104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2361 Introduced 2/7/2025, by Sen. Jason Plummer SYNOPSIS AS INTRODUCED: See Index Amends the Illinois Police Training Act. Includes, in the minimum curriculum for police training schools, training in investigating domestic minor sex trafficking. Amends the Abused and Neglected Child Reporting Act. Provides that a child shall be considered abused regardless of the perpetrator of the abuse if the child is a human trafficking victim. Amends the Juvenile Court Act of 1987. Provides for immediate expungement of juvenile court and law enforcement records of minors who are human trafficking victims involved in prostitution. Amends the Criminal Code of 2012. Deletes a provision that provides that commercial sexual activity and sexually-explicit performances are forms of activities that are "services" under the human trafficking statute. Provides that involuntary sexual servitude of a minor includes purchasing sexual services of the minor whether from the trafficker or minor. Provides that it is not a defense to involuntary sexual servitude of a minor that the accused reasonably believed the trafficking victim to be 18 years of age or over. Eliminates other mistake of age defenses concerning grooming and patronizing a minor engaged in prostitution. Provides that a person who is a victim of involuntary sexual servitude of a minor is deemed a crime victim and is eligible for protections afforded to crime victims. Amends the Code of Criminal Procedure of 1963 to permit a motion to vacate an adjudication of delinquency of a human trafficking victim who engaged in prostitution. Amends the Sex Offender Registration Act. Makes violations concerning trafficking in persons, involuntary servitude, and related offenses registrable offenses under the Act. Amends the Crime Victims Compensation Act to provide that a trafficking victim who is under 18 years of age is not subject to the filing requirements of the Act and is not subject to the eligibility requirements of the Act. LRB104 03861 RLC 13885 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2361 Introduced 2/7/2025, by Sen. Jason Plummer SYNOPSIS AS INTRODUCED: See Index See Index Amends the Illinois Police Training Act. Includes, in the minimum curriculum for police training schools, training in investigating domestic minor sex trafficking. Amends the Abused and Neglected Child Reporting Act. Provides that a child shall be considered abused regardless of the perpetrator of the abuse if the child is a human trafficking victim. Amends the Juvenile Court Act of 1987. Provides for immediate expungement of juvenile court and law enforcement records of minors who are human trafficking victims involved in prostitution. Amends the Criminal Code of 2012. Deletes a provision that provides that commercial sexual activity and sexually-explicit performances are forms of activities that are "services" under the human trafficking statute. Provides that involuntary sexual servitude of a minor includes purchasing sexual services of the minor whether from the trafficker or minor. Provides that it is not a defense to involuntary sexual servitude of a minor that the accused reasonably believed the trafficking victim to be 18 years of age or over. Eliminates other mistake of age defenses concerning grooming and patronizing a minor engaged in prostitution. Provides that a person who is a victim of involuntary sexual servitude of a minor is deemed a crime victim and is eligible for protections afforded to crime victims. Amends the Code of Criminal Procedure of 1963 to permit a motion to vacate an adjudication of delinquency of a human trafficking victim who engaged in prostitution. Amends the Sex Offender Registration Act. Makes violations concerning trafficking in persons, involuntary servitude, and related offenses registrable offenses under the Act. Amends the Crime Victims Compensation Act to provide that a trafficking victim who is under 18 years of age is not subject to the filing requirements of the Act and is not subject to the eligibility requirements of the Act. LRB104 03861 RLC 13885 b LRB104 03861 RLC 13885 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2361 Introduced 2/7/2025, by Sen. Jason Plummer SYNOPSIS AS INTRODUCED: See Index See Index See Index Amends the Illinois Police Training Act. Includes, in the minimum curriculum for police training schools, training in investigating domestic minor sex trafficking. Amends the Abused and Neglected Child Reporting Act. Provides that a child shall be considered abused regardless of the perpetrator of the abuse if the child is a human trafficking victim. Amends the Juvenile Court Act of 1987. Provides for immediate expungement of juvenile court and law enforcement records of minors who are human trafficking victims involved in prostitution. Amends the Criminal Code of 2012. Deletes a provision that provides that commercial sexual activity and sexually-explicit performances are forms of activities that are "services" under the human trafficking statute. Provides that involuntary sexual servitude of a minor includes purchasing sexual services of the minor whether from the trafficker or minor. Provides that it is not a defense to involuntary sexual servitude of a minor that the accused reasonably believed the trafficking victim to be 18 years of age or over. Eliminates other mistake of age defenses concerning grooming and patronizing a minor engaged in prostitution. Provides that a person who is a victim of involuntary sexual servitude of a minor is deemed a crime victim and is eligible for protections afforded to crime victims. Amends the Code of Criminal Procedure of 1963 to permit a motion to vacate an adjudication of delinquency of a human trafficking victim who engaged in prostitution. Amends the Sex Offender Registration Act. Makes violations concerning trafficking in persons, involuntary servitude, and related offenses registrable offenses under the Act. Amends the Crime Victims Compensation Act to provide that a trafficking victim who is under 18 years of age is not subject to the filing requirements of the Act and is not subject to the eligibility requirements of the Act. LRB104 03861 RLC 13885 b LRB104 03861 RLC 13885 b LRB104 03861 RLC 13885 b A BILL FOR SB2361LRB104 03861 RLC 13885 b SB2361 LRB104 03861 RLC 13885 b SB2361 LRB104 03861 RLC 13885 b 1 AN ACT concerning human trafficking. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Police Training Act is amended by 5 changing Section 7 as follows: 6 (50 ILCS 705/7) 7 Sec. 7. Rules and standards for schools. The Board shall 8 adopt rules and minimum standards for such schools which shall 9 include, but not be limited to, the following: 10 a. The curriculum for probationary law enforcement 11 officers which shall be offered by all certified schools 12 shall include, but not be limited to, courses of 13 procedural justice, arrest and use and control tactics, 14 search and seizure, including temporary questioning, civil 15 rights, human rights, human relations, cultural 16 competency, including implicit bias and racial and ethnic 17 sensitivity, criminal law, law of criminal procedure, 18 constitutional and proper use of law enforcement 19 authority, crisis intervention training, vehicle and 20 traffic law including uniform and non-discriminatory 21 enforcement of the Illinois Vehicle Code, traffic control 22 and crash investigation, techniques of obtaining physical 23 evidence, court testimonies, statements, reports, firearms 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2361 Introduced 2/7/2025, by Sen. Jason Plummer SYNOPSIS AS INTRODUCED: See Index See Index See Index Amends the Illinois Police Training Act. Includes, in the minimum curriculum for police training schools, training in investigating domestic minor sex trafficking. Amends the Abused and Neglected Child Reporting Act. Provides that a child shall be considered abused regardless of the perpetrator of the abuse if the child is a human trafficking victim. Amends the Juvenile Court Act of 1987. Provides for immediate expungement of juvenile court and law enforcement records of minors who are human trafficking victims involved in prostitution. Amends the Criminal Code of 2012. Deletes a provision that provides that commercial sexual activity and sexually-explicit performances are forms of activities that are "services" under the human trafficking statute. Provides that involuntary sexual servitude of a minor includes purchasing sexual services of the minor whether from the trafficker or minor. Provides that it is not a defense to involuntary sexual servitude of a minor that the accused reasonably believed the trafficking victim to be 18 years of age or over. Eliminates other mistake of age defenses concerning grooming and patronizing a minor engaged in prostitution. Provides that a person who is a victim of involuntary sexual servitude of a minor is deemed a crime victim and is eligible for protections afforded to crime victims. Amends the Code of Criminal Procedure of 1963 to permit a motion to vacate an adjudication of delinquency of a human trafficking victim who engaged in prostitution. Amends the Sex Offender Registration Act. Makes violations concerning trafficking in persons, involuntary servitude, and related offenses registrable offenses under the Act. Amends the Crime Victims Compensation Act to provide that a trafficking victim who is under 18 years of age is not subject to the filing requirements of the Act and is not subject to the eligibility requirements of the Act. LRB104 03861 RLC 13885 b LRB104 03861 RLC 13885 b LRB104 03861 RLC 13885 b A BILL FOR See Index LRB104 03861 RLC 13885 b SB2361 LRB104 03861 RLC 13885 b SB2361- 2 -LRB104 03861 RLC 13885 b SB2361 - 2 - LRB104 03861 RLC 13885 b SB2361 - 2 - LRB104 03861 RLC 13885 b 1 training, training in the use of electronic control 2 devices, including the psychological and physiological 3 effects of the use of those devices on humans, first aid 4 (including cardiopulmonary resuscitation), training in the 5 administration of opioid antagonists as defined in 6 paragraph (1) of subsection (e) of Section 5-23 of the 7 Substance Use Disorder Act, handling of juvenile 8 offenders, recognition of mental conditions and crises, 9 including, but not limited to, the disease of addiction, 10 which require immediate assistance and response and 11 methods to safeguard and provide assistance to a person in 12 need of mental treatment, recognition of abuse, neglect, 13 financial exploitation, and self-neglect of adults with 14 disabilities and older adults, as defined in Section 2 of 15 the Adult Protective Services Act, crimes against the 16 elderly, training in investigating domestic minor sex 17 trafficking, law of evidence, the hazards of high-speed 18 police vehicle chases with an emphasis on alternatives to 19 the high-speed chase, and physical training. The 20 curriculum shall include specific training in techniques 21 for immediate response to and investigation of cases of 22 domestic violence and of sexual assault of adults and 23 children, including cultural perceptions and common myths 24 of sexual assault and sexual abuse as well as interview 25 techniques that are age sensitive and are trauma informed, 26 victim centered, and victim sensitive. The curriculum SB2361 - 2 - LRB104 03861 RLC 13885 b SB2361- 3 -LRB104 03861 RLC 13885 b SB2361 - 3 - LRB104 03861 RLC 13885 b SB2361 - 3 - LRB104 03861 RLC 13885 b 1 shall include training in techniques designed to promote 2 effective communication at the initial contact with crime 3 victims and ways to comprehensively explain to victims and 4 witnesses their rights under the Rights of Crime Victims 5 and Witnesses Act and the Crime Victims Compensation Act. 6 The curriculum shall also include training in effective 7 recognition of and responses to stress, trauma, and 8 post-traumatic stress experienced by law enforcement 9 officers that is consistent with Section 25 of the 10 Illinois Mental Health First Aid Training Act in a peer 11 setting, including recognizing signs and symptoms of 12 work-related cumulative stress, issues that may lead to 13 suicide, and solutions for intervention with peer support 14 resources. The curriculum shall include a block of 15 instruction addressing the mandatory reporting 16 requirements under the Abused and Neglected Child 17 Reporting Act. The curriculum shall also include a block 18 of instruction aimed at identifying and interacting with 19 persons with autism and other developmental or physical 20 disabilities, reducing barriers to reporting crimes 21 against persons with autism, and addressing the unique 22 challenges presented by cases involving victims or 23 witnesses with autism and other developmental 24 disabilities. The curriculum shall include training in the 25 detection and investigation of all forms of human 26 trafficking. The curriculum shall also include instruction SB2361 - 3 - LRB104 03861 RLC 13885 b SB2361- 4 -LRB104 03861 RLC 13885 b SB2361 - 4 - LRB104 03861 RLC 13885 b SB2361 - 4 - LRB104 03861 RLC 13885 b 1 in trauma-informed responses designed to ensure the 2 physical safety and well-being of a child of an arrested 3 parent or immediate family member; this instruction must 4 include, but is not limited to: (1) understanding the 5 trauma experienced by the child while maintaining the 6 integrity of the arrest and safety of officers, suspects, 7 and other involved individuals; (2) de-escalation tactics 8 that would include the use of force when reasonably 9 necessary; and (3) inquiring whether a child will require 10 supervision and care. The curriculum for probationary law 11 enforcement officers shall include: (1) at least 12 hours 12 of hands-on, scenario-based role-playing; (2) at least 6 13 hours of instruction on use of force techniques, including 14 the use of de-escalation techniques to prevent or reduce 15 the need for force whenever safe and feasible; (3) 16 specific training on officer safety techniques, including 17 cover, concealment, and time; and (4) at least 6 hours of 18 training focused on high-risk traffic stops. The 19 curriculum for permanent law enforcement officers shall 20 include, but not be limited to: (1) refresher and 21 in-service training in any of the courses listed above in 22 this subparagraph, (2) advanced courses in any of the 23 subjects listed above in this subparagraph, (3) training 24 for supervisory personnel, and (4) specialized training in 25 subjects and fields to be selected by the board. The 26 training in the use of electronic control devices shall be SB2361 - 4 - LRB104 03861 RLC 13885 b SB2361- 5 -LRB104 03861 RLC 13885 b SB2361 - 5 - LRB104 03861 RLC 13885 b SB2361 - 5 - LRB104 03861 RLC 13885 b 1 conducted for probationary law enforcement officers, 2 including University police officers. The curriculum shall 3 also include training on the use of a firearms restraining 4 order by providing instruction on the process used to file 5 a firearms restraining order and how to identify 6 situations in which a firearms restraining order is 7 appropriate. 8 b. Minimum courses of study, attendance requirements 9 and equipment requirements. 10 c. Minimum requirements for instructors. 