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91_HB2711eng HB2711 Engrossed LRB9105546RCks 1 AN ACT in relation to sex offenses and sex offenders. 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 1961 is amended by 5 changing Sections 11-6 and 11-6.5 as follows: 6 (720 ILCS 5/11-6) (from Ch. 38, par. 11-6) 7 Sec. 11-6. Indecent solicitation of a child. 8 (a) A person of the age of 17 years and upwards who 9 solicits a child under the age of 13 or solicits a person he 10 or she believes to be under the age of 13 to do any act, or 11 solicits a person to arrange an act with a child under the 12 age of 13, which if done would be aggravated criminal sexual 13 assault, predatory criminal sexual assault of a child, 14 criminal sexual assault, aggravated criminal sexual abuse or 15 criminal sexual abuse, commits indecent solicitation of a 16 child. A person of the age of 17 years or older who solicits 17 a person to arrange an act with another person whom the 18 person doing the soliciting believes to be under the age of 19 13 years commits indecent solicitation of a child if the act 20 would, if committed, constitute aggravated criminal sexual 21 assault, predatory criminal sexual assault of a child, 22 criminal sexual assault, aggravated criminal sexual abuse, or 23 criminal sexual abuse. 24 (b) It shall not be a defense to indecent solicitation 25 of a child that the accused reasonably believed the child to 26 be of the age of 13 years and upwards. 27 (c) Sentence. 28 Indecent solicitation of a child is: 29 (1) a Class A misdemeanor when the act, if done, 30 would be criminal sexual abuse; 31 (2) a Class 4 felony when the act, if done, would HB2711 Engrossed -2- LRB9105546RCks 1 be criminal sexual assault, aggravated criminal sexual 2 assault, or aggravated criminal sexual abuse. 3 (d) For the purposes of this Section, "solicits" 4 includes but is not limited to oral or written communication 5 and communication by telephone, computer, or other electronic 6 means. "Computer" has the meaning ascribed to it in Section 7 16D-2 of this Code. 8 (Source: P.A. 89-8, eff. 3-21-95; 89-203, eff. 7-21-95; 9 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.) 10 (720 ILCS 5/11-6.5) 11 Sec. 11-6.5. Indecent solicitation of an adult. 12 (a) A person commits indecent solicitation of an adult 13 if the person: 14 (1) Arranges for a person 17 years of age or over 15 to commit an act of sexual penetration as defined in 16 Section 12-12 with a person: 17 (i) Under the age of 13 years or whom the 18 person arranging for the act to be committed 19 believes to be under the age of 13 years; or 20 (ii) Thirteen years of age or over but under 21 the age of 17 years; or 22 (2) Arranges for a person 17 years of age or over 23 to commit an act of sexual conduct as defined in Section 24 12-12 with a person: 25 (i) Under the age of 13 years or whom the 26 person arranging for the act to be committed 27 believes to be under the age of 13 years; or 28 (ii) Thirteen years of age or older but under 29 the age of 17 years. 30 (b) Sentence. 31 (1) Violation of paragraph (a)(1)(i) is a Class X 32 felony. 33 (2) Violation of paragraph (a)(1)(ii) is a Class 1 HB2711 Engrossed -3- LRB9105546RCks 1 felony. 2 (3) Violation of paragraph (a)(2)(i) is a Class 2 3 felony. 4 (4) Violation of paragraph (a)(2)(ii) is a Class A 5 misdemeanor. 6 (c) For the purposes of this Section, "arranges" 7 includes but is not limited to oral or written communication 8 and communication by telephone, computer, or other electronic 9 means. "Computer" has the meaning ascribed to it in Section 10 16D-2 of this Code. 11 (Source: P.A. 88-165; 89-203, eff. 7-21-95.) 12 Section 10. The Sex Offender Registration Act is amended 13 by changing Sections 2, 3, 6, and 8 as follows: 14 (730 ILCS 150/2) (from Ch. 38, par. 222) 15 Sec. 2. Definitions. As used in this Article, the 16 following definitions apply: 17 (A) "Sex offender" means any person who is: 18 (1) charged pursuant to Illinois law, or any 19 substantially similar federal or sister state law, with a 20 sex offense set forth in subsection (B) of this Section 21 or the attempt to commit an included sex offense, and: 22 (a) is convicted of such offense or an attempt 23 to commit such offense; or 24 (b) is found not guilty by reason of insanity 25 of such offense or an attempt to commit such 26 offense; or 27 (c) is found not guilty by reason of insanity 28 pursuant to Section 104-25(c) of the Code of 29 Criminal Procedure of 1963 of such offense or an 30 attempt to commit such offense; or 31 (d) is the subject of a finding not resulting 32 in an acquittal at a hearing conducted pursuant to HB2711 Engrossed -4- LRB9105546RCks 1 Section 104-25(a) of the Code of Criminal Procedure 2 of 1963 for the alleged