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 - Dead) 2020-02-07 - Added Co-Sponsor Rep. Sue Scherer [HB0886 Detail]
Download: Illinois-2019-HB0886-Introduced.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Sex Offender Registration Act is amended by | |||||||||||||||||||
5 | changing Section 2 as follows:
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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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17 | (b) is found not guilty by reason of insanity of | |||||||||||||||||||
18 | such offense or an
attempt to commit such offense; or
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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
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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
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4 | offense; or
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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
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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
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23 | (3) subject to the provisions of Section 2 of the | ||||||
24 | Interstate
Agreements on Sexually Dangerous Persons Act; | ||||||
25 | or
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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
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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
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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 .
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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 | ||||||
3 | act, or result
from offenses committed at the same time, shall | ||||||
4 | be counted for the purpose of
this Article as one conviction. | ||||||
5 | Any conviction set aside pursuant to law is
not a conviction | ||||||
6 | for purposes of this Article.
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7 |
For purposes of this Section, "convicted" shall have the | ||||||
8 | same meaning as
"adjudicated".
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9 | (B) As used in this Article, "sex offense" means:
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10 | (1) A violation of any of the following Sections of the | ||||||
11 | Criminal Code of
1961 or the Criminal Code of 2012:
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12 | 11-20.1 (child pornography),
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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),
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17 | 11-9.2 (custodial sexual misconduct),
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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),
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22 | 11-18.1 (patronizing a juvenile prostitute),
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23 | 11-17.1 (keeping a place of juvenile | ||||||
24 | prostitution),
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25 | 11-19.1 (juvenile pimping),
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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),
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5 | 11-1.30 or 12-14 (aggravated criminal sexual | ||||||
6 | assault),
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7 | 11-1.40 or 12-14.1 (predatory criminal sexual | ||||||
8 | assault of a child),
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9 | 11-1.50 or 12-15 (criminal sexual abuse),
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10 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
11 | abuse),
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12 | 12-33 (ritualized abuse of a child).
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13 | An attempt to commit any of these offenses.
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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
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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),
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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,
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6 | provided the offense was sexually motivated as defined in | ||||||
7 | Section 10 of the Sex Offender Management Board Act.
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8 | (1.7) (Blank).
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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:
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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 | ||||||
2 | Code of Military
Justice, or the law of another state
or a | ||||||
3 | foreign country that is substantially equivalent to any offense | ||||||
4 | listed
in subsections (B), (C), (E), and (E-5) of this Section | ||||||
5 | shall
constitute a
conviction for the purpose
of this Article. | ||||||
6 | A finding or adjudication as a sexually dangerous person
or a | ||||||
7 | sexually violent person under any federal law, Uniform Code of | ||||||
8 | Military
Justice, or the law of another state or
foreign | ||||||
9 | country that is substantially equivalent to the Sexually | ||||||
10 | Dangerous
Persons Act or the Sexually Violent Persons | ||||||
11 | Commitment Act shall constitute an
adjudication for the | ||||||
12 | purposes of this Article.
| ||||||
13 | (C-5) A person at least 17 years of age at the time of the | ||||||
14 | commission of
the offense who is convicted of first degree | ||||||
15 | murder under Section 9-1 of the
Criminal Code of 1961 or the | ||||||
16 | Criminal Code of 2012, against a person
under 18 years of age, | ||||||
17 | shall be required to register
for natural life.
A conviction | ||||||
18 | for an offense of federal, Uniform Code of Military Justice,
| ||||||
19 | sister state, or foreign country law that is substantially | ||||||
20 | equivalent to any
offense listed in subsection (C-5) of this | ||||||
21 | Section shall constitute a
conviction for the purpose of this | ||||||
22 | Article. This subsection (C-5) applies to a person who | ||||||
23 | committed the offense before June 1, 1996 if: (i) the person is | ||||||
24 | incarcerated in an Illinois Department of Corrections facility | ||||||
25 | on August 20, 2004 (the effective date of Public Act 93-977), | ||||||
26 | or (ii) subparagraph (i) does not apply and the person is |
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1 | convicted of any felony after July 1, 2011, and paragraph (2.1) | ||||||
2 | of subsection (c) of Section 3 of this Act applies.
