|
|
Public Act 093-0977
|
| HB6811 Enrolled |
LRB093 18363 RLC 44070 b |
|
|
AN ACT concerning sex offenders.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Sex Offender Registration Act is amended by |
changing Sections 2 and 6 as follows:
|
(730 ILCS 150/2) (from Ch. 38, par. 222)
|
Sec. 2. Definitions.
|
(A) As used in this Article, "sex offender" means any |
person who is:
|
(1) charged pursuant to Illinois law, or any |
substantially similar
federal, Uniform Code of Military |
Justice, sister state, or foreign country
law,
with a sex |
offense set forth
in subsection (B) of this Section or the |
attempt to commit an included sex
offense, and:
|
(a) is convicted of such offense or an attempt to |
commit such offense;
or
|
(b) is found not guilty by reason of insanity of |
such offense or an
attempt to commit such offense; or
|
(c) is found not guilty by reason of insanity |
pursuant to Section
104-25(c) of the Code of Criminal |
Procedure of 1963 of such offense or an
attempt to |
commit such offense; or
|
(d) is the subject of a finding not resulting in an |
acquittal at a
hearing conducted pursuant to Section |
104-25(a) of the Code of Criminal
Procedure of 1963 for |
the alleged commission or attempted commission of such
|
offense; or
|
(e) is found not guilty by reason of insanity |
following a hearing
conducted pursuant to a federal, |
Uniform Code of Military Justice, sister
state, or |
foreign country law
substantially similar to Section |
104-25(c) of the Code of Criminal Procedure
of 1963 of |
|
such offense or of the attempted commission of such |
offense; or
|
(f) is the subject of a finding not resulting in an |
acquittal at a
hearing conducted pursuant to a federal, |
Uniform Code of Military Justice,
sister state, or |
foreign country law
substantially similar to Section |
104-25(a) of the Code of Criminal Procedure
of 1963 for |
the alleged violation or attempted commission of such |
offense;
or
|
(2) certified as a sexually dangerous person pursuant |
to the Illinois
Sexually Dangerous Persons Act, or any |
substantially similar federal, Uniform
Code of Military |
Justice, sister
state, or foreign country law; or
|
(3) subject to the provisions of Section 2 of the |
Interstate
Agreements on Sexually Dangerous Persons Act; |
or
|
(4) found to be a sexually violent person pursuant to |
the Sexually
Violent Persons Commitment Act or any |
substantially similar federal, Uniform
Code of Military |
Justice, sister
state, or foreign country law; or
|
(5) adjudicated a juvenile delinquent as the result of |
committing or
attempting to commit an act which, if |
committed by an adult, would constitute
any of the offenses |
specified in item (B), (C), or (C-5) of this Section or a
|
violation of any substantially similar federal, Uniform |
Code of Military
Justice, sister state, or foreign
country |
law, or found guilty under Article V of the Juvenile Court |
Act of 1987
of committing or attempting to commit an act |
which, if committed by an adult,
would constitute any of |
the offenses specified in item (B), (C), or (C-5) of
this |
Section or a violation of any substantially similar |
federal, Uniform Code
of Military Justice, sister state,
or |
foreign country law.
|
Convictions that result from or are connected with the same |
act, or result
from offenses committed at the same time, shall |
be counted for the purpose of
this Article as one conviction. |
|
Any conviction set aside pursuant to law is
not a conviction |
for purposes of this Article.
|
For purposes of this Section, "convicted" shall have the |
same meaning as
"adjudicated".
|
(B) As used in this Article, "sex offense" means:
|
(1) A violation of any of the following Sections of the |
Criminal Code of
1961:
|
11-20.1 (child pornography),
|
11-6 (indecent solicitation of a child),
|
11-9.1 (sexual exploitation of a child),
|
11-15.1 (soliciting for a juvenile prostitute),
|
11-18.1 (patronizing a juvenile prostitute),
|
11-17.1 (keeping a place of juvenile |
prostitution),
|
11-19.1 (juvenile pimping),
|
11-19.2 (exploitation of a child),
|
12-13 (criminal sexual assault),
|
12-14 (aggravated criminal sexual assault),
|
12-14.1 (predatory criminal sexual assault of a |
child),
|
12-15 (criminal sexual abuse),
|
12-16 (aggravated criminal sexual abuse),
|
12-33 (ritualized abuse of a child).
|
An attempt to commit any of these offenses.
