Rep. Patrick Windhorst

Filed: 2/15/2022

 

 


 

 


 
10200HB5038ham001LRB102 21443 RLC 36321 a

1
AMENDMENT TO HOUSE BILL 5038

2    AMENDMENT NO. ______. Amend House Bill 5038 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Sections 11-9.3 and 11-9.4-1 as follows:
 
6    (720 ILCS 5/11-9.3)
7    Sec. 11-9.3. Presence within school zone by child sex
8offenders prohibited; approaching, contacting, residing with,
9or communicating with a child within certain places by child
10sex offenders prohibited.
11    (a) It is unlawful for a child sex offender to knowingly be
12present in any school building, on real property comprising
13any school, or in any conveyance owned, leased, or contracted
14by a school to transport students to or from school or a school
15related activity when persons under the age of 18 are present
16in the building, on the grounds or in the conveyance, unless

 

 

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

 

 

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

 

 

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1has permission to be present from the superintendent or the
2school board or in the case of a private school from the
3principal. In the case of a public school, if permission is
4granted, the superintendent or school board president must
5inform the principal of the school where the sex offender will
6be present. Notification includes the nature of the sex
7offender's visit and the hours in which the sex offender will
8be present in the school. The sex offender is responsible for
9notifying the principal's office when he or she arrives on
10school property and when he or she departs from school
11property. If the sex offender is to be present in the vicinity
12of children, the sex offender has the duty to remain under the
13direct supervision of a school official.
14    (b-2) It is unlawful for a child sex offender to knowingly
15loiter on a public way within 500 feet of a public park
16building or real property comprising any public park while
17persons under the age of 18 are present in the building or on
18the grounds and to approach, contact, or communicate with a
19child under 18 years of age, unless the offender is a parent or
20guardian of a person under 18 years of age present in the
21building or on the grounds.
22    (b-5) It is unlawful for a child sex offender to knowingly
23reside within 500 feet of a school building or the real
24property comprising any school that persons under the age of
2518 attend. Nothing in this subsection (b-5) prohibits a child
26sex offender from residing within 500 feet of a school

 

 

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1building or the real property comprising any school that
2persons under 18 attend if the property is owned by the child
3sex offender and was purchased before July 7, 2000 (the
4effective date of Public Act 91-911).
5    (b-10) It is unlawful for a child sex offender to
6knowingly reside within 500 feet of a playground, child care
7institution, day care center, part day child care facility,
8day care home, group day care home, or a facility providing
9programs or services exclusively directed toward persons under
1018 years of age. Nothing in this subsection (b-10) prohibits a
11child sex offender from residing within 500 feet of a
12playground or a facility providing programs or services
13exclusively directed toward persons under 18 years of age if
14the property is owned by the child sex offender and was
15purchased before July 7, 2000. Nothing in this subsection
16(b-10) prohibits a child sex offender from residing within 500
17feet of a child care institution, day care center, or part day
18child care facility if the property is owned by the child sex
19offender and was purchased before June 26, 2006. Nothing in
20this subsection (b-10) prohibits a child sex offender from
21residing within 500 feet of a day care home or group day care
22home if the property is owned by the child sex offender and was
23purchased before August 14, 2008 (the effective date of Public
24Act 95-821).
25    (b-15) It is unlawful for a child sex offender to
26knowingly reside within 500 feet of the victim of the sex

 

 

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1offense. Nothing in this subsection (b-15) prohibits a child
2sex offender from residing within 500 feet of the victim if the
3property in which the child sex offender resides is owned by
4the child sex offender and was purchased before August 22,
52002.
6    This subsection (b-15) does not apply if the victim of the
7sex offense is 21 years of age or older.
8    (b-20) It is unlawful for a child sex offender to
9knowingly communicate, other than for a lawful purpose under
10Illinois law, using the Internet or any other digital media,
11with a person under 18 years of age or with a person whom he or
12she believes to be a person under 18 years of age, unless the
13offender is a parent or guardian of the person under 18 years
14of age.
15    (c) It is unlawful for a child sex offender to knowingly
16operate, manage, be employed by, volunteer at, be associated
17with, or knowingly be present at any: (i) facility providing
18programs or services exclusively directed toward persons under
19the age of 18; (ii) day care center; (iii) part day child care
20facility; (iv) child care institution; (v) school providing
21before and after school programs for children under 18 years
22of age; (vi) day care home; or (vii) group day care home. This
23does not prohibit a child sex offender from owning the real
24property upon which the programs or services are offered or
25upon which the day care center, part day child care facility,
26child care institution, or school providing before and after

