HUMAN TRAFFICKING

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3987

Introduced 2/6/2026, by Sen. Jason Plummer

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Police Training Act. Includes, in the minimum
curriculum for police training schools, training in investigating domestic
minor sex trafficking. Amends the Abused and Neglected Child Reporting
Act. Provides that a child shall be considered abused regardless of the
perpetrator of the abuse if the child is a human trafficking victim. Amends
the Juvenile Court Act of 1987. Provides for immediate expungement of
juvenile court and law enforcement records of minors who are human
trafficking victims involved in prostitution. Amends the Criminal Code of
2012. Deletes a provision that provides that commercial sexual activity
and sexually-explicit performances are forms of activities that are
"services" under the human trafficking statute. Provides that involuntary
sexual servitude of a minor includes purchasing sexual services of the
minor whether from the trafficker or the minor. Provides that it is not a
defense to involuntary sexual servitude of a minor that the accused
reasonably believed the trafficking victim to be 18 years of age or over.
Eliminates other mistake of age defenses concerning grooming and
patronizing a minor engaged in prostitution. Provides that a person who is
a victim of involuntary sexual servitude of a minor is deemed a crime
victim and is eligible for protections afforded to crime victims. Amends
the Code of Criminal Procedure of 1963 to permit a motion to vacate an
adjudication of delinquency of a human trafficking victim who engaged in
prostitution. Amends the Sex Offender Registration Act. Makes violations
concerning trafficking in persons, involuntary servitude, and related
offenses registrable offenses under the Act. Amends the Crime Victims
Compensation Act to provide that a trafficking victim who is under 18 years
of age is not subject to the filing requirements of the Act and is not
subject to the eligibility requirements of the Act.
LRB104 19561 RLC 33009 b

A BILL FOR

SB3987
LRB104 19561 RLC 33009 b
1

AN ACT concerning human trafficking.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Police Training Act is amended by
5
changing Section 7 as follows:

6

(50 ILCS 705/7)
7

Sec. 7.
Rules and standards for schools.
The Board shall
8
adopt rules and minimum standards for such schools which shall
9
include, but not be limited to, the following:
10

a. The curriculum for probationary law enforcement
11

officers which shall be offered by all certified schools
12

shall include, but not be limited to, courses of
13

procedural justice, arrest and use and control tactics,
14

search and seizure, including temporary questioning, civil
15

rights, human rights, human relations, cultural
16

competency, including implicit bias and racial and ethnic
17

sensitivity, criminal law, law of criminal procedure,
18

constitutional and proper use of law enforcement
19

authority, crisis intervention training, vehicle and
20

traffic law including uniform and non-discriminatory
21

enforcement of the Illinois Vehicle Code, traffic control
22

and crash investigation, techniques of obtaining physical
23

evidence, court testimonies, statements, reports, firearms

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1

training, training in the use of electronic control
2

devices, including the psychological and physiological
3

effects of the use of those devices on humans, first aid
4

(including cardiopulmonary resuscitation), training in the
5

administration of opioid antagonists as defined in
6

paragraph (1) of subsection (e) of Section 5-23 of the
7

Substance Use Disorder Act, handling of juvenile
8

offenders, recognition of mental conditions and crises,
9

including, but not limited to, the disease of addiction,
10

which require immediate assistance and response and
11

methods to safeguard and provide assistance to a person in
12

need of mental treatment, recognition of abuse, neglect,
13

financial exploitation, and self-neglect of adults with
14

disabilities and older adults, as defined in Section 2 of
15

the Adult Protective Services Act, crimes against the
16

elderly,
training in investigating domestic minor sex
17

trafficking,
law of evidence, the hazards of high-speed
18

police vehicle chases with an emphasis on alternatives to
19

the high-speed chase, and physical training. The
20

curriculum shall include a block of instruction addressing
21

trauma-informed programs, procedures, and practices meant
22

to minimize traumatization of the victim. The curriculum
23

shall include specific training in techniques for
24

immediate response to and investigation of cases of
25

domestic violence and of sexual assault of adults and
26

children, including cultural perceptions and common myths

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1

of sexual assault and sexual abuse as well as interview
2

techniques that are age sensitive and are trauma informed,
3

victim centered, and victim sensitive. The curriculum
4

shall include training in techniques designed to promote
5

effective communication at the initial contact with crime
6

victims and ways to comprehensively explain to victims and
7

witnesses their rights under the Rights of Crime Victims
8

and Witnesses Act and the Crime Victims Compensation Act.
9

The curriculum shall also include training in effective
10

recognition of and responses to stress, trauma, and
11

post-traumatic stress experienced by law enforcement
12

officers that is consistent with Section 25 of the
13

Illinois Mental Health First Aid Training Act in a peer
14

setting, including recognizing signs and symptoms of
15

work-related cumulative stress, issues that may lead to
16

suicide, and solutions for intervention with peer support
17

resources. The curriculum shall include a block of
18

instruction addressing the mandatory reporting
19

requirements under the Abused and Neglected Child
20

Reporting Act. The curriculum shall also include a block
21

of instruction aimed at identifying and interacting with
22

persons with autism and other developmental or physical
23

disabilities, reducing barriers to reporting crimes
24

against persons with autism, and addressing the unique
25

challenges presented by cases involving victims or
26

witnesses with autism and other developmental

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LRB104 19561 RLC 33009 b
1

disabilities. The curriculum shall include training in the
2

detection and investigation of all forms of human
3

trafficking. The curriculum shall also include instruction
4

in trauma-informed responses designed to ensure the
5

physical safety and well-being of a child of an arrested
6

parent or immediate family member; this instruction must
7

include, but is not limited to: (1) understanding the
8

trauma experienced by the child while maintaining the
9

integrity of the arrest and safety of officers, suspects,
10

and other involved individuals; (2) de-escalation tactics
11

that would include the use of force when reasonably
12

necessary; and (3) inquiring whether a child will require
13

supervision and care. The curriculum for probationary law
14

enforcement officers shall include: (1) at least 12 hours
15

of hands-on, scenario-based role-playing; (2) at least 6
16

hours of instruction on use of force techniques, including
17

the use of de-escalation techniques to prevent or reduce
18

the need for force whenever safe and feasible; (3)
19

specific training on officer safety techniques, including
20

cover, concealment, and time; and (4) at least 6 hours of
21

training focused on high-risk traffic stops. The
22

curriculum for permanent law enforcement officers shall
23

include, but not be limited to: (1) refresher and
24

in-service training in any of the courses listed above in
25

this subparagraph, (2) advanced courses in any of the
26

subjects listed above in this subparagraph, (3) training

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1

for supervisory personnel, and (4) specialized training in
2

subjects and fields to be selected by the board. The
3

training in the use of electronic control devices shall be
4

conducted for probationary law enforcement officers,
5

including University police officers. The curriculum shall
6

also include training on the use of a firearms restraining
7

order by providing instruction on the process used to file
8

a firearms restraining order and how to identify
9

situations in which a firearms restraining order is
10

appropriate.
11

b. Minimum courses of study, attendance requirements
12

and equipment requirements.
13

c. Minimum requirements for instructors.
14

d. Minimum basic training requirements, which a
15

probationary law enforcement officer must satisfactorily
16

complete before being eligible for permanent employment as
17

a local law enforcement officer for a participating local
18

governmental or State governmental agency. Those
19

requirements shall include training in first aid
20

(including cardiopulmonary resuscitation).
21

e. Minimum basic training requirements, which a
22

probationary county corrections officer must
23

satisfactorily complete before being eligible for
24

permanent employment as a county corrections officer for a
25

participating local governmental agency.
26

f. Minimum basic training requirements which a

SB3987
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LRB104 19561 RLC 33009 b
1

probationary court security officer must satisfactorily
2

complete before being eligible for permanent employment as
3

a court security officer for a participating local
4

governmental agency. The Board shall establish those
5

training requirements which it considers appropriate for
6

court security officers and shall certify schools to
7

conduct that training.
8

A person hired to serve as a court security officer
9

must obtain from the Board a certificate (i) attesting to
10

the officer's successful completion of the training
11

course; (ii) attesting to the officer's satisfactory
12

completion of a training program of similar content and
13

number of hours that has been found acceptable by the
14

Board under the provisions of this Act; or (iii) attesting
15

to the Board's determination that the training course is
16

unnecessary because of the person's extensive prior law
17

enforcement experience.
18

Individuals who currently serve as court security
19

officers shall be deemed qualified to continue to serve in
20

that capacity so long as they are certified as provided by
21

this Act within 24 months of June 1, 1997 (the effective
22

date of Public Act 89-685). Failure to be so certified,
23

absent a waiver from the Board, shall cause the officer to
24

forfeit his or her position.
25

All individuals hired as court security officers on or
26

after June 1, 1997 (the effective date of Public Act

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1

89-685) shall be certified within 12 months of the date of
2

their hire, unless a waiver has been obtained by the
3

Board, or they shall forfeit their positions.
4

The Sheriff's Merit Commission, if one exists, or the
5

Sheriff's Office if there is no Sheriff's Merit
6

Commission, shall maintain a list of all individuals who
7

have filed applications to become court security officers
8

and who meet the eligibility requirements established
9

under this Act. Either the Sheriff's Merit Commission, or
10

the Sheriff's Office if no Sheriff's Merit Commission
11

exists, shall establish a schedule of reasonable intervals
12

for verification of the applicants' qualifications under
13

this Act and as established by the Board.
14

g. Minimum in-service training requirements, which a
15

law enforcement officer must satisfactorily complete every
16

3 years. Those requirements shall include constitutional
17

and proper use of law enforcement authority; procedural
18

justice; civil rights; human rights; reporting child abuse
19

and neglect; autism-informed law enforcement responses,
20

techniques, and procedures; trauma-informed programs,
21

procedures, and practices meant to minimize traumatization
22

of the victim; and cultural competency, including implicit
23

bias and racial and ethnic sensitivity. These trainings
24

shall consist of at least 30 hours of training every 3
25

years.
26

h. Minimum in-service training requirements, which a

SB3987
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LRB104 19561 RLC 33009 b
1

law enforcement officer must satisfactorily complete at
2

least annually. Those requirements shall include law
3

updates, emergency medical response training and
4

certification, crisis intervention training, and officer
5

wellness and mental health.
6

i. Minimum in-service training requirements as set
7

forth in Section 10.6.
8

Notwithstanding any provision of law to the contrary, the
9
changes made to this Section by Public Act 101-652, Public Act
10
102-28, and Public Act 102-694 take effect July 1, 2022.
11
(Source: P.A. 103-154, eff. 6-30-23; 103-949, eff. 1-1-25;
12
104-84, eff. 1-1-26
.)

13

Section 10.
The Abused and Neglected Child Reporting Act
14
is amended by changing Section 3 as follows:

15

(325 ILCS 5/3)

(from Ch. 23, par. 2053)
16

Sec. 3.
As used in this Act unless the context otherwise
17
requires:
18

"Adult resident" means any person between 18 and 22 years
19
of age who resides in any facility licensed by the Department
20
under the Child Care Act of 1969. For purposes of this Act, the
21
criteria set forth in the definitions of "abused child" and
22
"neglected child" shall be used in determining whether an
23
adult resident is abused or neglected.
24

"Agency" means a child care facility licensed under

SB3987
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1
Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
2
includes a transitional living program that accepts children
3
and adult residents for placement who are in the guardianship
4
of the Department.
5

"Blatant disregard" means an incident where the real,
6
significant, and imminent risk of harm would be so obvious to a
7
reasonable parent or caretaker that it is unlikely that a
8
reasonable parent or caretaker would have exposed the child to
9
the danger without exercising precautionary measures to
10
protect the child from harm. With respect to a person working
11
at an agency in the person's professional capacity with a
12
child or adult resident, "blatant disregard" includes a
13
failure by the person to perform job responsibilities intended
14
to protect the child's or adult resident's health, physical
15
well-being, or welfare, and, when viewed in light of the
16
surrounding circumstances, evidence exists that would cause a
17
reasonable person to believe that the child was neglected.
18
With respect to an agency, "blatant disregard" includes a
19
failure to implement practices that ensure the health,
20
physical well-being, or welfare of the children and adult
21
residents residing in the facility.
22

"Child" means any person under the age of 18 years, unless
23
legally emancipated by reason of marriage or entry into a
24
branch of the United States armed services.
25

"Department" means Department of Children and Family
26
Services.

