SB 697 is sponsored by Costa Howard, A. J. Wilhelmi, Edward J. Acevedo, Cynthia Soto, Charles E. Jefferson, Careen M Gordon, Naomi D. Jakobsson, Lisa M. Dugan, Arthur L. Turner, Michael K. Smith, Patrick J Verschoore, Dan Reitz, Brandon W. Phelps, Hernandez, Lisa, and Chapa LaVia.

Where can I track SB 697?

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Illinois 95th Regular Session Status: Enacted

SB 697 — CRIMINAL LAW-TECH

Last action August 31, 2007 — Public Act . . . . . . . . . 95-0579

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Introduced
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In Committee
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Passed Senate
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Passed House
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To Executive
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Enacted

This bill has been enacted into law. Introduced February 08, 2007. Enacted.

Prognosis

Likely to advance 80% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

Enacted

Current position in the legislative process.
15 sponsors

0 primary, 15 co-sponsors signed on.
Cleared a recorded vote

Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the sexual exploitation of children.

Bill Text

What changed in the latest version

1357 added · 799 removed

Plain-language change summary

The amendment to Bill SB 697 introduces new sections that establish clear penalties for individuals involved in crimes related to juvenile prostitution, child exploitation, and child pornography. Notably, it allows for the forfeiture of profits or property gained from these offenses, which means that offenders could lose any earnings or assets linked to their illegal activities. This change is important as it aims to deter such crimes by stripping away the financial incentives and holding offenders accountable for their actions.

SB0697 ~~Engrossed~~Enrolled LRB095 10951 RLC 31249 b AN ACT concerning criminal law.

(2) Any interest in, security of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that he or she has established, operated, controlled, or conducted in SB0697 ~~Engrossed~~Enrolled - 2 - LRB095 10951 RLC 31249 b violation of Section 11-17.1, 11-19.2, or 11-20.1, or 11-20.3 of this Code that the sentencing court determines, after a forfeiture hearing, to have been acquired or maintained as a result of keeping a place of juvenile prostitution, exploitation of a child, or child pornography, or aggravated child pornography.

(2) In any action brought by the People of the State of Illinois under this Section, wherein any restraining order, injunction or prohibition or any other action in connection with any property or interest subject to forfeiture under this Section is sought, the circuit court presiding over the trial of the person or persons charged with keeping a place of juvenile prostitution, SB0697 ~~Engrossed~~Enrolled - 3 - LRB095 10951 RLC 31249 b exploitation of a child or child pornography shall first determine whether there is probable cause to believe that the person or persons so charged have committed the offense of keeping a place of juvenile prostitution, exploitation of a child or child pornography and whether the property or interest is subject to forfeiture pursuant to this Section.

Upon such a finding, the circuit court SB0697 ~~Engrossed~~Enrolled - 4 - LRB095 10951 RLC 31249 b shall enter such restraining order, injunction or prohibition, or shall take such other action in connection with any such property or other interest subject to forfeiture, as is necessary to insure that such property is not removed from the jurisdiction of the court, concealed, destroyed or otherwise disposed of by the owner of that property or interest prior to a forfeiture hearing under this Section.

The court may release such property to the defendant or innocent owner or innocent bona fide third party lienholder who neither had knowledge of, nor SB0697 ~~Engrossed~~Enrolled - 5 - LRB095 10951 RLC 31249 b consented to, the illegal act or omission for good cause shown and within the sound discretion of the court.

and (2) One-half shall be deposited in the Violent Crime SB0697 ~~Engrossed~~Enrolled - 6 - LRB095 10951 RLC 31249 b Victims Assistance Fund.

or (iv) actually or by simulation portrayed as being the object of, or otherwise engaged in, any act of lewd fondling, touching, or caressing involving another SB0697 ~~Engrossed~~Enrolled - 7 - LRB095 10951 RLC 31249 b person or animal;

or (3) with knowledge of the subject matter or theme thereof, produces any stage play, live performance, film, videotape or other similar visual portrayal or depiction by computer which includes a child whom the person knows or reasonably should know to be under the age of 13 engaged in any activity described in subparagraphs (i) through (vii) SB0697 ~~Engrossed~~Enrolled - 8 - LRB095 10951 RLC 31249 b of paragraph (1) of this subsection;

or (6) with knowledge of the nature or content thereof, possesses any film, videotape, photograph or other similar visual reproduction or depiction by computer of any child whom the person knows or reasonably should know to be under the age of 13 engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of this SB0697 ~~Engrossed~~Enrolled - 9 - LRB095 10951 RLC 31249 b subsection;

(3) If the defendant possessed more than 3 of the same SB0697 ~~Engrossed~~Enrolled - 10 - LRB095 10951 RLC 31249 b film, videotape or visual reproduction or depiction by computer in which aggravated child pornography is depicted, then the trier of fact may infer that the defendant possessed such materials with the intent to disseminate them.

(3) A person who commits a violation of paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) where the defendant has previously been convicted under the laws of this State or any other state of the offense of child pornography, aggravated child pornography, aggravated criminal sexual abuse, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or any of the offenses formerly known as rape, deviate sexual assault, indecent liberties with a child, SB0697 ~~Engrossed~~Enrolled - 11 - LRB095 10951 RLC 31249 b or aggravated indecent liberties with a child where the victim was under the age of 18 years or an offense that is substantially equivalent to those offenses, is guilty of a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 9 years with a mandatory minimum fine of $2,000 and a maximum fine of $100,000.

(e) Any film, videotape, photograph or other similar visual reproduction or depiction by computer which includes a child under the age of 13 engaged in any activity described in SB0697 ~~Engrossed~~Enrolled - 12 - LRB095 10951 RLC 31249 b subparagraphs (i) through (vii) of paragraph (1) of subsection (a), and any material or equipment used or intended for use in photographing, filming, printing, producing, reproducing, manufacturing, projecting, exhibiting, depiction by computer, or disseminating such material shall be seized and forfeited in the manner, method and procedure provided by Section 36-1 of this Code for the seizure and forfeiture of vessels, vehicles and aircraft.

(1) "Disseminate" means (i) to sell, distribute, exchange or transfer possession, whether with or without consideration or (ii) to make a depiction by computer available for distribution or downloading through the facilities of any telecommunications network or through any other means of transferring computer programs or data SB0697 ~~Engrossed~~Enrolled - 13 - LRB095 10951 RLC 31249 b to a computer.

SB0697 ~~Engrossed~~Enrolled - 14 - LRB095 10951 RLC 31249 b (g) When a charge of aggravated child pornography is brought, the age of the child is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding the age in question.

The Unified Code of Corrections is amended by changing ~~Section~~Sections 3-3-7 and 5-5-3 and by adding Section 5-4-3.2 as follows:

(730 ILCS 5/3-3-7) (from Ch.

38, par.

1003-3-7) Sec.

3-3-7.

Conditions of Parole or Mandatory Supervised Release.

(a) The conditions of parole or mandatory supervised release shall be such as the Prisoner Review Board deems necessary to assist the subject in leading a law-abiding life.

