Full Text of HB4141 101st General Assembly
HB4141 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4141 Introduced 1/22/2020, by Rep. Deanne M. Mazzochi SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/10-9 | | 725 ILCS 5/110-4 | from Ch. 38, par. 110-4 | 730 ILCS 150/2 | from Ch. 38, par. 222 |
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Amends the Criminal Code of 2012. Increases the penalties for trafficking in persons, involuntary servitude, and related offenses. For some Class X offenses, imposes a term of imprisonment of not less than 12 years and not more than 30 years. Amends the Code of Criminal Procedure of 1963. Provides that involuntary sexual servitude of a minor is non-bailable if the proof is evident or the presumption great that
the defendant is guilty of the offense and the defendant had a previous conviction for that offense. Amends the Sex Offender Registration Act. Provides that "sex offense" for registration purposes of the Act includes involuntary sexual servitude of a minor committed on or after January 1, 2021.
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| | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | | FISCAL NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Section 10-9 as follows: | 6 | | (720 ILCS 5/10-9) | 7 | | Sec. 10-9. Trafficking in persons, involuntary servitude, | 8 | | and related offenses. | 9 | | (a) Definitions. In this Section: | 10 | | (1) "Intimidation" has the meaning prescribed in Section | 11 | | 12-6. | 12 | | (2) "Commercial sexual activity" means any sex act on | 13 | | account of which anything of value is given, promised to, or | 14 | | received by any person.
| 15 | | (2.5) "Company" means any sole proprietorship, | 16 | | organization, association, corporation, partnership, joint | 17 | | venture, limited partnership, limited liability partnership, | 18 | | limited liability limited partnership, limited liability | 19 | | company, or other entity or business association, including all | 20 | | wholly owned subsidiaries, majority-owned subsidiaries, parent | 21 | | companies, or affiliates of those entities or business | 22 | | associations, that exist for the purpose of making profit. | 23 | | (3) "Financial harm" includes intimidation that brings |
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| 1 | | about financial loss, criminal usury, or employment contracts | 2 | | that violate the Frauds Act. | 3 | | (4) (Blank). | 4 | | (5) "Labor" means work of economic or financial value. | 5 | | (6) "Maintain" means, in relation to labor or services, to | 6 | | secure continued performance thereof, regardless of any | 7 | | initial agreement on the part of the victim to perform that | 8 | | type of service. | 9 | | (7) "Obtain" means, in relation to labor or services, to | 10 | | secure performance thereof. | 11 | | (7.5) "Serious harm" means any harm, whether physical or | 12 | | nonphysical, including psychological, financial, or | 13 | | reputational harm, that is sufficiently serious, under all the | 14 | | surrounding circumstances, to compel a reasonable person of the | 15 | | same background and in the same circumstances to perform or to | 16 | | continue performing labor or services in order to avoid | 17 | | incurring that harm. | 18 | | (8) "Services" means activities resulting from a | 19 | | relationship between a person and the actor in which the person | 20 | | performs activities under the supervision of or for the benefit | 21 | | of the actor. Commercial sexual activity and sexually-explicit | 22 | | performances are forms of activities that are "services" under | 23 | | this Section. Nothing in this definition may be construed to | 24 | | legitimize or legalize prostitution. | 25 | | (9) "Sexually-explicit performance" means a live, | 26 | | recorded, broadcast (including over the Internet), or public |