SB3987
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LRB104 19561 RLC 33009 b
1

"Local law enforcement agency" means the police of a city,
2
town, village or other incorporated area or the sheriff of an
3
unincorporated area or any sworn officer of the Illinois State
4
Police.
5

"Abused child" means a child whose parent or immediate
6
family member, or any person responsible for the child's
7
welfare, or any individual residing in the same home as the
8
child, or a paramour of the child's parent:
9

(a) inflicts, causes to be inflicted, or allows to be
10

inflicted upon such child physical injury, by other than
11

accidental means, which causes death, disfigurement,
12

impairment of physical or emotional health, or loss or
13

impairment of any bodily function;
14

(b) creates a substantial risk of physical injury to
15

such child by other than accidental means which would be
16

likely to cause death, disfigurement, impairment of
17

physical or emotional health, or loss or impairment of any
18

bodily function;
19

(c) commits or allows to be committed any sex offense
20

against such child, as such sex offenses are defined in
21

the Criminal Code of 2012 or in the Wrongs to Children Act,
22

and extending those definitions of sex offenses to include
23

children under 18 years of age;
24

(d) commits or allows to be committed an act or acts of
25

torture upon such child;
26

(e) inflicts excessive corporal punishment or, in the

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1

case of a person working for an agency who is prohibited
2

from using corporal punishment, inflicts corporal
3

punishment upon a child or adult resident with whom the
4

person is working in the person's professional capacity;
5

(f) commits or allows to be committed the offense of
6

female genital mutilation, as defined in Section 12-34 of
7

the Criminal Code of 2012, against the child;
8

(g) causes to be sold, transferred, distributed, or
9

given to such child under 18 years of age, a controlled
10

substance as defined in Section 102 of the Illinois
11

Controlled Substances Act in violation of Article IV of
12

the Illinois Controlled Substances Act or in violation of
13

the Methamphetamine Control and Community Protection Act,
14

except for controlled substances that are prescribed in
15

accordance with Article III of the Illinois Controlled
16

Substances Act and are dispensed to such child in a manner
17

that substantially complies with the prescription;
18

(h) commits or allows to be committed the offense of
19

involuntary servitude, involuntary sexual servitude of a
20

minor, or trafficking in persons as defined in Section
21

10-9 of the Criminal Code of 2012 against the child
. A
22

child shall be considered abused regardless of the
23

perpetrator of the abuse if the child is a human
24

trafficking victim as defined in Section 10-9 of the
25

Criminal Code of 2012
; or
26

(i) commits the offense of grooming, as defined in

SB3987
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1

Section 11-25 of the Criminal Code of 2012, against the
2

child.
3

A child shall not be considered abused for the sole reason
4
that the child has been relinquished in accordance with the
5
Abandoned Newborn Infant Protection Act.
6

"Neglected child" means any child who is not receiving the
7
proper or necessary nourishment or medically indicated
8
treatment including food or care not provided solely on the
9
basis of the present or anticipated mental or physical
10
impairment as determined by a physician acting alone or in
11
consultation with other physicians or otherwise is not
12
receiving the proper or necessary support or medical or other
13
remedial care recognized under State law as necessary for a
14
child's well-being, or other care necessary for the child's
15
well-being, including adequate food, clothing and shelter; or
16
who is subjected to an environment which is injurious insofar
17
as (i) the child's environment creates a likelihood of harm to
18
the child's health, physical well-being, or welfare and (ii)
19
the likely harm to the child is the result of a blatant
20
disregard of parent, caretaker, person responsible for the
21
child's welfare, or agency responsibilities; or who is
22
abandoned by the child's parents or other person responsible
23
for the child's welfare without a proper plan of care; or who
24
has been provided with interim crisis intervention services
25
under Section 3-5 of the Juvenile Court Act of 1987 and whose
26
parent, guardian, or custodian refuses to permit the child to

SB3987
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1
return home and no other living arrangement agreeable to the
2
parent, guardian, or custodian can be made, and the parent,
3
guardian, or custodian has not made any other appropriate
4
living arrangement for the child; or who is a newborn infant
5
whose blood, urine, or meconium contains any amount of a
6
controlled substance as defined in subsection (f) of Section
7
102 of the Illinois Controlled Substances Act or a metabolite
8
thereof, with the exception of a controlled substance or
9
metabolite thereof whose presence in the newborn infant is the
10
result of medical treatment administered to the person who
11
gave birth or the newborn infant. A child shall not be
12
considered neglected for the sole reason that the child's
13
parent or other person responsible for the child's welfare has
14
left the child in the care of an adult relative for any period
15
of time. A child shall not be considered neglected for the sole
16
reason that the child has been relinquished in accordance with
17
the Abandoned Newborn Infant Protection Act. A child shall not
18
be considered neglected or abused for the sole reason that
19
such child's parent or other person responsible for the
20
child's welfare depends upon spiritual means through prayer
21
alone for the treatment or cure of disease or remedial care as
22
provided under Section 4 of this Act. A child shall not be
23
considered neglected or abused solely because the child is not
24
attending school in accordance with the requirements of
25
Article 26 of The School Code, as amended.
26

"Child Protective Service Unit" means certain specialized

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LRB104 19561 RLC 33009 b
1
State employees of the Department assigned by the Director to
2
perform the duties and responsibilities as provided under
3
Section 7.2 of this Act.
4

"Near fatality" means an act that, as certified by a
5
physician, places the child in serious or critical condition,
6
including acts of great bodily harm inflicted upon children
7
under 13 years of age, and as otherwise defined by Department
8
rule.
9

"Great bodily harm" includes bodily injury which creates a
10
high probability of death, or which causes serious permanent
11
disfigurement, or which causes a permanent or protracted loss
12
or impairment of the function of any bodily member or organ, or
13
other serious bodily harm.
14

"Person responsible for the child's welfare" means the
15
child's parent; guardian; foster parent; relative caregiver;
16
any person responsible for the child's welfare in a public or
17
private residential agency or institution; any person
18
responsible for the child's welfare within a public or private
19
profit or not for profit child care facility; or any other
20
person responsible for the child's welfare at the time of the
21
alleged abuse or neglect, including any person who commits or
22
allows to be committed, against the child, the offense of
23
involuntary servitude, involuntary sexual servitude of a
24
minor, or trafficking in persons for forced labor or services,
25
as provided in Section 10-9 of the Criminal Code of 2012,
26
including, but not limited to, the custodian of the minor, or

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1
any person who came to know the child through an official
2
capacity or position of trust, including, but not limited to,
3
health care professionals, educational personnel, recreational
4
supervisors, members of the clergy, and volunteers or support
5
personnel in any setting where children may be subject to
6
abuse or neglect.
7

"Temporary protective custody" means custody within a
8
hospital or other medical facility or a place previously
9
designated for such custody by the Department, subject to
10
review by the Court, including a licensed foster home, group
11
home, or other institution; but such place shall not be a jail
12
or other place for the detention of criminal or juvenile
13
offenders.
14

"An unfounded report" means any report made under this Act
15
for which it is determined after an investigation that no
16
credible evidence of abuse or neglect exists.
17

"An indicated report" means a report made under this Act
18
if an investigation determines that credible evidence of the
19
alleged abuse or neglect exists.
20

"An undetermined report" means any report made under this
21
Act in which it was not possible to initiate or complete an
22
investigation on the basis of information provided to the
23
Department.
24

"Subject of report" means any child reported to the
25
central register of child abuse and neglect established under
26
Section 7.7 of this Act as an alleged victim of child abuse or

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LRB104 19561 RLC 33009 b
1
neglect and the parent or guardian of the alleged victim or
2
other person responsible for the alleged victim's welfare who
3
is named in the report or added to the report as an alleged
4
perpetrator of child abuse or neglect.
5

"Perpetrator" means a person who, as a result of
6
investigation, has been determined by the Department to have
7
caused child abuse or neglect.
8

"Member of the clergy" means a clergyperson or
9
practitioner of any religious denomination accredited by the
10
religious body to which the clergyperson or practitioner
11
belongs.
12
(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21;
13
102-813, eff. 5-13-22; 103-22, eff. 8-8-23.)

14

Section 15.
The Juvenile Court Act of 1987 is amended by
15
changing Section 5-915 as follows:

16

(705 ILCS 405/5-915)
17

Sec. 5-915.
Expungement of juvenile law enforcement and
18
juvenile court records.
19

(0.05) (Blank).
20

(0.1)(a) The Illinois State Police and all law enforcement
21
agencies within the State shall automatically expunge, on or
22
before January 1 of each year, except as described in
23
paragraph (c) of this subsection (0.1), all juvenile law
24
enforcement records relating to events occurring before an

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individual's 18th birthday if:
2

(1) one year or more has elapsed since the date of the
3

arrest or law enforcement interaction documented in the
4

records;
5

(2) no petition for delinquency or criminal charges
6

were filed with the clerk of the circuit court relating to
7

the arrest or law enforcement interaction documented in
8

the records; and
9

(3) 6 months have elapsed since the date of the arrest
10

without an additional subsequent arrest or filing of a
11

petition for delinquency or criminal charges whether
12

related or not to the arrest or law enforcement
13

interaction documented in the records.
14

(b) If the law enforcement agency is unable to verify
15
satisfaction of conditions (2) and (3) of this subsection
16
(0.1), records that satisfy condition (1) of this subsection
17
(0.1) shall be automatically expunged if the records relate to
18
an offense that if committed by an adult would not be an
19
offense classified as a Class 2 felony or higher, an offense
20
under Article 11 of the Criminal Code of 1961 or Criminal Code
21
of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
22
12-15, or 12-16 of the Criminal Code of 1961.
23

(c) If the juvenile law enforcement record was received
24
through a public submission to a statewide student
25
confidential reporting system administered by the Illinois
26
State Police, the record will be maintained for a period of 5

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years according to all other provisions in this subsection
2
(0.1).
3

(0.15) If a juvenile law enforcement record meets
4
paragraph (a) of subsection (0.1) of this Section, a juvenile
5
law enforcement record created:
6

(1) prior to January 1, 2018, but on or after January
7

1, 2013 shall be automatically expunged prior to January
8

1, 2020;
9

(2) prior to January 1, 2013, but on or after January
10

1, 2000, shall be automatically expunged prior to January
11

1, 2023; and
12

(3) prior to January 1, 2000 shall not be subject to
13

the automatic expungement provisions of this Act.
14

Nothing in this subsection (0.15) shall be construed to
15
restrict or modify an individual's right to have the person's
16
juvenile law enforcement records expunged except as otherwise
17
may be provided in this Act.
18

(0.2)(a) Upon dismissal of a petition alleging delinquency
19
or upon a finding of not delinquent, the successful
20
termination of an order of supervision, or the successful
21
termination of an adjudication for an offense which would be a
22
Class B misdemeanor, Class C misdemeanor, or a petty or
23
business offense if committed by an adult, the court shall
24
automatically order the expungement of the juvenile court
25
records and juvenile law enforcement records. The clerk shall
26
deliver a certified copy of the expungement order to the

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Illinois State Police and the arresting agency. Upon request,
2
the State's Attorney shall furnish the name of the arresting
3
agency. The expungement shall be completed within 60 business
4
days after the receipt of the expungement order.
5

(b) If the chief law enforcement officer of the agency, or
6
the chief law enforcement officer's designee, certifies in
7
writing that certain information is needed for a pending
8
investigation involving the commission of a felony, that
9
information, and information identifying the juvenile, may be
10
retained until the statute of limitations for the felony has
11
run. If the chief law enforcement officer of the agency, or the
12
chief law enforcement officer's designee, certifies in writing
13
that certain information is needed with respect to an internal
14
investigation of any law enforcement office, that information
15
and information identifying the juvenile may be retained
16
within an intelligence file until the investigation is
17
terminated or the disciplinary action, including appeals, has
18
been completed, whichever is later. Retention of a portion of
19
a juvenile's law enforcement record does not disqualify the
20
remainder of a juvenile's record from immediate automatic
21
expungement.
22

