Public Act 095-0983
 		





SB2349 Enrolled
LRB095 19641 RLC 45985 b






    AN ACT concerning criminal law, which may be referred to as 
the Child Protection Act of 2008.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 1. Short title. This Act may be cited as the 
Illinois Child Online Exploitation Reporting Act.
 
    Section 5. Definitions. As used in this Act unless the 
context otherwise requires:
    "Electronic communications service" means any service 
which provides to users thereof the ability to send or receive 
wire or electronic communications.
    "Remote computing service" means the provision to the 
public of computer storage or processing services by means of 
an electronic communications system.


 
    Section 10. Registration.  Any entity, subject to the 
reporting requirements of 42 U.S.C. 13032, while engaged in 
providing an electronic communications service or a remote 
computing service to the public, must provide the following 
information to the Cyber Tipline at the National Center for 
Missing and Exploited Children in order to facilitate the 
required reporting of child pornography crimes, pursuant to 42 
U.S.C. 13032:
    (a)    the agent's name, phone number, and email address; and
    (b)    the name of the agent's employer.
 
    Section 15. Scope.    This Act is applicable to electronic 
communications services and remote computing services 
incorporated or organized under the laws of this State or 
maintaining property or assets in this State.
 
    Section 20. Penalties.   A provider of electronic 
communications services or remote computing services who 
violates this Act by failing to register under Section 10 is 
subject to a civil penalty in an amount not to exceed $500 for 
each day that the violation continues.  The Attorney General may 
bring an action in the name of the People of the State of 
Illinois to enforce the provisions of this Act.

 
    Section 105. The Criminal Code of 1961 is amended  by 
changing Sections 11-9.4, 11-20.2, 11-21, 11-23, and 11-24 and 
by adding Sections 10-8.1 and 11-6.6 as follows:
 
    (720 ILCS 5/10-8.1  new)
    Sec. 10-8.1. Unlawful sending of a public conveyance travel 
ticket to a minor.
    (a)  In this Section, "public conveyance"  has the meaning 
ascribed to it in Section 10-8 of this Code. 
    (b)  A person commits the offense of unlawful sending of a 
public conveyance travel ticket to a minor when the person 
without the consent of the minor's parent or guardian:
        (1) knowingly sends, causes to be sent, or  purchases a 
    public conveyance travel ticket to any location for a 
    person known by the offender to be an unemancipated minor 
    under 17 years of age or a person he or she believes  to be a 
    minor under 17 years of age, other than for a lawful 
    purpose under Illinois law; or
        (2) knowingly arranges for travel to any location on 
    any public conveyance for a person known by the offender to 
    be an unemancipated minor under 17 years of age or a person 
    he or she believes  to be a minor under 17 years of age, 
    other than for a lawful purpose under Illinois law.
    (b-5)  Telecommunications carriers, commercial mobile 
service providers, and providers of information services, 
including, but not limited to, Internet service providers and 
hosting service providers, are not liable under this Section, 
except for willful and wanton misconduct, by virtue of the 
transmission, storage, or caching of electronic communications 
or messages of others or by virtue of the provision of other 
related telecommunications, commercial mobile services, or 
information services used by others in violation of this 
Section. 
    (c)  Sentence.

Unlawful sending of a public conveyance 
travel ticket to a minor is a Class A misdemeanor.

A person who 
commits unlawful sending of a public conveyance travel ticket 
to a minor
who believes that he or she is at least 5 years older 
than the minor is guilty of a Class 4 felony. 
 
    (720 ILCS 5/11-6.6  new)
    Sec. 11-6.6. Solicitation to meet a child.
    (a)   A person of the age of 18 or more years commits the 
offense of solicitation to meet a child if the person while 
using a computer, cellular telephone, or any other device, with 
the intent to meet a child or one whom he or she believes to be 
a child, solicits, entices, induces, or arranges with the child 
to meet at a location without the knowledge of the child's  
parent or guardian and the meeting with the child is arranged 
for a purpose   other than a lawful purpose under Illinois law.
    (b) Sentence. Solicitation to meet a child is a Class A 
misdemeanor.

Solicitation to meet a child is a Class 4 felony 
when the solicitor believes he or she is 5 or more years older 
than the child.
    (c)  For purposes of this Section,   "child" means any person 
under 17 years of age; and "computer" has the meaning ascribed 
to it in Section 16D-2 of this Code. 
 



    (720 ILCS 5/11-9.4)

    (Text of Section after amendment by P.A. 95-640)
    Sec. 11-9.4. Approaching, contacting, residing, or 
communicating with a
child within certain places by child sex 
offenders
prohibited.

    (a) It is unlawful for a child sex offender to knowingly be 
present in any
public park building or on real property 
comprising any public park
when persons under the age of
18 are

present in the building or on the grounds
and to approach, 
contact, or communicate with a child under 18 years of
age,

unless the
offender
is a parent or guardian of a person under 
18 years of age present in the
building or on the
grounds.

    (b) It is unlawful for a child sex offender to knowingly 
loiter on a public
way within 500 feet of a public park 
building or real property comprising any
public park
while 
persons under the age of 18 are present in the building or on 
the
grounds
and to approach, contact, or communicate with a 
child under 18 years of
age,
unless the offender
is a parent or 
guardian of a person under 18 years of age present in the

building or on the grounds.

    (b-5) It is unlawful for a child sex offender to knowingly 
reside within
500 feet of a playground, child care institution, 
day care center, part day child care facility, or a facility 
providing programs or services
exclusively directed toward 
persons under 18 years of age.  Nothing in this
subsection (b-5) 
prohibits a child sex offender from residing within 500 feet
of 
a playground or a facility providing programs or services 
exclusively
directed toward persons under 18 years of age if 
the property is owned by the
child sex offender and was 
purchased before the effective date of this
amendatory Act of 
the 91st General Assembly. Nothing in this
subsection (b-5) 
prohibits a child sex offender from residing within 500 feet
of 
a child care institution, day care center, or part day child 
care facility if the property is owned by the
child sex 
offender and was purchased before the effective date of this

amendatory Act of the 94th General Assembly.

    (b-6) It is unlawful for a child sex offender to knowingly 
reside within
500 feet of the victim of the sex offense.  
Nothing in this
subsection (b-6) prohibits a child sex offender 
from residing within 500 feet
of the victim
if the property in 
which the child sex offender resides is owned by the
child sex 
offender and was purchased before the effective date of this

amendatory Act of the 92nd General Assembly.

    This subsection (b-6) does not apply if the victim of the 
sex offense
is 21 years of age or older.

    (b-7)  It is unlawful for a child sex offender to knowingly 
communicate, other than for a lawful purpose under Illinois 
law, using the Internet or any other digital media, with a 
person under 18 years of age or with a person whom he or she 
believes to be a person under 18 years of age,
unless the 
offender
is a parent or guardian of the person under 18 years 
of age. 
    (c) It is unlawful for a child sex offender to knowingly 
operate, manage,
be employed by, volunteer at, be associated 
with, or knowingly be present at
any: (i) facility providing

programs or services exclusively directed towards persons 
under the age of 18; (ii) day care center; (iii) part day child 
care facility; (iv) child care institution, or (v) school 
providing before and after school programs for children under 
18 years of age.
This does not prohibit a child sex offender 
from owning the real property upon
which the programs or 
services are offered or upon which the day care center, part 
day child care facility,  child care institution, or school 
providing before and after school programs for children under 
18 years of age is located, provided the child sex offender

refrains from being present on the premises for the hours 
during which: (1) the
programs or services are being offered or 
(2) the day care center, part day child care facility, child 
care institution, or  school providing before and after school 
programs for children under 18 years of age is operated.

    (c-5) It is unlawful for a child sex offender to knowingly 
operate, manage, be employed by, or be associated with any 
county fair when persons under the age of 18 are present.

    (d) Definitions.  In this Section:


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


            (i) has been charged under Illinois law, or any 
        substantially similar
federal law
or law of another 
        state, with a sex offense set forth in
paragraph (2) of 
        this subsection (d) or the attempt to commit an 
        included sex
offense, and:


                (A) is convicted of such offense or an attempt 
            to commit such offense;
or


                (B) is found not guilty by reason of insanity 
            of such offense or an
attempt to commit such 
            offense; or


                (C) is found not guilty by reason of insanity 
            pursuant to subsection
(c) of Section 104-25 of the 
            Code of Criminal Procedure of 1963 of such offense

            or an attempt to commit such offense; or


                (D) is the subject of a finding not resulting 
            in an acquittal at a
hearing conducted pursuant to 
            subsection (a) of Section 104-25 of the Code of

            Criminal Procedure of 1963 for the alleged 
            commission or attempted commission
of such 
            offense; or


                (E) is found not guilty by reason of insanity 
            following a hearing
conducted pursuant to a 
            federal law or the law of another state 
            substantially
similar to subsection (c) of Section 
            104-25 of the Code of Criminal Procedure
of 1963 of 
            such offense or of the attempted commission of such 
            offense; or


                (F) is the subject of a finding not resulting 
            in an acquittal at a
hearing
conducted pursuant to 
            a federal law or the law of another state 
            substantially
similar to subsection (a) of Section 
            104-25 of the Code of Criminal Procedure
of 1963 
            for the alleged violation or attempted commission 
            of such offense; or


            (ii) is certified as a sexually dangerous person 
        pursuant to the
Illinois
Sexually Dangerous Persons 
        Act, or any substantially similar federal
law or the 
        law of another state, when any conduct giving rise to 
        such
certification is committed or attempted against a 
        person less than 18 years of
age; or


            (iii) is subject to the provisions of Section 2 of 
        the Interstate
Agreements on Sexually Dangerous 
        Persons Act.


        Convictions that result from or are connected with the 
    same act, or result
from offenses committed at the same 
    time, shall be counted for the purpose of
this Section as 
    one conviction.  Any conviction set aside pursuant to law is

    not a conviction for purposes of this Section.


