Rep. Mark Batinick

Filed: 3/6/2019

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 886

2    AMENDMENT NO. ______. Amend House Bill 886 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1            (b) is found not guilty by reason of insanity of
2        such offense or an attempt to commit such offense; or
3            (c) is found not guilty by reason of insanity
4        pursuant to Section 104-25(c) of the Code of Criminal
5        Procedure of 1963 of such offense or an attempt to
6        commit such offense; or
7            (d) is the subject of a finding not resulting in an
8        acquittal at a hearing conducted pursuant to Section
9        104-25(a) of the Code of Criminal Procedure of 1963 for
10        the alleged commission or attempted commission of such
11        offense; or
12            (e) is found not guilty by reason of insanity
13        following 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(c) of the Code of Criminal Procedure of 1963 of
17        such offense or of the attempted commission of such
18        offense; or
19            (f) is the subject of a finding not resulting in an
20        acquittal at a hearing conducted pursuant to a federal,
21        Uniform Code of Military Justice, sister state, or
22        foreign country law substantially similar to Section
23        104-25(a) of the Code of Criminal Procedure of 1963 for
24        the alleged violation or attempted commission of such
25        offense; or
26        (2) declared as a sexually dangerous person pursuant to

 

 

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1    the Illinois Sexually Dangerous Persons Act, or any
2    substantially similar federal, Uniform Code of Military
3    Justice, sister state, or foreign country law; or
4        (3) subject to the provisions of Section 2 of the
5    Interstate Agreements on Sexually Dangerous Persons Act;
6    or
7        (4) found to be a sexually violent person pursuant to
8    the Sexually Violent Persons Commitment Act or any
9    substantially similar federal, Uniform Code of Military
10    Justice, sister state, or foreign country law; or
11        (5) adjudicated a juvenile delinquent as the result of
12    committing or attempting to commit an act which, if
13    committed by an adult, would constitute any of the offenses
14    specified in item (B), (C), or (C-5) of this Section or a
15    violation of any substantially similar federal, Uniform
16    Code of Military Justice, sister state, or foreign country
17    law, or found guilty under Article V of the Juvenile Court
18    Act of 1987 of committing or attempting to commit an act
19    which, if committed by an adult, would constitute any of
20    the offenses specified in item (B), (C), or (C-5) of this
21    Section or a violation of any substantially similar
22    federal, Uniform Code of Military Justice, sister state, or
23    foreign country law; or .
24        (6) convicted of a battery if: (1) the State's
25    Attorney's office filed a notice contemporaneous with or
26    included in the summons, complaint, or other document

 

 

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1    charging the battery to seek sex offender registration
2    under this paragraph (6) as a sexually motivated battery;
3    (2) the complaining witness is under 17 years of age; (3)
4    the offender is 21 years of age or older; and (4) the court
5    finds that the battery was "sexually motivated" as defined
6    in subsection (e) of Section 10 of the Sex Offender
7    Management Board Act.
8    Convictions that result from or are connected with the same
9act, or result from offenses committed at the same time, shall
10be counted for the purpose of this Article as one conviction.
11Any conviction set aside pursuant to law is not a conviction
12for purposes of this Article.
13     For purposes of this Section, "convicted" shall have the
14same meaning as "adjudicated".
15    (B) As used in this Article, "sex offense" means:
16        (1) A violation of any of the following Sections of the
17    Criminal Code of 1961 or the Criminal Code of 2012:
18            11-20.1 (child pornography),
19            11-20.1B or 11-20.3 (aggravated child
20        pornography),
21            11-6 (indecent solicitation of a child),
22            11-9.1 (sexual exploitation of a child),
23            11-9.2 (custodial sexual misconduct),
24            11-9.5 (sexual misconduct with a person with a
25        disability),
26            11-14.4 (promoting juvenile prostitution),

 

 

