Illinois General Assembly - Full Text of HB3722
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Full Text of HB3722  102nd General Assembly

HB3722 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3722

 

Introduced 2/22/2021, by Rep. Mark Batinick

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 150/2  from Ch. 38, par. 222

    Amends the Sex Offender Registration Act. Provides that "sex offender" includes a person convicted of a battery if: (1) the State's Attorney's office filed a notice contemporaneous with or included in the summons, complaint, or other document charging the battery to seek sex offender registration as a sexually motivated battery; (2) the complaining witness is under 17 years of age; (3) the offender is 21 years of age or older; and (4) the court finds that the battery was sexually motivated.


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A BILL FOR

 

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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 5. 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
3        for the alleged commission or attempted commission of
4        such 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
14        federal, Uniform Code of Military Justice, sister
15        state, or foreign country law substantially similar to
16        Section 104-25(a) of the Code of Criminal Procedure of
17        1963 for the alleged violation or attempted commission
18        of such offense; or
19        (2) declared 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
7    offenses specified in item (B), (C), or (C-5) of this
8    Section or a violation of any substantially similar
9    federal, Uniform Code of Military Justice, sister state,
10    or foreign country law, or found guilty under Article V of
11    the Juvenile Court Act of 1987 of committing or attempting
12    to commit an act which, if committed by an adult, would
13    constitute any of the offenses specified in item (B), (C),
14    or (C-5) of this Section or a violation of any
15    substantially similar federal, Uniform Code of Military
16    Justice, sister state, or foreign country law; or .
17        (6) convicted of a battery if: (1) the State's
18    Attorney's office filed a notice contemporaneous with or
19    included in the summons, complaint, or other document
20    charging the battery to seek sex offender registration
21    under this paragraph (6) as a sexually motivated battery;
22    (2) the complaining witness is under 17 years of age; (3)
23    the offender is 21 years of age or older; and (4) the court
24    finds that the battery was "sexually motivated" as defined
25    in subsection (e) of Section 10 of the Sex Offender
26    Management Board Act.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1Code of Military Justice, or the law of another state or a
2foreign country that is substantially equivalent to any
3offense listed in subsections (B), (C), (E), and (E-5) of this
4Section shall constitute a conviction for the purpose of this
5Article. A finding or adjudication as a sexually dangerous
6person or a sexually violent person under any federal law,
7Uniform Code of Military Justice, or the law of another state
8or foreign country that is substantially equivalent to the
9Sexually Dangerous Persons Act or the Sexually Violent Persons
10Commitment Act shall constitute an adjudication for the
11purposes of this Article.
12    (C-5) A person at least 17 years of age at the time of the
13commission of the offense who is convicted of first degree
14murder under Section 9-1 of the Criminal Code of 1961 or the
15Criminal Code of 2012, against a person under 18 years of age,
16shall be required to register for natural life. A conviction
17for an offense of federal, Uniform Code of Military Justice,
18sister state, or foreign country law that is substantially
19equivalent to any offense listed in subsection (C-5) of this
20Section shall constitute a conviction for the purpose of this
21Article. This subsection (C-5) applies to a person who
22committed the offense before June 1, 1996 if: (i) the person is
23incarcerated in an Illinois Department of Corrections facility
24on August 20, 2004 (the effective date of Public Act 93-977),
25or (ii) subparagraph (i) does not apply and the person is
26convicted of any felony after July 1, 2011, and paragraph

 

 

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

 

 

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1the assigned Illinois Department of Corrections parole agent
2or county probation officer.
3    (E) As used in this Article, "sexual predator" means any
4person who, after July 1, 1999, is:
5        (1) Convicted for an offense of federal, Uniform Code
6    of Military Justice, sister state, or foreign country law
7    that is substantially equivalent to any offense listed in
8    subsection (E) or (E-5) of this Section shall constitute a
9    conviction for the purpose of this Article. Convicted of a
10    violation or attempted violation of any of the following
11    Sections of the Criminal Code of 1961 or the Criminal Code
12    of 2012:
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),

 

 

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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) declared 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
17    of this paragraph (5), "convicted" shall include a
18    conviction under any substantially similar Illinois,
19    federal, Uniform Code of Military Justice, sister state,
20    or foreign country law;
21        (6) (blank); or
22        (7) if the person was convicted of an offense set
23    forth in this subsection (E) on or before July 1, 1999, the
24    person is a sexual predator for whom registration is
25    required only when the person is convicted of a felony
26    offense after July 1, 2011, and paragraph (2.1) of

 

 

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1    subsection (c) of Section 3 of this Act applies.
2    (E-5) As used in this Article, "sexual predator" also
3means a person convicted of a violation or attempted violation
4of any of the following Sections of the Criminal Code of 1961
5or the Criminal Code of 2012:
6        (1) Section 9-1 (first degree murder, when the victim
7    was a person under 18 years of age and the defendant was at
8    least 17 years of age at the time of the commission of the
9    offense, provided the offense was sexually motivated as
10    defined in Section 10 of the Sex Offender Management Board
11    Act);
12        (2) Section 11-9.5 (sexual misconduct with a person
13    with a disability);
14        (3) when the victim is a person under 18 years of age,
15    the defendant is not a parent of the victim, the offense
16    was sexually motivated as defined in Section 10 of the Sex
17    Offender Management Board Act, and the offense was
18    committed on or after January 1, 1996: (A) Section 10-1
19    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
20    (C) Section 10-3 (unlawful restraint), and (D) Section
21    10-3.1 (aggravated unlawful restraint); and
22        (4) Section 10-5(b)(10) (child abduction committed by
23    luring or attempting to lure a child under the age of 16
24    into a motor vehicle, building, house trailer, or dwelling
25    place without the consent of the parent or lawful
26    custodian of the child for other than a lawful purpose and

 

 

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

 

 

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1to, any elementary or secondary school, trade or professional
2institution, or institution of higher education.
3    (I) As used in this Article, "fixed residence" means any
4and all places that a sex offender resides for an aggregate
5period of time of 5 or more days in a calendar year.
6    (J) As used in this Article, "Internet protocol address"
7means the string of numbers by which a location on the Internet
8is identified by routers or other computers connected to the
9Internet.
10(Source: P.A. 100-428, eff. 1-1-18.)