Illinois General Assembly - Full Text of SB3104
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB3104  100th General Assembly

SB3104eng 100TH GENERAL ASSEMBLY

  
  
  

 


 
SB3104 EngrossedLRB100 19860 RLC 35139 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 Criminal Code of 2012 is amended by changing
5Section 11-30 as follows:
 
6    (720 ILCS 5/11-30)  (was 720 ILCS 5/11-9)
7    Sec. 11-30. Public indecency.
8    (a) Any person of the age of 17 years and upwards who
9performs any of the following acts in a public place or while
10confined in a penal institution commits a public indecency:
11        (1) An act of sexual penetration or sexual conduct; or
12        (2) A lewd exposure of the body done with intent to
13    arouse or to satisfy the sexual desire of the person.
14    Breast-feeding of infants is not an act of public
15indecency.
16    (a-5) For purposes of this Section, "penal institution"
17does not include a facility of the Department of Juvenile
18Justice or a juvenile detention facility.
19    (b) "Public place" for purposes of this Section means any
20place where the conduct may reasonably be expected to be viewed
21by others.
22    (c) Sentence.
23    Public indecency is a Class A misdemeanor. A person

 

 

SB3104 Engrossed- 2 -LRB100 19860 RLC 35139 b

1convicted of a third or subsequent violation for public
2indecency is guilty of a Class 4 felony. Public indecency is a
3Class 4 felony if committed by a person 18 years of age or
4older who is on or within 500 feet of elementary or secondary
5school grounds when children are present on the grounds.
6(Source: P.A. 96-1098, eff. 1-1-11; 96-1551, eff. 7-1-11.)
 
7    Section 10. The Sex Offender Registration Act is amended by
8changing Section 2 as follows:
 
9    (730 ILCS 150/2)  (from Ch. 38, par. 222)
10    Sec. 2. Definitions.
11    (A) As used in this Article, "sex offender" means any
12person who is:
13        (1) charged pursuant to Illinois law, or any
14    substantially similar federal, Uniform Code of Military
15    Justice, sister state, or foreign country law, with a sex
16    offense set forth in subsection (B) of this Section or the
17    attempt to commit an included sex offense, and:
18            (a) is convicted of such offense or an attempt to
19        commit such offense; or
20            (b) is found not guilty by reason of insanity of
21        such offense or an attempt to commit such offense; or
22            (c) is found not guilty by reason of insanity
23        pursuant to Section 104-25(c) of the Code of Criminal
24        Procedure of 1963 of such offense or an attempt to

 

 

SB3104 Engrossed- 3 -LRB100 19860 RLC 35139 b

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

 

 

SB3104 Engrossed- 4 -LRB100 19860 RLC 35139 b

1    or
2        (4) found to be a sexually violent person pursuant to
3    the Sexually Violent Persons Commitment Act or any
4    substantially similar federal, Uniform Code of Military
5    Justice, sister state, or foreign country law; or
6        (5) adjudicated a juvenile delinquent as the result of
7    committing or attempting to commit an act which, if
8    committed by an adult, would constitute any of the offenses
9    specified in item (B), (C), or (C-5) of this Section or a
10    violation of any substantially similar federal, Uniform
11    Code of Military Justice, sister state, or foreign country
12    law, or found guilty under Article V of the Juvenile Court
13    Act of 1987 of committing or attempting to commit an act
14    which, if committed by an adult, would constitute any of
15    the offenses specified in item (B), (C), or (C-5) of this
16    Section or a violation of any substantially similar
17    federal, Uniform Code of Military Justice, sister state, or
18    foreign country law.
19    Convictions that result from or are connected with the same
20act, or result from offenses committed at the same time, shall
21be counted for the purpose of this Article as one conviction.
22Any conviction set aside pursuant to law is not a conviction
23for purposes of this Article.
24     For purposes of this Section, "convicted" shall have the
25same meaning as "adjudicated".
26    (B) As used in this Article, "sex offense" means:

 

 

SB3104 Engrossed- 5 -LRB100 19860 RLC 35139 b

1        (1) A violation of any of the following Sections of the
2    Criminal Code of 1961 or the Criminal Code of 2012:
3            11-20.1 (child pornography),
4            11-20.1B or 11-20.3 (aggravated child
5        pornography),
6            11-6 (indecent solicitation of a child),
7            11-9.1 (sexual exploitation of a child),
8            11-9.2 (custodial sexual misconduct),
9            11-9.5 (sexual misconduct with a person with a
10        disability),
11            11-14.4 (promoting juvenile prostitution),
12            11-15.1 (soliciting for a juvenile prostitute),
13            11-18.1 (patronizing a juvenile prostitute),
14            11-17.1 (keeping a place of juvenile
15        prostitution),
16            11-19.1 (juvenile pimping),
17            11-19.2 (exploitation of a child),
18            11-25 (grooming),
19            11-26 (traveling to meet a minor or traveling to
20        meet a child),
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            11-1.50 or 12-15 (criminal sexual abuse),

 

 