 

 

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1school programs for children under 18 years of age is located,
2provided the child sex offender refrains from being present on
3the premises for the hours during which: (1) the programs or
4services are being offered or (2) the day care center, part day
5child care facility, child care institution, or school
6providing before and after school programs for children under
718 years of age, day care home, or group day care home is
8operated.
9    (c-2) It is unlawful for a child sex offender to
10participate in a holiday event involving children under 18
11years of age, including but not limited to distributing candy
12or other items to children on Halloween, wearing a Santa Claus
13costume on or preceding Christmas, being employed as a
14department store Santa Claus, or wearing an Easter Bunny
15costume on or preceding Easter. For the purposes of this
16subsection, child sex offender has the meaning as defined in
17this Section, but does not include as a sex offense under
18paragraph (2) of subsection (d) of this Section, the offense
19under subsection (c) of Section 11-1.50 of this Code. This
20subsection does not apply to a child sex offender who is a
21parent or guardian of children under 18 years of age that are
22present in the home and other non-familial minors are not
23present.
24    (c-5) It is unlawful for a child sex offender to knowingly
25operate, manage, be employed by, or be associated with any
26county fair when persons under the age of 18 are present.

 

 

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

 

 

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

 

 

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1            in an acquittal at a hearing conducted pursuant to
2            a federal law or the law of another state
3            substantially similar to subsection (a) of Section
4            104-25 of the Code of Criminal Procedure of 1963
5            for the alleged violation or attempted commission
6            of such offense; or
7            (ii) is certified as a sexually dangerous person
8        pursuant to the Illinois Sexually Dangerous Persons
9        Act, or any substantially similar federal law or the
10        law of another state, when any conduct giving rise to
11        such certification is committed or attempted against a
12        person less than 18 years of age; or
13            (iii) is subject to the provisions of Section 2 of
14        the Interstate Agreements on Sexually Dangerous
15        Persons Act.
16        Convictions that result from or are connected with the
17    same act, or result from offenses committed at the same
18    time, shall be counted for the purpose of this Section as
19    one conviction. Any conviction set aside pursuant to law
20    is not a conviction for purposes of this Section.
21        (2) Except as otherwise provided in paragraph (2.5),
22    "sex offense" means:
23            (i) A violation of any of the following Sections
24        of the Criminal Code of 1961 or the Criminal Code of
25        2012: 10-4 (forcible detention), 10-7 (aiding or
26        abetting child abduction under Section 10-5(b)(10)),

 

 

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1        10-5(b)(10) (child luring), 11-1.40 (predatory
2        criminal sexual assault of a child), 11-6 (indecent
3        solicitation of a child), 11-6.5 (indecent
4        solicitation of an adult), 11-9.1 (sexual exploitation
5        of a child), 11-9.2 (custodial sexual misconduct),
6        11-9.5 (sexual misconduct with a person with a
7        disability), 11-11 (sexual relations within families),
8        11-14.3(a)(1) (promoting prostitution by advancing
9        prostitution), 11-14.3(a)(2)(A) (promoting
10        prostitution by profiting from prostitution by
11        compelling a person to be a prostitute),
12        11-14.3(a)(2)(C) (promoting prostitution by profiting
13        from prostitution by means other than as described in
14        subparagraphs (A) and (B) of paragraph (2) of
15        subsection (a) of Section 11-14.3), 11-14.4 (promoting
16        juvenile prostitution), 11-18.1 (patronizing a
17        juvenile prostitute), 11-20.1 (child pornography),
18        11-20.1B (aggravated child pornography), 11-21
19        (harmful material), 11-25 (grooming), 11-26 (traveling
20        to meet a minor or traveling to meet a child), 12-33
21        (ritualized abuse of a child), 11-20 (obscenity) (when
22        that offense was committed in any school, on real
23        property comprising any school, in any conveyance
24        owned, leased, or contracted by a school to transport
25        students to or from school or a school related
26        activity, or in a public park), 11-30 (public

 

 

