|
| Public Act 097-1073
|
| HB5280 Enrolled | LRB097 16558 RLC 61730 b |
|
|
AN ACT concerning criminal law.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 10. The Sex Offender Registration Act is amended by |
changing Section 2 as follows:
|
(730 ILCS 150/2) (from Ch. 38, par. 222)
|
Sec. 2. Definitions.
|
(A) As used in this Article, "sex offender" means any |
person who is:
|
(1) charged pursuant to Illinois law, or any |
substantially similar
federal, Uniform Code of Military |
Justice, sister state, or foreign country
law,
with a sex |
offense set forth
in subsection (B) of this Section or the |
attempt to commit an included sex
offense, and:
|
(a) is convicted of such offense or an attempt to |
commit such offense;
or
|
(b) is found not guilty by reason of insanity of |
such offense or an
attempt to commit such offense; or
|
(c) is found not guilty by reason of insanity |
pursuant to Section
104-25(c) of the Code of Criminal |
Procedure of 1963 of such offense or an
attempt to |
commit such offense; or
|
(d) is the subject of a finding not resulting in an |
|
acquittal at a
hearing conducted pursuant to Section |
104-25(a) of the Code of Criminal
Procedure of 1963 for |
the alleged commission or attempted commission of such
|
offense; or
|
(e) is found not guilty by reason of insanity |
following a hearing
conducted pursuant to a federal, |
Uniform Code of Military Justice, sister
state, or |
foreign country law
substantially similar to Section |
104-25(c) of the Code of Criminal Procedure
of 1963 of |
such offense or of the attempted commission of such |
offense; or
|
(f) is the subject of a finding not resulting in an |
acquittal at a
hearing conducted pursuant to a federal, |
Uniform Code of Military Justice,
sister state, or |
foreign country law
substantially similar to Section |
104-25(a) of the Code of Criminal Procedure
of 1963 for |
the alleged violation or attempted commission of such |
offense;
or
|
(2) certified as a sexually dangerous person pursuant |
to the Illinois
Sexually Dangerous Persons Act, or any |
substantially similar federal, Uniform
Code of Military |
Justice, sister
state, or foreign country law; or
|
(3) subject to the provisions of Section 2 of the |
Interstate
Agreements on Sexually Dangerous Persons Act; |
or
|
(4) found to be a sexually violent person pursuant to |
|
the Sexually
Violent Persons Commitment Act or any |
substantially similar federal, Uniform
Code of Military |
Justice, sister
state, or foreign country law; or
|
(5) adjudicated a juvenile delinquent as the result of |
committing or
attempting to commit an act which, if |
committed by an adult, would constitute
any of the offenses |
specified in item (B), (C), or (C-5) of this Section or a
|
violation of any substantially similar federal, Uniform |
Code of Military
Justice, sister state, or foreign
country |
law, or found guilty under Article V of the Juvenile Court |
Act of 1987
of committing or attempting to commit an act |
which, if committed by an adult,
would constitute any of |
the offenses specified in item (B), (C), or (C-5) of
this |
Section or a violation of any substantially similar |
federal, Uniform Code
of Military Justice, sister state,
or |
foreign country law.
|
Convictions that result from or are connected with the same |
act, or result
from offenses committed at the same time, shall |
be counted for the purpose of
this Article as one conviction. |
Any conviction set aside pursuant to law is
not a conviction |
for purposes of this Article.
|
For purposes of this Section, "convicted" shall have the |
same meaning as
"adjudicated".
|
(B) As used in this Article, "sex offense" means:
|
(1) A violation of any of the following Sections of the |
Criminal Code of
1961:
|
|
11-20.1 (child pornography),
|
11-20.1B or 11-20.3 (aggravated child |
pornography),
|
11-6 (indecent solicitation of a child),
|
11-9.1 (sexual exploitation of a child),
|
11-9.2 (custodial sexual misconduct),
|
11-9.5 (sexual misconduct with a person with a |
disability), |
11-14.4 (promoting juvenile prostitution),
|
11-15.1 (soliciting for a juvenile prostitute),
|
11-18.1 (patronizing a juvenile prostitute),
|
11-17.1 (keeping a place of juvenile |
prostitution),
|
11-19.1 (juvenile pimping),
|
11-19.2 (exploitation of a child),
|
11-25 (grooming), |
11-26 (traveling to meet a minor),
|
11-1.20 or 12-13 (criminal sexual assault),
|
11-1.30 or 12-14 (aggravated criminal sexual |
assault),
|
11-1.40 or 12-14.1 (predatory criminal sexual |
assault of a child),
|
11-1.50 or 12-15 (criminal sexual abuse),
|
11-1.60 or 12-16 (aggravated criminal sexual |
abuse),
|
12-33 (ritualized abuse of a child).
