal Code of 2012. Provides that a person commits the offense of trafficking in persons when the person knowingly: (1) maintains by any means, or attempts to recruit, entice, harbor, transport, provide, obtain, advertise or maintain by any means, another person, intending or knowing that the person will be subjected to prostitution or a commercial sex act; or (2) recruits, entices, harbors, transports, provides, obtains, advertises, or maintains by any means, or attempts to recruit, entice, harbor, transport, provide, obtain, advertise or maintain by any means, another person, intending or knowing that the person will be subjected to prostitution or a commercial sex act as a result of coercion. Provides that in determining sentences for human trafficking within statutory maximums, the sentencing court may provide for substantially increased sentences in cases involving more than 5 (rather than 10) victims. Changes the name of the offense of promoting prostitution to promoting or facilitating prostitution. Provides that a person commits the offense if the person: (1) owns, manages, or operates an interactive computer service or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person; or (2) owns, manages, or operates an interactive computer service or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person; and (A) promotes or facilitates the prostitution of 5 or more persons; or (B) acts in reckless disregard of the fact that such conduct contributed to sex trafficking in violation of the trafficking in persons law. Defines "interactive computer service". Amends various other Acts to make conforming changes.
41	41	LRB103 38752 RLC 68889 b LRB103 38752 RLC 68889 b
42	42	LRB103 38752 RLC 68889 b
43	43	A BILL FOR
44	44
45	45
46	46
47	47
48	48
49	49	See Index
50	50
51	51
52	52
53	53	LRB103 38752 RLC 68889 b
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63	HB5556 LRB103 38752 RLC 68889 b
64	64
65	65
66	66	HB5556- 2 -LRB103 38752 RLC 68889 b HB5556 - 2 - LRB103 38752 RLC 68889 b
67	67	HB5556 - 2 - LRB103 38752 RLC 68889 b
68	68	1 accordance with Section 6-2.5 of this Act and the
69	69	2 Commission's investigation.
70	70	3 (5) A person who has been convicted of keeping a place
71	71	4 of prostitution or keeping a place of juvenile
72	72	5 prostitution, promoting or facilitating prostitution that
73	73	6 involves keeping a place of prostitution, or promoting
74	74	7 juvenile prostitution that involves keeping a place of
75	75	8 juvenile prostitution.
76	76	9 (6) A person who has been convicted of pandering.
77	77	10 (7) A person whose license issued under this Act has
78	78	11 been revoked for cause.
79	79	12 (8) A person who at the time of application for
80	80	13 renewal of any license issued hereunder would not be
81	81	14 eligible for such license upon a first application.
82	82	15 (9) A copartnership, if any general partnership
83	83	16 thereof, or any limited partnership thereof, owning more
84	84	17 than 5% of the aggregate limited partner interest in such
85	85	18 copartnership would not be eligible to receive a license
86	86	19 hereunder for any reason other than residence within the
87	87	20 political subdivision, unless residency is required by
88	88	21 local ordinance.
89	89	22 (10) A corporation or limited liability company, if
90	90	23 any member, officer, manager or director thereof, or any
91	91	24 stockholder or stockholders owning in the aggregate more
92	92	25 than 5% of the stock of such corporation, would not be
93	93	26 eligible to receive a license hereunder for any reason
94	94
95	95
96	96
97	97
98	98
99	99	HB5556 - 2 - LRB103 38752 RLC 68889 b
100	100
101	101
102	102	HB5556- 3 -LRB103 38752 RLC 68889 b HB5556 - 3 - LRB103 38752 RLC 68889 b
103	103	HB5556 - 3 - LRB103 38752 RLC 68889 b
104	104	1 other than residence within the political subdivision.
105	105	2 (10a) A corporation or limited liability company
106	106	3 unless it is incorporated or organized in Illinois, or
107	107	4 unless it is a foreign corporation or foreign limited
108	108	5 liability company which is qualified under the Business
109	109	6 Corporation Act of 1983 or the Limited Liability Company
110	110	7 Act to transact business in Illinois. The Commission shall
111	111	8 permit and accept from an applicant for a license under
112	112	9 this Act proof prepared from the Secretary of State's
113	113	10 website that the corporation or limited liability company
114	114	11 is in good standing and is qualified under the Business
115	115	12 Corporation Act of 1983 or the Limited Liability Company
116	116	13 Act to transact business in Illinois.
117	117	14 (11) A person whose place of business is conducted by
118	118	15 a manager or agent unless the manager or agent possesses
119	119	16 the same qualifications required by the licensee.
120	120	17 (12) A person who has been convicted of a violation of
121	121	18 any Federal or State law concerning the manufacture,
122	122	19 possession or sale of alcoholic liquor, subsequent to the
123	123	20 passage of this Act or has forfeited his bond to appear in
124	124	21 court to answer charges for any such violation, unless the
125	125	22 Commission determines, in accordance with Section 6-2.5 of
126	126	23 this Act, that the person will not be impaired by the
127	127	24 conviction in engaging in the licensed practice.
128	128	25 (13) A person who does not beneficially own the
129	129	26 premises for which a license is sought, or does not have a
130	130
131	131
132	132
133	133
134	134
135	135	HB5556 - 3 - LRB103 38752 RLC 68889 b
136	136
137	137
138	138	HB5556- 4 -LRB103 38752 RLC 68889 b HB5556 - 4 - LRB103 38752 RLC 68889 b
139	139	HB5556 - 4 - LRB103 38752 RLC 68889 b
140	140	1 lease thereon for the full period for which the license is
141	141	2 to be issued.
142	142	3 (14) Any law enforcing public official, including
143	143	4 members of local liquor control commissions, any mayor,
144	144	5 alderperson, or member of the city council or commission,
145	145	6 any president of the village board of trustees, any member
146	146	7 of a village board of trustees, or any president or member
147	147	8 of a county board; and no such official shall have a direct
148	148	9 interest in the manufacture, sale, or distribution of
149	149	10 alcoholic liquor, except that a license may be granted to
150	150	11 such official in relation to premises that are not located
151	151	12 within the territory subject to the jurisdiction of that
152	152	13 official if the issuance of such license is approved by
153	153	14 the State Liquor Control Commission and except that a
154	154	15 license may be granted, in a city or village with a
155	155	16 population of 55,000 or less, to any alderperson, member
156	156	17 of a city council, or member of a village board of trustees
157	157	18 in relation to premises that are located within the
158	158	19 territory subject to the jurisdiction of that official if
159	159	20 (i) the sale of alcoholic liquor pursuant to the license
160	160	21 is incidental to the selling of food, (ii) the issuance of
161	161	22 the license is approved by the State Commission, (iii) the
162	162	23 issuance of the license is in accordance with all
163	163	24 applicable local ordinances in effect where the premises
164	164	25 are located, and (iv) the official granted a license does
165	165	26 not vote on alcoholic liquor issues pending before the
166	166
167	167
168	168
169	169
170	170
171	171	HB5556 - 4 - LRB103 38752 RLC 68889 b
172	172
173	173
174	174	HB5556- 5 -LRB103 38752 RLC 68889 b HB5556 - 5 - LRB103 38752 RLC 68889 b
175	175	HB5556 - 5 - LRB103 38752 RLC 68889 b
176	176	1 board or council to which the license holder is elected.
177	177	2 Notwithstanding any provision of this paragraph (14) to
178	178	3 the contrary, an alderperson or member of a city council
179	179	4 or commission, a member of a village board of trustees
180	180	5 other than the president of the village board of trustees,
181	181	6 or a member of a county board other than the president of a
182	182	7 county board may have a direct interest in the
183	183	8 manufacture, sale, or distribution of alcoholic liquor as
184	184	9 long as he or she is not a law enforcing public official, a
185	185	10 mayor, a village board president, or president of a county
186	186	11 board. To prevent any conflict of interest, the elected
187	187	12 official with the direct interest in the manufacture,
188	188	13 sale, or distribution of alcoholic liquor shall not
189	189	14 participate in any meetings, hearings, or decisions on
190	190	15 matters impacting the manufacture, sale, or distribution
191	191	16 of alcoholic liquor. Furthermore, the mayor of a city with
192	192	17 a population of 55,000 or less or the president of a
193	193	18 village with a population of 55,000 or less may have an
194	194	19 interest in the manufacture, sale, or distribution of
195	195	20 alcoholic liquor as long as the council or board over
196	196	21 which he or she presides has made a local liquor control
197	197	22 commissioner appointment that complies with the
198	198	23 requirements of Section 4-2 of this Act.
199	199	24 (15) A person who is not a beneficial owner of the
200	200	25 business to be operated by the licensee.
201	201	26 (16) A person who has been convicted of a gambling
202	202
203	203
204	204
205	205
206	206
207	207	HB5556 - 5 - LRB103 38752 RLC 68889 b
208	208
209	209
210	210	HB5556- 6 -LRB103 38752 RLC 68889 b HB5556 - 6 - LRB103 38752 RLC 68889 b
211	211	HB5556 - 6 - LRB103 38752 RLC 68889 b
212	212	1 offense as proscribed by any of subsections (a) (3)
213	213	2 through (a) (11) of Section 28-1 of, or as proscribed by
214	214	3 Section 28-1.1 or 28-3 of, the Criminal Code of 1961 or the
215	215	4 Criminal Code of 2012, or as proscribed by a statute
216	216	5 replaced by any of the aforesaid statutory provisions.
217	217	6 (17) A person or entity to whom a federal wagering
218	218	7 stamp has been issued by the federal government, unless
219	219	8 the person or entity is eligible to be issued a license
220	220	9 under the Raffles and Poker Runs Act or the Illinois Pull
221	221	10 Tabs and Jar Games Act.
222	222	11 (18) A person who intends to sell alcoholic liquors
223	223	12 for use or consumption on his or her licensed retail
224	224	13 premises who does not have liquor liability insurance
225	225	14 coverage for that premises in an amount that is at least
226	226	15 equal to the maximum liability amounts set out in
227	227	16 subsection (a) of Section 6-21.
228	228	17 (19) A person who is licensed by any licensing
229	229	18 authority as a manufacturer of beer, or any partnership,
230	230	19 corporation, limited liability company, or trust or any
231	231	20 subsidiary, affiliate, or agent thereof, or any other form
232	232	21 of business enterprise licensed as a manufacturer of beer,
233	233	22 having any legal, equitable, or beneficial interest,
234	234	23 directly or indirectly, in a person licensed in this State
235	235	24 as a distributor or importing distributor. For purposes of
236	236	25 this paragraph (19), a person who is licensed by any
237	237	26 licensing authority as a "manufacturer of beer" shall also
238	238
239	239
240	240
241	241
242	242
243	243	HB5556 - 6 - LRB103 38752 RLC 68889 b
244	244
245	245
246	246	HB5556- 7 -LRB103 38752 RLC 68889 b HB5556 - 7 - LRB103 38752 RLC 68889 b
247	247	HB5556 - 7 - LRB103 38752 RLC 68889 b
248	248	1 mean a brewer and a non-resident dealer who is also a
249	249	2 manufacturer of beer, including a partnership,
250	250	3 corporation, limited liability company, or trust or any
251	251	4 subsidiary, affiliate, or agent thereof, or any other form
252	252	5 of business enterprise licensed as a manufacturer of beer.
253	253	6 (20) A person who is licensed in this State as a
254	254	7 distributor or importing distributor, or any partnership,
255	255	8 corporation, limited liability company, or trust or any
256	256	9 subsidiary, affiliate, or agent thereof, or any other form
257	257	10 of business enterprise licensed in this State as a
258	258	11 distributor or importing distributor having any legal,
259	259	12 equitable, or beneficial interest, directly or indirectly,
260	260	13 in a person licensed as a manufacturer of beer by any
261	261	14 licensing authority, or any partnership, corporation,
262	262	15 limited liability company, or trust or any subsidiary,
263	263	16 affiliate, or agent thereof, or any other form of business
264	264	17 enterprise, except for a person who owns, on or after the
265	265	18 effective date of this amendatory Act of the 98th General
266	266	19 Assembly, no more than 5% of the outstanding shares of a
267	267	20 manufacturer of beer whose shares are publicly traded on
268	268	21 an exchange within the meaning of the Securities Exchange
269	269	22 Act of 1934. For the purposes of this paragraph (20), a
270	270	23 person who is licensed by any licensing authority as a
271	271	24 "manufacturer of beer" shall also mean a brewer and a
272	272	25 non-resident dealer who is also a manufacturer of beer,
273	273	26 including a partnership, corporation, limited liability
274	274
275	275
276	276
277	277
278	278
279	279	HB5556 - 7 - LRB103 38752 RLC 68889 b
280	280
281	281
282	282	HB5556- 8 -LRB103 38752 RLC 68889 b HB5556 - 8 - LRB103 38752 RLC 68889 b
283	283	HB5556 - 8 - LRB103 38752 RLC 68889 b
284	284	1 company, or trust or any subsidiary, affiliate, or agent
285	285	2 thereof, or any other form of business enterprise licensed
286	286	3 as a manufacturer of beer.
