Bill Text: IL HB5405 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Sex Offender Registration Act. Provides that "sex offense" for registration purposes of the Act includes involuntary sexual servitude of a minor on and after January 1, 2021.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2020-02-18 - Referred to Rules Committee [HB5405 Detail]

Download: Illinois-2019-HB5405-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5405

Introduced , by Rep. Amy Grant - Grant Wehrli - Avery Bourne - Patrick Windhorst

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

Amends the Sex Offender Registration Act. Provides that "sex offense" for registration purposes of the Act includes involuntary sexual servitude of a minor on and after January 1, 2021.
LRB101 15885 RLC 65242 b

A BILL FOR

HB5405LRB101 15885 RLC 65242 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 10. The Sex Offender Registration Act is amended by
5changing Section 2 as follows:
6 (730 ILCS 150/2) (from Ch. 38, par. 222)
7 Sec. 2. Definitions.
8 (A) As used in this Article, "sex offender" means any
9person who is:
10 (1) charged pursuant to Illinois law, or any
11 substantially similar federal, Uniform Code of Military
12 Justice, sister state, or foreign country law, with a sex
13 offense set forth in subsection (B) of this Section or the
14 attempt to commit an included sex offense, and:
15 (a) is convicted of such offense or an attempt to
16 commit such offense; or
17 (b) is found not guilty by reason of insanity of
18 such offense or an attempt to commit such offense; or
19 (c) is found not guilty by reason of insanity
20 pursuant to Section 104-25(c) of the Code of Criminal
21 Procedure of 1963 of such offense or an attempt to
22 commit such offense; or
23 (d) is the subject of a finding not resulting in an

HB5405- 2 -LRB101 15885 RLC 65242 b
1 acquittal at a hearing conducted pursuant to Section
2 104-25(a) of the Code of Criminal Procedure of 1963 for
3 the alleged commission or attempted commission of such
4 offense; or
5 (e) is found not guilty by reason of insanity
6 following a hearing conducted pursuant to a federal,
7 Uniform Code of Military Justice, sister state, or
8 foreign country law substantially similar to Section
9 104-25(c) of the Code of Criminal Procedure of 1963 of
10 such offense or of the attempted commission of such
11 offense; or
12 (f) is the subject of a finding not resulting in an
13 acquittal at a hearing conducted pursuant to a federal,
14 Uniform Code of Military Justice, sister state, or
15 foreign country law substantially similar to Section
16 104-25(a) of the Code of Criminal Procedure of 1963 for
17 the alleged violation or attempted commission of such
18 offense; or
19 (2) declared as a sexually dangerous person pursuant to
20 the Illinois Sexually Dangerous Persons Act, or any
21 substantially similar federal, Uniform Code of Military
22 Justice, sister state, or foreign country law; or
23 (3) subject to the provisions of Section 2 of the
24 Interstate Agreements on Sexually Dangerous Persons Act;
25 or
26 (4) found to be a sexually violent person pursuant to

HB5405- 3 -LRB101 15885 RLC 65242 b
1 the Sexually Violent Persons Commitment Act or any
2 substantially similar federal, Uniform Code of Military
3 Justice, sister state, or foreign country law; or
4 (5) adjudicated a juvenile delinquent as the result of
5 committing or attempting to commit an act which, if
6 committed by an adult, would constitute any of the offenses
7 specified in item (B), (C), or (C-5) of this Section or a
8 violation of any substantially similar federal, Uniform
9 Code of Military Justice, sister state, or foreign country
10 law, or found guilty under Article V of the Juvenile Court
11 Act of 1987 of committing or attempting to commit an act
12 which, if committed by an adult, would constitute any of
13 the offenses specified in item (B), (C), or (C-5) of this
14 Section or a violation of any substantially similar
15 federal, Uniform Code of Military Justice, sister state, or
16 foreign country law.
17 Convictions that result from or are connected with the same
18act, or result from offenses committed at the same time, shall
19be counted for the purpose of this Article as one conviction.
20Any conviction set aside pursuant to law is not a conviction
21for purposes of this Article.
22 For purposes of this Section, "convicted" shall have the
23same meaning as "adjudicated".
24 (B) As used in this Article, "sex offense" means:
25 (1) A violation of any of the following Sections of the
26 Criminal Code of 1961 or the Criminal Code of 2012:

HB5405- 4 -LRB101 15885 RLC 65242 b
1 11-20.1 (child pornography),
2 11-20.1B or 11-20.3 (aggravated child
3 pornography),
4 11-6 (indecent solicitation of a child),
5 11-9.1 (sexual exploitation of a child),
6 11-9.2 (custodial sexual misconduct),
7 11-9.5 (sexual misconduct with a person with a
8 disability),
9 11-14.4 (promoting juvenile prostitution),
10 11-15.1 (soliciting for a juvenile prostitute),
11 11-18.1 (patronizing a juvenile prostitute),
12 11-17.1 (keeping a place of juvenile
13 prostitution),
14 11-19.1 (juvenile pimping),
15 11-19.2 (exploitation of a child),
16 11-25 (grooming),
17 11-26 (traveling to meet a minor or traveling to
18 meet a child),
19 11-1.20 or 12-13 (criminal sexual assault),
20 11-1.30 or 12-14 (aggravated criminal sexual
21 assault),
22 11-1.40 or 12-14.1 (predatory criminal sexual
23 assault of a child),
24 11-1.50 or 12-15 (criminal sexual abuse),
25 11-1.60 or 12-16 (aggravated criminal sexual
26 abuse),

HB5405- 5 -LRB101 15885 RLC 65242 b
1 12-33 (ritualized abuse of a child).
2 An attempt to commit any of these offenses.
3 (1.5) A violation of any of the following Sections of
4 the Criminal Code of 1961 or the Criminal Code of 2012,
5 when the victim is a person under 18 years of age, the
6 defendant is not a parent of the victim, the offense was
7 sexually motivated as defined in Section 10 of the Sex
8 Offender Evaluation and Treatment Act, and the offense was
9 committed on or after January 1, 1996:
10 10-1 (kidnapping),
11 10-2 (aggravated kidnapping),
12 10-3 (unlawful restraint),
13 10-3.1 (aggravated unlawful restraint).
14 If the offense was committed before January 1, 1996, it
15 is a sex offense requiring registration only when the
16 person is convicted of any felony after July 1, 2011, and
17 paragraph (2.1) of subsection (c) of Section 3 of this Act
18 applies.
19 (1.6) First degree murder under Section 9-1 of the
20 Criminal Code of 1961 or the Criminal Code of 2012,
21 provided the offense was sexually motivated as defined in
22 Section 10 of the Sex Offender Management Board Act.
23 (1.7) (Blank).
24 (1.8) A violation or attempted violation of Section
25 11-11 (sexual relations within families) of the Criminal
26 Code of 1961 or the Criminal Code of 2012, and the offense

HB5405- 6 -LRB101 15885 RLC 65242 b
1 was committed on or after June 1, 1997. If the offense was
2 committed before June 1, 1997, it is a sex offense
3 requiring registration only when the person is convicted of
4 any felony after July 1, 2011, and paragraph (2.1) of
5 subsection (c) of Section 3 of this Act applies.
6 (1.9) Child abduction under paragraph (10) of
7 subsection (b) of Section 10-5 of the Criminal Code of 1961
8 or the Criminal Code of 2012 committed by luring or
9 attempting to lure a child under the age of 16 into a motor
10 vehicle, building, house trailer, or dwelling place
11 without the consent of the parent or lawful custodian of
12 the child for other than a lawful purpose and the offense
13 was committed on or after January 1, 1998, provided the
14 offense was sexually motivated as defined in Section 10 of
15 the Sex Offender Management Board Act. If the offense was
16 committed before January 1, 1998, it is a sex offense
17 requiring registration only when the person is convicted of
18 any felony after July 1, 2011, and paragraph (2.1) of
19 subsection (c) of Section 3 of this Act applies.
20 (1.10) A violation or attempted violation of any of the
21 following Sections of the Criminal Code of 1961 or the
22 Criminal Code of 2012 when the offense was committed on or
23 after July 1, 1999:
24 10-4 (forcible detention, if the victim is under 18
25 years of age), provided the offense was sexually
26 motivated as defined in Section 10 of the Sex Offender

