Full Text of HB5278 97th General Assembly
HB5278 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5278 Introduced 2/8/2012, by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 1961. Provides that the statute of limitations for a prosecution for involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons for forced labor or services may be commenced within one year of the victim attaining the age of 18 years. Provides that in no case shall the time period for prosecution of those offenses expire sooner than 3 years after the commission of the offense. Includes in the offense of involuntary servitude using a scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform that labor or services, that person or another person would suffer serious harm or physical restraint. Amends the Code of Criminal Procedure of 1963. Provides that in prosecutions for involuntary servitude, involuntary sexual servitude of a minor, and trafficking in persons, when the offense involves sexual activity, the prior
sexual activity or the reputation of the alleged victim or corroborating
witness is inadmissible except under certain circumstances. Amends the Sex Offender Registration Act. Includes in the definition of "sex offense" trafficking in persons, involuntary servitude, and related offenses, provided the offense involved commercial sexual activity, a sexually-explicit performance, or the production of pornography. Also includes in the definition of "sex offense", involuntary sexual servitude of a minor.
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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 Criminal Code of 1961 is amended by changing | 5 | | Sections 3-6, 10-9, and 36.5-5 as follows:
| 6 | | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
| 7 | | Sec. 3-6. Extended limitations. The period within which a | 8 | | prosecution
must be commenced under the provisions of Section | 9 | | 3-5 or other applicable
statute is extended under the following | 10 | | conditions:
| 11 | | (a) A prosecution for theft involving a breach of a | 12 | | fiduciary obligation
to the aggrieved person may be commenced | 13 | | as follows:
| 14 | | (1) If the aggrieved person is a minor or a person | 15 | | under legal disability,
then during the minority or legal | 16 | | disability or within one year after the
termination | 17 | | thereof.
| 18 | | (2) In any other instance, within one year after the | 19 | | discovery of the
offense by an aggrieved person, or by a | 20 | | person who has legal capacity to
represent an aggrieved | 21 | | person or has a legal duty to report the offense,
and is | 22 | | not himself or herself a party to the offense; or in the | 23 | | absence of such
discovery, within one year after the proper |
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| 1 | | prosecuting officer becomes
aware of the offense. However, | 2 | | in no such case is the period of limitation
so extended | 3 | | more than 3 years beyond the expiration of the period | 4 | | otherwise
applicable.
| 5 | | (b) A prosecution for any offense based upon misconduct in | 6 | | office by a
public officer or employee may be commenced within | 7 | | one year after discovery
of the offense by a person having a | 8 | | legal duty to report such offense, or
in the absence of such | 9 | | discovery, within one year after the proper
prosecuting officer | 10 | | becomes aware of the offense. However, in no such case
is the | 11 | | period of limitation so extended more than 3 years beyond the
| 12 | | expiration of the period otherwise applicable.
| 13 | | (b-5) A prosecution for involuntary servitude, involuntary | 14 | | sexual servitude of a minor, or trafficking in persons for | 15 | | forced labor or services may be commenced within one year of | 16 | | the victim attaining the age of 18 years. However, in no such | 17 | | case shall the time period for prosecution expire sooner than 3 | 18 | | years after the commission of the offense. | 19 | | (c) (Blank).
| 20 | | (d) A prosecution for child pornography, aggravated child | 21 | | pornography, indecent
solicitation of a
child, soliciting for a | 22 | | juvenile prostitute, juvenile pimping,
exploitation of a | 23 | | child, or promoting juvenile prostitution except for keeping a | 24 | | place of juvenile prostitution may be commenced within one year | 25 | | of the victim
attaining the age of 18 years. However, in no | 26 | | such case shall the time
period for prosecution expire sooner |
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| 1 | | than 3 years after the commission of
the offense. When the | 2 | | victim is under 18 years of age, a prosecution for
criminal
| 3 | | sexual abuse may be commenced within
one year of the victim | 4 | | attaining the age of 18 years. However, in no such
case shall | 5 | | the time period for prosecution expire sooner than 3 years | 6 | | after
the commission of the offense.
| 7 | | (e) Except as otherwise provided in subdivision (j), a | 8 | | prosecution for
any offense involving sexual conduct or sexual
| 9 | | penetration, as defined in Section 11-0.1 of this Code, where | 10 | | the defendant
was within a professional or fiduciary | 11 | | relationship or a purported
professional or fiduciary | 12 | | relationship with the victim at the
time of the commission of | 13 | | the offense may be commenced within one year
after the | 14 | | discovery of the offense by the victim.
| 15 | | (f) A prosecution for any offense set forth in Section 44
| 16 | | of the "Environmental Protection Act", approved June 29, 1970, | 17 | | as amended,
may be commenced within 5 years after the discovery | 18 | | of such
an offense by a person or agency having the legal duty | 19 | | to report the
offense or in the absence of such discovery, | 20 | | within 5 years
after the proper prosecuting officer becomes | 21 | | aware of the offense.
| 22 | | (f-5) A prosecution for any offense set forth in Section | 23 | | 16-30 of this Code may be commenced within 5 years after the | 24 | | discovery of the offense by the victim of that offense.
| 25 | | (g) (Blank).
| 26 | | (h) (Blank).