11 d. Minimum basic training requirements, which a 12 probationary law enforcement officer must satisfactorily 13 complete before being eligible for permanent employment as 14 a local law enforcement officer for a participating local 15 governmental or State governmental agency. Those 16 requirements shall include training in first aid 17 (including cardiopulmonary resuscitation). 18 e. Minimum basic training requirements, which a 19 probationary county corrections officer must 20 satisfactorily complete before being eligible for 21 permanent employment as a county corrections officer for a 22 participating local governmental agency. 23 f. Minimum basic training requirements which a 24 probationary court security officer must satisfactorily 25 complete before being eligible for permanent employment as 26 a court security officer for a participating local SB2361 - 5 - LRB104 03861 RLC 13885 b SB2361- 6 -LRB104 03861 RLC 13885 b SB2361 - 6 - LRB104 03861 RLC 13885 b SB2361 - 6 - LRB104 03861 RLC 13885 b 1 governmental agency. The Board shall establish those 2 training requirements which it considers appropriate for 3 court security officers and shall certify schools to 4 conduct that training. 5 A person hired to serve as a court security officer 6 must obtain from the Board a certificate (i) attesting to 7 the officer's successful completion of the training 8 course; (ii) attesting to the officer's satisfactory 9 completion of a training program of similar content and 10 number of hours that has been found acceptable by the 11 Board under the provisions of this Act; or (iii) attesting 12 to the Board's determination that the training course is 13 unnecessary because of the person's extensive prior law 14 enforcement experience. 15 Individuals who currently serve as court security 16 officers shall be deemed qualified to continue to serve in 17 that capacity so long as they are certified as provided by 18 this Act within 24 months of June 1, 1997 (the effective 19 date of Public Act 89-685). Failure to be so certified, 20 absent a waiver from the Board, shall cause the officer to 21 forfeit his or her position. 22 All individuals hired as court security officers on or 23 after June 1, 1997 (the effective date of Public Act 24 89-685) shall be certified within 12 months of the date of 25 their hire, unless a waiver has been obtained by the 26 Board, or they shall forfeit their positions. SB2361 - 6 - LRB104 03861 RLC 13885 b SB2361- 7 -LRB104 03861 RLC 13885 b SB2361 - 7 - LRB104 03861 RLC 13885 b SB2361 - 7 - LRB104 03861 RLC 13885 b 1 The Sheriff's Merit Commission, if one exists, or the 2 Sheriff's Office if there is no Sheriff's Merit 3 Commission, shall maintain a list of all individuals who 4 have filed applications to become court security officers 5 and who meet the eligibility requirements established 6 under this Act. Either the Sheriff's Merit Commission, or 7 the Sheriff's Office if no Sheriff's Merit Commission 8 exists, shall establish a schedule of reasonable intervals 9 for verification of the applicants' qualifications under 10 this Act and as established by the Board. 11 g. Minimum in-service training requirements, which a 12 law enforcement officer must satisfactorily complete every 13 3 years. Those requirements shall include constitutional 14 and proper use of law enforcement authority; procedural 15 justice; civil rights; human rights; reporting child abuse 16 and neglect; autism-informed law enforcement responses, 17 techniques, and procedures; and cultural competency, 18 including implicit bias and racial and ethnic sensitivity. 19 These trainings shall consist of at least 30 hours of 20 training every 3 years. 21 h. Minimum in-service training requirements, which a 22 law enforcement officer must satisfactorily complete at 23 least annually. Those requirements shall include law 24 updates, emergency medical response training and 25 certification, crisis intervention training, and officer 26 wellness and mental health. SB2361 - 7 - LRB104 03861 RLC 13885 b SB2361- 8 -LRB104 03861 RLC 13885 b SB2361 - 8 - LRB104 03861 RLC 13885 b SB2361 - 8 - LRB104 03861 RLC 13885 b 1 i. Minimum in-service training requirements as set 2 forth in Section 10.6. 3 Notwithstanding any provision of law to the contrary, the 4 changes made to this Section by Public Act 101-652, Public Act 5 102-28, and Public Act 102-694 take effect July 1, 2022. 6 (Source: P.A. 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 7 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff. 8 7-1-23; 103-154, eff. 6-30-23; 103-949, eff. 1-1-25.) 9 Section 10. The Abused and Neglected Child Reporting Act 10 is amended by changing Section 3 as follows: 11 (325 ILCS 5/3) (from Ch. 23, par. 2053) 12 Sec. 3. As used in this Act unless the context otherwise 13 requires: 14 "Adult resident" means any person between 18 and 22 years 15 of age who resides in any facility licensed by the Department 16 under the Child Care Act of 1969. For purposes of this Act, the 17 criteria set forth in the definitions of "abused child" and 18 "neglected child" shall be used in determining whether an 19 adult resident is abused or neglected. 20 "Agency" means a child care facility licensed under 21 Section 2.05 or Section 2.06 of the Child Care Act of 1969 and 22 includes a transitional living program that accepts children 23 and adult residents for placement who are in the guardianship 24 of the Department. SB2361 - 8 - LRB104 03861 RLC 13885 b SB2361- 9 -LRB104 03861 RLC 13885 b SB2361 - 9 - LRB104 03861 RLC 13885 b SB2361 - 9 - LRB104 03861 RLC 13885 b 1 "Blatant disregard" means an incident where the real, 2 significant, and imminent risk of harm would be so obvious to a 3 reasonable parent or caretaker that it is unlikely that a 4 reasonable parent or caretaker would have exposed the child to 5 the danger without exercising precautionary measures to 6 protect the child from harm. With respect to a person working 7 at an agency in the person's professional capacity with a 8 child or adult resident, "blatant disregard" includes a 9 failure by the person to perform job responsibilities intended 10 to protect the child's or adult resident's health, physical 11 well-being, or welfare, and, when viewed in light of the 12 surrounding circumstances, evidence exists that would cause a 13 reasonable person to believe that the child was neglected. 14 With respect to an agency, "blatant disregard" includes a 15 failure to implement practices that ensure the health, 16 physical well-being, or welfare of the children and adult 17 residents residing in the facility. 18 "Child" means any person under the age of 18 years, unless 19 legally emancipated by reason of marriage or entry into a 20 branch of the United States armed services. 21 "Department" means Department of Children and Family 22 Services. 23 "Local law enforcement agency" means the police of a city, 24 town, village or other incorporated area or the sheriff of an 25 unincorporated area or any sworn officer of the Illinois State 26 Police. SB2361 - 9 - LRB104 03861 RLC 13885 b SB2361- 10 -LRB104 03861 RLC 13885 b SB2361 - 10 - LRB104 03861 RLC 13885 b SB2361 - 10 - LRB104 03861 RLC 13885 b 1 "Abused child" means a child whose parent or immediate 2 family member, or any person responsible for the child's 3 welfare, or any individual residing in the same home as the 4 child, or a paramour of the child's parent: 5 (a) inflicts, causes to be inflicted, or allows to be 6 inflicted upon such child physical injury, by other than 7 accidental means, which causes death, disfigurement, 8 impairment of physical or emotional health, or loss or 9 impairment of any bodily function; 10 (b) creates a substantial risk of physical injury to 11 such child by other than accidental means which would be 12 likely to cause death, disfigurement, impairment of 13 physical or emotional health, or loss or impairment of any 14 bodily function; 15 (c) commits or allows to be committed any sex offense 16 against such child, as such sex offenses are defined in 17 the Criminal Code of 2012 or in the Wrongs to Children Act, 18 and extending those definitions of sex offenses to include 19 children under 18 years of age; 20 (d) commits or allows to be committed an act or acts of 21 torture upon such child; 22 (e) inflicts excessive corporal punishment or, in the 23 case of a person working for an agency who is prohibited 24 from using corporal punishment, inflicts corporal 25 punishment upon a child or adult resident with whom the 26 person is working in the person's professional capacity; SB2361 - 10 - LRB104 03861 RLC 13885 b SB2361- 11 -LRB104 03861 RLC 13885 b SB2361 - 11 - LRB104 03861 RLC 13885 b SB2361 - 11 - LRB104 03861 RLC 13885 b 1 (f) commits or allows to be committed the offense of 2 female genital mutilation, as defined in Section 12-34 of 3 the Criminal Code of 2012, against the child; 4 (g) causes to be sold, transferred, distributed, or 5 given to such child under 18 years of age, a controlled 6 substance as defined in Section 102 of the Illinois 7 Controlled Substances Act in violation of Article IV of 8 the Illinois Controlled Substances Act or in violation of 9 the Methamphetamine Control and Community Protection Act, 10 except for controlled substances that are prescribed in 11 accordance with Article III of the Illinois Controlled 12 Substances Act and are dispensed to such child in a manner 13 that substantially complies with the prescription; 14 (h) commits or allows to be committed the offense of 15 involuntary servitude, involuntary sexual servitude of a 16 minor, or trafficking in persons as defined in Section 17 10-9 of the Criminal Code of 2012 against the child. A 18 child shall be considered abused regardless of the 19 perpetrator of the abuse if the child is a human 20 trafficking victim as defined in Section 10-9 of the 21 Criminal Code of 2012; or 22 (i) commits the offense of grooming, as defined in 23 Section 11-25 of the Criminal Code of 2012, against the 24 child. 25 A child shall not be considered abused for the sole reason 26 that the child has been relinquished in accordance with the SB2361 - 11 - LRB104 03861 RLC 13885 b SB2361- 12 -LRB104 03861 RLC 13885 b SB2361 - 12 - LRB104 03861 RLC 13885 b SB2361 - 12 - LRB104 03861 RLC 13885 b 1 Abandoned Newborn Infant Protection Act. 2 "Neglected child" means any child who is not receiving the 3 proper or necessary nourishment or medically indicated 4 treatment including food or care not provided solely on the 5 basis of the present or anticipated mental or physical 6 impairment as determined by a physician acting alone or in 7 consultation with other physicians or otherwise is not 8 receiving the proper or necessary support or medical or other 9 remedial care recognized under State law as necessary for a 10 child's well-being, or other care necessary for the child's 11 well-being, including adequate food, clothing and shelter; or 12 who is subjected to an environment which is injurious insofar 13 as (i) the child's environment creates a likelihood of harm to 14 the child's health, physical well-being, or welfare and (ii) 15 the likely harm to the child is the result of a blatant 16 disregard of parent, caretaker, person responsible for the 17 child's welfare, or agency responsibilities; or who is 18 abandoned by the child's parents or other person responsible 19 for the child's welfare without a proper plan of care; or who 20 has been provided with interim crisis intervention services 21 under Section 3-5 of the Juvenile Court Act of 1987 and whose 22 parent, guardian, or custodian refuses to permit the child to 23 return home and no other living arrangement agreeable to the 24 parent, guardian, or custodian can be made, and the parent, 25 guardian, or custodian has not made any other appropriate 26 living arrangement for the child; or who is a newborn infant SB2361 - 12 - LRB104 03861 RLC 13885 b SB2361- 13 -LRB104 03861 RLC 13885 b SB2361 - 13 - LRB104 03861 RLC 13885 b SB2361 - 13 - LRB104 03861 RLC 13885 b 1 whose blood, urine, or meconium contains any amount of a 2 controlled substance as defined in subsection (f) of Section 3 102 of the Illinois Controlled Substances Act or a metabolite 4 thereof, with the exception of a controlled substance or 5 metabolite thereof whose presence in the newborn infant is the 6 result of medical treatment administered to the person who 7 gave birth or the newborn infant. A child shall not be 8 considered neglected for the sole reason that the child's 9 parent or other person responsible for the child's welfare has 10 left the child in the care of an adult relative for any period 11 of time. A child shall not be considered neglected for the sole 12 reason that the child has been relinquished in accordance with 13 the Abandoned Newborn Infant Protection Act. A child shall not 14 be considered neglected or abused for the sole reason that 15 such child's parent or other person responsible for the 16 child's welfare depends upon spiritual means through prayer 17 alone for the treatment or cure of disease or remedial care as 18 provided under Section 4 of this Act. A child shall not be 19 considered neglected or abused solely because the child is not 20 attending school in accordance with the requirements of 21 Article 26 of The School Code, as amended. 22 "Child Protective Service Unit" means certain specialized 23 State employees of the Department assigned by the Director to 24 perform the duties and responsibilities as provided under 25 Section 7.2 of this Act. 26 "Near fatality" means an act that, as certified by a SB2361 - 13 - LRB104 03861 RLC 13885 b SB2361- 14 -LRB104 03861 RLC 13885 b SB2361 - 14 - LRB104 03861 RLC 13885 b SB2361 - 14 - LRB104 03861 RLC 13885 b 1 physician, places the child in serious or critical condition, 2 including acts of great bodily harm inflicted upon children 3 under 13 years of age, and as otherwise defined by Department 4 rule. 5 "Great bodily harm" includes bodily injury which creates a 6 high probability of death, or which causes serious permanent 7 disfigurement, or which causes a permanent or protracted loss 8 or impairment of the function of any bodily member or organ, or 9 other serious bodily harm. 10 "Person responsible for the child's welfare" means the 11 child's parent; guardian; foster parent; relative caregiver; 12 any person responsible for the child's welfare in a public or 13 private residential agency or institution; any person 14 responsible for the child's welfare within a public or private 15 profit or not for profit child care facility; or any other 16 person responsible for the child's welfare at the time of the 17 alleged abuse or neglect, including any person who commits or 18 allows to be committed, against the child, the offense of 19 involuntary servitude, involuntary sexual servitude of a 20 minor, or trafficking in persons for forced labor or services, 21 as provided in Section 10-9 of the Criminal Code of 2012, 22 including, but not limited to, the custodian of the minor, or 23 any person who came to know the child through an official 24 capacity or position of trust, including, but not limited to, 25 health care professionals, educational personnel, recreational 26 supervisors, members of the clergy, and volunteers or support SB2361 - 14 - LRB104 03861 RLC 13885 b SB2361- 15 -LRB104 03861 RLC 13885 b SB2361 - 15 - LRB104 03861 RLC 13885 b SB2361 - 15 - LRB104 03861 RLC 13885 b 1 personnel in any setting where children may be subject to 2 abuse or neglect. 