104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0284 Introduced 1/24/2025, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED: 720 ILCS 5/10-9720 ILCS 5/11-9.3720 ILCS 5/11-25 Amends the Criminal Code of 2012. Provides that a person charged with involuntary sexual servitude of a minor or trafficking in persons if the victim is under 18 years of age shall not be permitted to plead down to lesser offenses. Provides that no person charged with grooming shall be permitted to plead down to lesser offenses. Provides that prosecutors are prohibited from offering plea bargains to lesser offenses to those individuals charged with grooming. Provides that it is a Class 4 felony for a child sex offender to knowingly operate, manage, be employed by, volunteer at, be associated with, or knowingly be present at any facility providing entertainment exclusively directed toward persons under the age of 18. LRB104 03920 RLC 13944 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0284 Introduced 1/24/2025, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED: 720 ILCS 5/10-9720 ILCS 5/11-9.3720 ILCS 5/11-25 720 ILCS 5/10-9 720 ILCS 5/11-9.3 720 ILCS 5/11-25 Amends the Criminal Code of 2012. Provides that a person charged with involuntary sexual servitude of a minor or trafficking in persons if the victim is under 18 years of age shall not be permitted to plead down to lesser offenses. Provides that no person charged with grooming shall be permitted to plead down to lesser offenses. Provides that prosecutors are prohibited from offering plea bargains to lesser offenses to those individuals charged with grooming. Provides that it is a Class 4 felony for a child sex offender to knowingly operate, manage, be employed by, volunteer at, be associated with, or knowingly be present at any facility providing entertainment exclusively directed toward persons under the age of 18. LRB104 03920 RLC 13944 b LRB104 03920 RLC 13944 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0284 Introduced 1/24/2025, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED: 720 ILCS 5/10-9720 ILCS 5/11-9.3720 ILCS 5/11-25 720 ILCS 5/10-9 720 ILCS 5/11-9.3 720 ILCS 5/11-25 720 ILCS 5/10-9 720 ILCS 5/11-9.3 720 ILCS 5/11-25 Amends the Criminal Code of 2012. Provides that a person charged with involuntary sexual servitude of a minor or trafficking in persons if the victim is under 18 years of age shall not be permitted to plead down to lesser offenses. Provides that no person charged with grooming shall be permitted to plead down to lesser offenses. Provides that prosecutors are prohibited from offering plea bargains to lesser offenses to those individuals charged with grooming. Provides that it is a Class 4 felony for a child sex offender to knowingly operate, manage, be employed by, volunteer at, be associated with, or knowingly be present at any facility providing entertainment exclusively directed toward persons under the age of 18. LRB104 03920 RLC 13944 b LRB104 03920 RLC 13944 b LRB104 03920 RLC 13944 b A BILL FOR SB0284LRB104 03920 RLC 13944 b SB0284 LRB104 03920 RLC 13944 b SB0284 LRB104 03920 RLC 13944 b 1 AN ACT concerning criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Code of 2012 is amended by 5 changing Sections 10-9, 11-9.3, and 11-25 as follows: 6 (720 ILCS 5/10-9) 7 Sec. 10-9. Trafficking in persons, involuntary servitude, 8 and related offenses. 9 (a) Definitions. In this Section: 10 (1) "Intimidation" has the meaning prescribed in Section 11 12-6. 12 (2) "Commercial sexual activity" means any sex act on 13 account of which anything of value is given, promised to, or 14 received by any person. 15 (2.5) "Company" means any sole proprietorship, 16 organization, association, corporation, partnership, joint 17 venture, limited partnership, limited liability partnership, 18 limited liability limited partnership, limited liability 19 company, or other entity or business association, including 20 all wholly owned subsidiaries, majority-owned subsidiaries, 21 parent companies, or affiliates of those entities or business 22 associations, that exist for the purpose of making profit. 23 (3) "Financial harm" includes intimidation that brings 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0284 Introduced 1/24/2025, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED: 720 ILCS 5/10-9720 ILCS 5/11-9.3720 ILCS 5/11-25 720 ILCS 5/10-9 720 ILCS 5/11-9.3 720 ILCS 5/11-25 720 ILCS 5/10-9 720 ILCS 5/11-9.3 720 ILCS 5/11-25 Amends the Criminal Code of 2012. Provides that a person charged with involuntary sexual servitude of a minor or trafficking in persons if the victim is under 18 years of age shall not be permitted to plead down to lesser offenses. Provides that no person charged with grooming shall be permitted to plead down to lesser offenses. Provides that prosecutors are prohibited from offering plea bargains to lesser offenses to those individuals charged with grooming. Provides that it is a Class 4 felony for a child sex offender to knowingly operate, manage, be employed by, volunteer at, be associated with, or knowingly be present at any facility providing entertainment exclusively directed toward persons under the age of 18. LRB104 03920 RLC 13944 b LRB104 03920 RLC 13944 b LRB104 03920 RLC 13944 b A BILL FOR 720 ILCS 5/10-9 720 ILCS 5/11-9.3 720 ILCS 5/11-25 LRB104 03920 RLC 13944 b SB0284 LRB104 03920 RLC 13944 b SB0284- 2 -LRB104 03920 RLC 13944 b SB0284 - 2 - LRB104 03920 RLC 13944 b SB0284 - 2 - LRB104 03920 RLC 13944 b 1 about financial loss, criminal usury, or employment contracts 2 that violate the Frauds Act. 3 (4) (Blank). 