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1        indecency) (when committed in a school, on real
2        property comprising a school, in any conveyance owned,
3        leased, or contracted by a school to transport
4        students to or from school or a school related
5        activity, or in a public park). An attempt to commit
6        any of these offenses.
7            (ii) 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
10        age: 11-1.20 (criminal sexual assault), 11-1.30
11        (aggravated criminal sexual assault), 11-1.50
12        (criminal sexual abuse), 11-1.60 (aggravated criminal
13        sexual abuse). An attempt to commit any of these
14        offenses.
15            (iii) A violation of any of the following Sections
16        of the Criminal Code of 1961 or the Criminal Code of
17        2012, when the victim is a person under 18 years of age
18        and the defendant is not a parent of the victim:
19            10-1 (kidnapping),
20            10-2 (aggravated kidnapping),
21            10-3 (unlawful restraint),
22            10-3.1 (aggravated unlawful restraint),
23            11-9.1(A) (permitting sexual abuse of a child).
24            An attempt to commit any of these offenses.
25            (iv) A violation of any former law of this State
26        substantially equivalent to any offense listed in

 

 

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1        clause (2)(i) or (2)(ii) of subsection (d) of this
2        Section.
3        (2.1) "Sex offense" includes a violation or attempted
4    violation of subsection (a), (a-10), or (a-15) of Section
5    26-4 when the violation or attempted violation was
6    committed after the effective of this amendatory Act of
7    the 102nd General Assembly and the victim is a person
8    under 18 years of age at the time of the commission of the
9    offense.
10        (2.5) For the purposes of subsections (b-5) and (b-10)
11    only, a sex offense means:
12            (i) A violation of any of the following Sections
13        of the Criminal Code of 1961 or the Criminal Code of
14        2012:
15             10-5(b)(10) (child luring), 10-7 (aiding or
16        abetting child abduction under Section 10-5(b)(10)),
17        11-1.40 (predatory criminal sexual assault of a
18        child), 11-6 (indecent solicitation of a child),
19        11-6.5 (indecent solicitation of an adult), 11-9.2
20        (custodial sexual misconduct), 11-9.5 (sexual
21        misconduct with a person with a disability), 11-11
22        (sexual relations within families), 11-14.3(a)(1)
23        (promoting prostitution by advancing prostitution),
24        11-14.3(a)(2)(A) (promoting prostitution by profiting
25        from prostitution by compelling a person to be a
26        prostitute), 11-14.3(a)(2)(C) (promoting prostitution

 

 

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1        by profiting from prostitution by means other than as
2        described in subparagraphs (A) and (B) of paragraph
3        (2) of subsection (a) of Section 11-14.3), 11-14.4
4        (promoting juvenile prostitution), 11-18.1
5        (patronizing a juvenile prostitute), 11-20.1 (child
6        pornography), 11-20.1B (aggravated child pornography),
7        11-25 (grooming), 11-26 (traveling to meet a minor or
8        traveling to meet a child), or 12-33 (ritualized abuse
9        of a child). An attempt to commit any of these
10        offenses.
11            (ii) 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
14        age: 11-1.20 (criminal sexual assault), 11-1.30
15        (aggravated criminal sexual assault), 11-1.60
16        (aggravated criminal sexual abuse), and subsection (a)
17        of Section 11-1.50 (criminal sexual abuse). An attempt
18        to commit any of these offenses.
19            (iii) A violation of any of the following Sections
20        of the Criminal Code of 1961 or the Criminal Code of
21        2012, when the victim is a person under 18 years of age
22        and the defendant is not a parent of the victim:
23            10-1 (kidnapping),
24            10-2 (aggravated kidnapping),
25            10-3 (unlawful restraint),
26            10-3.1 (aggravated unlawful restraint),

 

 

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1            11-9.1(A) (permitting sexual abuse of a child).
2            An attempt to commit any of these offenses.
3            (iv) A violation of any former law of this State
4        substantially equivalent to any offense listed in this
5        paragraph (2.5) of this subsection.
6        (3) A conviction for an offense of federal law or the
7    law of another state that is substantially equivalent to
8    any offense listed in paragraph (2) of subsection (d) of
9    this Section shall constitute a conviction for the purpose
10    of this Section. A finding or adjudication as a sexually
11    dangerous person under any federal law or law of another
12    state that is substantially equivalent to the Sexually
13    Dangerous Persons Act shall constitute an adjudication for
14    the purposes of this Section.
15        (4) "Authorized emergency vehicle", "rescue vehicle",
16    and "vehicle" have the meanings ascribed to them in
17    Sections 1-105, 1-171.8 and 1-217, respectively, of the
18    Illinois Vehicle Code.
19        (5) "Child care institution" has the meaning ascribed
20    to it in Section 2.06 of the Child Care Act of 1969.
21        (6) "Day care center" has the meaning ascribed to it
22    in Section 2.09 of the Child Care Act of 1969.
23        (7) "Day care home" has the meaning ascribed to it in
24    Section 2.18 of the Child Care Act of 1969.
25        (8) "Facility providing programs or services directed
26    towards persons under the age of 18" means any facility