(0.3)(a) Upon an adjudication of delinquency based on any
23
offense except a disqualified offense, the juvenile court
24
shall automatically order the expungement of the juvenile
25
court and law enforcement records 2 years
or, in the case of a
26
human trafficking victim as defined in Section 10-9 of the

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Criminal Code of 2012 adjudicated delinquent for prostitution,
2
immediately
after the juvenile's case was closed if no
3
delinquency or criminal proceeding is pending and the person
4
has had no subsequent delinquency adjudication or criminal
5
conviction. On the date that the minor's sentence ends or the
6
date that the court enters an order committing the minor to the
7
Department of Juvenile Justice, the juvenile court judge shall
8
schedule a date to enter the automatic expungement order. The
9
minor must be notified but shall not be required to be present
10
for the scheduled court date when automatic expungement is to
11
be ordered. If the minor is not yet eligible on the originally
12
scheduled date, the court shall schedule a subsequent date to
13
enter the automatic expungement order. The clerk shall deliver
14
a certified copy of the expungement order to the Illinois
15
State Police and the arresting agency. Upon request, the
16
State's Attorney shall furnish the name of the arresting
17
agency. The expungement shall be completed within 60 business
18
days after the receipt of the expungement order. In this
19
subsection (0.3), "disqualified offense" means any of the
20
following offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1,
21
9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9,
if the
22
minor was not a human trafficking victim as defined in that
23
Section,
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,
24
11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2,
25
12-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5,
26
18-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1,

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24-1.2, 24-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8,
2
24-3.9, 29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the
3
Criminal Code of 2012, or subsection (b) of Section 8-1,
4
paragraph (4) of subsection (a) of Section 11-14.4, subsection
5
(a-5) of Section 12-3.1, paragraph (1), (2), or (3) of
6
subsection (a) of Section 12-6, subsection (a-3) or (a-5) of
7
Section 12-7.3, paragraph (1) or (2) of subsection (a) of
8
Section 12-7.4, subparagraph (i) of paragraph (1) of
9
subsection (a) of Section 12-9, subparagraph (H) of paragraph
10
(3) of subsection (a) of Section 24-1.6, paragraph (1) of
11
subsection (a) of Section 25-1, or subsection (a-7) of Section
12
31-1 of the Criminal Code of 2012.
13

(b) If the chief law enforcement officer of the agency, or
14
the chief law enforcement officer's designee, certifies in
15
writing that certain information is needed for a pending
16
investigation involving the commission of a felony, that
17
information, and information identifying the juvenile, may be
18
retained in an intelligence file until the investigation is
19
terminated or for one additional year, whichever is sooner.
20
Retention of a portion of a juvenile's juvenile law
21
enforcement record does not disqualify the remainder of a
22
juvenile's record from immediate automatic expungement.
23

(0.4) Automatic expungement for the purposes of this
24
Section shall not require law enforcement agencies to
25
obliterate or otherwise destroy juvenile law enforcement
26
records that would otherwise need to be automatically expunged

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under this Act, except after 2 years following the subject
2
arrest for purposes of use in civil litigation against a
3
governmental entity or its law enforcement agency or personnel
4
which created, maintained, or used the records. However, these
5
juvenile law enforcement records shall be considered expunged
6
for all other purposes during this period and the offense,
7
which the records or files concern, shall be treated as if it
8
never occurred as required under Section 5-923.
9

(0.5) Subsection (0.1) or (0.2) of this Section does not
10
apply to violations of traffic laws, conservation offenses, or
11
county or municipal ordinances.
12

(0.6) Juvenile law enforcement records of a plaintiff who
13
has filed civil litigation against the governmental entity or
14
its law enforcement agency or personnel that created,
15
maintained, or used the records, or juvenile law enforcement
16
records that contain information related to the allegations
17
set forth in the civil litigation may not be expunged until
18
after 2 years have elapsed after the conclusion of the
19
lawsuit, including any appeal.
20

(0.7) Officer-worn body camera recordings shall not be
21
automatically expunged except as otherwise authorized by the
22
Law Enforcement Officer-Worn Body Camera Act.
23

(1) Whenever a person has been arrested, charged, or
24
adjudicated delinquent for an incident occurring before a
25
person's 18th birthday that if committed by an adult would be
26
an offense, and that person's juvenile law enforcement and

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juvenile court records are not eligible for automatic
2
expungement under subsection (0.1), (0.2), or (0.3), the
3
person may petition the court at any time at no cost to the
4
person for expungement of juvenile law enforcement records and
5
juvenile court records relating to the incident and, upon
6
termination of all juvenile court proceedings relating to that
7
incident, the court shall order the expungement of all records
8
in the possession of the Illinois State Police, the clerk of
9
the circuit court, and law enforcement agencies relating to
10
the incident, but only in any of the following circumstances:
11

(a) the minor was arrested and no petition for
12

delinquency was filed with the clerk of the circuit court;
13

(a-5) the minor was charged with an offense and the
14

petition or petitions were dismissed without a finding of
15

delinquency;
16

(b) the minor was charged with an offense and was
17

found not delinquent of that offense;
18

(c) the minor was placed under supervision under
19

Section 5-615, and the order of supervision has since been
20

successfully terminated; or
21

(d) the minor was adjudicated for an offense which
22

would be a Class B misdemeanor, Class C misdemeanor, or a
23

petty or business offense if committed by an adult
; or

.
24

(e) the minor was adjudicated delinquent for
25

prostitution as a result of being a trafficking victim as
26

defined in Section 10-9 of the Criminal Code of 2012.

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(1.5) At no cost to the person, the Illinois State Police
2
shall allow a person to use the Access and Review process,
3
established in the Illinois State Police, for verifying that
4
the person's juvenile law enforcement records relating to
5
incidents occurring before the person's 18th birthday eligible
6
under this Act have been expunged.
7

(1.6) (Blank).
8

(1.7) (Blank).
9

(1.8) (Blank).
10

(2) Any person whose delinquency adjudications are not
11
eligible for automatic expungement under subsection (0.3) of
12
this Section may petition the court at no cost to the person to
13
expunge all juvenile law enforcement records relating to any
14
incidents occurring before the person's 18th birthday which
15
did not result in proceedings in criminal court and all
16
juvenile court records with respect to any adjudications
17
except those based upon first degree murder or an offense
18
under Article 11 of the Criminal Code of 2012 if the person is
19
required to register under the Sex Offender Registration Act
20
at the time the person petitions the court for expungement;
21
provided that 2 years have elapsed since all juvenile court
22
proceedings relating to the person have been terminated and
23
the person's commitment to the Department of Juvenile Justice
24
under this Act has been terminated.
25

(2.5) If a minor is arrested and no petition for
26
delinquency is filed with the clerk of the circuit court at the

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time the minor is released from custody, the youth officer, if
2
applicable, or other designated person from the arresting
3
agency, shall notify verbally and in writing to the minor or
4
the minor's parents or guardians that the minor shall have an
5
arrest record and shall provide the minor and the minor's
6
parents or guardians with an expungement information packet,
7
information regarding this State's expungement laws including
8
a petition to expunge juvenile law enforcement and juvenile
9
court records obtained from the clerk of the circuit court.
10

(2.6) If a minor is referred to court, then, at the time of
11
sentencing, dismissal of the case, or successful completion of
12
supervision, the judge shall inform the delinquent minor of
13
the minor's rights regarding expungement and the clerk of the
14
circuit court shall provide an expungement information packet
15
to the minor, written in plain language, including information
16
regarding this State's expungement laws and a petition for
17
expungement, a sample of a completed petition, expungement
18
instructions that shall include information informing the
19
minor that (i) once the case is expunged, it shall be treated
20
as if it never occurred, (ii) the minor shall not be charged a
21
fee to petition for expungement, (iii) once the minor obtains
22
an expungement, the minor may not be required to disclose that
23
the minor had a juvenile law enforcement or juvenile court
24
record, and (iv) if petitioning the minor may file the
25
petition on the minor's own or with the assistance of an
26
attorney. The failure of the judge to inform the delinquent

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minor of the minor's right to petition for expungement as
2
provided by law does not create a substantive right, nor is
3
that failure grounds for: (i) a reversal of an adjudication of
4
delinquency; (ii) a new trial; or (iii) an appeal.
5

(2.6-1) A trafficking victim, as defined by paragraph (10)
6
of subsection (a) of Section 10-9 of the Criminal Code of 2012,
7
may petition for vacation and expungement or immediate sealing
8
of his or her juvenile court records and juvenile law
9
enforcement records relating to events that resulted in the
10
victim's adjudication of delinquency for an offense if
11
committed by an adult would be a violation of the criminal laws
12
occurring before the victim's 18th birthday upon the
13
completion of his or her juvenile court sentence if his or her
14
participation in the underlying offense was a result of human
15
trafficking under Section 10-9 of the Criminal Code of 2012 or
16
a severe form of trafficking under the federal Trafficking
17
Victims Protection Act.
18

(2.7) (Blank).
19

(2.8) (Blank).
20

(3) (Blank).
21

(3.1) (Blank).
22

(3.2) (Blank).
23

(3.3) (Blank).
24

(4) (Blank).
25

(5) (Blank).
26

(5.5) Whether or not expunged, records eligible for

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automatic expungement under subdivision (0.1)(a), (0.2)(a), or
2
(0.3)(a) may be treated as expunged by the individual subject
3
to the records.
4

(6) (Blank).
5

(6.5) The Illinois State Police or any employee of the
6
Illinois State Police shall be immune from civil or criminal
7
liability for failure to expunge any records of arrest that
8
are subject to expungement under this Section because of
9
inability to verify a record. Nothing in this Section shall
10
create Illinois State Police liability or responsibility for
11
the expungement of juvenile law enforcement records it does
12
not possess.
13

(7) (Blank).
14

(7.5) (Blank).
15

(8) The expungement of juvenile law enforcement or
16
juvenile court records under subsection (0.1), (0.2), or (0.3)
17
of this Section shall be funded by appropriation by the
18
General Assembly for that purpose.
19

(9) (Blank).
20

(10) (Blank).
21
(Source: P.A. 103-22, eff. 8-8-23; 103-154, eff. 6-30-23;
22
103-379, eff. 7-28-23; 103-605, eff. 7-1-24; 103-717, eff.
23
1-1-25; 103-787, eff. 1-1-25; 104-325, eff. 1-1-26; 104-417,
24
eff. 8-15-25
.)

