Bill Text: IL HB0886 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Sex Offender Registration Act. Provides for registration under the Act of a person convicted of a battery when the court: (1) finds that the battery was sexually motivated as defined in the Sex Offender Management Board Act; and (2) in its discretion requires the person to register under the Act. Provides that the trial court, in its discretion, may require a person convicted of battery to register under the Act if: (1) the complaining witness is 17 years of age or younger; (2) the offender is 21 years of age or older; and (3) the court finds that the battery was sexually motivated as defined in the Sex Offender Management Board Act.

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-03-20 - Added Co-Sponsor Rep. Amy Grant [HB0886 Detail]

Download: Illinois-2019-HB0886-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0886

Introduced , by Rep. Mark Batinick

SYNOPSIS AS INTRODUCED:
730 ILCS 150/2 from Ch. 38, par. 222

Amends the Sex Offender Registration Act. Provides for registration under the Act of a person convicted of a battery when the court: (1) finds that the battery was sexually motivated as defined in the Sex Offender Management Board Act; and (2) in its discretion requires the person to register under the Act. Provides that the trial court, in its discretion, may require a person convicted of battery to register under the Act if: (1) the complaining witness is 17 years of age or younger; (2) the offender is 21 years of age or older; and (3) the court finds that the battery was sexually motivated as defined in the Sex Offender Management Board Act.
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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,
3represented in the General Assembly:
4 Section 5. The Sex Offender Registration Act is amended by
5changing Section 2 as follows:
6 (730 ILCS 150/2) (from Ch. 38, par. 222)
7 Sec. 2. Definitions.
8 (A) As used in this Article, "sex offender" means any
9person who is:
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:
15 (a) is convicted of such offense or an attempt to
16 commit such offense; or
17 (b) is found not guilty by reason of insanity of
18 such offense or an attempt to commit such offense; or
19 (c) is found not guilty by reason of insanity
20 pursuant to Section 104-25(c) of the Code of Criminal
21 Procedure of 1963 of such offense or an attempt to
22 commit such offense; or
23 (d) is the subject of a finding not resulting in an

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1 acquittal at a hearing conducted pursuant to Section
2 104-25(a) of the Code of Criminal Procedure of 1963 for
3 the alleged commission or attempted commission of such
4 offense; or
5 (e) is found not guilty by reason of insanity
6 following a hearing conducted pursuant to a federal,
7 Uniform Code of Military Justice, sister state, or
8 foreign country law substantially similar to Section
9 104-25(c) of the Code of Criminal Procedure of 1963 of
10 such offense or of the attempted commission of such
11 offense; or
12 (f) is the subject of a finding not resulting in an
13 acquittal at 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(a) of the Code of Criminal Procedure of 1963 for
17 the alleged violation or attempted commission of such
18 offense; or
19 (2) declared as a sexually dangerous person pursuant to
20 the Illinois Sexually Dangerous Persons Act, or any
21 substantially similar federal, Uniform Code of Military
22 Justice, sister state, or foreign country law; or
23 (3) subject to the provisions of Section 2 of the
24 Interstate Agreements on Sexually Dangerous Persons Act;
25 or
26 (4) found to be a sexually violent person pursuant to

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1 the Sexually Violent Persons Commitment Act or any
2 substantially similar federal, Uniform Code of Military
3 Justice, sister state, or foreign country law; or
4 (5) adjudicated a juvenile delinquent as the result of
5 committing or attempting to commit an act which, if
6 committed by an adult, would constitute any of the offenses
7 specified in item (B), (C), or (C-5) of this Section or a
8 violation of any substantially similar federal, Uniform
9 Code of Military Justice, sister state, or foreign country
10 law, or found guilty under Article V of the Juvenile Court
11 Act of 1987 of committing or attempting to commit an act
12 which, if committed by an adult, would constitute any of
13 the offenses specified in item (B), (C), or (C-5) of this
14 Section or a violation of any substantially similar
15 federal, Uniform Code of Military Justice, sister state, or
16 foreign country law; or .
17 (6) convicted of a battery if the court: (A) finds that
18 the battery was sexually motivated as defined in Section 10
19 of the Sex Offender Management Board Act; and (B) in its
20 discretion requires the person to register under this Act;
21 or
22 (7) convicted of battery and the trial court, in its
23 discretion, requires registration if: (A) the complaining
24 witness is 17 years of age or younger; (B) the offender is
25 21 years of age or older; and (C) the court finds that the
26 battery was sexually motivated as defined in Section 10 of