4 (5) "Labor" means work of economic or financial value. 5 (6) "Maintain" means, in relation to labor or services, to 6 secure continued performance thereof, regardless of any 7 initial agreement on the part of the victim to perform that 8 type of service. 9 (7) "Obtain" means, in relation to labor or services, to 10 secure performance thereof. 11 (7.5) "Serious harm" means any harm, whether physical or 12 nonphysical, including psychological, financial, or 13 reputational harm, that is sufficiently serious, under all the 14 surrounding circumstances, to compel a reasonable person of 15 the same background and in the same circumstances to perform 16 or to continue performing labor or services in order to avoid 17 incurring that harm. 18 (8) "Services" means activities resulting from a 19 relationship between a person and the actor in which the 20 person performs activities under the supervision of or for the 21 benefit of the actor. Commercial sexual activity and 22 sexually-explicit performances are forms of activities that 23 are "services" under this Section. Nothing in this definition 24 may be construed to legitimize or legalize prostitution. 25 (9) "Sexually-explicit performance" means a live, 26 recorded, broadcast (including over the Internet), or public SB0284 - 2 - LRB104 03920 RLC 13944 b SB0284- 3 -LRB104 03920 RLC 13944 b SB0284 - 3 - LRB104 03920 RLC 13944 b SB0284 - 3 - LRB104 03920 RLC 13944 b 1 act or show intended to arouse or satisfy the sexual desires or 2 appeal to the prurient interests of patrons. 3 (10) "Trafficking victim" means a person subjected to the 4 practices set forth in subsection (b), (c), or (d). 5 (b) Involuntary servitude. A person commits involuntary 6 servitude when he or she knowingly subjects, attempts to 7 subject, or engages in a conspiracy to subject another person 8 to labor or services obtained or maintained through any of the 9 following means, or any combination of these means: 10 (1) causes or threatens to cause physical harm to any 11 person; 12 (2) physically restrains or threatens to physically 13 restrain another person; 14 (3) abuses or threatens to abuse the law or legal 15 process; 16 (4) knowingly destroys, conceals, removes, 17 confiscates, or possesses any actual or purported passport 18 or other immigration document, or any other actual or 19 purported government identification document, of another 20 person; 21 (5) uses intimidation, or exerts financial control 22 over any person; or 23 (6) uses any scheme, plan, or pattern intended to 24 cause the person to believe that, if the person did not 25 perform the labor or services, that person or another 26 person would suffer serious harm or physical restraint. SB0284 - 3 - LRB104 03920 RLC 13944 b SB0284- 4 -LRB104 03920 RLC 13944 b SB0284 - 4 - LRB104 03920 RLC 13944 b SB0284 - 4 - LRB104 03920 RLC 13944 b 1 Sentence. Except as otherwise provided in subsection (e) 2 or (f), a violation of subsection (b)(1) is a Class X felony, 3 (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) 4 is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony. 5 (c) Involuntary sexual servitude of a minor. A person 6 commits involuntary sexual servitude of a minor when he or she 7 knowingly recruits, entices, harbors, transports, provides, or 8 obtains by any means, or attempts to recruit, entice, harbor, 9 provide, or obtain by any means, another person under 18 years 10 of age, knowing that the minor will engage in commercial 11 sexual activity, a sexually-explicit performance, or the 12 production of pornography, or causes or attempts to cause a 13 minor to engage in one or more of those activities and: 14 (1) there is no overt force or threat and the minor is 15 between the ages of 17 and 18 years; 16 (2) there is no overt force or threat and the minor is 17 under the age of 17 years; or 18 (3) there is overt force or threat. 19 Sentence. Except as otherwise provided in subsection (e) 20 or (f), a violation of subsection (c)(1) is a Class 1 felony, 21 (c)(2) is a Class X felony, and (c)(3) is a Class X felony. 22 (d) Trafficking in persons. A person commits trafficking 23 in persons when he or she knowingly: (1) recruits, entices, 24 harbors, transports, provides, or obtains by any means, or 25 attempts to recruit, entice, harbor, transport, provide, or 26 obtain by any means, another person, intending or knowing that SB0284 - 4 - LRB104 03920 RLC 13944 b SB0284- 5 -LRB104 03920 RLC 13944 b SB0284 - 5 - LRB104 03920 RLC 13944 b SB0284 - 5 - LRB104 03920 RLC 13944 b 1 the person will be subjected to involuntary servitude; or (2) 2 benefits, financially or by receiving anything of value, from 3 participation in a venture that has engaged in an act of 4 involuntary servitude or involuntary sexual servitude of a 5 minor. A company commits trafficking in persons when the 6 company knowingly benefits, financially or by receiving 7 anything of value, from participation in a venture that has 8 engaged in an act of involuntary servitude or involuntary 9 sexual servitude of a minor. 