 

 

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1    providing programs or services exclusively directed
2    towards persons under the age of 18.
3        (9) "Group day care home" has the meaning ascribed to
4    it in Section 2.20 of the Child Care Act of 1969.
5        (10) "Internet" has the meaning set forth in Section
6    16-0.1 of this Code.
7        (11) "Loiter" means:
8            (i) Standing, sitting idly, whether or not the
9        person is in a vehicle, or remaining in or around
10        school or public park property.
11            (ii) Standing, sitting idly, whether or not the
12        person is in a vehicle, or remaining in or around
13        school or public park property, for the purpose of
14        committing or attempting to commit a sex offense.
15            (iii) Entering or remaining in a building in or
16        around school property, other than the offender's
17        residence.
18        (12) "Part day child care facility" has the meaning
19    ascribed to it in Section 2.10 of the Child Care Act of
20    1969.
21        (13) "Playground" means a piece of land owned or
22    controlled by a unit of local government that is
23    designated by the unit of local government for use solely
24    or primarily for children's recreation.
25        (14) "Public park" includes a park, forest preserve,
26    bikeway, trail, or conservation area under the

 

 

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1    jurisdiction of the State or a unit of local government.
2        (15) "School" means a public or private preschool or
3    elementary or secondary school.
4        (16) "School official" means the principal, a teacher,
5    or any other certified employee of the school, the
6    superintendent of schools or a member of the school board.
7    (e) For the purposes of this Section, the 500 feet
8distance shall be measured from: (1) the edge of the property
9of the school building or the real property comprising the
10school that is closest to the edge of the property of the child
11sex offender's residence or where he or she is loitering, and
12(2) the edge of the property comprising the public park
13building or the real property comprising the public park,
14playground, child care institution, day care center, part day
15child care facility, or facility providing programs or
16services exclusively directed toward persons under 18 years of
17age, or a victim of the sex offense who is under 21 years of
18age, to the edge of the child sex offender's place of residence
19or place where he or she is loitering.
20    (f) Sentence. A person who violates this Section is guilty
21of a Class 4 felony.
22(Source: P.A. 100-428, eff. 1-1-18.)
 
23    (720 ILCS 5/11-9.4-1)
24    Sec. 11-9.4-1. Sexual predator and child sex offender;
25presence or loitering in or near public parks prohibited.

 

 

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1    (a) For the purposes of this Section:
2        "Child sex offender" has the meaning ascribed to it in
3    subsection (d) of Section 11-9.3 of this Code, including
4    an offense described in paragraph (2.1) of subsection (d)
5    of Section 11-9.3, but does not include as a sex offense
6    under paragraph (2) of subsection (d) of Section 11-9.3,
7    the offenses under subsections (b) and (c) of Section
8    11-1.50 or subsections (b) and (c) of Section 12-15 of
9    this Code.
10        "Public park" includes a park, forest preserve,
11    bikeway, trail, or conservation area under the
12    jurisdiction of the State or a unit of local government.
13        "Loiter" means:
14            (i) Standing, sitting idly, whether or not the
15        person is in a vehicle or remaining in or around public
16        park property.
17            (ii) Standing, sitting idly, whether or not the
18        person is in a vehicle or remaining in or around public
19        park property, for the purpose of committing or
20        attempting to commit a sex offense.
21        "Sexual predator" has the meaning ascribed to it in
22    subsection (E) of Section 2 of the Sex Offender
23    Registration Act.
24    (b) It is unlawful for a sexual predator or a child sex
25offender to knowingly be present in any public park building
26or on real property comprising any public park.

 

 

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1    (c) It is unlawful for a sexual predator or a child sex
2offender to knowingly loiter on a public way within 500 feet of
3a public park building or real property comprising any public
4park. For the purposes of this subsection (c), the 500 feet
5distance shall be measured from the edge of the property
6comprising the public park building or the real property
7comprising the public park.
8    (d) Sentence. A person who violates this Section is guilty
9of a Class A misdemeanor, except that a second or subsequent
10violation is a Class 4 felony.
11(Source: P.A. 96-1099, eff. 1-1-11; 97-698, eff. 1-1-13;
1297-1109, eff. 1-1-13.)
 