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1 the Sex Offender Management Board Act.
2 Convictions that result from or are connected with the same
3act, or result from offenses committed at the same time, shall
4be counted for the purpose of this Article as one conviction.
5Any conviction set aside pursuant to law is not a conviction
6for purposes of this Article.
7 For purposes of this Section, "convicted" shall have the
8same meaning as "adjudicated".
9 (B) As used in this Article, "sex offense" means:
10 (1) A violation of any of the following Sections of the
11 Criminal Code of 1961 or the Criminal Code of 2012:
12 11-20.1 (child pornography),
13 11-20.1B or 11-20.3 (aggravated child
14 pornography),
15 11-6 (indecent solicitation of a child),
16 11-9.1 (sexual exploitation of a child),
17 11-9.2 (custodial sexual misconduct),
18 11-9.5 (sexual misconduct with a person with a
19 disability),
20 11-14.4 (promoting juvenile prostitution),
21 11-15.1 (soliciting for a juvenile prostitute),
22 11-18.1 (patronizing a juvenile prostitute),
23 11-17.1 (keeping a place of juvenile
24 prostitution),
25 11-19.1 (juvenile pimping),
26 11-19.2 (exploitation of a child),

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1 11-25 (grooming),
2 11-26 (traveling to meet a minor or traveling to
3 meet a child),
4 11-1.20 or 12-13 (criminal sexual assault),
5 11-1.30 or 12-14 (aggravated criminal sexual
6 assault),
7 11-1.40 or 12-14.1 (predatory criminal sexual
8 assault of a child),
9 11-1.50 or 12-15 (criminal sexual abuse),
10 11-1.60 or 12-16 (aggravated criminal sexual
11 abuse),
12 12-33 (ritualized abuse of a child).
13 An attempt to commit any of these offenses.
14 (1.5) A violation of any of the following Sections of
15 the Criminal Code of 1961 or the Criminal Code of 2012,
16 when the victim is a person under 18 years of age, the
17 defendant is not a parent of the victim, the offense was
18 sexually motivated as defined in Section 10 of the Sex
19 Offender Evaluation and Treatment Act, and the offense was
20 committed on or after January 1, 1996:
21 10-1 (kidnapping),
22 10-2 (aggravated kidnapping),
23 10-3 (unlawful restraint),
24 10-3.1 (aggravated unlawful restraint).
25 If the offense was committed before January 1, 1996, it
26 is a sex offense requiring registration only when the

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1 person is convicted of any felony after July 1, 2011, and
2 paragraph (2.1) of subsection (c) of Section 3 of this Act
3 applies.
4 (1.6) First degree murder under Section 9-1 of the
5 Criminal Code of 1961 or the Criminal Code of 2012,
6 provided the offense was sexually motivated as defined in
7 Section 10 of the Sex Offender Management Board Act.
8 (1.7) (Blank).
9 (1.8) A violation or attempted violation of Section
10 11-11 (sexual relations within families) of the Criminal
11 Code of 1961 or the Criminal Code of 2012, and the offense
12 was committed on or after June 1, 1997. If the offense was
13 committed before June 1, 1997, it is a sex offense
14 requiring registration only when the person is convicted of
15 any felony after July 1, 2011, and paragraph (2.1) of
16 subsection (c) of Section 3 of this Act applies.
17 (1.9) Child abduction under paragraph (10) of
18 subsection (b) of Section 10-5 of the Criminal Code of 1961
19 or the Criminal Code of 2012 committed by luring or
20 attempting to lure a child under the age of 16 into a motor
21 vehicle, building, house trailer, or dwelling place
22 without the consent of the parent or lawful custodian of
23 the child for other than a lawful purpose and the offense
24 was committed on or after January 1, 1998, provided the
25 offense was sexually motivated as defined in Section 10 of
26 the Sex Offender Management Board Act. If the offense was

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1 committed before January 1, 1998, it is a sex offense
2 requiring registration only when the person is convicted of
3 any felony after July 1, 2011, and paragraph (2.1) of
4 subsection (c) of Section 3 of this Act applies.
5 (1.10) A violation or attempted violation of any of the
6 following Sections of the Criminal Code of 1961 or the
7 Criminal Code of 2012 when the offense was committed on or
8 after July 1, 1999:
9 10-4 (forcible detention, if the victim is under 18
10 years of age), provided the offense was sexually
11 motivated as defined in Section 10 of the Sex Offender
12 Management Board Act,
13 11-6.5 (indecent solicitation of an adult),
14 11-14.3 that involves soliciting for a prostitute,
15 or 11-15 (soliciting for a prostitute, if the victim is
16 under 18 years of age),
17 subdivision (a)(2)(A) or (a)(2)(B) of Section
18 11-14.3, or Section 11-16 (pandering, if the victim is
19 under 18 years of age),
20 11-18 (patronizing a prostitute, if the victim is
21 under 18 years of age),
22 subdivision (a)(2)(C) of Section 11-14.3, or
23 Section 11-19 (pimping, if the victim is under 18 years
24 of age).
25 If the offense was committed before July 1, 1999, it is
26 a sex offense requiring registration only when the person