287	287	4 (b) A criminal conviction of a corporation is not grounds
288	288	5 for the denial, suspension, or revocation of a license applied
289	289	6 for or held by the corporation if the criminal conviction was
290	290	7 not the result of a violation of any federal or State law
291	291	8 concerning the manufacture, possession or sale of alcoholic
292	292	9 liquor, the offense that led to the conviction did not result
293	293	10 in any financial gain to the corporation and the corporation
294	294	11 has terminated its relationship with each director, officer,
295	295	12 employee, or controlling shareholder whose actions directly
296	296	13 contributed to the conviction of the corporation. The
297	297	14 Commission shall determine if all provisions of this
298	298	15 subsection (b) have been met before any action on the
299	299	16 corporation's license is initiated.
300	300	17 (Source: P.A. 101-541, eff. 8-23-19; 102-15, eff. 6-17-21.)
301	301	18 Section 10. The Criminal Code of 2012 is amended by
302	302	19 changing Sections 10-9, 11-9.3, 11-14.3, 11-14.4, 11-18,
303	303	20 11-18.1, and 33G-3 as follows:
304	304	21 (720 ILCS 5/10-9)
305	305	22 Sec. 10-9. Trafficking in persons, involuntary servitude,
306	306	23 and related offenses.
307	307	24 (a) Definitions. In this Section:
308	308
309	309
310	310
311	311
312	312
313	313	HB5556 - 8 - LRB103 38752 RLC 68889 b
314	314
315	315
316	316	HB5556- 9 -LRB103 38752 RLC 68889 b HB5556 - 9 - LRB103 38752 RLC 68889 b
317	317	HB5556 - 9 - LRB103 38752 RLC 68889 b
318	318	1 (1) "Intimidation" has the meaning prescribed in Section
319	319	2 12-6.
320	320	3 (2) "Commercial sexual activity" means any sex act on
321	321	4 account of which anything of value is given, promised to, or
322	322	5 received by any person.
323	323	6 (2.5) "Company" means any sole proprietorship,
324	324	7 organization, association, corporation, partnership, joint
325	325	8 venture, limited partnership, limited liability partnership,
326	326	9 limited liability limited partnership, limited liability
327	327	10 company, or other entity or business association, including
328	328	11 all wholly owned subsidiaries, majority-owned subsidiaries,
329	329	12 parent companies, or affiliates of those entities or business
330	330	13 associations, that exist for the purpose of making profit.
331	331	14 (3) "Financial harm" includes intimidation that brings
332	332	15 about financial loss, criminal usury, or employment contracts
333	333	16 that violate the Frauds Act.
334	334	17 (4) (Blank).
335	335	18 (5) "Labor" means work of economic or financial value.
336	336	19 (6) "Maintain" means, in relation to labor or services, to
337	337	20 secure continued performance thereof, regardless of any
338	338	21 initial agreement on the part of the victim to perform that
339	339	22 type of service.
340	340	23 (7) "Obtain" means, in relation to labor or services, to
341	341	24 secure performance thereof.
342	342	25 (7.5) "Serious harm" means any harm, whether physical or
343	343	26 nonphysical, including psychological, financial, or
344	344
345	345
346	346
347	347
348	348
349	349	HB5556 - 9 - LRB103 38752 RLC 68889 b
350	350
351	351
352	352	HB5556- 10 -LRB103 38752 RLC 68889 b HB5556 - 10 - LRB103 38752 RLC 68889 b
353	353	HB5556 - 10 - LRB103 38752 RLC 68889 b
354	354	1 reputational harm, that is sufficiently serious, under all the
355	355	2 surrounding circumstances, to compel a reasonable person of
356	356	3 the same background and in the same circumstances to perform
357	357	4 or to continue performing labor or services in order to avoid
358	358	5 incurring that harm.
359	359	6 (8) "Services" means activities resulting from a
360	360	7 relationship between a person and the actor in which the
361	361	8 person performs activities under the supervision of or for the
362	362	9 benefit of the actor. Commercial sexual activity and
363	363	10 sexually-explicit performances are forms of activities that
364	364	11 are "services" under this Section. Nothing in this definition
365	365	12 may be construed to legitimize or legalize prostitution.
366	366	13 (9) "Sexually-explicit performance" means a live,
367	367	14 recorded, broadcast (including over the Internet), or public
368	368	15 act or show intended to arouse or satisfy the sexual desires or
369	369	16 appeal to the prurient interests of patrons.
370	370	17 (10) "Trafficking victim" means a person subjected to the
371	371	18 practices set forth in subsection (b), (c), or (d).
372	372	19 (b) Involuntary servitude. A person commits involuntary
373	373	20 servitude when he or she knowingly subjects, attempts to
374	374	21 subject, or engages in a conspiracy to subject another person
375	375	22 to labor or services obtained or maintained through any of the
376	376	23 following means, or any combination of these means:
377	377	24 (1) causes or threatens to cause physical harm to any
378	378	25 person;
379	379	26 (2) physically restrains or threatens to physically
380	380
381	381
382	382
383	383
384	384
385	385	HB5556 - 10 - LRB103 38752 RLC 68889 b
386	386
387	387
388	388	HB5556- 11 -LRB103 38752 RLC 68889 b HB5556 - 11 - LRB103 38752 RLC 68889 b
389	389	HB5556 - 11 - LRB103 38752 RLC 68889 b
390	390	1 restrain another person;
391	391	2 (3) abuses or threatens to abuse the law or legal
392	392	3 process;
393	393	4 (4) knowingly destroys, conceals, removes,
394	394	5 confiscates, or possesses any actual or purported passport
395	395	6 or other immigration document, or any other actual or
396	396	7 purported government identification document, of another
397	397	8 person;
398	398	9 (5) uses intimidation, or exerts financial control
399	399	10 over any person; or
400	400	11 (6) uses any scheme, plan, or pattern intended to
401	401	12 cause the person to believe that, if the person did not
402	402	13 perform the labor or services, that person or another
403	403	14 person would suffer serious harm or physical restraint.
404	404	15 Sentence. Except as otherwise provided in subsection (e)
405	405	16 or (f), a violation of subsection (b)(1) is a Class X felony,
406	406	17 (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
407	407	18 is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
408	408	19 (c) Involuntary sexual servitude of a minor. A person
409	409	20 commits involuntary sexual servitude of a minor when he or she
410	410	21 knowingly recruits, entices, harbors, transports, provides, or
411	411	22 obtains by any means, or attempts to recruit, entice, harbor,
412	412	23 provide, or obtain by any means, another person under 18 years
413	413	24 of age, knowing that the minor will engage in commercial
414	414	25 sexual activity, a sexually-explicit performance, or the
415	415	26 production of pornography, or causes or attempts to cause a
416	416
417	417
418	418
419	419
420	420
421	421	HB5556 - 11 - LRB103 38752 RLC 68889 b
422	422
423	423
424	424	HB5556- 12 -LRB103 38752 RLC 68889 b HB5556 - 12 - LRB103 38752 RLC 68889 b
425	425	HB5556 - 12 - LRB103 38752 RLC 68889 b
426	426	1 minor to engage in one or more of those activities and:
427	427	2 (1) there is no overt force or threat and the minor is
428	428	3 between the ages of 17 and 18 years;
429	429	4 (2) there is no overt force or threat and the minor is
430	430	5 under the age of 17 years; or
431	431	6 (3) there is overt force or threat.
432	432	7 Sentence. Except as otherwise provided in subsection (e)
433	433	8 or (f), a violation of subsection (c)(1) is a Class 1 felony,
434	434	9 (c)(2) is a Class X felony, and (c)(3) is a Class X felony.
435	435	10 (d) Trafficking in persons. A person commits trafficking
436	436	11 in persons when he or she knowingly: (1) recruits, entices,
437	437	12 harbors, transports, provides, or obtains by any means, or
438	438	13 attempts to recruit, entice, harbor, transport, provide, or
439	439	14 obtain by any means, another person, intending or knowing that
440	440	15 the person will be subjected to involuntary servitude; or (2)
441	441	16 benefits, financially or by receiving anything of value, from
442	442	17 participation in a venture that has engaged in an act of
443	443	18 involuntary servitude or involuntary sexual servitude of a
444	444	19 minor; (3) maintains by any means, or attempts to recruit,
445	445	20 entice, harbor, transport, provide, obtain, advertise or
446	446	21 maintain by any means, another person, intending or knowing
447	447	22 that the person will be subjected to prostitution or a
448	448	23 commercial sex act; or (4) recruits, entices, harbors,
449	449	24 transports, provides, obtains, advertises, or maintains by any
450	450	25 means, or attempts to recruit, entice, harbor, transport,
451	451	26 provide, obtain, advertise or maintain by any means, another
452	452
453	453
454	454
455	455
456	456
457	457	HB5556 - 12 - LRB103 38752 RLC 68889 b
458	458
459	459
460	460	HB5556- 13 -LRB103 38752 RLC 68889 b HB5556 - 13 - LRB103 38752 RLC 68889 b
461	461	HB5556 - 13 - LRB103 38752 RLC 68889 b
462	462	1 person, intending or knowing that the person will be subjected
463	463	2 to prostitution or a commercial sex act as a result of
464	464	3 coercion. A company commits trafficking in persons when the
465	465	4 company knowingly benefits, financially or by receiving
466	466	5 anything of value, from participation in a venture that has
467	467	6 engaged in an act of prostitution of another person,
468	468	7 involuntary servitude of another person, or involuntary sexual
469	469	8 servitude of a minor.
470	470	9 Sentence. Except as otherwise provided in subsection (e)
471	471	10 or (f), a violation of this subsection by a person is a Class 1
472	472	11 felony. A violation of this subsection by a company is a
473	473	12 business offense for which a fine of up to $100,000 may be
474	474	13 imposed.
475	475	14 (e) Aggravating factors. A violation of this Section
476	476	15 involving kidnapping or an attempt to kidnap, aggravated
477	477	16 criminal sexual assault or an attempt to commit aggravated
478	478	17 criminal sexual assault, or an attempt to commit first degree
479	479	18 murder is a Class X felony.
480	480	19 (f) Sentencing considerations.
481	481	20 (1) Bodily injury. If, pursuant to a violation of this
482	482	21 Section, a victim suffered bodily injury, the defendant
483	483	22 may be sentenced to an extended-term sentence under
484	484	23 Section 5-8-2 of the Unified Code of Corrections. The
485	485	24 sentencing court must take into account the time in which
486	486	25 the victim was held in servitude, with increased penalties
487	487	26 for cases in which the victim was held for between 180 days
488	488
489	489
490	490
491	491
492	492
493	493	HB5556 - 13 - LRB103 38752 RLC 68889 b
494	494
495	495
496	496	HB5556- 14 -LRB103 38752 RLC 68889 b HB5556 - 14 - LRB103 38752 RLC 68889 b
497	497	HB5556 - 14 - LRB103 38752 RLC 68889 b
498	498	1 and one year, and increased penalties for cases in which
499	499	2 the victim was held for more than one year.
500	500	3 (2) Number of victims. In determining sentences within
501	501	4 statutory maximums, the sentencing court should take into
502	502	5 account the number of victims, and may provide for
503	503	6 substantially increased sentences in cases involving more
504	504	7 than 5 10 victims.
505	505	8 (g) Restitution. Restitution is mandatory under this
506	506	9 Section. In addition to any other amount of loss identified,
507	507	10 the court shall order restitution including the greater of (1)
508	508	11 the gross income or value to the defendant of the victim's
509	509	12 labor or services or (2) the value of the victim's labor as
510	510	13 guaranteed under the Minimum Wage Law and overtime provisions
511	511	14 of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
512	512	15 whichever is greater.
513	513	16 (g-5) Fine distribution. If the court imposes a fine under
514	514	17 subsection (b), (c), or (d) of this Section, it shall be
515	515	18 collected and distributed to the Specialized Services for
516	516	19 Survivors of Human Trafficking Fund in accordance with Section
517	517	20 5-9-1.21 of the Unified Code of Corrections.
518	518	21 (h) Trafficking victim services. Subject to the
519	519	22 availability of funds, the Department of Human Services may
520	520	23 provide or fund emergency services and assistance to
521	521	24 individuals who are victims of one or more offenses defined in
522	522	25 this Section.
523	523	26 (i) Certification. The Attorney General, a State's
524	524
525	525
526	526
527	527
528	528
529	529	HB5556 - 14 - LRB103 38752 RLC 68889 b
530	530
531	531
532	532	HB5556- 15 -LRB103 38752 RLC 68889 b HB5556 - 15 - LRB103 38752 RLC 68889 b
533	533	HB5556 - 15 - LRB103 38752 RLC 68889 b
534	534	1 Attorney, or any law enforcement official shall certify in
535	535	2 writing to the United States Department of Justice or other
536	536	3 federal agency, such as the United States Department of
537	537	4 Homeland Security, that an investigation or prosecution under
538	538	5 this Section has begun and the individual who is a likely
539	539	6 victim of a crime described in this Section is willing to
540	540	7 cooperate or is cooperating with the investigation to enable
541	541	8 the individual, if eligible under federal law, to qualify for
542	542	9 an appropriate special immigrant visa and to access available
543	543	10 federal benefits. Cooperation with law enforcement shall not
544	544	11 be required of victims of a crime described in this Section who
545	545	12 are under 18 years of age. This certification shall be made
546	546	13 available to the victim and his or her designated legal
547	547	14 representative.
