Full Text of HB5280 97th General Assembly
HB5280ham001 97TH GENERAL ASSEMBLY | Rep. William Cunningham Filed: 3/7/2012
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| 1 | | AMENDMENT TO HOUSE BILL 5280
| 2 | | AMENDMENT NO. ______. Amend House Bill 5280 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Unified Code of Corrections is amended by | 5 | | changing Sections 5-4.5-25 and 5-4.5-95 as follows: | 6 | | (730 ILCS 5/5-4.5-25) | 7 | | Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X | 8 | | felony: | 9 | | (a) TERM. The sentence of imprisonment shall be a | 10 | | determinate sentence of not less than 6 years and not more than | 11 | | 30 years. The sentence of imprisonment for an extended term | 12 | | Class X felony, as provided in Section 5-8-2 (730 ILCS | 13 | | 5/5-8-2), shall be not less than 30 years and not more than 60 | 14 | | years.
| 15 | | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | 16 | | shall not be imposed.
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| 1 | | (c) IMPACT INCARCERATION. The impact incarceration program | 2 | | or the county impact incarceration program is not an authorized | 3 | | disposition.
| 4 | | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | 5 | | probation or conditional discharge shall not be imposed.
| 6 | | (e) FINE. Fines may be imposed as provided in Section | 7 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 8 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 9 | | concerning restitution.
| 10 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 11 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 12 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 13 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 14 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 15 | | program.
| 16 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 17 | | ILCS 5/5-4.5-100) concerning no credit for time spent in home | 18 | | detention prior to judgment.
| 19 | | (j) EARLY RELEASE; GOOD CONDUCT. See Section 3-6-3 (730 | 20 | | ILCS 5/3-6-3) for rules and regulations for early release based | 21 | | on good conduct.
| 22 | | (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS | 23 | | 5/5-8A-3) concerning eligibility for electronic home | 24 | | detention.
| 25 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 26 | | provided in Section 3-3-8 or 5-8-1 or subsection (b) of Section |
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| 1 | | 5-4.5-95 (730 ILCS 5/3-3-8 or 5/5-8-1 or 5/5-4.5-95(b) ), the | 2 | | parole or mandatory supervised release term shall be 3 years | 3 | | upon release from imprisonment.
| 4 | | (Source: P.A. 95-1052, eff. 7-1-09 .) | 5 | | (730 ILCS 5/5-4.5-95)
| 6 | | Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS. | 7 | | (a) HABITUAL CRIMINALS. | 8 | | (1) Every person who has been twice convicted in any | 9 | | state or federal court of an offense that contains the same | 10 | | elements as an offense now (the date of the offense | 11 | | committed after the 2 prior convictions) classified in | 12 | | Illinois as a Class X felony, criminal sexual assault, | 13 | | aggravated kidnapping, or first degree murder, and who is | 14 | | thereafter convicted of a Class X felony, criminal sexual | 15 | | assault, or first degree murder, committed after the 2 | 16 | | prior convictions, shall be adjudged an habitual criminal. | 17 | | (2) The 2 prior convictions need not have been for the | 18 | | same offense. | 19 | | (3) Any convictions that result from or are connected | 20 | | with the same transaction, or result from offenses | 21 | | committed at the same time, shall be counted for the | 22 | | purposes of this Section as one conviction. | 23 | | (4) This Section does not apply unless each of the | 24 | | following requirements are satisfied: | 25 | | (A) The third offense was committed after July 3, |
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| 1 | | 1980. | 2 | | (B) The third offense was committed within 20 years | 3 | | of the date that judgment was entered on the first | 4 | | conviction; provided, however, that time spent in | 5 | | custody shall not be counted. | 6 | | (C) The third offense was committed after | 7 | | conviction on the second offense. | 8 | | (D) The second offense was committed after | 9 | | conviction on the first offense. | 10 | | (5) Except when the death penalty is imposed, anyone | 11 | | adjudged an habitual criminal shall be sentenced to a term | 12 | | of natural life imprisonment. | 13 | | (6) A prior conviction shall not be alleged in the | 14 | | indictment, and no evidence or other disclosure of