Bill Text: IL HB5280 | 2011-2012 | 97th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Unified Code of Corrections. Provides that every person who has been convicted in any state or federal court of an offense that requires the person to register as a sexual predator under the Sex Offender Registration Act, and who is thereafter convicted of a second offense requiring registration as a sexual predator, shall be adjudged a habitual child predator. Provides that anyone adjudged a habitual child predator shall be sentenced as a Class X offender. Provides that the term of mandatory supervised release of a habitual child predator shall range from a minimum of 3 years to a maximum of the natural life of the defendant. Amends the Sex Offender Registration Act. Defines "sexual predator" to include a person who was convicted of luring of a minor (rather than a second or subsequent such offense).
Spectrum: Strong Partisan Bill (Democrat 16-1)
Status: (Passed) 2012-08-24 - Public Act . . . . . . . . . 97-1073 [HB5280 Detail]
Download: Illinois-2011-HB5280-Introduced.html
Bill Title: Amends the Unified Code of Corrections. Provides that every person who has been convicted in any state or federal court of an offense that requires the person to register as a sexual predator under the Sex Offender Registration Act, and who is thereafter convicted of a second offense requiring registration as a sexual predator, shall be adjudged a habitual child predator. Provides that anyone adjudged a habitual child predator shall be sentenced as a Class X offender. Provides that the term of mandatory supervised release of a habitual child predator shall range from a minimum of 3 years to a maximum of the natural life of the defendant. Amends the Sex Offender Registration Act. Defines "sexual predator" to include a person who was convicted of luring of a minor (rather than a second or subsequent such offense).
Spectrum: Strong Partisan Bill (Democrat 16-1)
Status: (Passed) 2012-08-24 - Public Act . . . . . . . . . 97-1073 [HB5280 Detail]
Download: Illinois-2011-HB5280-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 Unified Code of Corrections is amended by | ||||||||||||||||||||||||||||
5 | changing Sections 5-4.5-95 and 5-8-1 as follows:
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6 | (730 ILCS 5/5-4.5-95)
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7 | Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS. | ||||||||||||||||||||||||||||
8 | (a) HABITUAL CRIMINALS. | ||||||||||||||||||||||||||||
9 | (1) Every person who has been twice convicted in any | ||||||||||||||||||||||||||||
10 | state or federal court of an offense that contains the same | ||||||||||||||||||||||||||||
11 | elements as an offense now (the date of the offense | ||||||||||||||||||||||||||||
12 | committed after the 2 prior convictions) classified in | ||||||||||||||||||||||||||||
13 | Illinois as a Class X felony, criminal sexual assault, | ||||||||||||||||||||||||||||
14 | aggravated kidnapping, or first degree murder, and who is | ||||||||||||||||||||||||||||
15 | thereafter convicted of a Class X felony, criminal sexual | ||||||||||||||||||||||||||||
16 | assault, or first degree murder, committed after the 2 | ||||||||||||||||||||||||||||
17 | prior convictions, shall be adjudged an habitual criminal. | ||||||||||||||||||||||||||||
18 | (2) The 2 prior convictions need not have been for the | ||||||||||||||||||||||||||||
19 | same offense. | ||||||||||||||||||||||||||||
20 | (3) Any convictions that result from or are connected | ||||||||||||||||||||||||||||
21 | with the same transaction, or result from offenses | ||||||||||||||||||||||||||||
22 | committed at the same time, shall be counted for the | ||||||||||||||||||||||||||||
23 | purposes of this Section as one conviction. |
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1 | (4) This Section does not apply unless each of the | ||||||
2 | following requirements are satisfied: | ||||||
3 | (A) The third offense was committed after July 3, | ||||||
4 | 1980. | ||||||
5 | (B) The third offense was committed within 20 years | ||||||
6 | of the date that judgment was entered on the first | ||||||
7 | conviction; provided, however, that time spent in | ||||||
8 | custody shall not be counted. | ||||||
9 | (C) The third offense was committed after | ||||||
10 | conviction on the second offense. | ||||||
11 | (D) The second offense was committed after | ||||||
12 | conviction on the first offense. | ||||||
13 | (5) Except when the death penalty is imposed, anyone | ||||||
14 | adjudged an habitual criminal shall be sentenced to a term | ||||||
15 | of natural life imprisonment. | ||||||
16 | (6) A prior conviction shall not be alleged in the | ||||||
17 | indictment, and no evidence or other disclosure of that | ||||||
18 | conviction shall be presented to the court or the jury | ||||||
19 | during the trial of an offense set forth in this Section | ||||||
20 | unless otherwise permitted by the issues properly raised in | ||||||
21 | that trial. After a plea or verdict or finding of guilty | ||||||
22 | and before sentence is imposed, the prosecutor may file | ||||||
23 | with the court a verified written statement signed by the | ||||||
24 | State's Attorney concerning any former conviction of an | ||||||
25 | offense set forth in this Section rendered against the | ||||||
26 | defendant. The court shall then cause the defendant to be |
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1 | brought before it; shall inform the defendant of the | ||||||
2 | allegations of the statement so filed, and of his or her | ||||||
3 | right to a hearing before the court on the issue of that | ||||||
4 | former conviction and of his or her right to counsel at | ||||||
5 | that hearing; and unless the defendant admits such | ||||||
6 | conviction, shall hear and determine the issue, and shall | ||||||
7 | make a written finding thereon. If a sentence has | ||||||
8 | previously been imposed, the court may vacate that sentence | ||||||
9 | and impose a new sentence in accordance with this Section. | ||||||
10 | (7) A duly authenticated copy of the record of any | ||||||
11 | alleged former conviction of an offense set forth in this | ||||||
12 | Section shall be prima facie evidence of that former | ||||||
13 | conviction; and a duly authenticated copy of the record of | ||||||
14 | the defendant's final release or discharge from probation | ||||||
15 | granted, or from sentence and parole supervision (if any) | ||||||
16 | imposed pursuant to that former conviction, shall be prima | ||||||
17 | facie evidence of that release or discharge. | ||||||
18 | (8) Any claim that a previous conviction offered by the | ||||||
19 | prosecution is not a former conviction of an offense set | ||||||
20 | forth in this Section because of the existence of any | ||||||
21 | exceptions described in this Section, is waived unless duly | ||||||
22 | raised at the hearing on that conviction, or unless the | ||||||
23 | prosecution's proof shows the existence of the exceptions | ||||||
24 | described in this Section. | ||||||
25 | (9) If the person so convicted shows to the | ||||||
26 | satisfaction of the court before whom that conviction was |
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1 | had that he or she was released from imprisonment, upon | ||||||
2 | either of the sentences upon a pardon granted for the | ||||||
3 | reason that he or she was innocent, that conviction and | ||||||
4 | sentence shall not be considered under this Section.
