Full Text of HB5280 97th General Assembly
HB5280 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5280 Introduced 2/8/2012, by Rep. William Cunningham SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/5-4.5-95 | |
730 ILCS 5/5-8-1 | from Ch. 38, par. 1005-8-1 |
730 ILCS 150/2 | from Ch. 38, par. 222 |
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Amends the Unified Code of Corrections. Provides that every person who has been convicted in any state or federal court of an offense that requires the person to register as a sexual predator under the Sex Offender Registration Act, and who is thereafter convicted of a second offense requiring registration as a sexual predator, shall be adjudged a habitual child predator. Provides that anyone adjudged a habitual child predator shall be sentenced as a Class X offender. Provides that the term of mandatory supervised release of a habitual child predator shall range from a minimum of 3 years to a maximum of the natural life of the defendant. Amends the Sex Offender Registration Act. Defines "sexual predator" to include a person who was convicted of luring of a minor (rather than a second or subsequent such offense).
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| | | CORRECTIONAL BUDGET AND IMPACT 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 Unified Code of Corrections is amended by | 5 | | changing Sections 5-4.5-95 and 5-8-1 as follows: | 6 | | (730 ILCS 5/5-4.5-95)
| 7 | | Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS. | 8 | | (a) HABITUAL CRIMINALS. | 9 | | (1) Every person who has been twice convicted in any | 10 | | state or federal court of an offense that contains the same | 11 | | elements as an offense now (the date of the offense | 12 | | committed after the 2 prior convictions) classified in | 13 | | Illinois as a Class X felony, criminal sexual assault, | 14 | | aggravated kidnapping, or first degree murder, and who is | 15 | | thereafter convicted of a Class X felony, criminal sexual | 16 | | assault, or first degree murder, committed after the 2 | 17 | | prior convictions, shall be adjudged an habitual criminal. | 18 | | (2) The 2 prior convictions need not have been for the | 19 | | same offense. | 20 | | (3) Any convictions that result from or are connected | 21 | | with the same transaction, or result from offenses | 22 | | committed at the same time, shall be counted for the | 23 | | purposes of this Section as one conviction. |
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| 1 | | (4) This Section does not apply unless each of the | 2 | | following requirements are satisfied: | 3 | | (A) The third offense was committed after July 3, | 4 | | 1980. | 5 | | (B) The third offense was committed within 20 years | 6 | | of the date that judgment was entered on the first | 7 | | conviction; provided, however, that time spent in | 8 | | custody shall not be counted. | 9 | | (C) The third offense was committed after | 10 | | conviction on the second offense. | 11 | | (D) The second offense was committed after | 12 | | conviction on the first offense. | 13 | | (5) Except when the death penalty is imposed, anyone | 14 | | adjudged an habitual criminal shall be sentenced to a term | 15 | | of natural life imprisonment. | 16 | | (6) A prior conviction shall not be alleged in the | 17 | | indictment, and no evidence or other disclosure of that | 18 | | conviction shall be presented to the court or the jury | 19 | | during the trial of an offense set forth in this Section | 20 | | unless otherwise permitted by the issues properly raised in | 21 | | that trial. After a plea or verdict or finding of guilty | 22 | | and before sentence is imposed, the prosecutor may file | 23 | | with the court a verified written statement signed by the | 24 | | State's Attorney concerning any former conviction of an | 25 | | offense set forth in this Section rendered against the | 26 | | defendant. The court shall then cause the defendant to be |
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| 1 | | brought before it; shall inform the defendant of the | 2 | | allegations of the statement so filed, and of his or her | 3 | | right to a hearing before the court on the issue of that | 4 | | former conviction and of his or her right to counsel at | 5 | | that hearing; and unless the defendant admits such | 6 | | conviction, shall hear and determine the issue, and shall | 7 | | make a written finding thereon. If a sentence has | 8 | | previously been imposed, the court may vacate that sentence | 9 | | and impose a new sentence in accordance with this Section. | 10 | | (7) A duly authenticated copy of the record of any | 11 | | alleged former conviction of an offense set forth in this | 12 | | Section shall be prima facie evidence of that former | 13 | | conviction; and a duly authenticated copy of the record of | 14 | | the defendant's final release or discharge from probation | 15 | | granted, or from sentence and parole supervision (if any) | 16 | | imposed pursuant to that former conviction, shall be prima | 17 | | facie evidence of that release or discharge. | 18 | | (8) Any claim that a previous conviction offered by the | 19 | | prosecution is not a former conviction of an offense set | 20 | | forth in this Section because of the existence of any | 21 | | exceptions described in this Section, is waived unless duly | 22 | | raised at the hearing on that conviction, or unless the | 23 | | prosecution's proof shows the existence of the exceptions | 24 | | described in this Section. | 25 | | (9) If the person so convicted shows to the | 26 | | satisfaction of the court before whom that conviction was |
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| 1 | | had that he or she was released from imprisonment, upon | 2 | | either of the sentences upon a pardon granted for the | 3 | | reason that he or she was innocent, that conviction and | 4 | | sentence shall not be considered under this Section.
