SB1321 EngrossedLRB100 08174 RLC 18269 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Sex Offender Management Board Act is amended
5by changing Section 10 as follows:
 
6    (20 ILCS 4026/10)
7    Sec. 10. Definitions. In this Act, unless the context
8otherwise requires:
9    (a) "Board" means the Sex Offender Management Board created
10in Section 15.
11    (b) "Sex offender" means any person who is convicted or
12found delinquent in the State of Illinois, or under any
13substantially similar federal law or law of another state, of
14any sex offense or attempt of a sex offense as defined in
15subsection (c) of this Section, or any former statute of this
16State that defined a felony sex offense, or who has been
17declared as a sexually dangerous person under the Sexually
18Dangerous Persons Act or declared a sexually violent person
19under the Sexually Violent Persons Commitment Act, or any
20substantially similar federal law or law of another state.
21    (c) "Sex offense" means any felony or misdemeanor offense
22described in this subsection (c) as follows:
23        (1) Indecent solicitation of a child, in violation of

 

 

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1    Section 11-6 of the Criminal Code of 1961 or the Criminal
2    Code of 2012;
3        (2) Indecent solicitation of an adult, in violation of
4    Section 11-6.5 of the Criminal Code of 1961 or the Criminal
5    Code of 2012;
6        (3) Public indecency, in violation of Section 11-9 or
7    11-30 of the Criminal Code of 1961 or the Criminal Code of
8    2012;
9        (4) Sexual exploitation of a child, in violation of
10    Section 11-9.1 of the Criminal Code of 1961 or the Criminal
11    Code of 2012;
12        (5) Sexual relations within families, in violation of
13    Section 11-11 of the Criminal Code of 1961 or the Criminal
14    Code of 2012;
15        (6) Promoting juvenile prostitution or soliciting for
16    a juvenile prostitute, in violation of Section 11-14.4 or
17    11-15.1 of the Criminal Code of 1961 or the Criminal Code
18    of 2012;
19        (7) Promoting juvenile prostitution or keeping a place
20    of juvenile prostitution, in violation of Section 11-14.4
21    or 11-17.1 of the Criminal Code of 1961 or the Criminal
22    Code of 2012;
23        (8) Patronizing a juvenile prostitute, in violation of
24    Section 11-18.1 of the Criminal Code of 1961 or the
25    Criminal Code of 2012;
26        (9) Promoting juvenile prostitution or juvenile

 

 

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1    pimping, in violation of Section 11-14.4 or 11-19.1 of the
2    Criminal Code of 1961 or the Criminal Code of 2012;
3        (10) promoting juvenile prostitution or exploitation
4    of a child, in violation of Section 11-14.4 or 11-19.2 of
5    the Criminal Code of 1961 or the Criminal Code of 2012;
6        (11) Child pornography, in violation of Section
7    11-20.1 of the Criminal Code of 1961 or the Criminal Code
8    of 2012;
9        (11.5) Aggravated child pornography, in violation of
10    Section 11-20.1B or 11-20.3 of the Criminal Code of 1961;
11        (12) Harmful material, in violation of Section 11-21 of
12    the Criminal Code of 1961 or the Criminal Code of 2012;
13        (13) Criminal sexual assault, in violation of Section
14    11-1.20 or 12-13 of the Criminal Code of 1961 or the
15    Criminal Code of 2012;
16        (13.5) Grooming, in violation of Section 11-25 of the
17    Criminal Code of 1961 or the Criminal Code of 2012;
18        (14) Aggravated criminal sexual assault, in violation
19    of Section 11-1.30 or 12-14 of the Criminal Code of 1961 or
20    the Criminal Code of 2012;
21        (14.5) Traveling to meet a minor or traveling to meet a
22    child, in violation of Section 11-26 of the Criminal Code
23    of 1961 or the Criminal Code of 2012;
24        (15) Predatory criminal sexual assault of a child, in
25    violation of Section 11-1.40 or 12-14.1 of the Criminal
26    Code of 1961 or the Criminal Code of 2012;

 

 

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1        (16) Criminal sexual abuse, in violation of Section
2    11-1.50 or 12-15 of the Criminal Code of 1961 or the
3    Criminal Code of 2012;
4        (17) Aggravated criminal sexual abuse, in violation of
5    Section 11-1.60 or 12-16 of the Criminal Code of 1961 or
6    the Criminal Code of 2012;
7        (18) Ritualized abuse of a child, in violation of
8    Section 12-33 of the Criminal Code of 1961 or the Criminal
9    Code of 2012;
10        (19) An attempt to commit any of the offenses
11    enumerated in this subsection (c); or
12        (20) Any felony offense under Illinois law that is
13    sexually motivated.
14    (d) "Management" means treatment, and supervision of any
15sex offender that conforms to the standards created by the
16Board under Section 15.
17    (e) "Sexually motivated" means one or more of the facts of
18the underlying offense indicates conduct that is of a sexual
19nature or that shows an intent to engage in behavior of a
20sexual nature.
21    (f) "Sex offender evaluator" means a person licensed under
22the Sex Offender Evaluation and Treatment Provider Act to
23conduct sex offender evaluations.
24    (g) "Sex offender treatment provider" means a person
25licensed under the Sex Offender Evaluation and Treatment
26Provider Act to provide sex offender treatment services.

 

 

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1    (h) "Associate sex offender provider" means a person
2licensed under the Sex Offender Evaluation and Treatment
3Provider Act to provide sex offender evaluations and to provide
4sex offender treatment under the supervision of a licensed sex
5offender evaluator or a licensed sex offender treatment
6provider.
7(Source: P.A. 96-1551, eff. 7-1-11; 97-1098, eff. 1-1-13;
897-1150, eff. 1-25-13.)
 