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5 | (b) When a defendant, over the age of 21 years, is | ||||||
6 | convicted of a Class 1 or Class 2 felony, after having twice | ||||||
7 | been convicted in any state or federal court of an offense that | ||||||
8 | contains the same elements as an offense now (the date the | ||||||
9 | Class 1 or Class 2 felony was committed) classified in Illinois | ||||||
10 | as a Class 2 or greater Class felony and those charges are | ||||||
11 | separately brought and tried and arise out of different series | ||||||
12 | of acts, that defendant shall be sentenced as a Class X | ||||||
13 | offender. This subsection does not apply unless: | ||||||
14 | (1) the first felony was committed after February 1, | ||||||
15 | 1978 (the effective date of Public Act 80-1099); | ||||||
16 | (2) the second felony was committed after conviction on | ||||||
17 | the first; and | ||||||
18 | (3) the third felony was committed after conviction on | ||||||
19 | the second. | ||||||
20 | A person sentenced as a Class X offender under this | ||||||
21 | subsection (b) is not eligible to apply for treatment as a | ||||||
22 | condition of probation as provided by Section 40-10 of the | ||||||
23 | Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS | ||||||
24 | 301/40-10).
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25 | (c)(1) Every person who has been convicted in any state or | ||||||
26 | federal court of an offense that requires the person to |
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1 | register as a sexual predator under the Sex Offender | ||||||
2 | Registration Act (730 ILCS 150/Act), and who is thereafter | ||||||
3 | convicted of a second offense requiring registration as a | ||||||
4 | sexual predator, shall be adjudged a habitual child predator. | ||||||
5 | (2) The prior conviction need not have been for the same | ||||||
6 | offense. | ||||||
7 | (3) Any convictions that result from or are connected with | ||||||
8 | the same transaction, or result from offenses committed at the | ||||||
9 | same time, shall be counted for the purposes of this subsection | ||||||
10 | as one conviction. | ||||||
11 | (4) This subsection does not apply unless each of the | ||||||
12 | following requirements are satisfied: | ||||||
13 | (A) The second offense was committed on or after the | ||||||
14 | effective date of this amendatory Act of the 97th General | ||||||
15 | Assembly. | ||||||
16 | (B) The second offense was committed after conviction | ||||||
17 | on the first offense. | ||||||
18 | (5) Except when the death penalty is imposed, anyone | ||||||
19 | adjudged a habitual child predator shall be sentenced as a | ||||||
20 | Class X offender. | ||||||
21 | (6) A prior conviction shall not be alleged in the | ||||||
22 | indictment, and no evidence or other disclosure of that | ||||||
23 | conviction shall be presented to the court or the jury during | ||||||
24 | the trial of an offense set forth in this Section unless | ||||||
25 | otherwise permitted by the issues properly raised in that | ||||||
26 | trial. After a plea or verdict or finding of guilty and before |
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1 | sentence is imposed, the prosecutor may file with the court a | ||||||
2 | verified written statement signed by the State's Attorney | ||||||
3 | concerning any former conviction of an offense set forth in | ||||||
4 | this Section rendered against the defendant. The court shall | ||||||
5 | then cause the defendant to be brought before it; shall inform | ||||||
6 | the defendant of the allegations of the statement so filed, and | ||||||
7 | of his or her right to a hearing before the court on the issue | ||||||
8 | of that former conviction and of his or her right to counsel at | ||||||
9 | that hearing; and unless the defendant admits such conviction, | ||||||
10 | shall hear and determine the issue, and shall make a written | ||||||
11 | finding thereon. If a sentence has previously been imposed, the | ||||||
12 | court may vacate that sentence and impose a new sentence in | ||||||
13 | accordance with this Section. | ||||||
14 | (7) A duly authenticated copy of the record of any alleged | ||||||
15 | former conviction of an offense set forth in this Section shall | ||||||
16 | be prima facie evidence of that former conviction; and a duly | ||||||
17 | authenticated copy of the record of the defendant's final | ||||||
18 | release or discharge from probation granted, or from sentence | ||||||
19 | and parole supervision (if any) imposed pursuant to that former | ||||||
20 | conviction, shall be prima facie evidence of that release or | ||||||
21 | discharge. | ||||||
22 | (8) Any claim that a previous conviction offered by the | ||||||
23 | prosecution is not a former conviction of an offense set forth | ||||||
24 | in this Section because of the existence of any exceptions | ||||||
25 | described in this Section, is waived unless duly raised at the | ||||||
26 | hearing on that conviction, or unless the prosecution's proof |
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1 | shows the existence of the exceptions described in this | ||||||
2 | Section. | ||||||
3 | (9) If the person so convicted shows to the satisfaction of | ||||||
4 | the court before whom that conviction was had that he or she | ||||||
5 | was released from imprisonment, upon either of the sentences | ||||||
6 | upon a pardon granted for the reason that he or she was | ||||||
7 | innocent, that conviction and sentence shall not be considered | ||||||
8 | under this Section. | ||||||
9 | (Source: P.A. 95-1052, eff. 7-1-09 .)
