Bill Text: IL SB2526 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Sex Offender Registration Act. Includes a violation or attempted violation of involuntary sexual servitude of a minor or trafficking in persons based on involuntary sexual servitude of a minor as a sex offense for purposes of registration.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Engrossed) 2018-05-18 - Rule 19(a) / Re-referred to Rules Committee [SB2526 Detail]

Download: Illinois-2017-SB2526-Engrossed.html



SB2526 EngrossedLRB100 17209 RLC 32367 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 5. 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

SB2526 Engrossed- 2 -LRB100 17209 RLC 32367 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

SB2526 Engrossed- 3 -LRB100 17209 RLC 32367 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:

SB2526 Engrossed- 4 -LRB100 17209 RLC 32367 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),

SB2526 Engrossed- 5 -LRB100 17209 RLC 32367 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

SB2526 Engrossed- 6 -LRB100 17209 RLC 32367 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

SB2526 Engrossed- 7 -LRB100 17209 RLC 32367 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

SB2526 Engrossed- 8 -LRB100 17209 RLC 32367 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 (b) or (d) if the victim is under 18 years of
15 age or a violation of subsection (c) of Section 10-9 of the
16 Criminal Code of 2012 (trafficking in persons, involuntary
17 servitude, and related offenses), if the person was
18 convicted on or after the effective date of this amendatory
19 Act of the 100th General Assembly.
20 (2) A violation of any former law of this State
21 substantially equivalent to any offense listed in
22 subsection (B) of this Section.
23 (C) A conviction for an offense of federal law, Uniform
24Code of Military Justice, or the law of another state or a
25foreign country that is substantially equivalent to any offense
26listed in subsections (B), (C), (E), and (E-5) of this Section

SB2526 Engrossed- 9 -LRB100 17209 RLC 32367 b
1shall constitute a conviction for the purpose of this Article.
2A finding or adjudication as a sexually dangerous person or a
3sexually violent person under any federal law, Uniform Code of
4Military Justice, or the law of another state or foreign
5country that is substantially equivalent to the Sexually
6Dangerous Persons Act or the Sexually Violent Persons
7Commitment Act shall constitute an adjudication for the
8purposes of this Article.
9 (C-5) A person at least 17 years of age at the time of the
10commission of the offense who is convicted of first degree
11murder under Section 9-1 of the Criminal Code of 1961 or the
12Criminal Code of 2012, against a person under 18 years of age,
13shall be required to register for natural life. A conviction
14for an offense of federal, Uniform Code of Military Justice,
15sister state, or foreign country law that is substantially
16equivalent to any offense listed in subsection (C-5) of this
17Section shall constitute a conviction for the purpose of this
18Article. This subsection (C-5) applies to a person who
19committed the offense before June 1, 1996 if: (i) the person is
20incarcerated in an Illinois Department of Corrections facility
21on August 20, 2004 (the effective date of Public Act 93-977),
22or (ii) subparagraph (i) does not apply and the person is
23convicted of any felony after July 1, 2011, and paragraph (2.1)
24of subsection (c) of Section 3 of this Act applies.
25 (C-6) A person who is convicted or adjudicated delinquent
26of first degree murder as defined in Section 9-1 of the

SB2526 Engrossed- 10 -LRB100 17209 RLC 32367 b
1Criminal Code of 1961 or the Criminal Code of 2012, against a
2person 18 years of age or over, shall be required to register
3for his or her natural life. A conviction for an offense of
4federal, Uniform Code of Military Justice, sister state, or
5foreign country law that is substantially equivalent to any
6offense listed in subsection (C-6) of this Section shall
7constitute a conviction for the purpose of this Article. This
8subsection (C-6) does not apply to those individuals released
9from incarceration more than 10 years prior to January 1, 2012
10(the effective date of Public Act 97-154).
11 (D) As used in this Article, "law enforcement agency having
12jurisdiction" means the Chief of Police in each of the
13municipalities in which the sex offender expects to reside,
14work, or attend school (1) upon his or her discharge, parole or
15release or (2) during the service of his or her sentence of
16probation or conditional discharge, or the Sheriff of the
17county, in the event no Police Chief exists or if the offender
18intends to reside, work, or attend school in an unincorporated
19area. "Law enforcement agency having jurisdiction" includes
20the location where out-of-state students attend school and
21where out-of-state employees are employed or are otherwise
22required to register.
23 (D-1) As used in this Article, "supervising officer" means
24the assigned Illinois Department of Corrections parole agent or
25county probation officer.
26 (E) As used in this Article, "sexual predator" means any