The conditions of every parole and mandatory supervised release are that the subject:

(1) not violate any criminal statute of any jurisdiction during the parole or release term;

(2) refrain from possessing a firearm or other dangerous weapon;

(3) report to an agent of the Department of Corrections;

(4) permit the agent to visit him or her at his or her SB0697 Enrolled - 15 - LRB095 10951 RLC 31249 b home, employment, or elsewhere to the extent necessary for the agent to discharge his or her duties;

(5) attend or reside in a facility established for the instruction or residence of persons on parole or mandatory supervised release;

(6) secure permission before visiting or writing a committed person in an Illinois Department of Corrections facility;

(7) report all arrests to an agent of the Department of Corrections as soon as permitted by the arresting authority but in no event later than 24 hours after release from custody;

(7.5) if convicted of a sex offense as defined in the Sex Offender Management Board Act, the individual shall undergo and successfully complete sex offender treatment conducted in conformance with the standards developed by the Sex Offender Management Board Act by a treatment provider approved by the Board;

(7.6) if convicted of a sex offense as defined in the Sex Offender Management Board Act, refrain from residing at the same address or in the same condominium unit or apartment unit or in the same condominium complex or apartment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense;

the provisions of this paragraph do not apply to a person SB0697 Enrolled - 16 - LRB095 10951 RLC 31249 b convicted of a sex offense who is placed in a Department of Corrections licensed transitional housing facility for sex offenders, or is in any facility operated or licensed by the Department of Children and Family Services or by the Department of Human Services, or is in any licensed medical facility;

(7.7) if convicted for an offense that would qualify the accused as a sexual predator under the Sex Offender Registration Act on or after the effective date of this amendatory Act of the 94th General Assembly, wear an approved electronic monitoring device as defined in Section 5-8A-2 for the duration of the person’s parole, mandatory supervised release term, or extended mandatory supervised release term, provided funding is appropriated by the General Assembly;

(7.8) if convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code of 1961, consent to search of computers, PDAs, cellular phones, and other devices under his or her control that are capable of accessing the Internet or storing electronic files, in order to confirm Internet protocol addresses reported in accordance with the Sex Offender Registration Act and compliance with conditions in this Act;

(8) obtain permission of an agent of the Department of Corrections before leaving the State of Illinois;

(9) obtain permission of an agent of the Department of SB0697 Enrolled - 17 - LRB095 10951 RLC 31249 b Corrections before changing his or her residence or employment;

(10) consent to a search of his or her person, property, or residence under his or her control;

(11) refrain from the use or possession of narcotics or other controlled substances in any form, or both, or any paraphernalia related to those substances and submit to a urinalysis test as instructed by a parole agent of the Department of Corrections;

(12) not frequent places where controlled substances are illegally sold, used, distributed, or administered;

(13) not knowingly associate with other persons on parole or mandatory supervised release without prior written permission of his or her parole agent and not associate with persons who are members of an organized gang as that term is defined in the Illinois Streetgang Terrorism Omnibus Prevention Act;

Show all 270 changed lines (230 more)

(14) provide true and accurate information, as it relates to his or her adjustment in the community while on parole or mandatory supervised release or to his or her conduct while incarcerated, in response to inquiries by his or her parole agent or of the Department of Corrections;

(15) follow any specific instructions provided by the parole agent that are consistent with furthering conditions set and approved by the Prisoner Review Board or by law, exclusive of placement on electronic detention, to SB0697 Enrolled - 18 - LRB095 10951 RLC 31249 b achieve the goals and objectives of his or her parole or mandatory supervised release or to protect the public.

These instructions by the parole agent may be modified at any time, as the agent deems appropriate;

and (16) if convicted of a sex offense as defined in subsection (a-5) of Section 3-1-2 of this Code, unless the offender is a parent or guardian of the person under 18 years of age present in the home and no non-familial minors are present, not participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter.

(b) The Board may in addition to other conditions require that the subject:

(1) work or pursue a course of study or vocational training;

(2) undergo medical or psychiatric treatment, or treatment for drug addiction or alcoholism;

(3) attend or reside in a facility established for the instruction or residence of persons on probation or parole;

(4) support his dependents;

(5) (blank);

(6) (blank);

(7) comply with the terms and conditions of an order of SB0697 Enrolled - 19 - LRB095 10951 RLC 31249 b protection issued pursuant to the Illinois Domestic Violence Act of 1986, enacted by the 84th General Assembly, or an order of protection issued by the court of another state, tribe, or United States territory;

and (8) in addition, if a minor:

(i) reside with his parents or in a foster home;

(ii) attend school;

(iii) attend a non-residential program for youth;

or (iv) contribute to his own support at home or in a foster home.

(b-1) In addition to the conditions set forth in subsections (a) and (b), persons required to register as sex offenders pursuant to the Sex Offender Registration Act, upon release from the custody of the Illinois Department of Corrections, may be required by the Board to comply with the following specific conditions of release:

(1) reside only at a Department approved location;

(2) comply with all requirements of the Sex Offender Registration Act;

(3) notify third parties of the risks that may be occasioned by his or her criminal record;

(4) obtain the approval of an agent of the Department of Corrections prior to accepting employment or pursuing a course of study or vocational training and notify the Department prior to any change in employment, study, or SB0697 Enrolled - 20 - LRB095 10951 RLC 31249 b training;

(5) not be employed or participate in any volunteer activity that involves contact with children, except under circumstances approved in advance and in writing by an agent of the Department of Corrections;

(6) be electronically monitored for a minimum of 12 months from the date of release as determined by the Board;

(7) refrain from entering into a designated geographic area except upon terms approved in advance by an agent of the Department of Corrections.

The terms may include consideration of the purpose of the entry, the time of day, and others accompanying the person;

(8) refrain from having any contact, including written or oral communications, directly or indirectly, personally or by telephone, letter, or through a third party with certain specified persons including, but not limited to, the victim or the victim’s family without the prior written approval of an agent of the Department of Corrections;

(9) refrain from all contact, directly or indirectly, personally, by telephone, letter, or through a third party, with minor children without prior identification and approval of an agent of the Department of Corrections;

(10) neither possess or have under his or her control any material that is sexually oriented, sexually stimulating, or that shows male or female sex organs or any pictures depicting children under 18 years of age nude or SB0697 Enrolled - 21 - LRB095 10951 RLC 31249 b any written or audio material describing sexual intercourse or that depicts or alludes to sexual activity, including but not limited to visual, auditory, telephonic, or electronic media, or any matter obtained through access to any computer or material linked to computer access use;

(11) not patronize any business providing sexually stimulating or sexually oriented entertainment nor utilize "900" or adult telephone numbers;

(12) not reside near, visit, or be in or about parks, schools, day care centers, swimming pools, beaches, theaters, or any other places where minor children congregate without advance approval of an agent of the Department of Corrections and immediately report any incidental contact with minor children to the Department;

(13) not possess or have under his or her control certain specified items of contraband related to the incidence of sexually offending as determined by an agent of the Department of Corrections;

(14) may be required to provide a written daily log of activities if directed by an agent of the Department of Corrections;

(15) comply with all other special conditions that the Department may impose that restrict the person from high-risk situations and limit access to potential victims.

