Full Text of SB1321 100th General Assembly
SB1321enr 100TH GENERAL ASSEMBLY |
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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 Sex Offender Management Board Act is amended | 5 | | by changing Section 10 as follows: | 6 | | (20 ILCS 4026/10)
| 7 | | Sec. 10. Definitions. In this Act, unless the context | 8 | | otherwise
requires:
| 9 | | (a) "Board" means the Sex Offender Management Board created | 10 | | in Section 15.
| 11 | | (b) "Sex offender" means any person who is convicted or | 12 | | found delinquent in
the State of Illinois, or under any | 13 | | substantially similar federal law or
law of another state, of | 14 | | any sex offense or attempt of a sex offense as defined
in
| 15 | | subsection (c) of this Section, or any former statute of this | 16 | | State that
defined a felony sex offense, or who has been | 17 | | declared as a sexually dangerous
person under the Sexually | 18 | | Dangerous Persons Act or declared a sexually
violent person | 19 | | under the Sexually Violent Persons Commitment Act, or any
| 20 | | substantially similar
federal law or law of another state.
| 21 | | (c) "Sex offense" means any felony or misdemeanor offense | 22 | | described in this
subsection (c) as follows:
| 23 | | (1) Indecent solicitation of a child, in violation of |
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| 1 | | Section 11-6 of the
Criminal Code of 1961 or the Criminal | 2 | | Code of 2012;
| 3 | | (2) Indecent solicitation of an adult, in violation of | 4 | | Section 11-6.5 of
the Criminal Code of 1961 or the Criminal | 5 | | Code of 2012;
| 6 | | (3) Public indecency, in violation of Section 11-9 or | 7 | | 11-30 of the Criminal Code of
1961 or the Criminal Code of | 8 | | 2012;
| 9 | | (4) Sexual exploitation of a child, in violation of | 10 | | Section 11-9.1 of the
Criminal Code of 1961 or the Criminal | 11 | | Code of 2012;
| 12 | | (5) Sexual relations within families, in violation of | 13 | | Section 11-11 of the
Criminal Code of 1961 or the Criminal | 14 | | Code of 2012;
| 15 | | (6) Promoting juvenile prostitution or soliciting for | 16 | | a juvenile prostitute, in violation of Section 11-14.4 or | 17 | | 11-15.1
of
the Criminal Code of 1961 or the Criminal Code | 18 | | of 2012;
| 19 | | (7) Promoting juvenile prostitution or keeping a place | 20 | | of juvenile prostitution, in violation of Section
11-14.4 | 21 | | or 11-17.1 of the Criminal Code of 1961 or the Criminal | 22 | | Code of 2012;
| 23 | | (8) Patronizing a juvenile prostitute, in violation of | 24 | | Section 11-18.1 of
the Criminal Code of 1961 or the | 25 | | Criminal Code of 2012;
| 26 | | (9) Promoting juvenile prostitution or juvenile |
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| 1 | | pimping, in violation of Section 11-14.4 or 11-19.1 of the | 2 | | Criminal
Code
of 1961 or the Criminal Code of 2012;
| 3 | | (10) promoting juvenile prostitution or exploitation | 4 | | of a child, in violation of Section 11-14.4 or 11-19.2 of | 5 | | the
Criminal Code of 1961 or the Criminal Code of 2012;
| 6 | | (11) Child pornography, in violation of Section | 7 | | 11-20.1 of the Criminal
Code
of 1961 or the Criminal Code | 8 | | of 2012;
| 9 | | (11.5) Aggravated child pornography, in violation of | 10 | | Section 11-20.1B or 11-20.3 of the Criminal Code of 1961; | 11 | | (12) Harmful material, in violation of Section 11-21 of | 12 | | the Criminal Code
of
1961 or the Criminal Code of 2012;
| 13 | | (13) Criminal sexual assault, in violation of Section | 14 | | 11-1.20 or 12-13 of the
Criminal
Code of 1961 or the | 15 | | Criminal Code of 2012;
| 16 | | (13.5) Grooming, in violation of Section 11-25 of the | 17 | | Criminal Code of 1961 or the Criminal Code of 2012; | 18 | | (14) Aggravated criminal sexual assault, in violation | 19 | | of Section 11-1.30 or 12-14 of
the Criminal Code of 1961 or | 20 | | the Criminal Code of 2012;
| 21 | | (14.5) Traveling to meet a minor or traveling to meet a | 22 | | child , in violation of Section 11-26 of the Criminal Code | 23 | | of
1961 or the Criminal Code of 2012; | 24 | | (15) Predatory criminal sexual assault of a child, in | 25 | | violation of Section
11-1.40 or 12-14.1 of the Criminal | 26 | | Code of 1961 or the Criminal Code of 2012;
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| 1 | | (16) Criminal sexual abuse, in violation of Section | 2 | | 11-1.50 or 12-15 of the Criminal
Code of 1961 or the | 3 | | Criminal Code of 2012;
| 4 | | (17) Aggravated criminal sexual abuse, in violation of | 5 | | Section 11-1.60 or 12-16 of
the
Criminal Code of 1961 or | 6 | | the Criminal Code of 2012;
| 7 | | (18) Ritualized abuse of a child, in violation of | 8 | | Section 12-33 of the
Criminal Code of 1961 or the Criminal | 9 | | Code of 2012;
| 10 | | (19) An attempt to commit any of the offenses | 11 | | enumerated in this
subsection
(c); or
| 12 | | (20) Any felony offense under Illinois law that is | 13 | | sexually motivated.
| 14 | | (d) "Management" means treatment, and supervision of any | 15 | | sex
offender that conforms to the standards created by the | 16 | | Board under
Section 15.
| 17 | | (e) "Sexually motivated" means one or more of the facts of | 18 | | the underlying
offense indicates conduct that is of a sexual | 19 | | nature or that shows an intent to
engage in behavior of a | 20 | | sexual nature.
| 21 | | (f) "Sex offender evaluator" means a person licensed under | 22 | | the Sex Offender Evaluation and Treatment Provider Act to | 23 | | conduct sex offender evaluations. | 24 | | (g) "Sex offender treatment provider" means a person | 25 | | licensed under the Sex Offender Evaluation and Treatment | 26 | | Provider Act to provide sex offender treatment services. |
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| 1 | | (h) "Associate sex offender provider" means a person | 2 | | licensed under the Sex Offender Evaluation and Treatment | 3 | | Provider Act to provide sex offender evaluations and to provide | 4 | | sex offender treatment under the supervision of a licensed sex | 5 | | offender evaluator or a licensed sex offender treatment | 6 | | provider. | 7 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1098, eff. 1-1-13; | 8 | | 97-1150, eff. 1-25-13.)
