HB5280 EnrolledLRB097 16558 RLC 61730 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 10. The Sex Offender Registration Act is amended by
5changing Section 2 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
9person 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

 

 

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1        acquittal at a hearing conducted pursuant to Section
2        104-25(a) of the Code of Criminal Procedure of 1963 for
3        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
10        such offense or of the attempted commission of such
11        offense; or
12            (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
19        (2) certified as a sexually dangerous person pursuant
20    to the Illinois Sexually Dangerous Persons Act, or any
21    substantially similar federal, Uniform Code of Military
22    Justice, sister state, or foreign country law; or
23        (3) subject to the provisions of Section 2 of the
24    Interstate Agreements on Sexually Dangerous Persons Act;
25    or
26        (4) found to be a sexually violent person pursuant to

 

 

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1    the Sexually Violent Persons Commitment Act or any
2    substantially similar federal, Uniform Code of Military
3    Justice, sister state, or foreign country law; or
4        (5) adjudicated a juvenile delinquent as the result of
5    committing or attempting to commit an act which, if
6    committed by an adult, would constitute any of the offenses
7    specified in item (B), (C), or (C-5) of this Section or a
8    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
18act, or result from offenses committed at the same time, shall
19be counted for the purpose of this Article as one conviction.
20Any conviction set aside pursuant to law is not a conviction
21for purposes of this Article.
22     For purposes of this Section, "convicted" shall have the
23same meaning as "adjudicated".
24    (B) As used in this Article, "sex offense" means:
25        (1) A violation of any of the following Sections of the
26    Criminal Code of 1961:

 

 

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1            11-20.1 (child pornography),
2            11-20.1B or 11-20.3 (aggravated child
3        pornography),
4            11-6 (indecent solicitation of a child),
5            11-9.1 (sexual exploitation of a child),
6            11-9.2 (custodial sexual misconduct),
7            11-9.5 (sexual misconduct with a person with a
8        disability),
9            11-14.4 (promoting juvenile prostitution),
10            11-15.1 (soliciting for a juvenile prostitute),
11            11-18.1 (patronizing a juvenile prostitute),
12            11-17.1 (keeping a place of juvenile
13        prostitution),
14            11-19.1 (juvenile pimping),
15            11-19.2 (exploitation of a child),
16            11-25 (grooming),
17            11-26 (traveling to meet a minor),
18            11-1.20 or 12-13 (criminal sexual assault),
19            11-1.30 or 12-14 (aggravated criminal sexual
20        assault),
21            11-1.40 or 12-14.1 (predatory criminal sexual
22        assault of a child),
23            11-1.50 or 12-15 (criminal sexual abuse),
24            11-1.60 or 12-16 (aggravated criminal sexual
25        abuse),
26            12-33 (ritualized abuse of a child).

 

 

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1            An attempt to commit any of these offenses.
2        (1.5) A violation of any of the following Sections of
3    the Criminal Code of 1961, when the victim is a person
4    under 18 years of age, the defendant is not a parent of the
5    victim, the offense was sexually motivated as defined in
6    Section 10 of the Sex Offender Management Board Act, and
7    the offense was committed on or after January 1, 1996:
8            10-1 (kidnapping),
9            10-2 (aggravated kidnapping),
10            10-3 (unlawful restraint),
11            10-3.1 (aggravated unlawful restraint).
12        If the offense was committed before January 1, 1996, it
13    is a sex offense requiring registration only when the
14    person is convicted of any felony after July 1, 2011, and
15    paragraph (2.1) of subsection (c) of Section 3 of this Act
16    applies.
17        (1.6) First degree murder under Section 9-1 of the
18    Criminal Code of 1961, provided the offense was sexually
19    motivated as defined in Section 10 of the Sex Offender
20    Management Board Act.
21        (1.7) (Blank).
22        (1.8) A violation or attempted violation of Section
23    11-11 (sexual relations within families) of the Criminal
24    Code of 1961, and the offense was committed on or after
25    June 1, 1997. If the offense was committed before June 1,
26    1997, it is a sex offense requiring registration only when