| 5 | | (b) When a defendant, over the age of 21 years, is | 6 | | convicted of a Class 1 or Class 2 felony, after having twice | 7 | | been convicted in any state or federal court of an offense that | 8 | | contains the same elements as an offense now (the date the | 9 | | Class 1 or Class 2 felony was committed) classified in Illinois | 10 | | as a Class 2 or greater Class felony and those charges are | 11 | | separately brought and tried and arise out of different series | 12 | | of acts, that defendant shall be sentenced as a Class X | 13 | | offender. This subsection does not apply unless: | 14 | | (1) the first felony was committed after February 1, | 15 | | 1978 (the effective date of Public Act 80-1099); | 16 | | (2) the second felony was committed after conviction on | 17 | | the first; and | 18 | | (3) the third felony was committed after conviction on | 19 | | the second. | 20 | | A person sentenced as a Class X offender under this | 21 | | subsection (b) is not eligible to apply for treatment as a | 22 | | condition of probation as provided by Section 40-10 of the | 23 | | Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS | 24 | | 301/40-10).
| 25 | | (c)(1) Every person who has been convicted in any state or | 26 | | federal court of an offense that requires the person to |
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| 1 | | register as a sexual predator under the Sex Offender | 2 | | Registration Act (730 ILCS 150/Act), and who is thereafter | 3 | | convicted of a second offense requiring registration as a | 4 | | sexual predator, shall be adjudged a habitual child predator. | 5 | | (2) The prior conviction need not have been for the same | 6 | | offense. | 7 | | (3) Any convictions that result from or are connected with | 8 | | the same transaction, or result from offenses committed at the | 9 | | same time, shall be counted for the purposes of this subsection | 10 | | as one conviction. | 11 | | (4) This subsection does not apply unless each of the | 12 | | following requirements are satisfied: | 13 | | (A) The second offense was committed on or after the | 14 | | effective date of this amendatory Act of the 97th General | 15 | | Assembly. | 16 | | (B) The second offense was committed after conviction | 17 | | on the first offense. | 18 | | (5) Except when the death penalty is imposed, anyone | 19 | | adjudged a habitual child predator shall be sentenced as a | 20 | | Class X offender. | 21 | | (6) A prior conviction shall not be alleged in the | 22 | | indictment, and no evidence or other disclosure of that | 23 | | conviction shall be presented to the court or the jury during | 24 | | the trial of an offense set forth in this Section unless | 25 | | otherwise permitted by the issues properly raised in that | 26 | | trial. After a plea or verdict or finding of guilty and before |
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| 1 | | sentence is imposed, the prosecutor may file with the court a | 2 | | verified written statement signed by the State's Attorney | 3 | | concerning any former conviction of an offense set forth in | 4 | | this Section rendered against the defendant. The court shall | 5 | | then cause the defendant to be brought before it; shall inform | 6 | | the defendant of the allegations of the statement so filed, and | 7 | | of his or her right to a hearing before the court on the issue | 8 | | of that former conviction and of his or her right to counsel at | 9 | | that hearing; and unless the defendant admits such conviction, | 10 | | shall hear and determine the issue, and shall make a written | 11 | | finding thereon. If a sentence has previously been imposed, the | 12 | | court may vacate that sentence and impose a new sentence in | 13 | | accordance with this Section. | 14 | | (7) A duly authenticated copy of the record of any alleged | 15 | | former conviction of an offense set forth in this Section shall | 16 | | be prima facie evidence of that former conviction; and a duly | 17 | | authenticated copy of the record of the defendant's final | 18 | | release or discharge from probation granted, or from sentence | 19 | | and parole supervision (if any) imposed pursuant to that former | 20 | | conviction, shall be prima facie evidence of that release or | 21 | | discharge. | 22 | | (8) Any claim that a previous conviction offered by the | 23 | | prosecution is not a former conviction of an offense set forth | 24 | | in this Section because of the existence of any exceptions | 25 | | described in this Section, is waived unless duly raised at the | 26 | | hearing on that conviction, or unless the prosecution's proof |
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| 1 | | shows the existence of the exceptions described in this | 2 | | Section. | 3 | | (9) If the person so convicted shows to the satisfaction of | 4 | | the court before whom that conviction was had that he or she | 5 | | was released from imprisonment, upon either of the sentences | 6 | | upon a pardon granted for the reason that he or she was | 7 | | innocent, that conviction and sentence shall not be considered | 8 | | under this Section. | 9 | | (Source: P.A. 95-1052, eff. 7-1-09 .)
