Illinois General Assembly - Full Text of HB5278
Illinois General Assembly

Previous General Assemblies

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:
 
See Index

    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.


LRB097 18978 RLC 64217 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5278LRB097 18978 RLC 64217 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Sections 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
8prosecution must be commenced under the provisions of Section
93-5 or other applicable statute is extended under the following
10conditions:
11    (a) A prosecution for theft involving a breach of a
12fiduciary obligation to the aggrieved person may be commenced
13as 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

 

 

HB5278- 2 -LRB097 18978 RLC 64217 b

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
6office by a public officer or employee may be commenced within
7one year after discovery of the offense by a person having a
8legal duty to report such offense, or in the absence of such
9discovery, within one year after the proper prosecuting officer
10becomes aware of the offense. However, in no such case is the
11period of limitation so extended more than 3 years beyond the
12expiration of the period otherwise applicable.
13    (b-5) A prosecution for involuntary servitude, involuntary
14sexual servitude of a minor, or trafficking in persons for
15forced labor or services may be commenced within one year of
16the victim attaining the age of 18 years. However, in no such
17case shall the time period for prosecution expire sooner than 3
18years after the commission of the offense.
19    (c) (Blank).
20    (d) A prosecution for child pornography, aggravated child
21pornography, indecent solicitation of a child, soliciting for a
22juvenile prostitute, juvenile pimping, exploitation of a
23child, or promoting juvenile prostitution except for keeping a
24place of juvenile prostitution may be commenced within one year
25of the victim attaining the age of 18 years. However, in no
26such case shall the time period for prosecution expire sooner

 

 

HB5278- 3 -LRB097 18978 RLC 64217 b

1than 3 years after the commission of the offense. When the
2victim is under 18 years of age, a prosecution for criminal
3sexual abuse may be commenced within one year of the victim
4attaining the age of 18 years. However, in no such case shall
5the time period for prosecution expire sooner than 3 years
6after the commission of the offense.
7    (e) Except as otherwise provided in subdivision (j), a
8prosecution for any offense involving sexual conduct or sexual
9penetration, as defined in Section 11-0.1 of this Code, where
10the defendant was within a professional or fiduciary
11relationship or a purported professional or fiduciary
12relationship with the victim at the time of the commission of
13the offense may be commenced within one year after the
14discovery of the offense by the victim.
15    (f) A prosecution for any offense set forth in Section 44
16of the "Environmental Protection Act", approved June 29, 1970,
17as amended, may be commenced within 5 years after the discovery
18of such an offense by a person or agency having the legal duty
19to report the offense or in the absence of such discovery,
20within 5 years after the proper prosecuting officer becomes
21aware of the offense.
22    (f-5) A prosecution for any offense set forth in Section
2316-30 of this Code may be commenced within 5 years after the
24discovery of the offense by the victim of that offense.
25    (g) (Blank).
26    (h) (Blank).

 

 

HB5278- 4 -LRB097 18978 RLC 64217 b

1    (i) Except as otherwise provided in subdivision (j), a
2prosecution for criminal sexual assault, aggravated criminal
3sexual assault, or aggravated criminal sexual abuse may be
4commenced within 10 years of the commission of the offense if
5the victim reported the offense to law enforcement authorities
6within 3 years after the commission of the offense.
7    Nothing in this subdivision (i) shall be construed to
8shorten a period within which a prosecution must be commenced
9under any other provision of this Section.
10    (j) When the victim is under 18 years of age at the time of
11the offense, a prosecution for criminal sexual assault,
12aggravated criminal sexual assault, predatory criminal sexual
13assault of a child, aggravated criminal sexual abuse, or felony
14criminal sexual abuse, or a prosecution for failure of a person
15who is required to report an alleged or suspected commission of
16any of these offenses under the Abused and Neglected Child
17Reporting Act may be commenced within 20 years after the child
18victim attains 18 years of age. When the victim is under 18
19years of age at the time of the offense, a prosecution for
20misdemeanor criminal sexual abuse may be commenced within 10
21years after the child victim attains 18 years of age.
22    Nothing in this subdivision (j) shall be construed to
23shorten a period within which a prosecution must be commenced
24under any other provision of this Section.
25    (k) A prosecution for theft involving real property
26exceeding $100,000 in value under Section 16-1, identity theft

 

 

HB5278- 5 -LRB097 18978 RLC 64217 b

1under subsection (a) of Section 16-30, aggravated identity
2theft under subsection (b) of Section 16-30, or any offense set
3forth in Article 16H or Section 17-10.6 may be commenced within
47 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
61035, eff. 7-1-11; 96-1551, Article 10, Section 10-140, eff.
77-1-11; 97-597, eff. 1-1-12.)
 