SB3104 Engrossed- 6 -LRB100 19860 RLC 35139 b

1            11-1.60 or 12-16 (aggravated criminal sexual
2        abuse),
3            12-33 (ritualized abuse of a child).
4            An attempt to commit any of these offenses.
5        (1.5) A violation of any of the following Sections of
6    the Criminal Code of 1961 or the Criminal Code of 2012,
7    when the victim is a person under 18 years of age, the
8    defendant is not a parent of the victim, the offense was
9    sexually motivated as defined in Section 10 of the Sex
10    Offender Evaluation and Treatment Act, and the offense was
11    committed on or after January 1, 1996:
12            10-1 (kidnapping),
13            10-2 (aggravated kidnapping),
14            10-3 (unlawful restraint),
15            10-3.1 (aggravated unlawful restraint).
16        If the offense was committed before January 1, 1996, it
17    is a sex offense requiring registration only when the
18    person is convicted of any felony after July 1, 2011, and
19    paragraph (2.1) of subsection (c) of Section 3 of this Act
20    applies.
21        (1.6) First degree murder under Section 9-1 of the
22    Criminal Code of 1961 or the Criminal Code of 2012,
23    provided the offense was sexually motivated as defined in
24    Section 10 of the Sex Offender Management Board Act.
25        (1.7) (Blank).
26        (1.8) A violation or attempted violation of Section

 

 

SB3104 Engrossed- 7 -LRB100 19860 RLC 35139 b

1    11-11 (sexual relations within families) of the Criminal
2    Code of 1961 or the Criminal Code of 2012, and the offense
3    was committed on or after June 1, 1997. If the offense was
4    committed before June 1, 1997, it is a sex offense
5    requiring registration only when the person is convicted of
6    any felony after July 1, 2011, and paragraph (2.1) of
7    subsection (c) of Section 3 of this Act applies.
8        (1.9) Child abduction under paragraph (10) of
9    subsection (b) of Section 10-5 of the Criminal Code of 1961
10    or the Criminal Code of 2012 committed by luring or
11    attempting to lure a child under the age of 16 into a motor
12    vehicle, building, house trailer, or dwelling place
13    without the consent of the parent or lawful custodian of
14    the child for other than a lawful purpose and the offense
15    was committed on or after January 1, 1998, provided the
16    offense was sexually motivated as defined in Section 10 of
17    the Sex Offender Management Board Act. If the offense was
18    committed before January 1, 1998, it is a sex offense
19    requiring registration only when the person is convicted of
20    any felony after July 1, 2011, and paragraph (2.1) of
21    subsection (c) of Section 3 of this Act applies.
22        (1.10) A violation or attempted violation of any of the
23    following Sections of the Criminal Code of 1961 or the
24    Criminal Code of 2012 when the offense was committed on or
25    after July 1, 1999:
26            10-4 (forcible detention, if the victim is under 18

 

 

SB3104 Engrossed- 8 -LRB100 19860 RLC 35139 b

1        years of age), provided the offense was sexually
2        motivated as defined in Section 10 of the Sex Offender
3        Management Board Act,
4            11-6.5 (indecent solicitation of an adult),
5            11-14.3 that involves soliciting for a prostitute,
6        or 11-15 (soliciting for a prostitute, if the victim is
7        under 18 years of age),
8            subdivision (a)(2)(A) or (a)(2)(B) of Section
9        11-14.3, or Section 11-16 (pandering, if the victim is
10        under 18 years of age),
11            11-18 (patronizing a prostitute, if the victim is
12        under 18 years of age),
13            subdivision (a)(2)(C) of Section 11-14.3, or
14        Section 11-19 (pimping, if the victim is under 18 years
15        of age).
16        If the offense was committed before July 1, 1999, it is
17    a sex offense requiring registration only when the person
18    is convicted of any felony after July 1, 2011, and
19    paragraph (2.1) of subsection (c) of Section 3 of this Act
20    applies.
21        (1.11) A violation or attempted violation of any of the
22    following Sections of the Criminal Code of 1961 or the
23    Criminal Code of 2012 when the offense was committed on or
24    after August 22, 2002:
25            11-9 or 11-30 (public indecency for a third or
26        subsequent conviction).

 

 

SB3104 Engrossed- 9 -LRB100 19860 RLC 35139 b

1        If the third or subsequent conviction was imposed
2    before August 22, 2002, it is a sex offense requiring
3    registration only when the person is convicted of any
4    felony after July 1, 2011, and paragraph (2.1) of
5    subsection (c) of Section 3 of this Act applies.
6        (1.12) A violation or attempted violation of Section
7    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
8    Criminal Code of 1961 or the Criminal Code of 2012
9    (permitting sexual abuse) when the offense was committed on
10    or after August 22, 2002. If the offense was committed
11    before August 22, 2002, it is a sex offense requiring
12    registration only when the person is convicted of any
13    felony after July 1, 2011, and paragraph (2.1) of
14    subsection (c) of Section 3 of this Act applies.
15        (1.13) A second violation or attempted violation of
16    Section 11-30 (public indecency while confined in a penal
17    institution) of the Criminal Code of 2012 committed on or
18    after the effective date of this amendatory Act of the
19    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

 

 

SB3104 Engrossed- 10 -LRB100 19860 RLC 35139 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

 

 

SB3104 Engrossed- 11 -LRB100 19860 RLC 35139 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

 

 

SB3104 Engrossed- 12 -LRB100 19860 RLC 35139 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

 

 

SB3104 Engrossed- 13 -LRB100 19860 RLC 35139 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

 

 

SB3104 Engrossed- 14 -LRB100 19860 RLC 35139 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).

 

 

SB3104 Engrossed- 15 -LRB100 19860 RLC 35139 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

 

 

SB3104 Engrossed- 16 -LRB100 19860 RLC 35139 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.)