13    Section 10. The Sex Offender Registration Act is amended
14by changing Section 2 as follows:
 
15    (730 ILCS 150/2)  (from Ch. 38, par. 222)
16    Sec. 2. Definitions.
17    (A) As used in this Article, "sex offender" means any
18person who is:
19        (1) charged pursuant to Illinois law, or any
20    substantially similar federal, Uniform Code of Military
21    Justice, sister state, or foreign country law, with a sex
22    offense set forth in subsection (B) of this Section or the
23    attempt to commit an included sex offense, and:
24            (a) is convicted of such offense or an attempt to

 

 

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1        commit such offense; or
2            (b) is found not guilty by reason of insanity of
3        such offense or an attempt to commit such offense; or
4            (c) is found not guilty by reason of insanity
5        pursuant to Section 104-25(c) of the Code of Criminal
6        Procedure of 1963 of such offense or an attempt to
7        commit such offense; or
8            (d) is the subject of a finding not resulting in an
9        acquittal at a hearing conducted pursuant to Section
10        104-25(a) of the Code of Criminal Procedure of 1963
11        for the alleged commission or attempted commission of
12        such offense; or
13            (e) is found not guilty by reason of insanity
14        following a hearing conducted pursuant to a federal,
15        Uniform Code of Military Justice, sister state, or
16        foreign country law substantially similar to Section
17        104-25(c) of the Code of Criminal Procedure of 1963 of
18        such offense or of the attempted commission of such
19        offense; or
20            (f) is the subject of a finding not resulting in an
21        acquittal at a hearing conducted pursuant to a
22        federal, Uniform Code of Military Justice, sister
23        state, or foreign country law substantially similar to
24        Section 104-25(a) of the Code of Criminal Procedure of
25        1963 for the alleged violation or attempted commission
26        of such offense; or

 

 

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1        (2) declared as a sexually dangerous person pursuant
2    to the Illinois Sexually Dangerous Persons Act, or any
3    substantially similar federal, Uniform Code of Military
4    Justice, sister state, or foreign country law; or
5        (3) subject to the provisions of Section 2 of the
6    Interstate Agreements on Sexually Dangerous Persons Act;
7    or
8        (4) found to be a sexually violent person pursuant to
9    the Sexually Violent Persons Commitment Act or any
10    substantially similar federal, Uniform Code of Military
11    Justice, sister state, or foreign country law; or
12        (5) adjudicated a juvenile delinquent as the result of
13    committing or attempting to commit an act which, if
14    committed by an adult, would constitute any of the
15    offenses specified in item (B), (C), or (C-5) of this
16    Section or a violation of any substantially similar
17    federal, Uniform Code of Military Justice, sister state,
18    or foreign country law, or found guilty under Article V of
19    the Juvenile Court Act of 1987 of committing or attempting
20    to commit an act which, if committed by an adult, would
21    constitute any of the offenses specified in item (B), (C),
22    or (C-5) of this Section or a violation of any
23    substantially similar federal, Uniform Code of Military
24    Justice, sister state, or foreign country law.
25    Convictions that result from or are connected with the
26same act, or result from offenses committed at the same time,

 

 

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1shall be counted for the purpose of this Article as one
2conviction. Any conviction set aside pursuant to law is not a
3conviction for purposes of this Article.
4     For purposes of this Section, "convicted" shall have the
5same meaning as "adjudicated".
6    (B) As used in this Article, "sex offense" means:
7        (1) A violation of any of the following Sections of
8    the Criminal Code of 1961 or the Criminal Code of 2012:
9            11-20.1 (child pornography),
10            11-20.1B or 11-20.3 (aggravated child
11        pornography),
12            11-6 (indecent solicitation of a child),
13            11-9.1 (sexual exploitation of a child),
14            11-9.2 (custodial sexual misconduct),
15            11-9.5 (sexual misconduct with a person with a
16        disability),
17            11-14.4 (promoting juvenile prostitution),
18            11-15.1 (soliciting for a juvenile prostitute),
19            11-18.1 (patronizing a juvenile prostitute),
20            11-17.1 (keeping a place of juvenile
21        prostitution),
22            11-19.1 (juvenile pimping),
23            11-19.2 (exploitation of a child),
24            11-25 (grooming),
25            11-26 (traveling to meet a minor or traveling to
26        meet a child),

 

 

