Full Text of HB4342 99th General Assembly
HB4342 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4342 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
| 730 ILCS 150/2 | from Ch. 38, par. 222 |
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Amends the Sex Offender Registration Act. Defines "sex offense" to include disorderly conduct, provided the offense was sexually motivated as defined in the Sex Offender Evaluation and Treatment Act, and the offense was committed on or
after the effective date of the amendatory Act.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | 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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Sex Offender Registration Act is amended by | 5 | | changing 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 | 9 | | person who is:
| 10 | | (1) charged pursuant to Illinois law, or any | 11 | | substantially similar
federal, Uniform Code of Military | 12 | | Justice, sister state, or foreign country
law,
with a sex | 13 | | offense set forth
in subsection (B) of this Section or the | 14 | | attempt to commit an included sex
offense, and:
| 15 | | (a) is convicted of such offense or an attempt to | 16 | | commit such offense;
or
| 17 | | (b) is found not guilty by reason of insanity of | 18 | | such offense or an
attempt to commit such offense; or
| 19 | | (c) is found not guilty by reason of insanity | 20 | | pursuant to Section
104-25(c) of the Code of Criminal | 21 | | Procedure of 1963 of such offense or an
attempt to | 22 | | commit such offense; or
| 23 | | (d) is the subject of a finding not resulting in an |
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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) declared as a sexually dangerous person pursuant to | 20 | | 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 | 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".
| 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 or the Criminal Code of 2012:
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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 or the Criminal Code of 2012, | 4 | | when the victim is a person under 18 years of age, the
| 5 | | defendant is not a parent of the victim, the offense was | 6 | | sexually motivated as defined in Section 10 of the Sex | 7 | | Offender Evaluation and Treatment Act, and the offense was | 8 | | committed on or
after January 1, 1996:
| 9 | | 10-1 (kidnapping),
| 10 | | 10-2 (aggravated kidnapping),
| 11 | | 10-3 (unlawful restraint),
| 12 | | 10-3.1 (aggravated unlawful restraint).
| 13 | | If the offense was committed before January 1, 1996, it | 14 | | is a sex offense requiring registration only when the | 15 | | person is convicted of any felony after July 1, 2011, and | 16 | | paragraph (2.1) of subsection (c) of Section 3 of this Act | 17 | | applies. | 18 | | (1.5-1) Disorderly conduct under Section 26-1 of the
| 19 | | Criminal Code of 2012, provided the offense was sexually | 20 | | motivated as defined in Section 10 of the Sex Offender | 21 | | Evaluation and Treatment Act, and the offense was committed | 22 | | on or
after the effective date of this amendatory Act of | 23 | | the 99th General Assembly.
| 24 | | (1.6)
First degree murder under Section 9-1 of the | 25 | | Criminal Code of 1961 or the Criminal Code of 2012,
| 26 | | provided the offense was sexually motivated as defined in |
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| 1 | | Section 10 of the Sex Offender Management Board Act.
| 2 | | (1.7) (Blank).
| 3 | | (1.8) A violation or attempted violation of Section | 4 | | 11-11 (sexual
relations within families) of the Criminal | 5 | | Code of 1961 or the Criminal Code of 2012, and the offense | 6 | | was committed on or after
June 1, 1997. If the offense was | 7 | | committed before June 1, 1997, it is a sex offense | 8 | | requiring registration only when the person is convicted of | 9 | | any felony after July 1, 2011, and paragraph (2.1) of | 10 | | subsection (c) of Section 3 of this Act applies.
| 11 | | (1.9) Child abduction under paragraph (10) of | 12 | | subsection
(b) of Section 10-5 of the Criminal Code of 1961 | 13 | | or the Criminal Code of 2012 committed by luring or
| 14 | | attempting to lure a child under the age of 16 into a motor | 15 | | vehicle, building,
house trailer, or dwelling place | 16 | | without the consent of the parent or lawful
custodian of | 17 | | the child for other than a lawful purpose and the offense | 18 | | was
committed on or after January 1, 1998, provided the | 19 | | offense was sexually motivated as defined in Section 10 of | 20 | | the Sex Offender Management Board Act. If the offense was | 21 | | committed before January 1, 1998, it is a sex offense | 22 | | requiring registration only when the person is convicted of | 23 | | any felony after July 1, 2011, and paragraph (2.1) of | 24 | | subsection (c) of Section 3 of this Act applies.