|
|
An attempt to commit any of these offenses.
|
(1.5)
A violation of any of the following Sections of |
the
Criminal Code of 1961, when the victim is a person |
under 18 years of age, the
defendant is not a parent of the |
victim, the offense was sexually motivated as defined in |
Section 10 of the Sex Offender Management Board Act, and |
the offense was committed on or
after January 1, 1996:
|
10-1 (kidnapping),
|
10-2 (aggravated kidnapping),
|
10-3 (unlawful restraint),
|
10-3.1 (aggravated unlawful restraint).
|
If the offense was committed before January 1, 1996, it |
is a sex offense requiring registration only when the |
person is convicted of any felony after July 1, 2011, and |
paragraph (2.1) of subsection (c) of Section 3 of this Act |
applies.
|
(1.6)
First degree murder under Section 9-1 of the |
Criminal Code of 1961,
provided the offense was sexually |
motivated as defined in Section 10 of the Sex Offender |
Management Board Act.
|
(1.7) (Blank).
|
(1.8) A violation or attempted violation of Section |
11-11 (sexual
relations within families) of the Criminal |
Code of 1961, and the offense was committed on or after
|
June 1, 1997. If the offense was committed before June 1, |
1997, it is a sex offense requiring registration only when |
|
the person is convicted of any felony after July 1, 2011, |
and paragraph (2.1) of subsection (c) of Section 3 of this |
Act applies.
|
(1.9) Child abduction under paragraph (10) of |
subsection
(b) of Section 10-5 of the Criminal Code of 1961 |
committed by luring or
attempting to lure a child under the |
age of 16 into a motor vehicle, building,
house trailer, or |
dwelling place without the consent of the parent or lawful
|
custodian of the child for other than a lawful purpose and |
the offense was
committed on or after January 1, 1998, |
provided the offense was sexually motivated as defined in |
Section 10 of the Sex Offender Management Board Act. If the |
offense was committed before January 1, 1998, it is a sex |
offense requiring registration only when the person is |
convicted of any felony after July 1, 2011, and paragraph |
(2.1) of subsection (c) of Section 3 of this Act applies.
|
(1.10) A violation or attempted violation of any of the |
following Sections
of the Criminal Code of 1961 when the |
offense was committed on or after July
1, 1999:
|
10-4 (forcible detention, if the victim is under 18 |
years of age), provided the offense was sexually |
motivated as defined in Section 10 of the Sex Offender |
Management Board Act,
|
11-6.5 (indecent solicitation of an adult),
|
11-14.3 that involves soliciting for a prostitute, |
or 11-15 (soliciting for a prostitute, if the victim is |
|
under 18 years
of age),
|
subdivision (a)(2)(A) or (a)(2)(B) of Section |
11-14.3, or Section 11-16 (pandering, if the victim is |
under 18 years of age),
|
11-18 (patronizing a prostitute, if the victim is |
under 18 years
of age),
|
subdivision (a)(2)(C) of Section 11-14.3, or |
Section 11-19 (pimping, if the victim is under 18 years |
of age).
|
If the offense was committed before July 1, 1999, it is |
a sex offense requiring registration only when the person |
is convicted of any felony after July 1, 2011, and |
paragraph (2.1) of subsection (c) of Section 3 of this Act |
applies.
|
(1.11) A violation or attempted violation of any of the |
following
Sections of the Criminal Code of 1961 when the |
offense was committed on or
after August 22, 2002:
|
11-9 or 11-30 (public indecency for a third or |
subsequent conviction). |
If the third or subsequent conviction was imposed |
before August 22, 2002, it is a sex offense requiring |
registration only when the person is convicted of any |
felony after July 1, 2011, and paragraph (2.1) of |
subsection (c) of Section 3 of this Act applies.