10 Sentence. Except as otherwise provided in subsection (e) 11 or (f), a violation of this subsection by a person is a Class 1 12 felony. A violation of this subsection by a company is a 13 business offense for which a fine of up to $100,000 may be 14 imposed. 15 (e) Aggravating factors. A violation of this Section 16 involving kidnapping or an attempt to kidnap, aggravated 17 criminal sexual assault or an attempt to commit aggravated 18 criminal sexual assault, or an attempt to commit first degree 19 murder is a Class X felony. 20 (f) Sentencing considerations. 21 (1) Bodily injury. If, pursuant to a violation of this 22 Section, a victim suffered bodily injury, the defendant 23 may be sentenced to an extended-term sentence under 24 Section 5-8-2 of the Unified Code of Corrections. The 25 sentencing court must take into account the time in which 26 the victim was held in servitude, with increased penalties SB0284 - 5 - LRB104 03920 RLC 13944 b SB0284- 6 -LRB104 03920 RLC 13944 b SB0284 - 6 - LRB104 03920 RLC 13944 b SB0284 - 6 - LRB104 03920 RLC 13944 b 1 for cases in which the victim was held for between 180 days 2 and one year, and increased penalties for cases in which 3 the victim was held for more than one year. 4 (2) Number of victims. In determining sentences within 5 statutory maximums, the sentencing court should take into 6 account the number of victims, and may provide for 7 substantially increased sentences in cases involving more 8 than 10 victims. 9 (g) Restitution. Restitution is mandatory under this 10 Section. In addition to any other amount of loss identified, 11 the court shall order restitution including the greater of (1) 12 the gross income or value to the defendant of the victim's 13 labor or services or (2) the value of the victim's labor as 14 guaranteed under the Minimum Wage Law and overtime provisions 15 of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, 16 whichever is greater. 17 (g-5) Fine distribution. If the court imposes a fine under 18 subsection (b), (c), or (d) of this Section, it shall be 19 collected and distributed to the Specialized Services for 20 Survivors of Human Trafficking Fund in accordance with Section 21 5-9-1.21 of the Unified Code of Corrections. 22 (h) Trafficking victim services. Subject to the 23 availability of funds, the Department of Human Services may 24 provide or fund emergency services and assistance to 25 individuals who are victims of one or more offenses defined in 26 this Section. SB0284 - 6 - LRB104 03920 RLC 13944 b SB0284- 7 -LRB104 03920 RLC 13944 b SB0284 - 7 - LRB104 03920 RLC 13944 b SB0284 - 7 - LRB104 03920 RLC 13944 b 1 (i) Certification. The Attorney General, a State's 2 Attorney, or any law enforcement official shall certify in 3 writing to the United States Department of Justice or other 4 federal agency, such as the United States Department of 5 Homeland Security, that an investigation or prosecution under 6 this Section has begun and the individual who is a likely 7 victim of a crime described in this Section is willing to 8 cooperate or is cooperating with the investigation to enable 9 the individual, if eligible under federal law, to qualify for 10 an appropriate special immigrant visa and to access available 11 federal benefits. Cooperation with law enforcement shall not 12 be required of victims of a crime described in this Section who 13 are under 18 years of age. This certification shall be made 14 available to the victim and his or her designated legal 15 representative. 16 (j) A person who commits involuntary servitude, 17 involuntary sexual servitude of a minor, or trafficking in 18 persons under subsection (b), (c), or (d) of this Section is 19 subject to the property forfeiture provisions set forth in 20 Article 124B of the Code of Criminal Procedure of 1963. 21 (k) Prohibition of plea bargains. 22 (1) No person charged with involuntary sexual 23 servitude of a minor or trafficking in persons if the 24 victim is under 18 years of age shall be permitted to plead 25 down to lesser offenses. 26 (2) Prosecutors are prohibited from offering plea SB0284 - 7 - LRB104 03920 RLC 13944 b SB0284- 8 -LRB104 03920 RLC 13944 b SB0284 - 8 - LRB104 03920 RLC 13944 b SB0284 - 8 - LRB104 03920 RLC 13944 b 1 bargains to lesser offenses to those individuals charged 2 with involuntary sexual servitude of a minor or 3 trafficking in persons if the victim is under 18 years of 4 age. 5 (Source: P.A. 101-18, eff. 1-1-20.) 6 (720 ILCS 5/11-9.3) 7 Sec. 11-9.3. Presence within school zone by child sex 8 offenders prohibited; approaching, contacting, residing with, 9 or communicating with a child within certain places by child 10 sex offenders prohibited. 