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| 1 | | (i) Except as otherwise provided in subdivision (j), a | 2 | | prosecution for
criminal sexual assault, aggravated criminal
| 3 | | sexual assault, or aggravated criminal sexual abuse may be | 4 | | commenced within 10
years of the commission of the offense if | 5 | | the victim reported the offense to
law enforcement authorities | 6 | | within 3 years after the commission of the offense.
| 7 | | Nothing in this subdivision (i) shall be construed to
| 8 | | shorten a period within which a prosecution must be commenced | 9 | | under any other
provision of this Section.
| 10 | | (j) When the victim is under 18 years of age at the time of | 11 | | the offense, a
prosecution
for criminal sexual assault, | 12 | | aggravated criminal sexual assault, predatory
criminal sexual | 13 | | assault of a child, aggravated criminal sexual abuse, or felony | 14 | | criminal sexual abuse, or a
prosecution for failure of a person | 15 | | who is required to report an alleged
or suspected commission of | 16 | | any of these offenses under the Abused and Neglected
Child | 17 | | Reporting Act may be
commenced within 20 years after the child | 18 | | victim attains 18
years of age. When the victim is under 18 | 19 | | years of age at the time of the offense, a
prosecution
for | 20 | | misdemeanor criminal sexual abuse may be
commenced within 10 | 21 | | years after the child victim attains 18
years of age.
| 22 | | Nothing in this subdivision (j) shall be construed to
| 23 | | shorten a period within which a prosecution must be commenced | 24 | | under any other
provision of this Section.
| 25 | | (k) A prosecution for theft involving real property | 26 | | exceeding $100,000 in value under Section 16-1, identity theft |
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| 1 | | under subsection (a) of Section 16-30, aggravated identity | 2 | | theft under subsection (b) of Section 16-30, or any offense set | 3 | | forth in Article 16H or Section 17-10.6 may be commenced within | 4 | | 7 years of the last act committed in furtherance of the crime.
| 5 | | (Source: P.A. 96-233, eff. 1-1-10; 96-1551, Article 2, Section | 6 | | 1035, eff. 7-1-11; 96-1551, Article 10, Section 10-140, eff. | 7 | | 7-1-11; 97-597, eff. 1-1-12.) | 8 | | (720 ILCS 5/10-9) | 9 | | Sec. 10-9. Trafficking in persons, involuntary servitude, | 10 | | and related offenses. | 11 | | (a) Definitions. In this Section: | 12 | | (1) "Intimidation" has the meaning prescribed in | 13 | | Section 12-6. | 14 | | (2) "Commercial sexual activity" means any sex act on | 15 | | account of which anything of value is given, promised to, | 16 | | or received by any person.
| 17 | | (3) "Financial harm" includes intimidation that brings | 18 | | about financial loss, criminal usury, or employment | 19 | | contracts that violate the Frauds Act. | 20 | | (4) (Blank). "Forced labor or services" means labor or | 21 | | services that are performed or provided by another person | 22 | | and are obtained or maintained through: | 23 | | (A) any scheme, plan, or pattern intending to cause | 24 | | or threatening to cause serious harm to any person; | 25 | | (B) an actor's physically restraining or |
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| 1 | | threatening to physically restrain another person; | 2 | | (C) an actor's abusing or threatening to abuse the | 3 | | law or legal process; | 4 | | (D) an actor's knowingly destroying, concealing, | 5 | | removing, confiscating, or possessing any actual or | 6 | | purported passport or other immigration document, or | 7 | | any other actual or purported government | 8 | | identification document, of another person; | 9 | | (E) an actor's blackmail; or | 10 | | (F) an actor's causing or threatening to cause | 11 | | financial harm to or exerting financial control over | 12 | | any person.
| 13 | | (5) "Labor" means work of economic or financial value. | 14 | | (6) "Maintain" means, in relation to labor or services, | 15 | | to secure continued performance thereof, regardless of any | 16 | | initial agreement on the part of the victim to perform that | 17 | | type of service. | 18 | | (7) "Obtain" means, in relation to labor or services, | 19 | | to secure performance thereof. | 20 | | (7.5) "Serious harm" means any harm, whether physical | 21 | | or nonphysical, including psychological, financial, or | 22 | | reputational harm, that is sufficiently serious, under all | 23 | | the surrounding circumstances, to compel a reasonable | 24 | | person of the same background and in the same circumstances | 25 | | to perform or to continue performing labor or services in | 26 | | order to avoid incurring that harm. |
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| 1 | | (8) "Services" means activities resulting from a | 2 | | relationship between a person and the actor in which the | 3 | | person performs activities under the supervision of or for | 4 | | the benefit of the actor. Commercial sexual activity and | 5 | | sexually-explicit performances are forms of activities | 6 | | that are "services" under this Section. Nothing in this | 7 | | definition may be construed to legitimize or legalize | 8 | | prostitution. | 9 | | (9) "Sexually-explicit performance" means a live, | 10 | | recorded, broadcast (including over the Internet), or | 11 | | public act or show intended to arouse or satisfy the sexual | 12 | | desires or appeal to the prurient interests of patrons. | 13 | | (10) "Trafficking victim" means a person subjected to | 14 | | the practices set forth in subsection (b), (c), or (d). | 15 | | (b) Involuntary servitude. A person commits the offense of | 16 | | involuntary servitude when he or she knowingly subjects, | 17 | | attempts to subject, or engages in a conspiracy to subject | 18 | | another person to forced labor or services through any of the | 19 | | following means, or any combination of these means and : | 20 | | (1) causes or threatens to cause physical harm to any | 21 | | person; | 22 | | (2) physically restrains or threatens to physically | 23 | | restrain another person; | 24 | | (3) abuses or threatens to abuse the law or legal | 25 | | process; | 26 | | (4) knowingly destroys, conceals, removes, |