 

 

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1    the person is convicted of any felony after July 1, 2011,
2    and paragraph (2.1) of subsection (c) of Section 3 of this
3    Act applies.
4        (1.9) Child abduction under paragraph (10) of
5    subsection (b) of Section 10-5 of the Criminal Code of 1961
6    committed by luring or attempting to lure a child under the
7    age of 16 into a motor vehicle, building, house trailer, or
8    dwelling place without the consent of the parent or lawful
9    custodian of the child for other than a lawful purpose and
10    the offense was committed on or after January 1, 1998,
11    provided the offense was sexually motivated as defined in
12    Section 10 of the Sex Offender Management Board Act. If the
13    offense was committed before January 1, 1998, it is a sex
14    offense requiring registration only when the person is
15    convicted of any felony after July 1, 2011, and paragraph
16    (2.1) of subsection (c) of Section 3 of this Act applies.
17        (1.10) A violation or attempted violation of any of the
18    following Sections of the Criminal Code of 1961 when the
19    offense was committed on or after July 1, 1999:
20            10-4 (forcible detention, if the victim is under 18
21        years of age), provided the offense was sexually
22        motivated as defined in Section 10 of the Sex Offender
23        Management Board Act,
24            11-6.5 (indecent solicitation of an adult),
25            11-14.3 that involves soliciting for a prostitute,
26        or 11-15 (soliciting for a prostitute, if the victim is

 

 

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1        under 18 years of age),
2            subdivision (a)(2)(A) or (a)(2)(B) of Section
3        11-14.3, or Section 11-16 (pandering, if the victim is
4        under 18 years of age),
5            11-18 (patronizing a prostitute, if the victim is
6        under 18 years of age),
7            subdivision (a)(2)(C) of Section 11-14.3, or
8        Section 11-19 (pimping, if the victim is under 18 years
9        of age).
10        If the offense was committed before July 1, 1999, it is
11    a sex offense requiring registration only when the person
12    is convicted of any felony after July 1, 2011, and
13    paragraph (2.1) of subsection (c) of Section 3 of this Act
14    applies.
15        (1.11) A violation or attempted violation of any of the
16    following Sections of the Criminal Code of 1961 when the
17    offense was committed on or after August 22, 2002:
18            11-9 or 11-30 (public indecency for a third or
19        subsequent conviction).
20        If the third or subsequent conviction was imposed
21    before August 22, 2002, it is a sex offense requiring
22    registration only when the person is convicted of any
23    felony after July 1, 2011, and paragraph (2.1) of
24    subsection (c) of Section 3 of this Act applies.
25        (1.12) A violation or attempted violation of Section
26    5.1 of the Wrongs to Children Act or Section 11-9.1A of the

 

 

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1    Criminal Code of 1961 (permitting sexual abuse) when the
2    offense was committed on or after August 22, 2002. If the
3    offense was committed before August 22, 2002, it is a sex
4    offense requiring registration only when the person is
5    convicted of any felony after July 1, 2011, and paragraph
6    (2.1) of subsection (c) of Section 3 of this Act applies.
7        (2) A violation of any former law of this State
8    substantially equivalent to any offense listed in
9    subsection (B) of this Section.
10    (C) A conviction for an offense of federal law, Uniform
11Code of Military Justice, or the law of another state or a
12foreign country that is substantially equivalent to any offense
13listed in subsections (B), (C), (E), and (E-5) of this Section
14shall constitute a conviction for the purpose of this Article.
15A finding or adjudication as a sexually dangerous person or a
16sexually violent person under any federal law, Uniform Code of
17Military Justice, or the law of another state or foreign
18country that is substantially equivalent to the Sexually
19Dangerous Persons Act or the Sexually Violent Persons
20Commitment Act shall constitute an adjudication for the
21purposes of this Article.
22    (C-5) A person at least 17 years of age at the time of the
23commission of the offense who is convicted of first degree
24murder under Section 9-1 of the Criminal Code of 1961, against
25a person under 18 years of age, shall be required to register
26for natural life. A conviction for an offense of federal,