        (2) Except as otherwise provided in paragraph (2.5), 
    "sex offense"
means:


            (i) A violation of any of the following Sections of 
        the Criminal Code of
1961: 10-7 (aiding and abetting 
        child abduction under Section 10-5(b)(10)),

        10-5(b)(10) (child luring), 11-6 (indecent 
        solicitation of a child), 11-6.5
(indecent 
        solicitation of an adult),
11-9 (public indecency when 
        committed in a school, on the real property
comprising 
        a school, on a conveyance owned, leased, or contracted 
        by a
school to transport students to or from school or 
        a school related activity, or
in a public park),
11-9.1 
        (sexual exploitation of a child), 11-15.1 (soliciting 
        for a juvenile
prostitute), 11-17.1 (keeping a place of 
        juvenile prostitution), 11-18.1
(patronizing a 
        juvenile prostitute), 11-19.1 (juvenile pimping),

        11-19.2 (exploitation of a child), 11-20.1 (child 
        pornography), 11-20.3 (aggravated child pornography), 
        11-21 (harmful
material), 12-14.1
(predatory criminal 
        sexual assault of a child), 12-33 (ritualized abuse of 
        a
child), 11-20 (obscenity) (when that offense was 
        committed in any school, on
real property comprising 
        any school, on any conveyance owned,
leased, or 
        contracted by a school to transport students to or from 
        school or a
school related activity, or in a public 
        park).  An attempt to commit any of
these offenses.


            (ii) A violation of any of the following Sections 
        of the Criminal Code
of 1961, when the victim is a 
        person under 18 years of age: 12-13 (criminal
sexual 
        assault), 12-14 (aggravated criminal sexual assault), 
        12-15 (criminal
sexual abuse), 12-16 (aggravated 
        criminal sexual abuse).  An attempt to commit
any of 
        these offenses.


            (iii) A violation of any of the following Sections 
        of the Criminal Code
of 1961, when the victim is a 
        person under 18 years of age and the defendant is
not a 
        parent of the victim:


            10-1 (kidnapping),


            10-2 (aggravated kidnapping),


            10-3 (unlawful restraint),


            10-3.1 (aggravated unlawful restraint).


            An attempt to commit any of these offenses.


            (iv) A violation of any former law of this State 
        substantially
equivalent to any offense listed in 
        clause (2)(i) of this subsection (d).


        (2.5) For the purposes of subsection (b-5) only, a sex 
    offense means:


            (i) A violation of any of the following Sections of 
        the Criminal Code of
1961:


                10-5(b)(10) (child luring), 10-7 (aiding and 
            abetting child abduction
under Section 
            10-5(b)(10)), 11-6 (indecent solicitation of
a

            child), 11-6.5 (indecent solicitation of an 
            adult), 11-15.1 (soliciting for a
juvenile

            prostitute), 11-17.1 (keeping a place of juvenile 
            prostitution), 11-18.1
(patronizing a juvenile 
            prostitute), 11-19.1 (juvenile pimping),
11-19.2 
            (exploitation of a child), 11-20.1 (child 
            pornography), 11-20.3 (aggravated child 
            pornography), 12-14.1
(predatory criminal sexual 
            assault of a child), or 12-33 (ritualized abuse of 
            a
child).  An attempt
to commit any of
these 
            offenses.


            (ii) A violation of any of the following Sections 
        of the Criminal Code
of 1961, when the victim is a 
        person under 18 years of age: 12-13 (criminal
sexual 
        assault), 12-14 (aggravated criminal sexual assault),

        12-16 (aggravated criminal sexual abuse), and 
        subsection (a) of Section 12-15
(criminal sexual 
        abuse).  An attempt to commit
any of these offenses.


            (iii) A violation of any of the following Sections 
        of the Criminal Code
of 1961, when the victim is a 
        person under 18 years of age and the defendant is
not a 
        parent of the victim:


            10-1 (kidnapping),


            10-2 (aggravated kidnapping),


            10-3 (unlawful restraint),


            10-3.1 (aggravated unlawful restraint).


            An attempt to commit any of these offenses.


            (iv) A violation of any former law of this State 
        substantially
equivalent to any offense listed in this 
        paragraph (2.5) of
this subsection.


        (3) A conviction for an offense of federal law or the 
    law of another state
that is substantially equivalent to 
    any offense listed in paragraph (2) of this
 subsection (d) 
    shall constitute a conviction for the purpose of
this 
    Section.  A finding or adjudication as a sexually dangerous 
    person under
any federal law or law of another state that 
    is substantially equivalent to the
Sexually Dangerous 
    Persons Act shall constitute an adjudication for the

    purposes of this Section.


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

    conservation
area
under the jurisdiction of the State or a 
    unit of local government.


        (5) "Facility providing programs or services directed 
    towards persons
under
the age of 18" means any facility 
    providing programs or services exclusively
directed 
    towards persons under the age of 18.


        (6) "Loiter" means:


            (i) Standing, sitting idly, whether or not the 
        person is in a vehicle or
remaining in or around public 
        park property.


            (ii) Standing, sitting idly, whether or not the 
        person is in a vehicle
or remaining in or around public 
        park property, for the purpose of committing
or

        attempting to commit a sex offense.


        (7) "Playground" means a piece of land owned or 
    controlled by a unit
of
local government that is designated 
    by the unit of local government for use
solely or primarily 
    for children's recreation.

        (8) "Child care institution" has the meaning ascribed 
    to it in Section 2.06 of the Child Care Act of 1969.

        (9) "Day care center" has the meaning ascribed to it in 
    Section 2.09 of the Child Care Act of 1969.
        (10) "Part day child care facility" has the meaning 
    ascribed to it in Section 2.10 of the Child Care Act of 
    1969.

        (11)  "Internet" means an interactive computer service 
    or system or an
information service, system, or access 
    software provider that provides or
enables computer access 
    by multiple users to a computer server, and includes,
but 
    is not limited to, an information service, system, or 
    access software
provider that provides access to a network 
    system commonly known as the
Internet, or any comparable 
    system or service and also includes, but is not
limited to, 
    a World Wide Web page, newsgroup, message board, mailing 
    list, or
chat area on any interactive computer service or 
    system or other online
service. 
    (e) Sentence.  A person who violates this Section is guilty 
of a Class 4
felony.

(Source: P.A. 94-925, eff. 6-26-06; 95-32, eff. 1-1-08; 95-640, 
eff. 6-1-08; revised 10-30-07.)

 



    (720 ILCS 5/11-20.2)  (from Ch. 38, par. 11-20.2)


    Sec. 11-20.2. Duty to report child pornography.

    (a) Any commercial film and photographic print processor or 
computer technician who
has knowledge of or observes, within 
the scope of his professional capacity
or employment, any film, 
photograph, videotape, negative,
or slide, computer hard drive 
or any other magnetic or optical media which
depicts a child 
whom the processor or computer technician knows or reasonably 
should know to be
under the age of 18 where such child is:

    (i) actually or by simulation engaged in any act of sexual 
penetration or sexual conduct
intercourse
with any person or 
animal; or

    (ii) actually or by simulation engaged in any act of sexual 
penetration or sexual conduct
contact
involving the sex organs 
of the child and the mouth, anus, or sex organs of
another 
person or animal; or which involves the mouth, anus or sex 
organs
of the child and the sex organs of another person or 
animal; or

    (iii) actually or by simulation engaged in any act of 
masturbation; 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 person or animal; or

    (v) actually or by simulation engaged in any act of 
excretion or
urination within a sexual context; or

    (vi) actually or by simulation portrayed or depicted as 
bound, fettered,
or subject to sadistic, masochistic, or 
sadomasochistic abuse in any sexual
context; or

    (vii)  depicted or portrayed in any pose, posture or setting 
involving a lewd exhibition of the unclothed or transparently 
clothed genitals, pubic area, buttocks, or, if such person is 
female, a fully or partially developed breast of the child or 
other person;


shall report or cause a report to be made pursuant to 
subsections (b) and (c) such instance to a peace officer 
immediately or as
soon as reasonably possible.  Failure to make 
such report shall be a business offense
with a fine of $1,000.

    (b) Commercial film and photographic film processors shall 
report or cause a report to be made to the local law 
enforcement agency of the jurisdiction in which the image or 
images described in subsection (a) are discovered.
    (c) Computer technicians shall report or cause the report 
to be made to the local law enforcement agency of the 
jurisdiction in which the image or images described in 
subsection (a) are discovered or to the Illinois Child 
Exploitation e-Tipline at reportchildporn@atg.state.il.us.
    (d) Reports required by this Act shall include the 
following information:

(i) name, address, and telephone number 
of the person filing the report;
(ii) the employer of the 
person filing the report, if any;
(iii) the name, address and 
telephone number of the person whose property is the subject of 
the report, if known;
(iv) the circumstances which led to the 
filing of the report, including a description of the reported 
content.
    (e) If a report is filed with the Cyber Tipline at the 
National Center for Missing and Exploited Children or in 
accordance with the requirements of 42 U.S.C. 13032, the 
requirements of this Act will be deemed to have been met.
    (f) A computer technician or an employer caused to report 
child pornography under this Section is immune from any 
criminal, civil, or administrative liability in connection 
with making the report, except for willful or wanton 
misconduct.
    (g)  For the purposes of this Section, a "computer 
technician" is a person who installs, maintains, 
troubleshoots, repairs or upgrades computer hardware, 
software, computer networks, peripheral equipment, electronic 
mail systems, or provides user assistance for any of the 
aforementioned tasks.

(Source: P.A. 84-1280.)

 



    (720 ILCS 5/11-21)  (from Ch. 38, par. 11-21)



    Sec. 11-21. Harmful material. 

    (a) As used in this Section:

        "Distribute" means transfer possession of, whether 
    with or without consideration.

        "Harmful to minors" means that quality of any 
    description or representation, in whatever form, of 
    nudity, sexual conduct, sexual excitement, or 
    sado-masochistic abuse, when, taken as a whole, it (i) 
    predominately appeals to the prurient interest in sex of 
    minors, (ii) is patently offensive to prevailing standards 
    in the adult community in the State as a whole with respect 
    to what is suitable material for minors, and (iii) lacks 
    serious literary, artistic, political, or scientific value 
    for minors.

        "Knowingly" means having knowledge of the contents of 
    the subject matter, or recklessly failing to exercise 
    reasonable inspection which would have disclosed the 
    contents.