3 "Temporary protective custody" means custody within a 4 hospital or other medical facility or a place previously 5 designated for such custody by the Department, subject to 6 review by the Court, including a licensed foster home, group 7 home, or other institution; but such place shall not be a jail 8 or other place for the detention of criminal or juvenile 9 offenders. 10 "An unfounded report" means any report made under this Act 11 for which it is determined after an investigation that no 12 credible evidence of abuse or neglect exists. 13 "An indicated report" means a report made under this Act 14 if an investigation determines that credible evidence of the 15 alleged abuse or neglect exists. 16 "An undetermined report" means any report made under this 17 Act in which it was not possible to initiate or complete an 18 investigation on the basis of information provided to the 19 Department. 20 "Subject of report" means any child reported to the 21 central register of child abuse and neglect established under 22 Section 7.7 of this Act as an alleged victim of child abuse or 23 neglect and the parent or guardian of the alleged victim or 24 other person responsible for the alleged victim's welfare who 25 is named in the report or added to the report as an alleged 26 perpetrator of child abuse or neglect. SB2361 - 15 - LRB104 03861 RLC 13885 b SB2361- 16 -LRB104 03861 RLC 13885 b SB2361 - 16 - LRB104 03861 RLC 13885 b SB2361 - 16 - LRB104 03861 RLC 13885 b 1 "Perpetrator" means a person who, as a result of 2 investigation, has been determined by the Department to have 3 caused child abuse or neglect. 4 "Member of the clergy" means a clergyperson or 5 practitioner of any religious denomination accredited by the 6 religious body to which the clergyperson or practitioner 7 belongs. 8 (Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21; 9 102-813, eff. 5-13-22; 103-22, eff. 8-8-23.) 10 Section 15. The Juvenile Court Act of 1987 is amended by 11 changing Section 5-915 as follows: 12 (705 ILCS 405/5-915) 13 Sec. 5-915. Expungement of juvenile law enforcement and 14 juvenile court records. 15 (0.05) (Blank). 16 (0.1)(a) The Illinois State Police and all law enforcement 17 agencies within the State shall automatically expunge, on or 18 before January 1 of each year, except as described in 19 paragraph (c) of this subsection (0.1), all juvenile law 20 enforcement records relating to events occurring before an 21 individual's 18th birthday if: 22 (1) one year or more has elapsed since the date of the 23 arrest or law enforcement interaction documented in the 24 records; SB2361 - 16 - LRB104 03861 RLC 13885 b SB2361- 17 -LRB104 03861 RLC 13885 b SB2361 - 17 - LRB104 03861 RLC 13885 b SB2361 - 17 - LRB104 03861 RLC 13885 b 1 (2) no petition for delinquency or criminal charges 2 were filed with the clerk of the circuit court relating to 3 the arrest or law enforcement interaction documented in 4 the records; and 5 (3) 6 months have elapsed since the date of the arrest 6 without an additional subsequent arrest or filing of a 7 petition for delinquency or criminal charges whether 8 related or not to the arrest or law enforcement 9 interaction documented in the records. 10 (b) If the law enforcement agency is unable to verify 11 satisfaction of conditions (2) and (3) of this subsection 12 (0.1), records that satisfy condition (1) of this subsection 13 (0.1) shall be automatically expunged if the records relate to 14 an offense that if committed by an adult would not be an 15 offense classified as a Class 2 felony or higher, an offense 16 under Article 11 of the Criminal Code of 1961 or Criminal Code 17 of 2012, or an offense under Section 12-13, 12-14, 12-14.1, 18 12-15, or 12-16 of the Criminal Code of 1961. 19 (c) If the juvenile law enforcement record was received 20 through a public submission to a statewide student 21 confidential reporting system administered by the Illinois 22 State Police, the record will be maintained for a period of 5 23 years according to all other provisions in this subsection 24 (0.1). 25 (0.15) If a juvenile law enforcement record meets 26 paragraph (a) of subsection (0.1) of this Section, a juvenile SB2361 - 17 - LRB104 03861 RLC 13885 b SB2361- 18 -LRB104 03861 RLC 13885 b SB2361 - 18 - LRB104 03861 RLC 13885 b SB2361 - 18 - LRB104 03861 RLC 13885 b 1 law enforcement record created: 2 (1) prior to January 1, 2018, but on or after January 3 1, 2013 shall be automatically expunged prior to January 4 1, 2020; 5 (2) prior to January 1, 2013, but on or after January 6 1, 2000, shall be automatically expunged prior to January 7 1, 2023; and 8 (3) prior to January 1, 2000 shall not be subject to 9 the automatic expungement provisions of this Act. 10 Nothing in this subsection (0.15) shall be construed to 11 restrict or modify an individual's right to have the person's 12 juvenile law enforcement records expunged except as otherwise 13 may be provided in this Act. 14 (0.2)(a) Upon dismissal of a petition alleging delinquency 15 or upon a finding of not delinquent, the successful 16 termination of an order of supervision, or the successful 17 termination of an adjudication for an offense which would be a 18 Class B misdemeanor, Class C misdemeanor, or a petty or 19 business offense if committed by an adult, the court shall 20 automatically order the expungement of the juvenile court 21 records and juvenile law enforcement records. The clerk shall 22 deliver a certified copy of the expungement order to the 23 Illinois State Police and the arresting agency. Upon request, 24 the State's Attorney shall furnish the name of the arresting 25 agency. The expungement shall be completed within 60 business 26 days after the receipt of the expungement order. SB2361 - 18 - LRB104 03861 RLC 13885 b SB2361- 19 -LRB104 03861 RLC 13885 b SB2361 - 19 - LRB104 03861 RLC 13885 b SB2361 - 19 - LRB104 03861 RLC 13885 b 1 (b) If the chief law enforcement officer of the agency, or 2 the chief law enforcement officer's designee, certifies in 3 writing that certain information is needed for a pending 4 investigation involving the commission of a felony, that 5 information, and information identifying the juvenile, may be 6 retained until the statute of limitations for the felony has 7 run. If the chief law enforcement officer of the agency, or the 8 chief law enforcement officer's designee, certifies in writing 9 that certain information is needed with respect to an internal 10 investigation of any law enforcement office, that information 11 and information identifying the juvenile may be retained 12 within an intelligence file until the investigation is 13 terminated or the disciplinary action, including appeals, has 14 been completed, whichever is later. Retention of a portion of 15 a juvenile's law enforcement record does not disqualify the 16 remainder of a juvenile's record from immediate automatic 17 expungement. 18 (0.3)(a) Upon an adjudication of delinquency based on any 19 offense except a disqualified offense, the juvenile court 20 shall automatically order the expungement of the juvenile 21 court and law enforcement records 2 years or, in the case of a 22 human trafficking victim as defined in Section 10-9 of the 23 Criminal Code of 2012 adjudicated delinquent for prostitution, 24 immediately after the juvenile's case was closed if no 25 delinquency or criminal proceeding is pending and the person 26 has had no subsequent delinquency adjudication or criminal SB2361 - 19 - LRB104 03861 RLC 13885 b SB2361- 20 -LRB104 03861 RLC 13885 b SB2361 - 20 - LRB104 03861 RLC 13885 b SB2361 - 20 - LRB104 03861 RLC 13885 b 1 conviction. On the date that the minor's sentence ends or the 2 date that the court enters an order committing the minor to the 3 Department of Juvenile Justice, the juvenile court judge shall 4 schedule a date to enter the automatic expungement order. The 5 minor must be notified but shall not be required to be present 6 for the scheduled court date when automatic expungement is to 7 be ordered. If the minor is not yet eligible on the originally 8 scheduled date, the court shall schedule a subsequent date to 9 enter the automatic expungement order. The clerk shall deliver 10 a certified copy of the expungement order to the Illinois 11 State Police and the arresting agency. Upon request, the 12 State's Attorney shall furnish the name of the arresting 13 agency. The expungement shall be completed within 60 business 14 days after the receipt of the expungement order. In this 15 subsection (0.3), "disqualified offense" means any of the 16 following offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 17 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, if the 18 minor was not a human trafficking victim as defined in that 19 Section, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 20 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 21 12-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 22 18-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 23 24-1.2, 24-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24 24-3.9, 29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the 25 Criminal Code of 2012, or subsection (b) of Section 8-1, 26 paragraph (4) of subsection (a) of Section 11-14.4, subsection SB2361 - 20 - LRB104 03861 RLC 13885 b SB2361- 21 -LRB104 03861 RLC 13885 b SB2361 - 21 - LRB104 03861 RLC 13885 b SB2361 - 21 - LRB104 03861 RLC 13885 b 1 (a-5) of Section 12-3.1, paragraph (1), (2), or (3) of 2 subsection (a) of Section 12-6, subsection (a-3) or (a-5) of 3 Section 12-7.3, paragraph (1) or (2) of subsection (a) of 4 Section 12-7.4, subparagraph (i) of paragraph (1) of 5 subsection (a) of Section 12-9, subparagraph (H) of paragraph 6 (3) of subsection (a) of Section 24-1.6, paragraph (1) of 7 subsection (a) of Section 25-1, or subsection (a-7) of Section 8 31-1 of the Criminal Code of 2012. 9 (b) If the chief law enforcement officer of the agency, or 10 the chief law enforcement officer's designee, certifies in 11 writing that certain information is needed for a pending 12 investigation involving the commission of a felony, that 13 information, and information identifying the juvenile, may be 14 retained in an intelligence file until the investigation is 15 terminated or for one additional year, whichever is sooner. 16 Retention of a portion of a juvenile's juvenile law 17 enforcement record does not disqualify the remainder of a 18 juvenile's record from immediate automatic expungement. 19 (0.4) Automatic expungement for the purposes of this 20 Section shall not require law enforcement agencies to 21 obliterate or otherwise destroy juvenile law enforcement 22 records that would otherwise need to be automatically expunged 23 under this Act, except after 2 years following the subject 24 arrest for purposes of use in civil litigation against a 25 governmental entity or its law enforcement agency or personnel 26 which created, maintained, or used the records. However, these SB2361 - 21 - LRB104 03861 RLC 13885 b SB2361- 22 -LRB104 03861 RLC 13885 b SB2361 - 22 - LRB104 03861 RLC 13885 b SB2361 - 22 - LRB104 03861 RLC 13885 b 1 juvenile law enforcement records shall be considered expunged 2 for all other purposes during this period and the offense, 3 which the records or files concern, shall be treated as if it 4 never occurred as required under Section 5-923. 5 (0.5) Subsection (0.1) or (0.2) of this Section does not 6 apply to violations of traffic, boating, fish and game laws, 7 or county or municipal ordinances. 8 (0.6) Juvenile law enforcement records of a plaintiff who 9 has filed civil litigation against the governmental entity or 10 its law enforcement agency or personnel that created, 11 maintained, or used the records, or juvenile law enforcement 12 records that contain information related to the allegations 13 set forth in the civil litigation may not be expunged until 14 after 2 years have elapsed after the conclusion of the 15 lawsuit, including any appeal. 16 (0.7) Officer-worn body camera recordings shall not be 17 automatically expunged except as otherwise authorized by the 18 Law Enforcement Officer-Worn Body Camera Act. 19 (1) Whenever a person has been arrested, charged, or 20 adjudicated delinquent for an incident occurring before a 21 person's 18th birthday that if committed by an adult would be 22 an offense, and that person's juvenile law enforcement and 23 juvenile court records are not eligible for automatic 24 expungement under subsection (0.1), (0.2), or (0.3), the 25 person may petition the court at any time at no cost to the 26 person for expungement of juvenile law enforcement records and SB2361 - 22 - LRB104 03861 RLC 13885 b SB2361- 23 -LRB104 03861 RLC 13885 b SB2361 - 23 - LRB104 03861 RLC 13885 b SB2361 - 23 - LRB104 03861 RLC 13885 b 1 juvenile court records relating to the incident and, upon 2 termination of all juvenile court proceedings relating to that 3 incident, the court shall order the expungement of all records 4 in the possession of the Illinois State Police, the clerk of 5 the circuit court, and law enforcement agencies relating to 6 the incident, but only in any of the following circumstances: 7 (a) the minor was arrested and no petition for 8 delinquency was filed with the clerk of the circuit court; 9 (a-5) the minor was charged with an offense and the 10 petition or petitions were dismissed without a finding of 11 delinquency; 12 (b) the minor was charged with an offense and was 13 found not delinquent of that offense; 14 (c) the minor was placed under supervision under 15 Section 5-615, and the order of supervision has since been 16 successfully terminated; or 17 (d) the minor was adjudicated for an offense which 18 would be a Class B misdemeanor, Class C misdemeanor, or a 19 petty or business offense if committed by an adult; or . 20 (e) the minor was adjudicated delinquent for 21 prostitution as a result of being a trafficking victim as 22 defined in Section 10-9 of the Criminal Code of 2012. 23 (1.5) At no cost to the person, the Illinois State Police 24 shall allow a person to use the Access and Review process, 25 established in the Illinois State Police, for verifying that 26 the person's juvenile law enforcement records relating to SB2361 - 23 - LRB104 03861 RLC 13885 b SB2361- 24 -LRB104 03861 RLC 13885 b SB2361 - 24 - LRB104 03861 RLC 13885 b SB2361 - 24 - LRB104 03861 RLC 13885 b 1 incidents occurring before the person's 18th birthday eligible 2 under this Act have been expunged. 3 (1.6) (Blank). 4 (1.7) (Blank). 5 (1.8) (Blank). 6 (2) Any person whose delinquency adjudications are not 7 eligible for automatic expungement under subsection (0.3) of 8 this Section may petition the court at no cost to the person to 9 expunge all juvenile law enforcement records relating to any 10 incidents occurring before the person's 18th birthday which 11 did not result in proceedings in criminal court and all 12 juvenile court records with respect to any adjudications 13 except those based upon first degree murder or an offense 14 under Article 11 of the Criminal Code of 2012 if the person is 15 required to register under the Sex Offender Registration Act 16 at the time the person petitions the court for expungement; 17 provided that 2 years have elapsed since all juvenile court 18 proceedings relating to the person have been terminated and 19 the person's commitment to the Department of Juvenile Justice 20 under this Act has been terminated. 