 

 

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1Uniform Code of Military Justice, sister state, or foreign
2country law that is substantially equivalent to any offense
3listed in subsection (C-5) of this Section shall constitute a
4conviction for the purpose of this Article. This subsection
5(C-5) applies to a person who committed the offense before June
61, 1996 if: (i) the person is incarcerated in an Illinois
7Department of Corrections facility on August 20, 2004 (the
8effective date of Public Act 93-977), or (ii) subparagraph (i)
9does not apply and the person is convicted of any felony after
10July 1, 2011, and paragraph (2.1) of subsection (c) of Section
113 of this Act applies.
12    (C-6) A person who is convicted or adjudicated delinquent
13of first degree murder as defined in Section 9-1 of the
14Criminal Code of 1961, against a person 18 years of age or
15over, shall be required to register for his or her natural
16life. A conviction for an offense of federal, Uniform Code of
17Military Justice, sister state, or foreign country law that is
18substantially equivalent to any offense listed in subsection
19(C-6) of this Section shall constitute a conviction for the
20purpose of this Article. This subsection (C-6) does not apply
21to those individuals released from incarceration more than 10
22years prior to January 1, 2012 (the effective date of Public
23Act 97-154) this amendatory Act of the 97th General Assembly.
24    (D) As used in this Article, "law enforcement agency having
25jurisdiction" means the Chief of Police in each of the
26municipalities in which the sex offender expects to reside,

 

 

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1work, or attend school (1) upon his or her discharge, parole or
2release or (2) during the service of his or her sentence of
3probation or conditional discharge, or the Sheriff of the
4county, in the event no Police Chief exists or if the offender
5intends to reside, work, or attend school in an unincorporated
6area. "Law enforcement agency having jurisdiction" includes
7the location where out-of-state students attend school and
8where out-of-state employees are employed or are otherwise
9required to register.
10    (D-1) As used in this Article, "supervising officer" means
11the assigned Illinois Department of Corrections parole agent or
12county probation officer.
13    (E) As used in this Article, "sexual predator" means any
14person who, after July 1, 1999, is:
15        (1) Convicted for an offense of federal, Uniform Code
16    of Military Justice, sister state, or foreign country law
17    that is substantially equivalent to any offense listed in
18    subsection (E) or (E-5) of this Section shall constitute a
19    conviction for the purpose of this Article. Convicted of a
20    violation or attempted violation of any of the following
21    Sections of the Criminal Code of 1961:
22            10-5.1 (luring of a minor),
23            11-14.4 that involves keeping a place of juvenile
24        prostitution, or 11-17.1 (keeping a place of juvenile
25        prostitution),
26            subdivision (a)(2) or (a)(3) of Section 11-14.4,

 

 

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1        or Section 11-19.1 (juvenile pimping),
2            subdivision (a)(4) of Section 11-14.4, or Section
3        11-19.2 (exploitation of a child),
4            11-20.1 (child pornography),
5            11-20.1B or 11-20.3 (aggravated child
6        pornography),
7            11-1.20 or 12-13 (criminal sexual assault),
8            11-1.30 or 12-14 (aggravated criminal sexual
9        assault),
10            11-1.40 or 12-14.1 (predatory criminal sexual
11        assault of a child),
12            11-1.60 or 12-16 (aggravated criminal sexual
13        abuse),
14            12-33 (ritualized abuse of a child);
15        (2) (blank);
16        (3) certified as a sexually dangerous person pursuant
17    to the Sexually Dangerous Persons Act or any substantially
18    similar federal, Uniform Code of Military Justice, sister
19    state, or foreign country law;
20        (4) found to be a sexually violent person pursuant to
21    the Sexually Violent Persons Commitment Act or any
22    substantially similar federal, Uniform Code of Military
23    Justice, sister state, or foreign country law;
24        (5) convicted of a second or subsequent offense which
25    requires registration pursuant to this Act. For purposes of
26    this paragraph (5), "convicted" shall include a conviction