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| 1 | | act or show intended to arouse or satisfy the sexual desires or | 2 | | appeal to the prurient interests of patrons. | 3 | | (10) "Trafficking victim" means a person subjected to the | 4 | | practices set forth in subsection (b), (c), or (d). | 5 | | (b) Involuntary servitude. A person commits involuntary | 6 | | servitude when he or she knowingly subjects, attempts to | 7 | | subject, or engages in a conspiracy to subject another person | 8 | | to labor or services obtained or maintained through any of the | 9 | | following means, or any combination of these means: | 10 | | (1) causes or threatens to cause physical harm to any | 11 | | person; | 12 | | (2) physically restrains or threatens to physically | 13 | | restrain another person; | 14 | | (3) abuses or threatens to abuse the law or legal | 15 | | process; | 16 | | (4) knowingly destroys, conceals, removes, | 17 | | confiscates, or possesses any actual or purported passport | 18 | | or other immigration document, or any other actual or | 19 | | purported government identification document, of another | 20 | | person; | 21 | | (5) uses intimidation, or exerts financial control | 22 | | over any person; or | 23 | | (6) uses any scheme, plan, or pattern intended to cause | 24 | | the person to believe that, if the person did not perform | 25 | | the labor or services, that person or another person would | 26 | | suffer serious harm or physical restraint. |
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| 1 | | Sentence. Except as otherwise provided in subsection (e) or | 2 | | (f), a violation of subsection (b)(1) is a Class X felony for | 3 | | which the person shall be sentenced to a term of imprisonment | 4 | | of not less than 12 years and not more than 30 years , (b)(2) is | 5 | | a Class X 1 felony, (b)(3) is a Class 1 2 felony, (b)(4) is a | 6 | | Class 2 3 felony, (b)(5) and (b)(6) is a Class 3 4 felony. | 7 | | (c) Involuntary sexual servitude of a minor. A person | 8 | | commits involuntary sexual servitude of a minor when he or she | 9 | | knowingly recruits, entices, harbors, transports, provides, or | 10 | | obtains by any means, or attempts to recruit, entice, harbor, | 11 | | provide, or obtain by any means, another person under 18 years | 12 | | of age, knowing that the minor will engage in commercial sexual | 13 | | activity, a sexually-explicit performance, or the production | 14 | | of pornography, or causes or attempts to cause a minor to | 15 | | engage in one or more of those activities and: | 16 | | (1) there is no overt force or threat and the minor is | 17 | | between the ages of 17 and 18 years; | 18 | | (2) there is no overt force or threat and the minor is | 19 | | under the age of 17 years; or | 20 | | (3) there is overt force or threat. | 21 | | Sentence. Except as otherwise provided in subsection (e) or | 22 | | (f), a violation of subsection (c)(1) is a Class X 1 felony, | 23 | | (c)(2) is a Class X felony, and (c)(3) is a Class X felony for | 24 | | which the person shall be sentenced to a term of imprisonment | 25 | | of not less than 12 years and not more than 30 years . | 26 | | (d) Trafficking in persons. A person commits trafficking in |
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| 1 | | persons when he or she knowingly: (1) recruits, entices, | 2 | | harbors, transports, provides, or obtains by any means, or | 3 | | attempts to recruit, entice, harbor, transport, provide, or | 4 | | obtain by any means, another person, intending or knowing that | 5 | | the person will be subjected to involuntary servitude; or (2) | 6 | | benefits, financially or by receiving anything of value, from | 7 | | participation in a venture that has engaged in an act of | 8 | | involuntary servitude or involuntary sexual servitude of a | 9 | | minor. A company commits trafficking in persons when the | 10 | | company knowingly benefits, financially or by receiving | 11 | | anything of value, from participation in a venture that has | 12 | | engaged in an act of involuntary servitude or involuntary | 13 | | sexual servitude of a minor. | 14 | | Sentence. A Except as otherwise provided in subsection (e) | 15 | | or (f), a violation of this subsection (d) by a person is a | 16 | | Class X 1 felony. A violation of this subsection by a company | 17 | | is a business offense for which a fine of up to $100,000 may be | 18 | | imposed. | 19 | | (e) Aggravating factors. A violation of this Section | 20 | | involving kidnapping or an attempt to kidnap, aggravated | 21 | | criminal sexual assault or an attempt to commit aggravated | 22 | | criminal sexual assault, or an attempt to commit first degree | 23 | | murder is a Class X felony for which the person shall be | 24 | | sentenced to a term of imprisonment of not less than 12 years | 25 | | and not more than 30 years . | 26 | | (f) Sentencing considerations. |
