Bill Text: IL SB1551 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Criminal Code of 2012. Provides that "child" means a person under 17 years of age unless an accused is a family member or in a position of trust, authority, or supervision to the victim, then "child" is a person under 18 years of age. Provides that aggravated stalking against a child is a Class 2 felony. Provides that under certain conditions, stalking, and aggravated stalking are included as sex offenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-06-15 - Chief Sponsor Changed to Sen. Don Harmon [SB1551 Detail]
Download: Illinois-2021-SB1551-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 Criminal Code of 2012 is amended by | ||||||||||||||||||||||||||||||
5 | changing Sections 11-9.3, 12-7.3, and 12-7.4 as follows:
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6 | (720 ILCS 5/11-9.3)
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7 | Sec. 11-9.3. Presence within school zone by child sex
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8 | offenders prohibited; approaching, contacting, residing with, | ||||||||||||||||||||||||||||||
9 | or communicating with a child within certain places by child | ||||||||||||||||||||||||||||||
10 | sex offenders prohibited.
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11 | (a) It is unlawful for a child sex offender to knowingly be | ||||||||||||||||||||||||||||||
12 | present in any
school building, on real property comprising | ||||||||||||||||||||||||||||||
13 | any school, or in any conveyance
owned, leased, or contracted | ||||||||||||||||||||||||||||||
14 | by a school to transport students to or from
school or a school | ||||||||||||||||||||||||||||||
15 | related activity when persons under the age of 18 are
present | ||||||||||||||||||||||||||||||
16 | in the building, on the grounds or in
the conveyance, unless | ||||||||||||||||||||||||||||||
17 | the offender is a parent or guardian of a student attending the | ||||||||||||||||||||||||||||||
18 | school and the parent or guardian is: (i) attending a | ||||||||||||||||||||||||||||||
19 | conference at the school with school personnel to discuss the | ||||||||||||||||||||||||||||||
20 | progress of his or her child academically or socially, (ii) | ||||||||||||||||||||||||||||||
21 | participating in child review conferences in which evaluation | ||||||||||||||||||||||||||||||
22 | and placement decisions may be made with respect to his or her | ||||||||||||||||||||||||||||||
23 | child regarding special education services, or (iii) attending |
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1 | conferences to discuss other student issues concerning his or | ||||||
2 | her child such as retention and promotion and notifies the | ||||||
3 | principal of the school of his or her presence at the school or | ||||||
4 | unless the
offender has permission to be present from the
| ||||||
5 | superintendent or the school board or in the case of a private | ||||||
6 | school from the
principal. In the case of a public school, if | ||||||
7 | permission is granted, the
superintendent or school board | ||||||
8 | president must inform the principal of the
school where the | ||||||
9 | sex offender will be present. Notification includes the
nature | ||||||
10 | of the sex offender's visit and the hours in which the sex | ||||||
11 | offender will
be present in the school. The sex offender is | ||||||
12 | responsible for notifying the
principal's office when he or | ||||||
13 | she arrives on school property and when he or she
departs from | ||||||
14 | school property. If the sex offender is to be present in the
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15 | vicinity of children, the sex offender has the duty to remain | ||||||
16 | under the direct
supervision of a school official.
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17 | (a-5) It is unlawful for a child sex offender to knowingly | ||||||
18 | be present within 100 feet of a site posted as a pick-up or | ||||||
19 | discharge stop for a conveyance owned, leased, or contracted | ||||||
20 | by a school to transport students to or from school or a school | ||||||
21 | related activity when one or more persons under the age of 18 | ||||||
22 | are present at the site.
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23 | (a-10) It is unlawful for a child sex offender to | ||||||
24 | knowingly be present in any
public park building, a playground | ||||||
25 | or recreation area within any publicly accessible privately | ||||||
26 | owned building, or on real property comprising any public park
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1 | when persons under the age of
18 are
present in the building or | ||||||
2 | on the grounds
and to approach, contact, or communicate with a | ||||||
3 | child under 18 years of
age,
unless the
offender
is a parent or | ||||||
4 | guardian of a person under 18 years of age present in the
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5 | building or on the
grounds. | ||||||
6 | (b) It is unlawful for a child sex offender to knowingly | ||||||
7 | loiter within 500 feet of a school building or real property | ||||||
8 | comprising any school
while persons under the age of 18 are | ||||||
9 | present in the building or on the
grounds,
unless the offender | ||||||
10 | is a parent or guardian of a student attending the school and | ||||||
11 | the parent or guardian is: (i) attending a conference at the | ||||||
12 | school with school personnel to discuss the progress of his or | ||||||
13 | her child academically or socially, (ii) participating in | ||||||
14 | child review conferences in which evaluation and placement | ||||||
15 | decisions may be made with respect to his or her child | ||||||
16 | regarding special education services, or (iii) attending | ||||||
17 | conferences to discuss other student issues concerning his or | ||||||
18 | her child such as retention and promotion and notifies the | ||||||
19 | principal of the school of his or her presence at the school or | ||||||
20 | has permission to be present from the
superintendent or the | ||||||
21 | school board or in the case of a private school from the
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22 | principal. In the case of a public school, if permission is | ||||||
23 | granted, the
superintendent or school board president must | ||||||
24 | inform the principal of the
school where the sex offender will | ||||||
25 | be present. Notification includes the
nature of the sex | ||||||
26 | offender's visit and the hours in which the sex offender will
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1 | be present in the school. The sex offender is responsible for | ||||||
2 | notifying the
principal's office when he or she arrives on | ||||||
3 | school property and when he or she
departs from school | ||||||
4 | property. If the sex offender is to be present in the
vicinity | ||||||
5 | of children, the sex offender has the duty to remain under the | ||||||
6 | direct
supervision of a school official.
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7 | (b-2) It is unlawful for a child sex offender to knowingly | ||||||
8 | loiter on a public
way within 500 feet of a public park | ||||||
9 | building or real property comprising any
public park while | ||||||
10 | persons under the age of 18 are present in the building or on | ||||||
11 | the
grounds
and to approach, contact, or communicate with a | ||||||
12 | child under 18 years of
age,
unless the offender
is a parent or | ||||||
13 | guardian of a person under 18 years of age present in the
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14 | building or on the grounds. | ||||||
15 | (b-5) It is unlawful for a child sex offender to knowingly | ||||||
16 | reside within
500 feet of a school building or the real | ||||||
17 | property comprising any school that
persons under the age of | ||||||
18 | 18 attend. Nothing in this subsection (b-5) prohibits
a child | ||||||
19 | sex offender from residing within 500 feet of a school | ||||||
20 | building or the
real property comprising any school that | ||||||
21 | persons under 18 attend if the
property is owned by the child | ||||||
22 | sex offender and was purchased before July 7, 2000 (the
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23 | effective date of Public Act 91-911).