9    Section 10. The Criminal Code of 2012 is amended by
10changing Sections 11-9.3, 11-25, and 11-26 as follows:
 
11    (720 ILCS 5/11-9.3)
12    Sec. 11-9.3. Presence within school zone by child sex
13offenders prohibited; approaching, contacting, residing with,
14or communicating with a child within certain places by child
15sex offenders prohibited.
16    (a) It is unlawful for a child sex offender to knowingly be
17present in any school building, on real property comprising any
18school, or in any conveyance owned, leased, or contracted by a
19school to transport students to or from school or a school
20related activity when persons under the age of 18 are present
21in the building, on the grounds or in the conveyance, unless
22the offender is a parent or guardian of a student attending the
23school and the parent or guardian is: (i) attending a
24conference at the school with school personnel to discuss the

 

 

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1progress of his or her child academically or socially, (ii)
2participating in child review conferences in which evaluation
3and placement decisions may be made with respect to his or her
4child regarding special education services, or (iii) attending
5conferences to discuss other student issues concerning his or
6her child such as retention and promotion and notifies the
7principal of the school of his or her presence at the school or
8unless the offender has permission to be present from the
9superintendent or the school board or in the case of a private
10school from the principal. In the case of a public school, if
11permission is granted, the superintendent or school board
12president must inform the principal of the school where the sex
13offender will be present. Notification includes the nature of
14the sex offender's visit and the hours in which the sex
15offender will be present in the school. The sex offender is
16responsible for notifying the principal's office when he or she
17arrives on school property and when he or she departs from
18school property. If the sex offender is to be present in the
19vicinity of children, the sex offender has the duty to remain
20under the direct supervision of a school official.
21    (a-5) It is unlawful for a child sex offender to knowingly
22be present within 100 feet of a site posted as a pick-up or
23discharge stop for a conveyance owned, leased, or contracted by
24a school to transport students to or from school or a school
25related activity when one or more persons under the age of 18
26are present at the site.

 

 

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1    (a-10) It is unlawful for a child sex offender to knowingly
2be present in any public park building, a playground or
3recreation area within any publicly accessible privately owned
4building, or on real property comprising any public park when
5persons under the age of 18 are present in the building or on
6the grounds and to approach, contact, or communicate with a
7child under 18 years of age, unless the offender is a parent or
8guardian of a person under 18 years of age present in the
9building or on the grounds.
10    (b) It is unlawful for a child sex offender to knowingly
11loiter within 500 feet of a school building or real property
12comprising any school while persons under the age of 18 are
13present in the building or on the grounds, unless the offender
14is a parent or guardian of a student attending the school and
15the parent or guardian is: (i) attending a conference at the
16school with school personnel to discuss the progress of his or
17her child academically or socially, (ii) participating in child
18review conferences in which evaluation and placement decisions
19may be made with respect to his or her child regarding special
20education services, or (iii) attending conferences to discuss
21other student issues concerning his or her child such as
22retention and promotion and notifies the principal of the
23school of his or her presence at the school or has permission
24to be present from the superintendent or the school board or in
25the case of a private school from the principal. In the case of
26a public school, if permission is granted, the superintendent

 

 

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1or school board president must inform the principal of the
2school where the sex offender will be present. Notification
3includes the nature of the sex offender's visit and the hours
4in which the sex offender will be present in the school. The
5sex offender is responsible for notifying the principal's
6office when he or she arrives on school property and when he or
7she departs from school property. If the sex offender is to be
8present in the vicinity of children, the sex offender has the
9duty to remain under the direct supervision of a school
10official.
11    (b-2) It is unlawful for a child sex offender to knowingly
12loiter on a public way within 500 feet of a public park
13building or real property comprising any public park while
14persons under the age of 18 are present in the building or on
15the grounds and to approach, contact, or communicate with a
16child under 18 years of age, unless the offender is a parent or
17guardian of a person under 18 years of age present in the
18building or on the grounds.
19    (b-5) It is unlawful for a child sex offender to knowingly
20reside within 500 feet of a school building or the real
21property comprising any school that persons under the age of 18
22attend. Nothing in this subsection (b-5) prohibits a child sex
23offender from residing within 500 feet of a school building or
24the real property comprising any school that persons under 18
25attend if the property is owned by the child sex offender and
26was purchased before July 7, 2000 (the effective date of Public

 

 

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1Act 91-911).
2    (b-10) It is unlawful for a child sex offender to knowingly
3reside within 500 feet of a playground, child care institution,
4day care center, part day child care facility, day care home,
5group day care home, or a facility providing programs or
6services exclusively directed toward persons under 18 years of
7age. Nothing in this subsection (b-10) prohibits a child sex
8offender from residing within 500 feet of a playground or a
9facility providing programs or services exclusively directed
10toward persons under 18 years of age if the property is owned
11by the child sex offender and was purchased before July 7,
122000. Nothing in this subsection (b-10) prohibits a child sex
13offender from residing within 500 feet of a child care
14institution, day care center, or part day child care facility
15if the property is owned by the child sex offender and was
16purchased before June 26, 2006. Nothing in this subsection
17(b-10) prohibits a child sex offender from residing within 500
18feet of a day care home or group day care home if the property
19is owned by the child sex offender and was purchased before
20August 14, 2008 (the effective date of Public Act 95-821).
21    (b-15) It is unlawful for a child sex offender to knowingly
22reside within 500 feet of the victim of the sex offense.
23Nothing in this subsection (b-15) prohibits a child sex
24offender from residing within 500 feet of the victim if the
25property in which the child sex offender resides is owned by
26the child sex offender and was purchased before August 22,

 

 