HB5405- 7 -LRB101 15885 RLC 65242 b
1 Management Board Act,
2 11-6.5 (indecent solicitation of an adult),
3 11-14.3 that involves soliciting for a prostitute,
4 or 11-15 (soliciting for a prostitute, if the victim is
5 under 18 years of age),
6 subdivision (a)(2)(A) or (a)(2)(B) of Section
7 11-14.3, or Section 11-16 (pandering, if the victim is
8 under 18 years of age),
9 11-18 (patronizing a prostitute, if the victim is
10 under 18 years of age),
11 subdivision (a)(2)(C) of Section 11-14.3, or
12 Section 11-19 (pimping, if the victim is under 18 years
13 of age).
14 If the offense was committed before July 1, 1999, it is
15 a sex offense requiring registration only when the person
16 is convicted of any felony after July 1, 2011, and
17 paragraph (2.1) of subsection (c) of Section 3 of this Act
18 applies.
19 (1.11) A violation or attempted violation of any of the
20 following Sections of the Criminal Code of 1961 or the
21 Criminal Code of 2012 when the offense was committed on or
22 after August 22, 2002:
23 11-9 or 11-30 (public indecency for a third or
24 subsequent conviction).
25 If the third or subsequent conviction was imposed
26 before August 22, 2002, it is a sex offense requiring

HB5405- 8 -LRB101 15885 RLC 65242 b
1 registration only when the person is convicted of any
2 felony after July 1, 2011, and paragraph (2.1) of
3 subsection (c) of Section 3 of this Act applies.
4 (1.12) A violation or attempted violation of Section
5 5.1 of the Wrongs to Children Act or Section 11-9.1A of the
6 Criminal Code of 1961 or the Criminal Code of 2012
7 (permitting sexual abuse) when the offense was committed on
8 or after August 22, 2002. If the offense was committed
9 before August 22, 2002, it is a sex offense requiring
10 registration only when the person is convicted of any
11 felony after July 1, 2011, and paragraph (2.1) of
12 subsection (c) of Section 3 of this Act applies.
13 (1.13) A violation or attempted violation of
14 subsection (c) of Section 10-9 of the Criminal Code of 2012
15 (involuntary sexual servitude of a minor) when the offense
16 was committed on or after January 1, 2021. If the offense
17 was committed before January 1, 2021, it is a sex offense
18 requiring registration only when the person is convicted of
19 any felony after January 1, 2021, and paragraph (2.1) of
20 subsection (c) of Section 3 of this Act applies.
21 (2) A violation of any former law of this State
22 substantially equivalent to any offense listed in
23 subsection (B) of this Section.
24 (C) A conviction for an offense of federal law, Uniform
25Code of Military Justice, or the law of another state or a
26foreign country that is substantially equivalent to any offense