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24 | (b-10) It is unlawful for a child sex offender to | ||||||
25 | knowingly reside within
500 feet of a playground, child care | ||||||
26 | institution, day care center, part day child care facility, |
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1 | day care home, group day care home, or a facility providing | ||||||
2 | programs or services
exclusively directed toward persons under | ||||||
3 | 18 years of age. Nothing in this
subsection (b-10) prohibits a | ||||||
4 | child sex offender from residing within 500 feet
of a | ||||||
5 | playground or a facility providing programs or services | ||||||
6 | exclusively
directed toward persons under 18 years of age if | ||||||
7 | the property is owned by the
child sex offender and was | ||||||
8 | purchased before July 7, 2000. Nothing in this
subsection | ||||||
9 | (b-10) prohibits a child sex offender from residing within 500 | ||||||
10 | feet
of a child care institution, day care center, or part day | ||||||
11 | child care facility if the property is owned by the
child sex | ||||||
12 | offender and was purchased before June 26, 2006. Nothing in | ||||||
13 | this subsection (b-10) prohibits a child sex offender from | ||||||
14 | residing within 500 feet of a day care home or group day care | ||||||
15 | home if the property is owned by the child sex offender and was | ||||||
16 | purchased before August 14, 2008 (the effective date of Public | ||||||
17 | Act 95-821). | ||||||
18 | (b-15) It is unlawful for a child sex offender to | ||||||
19 | knowingly reside within
500 feet of the victim of the sex | ||||||
20 | offense. Nothing in this
subsection (b-15) prohibits a child | ||||||
21 | sex offender from residing within 500 feet
of the victim if the | ||||||
22 | property in which the child sex offender resides is owned by | ||||||
23 | the
child sex offender and was purchased before August 22, | ||||||
24 | 2002. | ||||||
25 | This subsection (b-15) does not apply if the victim of the | ||||||
26 | sex offense
is 21 years of age or older. |
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1 | (b-20) It is unlawful for a child sex offender to | ||||||
2 | knowingly communicate, other than for a lawful purpose under | ||||||
3 | Illinois law, using the Internet or any other digital media, | ||||||
4 | with a person under 18 years of age or with a person whom he or | ||||||
5 | she believes to be a person under 18 years of age,
unless the | ||||||
6 | offender
is a parent or guardian of the person under 18 years | ||||||
7 | of age. | ||||||
8 | (c) It is unlawful for a child sex offender to knowingly | ||||||
9 | operate, manage,
be employed by, volunteer at, be associated | ||||||
10 | with, or knowingly be present at
any: (i) facility providing
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11 | programs or services exclusively directed toward persons under | ||||||
12 | the age of 18; (ii) day care center; (iii) part day child care | ||||||
13 | facility; (iv) child care institution; (v) school providing | ||||||
14 | before and after school programs for children under 18 years | ||||||
15 | of age; (vi) day care home; or (vii) group day care home.
This | ||||||
16 | does not prohibit a child sex offender from owning the real | ||||||
17 | property upon
which the programs or services are offered or | ||||||
18 | upon which the day care center, part day child care facility, | ||||||
19 | child care institution, or school providing before and after | ||||||
20 | school programs for children under 18 years of age is located, | ||||||
21 | provided the child sex offender
refrains from being present on | ||||||
22 | the premises for the hours during which: (1) the
programs or | ||||||
23 | services are being offered or (2) the day care center, part day | ||||||
24 | child care facility, child care institution, or school | ||||||
25 | providing before and after school programs for children under | ||||||
26 | 18 years of age, day care home, or group day care home is |
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1 | operated. | ||||||
2 | (c-2) It is unlawful for a child sex offender to | ||||||
3 | participate in a holiday event involving children under 18 | ||||||
4 | years of age, including but not limited to distributing candy | ||||||
5 | or other items to children on Halloween, wearing a Santa Claus | ||||||
6 | costume on or preceding Christmas, being employed as a | ||||||
7 | department store Santa Claus, or wearing an Easter Bunny | ||||||
8 | costume on or preceding Easter. For the purposes of this | ||||||
9 | subsection, child sex offender has the meaning as defined in | ||||||
10 | this Section, but does not include as a sex offense under | ||||||
11 | paragraph (2) of subsection (d) of this Section, the offense | ||||||
12 | under subsection (c) of Section 11-1.50 of this Code. This | ||||||
13 | subsection does not apply to a child sex offender who is a | ||||||
14 | parent or guardian of children under 18 years of age that are | ||||||
15 | present in the home and other non-familial minors are not | ||||||
16 | present. | ||||||
17 | (c-5) It is unlawful for a child sex offender to knowingly | ||||||
18 | operate, manage, be employed by, or be associated with any | ||||||
19 | county fair when persons under the age of 18 are present. | ||||||
20 | (c-6) It is unlawful for a child sex offender who owns and | ||||||
21 | resides at residential real estate to knowingly rent any | ||||||
22 | residential unit within the same building in which he or she | ||||||
23 | resides to a person who is the parent or guardian of a child or | ||||||
24 | children under 18 years of age. This subsection shall apply | ||||||
25 | only to leases or other rental arrangements entered into after | ||||||
26 | January 1, 2009 (the effective date of Public Act 95-820). |
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1 | (c-7) It is unlawful for a child sex offender to knowingly | ||||||
2 | offer or provide any programs or services to persons under 18 | ||||||
3 | years of age in his or her residence or the residence of | ||||||
4 | another or in any facility for the purpose of offering or | ||||||
5 | providing such programs or services, whether such programs or | ||||||
6 | services are offered or provided by contract, agreement, | ||||||
7 | arrangement, or on a volunteer basis. | ||||||
8 | (c-8) It is unlawful for a child sex offender to knowingly | ||||||
9 | operate, whether authorized to do so or not, any of the | ||||||
10 | following vehicles: (1) a vehicle which is specifically | ||||||
11 | designed, constructed or modified and equipped to be used for | ||||||
12 | the retail sale of food or beverages, including but not | ||||||
13 | limited to an ice cream truck; (2) an authorized emergency | ||||||
14 | vehicle; or (3) a rescue vehicle. | ||||||
15 | (d) Definitions. In this Section:
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16 | (1) "Child sex offender" means any person who:
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17 | (i) has been charged under Illinois law, or any | ||||||
18 | substantially similar
federal law
or law of another | ||||||
19 | state, with a sex offense set forth in
paragraph (2) of | ||||||
20 | this subsection (d) or the attempt to commit an | ||||||
21 | included sex
offense, and the victim is a person under | ||||||
22 | 18 years of age at the time of the offense; and:
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23 | (A) is convicted of such offense or an attempt | ||||||
24 | to commit such offense;
or
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25 | (B) is found not guilty by reason of insanity | ||||||
26 | of such offense or an
attempt to commit such |
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1 | offense; or
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2 | (C) is found not guilty by reason of insanity | ||||||
3 | pursuant to subsection
(c) of Section 104-25 of | ||||||
4 | the Code of Criminal Procedure of 1963 of such | ||||||
5 | offense
or an attempt to commit such offense; or
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6 | (D) is the subject of a finding not resulting | ||||||
7 | in an acquittal at a
hearing conducted pursuant to | ||||||
8 | subsection (a) of Section 104-25 of the Code of
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9 | Criminal Procedure of 1963 for the alleged | ||||||
10 | commission or attempted commission
of such | ||||||
11 | offense; or
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12 | (E) is found not guilty by reason of insanity | ||||||
13 | following a hearing
conducted pursuant to a | ||||||
14 | federal law or the law of another state | ||||||
15 | substantially
similar to subsection (c) of Section | ||||||
16 | 104-25 of the Code of Criminal Procedure
of 1963 | ||||||
17 | of such offense or of the attempted commission of | ||||||
18 | such offense; or
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19 | (F) is the subject of a finding not resulting | ||||||
20 | in an acquittal at a
hearing
conducted pursuant to | ||||||
21 | a federal law or the law of another state | ||||||
22 | substantially
similar to subsection (a) of Section | ||||||
23 | 104-25 of the Code of Criminal Procedure
of 1963 | ||||||
24 | for the alleged violation or attempted commission | ||||||
25 | of such offense; or
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26 | (ii) is certified as a sexually dangerous person |
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1 | pursuant to the
Illinois
Sexually Dangerous Persons | ||||||
2 | Act, or any substantially similar federal
law or the | ||||||
3 | law of another state, when any conduct giving rise to | ||||||
4 | such
certification is committed or attempted against a | ||||||
5 | person less than 18 years of
age; or
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6 | (iii) is subject to the provisions of Section 2 of | ||||||
7 | the Interstate
Agreements on Sexually Dangerous | ||||||
8 | Persons Act.
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9 | Convictions that result from or are connected with the | ||||||
10 | same act, or result
from offenses committed at the same | ||||||
11 | time, shall be counted for the purpose of
this Section as | ||||||
12 | one conviction. Any conviction set aside pursuant to law | ||||||
13 | is
not a conviction for purposes of this Section.