        "Material" means (i) any picture, photograph, drawing, 
    sculpture, film, video game, computer game, video or 
    similar visual depiction, including any such 
    representation or image which is stored electronically, or 
    (ii) any book, magazine, printed matter however 
    reproduced, or recorded audio of any sort.

        "Minor" means any person under the age of 18.

        "Nudity" means the showing of the human male or female 
    genitals, pubic area or buttocks with less than a full 
    opaque covering, or the showing of the female breast with 
    less than a fully opaque covering of any portion below the 
    top of the nipple, or the depiction of covered male 
    genitals in a discernably turgid state.

        "Sado-masochistic abuse" means flagellation or torture 
    by or upon a person clad in undergarments, a mask or 
    bizarre costume, or the condition of being fettered, bound 
    or otherwise physically restrained on the part of one 
    clothed for sexual gratification or stimulation.

        "Sexual conduct" means acts of masturbation, sexual 
    intercourse, or physical contact with a person's clothed or 
    unclothed genitals, pubic area, buttocks or, if such person 
    be a female, breast.

        "Sexual excitement" means the condition of human male 
    or female genitals when in a state of sexual stimulation or 
    arousal.

    (b) A person is guilty of distributing harmful material to 
a minor when he or she:

        (1) knowingly sells, lends, distributes, or gives away 
    to a minor, knowing that the minor is under the age of 18 
    or failing to exercise reasonable care in ascertaining the 
    person's true age:

            (A) any material which depicts nudity, sexual 
        conduct or sado-masochistic abuse, or which contains  
        explicit and detailed verbal descriptions or narrative 
        accounts of sexual excitement, sexual conduct or 
        sado-masochistic abuse, and which taken as a whole is 
        harmful to minors;

            (B) a motion picture, show, or other presentation 
        which depicts nudity, sexual conduct or 
        sado-masochistic abuse and is harmful to minors; or

            (C) an admission ticket or pass to premises where 
        there is exhibited or to be exhibited such a motion 
        picture, show, or other presentation; or

        (2) admits a minor to premises where there is exhibited 
    or to be exhibited such a motion picture, show, or other 
    presentation, knowing that the minor is a person under the 
    age of 18 or failing to exercise reasonable care in 
    ascertaining the person's true age.

    (c) In any prosecution arising under this Section, it is an 
affirmative defense:

        (1) that the minor as to whom the offense is alleged to 
    have been committed exhibited to the accused a draft card, 
    driver's license, birth certificate or other official or 
    apparently official document purporting to establish that 
    the minor was 18 years of age or older, which was relied 
    upon by the accused;

        (2) that the defendant was in a parental or 
    guardianship relationship with the minor or that the minor 
    was accompanied by a parent or legal guardian;

        (3) that the defendant was a bona fide school, museum, 
    or public library, or was a person acting in the course of 
    his or her employment as an employee or official of such 
    organization or  retail outlet affiliated with and serving 
    the educational purpose of such organization;

        (4) that the act charged was committed in aid of 
    legitimate scientific or educational purposes; or

        (5) that an advertisement of harmful material as 
    defined in this Section culminated in the sale or 
    distribution of such harmful material to a child under 
    circumstances where there was no personal confrontation of 
    the child by the defendant, his employees, or agents, as 
    where the order or request for such harmful material was 
    transmitted by mail, telephone, Internet or similar means 
    of communication, and delivery of such harmful material to 
    the child was by mail, freight, Internet or similar means 
    of transport, which advertisement contained the following 
    statement, or a substantially similar statement, and that 
    the defendant required the purchaser to certify that he or 
    she was not under the age of 18  and that the purchaser 
    falsely stated that he or she was not under the age of 18: 
    "NOTICE: It is unlawful for any person under the age of 18  
    to purchase the matter advertised. Any person under the age 
    of 18  that falsely states that he or she is not under the 
    age of 18  for the purpose of obtaining the material 
    advertised is guilty of a Class B misdemeanor under the 
    laws of the State."

    (d) The predominant appeal to prurient interest of the 
material shall be judged with reference to average children of 
the same general age of the child to whom such material was 
sold, lent, distributed or given, unless it appears from the 
nature of the matter or the circumstances of its dissemination 
or distribution  that it is designed for specially susceptible 
groups, in which case the predominant appeal of the material 
shall be judged with reference to its intended or probable 
recipient group.

    (e) Distribution of harmful material in violation of this 
Section is a Class A misdemeanor. A second or subsequent 
offense is a Class 4 felony.

    (f) Any person under the age of 18  that  falsely states, 
either orally or in writing, that he or she is not under the 
age of 18, or that presents or offers to any person any 
evidence of age and identity that is false or not actually his 
or her own for the purpose of ordering, obtaining, viewing, or 
otherwise procuring or attempting to procure or view any 
harmful material is guilty of a Class B misdemeanor.


    (g)  A person over the age of 18 who fails to exercise 
reasonable care in ascertaining the true age of a minor, 
knowingly distributes to, or sends, or causes to be sent, or 
exhibits to, or offers to distribute, or exhibits any harmful 
material to a person that he or she believes is a minor is 
guilty of a Class A misdemeanor. If that person utilized a 
computer web camera, cellular telephone, or any other type of 
device to manufacture the harmful material, then each offense 
is a Class 4 felony. 
    (h)  Telecommunications carriers, commercial mobile service 
providers, and providers of information services, including, 
but not limited to, Internet service providers and hosting 
service providers, are not liable under this Section, except 
for willful and wanton misconduct, by virtue of the 
transmission, storage, or caching of electronic communications 
or messages of others or by virtue of the provision of other 
related telecommunications, commercial mobile services, or 
information services used by others in violation of this 
Section. 
(Source: P.A. 94-315, eff. 1-1-06.)

 



    (720 ILCS 5/11-23)


    Sec. 11-23. Posting of identifying or graphic information 
on a pornographic
Internet site or possessing graphic 
information with pornographic material.

    (a) A person at least 17 years of age who discloses on an 
adult obscenity or
child
pornography Internet site the name, 
address, telephone number, or e-mail
address of a person
under 
17 years of age at the time of the commission of
the offense or 
of a person at least 17 years of age without the consent of
the 
person at least 17 years of age is guilty of the offense of 
posting of
identifying information on a pornographic Internet 
site.

    (a-5) Any person who places, posts, reproduces, or 
maintains on an adult obscenity or child pornography Internet 
site a photograph, video, or digital image of a person under 18 
years of age that is not child pornography under Section 
11-20.1, without the knowledge and consent of the person under 
18 years of age, is guilty of the offense of posting of graphic 
information on a pornographic Internet site. This provision 
applies even if the person under 18 years of age is fully or 
properly clothed in the photograph, video, or digital image. 
    (a-10)  Any person who places, posts, reproduces, or 
maintains on an adult obscenity or child pornography Internet 
site, or possesses with obscene or child pornographic material 
a photograph, video, or digital image of a person under 18 
years of age in which the child is posed in a suggestive manner 
with the focus or concentration of the image on the child's 
clothed genitals, clothed pubic area, clothed buttocks area, or 
if the child is female, the breast exposed through transparent 
clothing, and the photograph, video, or digital image is not 
child pornography under Section 11-20.1, is guilty of posting 
of graphic information on a pornographic Internet site or 
possessing graphic information with pornographic material. 
    (b) Sentence.  A person who violates subsection (a) of this 
Section is guilty of a Class 4
felony if the victim is at least 
17 years of age at the time of the offense and
a
Class 3 felony 
if the victim is under 17 years of age at the time of the

offense. A person who violates subsection (a-5) of this Section 
is guilty of a Class 4 felony.  A person who violates subsection 
(a-10) of this Section is guilty of a Class 3 felony. 

    (c) Definitions.  For purposes of this Section:


        (1) "Adult obscenity or child pornography Internet 
    site" means a site on
the Internet that contains material 
    that is obscene as defined in Section 11-20
of this Code or

    that is child pornography as defined in Section 11-20.1 of 
    this Code.


        (2) "Internet" includes the World Wide Web, electronic 
    mail, a
news group posting, or Internet file transfer.

(Source: P.A. 91-222, eff. 7-22-99.)

 
    (720 ILCS 5/11-24)
    Sec. 11-24. Child photography by sex offender.
    (a)  In this Section:
        "Child" means a person under 18 years of age.
        "Child sex offender" has the meaning ascribed  to  it  in

    Section 11-9.3 of this Code.
    (b)  It   is   unlawful  for  a  child  sex  offender  to
    knowingly:
        (1)  conduct or operate  any  type  of  business  in
which  he  
    or  she  photographs,  videotapes,  or takes a
digital image of 
    a child; or
        (2)  conduct or operate  any  type  of  business  in
 which  he  
    or  she instructs or directs another person to
         photograph, 
    videotape, or  take  a  digital  image  of  a
         child; or .
        (3) photograph, videotape, or take a digital image of a 
    child, or instruct or direct another person to photograph, 
    videotape, or take a digital image of a child without the 
    consent of the parent or guardian.
    (c)  Sentence. A violation of this Section is a  Class  2
    
felony. A person who violates this Section at a playground, 
park facility, school, forest preserve, day care facility, or 
at a facility providing programs or services directed to 
persons under 17 years of age is guilty of a Class 1 felony. 

(Source: P.A. 93-905, eff. 1-1-05.)