commission or attempted 3 commission of such offense; or 4 (e) is found not guilty by reason of insanity 5 following a hearing conducted pursuant to a federal 6 or sister state law substantially similar to Section 7 104-25(c) of the Code of Criminal Procedure of 1963 8 of such offense or of the attempted commission of 9 such offense; or 10 (f) is the subject of a finding not resulting 11 in an acquittal at a hearing conducted pursuant to a 12 federal or sister state law substantially similar to 13 Section 104-25(a) of the Code of Criminal Procedure 14 of 1963 for the alleged violation or attempted 15 commission of such offense; or 16 (2) certified as a sexually dangerous person 17 pursuant to the Illinois Sexually Dangerous Persons Act, 18 or any substantially similar federal or sister state law; 19 or 20 (3) subject to the provisions of Section 2 of the 21 Interstate Agreements on Sexually Dangerous Persons Act. 22 Convictions that result from or are connected with the 23 same act, or result from offenses committed at the same time, 24 shall be counted for the purpose of this Article as one 25 conviction. Any conviction set aside pursuant to law is not 26 a conviction for purposes of this Article. 27 (B) As used in this Section, "sex offense" means: 28 (1) A violation of any of the following Sections of 29 the Criminal Code of 1961, when the violation is a 30 felony: 31 11-20.1 (child pornography), 32 11-6 (indecent solicitation of a child), 33 11-9.1 (sexual exploitation of a child), 34 11-15.1 (soliciting for a juvenile prostitute), HB2711 Engrossed -5- LRB9105546RCks 1 11-18.1 (patronizing a juvenile prostitute), 2 11-17.1 (keeping a place of juvenile 3 prostitution), 4 11-19.1 (juvenile pimping), 5 11-19.2 (exploitation of a child), 6 12-13 (criminal sexual assault), 7 12-14 (aggravated criminal sexual assault), 8 12-14.1 (predatory criminal sexual assault of a 9 child), 10 12-15 (criminal sexual abuse), 11 12-16 (aggravated criminal sexual abuse), 12 12-33 (ritualized abuse of a child). 13 An attempt to commit any of these offenses. 14 (1.5) A felony violation of any of the following 15 Sections of the Criminal Code of 1961, when the victim is 16 a person under 18 years of age, the defendant is not a 17 parent of the victim, and the offense was committed on or 18 after January 1, 1996: 19 10-1 (kidnapping), 20 10-2 (aggravated kidnapping), 21 10-3 (unlawful restraint), 22 10-3.1 (aggravated unlawful restraint). 23 An attempt to commit any of these offenses. 24 (1.6) First degree murder under Section 9-1 of the 25 Criminal Code of 1961, when the victim was a person under 26 18 years of age, the defendant was at least 17 years of 27 age at the time of the commission of the offense, and the 28 offense was committed on or after June 1, 1996. 29 (1.7) A misdemeanor violation of any of the 30 following Sections of the Criminal Code of 1961, when the 31 offense was committed on or after June 1, 1997: 32 11-6 (indecent solicitation of a child), 33 11-9.1 (sexual exploitation of a child), 34 12-15 (criminal sexual abuse). HB2711 Engrossed -6- LRB9105546RCks 1 An attempt to commit any of these offenses. 2 (1.8) A violation or attempted violation of Section 3 11-11 (sexual relations within families) of the Criminal 4 Code of 1961, when the victim was a person under 18 years 5 of age and the offense was committed on or after June 1, 6 1997. 7 (1.9) Child abduction under paragraph (10) of 8 subsection (b) of Section 10-5 of the Criminal Code of 9 1961 committed by luring or attempting to lure a child 10 under the age of 16 into a motor vehicle, building, 11 housetrailer, or dwelling place without the consent of 12 the parent or lawful custodian of the child for other 13 than a lawful purpose and the offense was committed on or 14 after January 1, 1998. 15 (2) A violation of any former law of this State 16 substantially equivalent to any offense listed in 17 subsection (B)(1) of this Section. 18 (C) A conviction for an offense of federal law or the 19 law of another state that is substantially equivalent to any 20 offense listed in subsection (B) of this Section shall 21 constitute a conviction for the purpose of this Article. A 22 finding or adjudication as a sexually dangerous person under 23 any federal law or law of another state that is substantially 24 equivalent to the Sexually Dangerous Persons Act shall 25 constitute an adjudication for the purposes of this Article. 