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10 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
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11 | Sec. 5-8-1. Natural life imprisonment; enhancements for | ||||||
12 | use of a firearm; mandatory supervised release terms.
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13 | (a) Except as otherwise provided in the statute defining | ||||||
14 | the offense or in Article 4.5 of Chapter V, a
sentence of | ||||||
15 | imprisonment for a felony shall be a determinate sentence set | ||||||
16 | by
the court under this Section, according to the following | ||||||
17 | limitations:
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18 | (1) for first degree murder,
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19 | (a) (blank),
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20 | (b) if a trier of fact finds beyond a reasonable
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21 | doubt that the murder was accompanied by exceptionally
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22 | brutal or heinous behavior indicative of wanton | ||||||
23 | cruelty or, except as set forth
in subsection (a)(1)(c) | ||||||
24 | of this Section, that any of the aggravating factors
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25 | listed in subsection (b) or (b-5) of Section 9-1 of the |
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1 | Criminal Code of 1961 are
present, the court may | ||||||
2 | sentence the defendant to a term of natural life
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3 | imprisonment, or
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4 | (c) the court shall sentence the defendant to a | ||||||
5 | term of natural life
imprisonment when the death | ||||||
6 | penalty is not imposed if the defendant,
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7 | (i) has previously been convicted of first | ||||||
8 | degree murder under
any state or federal law, or
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9 | (ii) is a person who, at the time of the | ||||||
10 | commission of the murder,
had attained the age of | ||||||
11 | 17 or more and is found guilty of murdering an
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12 | individual under 12 years of age; or, irrespective | ||||||
13 | of the defendant's age at
the time of the | ||||||
14 | commission of the offense, is found guilty of | ||||||
15 | murdering more
than one victim, or
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16 | (iii) is found guilty of murdering a peace | ||||||
17 | officer, fireman, or emergency management worker | ||||||
18 | when
the peace officer, fireman, or emergency | ||||||
19 | management worker was killed in the course of | ||||||
20 | performing his
official duties, or to prevent the | ||||||
21 | peace officer or fireman from
performing his | ||||||
22 | official duties, or in retaliation for the peace | ||||||
23 | officer,
fireman, or emergency management worker | ||||||
24 | from performing his official duties, and the | ||||||
25 | defendant knew or should
have known that the | ||||||
26 | murdered individual was a peace officer, fireman, |
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1 | or emergency management worker, or
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2 | (iv) is found guilty of murdering an employee | ||||||
3 | of an institution or
facility of the Department of | ||||||
4 | Corrections, or any similar local
correctional | ||||||
5 | agency, when the employee was killed in the course | ||||||
6 | of
performing his official duties, or to prevent | ||||||
7 | the employee from performing
his official duties, | ||||||
8 | or in retaliation for the employee performing his
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9 | official duties, or
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10 | (v) is found guilty of murdering an emergency | ||||||
11 | medical
technician - ambulance, emergency medical | ||||||
12 | technician - intermediate, emergency
medical | ||||||
13 | technician - paramedic, ambulance driver or other | ||||||
14 | medical assistance or
first aid person while | ||||||
15 | employed by a municipality or other governmental | ||||||
16 | unit
when the person was killed in the course of | ||||||
17 | performing official duties or
to prevent the | ||||||
18 | person from performing official duties or in | ||||||
19 | retaliation
for performing official duties and the | ||||||
20 | defendant knew or should have known
that the | ||||||
21 | murdered individual was an emergency medical | ||||||
22 | technician - ambulance,
emergency medical | ||||||
23 | technician - intermediate, emergency medical
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24 | technician - paramedic, ambulance driver, or other | ||||||
25 | medical
assistant or first aid personnel, or
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26 | (vi) is a person who, at the time of the |
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1 | commission of the murder,
had not attained the age | ||||||
2 | of 17, and is found guilty of murdering a person | ||||||
3 | under
12 years of age and the murder is committed | ||||||
4 | during the course of aggravated
criminal sexual | ||||||
5 | assault, criminal sexual assault, or aggravated | ||||||
6 | kidnaping,
or
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7 | (vii) is found guilty of first degree murder | ||||||
8 | and the murder was
committed by reason of any | ||||||
9 | person's activity as a community policing | ||||||
10 | volunteer
or to prevent any person from engaging in | ||||||
11 | activity as a community policing
volunteer. For | ||||||
12 | the purpose of this Section, "community policing | ||||||
13 | volunteer"
has the meaning ascribed to it in | ||||||
14 | Section 2-3.5 of the Criminal Code of 1961.