| 10 | | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| 11 | | Sec. 5-8-1. Natural life imprisonment; enhancements for | 12 | | use of a firearm; mandatory supervised release terms.
| 13 | | (a) Except as otherwise provided in the statute defining | 14 | | the offense or in Article 4.5 of Chapter V, a
sentence of | 15 | | imprisonment for a felony shall be a determinate sentence set | 16 | | by
the court under this Section, according to the following | 17 | | limitations:
| 18 | | (1) for first degree murder,
| 19 | | (a) (blank),
| 20 | | (b) if a trier of fact finds beyond a reasonable
| 21 | | doubt that the murder was accompanied by exceptionally
| 22 | | brutal or heinous behavior indicative of wanton | 23 | | cruelty or, except as set forth
in subsection (a)(1)(c) | 24 | | of this Section, that any of the aggravating factors
| 25 | | listed in subsection (b) or (b-5) of Section 9-1 of the |
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| 1 | | Criminal Code of 1961 are
present, the court may | 2 | | sentence the defendant to a term of natural life
| 3 | | imprisonment, or
| 4 | | (c) the court shall sentence the defendant to a | 5 | | term of natural life
imprisonment when the death | 6 | | penalty is not imposed if the defendant,
| 7 | | (i) has previously been convicted of first | 8 | | degree murder under
any state or federal law, or
| 9 | | (ii) is a person who, at the time of the | 10 | | commission of the murder,
had attained the age of | 11 | | 17 or more and is found guilty of murdering an
| 12 | | individual under 12 years of age; or, irrespective | 13 | | of the defendant's age at
the time of the | 14 | | commission of the offense, is found guilty of | 15 | | murdering more
than one victim, or
| 16 | | (iii) is found guilty of murdering a peace | 17 | | officer, fireman, or emergency management worker | 18 | | when
the peace officer, fireman, or emergency | 19 | | management worker was killed in the course of | 20 | | performing his
official duties, or to prevent the | 21 | | peace officer or fireman from
performing his | 22 | | official duties, or in retaliation for the peace | 23 | | officer,
fireman, or emergency management worker | 24 | | from performing his official duties, and the | 25 | | defendant knew or should
have known that the | 26 | | murdered individual was a peace officer, fireman, |
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| 1 | | or emergency management worker, or
| 2 | | (iv) is found guilty of murdering an employee | 3 | | of an institution or
facility of the Department of | 4 | | Corrections, or any similar local
correctional | 5 | | agency, when the employee was killed in the course | 6 | | of
performing his official duties, or to prevent | 7 | | the employee from performing
his official duties, | 8 | | or in retaliation for the employee performing his
| 9 | | official duties, or
| 10 | | (v) is found guilty of murdering an emergency | 11 | | medical
technician - ambulance, emergency medical | 12 | | technician - intermediate, emergency
medical | 13 | | technician - paramedic, ambulance driver or other | 14 | | medical assistance or
first aid person while | 15 | | employed by a municipality or other governmental | 16 | | unit
when the person was killed in the course of | 17 | | performing official duties or
to prevent the | 18 | | person from performing official duties or in | 19 | | retaliation
for performing official duties and the | 20 | | defendant knew or should have known
that the | 21 | | murdered individual was an emergency medical | 22 | | technician - ambulance,
emergency medical | 23 | | technician - intermediate, emergency medical
| 24 | | technician - paramedic, ambulance driver, or other | 25 | | medical
assistant or first aid personnel, or
| 26 | | (vi) is a person who, at the time of the |
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| 1 | | commission of the murder,
had not attained the age | 2 | | of 17, and is found guilty of murdering a person | 3 | | under
12 years of age and the murder is committed | 4 | | during the course of aggravated
criminal sexual | 5 | | assault, criminal sexual assault, or aggravated | 6 | | kidnaping,
or
| 7 | | (vii) is found guilty of first degree murder | 8 | | and the murder was
committed by reason of any | 9 | | person's activity as a community policing | 10 | | volunteer
or to prevent any person from engaging in | 11 | | activity as a community policing
volunteer. For | 12 | | the purpose of this Section, "community policing | 13 | | volunteer"
has the meaning ascribed to it in | 14 | | Section 2-3.5 of the Criminal Code of 1961.
| 15 | | For purposes of clause (v), "emergency medical | 16 | | technician - ambulance",
"emergency medical technician - | 17 | | intermediate", "emergency medical technician -
| 18 | | paramedic", have the meanings ascribed to them in the | 19 | | Emergency Medical
Services (EMS) Systems Act.