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14 | (2) Except as otherwise provided in paragraph (2.5), | ||||||
15 | "sex offense"
means:
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16 | (i) A violation of any of the following Sections | ||||||
17 | of the Criminal Code of
1961 or the Criminal Code of | ||||||
18 | 2012: 10-4 (forcible detention), 10-7 (aiding or | ||||||
19 | abetting child abduction under Section 10-5(b)(10)),
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20 | 10-5(b)(10) (child luring), 11-1.40 (predatory | ||||||
21 | criminal sexual assault of a child), 11-6 (indecent | ||||||
22 | solicitation of a child), 11-6.5
(indecent | ||||||
23 | solicitation of an adult),
11-9.1 (sexual exploitation | ||||||
24 | of a child), 11-9.2 (custodial sexual misconduct), | ||||||
25 | 11-9.5 (sexual misconduct with a person with a | ||||||
26 | disability), 11-11 (sexual relations within families), |
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1 | 11-14.3(a)(1) (promoting prostitution by advancing | ||||||
2 | prostitution), 11-14.3(a)(2)(A) (promoting | ||||||
3 | prostitution by profiting from prostitution by | ||||||
4 | compelling a person to be a prostitute), | ||||||
5 | 11-14.3(a)(2)(C) (promoting prostitution by profiting | ||||||
6 | from prostitution by means other than as described in | ||||||
7 | subparagraphs (A) and (B) of paragraph (2) of | ||||||
8 | subsection (a) of Section 11-14.3), 11-14.4 (promoting | ||||||
9 | juvenile prostitution), 11-18.1
(patronizing a | ||||||
10 | juvenile prostitute), 11-20.1 (child pornography), | ||||||
11 | 11-20.1B (aggravated child pornography), 11-21 | ||||||
12 | (harmful
material), 11-25 (grooming), 11-26 (traveling | ||||||
13 | to meet a minor or traveling to meet a child), 12-33 | ||||||
14 | (ritualized abuse of a
child), 11-20 (obscenity) (when | ||||||
15 | that offense was committed in any school, on
real | ||||||
16 | property comprising any school, in any conveyance | ||||||
17 | owned,
leased, or contracted by a school to transport | ||||||
18 | students to or from school or a
school related | ||||||
19 | activity, or in a public park), 11-30 (public | ||||||
20 | indecency) (when committed in a school, on real | ||||||
21 | property
comprising a school, in any conveyance owned, | ||||||
22 | leased, or contracted by a
school to transport | ||||||
23 | students to or from school or a school related | ||||||
24 | activity, or in a public park). An attempt to commit | ||||||
25 | any of these offenses.
| ||||||
26 | (ii) A violation of any of the following Sections |
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1 | of the Criminal Code
of 1961 or the Criminal Code of | ||||||
2 | 2012, when the victim is a person under 18 years of | ||||||
3 | age: 11-1.20 (criminal
sexual assault), 11-1.30 | ||||||
4 | (aggravated criminal sexual assault), 11-1.50 | ||||||
5 | (criminal
sexual abuse), 11-1.60 (aggravated criminal | ||||||
6 | sexual abuse). An attempt to commit
any of these | ||||||
7 | offenses.
| ||||||
8 | (iii) A violation of any of the following Sections | ||||||
9 | of the Criminal Code
of 1961 or the Criminal Code of | ||||||
10 | 2012, when the victim is a person under 18 years of age | ||||||
11 | and the defendant is
not a parent of the victim:
| ||||||
12 | 10-1 (kidnapping),
| ||||||
13 | 10-2 (aggravated kidnapping),
| ||||||
14 | 10-3 (unlawful restraint),
| ||||||
15 | 10-3.1 (aggravated unlawful restraint),
| ||||||
16 | 11-9.1(A) (permitting sexual abuse of a child) , . | ||||||
17 | 12-7.3 (stalking), | ||||||
18 | 12-7.4 (aggravated stalking). | ||||||
19 | An attempt to commit any of these offenses.
| ||||||
20 | (iv) A violation of any former law of this State | ||||||
21 | substantially
equivalent to any offense listed in | ||||||
22 | clause (2)(i) or (2)(ii) of subsection (d) of this
| ||||||
23 | Section.
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24 | (2.5) For the purposes of subsections (b-5) and (b-10) | ||||||
25 | only, a sex offense means:
| ||||||
26 | (i) A violation of any of the following Sections |
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| |||||||
1 | of the Criminal Code of
1961 or the Criminal Code of | ||||||
2 | 2012:
| ||||||
3 | 10-5(b)(10) (child luring), 10-7 (aiding or | ||||||
4 | abetting child abduction
under Section 10-5(b)(10)), | ||||||
5 | 11-1.40 (predatory criminal sexual assault of a | ||||||
6 | child), 11-6 (indecent solicitation of
a
child), | ||||||
7 | 11-6.5 (indecent solicitation of an adult), 11-9.2 | ||||||
8 | (custodial sexual misconduct), 11-9.5 (sexual | ||||||
9 | misconduct with a person with a disability), 11-11 | ||||||
10 | (sexual relations within families), 11-14.3(a)(1) | ||||||
11 | (promoting prostitution by advancing prostitution), | ||||||
12 | 11-14.3(a)(2)(A) (promoting prostitution by profiting | ||||||
13 | from prostitution by compelling a person to be a | ||||||
14 | prostitute), 11-14.3(a)(2)(C) (promoting prostitution | ||||||
15 | by profiting from prostitution by means other than as | ||||||
16 | described in subparagraphs (A) and (B) of paragraph | ||||||
17 | (2) of subsection (a) of Section 11-14.3), 11-14.4 | ||||||
18 | (promoting juvenile prostitution), 11-18.1
| ||||||
19 | (patronizing a juvenile prostitute), 11-20.1 (child | ||||||
20 | pornography), 11-20.1B (aggravated child pornography), | ||||||
21 | 11-25 (grooming), 11-26 (traveling to meet a minor or | ||||||
22 | traveling to meet a child), or 12-33 (ritualized abuse | ||||||
23 | of a
child). An attempt
to commit any of
these | ||||||
24 | offenses.
| ||||||
25 | (ii) A violation of any of the following Sections | ||||||
26 | of the Criminal Code
of 1961 or the Criminal Code of |
| |||||||
| |||||||
1 | 2012, when the victim is a person under 18 years of | ||||||
2 | age: 11-1.20 (criminal
sexual assault), 11-1.30 | ||||||
3 | (aggravated criminal sexual assault), 11-1.60
| ||||||
4 | (aggravated criminal sexual abuse), and subsection (a) | ||||||
5 | of Section 11-1.50
(criminal sexual abuse). An attempt | ||||||
6 | to commit
any of these offenses.
| ||||||
7 | (iii) A violation of any of the following Sections | ||||||
8 | of the Criminal Code
of 1961 or the Criminal Code of | ||||||
9 | 2012, when the victim is a person under 18 years of age | ||||||
10 | and the defendant is
not a parent of the victim:
| ||||||
11 | 10-1 (kidnapping),
| ||||||
12 | 10-2 (aggravated kidnapping),
| ||||||
13 | 10-3 (unlawful restraint),
| ||||||
14 | 10-3.1 (aggravated unlawful restraint),
| ||||||
15 | 11-9.1(A) (permitting sexual abuse of a child). | ||||||
16 | An attempt to commit any of these offenses.
| ||||||
17 | (iv) A violation of any former law of this State | ||||||
18 | substantially
equivalent to any offense listed in this | ||||||
19 | paragraph (2.5) of
this subsection.
