Bill Amendment: IL SB2526 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: SEX OFFENDER REG-SEX OFFENSE
Status: 2019-01-09 - Session Sine Die [SB2526 Detail]
Download: Illinois-2017-SB2526-Senate_Amendment_001.html
Bill Title: SEX OFFENDER REG-SEX OFFENSE
Status: 2019-01-09 - Session Sine Die [SB2526 Detail]
Download: Illinois-2017-SB2526-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 2526
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2 | AMENDMENT NO. ______. Amend Senate Bill 2526 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Sex Offender Registration Act is amended by | ||||||
5 | changing Section 2 as follows:
| ||||||
6 | (730 ILCS 150/2) (from Ch. 38, par. 222)
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7 | Sec. 2. Definitions.
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8 | (A) As used in this Article, "sex offender" means any | ||||||
9 | person who is:
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10 | (1) charged pursuant to Illinois law, or any | ||||||
11 | substantially similar
federal, Uniform Code of Military | ||||||
12 | Justice, sister state, or foreign country
law,
with a sex | ||||||
13 | offense set forth
in subsection (B) of this Section or the | ||||||
14 | attempt to commit an included sex
offense, and:
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15 | (a) is convicted of such offense or an attempt to | ||||||
16 | commit such offense;
or
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1 | (b) is found not guilty by reason of insanity of | ||||||
2 | such offense or an
attempt to commit such offense; or
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3 | (c) is found not guilty by reason of insanity | ||||||
4 | pursuant to Section
104-25(c) of the Code of Criminal | ||||||
5 | Procedure of 1963 of such offense or an
attempt to | ||||||
6 | commit such offense; or
| ||||||
7 | (d) is the subject of a finding not resulting in an | ||||||
8 | acquittal at a
hearing conducted pursuant to Section | ||||||
9 | 104-25(a) of the Code of Criminal
Procedure of 1963 for | ||||||
10 | the alleged commission or attempted commission of such
| ||||||
11 | offense; or
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12 | (e) is found not guilty by reason of insanity | ||||||
13 | following a hearing
conducted pursuant to a federal, | ||||||
14 | Uniform Code of Military Justice, sister
state, or | ||||||
15 | foreign country law
substantially similar to Section | ||||||
16 | 104-25(c) of the Code of Criminal Procedure
of 1963 of | ||||||
17 | such offense or of the attempted commission of such | ||||||
18 | offense; or
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19 | (f) is the subject of a finding not resulting in an | ||||||
20 | acquittal at a
hearing conducted pursuant to a federal, | ||||||
21 | Uniform Code of Military Justice,
sister state, or | ||||||
22 | foreign country law
substantially similar to Section | ||||||
23 | 104-25(a) of the Code of Criminal Procedure
of 1963 for | ||||||
24 | the alleged violation or attempted commission of such | ||||||
25 | offense;
or
| ||||||
26 | (2) declared as a sexually dangerous person pursuant to |
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1 | the Illinois
Sexually Dangerous Persons Act, or any | ||||||
2 | substantially similar federal, Uniform
Code of Military | ||||||
3 | Justice, sister
state, or foreign country law; or
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4 | (3) subject to the provisions of Section 2 of the | ||||||
5 | Interstate
Agreements on Sexually Dangerous Persons Act; | ||||||
6 | or
| ||||||
7 | (4) found to be a sexually violent person pursuant to | ||||||
8 | the Sexually
Violent Persons Commitment Act or any | ||||||
9 | substantially similar federal, Uniform
Code of Military | ||||||
10 | Justice, sister
state, or foreign country law; or
| ||||||
11 | (5) adjudicated a juvenile delinquent as the result of | ||||||
12 | committing or
attempting to commit an act which, if | ||||||
13 | committed by an adult, would constitute
any of the offenses | ||||||
14 | specified in item (B), (C), or (C-5) of this Section or a
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15 | violation of any substantially similar federal, Uniform | ||||||
16 | Code of Military
Justice, sister state, or foreign
country | ||||||
17 | law, or found guilty under Article V of the Juvenile Court | ||||||
18 | Act of 1987
of committing or attempting to commit an act | ||||||
19 | which, if committed by an adult,
would constitute any of | ||||||
20 | the offenses specified in item (B), (C), or (C-5) of
this | ||||||
21 | Section or a violation of any substantially similar | ||||||
22 | federal, Uniform Code
of Military Justice, sister state,
or | ||||||
23 | foreign country law.