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1 is convicted of any felony after July 1, 2011, and
2 paragraph (2.1) of subsection (c) of Section 3 of this Act
3 applies.
4 (1.11) A violation or attempted violation of any of the
5 following Sections of the Criminal Code of 1961 or the
6 Criminal Code of 2012 when the offense was committed on or
7 after August 22, 2002:
8 11-9 or 11-30 (public indecency for a third or
9 subsequent conviction).
10 If the third or subsequent conviction was imposed
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 (1.12) A violation or attempted violation of Section
16 5.1 of the Wrongs to Children Act or Section 11-9.1A of the
17 Criminal Code of 1961 or the Criminal Code of 2012
18 (permitting sexual abuse) when the offense was committed on
19 or after August 22, 2002. If the offense was committed
20 before August 22, 2002, it is a sex offense requiring
21 registration only when the person is convicted of any
22 felony after July 1, 2011, and paragraph (2.1) of
23 subsection (c) of Section 3 of this Act applies.
24 (2) A violation of any former law of this State
25 substantially equivalent to any offense listed in
26 subsection (B) of this Section.

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1 (C) A conviction for an offense of federal law, Uniform
2Code of Military Justice, or the law of another state or a
3foreign country that is substantially equivalent to any offense
4listed in subsections (B), (C), (E), and (E-5) of this Section
5shall constitute a conviction for the purpose of this Article.
6A finding or adjudication as a sexually dangerous person or a
7sexually violent person under any federal law, Uniform Code of
8Military Justice, or the law of another state or foreign
9country that is substantially equivalent to the Sexually
10Dangerous Persons Act or the Sexually Violent Persons
11Commitment Act shall constitute an adjudication for the
12purposes of this Article.
13 (C-5) A person at least 17 years of age at the time of the
14commission of the offense who is convicted of first degree
15murder under Section 9-1 of the Criminal Code of 1961 or the
16Criminal Code of 2012, against a person under 18 years of age,
17shall be required to register for natural life. A conviction
18for an offense of federal, Uniform Code of Military Justice,
19sister state, or foreign country law that is substantially
20equivalent to any offense listed in subsection (C-5) of this
21Section shall constitute a conviction for the purpose of this
22Article. This subsection (C-5) applies to a person who
23committed the offense before June 1, 1996 if: (i) the person is
24incarcerated in an Illinois Department of Corrections facility
25on August 20, 2004 (the effective date of Public Act 93-977),
26or (ii) subparagraph (i) does not apply and the person is

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1convicted of any felony after July 1, 2011, and paragraph (2.1)
2of subsection (c) of Section 3 of this Act applies.
3 (C-6) A person who is convicted or adjudicated delinquent
4of first degree murder as defined in Section 9-1 of the
5Criminal Code of 1961 or the Criminal Code of 2012, against a
6person 18 years of age or over, shall be required to register
7for his or her natural life. A conviction for an offense of
8federal, Uniform Code of Military Justice, sister state, or
9foreign country law that is substantially equivalent to any
10offense listed in subsection (C-6) of this Section shall
11constitute a conviction for the purpose of this Article. This
12subsection (C-6) does not apply to those individuals released
13from incarceration more than 10 years prior to January 1, 2012
14(the effective date of Public Act 97-154).
15 (D) As used in this Article, "law enforcement agency having
16jurisdiction" means the Chief of Police in each of the
17municipalities in which the sex offender expects to reside,
18work, or attend school (1) upon his or her discharge, parole or
19release or (2) during the service of his or her sentence of
20probation or conditional discharge, or the Sheriff of the
21county, in the event no Police Chief exists or if the offender
22intends to reside, work, or attend school in an unincorporated
23area. "Law enforcement agency having jurisdiction" includes
24the location where out-of-state students attend school and
25where out-of-state employees are employed or are otherwise
26required to register.

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1 (D-1) As used in this Article, "supervising officer" means
2the assigned Illinois Department of Corrections parole agent or
3county probation officer.
4 (E) As used in this Article, "sexual predator" means any
5person who, after July 1, 1999, is:
6 (1) Convicted for an offense of federal, Uniform Code
7 of Military Justice, sister state, or foreign country law
8 that is substantially equivalent to any offense listed in
9 subsection (E) or (E-5) of this Section shall constitute a
10 conviction for the purpose of this Article. Convicted of a
11 violation or attempted violation of any of the following
12 Sections of the Criminal Code of 1961 or the Criminal Code
13 of 2012:
14 10-5.1 (luring of a minor),
15 11-14.4 that involves keeping a place of juvenile
16 prostitution, or 11-17.1 (keeping a place of juvenile
17 prostitution),
18 subdivision (a)(2) or (a)(3) of Section 11-14.4,
19 or Section 11-19.1 (juvenile pimping),
20 subdivision (a)(4) of Section 11-14.4, or Section
21 11-19.2 (exploitation of a child),
22 11-20.1 (child pornography),
23 11-20.1B or 11-20.3 (aggravated child
24 pornography),
25 11-1.20 or 12-13 (criminal sexual assault),
26 11-1.30 or 12-14 (aggravated criminal sexual