(c) The conditions under which the parole or mandatory SB0697 Enrolled - 22 - LRB095 10951 RLC 31249 b supervised release is to be served shall be communicated to the person in writing prior to his release, and he shall sign the same before release.

A signed copy of these conditions, including a copy of an order of protection where one had been issued by the criminal court, shall be retained by the person and another copy forwarded to the officer in charge of his supervision.

(d) After a hearing under Section 3-3-9, the Prisoner Review Board may modify or enlarge the conditions of parole or mandatory supervised release.

(e) The Department shall inform all offenders committed to the Department of the optional services available to them upon release and shall assist inmates in availing themselves of such optional services upon their release on a voluntary basis.

(Source:

P.A.

93-616, eff.

1-1-04;

93-865, eff.

1-1-05;

94-159, eff.

7-11-05;

94-161, eff.

7-11-05;

94-988, eff.

1-1-07.) (730 ILCS 5/5-4-3.2 new) Sec.

5-4-3.2.

Collection and storage of Internet protocol addresses.

(a) Cyber-crimes Location Database.

The Attorney General is hereby authorized to establish and maintain the "Illinois Cyber-crimes Location Database" (ICLD) to collect, store, and use Internet protocol (IP) addresses for purposes of investigating and prosecuting child exploitation crimes on the Internet.

SB0697 Enrolled - 23 - LRB095 10951 RLC 31249 b (b) "Internet protocol address" means the string of numbers by which a location on the Internet is identified by routers or other computers connected to the Internet.

(1) Collection upon commitment under the Sexually Dangerous Persons Act.

Upon motion for a defendant’s confinement under the Sexually Dangerous Persons Act for criminal charges under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code of 1961, the State’s Attorney or Attorney General shall record all Internet protocol (IP) addresses which the defendant may access from his or her residence or place of employment, registered in his or her name, or otherwise has under his or her control or custody.

(2) Collection upon conviction.

Upon conviction for crimes under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code of 1961, a State’s Attorney shall record from defendants all Internet protocol (IP) addresses which the defendant may access from his or her residence or place of employment, registered in his or her name, or otherwise has under his or her control or custody, regardless of the sentence or disposition imposed.

(d) Storage and use of the Database.

Internet protocol (IP) addresses recorded pursuant to this Section shall be submitted to the Attorney General for storage and use in the Illinois Cyber-crimes Location Database.

The Attorney General and its designated agents may access the database for the purpose of SB0697 Enrolled - 24 - LRB095 10951 RLC 31249 b investigation and prosecution of crimes listed in this Section.

In addition, the Attorney General is authorized to share information stored in the database with the National Center for Missing and Exploited Children (NCMEC) and any federal, state, or local law enforcement agencies for the investigation or prosecution of child exploitation crimes.

(5) An order directing the offender to clean up and repair the damage, if the offender was convicted under paragraph (h) of Section 21-1 of the Criminal Code of 1961 ~~SB0697~~ ~~Engrossed~~ - 15 - ~~LRB095~~ ~~10951~~ ~~RLC~~ ~~31249~~ b (now repealed).

(7) An order directing the offender to make restitution SB0697 Enrolled - 25 - LRB095 10951 RLC 31249 b to the victim under Section 5-5-6 of this Code.

(A) First degree murder where the death penalty is ~~SB0697~~ ~~Engrossed~~ - 16 - ~~LRB095~~ ~~10951~~ ~~RLC~~ ~~31249~~ b not imposed.

SB0697 Enrolled - 26 - LRB095 10951 RLC 31249 b (D) A violation of Section 401.1 or 407 of the Illinois Controlled Substances Act, or a violation of subdivision (c)(1) or (c)(2) of Section 401 of that Act which relates to more than 5 grams of a substance containing heroin or cocaine or an analog thereof.

~~SB0697~~ ~~Engrossed~~ - 17 - ~~LRB095~~ ~~10951~~ ~~RLC~~ ~~31249~~ b Before July 1, 1994, for the purposes of this paragraph, "organized gang" means an association of 5 or more persons, with an established hierarchy, that SB0697 Enrolled - 27 - LRB095 10951 RLC 31249 b encourages members of the association to perpetrate crimes or provides support to the members of the association who do commit crimes.

~~SB0697~~ ~~Engrossed~~ - 18 - ~~LRB095~~ ~~10951~~ ~~RLC~~ ~~31249~~ b (Q) A violation of Section 20-1.2 or 20-1.3 of the Criminal Code of 1961.

(R) A violation of Section 24-3A of the Criminal SB0697 Enrolled - 28 - LRB095 10951 RLC 31249 b Code of 1961.

(4.4) Except as provided in paragraph (4.5) and paragraph (4.6) of this subsection (c), a minimum term of imprisonment of 30 days or 300 hours of community service, ~~SB0697~~ ~~Engrossed~~ - 19 - ~~LRB095~~ ~~10951~~ ~~RLC~~ ~~31249~~ b as determined by the court, shall be imposed for a third or subsequent violation of Section 6-303 of the Illinois Vehicle Code.

SB0697 Enrolled - 29 - LRB095 10951 RLC 31249 b (4.5) A minimum term of imprisonment of 30 days shall be imposed for a third violation of subsection (c) of Section 6-303 of the Illinois Vehicle Code.

(5.2) In addition to any penalties imposed under ~~SB0697~~ ~~Engrossed~~ - 20 - ~~LRB095~~ ~~10951~~ ~~RLC~~ ~~31249~~ b paragraph (5) of this subsection (c), and except as provided in paragraph (5.3), a person convicted of violating subsection (c) of Section 11-907 of the Illinois SB0697 Enrolled - 30 - LRB095 10951 RLC 31249 b Vehicle Code shall have his or her driver’s license, permit, or privileges suspended for at least 180 days but not more than 2 years, if the violation resulted in injury to another person.

(5.5) In addition to any penalties imposed under paragraph (5) of this subsection (c), a person convicted of violating Section 3-707 of the Illinois Vehicle Code during a period in which his or her driver’s license, permit, or privileges were suspended for a previous violation of that Section shall have his or her driver’s license, permit, or privileges suspended for an additional 6 months after the ~~SB0697~~ ~~Engrossed~~ - 21 - ~~LRB095~~ ~~10951~~ ~~RLC~~ ~~31249~~ b expiration of the original 3-month suspension and until he or she has paid a reinstatement fee of $100.

(6) In no case shall an offender be eligible for a SB0697 Enrolled - 31 - LRB095 10951 RLC 31249 b disposition of probation or conditional discharge for a Class 1 felony committed while he was serving a term of probation or conditional discharge for a felony.

~~SB0697~~ ~~Engrossed~~ - 22 - ~~LRB095~~ ~~10951~~ ~~RLC~~ ~~31249~~ b (9) A defendant convicted of a second or subsequent offense of ritualized abuse of a child may be sentenced to a term of natural life imprisonment.

SB0697 Enrolled - 32 - LRB095 10951 RLC 31249 b (10) (Blank).

~~SB0697~~ ~~Engrossed~~ - 23 - ~~LRB095~~ ~~10951~~ ~~RLC~~ ~~31249~~ b (d) In any case in which a sentence originally imposed is vacated, the case shall be remanded to the trial court.