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24 | Convictions that result from or are connected with the same | ||||||
25 | act, or result
from offenses committed at the same time, shall | ||||||
26 | be counted for the purpose of
this Article as one conviction. |
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1 | Any conviction set aside pursuant to law is
not a conviction | ||||||
2 | for purposes of this Article.
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3 |
For purposes of this Section, "convicted" shall have the | ||||||
4 | same meaning as
"adjudicated".
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5 | (B) As used in this Article, "sex offense" means:
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6 | (1) A violation of any of the following Sections of the | ||||||
7 | Criminal Code of
1961 or the Criminal Code of 2012:
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8 | 11-20.1 (child pornography),
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9 | 11-20.1B or 11-20.3 (aggravated child | ||||||
10 | pornography),
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11 | 11-6 (indecent solicitation of a child),
| ||||||
12 | 11-9.1 (sexual exploitation of a child),
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13 | 11-9.2 (custodial sexual misconduct),
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14 | 11-9.5 (sexual misconduct with a person with a | ||||||
15 | disability), | ||||||
16 | 11-14.4 (promoting juvenile prostitution), | ||||||
17 | 11-15.1 (soliciting for a juvenile prostitute),
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18 | 11-18.1 (patronizing a juvenile prostitute),
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19 | 11-17.1 (keeping a place of juvenile | ||||||
20 | prostitution),
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21 | 11-19.1 (juvenile pimping),
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22 | 11-19.2 (exploitation of a child),
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23 | 11-25 (grooming), | ||||||
24 | 11-26 (traveling to meet a minor or traveling to | ||||||
25 | meet a child), | ||||||
26 | 11-1.20 or 12-13 (criminal sexual assault),
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1 | 11-1.30 or 12-14 (aggravated criminal sexual | ||||||
2 | assault),
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3 | 11-1.40 or 12-14.1 (predatory criminal sexual | ||||||
4 | assault of a child),
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5 | 11-1.50 or 12-15 (criminal sexual abuse),
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6 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
7 | abuse),
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8 | 12-33 (ritualized abuse of a child).
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9 | An attempt to commit any of these offenses.
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10 | (1.5)
A violation of any of the following Sections of | ||||||
11 | the
Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
12 | when the victim is a person under 18 years of age, the
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13 | defendant is not a parent of the victim, the offense was | ||||||
14 | sexually motivated as defined in Section 10 of the Sex | ||||||
15 | Offender Evaluation and Treatment Act, and the offense was | ||||||
16 | committed on or
after January 1, 1996:
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17 | 10-1 (kidnapping),
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18 | 10-2 (aggravated kidnapping),
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19 | 10-3 (unlawful restraint),
| ||||||
20 | 10-3.1 (aggravated unlawful restraint).
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21 | If the offense was committed before January 1, 1996, it | ||||||
22 | is a sex offense requiring registration only when the | ||||||
23 | person is convicted of any felony after July 1, 2011, and | ||||||
24 | paragraph (2.1) of subsection (c) of Section 3 of this Act | ||||||
25 | applies. | ||||||
26 | (1.6)
First degree murder under Section 9-1 of the |
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1 | Criminal Code of 1961 or the Criminal Code of 2012,
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2 | provided the offense was sexually motivated as defined in | ||||||
3 | Section 10 of the Sex Offender Management Board Act.
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4 | (1.7) (Blank).