548	548	15 (j) A person who commits involuntary servitude,
549	549	16 involuntary sexual servitude of a minor, or trafficking in
550	550	17 persons under subsection (b), (c), or (d) of this Section is
551	551	18 subject to the property forfeiture provisions set forth in
552	552	19 Article 124B of the Code of Criminal Procedure of 1963.
553	553	20 (Source: P.A. 101-18, eff. 1-1-20.)
554	554	21 (720 ILCS 5/11-9.3)
555	555	22 Sec. 11-9.3. Presence within school zone by child sex
556	556	23 offenders prohibited; approaching, contacting, residing with,
557	557	24 or communicating with a child within certain places by child
558	558	25 sex offenders prohibited.
559	559
560	560
561	561
562	562
563	563
564	564	HB5556 - 15 - LRB103 38752 RLC 68889 b
565	565
566	566
567	567	HB5556- 16 -LRB103 38752 RLC 68889 b HB5556 - 16 - LRB103 38752 RLC 68889 b
568	568	HB5556 - 16 - LRB103 38752 RLC 68889 b
569	569	1 (a) It is unlawful for a child sex offender to knowingly be
570	570	2 present in any school building, on real property comprising
571	571	3 any school, or in any conveyance owned, leased, or contracted
572	572	4 by a school to transport students to or from school or a school
573	573	5 related activity when persons under the age of 18 are present
574	574	6 in the building, on the grounds or in the conveyance, unless
575	575	7 the offender is a parent or guardian of a student attending the
576	576	8 school and the parent or guardian is: (i) attending a
577	577	9 conference at the school with school personnel to discuss the
578	578	10 progress of his or her child academically or socially, (ii)
579	579	11 participating in child review conferences in which evaluation
580	580	12 and placement decisions may be made with respect to his or her
581	581	13 child regarding special education services, or (iii) attending
582	582	14 conferences to discuss other student issues concerning his or
583	583	15 her child such as retention and promotion and notifies the
584	584	16 principal of the school of his or her presence at the school or
585	585	17 unless the offender has permission to be present from the
586	586	18 superintendent or the school board or in the case of a private
587	587	19 school from the principal. In the case of a public school, if
588	588	20 permission is granted, the superintendent or school board
589	589	21 president must inform the principal of the school where the
590	590	22 sex offender will be present. Notification includes the nature
591	591	23 of the sex offender's visit and the hours in which the sex
592	592	24 offender will be present in the school. The sex offender is
593	593	25 responsible for notifying the principal's office when he or
594	594	26 she arrives on school property and when he or she departs from
595	595
596	596
597	597
598	598
599	599
600	600	HB5556 - 16 - LRB103 38752 RLC 68889 b
601	601
602	602
603	603	HB5556- 17 -LRB103 38752 RLC 68889 b HB5556 - 17 - LRB103 38752 RLC 68889 b
604	604	HB5556 - 17 - LRB103 38752 RLC 68889 b
605	605	1 school property. If the sex offender is to be present in the
606	606	2 vicinity of children, the sex offender has the duty to remain
607	607	3 under the direct supervision of a school official.
608	608	4 (a-5) It is unlawful for a child sex offender to knowingly
609	609	5 be present within 100 feet of a site posted as a pick-up or
610	610	6 discharge stop for a conveyance owned, leased, or contracted
611	611	7 by a school to transport students to or from school or a school
612	612	8 related activity when one or more persons under the age of 18
613	613	9 are present at the site.
614	614	10 (a-10) It is unlawful for a child sex offender to
615	615	11 knowingly be present in any public park building, a playground
616	616	12 or recreation area within any publicly accessible privately
617	617	13 owned building, or on real property comprising any public park
618	618	14 when persons under the age of 18 are present in the building or
619	619	15 on the grounds and to approach, contact, or communicate with a
620	620	16 child under 18 years of age, unless the offender is a parent or
621	621	17 guardian of a person under 18 years of age present in the
622	622	18 building or on the grounds.
623	623	19 (b) It is unlawful for a child sex offender to knowingly
624	624	20 loiter within 500 feet of a school building or real property
625	625	21 comprising any school while persons under the age of 18 are
626	626	22 present in the building or on the grounds, unless the offender
627	627	23 is a parent or guardian of a student attending the school and
628	628	24 the parent or guardian is: (i) attending a conference at the
629	629	25 school with school personnel to discuss the progress of his or
630	630	26 her child academically or socially, (ii) participating in
631	631
632	632
633	633
634	634
635	635
636	636	HB5556 - 17 - LRB103 38752 RLC 68889 b
637	637
638	638
639	639	HB5556- 18 -LRB103 38752 RLC 68889 b HB5556 - 18 - LRB103 38752 RLC 68889 b
640	640	HB5556 - 18 - LRB103 38752 RLC 68889 b
641	641	1 child review conferences in which evaluation and placement
642	642	2 decisions may be made with respect to his or her child
643	643	3 regarding special education services, or (iii) attending
644	644	4 conferences to discuss other student issues concerning his or
645	645	5 her child such as retention and promotion and notifies the
646	646	6 principal of the school of his or her presence at the school or
647	647	7 has permission to be present from the superintendent or the
648	648	8 school board or in the case of a private school from the
649	649	9 principal. In the case of a public school, if permission is
650	650	10 granted, the superintendent or school board president must
651	651	11 inform the principal of the school where the sex offender will
652	652	12 be present. Notification includes the nature of the sex
653	653	13 offender's visit and the hours in which the sex offender will
654	654	14 be present in the school. The sex offender is responsible for
655	655	15 notifying the principal's office when he or she arrives on
656	656	16 school property and when he or she departs from school
657	657	17 property. If the sex offender is to be present in the vicinity
658	658	18 of children, the sex offender has the duty to remain under the
659	659	19 direct supervision of a school official.
660	660	20 (b-2) It is unlawful for a child sex offender to knowingly
661	661	21 loiter on a public way within 500 feet of a public park
662	662	22 building or real property comprising any public park while
663	663	23 persons under the age of 18 are present in the building or on
664	664	24 the grounds and to approach, contact, or communicate with a
665	665	25 child under 18 years of age, unless the offender is a parent or
666	666	26 guardian of a person under 18 years of age present in the
667	667
668	668
669	669
670	670
671	671
672	672	HB5556 - 18 - LRB103 38752 RLC 68889 b
673	673
674	674
675	675	HB5556- 19 -LRB103 38752 RLC 68889 b HB5556 - 19 - LRB103 38752 RLC 68889 b
676	676	HB5556 - 19 - LRB103 38752 RLC 68889 b
677	677	1 building or on the grounds.
678	678	2 (b-5) It is unlawful for a child sex offender to knowingly
679	679	3 reside within 500 feet of a school building or the real
680	680	4 property comprising any school that persons under the age of
681	681	5 18 attend. Nothing in this subsection (b-5) prohibits a child
682	682	6 sex offender from residing within 500 feet of a school
683	683	7 building or the real property comprising any school that
684	684	8 persons under 18 attend if the property is owned by the child
685	685	9 sex offender and was purchased before July 7, 2000 (the
686	686	10 effective date of Public Act 91-911).
687	687	11 (b-10) It is unlawful for a child sex offender to
688	688	12 knowingly reside within 500 feet of a playground, child care
689	689	13 institution, day care center, part day child care facility,
690	690	14 day care home, group day care home, or a facility providing
691	691	15 programs or services exclusively directed toward persons under
692	692	16 18 years of age. Nothing in this subsection (b-10) prohibits a
693	693	17 child sex offender from residing within 500 feet of a
694	694	18 playground or a facility providing programs or services
695	695	19 exclusively directed toward persons under 18 years of age if
696	696	20 the property is owned by the child sex offender and was
697	697	21 purchased before July 7, 2000. Nothing in this subsection
698	698	22 (b-10) prohibits a child sex offender from residing within 500
699	699	23 feet of a child care institution, day care center, or part day
700	700	24 child care facility if the property is owned by the child sex
701	701	25 offender and was purchased before June 26, 2006. Nothing in
702	702	26 this subsection (b-10) prohibits a child sex offender from
703	703
704	704
705	705
706	706
707	707
708	708	HB5556 - 19 - LRB103 38752 RLC 68889 b
709	709
710	710
711	711	HB5556- 20 -LRB103 38752 RLC 68889 b HB5556 - 20 - LRB103 38752 RLC 68889 b
712	712	HB5556 - 20 - LRB103 38752 RLC 68889 b
713	713	1 residing within 500 feet of a day care home or group day care
714	714	2 home if the property is owned by the child sex offender and was
715	715	3 purchased before August 14, 2008 (the effective date of Public
716	716	4 Act 95-821).
717	717	5 (b-15) It is unlawful for a child sex offender to
718	718	6 knowingly reside within 500 feet of the victim of the sex
719	719	7 offense. Nothing in this subsection (b-15) prohibits a child
720	720	8 sex offender from residing within 500 feet of the victim if the
721	721	9 property in which the child sex offender resides is owned by
722	722	10 the child sex offender and was purchased before August 22,
723	723	11 2002.
724	724	12 This subsection (b-15) does not apply if the victim of the
725	725	13 sex offense is 21 years of age or older.
726	726	14 (b-20) It is unlawful for a child sex offender to
727	727	15 knowingly communicate, other than for a lawful purpose under
728	728	16 Illinois law, using the Internet or any other digital media,
729	729	17 with a person under 18 years of age or with a person whom he or
730	730	18 she believes to be a person under 18 years of age, unless the
731	731	19 offender is a parent or guardian of the person under 18 years
732	732	20 of age.
733	733	21 (c) It is unlawful for a child sex offender to knowingly
734	734	22 operate, manage, be employed by, volunteer at, be associated
735	735	23 with, or knowingly be present at any: (i) facility providing
736	736	24 programs or services exclusively directed toward persons under
737	737	25 the age of 18; (ii) day care center; (iii) part day child care
738	738	26 facility; (iv) child care institution; (v) school providing
739	739
740	740
741	741
742	742
743	743
744	744	HB5556 - 20 - LRB103 38752 RLC 68889 b
745	745
746	746
747	747	HB5556- 21 -LRB103 38752 RLC 68889 b HB5556 - 21 - LRB103 38752 RLC 68889 b
748	748	HB5556 - 21 - LRB103 38752 RLC 68889 b
749	749	1 before and after school programs for children under 18 years
750	750	2 of age; (vi) day care home; or (vii) group day care home. This
751	751	3 does not prohibit a child sex offender from owning the real
752	752	4 property upon which the programs or services are offered or
753	753	5 upon which the day care center, part day child care facility,
754	754	6 child care institution, or school providing before and after
755	755	7 school programs for children under 18 years of age is located,
756	756	8 provided the child sex offender refrains from being present on
757	757	9 the premises for the hours during which: (1) the programs or
758	758	10 services are being offered or (2) the day care center, part day
759	759	11 child care facility, child care institution, or school
760	760	12 providing before and after school programs for children under
761	761	13 18 years of age, day care home, or group day care home is
762	762	14 operated.
763	763	15 (c-2) It is unlawful for a child sex offender to
764	764	16 participate in a holiday event involving children under 18
765	765	17 years of age, including but not limited to distributing candy
766	766	18 or other items to children on Halloween, wearing a Santa Claus
767	767	19 costume on or preceding Christmas, being employed as a
768	768	20 department store Santa Claus, or wearing an Easter Bunny
769	769	21 costume on or preceding Easter. For the purposes of this
770	770	22 subsection, child sex offender has the meaning as defined in
771	771	23 this Section, but does not include as a sex offense under
772	772	24 paragraph (2) of subsection (d) of this Section, the offense
773	773	25 under subsection (c) of Section 11-1.50 of this Code. This
774	774	26 subsection does not apply to a child sex offender who is a
775	775
776	776
777	777
778	778
779	779
780	780	HB5556 - 21 - LRB103 38752 RLC 68889 b
781	781
782	782
783	783	HB5556- 22 -LRB103 38752 RLC 68889 b HB5556 - 22 - LRB103 38752 RLC 68889 b
784	784	HB5556 - 22 - LRB103 38752 RLC 68889 b
785	785	1 parent or guardian of children under 18 years of age that are
786	786	2 present in the home and other non-familial minors are not
787	787	3 present.
788	788	4 (c-5) It is unlawful for a child sex offender to knowingly
789	789	5 operate, manage, be employed by, or be associated with any
790	790	6 carnival, amusement enterprise, or county or State fair when
791	791	7 persons under the age of 18 are present.
792	792	8 (c-6) It is unlawful for a child sex offender who owns and
793	793	9 resides at residential real estate to knowingly rent any
794	794	10 residential unit within the same building in which he or she
795	795	11 resides to a person who is the parent or guardian of a child or
796	796	12 children under 18 years of age. This subsection shall apply
797	797	13 only to leases or other rental arrangements entered into after
798	798	14 January 1, 2009 (the effective date of Public Act 95-820).
