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90_HB1424
730 ILCS 150/2 from Ch. 38, par. 222
730 ILCS 150/2.5 new
Amends the Sex Offender Registration Act. Permits the
court to order registration as a sex offender of a defendant
who is convicted of an offense, upon motion of the
prosecuting State's Attorney or the Attorney General, if a
preponderance of the evidence indicates that the defendant
has criminal propensities towards acts of sexual assault or
acts of sexual molestation of children. Effective January 1,
1998.
LRB9004112RCks
LRB9004112RCks
1 AN ACT to amend the Sex Offender Registration Act by
2 changing Section 2 and adding Section 2.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Sex Offender Registration Act is amended
6 by changing Section 2 and adding Section 2.5 as follows:
7 (730 ILCS 150/2) (from Ch. 38, par. 222)
8 Sec. 2. Definitions. As used in this Article, the
9 following definitions apply:
10 (A) "Sex offender" means any person who is:
11 (1) charged pursuant to Illinois law, or any
12 substantially similar federal or sister state law, with a
13 sex offense set forth in subsection (B) of this Section
14 or the attempt to commit an included sex offense, and:
15 (a) is convicted of such offense or an attempt
16 to commit such offense; or
17 (b) is found not guilty by reason of insanity
18 of such offense or an attempt to commit such
19 offense; or
20 (c) is found not guilty by reason of insanity
21 pursuant to Section 104-25(c) of the Code of
22 Criminal Procedure of 1963 of such offense or an
23 attempt to commit such offense; or
24 (d) is the subject of a finding not resulting
25 in an acquittal at a hearing conducted pursuant to
26 Section 104-25(a) of the Code of Criminal Procedure
27 of 1963 for the alleged commission or attempted
28 commission of such offense; or
29 (e) is found not guilty by reason of insanity
30 following a hearing conducted pursuant to a federal
31 or sister state law substantially similar to Section
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1 104-25(c) of the Code of Criminal Procedure of 1963
2 of such offense or of the attempted commission of
3 such offense; or
4 (f) is the subject of a finding not resulting
5 in an acquittal at a hearing conducted pursuant to a
6 federal or sister state law substantially similar to
7 Section 104-25(a) of the Code of Criminal Procedure
8 of 1963 for the alleged violation or attempted
9 commission of such offense; or
10 (2) certified as a sexually dangerous person
11 pursuant to the Illinois Sexually Dangerous Persons Act,
12 or any substantially similar federal or sister state law,
13 when any conduct giving rise to such certification is
14 committed or attempted against a person less than 18
15 years of age; or
16 (3) subject to the provisions of Section 2 of the
17 Interstate Agreements on Sexually Dangerous Persons Act;
18 or .
19 (4) required to register under this Article under a
20 court order issued under Section 2.5 of this Article.
21 Convictions that result from or are connected with the
22 same act, or result from offenses committed at the same time,
23 shall be counted for the purpose of this Article as one
24 conviction. Any conviction set aside pursuant to law is not
25 a conviction for purposes of this Article.
26 (B) As used in this Section, "sex offense" means:
27 (1) A violation of any of the following Sections of
28 the Criminal Code of 1961 when the violation is a felony:
29 11-20.1 (child pornography),
30 11-6 (indecent solicitation of a child),
31 11-9.1 (sexual exploitation of a child),
32 11-15.1 (soliciting for a juvenile prostitute),
33 11-18.1 (patronizing a juvenile prostitute),
34 11-17.1 (keeping a place of juvenile
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1 prostitution),
2 11-19.1 (juvenile pimping),
3 11-19.2 (exploitation of a child),
4 12-13 (criminal sexual assault),
5 12-14 (aggravated criminal sexual assault),
6 12-14.1 (predatory criminal sexual assault of a
7 child),
8 12-15 (criminal sexual abuse),
9 12-16 (aggravated criminal sexual abuse),
10 12-33 (ritualized abuse of a child).
11 An attempt to commit any of these offenses.
12 (1.5) A felony violation of any of the following
13 Sections of the Criminal Code of 1961, when the victim is
14 a person under 18 years of age, the defendant is not a
15 parent of the victim, and the offense was committed on or
16 after January 1, 1996:
17 10-1 (kidnapping),
18 10-2 (aggravated kidnapping),
19 10-3 (unlawful restraint),
20 10-3.1 (aggravated unlawful restraint).