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1            11-15.1 (soliciting for a juvenile prostitute),
2            11-18.1 (patronizing a juvenile prostitute),
3            11-17.1 (keeping a place of juvenile
4        prostitution),
5            11-19.1 (juvenile pimping),
6            11-19.2 (exploitation of a child),
7            11-25 (grooming),
8            11-26 (traveling to meet a minor or traveling to
9        meet a child),
10            11-1.20 or 12-13 (criminal sexual assault),
11            11-1.30 or 12-14 (aggravated criminal sexual
12        assault),
13            11-1.40 or 12-14.1 (predatory criminal sexual
14        assault of a child),
15            11-1.50 or 12-15 (criminal sexual abuse),
16            11-1.60 or 12-16 (aggravated criminal sexual
17        abuse),
18            12-33 (ritualized abuse of a child).
19            An attempt to commit any of these offenses.
20        (1.5) A violation of any of the following Sections of
21    the Criminal Code of 1961 or the Criminal Code of 2012,
22    when the victim is a person under 18 years of age, the
23    defendant is not a parent of the victim, the offense was
24    sexually motivated as defined in Section 10 of the Sex
25    Offender Evaluation and Treatment Act, and the offense was
26    committed on or after January 1, 1996:

 

 

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1            10-1 (kidnapping),
2            10-2 (aggravated kidnapping),
3            10-3 (unlawful restraint),
4            10-3.1 (aggravated unlawful restraint).
5        If the offense was committed before January 1, 1996, it
6    is a sex offense requiring registration only when the
7    person is convicted of any felony after July 1, 2011, and
8    paragraph (2.1) of subsection (c) of Section 3 of this Act
9    applies.
10        (1.6) First degree murder under Section 9-1 of the
11    Criminal Code of 1961 or the Criminal Code of 2012,
12    provided the offense was sexually motivated as defined in
13    Section 10 of the Sex Offender Management Board Act.
14        (1.7) (Blank).
15        (1.8) A violation or attempted violation of Section
16    11-11 (sexual relations within families) of the Criminal
17    Code of 1961 or the Criminal Code of 2012, and the offense
18    was committed on or after June 1, 1997. If the offense was
19    committed before June 1, 1997, it is a sex offense
20    requiring registration only when the person is convicted of
21    any felony after July 1, 2011, and paragraph (2.1) of
22    subsection (c) of Section 3 of this Act applies.
23        (1.9) Child abduction under paragraph (10) of
24    subsection (b) of Section 10-5 of the Criminal Code of 1961
25    or the Criminal Code of 2012 committed by luring or
26    attempting to lure a child under the age of 16 into a motor

 

 

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1    vehicle, building, house trailer, or dwelling place
2    without the consent of the parent or lawful custodian of
3    the child for other than a lawful purpose and the offense
4    was committed on or after January 1, 1998, provided the
5    offense was sexually motivated as defined in Section 10 of
6    the Sex Offender Management Board Act. If the offense was
7    committed before January 1, 1998, it is a sex offense
8    requiring registration only when the person is convicted of
9    any felony after July 1, 2011, and paragraph (2.1) of
10    subsection (c) of Section 3 of this Act applies.
11        (1.10) A violation or attempted violation of any of the
12    following Sections of the Criminal Code of 1961 or the
13    Criminal Code of 2012 when the offense was committed on or
14    after July 1, 1999:
15            10-4 (forcible detention, if the victim is under 18
16        years of age), provided the offense was sexually
17        motivated as defined in Section 10 of the Sex Offender
18        Management Board Act,
19            11-6.5 (indecent solicitation of an adult),
20            11-14.3 that involves soliciting for a prostitute,
21        or 11-15 (soliciting for a prostitute, if the victim is
22        under 18 years of age),
23            subdivision (a)(2)(A) or (a)(2)(B) of Section
24        11-14.3, or Section 11-16 (pandering, if the victim is
25        under 18 years of age),
26            11-18 (patronizing a prostitute, if the victim is

 

 

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1        under 18 years of age),
2            subdivision (a)(2)(C) of Section 11-14.3, or
3        Section 11-19 (pimping, if the victim is under 18 years
4        of age).
5        If the offense was committed before July 1, 1999, it is
6    a sex offense requiring registration only when the person
7    is convicted of any felony after July 1, 2011, and
8    paragraph (2.1) of subsection (c) of Section 3 of this Act
9    applies.
10        (1.11) A violation or attempted violation of any of the
11    following Sections of the Criminal Code of 1961 or the
12    Criminal Code of 2012 when the offense was committed on or
13    after August 22, 2002:
14            11-9 or 11-30 (public indecency for a third or
15        subsequent conviction).
16        If the third or subsequent conviction was imposed
17    before August 22, 2002, it is a sex offense requiring
18    registration only when the person is convicted of any
19    felony after July 1, 2011, and paragraph (2.1) of
20    subsection (c) of Section 3 of this Act applies.
21        (1.12) A violation or attempted violation of Section
22    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
23    Criminal Code of 1961 or the Criminal Code of 2012
24    (permitting sexual abuse) when the offense was committed on
25    or after August 22, 2002. If the offense was committed
26    before August 22, 2002, it is a sex offense requiring