21 (2.5) If a minor is arrested and no petition for 22 delinquency is filed with the clerk of the circuit court at the 23 time the minor is released from custody, the youth officer, if 24 applicable, or other designated person from the arresting 25 agency, shall notify verbally and in writing to the minor or 26 the minor's parents or guardians that the minor shall have an SB2361 - 24 - LRB104 03861 RLC 13885 b SB2361- 25 -LRB104 03861 RLC 13885 b SB2361 - 25 - LRB104 03861 RLC 13885 b SB2361 - 25 - LRB104 03861 RLC 13885 b 1 arrest record and shall provide the minor and the minor's 2 parents or guardians with an expungement information packet, 3 information regarding this State's expungement laws including 4 a petition to expunge juvenile law enforcement and juvenile 5 court records obtained from the clerk of the circuit court. 6 (2.6) If a minor is referred to court, then, at the time of 7 sentencing, dismissal of the case, or successful completion of 8 supervision, the judge shall inform the delinquent minor of 9 the minor's rights regarding expungement and the clerk of the 10 circuit court shall provide an expungement information packet 11 to the minor, written in plain language, including information 12 regarding this State's expungement laws and a petition for 13 expungement, a sample of a completed petition, expungement 14 instructions that shall include information informing the 15 minor that (i) once the case is expunged, it shall be treated 16 as if it never occurred, (ii) the minor shall not be charged a 17 fee to petition for expungement, (iii) once the minor obtains 18 an expungement, the minor may not be required to disclose that 19 the minor had a juvenile law enforcement or juvenile court 20 record, and (iv) if petitioning the minor may file the 21 petition on the minor's own or with the assistance of an 22 attorney. The failure of the judge to inform the delinquent 23 minor of the minor's right to petition for expungement as 24 provided by law does not create a substantive right, nor is 25 that failure grounds for: (i) a reversal of an adjudication of 26 delinquency; (ii) a new trial; or (iii) an appeal. SB2361 - 25 - LRB104 03861 RLC 13885 b SB2361- 26 -LRB104 03861 RLC 13885 b SB2361 - 26 - LRB104 03861 RLC 13885 b SB2361 - 26 - LRB104 03861 RLC 13885 b 1 (2.6-1) A trafficking victim, as defined by paragraph (10) 2 of subsection (a) of Section 10-9 of the Criminal Code of 2012, 3 may petition for vacation and expungement or immediate sealing 4 of his or her juvenile court records and juvenile law 5 enforcement records relating to events that resulted in the 6 victim's adjudication of delinquency for an offense if 7 committed by an adult would be a violation of the criminal laws 8 occurring before the victim's 18th birthday upon the 9 completion of his or her juvenile court sentence if his or her 10 participation in the underlying offense was a result of human 11 trafficking under Section 10-9 of the Criminal Code of 2012 or 12 a severe form of trafficking under the federal Trafficking 13 Victims Protection Act. 14 (2.7) (Blank). 15 (2.8) (Blank). 16 (3) (Blank). 17 (3.1) (Blank). 18 (3.2) (Blank). 19 (3.3) (Blank). 20 (4) (Blank). 21 (5) (Blank). 22 (5.5) Whether or not expunged, records eligible for 23 automatic expungement under subdivision (0.1)(a), (0.2)(a), or 24 (0.3)(a) may be treated as expunged by the individual subject 25 to the records. 26 (6) (Blank). SB2361 - 26 - LRB104 03861 RLC 13885 b SB2361- 27 -LRB104 03861 RLC 13885 b SB2361 - 27 - LRB104 03861 RLC 13885 b SB2361 - 27 - LRB104 03861 RLC 13885 b 1 (6.5) The Illinois State Police or any employee of the 2 Illinois State Police shall be immune from civil or criminal 3 liability for failure to expunge any records of arrest that 4 are subject to expungement under this Section because of 5 inability to verify a record. Nothing in this Section shall 6 create Illinois State Police liability or responsibility for 7 the expungement of juvenile law enforcement records it does 8 not possess. 9 (7) (Blank). 10 (7.5) (Blank). 11 (8) The expungement of juvenile law enforcement or 12 juvenile court records under subsection (0.1), (0.2), or (0.3) 13 of this Section shall be funded by appropriation by the 14 General Assembly for that purpose. 15 (9) (Blank). 16 (10) (Blank). 17 (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 18 102-752, eff. 1-1-23; 103-22, eff. 8-8-23; 103-154, eff. 19 6-30-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24; 103-717, 20 eff. 1-1-25; 103-787, eff. 1-1-25; revised 11-26-24.) 21 Section 20. The Criminal Code of 2012 is amended by 22 changing Sections 10-9, 11-18.1, 11-20.1, and 11-25 and by 23 adding Section 11-27 as follows: 24 (720 ILCS 5/10-9) SB2361 - 27 - LRB104 03861 RLC 13885 b SB2361- 28 -LRB104 03861 RLC 13885 b SB2361 - 28 - LRB104 03861 RLC 13885 b SB2361 - 28 - LRB104 03861 RLC 13885 b 1 Sec. 10-9. Trafficking in persons, involuntary servitude, 2 and related offenses. 3 (a) Definitions. In this Section: 4 (1) "Intimidation" has the meaning prescribed in Section 5 12-6. 6 (2) "Commercial sexual activity" means any sex act on 7 account of which anything of value is given, promised to, or 8 received by any person. 9 (2.5) "Company" means any sole proprietorship, 10 organization, association, corporation, partnership, joint 11 venture, limited partnership, limited liability partnership, 12 limited liability limited partnership, limited liability 13 company, or other entity or business association, including 14 all wholly owned subsidiaries, majority-owned subsidiaries, 15 parent companies, or affiliates of those entities or business 16 associations, that exist for the purpose of making profit. 17 (3) "Financial harm" includes intimidation that brings 18 about financial loss, criminal usury, or employment contracts 19 that violate the Frauds Act. 20 (4) (Blank). 21 (5) "Labor" means work of economic or financial value. 22 (6) "Maintain" means, in relation to labor or services, to 23 secure continued performance thereof, regardless of any 24 initial agreement on the part of the victim to perform that 25 type of service. 26 (7) "Obtain" means, in relation to labor or services, to SB2361 - 28 - LRB104 03861 RLC 13885 b SB2361- 29 -LRB104 03861 RLC 13885 b SB2361 - 29 - LRB104 03861 RLC 13885 b SB2361 - 29 - LRB104 03861 RLC 13885 b 1 secure performance thereof. 2 (7.5) "Serious harm" means any harm, whether physical or 3 nonphysical, including psychological, financial, or 4 reputational harm, that is sufficiently serious, under all the 5 surrounding circumstances, to compel a reasonable person of 6 the same background and in the same circumstances to perform 7 or to continue performing labor or services in order to avoid 8 incurring that harm. 9 (8) "Services" means activities resulting from a 10 relationship between a person and the actor in which the 11 person performs activities under the supervision of or for the 12 benefit of the actor. Commercial sexual activity and 13 sexually-explicit performances are forms of activities that 14 are "services" under this Section. Nothing in this definition 15 may be construed to legitimize or legalize prostitution. 16 (9) "Sexually-explicit performance" means a live, 17 recorded, broadcast (including over the Internet), or public 18 act or show intended to arouse or satisfy the sexual desires or 19 appeal to the prurient interests of patrons. 20 (10) "Trafficking victim" means a person subjected to the 21 practices set forth in subsection (b), (c), or (d). 22 (b) Involuntary servitude. A person commits involuntary 23 servitude when he or she knowingly subjects, attempts to 24 subject, or engages in a conspiracy to subject another person 25 to labor or services obtained or maintained through any of the 26 following means, or any combination of these means: SB2361 - 29 - LRB104 03861 RLC 13885 b SB2361- 30 -LRB104 03861 RLC 13885 b SB2361 - 30 - LRB104 03861 RLC 13885 b SB2361 - 30 - LRB104 03861 RLC 13885 b 1 (1) causes or threatens to cause physical harm to any 2 person; 3 (2) physically restrains or threatens to physically 4 restrain another person; 5 (3) abuses or threatens to abuse the law or legal 6 process; 7 (4) knowingly destroys, conceals, removes, 8 confiscates, or possesses any actual or purported passport 9 or other immigration document, or any other actual or 10 purported government identification document, of another 11 person; 12 (5) uses intimidation, or exerts financial control 13 over any person; or 14 (6) uses any scheme, plan, or pattern intended to 15 cause the person to believe that, if the person did not 16 perform the labor or services, that person or another 17 person would suffer serious harm or physical restraint. 18 Sentence. Except as otherwise provided in subsection (e) 19 or (f), a violation of subsection (b)(1) is a Class X felony, 20 (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) 21 is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony. 22 (c) Involuntary sexual servitude of a minor. A person 23 commits involuntary sexual servitude of a minor when he or she 24 knowingly recruits, entices, harbors, transports, provides, or 25 obtains by any means, or attempts to recruit, entice, harbor, 26 provide, or obtain by any means, another person under 18 years SB2361 - 30 - LRB104 03861 RLC 13885 b SB2361- 31 -LRB104 03861 RLC 13885 b SB2361 - 31 - LRB104 03861 RLC 13885 b SB2361 - 31 - LRB104 03861 RLC 13885 b 1 of age, knowing that the minor will engage in commercial 2 sexual activity, a sexually-explicit performance, or the 3 production of pornography, or causes or attempts to cause a 4 minor to engage in one or more of those activities and: 5 (1) there is no overt force or threat and the minor is 6 between the ages of 17 and 18 years; 7 (2) there is no overt force or threat and the minor is 8 under the age of 17 years; or 9 (3) there is overt force or threat. 10 (c-5) Mistake of age not a defense. It is not a defense to 11 a violation of this Section that the accused reasonably 12 believed the trafficking victim to be 18 years of age or over. 13 Sentence. Except as otherwise provided in subsection (e) 14 or (f), a violation of subsection (c)(1) is a Class 1 felony, 15 (c)(2) is a Class X felony, and (c)(3) is a Class X felony. 16 (d) Trafficking in persons. A person commits trafficking 17 in persons when he or she knowingly: (1) recruits, entices, 18 harbors, transports, provides, or obtains by any means, or 19 attempts to recruit, entice, harbor, transport, provide, or 20 obtain by any means, another person, intending or knowing that 21 the person will be subjected to involuntary servitude; or (2) 22 benefits, financially or by receiving anything of value, from 23 participation in a venture that has engaged in an act of 24 involuntary servitude or involuntary sexual servitude of a 25 minor. A company commits trafficking in persons when the 26 company knowingly benefits, financially or by receiving SB2361 - 31 - LRB104 03861 RLC 13885 b SB2361- 32 -LRB104 03861 RLC 13885 b SB2361 - 32 - LRB104 03861 RLC 13885 b SB2361 - 32 - LRB104 03861 RLC 13885 b 1 anything of value, from participation in a venture that has 2 engaged in an act of involuntary servitude or involuntary 3 sexual servitude of a minor. 4 Sentence. Except as otherwise provided in subsection (e) 5 or (f), a violation of this subsection by a person is a Class 1 6 felony. A violation of this subsection by a company is a 7 business offense for which a fine of up to $100,000 may be 8 imposed. 9 (e) Aggravating factors. A violation of this Section 10 involving kidnapping or an attempt to kidnap, aggravated 11 criminal sexual assault or an attempt to commit aggravated 12 criminal sexual assault, or an attempt to commit first degree 13 murder is a Class X felony. 14 (f) Sentencing considerations. 15 (1) Bodily injury. If, pursuant to a violation of this 16 Section, a victim suffered bodily injury, the defendant 17 may be sentenced to an extended-term sentence under 18 Section 5-8-2 of the Unified Code of Corrections. The 19 sentencing court must take into account the time in which 20 the victim was held in servitude, with increased penalties 21 for cases in which the victim was held for between 180 days 22 and one year, and increased penalties for cases in which 23 the victim was held for more than one year. 24 (2) Number of victims. In determining sentences within 25 statutory maximums, the sentencing court should take into 26 account the number of victims, and may provide for SB2361 - 32 - LRB104 03861 RLC 13885 b SB2361- 33 -LRB104 03861 RLC 13885 b SB2361 - 33 - LRB104 03861 RLC 13885 b SB2361 - 33 - LRB104 03861 RLC 13885 b 1 substantially increased sentences in cases involving more 2 than 10 victims. 3 (g) Restitution. Restitution is mandatory under this 4 Section. In addition to any other amount of loss identified, 5 the court shall order restitution including the greater of (1) 6 the gross income or value to the defendant of the victim's 7 labor or services or (2) the value of the victim's labor as 8 guaranteed under the Minimum Wage Law and overtime provisions 9 of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, 10 whichever is greater. 11 (g-1) A person who is a victim of involuntary sexual 12 servitude of a minor is deemed a crime victim and is eligible 13 for protections afforded to crime victims, including services 14 under the Rights of Crime Victims and Witnesses Act, the Crime 15 Victims Compensation Act, and the Abused and Neglected Child 16 Reporting Act. 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. These services shall include child welfare SB2361 - 33 - LRB104 03861 RLC 13885 b SB2361- 34 -LRB104 03861 RLC 13885 b SB2361 - 34 - LRB104 03861 RLC 13885 b SB2361 - 34 - LRB104 03861 RLC 13885 b 1 protection for victims of the offense of involuntary sexual 2 servitude of a minor under subsection (c) of Section 10-9 of 3 the Criminal Code of 2012, irrespective of the perpetrator of 4 the offense. 5 (i) Certification. The Attorney General, a State's 6 Attorney, or any law enforcement official shall certify in 7 writing to the United States Department of Justice or other 8 federal agency, such as the United States Department of 9 Homeland Security, that an investigation or prosecution under 10 this Section has begun and the individual who is a likely 11 victim of a crime described in this Section is willing to 12 cooperate or is cooperating with the investigation to enable 13 the individual, if eligible under federal law, to qualify for 14 an appropriate special immigrant visa and to access available 15 federal benefits. Cooperation with law enforcement shall not 16 be required of victims of a crime described in this Section who 17 are under 18 years of age. This certification shall be made 18 available to the victim and his or her designated legal 19 representative. 20 (j) A person who commits involuntary servitude, 21 involuntary sexual servitude of a minor, or trafficking in 22 persons under subsection (b), (c), or (d) of this Section is 23 subject to the property forfeiture provisions set forth in 24 Article 124B of the Code of Criminal Procedure of 1963. 25 (Source: P.A. 101-18, eff. 1-1-20.) SB2361 - 34 - LRB104 03861 RLC 13885 b SB2361- 35 -LRB104 03861 RLC 13885 b SB2361 - 35 - LRB104 03861 RLC 13885 b SB2361 - 35 - LRB104 03861 RLC 13885 b 1 (720 ILCS 5/11-18.1) (from Ch. 38, par. 11-18.1) 2 Sec. 11-18.1. Patronizing a minor engaged in prostitution. 