| 9 | | Section 10. The Criminal Code of 2012 is amended by | 10 | | changing Sections 11-9.3, 11-25, and 11-26 as follows:
| 11 | | (720 ILCS 5/11-9.3)
| 12 | | Sec. 11-9.3. Presence within school zone by child sex
| 13 | | offenders prohibited; approaching, contacting, residing with, | 14 | | or communicating with a child within certain places by child | 15 | | sex offenders prohibited.
| 16 | | (a) It is unlawful for a child sex offender to knowingly be | 17 | | present in any
school building, on real property comprising any | 18 | | school, or in any conveyance
owned, leased, or contracted by a | 19 | | school to transport students to or from
school or a school | 20 | | related activity when persons under the age of 18 are
present | 21 | | in the building, on the grounds or in
the conveyance, unless | 22 | | the offender is a parent or guardian of a student attending the | 23 | | school and the parent or guardian is: (i) attending a | 24 | | conference at the school with school personnel to discuss the |
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| 1 | | progress of his or her child academically or socially, (ii) | 2 | | participating in child review conferences in which evaluation | 3 | | and placement decisions may be made with respect to his or her | 4 | | child regarding special education services, or (iii) attending | 5 | | conferences to discuss other student issues concerning his or | 6 | | her child such as retention and promotion and notifies the | 7 | | principal of the school of his or her presence at the school or | 8 | | unless the
offender has permission to be present from the
| 9 | | superintendent or the school board or in the case of a private | 10 | | school from the
principal. In the case of a public school, if | 11 | | permission is granted, the
superintendent or school board | 12 | | president must inform the principal of the
school where the sex | 13 | | offender will be present. Notification includes the
nature of | 14 | | the sex offender's visit and the hours in which the sex | 15 | | offender will
be present in the school. The sex offender is | 16 | | responsible for notifying the
principal's office when he or she | 17 | | arrives on school property and when he or she
departs from | 18 | | school property. If the sex offender is to be present in the
| 19 | | vicinity of children, the sex offender has the duty to remain | 20 | | under the direct
supervision of a school official.
| 21 | | (a-5) It is unlawful for a child sex offender to knowingly | 22 | | be present within 100 feet of a site posted as a pick-up or | 23 | | discharge stop for a conveyance owned, leased, or contracted by | 24 | | a school to transport students to or from school or a school | 25 | | related activity when one or more persons under the age of 18 | 26 | | are present at the site.
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| 1 | | (a-10) It is unlawful for a child sex offender to knowingly | 2 | | be present in any
public park building, a playground or | 3 | | recreation area within any publicly accessible privately owned | 4 | | building, or on real property comprising any public park
when | 5 | | persons under the age of
18 are
present in the building or on | 6 | | the grounds
and to approach, contact, or communicate with a | 7 | | child under 18 years of
age,
unless the
offender
is a parent or | 8 | | guardian of a person under 18 years of age present in the
| 9 | | building or on the
grounds. | 10 | | (b) It is unlawful for a child sex offender to knowingly | 11 | | loiter within 500 feet of a school building or real property | 12 | | comprising any school
while persons under the age of 18 are | 13 | | present in the building or on the
grounds,
unless the offender | 14 | | is a parent or guardian of a student attending the school and | 15 | | the parent or guardian is: (i) attending a conference at the | 16 | | school with school personnel to discuss the progress of his or | 17 | | her child academically or socially, (ii) participating in child | 18 | | review conferences in which evaluation and placement decisions | 19 | | may be made with respect to his or her child regarding special | 20 | | education services, or (iii) attending conferences to discuss | 21 | | other student issues concerning his or her child such as | 22 | | retention and promotion and notifies the principal of the | 23 | | school of his or her presence at the school or has permission | 24 | | to be present from the
superintendent or the school board or in | 25 | | the case of a private school from the
principal. In the case of | 26 | | a public school, if permission is granted, the
superintendent |
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| 1 | | or school board president must inform the principal of the
| 2 | | school where the sex offender will be present. Notification | 3 | | includes the
nature of the sex offender's visit and the hours | 4 | | in which the sex offender will
be present in the school. The | 5 | | sex offender is responsible for notifying the
principal's | 6 | | office when he or she arrives on school property and when he or | 7 | | she
departs from school property. If the sex offender is to be | 8 | | present in the
vicinity of children, the sex offender has the | 9 | | duty to remain under the direct
supervision of a school | 10 | | official.
| 11 | | (b-2) It is unlawful for a child sex offender to knowingly | 12 | | loiter on a public
way within 500 feet of a public park | 13 | | building or real property comprising any
public park while | 14 | | persons under the age of 18 are present in the building or on | 15 | | the
grounds
and to approach, contact, or communicate with a | 16 | | child under 18 years of
age,
unless the offender
is a parent or | 17 | | guardian of a person under 18 years of age present in the
| 18 | | building or on the grounds. | 19 | | (b-5) It is unlawful for a child sex offender to knowingly | 20 | | reside within
500 feet of a school building or the real | 21 | | property comprising any school that
persons under the age of 18 | 22 | | attend. Nothing in this subsection (b-5) prohibits
a child sex | 23 | | offender from residing within 500 feet of a school building or | 24 | | the
real property comprising any school that persons under 18 | 25 | | attend if the
property is owned by the child sex offender and | 26 | | was purchased before July 7, 2000 (the
effective date of Public |
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| 1 | | Act 91-911).
