Rep. William Cunningham

Filed: 3/26/2012

 

 


 

 


 
09700HB5280ham002LRB097 16558 RLC 67887 a

1
AMENDMENT TO HOUSE BILL 5280

2    AMENDMENT NO. ______. Amend House Bill 5280, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Unified Code of Corrections is amended by
6changing Section 5-8-1 as follows:
 
7    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
8    Sec. 5-8-1. Natural life imprisonment; enhancements for
9use of a firearm; mandatory supervised release terms.
10    (a) Except as otherwise provided in the statute defining
11the offense or in Article 4.5 of Chapter V, a sentence of
12imprisonment for a felony shall be a determinate sentence set
13by the court under this Section, according to the following
14limitations:
15        (1) for first degree murder,
16            (a) (blank),

 

 

09700HB5280ham002- 2 -LRB097 16558 RLC 67887 a

1            (b) if a trier of fact finds beyond a reasonable
2        doubt that the murder was accompanied by exceptionally
3        brutal or heinous behavior indicative of wanton
4        cruelty or, except as set forth in subsection (a)(1)(c)
5        of this Section, that any of the aggravating factors
6        listed in subsection (b) or (b-5) of Section 9-1 of the
7        Criminal Code of 1961 are present, the court may
8        sentence the defendant to a term of natural life
9        imprisonment, or
10            (c) the court shall sentence the defendant to a
11        term of natural life imprisonment when the death
12        penalty is not imposed if the defendant,
13                (i) has previously been convicted of first
14            degree murder under any state or federal law, or
15                (ii) is a person who, at the time of the
16            commission of the murder, had attained the age of
17            17 or more and is found guilty of murdering an
18            individual under 12 years of age; or, irrespective
19            of the defendant's age at the time of the
20            commission of the offense, is found guilty of
21            murdering more than one victim, or
22                (iii) is found guilty of murdering a peace
23            officer, fireman, or emergency management worker
24            when the peace officer, fireman, or emergency
25            management worker was killed in the course of
26            performing his official duties, or to prevent the

 

 

09700HB5280ham002- 3 -LRB097 16558 RLC 67887 a

1            peace officer or fireman from performing his
2            official duties, or in retaliation for the peace
3            officer, fireman, or emergency management worker
4            from performing his official duties, and the
5            defendant knew or should have known that the
6            murdered individual was a peace officer, fireman,
7            or emergency management worker, or
8                (iv) is found guilty of murdering an employee
9            of an institution or facility of the Department of
10            Corrections, or any similar local correctional
11            agency, when the employee was killed in the course
12            of performing his official duties, or to prevent
13            the employee from performing his official duties,
14            or in retaliation for the employee performing his
15            official duties, or
16                (v) is found guilty of murdering an emergency
17            medical technician - ambulance, emergency medical
18            technician - intermediate, emergency medical
19            technician - paramedic, ambulance driver or other
20            medical assistance or first aid person while
21            employed by a municipality or other governmental
22            unit when the person was killed in the course of
23            performing official duties or to prevent the
24            person from performing official duties or in
25            retaliation for performing official duties and the
26            defendant knew or should have known that the

 

 

09700HB5280ham002- 4 -LRB097 16558 RLC 67887 a

1            murdered individual was an emergency medical
2            technician - ambulance, emergency medical
3            technician - intermediate, emergency medical
4            technician - paramedic, ambulance driver, or other
5            medical assistant or first aid personnel, or
6                (vi) is a person who, at the time of the
7            commission of the murder, had not attained the age
8            of 17, and is found guilty of murdering a person
9            under 12 years of age and the murder is committed
10            during the course of aggravated criminal sexual
11            assault, criminal sexual assault, or aggravated
12            kidnaping, or
13                (vii) is found guilty of first degree murder
14            and the murder was committed by reason of any
15            person's activity as a community policing
16            volunteer or to prevent any person from engaging in
17            activity as a community policing volunteer. For
18            the purpose of this Section, "community policing
19            volunteer" has the meaning ascribed to it in
20            Section 2-3.5 of the Criminal Code of 1961.
21            For purposes of clause (v), "emergency medical
22        technician - ambulance", "emergency medical technician -
23         intermediate", "emergency medical technician -
24        paramedic", have the meanings ascribed to them in the
25        Emergency Medical Services (EMS) Systems Act.
26            (d) (i) if the person committed the offense while