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| 1 | | (1) Bodily injury. If, pursuant to a violation of this | 2 | | Section, a victim
suffered bodily injury, the defendant may | 3 | | be sentenced to an extended-term sentence under Section | 4 | | 5-8-2 of the Unified Code of Corrections. The sentencing | 5 | | court must take into account the time in which the victim | 6 | | was held in servitude, with increased penalties for cases | 7 | | in which the victim was held for between 180 days and one | 8 | | year, and increased penalties for cases in which the victim | 9 | | was held for more than one year. | 10 | | (2) Number of victims. In determining sentences within | 11 | | statutory maximums, the sentencing court should take into | 12 | | account the number of victims, and may provide for | 13 | | substantially increased sentences in cases involving more | 14 | | than 10 victims. | 15 | | (g) Restitution. Restitution is mandatory under this | 16 | | Section. In addition to any other amount of loss identified, | 17 | | the court shall order restitution including the greater of (1) | 18 | | the gross income or value to the defendant of the victim's | 19 | | labor or services or (2) the value of the victim's labor as | 20 | | guaranteed under the Minimum Wage Law and overtime provisions | 21 | | of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, | 22 | | whichever is greater. | 23 | | (g-5) Fine distribution. If the court imposes a fine under | 24 | | subsection (b), (c), or (d) of this Section, it shall be | 25 | | collected and distributed to the Specialized Services for | 26 | | Survivors of Human Trafficking Fund in accordance with Section |
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| 1 | | 5-9-1.21 of the Unified Code of Corrections. | 2 | | (h) Trafficking victim services. Subject to the | 3 | | availability of funds, the Department of Human Services may | 4 | | provide or fund emergency services and assistance to | 5 | | individuals who are victims of one or more offenses defined in | 6 | | this Section.
| 7 | | (i) Certification. The Attorney General, a State's | 8 | | Attorney, or any law enforcement official shall certify in | 9 | | writing to the United States Department of Justice or other | 10 | | federal agency, such as the United States Department of | 11 | | Homeland Security, that an investigation or prosecution under | 12 | | this Section has begun and the individual who is a likely | 13 | | victim of a crime described in this Section is willing to | 14 | | cooperate or is cooperating with the investigation to enable | 15 | | the individual, if eligible under federal law, to qualify for | 16 | | an appropriate special immigrant visa and to access available | 17 | | federal benefits. Cooperation with law enforcement shall not be | 18 | | required of victims of a crime described in this Section who | 19 | | are under 18 years of age. This certification shall be made | 20 | | available to the victim and his or her designated legal | 21 | | representative. | 22 | | (j) A person who commits involuntary servitude, | 23 | | involuntary sexual servitude of a minor, or trafficking in | 24 | | persons under subsection (b), (c), or (d) of this Section is | 25 | | subject to the property forfeiture provisions set forth in | 26 | | Article 124B of the Code of Criminal Procedure of 1963.
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| 1 | | (Source: P.A. 101-18, eff. 1-1-20 .) | 2 | | Section 10. The Code of Criminal Procedure of 1963 is | 3 | | amended by changing Section 110-4 as follows:
| 4 | | (725 ILCS 5/110-4) (from Ch. 38, par. 110-4)
| 5 | | Sec. 110-4. Bailable Offenses.
