HB6811 Enrolled LRB093 18363 RLC 44070 b

1     AN ACT concerning sex offenders.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Sex Offender Registration Act is amended by
5 changing Sections 2 and 6 as follows:
 
6     (730 ILCS 150/2)  (from Ch. 38, par. 222)
7     Sec. 2. Definitions.
8     (A) As used in this Article, "sex offender" means any
9 person who is:
10         (1) charged pursuant to Illinois law, or any
11     substantially similar federal, Uniform Code of Military
12     Justice, sister state, or foreign country law, with a sex
13     offense set forth in subsection (B) of this Section or the
14     attempt to commit an included sex offense, and:
15             (a) is convicted of such offense or an attempt to
16         commit such offense; or
17             (b) is found not guilty by reason of insanity of
18         such offense or an attempt to commit such offense; or
19             (c) is found not guilty by reason of insanity
20         pursuant to Section 104-25(c) of the Code of Criminal
21         Procedure of 1963 of such offense or an attempt to
22         commit such offense; or
23             (d) is the subject of a finding not resulting in an
24         acquittal at a hearing conducted pursuant to Section
25         104-25(a) of the Code of Criminal Procedure of 1963 for
26         the alleged commission or attempted commission of such
27         offense; or
28             (e) is found not guilty by reason of insanity
29         following a hearing conducted pursuant to a federal,
30         Uniform Code of Military Justice, sister state, or
31         foreign country law substantially similar to Section
32         104-25(c) of the Code of Criminal Procedure of 1963 of

 

 

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1         such offense or of the attempted commission of such
2         offense; or
3             (f) is the subject of a finding not resulting in an
4         acquittal at a hearing conducted pursuant to a federal,
5         Uniform Code of Military Justice, sister state, or
6         foreign country law substantially similar to Section
7         104-25(a) of the Code of Criminal Procedure of 1963 for
8         the alleged violation or attempted commission of such
9         offense; or
10         (2) certified as a sexually dangerous person pursuant
11     to the Illinois Sexually Dangerous Persons Act, or any
12     substantially similar federal, Uniform Code of Military
13     Justice, sister state, or foreign country law; or
14         (3) subject to the provisions of Section 2 of the
15     Interstate Agreements on Sexually Dangerous Persons Act;
16     or
17         (4) found to be a sexually violent person pursuant to
18     the Sexually Violent Persons Commitment Act or any
19     substantially similar federal, Uniform Code of Military
20     Justice, sister state, or foreign country law; or
21         (5) adjudicated a juvenile delinquent as the result of
22     committing or attempting to commit an act which, if
23     committed by an adult, would constitute any of the offenses
24     specified in item (B), (C), or (C-5) of this Section or a
25     violation of any substantially similar federal, Uniform
26     Code of Military Justice, sister state, or foreign country
27     law, or found guilty under Article V of the Juvenile Court
28     Act of 1987 of committing or attempting to commit an act
29     which, if committed by an adult, would constitute any of
30     the offenses specified in item (B), (C), or (C-5) of this
31     Section or a violation of any substantially similar
32     federal, Uniform Code of Military Justice, sister state, or
33     foreign country law.
34     Convictions that result from or are connected with the same
35 act, or result from offenses committed at the same time, shall
36 be counted for the purpose of this Article as one conviction.

 

 

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1 Any conviction set aside pursuant to law is not a conviction
2 for purposes of this Article.
3      For purposes of this Section, "convicted" shall have the
4 same meaning as "adjudicated".
5     (B) As used in this Article, "sex offense" means:
6         (1) A violation of any of the following Sections of the
7     Criminal Code of 1961:
8             11-20.1 (child pornography),
9             11-6 (indecent solicitation of a child),
10             11-9.1 (sexual exploitation of a child),
11             11-15.1 (soliciting for a juvenile prostitute),
12             11-18.1 (patronizing a juvenile prostitute),
13             11-17.1 (keeping a place of juvenile
14         prostitution),
15             11-19.1 (juvenile pimping),
16             11-19.2 (exploitation of a child),
17             12-13 (criminal sexual assault),
18             12-14 (aggravated criminal sexual assault),
19             12-14.1 (predatory criminal sexual assault of a
20         child),
21             12-15 (criminal sexual abuse),
22             12-16 (aggravated criminal sexual abuse),
23             12-33 (ritualized abuse of a child).
24             An attempt to commit any of these offenses.
25         (1.5) A violation of any of the following Sections of
26     the Criminal Code of 1961, when the victim is a person
27     under 18 years of age, the defendant is not a parent of the
28     victim, and the offense was committed on or after January
29     1, 1996:
30             10-1 (kidnapping),
31             10-2 (aggravated kidnapping),
32             10-3 (unlawful restraint),
33             10-3.1 (aggravated unlawful restraint).
34             An attempt to commit any of these offenses.
35         (1.6) First degree murder under Section 9-1 of the
36     Criminal Code of 1961, when the victim was a person under