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15 | For purposes of clause (v), "emergency medical | ||||||
16 | technician - ambulance",
"emergency medical technician - | ||||||
17 | intermediate", "emergency medical technician -
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18 | paramedic", have the meanings ascribed to them in the | ||||||
19 | Emergency Medical
Services (EMS) Systems Act.
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20 | (d) (i) if the person committed the offense while | ||||||
21 | armed with a
firearm, 15 years shall be added to | ||||||
22 | the term of imprisonment imposed by the
court;
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23 | (ii) if, during the commission of the offense, | ||||||
24 | the person
personally discharged a firearm, 20 | ||||||
25 | years shall be added to the term of
imprisonment | ||||||
26 | imposed by the court;
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1 | (iii) if, during the commission of the | ||||||
2 | offense, the person
personally discharged a | ||||||
3 | firearm that proximately caused great bodily harm,
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4 | permanent disability, permanent disfigurement, or | ||||||
5 | death to another person, 25
years or up to a term | ||||||
6 | of natural life shall be added to the term of
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7 | imprisonment imposed by the court.
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8 | (2) (blank);
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9 | (2.5) for a person convicted under the circumstances | ||||||
10 | described in subdivision (b)(1)(B) of Section 11-1.20 or
| ||||||
11 | paragraph (3) of subsection (b) of Section 12-13, | ||||||
12 | subdivision (d)(2) of Section 11-1.30 or paragraph (2) of | ||||||
13 | subsection
(d) of Section 12-14, subdivision (b)(1.2) of | ||||||
14 | Section 11-1.40 or paragraph (1.2) of subsection (b) of
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15 | Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or | ||||||
16 | paragraph (2) of subsection (b) of Section 12-14.1
of the | ||||||
17 | Criminal Code of 1961, the sentence shall be a term of | ||||||
18 | natural life
imprisonment.
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19 | (b) (Blank).
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20 | (c) (Blank).
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21 | (d) Subject to
earlier termination under Section 3-3-8, the | ||||||
22 | parole or mandatory
supervised release term shall be written as | ||||||
23 | part of the sentencing order and shall be as follows:
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24 | (1) for first degree murder or a Class X felony except | ||||||
25 | for the offenses of predatory criminal sexual assault of a | ||||||
26 | child, aggravated criminal sexual assault, and criminal |
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1 | sexual assault if committed on or after the effective date | ||||||
2 | of this amendatory Act of the 94th General Assembly and | ||||||
3 | except for the offense of aggravated child pornography | ||||||
4 | under Section 11-20.1B or 11-20.3 of the Criminal Code of | ||||||
5 | 1961, if committed on or after January 1, 2009, 3 years;
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6 | (2) for a Class 1 felony or a Class 2 felony except for | ||||||
7 | the offense of criminal sexual assault if committed on or | ||||||
8 | after the effective date of this amendatory Act of the 94th | ||||||
9 | General Assembly and except for the offenses of manufacture | ||||||
10 | and dissemination of child pornography under clauses | ||||||
11 | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | ||||||
12 | of 1961, if committed on or after January 1, 2009, 2 years;
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13 | (3) for a Class 3 felony or a Class 4 felony, 1 year;
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14 | (4) for defendants who commit the offense of predatory | ||||||
15 | criminal sexual assault of a child, aggravated criminal | ||||||
16 | sexual assault, or criminal sexual assault, on or after the | ||||||
17 | effective date of this amendatory Act of the 94th General | ||||||
18 | Assembly, or who commit the offense of aggravated child | ||||||
19 | pornography, manufacture of child pornography, or | ||||||
20 | dissemination of child pornography after January 1, 2009, | ||||||
21 | or who commit an offense that results in the defendant | ||||||
22 | being adjudged a habitual child predator, the term of | ||||||
23 | mandatory supervised release shall range from a minimum of | ||||||
24 | 3 years to a maximum of the natural life of the defendant;
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25 | (5) if the victim is under 18 years of age, for a | ||||||
26 | second or subsequent
offense of aggravated criminal sexual |
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1 | abuse or felony criminal sexual abuse,
4 years, at least | ||||||
2 | the first 2 years of which the defendant shall serve in an
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3 | electronic home detention program under Article 8A of | ||||||
4 | Chapter V of this Code;
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5 | (6) for a felony domestic battery, aggravated domestic | ||||||
6 | battery, stalking, aggravated stalking, and a felony | ||||||
7 | violation of an order of protection, 4 years. | ||||||
8 | (e) (Blank).
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9 | (f) (Blank).
| ||||||
10 | (Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; | ||||||
11 | 96-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff. | ||||||
12 | 7-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; revised | ||||||
13 | 9-14-11.)
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14 | Section 10. The Sex Offender Registration Act is amended by | ||||||
15 | changing Section 2 as follows:
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16 | (730 ILCS 150/2) (from Ch. 38, par. 222)
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17 | Sec. 2. Definitions.