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1            11-1.20 or 12-13 (criminal sexual assault),
2            11-1.30 or 12-14 (aggravated criminal sexual
3        assault),
4            11-1.40 or 12-14.1 (predatory criminal sexual
5        assault of a child),
6            11-1.50 or 12-15 (criminal sexual abuse),
7            11-1.60 or 12-16 (aggravated criminal sexual
8        abuse),
9            12-33 (ritualized abuse of a child).
10            An attempt to commit any of these offenses.
11        (1.5) A violation of any of the following Sections of
12    the Criminal Code of 1961 or the Criminal Code of 2012,
13    when the victim is a person under 18 years of age, the
14    defendant is not a parent of the victim, the offense was
15    sexually motivated as defined in Section 10 of the Sex
16    Offender Evaluation and Treatment Act, and the offense was
17    committed on or after January 1, 1996:
18            10-1 (kidnapping),
19            10-2 (aggravated kidnapping),
20            10-3 (unlawful restraint),
21            10-3.1 (aggravated unlawful restraint).
22        If the offense was committed before January 1, 1996,
23    it is a sex offense requiring registration only when the
24    person is convicted of any felony after July 1, 2011, and
25    paragraph (2.1) of subsection (c) of Section 3 of this Act
26    applies.

 

 

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1        (1.6) First degree murder under Section 9-1 of the
2    Criminal Code of 1961 or the Criminal Code of 2012,
3    provided the offense was sexually motivated as defined in
4    Section 10 of the Sex Offender Management Board Act.
5        (1.7) (Blank).
6        (1.8) A violation or attempted violation of Section
7    11-11 (sexual relations within families) of the Criminal
8    Code of 1961 or the Criminal Code of 2012, and the offense
9    was committed on or after June 1, 1997. If the offense was
10    committed before June 1, 1997, it is a sex offense
11    requiring registration only when the person is convicted
12    of any felony after July 1, 2011, and paragraph (2.1) of
13    subsection (c) of Section 3 of this Act applies.
14        (1.9) Child abduction under paragraph (10) of
15    subsection (b) of Section 10-5 of the Criminal Code of
16    1961 or the Criminal Code of 2012 committed by luring or
17    attempting to lure a child under the age of 16 into a motor
18    vehicle, building, house trailer, or dwelling place
19    without the consent of the parent or lawful custodian of
20    the child for other than a lawful purpose and the offense
21    was committed on or after January 1, 1998, provided the
22    offense was sexually motivated as defined in Section 10 of
23    the Sex Offender Management Board Act. If the offense was
24    committed before January 1, 1998, it is a sex offense
25    requiring registration only when the person is convicted
26    of any felony after July 1, 2011, and paragraph (2.1) of

 

 

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1    subsection (c) of Section 3 of this Act applies.
2        (1.10) A violation or attempted violation of any of
3    the following Sections of the Criminal Code of 1961 or the
4    Criminal Code of 2012 when the offense was committed on or
5    after July 1, 1999:
6            10-4 (forcible detention, if the victim is under
7        18 years of age), provided the offense was sexually
8        motivated as defined in Section 10 of the Sex Offender
9        Management Board Act,
10            11-6.5 (indecent solicitation of an adult),
11            11-14.3 that involves soliciting for a prostitute,
12        or 11-15 (soliciting for a prostitute, if the victim
13        is under 18 years of age),
14            subdivision (a)(2)(A) or (a)(2)(B) of Section
15        11-14.3, or Section 11-16 (pandering, if the victim is
16        under 18 years of age),
17            11-18 (patronizing a prostitute, if the victim is
18        under 18 years of age),
19            subdivision (a)(2)(C) of Section 11-14.3, or
20        Section 11-19 (pimping, if the victim is under 18
21        years of age).
22        If the offense was committed before July 1, 1999, it
23    is a sex offense requiring registration only when the
24    person is convicted of any felony after July 1, 2011, and
25    paragraph (2.1) of subsection (c) of Section 3 of this Act
26    applies.

 

 

10200HB5038ham001- 26 -LRB102 21443 RLC 36321 a

1        (1.11) A violation or attempted violation of any of
2    the following Sections of the Criminal Code of 1961 or the
3    Criminal Code of 2012 when the offense was committed on or
4    after August 22, 2002:
5            11-9 or 11-30 (public indecency for a third or
6        subsequent conviction).
7        If the third or subsequent conviction was imposed
8    before August 22, 2002, it is a sex offense requiring
9    registration only when the person is convicted of any
10    felony after July 1, 2011, and paragraph (2.1) of
11    subsection (c) of Section 3 of this Act applies.
12        (1.12) A violation or attempted violation of Section
13    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
14    Criminal Code of 1961 or the Criminal Code of 2012
15    (permitting sexual abuse) when the offense was committed
16    on or after August 22, 2002. If the offense was committed
17    before August 22, 2002, it is a sex offense requiring
18    registration only when the person is convicted of any
19    felony after July 1, 2011, and paragraph (2.1) of
20    subsection (c) of Section 3 of this Act applies.
21        (1.13) A violation or attempted violation of
22    subsection (a), (a-10), or (a-15) of Section 26-4 of the
23    Criminal Code of 2012 when the violation or attempted
24    violation was committed after the effective of this
25    amendatory Act of the 102nd General Assembly.
26        (2) A violation of any former law of this State