11 (a) It is unlawful for a child sex offender to knowingly be 12 present in any school building, on real property comprising 13 any school, or in any conveyance owned, leased, or contracted 14 by a school to transport students to or from school or a school 15 related activity when persons under the age of 18 are present 16 in the building, on the grounds or in the conveyance, unless 17 the offender is a parent or guardian of a student attending the 18 school and the parent or guardian is: (i) attending a 19 conference at the school with school personnel to discuss the 20 progress of his or her child academically or socially, (ii) 21 participating in child review conferences in which evaluation 22 and placement decisions may be made with respect to his or her 23 child regarding special education services, or (iii) attending 24 conferences to discuss other student issues concerning his or 25 her child such as retention and promotion and notifies the SB0284 - 8 - LRB104 03920 RLC 13944 b SB0284- 9 -LRB104 03920 RLC 13944 b SB0284 - 9 - LRB104 03920 RLC 13944 b SB0284 - 9 - LRB104 03920 RLC 13944 b 1 principal of the school of his or her presence at the school or 2 unless the offender has permission to be present from the 3 superintendent or the school board or in the case of a private 4 school from the principal. In the case of a public school, if 5 permission is granted, the superintendent or school board 6 president must inform the principal of the school where the 7 sex offender will be present. Notification includes the nature 8 of the sex offender's visit and the hours in which the sex 9 offender will be present in the school. The sex offender is 10 responsible for notifying the principal's office when he or 11 she arrives on school property and when he or she departs from 12 school property. If the sex offender is to be present in the 13 vicinity of children, the sex offender has the duty to remain 14 under the direct supervision of a school official. 15 (a-5) It is unlawful for a child sex offender to knowingly 16 be present within 100 feet of a site posted as a pick-up or 17 discharge stop for a conveyance owned, leased, or contracted 18 by a school to transport students to or from school or a school 19 related activity when one or more persons under the age of 18 20 are present at the site. 21 (a-10) It is unlawful for a child sex offender to 22 knowingly be present in any public park building, a playground 23 or recreation area within any publicly accessible privately 24 owned building, or on real property comprising any public park 25 when persons under the age of 18 are present in the building or 26 on the grounds and to approach, contact, or communicate with a SB0284 - 9 - LRB104 03920 RLC 13944 b SB0284- 10 -LRB104 03920 RLC 13944 b SB0284 - 10 - LRB104 03920 RLC 13944 b SB0284 - 10 - LRB104 03920 RLC 13944 b 1 child under 18 years of age, unless the offender is a parent or 2 guardian of a person under 18 years of age present in the 3 building or on the grounds. 4 (b) It is unlawful for a child sex offender to knowingly 5 loiter within 500 feet of a school building or real property 6 comprising any school while persons under the age of 18 are 7 present in the building or on the grounds, unless the offender 8 is a parent or guardian of a student attending the school and 9 the parent or guardian is: (i) attending a conference at the 10 school with school personnel to discuss the progress of his or 11 her child academically or socially, (ii) participating in 12 child review conferences in which evaluation and placement 13 decisions may be made with respect to his or her child 14 regarding special education services, or (iii) attending 15 conferences to discuss other student issues concerning his or 16 her child such as retention and promotion and notifies the 17 principal of the school of his or her presence at the school or 18 has permission to be present from the superintendent or the 19 school board or in the case of a private school from the 20 principal. In the case of a public school, if permission is 21 granted, the superintendent or school board president must 22 inform the principal of the school where the sex offender will 23 be present. Notification includes the nature of the sex 24 offender's visit and the hours in which the sex offender will 25 be present in the school. The sex offender is responsible for 26 notifying the principal's office when he or she arrives on SB0284 - 10 - LRB104 03920 RLC 13944 b SB0284- 11 -LRB104 03920 RLC 13944 b SB0284 - 11 - LRB104 03920 RLC 13944 b SB0284 - 11 - LRB104 03920 RLC 13944 b 1 school property and when he or she departs from school 2 property. If the sex offender is to be present in the vicinity 3 of children, the sex offender has the duty to remain under the 4 direct supervision of a school official. 5 (b-2) It is unlawful for a child sex offender to knowingly 6 loiter on a public way within 500 feet of a public park 7 building or real property comprising any public park while 8 persons under the age of 18 are present in the building or on 9 the grounds and to approach, contact, or communicate with a 10 child under 18 years of age, unless the offender is a parent or 11 guardian of a person under 18 years of age present in the 12 building or on the grounds. 