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18 | (A) As used in this Article, "sex offender" means any | ||||||
19 | person who is:
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20 | (1) charged pursuant to Illinois law, or any | ||||||
21 | substantially similar
federal, Uniform Code of Military | ||||||
22 | Justice, sister state, or foreign country
law,
with a sex | ||||||
23 | offense set forth
in subsection (B) of this Section or the | ||||||
24 | attempt to commit an included sex
offense, and:
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1 | (a) is convicted of such offense or an attempt to | ||||||
2 | commit such offense;
or
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3 | (b) is found not guilty by reason of insanity of | ||||||
4 | such offense or an
attempt to commit such offense; or
| ||||||
5 | (c) is found not guilty by reason of insanity | ||||||
6 | pursuant to Section
104-25(c) of the Code of Criminal | ||||||
7 | Procedure of 1963 of such offense or an
attempt to | ||||||
8 | commit such offense; or
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9 | (d) is the subject of a finding not resulting in an | ||||||
10 | acquittal at a
hearing conducted pursuant to Section | ||||||
11 | 104-25(a) of the Code of Criminal
Procedure of 1963 for | ||||||
12 | the alleged commission or attempted commission of such
| ||||||
13 | offense; or
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14 | (e) is found not guilty by reason of insanity | ||||||
15 | following a hearing
conducted pursuant to a federal, | ||||||
16 | Uniform Code of Military Justice, sister
state, or | ||||||
17 | foreign country law
substantially similar to Section | ||||||
18 | 104-25(c) of the Code of Criminal Procedure
of 1963 of | ||||||
19 | such offense or of the attempted commission of such | ||||||
20 | offense; or
| ||||||
21 | (f) is the subject of a finding not resulting in an | ||||||
22 | acquittal at a
hearing conducted pursuant to a federal, | ||||||
23 | Uniform Code of Military Justice,
sister state, or | ||||||
24 | foreign country law
substantially similar to Section | ||||||
25 | 104-25(a) of the Code of Criminal Procedure
of 1963 for | ||||||
26 | the alleged violation or attempted commission of such |
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1 | offense;
or
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2 | (2) certified as a sexually dangerous person pursuant | ||||||
3 | to the Illinois
Sexually Dangerous Persons Act, or any | ||||||
4 | substantially similar federal, Uniform
Code of Military | ||||||
5 | Justice, sister
state, or foreign country law; or
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6 | (3) subject to the provisions of Section 2 of the | ||||||
7 | Interstate
Agreements on Sexually Dangerous Persons Act; | ||||||
8 | or
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9 | (4) found to be a sexually violent person pursuant to | ||||||
10 | the Sexually
Violent Persons Commitment Act or any | ||||||
11 | substantially similar federal, Uniform
Code of Military | ||||||
12 | Justice, sister
state, or foreign country law; or
| ||||||
13 | (5) adjudicated a juvenile delinquent as the result of | ||||||
14 | committing or
attempting to commit an act which, if | ||||||
15 | committed by an adult, would constitute
any of the offenses | ||||||
16 | specified in item (B), (C), or (C-5) of this Section or a
| ||||||
17 | violation of any substantially similar federal, Uniform | ||||||
18 | Code of Military
Justice, sister state, or foreign
country | ||||||
19 | law, or found guilty under Article V of the Juvenile Court | ||||||
20 | Act of 1987
of committing or attempting to commit an act | ||||||
21 | which, if committed by an adult,
would constitute any of | ||||||
22 | the offenses specified in item (B), (C), or (C-5) of
this | ||||||
23 | Section or a violation of any substantially similar | ||||||
24 | federal, Uniform Code
of Military Justice, sister state,
or | ||||||
25 | foreign country law.
| ||||||
26 | Convictions that result from or are connected with the same |
| |||||||
| |||||||
1 | act, or result
from offenses committed at the same time, shall | ||||||
2 | be counted for the purpose of
this Article as one conviction. | ||||||
3 | Any conviction set aside pursuant to law is
not a conviction | ||||||
4 | for purposes of this Article.
| ||||||
5 |
For purposes of this Section, "convicted" shall have the | ||||||
6 | same meaning as
"adjudicated".
| ||||||
7 | (B) As used in this Article, "sex offense" means:
| ||||||
8 | (1) A violation of any of the following Sections of the | ||||||
9 | Criminal Code of
1961:
| ||||||
10 | 11-20.1 (child pornography),
| ||||||
11 | 11-20.1B or 11-20.3 (aggravated child | ||||||
12 | pornography),
| ||||||
13 | 11-6 (indecent solicitation of a child),
| ||||||
14 | 11-9.1 (sexual exploitation of a child),
| ||||||
15 | 11-9.2 (custodial sexual misconduct),
| ||||||
16 | 11-9.5 (sexual misconduct with a person with a | ||||||
17 | disability), | ||||||
18 | 11-14.4 (promoting juvenile prostitution),
| ||||||
19 | 11-15.1 (soliciting for a juvenile prostitute),
| ||||||
20 | 11-18.1 (patronizing a juvenile prostitute),
| ||||||
21 | 11-17.1 (keeping a place of juvenile | ||||||
22 | prostitution),
| ||||||
23 | 11-19.1 (juvenile pimping),
| ||||||
24 | 11-19.2 (exploitation of a child),
| ||||||
25 | 11-25 (grooming), | ||||||
26 | 11-26 (traveling to meet a minor),
|
| |||||||
| |||||||
1 | 11-1.20 or 12-13 (criminal sexual assault),
| ||||||
2 | 11-1.30 or 12-14 (aggravated criminal sexual | ||||||
3 | assault),
| ||||||
4 | 11-1.40 or 12-14.1 (predatory criminal sexual | ||||||
5 | assault of a child),
| ||||||
6 | 11-1.50 or 12-15 (criminal sexual abuse),
| ||||||
7 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
8 | abuse),
| ||||||
9 | 12-33 (ritualized abuse of a child).
| ||||||
10 | An attempt to commit any of these offenses.