that | 15 | | conviction shall be presented to the court or the jury | 16 | | during the trial of an offense set forth in this Section | 17 | | unless otherwise permitted by the issues properly raised in | 18 | | that trial. After a plea or verdict or finding of guilty | 19 | | and before sentence is imposed, the prosecutor may file | 20 | | with the court a verified written statement signed by the | 21 | | State's Attorney concerning any former conviction of an | 22 | | offense set forth in this Section rendered against the | 23 | | defendant. The court shall then cause the defendant to be | 24 | | brought before it; shall inform the defendant of the | 25 | | allegations of the statement so filed, and of his or her | 26 | | right to a hearing before the court on the issue of that |
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| 1 | | former conviction and of his or her right to counsel at | 2 | | that hearing; and unless the defendant admits such | 3 | | conviction, shall hear and determine the issue, and shall | 4 | | make a written finding thereon. If a sentence has | 5 | | previously been imposed, the court may vacate that sentence | 6 | | and impose a new sentence in accordance with this Section. | 7 | | (7) A duly authenticated copy of the record of any | 8 | | alleged former conviction of an offense set forth in this | 9 | | Section shall be prima facie evidence of that former | 10 | | conviction; and a duly authenticated copy of the record of | 11 | | the defendant's final release or discharge from probation | 12 | | granted, or from sentence and parole supervision (if any) | 13 | | imposed pursuant to that former conviction, shall be prima | 14 | | facie evidence of that release or discharge. | 15 | | (8) Any claim that a previous conviction offered by the | 16 | | prosecution is not a former conviction of an offense set | 17 | | forth in this Section because of the existence of any | 18 | | exceptions described in this Section, is waived unless duly | 19 | | raised at the hearing on that conviction, or unless the | 20 | | prosecution's proof shows the existence of the exceptions | 21 | | described in this Section. | 22 | | (9) If the person so convicted shows to the | 23 | | satisfaction of the court before whom that conviction was | 24 | | had that he or she was released from imprisonment, upon | 25 | | either of the sentences upon a pardon granted for the | 26 | | reason that he or she was innocent, that conviction and |
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| 1 | | sentence shall not be considered under this Section.
| 2 | | (b) When a defendant, over the age of 21 years, is | 3 | | convicted of a Class 1 or Class 2 felony, after having twice | 4 | | been convicted in any state or federal court of an offense that | 5 | | contains the same elements as an offense now (the date the | 6 | | Class 1 or Class 2 felony was committed) classified in Illinois | 7 | | as a Class 2 or greater Class felony and those charges are | 8 | | separately brought and tried and arise out of different series | 9 | | of acts, that defendant shall be sentenced as a Class X | 10 | | offender. This subsection does not apply unless: | 11 | | (1) the first felony was committed after February 1, | 12 | | 1978 (the effective date of Public Act 80-1099); | 13 | | (2) the second felony was committed after conviction on | 14 | | the first; and | 15 | | (3) the third felony was committed after conviction on | 16 | | the second. | 17 | | A person sentenced as a Class X offender under this | 18 | | subsection (b) is not eligible to apply for treatment as a | 19 | | condition of probation as provided by Section 40-10 of the | 20 | | Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS | 21 | | 301/40-10).
| 22 | | If one or more of the victims of any of the crimes that | 23 | | caused a person to be sentenced as a Class X offender under | 24 | | this subsection (b) were under 18 years of age at the time of | 25 | | the crime, the offender shall (i) be subject to a mandatory | 26 | | supervised release term of 7 years upon release from |
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| 1 | | imprisonment and (ii) in addition to the conditions of | 2 | | mandatory supervised release set forth in Section 3-3-7, be | 3 | | electronically monitored for a minimum of 24 months from the | 4 | | date of release as determined by the Prisoner Review Board. | 5 | | (Source: P.A. 95-1052, eff. 7-1-09 .)
| 6 | | Section 10. The Sex Offender Registration Act is amended by | 7 | | changing Section 2 as follows:
| 8 | | (730 ILCS 150/2) (from Ch. 38, par. 222)
| 9 | | Sec. 2. Definitions.