| ||||||
20 | (3) A conviction for an offense of federal law or the | ||||||
21 | law of another state
that is substantially equivalent to | ||||||
22 | any offense listed in paragraph (2) of
subsection (d) of | ||||||
23 | this Section shall constitute a conviction for the purpose | ||||||
24 | of
this Section. A finding or adjudication as a sexually | ||||||
25 | dangerous person under
any federal law or law of another | ||||||
26 | state that is substantially equivalent to the
Sexually |
| |||||||
| |||||||
1 | Dangerous Persons Act shall constitute an adjudication for | ||||||
2 | the
purposes of this Section.
| ||||||
3 | (4) "Authorized emergency vehicle", "rescue vehicle", | ||||||
4 | and "vehicle" have the meanings ascribed to them in | ||||||
5 | Sections 1-105, 1-171.8 and 1-217, respectively, of the | ||||||
6 | Illinois Vehicle Code. | ||||||
7 | (5) "Child care institution" has the meaning ascribed | ||||||
8 | to it in Section 2.06 of the Child Care Act of 1969. | ||||||
9 | (6) "Day care center" has the meaning ascribed to it | ||||||
10 | in Section 2.09 of the Child Care Act of 1969. | ||||||
11 | (7) "Day care home" has the meaning ascribed to it in | ||||||
12 | Section 2.18 of the Child Care Act of 1969. | ||||||
13 | (8) "Facility providing programs or services directed | ||||||
14 | towards persons under the age of 18" means any facility | ||||||
15 | providing programs or services exclusively directed | ||||||
16 | towards persons under the age of 18. | ||||||
17 | (9) "Group day care home" has the meaning ascribed to | ||||||
18 | it in Section 2.20 of the Child Care Act of 1969. | ||||||
19 | (10) "Internet" has the meaning set forth in Section | ||||||
20 | 16-0.1 of this Code.
| ||||||
21 | (11) "Loiter" means:
| ||||||
22 | (i) Standing, sitting idly, whether or not the | ||||||
23 | person is in a vehicle, or
remaining in or around | ||||||
24 | school or public park property.
| ||||||
25 | (ii) Standing, sitting idly, whether or not the | ||||||
26 | person is in a vehicle,
or remaining in or around |
| |||||||
| |||||||
1 | school or public park property, for the purpose of | ||||||
2 | committing or
attempting to commit a sex offense.
| ||||||
3 | (iii) Entering or remaining in a building in or | ||||||
4 | around school property, other than the offender's | ||||||
5 | residence. | ||||||
6 | (12) "Part day child care facility" has the meaning | ||||||
7 | ascribed to it in Section 2.10 of the Child Care Act of | ||||||
8 | 1969. | ||||||
9 | (13) "Playground" means a piece of land owned or | ||||||
10 | controlled by a unit
of
local government that is | ||||||
11 | designated by the unit of local government for use
solely | ||||||
12 | or primarily for children's recreation. | ||||||
13 | (14) "Public park" includes a park, forest preserve, | ||||||
14 | bikeway, trail, or
conservation
area
under the | ||||||
15 | jurisdiction of the State or a unit of local government. | ||||||
16 | (15) "School" means a public or private preschool or | ||||||
17 | elementary or secondary school. | ||||||
18 | (16) "School official"
means the principal, a teacher, | ||||||
19 | or any other certified employee of the
school, the | ||||||
20 | superintendent of schools or a member of the school board.
| ||||||
21 | (e) For the purposes of this Section, the 500 feet | ||||||
22 | distance shall be measured from: (1) the edge of the property | ||||||
23 | of the school building or the real property comprising the | ||||||
24 | school that is closest to the edge of the property of the child | ||||||
25 | sex offender's residence or where he or she is loitering, and | ||||||
26 | (2) the edge of the property comprising the public park |
| |||||||
| |||||||
1 | building or the real property comprising the public park, | ||||||
2 | playground, child care institution, day care center, part day | ||||||
3 | child care facility, or facility providing programs or | ||||||
4 | services exclusively directed toward persons under 18 years of | ||||||
5 | age, or a victim of the sex offense who is under 21 years of | ||||||
6 | age, to the edge of the child sex offender's place of residence | ||||||
7 | or place where he or she is loitering.
| ||||||
8 | (f) Sentence. A person who violates this Section is guilty | ||||||
9 | of a Class 4
felony.
| ||||||
10 | (Source: P.A. 100-428, eff. 1-1-18 .)
| ||||||
11 | (720 ILCS 5/12-7.3) (from Ch. 38, par. 12-7.3)
| ||||||
12 | Sec. 12-7.3. Stalking.
| ||||||
13 | (a) A person commits stalking when he or she knowingly | ||||||
14 | engages in a course of conduct directed at a specific person, | ||||||
15 | and he or she knows or should know that this course of conduct | ||||||
16 | would cause a reasonable person to: | ||||||
17 | (1) fear for his or her safety or the safety of a third | ||||||
18 | person; or | ||||||
19 | (2) suffer other emotional distress. | ||||||
20 | (a-3) A person commits stalking when he or she, knowingly | ||||||
21 | and without
lawful justification, on at least 2 separate | ||||||
22 | occasions follows
another person
or places the person under | ||||||
23 | surveillance or any combination thereof and:
| ||||||
24 | (1) at any time transmits a threat of immediate or | ||||||
25 | future bodily harm, sexual
assault, confinement or |
| |||||||
| |||||||
1 | restraint and the threat is directed towards that
person | ||||||
2 | or a family member of that
person; or
| ||||||
3 | (2) places that person in reasonable apprehension of | ||||||
4 | immediate or future
bodily harm, sexual assault, | ||||||
5 | confinement or restraint to or of that person or a family | ||||||
6 | member of that person.
| ||||||
7 | (a-5) A person commits stalking when he or she has | ||||||
8 | previously been
convicted of stalking another person and | ||||||
9 | knowingly and without lawful
justification on one occasion:
| ||||||
10 | (1) follows that same person or places that same | ||||||
11 | person under
surveillance; and
| ||||||
12 | (2) transmits a threat of immediate or future bodily | ||||||
13 | harm, sexual
assault, confinement or restraint to that | ||||||
14 | person or a family member of that person.
| ||||||
15 | (b) Sentence.
Stalking is a Class 4 felony; a second or | ||||||
16 | subsequent
conviction is a Class 3 felony. Stalking against a | ||||||
17 | child is a Class 3 felony.
| ||||||
18 | (c) Definitions. In For purposes of this Section: | ||||||
19 | "Child" means person under 17 years of age unless the | ||||||
20 | accused is a family member as defined in Section 11-0.1 or | ||||||
21 | in a position trust, authority, or supervision to the | ||||||
22 | victim, then "child" is a person under 18 years of age. | ||||||
23 | (1) "Course of conduct" means 2 or more acts, | ||||||
24 | including but not limited to acts in which a defendant | ||||||
25 | directly, indirectly, or through third parties, by any | ||||||
26 | action, method, device, or means follows, monitors, |
| |||||||
| |||||||
1 | observes, surveils, threatens, or communicates to or | ||||||
2 | about, a person, engages in other non-consensual contact, | ||||||
3 | or interferes with or damages a person's property or pet. | ||||||
4 | A course of conduct may include contact via electronic | ||||||
5 | communications. | ||||||
6 | (2) "Electronic communication" means any transfer of | ||||||
7 | signs, signals, writings, sounds, data, or intelligence of | ||||||
8 | any nature transmitted in whole or in part by a wire, | ||||||
9 | radio, electromagnetic, photoelectric, or photo-optical | ||||||
10 | system. "Electronic communication" includes transmissions | ||||||
11 | by a computer through the Internet to another computer. | ||||||
12 | (3) "Emotional distress" means significant mental | ||||||
13 | suffering, anxiety or alarm. | ||||||
14 | (4) "Family member" means a parent,
grandparent, | ||||||
15 | brother, sister, or child, whether by whole blood, | ||||||
16 | half-blood, or
adoption and includes a step-grandparent, | ||||||
17 | step-parent, step-brother,
step-sister or step-child. | ||||||
18 | "Family member" also means any other person who
regularly | ||||||
19 | resides in the household, or who, within the prior 6 | ||||||
20 | months,
regularly resided in the household. | ||||||
21 | (5) "Follows another person" means (i) to
move in | ||||||
22 | relative proximity to a person as that person moves from | ||||||
23 | place to place
or (ii) to remain in relative proximity to a | ||||||
24 | person who is stationary or whose
movements are confined | ||||||
25 | to a small area.
