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90_HB0379enr
730 ILCS 150/2 from Ch. 38, par. 222
Amends the Sex Offender Registration Act. Includes in
the definition of a sex offense child abduction committed by
intentionally luring or attempting to lure a child under 16
years of age into a vehicle or dwelling place without
parental consent for an unlawful purpose.
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1 AN ACT in relation to criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 2. The Criminal Code of 1961 is amended by
5 changing Section 10-5 as follows:
6 (720 ILCS 5/10-5) (from Ch. 38, par. 10-5)
7 Sec. 10-5. Child Abduction.
8 (a) For purposes of this Section, the following terms
9 shall have the following meanings:
10 (1) "Child" means a person under the age of 18 or
11 an institutionalized severely or profoundly mentally
12 retarded person at the time the alleged violation
13 occurred; and
14 (2) "Detains" means taking or retaining physical
15 custody of a child, whether or not the child resists or
16 objects; and
17 (3) "Lawful custodian" means a person or persons
18 granted legal custody of a child or entitled to physical
19 possession of a child pursuant to a court order. It is
20 presumed that, when the parties have never been married
21 to each other, the mother has legal custody of the child
22 unless a valid court order states otherwise. If an
23 adjudication of paternity has been completed and the
24 father has been assigned support obligations or
25 visitation rights, such a paternity order should, for the
26 purposes of this Section be considered a valid court
27 order granting custody to the mother.
28 (b) A person commits child abduction when he or she:
29 (1) Intentionally violates any terms of a valid
30 court order granting sole or joint custody, care or
31 possession to another, by concealing or detaining the
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1 child or removing the child from the jurisdiction of the
2 court; or
3 (2) Intentionally violates a court order
4 prohibiting the person from concealing or detaining the
5 child or removing the child from the jurisdiction of the
6 court; or
7 (3) Intentionally conceals, detains or removes the
8 child without the consent of the mother or lawful
9 custodian of the child if the person is a putative father
10 and either: (A) the paternity of the child has not been
11 legally established or (B) the paternity of the child has
12 been legally established but no orders relating to
13 custody have been entered. However, notwithstanding the
14 presumption created by paragraph (3) of subsection (a), a
15 mother commits child abduction when she intentionally
16 conceals or removes a child, whom she has abandoned or
17 relinquished custody of, from an unadjudicated father who
18 has provided sole ongoing care and custody of the child
19 in her absence; or
20 (4) Intentionally conceals or removes the child
21 from a parent after filing a petition or being served
22 with process in an action affecting marriage or paternity
23 but prior to the issuance of a temporary or final order
24 determining custody; or
25 (5) At the expiration of visitation rights outside
26 the State, intentionally fails or refuses to return or
27 impedes the return of the child to the lawful custodian
28 in Illinois; or
29 (6) Being a parent of the child, and where the
30 parents of such child are or have been married and there
31 has been no court order of custody, conceals the child
32 for 15 days, and fails to make reasonable attempts within
33 the 15 day period to notify the other parent as to the
34 specific whereabouts of the child, including a means by
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1 which to contact such child, or to arrange reasonable
2 visitation or contact with the child. It is not a
3 violation of this Section for a person fleeing domestic
4 violence to take the child with him or her to housing
5 provided by a domestic violence program; or
6 (7) Being a parent of the child, and where the
7 parents of the child are or have been married and there
8 has been no court order of custody, conceals, detains, or
9 removes the child with physical force or threat of
10 physical force; or
11 (8) Conceals, detains, or removes the child for
12 payment or promise of payment at the instruction of a
13 person who has no legal right to custody; or
14 (9) Retains in this State for 30 days a child
15 removed from another state without the consent of the
16 lawful custodian or in violation of a valid court order
17 of custody; or
18 (10) Intentionally lures or attempts to lure a
19 child under the age of 16 into a motor vehicle, building,
20 housetrailer, or dwelling place without the consent of
21 the parent or lawful custodian of the child for other
22 than a lawful purpose.
23 For the purposes of this subsection (b), paragraph (10),
24 the luring or attempted luring of a child under the age of 16
25 into a motor vehicle, building, housetrailer, or dwelling
26 place without the consent of the parent or lawful custodian
27 of the child shall be prima facie evidence of other than a
28 lawful purpose.
29 (c) It shall be an affirmative defense that:
30 (1) The person had custody of the child pursuant to
31 a court order granting legal custody or visitation rights
32 which existed at the time of the alleged violation; or
33 (2) The person had physical custody of the child
34 pursuant to a court order granting legal custody or
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1 visitation rights and failed to return the child as a
2 result of circumstances beyond his or her control, and
3 the person notified and disclosed to the other parent or
4 legal custodian the specific whereabouts of the child and
5 a means by which such child can be contacted or made a
6 reasonable attempt to notify the other parent or lawful
7 custodian of the child of such circumstances and make
8 such disclosure within 24 hours after the visitation
9 period had expired and returned the child as soon as
10 possible; or
11 (3) The person was fleeing an incidence or pattern
12 of domestic violence; or
13 (4) The person lured or attempted to lure a child
14 under the age of 16 into a motor vehicle, building,
15 housetrailer, or dwelling place for a lawful purpose in
16 prosecutions under subsection (b), paragraph (10).