26 (C-5) A person at least 17 years of age at the time of 27 the commission of the offense who is convicted of first 28 degree murder under Section 9-1 of the Criminal Code of 1961, 29 committed on or after June 1, 1996 against a person under 18 30 years of age, shall be required to register for a period of 31 10 years after conviction or adjudication if not confined to 32 a penal institution, hospital, or any other institution or 33 facility, and if confined, for a period of 10 years after 34 parole, discharge, or release from the facility. Liability HB2711 Engrossed -7- LRB9105546RCks 1 for registration terminates at the expiration of 10 years 2 from the date of conviction or adjudication if not confined 3 in a penal institution, hospital, or any other institution or 4 facility, and if confined at the expiration of 10 years from 5 the date of parole, discharge, or release from any facility; 6 provided that the child murderer does not, during that period 7 again become liable to register under the provisions of this 8 Article or the Sex Offender and Child Murderer Community 9 Notification Law. 10 (D) As used in this Article, "law enforcement agency 11 having jurisdiction" means the Chief of Police in the 12 municipality in which the sex offender expects to reside or 13 to be employed or to attend an educational institution (1) 14 upon his or her discharge, parole or release or (2) during 15 the service of his or her sentence of probation or 16 conditional discharge, or the Sheriff of the county, in the 17 event no Police Chief exists or if the offender intends to 18 reside or be employed or attend an educational institution in 19 an unincorporated area. 20 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 6-1-96; 89-462, 21 eff. 6-1-96; 90-193, eff. 7-24-97; 90-494, eff. 1-1-98; 22 90-655, eff. 7-30-98.) 23 (730 ILCS 150/3) (from Ch. 38, par. 223) 24 Sec. 3. Duty to register. 25 (a) A sex offender shall, within the time period 26 prescribed in subsection (c), register in person: 27 (1) with the chief of police of the municipality in 28 which he or she resides or is temporarily domiciled for 29 more than 10 days, unless the municipality is the City of 30 Chicago, in which case he or she shall register at the 31 Chicago Police Department Headquarters; or 32 (2) with the sheriff of the county, if he or she 33 resides or is temporarily domiciled for more than 10 days HB2711 Engrossed -8- LRB9105546RCks 1 in an unincorporated area or, if incorporated, no police 2 chief exists. 3 (a-5) In addition to the registration requirements 4 imposed upon a sex offender by subsection (a), a sex offender 5 shall, within the time period prescribed in subsection (c), 6 register in person: 7 (1) with the chief of police of the municipality in 8 which he or she is employed, unless the municipality is 9 the City of Chicago, in which case he or she shall 10 register at the Chicago Police Department Headquarters; 11 or 12 (2) with the sheriff of the county in which he or 13 she is employed, if he or she is employed in an 14 unincorporated area or, if incorporated, no police chief 15 exists. 16 (a-6) In addition to the registration requirements 17 imposed upon a sex offender by subsection (a), a sex offender 18 shall, within the time period prescribed in subsection (c), 19 register in person: 20 (1) with the chief of police of the municipality in 21 which he or she attends an educational institution, 22 unless the municipality is the City of Chicago, in which 23 case he or she shall register at the Chicago Police 24 Department Headquarters; or 25 (2) with the sheriff of the county in which he or 26 she attends an educational institution, if he or she 27 attends an educational institution in an unincorporated 28 area or, if incorporated, no police chief exists. 29 (b) Any sex offender, regardless of any initial, prior 30 or other registration, shall, within 10 days of establishing 31 a residence or temporary domicile, place of employment, or 32 place of attendance at an educational institution, for more 33 than 10 days in any county, register in person as set forth 34 in subsection (a)(1),or(a)(2), (a-5), or (a-6). HB2711 Engrossed -9- LRB9105546RCks 1 (c) The registration for any person required to register 2 under this Article shall be as follows: 3 (1) any person registered under the Habitual Child 4 Sex Offender Registration Act or the Child Sex Offender 5 Registration Act prior to January 1, 1996, shall be 6 deemed initially registered as of January 1, 1996; 7 however, this shall not be construed to extend the 8 duration of registration set forth in Section 7; 9 (2) except as provided in subsection (c)(4), any 10 person convicted or adjudicated prior to January 1, 1996, 11 whose liability for registration under Section 7 has not 12 expired, shall register in person prior to January 31, 13 1996; 14 (3) except as provided in subsection (c)(4), any 15 person convicted on or after January 1, 1996, shall 16 register in person within 10 days after the entry of the 17 sentencing order based upon his or her conviction; 18 (3.1) a person required to