 

 

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1     18 years of age and , the defendant was at least 17 years of
2     age at the time of the commission of the offense, and the
3     offense was committed on or after June 1, 1996.
4         (1.7) (Blank).
5         (1.8) A violation or attempted violation of Section
6     11-11 (sexual relations within families) of the Criminal
7     Code of 1961, and the offense was committed on or after
8     June 1, 1997.
9         (1.9)   Child abduction under paragraph (10) of
10     subsection (b) of Section 10-5 of the Criminal Code of 1961
11     committed by luring or attempting to lure a child under the
12     age of 16 into a motor vehicle, building, house trailer, or
13     dwelling place without the consent of the parent or lawful
14     custodian of the child for other than a lawful purpose and
15     the offense was committed on or after January 1, 1998.
16         (1.10) A violation or attempted violation of any of the
17     following Sections of the Criminal Code of 1961 when the
18     offense was committed on or after July 1, 1999:
19             10-4 (forcible detention, if the victim is under 18
20         years of age),
21             11-6.5 (indecent solicitation of an adult),
22             11-15 (soliciting for a prostitute, if the victim
23         is under 18 years of age),
24             11-16 (pandering, if the victim is under 18 years
25         of age),
26             11-18 (patronizing a prostitute, if the victim is
27         under 18 years of age),
28             11-19 (pimping, if the victim is under 18 years of
29         age).
30         (1.11) A violation or attempted violation of any of the
31     following Sections of the Criminal Code of 1961 when the
32     offense was committed on or after the effective date of
33     this amendatory Act of the 92nd General Assembly:
34             11-9 (public indecency for a third or subsequent
35         conviction),
36             11-9.2 (custodial sexual misconduct).

 

 

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1         (1.12) A violation or attempted violation of Section
2     5.1 of the Wrongs to Children Act (permitting sexual abuse)
3     when the offense was committed on or after the effective
4     date of this amendatory Act of the 92nd General Assembly.
5         (2) A violation of any former law of this State
6     substantially equivalent to any offense listed in
7     subsection (B) of this Section.
8     (C) A conviction for an offense of federal law, Uniform
9 Code of Military Justice, or the law of another state or a
10 foreign country that is substantially equivalent to any offense
11 listed in subsections (B), (C), and (E) of this Section shall
12 constitute a conviction for the purpose of this Article. A
13 finding or adjudication as a sexually dangerous person or a
14 sexually violent person under any federal law, Uniform Code of
15 Military Justice, or the law of another state or foreign
16 country that is substantially equivalent to the Sexually
17 Dangerous Persons Act or the Sexually Violent Persons
18 Commitment Act shall constitute an adjudication for the
19 purposes of this Article.
20     (C-5) A person at least 17 years of age at the time of the
21 commission of the offense who is convicted of first degree
22 murder under Section 9-1 of the Criminal Code of 1961,
23 committed on or after June 1, 1996 against a person under 18
24 years of age, shall be required to register for natural life. A
25 conviction for an offense of federal, Uniform Code of Military
26 Justice, sister state, or foreign country law that is
27 substantially equivalent to any offense listed in subsection
28 (C-5) of this Section shall constitute a conviction for the
29 purpose of this Article. This subsection (C-5) applies to a
30 person who committed the offense before June 1, 1996 only if
31 the person is incarcerated in an Illinois Department of
32 Corrections facility on the effective date of this amendatory
33 Act of the 93rd General Assembly.
34     (D) As used in this Article, "law enforcement agency having
35 jurisdiction" means the Chief of Police in each of the
36 municipalities in which the sex offender expects to reside,

 

 