13 (b-5) It is unlawful for a child sex offender to knowingly 14 reside within 500 feet of a school building or the real 15 property comprising any school that persons under the age of 16 18 attend. Nothing in this subsection (b-5) prohibits a child 17 sex offender from residing within 500 feet of a school 18 building or the real property comprising any school that 19 persons under 18 attend if the property is owned by the child 20 sex offender and was purchased before July 7, 2000 (the 21 effective date of Public Act 91-911). 22 (b-10) It is unlawful for a child sex offender to 23 knowingly reside within 500 feet of a playground, child care 24 institution, day care center, part day child care facility, 25 day care home, group day care home, or a facility providing 26 programs or services exclusively directed toward persons under SB0284 - 11 - LRB104 03920 RLC 13944 b SB0284- 12 -LRB104 03920 RLC 13944 b SB0284 - 12 - LRB104 03920 RLC 13944 b SB0284 - 12 - LRB104 03920 RLC 13944 b 1 18 years of age. Nothing in this subsection (b-10) prohibits a 2 child sex offender from residing within 500 feet of a 3 playground or a facility providing programs or services 4 exclusively directed toward persons under 18 years of age if 5 the property is owned by the child sex offender and was 6 purchased before July 7, 2000. Nothing in this subsection 7 (b-10) prohibits a child sex offender from residing within 500 8 feet of a child care institution, day care center, or part day 9 child care facility if the property is owned by the child sex 10 offender and was purchased before June 26, 2006. Nothing in 11 this subsection (b-10) prohibits a child sex offender from 12 residing within 500 feet of a day care home or group day care 13 home if the property is owned by the child sex offender and was 14 purchased before August 14, 2008 (the effective date of Public 15 Act 95-821). 16 (b-15) It is unlawful for a child sex offender to 17 knowingly reside within 500 feet of the victim of the sex 18 offense. Nothing in this subsection (b-15) prohibits a child 19 sex offender from residing within 500 feet of the victim if the 20 property in which the child sex offender resides is owned by 21 the child sex offender and was purchased before August 22, 22 2002. 23 This subsection (b-15) does not apply if the victim of the 24 sex offense is 21 years of age or older. 25 (b-20) It is unlawful for a child sex offender to 26 knowingly communicate, other than for a lawful purpose under SB0284 - 12 - LRB104 03920 RLC 13944 b SB0284- 13 -LRB104 03920 RLC 13944 b SB0284 - 13 - LRB104 03920 RLC 13944 b SB0284 - 13 - LRB104 03920 RLC 13944 b 1 Illinois law, using the Internet or any other digital media, 2 with a person under 18 years of age or with a person whom he or 3 she believes to be a person under 18 years of age, unless the 4 offender is a parent or guardian of the person under 18 years 5 of age. 6 (c) It is unlawful for a child sex offender to knowingly 7 operate, manage, be employed by, volunteer at, be associated 8 with, or knowingly be present at any: (i) facility providing 9 programs, or services, or entertainment exclusively directed 10 toward persons under the age of 18; (ii) day care center; (iii) 11 part day child care facility; (iv) child care institution; (v) 12 school providing before and after school programs for children 13 under 18 years of age; (vi) day care home; or (vii) group day 14 care home. This does not prohibit a child sex offender from 15 owning the real property upon which the programs or services 16 are offered or upon which the day care center, part day child 17 care facility, child care institution, or school providing 18 before and after school programs for children under 18 years 19 of age is located, provided the child sex offender refrains 20 from being present on the premises for the hours during which: 21 (1) the programs or services are being offered or (2) the day 22 care center, part day child care facility, child care 23 institution, or school providing before and after school 24 programs for children under 18 years of age, day care home, or 25 group day care home is operated. 26 (c-2) It is unlawful for a child sex offender to SB0284 - 13 - LRB104 03920 RLC 13944 b SB0284- 14 -LRB104 03920 RLC 13944 b SB0284 - 14 - LRB104 03920 RLC 13944 b SB0284 - 14 - LRB104 03920 RLC 13944 b 1 participate in a holiday event involving children under 18 2 years of age, including but not limited to distributing candy 3 or other items to children on Halloween, wearing a Santa Claus 4 costume on or preceding Christmas, being employed as a 5 department store Santa Claus, or wearing an Easter Bunny 6 costume on or preceding Easter. For the purposes of this 7 subsection, child sex offender has the meaning as defined in 8 this Section, but does not include as a sex offense under 9 paragraph (2) of subsection (d) of this Section, the offense 10 under subsection (c) of Section 11-1.50 of this Code. This 11 subsection does not apply to a child sex offender who is a 12 parent or guardian of children under 18 years of age that are 13 present in the home and other non-familial minors are not 14 present. 