| 10 | | (A) As used in this Article, "sex offender" means any | 11 | | person who is:
| 12 | | (1) charged pursuant to Illinois law, or any | 13 | | substantially similar
federal, Uniform Code of Military | 14 | | Justice, sister state, or foreign country
law,
with a sex | 15 | | offense set forth
in subsection (B) of this Section or the | 16 | | attempt to commit an included sex
offense, and:
| 17 | | (a) is convicted of such offense or an attempt to | 18 | | commit such offense;
or
| 19 | | (b) is found not guilty by reason of insanity of | 20 | | such offense or an
attempt to commit such offense; or
| 21 | | (c) is found not guilty by reason of insanity | 22 | | pursuant to Section
104-25(c) of the Code of Criminal | 23 | | Procedure of 1963 of such offense or an
attempt to | 24 | | commit such offense; or
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| 1 | | (d) is the subject of a finding not resulting in an | 2 | | acquittal at a
hearing conducted pursuant to Section | 3 | | 104-25(a) of the Code of Criminal
Procedure of 1963 for | 4 | | the alleged commission or attempted commission of such
| 5 | | offense; or
| 6 | | (e) is found not guilty by reason of insanity | 7 | | following a hearing
conducted pursuant to a federal, | 8 | | Uniform Code of Military Justice, sister
state, or | 9 | | foreign country law
substantially similar to Section | 10 | | 104-25(c) of the Code of Criminal Procedure
of 1963 of | 11 | | such offense or of the attempted commission of such | 12 | | offense; or
| 13 | | (f) is the subject of a finding not resulting in an | 14 | | acquittal at a
hearing conducted pursuant to a federal, | 15 | | Uniform Code of Military Justice,
sister state, or | 16 | | foreign country law
substantially similar to Section | 17 | | 104-25(a) of the Code of Criminal Procedure
of 1963 for | 18 | | the alleged violation or attempted commission of such | 19 | | offense;
or
| 20 | | (2) certified as a sexually dangerous person pursuant | 21 | | to the Illinois
Sexually Dangerous Persons Act, or any | 22 | | substantially similar federal, Uniform
Code of Military | 23 | | Justice, sister
state, or foreign country law; or
| 24 | | (3) subject to the provisions of Section 2 of the | 25 | | Interstate
Agreements on Sexually Dangerous Persons Act; | 26 | | or
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| 1 | | (4) found to be a sexually violent person pursuant to | 2 | | the Sexually
Violent Persons Commitment Act or any | 3 | | substantially similar federal, Uniform
Code of Military | 4 | | Justice, sister
state, or foreign country law; or
| 5 | | (5) adjudicated a juvenile delinquent as the result of | 6 | | committing or
attempting to commit an act which, if | 7 | | committed by an adult, would constitute
any of the offenses | 8 | | specified in item (B), (C), or (C-5) of this Section or a
| 9 | | violation of any substantially similar federal, Uniform | 10 | | Code of Military
Justice, sister state, or foreign
country | 11 | | law, or found guilty under Article V of the Juvenile Court | 12 | | Act of 1987
of committing or attempting to commit an act | 13 | | which, if committed by an adult,
would constitute any of | 14 | | the offenses specified in item (B), (C), or (C-5) of
this | 15 | | Section or a violation of any substantially similar | 16 | | federal, Uniform Code
of Military Justice, sister state,
or | 17 | | foreign country law.
| 18 | | Convictions that result from or are connected with the same | 19 | | act, or result
from offenses committed at the same time, shall | 20 | | be counted for the purpose of
this Article as one conviction. | 21 | | Any conviction set aside pursuant to law is
not a conviction | 22 | | for purposes of this Article.
| 23 | |
For purposes of this Section, "convicted" shall have the | 24 | | same meaning as
"adjudicated".