HB5405- 9 -LRB101 15885 RLC 65242 b
1listed in subsections (B), (C), (E), and (E-5) of this Section
2shall constitute a conviction for the purpose of this Article.
3A finding or adjudication as a sexually dangerous person or a
4sexually violent person under any federal law, Uniform Code of
5Military Justice, or the law of another state or foreign
6country that is substantially equivalent to the Sexually
7Dangerous Persons Act or the Sexually Violent Persons
8Commitment Act shall constitute an adjudication for the
9purposes of this Article.
10 (C-5) A person at least 17 years of age at the time of the
11commission of the offense who is convicted of first degree
12murder under Section 9-1 of the Criminal Code of 1961 or the
13Criminal Code of 2012, against a person under 18 years of age,
14shall be required to register for natural life. A conviction
15for an offense of federal, Uniform Code of Military Justice,
16sister state, or foreign country law that is substantially
17equivalent to any offense listed in subsection (C-5) of this
18Section shall constitute a conviction for the purpose of this
19Article. This subsection (C-5) applies to a person who
20committed the offense before June 1, 1996 if: (i) the person is
21incarcerated in an Illinois Department of Corrections facility
22on August 20, 2004 (the effective date of Public Act 93-977),
23or (ii) subparagraph (i) does not apply and the person is
24convicted of any felony after July 1, 2011, and paragraph (2.1)
25of subsection (c) of Section 3 of this Act applies.
26 (C-6) A person who is convicted or adjudicated delinquent

HB5405- 10 -LRB101 15885 RLC 65242 b
1of first degree murder as defined in Section 9-1 of the
2Criminal Code of 1961 or the Criminal Code of 2012, against a
3person 18 years of age or over, shall be required to register
4for his or her natural life. A conviction for an offense of
5federal, Uniform Code of Military Justice, sister state, or
6foreign country law that is substantially equivalent to any
7offense listed in subsection (C-6) of this Section shall
8constitute a conviction for the purpose of this Article. This
9subsection (C-6) does not apply to those individuals released
10from incarceration more than 10 years prior to January 1, 2012
11(the effective date of Public Act 97-154).
12 (D) As used in this Article, "law enforcement agency having
13jurisdiction" means the Chief of Police in each of the
14municipalities in which the sex offender expects to reside,
15work, or attend school (1) upon his or her discharge, parole or
16release or (2) during the service of his or her sentence of
17probation or conditional discharge, or the Sheriff of the
18county, in the event no Police Chief exists or if the offender
19intends to reside, work, or attend school in an unincorporated
20area. "Law enforcement agency having jurisdiction" includes
21the location where out-of-state students attend school and
22where out-of-state employees are employed or are otherwise
23required to register.
24 (D-1) As used in this Article, "supervising officer" means
25the assigned Illinois Department of Corrections parole agent or
26county probation officer.

HB5405- 11 -LRB101 15885 RLC 65242 b
1 (E) As used in this Article, "sexual predator" means any
2person who, after July 1, 1999, is:
3 (1) Convicted for an offense of federal, Uniform Code
4 of Military Justice, sister state, or foreign country law
5 that is substantially equivalent to any offense listed in
6 subsection (E) or (E-5) of this Section shall constitute a
7 conviction for the purpose of this Article. Convicted of a
8 violation or attempted violation of any of the following
9 Sections of the Criminal Code of 1961 or the Criminal Code
10 of 2012:
11 10-5.1 (luring of a minor),
12 11-14.4 that involves keeping a place of juvenile
13 prostitution, or 11-17.1 (keeping a place of juvenile
14 prostitution),
15 subdivision (a)(2) or (a)(3) of Section 11-14.4,
16 or Section 11-19.1 (juvenile pimping),
17 subdivision (a)(4) of Section 11-14.4, or Section
18 11-19.2 (exploitation of a child),
19 11-20.1 (child pornography),
20 11-20.1B or 11-20.3 (aggravated child
21 pornography),
22 11-1.20 or 12-13 (criminal sexual assault),
23 11-1.30 or 12-14 (aggravated criminal sexual
24 assault),
25 11-1.40 or 12-14.1 (predatory criminal sexual
26 assault of a child),