15 (c-5) It is unlawful for a child sex offender to knowingly 16 operate, manage, be employed by, or be associated with any 17 carnival, amusement enterprise, or county or State fair when 18 persons under the age of 18 are present. 19 (c-6) It is unlawful for a child sex offender who owns and 20 resides at residential real estate to knowingly rent any 21 residential unit within the same building in which he or she 22 resides to a person who is the parent or guardian of a child or 23 children under 18 years of age. This subsection shall apply 24 only to leases or other rental arrangements entered into after 25 January 1, 2009 (the effective date of Public Act 95-820). 26 (c-7) It is unlawful for a child sex offender to knowingly SB0284 - 14 - LRB104 03920 RLC 13944 b SB0284- 15 -LRB104 03920 RLC 13944 b SB0284 - 15 - LRB104 03920 RLC 13944 b SB0284 - 15 - LRB104 03920 RLC 13944 b 1 offer or provide any programs or services to persons under 18 2 years of age in his or her residence or the residence of 3 another or in any facility for the purpose of offering or 4 providing such programs or services, whether such programs or 5 services are offered or provided by contract, agreement, 6 arrangement, or on a volunteer basis. 7 (c-8) It is unlawful for a child sex offender to knowingly 8 operate, whether authorized to do so or not, any of the 9 following vehicles: (1) a vehicle which is specifically 10 designed, constructed or modified and equipped to be used for 11 the retail sale of food or beverages, including but not 12 limited to an ice cream truck; (2) an authorized emergency 13 vehicle; or (3) a rescue vehicle. 14 (d) Definitions. In this Section: 15 (1) "Child sex offender" means any person who: 16 (i) has been charged under Illinois law, or any 17 substantially similar federal law or law of another 18 state, with a sex offense set forth in paragraph (2) of 19 this subsection (d) or the attempt to commit an 20 included sex offense, and the victim is a person under 21 18 years of age at the time of the offense; and: 22 (A) is convicted of such offense or an attempt 23 to commit such offense; or 24 (B) is found not guilty by reason of insanity 25 of such offense or an attempt to commit such 26 offense; or SB0284 - 15 - LRB104 03920 RLC 13944 b SB0284- 16 -LRB104 03920 RLC 13944 b SB0284 - 16 - LRB104 03920 RLC 13944 b SB0284 - 16 - LRB104 03920 RLC 13944 b 1 (C) is found not guilty by reason of insanity 2 pursuant to subsection (c) of Section 104-25 of 3 the Code of Criminal Procedure of 1963 of such 4 offense or an attempt to commit such offense; or 5 (D) is the subject of a finding not resulting 6 in an acquittal at a hearing conducted pursuant to 7 subsection (a) of Section 104-25 of the Code of 8 Criminal Procedure of 1963 for the alleged 9 commission or attempted commission of such 10 offense; or 11 (E) is found not guilty by reason of insanity 12 following a hearing conducted pursuant to a 13 federal law or the law of another state 14 substantially similar to subsection (c) of Section 15 104-25 of the Code of Criminal Procedure of 1963 16 of such offense or of the attempted commission of 17 such offense; or 18 (F) is the subject of a finding not resulting 19 in an acquittal at a hearing conducted pursuant to 20 a federal law or the law of another state 21 substantially similar to subsection (a) of Section 22 104-25 of the Code of Criminal Procedure of 1963 23 for the alleged violation or attempted commission 24 of such offense; or 25 (ii) is certified as a sexually dangerous person 26 pursuant to the Illinois Sexually Dangerous Persons SB0284 - 16 - LRB104 03920 RLC 13944 b SB0284- 17 -LRB104 03920 RLC 13944 b SB0284 - 17 - LRB104 03920 RLC 13944 b SB0284 - 17 - LRB104 03920 RLC 13944 b 1 Act, or any substantially similar federal law or the 2 law of another state, when any conduct giving rise to 3 such certification is committed or attempted against a 4 person less than 18 years of age; or 5 (iii) is subject to the provisions of Section 2 of 6 the Interstate Agreements on Sexually Dangerous 7 Persons Act. 8 Convictions that result from or are connected with the 9 same act, or result from offenses committed at the same 10 time, shall be counted for the purpose of this Section as 11 one conviction. Any conviction set aside pursuant to law 12 is not a conviction for purposes of this Section. 