| 25 | | (B) As used in this Article, "sex offense" means:
| 26 | | (1) A violation of any of the following Sections of the |
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| 1 | | Criminal Code of
1961:
| 2 | | 11-20.1 (child pornography),
| 3 | | 11-20.1B or 11-20.3 (aggravated child | 4 | | pornography),
| 5 | | 11-6 (indecent solicitation of a child),
| 6 | | 11-9.1 (sexual exploitation of a child),
| 7 | | 11-9.2 (custodial sexual misconduct),
| 8 | | 11-9.5 (sexual misconduct with a person with a | 9 | | disability), | 10 | | 11-14.4 (promoting juvenile prostitution),
| 11 | | 11-15.1 (soliciting for a juvenile prostitute),
| 12 | | 11-18.1 (patronizing a juvenile prostitute),
| 13 | | 11-17.1 (keeping a place of juvenile | 14 | | prostitution),
| 15 | | 11-19.1 (juvenile pimping),
| 16 | | 11-19.2 (exploitation of a child),
| 17 | | 11-25 (grooming), | 18 | | 11-26 (traveling to meet a minor),
| 19 | | 11-1.20 or 12-13 (criminal sexual assault),
| 20 | | 11-1.30 or 12-14 (aggravated criminal sexual | 21 | | assault),
| 22 | | 11-1.40 or 12-14.1 (predatory criminal sexual | 23 | | assault of a child),
| 24 | | 11-1.50 or 12-15 (criminal sexual abuse),
| 25 | | 11-1.60 or 12-16 (aggravated criminal sexual | 26 | | abuse),
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| 1 | | 12-33 (ritualized abuse of a child).
| 2 | | An attempt to commit any of these offenses.
| 3 | | (1.5)
A violation of any of the following Sections of | 4 | | the
Criminal Code of 1961, when the victim is a person | 5 | | under 18 years of age, the
defendant is not a parent of the | 6 | | victim, the offense was sexually motivated as defined in | 7 | | Section 10 of the Sex Offender Management Board Act, and | 8 | | the offense was committed on or
after January 1, 1996:
| 9 | | 10-1 (kidnapping),
| 10 | | 10-2 (aggravated kidnapping),
| 11 | | 10-3 (unlawful restraint),
| 12 | | 10-3.1 (aggravated unlawful restraint).
| 13 | | If the offense was committed before January 1, 1996, it | 14 | | is a sex offense requiring registration only when the | 15 | | person is convicted of any felony after July 1, 2011, and | 16 | | paragraph (2.1) of subsection (c) of Section 3 of this Act | 17 | | applies.
| 18 | | (1.6)
First degree murder under Section 9-1 of the | 19 | | Criminal Code of 1961,
provided the offense was sexually | 20 | | motivated as defined in Section 10 of the Sex Offender | 21 | | Management Board Act.
| 22 | | (1.7) (Blank).
| 23 | | (1.8) A violation or attempted violation of Section | 24 | | 11-11 (sexual
relations within families) of the Criminal | 25 | | Code of 1961, and the offense was committed on or after
| 26 | | June 1, 1997. If the offense was committed before June 1, |
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| 1 | | 1997, it is a sex offense requiring registration only when | 2 | | the person is convicted of any felony after July 1, 2011, | 3 | | and paragraph (2.1) of subsection (c) of Section 3 of this | 4 | | Act applies.
| 5 | | (1.9) Child abduction under paragraph (10) of | 6 | | subsection
(b) of Section 10-5 of the Criminal Code of 1961 | 7 | | committed by luring or
attempting to lure a child under the | 8 | | age of 16 into a motor vehicle, building,
house trailer, or | 9 | | dwelling place without the consent of the parent or lawful
| 10 | | custodian of the child for other than a lawful purpose and | 11 | | the offense was
committed on or after January 1, 1998, | 12 | | provided the offense was sexually motivated as defined in | 13 | | Section 10 of the Sex Offender Management Board Act. If the | 14 | | offense was committed before January 1, 1998, it is a sex | 15 | | offense requiring registration only when the person is | 16 | | convicted of any felony after July 1, 2011, and paragraph | 17 | | (2.1) of subsection (c) of Section 3 of this Act applies.