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5 | (1.8) A violation or attempted violation of Section | ||||||
6 | 11-11 (sexual
relations within families) of the Criminal | ||||||
7 | Code of 1961 or the Criminal Code of 2012, and the offense | ||||||
8 | was committed on or after
June 1, 1997. If the offense was | ||||||
9 | committed before June 1, 1997, it is a sex offense | ||||||
10 | requiring registration only when the person is convicted of | ||||||
11 | any felony after July 1, 2011, and paragraph (2.1) of | ||||||
12 | subsection (c) of Section 3 of this Act applies.
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13 | (1.9) Child abduction under paragraph (10) of | ||||||
14 | subsection
(b) of Section 10-5 of the Criminal Code of 1961 | ||||||
15 | or the Criminal Code of 2012 committed by luring or
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16 | attempting to lure a child under the age of 16 into a motor | ||||||
17 | vehicle, building,
house trailer, or dwelling place | ||||||
18 | without the consent of the parent or lawful
custodian of | ||||||
19 | the child for other than a lawful purpose and the offense | ||||||
20 | was
committed on or after January 1, 1998, provided the | ||||||
21 | offense was sexually motivated as defined in Section 10 of | ||||||
22 | the Sex Offender Management Board Act. If the offense was | ||||||
23 | committed before January 1, 1998, it is a sex offense | ||||||
24 | requiring registration only when the person is convicted of | ||||||
25 | any felony after July 1, 2011, and paragraph (2.1) of | ||||||
26 | subsection (c) of Section 3 of this Act applies.
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1 | (1.10) A violation or attempted violation of any of the | ||||||
2 | following Sections
of the Criminal Code of 1961 or the | ||||||
3 | Criminal Code of 2012 when the offense was committed on or | ||||||
4 | after July
1, 1999:
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5 | 10-4 (forcible detention, if the victim is under 18 | ||||||
6 | years of age), provided the offense was sexually | ||||||
7 | motivated as defined in Section 10 of the Sex Offender | ||||||
8 | Management Board Act,
| ||||||
9 | 11-6.5 (indecent solicitation of an adult),
| ||||||
10 | 11-14.3 that involves soliciting for a prostitute, | ||||||
11 | or 11-15 (soliciting for a prostitute, if the victim is | ||||||
12 | under 18 years
of age),
| ||||||
13 | subdivision (a)(2)(A) or (a)(2)(B) of Section | ||||||
14 | 11-14.3, or Section 11-16 (pandering, if the victim is | ||||||
15 | under 18 years of age),
| ||||||
16 | 11-18 (patronizing a prostitute, if the victim is | ||||||
17 | under 18 years
of age),
| ||||||
18 | subdivision (a)(2)(C) of Section 11-14.3, or | ||||||
19 | Section 11-19 (pimping, if the victim is under 18 years | ||||||
20 | of age).
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21 | If the offense was committed before July 1, 1999, it is | ||||||
22 | a sex offense requiring registration only when the person | ||||||
23 | is convicted of any felony after July 1, 2011, and | ||||||
24 | paragraph (2.1) of subsection (c) of Section 3 of this Act | ||||||
25 | applies. | ||||||
26 | (1.11) A violation or attempted violation of any of the |
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1 | following
Sections of the Criminal Code of 1961 or the | ||||||
2 | Criminal Code of 2012 when the offense was committed on or
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3 | after August 22, 2002:
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4 | 11-9 or 11-30 (public indecency for a third or | ||||||
5 | subsequent conviction). | ||||||
6 | If the third or subsequent conviction was imposed | ||||||
7 | before August 22, 2002, it is a sex offense requiring | ||||||
8 | registration only when the person is convicted of any | ||||||
9 | felony after July 1, 2011, and paragraph (2.1) of | ||||||
10 | subsection (c) of Section 3 of this Act applies.
| ||||||
11 | (1.12) A violation or attempted violation of Section
| ||||||
12 | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the | ||||||
13 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
14 | (permitting sexual abuse) when the
offense was committed on | ||||||
15 | or after August 22, 2002. If the offense was committed | ||||||
16 | before August 22, 2002, it is a sex offense requiring | ||||||
17 | registration only when the person is convicted of any | ||||||
18 | felony after July 1, 2011, and paragraph (2.1) of | ||||||
19 | subsection (c) of Section 3 of this Act applies.