 

 

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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        (2) A violation of any former law of this State
5    substantially equivalent to any offense listed in
6    subsection (B) of this Section.
7    (C) A conviction for an offense of federal law, Uniform
8Code of Military Justice, or the law of another state or a
9foreign country that is substantially equivalent to any offense
10listed in subsections (B), (C), (E), and (E-5) of this Section
11shall constitute a conviction for the purpose of this Article.
12A finding or adjudication as a sexually dangerous person or a
13sexually violent person under any federal law, Uniform Code of
14Military Justice, or the law of another state or foreign
15country that is substantially equivalent to the Sexually
16Dangerous Persons Act or the Sexually Violent Persons
17Commitment Act shall constitute an adjudication for the
18purposes of this Article.
19    (C-5) A person at least 17 years of age at the time of the
20commission of the offense who is convicted of first degree
21murder under Section 9-1 of the Criminal Code of 1961 or the
22Criminal Code of 2012, against a person under 18 years of age,
23shall be required to register for natural life. A conviction
24for an offense of federal, Uniform Code of Military Justice,
25sister state, or foreign country law that is substantially
26equivalent to any offense listed in subsection (C-5) of this

 

 

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1Section shall constitute a conviction for the purpose of this
2Article. This subsection (C-5) applies to a person who
3committed the offense before June 1, 1996 if: (i) the person is
4incarcerated in an Illinois Department of Corrections facility
5on August 20, 2004 (the effective date of Public Act 93-977),
6or (ii) subparagraph (i) does not apply and the person is
7convicted of any felony after July 1, 2011, and paragraph (2.1)
8of subsection (c) of Section 3 of this Act applies.
9    (C-6) A person who is convicted or adjudicated delinquent
10of first degree murder as defined in Section 9-1 of the
11Criminal Code of 1961 or the Criminal Code of 2012, against a
12person 18 years of age or over, shall be required to register
13for his or her natural life. A conviction for an offense of
14federal, Uniform Code of Military Justice, sister state, or
15foreign country law that is substantially equivalent to any
16offense listed in subsection (C-6) of this Section shall
17constitute a conviction for the purpose of this Article. This
18subsection (C-6) does not apply to those individuals released
19from incarceration more than 10 years prior to January 1, 2012
20(the effective date of Public Act 97-154).
21    (D) As used in this Article, "law enforcement agency having
22jurisdiction" means the Chief of Police in each of the
23municipalities in which the sex offender expects to reside,
24work, or attend school (1) upon his or her discharge, parole or
25release or (2) during the service of his or her sentence of
26probation or conditional discharge, or the Sheriff of the

 

 

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1county, in the event no Police Chief exists or if the offender
2intends to reside, work, or attend school in an unincorporated
3area. "Law enforcement agency having jurisdiction" includes
4the location where out-of-state students attend school and
5where out-of-state employees are employed or are otherwise
6required to register.
7    (D-1) As used in this Article, "supervising officer" means
8the assigned Illinois Department of Corrections parole agent or
9county probation officer.
10    (E) As used in this Article, "sexual predator" means any
11person who, after July 1, 1999, is:
12        (1) Convicted for an offense of federal, Uniform Code
13    of Military Justice, sister state, or foreign country law
14    that is substantially equivalent to any offense listed in
15    subsection (E) or (E-5) of this Section shall constitute a
16    conviction for the purpose of this Article. Convicted of a
17    violation or attempted violation of any of the following
18    Sections of the Criminal Code of 1961 or the Criminal Code
19    of 2012:
20            10-5.1 (luring of a minor),
21            11-14.4 that involves keeping a place of juvenile
22        prostitution, or 11-17.1 (keeping a place of juvenile
23        prostitution),
24            subdivision (a)(2) or (a)(3) of Section 11-14.4,
25        or Section 11-19.1 (juvenile pimping),
26            subdivision (a)(4) of Section 11-14.4, or Section

 

 