| 18 | | (1.10) A violation or attempted violation of any of the | 19 | | following Sections
of the Criminal Code of 1961 when the | 20 | | offense was committed on or after July
1, 1999:
| 21 | | 10-4 (forcible detention, if the victim is under 18 | 22 | | years of age), provided the offense was sexually | 23 | | motivated as defined in Section 10 of the Sex Offender | 24 | | Management Board Act,
| 25 | | 11-6.5 (indecent solicitation of an adult),
| 26 | | 11-14.3 that involves soliciting for a prostitute, |
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| 1 | | or 11-15 (soliciting for a prostitute, if the victim is | 2 | | under 18 years
of age),
| 3 | | subdivision (a)(2)(A) or (a)(2)(B) of Section | 4 | | 11-14.3, or Section 11-16 (pandering, if the victim is | 5 | | under 18 years of age),
| 6 | | 11-18 (patronizing a prostitute, if the victim is | 7 | | under 18 years
of age),
| 8 | | subdivision (a)(2)(C) of Section 11-14.3, or | 9 | | Section 11-19 (pimping, if the victim is under 18 years | 10 | | of age).
| 11 | | If the offense was committed before July 1, 1999, it is | 12 | | a sex offense requiring registration only when the person | 13 | | is convicted of any felony after July 1, 2011, and | 14 | | paragraph (2.1) of subsection (c) of Section 3 of this Act | 15 | | applies.
| 16 | | (1.11) A violation or attempted violation of any of the | 17 | | following
Sections of the Criminal Code of 1961 when the | 18 | | offense was committed on or
after August 22, 2002:
| 19 | | 11-9 or 11-30 (public indecency for a third or | 20 | | subsequent conviction). | 21 | | If the third or subsequent conviction was imposed | 22 | | before August 22, 2002, it is a sex offense requiring | 23 | | registration only when the person is convicted of any | 24 | | felony after July 1, 2011, and paragraph (2.1) of | 25 | | subsection (c) of Section 3 of this Act applies.
| 26 | | (1.12) A violation or attempted violation of Section
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| 1 | | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the | 2 | | Criminal Code of 1961 (permitting sexual abuse) when the
| 3 | | offense was committed on or after August 22, 2002. If the | 4 | | offense was committed before August 22, 2002, it is a sex | 5 | | offense requiring registration only when the person is | 6 | | convicted of any felony after July 1, 2011, and paragraph | 7 | | (2.1) of subsection (c) of Section 3 of this Act applies.
| 8 | | (2) A violation of any former law of this State | 9 | | substantially equivalent
to any offense listed in | 10 | | subsection (B) of this Section.
| 11 | | (C) A conviction for an offense of federal law, Uniform | 12 | | Code of Military
Justice, or the law of another state
or a | 13 | | foreign country that is substantially equivalent to any offense | 14 | | listed
in subsections (B), (C), (E), and (E-5) of this Section | 15 | | shall
constitute a
conviction for the purpose
of this Article. | 16 | | A finding or adjudication as a sexually dangerous person
or a | 17 | | sexually violent person under any federal law, Uniform Code of | 18 | | Military
Justice, or the law of another state or
foreign | 19 | | country that is substantially equivalent to the Sexually | 20 | | Dangerous
Persons Act or the Sexually Violent Persons | 21 | | Commitment Act shall constitute an
adjudication for the | 22 | | purposes of this Article.
| 23 | | (C-5) A person at least 17 years of age at the time of the | 24 | | commission of
the offense who is convicted of first degree | 25 | | murder under Section 9-1 of the
Criminal Code of 1961, against | 26 | | a person
under 18 years of age, shall be required to register
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| 1 | | for natural life.
A conviction for an offense of federal, | 2 | | Uniform Code of Military Justice,
sister state, or foreign | 3 | | country law that is substantially equivalent to any
offense | 4 | | listed in subsection (C-5) of this Section shall constitute a
| 5 | | conviction for the purpose of this Article. This subsection | 6 | | (C-5) applies to a person who committed the offense before June | 7 | | 1, 1996 if: (i) the person is incarcerated in an Illinois | 8 | | Department of Corrections facility on August 20, 2004 (the | 9 | | effective date of Public Act 93-977), or (ii) subparagraph (i) | 10 | | does not apply and the person is convicted of any felony after | 11 | | July 1, 2011, and paragraph (2.1) of subsection (c) of Section | 12 | | 3 of this Act applies.