The trial court shall hold a hearing under Section 5-4-1 of the SB0697 Enrolled - 33 - LRB095 10951 RLC 31249 b Unified Code of Corrections which may include evidence of the defendant’s life, moral character and occupation during the time since the original sentence was passed.

(A) the defendant is willing to undergo a court ~~SB0697~~ ~~Engrossed~~ - 24 - ~~LRB095~~ ~~10951~~ ~~RLC~~ ~~31249~~ b approved counseling program for a minimum duration of 2 years;

or (B) the defendant is willing to participate in a SB0697 Enrolled - 34 - LRB095 10951 RLC 31249 b court approved plan including but not limited to the defendant’s:

except where the court determines at the hearing that the defendant violated a condition of his or her probation restricting contact with the victim or other family members or commits another offense with the victim or other family members, the court shall revoke the defendant’s probation and ~~SB0697~~ ~~Engrossed~~ - 25 - ~~LRB095~~ ~~10951~~ ~~RLC~~ ~~31249~~ b impose a term of imprisonment.

For the purposes of this Section, "family member" and "victim" shall have the meanings ascribed to them in Section SB0697 Enrolled - 35 - LRB095 10951 RLC 31249 b 12-12 of the Criminal Code of 1961.

Acting in accordance with the best interests of the victim and the public, the judge shall have the discretion to ~~SB0697~~ ~~Engrossed~~ - 26 - ~~LRB095~~ ~~10951~~ ~~RLC~~ ~~31249~~ b determine to whom, if anyone, the results of the testing may be revealed.

The court shall also notify the victim if requested by SB0697 Enrolled - 36 - LRB095 10951 RLC 31249 b the victim, and if the victim is under the age of 15 and if requested by the victim’s parents or legal guardian, the court shall notify the victim’s parents or legal guardian of the test results.

Acting in accordance with the ~~SB0697~~ ~~Engrossed~~ - 27 - ~~LRB095~~ ~~10951~~ ~~RLC~~ ~~31249~~ b best interests of those in the courtroom, the judge shall have the discretion to determine what if any precautions need to be taken to prevent transmission of the disease in the courtroom.

SB0697 Enrolled - 37 - LRB095 10951 RLC 31249 b (h) Whenever a defendant is convicted of an offense under Section 1 or 2 of the Hypodermic Syringes and Needles Act, the defendant shall undergo medical testing to determine whether the defendant has been exposed to human immunodeficiency virus (HIV) or any other identified causative agent of acquired immunodeficiency syndrome (AIDS).

A State’s Attorney may petition the court to obtain the results of any HIV test administered under this Section, and the court shall grant the disclosure if the ~~SB0697~~ ~~Engrossed~~ - 28 - ~~LRB095~~ ~~10951~~ ~~RLC~~ ~~31249~~ b State’s Attorney shows it is relevant in order to prosecute a charge of criminal transmission of HIV under Section 12-16.2 of the Criminal Code of 1961 against the defendant.

The court SB0697 Enrolled - 38 - LRB095 10951 RLC 31249 b shall order that the cost of any such test shall be paid by the county and may be taxed as costs against the convicted defendant.

(j) In cases when prosecution for any violation of Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961, any violation of the Illinois Controlled Substances Act, any violation of the Cannabis Control Act, or any violation of the Methamphetamine Control and Community Protection Act results in conviction, a disposition of court supervision, or an order of probation granted under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substance Act, or Section 70 of the Methamphetamine Control and Community Protection Act of a defendant, the court shall determine whether the defendant is employed by a facility ~~SB0697~~ ~~Engrossed~~ - 29 - ~~LRB095~~ ~~10951~~ ~~RLC~~ ~~31249~~ b or center as defined under the Child Care Act of 1969, a public or private elementary or secondary school, or otherwise works with children under 18 years of age on a daily basis.

When a SB0697 Enrolled - 39 - LRB095 10951 RLC 31249 b defendant is so employed, the court shall order the Clerk of the Court to send a copy of the judgment of conviction or order of supervision or probation to the defendant’s employer by certified mail.

If a defendant fails to complete the educational training required by his or her sentence during the term of incarceration, the Prisoner Review Board shall, as a condition of mandatory supervised release, require the ~~SB0697~~ ~~Engrossed~~ - 30 - ~~LRB095~~ ~~10951~~ ~~RLC~~ ~~31249~~ b defendant, at his or her own expense, to pursue a course of study toward a high school diploma or passage of the GED test.

The Prisoner Review Board shall revoke the mandatory supervised SB0697 Enrolled - 40 - LRB095 10951 RLC 31249 b release of a defendant who wilfully fails to comply with this subsection (j-5) upon his or her release from confinement in a penal institution while serving a mandatory supervised release term;

(l) (A) Except as provided in paragraph (C) of subsection (l), whenever a defendant, who is an alien as defined by the Immigration and Nationality Act, is convicted of any felony or misdemeanor offense, the court after sentencing the defendant may, upon motion of the State’s Attorney, ~~SB0697~~ ~~Engrossed~~ - 31 - ~~LRB095~~ ~~10951~~ ~~RLC~~ ~~31249~~ b hold sentence in abeyance and remand the defendant to the custody of the Attorney General of the United States or his or her designated agent to be deported when:

SB0697 Enrolled - 41 - LRB095 10951 RLC 31249 b (1) a final order of deportation has been issued against the defendant pursuant to proceedings under the Immigration and Nationality Act, and (2) the deportation of the defendant would not deprecate the seriousness of the defendant’s conduct and would not be inconsistent with the ends of justice.

~~SB0697~~ ~~Engrossed~~ - 32 - ~~LRB095~~ ~~10951~~ ~~RLC~~ ~~31249~~ b (C) This subsection (l) does not apply to offenders who are subject to the provisions of paragraph (2) of subsection (a) of Section 3-6-3.

SB0697 Enrolled - 42 - LRB095 10951 RLC 31249 b (D) Upon motion of the State’s Attorney, if a defendant sentenced under this Section returns to the jurisdiction of the United States, the defendant shall be recommitted to the custody of the county from which he or she was sentenced.

(n) The court may sentence a person convicted of a violation of Section 12-19, 12-21, or 16-1.3 of the Criminal Code of 1961 (i) to an impact incarceration program if the person is otherwise eligible for that program under Section 5-8-1.1, (ii) to community service, or (iii) if the person is an addict or alcoholic, as defined in the Alcoholism and Other Drug Abuse and Dependency Act, to a substance or alcohol abuse ~~SB0697~~ ~~Engrossed~~ - 33 - ~~LRB095~~ ~~10951~~ ~~RLC~~ ~~31249~~ b program licensed under that Act.

(o) Whenever a person is convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act, the SB0697 Enrolled - 43 - LRB095 10951 RLC 31249 b defendant’s driver’s license or permit shall be subject to renewal on an annual basis in accordance with the provisions of license renewal established by the Secretary of State.