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12002.
2    This subsection (b-15) does not apply if the victim of the
3sex offense is 21 years of age or older.
4    (b-20) It is unlawful for a child sex offender to knowingly
5communicate, other than for a lawful purpose under Illinois
6law, using the Internet or any other digital media, with a
7person under 18 years of age or with a person whom he or she
8believes to be a person under 18 years of age, unless the
9offender is a parent or guardian of the person under 18 years
10of age.
11    (c) It is unlawful for a child sex offender to knowingly
12operate, manage, be employed by, volunteer at, be associated
13with, or knowingly be present at any: (i) facility providing
14programs or services exclusively directed toward persons under
15the age of 18; (ii) day care center; (iii) part day child care
16facility; (iv) child care institution; (v) school providing
17before and after school programs for children under 18 years of
18age; (vi) day care home; or (vii) group day care home. This
19does not prohibit a child sex offender from owning the real
20property upon which the programs or services are offered or
21upon which the day care center, part day child care facility,
22child care institution, or school providing before and after
23school programs for children under 18 years of age is located,
24provided the child sex offender refrains from being present on
25the premises for the hours during which: (1) the programs or
26services are being offered or (2) the day care center, part day

 

 

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1child care facility, child care institution, or school
2providing before and after school programs for children under
318 years of age, day care home, or group day care home is
4operated.
5    (c-2) It is unlawful for a child sex offender to
6participate in a holiday event involving children under 18
7years of age, including but not limited to distributing candy
8or other items to children on Halloween, wearing a Santa Claus
9costume on or preceding Christmas, being employed as a
10department store Santa Claus, or wearing an Easter Bunny
11costume on or preceding Easter. For the purposes of this
12subsection, child sex offender has the meaning as defined in
13this Section, but does not include as a sex offense under
14paragraph (2) of subsection (d) of this Section, the offense
15under subsection (c) of Section 11-1.50 of this Code. This
16subsection does not apply to a child sex offender who is a
17parent or guardian of children under 18 years of age that are
18present in the home and other non-familial minors are not
19present.
20    (c-5) It is unlawful for a child sex offender to knowingly
21operate, manage, be employed by, or be associated with any
22county fair when persons under the age of 18 are present.
23    (c-6) It is unlawful for a child sex offender who owns and
24resides at residential real estate to knowingly rent any
25residential unit within the same building in which he or she
26resides to a person who is the parent or guardian of a child or

 

 

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1children under 18 years of age. This subsection shall apply
2only to leases or other rental arrangements entered into after
3January 1, 2009 (the effective date of Public Act 95-820).
4    (c-7) It is unlawful for a child sex offender to knowingly
5offer or provide any programs or services to persons under 18
6years of age in his or her residence or the residence of
7another or in any facility for the purpose of offering or
8providing such programs or services, whether such programs or
9services are offered or provided by contract, agreement,
10arrangement, or on a volunteer basis.
11    (c-8) It is unlawful for a child sex offender to knowingly
12operate, whether authorized to do so or not, any of the
13following vehicles: (1) a vehicle which is specifically
14designed, constructed or modified and equipped to be used for
15the retail sale of food or beverages, including but not limited
16to an ice cream truck; (2) an authorized emergency vehicle; or
17(3) a rescue vehicle.
18    (d) Definitions. In this Section:
19        (1) "Child sex offender" means any person who:
20            (i) has been charged under Illinois law, or any
21        substantially similar federal law or law of another
22        state, with a sex offense set forth in paragraph (2) of
23        this subsection (d) or the attempt to commit an
24        included sex offense, and the victim is a person under
25        18 years of age at the time of the offense; and:
26                (A) is convicted of such offense or an attempt

 

 

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1            to commit such offense; or
2                (B) is found not guilty by reason of insanity
3            of such offense or an attempt to commit such
4            offense; or
5                (C) is found not guilty by reason of insanity
6            pursuant to subsection (c) of Section 104-25 of the
7            Code of Criminal Procedure of 1963 of such offense
8            or an attempt to commit such offense; or
9                (D) is the subject of a finding not resulting
10            in an acquittal at a hearing conducted pursuant to
11            subsection (a) of Section 104-25 of the Code of
12            Criminal Procedure of 1963 for the alleged
13            commission or attempted commission of such
14            offense; or
15                (E) is found not guilty by reason of insanity
16            following a hearing conducted pursuant to a
17            federal law or the law of another state
18            substantially similar to subsection (c) of Section
19            104-25 of the Code of Criminal Procedure of 1963 of
20            such offense or of the attempted commission of such
21            offense; or
22                (F) is the subject of a finding not resulting
23            in an acquittal at a hearing conducted pursuant to
24            a federal law or the law of another state
25            substantially similar to subsection (a) of Section
26            104-25 of the Code of Criminal Procedure of 1963

 

 

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1            for the alleged violation or attempted commission
2            of such offense; or
3            (ii) is certified as a sexually dangerous person
4        pursuant to the Illinois Sexually Dangerous Persons
5        Act, or any substantially similar federal law or the
6        law of another state, when any conduct giving rise to
7        such certification is committed or attempted against a
8        person less than 18 years of age; or
9            (iii) is subject to the provisions of Section 2 of
10        the Interstate Agreements on Sexually Dangerous
11        Persons Act.
12        Convictions that result from or are connected with the
13    same act, or result from offenses committed at the same
14    time, shall be counted for the purpose of this Section as
15    one conviction. Any conviction set aside pursuant to law is
16    not a conviction for purposes of this Section.
17        (2) Except as otherwise provided in paragraph (2.5),
18    "sex offense" means:
19            (i) A violation of any of the following Sections of
20        the Criminal Code of 1961 or the Criminal Code of 2012:
21        10-4 (forcible detention), 10-7 (aiding or abetting
22        child abduction under Section 10-5(b)(10)),
23        10-5(b)(10) (child luring), 11-1.40 (predatory
24        criminal sexual assault of a child), 11-6 (indecent
25        solicitation of a child), 11-6.5 (indecent
26        solicitation of an adult), 11-9.1 (sexual exploitation