3 (a) Any person who engages in an act of sexual penetration 4 as defined in Section 11-0.1 of this Code with a person engaged 5 in prostitution who is under 18 years of age or is a person 6 with a severe or profound intellectual disability commits 7 patronizing a minor engaged in prostitution. 8 (a-5) Any person who engages in any touching or fondling, 9 with a person engaged in prostitution who either is under 18 10 years of age or is a person with a severe or profound 11 intellectual disability, of the sex organs of one person by 12 the other person, with the intent to achieve sexual arousal or 13 gratification, commits patronizing a minor engaged in 14 prostitution. 15 (b) (Blank). It is an affirmative defense to the charge of 16 patronizing a minor engaged in prostitution that the accused 17 reasonably believed that the person was of the age of 18 years 18 or over or was not a person with a severe or profound 19 intellectual disability at the time of the act giving rise to 20 the charge. 21 (c) Sentence. A person who commits patronizing a juvenile 22 prostitute is guilty of a Class 3 felony, unless committed 23 within 1,000 feet of real property comprising a school, in 24 which case it is a Class 2 felony. A person convicted of a 25 second or subsequent violation of this Section, or of any 26 combination of such number of convictions under this Section SB2361 - 35 - LRB104 03861 RLC 13885 b SB2361- 36 -LRB104 03861 RLC 13885 b SB2361 - 36 - LRB104 03861 RLC 13885 b SB2361 - 36 - LRB104 03861 RLC 13885 b 1 and Sections 11-14 (prostitution), 11-14.1 (solicitation of a 2 sexual act), 11-14.3 (promoting prostitution), 11-14.4 3 (promoting juvenile prostitution), 11-15 (soliciting for a 4 prostitute), 11-15.1 (soliciting for a juvenile prostitute), 5 11-16 (pandering), 11-17 (keeping a place of prostitution), 6 11-17.1 (keeping a place of juvenile prostitution), 11-18 7 (patronizing a prostitute), 11-19 (pimping), 11-19.1 (juvenile 8 pimping or aggravated juvenile pimping), or 11-19.2 9 (exploitation of a child) of this Code, is guilty of a Class 2 10 felony. The fact of such conviction is not an element of the 11 offense and may not be disclosed to the jury during trial 12 unless otherwise permitted by issues properly raised during 13 such trial. 14 (Source: P.A. 99-143, eff. 7-27-15.) 15 (720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1) 16 Sec. 11-20.1. Child pornography. 17 (a) A person commits child pornography who: 18 (1) films, videotapes, photographs, or otherwise 19 depicts or portrays by means of any similar visual medium 20 or reproduction or depicts by computer any child whom he 21 or she knows or reasonably should know to be under the age 22 of 18 or any person with a severe or profound intellectual 23 disability where such child or person with a severe or 24 profound intellectual disability is: 25 (i) actually or by simulation engaged in any act SB2361 - 36 - LRB104 03861 RLC 13885 b SB2361- 37 -LRB104 03861 RLC 13885 b SB2361 - 37 - LRB104 03861 RLC 13885 b SB2361 - 37 - LRB104 03861 RLC 13885 b 1 of sexual penetration or sexual conduct with any 2 person or animal; or 3 (ii) actually or by simulation engaged in any act 4 of sexual penetration or sexual conduct involving the 5 sex organs of the child or person with a severe or 6 profound intellectual disability and the mouth, anus, 7 or sex organs of another person or animal; or which 8 involves the mouth, anus or sex organs of the child or 9 person with a severe or profound intellectual 10 disability and the sex organs of another person or 11 animal; or 12 (iii) actually or by simulation engaged in any act 13 of masturbation; or 14 (iv) actually or by simulation portrayed as being 15 the object of, or otherwise engaged in, any act of lewd 16 fondling, touching, or caressing involving another 17 person or animal; or 18 (v) actually or by simulation engaged in any act 19 of excretion or urination within a sexual context; or 20 (vi) actually or by simulation portrayed or 21 depicted as bound, fettered, or subject to sadistic, 22 masochistic, or sadomasochistic abuse in any sexual 23 context; or 24 (vii) depicted or portrayed in any pose, posture 25 or setting involving a lewd exhibition of the 26 unclothed or transparently clothed genitals, pubic SB2361 - 37 - LRB104 03861 RLC 13885 b SB2361- 38 -LRB104 03861 RLC 13885 b SB2361 - 38 - LRB104 03861 RLC 13885 b SB2361 - 38 - LRB104 03861 RLC 13885 b 1 area, buttocks, or, if such person is female, a fully 2 or partially developed breast of the child or other 3 person; or 4 (2) with the knowledge of the nature or content 5 thereof, reproduces, disseminates, offers to disseminate, 6 exhibits or possesses with intent to disseminate any film, 7 videotape, photograph or other similar visual reproduction 8 or depiction by computer of any child or person with a 9 severe or profound intellectual disability whom the person 10 knows or reasonably should know to be under the age of 18 11 or to be a person with a severe or profound intellectual 12 disability, engaged in any activity described in 13 subparagraphs (i) through (vii) of paragraph (1) of this 14 subsection; or 15 (3) with knowledge of the subject matter or theme 16 thereof, produces any stage play, live performance, film, 17 videotape or other similar visual portrayal or depiction 18 by computer which includes a child whom the person knows 19 or reasonably should know to be under the age of 18 or a 20 person with a severe or profound intellectual disability 21 engaged in any activity described in subparagraphs (i) 22 through (vii) of paragraph (1) of this subsection; or 23 (4) solicits, uses, persuades, induces, entices, or 24 coerces any child whom he or she knows or reasonably 25 should know to be under the age of 18 or a person with a 26 severe or profound intellectual disability to appear in SB2361 - 38 - LRB104 03861 RLC 13885 b SB2361- 39 -LRB104 03861 RLC 13885 b SB2361 - 39 - LRB104 03861 RLC 13885 b SB2361 - 39 - LRB104 03861 RLC 13885 b 1 any stage play, live presentation, film, videotape, 2 photograph or other similar visual reproduction or 3 depiction by computer in which the child or person with a 4 severe or profound intellectual disability is or will be 5 depicted, actually or by simulation, in any act, pose or 6 setting described in subparagraphs (i) through (vii) of 7 paragraph (1) of this subsection; or 8 (5) is a parent, step-parent, legal guardian or other 9 person having care or custody of a child whom the person 10 knows or reasonably should know to be under the age of 18 11 or a person with a severe or profound intellectual 12 disability and who knowingly permits, induces, promotes, 13 or arranges for such child or person with a severe or 14 profound intellectual disability to appear in any stage 15 play, live performance, film, videotape, photograph or 16 other similar visual presentation, portrayal or simulation 17 or depiction by computer of any act or activity described 18 in subparagraphs (i) through (vii) of paragraph (1) of 19 this subsection; or 20 (6) with knowledge of the nature or content thereof, 21 possesses any film, videotape, photograph or other similar 22 visual reproduction or depiction by computer of any child 23 or person with a severe or profound intellectual 24 disability whom the person knows or reasonably should know 25 to be under the age of 18 or to be a person with a severe 26 or profound intellectual disability, engaged in any SB2361 - 39 - LRB104 03861 RLC 13885 b SB2361- 40 -LRB104 03861 RLC 13885 b SB2361 - 40 - LRB104 03861 RLC 13885 b SB2361 - 40 - LRB104 03861 RLC 13885 b 1 activity described in subparagraphs (i) through (vii) of 2 paragraph (1) of this subsection; or 3 (7) solicits, or knowingly uses, persuades, induces, 4 entices, or coerces, a person to provide a child under the 5 age of 18 or a person with a severe or profound 6 intellectual disability to appear in any videotape, 7 photograph, film, stage play, live presentation, or other 8 similar visual reproduction or depiction by computer in 9 which the child or person with a severe or profound 10 intellectual disability will be depicted, actually or by 11 simulation, in any act, pose, or setting described in 12 subparagraphs (i) through (vii) of paragraph (1) of this 13 subsection. 14 (a-5) The possession of each individual film, videotape, 15 photograph, or other similar visual reproduction or depiction 16 by computer in violation of this Section constitutes a single 17 and separate violation. This subsection (a-5) does not apply 18 to multiple copies of the same film, videotape, photograph, or 19 other similar visual reproduction or depiction by computer 20 that are identical to each other. 21 (b)(1) It shall be an affirmative defense to a charge of 22 child pornography that the defendant reasonably believed, 23 under all of the circumstances, that the child was 18 years of 24 age or older or that the person was not a person with a severe 25 or profound intellectual disability but only where, prior to 26 the act or acts giving rise to a prosecution under this SB2361 - 40 - LRB104 03861 RLC 13885 b SB2361- 41 -LRB104 03861 RLC 13885 b SB2361 - 41 - LRB104 03861 RLC 13885 b SB2361 - 41 - LRB104 03861 RLC 13885 b 1 Section, he or she took some affirmative action or made a 2 bonafide inquiry designed to ascertain whether the child was 3 18 years of age or older or that the person was not a person 4 with a severe or profound intellectual disability and his or 5 her reliance upon the information so obtained was clearly 6 reasonable. 7 (1.5) Telecommunications carriers, commercial mobile 8 service providers, and providers of information services, 9 including, but not limited to, Internet service providers and 10 hosting service providers, are not liable under this Section 11 by virtue of the transmission, storage, or caching of 12 electronic communications or messages of others or by virtue 13 of the provision of other related telecommunications, 14 commercial mobile services, or information services used by 15 others in violation of this Section. 16 (2) (Blank). 17 (3) The charge of child pornography shall not apply to the 18 performance of official duties by law enforcement or 19 prosecuting officers or persons employed by law enforcement or 20 prosecuting agencies, court personnel or attorneys, nor to 21 bonafide treatment or professional education programs 22 conducted by licensed physicians, psychologists or social 23 workers. In any criminal proceeding, any property or material 24 that constitutes child pornography shall remain in the care, 25 custody, and control of either the State or the court. A motion 26 to view the evidence shall comply with subsection (e-5) of SB2361 - 41 - LRB104 03861 RLC 13885 b SB2361- 42 -LRB104 03861 RLC 13885 b SB2361 - 42 - LRB104 03861 RLC 13885 b SB2361 - 42 - LRB104 03861 RLC 13885 b 1 this Section. 2 (4) If the defendant possessed more than one of the same 3 film, videotape or visual reproduction or depiction by 4 computer in which child pornography is depicted, then the 5 trier of fact may infer that the defendant possessed such 6 materials with the intent to disseminate them. 7 (5) The charge of child pornography does not apply to a 8 person who does not voluntarily possess a film, videotape, or 9 visual reproduction or depiction by computer in which child 10 pornography is depicted. Possession is voluntary if the 11 defendant knowingly procures or receives a film, videotape, or 12 visual reproduction or depiction for a sufficient time to be 13 able to terminate his or her possession. 14 (6) Any violation of paragraph (1), (2), (3), (4), (5), or 15 (7) of subsection (a) that includes a child engaged in, 16 solicited for, depicted in, or posed in any act of sexual 17 penetration or bound, fettered, or subject to sadistic, 18 masochistic, or sadomasochistic abuse in a sexual context 19 shall be deemed a crime of violence. 20 (c) If the violation does not involve a film, videotape, 21 or other moving depiction, a violation of paragraph (1), (4), 22 (5), (6), or (7) of subsection (a) is a Class 1 felony with a 23 mandatory minimum fine of $2,000 and a maximum fine of 24 $100,000. If the violation involves a film, videotape, or 25 other moving depiction, a violation of paragraph (1), (4), 26 (5), (6), or (7) of subsection (a) is a Class X felony with a SB2361 - 42 - LRB104 03861 RLC 13885 b SB2361- 43 -LRB104 03861 RLC 13885 b SB2361 - 43 - LRB104 03861 RLC 13885 b SB2361 - 43 - LRB104 03861 RLC 13885 b 1 mandatory minimum fine of $2,000 and a maximum fine of 2 $100,000. If the violation does not involve a film, videotape, 3 or other moving depiction, a violation of paragraph (3) of 4 subsection (a) is a Class 1 felony with a mandatory minimum 5 fine of $1500 and a maximum fine of $100,000. If the violation 6 involves a film, videotape, or other moving depiction, a 7 violation of paragraph (3) of subsection (a) is a Class X 8 felony with a mandatory minimum fine of $1500 and a maximum 9 fine of $100,000. If the violation does not involve a film, 10 videotape, or other moving depiction, a violation of paragraph 11 (2) of subsection (a) is a Class 1 felony with a mandatory 12 minimum fine of $1000 and a maximum fine of $100,000. If the 13 violation involves a film, videotape, or other moving 14 depiction, a violation of paragraph (2) of subsection (a) is a 15 Class X felony with a mandatory minimum fine of $1000 and a 16 maximum fine of $100,000. If the violation does not involve a 17 film, videotape, or other moving depiction, a violation of 18 paragraph (6) of subsection (a) is a Class 3 felony with a 19 mandatory minimum fine of $1000 and a maximum fine of 20 $100,000. If the violation involves a film, videotape, or 21 other moving depiction, a violation of paragraph (6) of 22 subsection (a) is a Class 2 felony with a mandatory minimum 23 fine of $1000 and a maximum fine of $100,000. 24 (c-5) Where the child depicted is under the age of 13, a 25 violation of paragraph (1), (2), (3), (4), (5), or (7) of 26 subsection (a) is a Class X felony with a mandatory minimum SB2361 - 43 - LRB104 03861 RLC 13885 b SB2361- 44 -LRB104 03861 RLC 13885 b SB2361 - 44 - LRB104 03861 RLC 13885 b SB2361 - 44 - LRB104 03861 RLC 13885 b 1 fine of $2,000 and a maximum fine of $100,000. Where the child 2 depicted is under the age of 13, a violation of paragraph (6) 3 of subsection (a) is a Class 2 felony with a mandatory minimum 4 fine of $1,000 and a maximum fine of $100,000. Where the child 5 depicted is under the age of 13, a person who commits a 6 violation of paragraph (1), (2), (3), (4), (5), or (7) of 7 subsection (a) where the defendant has previously been 8 convicted under the laws of this State or any other state of 9 the offense of child pornography, aggravated child 10 pornography, aggravated criminal sexual abuse, aggravated 11 criminal sexual assault, predatory criminal sexual assault of 12 a child, or any of the offenses formerly known as rape, deviate 13 sexual assault, indecent liberties with a child, or aggravated 14 indecent liberties with a child where the victim was under the 15 age of 18 years or an offense that is substantially equivalent 16 to those offenses, is guilty of a Class X felony for which the 17 person shall be sentenced to a term of imprisonment of not less 18 than 9 years with a mandatory minimum fine of $2,000 and a 19 maximum fine of $100,000. Where the child depicted is under 20 the age of 13, a person who commits a violation of paragraph 21 (6) of subsection (a) where the defendant has previously been 22 convicted under the laws of this State or any other state of 23 the offense of child pornography, aggravated child 24 pornography, aggravated criminal sexual abuse, aggravated 25 criminal sexual assault, predatory criminal sexual assault of 26 a child, or any of the offenses formerly known as rape, deviate SB2361 - 44 - LRB104 03861 RLC 13885 b SB2361- 45 -LRB104 03861 RLC 13885 b SB2361 - 45 - LRB104 03861 RLC 13885 b SB2361 - 45 - LRB104 03861 RLC 13885 b 1 sexual assault, indecent liberties with a child, or aggravated 2 indecent liberties with a child where the victim was under the 3 age of 18 years or an offense that is substantially equivalent 4 to those offenses, is guilty of a Class X 1 felony with a 5 mandatory minimum fine of $2,000 $1,000 and a maximum fine of 6 $100,000. The issue of whether the child depicted is under the 7 age of 13 is an element of the offense to be resolved by the 8 trier of fact. 9 (d) If a person is convicted of a second or subsequent 10 violation of this Section within 10 years of a prior 11 conviction, the court shall order a presentence psychiatric 12 examination of the person. The examiner shall report to the 13 court whether treatment of the person is necessary. 