|
(1.12) A violation or attempted violation of Section
|
5.1 of the Wrongs to Children Act or Section 11-9.1A of the |
|
Criminal Code of 1961 (permitting sexual abuse) when the
|
offense was committed on or after August 22, 2002. If the |
offense was committed before August 22, 2002, it is a sex |
offense requiring registration only when the person is |
convicted of any felony after July 1, 2011, and paragraph |
(2.1) of subsection (c) of Section 3 of this Act applies.
|
(2) A violation of any former law of this State |
substantially equivalent
to any offense listed in |
subsection (B) of this Section.
|
(C) A conviction for an offense of federal law, Uniform |
Code of Military
Justice, or the law of another state
or a |
foreign country that is substantially equivalent to any offense |
listed
in subsections (B), (C), (E), and (E-5) of this Section |
shall
constitute a
conviction for the purpose
of this Article. |
A finding or adjudication as a sexually dangerous person
or a |
sexually violent person under any federal law, Uniform Code of |
Military
Justice, or the law of another state or
foreign |
country that is substantially equivalent to the Sexually |
Dangerous
Persons Act or the Sexually Violent Persons |
Commitment Act shall constitute an
adjudication for the |
purposes of this Article.
|
(C-5) A person at least 17 years of age at the time of the |
commission of
the offense who is convicted of first degree |
murder under Section 9-1 of the
Criminal Code of 1961, against |
a person
under 18 years of age, shall be required to register
|
for natural life.
A conviction for an offense of federal, |
|
Uniform Code of Military Justice,
sister state, or foreign |
country law that is substantially equivalent to any
offense |
listed in subsection (C-5) of this Section shall constitute a
|
conviction for the purpose of this Article. This subsection |
(C-5) applies to a person who committed the offense before June |
1, 1996 if: (i) the person is incarcerated in an Illinois |
Department of Corrections facility on August 20, 2004 (the |
effective date of Public Act 93-977), or (ii) subparagraph (i) |
does not apply and the person is convicted of any felony after |
July 1, 2011, and paragraph (2.1) of subsection (c) of Section |
3 of this Act applies.
|
(C-6) A person who is convicted or adjudicated delinquent |
of first degree murder as defined in Section 9-1 of the |
Criminal Code of 1961, against a person 18 years of age or |
over, shall be required to register for his or her natural |
life. A conviction for an offense of federal, Uniform Code of |
Military Justice, sister state, or foreign country law that is |
substantially equivalent to any offense listed in subsection |
(C-6) of this Section shall constitute a conviction for the |
purpose of this Article. This subsection (C-6) does not apply |
to those individuals released from incarceration more than 10 |
years prior to January 1, 2012 (the effective date of Public |
Act 97-154) this amendatory Act of the 97th General Assembly. |
(D) As used in this Article, "law enforcement agency having |
jurisdiction"
means the Chief of Police in each of the |
municipalities in which the sex offender
expects to reside, |
|
work, or attend school (1) upon his or her discharge,
parole or |
release or
(2) during the service of his or her sentence of |
probation or conditional
discharge, or the Sheriff of the |
county, in the event no Police Chief exists
or if the offender |
intends to reside, work, or attend school in an
unincorporated |
area.
"Law enforcement agency having jurisdiction" includes |
the location where
out-of-state students attend school and |
where out-of-state employees are
employed or are otherwise |
required to register.
|
(D-1) As used in this Article, "supervising officer" means |
the assigned Illinois Department of Corrections parole agent or |
county probation officer. |
(E) As used in this Article, "sexual predator" means any |
person who,
after July 1, 1999, is:
|
(1) Convicted for an offense of federal, Uniform Code |
of Military
Justice, sister state, or foreign country law |
that is substantially equivalent
to any offense listed in |
subsection (E) or (E-5) of this Section shall constitute a
|
conviction for the purpose of this Article.