25

Section 20.
The Criminal Code of 2012 is amended by

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changing Sections 10-9, 11-18.1, 11-20.1, and 11-25 and by
2
adding Section 11-27 as follows:

3

(720 ILCS 5/10-9)
4

Sec. 10-9.
Trafficking in persons, involuntary servitude,
5
and related offenses.
6

(a) Definitions. In this Section:
7

(1) "Intimidation" has the meaning prescribed in Section
8
12-6.
9

(2) "Commercial sexual activity" means any sex act on
10
account of which anything of value is given, promised to, or
11
received by any person.
12

(2.5) "Company" means any sole proprietorship,
13
organization, association, corporation, partnership, joint
14
venture, limited partnership, limited liability partnership,
15
limited liability limited partnership, limited liability
16
company, or other entity or business association, including
17
all wholly owned subsidiaries, majority-owned subsidiaries,
18
parent companies, or affiliates of those entities or business
19
associations, that exist for the purpose of making profit.
20

(3) "Financial harm" includes intimidation that brings
21
about financial loss, criminal usury, or employment contracts
22
that violate the Frauds Act.
23

(4) (Blank).
24

(5) "Labor" means work of economic or financial value.
25

(6) "Maintain" means, in relation to labor or services, to

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secure continued performance thereof, regardless of any
2
initial agreement on the part of the victim to perform that
3
type of service.
4

(7) "Obtain" means, in relation to labor or services, to
5
secure performance thereof.
6

(7.5) "Serious harm" means any harm, whether physical or
7
nonphysical, including psychological, financial, or
8
reputational harm, that is sufficiently serious, under all the
9
surrounding circumstances, to compel a reasonable person of
10
the same background and in the same circumstances to perform
11
or to continue performing labor or services in order to avoid
12
incurring that harm.
13

(8) "Services" means activities resulting from a
14
relationship between a person and the actor in which the
15
person performs activities under the supervision of or for the
16
benefit of the actor.
Commercial sexual activity and
17
sexually-explicit performances are forms of activities that
18
are "services" under this Section.
Nothing in this definition
19
may be construed to legitimize or legalize prostitution.
20

(9) "Sexually-explicit performance" means a live,
21
recorded, broadcast (including over the Internet), or public
22
act or show intended to arouse or satisfy the sexual desires or
23
appeal to the prurient interests of patrons.
24

(10) "Trafficking victim" means a person subjected to the
25
practices set forth in subsection (b), (c), or (d).
26

(b) Involuntary servitude. A person commits involuntary

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servitude when he or she knowingly subjects, attempts to
2
subject, or engages in a conspiracy to subject another person
3
to labor or services obtained or maintained through any of the
4
following means, or any combination of these means:
5

(1) causes or threatens to cause physical harm to any
6

person;
7

(2) physically restrains or threatens to physically
8

restrain another person;
9

(3) abuses or threatens to abuse the law or legal
10

process;
11

(4) attempts to or knowingly destroys, conceals,
12

removes, confiscates, or possesses any actual or purported
13

passport or other immigration document, or any other
14

actual or purported government identification document, of
15

another person;
16

(5) uses intimidation, abuses a position of trust,
17

authority, or supervision in relation to the victim,
18

through the use or deprivation of any alcoholic
19

intoxicant, a drug as defined or used in the Illinois
20

Controlled Substances Act or the Cannabis Control Act, or
21

methamphetamine as defined in the Methamphetamine Control
22

and Community Protection Act, or exerts financial control
23

over any person; or
24

(6) uses any scheme, plan, or pattern intended to
25

cause the person to believe that, if the person did not
26

perform the labor or services, that person or another

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person would suffer serious harm or physical restraint.
2

Sentence. Except as otherwise provided in subsection (e)
3
or (f), a violation of subsection (b)(1) is a Class X felony,
4
(b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
5
is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
6

(c) Involuntary sexual servitude of a minor. A person
7
commits involuntary sexual servitude of a minor when he or she
8
knowingly recruits, entices, harbors, transports, provides, or
9
obtains by any means, or attempts to recruit, entice, harbor,
10
provide, or obtain by any means, another person under 18 years
11
of age, knowing that the minor will engage in commercial
12
sexual activity, a sexually-explicit performance, or the
13
production of pornography, or causes or attempts to cause a
14
minor to engage in one or more of those activities and:
15

(1) there is no overt force or threat and the minor is
16

between the ages of 17 and 18 years;
17

(2) there is no overt force or threat and the minor is
18

under the age of 17 years; or
19

(3) there is overt force or threat.
20

(c-5) Mistake of age not a defense. It is not a defense to
21
a violation of this Section that the accused reasonably
22
believed the trafficking victim to be 18 years of age or over.

23

Sentence. Except as otherwise provided in subsection (e)
24
or (f), a violation of subsection (c)(1) is a Class 1 felony,
25
(c)(2) is a Class X felony, and (c)(3) is a Class X felony.
26

(d) Trafficking in persons. A person commits trafficking

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1
in persons when he or she knowingly: (1) recruits, entices,
2
harbors, transports, provides, or obtains by any means, or
3
attempts to recruit, entice, harbor, transport, provide, or
4
obtain by any means, another person, intending or knowing that
5
the person will be subjected to involuntary servitude; or (2)
6
benefits, financially or by receiving anything of value, from
7
participation in a venture that has engaged in an act of
8
involuntary servitude or involuntary sexual servitude of a
9
minor. A company commits trafficking in persons when the
10
company knowingly benefits, financially or by receiving
11
anything of value, from participation in a venture that has
12
engaged in an act of involuntary servitude or involuntary
13
sexual servitude of a minor.
14

Sentence. Except as otherwise provided in subsection (e)
15
or (f), a violation of this subsection by a person is a Class 1
16
felony. A violation of this subsection by a company is a
17
business offense for which a fine of up to $100,000 may be
18
imposed.
19

(e) Aggravating factors. A violation of this Section
20
involving kidnapping or an attempt to kidnap, aggravated
21
criminal sexual assault or an attempt to commit aggravated
22
criminal sexual assault, or an attempt to commit first degree
23
murder is a Class X felony.
24

(f) Sentencing considerations.
25

(1) Bodily injury. If, pursuant to a violation of this
26

Section, a victim suffered bodily injury, the defendant

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1

may be sentenced to an extended-term sentence under
2

Section 5-8-2 of the Unified Code of Corrections. The
3

sentencing court must take into account the time in which
4

the victim was held in servitude, with increased penalties
5

for cases in which the victim was held for between 180 days
6

and one year, and increased penalties for cases in which
7

the victim was held for more than one year.
8

(2) Number of victims. In determining sentences within
9

statutory maximums, the sentencing court should take into
10

account the number of victims, and may provide for
11

substantially increased sentences in cases involving more
12

than 10 victims.
13

(3) Age of victim. In determining sentences, the
14

sentencing court shall take into account the age of the
15

victim or victims.
16

(g) Restitution. Restitution is mandatory under this
17
Section. In addition to any other amount of loss identified,
18
the court shall order restitution including the greater of (1)
19
the gross income or value to the defendant of the victim's
20
labor or services or (2) the value of the victim's labor as
21
guaranteed under the Minimum Wage Law and overtime provisions
22
of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
23
whichever is greater.
24

(g-1) A person who is a victim of involuntary sexual
25
servitude of a minor is deemed a crime victim and is eligible
26
for protections afforded to crime victims, including services

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LRB104 19561 RLC 33009 b
1
under the Rights of Crime Victims and Witnesses Act, the Crime
2
Victims Compensation Act, and the Abused and Neglected Child
3
Reporting Act.

4

(g-5) Fine distribution. If the court imposes a fine under
5
subsection (b), (c), or (d) of this Section, it shall be
6
collected and distributed to the Specialized Services for
7
Survivors of Human Trafficking Fund in accordance with Section
8
5-9-1.21 of the Unified Code of Corrections.
9

(h) Trafficking victim services. Subject to the
10
availability of funds, the Department of Human Services may
11
provide or fund emergency services and assistance to
12
individuals who are victims of one or more offenses defined in
13
this Section.
These services shall include child welfare
14
protection for victims of the offense of involuntary sexual
15
servitude of a minor under subsection (c) of Section 10-9 of
16
the Criminal Code of 2012, irrespective of the perpetrator of
17
the offense.

18

(i) Certification. The Attorney General, a State's
19
Attorney, or any law enforcement official shall certify in
20
writing to the United States Department of Justice or other
21
federal agency, such as the United States Department of
22
Homeland Security, that an investigation or prosecution under
23
this Section has begun and the individual who is a likely
24
victim of a crime described in this Section is willing to
25
cooperate or is cooperating with the investigation to enable
26
the individual, if eligible under federal law, to qualify for

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1
an appropriate special immigrant visa and to access available
2
federal benefits. Cooperation with law enforcement shall not
3
be required of victims of a crime described in this Section who
4
are under 18 years of age. This certification shall be made
5
available to the victim and his or her designated legal
6
representative.
7

(j) A person who commits involuntary servitude,
8
involuntary sexual servitude of a minor, or trafficking in
9
persons under subsection (b), (c), or (d) of this Section is
10
subject to the property forfeiture provisions set forth in
11
Article 124B of the Code of Criminal Procedure of 1963.
12
(Source: P.A. 104-159, eff. 1-1-26
.)

13

(720 ILCS 5/11-18.1)

(from Ch. 38, par. 11-18.1)
14

Sec. 11-18.1.
Patronizing a sexually exploited child.
15

(a) Any person who engages in an act of sexual penetration
16
as defined in Section 11-0.1 of this Code with a person who is
17
under 18 years of age engaged in prostitution or is a person
18
with a severe or profound intellectual disability commits
19
patronizing a sexually exploited child.
20

(a-5) Any person who engages in any touching or fondling,
21
with a person engaged in prostitution who either is a sexually
22
exploited child or is a person with a severe or profound
23
intellectual disability, of the sex organs of one person by
24
the other person, with the intent to achieve sexual arousal or
25
gratification, commits patronizing a sexually exploited child.

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1

(b)
(Blank).

It is an affirmative defense to the charge of
2
patronizing a sexually exploited child that the accused
3
reasonably believed that the person was of the age of 18 years
4
or over or was not a person with a severe or profound
5
intellectual disability at the time of the act giving rise to
6
the charge.
7

(c) Sentence. A person who commits patronizing a sexually
8
exploited child is guilty of a Class 3 felony, unless
9
committed within 1,000 feet of real property comprising a
10
school, in which case it is a Class 2 felony. A person
11
convicted of a second or subsequent violation of this Section,
12
or of any combination of such number of convictions under this
13
Section and Sections 11-14 (prostitution), 11-14.1
14
(solicitation of a sexual act), 11-14.3 (promoting
15
prostitution), 11-14.4 (promoting commercial sexual
16
exploitation of a child), 11-15 (soliciting for a person
17
engaged in the sex trade), 11-15.1 (soliciting for a sexually
18
exploited child), 11-16 (pandering), 11-17 (keeping a place of
19
prostitution), 11-17.1 (keeping a place of commercial sexual
20
exploitation of a child), 11-18 (patronizing a person engaged
21
in the sex trade), 11-19 (pimping), 11-19.1 (juvenile pimping
22
or aggravated juvenile pimping), or 11-19.2 (exploitation of a
23
child) of this Code, is guilty of a Class 2 felony. The fact of
24
such conviction is not an element of the offense and may not be
25
disclosed to the jury during trial unless otherwise permitted
26
by issues properly raised during such trial.

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1
(Source: P.A. 103-1071, eff. 7-1-25
.)

2

(720 ILCS 5/11-20.1)
3

Sec. 11-20.1.
Child sexual abuse material.
4

(a) Recognizing the enormous negative societal impact that
5
sexually explicit visual depictions of children engaged in
6
sexual abuse activities have on the children who are abused,
7
and the overarching broader impact these materials and imagery
8
have at various levels to the public, especially when this
9
material is disseminated, we are changing all references in
10
Illinois statutes from "child pornography" to "child sexual
11
abuse material". It is important that the statutes of the
12
State of Illinois reflect the content and realities of these
13
materials as the sexual abuse and exploitation of children.
14
The word "pornography" implied legality involving "consent" of
15
which this imagery is not, as children can never "consent" to
16
sexual abuse and sexual exploitation. This name change is not
17
a change in meaning, definitions, statutes or application of
18
the laws of this State and all previous references to "child
19
pornography" are now encapsulated in "child sexual abuse
20
materials".
21