| ||||||
20 | (1.13) A violation or attempted violation of | ||||||
21 | subsection (b) or (d) if the victim is under 18 years of | ||||||
22 | age or a violation of subsection (c) of Section 10-9 of the | ||||||
23 | Criminal Code of 2012 (trafficking in persons, involuntary | ||||||
24 | servitude, and related offenses), if the person was | ||||||
25 | convicted on or after the effective date of this amendatory | ||||||
26 | Act of the 100th General Assembly. |
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1 | (2) A violation of any former law of this State | ||||||
2 | substantially equivalent
to any offense listed in | ||||||
3 | subsection (B) of this Section.
| ||||||
4 | (C) A conviction for an offense of federal law, Uniform | ||||||
5 | Code of Military
Justice, or the law of another state
or a | ||||||
6 | foreign country that is substantially equivalent to any offense | ||||||
7 | listed
in subsections (B), (C), (E), and (E-5) of this Section | ||||||
8 | shall
constitute a
conviction for the purpose
of this Article. | ||||||
9 | A finding or adjudication as a sexually dangerous person
or a | ||||||
10 | sexually violent person under any federal law, Uniform Code of | ||||||
11 | Military
Justice, or the law of another state or
foreign | ||||||
12 | country that is substantially equivalent to the Sexually | ||||||
13 | Dangerous
Persons Act or the Sexually Violent Persons | ||||||
14 | Commitment Act shall constitute an
adjudication for the | ||||||
15 | purposes of this Article.
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16 | (C-5) A person at least 17 years of age at the time of the | ||||||
17 | commission of
the offense who is convicted of first degree | ||||||
18 | murder under Section 9-1 of the
Criminal Code of 1961 or the | ||||||
19 | Criminal Code of 2012, against a person
under 18 years of age, | ||||||
20 | shall be required to register
for natural life.
A conviction | ||||||
21 | for an offense of federal, Uniform Code of Military Justice,
| ||||||
22 | sister state, or foreign country law that is substantially | ||||||
23 | equivalent to any
offense listed in subsection (C-5) of this | ||||||
24 | Section shall constitute a
conviction for the purpose of this | ||||||
25 | Article. This subsection (C-5) applies to a person who | ||||||
26 | committed the offense before June 1, 1996 if: (i) the person is |
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1 | incarcerated in an Illinois Department of Corrections facility | ||||||
2 | on August 20, 2004 (the effective date of Public Act 93-977), | ||||||
3 | or (ii) subparagraph (i) does not apply and the person is | ||||||
4 | convicted of any felony after July 1, 2011, and paragraph (2.1) | ||||||
5 | of subsection (c) of Section 3 of this Act applies.
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6 | (C-6) A person who is convicted or adjudicated delinquent | ||||||
7 | of first degree murder as defined in Section 9-1 of the | ||||||
8 | Criminal Code of 1961 or the Criminal Code of 2012, against a | ||||||
9 | person 18 years of age or over, shall be required to register | ||||||
10 | for his or her natural life. A conviction for an offense of | ||||||
11 | federal, Uniform Code of Military Justice, sister state, or | ||||||
12 | foreign country law that is substantially equivalent to any | ||||||
13 | offense listed in subsection (C-6) of this Section shall | ||||||
14 | constitute a conviction for the purpose of this Article. This | ||||||
15 | subsection (C-6) does not apply to those individuals released | ||||||
16 | from incarceration more than 10 years prior to January 1, 2012 | ||||||
17 | (the effective date of Public Act 97-154). | ||||||
18 | (D) As used in this Article, "law enforcement agency having | ||||||
19 | jurisdiction"
means the Chief of Police in each of the | ||||||
20 | municipalities in which the sex offender
expects to reside, | ||||||
21 | work, or attend school (1) upon his or her discharge,
parole or | ||||||
22 | release or
(2) during the service of his or her sentence of | ||||||
23 | probation or conditional
discharge, or the Sheriff of the | ||||||
24 | county, in the event no Police Chief exists
or if the offender | ||||||
25 | intends to reside, work, or attend school in an
unincorporated | ||||||
26 | area.