 

 

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1        of a child), 11-9.2 (custodial sexual misconduct),
2        11-9.5 (sexual misconduct with a person with a
3        disability), 11-11 (sexual relations within families),
4        11-14.3(a)(1) (promoting prostitution by advancing
5        prostitution), 11-14.3(a)(2)(A) (promoting
6        prostitution by profiting from prostitution by
7        compelling a person to be a prostitute),
8        11-14.3(a)(2)(C) (promoting prostitution by profiting
9        from prostitution by means other than as described in
10        subparagraphs (A) and (B) of paragraph (2) of
11        subsection (a) of Section 11-14.3), 11-14.4 (promoting
12        juvenile prostitution), 11-18.1 (patronizing a
13        juvenile prostitute), 11-20.1 (child pornography),
14        11-20.1B (aggravated child pornography), 11-21
15        (harmful material), 11-25 (grooming), 11-26 (traveling
16        to meet a minor or traveling to meet a child), 12-33
17        (ritualized abuse of a child), 11-20 (obscenity) (when
18        that offense was committed in any school, on real
19        property comprising any school, in any conveyance
20        owned, leased, or contracted by a school to transport
21        students to or from school or a school related
22        activity, or in a public park), 11-30 (public
23        indecency) (when committed in a school, on real
24        property comprising a school, in any conveyance owned,
25        leased, or contracted by a school to transport students
26        to or from school or a school related activity, or in a

 

 

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1        public park). An attempt to commit any of these
2        offenses.
3            (ii) A violation of any of the following Sections
4        of the Criminal Code of 1961 or the Criminal Code of
5        2012, when the victim is a person under 18 years of
6        age: 11-1.20 (criminal sexual assault), 11-1.30
7        (aggravated criminal sexual assault), 11-1.50
8        (criminal sexual abuse), 11-1.60 (aggravated criminal
9        sexual abuse). An attempt to commit any of these
10        offenses.
11            (iii) A violation of any of the following Sections
12        of the Criminal Code of 1961 or the Criminal Code of
13        2012, when the victim is a person under 18 years of age
14        and the defendant is not a parent of the victim:
15            10-1 (kidnapping),
16            10-2 (aggravated kidnapping),
17            10-3 (unlawful restraint),
18            10-3.1 (aggravated unlawful restraint),
19            11-9.1(A) (permitting sexual abuse of a child).
20            An attempt to commit any of these offenses.
21            (iv) A violation of any former law of this State
22        substantially equivalent to any offense listed in
23        clause (2)(i) or (2)(ii) of subsection (d) of this
24        Section.
25        (2.5) For the purposes of subsections (b-5) and (b-10)
26    only, a sex offense means:

 

 

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1            (i) A violation of any of the following Sections of
2        the Criminal Code of 1961 or the Criminal Code of 2012:
3             10-5(b)(10) (child luring), 10-7 (aiding or
4        abetting child abduction under Section 10-5(b)(10)),
5        11-1.40 (predatory criminal sexual assault of a
6        child), 11-6 (indecent solicitation of a child),
7        11-6.5 (indecent solicitation of an adult), 11-9.2
8        (custodial sexual misconduct), 11-9.5 (sexual
9        misconduct with a person with a disability), 11-11
10        (sexual relations within families), 11-14.3(a)(1)
11        (promoting prostitution by advancing prostitution),
12        11-14.3(a)(2)(A) (promoting prostitution by profiting
13        from prostitution by compelling a person to be a
14        prostitute), 11-14.3(a)(2)(C) (promoting prostitution
15        by profiting from prostitution by means other than as
16        described in subparagraphs (A) and (B) of paragraph (2)
17        of subsection (a) of Section 11-14.3), 11-14.4
18        (promoting juvenile prostitution), 11-18.1
19        (patronizing a juvenile prostitute), 11-20.1 (child
20        pornography), 11-20.1B (aggravated child pornography),
21        11-25 (grooming), 11-26 (traveling to meet a minor or
22        traveling to meet a child), or 12-33 (ritualized abuse
23        of a child). An attempt to commit any of these
24        offenses.
25            (ii) A violation of any of the following Sections
26        of the Criminal Code of 1961 or the Criminal Code of

 

 

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1        2012, when the victim is a person under 18 years of
2        age: 11-1.20 (criminal sexual assault), 11-1.30
3        (aggravated criminal sexual assault), 11-1.60
4        (aggravated criminal sexual abuse), and subsection (a)
5        of Section 11-1.50 (criminal sexual abuse). An attempt
6        to commit any of these offenses.
7            (iii) A violation of any of the following Sections
8        of the Criminal Code of 1961 or the Criminal Code of
9        2012, when the victim is a person under 18 years of age
10        and the defendant is not a parent of the victim:
11            10-1 (kidnapping),
12            10-2 (aggravated kidnapping),
13            10-3 (unlawful restraint),
14            10-3.1 (aggravated unlawful restraint),
15            11-9.1(A) (permitting sexual abuse of a child).
16            An attempt to commit any of these offenses.
17            (iv) A violation of any former law of this State
18        substantially equivalent to any offense listed in this
19        paragraph (2.5) of this subsection.
20        (3) A conviction for an offense of federal law or the
21    law of another state that is substantially equivalent to
22    any offense listed in paragraph (2) of subsection (d) of
23    this Section shall constitute a conviction for the purpose
24    of this Section. A finding or adjudication as a sexually
25    dangerous person under any federal law or law of another
26    state that is substantially equivalent to the Sexually

 

 