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| 1 | | confiscates, or possesses any actual or purported passport | 2 | | or other immigration document, or any other actual or | 3 | | purported government identification document, of another | 4 | | person; or | 5 | | (5) uses intimidation , or uses or threatens to cause | 6 | | financial harm to or exerts financial control over any | 7 | | person ; or . | 8 | | (6) uses a scheme, plan, or pattern intended to cause | 9 | | the person to believe that, if the person did not perform | 10 | | the labor or services, that person or another person would | 11 | | suffer serious harm or physical restraint. | 12 | | Sentence. Except as otherwise provided in subsection (e) or | 13 | | (f), a violation of subsection (b)(1) is a Class X felony, | 14 | | (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) | 15 | | is a Class 3 felony, and (b)(5) , and (b)(6) is a Class 4 | 16 | | felony. | 17 | | (c) Involuntary sexual servitude of a minor. A person | 18 | | commits the offense of involuntary sexual servitude of a minor | 19 | | when he or she knowingly recruits, entices, harbors, | 20 | | transports, provides, or obtains by any means, or attempts to | 21 | | recruit, entice, harbor, provide, or obtain by any means, | 22 | | another person under 18 years of age, knowing that the minor | 23 | | will engage in commercial sexual activity, a sexually-explicit | 24 | | performance, or the production of pornography, or causes or | 25 | | attempts to cause a minor to engage in one or more of those | 26 | | activities and: |
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| 1 | | (1) there is no overt force or threat and the minor is | 2 | | between the ages of 17 and 18 years; | 3 | | (2) there is no overt force or threat and the minor is | 4 | | under the age of 17 years; or | 5 | | (3) there is overt force or threat. | 6 | | Sentence. Except as otherwise provided in subsection (e) or | 7 | | (f), a violation of subsection (c)(1) is a Class 1 felony, | 8 | | (c)(2) is a Class X felony, and (c)(3) is a Class X felony. | 9 | | (d) Trafficking in persons for forced labor or services . A | 10 | | person commits the offense of trafficking in persons for forced | 11 | | labor or services when he or she knowingly: (1) recruits, | 12 | | entices, harbors, transports, provides, or obtains by any | 13 | | means, or attempts to recruit, entice, harbor, transport, | 14 | | provide, or obtain by any means, another person, intending or | 15 | | knowing that the person will be subjected to involuntary | 16 | | servitude forced labor or services ; or (2) benefits, | 17 | | financially or by receiving anything of value, from | 18 | | participation in a venture that has engaged in an act of | 19 | | involuntary servitude or involuntary sexual servitude of a | 20 | | minor. | 21 | | Sentence. Except as otherwise provided in subsection (e) or | 22 | | (f), a violation of this subsection is a Class 1 felony. | 23 | | (e) Aggravating factors. A violation of this Section | 24 | | involving kidnapping or an attempt to kidnap, aggravated | 25 | | criminal sexual assault or an attempt to commit aggravated | 26 | | criminal sexual assault, or an attempt to commit first degree |
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| 1 | | murder is a Class X felony. | 2 | | (f) Sentencing considerations. | 3 | | (1) Bodily injury. If, pursuant to a violation of this | 4 | | Section, a victim
suffered bodily injury, the defendant may | 5 | | be sentenced to an extended-term sentence under Section | 6 | | 5-8-2 of the Unified Code of Corrections. The sentencing | 7 | | court must take into account the time in which the victim | 8 | | was held in servitude, with increased penalties for cases | 9 | | in which the victim was held for between 180 days and one | 10 | | year, and increased penalties for cases in which the victim | 11 | | was held for more than one year. | 12 | | (2) Number of victims. In determining sentences within | 13 | | statutory maximums, the sentencing court should take into | 14 | | account the number of victims, and may provide for | 15 | | substantially increased sentences in cases involving more | 16 | | than 10 victims. | 17 | | (g) Restitution. Restitution is mandatory under this | 18 | | Section. In addition to any other amount of loss identified, | 19 | | the court shall order restitution including the greater of (1) | 20 | | the gross income or value to the defendant of the victim's | 21 | | labor or services or (2) the value of the victim's labor as | 22 | | guaranteed under the Minimum Wage Law and overtime provisions | 23 | | of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, | 24 | | whichever is greater. | 25 | | (h) Trafficking victim services. Subject to the | 26 | | availability of funds, the Department of Human Services may |
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| 1 | | provide or fund emergency services and assistance to | 2 | | individuals who are victims of one or more offenses defined in | 3 | | this Section.
| 4 | | (i) Certification. The Attorney General, a State's | 5 | | Attorney, or any law enforcement official shall certify in | 6 | | writing to the United States Department of Justice or other | 7 | | federal agency, such as the United States Department of | 8 | | Homeland Security, that an investigation or prosecution under | 9 | | this Section has begun and the individual who is a likely | 10 | | victim of a crime described in this Section is willing to | 11 | | cooperate or is cooperating with the investigation to enable | 12 | | the individual, if eligible under federal law, to qualify for | 13 | | an appropriate special immigrant visa and to access available | 14 | | federal benefits. Cooperation with law enforcement shall not be | 15 | | required of victims of a crime described in this Section who | 16 | | are under 18 years of age. This certification shall be made | 17 | | available to the victim and his or her designated legal | 18 | | representative. | 19 | | (j) A person who commits the offense of involuntary | 20 | | servitude, involuntary sexual servitude of a minor, or | 21 | | trafficking in persons for forced labor or services under | 22 | | subsection (b), (c), or (d) of this Section is subject to the | 23 | | property forfeiture provisions set forth in Article 124B of the | 24 | | Code of Criminal Procedure of 1963.