The Sex Offender Registration Act is amended by changing Section 22, 3, 8-5, and 10 as follows:

(a) is convicted of such offense or an attempt to ~~SB0697~~ ~~Engrossed~~ - 34 - ~~LRB095~~ ~~10951~~ ~~RLC~~ ~~31249~~ b commit such offense;

or SB0697 Enrolled - 44 - LRB095 10951 RLC 31249 b (c) is found not guilty by reason of insanity pursuant to Section 104-25(c) of the Code of Criminal Procedure of 1963 of such offense or an attempt to commit such offense;

or ~~SB0697~~ ~~Engrossed~~ - 35 - ~~LRB095~~ ~~10951~~ ~~RLC~~ ~~31249~~ b (2) certified as a sexually dangerous person pursuant to the Illinois Sexually Dangerous Persons Act, or any substantially similar federal, Uniform Code of Military SB0697 Enrolled - 45 - LRB095 10951 RLC 31249 b Justice, sister state, or foreign country law;

Convictions that result from or are connected with the same act, or result from offenses committed at the same time, shall ~~SB0697~~ ~~Engrossed~~ - 36 - ~~LRB095~~ ~~10951~~ ~~RLC~~ ~~31249~~ b be counted for the purpose of this Article as one conviction.

SB0697 Enrolled - 46 - LRB095 10951 RLC 31249 b For purposes of this Section, "convicted" shall have the same meaning as "adjudicated".

11-20.1 (child pornography), 11-20.3 (aggravated child pornography), 11-6 (indecent solicitation of a child), 11-9.1 (sexual exploitation of a child), 11-9.2 (custodial sexual misconduct), 11-9.5 (sexual misconduct with a person with a disability), 11-15.1 (soliciting for a juvenile prostitute), 11-18.1 (patronizing a juvenile prostitute), 11-17.1 (keeping a place of juvenile prostitution), ~~SB0697~~ ~~Engrossed~~ - 37 - ~~LRB095~~ ~~10951~~ ~~RLC~~ ~~31249~~ b 11-19.1 (juvenile pimping), 11-19.2 (exploitation of a child), 12-13 (criminal sexual assault), SB0697 Enrolled - 47 - LRB095 10951 RLC 31249 b 12-14 (aggravated criminal sexual assault), 12-14.1 (predatory criminal sexual assault of a child), 12-15 (criminal sexual abuse), 12-16 (aggravated criminal sexual abuse), 12-33 (ritualized abuse of a child).

~~SB0697~~ ~~Engrossed~~ - 38 - ~~LRB095~~ ~~10951~~ ~~RLC~~ ~~31249~~ b (1.7) (Blank).

(1.8) A violation or attempted violation of Section 11-11 (sexual relations within families) of the Criminal SB0697 Enrolled - 48 - LRB095 10951 RLC 31249 b Code of 1961, and the offense was committed on or after June 1, 1997.

10-4 (forcible detention, if the victim is under 18 years of age), provided the offense was sexually motivated as defined in Section 10 of the Sex Offender Management Board Act, 11-6.5 (indecent solicitation of an adult), 11-15 (soliciting for a prostitute, if the victim is under 18 years of age), 11-16 (pandering, if the victim is under 18 years of age), ~~SB0697~~ ~~Engrossed~~ - 39 - ~~LRB095~~ ~~10951~~ ~~RLC~~ ~~31249~~ b 11-18 (patronizing a prostitute, if the victim is under 18 years of age), 11-19 (pimping, if the victim is under 18 years of SB0697 Enrolled - 49 - LRB095 10951 RLC 31249 b age).

A finding or adjudication as a sexually dangerous person or a sexually violent person under any federal law, Uniform Code of Military Justice, or the law of another state or foreign country that is substantially equivalent to the Sexually Dangerous Persons Act or the Sexually Violent Persons Commitment Act shall constitute an adjudication for the ~~SB0697~~ ~~Engrossed~~ - 40 - ~~LRB095~~ ~~10951~~ ~~RLC~~ ~~31249~~ b purposes of this Article.

(C-5) A person at least 17 years of age at the time of the commission of the offense who is convicted of first degree SB0697 Enrolled - 50 - LRB095 10951 RLC 31249 b murder under Section 9-1 of the Criminal Code of 1961, against a person under 18 years of age, shall be required to register for natural life.

~~SB0697~~ ~~Engrossed~~ - 41 - ~~LRB095~~ ~~10951~~ ~~RLC~~ ~~31249~~ b (D-1) As used in this Article, "supervising officer" means the assigned Illinois Department of Corrections parole agent or county probation officer.

SB0697 Enrolled - 51 - LRB095 10951 RLC 31249 b (E) As used in this Article, "sexual predator" means any person who, after July 1, 1999, is:

11-17.1 (keeping a place of juvenile prostitution), 11-19.1 (juvenile pimping), 11-19.2 (exploitation of a child), 11-20.1 (child pornography), 11-20.3 (aggravated child pornography), 12-13 (criminal sexual assault), 12-14 (aggravated criminal sexual assault), 12-14.1 (predatory criminal sexual assault of a child), 12-16 (aggravated criminal sexual abuse), 12-33 (ritualized abuse of a child);

or (3) certified as a sexually dangerous person pursuant ~~SB0697~~ ~~Engrossed~~ - 42 - ~~LRB095~~ ~~10951~~ ~~RLC~~ ~~31249~~ b to the Sexually Dangerous Persons Act or any substantially similar federal, Uniform Code of Military Justice, sister SB0697 Enrolled - 52 - LRB095 10951 RLC 31249 b state, or foreign country law;

(G) As used in this Article, "out-of-state employee" means any sex offender, as defined in this Section, or sexual predator who works in Illinois, regardless of whether the individual receives payment for services performed, for a period of time of 10 or more days or for an aggregate period of ~~SB0697~~ ~~Engrossed~~ - 43 - ~~LRB095~~ ~~10951~~ ~~RLC~~ ~~31249~~ b time of 30 or more days during any calendar year.

Persons who operate motor vehicles in the State accrue one day of SB0697 Enrolled - 53 - LRB095 10951 RLC 31249 b employment time for any portion of a day spent in Illinois.

(J) As used in this Article, "Internet protocol address" means the string of numbers by which a location on the Internet is identified by routers or other computers connected to the Internet.

revised 8-3-06.) (730 ILCS 150/3) (from Ch.

38, par.

223) Sec.

Duty to register.

(a) A sex offender, as defined in Section 2 of this Act, or sexual predator shall, within the time period prescribed in subsections (b) and (c), register in person and provide accurate information as required by the Department of State Police.

Such information shall include a current photograph, current address, current place of employment, the employer’s telephone number, school attended, extensions of the time period for registering as provided in this Article and, if an SB0697 Enrolled - 54 - LRB095 10951 RLC 31249 b extension was granted, the reason why the extension was granted and the date the sex offender was notified of the extension.

The information shall also include the county of conviction, license plate numbers for every vehicle registered in the name of the sex offender, the age of the sex offender at the time of the commission of the offense, the age of the victim at the time of the commission of the offense, and any distinguishing marks located on the body of the sex offender.

A sex offender convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code of 1961 shall provide all Internet protocol (IP) addresses in his or her residence, registered in his or her name, accessible at his or her place of employment, or otherwise under his or her control or custody.