| 13 | | (C-6) A person who is convicted or adjudicated delinquent | 14 | | of first degree murder as defined in Section 9-1 of the | 15 | | Criminal Code of 1961, against a person 18 years of age or | 16 | | over, shall be required to register for his or her natural | 17 | | life. A conviction for an offense of federal, Uniform Code of | 18 | | Military Justice, sister state, or foreign country law that is | 19 | | substantially equivalent to any offense listed in subsection | 20 | | (C-6) of this Section shall constitute a conviction for the | 21 | | purpose of this Article. This subsection (C-6) does not apply | 22 | | to those individuals released from incarceration more than 10 | 23 | | years prior to January 1, 2012 ( the effective date of Public | 24 | | Act 97-154) this amendatory Act of the 97th General Assembly . | 25 | | (D) As used in this Article, "law enforcement agency having | 26 | | jurisdiction"
means the Chief of Police in each of the |
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| 1 | | municipalities in which the sex offender
expects to reside, | 2 | | work, or attend school (1) upon his or her discharge,
parole or | 3 | | release or
(2) during the service of his or her sentence of | 4 | | probation or conditional
discharge, or the Sheriff of the | 5 | | county, in the event no Police Chief exists
or if the offender | 6 | | intends to reside, work, or attend school in an
unincorporated | 7 | | area.
"Law enforcement agency having jurisdiction" includes | 8 | | the location where
out-of-state students attend school and | 9 | | where out-of-state employees are
employed or are otherwise | 10 | | required to register.
| 11 | | (D-1) As used in this Article, "supervising officer" means | 12 | | the assigned Illinois Department of Corrections parole agent or | 13 | | county probation officer. | 14 | | (E) As used in this Article, "sexual predator" means any | 15 | | person who,
after July 1, 1999, is:
| 16 | | (1) Convicted for an offense of federal, Uniform Code | 17 | | of Military
Justice, sister state, or foreign country law | 18 | | that is substantially equivalent
to any offense listed in | 19 | | subsection (E) or (E-5) of this Section shall constitute a
| 20 | | conviction for the purpose of this Article.
Convicted of a | 21 | | violation or attempted violation of any of the following
| 22 | | Sections of the
Criminal Code of 1961:
| 23 | | 10-5.1 (luring of a minor),
| 24 | | 11-14.4 that involves keeping a place of juvenile | 25 | | prostitution, or 11-17.1 (keeping a place of juvenile | 26 | | prostitution),
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| 1 | | subdivision (a)(2) or (a)(3) of Section 11-14.4, | 2 | | or Section 11-19.1 (juvenile pimping),
| 3 | | subdivision (a)(4) of Section 11-14.4, or Section | 4 | | 11-19.2 (exploitation of a child),
| 5 | | 11-20.1 (child pornography),
| 6 | | 11-20.1B or 11-20.3 (aggravated child | 7 | | pornography),
| 8 | | 11-1.20 or 12-13 (criminal sexual assault),
| 9 | | 11-1.30 or 12-14 (aggravated criminal sexual | 10 | | assault),
| 11 | | 11-1.40 or 12-14.1 (predatory criminal sexual | 12 | | assault of a child),
| 13 | | 11-1.60 or 12-16 (aggravated criminal sexual | 14 | | abuse),
| 15 | | 12-33 (ritualized abuse of a child);
| 16 | | (2) (blank);
| 17 | | (3) certified as a sexually dangerous person pursuant | 18 | | to the Sexually
Dangerous Persons Act or any substantially | 19 | | similar federal, Uniform Code of
Military Justice, sister | 20 | | state, or
foreign country law;
| 21 | | (4) found to be a sexually violent person pursuant to | 22 | | the Sexually Violent
Persons Commitment Act or any | 23 | | substantially similar federal, Uniform Code of
Military | 24 | | Justice, sister state, or
foreign country law;
| 25 | | (5) convicted of a second or subsequent offense which | 26 | | requires
registration pursuant to this Act. For purposes of |
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| 1 | | this paragraph
(5), "convicted" shall include a conviction | 2 | | under any
substantially similar
Illinois, federal, Uniform | 3 | | Code of Military Justice, sister state, or
foreign country | 4 | | law;