13 (2) Except as otherwise provided in paragraph (2.5), 14 "sex offense" means: 15 (i) A violation of any of the following Sections 16 of the Criminal Code of 1961 or the Criminal Code of 17 2012: 10-4 (forcible detention), 10-7 (aiding or 18 abetting child abduction under Section 10-5(b)(10)), 19 10-5(b)(10) (child luring), 11-1.40 (predatory 20 criminal sexual assault of a child), 11-6 (indecent 21 solicitation of a child), 11-6.5 (indecent 22 solicitation of an adult), 11-9.1 (sexual exploitation 23 of a child), 11-9.2 (custodial sexual misconduct), 24 11-9.5 (sexual misconduct with a person with a 25 disability), 11-11 (sexual relations within families), 26 11-14.3(a)(1) (promoting prostitution by advancing SB0284 - 17 - LRB104 03920 RLC 13944 b SB0284- 18 -LRB104 03920 RLC 13944 b SB0284 - 18 - LRB104 03920 RLC 13944 b SB0284 - 18 - LRB104 03920 RLC 13944 b 1 prostitution), 11-14.3(a)(2)(A) (promoting 2 prostitution by profiting from prostitution by 3 compelling a person to be a prostitute), 4 11-14.3(a)(2)(C) (promoting prostitution by profiting 5 from prostitution by means other than as described in 6 subparagraphs (A) and (B) of paragraph (2) of 7 subsection (a) of Section 11-14.3), 11-14.4 (promoting 8 juvenile prostitution), 11-18.1 (patronizing a 9 juvenile prostitute), 11-20.1 (child pornography), 10 11-20.1B (aggravated child pornography), 11-21 11 (harmful material), 11-25 (grooming), 11-26 (traveling 12 to meet a minor or traveling to meet a child), 12-33 13 (ritualized abuse of a child), 11-20 (obscenity) (when 14 that offense was committed in any school, on real 15 property comprising any school, in any conveyance 16 owned, leased, or contracted by a school to transport 17 students to or from school or a school related 18 activity, or in a public park), 11-30 (public 19 indecency) (when committed in a school, on real 20 property comprising a school, in any conveyance owned, 21 leased, or contracted by a school to transport 22 students to or from school or a school related 23 activity, or in a public park). An attempt to commit 24 any of these offenses. 25 (ii) A violation of any of the following Sections 26 of the Criminal Code of 1961 or the Criminal Code of SB0284 - 18 - LRB104 03920 RLC 13944 b SB0284- 19 -LRB104 03920 RLC 13944 b SB0284 - 19 - LRB104 03920 RLC 13944 b SB0284 - 19 - LRB104 03920 RLC 13944 b 1 2012, when the victim is a person under 18 years of 2 age: 11-1.20 (criminal sexual assault), 11-1.30 3 (aggravated criminal sexual assault), 11-1.50 4 (criminal sexual abuse), 11-1.60 (aggravated criminal 5 sexual abuse). An attempt to commit any of these 6 offenses. 7 (iii) A violation of any of the following Sections 8 of the Criminal Code of 1961 or the Criminal Code of 9 2012, when the victim is a person under 18 years of age 10 and the defendant is not a parent of the victim: 11 10-1 (kidnapping), 12 10-2 (aggravated kidnapping), 13 10-3 (unlawful restraint), 14 10-3.1 (aggravated unlawful restraint), 15 11-9.1(A) (permitting sexual abuse of a child). 16 An attempt to commit any of these offenses. 17 (iv) A violation of any former law of this State 18 substantially equivalent to any offense listed in 19 clause (2)(i) or (2)(ii) of subsection (d) of this 20 Section. 21 (2.5) For the purposes of subsections (b-5) and (b-10) 22 only, a sex offense means: 23 (i) A violation of any of the following Sections 24 of the Criminal Code of 1961 or the Criminal Code of 25 2012: 26 10-5(b)(10) (child luring), 10-7 (aiding or SB0284 - 19 - LRB104 03920 RLC 13944 b SB0284- 20 -LRB104 03920 RLC 13944 b SB0284 - 20 - LRB104 03920 RLC 13944 b SB0284 - 20 - LRB104 03920 RLC 13944 b 1 abetting child abduction under Section 10-5(b)(10)), 2 11-1.40 (predatory criminal sexual assault of a 3 child), 11-6 (indecent solicitation of a child), 4 11-6.5 (indecent solicitation of an adult), 11-9.2 5 (custodial sexual misconduct), 11-9.5 (sexual 6 misconduct with a person with a disability), 11-11 7 (sexual relations within families), 11-14.3(a)(1) 8 (promoting prostitution by advancing prostitution), 9 11-14.3(a)(2)(A) (promoting prostitution by profiting 10 from prostitution by compelling a person to be a 11 prostitute), 11-14.3(a)(2)(C) (promoting prostitution 12 by profiting from prostitution by means other than as 13 described in subparagraphs (A) and (B) of paragraph 14 (2) of subsection (a) of Section 11-14.3), 11-14.4 15 (promoting juvenile prostitution), 11-18.1 16 (patronizing a juvenile prostitute), 11-20.1 (child 17 pornography), 11-20.1B (aggravated child pornography), 18 11-25 (grooming), 11-26 (traveling to meet a minor or 19 traveling to meet a child), or 12-33 (ritualized abuse 20 of a child). An attempt to commit any of these 21 offenses. 22 (ii) A violation of any of the following Sections 23 of the Criminal Code of 1961 or the Criminal Code of 24 2012, when the victim is a person under 18 years of 25 age: 11-1.20 (criminal sexual assault), 11-1.30 26 (aggravated criminal sexual assault), 11-1.60 SB0284 - 20 - LRB104 03920 RLC 13944 b SB0284- 21 -LRB104 03920 RLC 13944 b SB0284 - 21 - LRB104 03920 RLC 13944 b SB0284 - 21 - LRB104 03920 RLC 13944 b 1 (aggravated criminal sexual abuse), and subsection (a) 2 of Section 11-1.50 (criminal sexual abuse). An attempt 3 to commit any of these offenses. 4 (iii) A violation of any of the following Sections 5 of the Criminal Code of 1961 or the Criminal Code of 6 2012, when the victim is a person under 18 years of age 7 and the defendant is not a parent of the victim: 8 10-1 (kidnapping), 9 10-2 (aggravated kidnapping), 10 10-3 (unlawful restraint), 11 10-3.1 (aggravated unlawful restraint), 12 11-9.1(A) (permitting sexual abuse of a child). 13 An attempt to commit any of these offenses. 14 (iv) A violation of any former law of this State 15 substantially equivalent to any offense listed in this 16 paragraph (2.5) of this subsection. 