97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3287

 

Introduced 2/24/2011, by Rep. John D. Cavaletto - Dwight Kay - Patricia R. Bellock - Sidney H. Mathias

 

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

    Amends the Sex Offender Registration Act. Includes, in the definition of "sex offense", distributing harmful material to a minor.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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) certified as a sexually dangerous person pursuant
20    to 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.
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:

 

 

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1            11-20.1 (child pornography),
2            11-20.3 (aggravated child pornography),
3            11-6 (indecent solicitation of a child),
4            11-9.1 (sexual exploitation of a child),
5            11-9.2 (custodial sexual misconduct),
6            11-9.5 (sexual misconduct with a person with a
7        disability),
8            11-15.1 (soliciting for a juvenile prostitute),
9            11-18.1 (patronizing a juvenile prostitute),
10            11-17.1 (keeping a place of juvenile
11        prostitution),
12            11-19.1 (juvenile pimping),
13            11-19.2 (exploitation of a child),
14            11-21 (distributing harmful material to a minor),
15            11-25 (grooming),
16            11-26 (traveling to meet a minor),
17            12-13 (criminal sexual assault),
18            12-14 (aggravated criminal sexual assault),
19            12-14.1 (predatory criminal sexual assault of a
20        child),
21            12-15 (criminal sexual abuse),
22            12-16 (aggravated criminal sexual abuse),
23            12-33 (ritualized abuse of a child).
24            An attempt to commit any of these offenses.
25        (1.5) A violation of any of the following Sections of
26    the Criminal Code of 1961, when the victim is a person

 

 

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1    under 18 years of age, the defendant is not a parent of the
2    victim, the offense was sexually motivated as defined in
3    Section 10 of the Sex Offender Management Board Act, and
4    the offense was committed on or after January 1, 1996:
5            10-1 (kidnapping),
6            10-2 (aggravated kidnapping),
7            10-3 (unlawful restraint),
8            10-3.1 (aggravated unlawful restraint).
9        (1.6) First degree murder under Section 9-1 of the
10    Criminal Code of 1961, when the victim was a person under
11    18 years of age and the defendant was at least 17 years of
12    age at the time of the commission of the offense, provided
13    the offense was sexually motivated as defined in Section 10
14    of the Sex Offender Management Board Act.
15        (1.7) (Blank).
16        (1.8) A violation or attempted violation of Section
17    11-11 (sexual relations within families) of the Criminal
18    Code of 1961, and the offense was committed on or after
19    June 1, 1997.
20        (1.9) Child abduction under paragraph (10) of
21    subsection (b) of Section 10-5 of the Criminal Code of 1961
22    committed by luring or attempting to lure a child under the
23    age of 16 into a motor vehicle, building, house trailer, or
24    dwelling place without the consent of the parent or lawful
25    custodian of the child for other than a lawful purpose and
26    the offense was committed on or after January 1, 1998,

 

 

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1    provided the offense was sexually motivated as defined in
2    Section 10 of the Sex Offender Management Board Act.
3        (1.10) A violation or attempted violation of any of the
4    following Sections of the Criminal Code of 1961 when the
5    offense was committed on or after July 1, 1999:
6            10-4 (forcible detention, if the victim is under 18
7        years of age), provided the offense was sexually
8        motivated as defined in Section 10 of the Sex Offender
9        Management Board Act,
10            11-6.5 (indecent solicitation of an adult),
11            11-15 (soliciting for a prostitute, if the victim
12        is under 18 years of age),
13            11-16 (pandering, if the victim is under 18 years
14        of age),
15            11-18 (patronizing a prostitute, if the victim is
16        under 18 years of age),
17            11-19 (pimping, if the victim is under 18 years of
18        age).
19        (1.11) A violation or attempted violation of any of the
20    following Sections of the Criminal Code of 1961 when the
21    offense was committed on or after August 22, 2002:
22            11-9 (public indecency for a third or subsequent
23        conviction).
24        (1.12) A violation or attempted violation of Section
25    5.1 of the Wrongs to Children Act (permitting sexual abuse)
26    when the offense was committed on or after August 22, 2002.

 

 

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1        (2) A violation of any former law of this State
2    substantially equivalent to any offense listed in
3    subsection (B) of this Section.
4    (C) A conviction for an offense of federal law, Uniform
5Code of Military Justice, or the law of another state or a
6foreign country that is substantially equivalent to any offense
7listed in subsections (B), (C), (E), and (E-5) of this Section
8shall constitute a conviction for the purpose of this Article.
9A finding or adjudication as a sexually dangerous person or a
10sexually violent person under any federal law, Uniform Code of
11Military Justice, or the law of another state or foreign
12country that is substantially equivalent to the Sexually
13Dangerous Persons Act or the Sexually Violent Persons
14Commitment Act shall constitute an adjudication for the
15purposes of this Article.
16    (C-5) A person at least 17 years of age at the time of the
17commission of the offense who is convicted of first degree
18murder under Section 9-1 of the Criminal Code of 1961, against
19a person under 18 years of age, shall be required to register
20for natural life. A conviction for an offense of federal,
21Uniform Code of Military Justice, sister state, or foreign
22country law that is substantially equivalent to any offense
23listed in subsection (C-5) of this Section shall constitute a
24conviction for the purpose of this Article. This subsection
25(C-5) applies to a person who committed the offense before June
261, 1996 only if the person is incarcerated in an Illinois

 

 