| 25 | | (1.10) A violation or attempted violation of any of the | 26 | | following Sections
of the Criminal Code of 1961 or the |
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| 1 | | Criminal Code of 2012 when the offense was committed on or | 2 | | after July
1, 1999:
| 3 | | 10-4 (forcible detention, if the victim is under 18 | 4 | | years of age), provided the offense was sexually | 5 | | motivated as defined in Section 10 of the Sex Offender | 6 | | Management Board Act,
| 7 | | 11-6.5 (indecent solicitation of an adult),
| 8 | | 11-14.3 that involves soliciting for a prostitute, | 9 | | or 11-15 (soliciting for a prostitute, if the victim is | 10 | | under 18 years
of age),
| 11 | | subdivision (a)(2)(A) or (a)(2)(B) of Section | 12 | | 11-14.3, or Section 11-16 (pandering, if the victim is | 13 | | under 18 years of age),
| 14 | | 11-18 (patronizing a prostitute, if the victim is | 15 | | under 18 years
of age),
| 16 | | subdivision (a)(2)(C) of Section 11-14.3, or | 17 | | Section 11-19 (pimping, if the victim is under 18 years | 18 | | of age).
| 19 | | If the offense was committed before July 1, 1999, it is | 20 | | a sex offense requiring registration only when the person | 21 | | is convicted of any felony after July 1, 2011, and | 22 | | paragraph (2.1) of subsection (c) of Section 3 of this Act | 23 | | applies.
| 24 | | (1.11) A violation or attempted violation of any of the | 25 | | following
Sections of the Criminal Code of 1961 or the | 26 | | Criminal Code of 2012 when the offense was committed on or
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| 1 | | after August 22, 2002:
| 2 | | 11-9 or 11-30 (public indecency for a third or | 3 | | subsequent conviction). | 4 | | If the third or subsequent conviction was imposed | 5 | | before August 22, 2002, it is a sex offense requiring | 6 | | registration only when the person is convicted of any | 7 | | felony after July 1, 2011, and paragraph (2.1) of | 8 | | subsection (c) of Section 3 of this Act applies.
| 9 | | (1.12) A violation or attempted violation of Section
| 10 | | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the | 11 | | Criminal Code of 1961 or the Criminal Code of 2012 | 12 | | (permitting sexual abuse) when the
offense was committed on | 13 | | or after August 22, 2002. If the offense was committed | 14 | | before August 22, 2002, it is a sex offense requiring | 15 | | registration only when the person is convicted of any | 16 | | felony after July 1, 2011, and paragraph (2.1) of | 17 | | subsection (c) of Section 3 of this Act applies.
| 18 | | (2) A violation of any former law of this State | 19 | | substantially equivalent
to any offense listed in | 20 | | subsection (B) of this Section.
| 21 | | (C) A conviction for an offense of federal law, Uniform | 22 | | Code of Military
Justice, or the law of another state
or a | 23 | | foreign country that is substantially equivalent to any offense | 24 | | listed
in subsections (B), (C), (E), and (E-5) of this Section | 25 | | shall
constitute a
conviction for the purpose
of this Article. | 26 | | A finding or adjudication as a sexually dangerous person
or a |
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| 1 | | sexually violent person under any federal law, Uniform Code of | 2 | | Military
Justice, or the law of another state or
foreign | 3 | | country that is substantially equivalent to the Sexually | 4 | | Dangerous
Persons Act or the Sexually Violent Persons | 5 | | Commitment Act shall constitute an
adjudication for the | 6 | | purposes of this Article.
| 7 | | (C-5) A person at least 17 years of age at the time of the | 8 | | commission of
the offense who is convicted of first degree | 9 | | murder under Section 9-1 of the
Criminal Code of 1961 or the | 10 | | Criminal Code of 2012, against a person
under 18 years of age, | 11 | | shall be required to register
for natural life.