| 20 | | (d) (i) if the person committed the offense while | 21 | | armed with a
firearm, 15 years shall be added to | 22 | | the term of imprisonment imposed by the
court;
| 23 | | (ii) if, during the commission of the offense, | 24 | | the person
personally discharged a firearm, 20 | 25 | | years shall be added to the term of
imprisonment | 26 | | imposed by the court;
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| 1 | | (iii) if, during the commission of the | 2 | | offense, the person
personally discharged a | 3 | | firearm that proximately caused great bodily harm,
| 4 | | permanent disability, permanent disfigurement, or | 5 | | death to another person, 25
years or up to a term | 6 | | of natural life shall be added to the term of
| 7 | | imprisonment imposed by the court.
| 8 | | (2) (blank);
| 9 | | (2.5) for a person convicted under the circumstances | 10 | | described in subdivision (b)(1)(B) of Section 11-1.20 or
| 11 | | paragraph (3) of subsection (b) of Section 12-13, | 12 | | subdivision (d)(2) of Section 11-1.30 or paragraph (2) of | 13 | | subsection
(d) of Section 12-14, subdivision (b)(1.2) of | 14 | | Section 11-1.40 or paragraph (1.2) of subsection (b) of
| 15 | | Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or | 16 | | paragraph (2) of subsection (b) of Section 12-14.1
of the | 17 | | Criminal Code of 1961, the sentence shall be a term of | 18 | | natural life
imprisonment.
| 19 | | (b) (Blank).
| 20 | | (c) (Blank).
| 21 | | (d) Subject to
earlier termination under Section 3-3-8, the | 22 | | parole or mandatory
supervised release term shall be written as | 23 | | part of the sentencing order and shall be as follows:
| 24 | | (1) for first degree murder or a Class X felony except | 25 | | for the offenses of predatory criminal sexual assault of a | 26 | | child, aggravated criminal sexual assault, and criminal |
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| 1 | | sexual assault if committed on or after the effective date | 2 | | of this amendatory Act of the 94th General Assembly and | 3 | | except for the offense of aggravated child pornography | 4 | | under Section 11-20.1B or 11-20.3 of the Criminal Code of | 5 | | 1961, if committed on or after January 1, 2009, 3 years;
| 6 | | (2) for a Class 1 felony or a Class 2 felony except for | 7 | | the offense of criminal sexual assault if committed on or | 8 | | after the effective date of this amendatory Act of the 94th | 9 | | General Assembly and except for the offenses of manufacture | 10 | | and dissemination of child pornography under clauses | 11 | | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | 12 | | of 1961, if committed on or after January 1, 2009, 2 years;
| 13 | | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| 14 | | (4) for defendants who commit the offense of predatory | 15 | | criminal sexual assault of a child, aggravated criminal | 16 | | sexual assault, or criminal sexual assault, on or after the | 17 | | effective date of this amendatory Act of the 94th General | 18 | | Assembly, or who commit the offense of aggravated child | 19 | | pornography, manufacture of child pornography, or | 20 | | dissemination of child pornography after January 1, 2009, | 21 | | or who commit an offense that results in the defendant | 22 | | being adjudged a habitual child predator, the term of | 23 | | mandatory supervised release shall range from a minimum of | 24 | | 3 years to a maximum of the natural life of the defendant;
| 25 | | (5) if the victim is under 18 years of age, for a | 26 | | second or subsequent
offense of aggravated criminal sexual |
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| 1 | | abuse or felony criminal sexual abuse,
4 years, at least | 2 | | the first 2 years of which the defendant shall serve in an
| 3 | | electronic home detention program under Article 8A of | 4 | | Chapter V of this Code;
| 5 | | (6) for a felony domestic battery, aggravated domestic | 6 | | battery, stalking, aggravated stalking, and a felony | 7 | | violation of an order of protection, 4 years. | 8 | | (e) (Blank).
| 9 | | (f) (Blank).
| 10 | | (Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; | 11 | | 96-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff. | 12 | | 7-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; revised | 13 | | 9-14-11.)
| 14 | | Section 10. The Sex Offender Registration Act is amended by | 15 | | changing Section 2 as follows:
| 16 | | (730 ILCS 150/2) (from Ch. 38, par. 222)
| 17 | | Sec. 2. Definitions.