| ||||||
11 | (1.5)
A violation of any of the following Sections of | ||||||
12 | the
Criminal Code of 1961, when the victim is a person | ||||||
13 | under 18 years of age, the
defendant is not a parent of the | ||||||
14 | victim, the offense was sexually motivated as defined in | ||||||
15 | Section 10 of the Sex Offender Management Board Act, and | ||||||
16 | the offense was committed on or
after January 1, 1996:
| ||||||
17 | 10-1 (kidnapping),
| ||||||
18 | 10-2 (aggravated kidnapping),
| ||||||
19 | 10-3 (unlawful restraint),
| ||||||
20 | 10-3.1 (aggravated unlawful restraint).
| ||||||
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 |
| |||||||
| |||||||
1 | Criminal Code of 1961,
provided the offense was sexually | ||||||
2 | motivated as defined in Section 10 of the Sex Offender | ||||||
3 | Management Board Act.
| ||||||
4 | (1.7) (Blank).
| ||||||
5 | (1.8) A violation or attempted violation of Section | ||||||
6 | 11-11 (sexual
relations within families) of the Criminal | ||||||
7 | Code of 1961, and the offense was committed on or after
| ||||||
8 | June 1, 1997. If the offense was committed before June 1, | ||||||
9 | 1997, it is a sex offense requiring registration only when | ||||||
10 | the person is convicted of any felony after July 1, 2011, | ||||||
11 | and paragraph (2.1) of subsection (c) of Section 3 of this | ||||||
12 | Act applies.
| ||||||
13 | (1.9) Child abduction under paragraph (10) of | ||||||
14 | subsection
(b) of Section 10-5 of the Criminal Code of 1961 | ||||||
15 | committed by luring or
attempting to lure a child under the | ||||||
16 | age of 16 into a motor vehicle, building,
house trailer, or | ||||||
17 | dwelling place without the consent of the parent or lawful
| ||||||
18 | custodian of the child for other than a lawful purpose and | ||||||
19 | the offense was
committed on or after January 1, 1998, | ||||||
20 | provided the offense was sexually motivated as defined in | ||||||
21 | Section 10 of the Sex Offender Management Board Act. If the | ||||||
22 | offense was committed before January 1, 1998, it is a sex | ||||||
23 | offense requiring registration only when the person is | ||||||
24 | convicted of any felony after July 1, 2011, and paragraph | ||||||
25 | (2.1) of subsection (c) of Section 3 of this Act applies.
| ||||||
26 | (1.10) A violation or attempted violation of any of the |
| |||||||
| |||||||
1 | following Sections
of the Criminal Code of 1961 when the | ||||||
2 | offense was committed on or after July
1, 1999:
| ||||||
3 | 10-4 (forcible detention, if the victim is under 18 | ||||||
4 | years of age), provided the offense was sexually | ||||||
5 | motivated as defined in Section 10 of the Sex Offender | ||||||
6 | Management Board Act,
| ||||||
7 | 11-6.5 (indecent solicitation of an adult),
| ||||||
8 | 11-14.3 that involves soliciting for a prostitute, | ||||||
9 | or 11-15 (soliciting for a prostitute, if the victim is | ||||||
10 | under 18 years
of age),
| ||||||
11 | subdivision (a)(2)(A) or (a)(2)(B) of Section | ||||||
12 | 11-14.3, or Section 11-16 (pandering, if the victim is | ||||||
13 | under 18 years of age),
| ||||||
14 | 11-18 (patronizing a prostitute, if the victim is | ||||||
15 | under 18 years
of age),
| ||||||
16 | subdivision (a)(2)(C) of Section 11-14.3, or | ||||||
17 | Section 11-19 (pimping, if the victim is under 18 years | ||||||
18 | of age).
| ||||||
19 | If the offense was committed before July 1, 1999, it is | ||||||
20 | a sex offense requiring registration only when the person | ||||||
21 | is convicted of any felony after July 1, 2011, and | ||||||
22 | paragraph (2.1) of subsection (c) of Section 3 of this Act | ||||||
23 | applies.
| ||||||
24 | (1.11) A violation or attempted violation of any of the | ||||||
25 | following
Sections of the Criminal Code of 1961 when the | ||||||
26 | offense was committed on or
after August 22, 2002:
|
| |||||||
| |||||||
1 | 11-9 or 11-30 (public indecency for a third or | ||||||
2 | subsequent conviction). | ||||||
3 | If the third or subsequent conviction was imposed | ||||||
4 | before August 22, 2002, it is a sex offense requiring | ||||||
5 | registration only when the person is convicted of any | ||||||
6 | felony after July 1, 2011, and paragraph (2.1) of | ||||||
7 | subsection (c) of Section 3 of this Act applies.
| ||||||
8 | (1.12) A violation or attempted violation of Section
| ||||||
9 | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the | ||||||
10 | Criminal Code of 1961 (permitting sexual abuse) when the
| ||||||
11 | offense was committed on or after August 22, 2002. If the | ||||||
12 | offense was committed before August 22, 2002, it is a sex | ||||||
13 | offense requiring registration only when the person is | ||||||
14 | convicted of any felony after July 1, 2011, and paragraph | ||||||
15 | (2.1) of subsection (c) of Section 3 of this Act applies.
| ||||||
16 | (2) A violation of any former law of this State | ||||||
17 | substantially equivalent
to any offense listed in | ||||||
18 | subsection (B) of this Section.