 

 

09700HB5280ham002- 5 -LRB097 16558 RLC 67887 a

1            armed with a firearm, 15 years shall be added to
2            the term of imprisonment imposed by the court;
3                (ii) if, during the commission of the offense,
4            the person personally discharged a firearm, 20
5            years shall be added to the term of imprisonment
6            imposed by the court;
7                (iii) if, during the commission of the
8            offense, the person personally discharged a
9            firearm that proximately caused great bodily harm,
10            permanent disability, permanent disfigurement, or
11            death to another person, 25 years or up to a term
12            of natural life shall be added to the term of
13            imprisonment imposed by the court.
14        (2) (blank);
15        (2.5) for a person convicted under the circumstances
16    described in subdivision (b)(1)(B) of Section 11-1.20 or
17    paragraph (3) of subsection (b) of Section 12-13,
18    subdivision (d)(2) of Section 11-1.30 or paragraph (2) of
19    subsection (d) of Section 12-14, subdivision (b)(1.2) of
20    Section 11-1.40 or paragraph (1.2) of subsection (b) of
21    Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or
22    paragraph (2) of subsection (b) of Section 12-14.1 of the
23    Criminal Code of 1961, the sentence shall be a term of
24    natural life imprisonment.
25    (b) (Blank).
26    (c) (Blank).

 

 

09700HB5280ham002- 6 -LRB097 16558 RLC 67887 a

1    (d) Subject to earlier termination under Section 3-3-8, the
2parole or mandatory supervised release term shall be written as
3part of the sentencing order and shall be as follows:
4        (1) for first degree murder or a Class X felony except
5    for the offenses of predatory criminal sexual assault of a
6    child, aggravated criminal sexual assault, and criminal
7    sexual assault if committed on or after the effective date
8    of this amendatory Act of the 94th General Assembly and
9    except for the offense of aggravated child pornography
10    under Section 11-20.1B or 11-20.3 of the Criminal Code of
11    1961, if committed on or after January 1, 2009, and except
12    for a second or subsequent offense of luring of a minor
13    committed on or after the effective date of this amendatory
14    Act of the 97th General Assembly when the person has a
15    prior conviction in Illinois of a sex offense as defined in
16    the Sex Offender Registration Act, or any substantially
17    similar federal, Uniform Code of Military Justice, sister
18    state, or foreign government offense, 3 years;
19        (2) for a Class 1 felony or a Class 2 felony except for
20    the offense of criminal sexual assault if committed on or
21    after the effective date of this amendatory Act of the 94th
22    General Assembly and except for the offenses of manufacture
23    and dissemination of child pornography under clauses
24    (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
25    of 1961, if committed on or after January 1, 2009, and
26    except for a second or subsequent offense of luring of a

 

 

09700HB5280ham002- 7 -LRB097 16558 RLC 67887 a

1    minor committed on or after the effective date of this
2    amendatory Act of the 97th General Assembly when the person
3    has a prior conviction in Illinois of a sex offense as
4    defined in the Sex Offender Registration Act, or any
5    substantially similar federal, Uniform Code of Military
6    Justice, sister state, or foreign government offense, 2
7    years;
8        (3) for a Class 3 felony or a Class 4 felony, except
9    for a second or subsequent offense of luring of a minor
10    committed on or after the effective date of this amendatory
11    Act of the 97th General Assembly when the person has a
12    prior conviction in Illinois of a sex offense as defined in
13    the Sex Offender Registration Act, or any substantially
14    similar federal, Uniform Code of Military Justice, sister
15    state, or foreign government offense, 1 year;
16        (4) for defendants who commit the offense of predatory
17    criminal sexual assault of a child, aggravated criminal
18    sexual assault, or criminal sexual assault, on or after the
19    effective date of this amendatory Act of the 94th General
20    Assembly, or who commit the offense of aggravated child
21    pornography, manufacture of child pornography, or
22    dissemination of child pornography after January 1, 2009,
23    or who commit a second or subsequent offense of luring of a
24    minor committed on or after the effective date of this
25    amendatory Act of the 97th General Assembly when the person
26    has a prior conviction in Illinois of a sex offense as