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1    Dangerous Persons Act shall constitute an adjudication for
2    the purposes of this Section.
3        (4) "Authorized emergency vehicle", "rescue vehicle",
4    and "vehicle" have the meanings ascribed to them in
5    Sections 1-105, 1-171.8 and 1-217, respectively, of the
6    Illinois Vehicle Code.
7        (5) "Child care institution" has the meaning ascribed
8    to it in Section 2.06 of the Child Care Act of 1969.
9        (6) "Day care center" has the meaning ascribed to it in
10    Section 2.09 of the Child Care Act of 1969.
11        (7) "Day care home" has the meaning ascribed to it in
12    Section 2.18 of the Child Care Act of 1969.
13        (8) "Facility providing programs or services directed
14    towards persons under the age of 18" means any facility
15    providing programs or services exclusively directed
16    towards persons under the age of 18.
17        (9) "Group day care home" has the meaning ascribed to
18    it in Section 2.20 of the Child Care Act of 1969.
19        (10) "Internet" has the meaning set forth in Section
20    16-0.1 of this Code.
21        (11) "Loiter" means:
22            (i) Standing, sitting idly, whether or not the
23        person is in a vehicle, or remaining in or around
24        school or public park property.
25            (ii) Standing, sitting idly, whether or not the
26        person is in a vehicle, or remaining in or around

 

 

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1        school or public park property, for the purpose of
2        committing or attempting to commit a sex offense.
3            (iii) Entering or remaining in a building in or
4        around school property, other than the offender's
5        residence.
6        (12) "Part day child care facility" has the meaning
7    ascribed to it in Section 2.10 of the Child Care Act of
8    1969.
9        (13) "Playground" means a piece of land owned or
10    controlled by a unit of local government that is designated
11    by the unit of local government for use solely or primarily
12    for children's recreation.
13        (14) "Public park" includes a park, forest preserve,
14    bikeway, trail, or conservation area under the
15    jurisdiction of the State or a unit of local government.
16        (15) "School" means a public or private preschool or
17    elementary or secondary school.
18        (16) "School official" means the principal, a teacher,
19    or any other certified employee of the school, the
20    superintendent of schools or a member of the school board.
21    (e) For the purposes of this Section, the 500 feet distance
22shall be measured from: (1) the edge of the property of the
23school building or the real property comprising the school that
24is closest to the edge of the property of the child sex
25offender's residence or where he or she is loitering, and (2)
26the edge of the property comprising the public park building or

 

 

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1the real property comprising the public park, playground, child
2care institution, day care center, part day child care
3facility, or facility providing programs or services
4exclusively directed toward persons under 18 years of age, or a
5victim of the sex offense who is under 21 years of age, to the
6edge of the child sex offender's place of residence or place
7where he or she is loitering.
8    (f) Sentence. A person who violates this Section is guilty
9of a Class 4 felony.
10(Source: P.A. 97-698, eff. 1-1-13; 97-699, eff. 1-1-13;
1197-1150, eff. 1-25-13; 98-266, eff. 1-1-14.)
 
12    (720 ILCS 5/11-25)
13    Sec. 11-25. Grooming.
14    (a) A person commits grooming when he or she knowingly uses
15a computer on-line service, Internet service, local bulletin
16board service, or any other device capable of electronic data
17storage or transmission to seduce, solicit, lure, or entice, or
18attempt to seduce, solicit, lure, or entice, a child, a child's
19guardian, or another person believed by the person to be a
20child or a child's guardian, to commit any sex offense as
21defined in Section 2 of the Sex Offender Registration Act, to
22distribute photographs depicting the sex organs of the child,
23or to otherwise engage in any unlawful sexual conduct with a
24child or with another person believed by the person to be a
25child. As used in this Section, "child" means a person under 17

 

 

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1years of age.
2    (b) Sentence. Grooming is a Class 4 felony.
3(Source: P.A. 98-919, eff. 1-1-15.)
 
4    (720 ILCS 5/11-26)
5    Sec. 11-26. Traveling to meet a child minor.
6    (a) A person commits the offense of traveling to meet a
7child minor when he or she travels any distance either within
8this State, to this State, or from this State by any means,
9attempts to do so, or causes another to do so or attempt to do
10so for the purpose of engaging in any sex offense as defined in
11Section 2 of the Sex Offender Registration Act, or to otherwise
12engage in other unlawful sexual conduct with a child or with
13another person believed by the person to be a child after using
14a computer on-line service, Internet service, local bulletin
15board service, or any other device capable of electronic data
16storage or transmission to seduce, solicit, lure, or entice, or
17to attempt to seduce, solicit, lure, or entice, a child or a
18child's guardian, or another person believed by the person to
19be a child or a child's guardian, for such purpose. As used in
20this Section, "child" means a person under 17 years of age.
21    (b) Sentence. Traveling to meet a child minor is a Class 3
22felony.
23(Source: P.A. 95-901, eff. 1-1-09.)
 