 
    Section 110. The Unified Code of Corrections is amended  by 
changing Sections 3-3-7, 5-6-3, 5-6-3.1, and 5-8-1 as follows:
 
    (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
    (Text of Section after amendment by P.A. 95-464, 95-579, 
and 95-640)
    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 
    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 
    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;

        (7.8)  if convicted for an offense committed on or after 
    the effective date of this amendatory Act of the 95th 
    General Assembly that would qualify the accused as a child 
    sex offender as defined in Section 11-9.3 or 11-9.4 of the 
    Criminal Code of 1961, refrain from communicating with or 
    contacting, by means of the Internet,  a person who is not 
    related to the accused and whom the accused reasonably 
    believes to be under 18 years of age; for purposes of this 
    paragraph (7.8), "Internet" has the meaning ascribed to it 
    in Section 16J-5 of the Criminal Code of 1961, as added by 
    Public Act 94-179; and a person is not related to the 
    accused if the person is  not: (i) the spouse, brother, or 
    sister of the accused;  (ii) a descendant of the accused; 
    (iii) a first or second cousin of the accused; or (iv) a 
    step-child or adopted child of the accused;

        (7.9)
(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;

        (7.10)
(7.8) if convicted for an offense that would 
    qualify the accused as a sex offender or sexual predator 
    under the Sex Offender Registration Act on or after the 
    effective date of this amendatory Act of the 95th General 
    Assembly, not possess prescription drugs for erectile 
    dysfunction;

        (7.11) if convicted for an offense under Section 11-6, 
    11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal 
    Code of 1961, or any attempt to commit any of these 
    offenses, committed on or after the effective date of this 
    amendatory Act of the 95th General Assembly:
            (i) not access or use a computer or any other 
        device with Internet capability without the prior 
        written approval of the Department;
            (ii) submit to periodic unannounced examinations 
        of the offender's computer or any other device with 
        Internet capability by the offender's supervising 
        agent, a law enforcement officer, or assigned computer 
        or information technology specialist, including the 
        retrieval and copying of all data from the computer or 
        device and any internal or external peripherals and 
        removal of such information, equipment, or device to 
        conduct a more thorough inspection;
            (iii) submit to the installation on the offender's 
        computer or device with Internet capability, at the 
        offender's expense, of one or more hardware or software 
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions 
        concerning the offender's use of or access to a 
        computer or any other device with Internet capability 
        imposed by the Board, the Department or the offender's 
        supervising agent; 
        (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 
    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;


        (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 
    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 
    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; 

        (7.5)  if convicted for an offense committed on or after 
    the effective date of this amendatory Act of the 95th 
    General Assembly that would qualify the accused as a child 
    sex offender as defined in Section 11-9.3 or 11-9.4 of the 
    Criminal Code of 1961, refrain from communicating with or 
    contacting, by means of the Internet,  a person who is 
    related to the accused and whom the accused reasonably 
    believes to be under 18 years of age; for purposes of this 
    paragraph (7.5), "Internet" has the meaning ascribed to it 
    in Section 16J-5 of the Criminal Code of 1961, as added by 
    Public Act 94-179; and a person is related to the accused 
    if the person is: (i) the spouse, brother, or sister of the 
    accused;  (ii) a descendant of the accused; (iii) a first or 
    second cousin of the accused; or (iv) a step-child or 
    adopted child of the accused;
        (7.6) if convicted for an offense committed on or after 
    the effective date of this amendatory Act of the 95th 
    General Assembly that would qualify as a sex offense as 
    defined in the Sex Offender Registration Act:
            (i) not access or use a computer or any other 
        device with Internet capability without the prior 
        written approval of the Department;
            (ii) submit to periodic unannounced examinations 
        of the offender's computer or any other device with 
        Internet capability by the offender's supervising 
        agent, a law enforcement officer, or assigned computer 
        or information technology specialist, including the 
        retrieval and copying of all data from the computer or 
        device and any internal or external peripherals and 
        removal of such information, equipment, or device to 
        conduct a more thorough inspection;
            (iii) submit to the installation on the offender's 
        computer or device with Internet capability, at the 
        offender's expense, of one or more hardware or software 
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions 
        concerning the offender's use of or access to a 
        computer or any other device with Internet capability 
        imposed by the Board, the Department or the offender's 
        supervising agent; 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 
    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 
    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;
        (16) take an annual polygraph exam;
        (17)  maintain a log of his or her travel; or
        (18)  obtain prior approval of his or her parole officer 
    before driving alone in a motor vehicle.

    (c) The conditions under which the parole or mandatory

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.
    (f)  When the subject is in compliance with all conditions 
of his or her parole or mandatory supervised release, the 
subject shall receive a reduction of the period of his or her 
parole or mandatory supervised release  of 90 days upon passage 
of the high school level Test of General Educational 
Development during the period of his or her parole or mandatory 
supervised release.  This reduction in the period of a subject's 
term of parole or mandatory supervised release shall be 
available only to subjects who have not previously earned a 
high school diploma or who have not previously passed the high 
school level Test of General Educational Development.


(Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; 
94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; 
95-579, eff. 6-1-08; 95-640, eff. 6-1-08; revised 12-26-07.)
 
    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)

    (Text of Section after amendment by P.A. 95-464, 95-578, 
and 95-696)
    Sec. 5-6-3. Conditions of Probation and of Conditional 
Discharge.

    (a) The conditions of probation and of conditional 
discharge shall be
that the person:


        (1) not violate any criminal statute of any 
    jurisdiction;


        (2) report to or appear in person before such person or 
    agency as
directed by the court;


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


        (4) not leave the State without the consent of the 
    court or, in
circumstances in which the reason for the 
    absence is of such an emergency
nature that prior consent 
    by the court is not possible, without the prior

    notification and approval of the person's probation

    officer.  Transfer of a person's probation or conditional 
    discharge
supervision to another state is subject to 
    acceptance by the other state
pursuant to the Interstate 
    Compact for Adult Offender Supervision;


        (5) permit the probation officer to visit
him at his 
    home or elsewhere
to the extent necessary to discharge his 
    duties;


        (6) perform no less than 30 hours of community service 
    and not more than
120 hours of community service, if 
    community service is available in the
jurisdiction and is 
    funded and approved by the county board where the offense

    was committed, where the offense was related to or in 
    furtherance of the
criminal activities of an organized gang 
    and was motivated by the offender's
membership in or 
    allegiance to an organized gang.  The community service 
    shall
include, but not be limited to, the cleanup and 
    repair of any damage caused by
a violation of Section 
    21-1.3 of the Criminal Code of 1961 and similar damage
to 
    property located within the municipality or county in which 
    the violation
occurred.  When possible and reasonable, the 
    community service should be
performed in the offender's 
    neighborhood.  For purposes of this Section,
"organized 
    gang" has the meaning ascribed to it in Section 10 of the 
    Illinois
Streetgang Terrorism Omnibus Prevention Act;


        (7) if he or she is at least 17 years of age and has 
    been sentenced to
probation or conditional discharge for a 
    misdemeanor or felony in a county of
3,000,000 or more 
    inhabitants and has not been previously convicted of a

    misdemeanor or felony, may be required by the sentencing 
    court to attend
educational courses designed to prepare the 
    defendant for a high school diploma
and to work toward a 
    high school diploma or to work toward passing the high

    school level Test of General Educational Development (GED) 
    or to work toward
completing a vocational training program 
    approved by the court.  The person on
probation or 
    conditional discharge must attend a public institution of

    education to obtain the educational or vocational training 
    required by this
clause (7).  The court shall revoke the 
    probation or conditional discharge of a
person who wilfully 
    fails to comply with this clause (7).  The person on

    probation or conditional discharge shall be required to pay 
    for the cost of the
educational courses or GED test, if a 
    fee is charged for those courses or
test.  The court shall 
    resentence the offender whose probation or conditional

    discharge has been revoked as provided in Section 5-6-4.  
    This clause (7) does
not apply to a person who has a high 
    school diploma or has successfully passed
the GED test. 
    This clause (7) does not apply to a person who is 
    determined by
the court to be developmentally disabled or 
    otherwise mentally incapable of
completing the educational 
    or vocational program;


        (8) if convicted of possession of a substance 
    prohibited
by the Cannabis Control Act, the Illinois 
    Controlled Substances Act, or the Methamphetamine Control 
    and Community Protection Act
after a previous conviction or 
    disposition of supervision for possession of a
substance 
    prohibited by the Cannabis Control Act or Illinois 
    Controlled
Substances Act or after a sentence of probation 
    under Section 10 of the
Cannabis
Control Act, Section 410 
    of the Illinois Controlled Substances Act, or Section 70 of 
    the Methamphetamine Control and Community Protection Act 
    and upon a
finding by the court that the person is 
    addicted, undergo treatment at a
substance abuse program 
    approved by the court;


        (8.5) if convicted of a felony sex offense as defined 
    in the Sex
Offender
Management Board Act, the person shall 
    undergo and successfully complete sex
offender treatment 
    by a treatment provider approved by the Board and conducted

    in conformance with the standards developed under the Sex

    Offender Management Board Act;

        (8.6) 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 
    convicted of a sex offense who is placed in a Department of 
    Corrections licensed transitional housing facility for sex 
    offenders;
        (8.7)  if convicted for an offense committed on or after 
    the effective date of this amendatory Act of the 95th 
    General Assembly that would qualify the accused as a child 
    sex offender as defined in Section 11-9.3 or 11-9.4 of the 
    Criminal Code of 1961, refrain from communicating with or 
    contacting, by means of the Internet,  a person who is not 
    related to the accused and whom the accused reasonably 
    believes to be under 18 years of age; for purposes of this 
    paragraph (8.7), "Internet" has the meaning ascribed to it 
    in Section 16J-5 of the Criminal Code of 1961, as added by 
    Public Act 94-179; and a person is not related to the 
    accused if the person is  not: (i) the spouse, brother, or 
    sister of the accused;  (ii) a descendant of the accused; 
    (iii) a first or second cousin of the accused; or (iv) a 
    step-child or adopted child of the accused;
        (8.8) if convicted for an offense under Section 11-6, 
    11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal 
    Code of 1961, or any attempt to commit any of these 
    offenses, committed on or after the effective date of this 
    amendatory Act of the 95th General Assembly:
            (i) not access or use a computer or any other 
        device with Internet capability without the prior 
        written approval of the offender's probation officer, 
        except in connection with the offender's employment or 
        search for employment with the prior approval of the 
        offender's probation officer;
            (ii) submit to periodic unannounced examinations 
        of the offender's computer or any other device with 
        Internet capability by the offender's probation 
        officer, a law enforcement officer, or assigned 
        computer or information technology specialist, 
        including the retrieval and copying of all data from 
        the computer or device and any internal or external 
        peripherals and removal of such information, 
        equipment, or device to conduct a more thorough 
        inspection;
            (iii) submit to the installation on the offender's 
        computer or device with Internet capability, at the 
        offender's expense, of one or more hardware or software 
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions 
        concerning the offender's use of or access to a 
        computer or any other device with Internet capability 
        imposed by the offender's probation officer; 
        (9) if convicted of a felony, physically surrender at a 
    time and place
designated by the court, his or her Firearm