21 An attempt to commit any of these offenses.
22 (1.6) First degree murder under Section 9-1 of the
23 Criminal Code of 1961 when the victim was a person under 18
24 years of age, the defendant was at least 17 years of age at
25 the time of the commission of the offense, and the offense
26 was committed on or after June 1, 1996.
27 (2) A violation of any former law of this State
28 substantially equivalent to any offense listed in
29 subsection (B)(1) of this Section.
30 (C) A conviction for an offense of federal law or the
31 law of another state that is substantially equivalent to any
32 offense listed in subsection (B) of this Section shall
33 constitute a conviction for the purpose of this Article. A
34 finding or adjudication as a sexually dangerous person under
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1 any federal law or law of another state that is substantially
2 equivalent to the Sexually Dangerous Persons Act shall
3 constitute an adjudication for the purposes of this Article.
4 (C-5) A person at least 17 years of age at the time of
5 the commission of the offense who is convicted of first
6 degree murder under Section 9-1 of the Criminal Code of 1961,
7 committed on or after June 1, 1996 against a person under 18
8 years of age, shall be required to register for a period of
9 10 years after conviction or adjudication if not confined to
10 a penal institution, hospital, or any other institution or
11 facility, and if confined, for a period of 10 years after
12 parole, discharge, or release from the facility. Liability
13 for registration terminates at the expiration of 10 years
14 from the date of conviction or adjudication if not confined
15 in a penal institution, hospital, or any other institution or
16 facility, and if confined at the expiration of 10 years from
17 the date of parole, discharge, or release from any facility;
18 provided that the child murderer does not, during that period
19 again become liable to register under the provisions of this
20 Article or the Child Sex Offender and Murderer Community
21 Notification Law.
22 (D) As used in this Article, "law enforcement agency
23 having jurisdiction" means the Chief of Police in the
24 municipality in which the sex offender expects to reside (1)
25 upon his or her discharge, parole or release or (2) during
26 the service of his or her sentence of probation or
27 conditional discharge, or the Sheriff of the county, in the
28 event no Police Chief exists or if the offender intends to
29 reside in an unincorporated area.
30 (Source: P.A. 88-467; 89-8, eff. 1-1-96; 89-428, eff. 6-1-96;
31 89-462, eff. 6-1-96.)
32 (730 ILCS 150/2.5 new)
33 Sec. 2.5. Court ordered registration.
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1 (a) When a defendant is convicted of an offense, a court
2 may, upon motion of the prosecuting State's Attorney or
3 Attorney General, order the defendant to register under this
4 Article if a preponderance of the evidence indicates the
5 defendant has criminal propensities towards acts of sexual
6 assault or acts of sexual molestation of children.
7 (b) The court, may in determining whether the defendant
8 has criminal propensities towards acts of sexual assault or
9 acts of sexual molestation of children, consider but shall
10 not be limited to evidence or testimony concerning:
11 (1) Whether any sexual conduct or sexual
12 penetration as defined in Section 12-12 of the Criminal
13 Code of 1961 occurred with a child under 18 years of age
14 during the commission of the offense for which he or she
15 was convicted;
16 (2) The nature and circumstances of the offense for
17 which he or she was convicted;
18 (3) The history and characteristics of the
19 defendant including: (i) any evidence of the defendant's
20 prior criminal history indicative of criminal
21 propensities towards acts of sexual assault or acts of
22 sexual molestation of children, or lack of that behavior.
23 The evidence may include testimony or documents received
24 in juvenile proceedings, criminal, quasi-criminal, civil
25 commitment, domestic relations or other proceedings; or
26 (ii) any evidence of the defendant's psychological,
27 psychiatric or other similar social history that tends to
28 indicate criminal propensities towards acts of sexual
29 assault or acts of sexual molestation of children;
30 (4) Any statements made by, or attributed to the
31 defendant, together with the circumstance surrounding
32 them;
33 (5) Whether at the time of the current offense, or
34 any other offense or arrest, the defendant was on
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1 probation, parole, mandatory supervised release, or
2 other release from custody pending trial, sentencing,
3 appeal, or completion of sentence for an offense under
4 federal or state law.
5 (c) The court shall, in the order requiring the
6 defendant to register under this Article briefly summarize
7 the evidence of the defendant's culpability and its reasons
8 for concluding that the defendant should register.
9 Section 99. Effective date. This Act takes effect
10 January 1, 1998.