"Follows another person" does not
include | ||||||
26 | a following within the residence of the defendant. |
| |||||||
| |||||||
1 | (6) "Non-consensual contact" means any contact with | ||||||
2 | the victim that is initiated or continued without the | ||||||
3 | victim's consent, including but not limited to being in | ||||||
4 | the physical presence of the victim; appearing within the | ||||||
5 | sight of the victim; approaching or confronting the victim | ||||||
6 | in a public place or on private property; appearing at the | ||||||
7 | workplace or residence of the victim; entering onto or | ||||||
8 | remaining on property owned, leased, or occupied by the | ||||||
9 | victim; or placing an object on, or delivering an object | ||||||
10 | to, property owned, leased, or occupied by the victim. | ||||||
11 | (7) "Places a person under
surveillance" means: (1) | ||||||
12 | remaining present outside the person's school, place of
| ||||||
13 | employment, vehicle, other place occupied by the person, | ||||||
14 | or residence other
than the residence of the defendant; or | ||||||
15 | (2) placing an electronic tracking device on the person or | ||||||
16 | the person's property. | ||||||
17 | (8) "Reasonable person" means a person in the victim's | ||||||
18 | situation. | ||||||
19 | (9) "Transmits a threat" means a verbal
or
written | ||||||
20 | threat or a threat implied by a pattern of conduct or a | ||||||
21 | combination of
verbal or written statements or conduct. | ||||||
22 | (d) Exemptions. | ||||||
23 | (1) This Section does not apply to any individual or | ||||||
24 | organization (i) monitoring or attentive to compliance | ||||||
25 | with public or worker safety laws, wage and hour | ||||||
26 | requirements, or other statutory requirements, or (ii) |
| |||||||
| |||||||
1 | picketing occurring at the workplace that is otherwise | ||||||
2 | lawful and arises out of a bona fide labor dispute, | ||||||
3 | including any controversy concerning wages, salaries, | ||||||
4 | hours, working conditions or benefits, including health | ||||||
5 | and welfare, sick leave, insurance, and pension or | ||||||
6 | retirement provisions, the making or maintaining of | ||||||
7 | collective bargaining agreements, and the terms to be | ||||||
8 | included in those agreements. | ||||||
9 | (2) This Section does not apply to an exercise of the | ||||||
10 | right to free speech or assembly that is otherwise lawful. | ||||||
11 | (3) Telecommunications carriers, commercial mobile | ||||||
12 | service providers, and providers of information services, | ||||||
13 | including, but not limited to, Internet service providers | ||||||
14 | and hosting service providers, are not liable under this | ||||||
15 | Section, except for willful and wanton misconduct, by | ||||||
16 | virtue of the transmission, storage, or caching of | ||||||
17 | electronic communications or messages of others or by | ||||||
18 | virtue of the provision of other related | ||||||
19 | telecommunications, commercial mobile services, or | ||||||
20 | information services used by others in violation of this | ||||||
21 | Section. | ||||||
22 | (d-5) The incarceration of a person in a penal institution | ||||||
23 | who commits the course of conduct or transmits a
threat is not | ||||||
24 | a bar to prosecution under this Section.
| ||||||
25 | (d-10) A defendant who directed the actions of a third | ||||||
26 | party to violate this Section, under the principles of |
| |||||||
| |||||||
1 | accountability set forth in Article 5 of this Code, is guilty | ||||||
2 | of violating this Section as if the same had been personally | ||||||
3 | done by the defendant, without regard to the mental state of | ||||||
4 | the third party acting at the direction of the defendant. | ||||||
5 | (Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11; | ||||||
6 | 97-311, eff. 8-11-11; 97-1109, eff. 1-1-13.)
| ||||||
7 | (720 ILCS 5/12-7.4) (from Ch. 38, par. 12-7.4)
| ||||||
8 | Sec. 12-7.4. Aggravated stalking.
| ||||||
9 | (a) A person commits
aggravated stalking when he or she | ||||||
10 | commits stalking and:
| ||||||
11 | (1) causes bodily harm to the victim;
| ||||||
12 | (2) confines or restrains the victim; or
| ||||||
13 | (3) violates a temporary
restraining order, an order | ||||||
14 | of protection, a stalking no contact order, a civil no | ||||||
15 | contact order, or an injunction
prohibiting the behavior | ||||||
16 | described in
subsection (b)(1) of Section 214 of the | ||||||
17 | Illinois Domestic Violence Act of 1986.
| ||||||
18 | (a-1) A person commits
aggravated stalking when he or she | ||||||
19 | is required to register under the Sex Offender Registration | ||||||
20 | Act or has been previously required to register under that Act | ||||||
21 | and commits the offense of stalking when the victim of the | ||||||
22 | stalking is also the victim of the offense for which the sex | ||||||
23 | offender is required to register under the Sex Offender | ||||||
24 | Registration Act or a family member of the victim. | ||||||
25 | (b) Sentence. Aggravated stalking is a Class 3 felony; a |
| |||||||
| |||||||
1 | second or
subsequent conviction is a Class 2
felony. | ||||||
2 | Aggravated stalking against a child is a Class 2 felony. In | ||||||
3 | this subsection (b), "child" means a person under 17 years of | ||||||
4 | age unless the accused is a family member as defined in Section | ||||||
5 | 11-0.1 or in a position trust, authority, or supervision to | ||||||
6 | the victim, then "child" is a person under 18 years of age.
| ||||||
7 | (c) Exemptions. | ||||||
8 | (1) This Section does not apply to any individual or | ||||||
9 | organization (i) monitoring or attentive to compliance | ||||||
10 | with public or worker safety laws, wage and hour | ||||||
11 | requirements, or other statutory requirements, or (ii) | ||||||
12 | picketing occurring at the
workplace that is otherwise | ||||||
13 | lawful and arises out of a bona fide labor
dispute | ||||||
14 | including any controversy concerning wages, salaries, | ||||||
15 | hours, working conditions or benefits, including health | ||||||
16 | and welfare, sick leave, insurance, and pension or | ||||||
17 | retirement provisions, the managing or maintenance of | ||||||
18 | collective bargaining agreements, and the terms to be | ||||||
19 | included in those agreements. | ||||||
20 | (2) This Section does not apply to an exercise of the | ||||||
21 | right of free speech or assembly that is
otherwise lawful.
| ||||||
22 | (3) Telecommunications carriers, commercial mobile | ||||||
23 | service providers, and providers of information services, | ||||||
24 | including, but not limited to, Internet service providers | ||||||
25 | and hosting service providers, are not liable under this | ||||||
26 | Section, except for willful and wanton misconduct, by |
| |||||||
| |||||||
1 | virtue of the transmission, storage, or caching of | ||||||
2 | electronic communications or messages of others or by | ||||||
3 | virtue of the provision of other related | ||||||
4 | telecommunications, commercial mobile services, or | ||||||
5 | information services used by others in violation of this | ||||||
6 | Section.
| ||||||
7 | (d) A defendant who directed the actions of a third party | ||||||
8 | to violate this Section, under the principles of | ||||||
9 | accountability set forth in Article 5 of this Code, is guilty | ||||||
10 | of violating this Section as if the same had been personally | ||||||
11 | done by the defendant, without regard to the mental state of | ||||||
12 | the third party acting at the direction of the defendant. | ||||||
13 | (Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11; | ||||||
14 | 97-311, eff. 8-11-11; 97-468, eff. 1-1-12; 97-1109, eff. | ||||||
15 | 1-1-13.)