A person who has been adjudicated a juvenile delinquent for an act which, if committed by an adult, would be a sex offense shall register as an adult sex offender within 10 days after attaining 17 years of age.

The sex offender or sexual predator shall register:

(1) with the chief of police in the municipality in which he or she resides or is temporarily domiciled for a period of time of 5 or more days, unless the municipality is the City of Chicago, in which case he or she shall register at the Chicago Police Department Headquarters;

or (2) with the sheriff in the county in which he or she resides or is temporarily domiciled for a period of time of 5 or more days in an unincorporated area or, if incorporated, no police chief exists.

SB0697 Enrolled - 55 - LRB095 10951 RLC 31249 b If the sex offender or sexual predator is employed at or attends an institution of higher education, he or she shall register:

(i) with the chief of police in the municipality in which he or she is employed at or attends an institution of higher education, unless the municipality is the City of Chicago, in which case he or she shall register at the Chicago Police Department Headquarters;

or (ii) with the sheriff in the county in which he or she is employed or attends an institution of higher education located in an unincorporated area, or if incorporated, no police chief exists.

For purposes of this Article, the place of residence or temporary domicile is defined as any and all places where the sex offender resides for an aggregate period of time of 5 or more days during any calendar year.

Any person required to register under this Article who lacks a fixed address or temporary domicile must notify, in person, the agency of jurisdiction of his or her last known address within 5 days after ceasing to have a fixed residence.

Any person who lacks a fixed residence must report weekly, in person, with the sheriff’s office of the county in which he or she is located in an unincorporated area, or with the chief of police in the municipality in which he or she is located.

The agency of jurisdiction will document each weekly registration to include all the locations where the person has SB0697 Enrolled - 56 - LRB095 10951 RLC 31249 b stayed during the past 7 days.

The sex offender or sexual predator shall provide accurate information as required by the Department of State Police.

That information shall include the sex offender’s or sexual predator’s current place of employment.

(a-5) An out-of-state student or out-of-state employee shall, within 5 days after beginning school or employment in this State, register in person and provide accurate information as required by the Department of State Police.

Such information will include current place of employment, school attended, and address in state of residence.

The out-of-state student or out-of-state employee shall register:

(1) with the chief of police in the municipality in which he or she attends school or is employed for a period of time of 5 or more days or for an aggregate period of time of more than 30 days during any calendar year, unless the municipality is the City of Chicago, in which case he or she shall register at the Chicago Police Department Headquarters;

or (2) with the sheriff in the county in which he or she attends school or is employed for a period of time of 5 or SB0697 Enrolled - 57 - LRB095 10951 RLC 31249 b more days or for an aggregate period of time of more than 30 days during any calendar year in an unincorporated area or, if incorporated, no police chief exists.

The out-of-state student or out-of-state employee shall provide accurate information as required by the Department of State Police.

That information shall include the out-of-state student’s current place of school attendance or the out-of-state employee’s current place of employment.

(a-10) Any law enforcement agency registering sex offenders or sexual predators in accordance with subsections (a) or (a-5) of this Section shall forward to the Attorney General a copy of sex offender registration forms from persons convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code of 1961, including periodic and annual registrations under Section 6 of this Act.

(b) Any sex offender, as defined in Section 2 of this Act, or sexual predator, regardless of any initial, prior, or other registration, shall, within 5 days of beginning school, or establishing a residence, place of employment, or temporary domicile in any county, register in person as set forth in subsection (a) or (a-5).

(1) Any person registered under the Habitual Child Sex Offender Registration Act or the Child Sex Offender Registration Act prior to January 1, 1996, shall be deemed SB0697 Enrolled - 58 - LRB095 10951 RLC 31249 b initially registered as of January 1, 1996;

however, this shall not be construed to extend the duration of registration set forth in Section 7.

(2) Except as provided in subsection (c)(4), any person convicted or adjudicated prior to January 1, 1996, whose liability for registration under Section 7 has not expired, shall register in person prior to January 31, 1996.

(2.5) Except as provided in subsection (c)(4), any person who has not been notified of his or her responsibility to register shall be notified by a criminal justice entity of his or her responsibility to register.

Upon notification the person must then register within 5 days of notification of his or her requirement to register.

If notification is not made within the offender’s 10 year registration requirement, and the Department of State Police determines no evidence exists or indicates the offender attempted to avoid registration, the offender will no longer be required to register under this Act.

(3) Except as provided in subsection (c)(4), any person convicted on or after January 1, 1996, shall register in person within 5 days after the entry of the sentencing order based upon his or her conviction.

(4) Any person unable to comply with the registration requirements of this Article because he or she is confined, institutionalized, or imprisoned in Illinois on or after January 1, 1996, shall register in person within 5 days of SB0697 Enrolled - 59 - LRB095 10951 RLC 31249 b discharge, parole or release.

(5) The person shall provide positive identification and documentation that substantiates proof of residence at the registering address.

(6) The person shall pay a $20 initial registration fee and a $10 annual renewal fee.

The fees shall be used by the registering agency for official purposes.

The agency shall establish procedures to document receipt and use of the funds.

The law enforcement agency having jurisdiction may waive the registration fee if it determines that the person is indigent and unable to pay the registration fee.

Ten dollars for the initial registration fee and $5 of the annual renewal fee shall be used by the registering agency for official purposes.

Ten dollars of the initial registration fee and $5 of the annual fee shall be deposited into the Sex Offender Management Board Fund under Section 19 of the Sex Offender Management Board Act.

Money deposited into the Sex Offender Management Board Fund shall be administered by the Sex Offender Management Board and shall be used to fund practices endorsed or required by the Sex Offender Management Board Act including but not limited to sex offenders evaluation, treatment, or monitoring programs that are or may be developed, as well as for administrative costs, including staff, incurred by the Board.

(d) Within 5 days after obtaining or changing employment SB0697 Enrolled - 60 - LRB095 10951 RLC 31249 b and, if employed on January 1, 2000, within 5 days after that date, a person required to register under this Section must report, in person to the law enforcement agency having jurisdiction, the business name and address where he or she is employed.

If the person has multiple businesses or work locations, every business and work location must be reported to the law enforcement agency having jurisdiction.

(Source:

P.A.

93-616, eff.

1-1-04;

93-979, eff.

8-20-04;

94-166, eff.

1-1-06;

94-168, eff.

1-1-06;

94-994, eff.

1-1-07.) (730 ILCS 150/8-5) Sec.

8-5.

Verification requirements.

(a) Address verification.

The agency having jurisdiction shall verify the address of sex offenders, as defined in Section 2 of this Act, or sexual predators required to register with their agency at least once per year.

The verification must be documented in LEADS in the form and manner required by the Department of State Police.

(a-5) Internet Protocol address verification.

The agency having jurisdiction may verify the Internet protocol (IP) address of sex offenders, as defined in Section 2 of this Act, who are required to register with their agency under Section 3 of this Act.

A copy of any such verification must be sent to the Attorney General for entrance in the Illinois Cyber-crimes Location Database pursuant to Section 5-4-3.2 of the Unified Code of Corrections.

SB0697 Enrolled - 61 - LRB095 10951 RLC 31249 b (b) Registration verification.

