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    AN ACT concerning sex offenders.

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


 
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    Section 5. The Sex Offender Registration Act is amended  by 
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changing Sections 2 and 6 as follows:
 



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    (730 ILCS 150/2)  (from Ch. 38, par. 222)



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    Sec. 2. Definitions. 

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


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        (1) charged pursuant to Illinois law, or any 
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substantially similar
federal, Uniform Code of Military 
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Justice, sister state, or foreign country
law,
with a sex 
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offense set forth
in subsection (B) of this Section or the 
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attempt to commit an included sex
offense, and:


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


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


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            (c) is found not guilty by reason of insanity 
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pursuant to Section
104-25(c) of the Code of Criminal 
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Procedure of 1963 of such offense or an
attempt to 
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commit such offense; or


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            (d) is the subject of a finding not resulting in an 
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acquittal at a
hearing conducted pursuant to Section 
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104-25(a) of the Code of Criminal
Procedure of 1963 for 
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the alleged commission or attempted commission of such

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offense; or


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            (e) is found not guilty by reason of insanity 
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following a hearing
conducted pursuant to a federal, 
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Uniform Code of Military Justice, sister
state, or 
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foreign country law
substantially similar to Section 
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104-25(c) of the Code of Criminal Procedure
of 1963 of 
 


 






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such offense or of the attempted commission of such 
2
offense; or


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            (f) is the subject of a finding not resulting in an 
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acquittal at a
hearing conducted pursuant to a federal, 
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Uniform Code of Military Justice,
sister state, or 
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foreign country law
substantially similar to Section 
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104-25(a) of the Code of Criminal Procedure
of 1963 for 
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the alleged violation or attempted commission of such 
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offense;
or


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        (2) certified as a sexually dangerous person pursuant 
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to the Illinois
Sexually Dangerous Persons Act, or any 
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substantially similar federal, Uniform
Code of Military 
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Justice, sister
state, or foreign country law; or


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        (3) subject to the provisions of Section 2 of the 
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Interstate
Agreements on Sexually Dangerous Persons Act; 
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or


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        (4) found to be a sexually violent person pursuant to 
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the Sexually
Violent Persons Commitment Act or any 
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substantially similar federal, Uniform
Code of Military 
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Justice, sister
state, or foreign country law; or


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        (5) adjudicated a juvenile delinquent as the result of 
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committing or
attempting to commit an act which, if 
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committed by an adult, would constitute
any of the offenses 
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specified in item (B), (C), or (C-5) of this Section or a

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violation of any substantially similar federal, Uniform 
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Code of Military
Justice, sister state, or foreign
country 
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law, or found guilty under Article V of the Juvenile Court 
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Act of 1987
of committing or attempting to commit an act 
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which, if committed by an adult,
would constitute any of 
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the offenses specified in item (B), (C), or (C-5) of
this 
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Section or a violation of any substantially similar 
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federal, Uniform Code
of Military Justice, sister state,
or 
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foreign country law.

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    Convictions that result from or are connected with the same 
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act, or result
from offenses committed at the same time, shall 
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be counted for the purpose of
this Article as one conviction.  
 


 






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Any conviction set aside pursuant to law is
not a conviction 
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for purposes of this Article.

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

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


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


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            11-20.1 (child pornography),


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            11-6 (indecent solicitation of a child),


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            11-9.1 (sexual exploitation of a child),


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            11-15.1 (soliciting for a juvenile prostitute),


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            11-18.1 (patronizing a juvenile prostitute),


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            11-17.1 (keeping a place of juvenile 
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prostitution),


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            11-19.1 (juvenile pimping),


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            11-19.2 (exploitation of a child),


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            12-13 (criminal sexual assault),


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            12-14 (aggravated criminal sexual assault),


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            12-14.1 (predatory criminal sexual assault of a 
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child),


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            12-15 (criminal sexual abuse),


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            12-16 (aggravated criminal sexual abuse),


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            12-33 (ritualized abuse of a child).


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            An attempt to commit any of these offenses.