| 6 | | (a) All persons shall be bailable before conviction, except | 7 | | the
following offenses where the proof is evident or the | 8 | | presumption great that
the defendant is guilty of the offense: | 9 | | capital offenses; offenses for
which a sentence of life | 10 | | imprisonment may be imposed as a consequence of
conviction; | 11 | | felony offenses for which a sentence of imprisonment,
without | 12 | | conditional and revocable release, shall be imposed
by law as a | 13 | | consequence of conviction, where the court after a hearing,
| 14 | | determines that the release of the defendant would pose a real | 15 | | and present
threat to the physical safety of any person or | 16 | | persons; involuntary sexual servitude of a minor in violation | 17 | | of subsection (c) of Section 10-9 of the Criminal Code of 2012 | 18 | | if the defendant had a previous conviction for that offense; | 19 | | stalking or
aggravated stalking, where the court, after a | 20 | | hearing, determines that the
release of the defendant would | 21 | | pose a real and present threat to the
physical safety of the | 22 | | alleged victim of the offense and denial of bail
is necessary | 23 | | to prevent fulfillment of the threat upon which the charge
is | 24 | | based;
or unlawful use of weapons in violation of item (4) of |
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| 1 | | subsection (a) of
Section 24-1 of the
Criminal Code of 1961 or | 2 | | the Criminal Code of 2012 when that offense occurred in a | 3 | | school or in any
conveyance owned,
leased, or contracted by a | 4 | | school to transport students to or from school or a
| 5 | | school-related
activity, or on any public way within 1,000 feet | 6 | | of real property comprising
any school, where
the court, after | 7 | | a hearing, determines that the release of the defendant would
| 8 | | pose a real and
present threat to the physical safety of any | 9 | | person and denial of bail is
necessary to prevent
fulfillment | 10 | | of that threat; or making a terrorist threat in violation of
| 11 | | Section 29D-20 of the Criminal Code of 1961 or the Criminal | 12 | | Code of 2012 or an attempt to commit the offense of making a | 13 | | terrorist threat, where the court, after a hearing, determines | 14 | | that the release of the defendant would pose a real and present | 15 | | threat to the physical safety of any person and denial of bail | 16 | | is necessary to prevent fulfillment of that threat.
| 17 | | (b) A person seeking release on bail who is charged with a | 18 | | capital
offense or an offense for which a sentence of life | 19 | | imprisonment may be
imposed shall not be bailable until a | 20 | | hearing is held wherein such person
has the burden of | 21 | | demonstrating that the proof of his guilt is not evident
and | 22 | | the presumption is not great.
| 23 | | (c) Where it is alleged that bail should be denied to a | 24 | | person upon the
grounds that the person presents a real and | 25 | | present threat to the physical
safety of any person or persons, | 26 | | the burden of proof of such allegations
shall be upon the |
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| 1 | | State.
| 2 | | (d) When it is alleged that bail should be denied to a | 3 | | person
charged with stalking or aggravated stalking upon the | 4 | | grounds set forth in
Section 110-6.3 of this Code, the burden | 5 | | of proof of those allegations shall be
upon the State.
| 6 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 7 | | Section 15. The Sex Offender Registration Act is amended by | 8 | | changing 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 | 12 | | person 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 | 20 | | act, or result
from offenses committed at the same time, shall | 21 | | be counted for the purpose of
this Article as one conviction. | 22 | | Any conviction set aside pursuant to law is
not a conviction | 23 | | for purposes of this Article.
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For purposes of this Section, "convicted" shall have the | 25 | | same 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 or traveling to | 20 | | meet a child), | 21 | | 11-1.20 or 12-13 (criminal sexual assault),
| 22 | | 11-1.30 or 12-14 (aggravated criminal sexual | 23 | | assault),
| 24 | | 11-1.40 or 12-14.1 (predatory criminal sexual | 25 | | assault of a child),
| 26 | | 11-1.50 or 12-15 (criminal sexual abuse),
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| 1 | | 11-1.60 or 12-16 (aggravated criminal sexual | 2 | | abuse),
| 3 | | 12-33 (ritualized abuse of a child).
| 4 | | An attempt to commit any of these offenses.