The supervising officer shall, within 15 days of sentencing to probation or release from an Illinois Department of Corrections facility, contact the law enforcement agency in the jurisdiction in which the sex offender or sexual predator designated as his or her intended residence and verify compliance with the requirements of this Act.

Revocation proceedings shall be immediately commenced against a sex offender or sexual predator on probation, parole, or mandatory supervised release who fails to comply with the requirements of this Act.

(c) In an effort to ensure that sexual predators and sex offenders who fail to respond to address-verification attempts or who otherwise abscond from registration are located in a timely manner, the Department of State Police shall share information with local law enforcement agencies.

The Department shall use analytical resources to assist local law enforcement agencies to determine the potential whereabouts of any sexual predator or sex offender who fails to respond to address-verification attempts or who otherwise absconds from registration.

The Department shall review and analyze all available information concerning any such predator or offender who fails to respond to address-verification attempts or who otherwise absconds from registration and provide the information to local law enforcement agencies in order to assist the agencies in locating and apprehending the sexual predator or sex offender.

SB0697 Enrolled - 62 - LRB095 10951 RLC 31249 b (Source:

P.A.

93-979, eff.

8-20-04;

94-988, eff.

1-1-07.) (730 ILCS 150/10) (from Ch.

38, par.

230) Sec.

10.

Penalty.

(a) Any person who is required to register under this Article who violates any of the provisions of this Article and any person who is required to register under this Article who seeks to change his or her name under Article 21 of the Code of Civil Procedure is guilty of a Class 3 felony.

Any person who is convicted for a violation of this Act for a second or subsequent time is guilty of a Class 2 felony.

Any person who is required to register under this Article who knowingly or wilfully gives material information required by this Article that is false is guilty of a Class 3 felony.

Any person convicted of a violation of any provision of this Article shall, in addition to any other penalty required by law, be required to serve a minimum period of 7 days confinement in the local county jail.

The court shall impose a mandatory minimum fine of $500 for failure to comply with any provision of this Article.

These fines shall be deposited in the Sex Offender Registration Fund.

Any sex offender, as defined in Section 2 of this Act, or sexual predator who violates any provision of this Article may be arrested and tried in any Illinois county where the sex offender can be located.

The local police department or sheriff’s office is not required to determine whether the person is living within its jurisdiction.

SB0697 Enrolled - 63 - LRB095 10951 RLC 31249 b (b) Any person, not covered by privilege under Part 8 of Article VIII of the Code of Civil Procedure or the Illinois Supreme Court’s Rules of Professional Conduct, who has reason to believe that a sexual predator is not complying, or has not complied, with the requirements of this Article and who, with the intent to assist the sexual predator in eluding a law enforcement agency that is seeking to find the sexual predator to question the sexual predator about, or to arrest the sexual predator for, his or her noncompliance with the requirements of this Article is guilty of a Class 3 felony if he or she:

(1) provides false information to the law enforcement agency having jurisdiction about the sexual predator’s noncompliance with the requirements of this Article, and, if known, the whereabouts of the sexual predator;

(2) harbors, or attempts to harbor, or assists another person in harboring or attempting to harbor, the sexual predator;

or (3) conceals or attempts to conceal, or assists another person in concealing or attempting to conceal, the sexual predator.

(c) Subsection (b) does not apply if the sexual predator is incarcerated in or is in the custody of a State correctional facility, a private correctional facility, a county or municipal jail, a State mental health facility or a State treatment and detention facility, or a federal correctional facility.

SB0697 Enrolled - 64 - LRB095 10951 RLC 31249 b (d) Subsections (a) and (b) do not apply if the sex offender accurately registered his or her Internet protocol address under this Act, and the address subsequently changed without his or her knowledge or intent.

(Source:

P.A.

93-979, eff.

8-20-04;

94-168, eff.

1-1-06;

94-988, eff.

1-1-07.) Section 99.

Effective date.

This Section and Section 5-4-3.2 of the Unified Code of Corrections take effect upon becoming law.

Latest

SB0697 ~~Engrossed~~ LRB095 10951 RLC 31249 b AN ACT concerning criminal law.

SB0697 Enrolled LRB095 10951 RLC 31249 b AN ACT concerning criminal law.

(2) Any interest in, security of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that he or she has established, operated, controlled, or conducted in SB0697 ~~Engrossed~~ - 2 - LRB095 10951 RLC 31249 b violation of Section 11-17.1, 11-19.2, or 11-20.1, or 11-20.3 of this Code that the sentencing court determines, after a forfeiture hearing, to have been acquired or maintained as a result of keeping a place of juvenile prostitution, exploitation of a child, or child pornography, or aggravated child pornography.

(2) Any interest in, security of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that he or she has established, operated, controlled, or conducted in SB0697 Enrolled - 2 - LRB095 10951 RLC 31249 b violation of Section 11-17.1, 11-19.2, or 11-20.1, or 11-20.3 of this Code that the sentencing court determines, after a forfeiture hearing, to have been acquired or maintained as a result of keeping a place of juvenile prostitution, exploitation of a child, or child pornography, or aggravated child pornography.

(2) In any action brought by the People of the State of Illinois under this Section, wherein any restraining order, injunction or prohibition or any other action in connection with any property or interest subject to forfeiture under this Section is sought, the circuit court presiding over the trial of the person or persons charged with keeping a place of juvenile prostitution, SB0697 ~~Engrossed~~ - 3 - LRB095 10951 RLC 31249 b exploitation of a child or child pornography shall first determine whether there is probable cause to believe that the person or persons so charged have committed the offense of keeping a place of juvenile prostitution, exploitation of a child or child pornography and whether the property or interest is subject to forfeiture pursuant to this Section.

(2) In any action brought by the People of the State of Illinois under this Section, wherein any restraining order, injunction or prohibition or any other action in connection with any property or interest subject to forfeiture under this Section is sought, the circuit court presiding over the trial of the person or persons charged with keeping a place of juvenile prostitution, SB0697 Enrolled - 3 - LRB095 10951 RLC 31249 b exploitation of a child or child pornography shall first determine whether there is probable cause to believe that the person or persons so charged have committed the offense of keeping a place of juvenile prostitution, exploitation of a child or child pornography and whether the property or interest is subject to forfeiture pursuant to this Section.

Upon such a finding, the circuit court SB0697 ~~Engrossed~~ - 4 - LRB095 10951 RLC 31249 b shall enter such restraining order, injunction or prohibition, or shall take such other action in connection with any such property or other interest subject to forfeiture, as is necessary to insure that such property is not removed from the jurisdiction of the court, concealed, destroyed or otherwise disposed of by the owner of that property or interest prior to a forfeiture hearing under this Section.

Upon such a finding, the circuit court SB0697 Enrolled - 4 - LRB095 10951 RLC 31249 b shall enter such restraining order, injunction or prohibition, or shall take such other action in connection with any such property or other interest subject to forfeiture, as is necessary to insure that such property is not removed from the jurisdiction of the court, concealed, destroyed or otherwise disposed of by the owner of that property or interest prior to a forfeiture hearing under this Section.