24    Section 15. The Sex Offender Registration Act is amended by

 

 

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1changing Section 2 as follows:
 
2    (730 ILCS 150/2)  (from Ch. 38, par. 222)
3    Sec. 2. Definitions.
4    (A) As used in this Article, "sex offender" means any
5person who is:
6        (1) charged pursuant to Illinois law, or any
7    substantially similar federal, Uniform Code of Military
8    Justice, sister state, or foreign country law, with a sex
9    offense set forth in subsection (B) of this Section or the
10    attempt to commit an included sex offense, and:
11            (a) is convicted of such offense or an attempt to
12        commit such offense; or
13            (b) is found not guilty by reason of insanity of
14        such offense or an attempt to commit such offense; or
15            (c) is found not guilty by reason of insanity
16        pursuant to Section 104-25(c) of the Code of Criminal
17        Procedure of 1963 of such offense or an attempt to
18        commit such offense; or
19            (d) is the subject of a finding not resulting in an
20        acquittal at a hearing conducted pursuant to Section
21        104-25(a) of the Code of Criminal Procedure of 1963 for
22        the alleged commission or attempted commission of such
23        offense; or
24            (e) is found not guilty by reason of insanity
25        following a hearing conducted pursuant to a federal,

 

 

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1        Uniform Code of Military Justice, sister state, or
2        foreign country law substantially similar to Section
3        104-25(c) of the Code of Criminal Procedure of 1963 of
4        such offense or of the attempted commission of such
5        offense; or
6            (f) is the subject of a finding not resulting in an
7        acquittal at a hearing conducted pursuant to a federal,
8        Uniform Code of Military Justice, sister state, or
9        foreign country law substantially similar to Section
10        104-25(a) of the Code of Criminal Procedure of 1963 for
11        the alleged violation or attempted commission of such
12        offense; or
13        (2) declared as a sexually dangerous person pursuant to
14    the Illinois Sexually Dangerous Persons Act, or any
15    substantially similar federal, Uniform Code of Military
16    Justice, sister state, or foreign country law; or
17        (3) subject to the provisions of Section 2 of the
18    Interstate Agreements on Sexually Dangerous Persons Act;
19    or
20        (4) found to be a sexually violent person pursuant to
21    the Sexually Violent Persons Commitment Act or any
22    substantially similar federal, Uniform Code of Military
23    Justice, sister state, or foreign country law; or
24        (5) adjudicated a juvenile delinquent as the result of
25    committing or attempting to commit an act which, if
26    committed by an adult, would constitute any of the offenses

 

 

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1    specified in item (B), (C), or (C-5) of this Section or a
2    violation of any substantially similar federal, Uniform
3    Code of Military Justice, sister state, or foreign country
4    law, or found guilty under Article V of the Juvenile Court
5    Act of 1987 of committing or attempting to commit an act
6    which, if committed by an adult, would constitute any of
7    the offenses specified in item (B), (C), or (C-5) of this
8    Section or a violation of any substantially similar
9    federal, Uniform Code of Military Justice, sister state, or
10    foreign country law.
11    Convictions that result from or are connected with the same
12act, or result from offenses committed at the same time, shall
13be counted for the purpose of this Article as one conviction.
14Any conviction set aside pursuant to law is not a conviction
15for purposes of this Article.
16     For purposes of this Section, "convicted" shall have the
17same meaning as "adjudicated".
18    (B) As used in this Article, "sex offense" means:
19        (1) A violation of any of the following Sections of the
20    Criminal Code of 1961 or the Criminal Code of 2012:
21            11-20.1 (child pornography),
22            11-20.1B or 11-20.3 (aggravated child
23        pornography),
24            11-6 (indecent solicitation of a child),
25            11-9.1 (sexual exploitation of a child),
26            11-9.2 (custodial sexual misconduct),

 

 

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1            11-9.5 (sexual misconduct with a person with a
2        disability),
3            11-14.4 (promoting juvenile prostitution),
4            11-15.1 (soliciting for a juvenile prostitute),
5            11-18.1 (patronizing a juvenile prostitute),
6            11-17.1 (keeping a place of juvenile
7        prostitution),
8            11-19.1 (juvenile pimping),
9            11-19.2 (exploitation of a child),
10            11-25 (grooming),
11            11-26 (traveling to meet a minor or traveling to
12        meet a child),
13            11-1.20 or 12-13 (criminal sexual assault),
14            11-1.30 or 12-14 (aggravated criminal sexual
15        assault),
16            11-1.40 or 12-14.1 (predatory criminal sexual
17        assault of a child),
18            11-1.50 or 12-15 (criminal sexual abuse),
19            11-1.60 or 12-16 (aggravated criminal sexual
20        abuse),
21            12-33 (ritualized abuse of a child).
22            An attempt to commit any of these offenses.
23        (1.5) A violation of any of the following Sections of
24    the Criminal Code of 1961 or the Criminal Code of 2012,
25    when the victim is a person under 18 years of age, the
26    defendant is not a parent of the victim, the offense was

 

 

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1    sexually motivated as defined in Section 10 of the Sex
2    Offender Evaluation and Treatment Act, and the offense was
3    committed on or after January 1, 1996:
4            10-1 (kidnapping),
5            10-2 (aggravated kidnapping),
6            10-3 (unlawful restraint),
7            10-3.1 (aggravated unlawful restraint).
8        If the offense was committed before January 1, 1996, it
9    is a sex offense requiring registration only when the
10    person is convicted of any felony after July 1, 2011, and
11    paragraph (2.1) of subsection (c) of Section 3 of this Act
12    applies.
13        (1.6) First degree murder under Section 9-1 of the
14    Criminal Code of 1961 or the Criminal Code of 2012,
15    provided the offense was sexually motivated as defined in
16    Section 10 of the Sex Offender Management Board Act.
17        (1.7) (Blank).
18        (1.8) A violation or attempted violation of Section
19    11-11 (sexual relations within families) of the Criminal
20    Code of 1961 or the Criminal Code of 2012, and the offense
21    was committed on or after June 1, 1997. If the offense was
22    committed before June 1, 1997, it is a sex offense
23    requiring registration only when the person is convicted of
24    any felony after July 1, 2011, and paragraph (2.1) of
25    subsection (c) of Section 3 of this Act applies.
26        (1.9) Child abduction under paragraph (10) of

 

 