 

 

10200HB5038ham001- 27 -LRB102 21443 RLC 36321 a

1    substantially equivalent to any offense listed in
2    subsection (B) of this Section.
3    (C) A conviction for an offense of federal law, Uniform
4Code of Military Justice, or the law of another state or a
5foreign country that is substantially equivalent to any
6offense listed in subsections (B), (C), (E), and (E-5) of this
7Section shall constitute a conviction for the purpose of this
8Article. A finding or adjudication as a sexually dangerous
9person or a sexually violent person under any federal law,
10Uniform Code of Military Justice, or the law of another state
11or foreign country that is substantially equivalent to the
12Sexually Dangerous Persons Act or the Sexually Violent Persons
13Commitment Act shall constitute an adjudication for the
14purposes of this Article.
15    (C-5) A person at least 17 years of age at the time of the
16commission of the offense who is convicted of first degree
17murder under Section 9-1 of the Criminal Code of 1961 or the
18Criminal Code of 2012, against a person under 18 years of age,
19shall be required to register for natural life. A conviction
20for an offense of federal, Uniform Code of Military Justice,
21sister state, or foreign country law that is substantially
22equivalent to any offense listed in subsection (C-5) of this
23Section shall constitute a conviction for the purpose of this
24Article. This subsection (C-5) applies to a person who
25committed the offense before June 1, 1996 if: (i) the person is
26incarcerated in an Illinois Department of Corrections facility

 

 

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1on August 20, 2004 (the effective date of Public Act 93-977),
2or (ii) subparagraph (i) does not apply and the person is
3convicted of any felony after July 1, 2011, and paragraph
4(2.1) of subsection (c) of Section 3 of this Act applies.
5    (C-6) A person who is convicted or adjudicated delinquent
6of first degree murder as defined in Section 9-1 of the
7Criminal Code of 1961 or the Criminal Code of 2012, against a
8person 18 years of age or over, shall be required to register
9for his or her natural life. A conviction for an offense of
10federal, Uniform Code of Military Justice, sister state, or
11foreign country law that is substantially equivalent to any
12offense listed in subsection (C-6) of this Section shall
13constitute a conviction for the purpose of this Article. This
14subsection (C-6) does not apply to those individuals released
15from incarceration more than 10 years prior to January 1, 2012
16(the effective date of Public Act 97-154).
17    (D) As used in this Article, "law enforcement agency
18having jurisdiction" means the Chief of Police in each of the
19municipalities in which the sex offender expects to reside,
20work, or attend school (1) upon his or her discharge, parole or
21release or (2) during the service of his or her sentence of
22probation or conditional discharge, or the Sheriff of the
23county, in the event no Police Chief exists or if the offender
24intends to reside, work, or attend school in an unincorporated
25area. "Law enforcement agency having jurisdiction" includes
26the location where out-of-state students attend school and

 

 

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1where out-of-state employees are employed or are otherwise
2required to register.
3    (D-1) As used in this Article, "supervising officer" means
4the assigned Illinois Department of Corrections parole agent
5or county probation officer.
6    (E) As used in this Article, "sexual predator" means any
7person who, after July 1, 1999, is:
8        (1) Convicted for an offense of federal, Uniform Code
9    of Military Justice, sister state, or foreign country law
10    that is substantially equivalent to any offense listed in
11    subsection (E) or (E-5) of this Section shall constitute a
12    conviction for the purpose of this Article. Convicted of a
13    violation or attempted violation of any of the following
14    Sections of the Criminal Code of 1961 or the Criminal Code
15    of 2012:
16            10-5.1 (luring of a minor),
17            11-14.4 that involves keeping a place of juvenile
18        prostitution, or 11-17.1 (keeping a place of juvenile
19        prostitution),
20            subdivision (a)(2) or (a)(3) of Section 11-14.4,
21        or Section 11-19.1 (juvenile pimping),
22            subdivision (a)(4) of Section 11-14.4, or Section
23        11-19.2 (exploitation of a child),
24            11-20.1 (child pornography),
25            11-20.1B or 11-20.3 (aggravated child
26        pornography),