| 25 | | (Source: P.A. 96-710, eff. 1-1-10; incorporates 96-712, eff. | 26 | | 1-1-10; 96-1000, eff. 7-2-10.) |
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| 1 | | (720 ILCS 5/36.5-5) | 2 | | Sec. 36.5-5. Vehicle impoundment. | 3 | | (a) In addition to any other penalty , fee, or forfeiture | 4 | | provided by law, a peace officer who arrests a person for a | 5 | | violation of Section 10-9, 11-14 10-14 , 11-14.1, 11-14.3, | 6 | | 11-14.4, 11-18, or 11-18.1 of this Code, or related municipal | 7 | | ordinance, may tow and impound any vehicle used by the person | 8 | | in the commission of the violation offense . The person arrested | 9 | | for one or more such violations shall be charged a $1,000 fee, | 10 | | to be paid to the law enforcement agency unit of government | 11 | | that made the arrest , or its designated representative . The | 12 | | person may recover the vehicle from the impound after a minimum | 13 | | of 2 hours after arrest upon payment of the fee. | 14 | | (b) $500 of the fee shall be distributed to the law | 15 | | enforcement agency unit of government whose peace officers made | 16 | | the arrest, for the costs incurred by the law enforcement | 17 | | agency unit of government to investigate and to tow and impound | 18 | | the vehicle. Upon the defendant's conviction of one or more of | 19 | | the violations offenses in connection with which the vehicle | 20 | | was impounded and the fee imposed under this Section, the | 21 | | remaining $500 of the fee shall be deposited into the DHS State | 22 | | Projects Violent Crime Victims Assistance Fund and shall be | 23 | | used by the Department of Human Services to make grants to | 24 | | non-governmental organizations to provide services for persons | 25 | | encountered during the course of an investigation into any |
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| 1 | | violation of Section 10-9, 11-14, 11-14.1, 11-14.3, 11-14.4, | 2 | | 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, | 3 | | 11-19.1, or 11-19.2 of this Code, provided such persons | 4 | | constitute prostituted persons or other victims of human | 5 | | trafficking. | 6 | | (c) Upon the presentation by the defendant of a signed | 7 | | court order showing that the defendant has been acquitted of | 8 | | all of the violations offenses in connection with which a | 9 | | vehicle was impounded and a fee imposed under this Section, or | 10 | | that the charges against the defendant for those violations | 11 | | offenses have been dismissed, the law enforcement agency unit | 12 | | of government shall refund the $1,000 fee to the defendant.
| 13 | | (Source: P.A. 96-1551, eff. 7-1-11; incorporates 96-1503, eff. | 14 | | 1-27-11, and 97-333, eff. 8-12-11; revised 9-14-11.) | 15 | | Section 10. The Code of Criminal Procedure of 1963 is | 16 | | amended by changing Section 115-7 as follows:
| 17 | | (725 ILCS 5/115-7) (from Ch. 38, par. 115-7)
| 18 | | Sec. 115-7. a. In prosecutions for predatory criminal | 19 | | sexual assault of a
child, aggravated criminal sexual assault,
| 20 | | criminal sexual assault, aggravated criminal sexual abuse,
| 21 | | criminal sexual abuse, or criminal transmission of HIV; in | 22 | | prosecutions for involuntary servitude, involuntary sexual | 23 | | servitude of a minor, and trafficking in persons, when the | 24 | | offense involves sexual activity and in
prosecutions for |
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| 1 | | battery and aggravated battery, when the commission of the
| 2 | | offense involves sexual penetration or sexual conduct as | 3 | | defined in Section
11-0.1 of the Criminal Code of 1961; and | 4 | | with the trial or retrial of the
offenses formerly known as | 5 | | rape, deviate sexual assault, indecent liberties
with a child, | 6 | | and aggravated indecent liberties with a child, the prior
| 7 | | sexual activity or the reputation of the alleged victim or | 8 | | corroborating
witness under Section 115-7.3 of this Code is | 9 | | inadmissible except
(1) as evidence
concerning the past sexual | 10 | | conduct of the alleged victim or corroborating
witness under | 11 | | Section 115-7.3 of this Code with the accused
when
this | 12 | | evidence is offered by the accused upon the issue of whether | 13 | | the alleged
victim or corroborating witness under Section | 14 | | 115-7.3 of this Code
consented to the sexual conduct with | 15 | | respect to which the offense is
alleged; or (2) when | 16 | | constitutionally required to be admitted.
| 17 | | b. No evidence admissible under this Section shall be | 18 | | introduced unless
ruled admissible by the trial judge after an | 19 | | offer of proof has been made
at a hearing to be held in camera | 20 | | in order to determine whether the defense
has evidence to | 21 | | impeach the witness in the event that prior sexual activity
| 22 | | with the defendant is denied. Such offer of proof shall include
| 23 | | reasonably specific information as to the date, time and place | 24 | | of the past
sexual conduct
between the alleged victim or | 25 | | corroborating witness under Section 115-7.3 of
this Code and | 26 | | the defendant. Unless the court finds
that reasonably specific |
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| 1 | | information as to date, time or place, or some
combination | 2 | | thereof, has been offered as to prior sexual activity with
the | 3 | | defendant, counsel for the defendant shall be ordered
to | 4 | | refrain from inquiring into prior sexual activity between the | 5 | | alleged
victim or corroborating witness under Section 115-7.3 | 6 | | of this Code and the
defendant.