Convicted of a |
violation or attempted violation of any of the following
|
Sections of the
Criminal Code of 1961:
|
10-5.1 (luring of a minor),
|
11-14.4 that involves keeping a place of juvenile |
prostitution, or 11-17.1 (keeping a place of juvenile |
prostitution),
|
subdivision (a)(2) or (a)(3) of Section 11-14.4, |
|
or Section 11-19.1 (juvenile pimping),
|
subdivision (a)(4) of Section 11-14.4, or Section |
11-19.2 (exploitation of a child),
|
11-20.1 (child pornography),
|
11-20.1B or 11-20.3 (aggravated child |
pornography),
|
11-1.20 or 12-13 (criminal sexual assault),
|
11-1.30 or 12-14 (aggravated criminal sexual |
assault),
|
11-1.40 or 12-14.1 (predatory criminal sexual |
assault of a child),
|
11-1.60 or 12-16 (aggravated criminal sexual |
abuse),
|
12-33 (ritualized abuse of a child);
|
(2) (blank);
|
(3) certified as a sexually dangerous person pursuant |
to the Sexually
Dangerous Persons Act or any substantially |
similar federal, Uniform Code of
Military Justice, sister |
state, or
foreign country law;
|
(4) found to be a sexually violent person pursuant to |
the Sexually Violent
Persons Commitment Act or any |
substantially similar federal, Uniform Code of
Military |
Justice, sister state, or
foreign country law;
|
(5) convicted of a second or subsequent offense which |
requires
registration pursuant to this Act. For purposes of |
this paragraph
(5), "convicted" shall include a conviction |
|
under any
substantially similar
Illinois, federal, Uniform |
Code of Military Justice, sister state, or
foreign country |
law;
|
(6) (blank); or convicted of a second or subsequent |
offense of luring a minor under Section 10-5.1 of the |
Criminal Code of 1961; or |
(7) if the person was convicted of an offense set forth |
in this subsection (E) on or before July 1, 1999, the |
person is a sexual predator for whom registration is |
required only when the person is convicted of a felony |
offense after July 1, 2011, and paragraph (2.1) of |
subsection (c) of Section 3 of this Act applies. |
(E-5) As used in this Article, "sexual predator" also means |
a person convicted of a violation or attempted violation of any |
of the following
Sections of the
Criminal Code of 1961: |
(1) Section 9-1 (first degree murder,
when the victim |
was a person under 18 years of age and the defendant was at |
least
17 years of age at the time of the commission of the |
offense, provided the offense was sexually motivated as |
defined in Section 10 of the Sex Offender Management Board |
Act); |
(2) Section 11-9.5 (sexual misconduct with a person |
with a disability); |
(3) when the victim is a person under 18 years of age, |
the
defendant is not a parent of the victim, the offense |
was sexually motivated as defined in Section 10 of the Sex |
|
Offender Management Board Act, and the offense was |
committed on or
after January 1, 1996: (A) Section 10-1 |
(kidnapping), (B) Section 10-2 (aggravated kidnapping), |
(C) Section 10-3 (unlawful restraint), and (D) Section |
10-3.1 (aggravated unlawful restraint); and |
(4) Section 10-5(b)(10) (child abduction committed by |
luring or
attempting to lure a child under the age of 16 |
into a motor vehicle, building,
house trailer, or dwelling |
place without the consent of the parent or lawful
custodian |
of the child for other than a lawful purpose and the |
offense was
committed on or after January 1, 1998, provided |
the offense was sexually motivated as defined in Section 10 |
of the Sex Offender Management Board Act). |
(E-10) As used in this Article, "sexual predator" also |
means a person required to register in another State due to a |
conviction, adjudication or other action of any court |
triggering an obligation to register as a sex offender, sexual |
predator, or substantially similar status under the laws of |
that State. |
(F) As used in this Article, "out-of-state student" means |
any sex
offender, as defined in this Section,
or sexual |
predator who is enrolled in Illinois, on a full-time or |
part-time
basis, in any public or private educational |
institution, including, but not
limited to, any secondary |
school, trade or professional institution, or
institution of |
higher learning.
|
|
(G) As used in this Article, "out-of-state employee" means |
any sex
offender, as defined in this Section,
or sexual |
predator who works in Illinois, regardless of whether the |
individual
receives payment for services performed, for a |
period of time of 10 or more days
or for an aggregate period of |
time of 30 or more days
during any calendar year.
Persons who |
operate motor vehicles in the State accrue one day of |
employment
time for any portion of a day spent in Illinois.
|
(H) As used in this Article, "school" means any public or |
private educational institution, including, but not limited |
to, any elementary or secondary school, trade or professional |
institution, or institution of higher education. |
(I) As used in this Article, "fixed residence" means any |
and all places that a sex offender resides for an aggregate |
period of time of 5 or more days in a calendar year.
|
(J) As used in this Article, "Internet protocol address" |
means the string of numbers by which a location on the Internet |
is identified by routers or other computers connected to the |
Internet. |
(Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11; |
96-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; |
revised 9-27-11.)
|