A conviction | 12 | | for an offense of federal, Uniform Code of Military Justice,
| 13 | | sister state, or foreign country law that is substantially | 14 | | equivalent to any
offense listed in subsection (C-5) of this | 15 | | Section shall constitute a
conviction for the purpose of this | 16 | | Article. This subsection (C-5) applies to a person who | 17 | | committed the offense before June 1, 1996 if: (i) the person is | 18 | | incarcerated in an Illinois Department of Corrections facility | 19 | | on August 20, 2004 (the effective date of Public Act 93-977), | 20 | | or (ii) subparagraph (i) does not apply and the person is | 21 | | convicted of any felony after July 1, 2011, and paragraph (2.1) | 22 | | of subsection (c) of Section 3 of this Act applies.
| 23 | | (C-6) A person who is convicted or adjudicated delinquent | 24 | | of first degree murder as defined in Section 9-1 of the | 25 | | Criminal Code of 1961 or the Criminal Code of 2012, against a | 26 | | person 18 years of age or over, shall be required to register |
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| 1 | | for his or her natural life. A conviction for an offense of | 2 | | federal, Uniform Code of Military Justice, sister state, or | 3 | | foreign country law that is substantially equivalent to any | 4 | | offense listed in subsection (C-6) of this Section shall | 5 | | constitute a conviction for the purpose of this Article. This | 6 | | subsection (C-6) does not apply to those individuals released | 7 | | from incarceration more than 10 years prior to January 1, 2012 | 8 | | (the effective date of Public Act 97-154). | 9 | | (D) As used in this Article, "law enforcement agency having | 10 | | jurisdiction"
means the Chief of Police in each of the | 11 | | municipalities in which the sex offender
expects to reside, | 12 | | work, or attend school (1) upon his or her discharge,
parole or | 13 | | release or
(2) during the service of his or her sentence of | 14 | | probation or conditional
discharge, or the Sheriff of the | 15 | | county, in the event no Police Chief exists
or if the offender | 16 | | intends to reside, work, or attend school in an
unincorporated | 17 | | area.
"Law enforcement agency having jurisdiction" includes | 18 | | the location where
out-of-state students attend school and | 19 | | where out-of-state employees are
employed or are otherwise | 20 | | required to register.
| 21 | | (D-1) As used in this Article, "supervising officer" means | 22 | | the assigned Illinois Department of Corrections parole agent or | 23 | | county probation officer. | 24 | | (E) As used in this Article, "sexual predator" means any | 25 | | person who,
after July 1, 1999, is:
| 26 | | (1) Convicted for an offense of federal, Uniform Code |
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| 1 | | of Military
Justice, sister state, or foreign country law | 2 | | that is substantially equivalent
to any offense listed in | 3 | | subsection (E) or (E-5) of this Section shall constitute a
| 4 | | conviction for the purpose of this Article.
Convicted of a | 5 | | violation or attempted violation of any of the following
| 6 | | Sections of the
Criminal Code of 1961 or the Criminal Code | 7 | | of 2012:
| 8 | | 10-5.1 (luring of a minor),
| 9 | | 11-14.4 that involves keeping a place of juvenile | 10 | | prostitution, or 11-17.1 (keeping a place of juvenile | 11 | | prostitution),
| 12 | | subdivision (a)(2) or (a)(3) of Section 11-14.4, | 13 | | or Section 11-19.1 (juvenile pimping),
| 14 | | subdivision (a)(4) of Section 11-14.4, or Section | 15 | | 11-19.2 (exploitation of a child),
| 16 | | 11-20.1 (child pornography),
| 17 | | 11-20.1B or 11-20.3 (aggravated child | 18 | | pornography),
| 19 | | 11-1.20 or 12-13 (criminal sexual assault),
| 20 | | 11-1.30 or 12-14 (aggravated criminal sexual | 21 | | assault),
| 22 | | 11-1.40 or 12-14.1 (predatory criminal sexual | 23 | | assault of a child),
| 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 | | (2) (blank);
| 2 | | (3) declared as a sexually dangerous person pursuant to | 3 | | the Sexually
Dangerous Persons Act or any substantially | 4 | | similar federal, Uniform Code of
Military Justice, sister | 5 | | state, or
foreign country law;
| 6 | | (4) found to be a sexually violent person pursuant to | 7 | | the Sexually Violent
Persons Commitment Act or any | 8 | | substantially similar federal, Uniform Code of
Military | 9 | | Justice, sister state, or
foreign country law;
| 10 | | (5) convicted of a second or subsequent offense which | 11 | | requires
registration pursuant to this Act. For purposes of | 12 | | this paragraph
(5), "convicted" shall include a conviction | 13 | | under any