| ||||||
19 | (C) A conviction for an offense of federal law, Uniform | ||||||
20 | Code of Military
Justice, or the law of another state
or a | ||||||
21 | foreign country that is substantially equivalent to any offense | ||||||
22 | listed
in subsections (B), (C), (E), and (E-5) of this Section | ||||||
23 | shall
constitute a
conviction for the purpose
of this Article. | ||||||
24 | A finding or adjudication as a sexually dangerous person
or a | ||||||
25 | sexually violent person under any federal law, Uniform Code of | ||||||
26 | Military
Justice, or the law of another state or
foreign |
| |||||||
| |||||||
1 | country that is substantially equivalent to the Sexually | ||||||
2 | Dangerous
Persons Act or the Sexually Violent Persons | ||||||
3 | Commitment Act shall constitute an
adjudication for the | ||||||
4 | purposes of this Article.
| ||||||
5 | (C-5) A person at least 17 years of age at the time of the | ||||||
6 | commission of
the offense who is convicted of first degree | ||||||
7 | murder under Section 9-1 of the
Criminal Code of 1961, against | ||||||
8 | a person
under 18 years of age, shall be required to register
| ||||||
9 | for natural life.
A conviction for an offense of federal, | ||||||
10 | Uniform Code of Military Justice,
sister state, or foreign | ||||||
11 | country law that is substantially equivalent to any
offense | ||||||
12 | listed in subsection (C-5) of this Section shall constitute a
| ||||||
13 | conviction for the purpose of this Article. This subsection | ||||||
14 | (C-5) applies to a person who committed the offense before June | ||||||
15 | 1, 1996 if: (i) the person is incarcerated in an Illinois | ||||||
16 | Department of Corrections facility on August 20, 2004 (the | ||||||
17 | effective date of Public Act 93-977), or (ii) subparagraph (i) | ||||||
18 | does not apply and the person is convicted of any felony after | ||||||
19 | July 1, 2011, and paragraph (2.1) of subsection (c) of Section | ||||||
20 | 3 of this Act applies.
| ||||||
21 | (C-6) A person who is convicted or adjudicated delinquent | ||||||
22 | of first degree murder as defined in Section 9-1 of the | ||||||
23 | Criminal Code of 1961, against a person 18 years of age or | ||||||
24 | over, shall be required to register for his or her natural | ||||||
25 | life. A conviction for an offense of federal, Uniform Code of | ||||||
26 | Military Justice, sister state, or foreign country law that is |
| |||||||
| |||||||
1 | substantially equivalent to any offense listed in subsection | ||||||
2 | (C-6) of this Section shall constitute a conviction for the | ||||||
3 | purpose of this Article. This subsection (C-6) does not apply | ||||||
4 | to those individuals released from incarceration more than 10 | ||||||
5 | years prior to January 1, 2012 ( the effective date of Public | ||||||
6 | Act 97-154) this amendatory Act of the 97th General Assembly . | ||||||
7 | (D) As used in this Article, "law enforcement agency having | ||||||
8 | jurisdiction"
means the Chief of Police in each of the | ||||||
9 | municipalities in which the sex offender
expects to reside, | ||||||
10 | work, or attend school (1) upon his or her discharge,
parole or | ||||||
11 | release or
(2) during the service of his or her sentence of | ||||||
12 | probation or conditional
discharge, or the Sheriff of the | ||||||
13 | county, in the event no Police Chief exists
or if the offender | ||||||
14 | intends to reside, work, or attend school in an
unincorporated | ||||||
15 | area.
"Law enforcement agency having jurisdiction" includes | ||||||
16 | the location where
out-of-state students attend school and | ||||||
17 | where out-of-state employees are
employed or are otherwise | ||||||
18 | required to register.
| ||||||
19 | (D-1) As used in this Article, "supervising officer" means | ||||||
20 | the assigned Illinois Department of Corrections parole agent or | ||||||
21 | county probation officer. | ||||||
22 | (E) As used in this Article, "sexual predator" means any | ||||||
23 | person who,
after July 1, 1999, is:
| ||||||
24 | (1) Convicted for an offense of federal, Uniform Code | ||||||
25 | of Military
Justice, sister state, or foreign country law | ||||||
26 | that is substantially equivalent
to any offense listed in |
| |||||||
| |||||||
1 | subsection (E) or (E-5) of this Section shall constitute a
| ||||||
2 | conviction for the purpose of this Article.