| 2 | | (b-10) It is unlawful for a child sex offender to knowingly | 3 | | reside within
500 feet of a playground, child care institution, | 4 | | day care center, part day child care facility, day care home, | 5 | | group day care home, or a facility providing programs or | 6 | | services
exclusively directed toward persons under 18 years of | 7 | | age. Nothing in this
subsection (b-10) prohibits a child sex | 8 | | offender from residing within 500 feet
of a playground or a | 9 | | facility providing programs or services exclusively
directed | 10 | | toward persons under 18 years of age if the property is owned | 11 | | by the
child sex offender and was purchased before July 7, | 12 | | 2000. Nothing in this
subsection (b-10) prohibits a child sex | 13 | | offender from residing within 500 feet
of a child care | 14 | | institution, day care center, or part day child care facility | 15 | | if the property is owned by the
child sex offender and was | 16 | | purchased before June 26, 2006. Nothing in this subsection | 17 | | (b-10) prohibits a child sex offender from residing within 500 | 18 | | feet of a day care home or group day care home if the property | 19 | | is owned by the child sex offender and was purchased before | 20 | | August 14, 2008 (the effective date of Public Act 95-821). | 21 | | (b-15) It is unlawful for a child sex offender to knowingly | 22 | | reside within
500 feet of the victim of the sex offense. | 23 | | Nothing in this
subsection (b-15) prohibits a child sex | 24 | | offender from residing within 500 feet
of the victim if the | 25 | | property in which the child sex offender resides is owned by | 26 | | the
child sex offender and was purchased before August 22, |
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| 1 | | 2002. | 2 | | This subsection (b-15) does not apply if the victim of the | 3 | | sex offense
is 21 years of age or older. | 4 | | (b-20) It is unlawful for a child sex offender to knowingly | 5 | | communicate, other than for a lawful purpose under Illinois | 6 | | law, using the Internet or any other digital media, with a | 7 | | person under 18 years of age or with a person whom he or she | 8 | | believes to be a person under 18 years of age,
unless the | 9 | | offender
is a parent or guardian of the person under 18 years | 10 | | of age. | 11 | | (c) It is unlawful for a child sex offender to knowingly | 12 | | operate, manage,
be employed by, volunteer at, be associated | 13 | | with, or knowingly be present at
any: (i) facility providing
| 14 | | programs or services exclusively directed toward persons under | 15 | | the age of 18; (ii) day care center; (iii) part day child care | 16 | | facility; (iv) child care institution; (v) school providing | 17 | | before and after school programs for children under 18 years of | 18 | | age; (vi) day care home; or (vii) group day care home.
This | 19 | | does not prohibit a child sex offender from owning the real | 20 | | property upon
which the programs or services are offered or | 21 | | upon which the day care center, part day child care facility, | 22 | | child care institution, or school providing before and after | 23 | | school programs for children under 18 years of age is located, | 24 | | provided the child sex offender
refrains from being present on | 25 | | the premises for the hours during which: (1) the
programs or | 26 | | services are being offered or (2) the day care center, part day |
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| 1 | | child care facility, child care institution, or school | 2 | | providing before and after school programs for children under | 3 | | 18 years of age, day care home, or group day care home is | 4 | | operated. | 5 | | (c-2) It is unlawful for a child sex offender to | 6 | | participate in a holiday event involving children under 18 | 7 | | years of age, including but not limited to distributing candy | 8 | | or other items to children on Halloween, wearing a Santa Claus | 9 | | costume on or preceding Christmas, being employed as a | 10 | | department store Santa Claus, or wearing an Easter Bunny | 11 | | costume on or preceding Easter. For the purposes of this | 12 | | subsection, child sex offender has the meaning as defined in | 13 | | this Section, but does not include as a sex offense under | 14 | | paragraph (2) of subsection (d) of this Section, the offense | 15 | | under subsection (c) of Section 11-1.50 of this Code. This | 16 | | subsection does not apply to a child sex offender who is a | 17 | | parent or guardian of children under 18 years of age that are | 18 | | present in the home and other non-familial minors are not | 19 | | present. | 20 | | (c-5) It is unlawful for a child sex offender to knowingly | 21 | | operate, manage, be employed by, or be associated with any | 22 | | county fair when persons under the age of 18 are present. | 23 | | (c-6) It is unlawful for a child sex offender who owns and | 24 | | resides at residential real estate to knowingly rent any | 25 | | residential unit within the same building in which he or she | 26 | | resides to a person who is the parent or guardian of a child or |
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| 1 | | children under 18 years of age. This subsection shall apply | 2 | | only to leases or other rental arrangements entered into after | 3 | | January 1, 2009 (the effective date of Public Act 95-820). | 4 | | (c-7) It is unlawful for a child sex offender to knowingly | 5 | | offer or provide any programs or services to persons under 18 | 6 | | years of age in his or her residence or the residence of | 7 | | another or in any facility for the purpose of offering or | 8 | | providing such programs or services, whether such programs or | 9 | | services are offered or provided by contract, agreement, | 10 | | arrangement, or on a volunteer basis. | 11 | | (c-8) It is unlawful for a child sex offender to knowingly | 12 | | operate, whether authorized to do so or not, any of the | 13 | | following vehicles: (1) a vehicle which is specifically | 14 | | designed, constructed or modified and equipped to be used for | 15 | | the retail sale of food or beverages, including but not limited | 16 | | to an ice cream truck; (2) an authorized emergency vehicle; or | 17 | | (3) a rescue vehicle. | 18 | | (d) Definitions. In this Section:
| 19 | | (1) "Child sex offender" means any person who:
| 20 | | (i) has been charged under Illinois law, or any | 21 | | substantially similar
federal law
or law of another | 22 | | state, with a sex offense set forth in
paragraph (2) of | 23 | | this subsection (d) or the attempt to commit an | 24 | | included sex
offense, and the victim is a person under | 25 | | 18 years of age at the time of the offense; and:
| 26 | | (A) is convicted of such offense or an attempt |
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| 1 | | to commit such offense;
or
| 2 | | (B) is found not guilty by reason of insanity | 3 | | of such offense or an
attempt to commit such | 4 | | offense; or
| 5 | | (C) is found not guilty by reason of insanity | 6 | | pursuant to subsection
(c) of Section 104-25 of the | 7 | | Code of Criminal Procedure of 1963 of such offense
| 8 | | or an attempt to commit such offense; or
| 9 | | (D) is the subject of a finding not resulting | 10 | | in an acquittal at a
hearing conducted pursuant to | 11 | | subsection (a) of Section 104-25 of the Code of
| 12 | | Criminal Procedure of 1963 for the alleged | 13 | | commission or attempted commission
of such | 14 | | offense; or
| 15 | | (E) is found not guilty by reason of insanity | 16 | | following a hearing
conducted pursuant to a | 17 | | federal law or the law of another state | 18 | | substantially
similar to subsection (c) of Section | 19 | | 104-25 of the Code of Criminal Procedure
of 1963 of | 20 | | such offense or of the attempted commission of such | 21 | | offense; or
| 22 | | (F) is the subject of a finding not resulting | 23 | | in an acquittal at a
hearing
conducted pursuant to | 24 | | a federal law or the law of another state | 25 | | substantially
similar to subsection (a) of Section | 26 | | 104-25 of the Code of Criminal Procedure
of 1963 |
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| 1 | | for the alleged violation or attempted commission | 2 | | of such offense; or
| 3 | | (ii) is certified as a sexually dangerous person | 4 | | pursuant to the
Illinois
Sexually Dangerous Persons | 5 | | Act, or any substantially similar federal
law or the | 6 | | law of another state, when any conduct giving rise to | 7 | | such
certification is committed or attempted against a | 8 | | person less than 18 years of
age; or
| 9 | | (iii) is subject to the provisions of Section 2 of | 10 | | the Interstate
Agreements on Sexually Dangerous | 11 | | Persons Act.