 

 

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1            11-1.20 or 12-13 (criminal sexual assault),
2            11-1.30 or 12-14 (aggravated criminal sexual
3        assault),
4            11-1.40 or 12-14.1 (predatory criminal sexual
5        assault of a child),
6            11-1.60 or 12-16 (aggravated criminal sexual
7        abuse),
8            12-33 (ritualized abuse of a child);
9        (2) (blank);
10        (3) declared as a sexually dangerous person pursuant
11    to the Sexually Dangerous Persons Act or any substantially
12    similar federal, Uniform Code of Military Justice, sister
13    state, or foreign country law;
14        (4) found to be a sexually violent person pursuant to
15    the Sexually Violent Persons Commitment Act or any
16    substantially similar federal, Uniform Code of Military
17    Justice, sister state, or foreign country law;
18        (5) convicted of a second or subsequent offense which
19    requires registration pursuant to this Act. For purposes
20    of this paragraph (5), "convicted" shall include a
21    conviction under any substantially similar Illinois,
22    federal, Uniform Code of Military Justice, sister state,
23    or foreign country law;
24        (6) (blank); or
25        (7) if the person was convicted of an offense set
26    forth in this subsection (E) on or before July 1, 1999, the

 

 

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1    person is a sexual predator for whom registration is
2    required only when the person is convicted of a felony
3    offense after July 1, 2011, and paragraph (2.1) of
4    subsection (c) of Section 3 of this Act applies.
5    (E-5) As used in this Article, "sexual predator" also
6means a person convicted of a violation or attempted violation
7of any of the following Sections of the Criminal Code of 1961
8or the Criminal Code of 2012:
9        (1) Section 9-1 (first degree murder, when the victim
10    was a person under 18 years of age and the defendant was at
11    least 17 years of age at the time of the commission of the
12    offense, provided the offense was sexually motivated as
13    defined in Section 10 of the Sex Offender Management Board
14    Act);
15        (2) Section 11-9.5 (sexual misconduct with a person
16    with a disability);
17        (3) when the victim is a person under 18 years of age,
18    the defendant is not a parent of the victim, the offense
19    was sexually motivated as defined in Section 10 of the Sex
20    Offender Management Board Act, and the offense was
21    committed on or after January 1, 1996: (A) Section 10-1
22    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
23    (C) Section 10-3 (unlawful restraint), and (D) Section
24    10-3.1 (aggravated unlawful restraint); and
25        (4) Section 10-5(b)(10) (child abduction committed by
26    luring or attempting to lure a child under the age of 16

 

 

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1    into a motor vehicle, building, house trailer, or dwelling
2    place without the consent of the parent or lawful
3    custodian of the child for other than a lawful purpose and
4    the offense was committed on or after January 1, 1998,
5    provided the offense was sexually motivated as defined in
6    Section 10 of the Sex Offender Management Board Act).
7    (E-10) As used in this Article, "sexual predator" also
8means a person required to register in another State due to a
9conviction, adjudication or other action of any court
10triggering an obligation to register as a sex offender, sexual
11predator, or substantially similar status under the laws of
12that State.
13    (F) As used in this Article, "out-of-state student" means
14any sex offender, as defined in this Section, or sexual
15predator who is enrolled in Illinois, on a full-time or
16part-time basis, in any public or private educational
17institution, including, but not limited to, any secondary
18school, trade or professional institution, or institution of
19higher learning.
20    (G) As used in this Article, "out-of-state employee" means
21any sex offender, as defined in this Section, or sexual
22predator who works in Illinois, regardless of whether the
23individual receives payment for services performed, for a
24period of time of 10 or more days or for an aggregate period of
25time of 30 or more days during any calendar year. Persons who
26operate motor vehicles in the State accrue one day of

 

 

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1employment time for any portion of a day spent in Illinois.
2    (H) As used in this Article, "school" means any public or
3private educational institution, including, but not limited
4to, any elementary or secondary school, trade or professional
5institution, or institution of higher education.
6    (I) As used in this Article, "fixed residence" means any
7and all places that a sex offender resides for an aggregate
8period of time of 5 or more days in a calendar year.
9    (J) As used in this Article, "Internet protocol address"
10means the string of numbers by which a location on the Internet
11is identified by routers or other computers connected to the
12Internet.
13(Source: P.A. 100-428, eff. 1-1-18.)".