|
(1.5) A violation of any of the following Sections of |
the
Criminal Code of 1961, when the victim is a person |
under 18 years of age, the
defendant is not a parent of the |
victim, and the offense was committed on or
after January |
1, 1996:
|
10-1 (kidnapping),
|
10-2 (aggravated kidnapping),
|
10-3 (unlawful restraint),
|
10-3.1 (aggravated unlawful restraint).
|
An attempt to commit any of these offenses.
|
(1.6) First degree murder under Section 9-1 of the |
Criminal Code of 1961,
when the victim was a person under |
|
18 years of age and , the defendant was at least
17 years of |
age at the time of the commission of the offense, and the |
offense
was committed on or after June 1, 1996.
|
(1.7) (Blank).
|
(1.8) A violation or attempted violation of Section |
11-11 (sexual
relations within families) of the Criminal |
Code of 1961, and the offense was committed on or after
|
June 1, 1997.
|
(1.9) Child abduction under paragraph (10) of |
subsection
(b) of Section 10-5 of the Criminal Code of 1961 |
committed by luring or
attempting to lure a child under the |
age of 16 into a motor vehicle, building,
house trailer, or |
dwelling place without the consent of the parent or lawful
|
custodian of the child for other than a lawful purpose and |
the offense was
committed on or after January 1, 1998.
|
(1.10) A violation or attempted violation of any of the |
following Sections
of the Criminal Code of 1961 when the |
offense was committed on or after July
1, 1999:
|
10-4 (forcible detention, if the victim is under 18 |
years of age),
|
11-6.5 (indecent solicitation of an adult),
|
11-15 (soliciting for a prostitute, if the victim |
is under 18 years
of age),
|
11-16 (pandering, if the victim is under 18 years |
of age),
|
11-18 (patronizing a prostitute, if the victim is |
under 18 years
of age),
|
11-19 (pimping, if the victim is under 18 years of |
age).
|
(1.11) A violation or attempted violation of any of the |
following
Sections of the Criminal Code of 1961 when the |
offense was committed on or
after the effective date of |
this amendatory Act of the 92nd General Assembly:
|
11-9 (public indecency for a third or subsequent |
conviction),
|
11-9.2 (custodial sexual misconduct).
|
|
(1.12) A violation or attempted violation of Section
|
5.1 of the Wrongs to Children Act (permitting sexual abuse) |
when the
offense was committed on or after the effective |
date of this amendatory Act of
the 92nd General Assembly.
|
(2) A violation of any former law of this State |
substantially equivalent
to any offense listed in |
subsection (B) of this Section.
|
(C) A conviction for an offense of federal law, Uniform |
Code of Military
Justice, or the law of another state
or a |
foreign country that is substantially equivalent to any offense |
listed
in subsections (B), (C), and (E) of this Section shall
|
constitute a
conviction for the purpose
of this Article. A |
finding or adjudication as a sexually dangerous person
or a |
sexually violent person under any federal law, Uniform Code of |
Military
Justice, or the law of another state or
foreign |
country that is substantially equivalent to the Sexually |
Dangerous
Persons Act or the Sexually Violent Persons |
Commitment Act shall constitute an
adjudication for the |
purposes of this Article.
|
(C-5) A person at least 17 years of age at the time of the |
commission of
the offense who is convicted of first degree |
murder under Section 9-1 of the
Criminal Code of 1961, |
committed on or after
June 1, 1996 against a person
under 18 |
years of age, shall be required to register
for natural life.
A |
conviction for an offense of federal, Uniform Code of Military |
Justice,
sister state, or foreign country law that is |
substantially equivalent to any
offense listed in subsection |
(C-5) of this Section shall constitute a
conviction for the |
purpose of this Article. This subsection (C-5) applies to a |
person who committed the offense before June 1, 1996 only if |
the person is incarcerated in an Illinois Department of |
Corrections facility on the effective date of this amendatory |
Act of the 93rd General Assembly.
|
(D) As used in this Article, "law enforcement agency having |
jurisdiction"
means the Chief of Police in each of the |
municipalities in which the sex offender
expects to reside, |
|
work, or attend school (1) upon his or her discharge,
parole or |
release or
(2) during the service of his or her sentence of |
probation or conditional
discharge, or the Sheriff of the |
county, in the event no Police Chief exists
or if the offender |
intends to reside, work, or attend school in an
unincorporated |
area.
"Law enforcement agency having jurisdiction" includes |
the location where
out-of-state students attend school and |
where out-of-state employees are
employed or are otherwise |
required to register.
|
(E) As used in this Article, "sexual predator" means any |
person who,
after July 1, 1999, is:
|
(1) Convicted for an offense of federal, Uniform Code |
of Military
Justice, sister state, or foreign country law |
that is substantially equivalent
to any offense listed in |
subsection (E) of this Section shall constitute a
|
conviction for the purpose of this Article.