    Owner's Identification Card and
any and all firearms in
his 
    or her possession; and


        (10) 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 Court may in addition to other reasonable 
conditions relating to the
nature of the offense or the 
rehabilitation of the defendant as determined for
each 
defendant in the proper discretion of the Court require that 
the person:


        (1) serve a term of periodic imprisonment under Article 
    7 for a
period not to exceed that specified in paragraph 
    (d) of Section 5-7-1;


        (2) pay a fine and costs;


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


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


        (5) attend or reside in a facility established for the 
    instruction
or residence of defendants on probation;


        (6) support his dependents;


        (7) and 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;


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


            (v) with the consent of the superintendent of the

        facility, attend an educational program at a facility 
        other than the school
in which the
offense was 
        committed if he
or she is convicted of a crime of 
        violence as
defined in
Section 2 of the Crime Victims 
        Compensation Act committed in a school, on the
real

        property
comprising a school, or within 1,000 feet of 
        the real property comprising a
school;


        (8) make restitution as provided in Section 5-5-6 of 
    this Code;


        (9) perform some reasonable public or community 
    service;


        (10) serve a term of home confinement.  In addition to 
    any other
applicable condition of probation or conditional 
    discharge, the
conditions of home confinement shall be that 
    the offender:


            (i) remain within the interior premises of the 
        place designated for
his confinement during the hours 
        designated by the court;


            (ii) admit any person or agent designated by the 
        court into the
offender's place of confinement at any 
        time for purposes of verifying
the offender's 
        compliance with the conditions of his confinement; and


            (iii) if further deemed necessary by the court or 
        the
Probation or
Court Services Department, be placed 
        on an approved
electronic monitoring device, subject 
        to Article 8A of Chapter V;


            (iv) for persons convicted of any alcohol, 
        cannabis or controlled
substance violation who are 
        placed on an approved monitoring device as a
condition 
        of probation or conditional discharge, the court shall 
        impose a
reasonable fee for each day of the use of the 
        device, as established by the
county board in 
        subsection (g) of this Section, unless after 
        determining the
inability of the offender to pay the 
        fee, the court assesses a lesser fee or no
fee as the 
        case may be. This fee shall be imposed in addition to 
        the fees
imposed under subsections (g) and (i) of this 
        Section. The fee shall be
collected by the clerk of the 
        circuit court.  The clerk of the circuit
court shall pay 
        all monies collected from this fee to the county 
        treasurer
for deposit in the substance abuse services 
        fund under Section 5-1086.1 of
the Counties Code; and


            (v) for persons convicted of offenses other than 
        those referenced in
clause (iv) above and who are 
        placed on an approved monitoring device as a
condition 
        of probation or conditional discharge, the court shall 
        impose
a reasonable fee for each day of the use of the 
        device, as established by the
county board in 
        subsection (g) of this Section, unless after 
        determining the
inability of the defendant to pay the 
        fee, the court assesses a lesser fee or
no fee as the 
        case may be.  This fee shall be imposed in addition to 
        the fees
imposed under subsections (g) and (i) of this 
        Section.  The fee
shall be collected by the clerk of the 
        circuit court.  The clerk of the circuit
court shall pay 
        all monies collected from this fee
to the county 
        treasurer who shall use the monies collected to defray 
        the
costs of corrections.  The county treasurer shall 
        deposit the fee
collected in the county working cash 
        fund under Section 6-27001 or Section
6-29002 of the 
        Counties Code, as the case may be.


        (11) comply with the terms and conditions of an order 
    of protection issued
by the court pursuant to the Illinois 
    Domestic Violence Act of 1986,
as now or hereafter amended, 
    or an order of protection issued by the court of
another 
    state, tribe, or United States territory. A copy of the 
    order of
protection shall be
transmitted to the probation 
    officer or agency
having responsibility for the case;


        (12) reimburse any "local anti-crime program" as 
    defined in Section 7
of the Anti-Crime Advisory Council Act 
    for any reasonable expenses incurred
by the program on the 
    offender's case, not to exceed the maximum amount of
the 
    fine authorized for the offense for which the defendant was 
    sentenced;


        (13) contribute a reasonable sum of money, not to 
    exceed the maximum
amount of the fine authorized for the

    offense for which the defendant was sentenced, (i) to a 
    "local anti-crime
program", as defined in Section 7 of the 
    Anti-Crime Advisory Council Act, or (ii) for offenses under 
    the jurisdiction of the Department of Natural Resources, to 
    the fund established by the Department of Natural Resources 
    for the purchase of evidence for investigation purposes and 
    to conduct investigations as outlined in Section 805-105 of 
    the Department of Natural Resources (Conservation) Law;


        (14) refrain from entering into a designated 
    geographic area except upon
such terms as the court finds 
    appropriate. Such terms may include
consideration of the 
    purpose of the entry, the time of day, other persons

    accompanying the defendant, and advance approval by a

    probation officer, if
the defendant has been placed on 
    probation or advance approval by the
court, if the 
    defendant was placed on conditional discharge;


        (15) refrain from having any contact, directly or 
    indirectly, with
certain specified persons or particular 
    types of persons, including but not
limited to members of 
    street gangs and drug users or dealers;


        (16) refrain from having in his or her body the 
    presence of any illicit
drug prohibited by the Cannabis 
    Control Act, the Illinois Controlled
Substances Act, or the 
    Methamphetamine Control and Community Protection Act, 
    unless prescribed by a physician, and submit samples of
his 
    or her blood or urine or both for tests to determine the 
    presence of any
illicit drug; and


        (17)  if convicted for an offense committed on or after 
    the effective date of this amendatory Act of the 95th 
    General Assembly that would qualify the accused as a child 
    sex offender as defined in Section 11-9.3 or 11-9.4 of the 
    Criminal Code of 1961, refrain from communicating with or 
    contacting, by means of the Internet,  a person who is  
    related to the accused and whom the accused reasonably 
    believes to be under 18 years of age; for purposes of this 
    paragraph (17), "Internet" has the meaning ascribed to it 
    in Section 16J-5 of the Criminal Code of 1961, as added by 
    Public Act 94-179; and a person is related to the accused 
    if the person is: (i) the spouse, brother, or sister of the 
    accused;  (ii) a descendant of the accused; (iii) a first or 
    second cousin of the accused; or (iv) a step-child or 
    adopted child of the accused; and .
        (18) if convicted for an offense committed on or after 
    the effective date of this amendatory Act of the 95th 
    General Assembly that would qualify as a sex offense as 
    defined in the Sex Offender Registration Act:
            (i) not access or use a computer or any other 
        device with Internet capability without the prior 
        written approval of the offender's probation officer, 
        except in connection with the offender's employment or 
        search for employment with the prior approval of the 
        offender's probation officer;
            (ii) submit to periodic unannounced examinations 
        of the offender's computer or any other device with 
        Internet capability by the offender's probation 
        officer, a law enforcement officer, or assigned 
        computer or information technology specialist, 
        including the retrieval and copying of all data from 
        the computer or device and any internal or external 
        peripherals and removal of such information, 
        equipment, or device to conduct a more thorough 
        inspection;
            (iii) submit to the installation on the offender's 
        computer or device with Internet capability, at the 
        subject's expense, of one or more hardware or software 
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions 
        concerning the offender's use of or access to a 
        computer or any other device with Internet capability 
        imposed by the offender's probation officer. 
    (c) The court may as a condition of probation or of 
conditional
discharge require that a person under 18 years of 
age found guilty of any
alcohol, cannabis or controlled 
substance violation, refrain from acquiring
a driver's license 
during
the period of probation or conditional discharge.  If 
such person
is in possession of a permit or license, the court 
may require that
the minor refrain from driving or operating 
any motor vehicle during the
period of probation or conditional 
discharge, except as may be necessary in
the course of the 
minor's lawful employment.


    (d) An offender sentenced to probation or to conditional 
discharge
shall be given a certificate setting forth the 
conditions thereof.


    (e) Except where the offender has committed a fourth or 
subsequent
violation of subsection (c) of Section 6-303 of the 
Illinois Vehicle Code,
the court shall not require as a 
condition of the sentence of
probation or conditional discharge 
that the offender be committed to a
period of imprisonment in 
excess of 6 months.
This 6 month limit shall not include 
periods of confinement given pursuant to
a sentence of county 
impact incarceration under Section 5-8-1.2.

    Persons committed to imprisonment as a condition of 
probation or
conditional discharge shall not be committed to 
the Department of
Corrections.


    (f) The court may combine a sentence of periodic 
imprisonment under
Article 7 or a sentence to a county impact 
incarceration program under
Article 8 with a sentence of 
probation or conditional discharge.


    (g) An offender sentenced to probation or to conditional 
discharge and
who during the term of either undergoes mandatory 
drug or alcohol testing,
or both, or is assigned to be placed 
on an approved electronic monitoring
device, shall be ordered 
to pay all costs incidental to such mandatory drug
or alcohol 
testing, or both, and all costs
incidental to such approved 
electronic monitoring in accordance with the
defendant's 
ability to pay those costs.  The county board with
the 
concurrence of the Chief Judge of the judicial
circuit in which 
the county is located shall establish reasonable fees for
the 
cost of maintenance, testing, and incidental expenses related 
to the
mandatory drug or alcohol testing, or both, and all 
costs incidental to
approved electronic monitoring, involved 
in a successful probation program
for the county.  The 
concurrence of the Chief Judge shall be in the form of
an 
administrative order.
The fees shall be collected by the clerk 
of the circuit court.  The clerk of
the circuit court shall pay 
all moneys collected from these fees to the county
treasurer 
who shall use the moneys collected to defray the costs of
drug 
testing, alcohol testing, and electronic monitoring.
The 
county treasurer shall deposit the fees collected in the
county 
working cash fund under Section 6-27001 or Section 6-29002 of 
the
Counties Code, as the case may be.