799	799	15 (c-7) It is unlawful for a child sex offender to knowingly
800	800	16 offer or provide any programs or services to persons under 18
801	801	17 years of age in his or her residence or the residence of
802	802	18 another or in any facility for the purpose of offering or
803	803	19 providing such programs or services, whether such programs or
804	804	20 services are offered or provided by contract, agreement,
805	805	21 arrangement, or on a volunteer basis.
806	806	22 (c-8) It is unlawful for a child sex offender to knowingly
807	807	23 operate, whether authorized to do so or not, any of the
808	808	24 following vehicles: (1) a vehicle which is specifically
809	809	25 designed, constructed or modified and equipped to be used for
810	810	26 the retail sale of food or beverages, including but not
811	811
812	812
813	813
814	814
815	815
816	816	HB5556 - 22 - LRB103 38752 RLC 68889 b
817	817
818	818
819	819	HB5556- 23 -LRB103 38752 RLC 68889 b HB5556 - 23 - LRB103 38752 RLC 68889 b
820	820	HB5556 - 23 - LRB103 38752 RLC 68889 b
821	821	1 limited to an ice cream truck; (2) an authorized emergency
822	822	2 vehicle; or (3) a rescue vehicle.
823	823	3 (d) Definitions. In this Section:
824	824	4 (1) "Child sex offender" means any person who:
825	825	5 (i) has been charged under Illinois law, or any
826	826	6 substantially similar federal law or law of another
827	827	7 state, with a sex offense set forth in paragraph (2) of
828	828	8 this subsection (d) or the attempt to commit an
829	829	9 included sex offense, and the victim is a person under
830	830	10 18 years of age at the time of the offense; and:
831	831	11 (A) is convicted of such offense or an attempt
832	832	12 to commit such offense; or
833	833	13 (B) is found not guilty by reason of insanity
834	834	14 of such offense or an attempt to commit such
835	835	15 offense; or
836	836	16 (C) is found not guilty by reason of insanity
837	837	17 pursuant to subsection (c) of Section 104-25 of
838	838	18 the Code of Criminal Procedure of 1963 of such
839	839	19 offense or an attempt to commit such offense; or
840	840	20 (D) is the subject of a finding not resulting
841	841	21 in an acquittal at a hearing conducted pursuant to
842	842	22 subsection (a) of Section 104-25 of the Code of
843	843	23 Criminal Procedure of 1963 for the alleged
844	844	24 commission or attempted commission of such
845	845	25 offense; or
846	846	26 (E) is found not guilty by reason of insanity
847	847
848	848
849	849
850	850
851	851
852	852	HB5556 - 23 - LRB103 38752 RLC 68889 b
853	853
854	854
855	855	HB5556- 24 -LRB103 38752 RLC 68889 b HB5556 - 24 - LRB103 38752 RLC 68889 b
856	856	HB5556 - 24 - LRB103 38752 RLC 68889 b
857	857	1 following a hearing conducted pursuant to a
858	858	2 federal law or the law of another state
859	859	3 substantially similar to subsection (c) of Section
860	860	4 104-25 of the Code of Criminal Procedure of 1963
861	861	5 of such offense or of the attempted commission of
862	862	6 such offense; or
863	863	7 (F) is the subject of a finding not resulting
864	864	8 in an acquittal at a hearing conducted pursuant to
865	865	9 a federal law or the law of another state
866	866	10 substantially similar to subsection (a) of Section
867	867	11 104-25 of the Code of Criminal Procedure of 1963
868	868	12 for the alleged violation or attempted commission
869	869	13 of such offense; or
870	870	14 (ii) is certified as a sexually dangerous person
871	871	15 pursuant to the Illinois Sexually Dangerous Persons
872	872	16 Act, or any substantially similar federal law or the
873	873	17 law of another state, when any conduct giving rise to
874	874	18 such certification is committed or attempted against a
875	875	19 person less than 18 years of age; or
876	876	20 (iii) is subject to the provisions of Section 2 of
877	877	21 the Interstate Agreements on Sexually Dangerous
878	878	22 Persons Act.
879	879	23 Convictions that result from or are connected with the
880	880	24 same act, or result from offenses committed at the same
881	881	25 time, shall be counted for the purpose of this Section as
882	882	26 one conviction. Any conviction set aside pursuant to law
883	883
884	884
885	885
886	886
887	887
888	888	HB5556 - 24 - LRB103 38752 RLC 68889 b
889	889
890	890
891	891	HB5556- 25 -LRB103 38752 RLC 68889 b HB5556 - 25 - LRB103 38752 RLC 68889 b
892	892	HB5556 - 25 - LRB103 38752 RLC 68889 b
893	893	1 is not a conviction for purposes of this Section.
894	894	2 (2) Except as otherwise provided in paragraph (2.5),
895	895	3 "sex offense" means:
896	896	4 (i) A violation of any of the following Sections
897	897	5 of the Criminal Code of 1961 or the Criminal Code of
898	898	6 2012: 10-4 (forcible detention), 10-7 (aiding or
899	899	7 abetting child abduction under Section 10-5(b)(10)),
900	900	8 10-5(b)(10) (child luring), 11-1.40 (predatory
901	901	9 criminal sexual assault of a child), 11-6 (indecent
902	902	10 solicitation of a child), 11-6.5 (indecent
903	903	11 solicitation of an adult), 11-9.1 (sexual exploitation
904	904	12 of a child), 11-9.2 (custodial sexual misconduct),
905	905	13 11-9.5 (sexual misconduct with a person with a
906	906	14 disability), 11-11 (sexual relations within families),
907	907	15 11-14.3(a)(1) (promoting or facilitating prostitution
908	908	16 by advancing prostitution), 11-14.3(a)(2)(A)
909	909	17 (promoting or facilitating prostitution by profiting
910	910	18 from prostitution by compelling a person to be a
911	911	19 prostitute), 11-14.3(a)(2)(C) (promoting or
912	912	20 facilitating prostitution by profiting from
913	913	21 prostitution by means other than as described in
914	914	22 subparagraphs (A) and (B) of paragraph (2) of
915	915	23 subsection (a) of Section 11-14.3), 11-14.4 (promoting
916	916	24 juvenile prostitution), 11-18.1 (patronizing a
917	917	25 juvenile prostitute), 11-20.1 (child pornography),
918	918	26 11-20.1B (aggravated child pornography), 11-21
919	919
920	920
921	921
922	922
923	923
924	924	HB5556 - 25 - LRB103 38752 RLC 68889 b
925	925
926	926
927	927	HB5556- 26 -LRB103 38752 RLC 68889 b HB5556 - 26 - LRB103 38752 RLC 68889 b
928	928	HB5556 - 26 - LRB103 38752 RLC 68889 b
929	929	1 (harmful material), 11-25 (grooming), 11-26 (traveling
930	930	2 to meet a minor or traveling to meet a child), 12-33
931	931	3 (ritualized abuse of a child), 11-20 (obscenity) (when
932	932	4 that offense was committed in any school, on real
933	933	5 property comprising any school, in any conveyance
934	934	6 owned, leased, or contracted by a school to transport
935	935	7 students to or from school or a school related
936	936	8 activity, or in a public park), 11-30 (public
937	937	9 indecency) (when committed in a school, on real
938	938	10 property comprising a school, in any conveyance owned,
939	939	11 leased, or contracted by a school to transport
940	940	12 students to or from school or a school related
941	941	13 activity, or in a public park). An attempt to commit
942	942	14 any of these offenses.
943	943	15 (ii) A violation of any of the following Sections
944	944	16 of the Criminal Code of 1961 or the Criminal Code of
945	945	17 2012, when the victim is a person under 18 years of
946	946	18 age: 11-1.20 (criminal sexual assault), 11-1.30
947	947	19 (aggravated criminal sexual assault), 11-1.50
948	948	20 (criminal sexual abuse), 11-1.60 (aggravated criminal
949	949	21 sexual abuse). An attempt to commit any of these
950	950	22 offenses.
951	951	23 (iii) A violation of any of the following Sections
952	952	24 of the Criminal Code of 1961 or the Criminal Code of
953	953	25 2012, when the victim is a person under 18 years of age
954	954	26 and the defendant is not a parent of the victim:
955	955
956	956
957	957
958	958
959	959
960	960	HB5556 - 26 - LRB103 38752 RLC 68889 b
961	961
962	962
963	963	HB5556- 27 -LRB103 38752 RLC 68889 b HB5556 - 27 - LRB103 38752 RLC 68889 b
964	964	HB5556 - 27 - LRB103 38752 RLC 68889 b
965	965	1 10-1 (kidnapping),
966	966	2 10-2 (aggravated kidnapping),
967	967	3 10-3 (unlawful restraint),
968	968	4 10-3.1 (aggravated unlawful restraint),
969	969	5 11-9.1(A) (permitting sexual abuse of a child).
970	970	6 An attempt to commit any of these offenses.
971	971	7 (iv) A violation of any former law of this State
972	972	8 substantially equivalent to any offense listed in
973	973	9 clause (2)(i) or (2)(ii) of subsection (d) of this
974	974	10 Section.
975	975	11 (2.5) For the purposes of subsections (b-5) and (b-10)
976	976	12 only, a sex offense means:
977	977	13 (i) A violation of any of the following Sections
978	978	14 of the Criminal Code of 1961 or the Criminal Code of
979	979	15 2012:
980	980	16 10-5(b)(10) (child luring), 10-7 (aiding or
981	981	17 abetting child abduction under Section 10-5(b)(10)),
982	982	18 11-1.40 (predatory criminal sexual assault of a
983	983	19 child), 11-6 (indecent solicitation of a child),
984	984	20 11-6.5 (indecent solicitation of an adult), 11-9.2
985	985	21 (custodial sexual misconduct), 11-9.5 (sexual
986	986	22 misconduct with a person with a disability), 11-11
987	987	23 (sexual relations within families), 11-14.3(a)(1)
988	988	24 (promoting or facilitating prostitution by advancing
989	989	25 prostitution), 11-14.3(a)(2)(A) (promoting or
990	990	26 facilitating prostitution by profiting from
991	991
992	992
993	993
994	994
995	995
996	996	HB5556 - 27 - LRB103 38752 RLC 68889 b
997	997
998	998
999	999	HB5556- 28 -LRB103 38752 RLC 68889 b HB5556 - 28 - LRB103 38752 RLC 68889 b
1000	1000	HB5556 - 28 - LRB103 38752 RLC 68889 b
1001	1001	1 prostitution by compelling a person to be a
1002	1002	2 prostitute), 11-14.3(a)(2)(C) (promoting or
1003	1003	3 facilitating prostitution by profiting from
1004	1004	4 prostitution by means other than as described in
1005	1005	5 subparagraphs (A) and (B) of paragraph (2) of
1006	1006	6 subsection (a) of Section 11-14.3), 11-14.4 (promoting
1007	1007	7 juvenile prostitution), 11-18.1 (patronizing a
1008	1008	8 juvenile prostitute), 11-20.1 (child pornography),
1009	1009	9 11-20.1B (aggravated child pornography), 11-25
1010	1010	10 (grooming), 11-26 (traveling to meet a minor or
1011	1011	11 traveling to meet a child), or 12-33 (ritualized abuse
1012	1012	12 of a child). An attempt to commit any of these
1013	1013	13 offenses.
1014	1014	14 (ii) A violation of any of the following Sections
1015	1015	15 of the Criminal Code of 1961 or the Criminal Code of
1016	1016	16 2012, when the victim is a person under 18 years of
1017	1017	17 age: 11-1.20 (criminal sexual assault), 11-1.30
1018	1018	18 (aggravated criminal sexual assault), 11-1.60
1019	1019	19 (aggravated criminal sexual abuse), and subsection (a)
1020	1020	20 of Section 11-1.50 (criminal sexual abuse). An attempt
1021	1021	21 to commit any of these offenses.
1022	1022	22 (iii) A violation of any of the following Sections
1023	1023	23 of the Criminal Code of 1961 or the Criminal Code of
1024	1024	24 2012, when the victim is a person under 18 years of age
1025	1025	25 and the defendant is not a parent of the victim:
1026	1026	26 10-1 (kidnapping),
1027	1027
1028	1028
1029	1029
1030	1030
1031	1031
1032	1032	HB5556 - 28 - LRB103 38752 RLC 68889 b
1033	1033
1034	1034
1035	1035	HB5556- 29 -LRB103 38752 RLC 68889 b HB5556 - 29 - LRB103 38752 RLC 68889 b
1036	1036	HB5556 - 29 - LRB103 38752 RLC 68889 b
1037	1037	1 10-2 (aggravated kidnapping),
1038	1038	2 10-3 (unlawful restraint),
1039	1039	3 10-3.1 (aggravated unlawful restraint),
1040	1040	4 11-9.1(A) (permitting sexual abuse of a child).
1041	1041	5 An attempt to commit any of these offenses.
1042	1042	6 (iv) A violation of any former law of this State
1043	1043	7 substantially equivalent to any offense listed in this
1044	1044	8 paragraph (2.5) of this subsection.