| 12 | | Convictions that result from or are connected with the | 13 | | same act, or result
from offenses committed at the same | 14 | | time, shall be counted for the purpose of
this Section as | 15 | | one conviction. Any conviction set aside pursuant to law is
| 16 | | not a conviction for purposes of this Section.
| 17 | | (2) Except as otherwise provided in paragraph (2.5), | 18 | | "sex offense"
means:
| 19 | | (i) A violation of any of the following Sections of | 20 | | the Criminal Code of
1961 or the Criminal Code of 2012: | 21 | | 10-4 (forcible detention), 10-7 (aiding or abetting | 22 | | child abduction under Section 10-5(b)(10)),
| 23 | | 10-5(b)(10) (child luring), 11-1.40 (predatory | 24 | | criminal sexual assault of a child), 11-6 (indecent | 25 | | solicitation of a child), 11-6.5
(indecent | 26 | | solicitation of an adult),
11-9.1 (sexual exploitation |
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| 1 | | of a child), 11-9.2 (custodial sexual misconduct), | 2 | | 11-9.5 (sexual misconduct with a person with a | 3 | | disability), 11-11 (sexual relations within families), | 4 | | 11-14.3(a)(1) (promoting prostitution by advancing | 5 | | prostitution), 11-14.3(a)(2)(A) (promoting | 6 | | prostitution by profiting from prostitution by | 7 | | compelling a person to be a prostitute), | 8 | | 11-14.3(a)(2)(C) (promoting prostitution by profiting | 9 | | from prostitution by means other than as described in | 10 | | subparagraphs (A) and (B) of paragraph (2) of | 11 | | subsection (a) of Section 11-14.3), 11-14.4 (promoting | 12 | | juvenile prostitution), 11-18.1
(patronizing a | 13 | | juvenile prostitute), 11-20.1 (child pornography), | 14 | | 11-20.1B (aggravated child pornography), 11-21 | 15 | | (harmful
material), 11-25 (grooming), 11-26 (traveling | 16 | | to meet a minor or traveling to meet a child ), 12-33 | 17 | | (ritualized abuse of a
child), 11-20 (obscenity) (when | 18 | | that offense was committed in any school, on
real | 19 | | property comprising any school, in any conveyance | 20 | | owned,
leased, or contracted by a school to transport | 21 | | students to or from school or a
school related | 22 | | activity, or in a public park), 11-30 (public | 23 | | indecency) (when committed in a school, on real | 24 | | property
comprising a school, in any conveyance owned, | 25 | | leased, or contracted by a
school to transport students | 26 | | to or from school or a school related activity, or in a |
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| 1 | | public park). An attempt to commit any of these | 2 | | offenses.
| 3 | | (ii) A violation of any of the following Sections | 4 | | of the Criminal Code
of 1961 or the Criminal Code of | 5 | | 2012, when the victim is a person under 18 years of | 6 | | age: 11-1.20 (criminal
sexual assault), 11-1.30 | 7 | | (aggravated criminal sexual assault), 11-1.50 | 8 | | (criminal
sexual abuse), 11-1.60 (aggravated criminal | 9 | | sexual abuse). An attempt to commit
any of these | 10 | | offenses.
| 11 | | (iii) A violation of any of the following Sections | 12 | | of the Criminal Code
of 1961 or the Criminal Code of | 13 | | 2012, when the victim is a person under 18 years of age | 14 | | and the defendant is
not a parent of the victim:
| 15 | | 10-1 (kidnapping),
| 16 | | 10-2 (aggravated kidnapping),
| 17 | | 10-3 (unlawful restraint),
| 18 | | 10-3.1 (aggravated unlawful restraint),
| 19 | | 11-9.1(A) (permitting sexual abuse of a child).
| 20 | | An attempt to commit any of these offenses.
| 21 | | (iv) A violation of any former law of this State | 22 | | substantially
equivalent to any offense listed in | 23 | | clause (2)(i) or (2)(ii) of subsection (d) of this
| 24 | | Section.
| 25 | | (2.5) For the purposes of subsections (b-5) and (b-10) | 26 | | only, a sex offense means:
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| 1 | | (i) A violation of any of the following Sections of | 2 | | the Criminal Code of
1961 or the Criminal Code of 2012:
| 3 | | 10-5(b)(10) (child luring), 10-7 (aiding or | 4 | | abetting child abduction
under Section 10-5(b)(10)), | 5 | | 11-1.40 (predatory criminal sexual assault of a | 6 | | child), 11-6 (indecent solicitation of
a
child), | 7 | | 11-6.5 (indecent solicitation of an adult), 11-9.2 | 8 | | (custodial sexual misconduct), 11-9.5 (sexual | 9 | | misconduct with a person with a disability), 11-11 | 10 | | (sexual relations within families), 11-14.3(a)(1) | 11 | | (promoting prostitution by advancing prostitution), | 12 | | 11-14.3(a)(2)(A) (promoting prostitution by profiting | 13 | | from prostitution by compelling a person to be a | 14 | | prostitute), 11-14.3(a)(2)(C) (promoting prostitution | 15 | | by profiting from prostitution by means other than as | 16 | | described in subparagraphs (A) and (B) of paragraph (2) | 17 | | of subsection (a) of Section 11-14.3), 11-14.4 | 18 | | (promoting juvenile prostitution), 11-18.1
| 19 | | (patronizing a juvenile prostitute), 11-20.1 (child | 20 | | pornography), 11-20.1B (aggravated child pornography), | 21 | | 11-25 (grooming), 11-26 (traveling to meet a minor or | 22 | | traveling to meet a child ), or 12-33 (ritualized abuse | 23 | | of a
child). An attempt
to commit any of
these | 24 | | offenses.
| 25 | | (ii) A violation of any of the following Sections | 26 | | of the Criminal Code
of 1961 or the Criminal Code of |
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| 1 | | 2012, when the victim is a person under 18 years of | 2 | | age: 11-1.20 (criminal
sexual assault), 11-1.30 | 3 | | (aggravated criminal sexual assault), 11-1.60
| 4 | | (aggravated criminal sexual abuse), and subsection (a) | 5 | | of Section 11-1.50
(criminal sexual abuse). An attempt | 6 | | to commit
any of these offenses.
