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Full Text of SB2220  99th General Assembly

SB2220 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2220

 

Introduced 1/13/2016, by Sen. Bill Cunningham

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/11-30  was 720 ILCS 5/11-9
730 ILCS 150/2  from Ch. 38, par. 222

    Amends the Criminal Code of 2012. Provides that public indecency also includes committing the proscribed acts while confined in a penal institution. Provides that a person convicted of a second or subsequent violation for public indecency while confined in a penal institution is guilty of a Class 4 felony. Amends the Sex Offender Registration Act. Includes in the definition of "sex offense", a second violation or attempted violation of public indecency while confined in a penal institution committed on or after the effective date of the amendatory Act. Effective immediately.


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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,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 11-30 as follows:
 
6    (720 ILCS 5/11-30)  (was 720 ILCS 5/11-9)
7    Sec. 11-30. Public indecency.
8    (a) Any person of the age of 17 years and upwards who
9performs any of the following acts in a public place or while
10confined in a penal institution, commits a public indecency:
11        (1) An act of sexual penetration or sexual conduct; or
12        (2) A lewd exposure of the body done with intent to
13    arouse or to satisfy the sexual desire of the person.
14    Breast-feeding of infants is not an act of public
15indecency.
16    (b) "Public place" for purposes of this Section means any
17place where the conduct may reasonably be expected to be viewed
18by others.
19    (c) Sentence.
20    Public indecency is a Class A misdemeanor. A person
21convicted of a third or subsequent violation for public
22indecency is guilty of a Class 4 felony. A person convicted of
23a second or subsequent violation for public indecency while

 

 

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1confined in a penal institution is guilty of a Class 4 felony.
2Public indecency is a Class 4 felony if committed by a person
318 years of age or older who is on or within 500 feet of
4elementary or secondary school grounds when children are
5present on the grounds.
6(Source: P.A. 96-1098, eff. 1-1-11; 96-1551, eff. 7-1-11.)
 
7    Section 10. The Sex Offender Registration Act is amended by
8changing Section 2 as follows:
 
9    (730 ILCS 150/2)  (from Ch. 38, par. 222)
10    Sec. 2. Definitions.
11    (A) As used in this Article, "sex offender" means any
12person who is:
13        (1) charged pursuant to Illinois law, or any
14    substantially similar federal, Uniform Code of Military
15    Justice, sister state, or foreign country law, with a sex
16    offense set forth in subsection (B) of this Section or the
17    attempt to commit an included sex offense, and:
18            (a) is convicted of such offense or an attempt to
19        commit such offense; or
20            (b) is found not guilty by reason of insanity of
21        such offense or an attempt to commit such offense; or
22            (c) is found not guilty by reason of insanity
23        pursuant to Section 104-25(c) of the Code of Criminal
24        Procedure of 1963 of such offense or an attempt to

 

 

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1        commit such offense; or
2            (d) is the subject of a finding not resulting in an
3        acquittal at a hearing conducted pursuant to Section
4        104-25(a) of the Code of Criminal Procedure of 1963 for
5        the alleged commission or attempted commission of such
6        offense; or
7            (e) is found not guilty by reason of insanity
8        following a hearing conducted pursuant to a federal,
9        Uniform Code of Military Justice, sister state, or
10        foreign country law substantially similar to Section
11        104-25(c) of the Code of Criminal Procedure of 1963 of
12        such offense or of the attempted commission of such
13        offense; or
14            (f) is the subject of a finding not resulting in an
15        acquittal at 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(a) of the Code of Criminal Procedure of 1963 for
19        the alleged violation or attempted commission of such
20        offense; or
21        (2) declared as a sexually dangerous person pursuant to
22    the Illinois Sexually Dangerous Persons Act, or any
23    substantially similar federal, Uniform Code of Military
24    Justice, sister state, or foreign country law; or
25        (3) subject to the provisions of Section 2 of the
26    Interstate Agreements on Sexually Dangerous Persons Act;

 