| ||||||
3 | (C-6) A person who is convicted or adjudicated delinquent | ||||||
4 | of first degree murder as defined in Section 9-1 of the | ||||||
5 | Criminal Code of 1961 or the Criminal Code of 2012, against a | ||||||
6 | person 18 years of age or over, shall be required to register | ||||||
7 | for his or her natural life. A conviction for an offense of | ||||||
8 | federal, Uniform Code of Military Justice, sister state, or | ||||||
9 | foreign country law that is substantially equivalent to any | ||||||
10 | offense listed in subsection (C-6) of this Section shall | ||||||
11 | constitute a conviction for the purpose of this Article. This | ||||||
12 | subsection (C-6) does not apply to those individuals released | ||||||
13 | from 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 | ||||||
16 | jurisdiction"
means the Chief of Police in each of the | ||||||
17 | municipalities in which the sex offender
expects to reside, | ||||||
18 | work, or attend school (1) upon his or her discharge,
parole or | ||||||
19 | release or
(2) during the service of his or her sentence of | ||||||
20 | probation or conditional
discharge, or the Sheriff of the | ||||||
21 | county, in the event no Police Chief exists
or if the offender | ||||||
22 | intends to reside, work, or attend school in an
unincorporated | ||||||
23 | area.
"Law enforcement agency having jurisdiction" includes | ||||||
24 | the location where
out-of-state students attend school and | ||||||
25 | where out-of-state employees are
employed or are otherwise | ||||||
26 | required to register.
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1 | (D-1) As used in this Article, "supervising officer" means | ||||||
2 | the assigned Illinois Department of Corrections parole agent or | ||||||
3 | county probation officer. | ||||||
4 | (E) As used in this Article, "sexual predator" means any | ||||||
5 | person 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 |
| |||||||
| |||||||
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 | ||||||
4 | a person convicted of a violation or attempted violation of any | ||||||
5 | of the following
Sections of the
Criminal Code of 1961 or the | ||||||
6 | Criminal 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 |
| |||||||
| |||||||
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 | ||||||
6 | means a person required to register in another State due to a | ||||||
7 | conviction, adjudication or other action of any court | ||||||
8 | triggering an obligation to register as a sex offender, sexual | ||||||
9 | predator, or substantially similar status under the laws of | ||||||
10 | that State. | ||||||
11 | (F) As used in this Article, "out-of-state student" means | ||||||
12 | any sex
offender, as defined in this Section,
or sexual | ||||||
13 | predator who is enrolled in Illinois, on a full-time or | ||||||
14 | part-time
basis, in any public or private educational | ||||||
15 | institution, including, but not
limited to, any secondary | ||||||
16 | school, trade or professional institution, or
institution of | ||||||
17 | higher learning.
| ||||||
18 | (G) As used in this Article, "out-of-state employee" means | ||||||
19 | any sex
offender, as defined in this Section,
or sexual | ||||||
20 | predator who works in Illinois, regardless of whether the | ||||||
21 | individual
receives payment for services performed, for a | ||||||
22 | period of time of 10 or more days
or for an aggregate period of | ||||||
23 | time of 30 or more days
during any calendar year.
Persons who | ||||||
24 | operate motor vehicles in the State accrue one day of | ||||||
25 | employment
time for any portion of a day spent in Illinois.
| ||||||
26 | (H) As used in this Article, "school" means any public or |
| |||||||
| |||||||
1 | private educational institution, including, but not limited | ||||||
2 | to, any elementary or secondary school, trade or professional | ||||||
3 | institution, or institution of higher education. | ||||||
4 | (I) As used in this Article, "fixed residence" means any | ||||||
5 | and all places that a sex offender resides for an aggregate | ||||||
6 | period of time of 5 or more days in a calendar year.
| ||||||
7 | (J) As used in this Article, "Internet protocol address" | ||||||
8 | means the string of numbers by which a location on the Internet | ||||||
9 | is identified by routers or other computers connected to the | ||||||
10 | Internet. | ||||||
11 | (Source: P.A. 100-428, eff. 1-1-18 .)
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