| 7 | | (iii) A violation of any of the following Sections | 8 | | of the Criminal Code
of 1961 or the Criminal Code of | 9 | | 2012, when the victim is a person under 18 years of age | 10 | | and the defendant is
not a parent of the victim:
| 11 | | 10-1 (kidnapping),
| 12 | | 10-2 (aggravated kidnapping),
| 13 | | 10-3 (unlawful restraint),
| 14 | | 10-3.1 (aggravated unlawful restraint),
| 15 | | 11-9.1(A) (permitting sexual abuse of a child).
| 16 | | An attempt to commit any of these offenses.
| 17 | | (iv) A violation of any former law of this State | 18 | | substantially
equivalent to any offense listed in this | 19 | | paragraph (2.5) of
this subsection.
| 20 | | (3) A conviction for an offense of federal law or the | 21 | | law of another state
that is substantially equivalent to | 22 | | any offense listed in paragraph (2) of
subsection (d) of | 23 | | this Section shall constitute a conviction for the purpose | 24 | | of
this Section. A finding or adjudication as a sexually | 25 | | dangerous person under
any federal law or law of another | 26 | | state that is substantially equivalent to the
Sexually |
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| 1 | | Dangerous Persons Act shall constitute an adjudication for | 2 | | the
purposes of this Section.
| 3 | | (4) "Authorized emergency vehicle", "rescue vehicle", | 4 | | and "vehicle" have the meanings ascribed to them in | 5 | | Sections 1-105, 1-171.8 and 1-217, respectively, of the | 6 | | Illinois Vehicle Code. | 7 | | (5) "Child care institution" has the meaning ascribed | 8 | | to it in Section 2.06 of the Child Care Act of 1969. | 9 | | (6) "Day care center" has the meaning ascribed to it in | 10 | | Section 2.09 of the Child Care Act of 1969. | 11 | | (7) "Day care home" has the meaning ascribed to it in | 12 | | Section 2.18 of the Child Care Act of 1969. | 13 | | (8) "Facility providing programs or services directed | 14 | | towards persons under the age of 18" means any facility | 15 | | providing programs or services exclusively directed | 16 | | towards persons under the age of 18. | 17 | | (9) "Group day care home" has the meaning ascribed to | 18 | | it in Section 2.20 of the Child Care Act of 1969. | 19 | | (10) "Internet" has the meaning set forth in Section | 20 | | 16-0.1 of this Code.
| 21 | | (11) "Loiter" means:
| 22 | | (i) Standing, sitting idly, whether or not the | 23 | | person is in a vehicle, or
remaining in or around | 24 | | school or public park property.
| 25 | | (ii) Standing, sitting idly, whether or not the | 26 | | person is in a vehicle,
or remaining in or around |
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| 1 | | school or public park property, for the purpose of | 2 | | committing or
attempting to commit a sex offense.
| 3 | | (iii) Entering or remaining in a building in or | 4 | | around school property, other than the offender's | 5 | | residence. | 6 | | (12) "Part day child care facility" has the meaning | 7 | | ascribed to it in Section 2.10 of the Child Care Act of | 8 | | 1969. | 9 | | (13) "Playground" means a piece of land owned or | 10 | | controlled by a unit
of
local government that is designated | 11 | | by the unit of local government for use
solely or primarily | 12 | | for children's recreation. | 13 | | (14) "Public park" includes a park, forest preserve, | 14 | | bikeway, trail, or
conservation
area
under the | 15 | | jurisdiction of the State or a unit of local government. | 16 | | (15) "School" means a public or private preschool or | 17 | | elementary or secondary school.
| 18 | | (16) "School official"
means the principal, a teacher, | 19 | | or any other certified employee of the
school, the | 20 | | superintendent of schools or a member of the school board.
| 21 | | (e) For the purposes of this Section, the 500 feet distance | 22 | | shall be measured from: (1) the edge of the property of the | 23 | | school building or the real property comprising the school that | 24 | | is closest to the edge of the property of the child sex | 25 | | offender's residence or where he or she is loitering, and (2) | 26 | | the edge of the property comprising the public park building or |
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| 1 | | the real property comprising the public park, playground, child | 2 | | care institution, day care center, part day child care | 3 | | facility, or facility providing programs or services | 4 | | exclusively directed toward persons under 18 years of age, or a | 5 | | victim of the sex offense who is under 21 years of age, to the | 6 | | edge of the child sex offender's place of residence or place | 7 | | where he or she is loitering.
| 8 | | (f) Sentence. A person who violates this Section is guilty | 9 | | of a Class 4
felony.
| 10 | | (Source: P.A. 97-698, eff. 1-1-13; 97-699, eff. 1-1-13; | 11 | | 97-1150, eff. 1-25-13; 98-266, eff. 1-1-14.) | 12 | | (720 ILCS 5/11-25) | 13 | | Sec. 11-25. Grooming. | 14 | | (a) A person commits grooming when he or she knowingly uses | 15 | | a computer on-line service, Internet service, local bulletin | 16 | | board service, or any other device capable of electronic data | 17 | | storage or transmission to seduce, solicit, lure, or entice, or | 18 | | attempt to seduce, solicit, lure, or entice, a child, a child's | 19 | | guardian, or another person believed by the person to be a | 20 | | child or a child's guardian, to commit any sex offense as | 21 | | defined in Section 2 of the Sex Offender Registration Act, to | 22 | | distribute photographs depicting the sex organs of the child, | 23 | | or to otherwise engage in any unlawful sexual conduct with a | 24 | | child or with another person believed by the person to be a | 25 | | child. As used in this Section, "child" means a person under 17 |
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| 1 | | years of age. | 2 | | (b) Sentence. Grooming is a Class 4 felony.
| 3 | | (Source: P.A. 98-919, eff. 1-1-15 .) | 4 | | (720 ILCS 5/11-26) | 5 | | Sec. 11-26. Traveling to meet a child minor . | 6 | | (a) A person commits the offense of traveling to meet a | 7 | | child minor when he or she travels any distance either within | 8 | | this State, to this State, or from this State by any means, | 9 | | attempts to do so, or causes another to do so or attempt to do | 10 | | so for the purpose of engaging in any sex offense as defined in | 11 | | Section 2 of the Sex Offender Registration Act, or to otherwise | 12 | | engage in other unlawful sexual conduct with a child or with | 13 | | another person believed by the person to be a child after using | 14 | | a computer on-line service, Internet service, local bulletin | 15 | | board service, or any other device capable of electronic data | 16 | | storage or transmission to seduce, solicit, lure, or entice, or | 17 | | to attempt to seduce, solicit, lure, or entice, a child or a | 18 | | child's guardian, or another person believed by the person to | 19 | | be a child or a child's guardian, for such purpose. As used in | 20 | | this Section, "child" means a person under 17 years of age. | 21 | | (b) Sentence. Traveling to meet a child minor is a Class 3 | 22 | | felony.