The court shall not admit | 7 | | evidence under this Section unless it determines at
the hearing | 8 | | that the evidence is relevant and the probative value of the
| 9 | | evidence outweighs the danger of unfair prejudice. The evidence | 10 | | shall be
admissible at trial to the extent an order made by the | 11 | | court specifies the
evidence that may be admitted and areas | 12 | | with respect to which the alleged
victim or corroborating | 13 | | witness under Section 115-7.3 of this Code may be
examined or | 14 | | cross examined.
| 15 | | (Source: P.A. 96-1551, eff. 7-1-11 .)
| 16 | | Section 15. The Sex Offender Registration Act is amended by | 17 | | changing Section 2 as follows:
| 18 | | (730 ILCS 150/2) (from Ch. 38, par. 222)
| 19 | | Sec. 2. Definitions.
| 20 | | (A) As used in this Article, "sex offender" means any | 21 | | person who is:
| 22 | | (1) charged pursuant to Illinois law, or any | 23 | | substantially similar
federal, Uniform Code of Military | 24 | | Justice, sister state, or foreign country
law,
with a sex |
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| 1 | | offense set forth
in subsection (B) of this Section or the | 2 | | attempt to commit an included sex
offense, and:
| 3 | | (a) is convicted of such offense or an attempt to | 4 | | commit such offense;
or
| 5 | | (b) is found not guilty by reason of insanity of | 6 | | such offense or an
attempt to commit such offense; or
| 7 | | (c) is found not guilty by reason of insanity | 8 | | pursuant to Section
104-25(c) of the Code of Criminal | 9 | | Procedure of 1963 of such offense or an
attempt to | 10 | | commit such offense; or
| 11 | | (d) is the subject of a finding not resulting in an | 12 | | acquittal at a
hearing conducted pursuant to Section | 13 | | 104-25(a) of the Code of Criminal
Procedure of 1963 for | 14 | | the alleged commission or attempted commission of such
| 15 | | offense; or
| 16 | | (e) is found not guilty by reason of insanity | 17 | | following a hearing
conducted pursuant to a federal, | 18 | | Uniform Code of Military Justice, sister
state, or | 19 | | foreign country law
substantially similar to Section | 20 | | 104-25(c) of the Code of Criminal Procedure
of 1963 of | 21 | | such offense or of the attempted commission of such | 22 | | offense; or
| 23 | | (f) is the subject of a finding not resulting in an | 24 | | acquittal at a
hearing conducted pursuant to a federal, | 25 | | Uniform Code of Military Justice,
sister state, or | 26 | | foreign country law
substantially similar to Section |
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| 1 | | 104-25(a) of the Code of Criminal Procedure
of 1963 for | 2 | | the alleged violation or attempted commission of such | 3 | | offense;
or
| 4 | | (2) certified as a sexually dangerous person pursuant | 5 | | to the Illinois
Sexually Dangerous Persons Act, or any | 6 | | substantially similar federal, Uniform
Code of Military | 7 | | Justice, sister
state, or foreign country law; or
| 8 | | (3) subject to the provisions of Section 2 of the | 9 | | Interstate
Agreements on Sexually Dangerous Persons Act; | 10 | | or
| 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; or
| 15 | | (5) adjudicated a juvenile delinquent as the result of | 16 | | committing or
attempting to commit an act which, if | 17 | | committed by an adult, would constitute
any of the offenses | 18 | | specified in item (B), (C), or (C-5) of this Section or a
| 19 | | violation of any substantially similar federal, Uniform | 20 | | Code of Military
Justice, sister state, or foreign
country | 21 | | law, or found guilty under Article V of the Juvenile Court | 22 | | Act of 1987
of committing or attempting to commit an act | 23 | | which, if committed by an adult,
would constitute any of | 24 | | the offenses specified in item (B), (C), or (C-5) of
this | 25 | | Section or a violation of any substantially similar | 26 | | federal, Uniform Code
of Military Justice, sister state,
or |
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| 1 | | foreign country law.
| 2 | | Convictions that result from or are connected with the same | 3 | | act, or result
from offenses committed at the same time, shall | 4 | | be counted for the purpose of
this Article as one conviction. | 5 | | Any conviction set aside pursuant to law is
not a conviction | 6 | | for purposes of this Article.
| 7 | |
For purposes of this Section, "convicted" shall have the | 8 | | same meaning as
"adjudicated".