14 (e) Any film, videotape, photograph or other similar 15 visual reproduction or depiction by computer which includes a 16 child under the age of 18 or a person with a severe or profound 17 intellectual disability engaged in any activity described in 18 subparagraphs (i) through (vii) or paragraph 1 of subsection 19 (a), and any material or equipment used or intended for use in 20 photographing, filming, printing, producing, reproducing, 21 manufacturing, projecting, exhibiting, depiction by computer, 22 or disseminating such material shall be seized and forfeited 23 in the manner, method and procedure provided by Section 36-1 24 of this Code for the seizure and forfeiture of vessels, 25 vehicles and aircraft. 26 In addition, any person convicted under this Section is SB2361 - 45 - LRB104 03861 RLC 13885 b SB2361- 46 -LRB104 03861 RLC 13885 b SB2361 - 46 - LRB104 03861 RLC 13885 b SB2361 - 46 - LRB104 03861 RLC 13885 b 1 subject to the property forfeiture provisions set forth in 2 Article 124B of the Code of Criminal Procedure of 1963. 3 (e-5) Upon the conclusion of a case brought under this 4 Section, the court shall seal all evidence depicting a victim 5 or witness that is sexually explicit. The evidence may be 6 unsealed and viewed, on a motion of the party seeking to unseal 7 and view the evidence, only for good cause shown and in the 8 discretion of the court. The motion must expressly set forth 9 the purpose for viewing the material. The State's attorney and 10 the victim, if possible, shall be provided reasonable notice 11 of the hearing on the motion to unseal the evidence. Any person 12 entitled to notice of a hearing under this subsection (e-5) 13 may object to the motion. 14 (f) Definitions. For the purposes of this Section: 15 (1) "Disseminate" means (i) to sell, distribute, 16 exchange or transfer possession, whether with or without 17 consideration or (ii) to make a depiction by computer 18 available for distribution or downloading through the 19 facilities of any telecommunications network or through 20 any other means of transferring computer programs or data 21 to a computer. 22 (2) "Produce" means to direct, promote, advertise, 23 publish, manufacture, issue, present or show. 24 (3) "Reproduce" means to make a duplication or copy. 25 (4) "Depict by computer" means to generate or create, 26 or cause to be created or generated, a computer program or SB2361 - 46 - LRB104 03861 RLC 13885 b SB2361- 47 -LRB104 03861 RLC 13885 b SB2361 - 47 - LRB104 03861 RLC 13885 b SB2361 - 47 - LRB104 03861 RLC 13885 b 1 data that, after being processed by a computer either 2 alone or in conjunction with one or more computer 3 programs, results in a visual depiction on a computer 4 monitor, screen, or display. 5 (5) "Depiction by computer" means a computer program 6 or data that, after being processed by a computer either 7 alone or in conjunction with one or more computer 8 programs, results in a visual depiction on a computer 9 monitor, screen, or display. 10 (6) "Computer", "computer program", and "data" have 11 the meanings ascribed to them in Section 17.05 of this 12 Code. 13 (7) For the purposes of this Section, "child 14 pornography" includes a film, videotape, photograph, or 15 other similar visual medium or reproduction or depiction 16 by computer that is, or appears to be, that of a person, 17 either in part, or in total, under the age of 18 or a 18 person with a severe or profound intellectual disability, 19 regardless of the method by which the film, videotape, 20 photograph, or other similar visual medium or reproduction 21 or depiction by computer is created, adopted, or modified 22 to appear as such. "Child pornography" also includes a 23 film, videotape, photograph, or other similar visual 24 medium or reproduction or depiction by computer that is 25 advertised, promoted, presented, described, or distributed 26 in such a manner that conveys the impression that the SB2361 - 47 - LRB104 03861 RLC 13885 b SB2361- 48 -LRB104 03861 RLC 13885 b SB2361 - 48 - LRB104 03861 RLC 13885 b SB2361 - 48 - LRB104 03861 RLC 13885 b 1 film, videotape, photograph, or other similar visual 2 medium or reproduction or depiction by computer is of a 3 person under the age of 18 or a person with a severe or 4 profound intellectual disability. "Child pornography" 5 includes the depiction of a part of an actual child under 6 the age of 18 who, by manipulation, creation, or 7 modification, appears to be engaged in any activity 8 described in subparagraphs (i) through (vii) of paragraph 9 (1) of subsection (a). "Child pornography" does not 10 include images or materials in which the creator of the 11 image or materials is the sole subject of the depiction. 12 (g) Re-enactment; findings; purposes. 13 (1) The General Assembly finds and declares that: 14 (i) Section 50-5 of Public Act 88-680, effective 15 January 1, 1995, contained provisions amending the 16 child pornography statute, Section 11-20.1 of the 17 Criminal Code of 1961. Section 50-5 also contained 18 other provisions. 19 (ii) In addition, Public Act 88-680 was entitled 20 "AN ACT to create a Safe Neighborhoods Law". (A) 21 Article 5 was entitled JUVENILE JUSTICE and amended 22 the Juvenile Court Act of 1987. (B) Article 15 was 23 entitled GANGS and amended various provisions of the 24 Criminal Code of 1961 and the Unified Code of 25 Corrections. (C) Article 20 was entitled ALCOHOL ABUSE 26 and amended various provisions of the Illinois Vehicle SB2361 - 48 - LRB104 03861 RLC 13885 b SB2361- 49 -LRB104 03861 RLC 13885 b SB2361 - 49 - LRB104 03861 RLC 13885 b SB2361 - 49 - LRB104 03861 RLC 13885 b 1 Code. (D) Article 25 was entitled DRUG ABUSE and 2 amended the Cannabis Control Act and the Illinois 3 Controlled Substances Act. (E) Article 30 was entitled 4 FIREARMS and amended the Criminal Code of 1961 and the 5 Code of Criminal Procedure of 1963. (F) Article 35 6 amended the Criminal Code of 1961, the Rights of Crime 7 Victims and Witnesses Act, and the Unified Code of 8 Corrections. (G) Article 40 amended the Criminal Code 9 of 1961 to increase the penalty for compelling 10 organization membership of persons. (H) Article 45 11 created the Secure Residential Youth Care Facility 12 Licensing Act and amended the State Finance Act, the 13 Juvenile Court Act of 1987, the Unified Code of 14 Corrections, and the Private Correctional Facility 15 Moratorium Act. (I) Article 50 amended the WIC Vendor 16 Management Act, the Firearm Owners Identification Card 17 Act, the Juvenile Court Act of 1987, the Criminal Code 18 of 1961, the Wrongs to Children Act, and the Unified 19 Code of Corrections. 20 (iii) On September 22, 1998, the Third District 21 Appellate Court in People v. Dainty, 701 N.E. 2d 118, 22 ruled that Public Act 88-680 violates the single 23 subject clause of the Illinois Constitution (Article 24 IV, Section 8 (d)) and was unconstitutional in its 25 entirety. As of the time this amendatory Act of 1999 26 was prepared, People v. Dainty was still subject to SB2361 - 49 - LRB104 03861 RLC 13885 b SB2361- 50 -LRB104 03861 RLC 13885 b SB2361 - 50 - LRB104 03861 RLC 13885 b SB2361 - 50 - LRB104 03861 RLC 13885 b 1 appeal. 2 (iv) Child pornography is a vital concern to the 3 people of this State and the validity of future 4 prosecutions under the child pornography statute of 5 the Criminal Code of 1961 is in grave doubt. 6 (2) It is the purpose of this amendatory Act of 1999 to 7 prevent or minimize any problems relating to prosecutions 8 for child pornography that may result from challenges to 9 the constitutional validity of Public Act 88-680 by 10 re-enacting the Section relating to child pornography that 11 was included in Public Act 88-680. 12 (3) This amendatory Act of 1999 re-enacts Section 13 11-20.1 of the Criminal Code of 1961, as it has been 14 amended. This re-enactment is intended to remove any 15 question as to the validity or content of that Section; it 16 is not intended to supersede any other Public Act that 17 amends the text of the Section as set forth in this 18 amendatory Act of 1999. The material is shown as existing 19 text (i.e., without underscoring) because, as of the time 20 this amendatory Act of 1999 was prepared, People v. Dainty 21 was subject to appeal to the Illinois Supreme Court. 22 (4) The re-enactment by this amendatory Act of 1999 of 23 Section 11-20.1 of the Criminal Code of 1961 relating to 24 child pornography that was amended by Public Act 88-680 is 25 not intended, and shall not be construed, to imply that 26 Public Act 88-680 is invalid or to limit or impair any SB2361 - 50 - LRB104 03861 RLC 13885 b SB2361- 51 -LRB104 03861 RLC 13885 b SB2361 - 51 - LRB104 03861 RLC 13885 b SB2361 - 51 - LRB104 03861 RLC 13885 b 1 legal argument concerning whether those provisions were 2 substantially re-enacted by other Public Acts. 3 (Source: P.A. 102-567, eff. 1-1-22; 103-825, eff. 1-1-25.) 4 (720 ILCS 5/11-25) 5 Sec. 11-25. Grooming. 6 (a) A person commits grooming when he or she knowingly 7 uses a computer on-line service, Internet service, local 8 bulletin board service, or any other device capable of 9 electronic data storage or transmission, performs an act in 10 person or by conduct through a third party, or uses written 11 communication to seduce, solicit, lure, or entice, or attempt 12 to seduce, solicit, lure, or entice, a child, a child's 13 guardian, or another person believed by the person to be a 14 child or a child's guardian, to commit any sex offense as 15 defined in Section 2 of the Sex Offender Registration Act, to 16 distribute photographs depicting the sex organs of the child, 17 or to otherwise engage in any unlawful sexual conduct with a 18 child or with another person believed by the person to be a 19 child. As used in this Section, "child" means a person under 17 20 years of age. 21 (a-5) It is not a defense to a violation of this Section 22 that the accused reasonably believed the child to be 17 years 23 of age or over. 24 (b) Sentence. Grooming is a Class 4 felony. 25 (Source: P.A. 102-676, eff. 6-1-22.) SB2361 - 51 - LRB104 03861 RLC 13885 b SB2361- 52 -LRB104 03861 RLC 13885 b SB2361 - 52 - LRB104 03861 RLC 13885 b SB2361 - 52 - LRB104 03861 RLC 13885 b 1 (720 ILCS 5/11-27 new) 2 Sec. 11-27. Selling travel services to facilitate sexual 3 exploitation of a child. 4 (a) In this Section, "child" means a person under 17 years 5 of age. 6 (b) A person commits selling travel services to facilitate 7 sexual exploitation of a child when he or she knowingly sells 8 or offers to sell travel services for the purpose of seducing, 9 soliciting, luring, or enticing, or attempting to seduce, 10 solicit, lure, or entice a person to travel to a location 11 within this State to commit any sex offense as defined in 12 Section 2 of the Sex Offender Registration Act, to distribute 13 photographs depicting the sex organs of the child, or to 14 otherwise engage in any unlawful sexual conduct with a child 15 or with another person believed by the person to be a child. 16 (c) Sentence. Selling travel services to facilitate sexual 17 exploitation of a child is a Class 4 felony. 18 Section 25. The Code of Criminal Procedure of 1963 is 19 amended by changing Section 116-2.1 as follows: 20 (725 ILCS 5/116-2.1) 21 Sec. 116-2.1. Motion to vacate prostitution convictions 22 for sex trafficking victims. 23 (a) A motion under this Section may be filed at any time SB2361 - 52 - LRB104 03861 RLC 13885 b SB2361- 53 -LRB104 03861 RLC 13885 b SB2361 - 53 - LRB104 03861 RLC 13885 b SB2361 - 53 - LRB104 03861 RLC 13885 b 1 following the entry of a verdict or finding of guilty or an 2 adjudication of delinquency under the Juvenile Court Act of 3 1987 where the conviction was under Section 11-14 4 (prostitution) or Section 11-14.2 (first offender; felony 5 prostitution) of the Criminal Code of 1961 or the Criminal 6 Code of 2012 or a similar local ordinance and the defendant's 7 participation in the offense was a result of having been a 8 trafficking victim under Section 10-9 (involuntary servitude, 9 involuntary sexual servitude of a minor, or trafficking in 10 persons) of the Criminal Code of 1961 or the Criminal Code of 11 2012; or a victim of a severe form of trafficking under the 12 federal Trafficking Victims Protection Act (22 U.S.C. Section 13 7102(13)); provided that: 14 (1) a motion under this Section shall state why the 15 facts giving rise to this motion were not presented to the 16 trial court, and shall be made with due diligence, after 17 the defendant has ceased to be a victim of such 18 trafficking or has sought services for victims of such 19 trafficking, subject to reasonable concerns for the safety 20 of the defendant, family members of the defendant, or 21 other victims of such trafficking that may be jeopardized 22 by the bringing of such motion, or for other reasons 23 consistent with the purpose of this Section; and 24 (2) reasonable notice of the motion shall be served 25 upon the State. 26 (b) The court may grant the motion if, in the discretion of SB2361 - 53 - LRB104 03861 RLC 13885 b SB2361- 54 -LRB104 03861 RLC 13885 b SB2361 - 54 - LRB104 03861 RLC 13885 b SB2361 - 54 - LRB104 03861 RLC 13885 b 1 the court, the violation was a result of the defendant having 2 been a victim of human trafficking. Evidence of such may 3 include, but is not limited to: 4 (1) certified records of federal or State court 5 proceedings which demonstrate that the defendant was a 6 victim of a trafficker charged with a trafficking offense 7 under Section 10-9 of the Criminal Code of 1961 or the 8 Criminal Code of 2012, or under 22 U.S.C. Chapter 78; 9 (2) certified records of "approval notices" or "law 10 enforcement certifications" generated from federal 11 immigration proceedings available to such victims; or 12 (3) a sworn statement from a trained professional 13 staff of a victim services organization, an attorney, a 14 member of the clergy, or a medical or other professional 15 from whom the defendant has sought assistance in 16 addressing the trauma associated with being trafficked. 