 

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1    or
2        (4) found to be a sexually violent person pursuant to
3    the Sexually Violent Persons Commitment Act or any
4    substantially similar federal, Uniform Code of Military
5    Justice, sister state, or foreign country law; or
6        (5) adjudicated a juvenile delinquent as the result of
7    committing or attempting to commit an act which, if
8    committed by an adult, would constitute any of the offenses
9    specified in item (B), (C), or (C-5) of this Section or a
10    violation of any substantially similar federal, Uniform
11    Code of Military Justice, sister state, or foreign country
12    law, or found guilty under Article V of the Juvenile Court
13    Act of 1987 of committing or attempting to commit an act
14    which, if committed by an adult, would constitute any of
15    the offenses specified in item (B), (C), or (C-5) of this
16    Section or a violation of any substantially similar
17    federal, Uniform Code of Military Justice, sister state, or
18    foreign country law.
19    Convictions that result from or are connected with the same
20act, or result from offenses committed at the same time, shall
21be counted for the purpose of this Article as one conviction.
22Any conviction set aside pursuant to law is not a conviction
23for purposes of this Article.
24     For purposes of this Section, "convicted" shall have the
25same meaning as "adjudicated".
26    (B) As used in this Article, "sex offense" means:

 

 

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1        (1) A violation of any of the following Sections of the
2    Criminal Code of 1961 or the Criminal Code of 2012:
3            11-20.1 (child pornography),
4            11-20.1B or 11-20.3 (aggravated child
5        pornography),
6            11-6 (indecent solicitation of a child),
7            11-9.1 (sexual exploitation of a child),
8            11-9.2 (custodial sexual misconduct),
9            11-9.5 (sexual misconduct with a person with a
10        disability),
11            11-14.4 (promoting juvenile prostitution),
12            11-15.1 (soliciting for a juvenile prostitute),
13            11-18.1 (patronizing a juvenile prostitute),
14            11-17.1 (keeping a place of juvenile
15        prostitution),
16            11-19.1 (juvenile pimping),
17            11-19.2 (exploitation of a child),
18            11-25 (grooming),
19            11-26 (traveling to meet a minor),
20            11-1.20 or 12-13 (criminal sexual assault),
21            11-1.30 or 12-14 (aggravated criminal sexual
22        assault),
23            11-1.40 or 12-14.1 (predatory criminal sexual
24        assault of a child),
25            11-1.50 or 12-15 (criminal sexual abuse),
26            11-1.60 or 12-16 (aggravated criminal sexual

 

 

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1        abuse),
2            12-33 (ritualized abuse of a child).
3            An attempt to commit any of these offenses.
4        (1.5) A violation of any of the following Sections of
5    the Criminal Code of 1961 or the Criminal Code of 2012,
6    when the victim is a person under 18 years of age, the
7    defendant is not a parent of the victim, the offense was
8    sexually motivated as defined in Section 10 of the Sex
9    Offender Evaluation and Treatment Act, and the offense was
10    committed on or after January 1, 1996:
11            10-1 (kidnapping),
12            10-2 (aggravated kidnapping),
13            10-3 (unlawful restraint),
14            10-3.1 (aggravated unlawful restraint).
15        If the offense was committed before January 1, 1996, it
16    is a sex offense requiring registration only when the
17    person is convicted of any felony after July 1, 2011, and
18    paragraph (2.1) of subsection (c) of Section 3 of this Act
19    applies.
20        (1.6) First degree murder under Section 9-1 of the
21    Criminal Code of 1961 or the Criminal Code of 2012,
22    provided the offense was sexually motivated as defined in
23    Section 10 of the Sex Offender Management Board Act.
24        (1.7) (Blank).
25        (1.8) A violation or attempted violation of Section
26    11-11 (sexual relations within families) of the Criminal

 

 