 

 

09700HB5280ham002- 8 -LRB097 16558 RLC 67887 a

1    defined in the Sex Offender Registration Act, or any
2    substantially similar federal, Uniform Code of Military
3    Justice, sister state, or foreign government offense, the
4    term of mandatory supervised release shall range from a
5    minimum of 3 years to a maximum of the natural life of the
6    defendant;
7        (5) if the victim is under 18 years of age, for a
8    second or subsequent offense of aggravated criminal sexual
9    abuse or felony criminal sexual abuse, 4 years, at least
10    the first 2 years of which the defendant shall serve in an
11    electronic home detention program under Article 8A of
12    Chapter V of this Code;
13        (6) for a felony domestic battery, aggravated domestic
14    battery, stalking, aggravated stalking, and a felony
15    violation of an order of protection, 4 years.
16    (e) (Blank).
17    (f) (Blank).
18(Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10;
1996-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff.
207-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; revised
219-14-11.)
 
22    Section 10. The Sex Offender Registration Act is amended by
23changing Section 2 as follows:
 
24    (730 ILCS 150/2)  (from Ch. 38, par. 222)

 

 

09700HB5280ham002- 9 -LRB097 16558 RLC 67887 a

1    Sec. 2. Definitions.
2    (A) As used in this Article, "sex offender" means any
3person who is:
4        (1) charged pursuant to Illinois law, or any
5    substantially similar federal, Uniform Code of Military
6    Justice, sister state, or foreign country law, with a sex
7    offense set forth in subsection (B) of this Section or the
8    attempt to commit an included sex offense, and:
9            (a) is convicted of such offense or an attempt to
10        commit such offense; or
11            (b) is found not guilty by reason of insanity of
12        such offense or an attempt to commit such offense; or
13            (c) is found not guilty by reason of insanity
14        pursuant to Section 104-25(c) of the Code of Criminal
15        Procedure of 1963 of such offense or an attempt to
16        commit such offense; or
17            (d) is the subject of a finding not resulting in an
18        acquittal at a hearing conducted pursuant to Section
19        104-25(a) of the Code of Criminal Procedure of 1963 for
20        the alleged commission or attempted commission of such
21        offense; or
22            (e) is found not guilty by reason of insanity
23        following a hearing conducted pursuant to a federal,
24        Uniform Code of Military Justice, sister state, or
25        foreign country law substantially similar to Section
26        104-25(c) of the Code of Criminal Procedure of 1963 of

 

 

09700HB5280ham002- 10 -LRB097 16558 RLC 67887 a

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

 

 

09700HB5280ham002- 11 -LRB097 16558 RLC 67887 a

1    law, or found guilty under Article V of the Juvenile Court
2    Act of 1987 of committing or attempting to commit an act
3    which, if committed by an adult, would constitute any of
4    the offenses specified in item (B), (C), or (C-5) of this
5    Section or a violation of any substantially similar
6    federal, Uniform Code of Military Justice, sister state, or
7    foreign country law.
8    Convictions that result from or are connected with the same
9act, or result from offenses committed at the same time, shall
10be counted for the purpose of this Article as one conviction.
11Any conviction set aside pursuant to law is not a conviction
12for purposes of this Article.
13     For purposes of this Section, "convicted" shall have the
14same meaning as "adjudicated".
15    (B) As used in this Article, "sex offense" means:
16        (1) A violation of any of the following Sections of the
17    Criminal Code of 1961:
18            11-20.1 (child pornography),
19            11-20.1B or 11-20.3 (aggravated child
20        pornography),
21            11-6 (indecent solicitation of a child),
22            11-9.1 (sexual exploitation of a child),
23            11-9.2 (custodial sexual misconduct),
24            11-9.5 (sexual misconduct with a person with a
25        disability),
26            11-14.4 (promoting juvenile prostitution),

 

 