A person commits child sexual abuse material who:
22

(1) films, videotapes, photographs, or otherwise
23

depicts or portrays by means of any similar visual medium
24

or reproduction or depicts by computer any child whom he
25

or she knows or reasonably should know to be under the age

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1

of 18 or any person with a severe or profound intellectual
2

disability where such child or person with a severe or
3

profound intellectual disability is:
4

(i) actually or by simulation engaged in any act
5

of sexual penetration or sexual conduct with any
6

person or animal; or
7

(ii) actually or by simulation engaged in any act
8

of sexual penetration or sexual conduct involving the
9

sex organs of the child or person with a severe or
10

profound intellectual disability and the mouth, anus,
11

or sex organs of another person or animal; or which
12

involves the mouth, anus or sex organs of the child or
13

person with a severe or profound intellectual
14

disability and the sex organs of another person or
15

animal; or
16

(iii) actually or by simulation engaged in any act
17

of masturbation; or
18

(iv) actually or by simulation portrayed as being
19

the object of, or otherwise engaged in, any act of lewd
20

fondling, touching, or caressing involving another
21

person or animal; or
22

(v) actually or by simulation engaged in any act
23

of excretion or urination within a sexual context; or
24

(vi) actually or by simulation portrayed or
25

depicted as bound, fettered, or subject to sadistic,
26

masochistic, or sadomasochistic abuse in any sexual

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1

context; or
2

(vii) depicted or portrayed in any pose, posture
3

or setting involving a lewd exhibition of the
4

unclothed or transparently clothed genitals, pubic
5

area, buttocks, or, if such person is female, a fully
6

or partially developed breast of the child or other
7

person; or
8

(2) with the knowledge of the nature or content
9

thereof, reproduces, disseminates, offers to disseminate,
10

exhibits or possesses with intent to disseminate any film,
11

videotape, photograph or other similar visual reproduction
12

or depiction by computer of any child or person with a
13

severe or profound intellectual disability whom the person
14

knows or reasonably should know to be under the age of 18
15

or to be a person with a severe or profound intellectual
16

disability, engaged in any activity described in
17

subparagraphs (i) through (vii) of paragraph (1) of this
18

subsection; or
19

(3) with knowledge of the subject matter or theme
20

thereof, produces any stage play, live performance, film,
21

videotape or other similar visual portrayal or depiction
22

by computer which includes a child whom the person knows
23

or reasonably should know to be under the age of 18 or a
24

person with a severe or profound intellectual disability
25

engaged in any activity described in subparagraphs (i)
26

through (vii) of paragraph (1) of this subsection; or

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1

(4) solicits, uses, persuades, induces, entices, or
2

coerces any child whom he or she knows or reasonably
3

should know to be under the age of 18 or a person with a
4

severe or profound intellectual disability to appear in
5

any stage play, live presentation, film, videotape,
6

photograph or other similar visual reproduction or
7

depiction by computer in which the child or person with a
8

severe or profound intellectual disability is or will be
9

depicted, actually or by simulation, in any act, pose or
10

setting described in subparagraphs (i) through (vii) of
11

paragraph (1) of this subsection; or
12

(5) is a parent, step-parent, legal guardian or other
13

person having care or custody of a child whom the person
14

knows or reasonably should know to be under the age of 18
15

or a person with a severe or profound intellectual
16

disability and who knowingly permits, induces, promotes,
17

or arranges for such child or person with a severe or
18

profound intellectual disability to appear in any stage
19

play, live performance, film, videotape, photograph or
20

other similar visual presentation, portrayal or simulation
21

or depiction by computer of any act or activity described
22

in subparagraphs (i) through (vii) of paragraph (1) of
23

this subsection; or
24

(6) with knowledge of the nature or content thereof,
25

possesses any film, videotape, photograph or other similar
26

visual reproduction or depiction by computer of any child

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1

or person with a severe or profound intellectual
2

disability whom the person knows or reasonably should know
3

to be under the age of 18 or to be a person with a severe
4

or profound intellectual disability, engaged in any
5

activity described in subparagraphs (i) through (vii) of
6

paragraph (1) of this subsection; or
7

(7) solicits, or knowingly uses, persuades, induces,
8

entices, or coerces, a person to provide a child under the
9

age of 18 or a person with a severe or profound
10

intellectual disability to appear in any videotape,
11

photograph, film, stage play, live presentation, or other
12

similar visual reproduction or depiction by computer in
13

which the child or person with a severe or profound
14

intellectual disability will be depicted, actually or by
15

simulation, in any act, pose, or setting described in
16

subparagraphs (i) through (vii) of paragraph (1) of this
17

subsection.
18

(a-5) The possession of each individual film, videotape,
19
photograph, or other similar visual reproduction or depiction
20
by computer in violation of this Section constitutes a single
21
and separate violation. This subsection (a-5) does not apply
22
to multiple copies of the same film, videotape, photograph, or
23
other similar visual reproduction or depiction by computer
24
that are identical to each other.
25

(b)(1) It shall be an affirmative defense to a charge of
26
child sexual abuse material that the defendant reasonably

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1
believed, under all of the circumstances, that the child was
2
18 years of age or older or that the person was not a person
3
with a severe or profound intellectual disability but only
4
where, prior to the act or acts giving rise to a prosecution
5
under this Section, he or she took some affirmative action or
6
made a bonafide inquiry designed to ascertain whether the
7
child was 18 years of age or older or that the person was not a
8
person with a severe or profound intellectual disability and
9
his or her reliance upon the information so obtained was
10
clearly reasonable.
11

(1.5) Telecommunications carriers, commercial mobile
12
service providers, and providers of information services,
13
including, but not limited to, Internet service providers and
14
hosting service providers, are not liable under this Section
15
by virtue of the transmission, storage, or caching of
16
electronic communications or messages of others or by virtue
17
of the provision of other related telecommunications,
18
commercial mobile services, or information services used by
19
others in violation of this Section.
20

(2) (Blank).
21

(3) The charge of child sexual abuse material shall not
22
apply to the performance of official duties by law enforcement
23
or prosecuting officers or persons employed by law enforcement
24
or prosecuting agencies, court personnel or attorneys, nor to
25
bonafide treatment or professional education programs
26
conducted by licensed physicians, psychologists or social

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1
workers. In any criminal proceeding, any property or material
2
that constitutes child sexual abuse material shall remain in
3
the care, custody, and control of either the State or the
4
court. A motion to view the evidence shall comply with
5
subsection (e-5) of this Section.
6

(3.5) The charge of child
sexual abuse material

7
pornography
does not apply to the creator of a film, video,
8
photograph, or other similar visual image or depiction in
9
which the creator is the sole subject of the film, video,
10
photograph, or other similar visual image or depiction.
11

(4) If the defendant possessed more than one of the same
12
film, videotape or visual reproduction or depiction by
13
computer in which child sexual abuse material is depicted,
14
then the trier of fact may infer that the defendant possessed
15
such materials with the intent to disseminate them.
16

(5) The charge of child sexual abuse material does not
17
apply to a person who does not voluntarily possess a film,
18
videotape, or visual reproduction or depiction by computer in
19
which child sexual abuse material is depicted. Possession is
20
voluntary if the defendant knowingly procures or receives a
21
film, videotape, or visual reproduction or depiction for a
22
sufficient time to be able to terminate his or her possession.
23

(6) Any violation of paragraph (1), (2), (3), (4), (5), or
24
(7) of subsection (a) that includes a child engaged in,
25
solicited for, depicted in, or posed in any act of sexual
26
penetration or bound, fettered, or subject to sadistic,

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1
masochistic, or sadomasochistic abuse in a sexual context
2
shall be deemed a crime of violence.
3

(c) If the violation does not involve a film, videotape,
4
or other moving depiction, a violation of paragraph (1), (4),
5
(5),
(6),
or (7) of subsection (a) is a Class 1 felony with a
6
mandatory minimum fine of $2,000 and a maximum fine of
7
$100,000. If the violation involves a film, videotape, or
8
other moving depiction, a violation of paragraph (1), (4),
9
(5),
(6),
or (7) of subsection (a) is a Class X felony with a
10
mandatory minimum fine of $2,000 and a maximum fine of
11
$100,000. If the violation does not involve a film, videotape,
12
or other moving depiction, a violation of paragraph (3) of
13
subsection (a) is a Class 1 felony with a mandatory minimum
14
fine of $1500 and a maximum fine of $100,000. If the violation
15
involves a film, videotape, or other moving depiction, a
16
violation of paragraph (3) of subsection (a) is a Class X
17
felony with a mandatory minimum fine of $1500 and a maximum
18
fine of $100,000. If the violation does not involve a film,
19
videotape, or other moving depiction, a violation of paragraph
20
(2) of subsection (a) is a Class 1 felony with a mandatory
21
minimum fine of $1000 and a maximum fine of $100,000. If the
22
violation involves a film, videotape, or other moving
23
depiction, a violation of paragraph (2) of subsection (a) is a
24
Class X felony with a mandatory minimum fine of $1000 and a
25
maximum fine of $100,000.
If the violation does not involve a
26
film, videotape, or other moving depiction, a violation of

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1
paragraph (6) of subsection (a) is a Class 3 felony with a
2
mandatory minimum fine of $1000 and a maximum fine of
3
$100,000. If the violation involves a film, videotape, or
4
other moving depiction, a violation of paragraph (6) of
5
subsection (a) is a Class 2 felony with a mandatory minimum
6
fine of $1000 and a maximum fine of $100,000
.
7

(c-5) Where the child depicted is under the age of 13, a
8
violation of paragraph (1), (2), (3), (4), (5), or (7) of
9
subsection (a) is a Class X felony with a mandatory minimum
10
fine of $2,000 and a maximum fine of $100,000.
Where the child
11
depicted is under the age of 13, a violation of paragraph (6)
12
of subsection (a) is a Class 2 felony with a mandatory minimum
13
fine of $1,000 and a maximum fine of $100,000.
Where the child
14
depicted is under the age of 13, a person who commits a
15
violation of paragraph (1), (2), (3), (4), (5), or (7) of
16
subsection (a) where the defendant has previously been
17
convicted under the laws of this State or any other state of
18
the offense of child sexual abuse material or child
19
pornography, aggravated child pornography, aggravated criminal
20
sexual abuse, aggravated criminal sexual assault, predatory
21
criminal sexual assault of a child, or any of the offenses
22
formerly known as rape, deviate sexual assault, indecent
23
liberties with a child, or aggravated indecent liberties with
24
a child where the victim was under the age of 18 years or an
25
offense that is substantially equivalent to those offenses, is
26
guilty of a Class X felony for which the person shall be

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1
sentenced to a term of imprisonment of not less than 9 years
2
with a mandatory minimum fine of $2,000 and a maximum fine of
3
$100,000. Where the child depicted is under the age of 13, a
4
person who commits a violation of paragraph (6) of subsection
5
(a) where the defendant has previously been convicted under
6
the laws of this State or any other state of the offense of
7
child sexual abuse material or child pornography, aggravated
8
child pornography, aggravated criminal sexual abuse,
9
aggravated criminal sexual assault, predatory criminal sexual
10
assault of a child, or any of the offenses formerly known as
11
rape, deviate sexual assault, indecent liberties with a child,
12
or aggravated indecent liberties with a child where the victim
13
was under the age of 18 years or an offense that is
14
substantially equivalent to those offenses, is guilty of a
15
Class
X

1
felony with a mandatory minimum fine of
$2,000

$1,000

16
and a maximum fine of $100,000. The issue of whether the child
17
depicted is under the age of 13 is an element of the offense to
18
be resolved by the trier of fact.
19

(d) If a person is convicted of a second or subsequent
20
violation of this Section within 10 years of a prior
21
conviction, the court shall order a presentence psychiatric
22
examination of the person. The examiner shall report to the
23
court whether treatment of the person is necessary.
24

(e) Any film, videotape, photograph or other similar
25
visual reproduction or depiction by computer which includes a
26
child under the age of 18 or a person with a severe or profound

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1
intellectual disability engaged in any activity described in
2
subparagraphs (i) through (vii) of paragraph (1) of subsection
3
(a), and any material or equipment used or intended for use in
4
photographing, filming, printing, producing, reproducing,
5
manufacturing, projecting, exhibiting, depiction by computer,
6
or disseminating such material shall be seized and forfeited
7
in the manner, method and procedure provided by Section 36-1
8
of this Code for the seizure and forfeiture of vessels,
9
vehicles and aircraft.
10

In addition, any person convicted under this Section is
11
subject to the property forfeiture provisions set forth in
12
Article 124B of the Code of Criminal Procedure of 1963.
13

(e-5) Upon the conclusion of a case brought under this
14
Section, the court shall seal all evidence depicting a victim
15
or witness that is sexually explicit. The evidence may be
16
unsealed and viewed, on a motion of the party seeking to unseal
17
and view the evidence, only for good cause shown and in the
18
discretion of the court. The motion must expressly set forth
19
the purpose for viewing the material. The State's Attorney and
20
the victim, if possible, shall be provided reasonable notice
21
of the hearing on the motion to unseal the evidence. Any person
22
entitled to notice of a hearing under this subsection (e-5)
23
may object to the motion.
24