| 5 | | (1.5)
A violation of any of the following Sections of | 6 | | the
Criminal Code of 1961 or the Criminal Code of 2012, | 7 | | when the victim is a person under 18 years of age, the
| 8 | | defendant is not a parent of the victim, the offense was | 9 | | sexually motivated as defined in Section 10 of the Sex | 10 | | Offender Evaluation and Treatment Act, and the offense was | 11 | | committed on or
after January 1, 1996:
| 12 | | 10-1 (kidnapping),
| 13 | | 10-2 (aggravated kidnapping),
| 14 | | 10-3 (unlawful restraint),
| 15 | | 10-3.1 (aggravated unlawful restraint).
| 16 | | If the offense was committed before January 1, 1996, it | 17 | | is a sex offense requiring registration only when the | 18 | | person is convicted of any felony after July 1, 2011, and | 19 | | paragraph (2.1) of subsection (c) of Section 3 of this Act | 20 | | applies. | 21 | | (1.6)
First degree murder under Section 9-1 of the | 22 | | Criminal Code of 1961 or the Criminal Code of 2012,
| 23 | | provided the offense was sexually motivated as defined in | 24 | | Section 10 of the Sex Offender Management Board Act.
| 25 | | (1.7) (Blank).
| 26 | | (1.8) A violation or attempted violation of Section |
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| 1 | | 11-11 (sexual
relations within families) of the Criminal | 2 | | Code of 1961 or the Criminal Code of 2012, and the offense | 3 | | was committed on or after
June 1, 1997. If the offense was | 4 | | committed before June 1, 1997, it is a sex offense | 5 | | requiring registration only when the person is convicted of | 6 | | any felony after July 1, 2011, and paragraph (2.1) of | 7 | | subsection (c) of Section 3 of this Act applies.
| 8 | | (1.9) Child abduction under paragraph (10) of | 9 | | subsection
(b) of Section 10-5 of the Criminal Code of 1961 | 10 | | or the Criminal Code of 2012 committed by luring or
| 11 | | attempting to lure a child under the age of 16 into a motor | 12 | | vehicle, building,
house trailer, or dwelling place | 13 | | without the consent of the parent or lawful
custodian of | 14 | | the child for other than a lawful purpose and the offense | 15 | | was
committed on or after January 1, 1998, provided the | 16 | | offense was sexually motivated as defined in Section 10 of | 17 | | the Sex Offender Management Board Act. If the offense was | 18 | | committed before January 1, 1998, it is a sex offense | 19 | | requiring registration only when the person is convicted of | 20 | | any felony after July 1, 2011, and paragraph (2.1) of | 21 | | subsection (c) of Section 3 of this Act applies.
| 22 | | (1.10) A violation or attempted violation of any of the | 23 | | following Sections
of the Criminal Code of 1961 or the | 24 | | Criminal Code of 2012 when the offense was committed on or | 25 | | after July
1, 1999:
| 26 | | 10-4 (forcible detention, if the victim is under 18 |
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| 1 | | years of age), provided the offense was sexually | 2 | | motivated as defined in Section 10 of the Sex Offender | 3 | | Management Board Act,
| 4 | | 11-6.5 (indecent solicitation of an adult),
| 5 | | 11-14.3 that involves soliciting for a prostitute, | 6 | | or 11-15 (soliciting for a prostitute, if the victim is | 7 | | under 18 years
of age),
| 8 | | subdivision (a)(2)(A) or (a)(2)(B) of Section | 9 | | 11-14.3, or Section 11-16 (pandering, if the victim is | 10 | | under 18 years of age),
| 11 | | 11-18 (patronizing a prostitute, if the victim is | 12 | | under 18 years
of age),
| 13 | | subdivision (a)(2)(C) of Section 11-14.3, or | 14 | | Section 11-19 (pimping, if the victim is under 18 years | 15 | | of age).