register under this 19 Article who is employed on the effective date of this 20 amendatory Act of 1999 shall register in accordance with 21 subsection (a-5) within 10 days after the effective date 22 of this amendatory Act of 1999; 23 (3.2) a person required to register under this 24 Article who is attending an educational institution on 25 the effective date of this amendatory Act of 1999 shall 26 register in accordance with subsection (a-6) within 10 27 days after the effective date of this amendatory Act of 28 1999; 29 (4) any person unable to comply with the 30 registration requirements of this Article because they 31 are confined, institutionalized, or imprisoned in 32 Illinois on or after January 1, 1996, shall register in 33 person within 10 days of discharge, parole or release; 34 (5) the person shall provide positive HB2711 Engrossed -10- LRB9105546RCks 1 identification and documentation that substantiates proof 2 of residence at the registering address; and 3 (6) the person shall pay a $10 initial registration 4 fee and a $5 annual renewal fee. The fees shall be 5 transmitted to the Department of State Police which shall 6 deposit the fees in the Sex Offender Registration Fund. 7 The law enforcement agency having jurisdiction may waive 8 the registration fee if it determines that the person is 9 indigent and unable to pay the registration fee. 10 (Source: P.A. 89-8, eff. 1-1-96; 90-193, eff. 7-24-97.) 11 (730 ILCS 150/6) (from Ch. 38, par. 226) 12 Sec. 6. Duty to report; change of address, employment, 13 or attendance at an educational institution; duty to inform. 14 A person who has been adjudicated to be sexually dangerous 15 and is later released, or found to be no longer sexually 16 dangerous and discharged, must report in person to the law 17 enforcement agency with whom he or she last registered no 18 later than 90 days after the date of his or her last 19 registration and every 90 days thereafter. Any other person 20 who is required to register under this Article shall report 21 in person to the appropriate law enforcement agency with whom 22 he or she last registered one year from the date of that 23 registration and every year thereafter. If any person 24 required to register under this Article changes his or her 25 residence address, place of employment, or place of 26 attendance at an educational institution, he or she shall, in 27 writing, within 10 days inform the law enforcement agency 28 with whom he or she last registered of his or her new address 29 , new place of employment, or new place of attendance at an 30 educational institution and register with the appropriate law 31 enforcement agency within the time period specified in 32 Section 3. The law enforcement agency shall, within 3 days 33 of receipt, notify the Department of State Police and the law HB2711 Engrossed -11- LRB9105546RCks 1 enforcement agency having jurisdiction of the new place of 2 residence. 3 If any person required to register under this Article 4 establishes a residence, place of employment, or place of 5 attendance at an educational institution outside of the State 6 of Illinois, within 10 days after establishing that 7 residence, place of employment, or place of attendance at an 8 educational institution, he or she shall, in writing, inform 9 the law enforcement agency with which he or she last 10 registered of his or her out-of-state residence, place of 11 employment, or place of attendance at an educational 12 institution. The law enforcement agency with which such 13 person last registered shall, within 3 days notice of an 14 address change, notify the Department of State Police. The 15 Department of State Police shall forward such information to 16 the out-of-state law enforcement agency having jurisdiction 17 in the form and manner prescribed by the Department of State 18 Police. 19 (Source: P.A. 89-8, eff. 1-1-96; 90-193, eff. 7-24-97.) 20 (730 ILCS 150/8) (from Ch. 38, par. 228) 21 Sec. 8. Registration Requirements. Registration as 22 required by this Article shall consist of a statement in 23 writing signed by the person giving the information that is 24 required by the Department of State Police, which may include 25 the fingerprints and photograph of the person. The 26 registration information must include whether the person is a 27 sex offender as defined in the Sex Offender and Child 28 Murderer Community Notification Law and must include motor 29 vehicles registered to or operated by the sex offender. 30 Within 3 days, the registering law enforcement agency shall 31 forward any required information to the Department of State 32 Police. The registering law enforcement agency shall enter 33 the information into the Law Enforcement Agencies Data System HB2711 Engrossed -12- LRB9105546RCks 1 (LEADS) as provided in Sections 6 and 7 of the 2 Intergovernmental Missing Child Recovery Act of 1984. 