8    (720 ILCS 5/10-9)
9    Sec. 10-9. Trafficking in persons, involuntary servitude,
10and 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

 

 

HB5278- 6 -LRB097 18978 RLC 64217 b

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.

 

 

HB5278- 7 -LRB097 18978 RLC 64217 b

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
16involuntary servitude when he or she knowingly subjects,
17attempts to subject, or engages in a conspiracy to subject
18another person to forced labor or services through any of the
19following 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,

 

 

HB5278- 8 -LRB097 18978 RLC 64217 b

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)
15is a Class 3 felony, and (b)(5), and (b)(6) is a Class 4
16felony.
17    (c) Involuntary sexual servitude of a minor. A person
18commits the offense of involuntary sexual servitude of a minor
19when he or she knowingly recruits, entices, harbors,
20transports, provides, or obtains by any means, or attempts to
21recruit, entice, harbor, provide, or obtain by any means,
22another person under 18 years of age, knowing that the minor
23will engage in commercial sexual activity, a sexually-explicit
24performance, or the production of pornography, or causes or
25attempts to cause a minor to engage in one or more of those
26activities and:

 

 

HB5278- 9 -LRB097 18978 RLC 64217 b

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
10person commits the offense of trafficking in persons for forced
11labor or services when he or she knowingly: (1) recruits,
12entices, harbors, transports, provides, or obtains by any
13means, or attempts to recruit, entice, harbor, transport,
14provide, or obtain by any means, another person, intending or
15knowing that the person will be subjected to involuntary
16servitude forced labor or services; or (2) benefits,
17financially or by receiving anything of value, from
18participation in a venture that has engaged in an act of
19involuntary servitude or involuntary sexual servitude of a
20minor.
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
24involving kidnapping or an attempt to kidnap, aggravated
25criminal sexual assault or an attempt to commit aggravated
26criminal sexual assault, or an attempt to commit first degree

 

 

HB5278- 10 -LRB097 18978 RLC 64217 b

1murder 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
18Section. In addition to any other amount of loss identified,
19the court shall order restitution including the greater of (1)
20the gross income or value to the defendant of the victim's
21labor or services or (2) the value of the victim's labor as
22guaranteed under the Minimum Wage Law and overtime provisions
23of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
24whichever is greater.
25    (h) Trafficking victim services. Subject to the
26availability of funds, the Department of Human Services may

 

 

HB5278- 11 -LRB097 18978 RLC 64217 b

1provide or fund emergency services and assistance to
2individuals who are victims of one or more offenses defined in
3this Section.
4    (i) Certification. The Attorney General, a State's
5Attorney, or any law enforcement official shall certify in
6writing to the United States Department of Justice or other
7federal agency, such as the United States Department of
8Homeland Security, that an investigation or prosecution under
9this Section has begun and the individual who is a likely
10victim of a crime described in this Section is willing to
11cooperate or is cooperating with the investigation to enable
12the individual, if eligible under federal law, to qualify for
13an appropriate special immigrant visa and to access available
14federal benefits. Cooperation with law enforcement shall not be
15required of victims of a crime described in this Section who
16are under 18 years of age. This certification shall be made
17available to the victim and his or her designated legal
18representative.
19    (j) A person who commits the offense of involuntary
20servitude, involuntary sexual servitude of a minor, or
21trafficking in persons for forced labor or services under
22subsection (b), (c), or (d) of this Section is subject to the
23property forfeiture provisions set forth in Article 124B of the
24Code of Criminal Procedure of 1963.
25(Source: P.A. 96-710, eff. 1-1-10; incorporates 96-712, eff.
261-1-10; 96-1000, eff. 7-2-10.)
 

 

 

HB5278- 12 -LRB097 18978 RLC 64217 b

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
4provided by law, a peace officer who arrests a person for a
5violation of Section 10-9, 11-14 10-14, 11-14.1, 11-14.3,
611-14.4, 11-18, or 11-18.1 of this Code, or related municipal
7ordinance, may tow and impound any vehicle used by the person
8in the commission of the violation offense. The person arrested
9for one or more such violations shall be charged a $1,000 fee,
10to be paid to the law enforcement agency unit of government
11that made the arrest, or its designated representative. The
12person may recover the vehicle from the impound after a minimum
13of 2 hours after arrest upon payment of the fee.
14    (b) $500 of the fee shall be distributed to the law
15enforcement agency unit of government whose peace officers made
16the arrest, for the costs incurred by the law enforcement
17agency unit of government to investigate and to tow and impound
18the vehicle. Upon the defendant's conviction of one or more of
19the violations offenses in connection with which the vehicle
20was impounded and the fee imposed under this Section, the
21remaining $500 of the fee shall be deposited into the DHS State
22Projects Violent Crime Victims Assistance Fund and shall be
23used by the Department of Human Services to make grants to
24non-governmental organizations to provide services for persons
25encountered during the course of an investigation into any