| 9 | | (B) As used in this Article, "sex offense" means:
| 10 | | (1) A violation of any of the following Sections of the | 11 | | Criminal Code of
1961:
| 12 | | subsection (c) of Section 10-9 (involuntary sexual | 13 | | servitude of a minor),
| 14 | | 11-20.1 (child pornography),
| 15 | | 11-20.1B or 11-20.3 (aggravated child | 16 | | pornography),
| 17 | | 11-6 (indecent solicitation of a child),
| 18 | | 11-9.1 (sexual exploitation of a child),
| 19 | | 11-9.2 (custodial sexual misconduct),
| 20 | | 11-9.5 (sexual misconduct with a person with a | 21 | | disability), | 22 | | 11-14.4 (promoting juvenile prostitution),
| 23 | | 11-15.1 (soliciting for a juvenile prostitute),
| 24 | | 11-18.1 (patronizing a juvenile prostitute),
| 25 | | 11-17.1 (keeping a place of juvenile | 26 | | prostitution),
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| 1 | | 11-19.1 (juvenile pimping),
| 2 | | 11-19.2 (exploitation of a child),
| 3 | | 11-25 (grooming), | 4 | | 11-26 (traveling to meet a minor),
| 5 | | 11-1.20 or 12-13 (criminal sexual assault),
| 6 | | 11-1.30 or 12-14 (aggravated criminal sexual | 7 | | assault),
| 8 | | 11-1.40 or 12-14.1 (predatory criminal sexual | 9 | | assault of a child),
| 10 | | 11-1.50 or 12-15 (criminal sexual abuse),
| 11 | | 11-1.60 or 12-16 (aggravated criminal sexual | 12 | | abuse),
| 13 | | 12-33 (ritualized abuse of a child).
| 14 | | An attempt to commit any of these offenses.
| 15 | | (1.5)
A violation of any of the following Sections of | 16 | | the
Criminal Code of 1961, when the victim is a person | 17 | | under 18 years of age, the
defendant is not a parent of the | 18 | | victim, the offense was sexually motivated as defined in | 19 | | Section 10 of the Sex Offender Management Board Act, and | 20 | | the offense was committed on or
after January 1, 1996:
| 21 | | 10-1 (kidnapping),
| 22 | | 10-2 (aggravated kidnapping),
| 23 | | 10-3 (unlawful restraint),
| 24 | | 10-3.1 (aggravated unlawful restraint).
| 25 | | If the offense was committed before January 1, 1996, it | 26 | | is a sex offense requiring registration only when the |
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| 1 | | person is convicted of any felony after July 1, 2011, and | 2 | | paragraph (2.1) of subsection (c) of Section 3 of this Act | 3 | | applies.
| 4 | | (1.6)
First degree murder under Section 9-1 of the | 5 | | Criminal Code of 1961,
provided the offense was sexually | 6 | | motivated as defined in Section 10 of the Sex Offender | 7 | | Management Board Act.
| 8 | | (1.6-5) A violation of any offense under Section 10-9 | 9 | | of the Criminal Code of 1961 (trafficking in persons, | 10 | | involuntary servitude, and related offenses), provided the | 11 | | offense involved commercial sexual activity, a | 12 | | sexually-explicit performance, or the production of | 13 | | pornography.
| 14 | | (1.7) (Blank).
| 15 | | (1.8) A violation or attempted violation of Section | 16 | | 11-11 (sexual
relations within families) of the Criminal | 17 | | Code of 1961, and the offense was committed on or after
| 18 | | June 1, 1997. If the offense was committed before June 1, | 19 | | 1997, it is a sex offense requiring registration only when | 20 | | the person is convicted of any felony after July 1, 2011, | 21 | | and paragraph (2.1) of subsection (c) of Section 3 of this | 22 | | Act applies.
| 23 | | (1.9) Child abduction under paragraph (10) of | 24 | | subsection
(b) of Section 10-5 of the Criminal Code of 1961 | 25 | | committed by luring or
attempting to lure a child under the | 26 | | age of 16 into a motor vehicle, building,
house trailer, or |
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| 1 | | dwelling place without the consent of the parent or lawful
| 2 | | custodian of the child for other than a lawful purpose and | 3 | | the offense was
committed on or after January 1, 1998, | 4 | | provided the offense was sexually motivated as defined in | 5 | | Section 10 of the Sex Offender Management Board Act. If the | 6 | | offense was committed before January 1, 1998, it is a sex | 7 | | offense requiring registration only when the person is | 8 | | convicted of any felony after July 1, 2011, and paragraph | 9 | | (2.1) of subsection (c) of Section 3 of this Act applies.
| 10 | | (1.10) A violation or attempted violation of any of the | 11 | | following Sections
of the Criminal Code of 1961 when the | 12 | | offense was committed on or after July
1, 1999:
| 13 | | 10-4 (forcible detention, if the victim is under 18 | 14 | | years of age), provided the offense was sexually | 15 | | motivated as defined in Section 10 of the Sex Offender | 16 | | Management Board Act,
| 17 | | 11-6.5 (indecent solicitation of an adult),
| 18 | | 11-14.3 that involves soliciting for a prostitute, | 19 | | or 11-15 (soliciting for a prostitute, if the victim is | 20 | | under 18 years
of age),
| 21 | | subdivision (a)(2)(A) or (a)(2)(B) of Section | 22 | | 11-14.3, or Section 11-16 (pandering, if the victim is | 23 | | under 18 years of age),
| 24 | | 11-18 (patronizing a prostitute, if the victim is | 25 | | under 18 years
of age),
| 26 | | subdivision (a)(2)(C) of Section 11-14.3, or |
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| 1 | | Section 11-19 (pimping, if the victim is under 18 years | 2 | | of age).
| 3 | | If the offense was committed before July 1, 1999, it is | 4 | | a sex offense requiring registration only when the person | 5 | | 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 | | (1.11) 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 August 22, 2002:
| 11 | | 11-9 or 11-30 (public indecency for a third or | 12 | | subsequent conviction). | 13 | | If the third or subsequent conviction was imposed | 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 | | (1.12) A violation or attempted violation of Section
| 19 | | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the | 20 | | Criminal Code of 1961 (permitting sexual abuse) when the
| 21 | | offense was committed on or after August 22, 2002. If the | 22 | | offense was committed before August 22, 2002, it is a sex | 23 | | offense requiring registration only when the person is | 24 | | convicted of any felony after July 1, 2011, and paragraph | 25 | | (2.1) of subsection (c) of Section 3 of this Act applies.