(f) Definitions. For the purposes of this Section:
25

(1) "Disseminate" means (i) to sell, distribute,
26

exchange or transfer possession, whether with or without

SB3987
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1

consideration or (ii) to make a depiction by computer
2

available for distribution or downloading through the
3

facilities of any telecommunications network or through
4

any other means of transferring computer programs or data
5

to a computer.
6

(2) "Produce" means to direct, promote, advertise,
7

publish, manufacture, issue, present or show.
8

(3) "Reproduce" means to make a duplication or copy.
9

(4) "Depict by computer" means to generate or create,
10

or cause to be created or generated, a computer program or
11

data that, after being processed by a computer either
12

alone or in conjunction with one or more computer
13

programs, results in a visual depiction on a computer
14

monitor, screen, or display.
15

(5) "Depiction by computer" means a computer program
16

or data that, after being processed by a computer either
17

alone or in conjunction with one or more computer
18

programs, results in a visual depiction on a computer
19

monitor, screen, or display.
20

(6) "Computer", "computer program", and "data" have
21

the meanings ascribed to them in Section 17.05 of this
22

Code.
23

(7) For the purposes of this Section, "child sexual
24

abuse material" includes a film, videotape, photograph, or
25

other similar visual medium or reproduction or depiction
26

by computer that is, or appears to be, that of a person,

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1

either in part, or in total, under the age of 18 or a
2

person with a severe or profound intellectual disability,
3

regardless of the method by which the film, videotape,
4

photograph, or other similar visual medium or reproduction
5

or depiction by computer is created, adopted, or modified
6

to appear as such. "Child sexual abuse material" also
7

includes a film, videotape, photograph, or other similar
8

visual medium or reproduction or depiction by computer
9

that is advertised, promoted, presented, described, or
10

distributed in such a manner that conveys the impression
11

that the film, videotape, photograph, or other similar
12

visual medium or reproduction or depiction by computer is
13

of a person under the age of 18 or a person with a severe
14

or profound intellectual disability. "Child sexual abuse
15

material" includes the depiction of a part of an actual
16

child under the age of 18 who, by manipulation, creation,
17

or modification, appears to be engaged in any activity
18

described in subparagraphs (i) through (vii) of paragraph
19

(1) of subsection (a).
sexual abuse material
20

(g) Re-enactment; findings; purposes.
21

(1) The General Assembly finds and declares that:
22

(i) Section 50-5 of Public Act 88-680, effective
23

January 1, 1995, contained provisions amending the
24

child sexual abuse material statute, Section 11-20.1
25

of the Criminal Code of 1961. Section 50-5 also
26

contained other provisions.

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LRB104 19561 RLC 33009 b
1

(ii) In addition, Public Act 88-680 was entitled
2

"AN ACT to create a Safe Neighborhoods Law". (A)
3

Article 5 was entitled JUVENILE JUSTICE and amended
4

the Juvenile Court Act of 1987. (B) Article 15 was
5

entitled GANGS and amended various provisions of the
6

Criminal Code of 1961 and the Unified Code of
7

Corrections. (C) Article 20 was entitled ALCOHOL ABUSE
8

and amended various provisions of the Illinois Vehicle
9

Code. (D) Article 25 was entitled DRUG ABUSE and
10

amended the Cannabis Control Act and the Illinois
11

Controlled Substances Act. (E) Article 30 was entitled
12

FIREARMS and amended the Criminal Code of 1961 and the
13

Code of Criminal Procedure of 1963. (F) Article 35
14

amended the Criminal Code of 1961, the Rights of Crime
15

Victims and Witnesses Act, and the Unified Code of
16

Corrections. (G) Article 40 amended the Criminal Code
17

of 1961 to increase the penalty for compelling
18

organization membership of persons. (H) Article 45
19

created the Secure Residential Youth Care Facility
20

Licensing Act and amended the State Finance Act, the
21

Juvenile Court Act of 1987, the Unified Code of
22

Corrections, and the Private Correctional Facility
23

Moratorium Act. (I) Article 50 amended the WIC Vendor
24

Management Act, the Firearm Owners Identification Card
25

Act, the Juvenile Court Act of 1987, the Criminal Code
26

of 1961, the Wrongs to Children Act, and the Unified

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1

Code of Corrections.
2

(iii) On September 22, 1998, the Third District
3

Appellate Court in People v. Dainty, 701 N.E. 2d 118,
4

ruled that Public Act 88-680 violates the single
5

subject clause of the Illinois Constitution (Article
6

IV, Section 8 (d)) and was unconstitutional in its
7

entirety. As of the time this amendatory Act of 1999
8

was prepared, People v. Dainty was still subject to
9

appeal.
10

(iv) Child sexual abuse material is a vital
11

concern to the people of this State and the validity of
12

future prosecutions under the child sexual abuse
13

material statute of the Criminal Code of 1961 is in
14

grave doubt.
15

(2) It is the purpose of this amendatory Act of 1999 to
16

prevent or minimize any problems relating to prosecutions
17

for child sexual abuse material that may result from
18

challenges to the constitutional validity of Public Act
19

88-680 by re-enacting the Section relating to child sexual
20

abuse material that was included in Public Act 88-680.
21

(3) This amendatory Act of 1999 re-enacts Section
22

11-20.1 of the Criminal Code of 1961, as it has been
23

amended. This re-enactment is intended to remove any
24

question as to the validity or content of that Section; it
25

is not intended to supersede any other Public Act that
26

amends the text of the Section as set forth in this

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1

amendatory Act of 1999. The material is shown as existing
2

text (i.e., without underscoring) because, as of the time
3

this amendatory Act of 1999 was prepared, People v. Dainty
4

was subject to appeal to the Illinois Supreme Court.
5

(4) The re-enactment by this amendatory Act of 1999 of
6

Section 11-20.1 of the Criminal Code of 1961 relating to
7

child sexual abuse material that was amended by Public Act
8

88-680 is not intended, and shall not be construed, to
9

imply that Public Act 88-680 is invalid or to limit or
10

impair any legal argument concerning whether those
11

provisions were substantially re-enacted by other Public
12

Acts.
13
(Source:
P.A. 103-825, eff. 1-1-25; 103-1081, eff. 3-21-25;
14
104-245, eff. 1-1-26; revised 11-21-25.)

15

(720 ILCS 5/11-25)
16

Sec. 11-25.
Grooming.
17

(a) A person commits grooming when, being 5 years or more
18
older than a child, or holding a position of trust, authority,
19
or supervision in relation to the child at the time of the
20
offense, he or she knowingly:
21

(1) uses a computer on-line service, Internet service,
22

local bulletin board service, or any other device capable
23

of electronic data storage or transmission, performs an
24

act in person or by conduct through a third party, or uses
25

written communication to seduce, solicit, lure, or entice,

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or attempt to seduce, solicit, lure, or entice, a child, a
2

child's guardian, or another person believed by the person
3

to be a child or a child's guardian, to commit any sex
4

offense, to distribute photographs depicting the sex
5

organs of the child, or to otherwise engage in any
6

unlawful sexual conduct with a child or with another
7

person believed by the person to be a child; or
8

(2) engages in a pattern of conduct that seduces,
9

solicits, lures, or entices, or attempts to seduce,
10

solicit, lure, or entice, a child to engage or participate
11

in unlawful sexual conduct that is for the purpose of
12

sexual gratification or arousal of the victim, the
13

accused, or another.
14

(a-5) As used in this Section:
15

"Child" means a person under 17 years of age.
16

"Pattern" means 2 or more instances of conduct.
17

"Sex offense" means any violation of Article 11 of this
18
Code.
19

"Sexual conduct" means masturbation, sexual conduct, or
20
sexual penetration as defined in Section 11-0.1 of this Code.
21

(a-6) Illinois has a compelling interest in effective
22
education and "grooming" does not include conduct that serves
23
a legitimate educational purpose pursuant to Section 27-9.1a
24
of the School Code.
25

(a-10) It is not a defense to a violation of this Section
26
that the accused reasonably believed the child to be 17 years

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1
of age or over.

2

(b) Sentence. Grooming is a Class 4 felony.
3
(Source: P.A. 104-245, eff. 1-1-26
.)

4

(720 ILCS 5/11-27 new)
5

Sec. 11-27.
Selling travel services to facilitate sexual
6
exploitation of a child.
7

(a) In this Section, "child" means a person under 17 years
8
of age.
9

(b) A person commits selling travel services to facilitate
10
sexual exploitation of a child when he or she knowingly sells
11
or offers to sell travel services for the purpose of seducing,
12
soliciting, luring, or enticing, or attempting to seduce,
13
solicit, lure, or entice a person to travel to a location
14
within this State to commit any sex offense as defined in
15
Section 2 of the Sex Offender Registration Act, to distribute
16
photographs depicting the sex organs of the child, or to
17
otherwise engage in any unlawful sexual conduct with a child
18
or with another person believed by the person to be a child.
19

(c) Sentence. Selling travel services to facilitate sexual
20
exploitation of a child is a Class 4 felony.

21

Section 25.
The Code of Criminal Procedure of 1963 is
22
amended by changing Section 116-2.1 as follows:

23

(725 ILCS 5/116-2.1)

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Sec. 116-2.1.
Motion to vacate prostitution convictions
2
for sex trafficking victims.

3

(a) A motion under this Section may be filed at any time
4
following the entry of a verdict or finding of guilty
or an
5
adjudication of delinquency under the Juvenile Court Act of
6
1987
where the conviction was under Section 11-14
7
(prostitution) or Section 11-14.2 (first offender; felony
8
prostitution) of the Criminal Code of 1961 or the Criminal
9
Code of 2012 or a similar local ordinance and the defendant's
10
participation in the offense was a result of having been a
11
trafficking victim under Section 10-9 (involuntary servitude,
12
involuntary sexual servitude of a minor, or trafficking in
13
persons) of the Criminal Code of 1961 or the Criminal Code of
14
2012; or a victim of a severe form of trafficking under the
15
federal Trafficking Victims Protection Act (22 U.S.C. Section
16
7102(13)); provided that:
17

(1) a motion under this Section shall state why the
18

facts giving rise to this motion were not presented to the
19

trial court, and shall be made with due diligence, after
20

the defendant has ceased to be a victim of such
21

trafficking or has sought services for victims of such
22

trafficking, subject to reasonable concerns for the safety
23

of the defendant, family members of the defendant, or
24

other victims of such trafficking that may be jeopardized
25

by the bringing of such motion, or for other reasons
26

consistent with the purpose of this Section; and

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(2) reasonable notice of the motion shall be served
2

upon the State.
3

(b) The court may grant the motion if, in the discretion of
4
the court, the violation was a result of the defendant having
5
been a victim of human trafficking. Evidence of such may
6
include, but is not limited to:
7

(1) certified records of federal or State court
8

proceedings which demonstrate that the defendant was a
9

victim of a trafficker charged with a trafficking offense
10

under Section 10-9 of the Criminal Code of 1961 or the
11

Criminal Code of 2012, or under 22 U.S.C. Chapter 78;
12

(2) certified records of "approval notices" or "law
13

enforcement certifications" generated from federal
14

immigration proceedings available to such victims; or
15

(3) a sworn statement from a trained professional
16

staff of a victim services organization, an attorney, a
17

member of the clergy, or a medical or other professional
18

from whom the defendant has sought assistance in
19

addressing the trauma associated with being trafficked.
20

Alternatively, the court may consider such other evidence
21
as it deems of sufficient credibility and probative value in
22
determining whether the defendant is a trafficking victim or
23
victim of a severe form of trafficking.
24

(c) If the court grants a motion under this Section, it
25
must vacate the conviction and may take such additional action
26
as is appropriate in the circumstances.

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1
(Source: P.A. 97-267, eff. 1-1-12; 97-897, eff. 1-1-13;
2
97-1150, eff. 1-25-13.)