09700HB5280ham002- 12 -LRB097 16558 RLC 67887 a

1            11-15.1 (soliciting for a juvenile prostitute),
2            11-18.1 (patronizing a juvenile prostitute),
3            11-17.1 (keeping a place of juvenile
4        prostitution),
5            11-19.1 (juvenile pimping),
6            11-19.2 (exploitation of a child),
7            11-25 (grooming),
8            11-26 (traveling to meet a minor),
9            11-1.20 or 12-13 (criminal sexual assault),
10            11-1.30 or 12-14 (aggravated criminal sexual
11        assault),
12            11-1.40 or 12-14.1 (predatory criminal sexual
13        assault of a child),
14            11-1.50 or 12-15 (criminal sexual abuse),
15            11-1.60 or 12-16 (aggravated criminal sexual
16        abuse),
17            12-33 (ritualized abuse of a child).
18            An attempt to commit any of these offenses.
19        (1.5) A violation of any of the following Sections of
20    the Criminal Code of 1961, when the victim is a person
21    under 18 years of age, the defendant is not a parent of the
22    victim, the offense was sexually motivated as defined in
23    Section 10 of the Sex Offender Management Board Act, and
24    the offense was committed on or after January 1, 1996:
25            10-1 (kidnapping),
26            10-2 (aggravated kidnapping),

 

 

09700HB5280ham002- 13 -LRB097 16558 RLC 67887 a

1            10-3 (unlawful restraint),
2            10-3.1 (aggravated unlawful restraint).
3        If the offense was committed before January 1, 1996, it
4    is a sex offense requiring registration only when the
5    person is convicted of any felony after July 1, 2011, and
6    paragraph (2.1) of subsection (c) of Section 3 of this Act
7    applies.
8        (1.6) First degree murder under Section 9-1 of the
9    Criminal Code of 1961, provided the offense was sexually
10    motivated as defined in Section 10 of the Sex Offender
11    Management Board Act.
12        (1.7) (Blank).
13        (1.8) A violation or attempted violation of Section
14    11-11 (sexual relations within families) of the Criminal
15    Code of 1961, and the offense was committed on or after
16    June 1, 1997. If the offense was committed before June 1,
17    1997, it is a sex offense requiring registration only when
18    the person is convicted of any felony after July 1, 2011,
19    and paragraph (2.1) of subsection (c) of Section 3 of this
20    Act applies.
21        (1.9) Child abduction under paragraph (10) of
22    subsection (b) of Section 10-5 of the Criminal Code of 1961
23    committed by luring or attempting to lure a child under the
24    age of 16 into a motor vehicle, building, house trailer, or
25    dwelling place without the consent of the parent or lawful
26    custodian of the child for other than a lawful purpose and

 

 

09700HB5280ham002- 14 -LRB097 16558 RLC 67887 a

1    the offense was committed on or after January 1, 1998,
2    provided the offense was sexually motivated as defined in
3    Section 10 of the Sex Offender Management Board Act. If the
4    offense was committed before January 1, 1998, it is a sex
5    offense requiring registration only when the person is
6    convicted of any felony after July 1, 2011, and paragraph
7    (2.1) of subsection (c) of Section 3 of this Act applies.
8        (1.10) A violation or attempted violation of any of the
9    following Sections of the Criminal Code of 1961 when the
10    offense was committed on or after July 1, 1999:
11            10-4 (forcible detention, if the victim is under 18
12        years of age), provided the offense was sexually
13        motivated as defined in Section 10 of the Sex Offender
14        Management Board Act,
15            11-6.5 (indecent solicitation of an adult),
16            11-14.3 that involves soliciting for a prostitute,
17        or 11-15 (soliciting for a prostitute, if the victim is
18        under 18 years of age),
19            subdivision (a)(2)(A) or (a)(2)(B) of Section
20        11-14.3, or Section 11-16 (pandering, if the victim is
21        under 18 years of age),
22            11-18 (patronizing a prostitute, if the victim is
23        under 18 years of age),
24            subdivision (a)(2)(C) of Section 11-14.3, or
25        Section 11-19 (pimping, if the victim is under 18 years
26        of age).