| 26 | | (2) A violation of any former law of this State |
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| 1 | | substantially equivalent
to any offense listed in | 2 | | subsection (B) of this Section.
| 3 | | (C) A conviction for an offense of federal law, Uniform | 4 | | Code of Military
Justice, or the law of another state
or a | 5 | | foreign country that is substantially equivalent to any offense | 6 | | listed
in subsections (B), (C), (E), and (E-5) of this Section | 7 | | shall
constitute a
conviction for the purpose
of this Article. | 8 | | A finding or adjudication as a sexually dangerous person
or a | 9 | | sexually violent person under any federal law, Uniform Code of | 10 | | Military
Justice, or the law of another state or
foreign | 11 | | country that is substantially equivalent to the Sexually | 12 | | Dangerous
Persons Act or the Sexually Violent Persons | 13 | | Commitment Act shall constitute an
adjudication for the | 14 | | purposes of this Article.
| 15 | | (C-5) A person at least 17 years of age at the time of the | 16 | | commission of
the offense who is convicted of first degree | 17 | | murder under Section 9-1 of the
Criminal Code of 1961, against | 18 | | a person
under 18 years of age, shall be required to register
| 19 | | for natural life.
A conviction for an offense of federal, | 20 | | Uniform Code of Military Justice,
sister state, or foreign | 21 | | country law that is substantially equivalent to any
offense | 22 | | listed in subsection (C-5) of this Section shall constitute a
| 23 | | conviction for the purpose of this Article. This subsection | 24 | | (C-5) applies to a person who committed the offense before June | 25 | | 1, 1996 if: (i) the person is incarcerated in an Illinois | 26 | | Department of Corrections facility on August 20, 2004 (the |
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| 1 | | effective date of Public Act 93-977), or (ii) subparagraph (i) | 2 | | does not apply and the person is convicted of any felony after | 3 | | July 1, 2011, and paragraph (2.1) of subsection (c) of Section | 4 | | 3 of this Act applies.
| 5 | | (C-6) A person who is convicted or adjudicated delinquent | 6 | | of first degree murder as defined in Section 9-1 of the | 7 | | Criminal Code of 1961, against a person 18 years of age or | 8 | | over, shall be required to register for his or her natural | 9 | | life. A conviction for an offense of federal, Uniform Code of | 10 | | Military Justice, sister state, or foreign country law that is | 11 | | substantially equivalent to any offense listed in subsection | 12 | | (C-6) of this Section shall constitute a conviction for the | 13 | | purpose of this Article. This subsection (C-6) does not apply | 14 | | to those individuals released from incarceration more than 10 | 15 | | years prior to January 1, 2012 ( the effective date of Public | 16 | | Act 97-154) this amendatory Act of the 97th General Assembly . | 17 | | (D) As used in this Article, "law enforcement agency having | 18 | | jurisdiction"
means the Chief of Police in each of the | 19 | | municipalities in which the sex offender
expects to reside, | 20 | | work, or attend school (1) upon his or her discharge,
parole or | 21 | | release or
(2) during the service of his or her sentence of | 22 | | probation or conditional
discharge, or the Sheriff of the | 23 | | county, in the event no Police Chief exists
or if the offender | 24 | | intends to reside, work, or attend school in an
unincorporated | 25 | | area.
"Law enforcement agency having jurisdiction" includes | 26 | | the location where
out-of-state students attend school and |
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| 1 | | where out-of-state employees are
employed or are otherwise | 2 | | required to register.
| 3 | | (D-1) As used in this Article, "supervising officer" means | 4 | | the assigned Illinois Department of Corrections parole agent or | 5 | | county probation officer. | 6 | | (E) As used in this Article, "sexual predator" means any | 7 | | person who,
after July 1, 1999, is:
| 8 | | (1) Convicted for an offense of federal, Uniform Code | 9 | | of Military
Justice, sister state, or foreign country law | 10 | | that is substantially equivalent
to any offense listed in | 11 | | subsection (E) or (E-5) of this Section shall constitute a
| 12 | | conviction for the purpose of this Article.