1045	1045	9 (3) A conviction for an offense of federal law or the
1046	1046	10 law of another state that is substantially equivalent to
1047	1047	11 any offense listed in paragraph (2) of subsection (d) of
1048	1048	12 this Section shall constitute a conviction for the purpose
1049	1049	13 of this Section. A finding or adjudication as a sexually
1050	1050	14 dangerous person under any federal law or law of another
1051	1051	15 state that is substantially equivalent to the Sexually
1052	1052	16 Dangerous Persons Act shall constitute an adjudication for
1053	1053	17 the purposes of this Section.
1054	1054	18 (4) "Authorized emergency vehicle", "rescue vehicle",
1055	1055	19 and "vehicle" have the meanings ascribed to them in
1056	1056	20 Sections 1-105, 1-171.8 and 1-217, respectively, of the
1057	1057	21 Illinois Vehicle Code.
1058	1058	22 (5) "Child care institution" has the meaning ascribed
1059	1059	23 to it in Section 2.06 of the Child Care Act of 1969.
1060	1060	24 (6) "Day care center" has the meaning ascribed to it
1061	1061	25 in Section 2.09 of the Child Care Act of 1969.
1062	1062	26 (7) "Day care home" has the meaning ascribed to it in
1063	1063
1064	1064
1065	1065
1066	1066
1067	1067
1068	1068	HB5556 - 29 - LRB103 38752 RLC 68889 b
1069	1069
1070	1070
1071	1071	HB5556- 30 -LRB103 38752 RLC 68889 b HB5556 - 30 - LRB103 38752 RLC 68889 b
1072	1072	HB5556 - 30 - LRB103 38752 RLC 68889 b
1073	1073	1 Section 2.18 of the Child Care Act of 1969.
1074	1074	2 (8) "Facility providing programs or services directed
1075	1075	3 towards persons under the age of 18" means any facility
1076	1076	4 providing programs or services exclusively directed
1077	1077	5 towards persons under the age of 18.
1078	1078	6 (9) "Group day care home" has the meaning ascribed to
1079	1079	7 it in Section 2.20 of the Child Care Act of 1969.
1080	1080	8 (10) "Internet" has the meaning set forth in Section
1081	1081	9 16-0.1 of this Code.
1082	1082	10 (11) "Loiter" means:
1083	1083	11 (i) Standing, sitting idly, whether or not the
1084	1084	12 person is in a vehicle, or remaining in or around
1085	1085	13 school or public park property.
1086	1086	14 (ii) Standing, sitting idly, whether or not the
1087	1087	15 person is in a vehicle, or remaining in or around
1088	1088	16 school or public park property, for the purpose of
1089	1089	17 committing or attempting to commit a sex offense.
1090	1090	18 (iii) Entering or remaining in a building in or
1091	1091	19 around school property, other than the offender's
1092	1092	20 residence.
1093	1093	21 (12) "Part day child care facility" has the meaning
1094	1094	22 ascribed to it in Section 2.10 of the Child Care Act of
1095	1095	23 1969.
1096	1096	24 (13) "Playground" means a piece of land owned or
1097	1097	25 controlled by a unit of local government that is
1098	1098	26 designated by the unit of local government for use solely
1099	1099
1100	1100
1101	1101
1102	1102
1103	1103
1104	1104	HB5556 - 30 - LRB103 38752 RLC 68889 b
1105	1105
1106	1106
1107	1107	HB5556- 31 -LRB103 38752 RLC 68889 b HB5556 - 31 - LRB103 38752 RLC 68889 b
1108	1108	HB5556 - 31 - LRB103 38752 RLC 68889 b
1109	1109	1 or primarily for children's recreation.
1110	1110	2 (14) "Public park" includes a park, forest preserve,
1111	1111	3 bikeway, trail, or conservation area under the
1112	1112	4 jurisdiction of the State or a unit of local government.
1113	1113	5 (15) "School" means a public or private preschool or
1114	1114	6 elementary or secondary school.
1115	1115	7 (16) "School official" means the principal, a teacher,
1116	1116	8 or any other certified employee of the school, the
1117	1117	9 superintendent of schools or a member of the school board.
1118	1118	10 (e) For the purposes of this Section, the 500 feet
1119	1119	11 distance shall be measured from: (1) the edge of the property
1120	1120	12 of the school building or the real property comprising the
1121	1121	13 school that is closest to the edge of the property of the child
1122	1122	14 sex offender's residence or where he or she is loitering, and
1123	1123	15 (2) the edge of the property comprising the public park
1124	1124	16 building or the real property comprising the public park,
1125	1125	17 playground, child care institution, day care center, part day
1126	1126	18 child care facility, or facility providing programs or
1127	1127	19 services exclusively directed toward persons under 18 years of
1128	1128	20 age, or a victim of the sex offense who is under 21 years of
1129	1129	21 age, to the edge of the child sex offender's place of residence
1130	1130	22 or place where he or she is loitering.
1131	1131	23 (f) Sentence. A person who violates this Section is guilty
1132	1132	24 of a Class 4 felony.
1133	1133	25 (Source: P.A. 102-997, eff. 1-1-23.)
1134	1134
1135	1135
1136	1136
1137	1137
1138	1138
1139	1139	HB5556 - 31 - LRB103 38752 RLC 68889 b
1140	1140
1141	1141
1142	1142	HB5556- 32 -LRB103 38752 RLC 68889 b HB5556 - 32 - LRB103 38752 RLC 68889 b
1143	1143	HB5556 - 32 - LRB103 38752 RLC 68889 b
1144	1144	1 (720 ILCS 5/11-14.3)
1145	1145	2 Sec. 11-14.3. Promoting or facilitating prostitution.
1146	1146	3 (a) Any person who knowingly performs any of the following
1147	1147	4 acts commits promoting or facilitating prostitution:
1148	1148	5 (1) advances prostitution as defined in Section
1149	1149	6 11-0.1;
1150	1150	7 (2) profits from prostitution by:
1151	1151	8 (A) compelling a person to become a prostitute;
1152	1152	9 (B) arranging or offering to arrange a situation
1153	1153	10 in which a person may practice prostitution; or
1154	1154	11 (C) any means other than those described in
1155	1155	12 subparagraph (A) or (B), including from a person who
1156	1156	13 patronizes a prostitute. This paragraph (C) does not
1157	1157	14 apply to a person engaged in prostitution who is under
1158	1158	15 18 years of age. A person cannot be convicted of
1159	1159	16 promoting or facilitating prostitution under this
1160	1160	17 paragraph (C) if the practice of prostitution
1161	1161	18 underlying the offense consists exclusively of the
1162	1162	19 accused's own acts of prostitution under Section 11-14
1163	1163	20 of this Code;
1164	1164	21 (3) owns, manages, or operates an interactive computer
1165	1165	22 service or conspires or attempts to do so, with the intent
1166	1166	23 to promote or facilitate the prostitution of another
1167	1167	24 person; or
1168	1168	25 (4) owns, manages, or operates an interactive computer
1169	1169	26 service or conspires or attempts to do so, with the intent
1170	1170
1171	1171
1172	1172
1173	1173
1174	1174
1175	1175	HB5556 - 32 - LRB103 38752 RLC 68889 b
1176	1176
1177	1177
1178	1178	HB5556- 33 -LRB103 38752 RLC 68889 b HB5556 - 33 - LRB103 38752 RLC 68889 b
1179	1179	HB5556 - 33 - LRB103 38752 RLC 68889 b
1180	1180	1 to promote or facilitate the prostitution of another
1181	1181	2 person; and
1182	1182	3 (A) promotes or facilitates the prostitution of 5
1183	1183	4 or more persons; or
1184	1184	5 (B) acts in reckless disregard of the fact that
1185	1185	6 such conduct contributed to sex trafficking, in
1186	1186	7 violation of paragraph (2) or (4) of subsection (d) of
1187	1187	8 Section 10-9.
1188	1188	9 (b) Sentence.
1189	1189	10 (1) A violation of subdivision (a)(1) is a Class 4
1190	1190	11 felony, unless committed within 1,000 feet of real
1191	1191	12 property comprising a school, in which case it is a Class 3
1192	1192	13 felony. A second or subsequent violation of subdivision
1193	1193	14 (a)(1), or any combination of convictions under
1194	1194	15 subdivision (a)(1), (a)(2)(A), or (a)(2)(B) and Section
1195	1195	16 11-14 (prostitution), 11-14.1 (solicitation of a sexual
1196	1196	17 act), 11-14.4 (promoting juvenile prostitution), 11-15
1197	1197	18 (soliciting for a prostitute), 11-15.1 (soliciting for a
1198	1198	19 juvenile prostitute), 11-16 (pandering), 11-17 (keeping a
1199	1199	20 place of prostitution), 11-17.1 (keeping a place of
1200	1200	21 juvenile prostitution), 11-18 (patronizing a prostitute),
1201	1201	22 11-18.1 (patronizing a juvenile prostitute), 11-19
1202	1202	23 (pimping), 11-19.1 (juvenile pimping or aggravated
1203	1203	24 juvenile pimping), or 11-19.2 (exploitation of a child),
1204	1204	25 is a Class 3 felony.
1205	1205	26 (2) A violation of subdivision (a)(2)(A) or (a)(2)(B)
1206	1206
1207	1207
1208	1208
1209	1209
1210	1210
1211	1211	HB5556 - 33 - LRB103 38752 RLC 68889 b
1212	1212
1213	1213
1214	1214	HB5556- 34 -LRB103 38752 RLC 68889 b HB5556 - 34 - LRB103 38752 RLC 68889 b
1215	1215	HB5556 - 34 - LRB103 38752 RLC 68889 b
1216	1216	1 is a Class 4 felony, unless committed within 1,000 feet of
1217	1217	2 real property comprising a school, in which case it is a
1218	1218	3 Class 3 felony.
1219	1219	4 (3) A violation of subdivision (a)(2)(C) is a Class 4
1220	1220	5 felony, unless committed within 1,000 feet of real
1221	1221	6 property comprising a school, in which case it is a Class 3
1222	1222	7 felony. A second or subsequent violation of subdivision
1223	1223	8 (a)(2)(C), or any combination of convictions under
1224	1224	9 subdivision (a)(2)(C) and subdivision (a)(1), (a)(2)(A),
1225	1225	10 or (a)(2)(B) of this Section (promoting or facilitating
1226	1226	11 prostitution), 11-14 (prostitution), 11-14.1
1227	1227	12 (solicitation of a sexual act), 11-14.4 (promoting
1228	1228	13 juvenile prostitution), 11-15 (soliciting for a
1229	1229	14 prostitute), 11-15.1 (soliciting for a juvenile
1230	1230	15 prostitute), 11-16 (pandering), 11-17 (keeping a place of
1231	1231	16 prostitution), 11-17.1 (keeping a place of juvenile
1232	1232	17 prostitution), 11-18 (patronizing a prostitute), 11-18.1
1233	1233	18 (patronizing a juvenile prostitute), 11-19 (pimping),
1234	1234	19 11-19.1 (juvenile pimping or aggravated juvenile pimping),
1235	1235	20 or 11-19.2 (exploitation of a child), is a Class 3 felony.
1236	1236	21 If the court imposes a fine under this subsection (b), it
1237	1237	22 shall be collected and distributed to the Specialized Services
1238	1238	23 for Survivors of Human Trafficking Fund in accordance with
1239	1239	24 Section 5-9-1.21 of the Unified Code of Corrections.
1240	1240	25 (c) In this Section, "interactive computer service" has
1241	1241	26 the meaning ascribed to the term in 47 U.S.C. 230(f).
1242	1242
1243	1243
1244	1244
1245	1245
1246	1246
1247	1247	HB5556 - 34 - LRB103 38752 RLC 68889 b
1248	1248
1249	1249
1250	1250	HB5556- 35 -LRB103 38752 RLC 68889 b HB5556 - 35 - LRB103 38752 RLC 68889 b
1251	1251	HB5556 - 35 - LRB103 38752 RLC 68889 b
1252	1252	1 (Source: P.A. 98-1013, eff. 1-1-15.)
1253	1253	2 (720 ILCS 5/11-14.4)
1254	1254	3 Sec. 11-14.4. Promoting juvenile prostitution.