| 23 | | (Source: P.A. 95-901, eff. 1-1-09.)
| 24 | | Section 15. The Sex Offender Registration Act is amended by |
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| 1 | | changing Section 2 as follows:
| 2 | | (730 ILCS 150/2) (from Ch. 38, par. 222)
| 3 | | Sec. 2. Definitions.
| 4 | | (A) As used in this Article, "sex offender" means any | 5 | | person who is:
| 6 | | (1) charged pursuant to Illinois law, or any | 7 | | substantially similar
federal, Uniform Code of Military | 8 | | Justice, sister state, or foreign country
law,
with a sex | 9 | | offense set forth
in subsection (B) of this Section or the | 10 | | attempt to commit an included sex
offense, and:
| 11 | | (a) is convicted of such offense or an attempt to | 12 | | commit such offense;
or
| 13 | | (b) is found not guilty by reason of insanity of | 14 | | such offense or an
attempt to commit such offense; or
| 15 | | (c) is found not guilty by reason of insanity | 16 | | pursuant to Section
104-25(c) of the Code of Criminal | 17 | | Procedure of 1963 of such offense or an
attempt to | 18 | | commit such offense; or
| 19 | | (d) is the subject of a finding not resulting in an | 20 | | acquittal at a
hearing conducted pursuant to Section | 21 | | 104-25(a) of the Code of Criminal
Procedure of 1963 for | 22 | | the alleged commission or attempted commission of such
| 23 | | offense; or
| 24 | | (e) is found not guilty by reason of insanity | 25 | | following a hearing
conducted pursuant to a federal, |
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| 1 | | Uniform Code of Military Justice, sister
state, or | 2 | | foreign country law
substantially similar to Section | 3 | | 104-25(c) of the Code of Criminal Procedure
of 1963 of | 4 | | such offense or of the attempted commission of such | 5 | | offense; or
| 6 | | (f) is the subject of a finding not resulting in an | 7 | | acquittal at 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(a) of the Code of Criminal Procedure
of 1963 for | 11 | | the alleged violation or attempted commission of such | 12 | | offense;
or
| 13 | | (2) declared as a sexually dangerous person pursuant to | 14 | | the Illinois
Sexually Dangerous Persons Act, or any | 15 | | substantially similar federal, Uniform
Code of Military | 16 | | Justice, sister
state, or foreign country law; or
| 17 | | (3) subject to the provisions of Section 2 of the | 18 | | Interstate
Agreements on Sexually Dangerous Persons Act; | 19 | | or
| 20 | | (4) found to be a sexually violent person pursuant to | 21 | | the Sexually
Violent Persons Commitment Act or any | 22 | | substantially similar federal, Uniform
Code of Military | 23 | | Justice, sister
state, or foreign country law; or
| 24 | | (5) adjudicated a juvenile delinquent as the result of | 25 | | committing or
attempting to commit an act which, if | 26 | | committed by an adult, would constitute
any of the offenses |
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| 1 | | specified in item (B), (C), or (C-5) of this Section or a
| 2 | | violation of any substantially similar federal, Uniform | 3 | | Code of Military
Justice, sister state, or foreign
country | 4 | | law, or found guilty under Article V of the Juvenile Court | 5 | | Act of 1987
of committing or attempting to commit an act | 6 | | which, if committed by an adult,
would constitute any of | 7 | | the offenses specified in item (B), (C), or (C-5) of
this | 8 | | Section or a violation of any substantially similar | 9 | | federal, Uniform Code
of Military Justice, sister state,
or | 10 | | foreign country law.
| 11 | | Convictions that result from or are connected with the same | 12 | | act, or result
from offenses committed at the same time, shall | 13 | | be counted for the purpose of
this Article as one conviction. | 14 | | Any conviction set aside pursuant to law is
not a conviction | 15 | | for purposes of this Article.
| 16 | |
For purposes of this Section, "convicted" shall have the | 17 | | same meaning as
"adjudicated".
| 18 | | (B) As used in this Article, "sex offense" means:
| 19 | | (1) A violation of any of the following Sections of the | 20 | | Criminal Code of
1961 or the Criminal Code of 2012:
| 21 | | 11-20.1 (child pornography),
| 22 | | 11-20.1B or 11-20.3 (aggravated child | 23 | | pornography),
| 24 | | 11-6 (indecent solicitation of a child),
| 25 | | 11-9.1 (sexual exploitation of a child),
| 26 | | 11-9.2 (custodial sexual misconduct),
|
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| 1 | | 11-9.5 (sexual misconduct with a person with a | 2 | | disability), | 3 | | 11-14.4 (promoting juvenile prostitution),
| 4 | | 11-15.1 (soliciting for a juvenile prostitute),
| 5 | | 11-18.1 (patronizing a juvenile prostitute),
| 6 | | 11-17.1 (keeping a place of juvenile | 7 | | prostitution),
| 8 | | 11-19.1 (juvenile pimping),
| 9 | | 11-19.2 (exploitation of a child),
| 10 | | 11-25 (grooming), | 11 | | 11-26 (traveling to meet a minor or traveling to | 12 | | meet a child ),
| 13 | | 11-1.20 or 12-13 (criminal sexual assault),
| 14 | | 11-1.30 or 12-14 (aggravated criminal sexual | 15 | | assault),
| 16 | | 11-1.40 or 12-14.1 (predatory criminal sexual | 17 | | assault of a child),
| 18 | | 11-1.50 or 12-15 (criminal sexual abuse),
| 19 | | 11-1.60 or 12-16 (aggravated criminal sexual | 20 | | abuse),
| 21 | | 12-33 (ritualized abuse of a child).
| 22 | | An attempt to commit any of these offenses.
| 23 | | (1.5)
A violation of any of the following Sections of | 24 | | the
Criminal Code of 1961 or the Criminal Code of 2012, | 25 | | when the victim is a person under 18 years of age, the
| 26 | | defendant is not a parent of the victim, the offense was |
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| 1 | | sexually motivated as defined in Section 10 of the Sex | 2 | | Offender Evaluation and Treatment Act, and the offense was | 3 | | committed on or
after January 1, 1996:
| 4 | | 10-1 (kidnapping),
| 5 | | 10-2 (aggravated kidnapping),
| 6 | | 10-3 (unlawful restraint),
| 7 | | 10-3.1 (aggravated unlawful restraint).