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1 work, or attend school (1) upon his or her discharge, parole or
2 release or (2) during the service of his or her sentence of
3 probation or conditional discharge, or the Sheriff of the
4 county, in the event no Police Chief exists or if the offender
5 intends to reside, work, or attend school in an unincorporated
6 area. "Law enforcement agency having jurisdiction" includes
7 the location where out-of-state students attend school and
8 where out-of-state employees are employed or are otherwise
9 required to register.
10     (E) As used in this Article, "sexual predator" means any
11 person who, after July 1, 1999, is:
12         (1) Convicted for an offense of federal, Uniform Code
13     of Military Justice, sister state, or foreign country law
14     that is substantially equivalent to any offense listed in
15     subsection (E) of this Section shall constitute a
16     conviction for the purpose of this Article. Convicted of a
17     violation or attempted violation of any of the following
18     Sections of the Criminal Code of 1961, if the conviction
19     occurred after July 1, 1999:
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             11-20.1 (child pornography),
25             12-13 (criminal sexual assault, if the victim is a
26         person under 12 years of age),
27             12-14 (aggravated criminal sexual assault),
28             12-14.1 (predatory criminal sexual assault of a
29         child),
30             12-16 (aggravated criminal sexual abuse),
31             12-33 (ritualized abuse of a child); or
32         (2) convicted of first degree murder under Section 9-1
33     of the Criminal Code of 1961, when the victim was a person
34     under 18 years of age and the defendant was at least 17
35     years of age at the time of the commission of the offense;
36     or

 

 

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1         (3) certified as a sexually dangerous person pursuant
2     to the Sexually Dangerous Persons Act or any substantially
3     similar federal, Uniform Code of Military Justice, sister
4     state, or foreign country law; or
5         (4) found to be a sexually violent person pursuant to
6     the Sexually Violent Persons Commitment Act or any
7     substantially similar federal, Uniform Code of Military
8     Justice, sister state, or foreign country law; or
9         (5) convicted of a second or subsequent offense which
10     requires registration pursuant to this Act. The conviction
11     for the second or subsequent offense must have occurred
12     after July 1, 1999. For purposes of this paragraph (5),
13     "convicted" shall include a conviction under any
14     substantially similar Illinois, federal, Uniform Code of
15     Military Justice, sister state, or foreign country law.
16     (F) As used in this Article, "out-of-state student" means
17 any sex offender, as defined in this Section, or sexual
18 predator who is enrolled in Illinois, on a full-time or
19 part-time basis, in any public or private educational
20 institution, including, but not limited to, any secondary
21 school, trade or professional institution, or institution of
22 higher learning.
23     (G) As used in this Article, "out-of-state employee" means
24 any sex offender, as defined in this Section, or sexual
25 predator who works in Illinois, regardless of whether the
26 individual receives payment for services performed, for a
27 period of time of 10 or more days or for an aggregate period of
28 time of 30 or more days during any calendar year. Persons who
29 operate motor vehicles in the State accrue one day of
30 employment time for any portion of a day spent in Illinois.
31 (Source: P.A. 91-48, eff. 7-1-99; 92-828, eff. 8-22-02.)
 
32     (730 ILCS 150/6)  (from Ch. 38, par. 226)
33     Sec. 6. Duty to report; change of address, school, or
34 employment; duty to inform. A person who has been adjudicated
35 to be sexually dangerous or is a sexually violent person and is

 

 

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1 later released, or found to be no longer sexually dangerous or
2 no longer a sexually violent person and discharged, shall
3 report in person to the law enforcement agency with whom he or
4 she last registered no later than 90 days after the date of his
5 or her last registration and every 90 days thereafter. Any
6 other person who is required to register under this Article
7 shall report in person to the appropriate law enforcement
8 agency with whom he or she last registered within one year from
9 the date of last registration and every year thereafter. If any
10 person required to register under this Article changes his or
11 her residence address, place of employment, or school, he or
12 she shall, in writing, within 10 days inform the law
13 enforcement agency with whom he or she last registered of his
14 or her new address, change in employment, or school and
15 register with the appropriate law enforcement agency within the
16 time period specified in Section 3. The law enforcement agency
17 shall, within 3 days of receipt, notify the Department of State
18 Police and the law enforcement agency having jurisdiction of
19 the new place of residence, change in employment, or school.
20     If any person required to register under this Article
21 intends to establish establishes a residence or employment
22 outside of the State of Illinois, at least within 10 days
23 before after establishing that residence or employment, he or
24 she shall, in writing, inform the law enforcement agency with
25 which he or she last registered of his or her out-of-state
26 intended residence or employment. The law enforcement agency
27 with which such person last registered shall, within 3 days
28 notice of an address or employment change, notify the
29 Department of State Police. The Department of State Police
30 shall forward such information to the out-of-state law
31 enforcement agency having jurisdiction in the form and manner
32 prescribed by the Department of State Police.
33 (Source: P.A. 91-48, eff. 7-1-99; 91-394, eff. 1-1-00; 92-16,
34 eff. 6-28-01; 92-828, eff. 8-22-02.)
 
35     Section 99. Effective date. This Act takes effect upon

 

 

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1 becoming law.