 

 

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1    under any substantially similar Illinois, federal, Uniform
2    Code of Military Justice, sister state, or foreign country
3    law;
4        (6) (blank); or convicted of a second or subsequent
5    offense of luring a minor under Section 10-5.1 of the
6    Criminal Code of 1961; or
7        (7) if the person was convicted of an offense set forth
8    in this subsection (E) on or before July 1, 1999, the
9    person is a sexual predator for whom registration is
10    required only when the person is convicted of a felony
11    offense after July 1, 2011, and paragraph (2.1) of
12    subsection (c) of Section 3 of this Act applies.
13    (E-5) As used in this Article, "sexual predator" also means
14a person convicted of a violation or attempted violation of any
15of the following Sections of the Criminal Code of 1961:
16        (1) Section 9-1 (first degree murder, when the victim
17    was a person under 18 years of age and the defendant was at
18    least 17 years of age at the time of the commission of the
19    offense, provided the offense was sexually motivated as
20    defined in Section 10 of the Sex Offender Management Board
21    Act);
22        (2) Section 11-9.5 (sexual misconduct with a person
23    with a disability);
24        (3) when the victim is a person under 18 years of age,
25    the defendant is not a parent of the victim, the offense
26    was sexually motivated as defined in Section 10 of the Sex

 

 

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1    Offender Management Board Act, and the offense was
2    committed on or after January 1, 1996: (A) Section 10-1
3    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
4    (C) Section 10-3 (unlawful restraint), and (D) Section
5    10-3.1 (aggravated unlawful restraint); and
6        (4) Section 10-5(b)(10) (child abduction committed by
7    luring or attempting to lure a child under the age of 16
8    into a motor vehicle, building, house trailer, or dwelling
9    place without the consent of the parent or lawful custodian
10    of the child for other than a lawful purpose and the
11    offense was committed on or after January 1, 1998, provided
12    the offense was sexually motivated as defined in Section 10
13    of the Sex Offender Management Board Act).
14    (E-10) As used in this Article, "sexual predator" also
15means a person required to register in another State due to a
16conviction, adjudication or other action of any court
17triggering an obligation to register as a sex offender, sexual
18predator, or substantially similar status under the laws of
19that State.
20    (F) As used in this Article, "out-of-state student" means
21any sex offender, as defined in this Section, or sexual
22predator who is enrolled in Illinois, on a full-time or
23part-time basis, in any public or private educational
24institution, including, but not limited to, any secondary
25school, trade or professional institution, or institution of
26higher learning.

 

 

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1    (G) As used in this Article, "out-of-state employee" means
2any sex offender, as defined in this Section, or sexual
3predator who works in Illinois, regardless of whether the
4individual receives payment for services performed, for a
5period of time of 10 or more days or for an aggregate period of
6time of 30 or more days during any calendar year. Persons who
7operate motor vehicles in the State accrue one day of
8employment time for any portion of a day spent in Illinois.
9    (H) As used in this Article, "school" means any public or
10private educational institution, including, but not limited
11to, any elementary or secondary school, trade or professional
12institution, or institution of higher education.
13    (I) As used in this Article, "fixed residence" means any
14and all places that a sex offender resides for an aggregate
15period of time of 5 or more days in a calendar year.
16    (J) As used in this Article, "Internet protocol address"
17means the string of numbers by which a location on the Internet
18is identified by routers or other computers connected to the
19Internet.
20(Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11;
2196-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12;
22revised 9-27-11.)