3 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96; 4 90-193, eff. 7-24-97.) 5 Section 15. The Sex Offender and Child Murderer 6 Community Notification Law is amended by changing Sections 7 105, 110, and 115 as follows: 8 (730 ILCS 152/105) 9 Sec. 105. Definitions. As used in this Article, the 10 following definitions apply: 11 "Child care facilities" has the meaning set forth in the 12 Child Care Act of 1969, but does not include licensed foster 13 homes. 14 "Law enforcement agency having jurisdiction" means the 15 Chief of Police in the municipality in which the sex offender 16 expects to reside, expect to be employed, or expects to 17 attend an educational institution (1) upon his or her 18 discharge, parole or release or (2) during the service of his 19 or her sentence of probation or conditional discharge, or the 20 Sheriff of the county, in the event no Police Chief exists or 21 if the offender intends to reside, be employed, or attend an 22 educational institution in an unincorporated area. 23 "Sex offender" means any sex offender as defined in the 24 Sex Offender Registration Act whose offense or adjudication 25 as a sexually dangerous person occurred on or after June 1, 26 1996 and whose victim was under the age of 18 at the time the 27 offense was committed but does not include the offenses set 28 forth in subsection (b)(1.5) of Section 2 of that Act; and 29 any sex offender as defined in the Sex Offender Registration 30 Act whose offense or adjudication as a sexually dangerous 31 person occurred on or after June 1, 1997 and whose victim was 32 18 years of age or older at the time the offense was HB2711 Engrossed -13- LRB9105546RCks 1 committed but does not include the offenses set forth in 2 subsection (b)(1.5) of Section 2 of that Act. 3 "Sex offender" also means any sex offender as defined in 4 the Sex Offender Registration Act whose offense or 5 adjudication as a sexually dangerous person occurred before 6 June 1, 1996 and whose victim was under the age of 18 at the 7 time the offense was committed but does not include the 8 offenses set forth in subsection (b)(1.5) of Section 2 of 9 that Act; and any sex offender as defined in the Sex Offender 10 Registration Act whose offense or adjudication as a sexually 11 dangerous person occurred before June 1, 1997 and whose 12 victim was 18 years of age or older at the time the offense 13 was committed but does not include the offenses set forth in 14 subsection (b)(1.5) of Section 2 of that Act. 15 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96; 16 90-193, eff. 7-24-97.) 17 (730 ILCS 152/110) 18 Sec. 110. Registration. At the time a sex offender 19 registers under Section 3 of the Sex Offender Registration 20 Act or reports a change of address, employment, or attendance 21 at an educational institution under Section 6 of that Act, 22 the offender shall notify the law enforcement agency having 23 jurisdiction with whom the offender registers or reports a 24 change of address, employment, or attendance at an 25 educational institution that the offender is under Section 6 26 of that Act, the a sex offender. 27 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96; 28 90-193, eff. 7-24-97.) 29 (730 ILCS 152/115) 30 Sec. 115. Sex offender database. 31 (a) The Department of State Police shall establish and 32 maintain a Statewide Sex Offender Database for the purpose of HB2711 Engrossed -14- LRB9105546RCks 1 identifying sex offenders and making that information 2 available to the persons specified in Sections 120 and 125 of 3 this Law. The Database shall include photographs of the sex 4 offenders. The Database shall be created from the Law 5 Enforcement Agencies Data System (LEADS) established under 6 Section 6 of the Intergovernmental Missing Child Recovery Act 7 of 1984. The Department of State Police shall examine its 8 LEADS database for persons registered as sex offenders under 9 the Sex Offender Registration Act and shall identify those 10 who are sex offenders and shall add all the information on 11 those sex offenders to the Statewide Sex Offender Database. 12 (b) The Department of State Police shall make the 13 information contained in the Statewide Sex Offender Database 14 accessible on the Internet by means of a hyperlink labeled 15 "Sex Offender Information" on the Department's World Wide Web 16 home page. The Department of State Police shall promulgate 17 rules in accordance with the Illinois Administrative 18 Procedure Act to implement this subsection (b). 19 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96; 20 90-193, eff. 7-24-97.) 21 Section 99. Effective date. This Act takes effect June 22 1, 1999.