| 18 | | (A) As used in this Article, "sex offender" means any | 19 | | person who is:
| 20 | | (1) charged pursuant to Illinois law, or any | 21 | | substantially similar
federal, Uniform Code of Military | 22 | | Justice, sister state, or foreign country
law,
with a sex | 23 | | offense set forth
in subsection (B) of this Section or the | 24 | | attempt to commit an included sex
offense, and:
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| 1 | | (a) is convicted of such offense or an attempt to | 2 | | commit such offense;
or
| 3 | | (b) is found not guilty by reason of insanity of | 4 | | such offense or an
attempt to commit such offense; or
| 5 | | (c) is found not guilty by reason of insanity | 6 | | pursuant to Section
104-25(c) of the Code of Criminal | 7 | | Procedure of 1963 of such offense or an
attempt to | 8 | | commit such offense; or
| 9 | | (d) is the subject of a finding not resulting in an | 10 | | acquittal at a
hearing conducted pursuant to Section | 11 | | 104-25(a) of the Code of Criminal
Procedure of 1963 for | 12 | | the alleged commission or attempted commission of such
| 13 | | offense; or
| 14 | | (e) is found not guilty by reason of insanity | 15 | | following a hearing
conducted pursuant to a federal, | 16 | | Uniform Code of Military Justice, sister
state, or | 17 | | foreign country law
substantially similar to Section | 18 | | 104-25(c) of the Code of Criminal Procedure
of 1963 of | 19 | | such offense or of the attempted commission of such | 20 | | offense; or
| 21 | | (f) is the subject of a finding not resulting in an | 22 | | acquittal at a
hearing conducted pursuant to a federal, | 23 | | Uniform Code of Military Justice,
sister state, or | 24 | | foreign country law
substantially similar to Section | 25 | | 104-25(a) of the Code of Criminal Procedure
of 1963 for | 26 | | the alleged violation or attempted commission of such |
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| 1 | | offense;
or
| 2 | | (2) certified as a sexually dangerous person pursuant | 3 | | to the Illinois
Sexually Dangerous Persons Act, or any | 4 | | substantially similar federal, Uniform
Code of Military | 5 | | Justice, sister
state, or foreign country law; or
| 6 | | (3) subject to the provisions of Section 2 of the | 7 | | Interstate
Agreements on Sexually Dangerous Persons Act; | 8 | | or
| 9 | | (4) found to be a sexually violent person pursuant to | 10 | | the Sexually
Violent Persons Commitment Act or any | 11 | | substantially similar federal, Uniform
Code of Military | 12 | | Justice, sister
state, or foreign country law; or
| 13 | | (5) adjudicated a juvenile delinquent as the result of | 14 | | committing or
attempting to commit an act which, if | 15 | | committed by an adult, would constitute
any of the offenses | 16 | | specified in item (B), (C), or (C-5) of this Section or a
| 17 | | violation of any substantially similar federal, Uniform | 18 | | Code of Military
Justice, sister state, or foreign
country | 19 | | law, or found guilty under Article V of the Juvenile Court | 20 | | Act of 1987
of committing or attempting to commit an act | 21 | | which, if committed by an adult,
would constitute any of | 22 | | the offenses specified in item (B), (C), or (C-5) of
this | 23 | | Section or a violation of any substantially similar | 24 | | federal, Uniform Code
of Military Justice, sister state,
or | 25 | | foreign country law.
| 26 | | Convictions that result from or are connected with the same |
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| 1 | | act, or result
from offenses committed at the same time, shall | 2 | | be counted for the purpose of
this Article as one conviction. | 3 | | Any conviction set aside pursuant to law is
not a conviction | 4 | | for purposes of this Article.
| 5 | |
For purposes of this Section, "convicted" shall have the | 6 | | same meaning as
"adjudicated".
| 7 | | (B) As used in this Article, "sex offense" means:
| 8 | | (1) A violation of any of the following Sections of the | 9 | | Criminal Code of
1961:
| 10 | | 11-20.1 (child pornography),
| 11 | | 11-20.1B or 11-20.3 (aggravated child | 12 | | pornography),
| 13 | | 11-6 (indecent solicitation of a child),
| 14 | | 11-9.1 (sexual exploitation of a child),
| 15 | | 11-9.2 (custodial sexual misconduct),
| 16 | | 11-9.5 (sexual misconduct with a person with a | 17 | | disability), | 18 | | 11-14.4 (promoting juvenile prostitution),
| 19 | | 11-15.1 (soliciting for a juvenile prostitute),
| 20 | | 11-18.1 (patronizing a juvenile prostitute),
| 21 | | 11-17.1 (keeping a place of juvenile | 22 | | prostitution),
| 23 | | 11-19.1 (juvenile pimping),
| 24 | | 11-19.2 (exploitation of a child),
| 25 | | 11-25 (grooming), | 26 | | 11-26 (traveling to meet a minor),
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| 1 | | 11-1.20 or 12-13 (criminal sexual assault),
| 2 | | 11-1.30 or 12-14 (aggravated criminal sexual | 3 | | assault),
| 4 | | 11-1.40 or 12-14.1 (predatory criminal sexual | 5 | | assault of a child),
| 6 | | 11-1.50 or 12-15 (criminal sexual abuse),
| 7 | | 11-1.60 or 12-16 (aggravated criminal sexual | 8 | | abuse),
| 9 | | 12-33 (ritualized abuse of a child).