 

 

HB5278- 13 -LRB097 18978 RLC 64217 b

1violation of Section 10-9, 11-14, 11-14.1, 11-14.3, 11-14.4,
211-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,
311-19.1, or 11-19.2 of this Code, provided such persons
4constitute prostituted persons or other victims of human
5trafficking.
6    (c) Upon the presentation by the defendant of a signed
7court order showing that the defendant has been acquitted of
8all of the violations offenses in connection with which a
9vehicle was impounded and a fee imposed under this Section, or
10that the charges against the defendant for those violations
11offenses have been dismissed, the law enforcement agency unit
12of government shall refund the $1,000 fee to the defendant.
13(Source: P.A. 96-1551, eff. 7-1-11; incorporates 96-1503, eff.
141-27-11, and 97-333, eff. 8-12-11; revised 9-14-11.)
 
15    Section 10. The Code of Criminal Procedure of 1963 is
16amended 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
19sexual assault of a child, aggravated criminal sexual assault,
20criminal sexual assault, aggravated criminal sexual abuse,
21criminal sexual abuse, or criminal transmission of HIV; in
22prosecutions for involuntary servitude, involuntary sexual
23servitude of a minor, and trafficking in persons, when the
24offense involves sexual activity and in prosecutions for

 

 

HB5278- 14 -LRB097 18978 RLC 64217 b

1battery and aggravated battery, when the commission of the
2offense involves sexual penetration or sexual conduct as
3defined in Section 11-0.1 of the Criminal Code of 1961; and
4with the trial or retrial of the offenses formerly known as
5rape, deviate sexual assault, indecent liberties with a child,
6and aggravated indecent liberties with a child, the prior
7sexual activity or the reputation of the alleged victim or
8corroborating witness under Section 115-7.3 of this Code is
9inadmissible except (1) as evidence concerning the past sexual
10conduct of the alleged victim or corroborating witness under
11Section 115-7.3 of this Code with the accused when this
12evidence is offered by the accused upon the issue of whether
13the alleged victim or corroborating witness under Section
14115-7.3 of this Code consented to the sexual conduct with
15respect to which the offense is alleged; or (2) when
16constitutionally required to be admitted.
17    b. No evidence admissible under this Section shall be
18introduced unless ruled admissible by the trial judge after an
19offer of proof has been made at a hearing to be held in camera
20in order to determine whether the defense has evidence to
21impeach the witness in the event that prior sexual activity
22with the defendant is denied. Such offer of proof shall include
23reasonably specific information as to the date, time and place
24of the past sexual conduct between the alleged victim or
25corroborating witness under Section 115-7.3 of this Code and
26the defendant. Unless the court finds that reasonably specific

 

 

HB5278- 15 -LRB097 18978 RLC 64217 b

1information as to date, time or place, or some combination
2thereof, has been offered as to prior sexual activity with the
3defendant, counsel for the defendant shall be ordered to
4refrain from inquiring into prior sexual activity between the
5alleged victim or corroborating witness under Section 115-7.3
6of this Code and the defendant. The court shall not admit
7evidence under this Section unless it determines at the hearing
8that the evidence is relevant and the probative value of the
9evidence outweighs the danger of unfair prejudice. The evidence
10shall be admissible at trial to the extent an order made by the
11court specifies the evidence that may be admitted and areas
12with respect to which the alleged victim or corroborating
13witness under Section 115-7.3 of this Code may be examined or
14cross examined.
15(Source: P.A. 96-1551, eff. 7-1-11.)
 
16    Section 15. The Sex Offender Registration Act is amended by
17changing 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
21person 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

 

 

HB5278- 16 -LRB097 18978 RLC 64217 b

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

 

 

HB5278- 17 -LRB097 18978 RLC 64217 b

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

 

 

HB5278- 18 -LRB097 18978 RLC 64217 b

1    foreign country law.
2    Convictions that result from or are connected with the same
3act, or result from offenses committed at the same time, shall
4be counted for the purpose of this Article as one conviction.
5Any conviction set aside pursuant to law is not a conviction
6for purposes of this Article.
7     For purposes of this Section, "convicted" shall have the
8same 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),

 

 

HB5278- 19 -LRB097 18978 RLC 64217 b

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

 

 