| 16 | | If the offense was committed before July 1, 1999, it is | 17 | | a sex offense requiring registration only when the person | 18 | | is convicted of any felony after July 1, 2011, and | 19 | | paragraph (2.1) of subsection (c) of Section 3 of this Act | 20 | | applies. | 21 | | (1.11) 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 August 22, 2002:
| 25 | | 11-9 or 11-30 (public indecency for a third or | 26 | | subsequent conviction). |
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| 1 | | If the third or subsequent conviction was imposed | 2 | | before August 22, 2002, it is a sex offense requiring | 3 | | registration only when the person is convicted of any | 4 | | felony after July 1, 2011, and paragraph (2.1) of | 5 | | subsection (c) of Section 3 of this Act applies.
| 6 | | (1.12) A violation or attempted violation of Section
| 7 | | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the | 8 | | Criminal Code of 1961 or the Criminal Code of 2012 | 9 | | (permitting sexual abuse) when the
offense was committed on | 10 | | or after August 22, 2002. If the offense was committed | 11 | | before August 22, 2002, it is a sex offense requiring | 12 | | registration only when the person is convicted of any | 13 | | felony after July 1, 2011, and paragraph (2.1) of | 14 | | subsection (c) of Section 3 of this Act applies.
| 15 | | (1.13) A violation or attempted violation of | 16 | | subsection (c) of Section 10-9 of the Criminal Code of 2012 | 17 | | (involuntary sexual servitude of a minor) when the offense | 18 | | was committed on or after January 1, 2021. If the offense | 19 | | was committed before January 1, 2021, it is a sex offense | 20 | | requiring registration only when the person is convicted of | 21 | | any felony on or after January 1, 2021, and paragraph (2.1) | 22 | | of subsection (c) of Section 3 of this Act applies. | 23 | | (2) A violation of any former law of this State | 24 | | substantially equivalent
to any offense listed in | 25 | | subsection (B) of this Section.
| 26 | | (C) A conviction for an offense of federal law, Uniform |
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| 1 | | Code of Military
Justice, or the law of another state
or a | 2 | | foreign country that is substantially equivalent to any offense | 3 | | listed
in subsections (B), (C), (E), and (E-5) of this Section | 4 | | shall
constitute a
conviction for the purpose
of this Article. | 5 | | A finding or adjudication as a sexually dangerous person
or a | 6 | | sexually violent person under any federal law, Uniform Code of | 7 | | Military
Justice, or the law of another state or
foreign | 8 | | country that is substantially equivalent to the Sexually | 9 | | Dangerous
Persons Act or the Sexually Violent Persons | 10 | | Commitment Act shall constitute an
adjudication for the | 11 | | purposes of this Article.
| 12 | | (C-5) A person at least 17 years of age at the time of the | 13 | | commission of
the offense who is convicted of first degree | 14 | | murder under Section 9-1 of the
Criminal Code of 1961 or the | 15 | | Criminal Code of 2012, against a person
under 18 years of age, | 16 | | shall be required to register
for natural life.
A conviction | 17 | | for an offense of federal, Uniform Code of Military Justice,
| 18 | | sister state, or foreign country law that is substantially | 19 | | equivalent to any
offense listed in subsection (C-5) of this | 20 | | Section shall constitute a
conviction for the purpose of this | 21 | | Article. This subsection (C-5) applies to a person who | 22 | | committed the offense before June 1, 1996 if: (i) the person is | 23 | | incarcerated in an Illinois Department of Corrections facility | 24 | | on August 20, 2004 (the effective date of Public Act 93-977), | 25 | | or (ii) subparagraph (i) does not apply and the person is | 26 | | convicted of any felony after July 1, 2011, and paragraph (2.1) |
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| 1 | | of subsection (c) of Section 3 of this Act applies.