    (h) Jurisdiction over an offender may be transferred from 
the
sentencing court to the court of another circuit with the 
concurrence of
both courts.  Further transfers or retransfers of

jurisdiction are also
authorized in the same manner.  The court 
to which jurisdiction has been
transferred shall have the same 
powers as the sentencing court.


    (i) The court shall impose upon an offender
sentenced to 
probation after January 1, 1989 or to conditional discharge

after January 1, 1992  or to community service under the 
supervision of a
probation or court services department after 
January 1, 2004, as a condition of such probation or 
conditional
discharge or supervised community service, a fee of 
$50
 for each month of probation or
conditional
discharge 
supervision or supervised community service ordered by the 
court, unless after
determining the inability of the person 
sentenced to probation or conditional
discharge or supervised 
community service to pay the
fee, the court assesses a lesser 
fee. The court may not impose the fee on a
minor who is made a 
ward of the State under the Juvenile Court Act of 1987
while 
the minor is in placement.
The fee shall be imposed only upon

an offender who is actively supervised by the
probation and 
court services
department.  The fee shall be collected by the 
clerk
of the circuit court.  The clerk of the circuit court 
shall pay all monies


collected from this fee to the county 
treasurer for deposit in the
probation and court services fund 
under Section 15.1 of the
Probation and Probation Officers Act.

    A circuit court may not impose a probation fee under this 
subsection (i) in excess of $25
per month unless: (1) the 
circuit court has adopted, by administrative
order issued by 
the chief judge, a standard probation fee guide
determining an 
offender's ability to pay, under guidelines developed by
the 
Administrative
Office of the Illinois Courts; and (2) the 
circuit court has authorized, by
administrative order issued by 
the chief judge, the creation of a Crime
Victim's Services 
Fund, to be administered by the Chief Judge or his or
her 
designee, for services to crime victims and their families. Of 
the
amount collected as a probation fee, up to $5 of that fee

collected per month may be used to provide services to crime 
victims
and their families.


    This amendatory Act of the 93rd General Assembly deletes 
the $10 increase in the fee  under this subsection that was  
imposed by Public Act 93-616. This deletion is intended to 
control over any other Act of the 93rd General Assembly that 
retains or incorporates that fee increase.
    (i-5) In addition to the fees imposed under subsection (i) 
of this Section,  in the case of an offender convicted of a 
felony sex offense (as defined in the Sex Offender Management 
Board Act) or an offense that the court or probation department 
has determined to be sexually motivated (as defined in the Sex 
Offender Management Board Act), the court or the probation 
department shall assess additional fees to pay for all costs of 
treatment, assessment, evaluation for risk and treatment, and 
monitoring the offender, based on that offender's ability to 
pay those costs either as they occur or under a payment plan.
    (j) All fines and costs imposed under this Section for any 
violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle 
Code, or a similar
provision of a local ordinance, and any 
violation of the Child Passenger
Protection Act, or a similar 
provision of a local ordinance, shall be
collected and 
disbursed by the circuit clerk as provided under Section 27.5

of the Clerks of Courts Act.


    (k) Any offender who is   sentenced to probation or 
conditional discharge for a felony sex offense as defined in 
the Sex Offender Management Board Act or any offense that the 
court or probation department has determined to be sexually 
motivated as defined in the Sex Offender Management Board Act 
shall be required to refrain from any contact, directly or 
indirectly, with any persons specified by the court and shall 
be available for all evaluations and treatment programs 
required by the court or the probation department.

(Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; 
94-556, eff. 9-11-05; 95-331, eff. 8-21-07; 95-464, eff. 
6-1-08; 95-578, eff. 6-1-08; 95-696, eff. 6-1-08; revised 
12-26-07.)
 



    (730 ILCS 5/5-6-3.1)  (from Ch. 38, par. 1005-6-3.1)

    (Text of Section after amendment by P.A. 95-464 and 95-696)
    Sec. 5-6-3.1. Incidents and Conditions of Supervision. 

    (a) When a defendant is placed on supervision, the court 
shall enter
an order for supervision specifying the period of 
such supervision, and
shall defer further proceedings in the 
case until the conclusion of the
period.

    (b) The period of supervision shall be reasonable under all 
of the
circumstances of the case, but may not be longer than 2 
years, unless the
defendant has failed to pay the assessment 
required by Section 10.3 of the
Cannabis Control Act,

Section 
411.2 of the Illinois Controlled
Substances Act,  or Section 80 
of the Methamphetamine Control and Community Protection Act, in 
which case the court may extend supervision beyond 2 years.

Additionally, the court shall order the defendant to perform no 
less than 30
hours of community service and not more than 120 
hours of community service, if
community service is available 
in the
jurisdiction and is funded and approved by the county 
board where the offense
was committed,
when the offense (1) was

related to or in furtherance of the criminal activities of an 
organized gang or
was motivated by the defendant's membership 
in or allegiance to an organized
gang; or (2) is a violation of 
any Section of Article 24 of the Criminal
Code of 1961 where a 
disposition of supervision is not prohibited by Section
5-6-1 
of this Code.
 The
community service shall include, but not be 
limited to, the cleanup and repair
of any damage caused by 
violation of Section 21-1.3 of the Criminal Code of
1961 and 
similar damages to property located within the municipality or 
county
in which the violation occurred.  Where possible and 
reasonable, the community
service should be performed in the 
offender's neighborhood.

    For the purposes of this
Section, "organized gang" has the 
meaning ascribed to it in Section 10 of the
Illinois Streetgang 
Terrorism Omnibus Prevention Act.

    (c) The court may in addition to other reasonable 
conditions
relating to the nature of the offense or the 
rehabilitation of the
defendant as determined for each 
defendant in the proper discretion of
the court require that 
the person:


        (1) make a report to and appear in person before or 
    participate with
the court or such courts, person, or 
    social service agency as directed
by the court in the order 
    of supervision;


        (2) pay a fine and costs;


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


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


        (5) attend or reside in a facility established for the 
    instruction
or residence of defendants on probation;


        (6) support his dependents;


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


        (8) and 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;


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


            (v) with the consent of the superintendent of the

        facility, attend an educational program at a facility 
        other than the school
in which the
offense was 
        committed if he
or she is placed on supervision for a 
        crime of violence as
defined in
Section 2 of the Crime 
        Victims Compensation Act committed in a school, on the

        real
property
comprising a school, or within 1,000 feet 
        of the real property comprising a
school;


        (9) make restitution or reparation in an amount not to 
    exceed actual
loss or damage to property and pecuniary loss 
    or make restitution under Section
5-5-6 to a domestic 
    violence shelter.  The court shall
determine the amount and 
    conditions of payment;


        (10) perform some reasonable public or community 
    service;


        (11) comply with the terms and conditions of an order 
    of protection
issued by the court pursuant to the Illinois 
    Domestic Violence Act of 1986 or
an order of protection 
    issued by the court of another state, tribe, or United

    States territory.
If the court has ordered the defendant to 
    make a report and appear in
person under paragraph (1) of 
    this subsection, a copy of the order of
protection shall be 
    transmitted to the person or agency so designated
by the 
    court;


        (12) reimburse any "local anti-crime program" as 
    defined in Section 7 of
the Anti-Crime Advisory Council Act 
    for any reasonable expenses incurred by the
program on the 
    offender's case, not to exceed the maximum amount of the

    fine authorized for the offense for which the defendant was 
    sentenced;


        (13) contribute a reasonable sum of money, not to

    exceed the maximum amount of the fine authorized for the 
    offense for which
the defendant was sentenced, (i) to a 
    "local anti-crime program", as defined
in Section 7 of the 
    Anti-Crime Advisory Council Act, or (ii) for offenses under 
    the jurisdiction of the Department of Natural Resources, to 
    the fund established by the Department of Natural Resources 
    for the purchase of evidence for investigation purposes and 
    to conduct investigations as outlined in Section 805-105 of 
    the Department of Natural Resources (Conservation) Law;


        (14) refrain from entering into a designated 
    geographic area except
upon such terms as the court finds 
    appropriate.  Such terms may include
consideration of the 
    purpose of the entry, the time of day, other persons

    accompanying the defendant, and advance approval by a 
    probation officer;


        (15) refrain from having any contact, directly or 
    indirectly, with
certain specified persons or particular 
    types of person, including but not
limited to members of 
    street gangs and drug users or dealers;


        (16) refrain from having in his or her body the 
    presence of any illicit
drug prohibited by the Cannabis 
    Control Act, the Illinois Controlled
Substances Act, or the 
    Methamphetamine Control and Community Protection Act, 
    unless prescribed by a physician, and submit samples of
his 
    or her blood or urine or both for tests to determine the 
    presence of any
illicit drug;


        (17) refrain from operating any motor vehicle not 
    equipped with an
ignition interlock device as defined in 
    Section 1-129.1 of the Illinois
Vehicle Code; under .  Under 
    this condition the court may allow a defendant who is not

    self-employed to operate a vehicle owned by the defendant's 
    employer that is
not equipped with an ignition interlock 
    device in the course and scope of the
defendant's 
    employment; and


        (18) if placed on supervision for 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.
    (d) The court shall defer entering any judgment on the 
charges
until the conclusion of the supervision.

    (e) At the conclusion of the period of supervision, if the 
court
determines that the defendant has successfully complied 
with all of the
conditions of supervision, the court shall 
discharge the defendant and
enter a judgment dismissing the 
charges.

    (f) Discharge and dismissal upon a successful conclusion of 
a
disposition of supervision shall be deemed without 
adjudication of guilt
and shall not be termed a conviction for 
purposes of disqualification or
disabilities imposed by law 
upon conviction of a crime.  Two years after the
discharge and 
dismissal under this Section, unless the disposition of

supervision was for a violation of Sections 3-707, 3-708, 
3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a 
similar
provision of a local ordinance, or for a violation of 
Sections 12-3.2
or 16A-3 of the Criminal Code of 1961, in which 
case it shall be 5
years after discharge and dismissal, a 
person may have his record
of arrest sealed or expunged as may 
be provided by law.  However, any
defendant placed on 
supervision before January 1, 1980, may move for
sealing or 
expungement of his arrest record, as provided by law, at any

time after discharge and dismissal under this Section.
A person 
placed on supervision for a sexual offense committed against a 
minor
as defined in subsection (g) of Section 5 of the Criminal 
Identification Act
or for a violation of Section 11-501 of the 
Illinois Vehicle Code or a
similar provision of a local 
ordinance
shall not have his or her record of arrest sealed or 
expunged.