"Law enforcement agency having jurisdiction" includes |
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1 | the location where
out-of-state students attend school and | ||||||
2 | where out-of-state employees are
employed or are otherwise | ||||||
3 | required to register.
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4 | (D-1) As used in this Article, "supervising officer" means | ||||||
5 | the assigned Illinois Department of Corrections parole agent or | ||||||
6 | county probation officer. | ||||||
7 | (E) As used in this Article, "sexual predator" means any | ||||||
8 | person who,
after July 1, 1999, is:
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9 | (1) Convicted for an offense of federal, Uniform Code | ||||||
10 | of Military
Justice, sister state, or foreign country law | ||||||
11 | that is substantially equivalent
to any offense listed in | ||||||
12 | subsection (E) or (E-5) of this Section shall constitute a
| ||||||
13 | conviction for the purpose of this Article.
Convicted of a | ||||||
14 | violation or attempted violation of any of the following
| ||||||
15 | Sections of the
Criminal Code of 1961 or the Criminal Code | ||||||
16 | of 2012:
| ||||||
17 | 10-5.1 (luring of a minor), | ||||||
18 | 11-14.4 that involves keeping a place of juvenile | ||||||
19 | prostitution, or 11-17.1 (keeping a place of juvenile | ||||||
20 | prostitution),
| ||||||
21 | subdivision (a)(2) or (a)(3) of Section 11-14.4, | ||||||
22 | or Section 11-19.1 (juvenile pimping),
| ||||||
23 | subdivision (a)(4) of Section 11-14.4, or Section | ||||||
24 | 11-19.2 (exploitation of a child),
| ||||||
25 | 11-20.1 (child pornography),
| ||||||
26 | 11-20.1B or 11-20.3 (aggravated child |
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| |||||||
1 | pornography), | ||||||
2 | 11-1.20 or 12-13 (criminal sexual assault),
| ||||||
3 | 11-1.30 or 12-14 (aggravated criminal sexual | ||||||
4 | assault),
| ||||||
5 | 11-1.40 or 12-14.1 (predatory criminal sexual | ||||||
6 | assault of a child),
| ||||||
7 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
8 | abuse),
| ||||||
9 | 12-33 (ritualized abuse of a child);
| ||||||
10 | (2) (blank);
| ||||||
11 | (3) declared as a sexually dangerous person pursuant to | ||||||
12 | the Sexually
Dangerous Persons Act or any substantially | ||||||
13 | similar federal, Uniform Code of
Military Justice, sister | ||||||
14 | state, or
foreign country law;
| ||||||
15 | (4) found to be a sexually violent person pursuant to | ||||||
16 | the Sexually Violent
Persons Commitment Act or any | ||||||
17 | substantially similar federal, Uniform Code of
Military | ||||||
18 | Justice, sister state, or
foreign country law;
| ||||||
19 | (5) convicted of a second or subsequent offense which | ||||||
20 | requires
registration pursuant to this Act. For purposes of | ||||||
21 | this paragraph
(5), "convicted" shall include a conviction | ||||||
22 | under any
substantially similar
Illinois, federal, Uniform | ||||||
23 | Code of Military Justice, sister state, or
foreign country | ||||||
24 | law;
| ||||||
25 | (6) (blank); or | ||||||
26 | (7) if the person was convicted of an offense set forth |
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| |||||||
1 | in this subsection (E) on or before July 1, 1999, the | ||||||
2 | person is a sexual predator for whom registration is | ||||||
3 | required only when the person is convicted of a felony | ||||||
4 | offense after July 1, 2011, and paragraph (2.1) of | ||||||
5 | subsection (c) of Section 3 of this Act applies. | ||||||
6 | (E-5) As used in this Article, "sexual predator" also means | ||||||
7 | a person convicted of a violation or attempted violation of any | ||||||
8 | of the following
Sections of the
Criminal Code of 1961 or the | ||||||
9 | Criminal Code of 2012: | ||||||
10 | (1) Section 9-1 (first degree murder,
