101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3980

 

Introduced , by Rep. Mark Batinick

 

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

    Amends the Sex Offender Registration Act. Provides for registration under the Act of a person convicted of a battery if: (1) the State's Attorney filed a notice contemporaneous with or included in the summons, complaint, or other document charging the battery to seek sex offender registration under the provision as a sexually motivated battery; (2) the complaining witness is under 17 years of age; (3) the offender is 21 years of age or older; and (4) the court finds that the battery was "sexually motivated" as defined in the Sex Offender Management Board Act.


LRB101 15697 RLC 65052 b

 

 

A BILL FOR

 

HB3980LRB101 15697 RLC 65052 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

 

 

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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

 

 

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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; or .
17        (6) convicted of a battery if: (i) the State's Attorney
18    filed a notice contemporaneous with or included in the
19    summons, complaint, or other document charging the battery
20    to seek sex offender registration this paragraph (6) as a
21    sexually motivated battery; (ii) the complaining witness
22    is under 17 years of age; (iii) the offender is 21 years of
23    age or older; and (iv) the court finds that the battery was
24    "sexually motivated" as defined in subsection (e) of
25    Section 10 of the Sex Offender Management Board Act.
26    Convictions that result from or are connected with the same

 

 

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1act, or result from offenses committed at the same time, shall
2be counted for the purpose of this Article as one conviction.
3Any conviction set aside pursuant to law is not a conviction
4for purposes of this Article.
5     For purposes of this Section, "convicted" shall have the
6same meaning as "adjudicated".
7    (B) As used in this Article, "sex offense" means:
8        (1) A violation of any of the following Sections of the
9    Criminal Code of 1961 or the Criminal Code of 2012:
10            11-20.1 (child pornography),
11            11-20.1B or 11-20.3 (aggravated child
12        pornography),
13            11-6 (indecent solicitation of a child),
14            11-9.1 (sexual exploitation of a child),
15            11-9.2 (custodial sexual misconduct),
16            11-9.5 (sexual misconduct with a person with a
17        disability),
18            11-14.4 (promoting juvenile prostitution),
19            11-15.1 (soliciting for a juvenile prostitute),
20            11-18.1 (patronizing a juvenile prostitute),
21            11-17.1 (keeping a place of juvenile
22        prostitution),
23            11-19.1 (juvenile pimping),
24            11-19.2 (exploitation of a child),
25            11-25 (grooming),
26            11-26 (traveling to meet a minor or traveling to

 

 

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1        meet a child),
2            11-1.20 or 12-13 (criminal sexual assault),
3            11-1.30 or 12-14 (aggravated criminal sexual
4        assault),
5            11-1.40 or 12-14.1 (predatory criminal sexual
6        assault of a child),
7            11-1.50 or 12-15 (criminal sexual abuse),
8            11-1.60 or 12-16 (aggravated criminal sexual
9        abuse),
10            12-33 (ritualized abuse of a child).
11            An attempt to commit any of these offenses.
12        (1.5) A violation of any of the following Sections of
13    the Criminal Code of 1961 or the Criminal Code of 2012,
14    when the victim is a person under 18 years of age, the
15    defendant is not a parent of the victim, the offense was
16    sexually motivated as defined in Section 10 of the Sex
17    Offender Evaluation and Treatment Act, and the offense was
18    committed on or after January 1, 1996:
19            10-1 (kidnapping),
20            10-2 (aggravated kidnapping),
21            10-3 (unlawful restraint),
22            10-3.1 (aggravated unlawful restraint).
23        If the offense was committed before January 1, 1996, it
24    is a sex offense requiring registration only when the
25    person is convicted of any felony after July 1, 2011, and
26    paragraph (2.1) of subsection (c) of Section 3 of this Act

 

 

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1    applies.
2        (1.6) First degree murder under Section 9-1 of the
3    Criminal Code of 1961 or the Criminal Code of 2012,
4    provided the offense was sexually motivated as defined in
5    Section 10 of the Sex Offender Management Board Act.
6        (1.7) (Blank).
7        (1.8) A violation or attempted violation of Section
8    11-11 (sexual relations within families) of the Criminal
9    Code of 1961 or the Criminal Code of 2012, and the offense
10    was committed on or after June 1, 1997. If the offense was
11    committed before June 1, 1997, it is a sex offense
12    requiring registration only when the person is convicted of
13    any felony after July 1, 2011, and paragraph (2.1) of
14    subsection (c) of Section 3 of this Act applies.
15        (1.9) Child abduction under paragraph (10) of
16    subsection (b) of Section 10-5 of the Criminal Code of 1961
17    or the Criminal Code of 2012 committed by luring or
18    attempting to lure a child under the age of 16 into a motor
19    vehicle, building, house trailer, or dwelling place
20    without the consent of the parent or lawful custodian of
21    the child for other than a lawful purpose and the offense
22    was committed on or after January 1, 1998, provided the
23    offense was sexually motivated as defined in Section 10 of
24    the Sex Offender Management Board Act. If the offense was
25    committed before January 1, 1998, it is a sex offense
26    requiring registration only when the person is convicted of

 

 

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1    any felony after July 1, 2011, and paragraph (2.1) of
2    subsection (c) of Section 3 of this Act applies.
3        (1.10) A violation or attempted violation of any of the
4    following Sections of the Criminal Code of 1961 or the
5    Criminal Code of 2012 when the offense was committed on or
6    after July 1, 1999:
7            10-4 (forcible detention, if the victim is under 18
8        years of age), provided the offense was sexually
9        motivated as defined in Section 10 of the Sex Offender
10        Management Board Act,
11            11-6.5 (indecent solicitation of an adult),
12            11-14.3 that involves soliciting for a prostitute,
13        or 11-15 (soliciting for a prostitute, if the victim is
14        under 18 years of age),
15            subdivision (a)(2)(A) or (a)(2)(B) of Section
16        11-14.3, or Section 11-16 (pandering, if the victim is
17        under 18 years of age),
18            11-18 (patronizing a prostitute, if the victim is
19        under 18 years of age),
20            subdivision (a)(2)(C) of Section 11-14.3, or
21        Section 11-19 (pimping, if the victim is under 18 years
22        of age).
23        If the offense was committed before July 1, 1999, it is
24    a sex offense requiring registration only when the person
25    is convicted of any felony after July 1, 2011, and
26    paragraph (2.1) of subsection (c) of Section 3 of this Act

 

 

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1    applies.
2        (1.11) A violation or attempted violation of any of the
3    following Sections of the Criminal Code of 1961 or the
4    Criminal Code of 2012 when the offense was committed on or
5    after August 22, 2002:
6            11-9 or 11-30 (public indecency for a third or
7        subsequent conviction).
8        If the third or subsequent conviction was imposed
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        (1.12) A violation or attempted violation of Section
14    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
15    Criminal Code of 1961 or the Criminal Code of 2012
16    (permitting sexual abuse) when the offense was committed on
17    or after August 22, 2002. If the offense was committed
18    before August 22, 2002, it is a sex offense requiring
19    registration only when the person is convicted of any
20    felony after July 1, 2011, and paragraph (2.1) of
21    subsection (c) of Section 3 of this Act applies.
22        (2) A violation of any former law of this State
23    substantially equivalent to any offense listed in
24    subsection (B) of this Section.
25    (C) A conviction for an offense of federal law, Uniform
26Code of Military Justice, or the law of another state or a

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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