1255	1255	4 (a) Any person who knowingly performs any of the following
1256	1256	5 acts commits promoting juvenile prostitution:
1257	1257	6 (1) advances prostitution as defined in Section
1258	1258	7 11-0.1, where the minor engaged in prostitution, or any
1259	1259	8 person engaged in prostitution in the place, is under 18
1260	1260	9 years of age or is a person with a severe or profound
1261	1261	10 intellectual disability at the time of the offense;
1262	1262	11 (2) profits from prostitution by any means where the
1263	1263	12 prostituted person is under 18 years of age or is a person
1264	1264	13 with a severe or profound intellectual disability at the
1265	1265	14 time of the offense;
1266	1266	15 (3) profits from prostitution by any means where the
1267	1267	16 prostituted person is under 13 years of age at the time of
1268	1268	17 the offense;
1269	1269	18 (4) confines a child under the age of 18 or a person
1270	1270	19 with a severe or profound intellectual disability against
1271	1271	20 his or her will by the infliction or threat of imminent
1272	1272	21 infliction of great bodily harm or permanent disability or
1273	1273	22 disfigurement or by administering to the child or the
1274	1274	23 person with a severe or profound intellectual disability,
1275	1275	24 without his or her consent or by threat or deception and
1276	1276	25 for other than medical purposes, any alcoholic intoxicant
1277	1277
1278	1278
1279	1279
1280	1280
1281	1281
1282	1282	HB5556 - 35 - LRB103 38752 RLC 68889 b
1283	1283
1284	1284
1285	1285	HB5556- 36 -LRB103 38752 RLC 68889 b HB5556 - 36 - LRB103 38752 RLC 68889 b
1286	1286	HB5556 - 36 - LRB103 38752 RLC 68889 b
1287	1287	1 or a drug as defined in the Illinois Controlled Substances
1288	1288	2 Act or the Cannabis Control Act or methamphetamine as
1289	1289	3 defined in the Methamphetamine Control and Community
1290	1290	4 Protection Act and:
1291	1291	5 (A) compels the child or the person with a severe
1292	1292	6 or profound intellectual disability to engage in
1293	1293	7 prostitution;
1294	1294	8 (B) arranges a situation in which the child or the
1295	1295	9 person with a severe or profound intellectual
1296	1296	10 disability may practice prostitution; or
1297	1297	11 (C) profits from prostitution by the child or the
1298	1298	12 person with a severe or profound intellectual
1299	1299	13 disability.
1300	1300	14 (b) For purposes of this Section, administering drugs, as
1301	1301	15 defined in subdivision (a)(4), or an alcoholic intoxicant to a
1302	1302	16 child under the age of 13 or a person with a severe or profound
1303	1303	17 intellectual disability shall be deemed to be without consent
1304	1304	18 if the administering is done without the consent of the
1305	1305	19 parents or legal guardian or if the administering is performed
1306	1306	20 by the parents or legal guardian for other than medical
1307	1307	21 purposes.
1308	1308	22 (c) If the accused did not have a reasonable opportunity
1309	1309	23 to observe the prostituted person, it is an affirmative
1310	1310	24 defense to a charge of promoting juvenile prostitution, except
1311	1311	25 for a charge under subdivision (a)(4), that the accused
1312	1312	26 reasonably believed the person was of the age of 18 years or
1313	1313
1314	1314
1315	1315
1316	1316
1317	1317
1318	1318	HB5556 - 36 - LRB103 38752 RLC 68889 b
1319	1319
1320	1320
1321	1321	HB5556- 37 -LRB103 38752 RLC 68889 b HB5556 - 37 - LRB103 38752 RLC 68889 b
1322	1322	HB5556 - 37 - LRB103 38752 RLC 68889 b
1323	1323	1 over or was not a person with a severe or profound intellectual
1324	1324	2 disability at the time of the act giving rise to the charge.
1325	1325	3 (d) Sentence. A violation of subdivision (a)(1) is a Class
1326	1326	4 1 felony, unless committed within 1,000 feet of real property
1327	1327	5 comprising a school, in which case it is a Class X felony. A
1328	1328	6 violation of subdivision (a)(2) is a Class 1 felony. A
1329	1329	7 violation of subdivision (a)(3) is a Class X felony. A
1330	1330	8 violation of subdivision (a)(4) is a Class X felony, for which
1331	1331	9 the person shall be sentenced to a term of imprisonment of not
1332	1332	10 less than 6 years and not more than 60 years. A second or
1333	1333	11 subsequent violation of subdivision (a)(1), (a)(2), or (a)(3),
1334	1334	12 or any combination of convictions under subdivision (a)(1),
1335	1335	13 (a)(2), or (a)(3) and Sections 11-14 (prostitution), 11-14.1
1336	1336	14 (solicitation of a sexual act), 11-14.3 (promoting or
1337	1337	15 facilitating prostitution), 11-15 (soliciting for a
1338	1338	16 prostitute), 11-15.1 (soliciting for a juvenile prostitute),
1339	1339	17 11-16 (pandering), 11-17 (keeping a place of prostitution),
1340	1340	18 11-17.1 (keeping a place of juvenile prostitution), 11-18
1341	1341	19 (patronizing a prostitute), 11-18.1 (patronizing a juvenile
1342	1342	20 prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or
1343	1343	21 aggravated juvenile pimping), or 11-19.2 (exploitation of a
1344	1344	22 child) of this Code, is a Class X felony.
1345	1345	23 (e) Forfeiture. Any person convicted of a violation of
1346	1346	24 this Section that involves promoting juvenile prostitution by
1347	1347	25 keeping a place of juvenile prostitution or convicted of a
1348	1348	26 violation of subdivision (a)(4) is subject to the property
1349	1349
1350	1350
1351	1351
1352	1352
1353	1353
1354	1354	HB5556 - 37 - LRB103 38752 RLC 68889 b
1355	1355
1356	1356
1357	1357	HB5556- 38 -LRB103 38752 RLC 68889 b HB5556 - 38 - LRB103 38752 RLC 68889 b
1358	1358	HB5556 - 38 - LRB103 38752 RLC 68889 b
1359	1359	1 forfeiture provisions set forth in Article 124B of the Code of
1360	1360	2 Criminal Procedure of 1963.
1361	1361	3 (f) For the purposes of this Section, "prostituted person"
1362	1362	4 means any person who engages in, or agrees or offers to engage
1363	1363	5 in, any act of sexual penetration as defined in Section 11-0.1
1364	1364	6 of this Code for any money, property, token, object, or
1365	1365	7 article or anything of value, or any touching or fondling of
1366	1366	8 the sex organs of one person by another person, for any money,
1367	1367	9 property, token, object, or article or anything of value, for
1368	1368	10 the purpose of sexual arousal or gratification.
1369	1369	11 (Source: P.A. 99-143, eff. 7-27-15.)
1370	1370	12 (720 ILCS 5/11-18) (from Ch. 38, par. 11-18)
1371	1371	13 Sec. 11-18. Patronizing a prostitute.
1372	1372	14 (a) Any person who knowingly performs any of the following
1373	1373	15 acts with a person not his or her spouse commits patronizing a
1374	1374	16 prostitute:
1375	1375	17 (1) Engages in an act of sexual penetration as defined
1376	1376	18 in Section 11-0.1 of this Code with a prostitute; or
1377	1377	19 (2) Enters or remains in a place of prostitution with
1378	1378	20 intent to engage in an act of sexual penetration as
1379	1379	21 defined in Section 11-0.1 of this Code; or
1380	1380	22 (3) Engages in any touching or fondling with a
1381	1381	23 prostitute of the sex organs of one person by the other
1382	1382	24 person, with the intent to achieve sexual arousal or
1383	1383	25 gratification.
1384	1384
1385	1385
1386	1386
1387	1387
1388	1388
1389	1389	HB5556 - 38 - LRB103 38752 RLC 68889 b
1390	1390
1391	1391
1392	1392	HB5556- 39 -LRB103 38752 RLC 68889 b HB5556 - 39 - LRB103 38752 RLC 68889 b
1393	1393	HB5556 - 39 - LRB103 38752 RLC 68889 b
1394	1394	1 (b) Sentence.
1395	1395	2 Patronizing a prostitute is a Class 4 felony, unless
1396	1396	3 committed within 1,000 feet of real property comprising a
1397	1397	4 school, in which case it is a Class 3 felony. A person
1398	1398	5 convicted of a second or subsequent violation of this Section,
1399	1399	6 or of any combination of such number of convictions under this
1400	1400	7 Section and Sections 11-14 (prostitution), 11-14.1
1401	1401	8 (solicitation of a sexual act), 11-14.3 (promoting or
1402	1402	9 facilitating prostitution), 11-14.4 (promoting juvenile
1403	1403	10 prostitution), 11-15 (soliciting for a prostitute), 11-15.1
1404	1404	11 (soliciting for a juvenile prostitute), 11-16 (pandering),
1405	1405	12 11-17 (keeping a place of prostitution), 11-17.1 (keeping a
1406	1406	13 place of juvenile prostitution), 11-18.1 (patronizing a
1407	1407	14 juvenile prostitute), 11-19 (pimping), 11-19.1 (juvenile
1408	1408	15 pimping or aggravated juvenile pimping), or 11-19.2
1409	1409	16 (exploitation of a child) of this Code, is guilty of a Class 3
1410	1410	17 felony. If the court imposes a fine under this subsection (b),
1411	1411	18 it shall be collected and distributed to the Specialized
1412	1412	19 Services for Survivors of Human Trafficking Fund in accordance
1413	1413	20 with Section 5-9-1.21 of the Unified Code of Corrections.
1414	1414	21 (c) (Blank).
1415	1415	22 (Source: P.A. 98-1013, eff. 1-1-15.)
1416	1416	23 (720 ILCS 5/11-18.1) (from Ch. 38, par. 11-18.1)
1417	1417	24 Sec. 11-18.1. Patronizing a minor engaged in prostitution.
1418	1418	25 (a) Any person who engages in an act of sexual penetration
1419	1419
1420	1420
1421	1421
1422	1422
1423	1423
1424	1424	HB5556 - 39 - LRB103 38752 RLC 68889 b
1425	1425
1426	1426
1427	1427	HB5556- 40 -LRB103 38752 RLC 68889 b HB5556 - 40 - LRB103 38752 RLC 68889 b
1428	1428	HB5556 - 40 - LRB103 38752 RLC 68889 b
1429	1429	1 as defined in Section 11-0.1 of this Code with a person engaged
1430	1430	2 in prostitution who is under 18 years of age or is a person
1431	1431	3 with a severe or profound intellectual disability commits
1432	1432	4 patronizing a minor engaged in prostitution.
1433	1433	5 (a-5) Any person who engages in any touching or fondling,
1434	1434	6 with a person engaged in prostitution who either is under 18
1435	1435	7 years of age or is a person with a severe or profound
1436	1436	8 intellectual disability, of the sex organs of one person by
1437	1437	9 the other person, with the intent to achieve sexual arousal or
1438	1438	10 gratification, commits patronizing a minor engaged in
1439	1439	11 prostitution.
1440	1440	12 (b) It is an affirmative defense to the charge of
1441	1441	13 patronizing a minor engaged in prostitution that the accused
1442	1442	14 reasonably believed that the person was of the age of 18 years
1443	1443	15 or over or was not a person with a severe or profound
1444	1444	16 intellectual disability at the time of the act giving rise to
1445	1445	17 the charge.
1446	1446	18 (c) Sentence. A person who commits patronizing a juvenile
1447	1447	19 prostitute is guilty of a Class 3 felony, unless committed
1448	1448	20 within 1,000 feet of real property comprising a school, in
1449	1449	21 which case it is a Class 2 felony. A person convicted of a
1450	1450	22 second or subsequent violation of this Section, or of any
1451	1451	23 combination of such number of convictions under this Section
1452	1452	24 and Sections 11-14 (prostitution), 11-14.1 (solicitation of a
1453	1453	25 sexual act), 11-14.3 (promoting or facilitating prostitution),
1454	1454	26 11-14.4 (promoting juvenile prostitution), 11-15 (soliciting
1455	1455
1456	1456
1457	1457
1458	1458
1459	1459
1460	1460	HB5556 - 40 - LRB103 38752 RLC 68889 b
1461	1461
1462	1462
1463	1463	HB5556- 41 -LRB103 38752 RLC 68889 b HB5556 - 41 - LRB103 38752 RLC 68889 b
1464	1464	HB5556 - 41 - LRB103 38752 RLC 68889 b
1465	1465	1 for a prostitute), 11-15.1 (soliciting for a juvenile
1466	1466	2 prostitute), 11-16 (pandering), 11-17 (keeping a place of
1467	1467	3 prostitution), 11-17.1 (keeping a place of juvenile
1468	1468	4 prostitution), 11-18 (patronizing a prostitute), 11-19
1469	1469	5 (pimping), 11-19.1 (juvenile pimping or aggravated juvenile
1470	1470	6 pimping), or 11-19.2 (exploitation of a child) of this Code,
1471	1471	7 is guilty of a Class 2 felony. The fact of such conviction is
1472	1472	8 not an element of the offense and may not be disclosed to the
1473	1473	9 jury during trial unless otherwise permitted by issues
1474	1474	10 properly raised during such trial.
1475	1475	11 (Source: P.A. 99-143, eff. 7-27-15.)
1476	1476	12 (720 ILCS 5/33G-3)
1477	1477	13 (Section scheduled to be repealed on June 1, 2025)
1478	1478	14 Sec. 33G-3. Definitions. As used in this Article:
1479	1479	15 (a) "Another state" means any State of the United States
1480	1480	16 (other than the State of Illinois), or the District of
1481	1481	17 Columbia, or the Commonwealth of Puerto Rico, or any territory
1482	1482	18 or possession of the United States, or any political
1483	1483	19 subdivision, or any department, agency, or instrumentality
1484	1484	20 thereof.