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1    Code of 1961 or the Criminal Code of 2012, and the offense
2    was committed on or after June 1, 1997. If the offense was
3    committed before June 1, 1997, it is a sex offense
4    requiring registration only when the person is convicted of
5    any felony after July 1, 2011, and paragraph (2.1) of
6    subsection (c) of Section 3 of this Act applies.
7        (1.9) Child abduction under paragraph (10) of
8    subsection (b) of Section 10-5 of the Criminal Code of 1961
9    or the Criminal Code of 2012 committed by luring or
10    attempting to lure a child under the age of 16 into a motor
11    vehicle, building, house trailer, or dwelling place
12    without the consent of the parent or lawful custodian of
13    the child for other than a lawful purpose and the offense
14    was committed on or after January 1, 1998, provided the
15    offense was sexually motivated as defined in Section 10 of
16    the Sex Offender Management Board Act. If the offense was
17    committed before January 1, 1998, it is a sex offense
18    requiring registration only when the person is convicted of
19    any felony after July 1, 2011, and paragraph (2.1) of
20    subsection (c) of Section 3 of this Act applies.
21        (1.10) A violation or attempted violation of any of the
22    following Sections of the Criminal Code of 1961 or the
23    Criminal Code of 2012 when the offense was committed on or
24    after July 1, 1999:
25            10-4 (forcible detention, if the victim is under 18
26        years of age), provided the offense was sexually

 

 

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1        motivated as defined in Section 10 of the Sex Offender
2        Management Board Act,
3            11-6.5 (indecent solicitation of an adult),
4            11-14.3 that involves soliciting for a prostitute,
5        or 11-15 (soliciting for a prostitute, if the victim is
6        under 18 years of age),
7            subdivision (a)(2)(A) or (a)(2)(B) of Section
8        11-14.3, or Section 11-16 (pandering, if the victim is
9        under 18 years of age),
10            11-18 (patronizing a prostitute, if the victim is
11        under 18 years of age),
12            subdivision (a)(2)(C) of Section 11-14.3, or
13        Section 11-19 (pimping, if the victim is under 18 years
14        of age).
15        If the offense was committed before July 1, 1999, it is
16    a sex offense requiring registration only when the person
17    is convicted of any felony after July 1, 2011, and
18    paragraph (2.1) of subsection (c) of Section 3 of this Act
19    applies.
20        (1.11) A violation or attempted violation of any of the
21    following Sections of the Criminal Code of 1961 or the
22    Criminal Code of 2012 when the offense was committed on or
23    after August 22, 2002:
24            11-9 or 11-30 (public indecency for a third or
25        subsequent conviction).
26        If the third or subsequent conviction was imposed

 

 

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1    before August 22, 2002, it is a sex offense requiring
2    registration only when the person is convicted of any
3    felony after July 1, 2011, and paragraph (2.1) of
4    subsection (c) of Section 3 of this Act applies.
5        (1.12) A violation or attempted violation of Section
6    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
7    Criminal Code of 1961 or the Criminal Code of 2012
8    (permitting sexual abuse) when the offense was committed on
9    or after August 22, 2002. If the offense was committed
10    before August 22, 2002, it is a sex offense requiring
11    registration only when the person is convicted of any
12    felony after July 1, 2011, and paragraph (2.1) of
13    subsection (c) of Section 3 of this Act applies.
14        (1.13) A second violation or attempted violation of
15    Section 11-30 (public indecency while confined in a penal
16    institution) of the Criminal Code of 2012 committed on or
17    after the effective date of this amendatory Act of the 99th
18    General Assembly.
19        (2) A violation of any former law of this State
20    substantially equivalent to any offense listed in
21    subsection (B) of this Section.
22    (C) A conviction for an offense of federal law, Uniform
23Code of Military Justice, or the law of another state or a
24foreign country that is substantially equivalent to any offense
25listed in subsections (B), (C), (E), and (E-5) of this Section
26shall constitute a conviction for the purpose of this Article.