| ||||||
16 | Section 10. The Sex Offender Registration Act is amended | ||||||
17 | by changing Section 2 as follows:
| ||||||
18 | (730 ILCS 150/2) (from Ch. 38, par. 222)
| ||||||
19 | Sec. 2. Definitions.
| ||||||
20 | (A) As used in this Article, "sex offender" means any | ||||||
21 | person who is:
| ||||||
22 | (1) charged pursuant to Illinois law, or any | ||||||
23 | substantially similar
federal, Uniform Code of Military | ||||||
24 | Justice, sister state, or foreign country
law,
with a sex |
| |||||||
| |||||||
1 | offense set forth
in subsection (B) of this Section or the | ||||||
2 | attempt to commit an included sex
offense, and:
| ||||||
3 | (a) is convicted of such offense or an attempt to | ||||||
4 | commit such offense;
or
| ||||||
5 | (b) is found not guilty by reason of insanity of | ||||||
6 | such offense or an
attempt to commit such offense; or
| ||||||
7 | (c) is found not guilty by reason of insanity | ||||||
8 | pursuant to Section
104-25(c) of the Code of Criminal | ||||||
9 | Procedure of 1963 of such offense or an
attempt to | ||||||
10 | commit such offense; or
| ||||||
11 | (d) is the subject of a finding not resulting in an | ||||||
12 | acquittal at a
hearing conducted pursuant to Section | ||||||
13 | 104-25(a) of the Code of Criminal
Procedure of 1963 | ||||||
14 | for the alleged commission or attempted commission of | ||||||
15 | such
offense; or
| ||||||
16 | (e) is found not guilty by reason of insanity | ||||||
17 | following a hearing
conducted pursuant to a federal, | ||||||
18 | Uniform Code of Military Justice, sister
state, or | ||||||
19 | foreign country law
substantially similar to Section | ||||||
20 | 104-25(c) of the Code of Criminal Procedure
of 1963 of | ||||||
21 | such offense or of the attempted commission of such | ||||||
22 | offense; or
| ||||||
23 | (f) is the subject of a finding not resulting in an | ||||||
24 | acquittal at a
hearing conducted pursuant to a | ||||||
25 | federal, Uniform Code of Military Justice,
sister | ||||||
26 | state, or foreign country law
substantially similar to |
| |||||||
| |||||||
1 | Section 104-25(a) of the Code of Criminal Procedure
of | ||||||
2 | 1963 for the alleged violation or attempted commission | ||||||
3 | of such offense;
or
| ||||||
4 | (2) declared as a sexually dangerous person pursuant | ||||||
5 | to the Illinois
Sexually Dangerous Persons Act, or any | ||||||
6 | substantially similar federal, Uniform
Code of Military | ||||||
7 | Justice, sister
state, or foreign country law; or
| ||||||
8 | (3) subject to the provisions of Section 2 of the | ||||||
9 | Interstate
Agreements on Sexually Dangerous Persons Act; | ||||||
10 | or
| ||||||
11 | (4) found to be a sexually violent person pursuant to | ||||||
12 | the Sexually
Violent Persons Commitment Act or any | ||||||
13 | substantially similar federal, Uniform
Code of Military | ||||||
14 | Justice, sister
state, or foreign country law; or
| ||||||
15 | (5) adjudicated a juvenile delinquent as the result of | ||||||
16 | committing or
attempting to commit an act which, if | ||||||
17 | committed by an adult, would constitute
any of the | ||||||
18 | offenses specified in item (B), (C), or (C-5) of this | ||||||
19 | Section or a
violation of any substantially similar | ||||||
20 | federal, Uniform Code of Military
Justice, sister state, | ||||||
21 | or foreign
country law, or found guilty under Article V of | ||||||
22 | the Juvenile Court Act of 1987
of committing or attempting | ||||||
23 | to commit an act which, if committed by an adult,
would | ||||||
24 | constitute any of the offenses specified in item (B), (C), | ||||||
25 | or (C-5) of
this Section or a violation of any | ||||||
26 | substantially similar federal, Uniform Code
of Military |
| |||||||
| |||||||
1 | Justice, sister state,
or foreign country law.
| ||||||
2 | Convictions that result from or are connected with the | ||||||
3 | same act, or result
from offenses committed at the same time, | ||||||
4 | shall be counted for the purpose of
this Article as one | ||||||
5 | conviction. Any conviction set aside pursuant to law is
not a | ||||||
6 | conviction for purposes of this Article.
| ||||||
7 |
For purposes of this Section, "convicted" shall have the | ||||||
8 | same meaning as
"adjudicated".
| ||||||
9 | (B) As used in this Article, "sex offense" means:
| ||||||
10 | (1) A violation of any of the following Sections of | ||||||
11 | the Criminal Code of
1961 or the Criminal Code of 2012:
| ||||||
12 | 11-20.1 (child pornography),
| ||||||
13 | 11-20.1B or 11-20.3 (aggravated child | ||||||
14 | pornography),
| ||||||
15 | 11-6 (indecent solicitation of a child),
| ||||||
16 | 11-9.1 (sexual exploitation of a child),
| ||||||
17 | 11-9.2 (custodial sexual misconduct),
| ||||||
18 | 11-9.5 (sexual misconduct with a person with a | ||||||
19 | disability), | ||||||
20 | 11-14.4 (promoting juvenile prostitution), | ||||||
21 | 11-15.1 (soliciting for a juvenile prostitute),
| ||||||
22 | 11-18.1 (patronizing a juvenile prostitute),
| ||||||
23 | 11-17.1 (keeping a place of juvenile | ||||||
24 | prostitution),
| ||||||
25 | 11-19.1 (juvenile pimping),
| ||||||
26 | 11-19.2 (exploitation of a child),
|
| |||||||
| |||||||
1 | 11-25 (grooming), | ||||||
2 | 11-26 (traveling to meet a minor or traveling to | ||||||
3 | meet a child), | ||||||
4 | 11-1.20 or 12-13 (criminal sexual assault),
| ||||||
5 | 11-1.30 or 12-14 (aggravated criminal sexual | ||||||
6 | assault),
| ||||||
7 | 11-1.40 or 12-14.1 (predatory criminal sexual | ||||||
8 | assault of a child),
| ||||||
9 | 11-1.50 or 12-15 (criminal sexual abuse),
| ||||||
10 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
11 | abuse),
| ||||||
12 | 12-33 (ritualized abuse of a child).
| ||||||
13 | An attempt to commit any of these offenses.
| ||||||
14 | (1.5)
A violation of any of the following Sections of | ||||||
15 | the
Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
16 | when the victim is a person under 18 years of age, the
| ||||||
17 | defendant is not a parent of the victim, the offense was | ||||||
18 | sexually motivated as defined in Section 10 of the Sex | ||||||
19 | Offender Evaluation and Treatment Act, and the offense was | ||||||
20 | committed on or
after January 1, 1996:
| ||||||
21 | 10-1 (kidnapping),
| ||||||
22 | 10-2 (aggravated kidnapping),
| ||||||
23 | 10-3 (unlawful restraint),
| ||||||
24 | 10-3.1 (aggravated unlawful restraint) , .
| ||||||
25 | 12-7.3 (stalking), | ||||||
26 | 12-7.4 (aggravated stalking). |
| |||||||
| |||||||
1 | If the offense was committed before January 1, 1996, | ||||||
2 | it is a sex offense requiring registration only when the | ||||||
3 | person is convicted of any felony after July 1, 2011, and | ||||||
4 | paragraph (2.1) of subsection (c) of Section 3 of this Act | ||||||
5 | applies. | ||||||
6 | (1.6)
First degree murder under Section 9-1 of the | ||||||
7 | Criminal Code of 1961 or the Criminal Code of 2012,
| ||||||
8 | provided the offense was sexually motivated as defined in | ||||||
9 | Section 10 of the Sex Offender Management Board Act.