| 10 | | An attempt to commit any of these offenses.
| 11 | | (1.5)
A violation of any of the following Sections of | 12 | | the
Criminal Code of 1961, when the victim is a person | 13 | | under 18 years of age, the
defendant is not a parent of the | 14 | | victim, the offense was sexually motivated as defined in | 15 | | Section 10 of the Sex Offender Management Board Act, and | 16 | | the offense was committed on or
after January 1, 1996:
| 17 | | 10-1 (kidnapping),
| 18 | | 10-2 (aggravated kidnapping),
| 19 | | 10-3 (unlawful restraint),
| 20 | | 10-3.1 (aggravated unlawful restraint).
| 21 | | If the offense was committed before January 1, 1996, it | 22 | | is a sex offense requiring registration only when the | 23 | | person is convicted of any felony after July 1, 2011, and | 24 | | paragraph (2.1) of subsection (c) of Section 3 of this Act | 25 | | applies.
| 26 | | (1.6)
First degree murder under Section 9-1 of the |
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| 1 | | Criminal Code of 1961,
provided the offense was sexually | 2 | | motivated as defined in Section 10 of the Sex Offender | 3 | | Management Board Act.
| 4 | | (1.7) (Blank).
| 5 | | (1.8) A violation or attempted violation of Section | 6 | | 11-11 (sexual
relations within families) of the Criminal | 7 | | Code of 1961, and the offense was committed on or after
| 8 | | June 1, 1997. If the offense was committed before June 1, | 9 | | 1997, it is a sex offense requiring registration only when | 10 | | the person is convicted of any felony after July 1, 2011, | 11 | | and paragraph (2.1) of subsection (c) of Section 3 of this | 12 | | Act applies.
| 13 | | (1.9) Child abduction under paragraph (10) of | 14 | | subsection
(b) of Section 10-5 of the Criminal Code of 1961 | 15 | | committed by luring or
attempting to lure a child under the | 16 | | age of 16 into a motor vehicle, building,
house trailer, or | 17 | | dwelling place without the consent of the parent or lawful
| 18 | | custodian of the child for other than a lawful purpose and | 19 | | the offense was
committed on or after January 1, 1998, | 20 | | provided the offense was sexually motivated as defined in | 21 | | Section 10 of the Sex Offender Management Board Act. If the | 22 | | offense was committed before January 1, 1998, 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 | | (1.10) A violation or attempted violation of any of the |
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| 1 | | following Sections
of the Criminal Code of 1961 when the | 2 | | offense was committed on or 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 when the | 26 | | offense was committed on or
after August 22, 2002:
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| 1 | | 11-9 or 11-30 (public indecency for a third or | 2 | | subsequent conviction). | 3 | | If the third or subsequent conviction was imposed | 4 | | before August 22, 2002, it is a sex offense requiring | 5 | | registration only when the person is convicted of any | 6 | | felony after July 1, 2011, and paragraph (2.1) of | 7 | | subsection (c) of Section 3 of this Act applies.
| 8 | | (1.12) A violation or attempted violation of Section
| 9 | | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the | 10 | | Criminal Code of 1961 (permitting sexual abuse) when the
| 11 | | offense was committed on or after August 22, 2002. If the | 12 | | offense was committed before August 22, 2002, it is a sex | 13 | | offense requiring registration only when the person is | 14 | | convicted of any felony after July 1, 2011, and paragraph | 15 | | (2.1) of subsection (c) of Section 3 of this Act applies.
| 16 | | (2) A violation of any former law of this State | 17 | | substantially equivalent
to any offense listed in | 18 | | subsection (B) of this Section.
| 19 | | (C) A conviction for an offense of federal law, Uniform | 20 | | Code of Military
Justice, or the law of another state
or a | 21 | | foreign country that is substantially equivalent to any offense | 22 | | listed
in subsections (B), (C), (E), and (E-5) of this Section | 23 | | shall
constitute a
conviction for the purpose
of this Article. | 24 | | A finding or adjudication as a sexually dangerous person
or a | 25 | | sexually violent person under any federal law, Uniform Code of | 26 | | Military
Justice, or the law of another state or
foreign |
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| 1 | | country that is substantially equivalent to the Sexually | 2 | | Dangerous
Persons Act or the Sexually Violent Persons | 3 | | Commitment Act shall constitute an
adjudication for the | 4 | | purposes of this Article.
| 5 | | (C-5) A person at least 17 years of age at the time of the | 6 | | commission of
the offense who is convicted of first degree | 7 | | murder under Section 9-1 of the
Criminal Code of 1961, against | 8 | | a person
under 18 years of age, shall be required to register
| 9 | | for natural life.