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1Department of Corrections facility on August 20, 2004 (the
2effective date of Public Act 93-977).
3    (D) As used in this Article, "law enforcement agency having
4jurisdiction" means the Chief of Police in each of the
5municipalities in which the sex offender expects to reside,
6work, or attend school (1) upon his or her discharge, parole or
7release or (2) during the service of his or her sentence of
8probation or conditional discharge, or the Sheriff of the
9county, in the event no Police Chief exists or if the offender
10intends to reside, work, or attend school in an unincorporated
11area. "Law enforcement agency having jurisdiction" includes
12the location where out-of-state students attend school and
13where out-of-state employees are employed or are otherwise
14required to register.
15    (D-1) As used in this Article, "supervising officer" means
16the assigned Illinois Department of Corrections parole agent or
17county probation officer.
18    (E) As used in this Article, "sexual predator" means any
19person who, after July 1, 1999, is:
20        (1) Convicted for an offense of federal, Uniform Code
21    of Military Justice, sister state, or foreign country law
22    that is substantially equivalent to any offense listed in
23    subsection (E) or (E-5) of this Section shall constitute a
24    conviction for the purpose of this Article. Convicted of a
25    violation or attempted violation of any of the following
26    Sections of the Criminal Code of 1961, if the conviction

 

 

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1    occurred after July 1, 1999:
2            11-17.1 (keeping a place of juvenile
3        prostitution),
4            11-19.1 (juvenile pimping),
5            11-19.2 (exploitation of a child),
6            11-20.1 (child pornography),
7            11-20.3 (aggravated child pornography),
8            12-13 (criminal sexual assault),
9            12-14 (aggravated criminal sexual assault),
10            12-14.1 (predatory criminal sexual assault of a
11        child),
12            12-16 (aggravated criminal sexual abuse),
13            12-33 (ritualized abuse of a child);
14        (2) (blank);
15        (3) certified as a sexually dangerous person pursuant
16    to the Sexually Dangerous Persons Act or any substantially
17    similar federal, Uniform Code of Military Justice, sister
18    state, or foreign country law;
19        (4) found to be a sexually violent person pursuant to
20    the Sexually Violent Persons Commitment Act or any
21    substantially similar federal, Uniform Code of Military
22    Justice, sister state, or foreign country law;
23        (5) convicted of a second or subsequent offense which
24    requires registration pursuant to this Act. The conviction
25    for the second or subsequent offense must have occurred
26    after July 1, 1999. For purposes of this paragraph (5),

 

 

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1    "convicted" shall include a conviction under any
2    substantially similar Illinois, federal, Uniform Code of
3    Military Justice, sister state, or foreign country law; or
4        (6) convicted of a second or subsequent offense of
5    luring a minor under Section 10-5.1 of the Criminal Code of
6    1961.
7    (E-5) As used in this Article, "sexual predator" also means
8a person convicted of a violation or attempted violation of any
9of the following Sections of the Criminal Code of 1961:
10        (1) Section 9-1 (first degree murder, when the victim
11    was a person under 18 years of age and the defendant was at
12    least 17 years of age at the time of the commission of the
13    offense, provided the offense was sexually motivated as
14    defined in Section 10 of the Sex Offender Management Board
15    Act);
16        (2) Section 11-9.5 (sexual misconduct with a person
17    with a disability);
18        (3) when the victim is a person under 18 years of age,
19    the defendant is not a parent of the victim, the offense
20    was sexually motivated as defined in Section 10 of the Sex
21    Offender Management Board Act, and the offense was
22    committed on or after January 1, 1996: (A) Section 10-1
23    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
24    (C) Section 10-3 (unlawful restraint), and (D) Section
25    10-3.1 (aggravated unlawful restraint); and
26        (4) Section 10-5(b)(10) (child abduction committed by

 

 

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1    luring or attempting to lure a child under the age of 16
2    into a motor vehicle, building, house trailer, or dwelling
3    place without the consent of the parent or lawful custodian
4    of the child for other than a lawful purpose and the
5    offense was committed on or after January 1, 1998, provided
6    the offense was sexually motivated as defined in Section 10
7    of the Sex Offender Management Board Act).
8    (F) As used in this Article, "out-of-state student" means
9any sex offender, as defined in this Section, or sexual
10predator who is enrolled in Illinois, on a full-time or
11part-time basis, in any public or private educational
12institution, including, but not limited to, any secondary
13school, trade or professional institution, or institution of
14higher learning.
15    (G) As used in this Article, "out-of-state employee" means
16any sex offender, as defined in this Section, or sexual
17predator who works in Illinois, regardless of whether the
18individual receives payment for services performed, for a
19period of time of 10 or more days or for an aggregate period of
20time of 30 or more days during any calendar year. Persons who
21operate motor vehicles in the State accrue one day of
22employment time for any portion of a day spent in Illinois.
23    (H) As used in this Article, "school" means any public or
24private educational institution, including, but not limited
25to, any elementary or secondary school, trade or professional
26institution, or institution of higher education.

 

 

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1    (I) As used in this Article, "fixed residence" means any
2and all places that a sex offender resides for an aggregate
3period of time of 5 or more days in a calendar year.
4    (J) As used in this Article, "Internet protocol address"
5means the string of numbers by which a location on the Internet
6is identified by routers or other computers connected to the
7Internet.
8(Source: P.A. 95-331, eff. 8-21-07; 95-579, eff. 6-1-08;
995-625, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff.
108-21-08; 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11.)