HB5278- 20 -LRB097 18978 RLC 64217 b

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

 

 

HB5278- 21 -LRB097 18978 RLC 64217 b

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

 

 

HB5278- 22 -LRB097 18978 RLC 64217 b

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

 

 

HB5278- 23 -LRB097 18978 RLC 64217 b

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
4Code of Military Justice, or the law of another state or a
5foreign country that is substantially equivalent to any offense
6listed in subsections (B), (C), (E), and (E-5) of this Section
7shall constitute a conviction for the purpose of this Article.
8A finding or adjudication as a sexually dangerous person or a
9sexually violent person under any federal law, Uniform Code of
10Military Justice, or the law of another state or foreign
11country that is substantially equivalent to the Sexually
12Dangerous Persons Act or the Sexually Violent Persons
13Commitment Act shall constitute an adjudication for the
14purposes of this Article.
15    (C-5) A person at least 17 years of age at the time of the
16commission of the offense who is convicted of first degree
17murder under Section 9-1 of the Criminal Code of 1961, against
18a person under 18 years of age, shall be required to register
19for natural life. A conviction for an offense of federal,
20Uniform Code of Military Justice, sister state, or foreign
21country law that is substantially equivalent to any offense
22listed in subsection (C-5) of this Section shall constitute a
23conviction for the purpose of this Article. This subsection
24(C-5) applies to a person who committed the offense before June
251, 1996 if: (i) the person is incarcerated in an Illinois
26Department of Corrections facility on August 20, 2004 (the

 

 

HB5278- 24 -LRB097 18978 RLC 64217 b

1effective date of Public Act 93-977), or (ii) subparagraph (i)
2does not apply and the person is convicted of any felony after
3July 1, 2011, and paragraph (2.1) of subsection (c) of Section
43 of this Act applies.
5    (C-6) A person who is convicted or adjudicated delinquent
6of first degree murder as defined in Section 9-1 of the
7Criminal Code of 1961, against a person 18 years of age or
8over, shall be required to register for his or her natural
9life. A conviction for an offense of federal, Uniform Code of
10Military Justice, sister state, or foreign country law that is
11substantially equivalent to any offense listed in subsection
12(C-6) of this Section shall constitute a conviction for the
13purpose of this Article. This subsection (C-6) does not apply
14to those individuals released from incarceration more than 10
15years prior to January 1, 2012 (the effective date of Public
16Act 97-154) this amendatory Act of the 97th General Assembly.
17    (D) As used in this Article, "law enforcement agency having
18jurisdiction" means the Chief of Police in each of the
19municipalities in which the sex offender expects to reside,
20work, or attend school (1) upon his or her discharge, parole or
21release or (2) during the service of his or her sentence of
22probation or conditional discharge, or the Sheriff of the
23county, in the event no Police Chief exists or if the offender
24intends to reside, work, or attend school in an unincorporated
25area. "Law enforcement agency having jurisdiction" includes
26the location where out-of-state students attend school and

 

 

HB5278- 25 -LRB097 18978 RLC 64217 b

1where out-of-state employees are employed or are otherwise
2required to register.
3    (D-1) As used in this Article, "supervising officer" means
4the assigned Illinois Department of Corrections parole agent or
5county probation officer.
6    (E) As used in this Article, "sexual predator" means any
7person 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

 

 

HB5278- 26 -LRB097 18978 RLC 64217 b

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

 

 

HB5278- 27 -LRB097 18978 RLC 64217 b

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
6a person convicted of a violation or attempted violation of any
7of 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

 

 

HB5278- 28 -LRB097 18978 RLC 64217 b

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

 

 

HB5278- 29 -LRB097 18978 RLC 64217 b

1    (H) As used in this Article, "school" means any public or
2private educational institution, including, but not limited
3to, any elementary or secondary school, trade or professional
4institution, or institution of higher education.
5    (I) As used in this Article, "fixed residence" means any
6and all places that a sex offender resides for an aggregate
7period of time of 5 or more days in a calendar year.
8    (J) As used in this Article, "Internet protocol address"
9means the string of numbers by which a location on the Internet
10is identified by routers or other computers connected to the
11Internet.
12(Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11;
1396-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12;
14revised 9-27-11.)

 

 

HB5278- 30 -LRB097 18978 RLC 64217 b

1 INDEX
2 Statutes amended in order of appearance
3    720 ILCS 5/3-6from Ch. 38, par. 3-6
4    720 ILCS 5/10-9
5    720 ILCS 5/36.5-5
6    725 ILCS 5/115-7from Ch. 38, par. 115-7
7    730 ILCS 150/2from Ch. 38, par. 222