The court may release such property to the defendant or innocent owner or innocent bona fide third party lienholder who neither had knowledge of, nor SB0697 ~~Engrossed~~ - 5 - LRB095 10951 RLC 31249 b consented to, the illegal act or omission for good cause shown and within the sound discretion of the court.

The court may release such property to the defendant or innocent owner or innocent bona fide third party lienholder who neither had knowledge of, nor SB0697 Enrolled - 5 - LRB095 10951 RLC 31249 b consented to, the illegal act or omission for good cause shown and within the sound discretion of the court.

and (2) One-half shall be deposited in the Violent Crime SB0697 ~~Engrossed~~ - 6 - LRB095 10951 RLC 31249 b Victims Assistance Fund.

and (2) One-half shall be deposited in the Violent Crime SB0697 Enrolled - 6 - LRB095 10951 RLC 31249 b Victims Assistance Fund.

or (iv) actually or by simulation portrayed as being the object of, or otherwise engaged in, any act of lewd fondling, touching, or caressing involving another SB0697 Enrolled - 7 - LRB095 10951 RLC 31249 b person or animal;

or (3) with knowledge of the subject matter or theme thereof, produces any stage play, live performance, film, videotape or other similar visual portrayal or depiction by computer which includes a child whom the person knows or reasonably should know to be under the age of 13 engaged in any activity described in subparagraphs (i) through (vii) SB0697 ~~Engrossed~~ - 8 - LRB095 10951 RLC 31249 b of paragraph (1) of this subsection;

or (3) with knowledge of the subject matter or theme thereof, produces any stage play, live performance, film, videotape or other similar visual portrayal or depiction by computer which includes a child whom the person knows or reasonably should know to be under the age of 13 engaged in any activity described in subparagraphs (i) through (vii) SB0697 Enrolled - 8 - LRB095 10951 RLC 31249 b of paragraph (1) of this subsection;

or (6) with knowledge of the nature or content thereof, possesses any film, videotape, photograph or other similar visual reproduction or depiction by computer of any child whom the person knows or reasonably should know to be under the age of 13 engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of this SB0697 Enrolled - 9 - LRB095 10951 RLC 31249 b subsection;

(3) If the defendant possessed more than 3 of the same SB0697 ~~Engrossed~~ - 10 - LRB095 10951 RLC 31249 b film, videotape or visual reproduction or depiction by computer in which aggravated child pornography is depicted, then the trier of fact may infer that the defendant possessed such materials with the intent to disseminate them.

(3) If the defendant possessed more than 3 of the same SB0697 Enrolled - 10 - LRB095 10951 RLC 31249 b film, videotape or visual reproduction or depiction by computer in which aggravated child pornography is depicted, then the trier of fact may infer that the defendant possessed such materials with the intent to disseminate them.

(3) A person who commits a violation of paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) where the defendant has previously been convicted under the laws of this State or any other state of the offense of child pornography, aggravated child pornography, aggravated criminal sexual abuse, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or any of the offenses formerly known as rape, deviate sexual assault, indecent liberties with a child, SB0697 ~~Engrossed~~ - 11 - LRB095 10951 RLC 31249 b or aggravated indecent liberties with a child where the victim was under the age of 18 years or an offense that is substantially equivalent to those offenses, is guilty of a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 9 years with a mandatory minimum fine of $2,000 and a maximum fine of $100,000.

(3) A person who commits a violation of paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) where the defendant has previously been convicted under the laws of this State or any other state of the offense of child pornography, aggravated child pornography, aggravated criminal sexual abuse, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or any of the offenses formerly known as rape, deviate sexual assault, indecent liberties with a child, SB0697 Enrolled - 11 - LRB095 10951 RLC 31249 b or aggravated indecent liberties with a child where the victim was under the age of 18 years or an offense that is substantially equivalent to those offenses, is guilty of a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 9 years with a mandatory minimum fine of $2,000 and a maximum fine of $100,000.

(e) Any film, videotape, photograph or other similar visual reproduction or depiction by computer which includes a child under the age of 13 engaged in any activity described in SB0697 ~~Engrossed~~ - 12 - LRB095 10951 RLC 31249 b subparagraphs (i) through (vii) of paragraph (1) of subsection (a), and any material or equipment used or intended for use in photographing, filming, printing, producing, reproducing, manufacturing, projecting, exhibiting, depiction by computer, or disseminating such material shall be seized and forfeited in the manner, method and procedure provided by Section 36-1 of this Code for the seizure and forfeiture of vessels, vehicles and aircraft.

(e) Any film, videotape, photograph or other similar visual reproduction or depiction by computer which includes a child under the age of 13 engaged in any activity described in SB0697 Enrolled - 12 - LRB095 10951 RLC 31249 b subparagraphs (i) through (vii) of paragraph (1) of subsection (a), and any material or equipment used or intended for use in photographing, filming, printing, producing, reproducing, manufacturing, projecting, exhibiting, depiction by computer, or disseminating such material shall be seized and forfeited in the manner, method and procedure provided by Section 36-1 of this Code for the seizure and forfeiture of vessels, vehicles and aircraft.

(1) "Disseminate" means (i) to sell, distribute, exchange or transfer possession, whether with or without consideration or (ii) to make a depiction by computer available for distribution or downloading through the facilities of any telecommunications network or through any other means of transferring computer programs or data SB0697 Enrolled - 13 - LRB095 10951 RLC 31249 b to a computer.

SB0697 ~~Engrossed~~ - 14 - LRB095 10951 RLC 31249 b (g) When a charge of aggravated child pornography is brought, the age of the child is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding the age in question.

SB0697 Enrolled - 14 - LRB095 10951 RLC 31249 b (g) When a charge of aggravated child pornography is brought, the age of the child is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding the age in question.

The Unified Code of Corrections is amended by changing ~~Section~~ 5-5-3 as follows:

The Unified Code of Corrections is amended by changing Sections 3-3-7 and 5-5-3 and by adding Section 5-4-3.2 as follows:

(730 ILCS 5/3-3-7) (from Ch.

38, par.

1003-3-7) Sec.

3-3-7.

Conditions of Parole or Mandatory Supervised Release.

(a) The conditions of parole or mandatory supervised release shall be such as the Prisoner Review Board deems necessary to assist the subject in leading a law-abiding life.

The conditions of every parole and mandatory supervised release are that the subject:

(1) not violate any criminal statute of any jurisdiction during the parole or release term;

(2) refrain from possessing a firearm or other dangerous weapon;

(3) report to an agent of the Department of Corrections;

(5) attend or reside in a facility established for the instruction or residence of persons on parole or mandatory supervised release;

(6) secure permission before visiting or writing a committed person in an Illinois Department of Corrections facility;

(7) report all arrests to an agent of the Department of Corrections as soon as permitted by the arresting authority but in no event later than 24 hours after release from custody;

(8) obtain permission of an agent of the Department of Corrections before leaving the State of Illinois;

(9) obtain permission of an agent of the Department of SB0697 Enrolled - 17 - LRB095 10951 RLC 31249 b Corrections before changing his or her residence or employment;

(10) consent to a search of his or her person, property, or residence under his or her control;

(12) not frequent places where controlled substances are illegally sold, used, distributed, or administered;

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