    (g) A defendant placed on supervision and who during the 
period of
supervision undergoes mandatory drug or alcohol 
testing, or both, or is
assigned to be placed on an approved 
electronic monitoring device, shall be
ordered to pay the costs 
incidental to such mandatory drug or alcohol
testing, or both, 
and costs incidental to such approved electronic
monitoring in 
accordance with the defendant's ability to pay those costs.
The 
county board with the concurrence of the Chief Judge of the 
judicial
circuit in which the county is located shall establish 
reasonable fees for
the cost of maintenance, testing, and 
incidental expenses related to the
mandatory drug or alcohol 
testing, or both, and all costs incidental to
approved 
electronic monitoring, of all defendants placed on 
supervision.
The concurrence of the Chief Judge shall be in the 
form of an
administrative order.
The fees shall be collected by 
the clerk of the circuit court.  The clerk of
the circuit court 
shall pay all moneys collected from these fees to the county

treasurer who shall use the moneys collected to defray the 
costs of
drug testing, alcohol testing, and electronic 
monitoring.
The county treasurer shall deposit the fees 
collected in the
county working cash fund under Section 6-27001 
or Section 6-29002 of the
Counties Code, as the case may be.

    (h) A disposition of supervision is a final order for the 
purposes
of appeal.

    (i) The court shall impose upon a defendant placed on 
supervision
after January 1, 1992 or to community service under 
the supervision of a
probation or court services department 
after January 1, 2004, as a condition
of supervision or 
supervised community service, a fee of $50 for
each month of 
supervision or supervised community service ordered by the

court, unless after
determining the inability of the person 
placed on supervision or supervised
community service to pay 
the
fee, the court assesses a lesser fee. The court may not 
impose the fee on a
minor who is made a ward of the State under 
the Juvenile Court Act of 1987
while the minor is in placement.

The fee shall be imposed only upon a
defendant who is actively 
supervised by the
probation and court services
department.  The 
fee shall be collected by the clerk of the circuit court.
The 
clerk of the circuit court shall pay all monies collected from 
this fee
to the county treasurer for deposit in the probation 
and court services
fund pursuant to Section 15.1 of the 
Probation and
Probation Officers Act.

    A circuit court may not impose a probation fee in excess of 
$25
per month unless: (1) the circuit court has adopted, by 
administrative
order issued by the chief judge, a standard 
probation fee guide
determining an offender's ability to pay, 
under guidelines developed by
the Administrative
Office of the 
Illinois Courts; and (2) the circuit court has authorized, by

administrative order issued by the chief judge, the creation of 
a Crime
Victim's Services Fund, to be administered by the Chief 
Judge or his or
her designee, for services to crime victims and 
their families. Of the
amount collected as a probation fee, not 
to exceed $5 of that fee
collected per month may be used to 
provide services to crime victims
and their families.

    (j) All fines and costs imposed under this Section for any

violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle 
Code, or a
similar provision of a local ordinance, and any 
violation of the Child
Passenger Protection Act, or a similar 
provision of a local ordinance, shall
be collected and 
disbursed by the circuit clerk as provided under Section
27.5 
of the Clerks of Courts Act.

    (k) A defendant at least 17 years of age who is placed on 
supervision
for a misdemeanor in a county of 3,000,000 or more 
inhabitants
and who has not been previously convicted of a 
misdemeanor or felony
may as a condition of his or her 
supervision be required by the court to
attend educational 
courses designed to prepare the defendant for a high school

diploma and to work toward a high school diploma or to work 
toward passing the
high school level Test of General 
Educational Development (GED) or to work
toward completing a 
vocational training program approved by the court.  The

defendant placed on supervision must attend a public 
institution of education
to obtain the educational or 
vocational training required by this subsection
(k).  The 
defendant placed on supervision shall be required to pay for 
the cost
of the educational courses or GED test, if a fee is 
charged for those courses
or test.  The court shall revoke the 
supervision of a person who wilfully fails
to comply with this 
subsection (k).  The court shall resentence the defendant
upon 
revocation of supervision as provided in Section 5-6-4.  This 
subsection
(k) does not apply to a defendant who has a high 
school diploma or has
successfully passed the GED test. This 
subsection (k) does not apply to a
defendant who is determined 
by the court to be developmentally disabled or
otherwise 
mentally incapable of completing the
educational or vocational 
program.

    (l) The court shall require a defendant placed on 
supervision for
possession of a substance
prohibited by the 
Cannabis Control Act, the Illinois Controlled Substances Act, 
or the Methamphetamine Control and Community Protection Act

after a previous conviction or disposition of supervision for 
possession of a
substance prohibited by the Cannabis Control 
Act, the Illinois Controlled
Substances Act, or the 
Methamphetamine Control and Community Protection Act or a 
sentence of probation under Section 10 of the Cannabis
Control 
Act or Section 410 of the Illinois Controlled Substances Act

and after a finding by the court that the person is addicted, 
to undergo
treatment at a substance abuse program approved by 
the court.

    (m) The Secretary of State shall require anyone placed on 
court supervision
for a
violation of Section 3-707 of the 
Illinois Vehicle Code or a similar provision
of a local 
ordinance
to give proof of his or her financial
responsibility 
as
defined in Section 7-315 of the Illinois Vehicle Code.  The 
proof shall be
maintained by the individual in a manner 
satisfactory to the Secretary of State
for
a
minimum period of 
3 years after the date the proof is first filed.
The proof 
shall be limited to a single action per arrest and may not be

affected by any post-sentence disposition.  The Secretary of 
State shall
suspend the driver's license of any person

determined by the Secretary to be in violation of this 
subsection.
    (n) Any offender placed on supervision for any offense that 
the court or probation department has determined to be sexually 
motivated as defined in the Sex Offender Management Board Act 
shall be required to refrain from any contact, directly or 
indirectly, with any persons specified by the court and shall 
be available for all evaluations and treatment programs 
required by the court or the probation department.


    (o) An offender placed on supervision for a sex offense as 
defined in the Sex Offender
Management Board Act shall  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 
subsection (o) do not apply to a person convicted of a sex 
offense who is placed in a Department of Corrections licensed 
transitional housing facility for sex offenders.
    (p)  An offender placed on supervision for an offense  
committed on or after June 1, 2008
(the effective date of 
Public Act 95-464)
this amendatory Act of the 95th General 
Assembly that would qualify the accused as a child sex offender 
as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
1961 shall refrain from communicating with or contacting, by 
means of the Internet,  a person who is not related to the 
accused and whom the accused reasonably believes to be under 18 
years of age. For purposes of this subsection (p), "Internet" 
has the meaning ascribed to it in Section 16J-5 of the Criminal 
Code of 1961, as added by Public Act 94-179; and a person is 
not related to the accused if the person is  not: (i) the 
spouse, brother, or sister of the accused;  (ii) a descendant of 
the accused; (iii) a first or second cousin of the accused; or 
(iv) a step-child or adopted child of the accused.

    (q)  An offender placed on supervision for an offense  
committed on or after June 1, 2008
(the effective date of 
Public Act 95-464)
this amendatory Act of the 95th General 
Assembly that would qualify the accused as a child sex offender 
as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
1961 shall, if so ordered by the court,  refrain from 
communicating with or contacting, by means of the Internet,  a 
person who is related to the accused and whom the accused 
reasonably believes to be under 18 years of age. For purposes 
of this subsection (q), "Internet" has the meaning ascribed to 
it in Section 16J-5 of the Criminal Code of 1961, as added by 
Public Act 94-179; and a person is related to the accused if 
the person is: (i) the spouse, brother, or sister of the 
accused;  (ii) a descendant of the accused; (iii) a first or 
second cousin of the accused; or (iv) a step-child or adopted 
child of the accused.

    (r) An offender placed on supervision for an offense under 
Section 11-6, 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of 
the Criminal Code of 1961, or any attempt to commit any of 
these offenses, committed on or after the effective date of 
this amendatory Act of the 95th General Assembly shall:
        (i) not access or use a computer or any other device 
    with Internet capability without the prior written 
    approval of the court, except in connection with the 
    offender's employment or search for employment with the 
    prior approval of the court;
        (ii) submit to periodic unannounced examinations of 
    the offender's computer or any other device with Internet 
    capability by the offender's probation officer, a law 
    enforcement officer, or assigned computer or information 
    technology specialist, including the retrieval and copying 
    of all data from the computer or device and any internal or 
    external peripherals and removal of such information, 
    equipment, or device to conduct a more thorough inspection;
        (iii) submit to the installation on the offender's 
    computer or device with Internet capability, at the 
    offender's expense, of one or more hardware or software 
    systems to monitor the Internet use; and
        (iv) submit to any other appropriate restrictions 
    concerning the offender's use of or access to a computer or 
    any other device with Internet capability imposed by the 
    court. 
(Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05; 
94-556, eff. 9-11-05; 95-211, eff. 1-1-08; 95-331, eff. 
8-21-07; 95-464, eff. 6-1-08; 95-696, eff. 6-1-08; revised 
11-19-07.)




 



    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)


    Sec. 5-8-1. Sentence of Imprisonment for Felony. 