A conviction for an offense of federal, | 10 | | Uniform Code of Military Justice,
sister state, or foreign | 11 | | country law that is substantially equivalent to any
offense | 12 | | listed in subsection (C-5) of this Section shall constitute a
| 13 | | conviction for the purpose of this Article. This subsection | 14 | | (C-5) applies to a person who committed the offense before June | 15 | | 1, 1996 if: (i) the person is incarcerated in an Illinois | 16 | | Department of Corrections facility on August 20, 2004 (the | 17 | | effective date of Public Act 93-977), or (ii) subparagraph (i) | 18 | | does not apply and the person is convicted of any felony after | 19 | | July 1, 2011, and paragraph (2.1) of subsection (c) of Section | 20 | | 3 of this Act applies.
| 21 | | (C-6) A person who is convicted or adjudicated delinquent | 22 | | of first degree murder as defined in Section 9-1 of the | 23 | | Criminal Code of 1961, against a person 18 years of age or | 24 | | over, shall be required to register for his or her natural | 25 | | life. A conviction for an offense of federal, Uniform Code of | 26 | | Military Justice, sister state, or foreign country law that is |
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| 1 | | substantially equivalent to any offense listed in subsection | 2 | | (C-6) of this Section shall constitute a conviction for the | 3 | | purpose of this Article. This subsection (C-6) does not apply | 4 | | to those individuals released from incarceration more than 10 | 5 | | years prior to January 1, 2012 ( the effective date of Public | 6 | | Act 97-154) this amendatory Act of the 97th General Assembly . | 7 | | (D) As used in this Article, "law enforcement agency having | 8 | | jurisdiction"
means the Chief of Police in each of the | 9 | | municipalities in which the sex offender
expects to reside, | 10 | | work, or attend school (1) upon his or her discharge,
parole or | 11 | | release or
(2) during the service of his or her sentence of | 12 | | probation or conditional
discharge, or the Sheriff of the | 13 | | county, in the event no Police Chief exists
or if the offender | 14 | | intends to reside, work, or attend school in an
unincorporated | 15 | | area.
"Law enforcement agency having jurisdiction" includes | 16 | | the location where
out-of-state students attend school and | 17 | | where out-of-state employees are
employed or are otherwise | 18 | | required to register.
| 19 | | (D-1) As used in this Article, "supervising officer" means | 20 | | the assigned Illinois Department of Corrections parole agent or | 21 | | county probation officer. | 22 | | (E) As used in this Article, "sexual predator" means any | 23 | | person who,
after July 1, 1999, is:
| 24 | | (1) Convicted for an offense of federal, Uniform Code | 25 | | of Military
Justice, sister state, or foreign country law | 26 | | that is substantially equivalent
to any offense listed in |
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| 1 | | subsection (E) or (E-5) of this Section shall constitute a
| 2 | | conviction for the purpose of this Article.
Convicted of a | 3 | | violation or attempted violation of any of the following
| 4 | | Sections of the
Criminal Code of 1961:
| 5 | | 10-5.1 (luring of a minor),
| 6 | | 11-14.4 that involves keeping a place of juvenile | 7 | | prostitution, or 11-17.1 (keeping a place of juvenile | 8 | | prostitution),
| 9 | | subdivision (a)(2) or (a)(3) of Section 11-14.4, | 10 | | or Section 11-19.1 (juvenile pimping),
| 11 | | subdivision (a)(4) of Section 11-14.4, or Section | 12 | | 11-19.2 (exploitation of a child),
| 13 | | 11-20.1 (child pornography),
| 14 | | 11-20.1B or 11-20.3 (aggravated child | 15 | | pornography),
| 16 | | 11-1.20 or 12-13 (criminal sexual assault),
| 17 | | 11-1.30 or 12-14 (aggravated criminal sexual | 18 | | assault),
| 19 | | 11-1.40 or 12-14.1 (predatory criminal sexual | 20 | | assault of a child),
| 21 | | 11-1.60 or 12-16 (aggravated criminal sexual | 22 | | abuse),
| 23 | | 12-33 (ritualized abuse of a child);
| 24 | | (2) (blank);
| 25 | | (3) certified as a sexually dangerous person pursuant | 26 | | to the Sexually
Dangerous Persons Act or any substantially |
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| 1 | | similar federal, Uniform Code of
Military Justice, sister | 2 | | state, or
foreign country law;
| 3 | | (4) found to be a sexually violent person pursuant to | 4 | | the Sexually Violent
Persons Commitment Act or any | 5 | | substantially similar federal, Uniform Code of
Military | 6 | | Justice, sister state, or
foreign country law;
| 7 | | (5) convicted of a second or subsequent offense which | 8 | | requires
registration pursuant to this Act. For purposes of | 9 | | this paragraph