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1 assault),
2 11-1.40 or 12-14.1 (predatory criminal sexual
3 assault of a child),
4 11-1.60 or 12-16 (aggravated criminal sexual
5 abuse),
6 12-33 (ritualized abuse of a child);
7 (2) (blank);
8 (3) declared as a sexually dangerous person pursuant to
9 the Sexually Dangerous Persons Act or any substantially
10 similar federal, Uniform Code of Military Justice, sister
11 state, or foreign country law;
12 (4) found to be a sexually violent person pursuant to
13 the Sexually Violent Persons Commitment Act or any
14 substantially similar federal, Uniform Code of Military
15 Justice, sister state, or foreign country law;
16 (5) convicted of a second or subsequent offense which
17 requires registration pursuant to this Act. For purposes of
18 this paragraph (5), "convicted" shall include a conviction
19 under any substantially similar Illinois, federal, Uniform
20 Code of Military Justice, sister state, or foreign country
21 law;
22 (6) (blank); or
23 (7) if the person was convicted of an offense set forth
24 in this subsection (E) on or before July 1, 1999, the
25 person is a sexual predator for whom registration is
26 required only when the person is convicted of a felony

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1 offense after July 1, 2011, and paragraph (2.1) of
2 subsection (c) of Section 3 of this Act applies.
3 (E-5) As used in this Article, "sexual predator" also means
4a person convicted of a violation or attempted violation of any
5of the following Sections of the Criminal Code of 1961 or the
6Criminal Code of 2012:
7 (1) Section 9-1 (first degree murder, when the victim
8 was a person under 18 years of age and the defendant was at
9 least 17 years of age at the time of the commission of the
10 offense, provided the offense was sexually motivated as
11 defined in Section 10 of the Sex Offender Management Board
12 Act);
13 (2) Section 11-9.5 (sexual misconduct with a person
14 with a disability);
15 (3) when the victim is a person under 18 years of age,
16 the defendant is not a parent of the victim, the offense
17 was sexually motivated as defined in Section 10 of the Sex
18 Offender Management Board Act, and the offense was
19 committed on or after January 1, 1996: (A) Section 10-1
20 (kidnapping), (B) Section 10-2 (aggravated kidnapping),
21 (C) Section 10-3 (unlawful restraint), and (D) Section
22 10-3.1 (aggravated unlawful restraint); and
23 (4) Section 10-5(b)(10) (child abduction committed by
24 luring or attempting to lure a child under the age of 16
25 into a motor vehicle, building, house trailer, or dwelling
26 place without the consent of the parent or lawful custodian

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1 of the child for other than a lawful purpose and the
2 offense was committed on or after January 1, 1998, provided
3 the offense was sexually motivated as defined in Section 10
4 of the Sex Offender Management Board Act).
5 (E-10) As used in this Article, "sexual predator" also
6means a person required to register in another State due to a
7conviction, adjudication or other action of any court
8triggering an obligation to register as a sex offender, sexual
9predator, or substantially similar status under the laws of
10that State.
11 (F) As used in this Article, "out-of-state student" means
12any sex offender, as defined in this Section, or sexual
13predator who is enrolled in Illinois, on a full-time or
14part-time basis, in any public or private educational
15institution, including, but not limited to, any secondary
16school, trade or professional institution, or institution of
17higher learning.
18 (G) As used in this Article, "out-of-state employee" means
19any sex offender, as defined in this Section, or sexual
20predator who works in Illinois, regardless of whether the
21individual receives payment for services performed, for a
22period of time of 10 or more days or for an aggregate period of
23time of 30 or more days during any calendar year. Persons who
24operate motor vehicles in the State accrue one day of
25employment time for any portion of a day spent in Illinois.
26 (H) As used in this Article, "school" means any public or

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1private educational institution, including, but not limited
2to, any elementary or secondary school, trade or professional
3institution, or institution of higher education.
4 (I) As used in this Article, "fixed residence" means any
5and all places that a sex offender resides for an aggregate
6period of time of 5 or more days in a calendar year.
7 (J) As used in this Article, "Internet protocol address"
8means the string of numbers by which a location on the Internet
9is identified by routers or other computers connected to the
10Internet.
11(Source: P.A. 100-428, eff. 1-1-18.)
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