3

Section 30.
The Sex Offender Registration Act is amended
4
by changing Section 2 as follows:

5

(730 ILCS 150/2)
6

Sec. 2.
Definitions.
7

(A) As used in this Article, "sex offender" means any
8
person who is:
9

(1) charged pursuant to Illinois law, or any
10

substantially similar federal, Uniform Code of Military
11

Justice, sister state, or foreign country law, with a sex
12

offense set forth in subsection (B) of this Section or the
13

attempt to commit an included sex offense, and:
14

(a) is convicted of such offense or an attempt to
15

commit such offense; or
16

(b) is found not guilty by reason of insanity of
17

such offense or an attempt to commit such offense; or
18

(c) is found not guilty by reason of insanity
19

pursuant to Section 104-25(c) of the Code of Criminal
20

Procedure of 1963 of such offense or an attempt to
21

commit such offense; or
22

(d) is the subject of a finding not resulting in an
23

acquittal at a hearing conducted pursuant to Section
24

104-25(a) of the Code of Criminal Procedure of 1963

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1

for the alleged commission or attempted commission of
2

such offense; or
3

(e) is found not guilty by reason of insanity
4

following a hearing conducted pursuant to a federal,
5

Uniform Code of Military Justice, sister state, or
6

foreign country law substantially similar to Section
7

104-25(c) of the Code of Criminal Procedure of 1963 of
8

such offense or of the attempted commission of such
9

offense; or
10

(f) is the subject of a finding not resulting in an
11

acquittal at a hearing conducted pursuant to a
12

federal, Uniform Code of Military Justice, sister
13

state, or foreign country law substantially similar to
14

Section 104-25(a) of the Code of Criminal Procedure of
15

1963 for the alleged violation or attempted commission
16

of such offense; or
17

(2) declared as a sexually dangerous person pursuant
18

to the Illinois Sexually Dangerous Persons Act, or any
19

substantially similar federal, Uniform Code of Military
20

Justice, sister state, or foreign country law; or
21

(3) subject to the provisions of Section 2 of the
22

Interstate Agreements on Sexually Dangerous Persons Act;
23

or
24

(4) found to be a sexually violent person pursuant to
25

the Sexually Violent Persons Commitment Act or any
26

substantially similar federal, Uniform Code of Military

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Justice, sister state, or foreign country law; or
2

(5) adjudicated a juvenile delinquent as the result of
3

committing or attempting to commit an act which, if
4

committed by an adult, would constitute any of the
5

offenses specified in item (B), (C), or (C-5) of this
6

Section or a violation of any substantially similar
7

federal, Uniform Code of Military Justice, sister state,
8

or foreign country law, or found guilty under Article V of
9

the Juvenile Court Act of 1987 of committing or attempting
10

to commit an act which, if committed by an adult, would
11

constitute any of the offenses specified in item (B), (C),
12

or (C-5) of this Section or a violation of any
13

substantially similar federal, Uniform Code of Military
14

Justice, sister state, or foreign country law.
15

Convictions that result from or are connected with the
16
same act, or result from offenses committed at the same time,
17
shall be counted for the purpose of this Article as one
18
conviction. Any conviction set aside pursuant to law is not a
19
conviction for purposes of this Article.
20

For purposes of this Section, "convicted" shall have the
21
same meaning as "adjudicated".
22

(B) As used in this Article, "sex offense" means:
23

(1) A violation of any of the following Sections of
24

the Criminal Code of 1961 or the Criminal Code of 2012:
25

10-9 (trafficking in persons, involuntary
26

servitude, and related offenses),

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11-20.1 (child sexual abuse material or child
2

pornography),
3

11-20.1B or 11-20.3 (aggravated child
4

pornography),
5

11-6 (indecent solicitation of a child),
6

11-9.1 (sexual exploitation of a child),
7

11-9.2 (custodial sexual misconduct),
8

11-9.5 (sexual misconduct with a person with a
9

disability),
10

11-14.4 (promoting commercial sexual exploitation
11

of a child),
12

11-15.1 (soliciting for a sexually exploited
13

child),
14

11-18.1 (patronizing a sexually exploited child),
15

11-17.1 (keeping a place of commercial sexual
16

exploitation of a child),
17

11-19.1 (juvenile pimping),
18

11-19.2 (exploitation of a child),
19

11-25 (grooming),
20

11-26 (traveling to meet a minor or traveling to
21

meet a child),
22

11-1.20 or 12-13 (criminal sexual assault),
23

11-1.30 or 12-14 (aggravated criminal sexual
24

assault),
25

11-1.40 or 12-14.1 (predatory criminal sexual
26

assault of a child),

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1

11-1.50 or 12-15 (criminal sexual abuse),
2

11-1.60 or 12-16 (aggravated criminal sexual
3

abuse),
4

12-33 (ritualized abuse of a child).
5

An attempt to commit any of these offenses.
6

(1.5) A violation of any of the following Sections of
7

the Criminal Code of 1961 or the Criminal Code of 2012,
8

when the victim is a person under 18 years of age, the
9

defendant is not a parent of the victim, the offense was
10

sexually motivated as defined in Section 10 of the Sex
11

Offender Evaluation and Treatment Act, and the offense was
12

committed on or after January 1, 1996:
13

10-1 (kidnapping),
14

10-2 (aggravated kidnapping),
15

10-3 (unlawful restraint),
16

10-3.1 (aggravated unlawful restraint).
17

If the offense was committed before January 1, 1996,
18

it is a sex offense requiring registration only when the
19

person is convicted of any felony after July 1, 2011, and
20

paragraph (2.1) of subsection (c) of Section 3 of this Act
21

applies.
22

(1.6) First degree murder under Section 9-1 of the
23

Criminal Code of 1961 or the Criminal Code of 2012,
24

provided the offense was sexually motivated as defined in
25

Section 10 of the Sex Offender Management Board Act.
26

(1.7) (Blank).

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1

(1.8) A violation or attempted violation of Section
2

11-11 (sexual relations within families) of the Criminal
3

Code of 1961 or the Criminal Code of 2012, and the offense
4

was committed on or after June 1, 1997. If the offense was
5

committed before June 1, 1997, it is a sex offense
6

requiring registration only when the person is convicted
7

of any felony after July 1, 2011, and paragraph (2.1) of
8

subsection (c) of Section 3 of this Act applies.
9

(1.9) Child abduction under paragraph (10) of
10

subsection (b) of Section 10-5 of the Criminal Code of
11

1961 or the Criminal Code of 2012 committed by luring or
12

attempting to lure a child under the age of 16 into a motor
13

vehicle, building, house trailer, or dwelling place
14

without the consent of the parent or lawful custodian of
15

the child for other than a lawful purpose and the offense
16

was committed on or after January 1, 1998, provided the
17

offense was sexually motivated as defined in Section 10 of
18

the Sex Offender Management Board Act. If the offense was
19

committed before January 1, 1998, it is a sex offense
20

requiring registration only when the person is convicted
21

of any felony after July 1, 2011, and paragraph (2.1) of
22

subsection (c) of Section 3 of this Act applies.
23

(1.10) A violation or attempted violation of any of
24

the following Sections of the Criminal Code of 1961 or the
25

Criminal Code of 2012 when the offense was committed on or
26

after July 1, 1999:

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1

10-4 (forcible detention, if the victim is under
2

18 years of age), provided the offense was sexually
3

motivated as defined in Section 10 of the Sex Offender
4

Management Board Act,
5

11-6.5 (indecent solicitation of an adult),
6

11-14.3 that involves soliciting for a person
7

engaged in the sex trade, or 11-15 (soliciting for a
8

person engaged in the sex trade, if the victim is under
9

18 years of age),
10

subdivision (a)(2)(A) or (a)(2)(B) of Section
11

11-14.3, or Section 11-16 (pandering, if the victim is
12

under 18 years of age),
13

11-18 (patronizing a person engaged in the sex
14

trade, if the victim is under 18 years of age),
15

subdivision (a)(2)(C) of Section 11-14.3, or
16

Section 11-19 (pimping, if the victim is under 18
17

years of age).
18

If the offense was committed before July 1, 1999, it
19

is a sex offense requiring registration only when the
20

person is convicted of any felony after July 1, 2011, and
21

paragraph (2.1) of subsection (c) of Section 3 of this Act
22

applies.
23

(1.11) A violation or attempted violation of any of
24

the following Sections of the Criminal Code of 1961 or the
25

Criminal Code of 2012 when the offense was committed on or
26

after August 22, 2002:

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1

11-9 or 11-30 (public indecency for a third or
2

subsequent conviction).
3

If the third or subsequent conviction was imposed
4

before August 22, 2002, it is a sex offense requiring
5

registration only when the person is convicted of any
6

felony after July 1, 2011, and paragraph (2.1) of
7

subsection (c) of Section 3 of this Act applies.
8

(1.12) A violation or attempted violation of Section
9

5.1 of the Wrongs to Children Act or Section 11-9.1A of the
10

Criminal Code of 1961 or the Criminal Code of 2012
11

(permitting sexual abuse) when the offense was committed
12

on or after August 22, 2002. If the offense was committed
13

before August 22, 2002, it is a sex offense requiring
14

registration only when the person is convicted of any
15

felony after July 1, 2011, and paragraph (2.1) of
16

subsection (c) of Section 3 of this Act applies.
17

(2) A violation of any former law of this State
18

substantially equivalent to any offense listed in
19

subsection (B) of this Section.
20

(C) A conviction for an offense of federal law, Uniform
21
Code of Military Justice, or the law of another state or a
22
foreign country that is substantially equivalent to any
23
offense listed in subsections (B), (C), (E), and (E-5) of this
24
Section shall constitute a conviction for the purpose of this
25
Article. A finding or adjudication as a sexually dangerous
26
person or a sexually violent person under any federal law,

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1
Uniform Code of Military Justice, or the law of another state
2
or foreign country that is substantially equivalent to the
3
Sexually Dangerous Persons Act or the Sexually Violent Persons
4
Commitment Act shall constitute an adjudication for the
5
purposes of this Article.
6

(C-5) A person at least 17 years of age at the time of the
7
commission of the offense who is convicted of first degree
8
murder under Section 9-1 of the Criminal Code of 1961 or the
9
Criminal Code of 2012, against a person under 18 years of age,
10
shall be required to register for natural life. A conviction
11
for an offense of federal, Uniform Code of Military Justice,
12
sister state, or foreign country law that is substantially
13
equivalent to any offense listed in subsection (C-5) of this
14
Section shall constitute a conviction for the purpose of this
15
Article. This subsection (C-5) applies to a person who
16
committed the offense before June 1, 1996 if: (i) the person is
17
incarcerated in an Illinois Department of Corrections facility
18
on August 20, 2004 (the effective date of Public Act 93-977),
19
or (ii) subparagraph (i) does not apply and the person is
20
convicted of any felony after July 1, 2011, and paragraph
21
(2.1) of subsection (c) of Section 3 of this Act applies.
22

(C-6) A person who is convicted or adjudicated delinquent
23
of first degree murder as defined in Section 9-1 of the
24
Criminal Code of 1961 or the Criminal Code of 2012, against a
25
person 18 years of age or over, shall be required to register
26
for his or her natural life. A conviction for an offense of

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1
federal, Uniform Code of Military Justice, sister state, or
2
foreign country law that is substantially equivalent to any
3
offense listed in subsection (C-6) of this Section shall
4
constitute a conviction for the purpose of this Article. This
5
subsection (C-6) does not apply to those individuals released
6
from incarceration more than 10 years prior to January 1, 2012
7
(the effective date of Public Act 97-154).
8

(D) As used in this Article, "law enforcement agency
9
having jurisdiction" means the Chief of Police in each of the
10
municipalities in which the sex offender expects to reside,
11
work, or attend school (1) upon his or her discharge, parole or
12
release or (2) during the service of his or her sentence of
13
probation or conditional discharge, or the Sheriff of the
14
county, in the event no Police Chief exists or if the offender
15
intends to reside, work, or attend school in an unincorporated
16
area. "Law enforcement agency having jurisdiction" includes
17
the location where out-of-state students attend school and
18
where out-of-state employees are employed or are otherwise
19
required to register.
20

(D-1) As used in this Article, "supervising officer" means
21
the assigned Illinois Department of Corrections parole agent
22
or county probation officer.
23

(E) As used in this Article, "sexual predator" means any
24
person who, after July 1, 1999, is:
25