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1    subsection (b) of Section 10-5 of the Criminal Code of 1961
2    or the Criminal Code of 2012 committed by luring or
3    attempting to lure a child under the age of 16 into a motor
4    vehicle, building, house trailer, or dwelling place
5    without the consent of the parent or lawful custodian of
6    the child for other than a lawful purpose and the offense
7    was committed on or after January 1, 1998, provided the
8    offense was sexually motivated as defined in Section 10 of
9    the Sex Offender Management Board Act. If the offense was
10    committed before January 1, 1998, it is a sex offense
11    requiring registration only when the person is convicted of
12    any felony after July 1, 2011, and paragraph (2.1) of
13    subsection (c) of Section 3 of this Act applies.
14        (1.10) A violation or attempted violation of any of the
15    following Sections of the Criminal Code of 1961 or the
16    Criminal Code of 2012 when the offense was committed on or
17    after July 1, 1999:
18            10-4 (forcible detention, if the victim is under 18
19        years of age), provided the offense was sexually
20        motivated as defined in Section 10 of the Sex Offender
21        Management Board Act,
22            11-6.5 (indecent solicitation of an adult),
23            11-14.3 that involves soliciting for a prostitute,
24        or 11-15 (soliciting for a prostitute, if the victim is
25        under 18 years of age),
26            subdivision (a)(2)(A) or (a)(2)(B) of Section

 

 

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1        11-14.3, or Section 11-16 (pandering, if the victim is
2        under 18 years of age),
3            11-18 (patronizing a prostitute, if the victim is
4        under 18 years of age),
5            subdivision (a)(2)(C) of Section 11-14.3, or
6        Section 11-19 (pimping, if the victim is under 18 years
7        of age).
8        If the offense was committed before July 1, 1999, it is
9    a sex offense requiring registration only when the person
10    is convicted of any felony after July 1, 2011, and
11    paragraph (2.1) of subsection (c) of Section 3 of this Act
12    applies.
13        (1.11) A violation or attempted violation of any of the
14    following Sections of the Criminal Code of 1961 or the
15    Criminal Code of 2012 when the offense was committed on or
16    after August 22, 2002:
17            11-9 or 11-30 (public indecency for a third or
18        subsequent conviction).
19        If the third or subsequent conviction was imposed
20    before August 22, 2002, it is a sex offense requiring
21    registration only when the person is convicted of any
22    felony after July 1, 2011, and paragraph (2.1) of
23    subsection (c) of Section 3 of this Act applies.
24        (1.12) A violation or attempted violation of Section
25    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
26    Criminal Code of 1961 or the Criminal Code of 2012

 

 

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1    (permitting sexual abuse) when the offense was committed on
2    or after August 22, 2002. If the offense was committed
3    before August 22, 2002, it is a sex offense requiring
4    registration only when the person is convicted of any
5    felony after July 1, 2011, and paragraph (2.1) of
6    subsection (c) of Section 3 of this Act applies.
7        (2) A violation of any former law of this State
8    substantially equivalent to any offense listed in
9    subsection (B) of this Section.
10    (C) A conviction for an offense of federal law, Uniform
11Code of Military Justice, or the law of another state or a
12foreign country that is substantially equivalent to any offense
13listed in subsections (B), (C), (E), and (E-5) of this Section
14shall constitute a conviction for the purpose of this Article.
15A finding or adjudication as a sexually dangerous person or a
16sexually violent person under any federal law, Uniform Code of
17Military Justice, or the law of another state or foreign
18country that is substantially equivalent to the Sexually
19Dangerous Persons Act or the Sexually Violent Persons
20Commitment Act shall constitute an adjudication for the
21purposes of this Article.
22    (C-5) A person at least 17 years of age at the time of the
23commission of the offense who is convicted of first degree
24murder under Section 9-1 of the Criminal Code of 1961 or the
25Criminal Code of 2012, against a person under 18 years of age,
26shall be required to register for natural life. A conviction

 

 

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1for an offense of federal, Uniform Code of Military Justice,
2sister state, or foreign country law that is substantially
3equivalent to any offense listed in subsection (C-5) of this
4Section shall constitute a conviction for the purpose of this
5Article. This subsection (C-5) applies to a person who
6committed the offense before June 1, 1996 if: (i) the person is
7incarcerated in an Illinois Department of Corrections facility
8on August 20, 2004 (the effective date of Public Act 93-977),
9or (ii) subparagraph (i) does not apply and the person is
10convicted of any felony after July 1, 2011, and paragraph (2.1)
11of subsection (c) of Section 3 of this Act applies.
12    (C-6) A person who is convicted or adjudicated delinquent
13of first degree murder as defined in Section 9-1 of the
14Criminal Code of 1961 or the Criminal Code of 2012, against a
15person 18 years of age or over, shall be required to register
16for his or her natural life. A conviction for an offense of
17federal, Uniform Code of Military Justice, sister state, or
18foreign country law that is substantially equivalent to any
19offense listed in subsection (C-6) of this Section shall
20constitute a conviction for the purpose of this Article. This
21subsection (C-6) does not apply to those individuals released
22from incarceration more than 10 years prior to January 1, 2012
23(the effective date of Public Act 97-154).
24    (D) As used in this Article, "law enforcement agency having
25jurisdiction" means the Chief of Police in each of the
26municipalities in which the sex offender expects to reside,

 

 