 

 

09700HB5280ham002- 15 -LRB097 16558 RLC 67887 a

1        If the offense was committed before July 1, 1999, it is
2    a sex offense requiring registration only when the person
3    is convicted of any felony after July 1, 2011, and
4    paragraph (2.1) of subsection (c) of Section 3 of this Act
5    applies.
6        (1.11) A violation or attempted violation of any of the
7    following Sections of the Criminal Code of 1961 when the
8    offense was committed on or after August 22, 2002:
9            11-9 or 11-30 (public indecency for a third or
10        subsequent conviction).
11        If the third or subsequent conviction was imposed
12    before August 22, 2002, it is a sex offense requiring
13    registration only when the person is convicted of any
14    felony after July 1, 2011, and paragraph (2.1) of
15    subsection (c) of Section 3 of this Act applies.
16        (1.12) A violation or attempted violation of Section
17    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
18    Criminal Code of 1961 (permitting sexual abuse) when the
19    offense was committed on or after August 22, 2002. If the
20    offense was committed before August 22, 2002, it is a sex
21    offense requiring registration only when the person is
22    convicted of any felony after July 1, 2011, and paragraph
23    (2.1) of subsection (c) of Section 3 of this Act applies.
24        (2) A violation of any former law of this State
25    substantially equivalent to any offense listed in
26    subsection (B) of this Section.

 

 

09700HB5280ham002- 16 -LRB097 16558 RLC 67887 a

1    (C) A conviction for an offense of federal law, Uniform
2Code of Military Justice, or the law of another state or a
3foreign country that is substantially equivalent to any offense
4listed in subsections (B), (C), (E), and (E-5) of this Section
5shall constitute a conviction for the purpose of this Article.
6A finding or adjudication as a sexually dangerous person or a
7sexually violent person under any federal law, Uniform Code of
8Military Justice, or the law of another state or foreign
9country that is substantially equivalent to the Sexually
10Dangerous Persons Act or the Sexually Violent Persons
11Commitment Act shall constitute an adjudication for the
12purposes of this Article.
13    (C-5) A person at least 17 years of age at the time of the
14commission of the offense who is convicted of first degree
15murder under Section 9-1 of the Criminal Code of 1961, against
16a person under 18 years of age, shall be required to register
17for natural life. A conviction for an offense of federal,
18Uniform Code of Military Justice, sister state, or foreign
19country law that is substantially equivalent to any offense
20listed in subsection (C-5) of this Section shall constitute a
21conviction for the purpose of this Article. This subsection
22(C-5) applies to a person who committed the offense before June
231, 1996 if: (i) the person is incarcerated in an Illinois
24Department of Corrections facility on August 20, 2004 (the
25effective date of Public Act 93-977), or (ii) subparagraph (i)
26does not apply and the person is convicted of any felony after

 

 

09700HB5280ham002- 17 -LRB097 16558 RLC 67887 a

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

 

 

09700HB5280ham002- 18 -LRB097 16558 RLC 67887 a

1    (D-1) As used in this Article, "supervising officer" means
2the assigned Illinois Department of Corrections parole agent or
3county probation officer.
4    (E) As used in this Article, "sexual predator" means any
5person who, after July 1, 1999, is:
6        (1) Convicted for an offense of federal, Uniform Code
7    of Military Justice, sister state, or foreign country law
8    that is substantially equivalent to any offense listed in
9    subsection (E) or (E-5) of this Section shall constitute a
10    conviction for the purpose of this Article. Convicted of a
11    violation or attempted violation of any of the following
12    Sections of the Criminal Code of 1961:
13            10-5.1 (luring of a minor),
14            11-14.4 that involves keeping a place of juvenile
15        prostitution, or 11-17.1 (keeping a place of juvenile
16        prostitution),
17            subdivision (a)(2) or (a)(3) of Section 11-14.4,
18        or Section 11-19.1 (juvenile pimping),
19            subdivision (a)(4) of Section 11-14.4, or Section
20        11-19.2 (exploitation of a child),
21            11-20.1 (child pornography),
22            11-20.1B or 11-20.3 (aggravated child
23        pornography),
24            11-1.20 or 12-13 (criminal sexual assault),
25            11-1.30 or 12-14 (aggravated criminal sexual
26        assault),

 

 