Convicted of a |
violation or attempted violation of any of the following
|
Sections of the
Criminal Code of 1961, if the conviction |
occurred after July
1, 1999:
|
11-17.1 (keeping a place of juvenile |
prostitution),
|
11-19.1 (juvenile pimping),
|
11-19.2 (exploitation of a child),
|
11-20.1 (child pornography),
|
12-13 (criminal sexual assault, if the victim is a |
person under 12
years of age),
|
12-14 (aggravated criminal sexual assault),
|
12-14.1 (predatory criminal sexual assault of a |
child),
|
12-16 (aggravated criminal sexual abuse),
|
12-33 (ritualized abuse of a child); or
|
(2) convicted of first degree murder under Section 9-1 |
of the Criminal
Code of 1961, when the victim was a person |
under 18 years of age and the
defendant was at least 17 |
years of age at the time of the commission of the
offense; |
or
|
|
(3) certified as a sexually dangerous person pursuant |
to the Sexually
Dangerous Persons Act or any substantially |
similar federal, Uniform Code of
Military Justice, sister |
state, or
foreign country law; or
|
(4) found to be a sexually violent person pursuant to |
the Sexually Violent
Persons Commitment Act or any |
substantially similar federal, Uniform Code of
Military |
Justice, sister state, or
foreign country law; or
|
(5) convicted of a second or subsequent offense which |
requires
registration pursuant to this Act. The conviction |
for the second or subsequent
offense must have occurred |
after July 1, 1999. For purposes of this paragraph
(5), |
"convicted" shall include a conviction under any
|
substantially similar
Illinois, federal, Uniform Code of |
Military Justice, sister state, or
foreign country law.
|
(F) As used in this Article, "out-of-state student" means |
any sex
offender, as defined in this Section,
or sexual |
predator who is enrolled in Illinois, on a full-time or |
part-time
basis, in any public or private educational |
institution, including, but not
limited to, any secondary |
school, trade or professional institution, or
institution of |
higher learning.
|
(G) As used in this Article, "out-of-state employee" means |
any sex
offender, as defined in this Section,
or sexual |
predator who works in Illinois, regardless of whether the |
individual
receives payment for services performed, for a |
period of time of 10 or more days
or for an aggregate period of |
time of 30 or more days
during any calendar year.
Persons who |
operate motor vehicles in the State accrue one day of |
employment
time for any portion of a day spent in Illinois.
|
(Source: P.A. 91-48, eff. 7-1-99; 92-828, eff. 8-22-02.)
|
(730 ILCS 150/6) (from Ch. 38, par. 226)
|
Sec. 6. Duty to report; change of address, school, or |
employment; duty
to inform.
A person who has been adjudicated |
to be sexually dangerous or is a sexually
violent person and is |
|
later released, or found to be no longer sexually
dangerous or |
no longer a sexually violent person and discharged, shall |
report in
person to the law enforcement agency with whom he or |
she last registered no
later than 90 days after the date of his |
or her last registration and every 90
days thereafter. Any |
other person who is required to register under this
Article |
shall report in person to the appropriate law enforcement |
agency with
whom he or she last registered within one year from |
the date of last
registration and every year thereafter. If any |
person required to register
under this Article changes his or |
her residence address, place of
employment,
or school, he or |
she shall, in writing, within 10 days inform the law
|
enforcement agency
with whom he or she last registered of his |
or her new address, change in
employment, or school and |
register with the appropriate law enforcement
agency within the
|
time period specified in Section 3. The law enforcement agency |
shall, within 3
days of receipt, notify the Department of State |
Police and the law enforcement
agency having jurisdiction of |
the new place of residence, change in
employment, or school.
|
If any person required to register under this Article |
intends to establish
establishes a
residence or employment |
outside of the State of Illinois, at least
within 10 days
|
before
after establishing that residence or employment, he or |
she shall, in writing,
inform the law enforcement agency with |
which he or she last registered of his
or her out-of-state |
intended residence or employment. The law enforcement agency |
with
which such person last registered shall, within 3 days |
notice of an address or
employment change, notify the |
Department of State Police. The Department of
State Police |
shall forward such information to the out-of-state law |
enforcement
agency having jurisdiction in the form and manner |
prescribed by the
Department of State Police.
|
(Source: P.A. 91-48, eff. 7-1-99; 91-394, eff. 1-1-00; 92-16, |
eff.
6-28-01; 92-828, eff. 8-22-02.)
|
Section 99. Effective date. This Act takes effect upon |