 

 

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1A finding or adjudication as a sexually dangerous person or a
2sexually violent person under any federal law, Uniform Code of
3Military Justice, or the law of another state or foreign
4country that is substantially equivalent to the Sexually
5Dangerous Persons Act or the Sexually Violent Persons
6Commitment Act shall constitute an adjudication for the
7purposes of this Article.
8    (C-5) A person at least 17 years of age at the time of the
9commission of the offense who is convicted of first degree
10murder under Section 9-1 of the Criminal Code of 1961 or the
11Criminal Code of 2012, against a person under 18 years of age,
12shall be required to register for natural life. A conviction
13for an offense of federal, Uniform Code of Military Justice,
14sister state, or foreign country law that is substantially
15equivalent to any offense listed in subsection (C-5) of this
16Section shall constitute a conviction for the purpose of this
17Article. This subsection (C-5) applies to a person who
18committed the offense before June 1, 1996 if: (i) the person is
19incarcerated in an Illinois Department of Corrections facility
20on August 20, 2004 (the effective date of Public Act 93-977),
21or (ii) subparagraph (i) does not apply and the person is
22convicted of any felony after July 1, 2011, and paragraph (2.1)
23of subsection (c) of Section 3 of this Act applies.
24    (C-6) A person who is convicted or adjudicated delinquent
25of first degree murder as defined in Section 9-1 of the
26Criminal Code of 1961 or the Criminal Code of 2012, against a

 

 

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1person 18 years of age or over, shall be required to register
2for his or her natural life. A conviction for an offense of
3federal, Uniform Code of Military Justice, sister state, or
4foreign country law that is substantially equivalent to any
5offense listed in subsection (C-6) of this Section shall
6constitute a conviction for the purpose of this Article. This
7subsection (C-6) does not apply to those individuals released
8from incarceration more than 10 years prior to January 1, 2012
9(the effective date of Public Act 97-154).
10    (D) As used in this Article, "law enforcement agency having
11jurisdiction" means the Chief of Police in each of the
12municipalities in which the sex offender expects to reside,
13work, or attend school (1) upon his or her discharge, parole or
14release or (2) during the service of his or her sentence of
15probation or conditional discharge, or the Sheriff of the
16county, in the event no Police Chief exists or if the offender
17intends to reside, work, or attend school in an unincorporated
18area. "Law enforcement agency having jurisdiction" includes
19the location where out-of-state students attend school and
20where out-of-state employees are employed or are otherwise
21required to register.
22    (D-1) As used in this Article, "supervising officer" means
23the assigned Illinois Department of Corrections parole agent or
24county probation officer.
25    (E) As used in this Article, "sexual predator" means any
26person who, after July 1, 1999, is:

 

 

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1        (1) Convicted for an offense of federal, Uniform Code
2    of Military Justice, sister state, or foreign country law
3    that is substantially equivalent to any offense listed in
4    subsection (E) or (E-5) of this Section shall constitute a
5    conviction for the purpose of this Article. Convicted of a
6    violation or attempted violation of any of the following
7    Sections of the Criminal Code of 1961 or the Criminal Code
8    of 2012:
9            10-5.1 (luring of a minor),
10            11-14.4 that involves keeping a place of juvenile
11        prostitution, or 11-17.1 (keeping a place of juvenile
12        prostitution),
13            subdivision (a)(2) or (a)(3) of Section 11-14.4,
14        or Section 11-19.1 (juvenile pimping),
15            subdivision (a)(4) of Section 11-14.4, or Section
16        11-19.2 (exploitation of a child),
17            11-20.1 (child pornography),
18            11-20.1B or 11-20.3 (aggravated child
19        pornography),
20            11-1.20 or 12-13 (criminal sexual assault),
21            11-1.30 or 12-14 (aggravated criminal sexual
22        assault),
23            11-1.40 or 12-14.1 (predatory criminal sexual
24        assault of a child),
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        (2) (blank);
3        (3) declared as a sexually dangerous person pursuant to
4    the Sexually Dangerous Persons Act or any substantially
5    similar federal, Uniform Code of Military Justice, sister
6    state, or foreign country law;
7        (4) found to be a sexually violent person pursuant to
8    the Sexually Violent Persons Commitment Act or any
9    substantially similar federal, Uniform Code of Military
10    Justice, sister state, or foreign country law;
11        (5) convicted of a second or subsequent offense which
12    requires registration pursuant to this Act. For purposes of
13    this paragraph (5), "convicted" shall include a conviction
14    under any substantially similar Illinois, federal, Uniform
15    Code of Military Justice, sister state, or foreign country
16    law;
17        (6) (blank); or
18        (7) if the person was convicted of an offense set forth
19    in this subsection (E) on or before July 1, 1999, the
20    person is a sexual predator for whom registration is
21    required only when the person is convicted of a felony
22    offense after July 1, 2011, and paragraph (2.1) of
23    subsection (c) of Section 3 of this Act applies.
24    (E-5) As used in this Article, "sexual predator" also means
25a person convicted of a violation or attempted violation of any
26of the following Sections of the Criminal Code of 1961 or the