| 2 | | (C-6) A person who is convicted or adjudicated delinquent | 3 | | of first degree murder as defined in Section 9-1 of the | 4 | | Criminal Code of 1961 or the Criminal Code of 2012, against a | 5 | | person 18 years of age or over, shall be required to register | 6 | | for his or her natural life. A conviction for an offense of | 7 | | federal, Uniform Code of Military Justice, sister state, or | 8 | | foreign country law that is substantially equivalent to any | 9 | | offense listed in subsection (C-6) of this Section shall | 10 | | constitute a conviction for the purpose of this Article. This | 11 | | subsection (C-6) does not apply to those individuals released | 12 | | from incarceration more than 10 years prior to January 1, 2012 | 13 | | (the effective date of Public Act 97-154). | 14 | | (D) As used in this Article, "law enforcement agency having | 15 | | jurisdiction"
means the Chief of Police in each of the | 16 | | municipalities in which the sex offender
expects to reside, | 17 | | work, or attend school (1) upon his or her discharge,
parole or | 18 | | release or
(2) during the service of his or her sentence of | 19 | | probation or conditional
discharge, or the Sheriff of the | 20 | | county, in the event no Police Chief exists
or if the offender | 21 | | intends to reside, work, or attend school in an
unincorporated | 22 | | area.
"Law enforcement agency having jurisdiction" includes | 23 | | the location where
out-of-state students attend school and | 24 | | where out-of-state employees are
employed or are otherwise | 25 | | required to register.
| 26 | | (D-1) As used in this Article, "supervising officer" means |
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| 1 | | the assigned Illinois Department of Corrections parole agent or | 2 | | county probation officer. | 3 | | (E) As used in this Article, "sexual predator" means any | 4 | | person who,
after July 1, 1999, is:
| 5 | | (1) Convicted for an offense of federal, Uniform Code | 6 | | of Military
Justice, sister state, or foreign country law | 7 | | that is substantially equivalent
to any offense listed in | 8 | | subsection (E) or (E-5) of this Section shall constitute a
| 9 | | conviction for the purpose of this Article.
Convicted of a | 10 | | violation or attempted violation of any of the following
| 11 | | Sections of the
Criminal Code of 1961 or the Criminal Code | 12 | | of 2012:
| 13 | | 10-5.1 (luring of a minor), | 14 | | 11-14.4 that involves keeping a place of juvenile | 15 | | prostitution, or 11-17.1 (keeping a place of juvenile | 16 | | prostitution),
| 17 | | subdivision (a)(2) or (a)(3) of Section 11-14.4, | 18 | | or Section 11-19.1 (juvenile pimping),
| 19 | | subdivision (a)(4) of Section 11-14.4, or Section | 20 | | 11-19.2 (exploitation of a child),
| 21 | | 11-20.1 (child pornography),
| 22 | | 11-20.1B or 11-20.3 (aggravated child | 23 | | pornography), | 24 | | 11-1.20 or 12-13 (criminal sexual assault),
| 25 | | 11-1.30 or 12-14 (aggravated criminal sexual | 26 | | assault),
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| 1 | | 11-1.40 or 12-14.1 (predatory criminal sexual | 2 | | assault of a child),
| 3 | | 11-1.60 or 12-16 (aggravated criminal sexual | 4 | | abuse),
| 5 | | 12-33 (ritualized abuse of a child);
| 6 | | (2) (blank);
| 7 | | (3) declared as a sexually dangerous person pursuant to | 8 | | the Sexually
Dangerous Persons Act or any substantially | 9 | | similar federal, Uniform Code of
Military Justice, sister | 10 | | state, or
foreign country law;
| 11 | | (4) found to be a sexually violent person pursuant to | 12 | | the Sexually Violent
Persons Commitment Act or any | 13 | | substantially similar federal, Uniform Code of
Military | 14 | | Justice, sister state, or
foreign country law;
| 15 | | (5) convicted of a second or subsequent offense which | 16 | | requires
registration pursuant to this Act. For purposes of | 17 | | this paragraph
(5), "convicted" shall include a conviction | 18 | | under any
substantially similar
Illinois, federal, Uniform | 19 | | Code of Military Justice, sister state, or
foreign country | 20 | | law;