| 8 | | If the offense was committed before January 1, 1996, it | 9 | | is a sex offense requiring registration only when the | 10 | | person is convicted of any felony after July 1, 2011, and | 11 | | paragraph (2.1) of subsection (c) of Section 3 of this Act | 12 | | applies.
| 13 | | (1.6)
First degree murder under Section 9-1 of the | 14 | | Criminal Code of 1961 or the Criminal Code of 2012,
| 15 | | provided the offense was sexually motivated as defined in | 16 | | Section 10 of the Sex Offender Management Board Act.
| 17 | | (1.7) (Blank).
| 18 | | (1.8) A violation or attempted violation of Section | 19 | | 11-11 (sexual
relations within families) of the Criminal | 20 | | Code of 1961 or the Criminal Code of 2012, and the offense | 21 | | was committed on or after
June 1, 1997. If the offense was | 22 | | committed before June 1, 1997, it is a sex offense | 23 | | requiring registration only when the person is convicted of | 24 | | any felony after July 1, 2011, and paragraph (2.1) of | 25 | | subsection (c) of Section 3 of this Act applies.
| 26 | | (1.9) Child abduction under paragraph (10) of |
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| 1 | | subsection
(b) of Section 10-5 of the Criminal Code of 1961 | 2 | | or the Criminal Code of 2012 committed by luring or
| 3 | | attempting to lure a child under the age of 16 into a motor | 4 | | vehicle, building,
house trailer, or dwelling place | 5 | | without the consent of the parent or lawful
custodian of | 6 | | the child for other than a lawful purpose and the offense | 7 | | was
committed on or after January 1, 1998, provided the | 8 | | offense was sexually motivated as defined in Section 10 of | 9 | | the Sex Offender Management Board Act. If the offense was | 10 | | committed before January 1, 1998, it is a sex offense | 11 | | requiring registration only when the person is convicted of | 12 | | any felony after July 1, 2011, and paragraph (2.1) of | 13 | | subsection (c) of Section 3 of this Act applies.
| 14 | | (1.10) A violation or attempted violation of any of the | 15 | | following Sections
of the Criminal Code of 1961 or the | 16 | | Criminal Code of 2012 when the offense was committed on or | 17 | | after July
1, 1999:
| 18 | | 10-4 (forcible detention, if the victim is under 18 | 19 | | years of age), provided the offense was sexually | 20 | | motivated as defined in Section 10 of the Sex Offender | 21 | | Management Board Act,
| 22 | | 11-6.5 (indecent solicitation of an adult),
| 23 | | 11-14.3 that involves soliciting for a prostitute, | 24 | | or 11-15 (soliciting for a prostitute, if the victim is | 25 | | under 18 years
of age),
| 26 | | subdivision (a)(2)(A) or (a)(2)(B) of Section |
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| 1 | | 11-14.3, or Section 11-16 (pandering, if the victim is | 2 | | under 18 years of age),
| 3 | | 11-18 (patronizing a prostitute, if the victim is | 4 | | under 18 years
of age),
| 5 | | subdivision (a)(2)(C) of Section 11-14.3, or | 6 | | Section 11-19 (pimping, if the victim is under 18 years | 7 | | of age).
| 8 | | If the offense was committed before July 1, 1999, it is | 9 | | a sex offense requiring registration only when the person | 10 | | is convicted of any felony after July 1, 2011, and | 11 | | paragraph (2.1) of subsection (c) of Section 3 of this Act | 12 | | applies.
| 13 | | (1.11) A violation or attempted violation of any of the | 14 | | following
Sections of the Criminal Code of 1961 or the | 15 | | Criminal Code of 2012 when the offense was committed on or
| 16 | | after August 22, 2002:
| 17 | | 11-9 or 11-30 (public indecency for a third or | 18 | | subsequent conviction). | 19 | | If the third or subsequent conviction was imposed | 20 | | before August 22, 2002, it is a sex offense requiring | 21 | | registration only when the person is convicted of any | 22 | | felony after July 1, 2011, and paragraph (2.1) of | 23 | | subsection (c) of Section 3 of this Act applies.
| 24 | | (1.12) A violation or attempted violation of Section
| 25 | | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the | 26 | | Criminal Code of 1961 or the Criminal Code of 2012 |
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| 1 | | (permitting sexual abuse) when the
offense was committed on | 2 | | or after August 22, 2002. If the offense was committed | 3 | | before August 22, 2002, it is a sex offense requiring | 4 | | registration only when the person is convicted of any | 5 | | felony after July 1, 2011, and paragraph (2.1) of | 6 | | subsection (c) of Section 3 of this Act applies.
| 7 | | (2) A violation of any former law of this State | 8 | | substantially equivalent
to any offense listed in | 9 | | subsection (B) of this Section.
| 10 | | (C) A conviction for an offense of federal law, Uniform | 11 | | Code of Military
Justice, or the law of another state
or a | 12 | | foreign country that is substantially equivalent to any offense | 13 | | listed
in subsections (B), (C), (E), and (E-5) of this Section | 14 | | shall
constitute a
conviction for the purpose
of this Article. | 15 | | A finding or adjudication as a sexually dangerous person
or a | 16 | | sexually violent person under any federal law, Uniform Code of | 17 | | Military
Justice, or the law of another state or
foreign | 18 | | country that is substantially equivalent to the Sexually | 19 | | Dangerous
Persons Act or the Sexually Violent Persons | 20 | | Commitment Act shall constitute an
adjudication for the | 21 | | purposes of this Article.
| 22 | | (C-5) A person at least 17 years of age at the time of the | 23 | | commission of
the offense who is convicted of first degree | 24 | | murder under Section 9-1 of the
Criminal Code of 1961 or the | 25 | | Criminal Code of 2012, against a person
under 18 years of age, | 26 | | shall be required to register
for natural life.
