Bill Text: IL HB5280 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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Rep. William Cunningham

Filed: 3/7/2012

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AMENDMENT TO HOUSE BILL 5280
AMENDMENT NO. ______. Amend House Bill 5280 by replacing
everything after the enacting clause with the following:
"Section 5. The Unified Code of Corrections is amended by
changing Sections 5-4.5-25 and 5-4.5-95 as follows:
(730 ILCS 5/5-4.5-25)
Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X
felony:
(a) TERM. The sentence of imprisonment shall be a
determinate sentence of not less than 6 years and not more than
30 years. The sentence of imprisonment for an extended term
Class X felony, as provided in Section 5-8-2 (730 ILCS
5/5-8-2), shall be not less than 30 years and not more than 60
years.
(b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
shall not be imposed.

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(c) IMPACT INCARCERATION. The impact incarceration program
or the county impact incarceration program is not an authorized
disposition.
(d) PROBATION; CONDITIONAL DISCHARGE. A period of
probation or conditional discharge shall not be imposed.
(e) FINE. Fines may be imposed as provided in Section
5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
concerning restitution.
(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
be concurrent or consecutive as provided in Section 5-8-4 (730
ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
(h) DRUG COURT. See Section 20 of the Drug Court Treatment
Act (730 ILCS 166/20) concerning eligibility for a drug court
program.
(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
ILCS 5/5-4.5-100) concerning no credit for time spent in home
detention prior to judgment.
(j) EARLY RELEASE; GOOD CONDUCT. See Section 3-6-3 (730
ILCS 5/3-6-3) for rules and regulations for early release based
on good conduct.
(k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS
5/5-8A-3) concerning eligibility for electronic home
detention.
(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
provided in Section 3-3-8 or 5-8-1 or subsection (b) of Section

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5-4.5-95 (730 ILCS 5/3-3-8 or 5/5-8-1 or 5/5-4.5-95(b)), the
parole or mandatory supervised release term shall be 3 years
upon release from imprisonment.
(Source: P.A. 95-1052, eff. 7-1-09.)
(730 ILCS 5/5-4.5-95)
Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
(a) HABITUAL CRIMINALS.
(1) Every person who has been twice convicted in any
state or federal court of an offense that contains the same
elements as an offense now (the date of the offense
committed after the 2 prior convictions) classified in
Illinois as a Class X felony, criminal sexual assault,
aggravated kidnapping, or first degree murder, and who is
thereafter convicted of a Class X felony, criminal sexual
assault, or first degree murder, committed after the 2
prior convictions, shall be adjudged an habitual criminal.
(2) The 2 prior convictions need not have been for the
same offense.
(3) Any convictions that result from or are connected
with the same transaction, or result from offenses
committed at the same time, shall be counted for the
purposes of this Section as one conviction.
(4) This Section does not apply unless each of the
following requirements are satisfied:
(A) The third offense was committed after July 3,

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1980.
(B) The third offense was committed within 20 years
of the date that judgment was entered on the first
conviction; provided, however, that time spent in
custody shall not be counted.
(C) The third offense was committed after
conviction on the second offense.
(D) The second offense was committed after
conviction on the first offense.
(5) Except when the death penalty is imposed, anyone
adjudged an habitual criminal shall be sentenced to a term
of natural life imprisonment.
(6) A prior conviction shall not be alleged in the
indictment, and no evidence or other disclosure of that
conviction shall be presented to the court or the jury
during the trial of an offense set forth in this Section
unless otherwise permitted by the issues properly raised in
that trial. After a plea or verdict or finding of guilty
and before sentence is imposed, the prosecutor may file
with the court a verified written statement signed by the
State's Attorney concerning any former conviction of an
offense set forth in this Section rendered against the
defendant. The court shall then cause the defendant to be
brought before it; shall inform the defendant of the
allegations of the statement so filed, and of his or her
right to a hearing before the court on the issue of that

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former conviction and of his or her right to counsel at
that hearing; and unless the defendant admits such
conviction, shall hear and determine the issue, and shall
make a written finding thereon. If a sentence has
previously been imposed, the court may vacate that sentence
and impose a new sentence in accordance with this Section.
(7) A duly authenticated copy of the record of any
alleged former conviction of an offense set forth in this
Section shall be prima facie evidence of that former
conviction; and a duly authenticated copy of the record of
the defendant's final release or discharge from probation
granted, or from sentence and parole supervision (if any)
imposed pursuant to that former conviction, shall be prima
facie evidence of that release or discharge.
(8) Any claim that a previous conviction offered by the
prosecution is not a former conviction of an offense set
forth in this Section because of the existence of any
exceptions described in this Section, is waived unless duly
raised at the hearing on that conviction, or unless the
prosecution's proof shows the existence of the exceptions
described in this Section.
(9) If the person so convicted shows to the
satisfaction of the court before whom that conviction was
had that he or she was released from imprisonment, upon
either of the sentences upon a pardon granted for the
reason that he or she was innocent, that conviction and

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sentence shall not be considered under this Section.
(b) When a defendant, over the age of 21 years, is
convicted of a Class 1 or Class 2 felony, after having twice
been convicted in any state or federal court of an offense that
contains the same elements as an offense now (the date the
Class 1 or Class 2 felony was committed) classified in Illinois
as a Class 2 or greater Class felony and those charges are
separately brought and tried and arise out of different series
of acts, that defendant shall be sentenced as a Class X
offender. This subsection does not apply unless:
(1) the first felony was committed after February 1,
1978 (the effective date of Public Act 80-1099);
(2) the second felony was committed after conviction on
the first; and
(3) the third felony was committed after conviction on
the second.
A person sentenced as a Class X offender under this
subsection (b) is not eligible to apply for treatment as a
condition of probation as provided by Section 40-10 of the
Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS
301/40-10).
If one or more of the victims of any of the crimes that
caused a person to be sentenced as a Class X offender under
this subsection (b) were under 18 years of age at the time of
the crime, the offender shall (i) be subject to a mandatory
supervised release term of 7 years upon release from

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imprisonment and (ii) in addition to the conditions of
mandatory supervised release set forth in Section 3-3-7, be
electronically monitored for a minimum of 24 months from the
date of release as determined by the Prisoner Review Board.
(Source: P.A. 95-1052, eff. 7-1-09.)
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

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(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

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(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

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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),

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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,

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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,

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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

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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

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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

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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),

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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

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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

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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

09700HB5280ham001 - 20 - LRB097 16558 RLC 67239 a
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.)".