Convicted of a | 13 | | violation or attempted violation of any of the following
| 14 | | Sections of the
Criminal Code of 1961:
| 15 | | 11-14.4 that involves keeping a place of juvenile | 16 | | prostitution, or 11-17.1 (keeping a place of juvenile | 17 | | prostitution),
| 18 | | subdivision (a)(2) or (a)(3) of Section 11-14.4, | 19 | | or Section 11-19.1 (juvenile pimping),
| 20 | | subdivision (a)(4) of Section 11-14.4, or Section | 21 | | 11-19.2 (exploitation of a child),
| 22 | | 11-20.1 (child pornography),
| 23 | | 11-20.1B or 11-20.3 (aggravated child | 24 | | pornography),
| 25 | | 11-1.20 or 12-13 (criminal sexual assault),
| 26 | | 11-1.30 or 12-14 (aggravated criminal sexual |
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| 1 | | assault),
| 2 | | 11-1.40 or 12-14.1 (predatory criminal sexual | 3 | | assault of a child),
| 4 | | 11-1.60 or 12-16 (aggravated criminal sexual | 5 | | abuse),
| 6 | | 12-33 (ritualized abuse of a child);
| 7 | | (2) (blank);
| 8 | | (3) certified as a sexually dangerous person pursuant | 9 | | to the Sexually
Dangerous Persons Act or any substantially | 10 | | similar federal, Uniform Code of
Military Justice, sister | 11 | | state, or
foreign country law;
| 12 | | (4) found to be a sexually violent person pursuant to | 13 | | the Sexually Violent
Persons Commitment Act or any | 14 | | substantially similar federal, Uniform Code of
Military | 15 | | Justice, sister state, or
foreign country law;
| 16 | | (5) convicted of a second or subsequent offense which | 17 | | requires
registration pursuant to this Act. For purposes of | 18 | | this paragraph
(5), "convicted" shall include a conviction | 19 | | under any
substantially similar
Illinois, federal, Uniform | 20 | | Code of Military Justice, sister state, or
foreign country | 21 | | law;
| 22 | | (6) convicted of a second or subsequent offense of | 23 | | luring a minor under Section 10-5.1 of the Criminal Code of | 24 | | 1961; or | 25 | | (7) if the person was convicted of an offense set forth | 26 | | in this subsection (E) on or before July 1, 1999, the |
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| 1 | | person is a sexual predator for whom registration is | 2 | | required only when the person is convicted of a felony | 3 | | offense after July 1, 2011, and paragraph (2.1) of | 4 | | subsection (c) of Section 3 of this Act applies. | 5 | | (E-5) As used in this Article, "sexual predator" also means | 6 | | a person convicted of a violation or attempted violation of any | 7 | | of the following
Sections of the
Criminal Code of 1961: | 8 | | (1) Section 9-1 (first degree murder,
when the victim | 9 | | was a person under 18 years of age and the defendant was at | 10 | | least
17 years of age at the time of the commission of the | 11 | | offense, provided the offense was sexually motivated as | 12 | | defined in Section 10 of the Sex Offender Management Board | 13 | | Act); | 14 | | (2) Section 11-9.5 (sexual misconduct with a person | 15 | | with a disability); | 16 | | (3) when the victim is a person under 18 years of age, | 17 | | the
defendant is not a parent of the victim, the offense | 18 | | was sexually motivated as defined in Section 10 of the Sex | 19 | | Offender Management Board Act, and the offense was | 20 | | committed on or
after January 1, 1996: (A) Section 10-1 | 21 | | (kidnapping), (B) Section 10-2 (aggravated kidnapping), | 22 | | (C) Section 10-3 (unlawful restraint), and (D) Section | 23 | | 10-3.1 (aggravated unlawful restraint); and | 24 | | (4) Section 10-5(b)(10) (child abduction committed by | 25 | | luring or
attempting to lure a child under the age of 16 | 26 | | into a motor vehicle, building,
house trailer, or dwelling |
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| 1 | | place without the consent of the parent or lawful
custodian | 2 | | of the child for other than a lawful purpose and the | 3 | | offense was
committed on or after January 1, 1998, provided | 4 | | the offense was sexually motivated as defined in Section 10 | 5 | | of the Sex Offender Management Board Act). | 6 | | (E-10) As used in this Article, "sexual predator" also | 7 | | means a person required to register in another State due to a | 8 | | conviction, adjudication or other action of any court | 9 | | triggering an obligation to register as a sex offender, sexual | 10 | | predator, or substantially similar status under the laws of | 11 | | that State. | 12 | | (F) As used in this Article, "out-of-state student" means | 13 | | any sex
offender, as defined in this Section,
or sexual | 14 | | predator who is enrolled in Illinois, on a full-time or | 15 | | part-time
basis, in any public or private educational | 16 | | institution, including, but not
limited to, any secondary | 17 | | school, trade or professional institution, or
institution of | 18 | | higher learning.
| 19 | | (G) As used in this Article, "out-of-state employee" means | 20 | | any sex
offender, as defined in this Section,
or sexual | 21 | | predator who works in Illinois, regardless of whether the | 22 | | individual
receives payment for services performed, for a | 23 | | period of time of 10 or more days
or for an aggregate period of | 24 | | time of 30 or more days
during any calendar year.
Persons who | 25 | | operate motor vehicles in the State accrue one day of | 26 | | employment
time for any portion of a day spent in Illinois.
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| 1 | | (H) As used in this Article, "school" means any public or | 2 | | private educational institution, including, but not limited | 3 | | to, any elementary or secondary school, trade or professional | 4 | | institution, or institution of higher education. | 5 | | (I) As used in this Article, "fixed residence" means any | 6 | | and all places that a sex offender resides for an aggregate | 7 | | period of time of 5 or more days in a calendar year.
| 8 | | (J) As used in this Article, "Internet protocol address" | 9 | | means the string of numbers by which a location on the Internet | 10 | | is identified by routers or other computers connected to the | 11 | | Internet. | 12 | | (Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11; | 13 | | 96-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; | 14 | | revised 9-27-11.)
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 720 ILCS 5/3-6 | from Ch. 38, par. 3-6 | | 4 | | 720 ILCS 5/10-9 | | | 5 | | 720 ILCS 5/36.5-5 | | | 6 | | 725 ILCS 5/115-7 | from Ch. 38, par. 115-7 | | 7 | | 730 ILCS 150/2 | from Ch. 38, par. 222 |
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