SB1321 Engrossed- 32 -LRB100 08174 RLC 18269 b

1work, or attend school (1) upon his or her discharge, parole or
2release or (2) during the service of his or her sentence of
3probation or conditional discharge, or the Sheriff of the
4county, in the event no Police Chief exists or if the offender
5intends to reside, work, or attend school in an unincorporated
6area. "Law enforcement agency having jurisdiction" includes
7the location where out-of-state students attend school and
8where out-of-state employees are employed or are otherwise
9required to register.
10    (D-1) As used in this Article, "supervising officer" means
11the assigned Illinois Department of Corrections parole agent or
12county probation officer.
13    (E) As used in this Article, "sexual predator" means any
14person who, after July 1, 1999, is:
15        (1) Convicted for an offense of federal, Uniform Code
16    of Military Justice, sister state, or foreign country law
17    that is substantially equivalent to any offense listed in
18    subsection (E) or (E-5) of this Section shall constitute a
19    conviction for the purpose of this Article. Convicted of a
20    violation or attempted violation of any of the following
21    Sections of the Criminal Code of 1961 or the Criminal Code
22    of 2012:
23            10-5.1 (luring of a minor),
24            11-14.4 that involves keeping a place of juvenile
25        prostitution, or 11-17.1 (keeping a place of juvenile
26        prostitution),

 

 

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1            subdivision (a)(2) or (a)(3) of Section 11-14.4,
2        or Section 11-19.1 (juvenile pimping),
3            subdivision (a)(4) of Section 11-14.4, or Section
4        11-19.2 (exploitation of a child),
5            11-20.1 (child pornography),
6            11-20.1B or 11-20.3 (aggravated child
7        pornography),
8            11-1.20 or 12-13 (criminal sexual assault),
9            11-1.30 or 12-14 (aggravated criminal sexual
10        assault),
11            11-1.40 or 12-14.1 (predatory criminal sexual
12        assault of a child),
13            11-1.60 or 12-16 (aggravated criminal sexual
14        abuse),
15            12-33 (ritualized abuse of a child);
16        (2) (blank);
17        (3) declared as a sexually dangerous person pursuant to
18    the Sexually Dangerous Persons Act or any substantially
19    similar federal, Uniform Code of Military Justice, sister
20    state, or foreign country law;
21        (4) found to be a sexually violent person pursuant to
22    the Sexually Violent Persons Commitment Act or any
23    substantially similar federal, Uniform Code of Military
24    Justice, sister state, or foreign country law;
25        (5) convicted of a second or subsequent offense which
26    requires registration pursuant to this Act. For purposes of

 

 

SB1321 Engrossed- 34 -LRB100 08174 RLC 18269 b

1    this paragraph (5), "convicted" shall include a conviction
2    under any substantially similar Illinois, federal, Uniform
3    Code of Military Justice, sister state, or foreign country
4    law;
5        (6) (blank); or
6        (7) if the person was convicted of an offense set forth
7    in this subsection (E) on or before July 1, 1999, the
8    person is a sexual predator for whom registration is
9    required only when the person is convicted of a felony
10    offense after July 1, 2011, and paragraph (2.1) of
11    subsection (c) of Section 3 of this Act applies.
12    (E-5) As used in this Article, "sexual predator" also means
13a person convicted of a violation or attempted violation of any
14of the following Sections of the Criminal Code of 1961 or the
15Criminal Code of 2012:
16        (1) Section 9-1 (first degree murder, when the victim
17    was a person under 18 years of age and the defendant was at
18    least 17 years of age at the time of the commission of the
19    offense, provided the offense was sexually motivated as
20    defined in Section 10 of the Sex Offender Management Board
21    Act);
22        (2) Section 11-9.5 (sexual misconduct with a person
23    with a disability);
24        (3) when the victim is a person under 18 years of age,
25    the defendant is not a parent of the victim, the offense
26    was sexually motivated as defined in Section 10 of the Sex

 

 

SB1321 Engrossed- 35 -LRB100 08174 RLC 18269 b

1    Offender Management Board Act, and the offense was
2    committed on or after January 1, 1996: (A) Section 10-1
3    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
4    (C) Section 10-3 (unlawful restraint), and (D) Section
5    10-3.1 (aggravated unlawful restraint); and
6        (4) Section 10-5(b)(10) (child abduction committed by
7    luring or attempting to lure a child under the age of 16
8    into a motor vehicle, building, house trailer, or dwelling
9    place without the consent of the parent or lawful custodian
10    of the child for other than a lawful purpose and the
11    offense was committed on or after January 1, 1998, provided
12    the offense was sexually motivated as defined in Section 10
13    of the Sex Offender Management Board Act).
14    (E-10) As used in this Article, "sexual predator" also
15means a person required to register in another State due to a
16conviction, adjudication or other action of any court
17triggering an obligation to register as a sex offender, sexual
18predator, or substantially similar status under the laws of
19that State.
20    (F) As used in this Article, "out-of-state student" means
21any sex offender, as defined in this Section, or sexual
22predator who is enrolled in Illinois, on a full-time or
23part-time basis, in any public or private educational
24institution, including, but not limited to, any secondary
25school, trade or professional institution, or institution of
26higher learning.

 

 

SB1321 Engrossed- 36 -LRB100 08174 RLC 18269 b

1    (G) As used in this Article, "out-of-state employee" means
2any sex offender, as defined in this Section, or sexual
3predator who works in Illinois, regardless of whether the
4individual receives payment for services performed, for a
5period of time of 10 or more days or for an aggregate period of
6time of 30 or more days during any calendar year. Persons who
7operate motor vehicles in the State accrue one day of
8employment time for any portion of a day spent in Illinois.
9    (H) As used in this Article, "school" means any public or
10private educational institution, including, but not limited
11to, any elementary or secondary school, trade or professional
12institution, or institution of higher education.
13    (I) As used in this Article, "fixed residence" means any
14and all places that a sex offender resides for an aggregate
15period of time of 5 or more days in a calendar year.
16    (J) As used in this Article, "Internet protocol address"
17means the string of numbers by which a location on the Internet
18is identified by routers or other computers connected to the
19Internet.
20(Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11;
2196-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12;
2297-1073, eff. 1-1-13; 97-1098, eff. 1-1-13; 97-1109, eff.
231-1-13; 97-1150, eff. 1-25-13.)