17 Alternatively, the court may consider such other evidence 18 as it deems of sufficient credibility and probative value in 19 determining whether the defendant is a trafficking victim or 20 victim of a severe form of trafficking. 21 (c) If the court grants a motion under this Section, it 22 must vacate the conviction and may take such additional action 23 as is appropriate in the circumstances. 24 (Source: P.A. 97-267, eff. 1-1-12; 97-897, eff. 1-1-13; 25 97-1150, eff. 1-25-13.) SB2361 - 54 - LRB104 03861 RLC 13885 b SB2361- 55 -LRB104 03861 RLC 13885 b SB2361 - 55 - LRB104 03861 RLC 13885 b SB2361 - 55 - LRB104 03861 RLC 13885 b 1 Section 30. The Sex Offender Registration Act is amended 2 by changing Section 2 as follows: 3 (730 ILCS 150/2) (from Ch. 38, par. 222) 4 Sec. 2. Definitions. 5 (A) As used in this Article, "sex offender" means any 6 person who is: 7 (1) charged pursuant to Illinois law, or any 8 substantially similar federal, Uniform Code of Military 9 Justice, sister state, or foreign country law, with a sex 10 offense set forth in subsection (B) of this Section or the 11 attempt to commit an included sex offense, and: 12 (a) is convicted of such offense or an attempt to 13 commit such offense; or 14 (b) is found not guilty by reason of insanity of 15 such offense or an attempt to commit such offense; or 16 (c) is found not guilty by reason of insanity 17 pursuant to Section 104-25(c) of the Code of Criminal 18 Procedure of 1963 of such offense or an attempt to 19 commit such offense; or 20 (d) is the subject of a finding not resulting in an 21 acquittal at a hearing conducted pursuant to Section 22 104-25(a) of the Code of Criminal Procedure of 1963 23 for the alleged commission or attempted commission of 24 such offense; or 25 (e) is found not guilty by reason of insanity SB2361 - 55 - LRB104 03861 RLC 13885 b SB2361- 56 -LRB104 03861 RLC 13885 b SB2361 - 56 - LRB104 03861 RLC 13885 b SB2361 - 56 - LRB104 03861 RLC 13885 b 1 following a hearing conducted pursuant to a federal, 2 Uniform Code of Military Justice, sister state, or 3 foreign country law substantially similar to Section 4 104-25(c) of the Code of Criminal Procedure of 1963 of 5 such offense or of the attempted commission of such 6 offense; or 7 (f) is the subject of a finding not resulting in an 8 acquittal at a hearing conducted pursuant to a 9 federal, Uniform Code of Military Justice, sister 10 state, or foreign country law substantially similar to 11 Section 104-25(a) of the Code of Criminal Procedure of 12 1963 for the alleged violation or attempted commission 13 of such offense; or 14 (2) declared as a sexually dangerous person pursuant 15 to the Illinois Sexually Dangerous Persons Act, or any 16 substantially similar federal, Uniform Code of Military 17 Justice, sister state, or foreign country law; or 18 (3) subject to the provisions of Section 2 of the 19 Interstate Agreements on Sexually Dangerous Persons Act; 20 or 21 (4) found to be a sexually violent person pursuant to 22 the Sexually Violent Persons Commitment Act or any 23 substantially similar federal, Uniform Code of Military 24 Justice, sister state, or foreign country law; or 25 (5) adjudicated a juvenile delinquent as the result of 26 committing or attempting to commit an act which, if SB2361 - 56 - LRB104 03861 RLC 13885 b SB2361- 57 -LRB104 03861 RLC 13885 b SB2361 - 57 - LRB104 03861 RLC 13885 b SB2361 - 57 - LRB104 03861 RLC 13885 b 1 committed by an adult, would constitute any of the 2 offenses specified in item (B), (C), or (C-5) of this 3 Section or a violation of any substantially similar 4 federal, Uniform Code of Military Justice, sister state, 5 or foreign country law, or found guilty under Article V of 6 the Juvenile Court Act of 1987 of committing or attempting 7 to commit an act which, if committed by an adult, would 8 constitute any of the offenses specified in item (B), (C), 9 or (C-5) of this Section or a violation of any 10 substantially similar federal, Uniform Code of Military 11 Justice, sister state, or foreign country law. 12 Convictions that result from or are connected with the 13 same act, or result from offenses committed at the same time, 14 shall be counted for the purpose of this Article as one 15 conviction. Any conviction set aside pursuant to law is not a 16 conviction for purposes of this Article. 17 For purposes of this Section, "convicted" shall have the 18 same meaning as "adjudicated". 19 (B) As used in this Article, "sex offense" means: 20 (1) A violation of any of the following Sections of 21 the Criminal Code of 1961 or the Criminal Code of 2012: 22 10-9 (trafficking in persons, involuntary 23 servitude, and related offenses), 24 11-20.1 (child pornography), 25 11-20.1B or 11-20.3 (aggravated child 26 pornography), SB2361 - 57 - LRB104 03861 RLC 13885 b SB2361- 58 -LRB104 03861 RLC 13885 b SB2361 - 58 - LRB104 03861 RLC 13885 b SB2361 - 58 - LRB104 03861 RLC 13885 b 1 11-6 (indecent solicitation of a child), 2 11-9.1 (sexual exploitation of a child), 3 11-9.2 (custodial sexual misconduct), 4 11-9.5 (sexual misconduct with a person with a 5 disability), 6 11-14.4 (promoting juvenile prostitution), 7 11-15.1 (soliciting for a juvenile prostitute), 8 11-18.1 (patronizing a juvenile prostitute), 9 11-17.1 (keeping a place of juvenile 10 prostitution), 11 11-19.1 (juvenile pimping), 12 11-19.2 (exploitation of a child), 13 11-25 (grooming), 14 11-26 (traveling to meet a minor or traveling to 15 meet a child), 16 11-1.20 or 12-13 (criminal sexual assault), 17 11-1.30 or 12-14 (aggravated criminal sexual 18 assault), 19 11-1.40 or 12-14.1 (predatory criminal sexual 20 assault of a child), 21 11-1.50 or 12-15 (criminal sexual abuse), 22 11-1.60 or 12-16 (aggravated criminal sexual 23 abuse), 24 12-33 (ritualized abuse of a child). 25 An attempt to commit any of these offenses. 26 (1.5) A violation of any of the following Sections of SB2361 - 58 - LRB104 03861 RLC 13885 b SB2361- 59 -LRB104 03861 RLC 13885 b SB2361 - 59 - LRB104 03861 RLC 13885 b SB2361 - 59 - LRB104 03861 RLC 13885 b 1 the Criminal Code of 1961 or the Criminal Code of 2012, 2 when the victim is a person under 18 years of age, the 3 defendant is not a parent of the victim, the offense was 4 sexually motivated as defined in Section 10 of the Sex 5 Offender Evaluation and Treatment Act, and the offense was 6 committed on or after January 1, 1996: 7 10-1 (kidnapping), 8 10-2 (aggravated kidnapping), 9 10-3 (unlawful restraint), 10 10-3.1 (aggravated unlawful restraint). 11 If the offense was committed before January 1, 1996, 12 it is a sex offense requiring registration only when the 13 person is convicted of any felony after July 1, 2011, and 14 paragraph (2.1) of subsection (c) of Section 3 of this Act 15 applies. 16 (1.6) First degree murder under Section 9-1 of the 17 Criminal Code of 1961 or the Criminal Code of 2012, 18 provided the offense was sexually motivated as defined in 19 Section 10 of the Sex Offender Management Board Act. 20 (1.7) (Blank). 21 (1.8) A violation or attempted violation of Section 22 11-11 (sexual relations within families) of the Criminal 23 Code of 1961 or the Criminal Code of 2012, and the offense 24 was committed on or after June 1, 1997. If the offense was 25 committed before June 1, 1997, it is a sex offense 26 requiring registration only when the person is convicted SB2361 - 59 - LRB104 03861 RLC 13885 b SB2361- 60 -LRB104 03861 RLC 13885 b SB2361 - 60 - LRB104 03861 RLC 13885 b SB2361 - 60 - LRB104 03861 RLC 13885 b 1 of any felony after July 1, 2011, and paragraph (2.1) of 2 subsection (c) of Section 3 of this Act applies. 3 (1.9) Child abduction under paragraph (10) of 4 subsection (b) of Section 10-5 of the Criminal Code of 5 1961 or the Criminal Code of 2012 committed by luring or 6 attempting to lure a child under the age of 16 into a motor 7 vehicle, building, house trailer, or dwelling place 8 without the consent of the parent or lawful custodian of 9 the child for other than a lawful purpose and the offense 10 was committed on or after January 1, 1998, provided the 11 offense was sexually motivated as defined in Section 10 of 12 the Sex Offender Management Board Act. If the offense was 13 committed before January 1, 1998, it is a sex offense 14 requiring registration only when the person is convicted 15 of any felony after July 1, 2011, and paragraph (2.1) of 16 subsection (c) of Section 3 of this Act applies. 17 (1.10) A violation or attempted violation of any of 18 the following Sections of the Criminal Code of 1961 or the 19 Criminal Code of 2012 when the offense was committed on or 20 after July 1, 1999: 21 10-4 (forcible detention, if the victim is under 22 18 years of age), provided the offense was sexually 23 motivated as defined in Section 10 of the Sex Offender 24 Management Board Act, 25 11-6.5 (indecent solicitation of an adult), 26 11-14.3 that involves soliciting for a prostitute, SB2361 - 60 - LRB104 03861 RLC 13885 b SB2361- 61 -LRB104 03861 RLC 13885 b SB2361 - 61 - LRB104 03861 RLC 13885 b SB2361 - 61 - LRB104 03861 RLC 13885 b 1 or 11-15 (soliciting for a prostitute, if the victim 2 is under 18 years of age), 3 subdivision (a)(2)(A) or (a)(2)(B) of Section 4 11-14.3, or Section 11-16 (pandering, if the victim is 5 under 18 years of age), 6 11-18 (patronizing a prostitute, if the victim is 7 under 18 years of age), 8 subdivision (a)(2)(C) of Section 11-14.3, or 9 Section 11-19 (pimping, if the victim is under 18 10 years of age). 11 If the offense was committed before July 1, 1999, it 12 is a sex offense requiring registration only when the 13 person is convicted of any felony after July 1, 2011, and 14 paragraph (2.1) of subsection (c) of Section 3 of this Act 15 applies. 16 (1.11) A violation or attempted violation of any of 17 the following Sections of the Criminal Code of 1961 or the 18 Criminal Code of 2012 when the offense was committed on or 19 after August 22, 2002: 20 11-9 or 11-30 (public indecency for a third or 21 subsequent conviction). 22 If the third or subsequent conviction was imposed 23 before August 22, 2002, it is a sex offense requiring 24 registration only when the person is convicted of any 25 felony after July 1, 2011, and paragraph (2.1) of 26 subsection (c) of Section 3 of this Act applies. SB2361 - 61 - LRB104 03861 RLC 13885 b SB2361- 62 -LRB104 03861 RLC 13885 b SB2361 - 62 - LRB104 03861 RLC 13885 b SB2361 - 62 - LRB104 03861 RLC 13885 b 1 (1.12) A violation or attempted violation of Section 2 5.1 of the Wrongs to Children Act or Section 11-9.1A of the 3 Criminal Code of 1961 or the Criminal Code of 2012 4 (permitting sexual abuse) when the offense was committed 5 on or after August 22, 2002. If the offense was committed 6 before August 22, 2002, it is a sex offense requiring 7 registration only when the person is convicted of any 8 felony after July 1, 2011, and paragraph (2.1) of 9 subsection (c) of Section 3 of this Act applies. 10 (2) A violation of any former law of this State 11 substantially equivalent to any offense listed in 12 subsection (B) of this Section. 13 (C) A conviction for an offense of federal law, Uniform 14 Code of Military Justice, or the law of another state or a 15 foreign country that is substantially equivalent to any 16 offense listed in subsections (B), (C), (E), and (E-5) of this 17 Section shall constitute a conviction for the purpose of this 18 Article. A finding or adjudication as a sexually dangerous 19 person or a sexually violent person under any federal law, 20 Uniform Code of Military Justice, or the law of another state 21 or foreign country that is substantially equivalent to the 22 Sexually Dangerous Persons Act or the Sexually Violent Persons 23 Commitment Act shall constitute an adjudication for the 24 purposes of this Article. 25 (C-5) A person at least 17 years of age at the time of the 26 commission of the offense who is convicted of first degree SB2361 - 62 - LRB104 03861 RLC 13885 b SB2361- 63 -LRB104 03861 RLC 13885 b SB2361 - 63 - LRB104 03861 RLC 13885 b SB2361 - 63 - LRB104 03861 RLC 13885 b 1 murder under Section 9-1 of the Criminal Code of 1961 or the 2 Criminal Code of 2012, against a person under 18 years of age, 3 shall be required to register for natural life. A conviction 4 for an offense of federal, Uniform Code of Military Justice, 5 sister state, or foreign country law that is substantially 6 equivalent to any offense listed in subsection (C-5) of this 7 Section shall constitute a conviction for the purpose of this 8 Article. This subsection (C-5) applies to a person who 9 committed the offense before June 1, 1996 if: (i) the person is 10 incarcerated in an Illinois Department of Corrections facility 11 on August 20, 2004 (the effective date of Public Act 93-977), 12 or (ii) subparagraph (i) does not apply and the person is 13 convicted of any felony after July 1, 2011, and paragraph 14 (2.1) of subsection (c) of Section 3 of this Act applies. 15 (C-6) A person who is convicted or adjudicated delinquent 16 of first degree murder as defined in Section 9-1 of the 17 Criminal Code of 1961 or the Criminal Code of 2012, against a 18 person 18 years of age or over, shall be required to register 19 for his or her natural life. A conviction for an offense of 20 federal, Uniform Code of Military Justice, sister state, or 21 foreign country law that is substantially equivalent to any 22 offense listed in subsection (C-6) of this Section shall 23 constitute a conviction for the purpose of this Article. This 24 subsection (C-6) does not apply to those individuals released 25 from incarceration more than 10 years prior to January 1, 2012 26 (the effective date of Public Act 97-154). SB2361 - 63 - LRB104 03861 RLC 13885 b SB2361- 64 -LRB104 03861 RLC 13885 b SB2361 - 64 - LRB104 03861 RLC 13885 b SB2361 - 64 - LRB104 03861 RLC 13885 b 1 (D) As used in this Article, "law enforcement agency 2 having jurisdiction" means the Chief of Police in each of the 3 municipalities in which the sex offender expects to reside, 4 work, or attend school (1) upon his or her discharge, parole or 5 release or (2) during the service of his or her sentence of 6 probation or conditional discharge, or the Sheriff of the 7 county, in the event no Police Chief exists or if the offender 8 intends to reside, work, or attend school in an unincorporated 9 area. "Law enforcement agency having jurisdiction" includes 10 the location where out-of-state students attend school and 11 where out-of-state employees are employed or are otherwise 12 required to register. 13 (D-1) As used in this Article, "supervising officer" means 14 the assigned Illinois Department of Corrections parole agent 15 or county probation officer. 