substantially similar
Illinois, federal, Uniform | 14 | | Code of Military Justice, sister state, or
foreign country | 15 | | law;
| 16 | | (6) (blank); or | 17 | | (7) if the person was convicted of an offense set forth | 18 | | in this subsection (E) on or before July 1, 1999, the | 19 | | person is a sexual predator for whom registration is | 20 | | required only when the person is convicted of a felony | 21 | | offense after July 1, 2011, and paragraph (2.1) of | 22 | | subsection (c) of Section 3 of this Act applies. | 23 | | (E-5) As used in this Article, "sexual predator" also means | 24 | | a person convicted of a violation or attempted violation of any | 25 | | of the following
Sections of the
Criminal Code of 1961 or the | 26 | | Criminal Code of 2012: |
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| 1 | | (1) Section 9-1 (first degree murder,
when the victim | 2 | | was a person under 18 years of age and the defendant was at | 3 | | least
17 years of age at the time of the commission of the | 4 | | offense, provided the offense was sexually motivated as | 5 | | defined in Section 10 of the Sex Offender Management Board | 6 | | Act); | 7 | | (2) Section 11-9.5 (sexual misconduct with a person | 8 | | with a disability); | 9 | | (3) when the victim is a person under 18 years of age, | 10 | | the
defendant is not a parent of the victim, the offense | 11 | | was sexually motivated as defined in Section 10 of the Sex | 12 | | Offender Management Board Act, and the offense was | 13 | | committed on or
after January 1, 1996: (A) Section 10-1 | 14 | | (kidnapping), (B) Section 10-2 (aggravated kidnapping), | 15 | | (C) Section 10-3 (unlawful restraint), and (D) Section | 16 | | 10-3.1 (aggravated unlawful restraint); and | 17 | | (4) Section 10-5(b)(10) (child abduction committed by | 18 | | luring or
attempting to lure a child under the age of 16 | 19 | | into a motor vehicle, building,
house trailer, or dwelling | 20 | | place without the consent of the parent or lawful
custodian | 21 | | of the child for other than a lawful purpose and the | 22 | | offense was
committed on or after January 1, 1998, provided | 23 | | the offense was sexually motivated as defined in Section 10 | 24 | | of the Sex Offender Management Board Act). | 25 | | (E-10) As used in this Article, "sexual predator" also | 26 | | means a person required to register in another State due to a |
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| 1 | | conviction, adjudication or other action of any court | 2 | | triggering an obligation to register as a sex offender, sexual | 3 | | predator, or substantially similar status under the laws of | 4 | | that State. | 5 | | (F) As used in this Article, "out-of-state student" means | 6 | | any sex
offender, as defined in this Section,
or sexual | 7 | | predator who is enrolled in Illinois, on a full-time or | 8 | | part-time
basis, in any public or private educational | 9 | | institution, including, but not
limited to, any secondary | 10 | | school, trade or professional institution, or
institution of | 11 | | higher learning.
| 12 | | (G) As used in this Article, "out-of-state employee" means | 13 | | any sex
offender, as defined in this Section,
or sexual | 14 | | predator who works in Illinois, regardless of whether the | 15 | | individual
receives payment for services performed, for a | 16 | | period of time of 10 or more days
or for an aggregate period of | 17 | | time of 30 or more days
during any calendar year.
Persons who | 18 | | operate motor vehicles in the State accrue one day of | 19 | | employment
time for any portion of a day spent in Illinois.
| 20 | | (H) As used in this Article, "school" means any public or | 21 | | private educational institution, including, but not limited | 22 | | to, any elementary or secondary school, trade or professional | 23 | | institution, or institution of higher education. | 24 | | (I) As used in this Article, "fixed residence" means any | 25 | | and all places that a sex offender resides for an aggregate | 26 | | period of time of 5 or more days in a calendar year.
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| 1 | | (J) As used in this Article, "Internet protocol address" | 2 | | means the string of numbers by which a location on the Internet | 3 | | is identified by routers or other computers connected to the | 4 | | Internet. | 5 | | (Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11; | 6 | | 96-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; | 7 | | 97-1073, eff. 1-1-13; 97-1098, eff. 1-1-13; 97-1109, eff. | 8 | | 1-1-13; 97-1150, eff. 1-25-13.)
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