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        (1.5) A violation of any of the following Sections of 
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the
Criminal Code of 1961, when the victim is a person 
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under 18 years of age, the
defendant is not a parent of the 
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victim, and the offense was committed on or
after January 
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1, 1996:


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            10-1 (kidnapping),


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            10-2 (aggravated kidnapping),


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            10-3 (unlawful restraint),


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            10-3.1 (aggravated unlawful restraint).


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            An attempt to commit any of these offenses.


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        (1.6) First degree murder under Section 9-1 of the 
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Criminal Code of 1961,
when the victim was a person under 
 


 






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18 years of age and , the defendant was at least
17 years of 
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age at the time of the commission of the offense, and the 
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offense
was committed on or after June 1, 1996.


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        (1.7) (Blank).


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        (1.8) A violation or attempted violation of Section 
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11-11 (sexual
relations within families) of the Criminal 
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Code of 1961, and the offense was committed on or after

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June 1, 1997.


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        (1.9)   Child abduction under paragraph (10) of 
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subsection
(b) of Section 10-5 of the Criminal Code of 1961 
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committed by luring or
attempting to lure a child under the 
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age of 16 into a motor vehicle, building,
house trailer, or 
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dwelling place without the consent of the parent or lawful

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custodian of the child for other than a lawful purpose and 
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the offense was
committed on or after January 1, 1998.


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        (1.10) A violation or attempted violation of any of the 
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following Sections
of the Criminal Code of 1961 when the 
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offense was committed on or after July
1, 1999:


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            10-4 (forcible detention, if the victim is under 18 
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years of age),


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            11-6.5 (indecent solicitation of an adult),


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            11-15 (soliciting for a prostitute, if the victim 
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is under 18 years
of age),


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            11-16 (pandering, if the victim is under 18 years 
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of age),


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            11-18 (patronizing a prostitute, if the victim is 
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under 18 years
of age),


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            11-19 (pimping, if the victim is under 18 years of 
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age).


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        (1.11) A violation or attempted violation of any of the 
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following
Sections of the Criminal Code of 1961 when the 
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offense was committed on or
after the effective date of 
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this amendatory Act of the 92nd General Assembly:


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            11-9 (public indecency for a third or subsequent 
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conviction),


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            11-9.2 (custodial sexual misconduct).


 


 






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        (1.12) A violation or attempted violation of Section

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5.1 of the Wrongs to Children Act (permitting sexual abuse) 
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when the
offense was committed on or after the effective 
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date of this amendatory Act of
the 92nd General Assembly.


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        (2) A violation of any former law of this State 
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substantially equivalent
to any offense listed in 
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subsection (B) of this Section.

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    (C) A conviction for an offense of federal law, Uniform 
9
Code of Military
Justice, or the law of another state
or a 
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foreign country that is substantially equivalent to any offense 
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listed
in subsections (B), (C), and (E) of this Section shall

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constitute a
conviction for the purpose
of this Article.  A 
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finding or adjudication as a sexually dangerous person
or a 
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sexually violent person under any federal law, Uniform Code of 
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Military
Justice, or the law of another state or
foreign 
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country that is substantially equivalent to the Sexually 
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Dangerous
Persons Act or the Sexually Violent Persons 
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Commitment Act shall constitute an
adjudication for the 
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purposes of this Article.

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    (C-5) A person at least 17 years of age at the time of the 
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commission of
the offense who is convicted of first degree 
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murder under Section 9-1 of the
Criminal Code of 1961, 
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committed on or after
June 1, 1996 against a person
under 18 
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years of age, shall be required to register
for natural life.
A 
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conviction for an offense of federal, Uniform Code of Military 
26
Justice,
sister state, or foreign country law that is 
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substantially equivalent to any
offense listed in subsection 
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(C-5) of this Section shall constitute a
conviction for the 
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purpose of this Article.

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    (D) As used in this Article, "law enforcement agency having 
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jurisdiction"
means the Chief of Police in each of the 
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municipalities in which the sex offender
expects to reside, 
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work, or attend school (1) upon his or her discharge,
parole or 
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release or
(2) during the service of his or her sentence of 
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probation or conditional
discharge, or the Sheriff of the 
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county, in the event no Police Chief exists
or if the offender 
 


 






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intends to reside, work, or attend school in an
unincorporated 
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area.
"Law enforcement agency having jurisdiction" includes 
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the location where
out-of-state students attend school and 
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where out-of-state employees are
employed or are otherwise 
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required to register.