HB5405- 12 -LRB101 15885 RLC 65242 b
1 11-1.60 or 12-16 (aggravated criminal sexual
2 abuse),
3 12-33 (ritualized abuse of a child);
4 (2) (blank);
5 (3) declared as a sexually dangerous person pursuant to
6 the Sexually Dangerous Persons Act or any substantially
7 similar federal, Uniform Code of Military Justice, sister
8 state, or foreign country law;
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;
13 (5) convicted of a second or subsequent offense which
14 requires registration pursuant to this Act. For purposes of
15 this paragraph (5), "convicted" shall include a conviction
16 under any substantially similar Illinois, federal, Uniform
17 Code of Military Justice, sister state, or foreign country
18 law;
19 (6) (blank); or
20 (7) if the person was convicted of an offense set forth
21 in this subsection (E) on or before July 1, 1999, the
22 person is a sexual predator for whom registration is
23 required only when the person is convicted of a felony
24 offense after July 1, 2011, and paragraph (2.1) of
25 subsection (c) of Section 3 of this Act applies.
26 (E-5) As used in this Article, "sexual predator" also means

HB5405- 13 -LRB101 15885 RLC 65242 b
1a person convicted of a violation or attempted violation of any
2of the following Sections of the Criminal Code of 1961 or the
3Criminal Code of 2012:
4 (1) Section 9-1 (first degree murder, when the victim
5 was a person under 18 years of age and the defendant was at
6 least 17 years of age at the time of the commission of the
7 offense, provided the offense was sexually motivated as
8 defined in Section 10 of the Sex Offender Management Board
9 Act);
10 (2) Section 11-9.5 (sexual misconduct with a person
11 with a disability);
12 (3) when the victim is a person under 18 years of age,
13 the defendant is not a parent of the victim, the offense
14 was sexually motivated as defined in Section 10 of the Sex
15 Offender Management Board Act, and the offense was
16 committed on or after January 1, 1996: (A) Section 10-1
17 (kidnapping), (B) Section 10-2 (aggravated kidnapping),
18 (C) Section 10-3 (unlawful restraint), and (D) Section
19 10-3.1 (aggravated unlawful restraint); and
20 (4) Section 10-5(b)(10) (child abduction committed by
21 luring or attempting to lure a child under the age of 16
22 into a motor vehicle, building, house trailer, or dwelling
23 place without the consent of the parent or lawful custodian
24 of the child for other than a lawful purpose and the
25 offense was committed on or after January 1, 1998, provided
26 the offense was sexually motivated as defined in Section 10

HB5405- 14 -LRB101 15885 RLC 65242 b
1 of the Sex Offender Management Board Act).
2 (E-10) As used in this Article, "sexual predator" also
3means a person required to register in another State due to a
4conviction, adjudication or other action of any court
5triggering an obligation to register as a sex offender, sexual
6predator, or substantially similar status under the laws of
7that State.
8 (F) As used in this Article, "out-of-state student" means
9any sex offender, as defined in this Section, or sexual
10predator who is enrolled in Illinois, on a full-time or
11part-time basis, in any public or private educational
12institution, including, but not limited to, any secondary
13school, trade or professional institution, or institution of
14higher learning.
15 (G) As used in this Article, "out-of-state employee" means
16any sex offender, as defined in this Section, or sexual
17predator who works in Illinois, regardless of whether the
18individual receives payment for services performed, for a
19period of time of 10 or more days or for an aggregate period of
20time of 30 or more days during any calendar year. Persons who
21operate motor vehicles in the State accrue one day of
22employment time for any portion of a day spent in Illinois.
23 (H) As used in this Article, "school" means any public or
24private educational institution, including, but not limited
25to, any elementary or secondary school, trade or professional
26institution, or institution of higher education.

HB5405- 15 -LRB101 15885 RLC 65242 b
1 (I) As used in this Article, "fixed residence" means any
2and all places that a sex offender resides for an aggregate
3period of time of 5 or more days in a calendar year.
4 (J) As used in this Article, "Internet protocol address"
5means the string of numbers by which a location on the Internet
6is identified by routers or other computers connected to the
7Internet.
8(Source: P.A. 100-428, eff. 1-1-18.)
feedback