17 (3) A conviction for an offense of federal law or the 18 law of another state that is substantially equivalent to 19 any offense listed in paragraph (2) of subsection (d) of 20 this Section shall constitute a conviction for the purpose 21 of this Section. A finding or adjudication as a sexually 22 dangerous person under any federal law or law of another 23 state that is substantially equivalent to the Sexually 24 Dangerous Persons Act shall constitute an adjudication for 25 the purposes of this Section. 26 (4) "Authorized emergency vehicle", "rescue vehicle", SB0284 - 21 - LRB104 03920 RLC 13944 b SB0284- 22 -LRB104 03920 RLC 13944 b SB0284 - 22 - LRB104 03920 RLC 13944 b SB0284 - 22 - LRB104 03920 RLC 13944 b 1 and "vehicle" have the meanings ascribed to them in 2 Sections 1-105, 1-171.8 and 1-217, respectively, of the 3 Illinois Vehicle Code. 4 (5) "Child care institution" has the meaning ascribed 5 to it in Section 2.06 of the Child Care Act of 1969. 6 (6) "Day care center" has the meaning ascribed to it 7 in Section 2.09 of the Child Care Act of 1969. 8 (7) "Day care home" has the meaning ascribed to it in 9 Section 2.18 of the Child Care Act of 1969. 10 (8) "Facility providing programs or services directed 11 towards persons under the age of 18" means any facility 12 providing programs or services exclusively directed 13 towards persons under the age of 18. 14 (9) "Group day care home" has the meaning ascribed to 15 it in Section 2.20 of the Child Care Act of 1969. 16 (10) "Internet" has the meaning set forth in Section 17 16-0.1 of this Code. 18 (11) "Loiter" means: 19 (i) Standing, sitting idly, whether or not the 20 person is in a vehicle, or remaining in or around 21 school or public park property. 22 (ii) Standing, sitting idly, whether or not the 23 person is in a vehicle, or remaining in or around 24 school or public park property, for the purpose of 25 committing or attempting to commit a sex offense. 26 (iii) Entering or remaining in a building in or SB0284 - 22 - LRB104 03920 RLC 13944 b SB0284- 23 -LRB104 03920 RLC 13944 b SB0284 - 23 - LRB104 03920 RLC 13944 b SB0284 - 23 - LRB104 03920 RLC 13944 b 1 around school property, other than the offender's 2 residence. 3 (12) "Part day child care facility" has the meaning 4 ascribed to it in Section 2.10 of the Child Care Act of 5 1969. 6 (13) "Playground" means a piece of land owned or 7 controlled by a unit of local government that is 8 designated by the unit of local government for use solely 9 or primarily for children's recreation. 10 (14) "Public park" includes a park, forest preserve, 11 bikeway, trail, or conservation area under the 12 jurisdiction of the State or a unit of local government. 13 (15) "School" means a public or private preschool or 14 elementary or secondary school. 15 (16) "School official" means the principal, a teacher, 16 or any other certified employee of the school, the 17 superintendent of schools or a member of the school board. 18 (e) For the purposes of this Section, the 500 feet 19 distance shall be measured from: (1) the edge of the property 20 of the school building or the real property comprising the 21 school that is closest to the edge of the property of the child 22 sex offender's residence or where he or she is loitering, and 23 (2) the edge of the property comprising the public park 24 building or the real property comprising the public park, 25 playground, child care institution, day care center, part day 26 child care facility, or facility providing programs or SB0284 - 23 - LRB104 03920 RLC 13944 b SB0284- 24 -LRB104 03920 RLC 13944 b SB0284 - 24 - LRB104 03920 RLC 13944 b SB0284 - 24 - LRB104 03920 RLC 13944 b 1 services exclusively directed toward persons under 18 years of 2 age, or a victim of the sex offense who is under 21 years of 3 age, to the edge of the child sex offender's place of residence 4 or place where he or she is loitering. 5 (f) Sentence. A person who violates this Section is guilty 6 of a Class 4 felony. 7 (Source: P.A. 102-997, eff. 1-1-23.) 8 (720 ILCS 5/11-25) 9 Sec. 11-25. Grooming. 10 (a) A person commits grooming when he or she knowingly 11 uses a computer on-line service, Internet service, local 12 bulletin board service, or any other device capable of 13 electronic data storage or transmission, performs an act in 14 person or by conduct through a third party, or uses written 15 communication to seduce, solicit, lure, or entice, or attempt 16 to seduce, solicit, lure, or entice, a child, a child's 17 guardian, or another person believed by the person to be a 18 child or a child's guardian, to commit any sex offense as 19 defined in Section 2 of the Sex Offender Registration Act, to 20 distribute photographs depicting the sex organs of the child, 21 or to otherwise engage in any unlawful sexual conduct with a 22 child or with another person believed by the person to be a 23 child. As used in this Section, "child" means a person under 17 24 years of age. 25 (a-5) Prohibition of plea bargains. SB0284 - 24 - LRB104 03920 RLC 13944 b SB0284- 25 -LRB104 03920 RLC 13944 b SB0284 - 25 - LRB104 03920 RLC 13944 b SB0284 - 25 - LRB104 03920 RLC 13944 b SB0284 - 25 - LRB104 03920 RLC 13944 b