09700HB5280ham002- 19 -LRB097 16558 RLC 67887 a

1            11-1.40 or 12-14.1 (predatory criminal sexual
2        assault of a child),
3            11-1.60 or 12-16 (aggravated criminal sexual
4        abuse),
5            12-33 (ritualized abuse of a child);
6        (2) (blank);
7        (3) certified as a sexually dangerous person pursuant
8    to the Sexually Dangerous Persons Act or any substantially
9    similar federal, Uniform Code of Military Justice, sister
10    state, or foreign country law;
11        (4) found to be a sexually violent person pursuant to
12    the Sexually Violent Persons Commitment Act or any
13    substantially similar federal, Uniform Code of Military
14    Justice, sister state, or foreign country law;
15        (5) convicted of a second or subsequent offense which
16    requires registration pursuant to this Act. For purposes of
17    this paragraph (5), "convicted" shall include a conviction
18    under any substantially similar Illinois, federal, Uniform
19    Code of Military Justice, sister state, or foreign country
20    law;
21        (6) (blank); or convicted of a second or subsequent
22    offense of luring a minor under Section 10-5.1 of the
23    Criminal Code of 1961; or
24        (7) if the person was convicted of an offense set forth
25    in this subsection (E) on or before July 1, 1999, the
26    person is a sexual predator for whom registration is

 

 

09700HB5280ham002- 20 -LRB097 16558 RLC 67887 a

1    required only when the person is convicted of a felony
2    offense after July 1, 2011, and paragraph (2.1) of
3    subsection (c) of Section 3 of this Act applies.
4    (E-5) As used in this Article, "sexual predator" also means
5a person convicted of a violation or attempted violation of any
6of the following Sections of the Criminal Code of 1961:
7        (1) Section 9-1 (first degree murder, when the victim
8    was a person under 18 years of age and the defendant was at
9    least 17 years of age at the time of the commission of the
10    offense, provided the offense was sexually motivated as
11    defined in Section 10 of the Sex Offender Management Board
12    Act);
13        (2) Section 11-9.5 (sexual misconduct with a person
14    with a disability);
15        (3) when the victim is a person under 18 years of age,
16    the defendant is not a parent of the victim, the offense
17    was sexually motivated as defined in Section 10 of the Sex
18    Offender Management Board Act, and the offense was
19    committed on or after January 1, 1996: (A) Section 10-1
20    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
21    (C) Section 10-3 (unlawful restraint), and (D) Section
22    10-3.1 (aggravated unlawful restraint); and
23        (4) Section 10-5(b)(10) (child abduction committed by
24    luring or attempting to lure a child under the age of 16
25    into a motor vehicle, building, house trailer, or dwelling
26    place without the consent of the parent or lawful custodian

 

 

09700HB5280ham002- 21 -LRB097 16558 RLC 67887 a

1    of the child for other than a lawful purpose and the
2    offense was committed on or after January 1, 1998, provided
3    the offense was sexually motivated as defined in Section 10
4    of the Sex Offender Management Board Act).
5    (E-10) As used in this Article, "sexual predator" also
6means a person required to register in another State due to a
7conviction, adjudication or other action of any court
8triggering an obligation to register as a sex offender, sexual
9predator, or substantially similar status under the laws of
10that State.
11    (F) As used in this Article, "out-of-state student" means
12any sex offender, as defined in this Section, or sexual
13predator who is enrolled in Illinois, on a full-time or
14part-time basis, in any public or private educational
15institution, including, but not limited to, any secondary
16school, trade or professional institution, or institution of
17higher learning.
18    (G) As used in this Article, "out-of-state employee" means
19any sex offender, as defined in this Section, or sexual
20predator who works in Illinois, regardless of whether the
21individual receives payment for services performed, for a
22period of time of 10 or more days or for an aggregate period of
23time of 30 or more days during any calendar year. Persons who
24operate motor vehicles in the State accrue one day of
25employment time for any portion of a day spent in Illinois.
26    (H) As used in this Article, "school" means any public or

 

 

09700HB5280ham002- 22 -LRB097 16558 RLC 67887 a

1private educational institution, including, but not limited
2to, any elementary or secondary school, trade or professional
3institution, or institution of higher education.
4    (I) As used in this Article, "fixed residence" means any
5and all places that a sex offender resides for an aggregate
6period of time of 5 or more days in a calendar year.
7    (J) As used in this Article, "Internet protocol address"
8means the string of numbers by which a location on the Internet
9is identified by routers or other computers connected to the
10Internet.
11(Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11;
1296-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12;
13revised 9-27-11.)".