1485	1485	21 (b) "Enterprise" includes:
1486	1486	22 (1) any partnership, corporation, association,
1487	1487	23 business or charitable trust, or other legal entity; and
1488	1488	24 (2) any group of individuals or other legal entities,
1489	1489	25 or any combination thereof, associated in fact although
1490	1490
1491	1491
1492	1492
1493	1493
1494	1494
1495	1495	HB5556 - 41 - LRB103 38752 RLC 68889 b
1496	1496
1497	1497
1498	1498	HB5556- 42 -LRB103 38752 RLC 68889 b HB5556 - 42 - LRB103 38752 RLC 68889 b
1499	1499	HB5556 - 42 - LRB103 38752 RLC 68889 b
1500	1500	1 not itself a legal entity. An association in fact must be
1501	1501	2 held together by a common purpose of engaging in a course
1502	1502	3 of conduct, and it may be associated together for purposes
1503	1503	4 that are both legal and illegal. An association in fact
1504	1504	5 must:
1505	1505	6 (A) have an ongoing organization or structure,
1506	1506	7 either formal or informal;
1507	1507	8 (B) the various members of the group must function
1508	1508	9 as a continuing unit, even if the group changes
1509	1509	10 membership by gaining or losing members over time; and
1510	1510	11 (C) have an ascertainable structure distinct from
1511	1511	12 that inherent in the conduct of a pattern of predicate
1512	1512	13 activity.
1513	1513	14 As used in this Article, "enterprise" includes licit and
1514	1514	15 illicit enterprises.
1515	1515	16 (c) "Labor organization" includes any organization, labor
1516	1516	17 union, craft union, or any voluntary unincorporated
1517	1517	18 association designed to further the cause of the rights of
1518	1518	19 union labor that is constituted for the purpose, in whole or in
1519	1519	20 part, of collective bargaining or of dealing with employers
1520	1520	21 concerning grievances, terms or conditions of employment, or
1521	1521	22 apprenticeships or applications for apprenticeships, or of
1522	1522	23 other mutual aid or protection in connection with employment,
1523	1523	24 including apprenticeships or applications for apprenticeships.
1524	1524	25 (d) "Operation or management" means directing or carrying
1525	1525	26 out the enterprise's affairs and is limited to any person who
1526	1526
1527	1527
1528	1528
1529	1529
1530	1530
1531	1531	HB5556 - 42 - LRB103 38752 RLC 68889 b
1532	1532
1533	1533
1534	1534	HB5556- 43 -LRB103 38752 RLC 68889 b HB5556 - 43 - LRB103 38752 RLC 68889 b
1535	1535	HB5556 - 43 - LRB103 38752 RLC 68889 b
1536	1536	1 knowingly serves as a leader, organizer, operator, manager,
1537	1537	2 director, supervisor, financier, advisor, recruiter, supplier,
1538	1538	3 or enforcer of an enterprise in violation of this Article.
1539	1539	4 (e) "Predicate activity" means any act that is a Class 2
1540	1540	5 felony or higher and constitutes a violation or violations of
1541	1541	6 any of the following provisions of the laws of the State of
1542	1542	7 Illinois (as amended or revised as of the date the activity
1543	1543	8 occurred or, in the instance of a continuing offense, the date
1544	1544	9 that charges under this Article are filed in a particular
1545	1545	10 matter in the State of Illinois) or any act under the law of
1546	1546	11 another jurisdiction for an offense that could be charged as a
1547	1547	12 Class 2 felony or higher in this State:
1548	1548	13 (1) under the Criminal Code of 1961 or the Criminal
1549	1549	14 Code of 2012: 8-1.2 (solicitation of murder for hire), 9-1
1550	1550	15 (first degree murder), 9-3.3 (drug-induced homicide), 10-1
1551	1551	16 (kidnapping), 10-2 (aggravated kidnapping), 10-3.1
1552	1552	17 (aggravated unlawful restraint), 10-4 (forcible
1553	1553	18 detention), 10-5(b)(10) (child abduction), 10-9
1554	1554	19 (trafficking in persons, involuntary servitude, and
1555	1555	20 related offenses), 11-1.20 (criminal sexual assault),
1556	1556	21 11-1.30 (aggravated criminal sexual assault), 11-1.40
1557	1557	22 (predatory criminal sexual assault of a child), 11-1.60
1558	1558	23 (aggravated criminal sexual abuse), 11-6 (indecent
1559	1559	24 solicitation of a child), 11-6.5 (indecent solicitation of
1560	1560	25 an adult), 11-14.3(a)(2)(A) and (a)(2)(B) (promoting or
1561	1561	26 facilitating prostitution), 11-14.4 (promoting juvenile
1562	1562
1563	1563
1564	1564
1565	1565
1566	1566
1567	1567	HB5556 - 43 - LRB103 38752 RLC 68889 b
1568	1568
1569	1569
1570	1570	HB5556- 44 -LRB103 38752 RLC 68889 b HB5556 - 44 - LRB103 38752 RLC 68889 b
1571	1571	HB5556 - 44 - LRB103 38752 RLC 68889 b
1572	1572	1 prostitution), 11-18.1 (patronizing a minor engaged in
1573	1573	2 prostitution; patronizing a juvenile prostitute), 12-3.05
1574	1574	3 (aggravated battery), 12-6.4 (criminal street gang
1575	1575	4 recruitment), 12-6.5 (compelling organization membership
1576	1576	5 of persons), 12-7.3 (stalking), 12-7.4 (aggravated
1577	1577	6 stalking), 12-7.5 (cyberstalking), 12-11 or 19-6 (home
1578	1578	7 invasion), 12-11.1 or 18-6 (vehicular invasion), 18-1
1579	1579	8 (robbery; aggravated robbery), 18-2 (armed robbery), 18-3
1580	1580	9 (vehicular hijacking), 18-4 (aggravated vehicular
1581	1581	10 hijacking), 18-5 (aggravated robbery), 19-1 (burglary),
1582	1582	11 19-3 (residential burglary), 20-1 (arson; residential
1583	1583	12 arson; place of worship arson), 20-1.1 (aggravated arson),
1584	1584	13 20-1.2 (residential arson), 20-1.3 (place of worship
1585	1585	14 arson), 24-1.2 (aggravated discharge of a firearm),
1586	1586	15 24-1.2-5 (aggravated discharge of a machine gun or
1587	1587	16 silencer equipped firearm), 24-1.8 (unlawful possession of
1588	1588	17 a firearm by a street gang member), 24-3.2 (unlawful
1589	1589	18 discharge of firearm projectiles), 24-3.9 (aggravated
1590	1590	19 possession of a stolen firearm), 24-3A (gunrunning), 26-5
1591	1591	20 or 48-1 (dog-fighting), 29D-14.9 (terrorism), 29D-15
1592	1592	21 (soliciting support for terrorism), 29D-15.1 (causing a
1593	1593	22 catastrophe), 29D-15.2 (possession of a deadly substance),
1594	1594	23 29D-20 (making a terrorist threat), 29D-25 (falsely making
1595	1595	24 a terrorist threat), 29D-29.9 (material support for
1596	1596	25 terrorism), 29D-35 (hindering prosecution of terrorism),
1597	1597	26 31A-1.2 (unauthorized contraband in a penal institution),
1598	1598
1599	1599
1600	1600
1601	1601
1602	1602
1603	1603	HB5556 - 44 - LRB103 38752 RLC 68889 b
1604	1604
1605	1605
1606	1606	HB5556- 45 -LRB103 38752 RLC 68889 b HB5556 - 45 - LRB103 38752 RLC 68889 b
1607	1607	HB5556 - 45 - LRB103 38752 RLC 68889 b
1608	1608	1 or 33A-3 (armed violence);
1609	1609	2 (2) under the Cannabis Control Act: Sections 5
1610	1610	3 (manufacture or delivery of cannabis), 5.1 (cannabis
1611	1611	4 trafficking), or 8 (production or possession of cannabis
1612	1612	5 plants), provided the offense either involves more than
1613	1613	6 500 grams of any substance containing cannabis or involves
1614	1614	7 more than 50 cannabis sativa plants;
1615	1615	8 (3) under the Illinois Controlled Substances Act:
1616	1616	9 Sections 401 (manufacture or delivery of a controlled
1617	1617	10 substance), 401.1 (controlled substance trafficking), 405
1618	1618	11 (calculated criminal drug conspiracy), or 405.2 (street
1619	1619	12 gang criminal drug conspiracy); or
1620	1620	13 (4) under the Methamphetamine Control and Community
1621	1621	14 Protection Act: Sections 15 (methamphetamine
1622	1622	15 manufacturing), or 55 (methamphetamine delivery).
1623	1623	16 (f) "Pattern of predicate activity" means:
1624	1624	17 (1) at least 3 occurrences of predicate activity that
1625	1625	18 are in some way related to each other and that have
1626	1626	19 continuity between them, and that are separate acts. Acts
1627	1627	20 are related to each other if they are not isolated events,
1628	1628	21 including if they have similar purposes, or results, or
1629	1629	22 participants, or victims, or are committed a similar way,
1630	1630	23 or have other similar distinguishing characteristics, or
1631	1631	24 are part of the affairs of the same enterprise. There is
1632	1632	25 continuity between acts if they are ongoing over a
1633	1633	26 substantial period, or if they are part of the regular way
1634	1634
1635	1635
1636	1636
1637	1637
1638	1638
1639	1639	HB5556 - 45 - LRB103 38752 RLC 68889 b
1640	1640
1641	1641
1642	1642	HB5556- 46 -LRB103 38752 RLC 68889 b HB5556 - 46 - LRB103 38752 RLC 68889 b
1643	1643	HB5556 - 46 - LRB103 38752 RLC 68889 b
1644	1644	1 some entity does business or conducts its affairs; and
1645	1645	2 (2) which occurs after the effective date of this
1646	1646	3 Article, and the last of which falls within 3 years
1647	1647	4 (excluding any period of imprisonment) after the first
1648	1648	5 occurrence of predicate activity.
1649	1649	6 (g) "Unlawful death" includes the following offenses:
1650	1650	7 under the Code of 1961 or the Criminal Code of 2012: Sections
1651	1651	8 9-1 (first degree murder) or 9-2 (second degree murder).
1652	1652	9 (Source: P.A. 97-686, eff. 6-11-12; 97-1150, eff. 1-25-13.)
1653	1653	10 Section 15. The Code of Criminal Procedure of 1963 is
1654	1654	11 amended by changing Sections 108B-3 and 124B-300 as follows:
1655	1655	12 (725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3)
1656	1656	13 Sec. 108B-3. Authorization for the interception of private
1657	1657	14 communication.
1658	1658	15 (a) The State's Attorney, or a person designated in
1659	1659	16 writing or by law to act for him and to perform his duties
1660	1660	17 during his absence or disability, may authorize, in writing,
1661	1661	18 an ex parte application to the chief judge of a court of
1662	1662	19 competent jurisdiction for an order authorizing the
1663	1663	20 interception of a private communication when no party has
1664	1664	21 consented to the interception and (i) the interception may
1665	1665	22 provide evidence of, or may assist in the apprehension of a
1666	1666	23 person who has committed, is committing or is about to commit,
1667	1667	24 a violation of Section 8-1(b) (solicitation of murder), 8-1.2
1668	1668
1669	1669
1670	1670
1671	1671
1672	1672
1673	1673	HB5556 - 46 - LRB103 38752 RLC 68889 b
1674	1674
1675	1675
1676	1676	HB5556- 47 -LRB103 38752 RLC 68889 b HB5556 - 47 - LRB103 38752 RLC 68889 b
1677	1677	HB5556 - 47 - LRB103 38752 RLC 68889 b
1678	1678	1 (solicitation of murder for hire), 9-1 (first degree murder),
1679	1679	2 10-9 (involuntary servitude, involuntary sexual servitude of a
1680	1680	3 minor, or trafficking in persons), paragraph (1), (2), or (3)
1681	1681	4 of subsection (a) of Section 11-14.4 (promoting juvenile
1682	1682	5 prostitution), subdivision (a)(2)(A) or (a)(2)(B) of Section
1683	1683	6 11-14.3 (promoting or facilitating prostitution), 11-15.1
1684	1684	7 (soliciting for a minor engaged in prostitution), 11-16
1685	1685	8 (pandering), 11-17.1 (keeping a place of juvenile
1686	1686	9 prostitution), 11-18.1 (patronizing a minor engaged in
1687	1687	10 prostitution), 11-19.1 (juvenile pimping and aggravated
1688	1688	11 juvenile pimping), or 29B-1 (money laundering) of the Criminal
1689	1689	12 Code of 1961 or the Criminal Code of 2012, Section 401, 401.1
1690	1690	13 (controlled substance trafficking), 405, 405.1 (criminal drug
1691	1691	14 conspiracy) or 407 of the Illinois Controlled Substances Act
1692	1692	15 or any Section of the Methamphetamine Control and Community
1693	1693	16 Protection Act, a violation of Section 24-2.1, 24-2.2, 24-3,
1694	1694	17 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection
1695	1695	18 24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10),
1696	1696	19 or 24-1(c) of the Criminal Code of 1961 or the Criminal Code of
1697	1697	20 2012 or conspiracy to commit money laundering or conspiracy to
1698	1698	21 commit first degree murder; (ii) in response to a clear and
1699	1699	22 present danger of imminent death or great bodily harm to
1700	1700	23 persons resulting from: (1) a kidnapping or the holding of a
1701	1701	24 hostage by force or the threat of the imminent use of force; or
1702	1702	25 (2) the occupation by force or the threat of the imminent use
1703	1703	26 of force of any premises, place, vehicle, vessel or aircraft;
1704	1704
1705	1705
1706	1706
1707	1707
1708	1708
1709	1709	HB5556 - 47 - LRB103 38752 RLC 68889 b
1710	1710
1711	1711
1712	1712	HB5556- 48 -LRB103 38752 RLC 68889 b HB5556 - 48 - LRB103 38752 RLC 68889 b
1713	1713	HB5556 - 48 - LRB103 38752 RLC 68889 b
1714	1714	1 (iii) to aid an investigation or prosecution of a civil action
1715	1715	2 brought under the Illinois Streetgang Terrorism Omnibus
1716	1716	3 Prevention Act when there is probable cause to believe the
1717	1717	4 interception of the private communication will provide
1718	1718	5 evidence that a streetgang is committing, has committed, or
1719	1719	6 will commit a second or subsequent gang-related offense or
1720	1720	7 that the interception of the private communication will aid in
1721	1721	8 the collection of a judgment entered under that Act; or (iv)
1722	1722	9 upon information and belief that a streetgang has committed,
1723	1723	10 is committing, or is about to commit a felony.