(1) Convicted for an offense of federal, Uniform Code
26

of Military Justice, sister state, or foreign country law

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1

that is substantially equivalent to any offense listed in
2

subsection (E) or (E-5) of this Section shall constitute a
3

conviction for the purpose of this Article. Convicted of a
4

violation or attempted violation of any of the following
5

Sections of the Criminal Code of 1961 or the Criminal Code
6

of 2012:
7

10-5.1 (luring of a minor),
8

11-14.4 that involves keeping a place of
9

commercial sexual exploitation of a child, or 11-17.1
10

(keeping a place of commercial sexual exploitation of
11

a child),
12

subdivision (a)(2) or (a)(3) of Section 11-14.4,
13

or Section 11-19.1 (juvenile pimping),
14

subdivision (a)(4) of Section 11-14.4, or Section
15

11-19.2 (exploitation of a child),
16

11-20.1 (child sexual abuse material or child
17

pornography),
18

11-20.1B or 11-20.3 (aggravated child
19

pornography),
20

11-1.20 or 12-13 (criminal sexual assault),
21

11-1.30 or 12-14 (aggravated criminal sexual
22

assault),
23

11-1.40 or 12-14.1 (predatory criminal sexual
24

assault of a child),
25

11-1.60 or 12-16 (aggravated criminal sexual
26

abuse),

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1

12-33 (ritualized abuse of a child);
2

(2) (blank);
3

(3) declared as a sexually dangerous person pursuant
4

to the Sexually Dangerous Persons Act or any substantially
5

similar federal, Uniform Code of Military Justice, sister
6

state, or foreign country law;
7

(4) found to be a sexually violent person pursuant to
8

the Sexually Violent Persons Commitment Act or any
9

substantially similar federal, Uniform Code of Military
10

Justice, sister state, or foreign country law;
11

(5) convicted of a second or subsequent offense which
12

requires registration pursuant to this Act. For purposes
13

of this paragraph (5), "convicted" shall include a
14

conviction under any substantially similar Illinois,
15

federal, Uniform Code of Military Justice, sister state,
16

or foreign country law;
17

(6) (blank); or
18

(7) if the person was convicted of an offense set
19

forth in this subsection (E) on or before July 1, 1999, the
20

person is a sexual predator for whom registration is
21

required only when the person is convicted of a felony
22

offense after July 1, 2011, and paragraph (2.1) of
23

subsection (c) of Section 3 of this Act applies.
24

(E-5) As used in this Article, "sexual predator" also
25
means a person convicted of a violation or attempted violation
26
of any of the following Sections of the Criminal Code of 1961

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1
or the Criminal Code of 2012:
2

(1) Section 9-1 (first degree murder, when the victim
3

was a person under 18 years of age and the defendant was at
4

least 17 years of age at the time of the commission of the
5

offense, provided the offense was sexually motivated as
6

defined in Section 10 of the Sex Offender Management Board
7

Act);
8

(2) Section 11-9.5 (sexual misconduct with a person
9

with a disability);
10

(3) when the victim is a person under 18 years of age,
11

the defendant is not a parent of the victim, the offense
12

was sexually motivated as defined in Section 10 of the Sex
13

Offender Management Board Act, and the offense was
14

committed on or after January 1, 1996: (A) Section 10-1
15

(kidnapping), (B) Section 10-2 (aggravated kidnapping),
16

(C) Section 10-3 (unlawful restraint), and (D) Section
17

10-3.1 (aggravated unlawful restraint); and
18

(4) Section 10-5(b)(10) (child abduction committed by
19

luring or attempting to lure a child under the age of 16
20

into a motor vehicle, building, house trailer, or dwelling
21

place without the consent of the parent or lawful
22

custodian of the child for other than a lawful purpose and
23

the offense was committed on or after January 1, 1998,
24

provided the offense was sexually motivated as defined in
25

Section 10 of the Sex Offender Management Board Act).
26

(E-10) As used in this Article, "sexual predator" also

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means a person required to register in another State due to a
2
conviction, adjudication or other action of any court
3
triggering an obligation to register as a sex offender, sexual
4
predator, or substantially similar status under the laws of
5
that State.
6

(F) As used in this Article, "out-of-state student" means
7
any sex offender, as defined in this Section, or sexual
8
predator who is enrolled in Illinois, on a full-time or
9
part-time basis, in any public or private educational
10
institution, including, but not limited to, any secondary
11
school, trade or professional institution, or institution of
12
higher learning.
13

(G) As used in this Article, "out-of-state employee" means
14
any sex offender, as defined in this Section, or sexual
15
predator who works in Illinois, regardless of whether the
16
individual receives payment for services performed, for a
17
period of time of 10 or more days or for an aggregate period of
18
time of 30 or more days during any calendar year. Persons who
19
operate motor vehicles in the State accrue one day of
20
employment time for any portion of a day spent in Illinois.
21

(H) As used in this Article, "school" means any public or
22
private educational institution, including, but not limited
23
to, any elementary or secondary school, trade or professional
24
institution, or institution of higher education.
25

(I) As used in this Article, "fixed residence" means any
26
and all places that a sex offender resides for an aggregate

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period of time of 5 or more days in a calendar year.
2

(J) As used in this Article, "Internet protocol address"
3
means the string of numbers by which a location on the Internet
4
is identified by routers or other computers connected to the
5
Internet.
6
(Source: P.A. 103-1071, eff. 7-1-25; 104-245, eff. 1-1-26;
7
revised 11-21-25.)

8

Section 35.
The Crime Victims Compensation Act is amended
9
by changing Section 6.1 as follows:

10

(740 ILCS 45/6.1)

(from Ch. 70, par. 76.1)
11

Sec. 6.1.
Right to compensation.
A person is entitled to
12
compensation under this Act if:
13

(a) Timing. Within 5 years of the occurrence of the
14

crime, or within one year after a criminal charge of a
15

person for an offense, upon which the claim is based, the
16

applicant presents an application, under oath, to the
17

Attorney General that is filed with the Court of Claims
18

and on a form prescribed in accordance with Section 7.1
19

furnished by the Attorney General. If the person entitled
20

to compensation is under 18 years of age or under other
21

legal disability at the time of the occurrence or is
22

determined by a court to be under a legal disability as a
23

result of the occurrence, he or she may present the
24

application required by this subsection within 3 years

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after he or she attains the age of 18 years or the
2

disability is removed, as the case may be. Legal
3

disability includes a diagnosis of posttraumatic stress
4

disorder.
5

(a-1) The Attorney General and the Court of Claims may
6

accept an application presented after the period provided
7

in subsection (a) if the Attorney General determines that
8

the applicant had good cause for a delay.
9

(b) Notification. The appropriate law enforcement
10

officials were notified within 72 hours of the
11

perpetration of the crime allegedly causing the death or
12

injury to the victim. If the notification was made more
13

than 72 hours after the perpetration of the crime and the
14

applicant establishes that the notice was timely under the
15

circumstances, the Attorney General and the Court of
16

Claims may extend the time for reporting to law
17

enforcement.
18

For victims of offenses defined in Sections 10-9,
19

11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, and
20

12-14 of the Criminal Code of 1961 or the Criminal Code of
21

2012, the appropriate law enforcement officials were
22

notified within 7 days of the perpetration of the crime
23

allegedly causing death or injury to the victim or, if the
24

notification was made more than 7 days after the
25

perpetration of the crime, the applicant establishes that
26

the notice was timely under the circumstances.

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(b-1) If, in lieu of a law enforcement report, the
2

applicant or victim has obtained an order of protection, a
3

civil no contact order, or a stalking no contact order,
4

has presented to a medical facility for medical care or
5

sexual assault evidence collection, has presented to a
6

mental health provider for an independent medical
7

evaluation, or is engaged in a legal proceeding involving
8

a claim that the applicant or victim is a victim of human
9

trafficking or law enforcement use of force, such action
10

shall constitute appropriate notification under this
11

Section.
12

(b-2) For purposes of notification under this Act, a
13

victim who presents to a medical facility shall provide
14

information sufficient to fulfill the requirements of this
15

Section, except that the victim shall not be required to
16

identify the offender to the medical provider.
17

(b-3) An applicant who is filing a claim that a law
18

enforcement officer's use of force caused injury or death,
19

may fulfill the notification requirement by complying with
20

subsection (b), filing a complaint with the Illinois Law
21

Enforcement Training Standards Board, filing a lawsuit
22

against a law enforcement officer or department, or
23

presenting evidence that the victim has obtained a
24

settlement or a verdict in a civil suit. An application
25

filed by an individual presenting evidence of a verdict in
26

a civil suit must be filed within one year after the

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resolution of the civil suit.
2

(b-4) An applicant may provide notification to a
3

mental health provider regarding physical injuries of the
4

victim or for victims of offenses defined in Sections
5

10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
6

11-14.4, 12-3.2, 12-3.3, 12-3.4, 12-7.3, 12-7.4 of the
7

Criminal Code of 2012, psychological injuries resulting
8

from the commission of the crime for which the applicant
9

is filing an application. The provider shall perform an
10

independent medical evaluation and provide the provider's
11

professional opinion as to whether the injuries claimed
12

are consistent with having resulted from the commission of
13

the crime for which the applicant is filing an
14

application.
15

Upon completion of the independent medical evaluation,
16

the mental health provider shall complete a certification
17

form, signed under oath. The form shall be provided by the
18

Office of the Attorney General and contain the following:
19

(1) The provider's name, title, license number and
20

place of employment.
21

(2) Contact information for the provider.
22

(3) The provider's relationship with the
23

applicant.
24

(4) The date the crime was reported to the
25

provider.
26

(5) The reported crime.

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(6) The date and location of the crime.
2

(7) If there are physical injuries, what injuries
3

that the mental health provider can attest to being
4

present on the day of the reporting if they are
5

consistent with the crime reported to the provider.
6

(8) If there are psychological injuries, whether
7

the provider in his or her professional opinion
8

believes that the injuries presented on the day of the
9

reporting are consistent with the crime reported to
10

the provider.
11

(9) A detailed summary of the incident, as
12

reported.
13

(10) Any documentation or photos that relate to
14

the crime of violence for which the applicant is
15

seeking reimbursement.
16

(c) Cooperation. The applicant has cooperated with law
17

enforcement officials in the apprehension and prosecution
18

of the assailant. If the applicant or victim has obtained
19

an order of protection, a civil no contact order, or a
20

stalking no contact order, has presented to a medical
21

facility for medical care or sexual assault evidence
22

collection, obtained an independent medical examination
23

from a mental health provider as described in subsection
24

(b-4), has taken any of the actions described in
25

subsection (b-3), or is engaged in a legal proceeding
26

involving a claim that the applicant or victim is a victim

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of human trafficking, such action shall constitute
2

cooperation under this subsection (c). If the victim is
3

under 18 years of age at the time of the commission of the
4

offense, the following shall constitute cooperation under
5

this subsection (c):
6

(1) the applicant or the victim files a police
7

report with a law enforcement agency;
8

(2) a mandated reporter reports the crime to law
9

enforcement; or
10

(3) a person with firsthand knowledge of the crime
11

reports the crime to law enforcement.
12

In evaluating cooperation, the Attorney General and
13

Court of Claims may consider the victim's age, physical
14

condition, psychological state, cultural or linguistic
15

barriers, and compelling health and safety concerns,
16

including, but not limited to, a reasonable fear of
17

retaliation or harm that would jeopardize the well-being
18

of the victim or the victim's family, and giving due
19

consideration to the degree of cooperation that the victim
20

or derivative victim is capable of in light of the
21

presence of any of these factors, or any other factor the
22

Attorney General considers relevant.
23

(d) If the applicant is not barred from receiving
24

compensation under Section 10.1.
25

(e) (Blank).
26

(f) (Blank).

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1

(f-5) Notwithstanding any other provision of this Act
2

to the contrary, a trafficking victim as defined in
3

Section 10-9 of the Criminal Code of 2012 who is under 18
4

years of age is not subject to the filing requirements of
5

this Act and is not subject to the eligibility
6

requirements of this Act.

7

(g) (Blank).
8

The changes made to this Section by this amendatory Act of
9
the 101st General Assembly apply to actions commenced or
10
pending on or after January 1, 2022.
11
(Source: P.A. 102-27, eff. 6-25-21; 103-1037, eff. 1-1-25
.)

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INDEX

2

Statutes amended in order of appearance

3

50 ILCS 705/7
4

325 ILCS 5/3
from Ch. 23, par. 2053
5

705 ILCS 405/5-915
6

720 ILCS 5/10-9
7

720 ILCS 5/11-18.1
from Ch. 38, par. 11-18.1
8

720 ILCS 5/11-20.1
9

720 ILCS 5/11-25
10

720 ILCS 5/11-27 new
11

725 ILCS 5/116-2.1
12

730 ILCS 150/2
13

740 ILCS 45/6.1
from Ch. 70, par. 76.1

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