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1        11-19.2 (exploitation of a child),
2            11-20.1 (child pornography),
3            11-20.1B or 11-20.3 (aggravated child
4        pornography),
5            11-1.20 or 12-13 (criminal sexual assault),
6            11-1.30 or 12-14 (aggravated criminal sexual
7        assault),
8            11-1.40 or 12-14.1 (predatory criminal sexual
9        assault of a child),
10            11-1.60 or 12-16 (aggravated criminal sexual
11        abuse),
12            12-33 (ritualized abuse of a child);
13        (2) (blank);
14        (3) declared as a sexually dangerous person pursuant to
15    the Sexually Dangerous Persons Act or any substantially
16    similar federal, Uniform Code of Military Justice, sister
17    state, or foreign country law;
18        (4) found to be a sexually violent person pursuant to
19    the Sexually Violent Persons Commitment Act or any
20    substantially similar federal, Uniform Code of Military
21    Justice, sister state, or foreign country law;
22        (5) convicted of a second or subsequent offense which
23    requires registration pursuant to this Act. For purposes of
24    this paragraph (5), "convicted" shall include a conviction
25    under any substantially similar Illinois, federal, Uniform
26    Code of Military Justice, sister state, or foreign country

 

 

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1    law;
2        (6) (blank); or
3        (7) if the person was convicted of an offense set forth
4    in this subsection (E) on or before July 1, 1999, the
5    person is a sexual predator for whom registration is
6    required only when the person is convicted of a felony
7    offense after July 1, 2011, and paragraph (2.1) of
8    subsection (c) of Section 3 of this Act applies.
9    (E-5) As used in this Article, "sexual predator" also means
10a person convicted of a violation or attempted violation of any
11of the following Sections of the Criminal Code of 1961 or the
12Criminal Code of 2012:
13        (1) Section 9-1 (first degree murder, when the victim
14    was a person under 18 years of age and the defendant was at
15    least 17 years of age at the time of the commission of the
16    offense, provided the offense was sexually motivated as
17    defined in Section 10 of the Sex Offender Management Board
18    Act);
19        (2) Section 11-9.5 (sexual misconduct with a person
20    with a disability);
21        (3) when the victim is a person under 18 years of age,
22    the defendant is not a parent of the victim, the offense
23    was sexually motivated as defined in Section 10 of the Sex
24    Offender Management Board Act, and the offense was
25    committed on or after January 1, 1996: (A) Section 10-1
26    (kidnapping), (B) Section 10-2 (aggravated kidnapping),

 

 

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1    (C) Section 10-3 (unlawful restraint), and (D) Section
2    10-3.1 (aggravated unlawful restraint); and
3        (4) Section 10-5(b)(10) (child abduction committed by
4    luring or attempting to lure a child under the age of 16
5    into a motor vehicle, building, house trailer, or dwelling
6    place without the consent of the parent or lawful custodian
7    of the child for other than a lawful purpose and the
8    offense was committed on or after January 1, 1998, provided
9    the offense was sexually motivated as defined in Section 10
10    of the Sex Offender Management Board Act).
11    (E-10) As used in this Article, "sexual predator" also
12means a person required to register in another State due to a
13conviction, adjudication or other action of any court
14triggering an obligation to register as a sex offender, sexual
15predator, or substantially similar status under the laws of
16that State.
17    (F) As used in this Article, "out-of-state student" means
18any sex offender, as defined in this Section, or sexual
19predator who is enrolled in Illinois, on a full-time or
20part-time basis, in any public or private educational
21institution, including, but not limited to, any secondary
22school, trade or professional institution, or institution of
23higher learning.
24    (G) As used in this Article, "out-of-state employee" means
25any sex offender, as defined in this Section, or sexual
26predator who works in Illinois, regardless of whether the

 

 

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1individual receives payment for services performed, for a
2period of time of 10 or more days or for an aggregate period of
3time of 30 or more days during any calendar year. Persons who
4operate motor vehicles in the State accrue one day of
5employment time for any portion of a day spent in Illinois.
6    (H) As used in this Article, "school" means any public or
7private educational institution, including, but not limited
8to, any elementary or secondary school, trade or professional
9institution, or institution of higher education.
10    (I) As used in this Article, "fixed residence" means any
11and all places that a sex offender resides for an aggregate
12period of time of 5 or more days in a calendar year.
13    (J) As used in this Article, "Internet protocol address"
14means the string of numbers by which a location on the Internet
15is identified by routers or other computers connected to the
16Internet.
17(Source: P.A. 100-428, eff. 1-1-18.)".