1724	1724	11 (b) The State's Attorney or a person designated in writing
1725	1725	12 or by law to act for the State's Attorney and to perform his or
1726	1726	13 her duties during his or her absence or disability, may
1727	1727	14 authorize, in writing, an ex parte application to the chief
1728	1728	15 judge of a circuit court for an order authorizing the
1729	1729	16 interception of a private communication when no party has
1730	1730	17 consented to the interception and the interception may provide
1731	1731	18 evidence of, or may assist in the apprehension of a person who
1732	1732	19 has committed, is committing or is about to commit, a
1733	1733	20 violation of an offense under Article 29D of the Criminal Code
1734	1734	21 of 1961 or the Criminal Code of 2012.
1735	1735	22 (b-1) Subsection (b) is inoperative on and after January
1736	1736	23 1, 2005.
1737	1737	24 (b-2) No conversations recorded or monitored pursuant to
1738	1738	25 subsection (b) shall be made inadmissible in a court of law by
1739	1739	26 virtue of subsection (b-1).
1740	1740
1741	1741
1742	1742
1743	1743
1744	1744
1745	1745	HB5556 - 48 - LRB103 38752 RLC 68889 b
1746	1746
1747	1747
1748	1748	HB5556- 49 -LRB103 38752 RLC 68889 b HB5556 - 49 - LRB103 38752 RLC 68889 b
1749	1749	HB5556 - 49 - LRB103 38752 RLC 68889 b
1750	1750	1 (c) As used in this Section, "streetgang" and
1751	1751	2 "gang-related" have the meanings ascribed to them in Section
1752	1752	3 10 of the Illinois Streetgang Terrorism Omnibus Prevention
1753	1753	4 Act.
1754	1754	5 (Source: P.A. 96-710, eff. 1-1-10; 96-1464, eff. 8-20-10;
1755	1755	6 97-897, eff. 1-1-13; 97-1150, eff. 1-25-13.)
1756	1756	7 (725 ILCS 5/124B-300)
1757	1757	8 Sec. 124B-300. Persons and property subject to forfeiture.
1758	1758	9 A person who commits the offense of involuntary servitude,
1759	1759	10 involuntary servitude of a minor, or trafficking of persons
1760	1760	11 under Section 10A-10 or Section 10-9 of the Criminal Code of
1761	1761	12 1961 or the Criminal Code of 2012, promoting juvenile
1762	1762	13 prostitution, keeping a place of juvenile prostitution, or
1763	1763	14 promoting or facilitating prostitution that involves keeping a
1764	1764	15 place of prostitution under subsection (a)(1) or (a)(4) of
1765	1765	16 Section 11-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2
1766	1766	17 of the Criminal Code of 1961 or of the Criminal Code of 2012
1767	1767	18 shall forfeit to the State of Illinois any profits or proceeds
1768	1768	19 and any property he or she has acquired or maintained in
1769	1769	20 violation of Section 10A-10 or Section 10-9 of the Criminal
1770	1770	21 Code of 1961 or the Criminal Code of 2012, promoting juvenile
1771	1771	22 prostitution, keeping a place of juvenile prostitution, or
1772	1772	23 promoting or facilitating prostitution that involves keeping a
1773	1773	24 place of prostitution under subsection (a)(1) or (a)(4) of
1774	1774	25 Section 11-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2
1775	1775
1776	1776
1777	1777
1778	1778
1779	1779
1780	1780	HB5556 - 49 - LRB103 38752 RLC 68889 b
1781	1781
1782	1782
1783	1783	HB5556- 50 -LRB103 38752 RLC 68889 b HB5556 - 50 - LRB103 38752 RLC 68889 b
1784	1784	HB5556 - 50 - LRB103 38752 RLC 68889 b
1785	1785	1 of the Criminal Code of 1961 or of the Criminal Code of 2012
1786	1786	2 that the sentencing court determines, after a forfeiture
1787	1787	3 hearing under this Article, to have been acquired or
1788	1788	4 maintained as a result of maintaining a person in involuntary
1789	1789	5 servitude or participating in trafficking of persons.
1790	1790	6 (Source: P.A. 97-1150, eff. 1-25-13; 98-1013, eff. 1-1-15.)
1791	1791	7 Section 20. The Trafficking Victims Protection Act is
1792	1792	8 amended by changing Section 10 as follows:
1793	1793	9 (740 ILCS 128/10)
1794	1794	10 Sec. 10. Definitions. As used in this Act:
1795	1795	11 "Human trafficking" means a violation or attempted
1796	1796	12 violation of subsection (d) of Section 10-9 of the Criminal
1797	1797	13 Code of 2012.
1798	1798	14 "Involuntary servitude" means a violation or attempted
1799	1799	15 violation of subsection (b) of Section 10-9 of the Criminal
1800	1800	16 Code of 2012.
1801	1801	17 "Sex trade" means a violation or attempted violation of
1802	1802	18 any of the following Sections of the Criminal Code of 1961 or
1803	1803	19 the Criminal Code of 2012: 11-14.3 (promoting or facilitating
1804	1804	20 prostitution); 11-14.4 (promoting juvenile prostitution);
1805	1805	21 11-15 (soliciting for a prostitute); 11-15.1 (soliciting for a
1806	1806	22 juvenile prostitute); 11-16 (pandering); 11-17 (keeping a
1807	1807	23 place of prostitution); 11-17.1 (keeping a place of juvenile
1808	1808	24 prostitution); 11-19 (pimping); 11-19.1 (juvenile pimping and
1809	1809
1810	1810
1811	1811
1812	1812
1813	1813
1814	1814	HB5556 - 50 - LRB103 38752 RLC 68889 b
1815	1815
1816	1816
1817	1817	HB5556- 51 -LRB103 38752 RLC 68889 b HB5556 - 51 - LRB103 38752 RLC 68889 b
1818	1818	HB5556 - 51 - LRB103 38752 RLC 68889 b
1819	1819	1 aggravated juvenile pimping); 11-19.2 (exploitation of a
1820	1820	2 child); 11-20 (obscenity); 11-20.1 (child pornography);
1821	1821	3 11-20.1B or 11-20.3 (aggravated child pornography); or
1822	1822	4 subsection (c) of Section 10-9 (involuntary sexual servitude
1823	1823	5 of a minor).
1824	1824	6 "Sex trade" activity may involve adults and youth of all
1825	1825	7 genders and sexual orientations.
1826	1826	8 "Victim of the sex trade" means, for the following sex
1827	1827	9 trade acts, the person or persons indicated:
1828	1828	10 (1) soliciting for a prostitute: the prostitute who is
1829	1829	11 the object of the solicitation;
1830	1830	12 (2) soliciting for a juvenile prostitute: the juvenile
1831	1831	13 prostitute, or person with a severe or profound
1832	1832	14 intellectual disability, who is the object of the
1833	1833	15 solicitation;
1834	1834	16 (3) promoting or facilitating prostitution as
1835	1835	17 described in subdivision (a)(2)(A) or (a)(2)(B) of Section
1836	1836	18 11-14.3 of the Criminal Code of 1961 or the Criminal Code
1837	1837	19 of 2012, or pandering: the person intended or compelled to
1838	1838	20 act as a prostitute;
1839	1839	21 (4) keeping a place of prostitution: any person
1840	1840	22 intended or compelled to act as a prostitute, while
1841	1841	23 present at the place, during the time period in question;
1842	1842	24 (5) keeping a place of juvenile prostitution: any
1843	1843	25 juvenile intended or compelled to act as a prostitute,
1844	1844	26 while present at the place, during the time period in
1845	1845
1846	1846
1847	1847
1848	1848
1849	1849
1850	1850	HB5556 - 51 - LRB103 38752 RLC 68889 b
1851	1851
1852	1852
1853	1853	HB5556- 52 -LRB103 38752 RLC 68889 b HB5556 - 52 - LRB103 38752 RLC 68889 b
1854	1854	HB5556 - 52 - LRB103 38752 RLC 68889 b
1855	1855	1 question;
1856	1856	2 (6) promoting or facilitating prostitution as
1857	1857	3 described in subdivision (a)(2)(C) of Section 11-14.3 of
1858	1858	4 the Criminal Code of 1961 or the Criminal Code of 2012, or
1859	1859	5 pimping: the prostitute from whom anything of value is
1860	1860	6 received;
1861	1861	7 (7) promoting juvenile prostitution as described in
1862	1862	8 subdivision (a)(2) or (a)(3) of Section 11-14.4 of the
1863	1863	9 Criminal Code of 1961 or the Criminal Code of 2012, or
1864	1864	10 juvenile pimping and aggravated juvenile pimping: the
1865	1865	11 juvenile, or person with a severe or profound intellectual
1866	1866	12 disability, from whom anything of value is received for
1867	1867	13 that person's act of prostitution;
1868	1868	14 (8) promoting juvenile prostitution as described in
1869	1869	15 subdivision (a)(4) of Section 11-14.4 of the Criminal Code
1870	1870	16 of 1961 or the Criminal Code of 2012, or exploitation of a
1871	1871	17 child: the juvenile, or person with a severe or profound
1872	1872	18 intellectual disability, intended or compelled to act as a
1873	1873	19 prostitute or from whom anything of value is received for
1874	1874	20 that person's act of prostitution;
1875	1875	21 (9) obscenity: any person who appears in or is
1876	1876	22 described or depicted in the offending conduct or
1877	1877	23 material;
1878	1878	24 (10) child pornography or aggravated child
1879	1879	25 pornography: any child, or person with a severe or
1880	1880	26 profound intellectual disability, who appears in or is
1881	1881
1882	1882
1883	1883
1884	1884
1885	1885
1886	1886	HB5556 - 52 - LRB103 38752 RLC 68889 b
1887	1887
1888	1888
1889	1889	HB5556- 53 -LRB103 38752 RLC 68889 b HB5556 - 53 - LRB103 38752 RLC 68889 b
1890	1890	HB5556 - 53 - LRB103 38752 RLC 68889 b
1891	1891	1 described or depicted in the offending conduct or
1892	1892	2 material; or
1893	1893	3 (11) involuntary sexual servitude of a minor as
1894	1894	4 defined in subsection (c) of Section 10-9 of the Criminal
1895	1895	5 Code of 1961 or the Criminal Code of 2012.
1896	1896	6 (Source: P.A. 99-143, eff. 7-27-15; 100-939, eff. 1-1-19.)
1897	1897	HB5556- 54 -LRB103 38752 RLC 68889 b 1 INDEX 2 Statutes amended in order of appearance HB5556- 54 -LRB103 38752 RLC 68889 b HB5556 - 54 - LRB103 38752 RLC 68889 b 1 INDEX 2 Statutes amended in order of appearance
1898	1898	HB5556- 54 -LRB103 38752 RLC 68889 b HB5556 - 54 - LRB103 38752 RLC 68889 b
1899	1899	HB5556 - 54 - LRB103 38752 RLC 68889 b
1900	1900	1 INDEX
1901	1901	2 Statutes amended in order of appearance
1902	1902
1903	1903
1904	1904
1905	1905
1906	1906
1907	1907	HB5556 - 53 - LRB103 38752 RLC 68889 b
1908	1908
1909	1909
1910	1910
1911	1911	HB5556- 54 -LRB103 38752 RLC 68889 b HB5556 - 54 - LRB103 38752 RLC 68889 b
1912	1912	HB5556 - 54 - LRB103 38752 RLC 68889 b
1913	1913	1 INDEX
1914	1914	2 Statutes amended in order of appearance
1915	1915
1916	1916
1917	1917
1918	1918
1919	1919
1920	1920	HB5556 - 54 - LRB103 38752 RLC 68889 b