| ||||||
10 | (1.7) (Blank).
| ||||||
11 | (1.8) A violation or attempted violation of Section | ||||||
12 | 11-11 (sexual
relations within families) of the Criminal | ||||||
13 | Code of 1961 or the Criminal Code of 2012, and the offense | ||||||
14 | was committed on or after
June 1, 1997. If the offense was | ||||||
15 | committed before June 1, 1997, it is a sex offense | ||||||
16 | requiring registration only when the person is convicted | ||||||
17 | of any felony after July 1, 2011, and paragraph (2.1) of | ||||||
18 | subsection (c) of Section 3 of this Act applies.
| ||||||
19 | (1.9) Child abduction under paragraph (10) of | ||||||
20 | subsection
(b) of Section 10-5 of the Criminal Code of | ||||||
21 | 1961 or the Criminal Code of 2012 committed by luring or
| ||||||
22 | attempting to lure a child under the age of 16 into a motor | ||||||
23 | vehicle, building,
house trailer, or dwelling place | ||||||
24 | without the consent of the parent or lawful
custodian of | ||||||
25 | the child for other than a lawful purpose and the offense | ||||||
26 | was
committed on or after January 1, 1998, provided the |
| |||||||
| |||||||
1 | offense was sexually motivated as defined in Section 10 of | ||||||
2 | the Sex Offender Management Board Act. If the offense was | ||||||
3 | committed before January 1, 1998, it is a sex offense | ||||||
4 | requiring registration only when the person is convicted | ||||||
5 | of any felony after July 1, 2011, and paragraph (2.1) of | ||||||
6 | subsection (c) of Section 3 of this Act applies.
| ||||||
7 | (1.10) A violation or attempted violation of any of | ||||||
8 | the following Sections
of the Criminal Code of 1961 or the | ||||||
9 | Criminal Code of 2012 when the offense was committed on or | ||||||
10 | after July
1, 1999:
| ||||||
11 | 10-4 (forcible detention, if the victim is under | ||||||
12 | 18 years of age), provided the offense was sexually | ||||||
13 | motivated as defined in Section 10 of the Sex Offender | ||||||
14 | Management Board Act,
| ||||||
15 | 11-6.5 (indecent solicitation of an adult),
| ||||||
16 | 11-14.3 that involves soliciting for a prostitute, | ||||||
17 | or 11-15 (soliciting for a prostitute, if the victim | ||||||
18 | is under 18 years
of age),
| ||||||
19 | subdivision (a)(2)(A) or (a)(2)(B) of Section | ||||||
20 | 11-14.3, or Section 11-16 (pandering, if the victim is | ||||||
21 | under 18 years of age),
| ||||||
22 | 11-18 (patronizing a prostitute, if the victim is | ||||||
23 | under 18 years
of age),
| ||||||
24 | subdivision (a)(2)(C) of Section 11-14.3, or | ||||||
25 | Section 11-19 (pimping, if the victim is under 18 | ||||||
26 | years of age).
|
| |||||||
| |||||||
1 | If the offense was committed before July 1, 1999, it | ||||||
2 | is a sex offense requiring registration only when the | ||||||
3 | person is convicted of any felony after July 1, 2011, and | ||||||
4 | paragraph (2.1) of subsection (c) of Section 3 of this Act | ||||||
5 | applies. | ||||||
6 | (1.11) A violation or attempted violation of any of | ||||||
7 | the following
Sections of the Criminal Code of 1961 or the | ||||||
8 | Criminal Code of 2012 when the offense was committed on or
| ||||||
9 | after August 22, 2002:
| ||||||
10 | 11-9 or 11-30 (public indecency for a third or | ||||||
11 | subsequent conviction). | ||||||
12 | If the third or subsequent conviction was imposed | ||||||
13 | before August 22, 2002, it is a sex offense requiring | ||||||
14 | registration only when the person is convicted of any | ||||||
15 | felony after July 1, 2011, and paragraph (2.1) of | ||||||
16 | subsection (c) of Section 3 of this Act applies.
| ||||||
17 | (1.12) A violation or attempted violation of Section
| ||||||
18 | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the | ||||||
19 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
20 | (permitting sexual abuse) when the
offense was committed | ||||||
21 | on or after August 22, 2002. If the offense was committed | ||||||
22 | before August 22, 2002, it is a sex offense requiring | ||||||
23 | registration only when the person is convicted of any | ||||||
24 | felony after July 1, 2011, and paragraph (2.1) of | ||||||
25 | subsection (c) of Section 3 of this Act applies.
| ||||||
26 | (2) A violation of any former law of this State |
| |||||||
| |||||||
1 | substantially equivalent
to any offense listed in | ||||||
2 | subsection (B) of this Section.
| ||||||
3 | (C) A conviction for an offense of federal law, Uniform | ||||||
4 | Code of Military
Justice, or the law of another state
or a | ||||||
5 | foreign country that is substantially equivalent to any | ||||||
6 | offense listed
in subsections (B), (C), (E), and (E-5) of this | ||||||
7 | Section shall
constitute a
conviction for the purpose
of this | ||||||
8 | Article. A finding or adjudication as a sexually dangerous | ||||||
9 | person
or a sexually violent person under any federal law, | ||||||
10 | Uniform Code of Military
Justice, or the law of another state | ||||||
11 | or
foreign country that is substantially equivalent to the | ||||||
12 | Sexually Dangerous
Persons Act or the Sexually Violent Persons | ||||||
13 | Commitment Act shall constitute an
adjudication for the | ||||||
14 | purposes of this Article.
| ||||||
15 | (C-5) A person at least 17 years of age at the time of the | ||||||
16 | commission of
the offense who is convicted of first degree | ||||||
17 | murder under Section 9-1 of the
Criminal Code of 1961 or the | ||||||
18 | Criminal Code of 2012, against a person
under 18 years of age, | ||||||
19 | shall be required to register
for natural life.
A conviction | ||||||
20 | for an offense of federal, Uniform Code of Military Justice,
| ||||||
21 | sister state, or foreign country law that is substantially | ||||||
22 | equivalent to any
offense listed in subsection (C-5) of this | ||||||
23 | Section shall constitute a
conviction for the purpose of this | ||||||
24 | Article. This subsection (C-5) applies to a person who | ||||||
25 | committed the offense before June 1, 1996 if: (i) the person is | ||||||
26 | incarcerated in an Illinois Department of Corrections facility |
| |||||||
| |||||||
1 | on August 20, 2004 (the effective date of Public Act 93-977), | ||||||
2 | or (ii) subparagraph (i) does not apply and the person is | ||||||
3 | convicted of any felony after July 1, 2011, and paragraph | ||||||
4 | (2.1) of subsection (c) of Section 3 of this Act applies.
| ||||||
5 | (C-6) A person who is convicted or adjudicated delinquent | ||||||
6 | of first degree murder as defined in Section 9-1 of the | ||||||
7 | Criminal Code of 1961 or the Criminal Code of 2012, against a | ||||||
8 | person 18 years of age or over, shall be required to register | ||||||
9 | for his or her natural life. A conviction for an offense of | ||||||
10 | federal, Uniform Code of Military Justice, sister state, or | ||||||
11 | foreign country law that is substantially equivalent to any | ||||||
12 | offense listed in subsection (C-6) of this Section shall | ||||||
13 | constitute a conviction for the purpose of this Article. This | ||||||
14 | subsection (C-6) does not apply to those individuals released | ||||||
15 | from incarceration more than 10 years prior to January 1, 2012 | ||||||
16 | (the effective date of Public Act 97-154). | ||||||
17 | (D) As used in this Article, "law enforcement agency | ||||||
18 | having jurisdiction"
means the Chief of Police in each of the | ||||||
19 | municipalities in which the sex offender
expects to reside, | ||||||
20 | work, or attend school (1) upon his or her discharge,
parole or | ||||||
21 | release or
(2) during the service of his or her sentence of | ||||||
22 | probation or conditional
discharge, or the Sheriff of the | ||||||
23 | county, in the event no Police Chief exists
or if the offender | ||||||
24 | intends to reside, work, or attend school in an
unincorporated | ||||||
25 | area.