| 5 | | (6) (blank); or convicted of a second or subsequent | 6 | | offense of luring a minor under Section 10-5.1 of the | 7 | | Criminal Code of 1961; or | 8 | | (7) if the person was convicted of an offense set forth | 9 | | in this subsection (E) on or before July 1, 1999, the | 10 | | person is a sexual predator for whom registration is | 11 | | required only when the person is convicted of a felony | 12 | | offense after July 1, 2011, and paragraph (2.1) of | 13 | | subsection (c) of Section 3 of this Act applies. | 14 | | (E-5) As used in this Article, "sexual predator" also means | 15 | | a person convicted of a violation or attempted violation of any | 16 | | of the following
Sections of the
Criminal Code of 1961: | 17 | | (1) Section 9-1 (first degree murder,
when the victim | 18 | | was a person under 18 years of age and the defendant was at | 19 | | least
17 years of age at the time of the commission of the | 20 | | offense, provided the offense was sexually motivated as | 21 | | defined in Section 10 of the Sex Offender Management Board | 22 | | Act); | 23 | | (2) Section 11-9.5 (sexual misconduct with a person | 24 | | with a disability); | 25 | | (3) when the victim is a person under 18 years of age, | 26 | | the
defendant is not a parent of the victim, the offense |
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| 1 | | was sexually motivated as defined in Section 10 of the Sex | 2 | | Offender Management Board Act, and the offense was | 3 | | committed on or
after January 1, 1996: (A) Section 10-1 | 4 | | (kidnapping), (B) Section 10-2 (aggravated kidnapping), | 5 | | (C) Section 10-3 (unlawful restraint), and (D) Section | 6 | | 10-3.1 (aggravated unlawful restraint); and | 7 | | (4) Section 10-5(b)(10) (child abduction committed by | 8 | | luring or
attempting to lure a child under the age of 16 | 9 | | into a motor vehicle, building,
house trailer, or dwelling | 10 | | place without the consent of the parent or lawful
custodian | 11 | | of the child for other than a lawful purpose and the | 12 | | offense was
committed on or after January 1, 1998, provided | 13 | | the offense was sexually motivated as defined in Section 10 | 14 | | of the Sex Offender Management Board Act). | 15 | | (E-10) As used in this Article, "sexual predator" also | 16 | | means a person required to register in another State due to a | 17 | | conviction, adjudication or other action of any court | 18 | | triggering an obligation to register as a sex offender, sexual | 19 | | predator, or substantially similar status under the laws of | 20 | | that State. | 21 | | (F) As used in this Article, "out-of-state student" means | 22 | | any sex
offender, as defined in this Section,
or sexual | 23 | | predator who is enrolled in Illinois, on a full-time or | 24 | | part-time
basis, in any public or private educational | 25 | | institution, including, but not
limited to, any secondary | 26 | | school, trade or professional institution, or
institution of |
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| 1 | | higher learning.
| 2 | | (G) As used in this Article, "out-of-state employee" means | 3 | | any sex
offender, as defined in this Section,
or sexual | 4 | | predator who works in Illinois, regardless of whether the | 5 | | individual
receives payment for services performed, for a | 6 | | period of time of 10 or more days
or for an aggregate period of | 7 | | time of 30 or more days
during any calendar year.
Persons who | 8 | | operate motor vehicles in the State accrue one day of | 9 | | employment
time for any portion of a day spent in Illinois.
| 10 | | (H) As used in this Article, "school" means any public or | 11 | | private educational institution, including, but not limited | 12 | | to, any elementary or secondary school, trade or professional | 13 | | institution, or institution of higher education. | 14 | | (I) As used in this Article, "fixed residence" means any | 15 | | and all places that a sex offender resides for an aggregate | 16 | | period of time of 5 or more days in a calendar year.
| 17 | | (J) As used in this Article, "Internet protocol address" | 18 | | means the string of numbers by which a location on the Internet | 19 | | is identified by routers or other computers connected to the | 20 | | Internet. | 21 | | (Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11; | 22 | | 96-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; | 23 | | revised 9-27-11.)".
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