when the victim | ||||||
11 | was a person under 18 years of age and the defendant was at | ||||||
12 | least
17 years of age at the time of the commission of the | ||||||
13 | offense, provided the offense was sexually motivated as | ||||||
14 | defined in Section 10 of the Sex Offender Management Board | ||||||
15 | Act); | ||||||
16 | (2) Section 11-9.5 (sexual misconduct with a person | ||||||
17 | with a disability); | ||||||
18 | (3) when the victim is a person under 18 years of age, | ||||||
19 | the
defendant is not a parent of the victim, the offense | ||||||
20 | was sexually motivated as defined in Section 10 of the Sex | ||||||
21 | Offender Management Board Act, and the offense was | ||||||
22 | committed on or
after January 1, 1996: (A) Section 10-1 | ||||||
23 | (kidnapping), (B) Section 10-2 (aggravated kidnapping), | ||||||
24 | (C) Section 10-3 (unlawful restraint), and (D) Section | ||||||
25 | 10-3.1 (aggravated unlawful restraint); and | ||||||
26 | (4) Section 10-5(b)(10) (child abduction committed by |
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| |||||||
1 | luring or
attempting to lure a child under the age of 16 | ||||||
2 | into a motor vehicle, building,
house trailer, or dwelling | ||||||
3 | place without the consent of the parent or lawful
custodian | ||||||
4 | of the child for other than a lawful purpose and the | ||||||
5 | offense was
committed on or after January 1, 1998, provided | ||||||
6 | the offense was sexually motivated as defined in Section 10 | ||||||
7 | of the Sex Offender Management Board Act). | ||||||
8 | (E-10) As used in this Article, "sexual predator" also | ||||||
9 | means a person required to register in another State due to a | ||||||
10 | conviction, adjudication or other action of any court | ||||||
11 | triggering an obligation to register as a sex offender, sexual | ||||||
12 | predator, or substantially similar status under the laws of | ||||||
13 | that State. | ||||||
14 | (F) As used in this Article, "out-of-state student" means | ||||||
15 | any sex
offender, as defined in this Section,
or sexual | ||||||
16 | predator who is enrolled in Illinois, on a full-time or | ||||||
17 | part-time
basis, in any public or private educational | ||||||
18 | institution, including, but not
limited to, any secondary | ||||||
19 | school, trade or professional institution, or
institution of | ||||||
20 | higher learning.
| ||||||
21 | (G) As used in this Article, "out-of-state employee" means | ||||||
22 | any sex
offender, as defined in this Section,
or sexual | ||||||
23 | predator who works in Illinois, regardless of whether the | ||||||
24 | individual
receives payment for services performed, for a | ||||||
25 | period of time of 10 or more days
or for an aggregate period of | ||||||
26 | time of 30 or more days
during any calendar year.
Persons who |
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| |||||||
1 | operate motor vehicles in the State accrue one day of | ||||||
2 | employment
time for any portion of a day spent in Illinois.
| ||||||
3 | (H) As used in this Article, "school" means any public or | ||||||
4 | private educational institution, including, but not limited | ||||||
5 | to, any elementary or secondary school, trade or professional | ||||||
6 | institution, or institution of higher education. | ||||||
7 | (I) As used in this Article, "fixed residence" means any | ||||||
8 | and all places that a sex offender resides for an aggregate | ||||||
9 | period of time of 5 or more days in a calendar year.
| ||||||
10 | (J) As used in this Article, "Internet protocol address" | ||||||
11 | means the string of numbers by which a location on the Internet | ||||||
12 | is identified by routers or other computers connected to the | ||||||
13 | Internet. | ||||||
14 | (Source: P.A. 100-428, eff. 1-1-18 .)".
|