A conviction |
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| 1 | | for an offense of federal, Uniform Code of Military Justice,
| 2 | | sister state, or foreign country law that is substantially | 3 | | equivalent to any
offense listed in subsection (C-5) of this | 4 | | Section shall constitute a
conviction for the purpose of this | 5 | | Article. This subsection (C-5) applies to a person who | 6 | | committed the offense before June 1, 1996 if: (i) the person is | 7 | | incarcerated in an Illinois Department of Corrections facility | 8 | | on August 20, 2004 (the effective date of Public Act 93-977), | 9 | | or (ii) subparagraph (i) does not apply and the person is | 10 | | convicted of any felony after July 1, 2011, and paragraph (2.1) | 11 | | of subsection (c) of Section 3 of this Act applies.
| 12 | | (C-6) A person who is convicted or adjudicated delinquent | 13 | | of first degree murder as defined in Section 9-1 of the | 14 | | Criminal Code of 1961 or the Criminal Code of 2012, against a | 15 | | person 18 years of age or over, shall be required to register | 16 | | for his or her natural life. A conviction for an offense of | 17 | | federal, Uniform Code of Military Justice, sister state, or | 18 | | foreign country law that is substantially equivalent to any | 19 | | offense listed in subsection (C-6) of this Section shall | 20 | | constitute a conviction for the purpose of this Article. This | 21 | | subsection (C-6) does not apply to those individuals released | 22 | | from incarceration more than 10 years prior to January 1, 2012 | 23 | | (the effective date of Public Act 97-154). | 24 | | (D) As used in this Article, "law enforcement agency having | 25 | | jurisdiction"
means the Chief of Police in each of the | 26 | | municipalities in which the sex offender
expects to reside, |
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| 1 | | work, or attend school (1) upon his or her discharge,
parole or | 2 | | release or
(2) during the service of his or her sentence of | 3 | | probation or conditional
discharge, or the Sheriff of the | 4 | | county, in the event no Police Chief exists
or if the offender | 5 | | intends to reside, work, or attend school in an
unincorporated | 6 | | area.
"Law enforcement agency having jurisdiction" includes | 7 | | the location where
out-of-state students attend school and | 8 | | where out-of-state employees are
employed or are otherwise | 9 | | required to register.
| 10 | | (D-1) As used in this Article, "supervising officer" means | 11 | | the assigned Illinois Department of Corrections parole agent or | 12 | | county probation officer. | 13 | | (E) As used in this Article, "sexual predator" means any | 14 | | person who,
after July 1, 1999, is:
| 15 | | (1) Convicted for an offense of federal, Uniform Code | 16 | | of Military
Justice, sister state, or foreign country law | 17 | | that is substantially equivalent
to any offense listed in | 18 | | subsection (E) or (E-5) of this Section shall constitute a
| 19 | | conviction for the purpose of this Article.
Convicted of a | 20 | | violation or attempted violation of any of the following
| 21 | | Sections of the
Criminal Code of 1961 or the Criminal Code | 22 | | of 2012:
| 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) declared as a sexually dangerous person pursuant to | 18 | | 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 | 6 | | (7) if the person was convicted of an offense set forth | 7 | | in this subsection (E) on or before July 1, 1999, the | 8 | | person is a sexual predator for whom registration is | 9 | | required only when the person is convicted of a felony | 10 | | offense after July 1, 2011, and paragraph (2.1) of | 11 | | subsection (c) of Section 3 of this Act applies. | 12 | | (E-5) As used in this Article, "sexual predator" also means | 13 | | a person convicted of a violation or attempted violation of any | 14 | | of the following
Sections of the
Criminal Code of 1961 or the | 15 | | Criminal Code of 2012: | 16 | | (1) Section 9-1 (first degree murder,
when the victim | 17 | | was a person under 18 years of age and the defendant was at | 18 | | least
17 years of age at the time of the commission of the | 19 | | offense, provided the offense was sexually motivated as | 20 | | defined in Section 10 of the Sex Offender Management Board | 21 | | Act); | 22 | | (2) Section 11-9.5 (sexual misconduct with a person | 23 | | with a disability); | 24 | | (3) when the victim is a person under 18 years of age, | 25 | | the
defendant is not a parent of the victim, the offense | 26 | | was sexually motivated as defined in Section 10 of the Sex |
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| 1 | | Offender Management Board Act, and the offense was | 2 | | committed on or
after January 1, 1996: (A) Section 10-1 | 3 | | (kidnapping), (B) Section 10-2 (aggravated kidnapping), | 4 | | (C) Section 10-3 (unlawful restraint), and (D) Section | 5 | | 10-3.1 (aggravated unlawful restraint); and | 6 | | (4) Section 10-5(b)(10) (child abduction committed by | 7 | | luring or
attempting to lure a child under the age of 16 | 8 | | into a motor vehicle, building,
house trailer, or dwelling | 9 | | place without the consent of the parent or lawful
custodian | 10 | | of the child for other than a lawful purpose and the | 11 | | offense was
committed on or after January 1, 1998, provided | 12 | | the offense was sexually motivated as defined in Section 10 | 13 | | of the Sex Offender Management Board Act). | 14 | | (E-10) As used in this Article, "sexual predator" also | 15 | | means a person required to register in another State due to a | 16 | | conviction, adjudication or other action of any court | 17 | | triggering an obligation to register as a sex offender, sexual | 18 | | predator, or substantially similar status under the laws of | 19 | | that State. | 20 | | (F) As used in this Article, "out-of-state student" means | 21 | | any sex
offender, as defined in this Section,
or sexual | 22 | | predator who is enrolled in Illinois, on a full-time or | 23 | | part-time
basis, in any public or private educational | 24 | | institution, including, but not
limited to, any secondary | 25 | | school, trade or professional institution, or
institution of | 26 | | higher learning.
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| 1 | | (G) As used in this Article, "out-of-state employee" means | 2 | | any sex
offender, as defined in this Section,
or sexual | 3 | | predator who works in Illinois, regardless of whether the | 4 | | individual
receives payment for services performed, for a | 5 | | period of time of 10 or more days
or for an aggregate period of | 6 | | time of 30 or more days
during any calendar year.
Persons who | 7 | | operate motor vehicles in the State accrue one day of | 8 | | employment
time for any portion of a day spent in Illinois.
| 9 | | (H) As used in this Article, "school" means any public or | 10 | | private educational institution, including, but not limited | 11 | | to, any elementary or secondary school, trade or professional | 12 | | institution, or institution of higher education. | 13 | | (I) As used in this Article, "fixed residence" means any | 14 | | and all places that a sex offender resides for an aggregate | 15 | | period of time of 5 or more days in a calendar year.
| 16 | | (J) As used in this Article, "Internet protocol address" | 17 | | means the string of numbers by which a location on the Internet | 18 | | is identified by routers or other computers connected to the | 19 | | Internet. | 20 | | (Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11; | 21 | | 96-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; | 22 | | 97-1073, eff. 1-1-13; 97-1098, eff. 1-1-13; 97-1109, eff. | 23 | | 1-1-13; 97-1150, eff. 1-25-13.)
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