16 (E) As used in this Article, "sexual predator" means any 17 person who, after July 1, 1999, is: 18 (1) Convicted for an offense of federal, Uniform Code 19 of Military Justice, sister state, or foreign country law 20 that is substantially equivalent to any offense listed in 21 subsection (E) or (E-5) of this Section shall constitute a 22 conviction for the purpose of this Article. Convicted of a 23 violation or attempted violation of any of the following 24 Sections of the Criminal Code of 1961 or the Criminal Code 25 of 2012: 26 10-5.1 (luring of a minor), SB2361 - 64 - LRB104 03861 RLC 13885 b SB2361- 65 -LRB104 03861 RLC 13885 b SB2361 - 65 - LRB104 03861 RLC 13885 b SB2361 - 65 - LRB104 03861 RLC 13885 b 1 11-14.4 that involves keeping a place of juvenile 2 prostitution, or 11-17.1 (keeping a place of juvenile 3 prostitution), 4 subdivision (a)(2) or (a)(3) of Section 11-14.4, 5 or Section 11-19.1 (juvenile pimping), 6 subdivision (a)(4) of Section 11-14.4, or Section 7 11-19.2 (exploitation of a child), 8 11-20.1 (child pornography), 9 11-20.1B or 11-20.3 (aggravated child 10 pornography), 11 11-1.20 or 12-13 (criminal sexual assault), 12 11-1.30 or 12-14 (aggravated criminal sexual 13 assault), 14 11-1.40 or 12-14.1 (predatory criminal sexual 15 assault of a child), 16 11-1.60 or 12-16 (aggravated criminal sexual 17 abuse), 18 12-33 (ritualized abuse of a child); 19 (2) (blank); 20 (3) declared as a sexually dangerous person pursuant 21 to the Sexually Dangerous Persons Act or any substantially 22 similar federal, Uniform Code of Military Justice, sister 23 state, or foreign country law; 24 (4) found to be a sexually violent person pursuant to 25 the Sexually Violent Persons Commitment Act or any 26 substantially similar federal, Uniform Code of Military SB2361 - 65 - LRB104 03861 RLC 13885 b SB2361- 66 -LRB104 03861 RLC 13885 b SB2361 - 66 - LRB104 03861 RLC 13885 b SB2361 - 66 - LRB104 03861 RLC 13885 b 1 Justice, sister state, or foreign country law; 2 (5) convicted of a second or subsequent offense which 3 requires registration pursuant to this Act. For purposes 4 of this paragraph (5), "convicted" shall include a 5 conviction under any substantially similar Illinois, 6 federal, Uniform Code of Military Justice, sister state, 7 or foreign country law; 8 (6) (blank); or 9 (7) if the person was convicted of an offense set 10 forth in this subsection (E) on or before July 1, 1999, the 11 person is a sexual predator for whom registration is 12 required only when the person is convicted of a felony 13 offense after July 1, 2011, and paragraph (2.1) of 14 subsection (c) of Section 3 of this Act applies. 15 (E-5) As used in this Article, "sexual predator" also 16 means a person convicted of a violation or attempted violation 17 of any of the following Sections of the Criminal Code of 1961 18 or the Criminal Code of 2012: 19 (1) Section 9-1 (first degree murder, when the victim 20 was a person under 18 years of age and the defendant was at 21 least 17 years of age at the time of the commission of the 22 offense, provided the offense was sexually motivated as 23 defined in Section 10 of the Sex Offender Management Board 24 Act); 25 (2) Section 11-9.5 (sexual misconduct with a person 26 with a disability); SB2361 - 66 - LRB104 03861 RLC 13885 b SB2361- 67 -LRB104 03861 RLC 13885 b SB2361 - 67 - LRB104 03861 RLC 13885 b SB2361 - 67 - LRB104 03861 RLC 13885 b 1 (3) when the victim is a person under 18 years of age, 2 the defendant is not a parent of the victim, the offense 3 was sexually motivated as defined in Section 10 of the Sex 4 Offender Management Board Act, and the offense was 5 committed on or after January 1, 1996: (A) Section 10-1 6 (kidnapping), (B) Section 10-2 (aggravated kidnapping), 7 (C) Section 10-3 (unlawful restraint), and (D) Section 8 10-3.1 (aggravated unlawful restraint); and 9 (4) Section 10-5(b)(10) (child abduction committed by 10 luring or attempting to lure a child under the age of 16 11 into a motor vehicle, building, house trailer, or dwelling 12 place without the consent of the parent or lawful 13 custodian of the child for other than a lawful purpose and 14 the offense was committed on or after January 1, 1998, 15 provided the offense was sexually motivated as defined in 16 Section 10 of the Sex Offender Management Board Act). 17 (E-10) As used in this Article, "sexual predator" also 18 means a person required to register in another State due to a 19 conviction, adjudication or other action of any court 20 triggering an obligation to register as a sex offender, sexual 21 predator, or substantially similar status under the laws of 22 that State. 23 (F) As used in this Article, "out-of-state student" means 24 any sex offender, as defined in this Section, or sexual 25 predator who is enrolled in Illinois, on a full-time or 26 part-time basis, in any public or private educational SB2361 - 67 - LRB104 03861 RLC 13885 b SB2361- 68 -LRB104 03861 RLC 13885 b SB2361 - 68 - LRB104 03861 RLC 13885 b SB2361 - 68 - LRB104 03861 RLC 13885 b 1 institution, including, but not limited to, any secondary 2 school, trade or professional institution, or institution of 3 higher learning. 4 (G) As used in this Article, "out-of-state employee" means 5 any sex offender, as defined in this Section, or sexual 6 predator who works in Illinois, regardless of whether the 7 individual receives payment for services performed, for a 8 period of time of 10 or more days or for an aggregate period of 9 time of 30 or more days during any calendar year. Persons who 10 operate motor vehicles in the State accrue one day of 11 employment time for any portion of a day spent in Illinois. 12 (H) As used in this Article, "school" means any public or 13 private educational institution, including, but not limited 14 to, any elementary or secondary school, trade or professional 15 institution, or institution of higher education. 16 (I) As used in this Article, "fixed residence" means any 17 and all places that a sex offender resides for an aggregate 18 period of time of 5 or more days in a calendar year. 19 (J) As used in this Article, "Internet protocol address" 20 means the string of numbers by which a location on the Internet 21 is identified by routers or other computers connected to the 22 Internet. 23 (Source: P.A. 100-428, eff. 1-1-18.) 24 Section 35. The Crime Victims Compensation Act is amended 25 by changing Section 6.1 as follows: SB2361 - 68 - LRB104 03861 RLC 13885 b SB2361- 69 -LRB104 03861 RLC 13885 b SB2361 - 69 - LRB104 03861 RLC 13885 b SB2361 - 69 - LRB104 03861 RLC 13885 b 1 (740 ILCS 45/6.1) (from Ch. 70, par. 76.1) 2 Sec. 6.1. Right to compensation. A person is entitled to 3 compensation under this Act if: 4 (a) Timing. Within 5 years of the occurrence of the 5 crime, or within one year after a criminal charge of a 6 person for an offense, upon which the claim is based, the 7 applicant presents an application, under oath, to the 8 Attorney General that is filed with the Court of Claims 9 and on a form prescribed in accordance with Section 7.1 10 furnished by the Attorney General. If the person entitled 11 to compensation is under 18 years of age or under other 12 legal disability at the time of the occurrence or is 13 determined by a court to be under a legal disability as a 14 result of the occurrence, he or she may present the 15 application required by this subsection within 3 years 16 after he or she attains the age of 18 years or the 17 disability is removed, as the case may be. Legal 18 disability includes a diagnosis of posttraumatic stress 19 disorder. 20 (a-1) The Attorney General and the Court of Claims may 21 accept an application presented after the period provided 22 in subsection (a) if the Attorney General determines that 23 the applicant had good cause for a delay. 24 (b) Notification. The appropriate law enforcement 25 officials were notified within 72 hours of the SB2361 - 69 - LRB104 03861 RLC 13885 b SB2361- 70 -LRB104 03861 RLC 13885 b SB2361 - 70 - LRB104 03861 RLC 13885 b SB2361 - 70 - LRB104 03861 RLC 13885 b 1 perpetration of the crime allegedly causing the death or 2 injury to the victim. If the notification was made more 3 than 72 hours after the perpetration of the crime and the 4 applicant establishes that the notice was timely under the 5 circumstances, the Attorney General and the Court of 6 Claims may extend the time for reporting to law 7 enforcement. 8 For victims of offenses defined in Sections 10-9, 9 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, and 10 12-14 of the Criminal Code of 1961 or the Criminal Code of 11 2012, the appropriate law enforcement officials were 12 notified within 7 days of the perpetration of the crime 13 allegedly causing death or injury to the victim or, if the 14 notification was made more than 7 days after the 15 perpetration of the crime, the applicant establishes that 16 the notice was timely under the circumstances. 17 (b-1) If, in lieu of a law enforcement report, the 18 applicant or victim has obtained an order of protection, a 19 civil no contact order, or a stalking no contact order, 20 has presented to a medical facility for medical care or 21 sexual assault evidence collection, has presented to a 22 mental health provider for an independent medical 23 evaluation, or is engaged in a legal proceeding involving 24 a claim that the applicant or victim is a victim of human 25 trafficking or law enforcement use of force, such action 26 shall constitute appropriate notification under this SB2361 - 70 - LRB104 03861 RLC 13885 b SB2361- 71 -LRB104 03861 RLC 13885 b SB2361 - 71 - LRB104 03861 RLC 13885 b SB2361 - 71 - LRB104 03861 RLC 13885 b 1 Section. 2 (b-2) For purposes of notification under this Act, a 3 victim who presents to a medical facility shall provide 4 information sufficient to fulfill the requirements of this 5 Section, except that the victim shall not be required to 6 identify the offender to the medical provider. 7 (b-3) An applicant who is filing a claim that a law 8 enforcement officer's use of force caused injury or death, 9 may fulfill the notification requirement by complying with 10 subsection (b), filing a complaint with the Illinois Law 11 Enforcement Training Standards Board, filing a lawsuit 12 against a law enforcement officer or department, or 13 presenting evidence that the victim has obtained a 14 settlement or a verdict in a civil suit. An application 15 filed by an individual presenting evidence of a verdict in 16 a civil suit must be filed within one year after the 17 resolution of the civil suit. 18 (b-4) An applicant may provide notification to a 19 mental health provider regarding physical injuries of the 20 victim or for victims of offenses defined in Sections 21 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 22 11-14.4, 12-3.2, 12-3.3, 12-3.4, 12-7.3, 12-7.4 of the 23 Criminal Code of 2012, psychological injuries resulting 24 from the commission of the crime for which the applicant 25 is filing an application. The provider shall perform an 26 independent medical evaluation and provide the provider's SB2361 - 71 - LRB104 03861 RLC 13885 b SB2361- 72 -LRB104 03861 RLC 13885 b SB2361 - 72 - LRB104 03861 RLC 13885 b SB2361 - 72 - LRB104 03861 RLC 13885 b 1 professional opinion as to whether the injuries claimed 2 are consistent with having resulted from the commission of 3 the crime for which the applicant is filing an 4 application. 5 Upon completion of the independent medical evaluation, 6 the mental health provider shall complete a certification 7 form, signed under oath. The form shall be provided by the 8 Office of the Attorney General and contain the following: 9 (1) The provider's name, title, license number and 10 place of employment. 11 (2) Contact information for the provider. 12 (3) The provider's relationship with the 13 applicant. 14 (4) The date the crime was reported to the 15 provider. 16 (5) The reported crime. 17 (6) The date and location of the crime. 18 (7) If there are physical injuries, what injuries 19 that the mental health provider can attest to being 20 present on the day of the reporting if they are 21 consistent with the crime reported to the provider. 22 (8) If there are psychological injuries, whether 23 the provider in his or her professional opinion 24 believes that the injuries presented on the day of the 25 reporting are consistent with the crime reported to 26 the provider. SB2361 - 72 - LRB104 03861 RLC 13885 b SB2361- 73 -LRB104 03861 RLC 13885 b SB2361 - 73 - LRB104 03861 RLC 13885 b SB2361 - 73 - LRB104 03861 RLC 13885 b 1 (9) A detailed summary of the incident, as 2 reported. 3 (10) Any documentation or photos that relate to 4 the crime of violence for which the applicant is 5 seeking reimbursement. 6 (c) Cooperation. The applicant has cooperated with law 7 enforcement officials in the apprehension and prosecution 8 of the assailant. If the applicant or victim has obtained 9 an order of protection, a civil no contact order, or a 10 stalking no contact order, has presented to a medical 11 facility for medical care or sexual assault evidence 12 collection, obtained an independent medical examination 13 from a mental health provider as described in subsection 14 (b-4), has taken any of the actions described in 15 subsection (b-3), or is engaged in a legal proceeding 16 involving a claim that the applicant or victim is a victim 17 of human trafficking, such action shall constitute 18 cooperation under this subsection (c). If the victim is 19 under 18 years of age at the time of the commission of the 20 offense, the following shall constitute cooperation under 21 this subsection (c): 22 (1) the applicant or the victim files a police 23 report with a law enforcement agency; 24 (2) a mandated reporter reports the crime to law 25 enforcement; or 26 (3) a person with firsthand knowledge of the crime SB2361 - 73 - LRB104 03861 RLC 13885 b SB2361- 74 -LRB104 03861 RLC 13885 b SB2361 - 74 - LRB104 03861 RLC 13885 b SB2361 - 74 - LRB104 03861 RLC 13885 b 1 reports the crime to law enforcement. 2 In evaluating cooperation, the Attorney General and 3 Court of Claims may consider the victim's age, physical 4 condition, psychological state, cultural or linguistic 5 barriers, and compelling health and safety concerns, 6 including, but not limited to, a reasonable fear of 7 retaliation or harm that would jeopardize the well-being 8 of the victim or the victim's family, and giving due 9 consideration to the degree of cooperation that the victim 10 or derivative victim is capable of in light of the 11 presence of any of these factors, or any other factor the 12 Attorney General considers relevant. 13 (d) If the applicant is not barred from receiving 14 compensation under Section 10.1. 15 (e) (Blank). 16 (f) (Blank). 17 (f-5) Notwithstanding any other provision of this Act 18 to the contrary, a trafficking victim as defined in 19 Section 10-9 of the Criminal Code of 2012 who is under 18 20 years of age is not subject to the filing requirements of 21 this Act and is not subject to the eligibility 22 requirements of this Act. 23 (g) (Blank). 24 The changes made to this Section by this amendatory Act of 25 the 101st General Assembly apply to actions commenced or 26 pending on or after January 1, 2022. SB2361 - 74 - LRB104 03861 RLC 13885 b SB2361- 75 -LRB104 03861 RLC 13885 b SB2361 - 75 - LRB104 03861 RLC 13885 b SB2361 - 75 - LRB104 03861 RLC 13885 b 1 (Source: P.A. 102-27, eff. 6-25-21; 103-1037, eff. 1-1-25.) SB2361- 76 -LRB104 03861 RLC 13885 b 1 INDEX 2 Statutes amended in order of appearance SB2361- 76 -LRB104 03861 RLC 13885 b SB2361 - 76 - LRB104 03861 RLC 13885 b 1 INDEX 2 Statutes amended in order of appearance SB2361- 76 -LRB104 03861 RLC 13885 b SB2361 - 76 - LRB104 03861 RLC 13885 b SB2361 - 76 - LRB104 03861 RLC 13885 b 1 INDEX 2 Statutes amended in order of appearance SB2361 - 75 - LRB104 03861 RLC 13885 b SB2361- 76 -LRB104 03861 RLC 13885 b SB2361 - 76 - LRB104 03861 RLC 13885 b SB2361 - 76 - LRB104 03861 RLC 13885 b 1 INDEX 2 Statutes amended in order of appearance SB2361 - 76 - LRB104 03861 RLC 13885 b