96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5543


 
Introduced 2/9/2010, by Rep. John D. Cavaletto
 
SYNOPSIS AS INTRODUCED:
 		








  



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







    Amends the Sex Offender Registration Act. Includes, in the definition of "sex offense",  distributing harmful material to a minor.    
















LRB096 16150 RLC 31401 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB5543

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    AN ACT concerning criminal law.

 
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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 Section 2 as follows:
 



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


7
    Sec. 2. Definitions. 

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    (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 
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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


19
            (c) is found not guilty by reason of insanity 
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        pursuant to Section
104-25(c) of the Code of Criminal 
21
        Procedure of 1963 of such offense or an
attempt to 
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        commit such offense; or


23
            (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

4
        offense; or


5
            (e) is found not guilty by reason of insanity 
6
        following a hearing
conducted pursuant to a federal, 
7
        Uniform Code of Military Justice, sister
state, or 
8
        foreign country law
substantially similar to Section 
9
        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 
11
        offense; or


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            (f) is the subject of a finding not resulting in an 
13
        acquittal at a
hearing conducted pursuant to a federal, 
14
        Uniform Code of Military Justice,
sister state, or 
15
        foreign country law
substantially similar to Section 
16
        104-25(a) of the Code of Criminal Procedure
of 1963 for 
17
        the alleged violation or attempted commission of such 
18
        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 
22
    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 
3
    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 
7
    specified in item (B), (C), or (C-5) of this Section or a

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    violation of any substantially similar federal, Uniform 
9
    Code of Military
Justice, sister state, or foreign
country 
10
    law, or found guilty under Article V of the Juvenile Court 
11
    Act of 1987
of committing or attempting to commit an act 
12
    which, if committed by an adult,
would constitute any of 
13
    the offenses specified in item (B), (C), or (C-5) of
this 
14
    Section or a violation of any substantially similar 
15
    federal, Uniform Code
of Military Justice, sister state,
or 
16
    foreign country law.

17
    Convictions that result from or are connected with the same 
18
act, or result
from offenses committed at the same time, shall 
19
be counted for the purpose of
this Article as one conviction.  
20
Any conviction set aside pursuant to law is
not a conviction 
21
for purposes of this Article.

22
    
For purposes of this Section, "convicted" shall have the 
23
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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            11-20.3 (aggravated 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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            11-9.2 (custodial sexual misconduct),

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            11-9.5 (sexual misconduct with a person with a 
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        disability), 

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            11-15.1 (soliciting for a juvenile prostitute),


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            11-18.1 (patronizing a juvenile prostitute),


10
            11-17.1 (keeping a place of juvenile 
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        prostitution),


12
            11-19.1 (juvenile pimping),


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            11-19.2 (exploitation of a child), 

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            11-21 (distributing harmful material to a minor), 
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            11-25 (grooming), 
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            11-26 (traveling to meet a minor), 

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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, the offense was sexually motivated as defined in 
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    Section 10 of the Sex Offender Management Board Act, and 
4
    the offense was committed on or
after January 1, 1996:


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            10-1 (kidnapping),


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            10-2 (aggravated kidnapping),


7
            10-3 (unlawful restraint),


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            10-3.1 (aggravated unlawful restraint).


9
        (1.6)
First degree murder under Section 9-1 of the 
10
    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 
12
    age at the time of the commission of the offense, provided 
13
    the offense was sexually motivated as defined in Section 10 
14
    of the Sex Offender Management Board Act.


15
        (1.7) (Blank).


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        (1.8) A violation or attempted violation of Section 
17
    11-11 (sexual
relations within families) of the Criminal 
18
    Code of 1961, and the offense was committed on or after

19
    June 1, 1997.


20
        (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 
23
    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

25
    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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    provided the offense was sexually motivated as defined in 
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    Section 10 of the Sex Offender Management Board Act.


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        (1.10) A violation or attempted violation of any of the 
4
    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 
7
        years of age), provided the offense was sexually 
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        motivated as defined in Section 10 of the Sex Offender 
9
        Management Board Act,


10
            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 August 22, 2002:


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


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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 August 22, 2002.


 


 






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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.

4
    (C) A conviction for an offense of federal law, Uniform 
5
Code of Military
Justice, or the law of another state
or a 
6
foreign country that is substantially equivalent to any offense 
7
listed
in subsections (B), (C), and (E) of this Section shall

8
constitute a
conviction for the purpose
of this Article.  A 
9
finding or adjudication as a sexually dangerous person
or a 
10
sexually violent person under any federal law, Uniform Code of 
11
Military
Justice, or the law of another state or
foreign 
12
country that is substantially equivalent to the Sexually 
13
Dangerous
Persons Act or the Sexually Violent Persons 
14
Commitment Act shall constitute an
adjudication for the 
15
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 
18
murder under Section 9-1 of the
Criminal Code of 1961, against 
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a person
under 18 years of age, shall be required to register

20
for natural life.
A conviction for an offense of federal, 
21
Uniform Code of Military Justice,
sister state, or foreign 
22
country law that is substantially equivalent to any
offense 
23
listed in subsection (C-5) of this Section shall constitute a

24
conviction for the purpose of this Article. This subsection 
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(C-5) applies to a person who committed the offense before June 
26
1, 1996 only if the person is incarcerated in an Illinois 
 


 






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Department of Corrections facility on August 20, 2004 (the 
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effective date of Public Act 93-977).