| 21 | | (6) (blank); or | 22 | | (7) if the person was convicted of an offense set forth | 23 | | in this subsection (E) on or before July 1, 1999, the | 24 | | person is a sexual predator for whom registration is | 25 | | required only when the person is convicted of a felony | 26 | | offense after July 1, 2011, and paragraph (2.1) of |
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| 1 | | subsection (c) of Section 3 of this Act applies. | 2 | | (E-5) As used in this Article, "sexual predator" also means | 3 | | a person convicted of a violation or attempted violation of any | 4 | | of the following
Sections of the
Criminal Code of 1961 or the | 5 | | Criminal Code of 2012: | 6 | | (1) Section 9-1 (first degree murder,
when the victim | 7 | | was a person under 18 years of age and the defendant was at | 8 | | least
17 years of age at the time of the commission of the | 9 | | offense, provided the offense was sexually motivated as | 10 | | defined in Section 10 of the Sex Offender Management Board | 11 | | Act); | 12 | | (2) Section 11-9.5 (sexual misconduct with a person | 13 | | with a disability); | 14 | | (3) when the victim is a person under 18 years of age, | 15 | | the
defendant is not a parent of the victim, the offense | 16 | | was sexually motivated as defined in Section 10 of the Sex | 17 | | Offender Management Board Act, and the offense was | 18 | | committed on or
after January 1, 1996: (A) Section 10-1 | 19 | | (kidnapping), (B) Section 10-2 (aggravated kidnapping), | 20 | | (C) Section 10-3 (unlawful restraint), and (D) Section | 21 | | 10-3.1 (aggravated unlawful restraint); and | 22 | | (4) Section 10-5(b)(10) (child abduction committed by | 23 | | luring or
attempting to lure a child under the age of 16 | 24 | | into a motor vehicle, building,
house trailer, or dwelling | 25 | | place without the consent of the parent or lawful
custodian | 26 | | of the child for other than a lawful purpose and the |
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| 1 | | offense was
committed on or after January 1, 1998, provided | 2 | | the offense was sexually motivated as defined in Section 10 | 3 | | of the Sex Offender Management Board Act). | 4 | | (E-10) As used in this Article, "sexual predator" also | 5 | | means a person required to register in another State due to a | 6 | | conviction, adjudication or other action of any court | 7 | | triggering an obligation to register as a sex offender, sexual | 8 | | predator, or substantially similar status under the laws of | 9 | | that State. | 10 | | (F) As used in this Article, "out-of-state student" means | 11 | | any sex
offender, as defined in this Section,
or sexual | 12 | | predator who is enrolled in Illinois, on a full-time or | 13 | | part-time
basis, in any public or private educational | 14 | | institution, including, but not
limited to, any secondary | 15 | | school, trade or professional institution, or
institution of | 16 | | higher learning.
| 17 | | (G) As used in this Article, "out-of-state employee" means | 18 | | any sex
offender, as defined in this Section,
or sexual | 19 | | predator who works in Illinois, regardless of whether the | 20 | | individual
receives payment for services performed, for a | 21 | | period of time of 10 or more days
or for an aggregate period of | 22 | | time of 30 or more days
during any calendar year.
Persons who | 23 | | operate motor vehicles in the State accrue one day of | 24 | | employment
time for any portion of a day spent in Illinois.
| 25 | | (H) As used in this Article, "school" means any public or | 26 | | private educational institution, including, but not limited |
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| 1 | | to, any elementary or secondary school, trade or professional | 2 | | institution, or institution of higher education. | 3 | | (I) As used in this Article, "fixed residence" means any | 4 | | and all places that a sex offender resides for an aggregate | 5 | | period of time of 5 or more days in a calendar year.
| 6 | | (J) As used in this Article, "Internet protocol address" | 7 | | means the string of numbers by which a location on the Internet | 8 | | is identified by routers or other computers connected to the | 9 | | Internet. | 10 | | (Source: P.A. 100-428, eff. 1-1-18 .)
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