    (a) Except as otherwise provided in the statute defining 
the offense, a
sentence of imprisonment for a felony shall be a 
determinate sentence set by
the court under this Section, 
according to the following limitations:


        (1) for first degree murder,


            (a) a term shall be not less than 20 years
and not 
        more than 60 years, or


            (b) if a trier of fact finds beyond a reasonable

        doubt that the murder was accompanied by exceptionally

        brutal or heinous behavior indicative of wanton 
        cruelty or, except as set forth
in subsection (a)(1)(c) 
        of this Section, that any of the aggravating factors

        listed in subsection (b) of Section 9-1 of the Criminal 
        Code of 1961 are
present, the court may sentence the 
        defendant to a term of natural life
imprisonment, or


            (c) the court shall sentence the defendant to a 
        term of natural life
imprisonment when the death 
        penalty is not imposed if the defendant,


                (i) has previously been convicted of first 
            degree murder under
any state or federal law, or


                (ii) is a person who, at the time of the 
            commission of the murder,
had attained the age of 
            17 or more and is found guilty of murdering an

            individual under 12 years of age; or, irrespective 
            of the defendant's age at
the time of the 
            commission of the offense, is found guilty of 
            murdering more
than one victim, or


                (iii) is found guilty of murdering a peace 
            officer, fireman, or emergency management worker 
            when
the peace officer, fireman, or emergency 
            management worker was killed in the course of 
            performing his
official duties, or to prevent the 
            peace officer or fireman from
performing his 
            official duties, or in retaliation for the peace 
            officer,
fireman, or emergency management worker 
            from performing his official duties, and the 
            defendant knew or should
have known that the 
            murdered individual was a peace officer, fireman, 
            or emergency management worker, or


                (iv) is found guilty of murdering an employee 
            of an institution or
facility of the Department of 
            Corrections, or any similar local
correctional 
            agency, when the employee was killed in the course 
            of
performing his official duties, or to prevent 
            the employee from performing
his official duties, 
            or in retaliation for the employee performing his

            official duties, or


                (v) is found guilty of murdering an emergency 
            medical
technician - ambulance, emergency medical 
            technician - intermediate, emergency
medical 
            technician - paramedic, ambulance driver or other 
            medical assistance or
first aid person while 
            employed by a municipality or other governmental 
            unit
when the person was killed in the course of 
            performing official duties or
to prevent the 
            person from performing official duties or in 
            retaliation
for performing official duties and the 
            defendant knew or should have known
that the 
            murdered individual was an emergency medical 
            technician - ambulance,
emergency medical 
            technician - intermediate, emergency medical

            technician - paramedic, ambulance driver, or other 
            medical
assistant or first aid personnel, or


                (vi) is a person who, at the time of the 
            commission of the murder,
had not attained the age 
            of 17, and is found guilty of murdering a person 
            under
12 years of age and the murder is committed 
            during the course of aggravated
criminal sexual 
            assault, criminal sexual assault, or aggravated 
            kidnaping,
or


                (vii) is found guilty of first degree murder 
            and the murder was
committed by reason of any 
            person's activity as a community policing 
            volunteer
or to prevent any person from engaging in 
            activity as a community policing
volunteer.  For 
            the purpose of this Section, "community policing 
            volunteer"
has the meaning ascribed to it in 
            Section 2-3.5 of the Criminal Code of 1961.


            For purposes of clause (v), "emergency medical 
        technician - ambulance",
"emergency medical technician -
         intermediate", "emergency medical technician -

        paramedic", have the meanings ascribed to them in the 
        Emergency Medical
Services (EMS) Systems Act.


            (d) (i) if the person committed the offense while 
            armed with a
firearm, 15 years shall be added to 
            the term of imprisonment imposed by the
court;


                (ii) if, during the commission of the offense, 
            the person
personally discharged a firearm, 20 
            years shall be added to the term of
imprisonment 
            imposed by the court;


                (iii) if, during the commission of the 
            offense, the person
personally discharged a 
            firearm that proximately caused great bodily harm,

            permanent disability, permanent disfigurement, or 
            death to another person, 25
years or up to a term 
            of natural life shall be added to the term of

            imprisonment imposed by the court.


        (1.5) for second degree murder, a term shall be not 
    less than 4 years
and not more than 20 years;


        (2) for a person adjudged a habitual criminal under 
    Article 33B of
the Criminal Code of 1961, as amended, the 
    sentence shall be a term of
natural life imprisonment;


        (2.5) for a person convicted under the circumstances 
    described in
paragraph (3) of subsection (b) of Section 
    12-13, paragraph (2) of subsection
(d) of Section 12-14, 
    paragraph (1.2) of subsection (b) of
Section 12-14.1, or 
    paragraph (2) of subsection (b) of Section 12-14.1
of the 
    Criminal Code of 1961, the sentence shall be a term of 
    natural life
imprisonment;


        (3) except as otherwise provided in the statute 
    defining the
offense, for a Class X felony, the sentence 
    shall be not less than 6
years and not more than 30 years;


        (4) for a Class 1 felony, other than second degree 
    murder, the sentence
shall be not less than 4 years and not 
    more than 15 years;


        (5) for a Class 2 felony, the sentence shall be not 
    less than 3
years and not more than 7 years;


        (6) for a Class 3 felony, the sentence shall be not 
    less than 2
years and not more than 5 years;


        (7) for a Class 4 felony, the sentence shall be not 
    less than 1 year
and not more than 3 years.

    (b) The sentencing judge in each felony conviction shall 
set forth
his reasons for imposing the particular sentence he 
enters in the case,
as provided in Section 5-4-1 of this Code.  
Those reasons may include
any mitigating or aggravating factors 
specified in this Code, or the
lack of any such circumstances, 
as well as any other such factors as the
judge shall set forth 
on the record that are consistent with the
purposes and 
principles of sentencing set out in this Code.

    (c) A motion to reduce a sentence may be made, or the court 
may reduce
a sentence without motion, within 30 days after the 
sentence is imposed.
A defendant's challenge to the correctness 
of a sentence or to any aspect of
the sentencing hearing shall 
be made by a written motion filed within 30 days
following the 
imposition of sentence.  However, the court may not increase a

sentence once it is imposed.

    If a motion filed pursuant to this subsection is timely 
filed within 30 days
after the sentence is imposed, the 
proponent of the motion shall exercise due
diligence in seeking 
a determination on the motion and the court shall
thereafter 
decide such motion within a reasonable time.

    If a motion filed pursuant to this subsection is timely 
filed within 30 days
after the sentence is imposed, then for 
purposes of perfecting an appeal, a
final judgment shall not be 
considered to have been entered until the motion to
reduce a 
sentence has been decided by order entered by the trial court.

    A motion filed pursuant to this subsection shall not be 
considered to have
been timely
filed unless it is filed with 
the circuit court clerk within 30 days after
the sentence is 
imposed together with a notice of motion, which notice of

motion shall set the motion on the court's calendar on a date 
certain within
a reasonable time after the date of filing.

    (d) Except where a term of natural life is imposed, every 
sentence
shall include as though written therein a term in 
addition to the term
of imprisonment. For those sentenced under 
the law in effect prior to
February 1, 1978, such term shall be 
identified as a parole
term.  For those sentenced on or after 
February 1, 1978, such term
shall be identified as a mandatory 
supervised release term.  Subject to
earlier termination under 
Section 3-3-8, the parole or mandatory
supervised release term 
shall be as follows:


        (1) for first degree murder or a Class X felony except 
    for the offenses of predatory criminal sexual assault of a 
    child, aggravated criminal sexual assault, and criminal 
    sexual assault if committed on or after the effective date 
    of this amendatory Act of the 94th General Assembly and 
    except for the offense of aggravated child pornography 
    under Section 11-20.3 of the Criminal Code of 1961, if 
    committed on or after January 1, 2009, 3 years;


        (2) for a Class 1 felony or a Class 2 felony except for 
    the offense of criminal sexual assault if committed on or 
    after the effective date of this amendatory Act of the 94th 
    General Assembly and except for the offenses of manufacture 
    and dissemination of child pornography  under clauses 
    (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code 
    of 1961, if committed on or after January 1, 2009, 2 years;


        (3) for a Class 3 felony or a Class 4 felony, 1 year;


        (4) for defendants who commit the offense of predatory 
    criminal sexual assault of a child, aggravated criminal 
    sexual assault, or criminal sexual assault, on or after the 
    effective date of this amendatory Act of the 94th General 
    Assembly, or who commit the offense of aggravated child 
    pornography, manufacture of child pornography, or 
    dissemination of child pornography after January 1, 2009, 
    the term of mandatory supervised release shall range from a 
    minimum of 3 years to a maximum of the natural life of the 
    defendant;


        (5) if the victim is under 18 years of age, for a 
    second or subsequent
offense of aggravated criminal sexual 
    abuse or felony criminal sexual abuse,
4 years, at least 
    the first 2 years of which the defendant shall serve in an

    electronic home detention program under Article 8A of 
    Chapter V of this Code.

    (e) A defendant who has a previous and unexpired sentence 
of
imprisonment imposed by another state or by any district 
court of the
United States and who, after sentence for a
crime 
in Illinois, must return to serve the unexpired prior sentence 
may
have his sentence by the Illinois court ordered to be 
concurrent with
the prior sentence in the other state. The 
court may order that any time
served on the unexpired portion 
of the sentence in the other state,
prior to his return to 
Illinois, shall be credited on his Illinois
sentence. The other 
state shall be furnished with a copy of the order
imposing 
sentence which shall provide that, when the offender is

released from confinement of the other state, whether by parole 
or by
termination of sentence, the offender shall be 
transferred by the
Sheriff of the committing county to the 
Illinois Department of
Corrections. The court shall cause the 
Department of Corrections to be
notified of such sentence at 
the time of commitment and to be provided
with copies of all 
records regarding the sentence.

    (f) A defendant who has a previous and unexpired sentence 
of imprisonment
imposed by an Illinois circuit court for a 
crime in this State and who is
subsequently sentenced to a term 
of imprisonment by another state or by
any district court of 
the United States and who has served a term of
imprisonment 
imposed by the other state or district court of the United

States, and must  return to serve the unexpired prior sentence 
imposed by
the Illinois Circuit Court may apply to the court 
which imposed sentence to
have his sentence reduced.

    The circuit court may order that any time served on the 
sentence imposed
by the other state or district court of the 
United States be credited on
his Illinois sentence. Such 
application for  reduction of a sentence under
this subsection 
(f) shall be made within 30 days after the defendant has

completed the sentence imposed by the other state or district 
court of the
United States.

(Source: P.A. 94-165, eff. 7-11-05; 94-243, eff. 1-1-06; 
94-715, eff. 12-13-05.)

 
    Section 999. Effective date. Sections 1, 5, 10, 15, 20, and 
this Section  take effect upon becoming law.