 

 

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1Criminal Code of 2012:
2        (1) Section 9-1 (first degree murder, when the victim
3    was a person under 18 years of age and the defendant was at
4    least 17 years of age at the time of the commission of the
5    offense, provided the offense was sexually motivated as
6    defined in Section 10 of the Sex Offender Management Board
7    Act);
8        (2) Section 11-9.5 (sexual misconduct with a person
9    with a disability);
10        (3) when the victim is a person under 18 years of age,
11    the defendant is not a parent of the victim, the offense
12    was sexually motivated as defined in Section 10 of the Sex
13    Offender Management Board Act, and the offense was
14    committed on or after January 1, 1996: (A) Section 10-1
15    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
16    (C) Section 10-3 (unlawful restraint), and (D) Section
17    10-3.1 (aggravated unlawful restraint); and
18        (4) Section 10-5(b)(10) (child abduction committed by
19    luring or attempting to lure a child under the age of 16
20    into a motor vehicle, building, house trailer, or dwelling
21    place without the consent of the parent or lawful custodian
22    of the child for other than a lawful purpose and the
23    offense was committed on or after January 1, 1998, provided
24    the offense was sexually motivated as defined in Section 10
25    of the Sex Offender Management Board Act).
26    (E-10) As used in this Article, "sexual predator" also

 

 

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1means a person required to register in another State due to a
2conviction, adjudication or other action of any court
3triggering an obligation to register as a sex offender, sexual
4predator, or substantially similar status under the laws of
5that State.
6    (F) As used in this Article, "out-of-state student" means
7any sex offender, as defined in this Section, or sexual
8predator who is enrolled in Illinois, on a full-time or
9part-time basis, in any public or private educational
10institution, including, but not limited to, any secondary
11school, trade or professional institution, or institution of
12higher learning.
13    (G) As used in this Article, "out-of-state employee" means
14any sex offender, as defined in this Section, or sexual
15predator who works in Illinois, regardless of whether the
16individual receives payment for services performed, for a
17period of time of 10 or more days or for an aggregate period of
18time of 30 or more days during any calendar year. Persons who
19operate motor vehicles in the State accrue one day of
20employment time for any portion of a day spent in Illinois.
21    (H) As used in this Article, "school" means any public or
22private educational institution, including, but not limited
23to, any elementary or secondary school, trade or professional
24institution, or institution of higher education.
25    (I) As used in this Article, "fixed residence" means any
26and all places that a sex offender resides for an aggregate

 

 

SB2220- 16 -LRB099 15045 RLC 39254 b

1period of time of 5 or more days in a calendar year.
2    (J) As used in this Article, "Internet protocol address"
3means the string of numbers by which a location on the Internet
4is identified by routers or other computers connected to the
5Internet.
6(Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11;
796-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12;
897-1073, eff. 1-1-13; 97-1098, eff. 1-1-13; 97-1109, eff.
91-1-13; 97-1150, eff. 1-25-13.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.