"Law enforcement agency having jurisdiction" includes | ||||||
26 | the location where
out-of-state students attend school and |
| |||||||
| |||||||
1 | where out-of-state employees are
employed or are otherwise | ||||||
2 | required to register.
| ||||||
3 | (D-1) As used in this Article, "supervising officer" means | ||||||
4 | the assigned Illinois Department of Corrections parole agent | ||||||
5 | or county probation officer. | ||||||
6 | (E) As used in this Article, "sexual predator" means any | ||||||
7 | person who,
after July 1, 1999, is:
| ||||||
8 | (1) Convicted for an offense of federal, Uniform Code | ||||||
9 | of Military
Justice, sister state, or foreign country law | ||||||
10 | that is substantially equivalent
to any offense listed in | ||||||
11 | subsection (E) or (E-5) of this Section shall constitute a
| ||||||
12 | conviction for the purpose of this Article.
Convicted of a | ||||||
13 | violation or attempted violation of any of the following
| ||||||
14 | Sections of the
Criminal Code of 1961 or the Criminal Code | ||||||
15 | of 2012:
| ||||||
16 | 10-5.1 (luring of a minor), | ||||||
17 | 11-14.4 that involves keeping a place of juvenile | ||||||
18 | prostitution, or 11-17.1 (keeping a place of juvenile | ||||||
19 | prostitution),
| ||||||
20 | subdivision (a)(2) or (a)(3) of Section 11-14.4, | ||||||
21 | or Section 11-19.1 (juvenile pimping),
| ||||||
22 | subdivision (a)(4) of Section 11-14.4, or Section | ||||||
23 | 11-19.2 (exploitation of a child),
| ||||||
24 | 11-20.1 (child pornography),
| ||||||
25 | 11-20.1B or 11-20.3 (aggravated child | ||||||
26 | pornography), |
| |||||||
| |||||||
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 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
7 | abuse),
| ||||||
8 | 12-33 (ritualized abuse of a child);
| ||||||
9 | (2) (blank);
| ||||||
10 | (3) declared as a sexually dangerous person pursuant | ||||||
11 | to the Sexually
Dangerous Persons Act or any substantially | ||||||
12 | similar federal, Uniform Code of
Military Justice, sister | ||||||
13 | state, or
foreign country law;
| ||||||
14 | (4) found to be a sexually violent person pursuant to | ||||||
15 | the Sexually Violent
Persons Commitment Act or any | ||||||
16 | substantially similar federal, Uniform Code of
Military | ||||||
17 | Justice, sister state, or
foreign country law;
| ||||||
18 | (5) convicted of a second or subsequent offense which | ||||||
19 | requires
registration pursuant to this Act. For purposes | ||||||
20 | of this paragraph
(5), "convicted" shall include a | ||||||
21 | conviction under any
substantially similar
Illinois, | ||||||
22 | federal, Uniform Code of Military Justice, sister state, | ||||||
23 | or
foreign country law;
| ||||||
24 | (6) (blank); or | ||||||
25 | (7) if the person was convicted of an offense set | ||||||
26 | forth in this subsection (E) on or before July 1, 1999, the |
| |||||||
| |||||||
1 | person is a sexual predator for whom registration is | ||||||
2 | required only when the person is convicted of a felony | ||||||
3 | offense after July 1, 2011, and paragraph (2.1) of | ||||||
4 | subsection (c) of Section 3 of this Act applies. | ||||||
5 | (E-5) As used in this Article, "sexual predator" also | ||||||
6 | means a person convicted of a violation or attempted violation | ||||||
7 | of any of the following
Sections of the
Criminal Code of 1961 | ||||||
8 | or the Criminal Code of 2012: | ||||||
9 | (1) Section 9-1 (first degree murder,
when the victim | ||||||
10 | was a person under 18 years of age and the defendant was at | ||||||
11 | least
17 years of age at the time of the commission of the | ||||||
12 | offense, provided the offense was sexually motivated as | ||||||
13 | defined in Section 10 of the Sex Offender Management Board | ||||||
14 | Act); | ||||||
15 | (2) Section 11-9.5 (sexual misconduct with a person | ||||||
16 | with a disability); | ||||||
17 | (3) when the victim is a person under 18 years of age, | ||||||
18 | the
defendant is not a parent of the victim, the offense | ||||||
19 | was sexually motivated as defined in Section 10 of the Sex | ||||||
20 | Offender Management Board Act, and the offense was | ||||||
21 | committed on or
after January 1, 1996: (A) Section 10-1 | ||||||
22 | (kidnapping), (B) Section 10-2 (aggravated kidnapping), | ||||||
23 | (C) Section 10-3 (unlawful restraint), and (D) Section | ||||||
24 | 10-3.1 (aggravated unlawful restraint); and | ||||||
25 | (4) Section 10-5(b)(10) (child abduction committed by | ||||||
26 | luring or
attempting to lure a child under the age of 16 |
| |||||||
| |||||||
1 | into a motor vehicle, building,
house trailer, or dwelling | ||||||
2 | place without the consent of the parent or lawful
| ||||||
3 | custodian of the child for other than a lawful purpose and | ||||||
4 | the offense was
committed on or after January 1, 1998, | ||||||
5 | provided the offense was sexually motivated as defined in | ||||||
6 | Section 10 of the Sex Offender Management Board Act). | ||||||
7 | (E-10) As used in this Article, "sexual predator" also | ||||||
8 | means a person required to register in another State due to a | ||||||
9 | conviction, adjudication or other action of any court | ||||||
10 | triggering an obligation to register as a sex offender, sexual | ||||||
11 | predator, or substantially similar status under the laws of | ||||||
12 | that State. | ||||||
13 | (F) As used in this Article, "out-of-state student" means | ||||||
14 | any sex
offender, as defined in this Section,
or sexual | ||||||
15 | predator who is enrolled in Illinois, on a full-time or | ||||||
16 | part-time
basis, in any public or private educational | ||||||
17 | institution, including, but not
limited to, any secondary | ||||||
18 | school, trade or professional institution, or
institution of | ||||||
19 | higher learning.
| ||||||
20 | (G) As used in this Article, "out-of-state employee" means | ||||||
21 | any sex
offender, as defined in this Section,
or sexual | ||||||
22 | predator who works in Illinois, regardless of whether the | ||||||
23 | individual
receives payment for services performed, for a | ||||||
24 | period of time of 10 or more days
or for an aggregate period of | ||||||
25 | time of 30 or more days
during any calendar year.
Persons who | ||||||
26 | operate motor vehicles in the State accrue one day of |
| |||||||
| |||||||
1 | employment
time for any portion of a day spent in Illinois.
| ||||||
2 | (H) As used in this Article, "school" means any public or | ||||||
3 | private educational institution, including, but not limited | ||||||
4 | to, any elementary or secondary school, trade or professional | ||||||
5 | institution, or institution of higher education. | ||||||
6 | (I) As used in this Article, "fixed residence" means any | ||||||
7 | and all places that a sex offender resides for an aggregate | ||||||
8 | period of time of 5 or more days in a calendar year.
| ||||||
9 | (J) As used in this Article, "Internet protocol address" | ||||||
10 | means the string of numbers by which a location on the Internet | ||||||
11 | is identified by routers or other computers connected to the | ||||||
12 | Internet. | ||||||
13 | (Source: P.A. 100-428, eff. 1-1-18 .)
|