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


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        (1) Convicted for an offense of federal, Uniform Code 
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of Military
Justice, sister state, or foreign country law 
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that is substantially equivalent
to any offense listed in 
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subsection (E) of this Section shall constitute a

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conviction for the purpose of this Article.
Convicted of a 
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violation or attempted violation of any of the following

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Sections of the
Criminal Code of 1961, if the conviction 
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occurred after July
1, 1999:


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            11-17.1 (keeping a place of juvenile 
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prostitution),


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            11-19.1 (juvenile pimping),


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            11-19.2 (exploitation of a child),


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            11-20.1 (child pornography),


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            12-13 (criminal sexual assault, if the victim is a 
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person under 12
years of age),


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            12-14 (aggravated criminal sexual assault),


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            12-14.1 (predatory criminal sexual assault of a 
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child),


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            12-16 (aggravated criminal sexual abuse),


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


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        (2) convicted of first degree murder under Section 9-1 
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of the Criminal
Code of 1961, when the victim was a person 
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under 18 years of age and the
defendant was at least 17 
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years of age at the time of the commission of the
offense; 
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or


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        (3) certified as a sexually dangerous person pursuant 
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to the Sexually
Dangerous Persons Act or any substantially 
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similar federal, Uniform Code of
Military Justice, sister 
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state, or
foreign country law; or


 


 






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        (4) found to be a sexually violent person pursuant to 
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the Sexually Violent
Persons Commitment Act or any 
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substantially similar federal, Uniform Code of
Military 
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Justice, sister state, or
foreign country law; or


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        (5) convicted of a second or subsequent offense which 
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requires
registration pursuant to this Act.  The conviction 
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for the second or subsequent
offense must have occurred 
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after July 1, 1999.  For purposes of this paragraph
(5), 
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"convicted" shall include a conviction under any

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substantially similar
Illinois, federal, Uniform Code of 
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Military Justice, sister state, or
foreign country law.

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

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

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(Source: P.A. 91-48, eff. 7-1-99; 92-828, eff. 8-22-02.)

 



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    (730 ILCS 150/6)  (from Ch. 38, par. 226)



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    Sec. 6. Duty to report; change of address, school, or 
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employment; duty
to inform.
A person who has been adjudicated 
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to be sexually dangerous or is a sexually
violent person and is 
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later released, or found to be no longer sexually
dangerous or 
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no longer a sexually violent person and discharged, shall 
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report in
person to the law enforcement agency with whom he or 
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she last registered no
later than 90 days after the date of his 
 


 






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or her last registration and every 90
days thereafter.  Any 
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other person who is required to register under this
Article 
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shall report in person to the appropriate law enforcement 
4
agency with
whom he or she last registered within one year from 
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the date of last
registration and every year thereafter. If any 
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person required to register
under this Article changes his or 
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her residence address, place of
employment,
or school, he or 
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she shall, in writing, within 10 days inform the law

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enforcement agency
with whom he or she last registered of his 
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or her new address, change in
employment, or school and 
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register with the appropriate law enforcement
agency within the

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time period specified in Section 3.  The law enforcement agency 
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shall, within 3
days of receipt, notify the Department of State 
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Police and the law enforcement
agency having jurisdiction of 
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the new place of residence, change in
employment, or school.

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    If any person required to register under this Article 
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intends to establish
establishes a
residence or employment 
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outside of the State of Illinois, at least
within 10 days

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before
after establishing that residence or employment, he or 
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she shall, in writing,
inform the law enforcement agency with 
21
which he or she last registered of his
or her out-of-state 
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intended residence or employment.  The law enforcement agency 
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with
which such person last registered shall, within 3 days 
24
notice of an address or
employment change, notify the 
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Department of State Police.  The Department of
State Police 
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shall forward such information to the out-of-state law 
27
enforcement
agency having jurisdiction in the form and manner 
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prescribed by the
Department of State Police.

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(Source: P.A. 91-48, eff. 7-1-99; 91-394, eff. 1-1-00; 92-16, 
30
eff.
6-28-01; 92-828, eff. 8-22-02.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.