SB2526 Engrossed- 11 -LRB100 17209 RLC 32367 b
1person who, after July 1, 1999, is:
2 (1) Convicted for an offense of federal, Uniform Code
3 of Military Justice, sister state, or foreign country law
4 that is substantially equivalent to any offense listed in
5 subsection (E) or (E-5) of this Section shall constitute a
6 conviction for the purpose of this Article. Convicted of a
7 violation or attempted violation of any of the following
8 Sections of the Criminal Code of 1961 or the Criminal Code
9 of 2012:
10 10-5.1 (luring of a minor),
11 11-14.4 that involves keeping a place of juvenile
12 prostitution, or 11-17.1 (keeping a place of juvenile
13 prostitution),
14 subdivision (a)(2) or (a)(3) of Section 11-14.4,
15 or Section 11-19.1 (juvenile pimping),
16 subdivision (a)(4) of Section 11-14.4, or Section
17 11-19.2 (exploitation of a child),
18 11-20.1 (child pornography),
19 11-20.1B or 11-20.3 (aggravated child
20 pornography),
21 11-1.20 or 12-13 (criminal sexual assault),
22 11-1.30 or 12-14 (aggravated criminal sexual
23 assault),
24 11-1.40 or 12-14.1 (predatory criminal sexual
25 assault of a child),
26 11-1.60 or 12-16 (aggravated criminal sexual

SB2526 Engrossed- 12 -LRB100 17209 RLC 32367 b
1 abuse),
2 12-33 (ritualized abuse of a child);
3 (2) (blank);
4 (3) declared as a sexually dangerous person pursuant to
5 the Sexually Dangerous Persons Act or any substantially
6 similar federal, Uniform Code of Military Justice, sister
7 state, or foreign country law;
8 (4) found to be a sexually violent person pursuant to
9 the Sexually Violent Persons Commitment Act or any
10 substantially similar federal, Uniform Code of Military
11 Justice, sister state, or foreign country law;
12 (5) convicted of a second or subsequent offense which
13 requires registration pursuant to this Act. For purposes of
14 this paragraph (5), "convicted" shall include a conviction
15 under any substantially similar Illinois, federal, Uniform
16 Code of Military Justice, sister state, or foreign country
17 law;
18 (6) (blank); or
19 (7) if the person was convicted of an offense set forth
20 in this subsection (E) on or before July 1, 1999, the
21 person is a sexual predator for whom registration is
22 required only when the person is convicted of a felony
23 offense after July 1, 2011, and paragraph (2.1) of
24 subsection (c) of Section 3 of this Act applies.
25 (E-5) As used in this Article, "sexual predator" also means
26a person convicted of a violation or attempted violation of any

SB2526 Engrossed- 13 -LRB100 17209 RLC 32367 b
1of the following Sections of the Criminal Code of 1961 or the
2Criminal Code of 2012:
3 (1) Section 9-1 (first degree murder, when the victim
4 was a person under 18 years of age and the defendant was at
5 least 17 years of age at the time of the commission of the
6 offense, provided the offense was sexually motivated as
7 defined in Section 10 of the Sex Offender Management Board
8 Act);
9 (2) Section 11-9.5 (sexual misconduct with a person
10 with a disability);
11 (3) when the victim is a person under 18 years of age,
12 the defendant is not a parent of the victim, the offense
13 was sexually motivated as defined in Section 10 of the Sex
14 Offender Management Board Act, and the offense was
15 committed on or after January 1, 1996: (A) Section 10-1
16 (kidnapping), (B) Section 10-2 (aggravated kidnapping),
17 (C) Section 10-3 (unlawful restraint), and (D) Section
18 10-3.1 (aggravated unlawful restraint); and
19 (4) Section 10-5(b)(10) (child abduction committed by
20 luring or attempting to lure a child under the age of 16
21 into a motor vehicle, building, house trailer, or dwelling
22 place without the consent of the parent or lawful custodian
23 of the child for other than a lawful purpose and the
24 offense was committed on or after January 1, 1998, provided
25 the offense was sexually motivated as defined in Section 10
26 of the Sex Offender Management Board Act).

SB2526 Engrossed- 14 -LRB100 17209 RLC 32367 b
1 (E-10) As used in this Article, "sexual predator" also
2means a person required to register in another State due to a
3conviction, adjudication or other action of any court
4triggering an obligation to register as a sex offender, sexual
5predator, or substantially similar status under the laws of
6that State.
7 (F) As used in this Article, "out-of-state student" means
8any sex offender, as defined in this Section, or sexual
9predator who is enrolled in Illinois, on a full-time or
10part-time basis, in any public or private educational
11institution, including, but not limited to, any secondary
12school, trade or professional institution, or institution of
13higher learning.
14 (G) As used in this Article, "out-of-state employee" means
15any sex offender, as defined in this Section, or sexual
16predator who works in Illinois, regardless of whether the
17individual receives payment for services performed, for a
18period of time of 10 or more days or for an aggregate period of
19time of 30 or more days during any calendar year. Persons who
20operate motor vehicles in the State accrue one day of
21employment time for any portion of a day spent in Illinois.
22 (H) As used in this Article, "school" means any public or
23private educational institution, including, but not limited
24to, any elementary or secondary school, trade or professional
25institution, or institution of higher education.
26 (I) As used in this Article, "fixed residence" means any

SB2526 Engrossed- 15 -LRB100 17209 RLC 32367 b
1and all places that a sex offender resides for an aggregate
2period of time of 5 or more days in a calendar year.
3 (J) As used in this Article, "Internet protocol address"
4means the string of numbers by which a location on the Internet
5is identified by routers or other computers connected to the
6Internet.
7(Source: P.A. 100-428, eff. 1-1-18.)
feedback