17 (d) A person convicted of child abduction under this
18 Section is guilty of a Class 4 felony. A person convicted of
19 a second or subsequent violation of paragraph (10) of
20 subsection (b) of this Section is guilty of a Class 3 felony.
21 It shall be a factor in aggravation for which a court may
22 impose a more severe sentence under Section 5-8-1 of the
23 Unified Code of Corrections, if upon sentencing the court
24 finds evidence of any of the following aggravating factors:
25 (1) that the defendant abused or neglected the
26 child following the concealment, detention or removal of
27 the child; or
28 (2) that the defendant inflicted or threatened to
29 inflict physical harm on a parent or lawful custodian of
30 the child or on the child with intent to cause such
31 parent or lawful custodian to discontinue criminal
32 prosecution of the defendant under this Section; or
33 (3) that the defendant demanded payment in exchange
34 for return of the child or demanded that he or she be
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1 relieved of the financial or legal obligation to support
2 the child in exchange for return of the child; or
3 (4) that the defendant has previously been
4 convicted of child abduction; or
5 (5) that the defendant committed the abduction
6 while armed with a deadly weapon or the taking of the
7 child resulted in serious bodily injury to another; or .
8 (6) that the defendant committed the abduction
9 while in a school, regardless of the time of day or time
10 of year; in a playground; on any conveyance owned,
11 leased, or contracted by a school to transport students
12 to or from school or a school related activity; on the
13 real property of a school; or on a public way within
14 1,000 feet of the real property comprising any school or
15 playground. For purposes of this paragraph (6),
16 "playground" means a piece of land owned or controlled by
17 a unit of local government that is designated by the unit
18 of local government for use solely or primarily for
19 children's recreation; and "school" means a public or
20 private elementary or secondary school, community
21 college, college, or university.
22 (e) The court may order the child to be returned to the
23 parent or lawful custodian from whom the child was concealed,
24 detained or removed. In addition to any sentence imposed,
25 the court may assess any reasonable expense incurred in
26 searching for or returning the child against any person
27 convicted of violating this Section.
28 (f) Nothing contained in this Section shall be construed
29 to limit the court's contempt power.
30 (g) Every law enforcement officer investigating an
31 alleged incident of child abduction shall make a written
32 police report of any bona fide allegation and the disposition
33 of such investigation. Every police report completed
34 pursuant to this Section shall be compiled and recorded
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1 within the meaning of Section 5.1 of "An Act in relation to
2 criminal identification and investigation", approved July 2,
3 1931, as now or hereafter amended.
4 (h) Whenever a law enforcement officer has reasons to
5 believe a child abduction has occurred, he shall provide the
6 lawful custodian a summary of her or his rights under this
7 Act, including the procedures and relief available to her or
8 him.
9 (i) If during the course of an investigation under this
10 Section the child is found in the physical custody of the
11 defendant or another, the law enforcement officer shall
12 return the child to the parent or lawful custodian from whom
13 the child was concealed, detained or removed, unless there is
14 good cause for the law enforcement officer or the Department
15 of Children and Family Services to retain temporary
16 protective custody of the child pursuant to the Abused and
17 Neglected Child Reporting Act, as now or hereafter amended.
18 (Source: P.A. 85-1440; 86-312.)
19 Section 5. The Sex Offender Registration Act is amended
20 by changing Section 2 as follows:
21 (730 ILCS 150/2) (from Ch. 38, par. 222)
22 Sec. 2. Definitions. As used in this Article, the
23 following definitions apply:
24 (A) "Sex offender" means any person who is:
25 (1) charged pursuant to Illinois law, or any
26 substantially similar federal or sister state law, with a
27 sex offense set forth in subsection (B) of this Section
28 or the attempt to commit an included sex offense, and:
29 (a) is convicted of such offense or an attempt
30 to commit such offense; or
31 (b) is found not guilty by reason of insanity
32 of such offense or an attempt to commit such
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1 offense; or
2 (c) is found not guilty by reason of insanity
3 pursuant to Section 104-25(c) of the Code of
4 Criminal Procedure of 1963 of such offense or an
5 attempt to commit such offense; or
6 (d) is the subject of a finding not resulting
7 in an acquittal at a hearing conducted pursuant to
8 Section 104-25(a) of the Code of Criminal Procedure
9 of 1963 for the alleged commission or attempted
10 commission of such offense; or
11 (e) is found not guilty by reason of insanity
12 following a hearing conducted pursuant to a federal
13 or sister state law substantially similar to Section
14 104-25(c) of the Code of Criminal Procedure of 1963
15 of such offense or of the attempted commission of
16 such offense; or
17 (f) is the subject of a finding not resulting
18 in an acquittal at a hearing conducted pursuant to a
19 federal or sister state law substantially similar to
20 Section 104-25(a) of the Code of Criminal Procedure
21 of 1963 for the alleged violation or attempted
22 commission of such offense; or
23 (2) certified as a sexually dangerous person
24 pursuant to the Illinois Sexually Dangerous Persons Act,
25 or any substantially similar federal or sister state law,
26 when any conduct giving rise to such certification is
27 committed or attempted against a person less than 18
28 years of age; or
29 (3) subject to the provisions of Section 2 of the
30 Interstate Agreements on Sexually Dangerous Persons Act.
31 Convictions that result from or are connected with the
32 same act, or result from offenses committed at the same time,
33 shall be counted for the purpose of this Article as one
34 conviction. Any conviction set aside pursuant to law is not
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1 a conviction for purposes of this Article.
2 (B) As used in this Section, "sex offense" means:
3 (1) A violation of any of the following Sections of
4 the Criminal Code of 1961 when the violation is a felony:
5 11-20.1 (child pornography),
6 11-6 (indecent solicitation of a child),
7 11-9.1 (sexual exploitation of a child),
8 11-15.1 (soliciting for a juvenile prostitute),
9 11-18.1 (patronizing a juvenile prostitute),
10 11-17.1 (keeping a place of juvenile
11 prostitution),
12 11-19.1 (juvenile pimping),
13 11-19.2 (exploitation of a child),
14 12-13 (criminal sexual assault),
15 12-14 (aggravated criminal sexual assault),
16 12-14.1 (predatory criminal sexual assault of a
17 child),
18 12-15 (criminal sexual abuse),
19 12-16 (aggravated criminal sexual abuse),
20 12-33 (ritualized abuse of a child).
21 An attempt to commit any of these offenses.
22 (1.5) A felony violation of any of the following
23 Sections of the Criminal Code of 1961, when the victim is
24 a person under 18 years of age, the defendant is not a
25 parent of the victim, and the offense was committed on or
26 after January 1, 1996:
27 10-1 (kidnapping),
28 10-2 (aggravated kidnapping),
29 10-3 (unlawful restraint),
30 10-3.1 (aggravated unlawful restraint).
31 An attempt to commit any of these offenses.
32 (1.6) First degree murder under Section 9-1 of the
33 Criminal Code of 1961 when the victim was a person under 18
34 years of age, the defendant was at least 17 years of age at
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1 the time of the commission of the offense, and the offense
2 was committed on or after June 1, 1996.
3 (1.7) Child abduction under paragraph (10) of subsection
4 (b) of Section 10-5 of the Criminal Code of 1961 committed by
5 luring or attempting to lure a child under the age of 16 into
6 a motor vehicle, building, housetrailer, or dwelling place
7 without the consent of the parent or lawful custodian of the
8 child for other than a lawful purpose and the offense was
9 committed on or after the effective date of this amendatory
10 Act of 1997.
11 (2) A violation of any former law of this State
12 substantially equivalent to any offense listed in
13 subsection (B)(1) of this Section.
14 (C) A conviction for an offense of federal law or the
15 law of another state that is substantially equivalent to any
16 offense listed in subsection (B) of this Section shall
17 constitute a conviction for the purpose of this Article. A
18 finding or adjudication as a sexually dangerous person under
19 any federal law or law of another state that is substantially
20 equivalent to the Sexually Dangerous Persons Act shall
21 constitute an adjudication for the purposes of this Article.
22 (C-5) A person at least 17 years of age at the time of
23 the commission of the offense who is convicted of first
24 degree murder under Section 9-1 of the Criminal Code of 1961,
25 committed on or after June 1, 1996 against a person under 18
26 years of age, shall be required to register for a period of
27 10 years after conviction or adjudication if not confined to
28 a penal institution, hospital, or any other institution or
29 facility, and if confined, for a period of 10 years after
30 parole, discharge, or release from the facility. Liability
31 for registration terminates at the expiration of 10 years
32 from the date of conviction or adjudication if not confined
33 in a penal institution, hospital, or any other institution or
34 facility, and if confined at the expiration of 10 years from
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1 the date of parole, discharge, or release from any facility;
2 provided that the child murderer does not, during that period
3 again become liable to register under the provisions of this
4 Article or the Child Sex Offender and Murderer Community
5 Notification Law.
6 (D) As used in this Article, "law enforcement agency
7 having jurisdiction" means the Chief of Police in the
8 municipality in which the sex offender expects to reside (1)
9 upon his or her discharge, parole or release or (2) during
10 the service of his or her sentence of probation or
11 conditional discharge, or the Sheriff of the county, in the
12 event no Police Chief exists or if the offender intends to
13 reside in an unincorporated area.
14 (Source: P.A. 88-467; 89-8, eff. 1-1-96; 89-428, eff. 6-1-96;
15 89-462, eff. 6-1-96.)