Convicted of a | ||||||
3 | violation or attempted violation of any of the following
| ||||||
4 | Sections of the
Criminal Code of 1961:
| ||||||
5 | 10-5.1 (luring of a minor),
| ||||||
6 | 11-14.4 that involves keeping a place of juvenile | ||||||
7 | prostitution, or 11-17.1 (keeping a place of juvenile | ||||||
8 | prostitution),
| ||||||
9 | subdivision (a)(2) or (a)(3) of Section 11-14.4, | ||||||
10 | or Section 11-19.1 (juvenile pimping),
| ||||||
11 | subdivision (a)(4) of Section 11-14.4, or Section | ||||||
12 | 11-19.2 (exploitation of a child),
| ||||||
13 | 11-20.1 (child pornography),
| ||||||
14 | 11-20.1B or 11-20.3 (aggravated child | ||||||
15 | pornography),
| ||||||
16 | 11-1.20 or 12-13 (criminal sexual assault),
| ||||||
17 | 11-1.30 or 12-14 (aggravated criminal sexual | ||||||
18 | assault),
| ||||||
19 | 11-1.40 or 12-14.1 (predatory criminal sexual | ||||||
20 | assault of a child),
| ||||||
21 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
22 | abuse),
| ||||||
23 | 12-33 (ritualized abuse of a child);
| ||||||
24 | (2) (blank);
| ||||||
25 | (3) certified as a sexually dangerous person pursuant | ||||||
26 | to the Sexually
Dangerous Persons Act or any substantially |
| |||||||
| |||||||
1 | similar federal, Uniform Code of
Military Justice, sister | ||||||
2 | state, or
foreign country law;
| ||||||
3 | (4) found to be a sexually violent person pursuant to | ||||||
4 | the Sexually Violent
Persons Commitment Act or any | ||||||
5 | substantially similar federal, Uniform Code of
Military | ||||||
6 | Justice, sister state, or
foreign country law;
| ||||||
7 | (5) convicted of a second or subsequent offense which | ||||||
8 | requires
registration pursuant to this Act. For purposes of | ||||||
9 | this paragraph
(5), "convicted" shall include a conviction | ||||||
10 | under any
substantially similar
Illinois, federal, Uniform | ||||||
11 | Code of Military Justice, sister state, or
foreign country | ||||||
12 | law;
| ||||||
13 | (6) (blank); or convicted of a second or subsequent | ||||||
14 | offense of luring a minor under Section 10-5.1 of the | ||||||
15 | Criminal Code of 1961; or | ||||||
16 | (7) if the person was convicted of an offense set forth | ||||||
17 | in this subsection (E) on or before July 1, 1999, the | ||||||
18 | person is a sexual predator for whom registration is | ||||||
19 | required only when the person is convicted of a felony | ||||||
20 | offense after July 1, 2011, and paragraph (2.1) of | ||||||
21 | subsection (c) of Section 3 of this Act applies. | ||||||
22 | (E-5) As used in this Article, "sexual predator" also means | ||||||
23 | a person convicted of a violation or attempted violation of any | ||||||
24 | of the following
Sections of the
Criminal Code of 1961: | ||||||
25 | (1) Section 9-1 (first degree murder,
when the victim | ||||||
26 | was a person under 18 years of age and the defendant was at |
| |||||||
| |||||||
1 | least
17 years of age at the time of the commission of the | ||||||
2 | offense, provided the offense was sexually motivated as | ||||||
3 | defined in Section 10 of the Sex Offender Management Board | ||||||
4 | Act); | ||||||
5 | (2) Section 11-9.5 (sexual misconduct with a person | ||||||
6 | with a disability); | ||||||
7 | (3) when the victim is a person under 18 years of age, | ||||||
8 | the
defendant is not a parent of the victim, the offense | ||||||
9 | was sexually motivated as defined in Section 10 of the Sex | ||||||
10 | Offender Management Board Act, and the offense was | ||||||
11 | committed on or
after January 1, 1996: (A) Section 10-1 | ||||||
12 | (kidnapping), (B) Section 10-2 (aggravated kidnapping), | ||||||
13 | (C) Section 10-3 (unlawful restraint), and (D) Section | ||||||
14 | 10-3.1 (aggravated unlawful restraint); and | ||||||
15 | (4) Section 10-5(b)(10) (child abduction committed by | ||||||
16 | luring or
attempting to lure a child under the age of 16 | ||||||
17 | into a motor vehicle, building,
house trailer, or dwelling | ||||||
18 | place without the consent of the parent or lawful
custodian | ||||||
19 | of the child for other than a lawful purpose and the | ||||||
20 | offense was
committed on or after January 1, 1998, provided | ||||||
21 | the offense was sexually motivated as defined in Section 10 | ||||||
22 | of the Sex Offender Management Board Act). | ||||||
23 | (E-10) As used in this Article, "sexual predator" also | ||||||
24 | means a person required to register in another State due to a | ||||||
25 | conviction, adjudication or other action of any court | ||||||
26 | triggering an obligation to register as a sex offender, sexual |
| |||||||
| |||||||
1 | predator, or substantially similar status under the laws of | ||||||
2 | that State. | ||||||
3 | (F) As used in this Article, "out-of-state student" means | ||||||
4 | any sex
offender, as defined in this Section,
or sexual | ||||||
5 | predator who is enrolled in Illinois, on a full-time or | ||||||
6 | part-time
basis, in any public or private educational | ||||||
7 | institution, including, but not
limited to, any secondary | ||||||
8 | school, trade or professional institution, or
institution of | ||||||
9 | higher learning.
| ||||||
10 | (G) As used in this Article, "out-of-state employee" means | ||||||
11 | any sex
offender, as defined in this Section,
or sexual | ||||||
12 | predator who works in Illinois, regardless of whether the | ||||||
13 | individual
receives payment for services performed, for a | ||||||
14 | period of time of 10 or more days
or for an aggregate period of | ||||||
15 | time of 30 or more days
during any calendar year.
Persons who | ||||||
16 | operate motor vehicles in the State accrue one day of | ||||||
17 | employment
time for any portion of a day spent in Illinois.
| ||||||
18 | (H) As used in this Article, "school" means any public or | ||||||
19 | private educational institution, including, but not limited | ||||||
20 | to, any elementary or secondary school, trade or professional | ||||||
21 | institution, or institution of higher education. | ||||||
22 | (I) As used in this Article, "fixed residence" means any | ||||||
23 | and all places that a sex offender resides for an aggregate | ||||||
24 | period of time of 5 or more days in a calendar year.
| ||||||
25 | (J) As used in this Article, "Internet protocol address" | ||||||
26 | means the string of numbers by which a location on the Internet |
| |||||||
| |||||||
1 | is identified by routers or other computers connected to the | ||||||
2 | Internet. | ||||||
3 | (Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11; | ||||||
4 | 96-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; | ||||||
5 | revised 9-27-11.)
|