(5), "convicted" shall include a conviction | 10 | | under any
substantially similar
Illinois, federal, Uniform | 11 | | Code of Military Justice, sister state, or
foreign country | 12 | | law;
| 13 | | (6) (blank); or convicted of a second or subsequent | 14 | | offense of luring a minor under Section 10-5.1 of the | 15 | | Criminal Code of 1961; or | 16 | | (7) if the person was convicted of an offense set forth | 17 | | in this subsection (E) on or before July 1, 1999, the | 18 | | person is a sexual predator for whom registration is | 19 | | required only when the person is convicted of a felony | 20 | | offense after July 1, 2011, and paragraph (2.1) of | 21 | | subsection (c) of Section 3 of this Act applies. | 22 | | (E-5) As used in this Article, "sexual predator" also means | 23 | | a person convicted of a violation or attempted violation of any | 24 | | of the following
Sections of the
Criminal Code of 1961: | 25 | | (1) Section 9-1 (first degree murder,
when the victim | 26 | | was a person under 18 years of age and the defendant was at |
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| 1 | | least
17 years of age at the time of the commission of the | 2 | | offense, provided the offense was sexually motivated as | 3 | | defined in Section 10 of the Sex Offender Management Board | 4 | | Act); | 5 | | (2) Section 11-9.5 (sexual misconduct with a person | 6 | | with a disability); | 7 | | (3) when the victim is a person under 18 years of age, | 8 | | the
defendant is not a parent of the victim, the offense | 9 | | was sexually motivated as defined in Section 10 of the Sex | 10 | | Offender Management Board Act, and the offense was | 11 | | committed on or
after January 1, 1996: (A) Section 10-1 | 12 | | (kidnapping), (B) Section 10-2 (aggravated kidnapping), | 13 | | (C) Section 10-3 (unlawful restraint), and (D) Section | 14 | | 10-3.1 (aggravated unlawful restraint); and | 15 | | (4) Section 10-5(b)(10) (child abduction committed by | 16 | | luring or
attempting to lure a child under the age of 16 | 17 | | into a motor vehicle, building,
house trailer, or dwelling | 18 | | place without the consent of the parent or lawful
custodian | 19 | | of the child for other than a lawful purpose and the | 20 | | offense was
committed on or after January 1, 1998, provided | 21 | | the offense was sexually motivated as defined in Section 10 | 22 | | of the Sex Offender Management Board Act). | 23 | | (E-10) As used in this Article, "sexual predator" also | 24 | | means a person required to register in another State due to a | 25 | | conviction, adjudication or other action of any court | 26 | | triggering an obligation to register as a sex offender, sexual |
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| 1 | | predator, or substantially similar status under the laws of | 2 | | that State. | 3 | | (F) As used in this Article, "out-of-state student" means | 4 | | any sex
offender, as defined in this Section,
or sexual | 5 | | predator who is enrolled in Illinois, on a full-time or | 6 | | part-time
basis, in any public or private educational | 7 | | institution, including, but not
limited to, any secondary | 8 | | school, trade or professional institution, or
institution of | 9 | | higher learning.
| 10 | | (G) As used in this Article, "out-of-state employee" means | 11 | | any sex
offender, as defined in this Section,
or sexual | 12 | | predator who works in Illinois, regardless of whether the | 13 | | individual
receives payment for services performed, for a | 14 | | period of time of 10 or more days
or for an aggregate period of | 15 | | time of 30 or more days
during any calendar year.
Persons who | 16 | | operate motor vehicles in the State accrue one day of | 17 | | employment
time for any portion of a day spent in Illinois.
| 18 | | (H) As used in this Article, "school" means any public or | 19 | | private educational institution, including, but not limited | 20 | | to, any elementary or secondary school, trade or professional | 21 | | institution, or institution of higher education. | 22 | | (I) As used in this Article, "fixed residence" means any | 23 | | and all places that a sex offender resides for an aggregate | 24 | | period of time of 5 or more days in a calendar year.
| 25 | | (J) As used in this Article, "Internet protocol address" | 26 | | means the string of numbers by which a location on the Internet |
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| 1 | | is identified by routers or other computers connected to the | 2 | | Internet. | 3 | | (Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11; | 4 | | 96-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; | 5 | | revised 9-27-11.)
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