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    (D) As used in this Article, "law enforcement agency having 
4
jurisdiction"
means the Chief of Police in each of the 
5
municipalities in which the sex offender
expects to reside, 
6
work, or attend school (1) upon his or her discharge,
parole or 
7
release or
(2) during the service of his or her sentence of 
8
probation or conditional
discharge, or the Sheriff of the 
9
county, in the event no Police Chief exists
or if the offender 
10
intends to reside, work, or attend school in an
unincorporated 
11
area.
"Law enforcement agency having jurisdiction" includes 
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the location where
out-of-state students attend school and 
13
where out-of-state employees are
employed or are otherwise 
14
required to register.

15
    (D-1) As used in this Article, "supervising officer" means 
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the assigned Illinois Department of Corrections parole agent or 
17
county probation officer. 
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    (E) As used in this Article, "sexual predator" means any 
19
person who,
after July 1, 1999, is:


20
        (1) Convicted for an offense of federal, Uniform Code 
21
    of Military
Justice, sister state, or foreign country law 
22
    that is substantially equivalent
to any offense listed in 
23
    subsection (E) of this Section shall constitute a

24
    conviction for the purpose of this Article.
Convicted of a 
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    violation or attempted violation of any of the following

26
    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 
3
        prostitution),


4
            11-19.1 (juvenile pimping),


5
            11-19.2 (exploitation of a child),


6
            11-20.1 (child pornography),

7
            11-20.3 (aggravated child pornography),

8
            12-13 (criminal sexual assault),


9
            12-14 (aggravated criminal sexual assault),


10
            12-14.1 (predatory criminal sexual assault of a 
11
        child),


12
            12-16 (aggravated criminal sexual abuse),


13
            12-33 (ritualized abuse of a child);


14
        (2) (blank);


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        (3) certified as a sexually dangerous person pursuant 
16
    to the Sexually
Dangerous Persons Act or any substantially 
17
    similar federal, Uniform Code of
Military Justice, sister 
18
    state, or
foreign country law;


19
        (4) found to be a sexually violent person pursuant to 
20
    the Sexually Violent
Persons Commitment Act or any 
21
    substantially similar federal, Uniform Code of
Military 
22
    Justice, sister state, or
foreign country law;


23
        (5) convicted of a second or subsequent offense which 
24
    requires
registration pursuant to this Act.  The conviction 
25
    for the second or subsequent
offense must have occurred 
26
    after July 1, 1999.  For purposes of this paragraph
(5), 
 


 






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    "convicted" shall include a conviction under any

2
    substantially similar
Illinois, federal, Uniform Code of 
3
    Military Justice, sister state, or
foreign country law; or

4
        (6) convicted of a second or subsequent offense of 
5
    luring a minor under Section 10-5.1 of the Criminal Code of 
6
    1961.
7
    (F) As used in this Article, "out-of-state student" means 
8
any sex
offender, as defined in this Section,
or sexual 
9
predator who is enrolled in Illinois, on a full-time or 
10
part-time
basis, in any public or private educational 
11
institution, including, but not
limited to, any secondary 
12
school, trade or professional institution, or
institution of 
13
higher learning.

14
    (G) As used in this Article, "out-of-state employee" means 
15
any sex
offender, as defined in this Section,
or sexual 
16
predator who works in Illinois, regardless of whether the 
17
individual
receives payment for services performed, for a 
18
period of time of 10 or more days
or for an aggregate period of 
19
time of 30 or more days
during any calendar year.
Persons who 
20
operate motor vehicles in the State accrue one day of 
21
employment
time for any portion of a day spent in Illinois.

22
    (H) As used in this Article, "school" means any public or 
23
private educational institution, including, but not limited 
24
to, any elementary or secondary school, trade or professional 
25
institution, or institution of higher education.
26
    (I) As used in this Article, "fixed residence" means any 
 


 






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and all places that a sex offender resides for an aggregate 
2
period of time of 5 or more days in a calendar year.

3
    (J) As used in this Article, "Internet protocol address" 
4
means the string of numbers by which a location on the Internet 
5
is identified by routers or other computers connected to the 
6
Internet.
7
(Source: P.A. 95-331, eff. 8-21-07; 95-579, eff. 6-1-08; 
8
95-625, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. 
9
8-21-08; 96-301, eff. 8-11-09.)