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91_HB4619
LRB9111280RCdv
1 AN ACT to amend the Sex Offender Registration Act by
2 changing Section 2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Sex Offender Registration Act is amended
6 by changing Section 2 as follows:
7 (730 ILCS 150/2) (from Ch. 38, par. 222)
8 Sec. 2. Definitions. As used in this Article, the
9 following definitions apply:
10 (A) "Sex offender" means any person who is:
11 (1) charged pursuant to Illinois law, or any
12 substantially similar federal, sister state, or foreign
13 country law, with a sex offense set forth in subsection
14 (B) of this Section or the attempt to commit an included
15 sex offense, and:
16 (a) is convicted of such offense or an attempt
17 to commit such offense; or
18 (b) is found not guilty by reason of insanity
19 of such offense or an attempt to commit such
20 offense; or
21 (c) is found not guilty by reason of insanity
22 pursuant to Section 104-25(c) of the Code of
23 Criminal Procedure of 1963 of such offense or an
24 attempt to commit such offense; or
25 (d) is the subject of a finding not resulting
26 in an acquittal at a hearing conducted pursuant to
27 Section 104-25(a) of the Code of Criminal Procedure
28 of 1963 for the alleged commission or attempted
29 commission of such offense; or
30 (e) is found not guilty by reason of insanity
31 following a hearing conducted pursuant to a federal,
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1 sister state, or foreign country law substantially
2 similar to Section 104-25(c) of the Code of Criminal
3 Procedure of 1963 of such offense or of the
4 attempted commission of such offense; or
5 (f) is the subject of a finding not resulting
6 in an acquittal at a hearing conducted pursuant to a
7 federal, sister state, or foreign country law
8 substantially similar to Section 104-25(a) of the
9 Code of Criminal Procedure of 1963 for the alleged
10 violation or attempted commission of such offense;
11 or
12 (2) certified as a sexually dangerous person
13 pursuant to the Illinois Sexually Dangerous Persons Act,
14 or any substantially similar federal, sister state, or
15 foreign country law; or
16 (3) subject to the provisions of Section 2 of the
17 Interstate Agreements on Sexually Dangerous Persons Act;
18 or
19 (4) found to be a sexually violent person pursuant
20 to the Sexually Violent Persons Commitment Act or any
21 substantially similar federal, sister state, or foreign
22 country law.
23 Convictions that result from or are connected with the
24 same act, or result from offenses committed at the same time,
25 shall be counted for the purpose of this Article as one
26 conviction. Any conviction set aside pursuant to law is not
27 a conviction for purposes of this Article.
28 (A-5) "Juvenile sex offender" means any person who is
29 adjudicated a juvenile delinquent as the result of the
30 commission of or attempt to commit a violation set forth in
31 item (B), (C), or (C-5) of this Section or a violation of any
32 substantially similar federal, sister state, or foreign
33 country law. For purposes of this Section, "convicted" shall
34 have the same meaning as "adjudicated".
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1 (B) As used in this Section, "sex offense" means:
2 (1) A violation of any of the following Sections of
3 the Criminal Code of 1961:
4 11-20.1 (child pornography),
5 11-6 (indecent solicitation of a child),
6 11-9.1 (sexual exploitation of a child),
7 11-15.1 (soliciting for a juvenile prostitute),
8 11-18.1 (patronizing a juvenile prostitute),
9 11-17.1 (keeping a place of juvenile
10 prostitution),
11 11-19.1 (juvenile pimping),
12 11-19.2 (exploitation of a child),
13 12-13 (criminal sexual assault),
14 12-14 (aggravated criminal sexual assault),
15 12-14.1 (predatory criminal sexual assault of a
16 child),
17 12-15 (criminal sexual abuse),
18 12-16 (aggravated criminal sexual abuse),
19 12-33 (ritualized abuse of a child).
20 An attempt to commit any of these offenses.
21 (1.5) A felony violation of any of the following
22 Sections of the Criminal Code of 1961, when the victim is
23 a person under 18 years of age, the defendant is not a
24 parent of the victim, and the offense was committed on or
25 after January 1, 1996:
26 10-1 (kidnapping),
27 10-2 (aggravated kidnapping),
28 10-3 (unlawful restraint),
29 10-3.1 (aggravated unlawful restraint).
30 An attempt to commit any of these offenses.
31 (1.6) First degree murder under Section 9-1 of the
32 Criminal Code of 1961, when the victim was a person under
33 18 years of age, the defendant was at least 17 years of
34 age at the time of the commission of the offense, and the
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1 offense was committed on or after June 1, 1996.
2 (1.7) (Blank).
3 (1.8) A violation or attempted violation of Section
4 11-11 (sexual relations within families) of the Criminal
5 Code of 1961, when the victim was a person under 18 years
6 of age and the offense was committed on or after June 1,
7 1997.
8 (1.9) Child abduction under paragraph (10) of
9 subsection (b) of Section 10-5 of the Criminal Code of
10 1961 committed by luring or attempting to lure a child
11 under the age of 16 into a motor vehicle, building,
12 housetrailer, or dwelling place without the consent of
13 the parent or lawful custodian of the child for other
14 than a lawful purpose and the offense was committed on or
15 after January 1, 1998.
16 (1.10) A violation or attempted violation of any of
17 the following Sections of the Criminal Code of 1961 when
18 the offense was committed on or after the effective date
19 of this amendatory Act of the 91st General Assembly:
20 10-4 (forcible detention, if the victim is
21 under 18 years of age),
22 11-6.5 (indecent solicitation of an adult),
23 11-15 (soliciting for a prostitute, if the
24 victim is under 18 years of age),
25 11-16 (pandering, if the victim is under 18
26 years of age),
27 11-18 (patronizing a prostitute, if the victim
28 is under 18 years of age),
29 11-19 (pimping, if the victim is under 18
30 years of age).
31 (2) A violation of any former law of this State
32 substantially equivalent to any offense listed in
33 subsection (B)(1) of this Section.
34 (C) A conviction for an offense of federal law or the
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1 law of another state or a foreign country that is
2 substantially equivalent to any offense listed in subsection
3 (B) of this Section shall constitute a conviction for the
4 purpose of this Article. A finding or adjudication as a
5 sexually dangerous person or a sexually violent person under
6 any federal law or law of another state or foreign country
7 that is substantially equivalent to the Sexually Dangerous
8 Persons Act or the Sexually Violent Persons Commitment Act
9 shall constitute an adjudication for the purposes of this
10 Article.
11 (C-5) A person at least 17 years of age at the time of
12 the commission of the offense who is convicted of first
13 degree murder under Section 9-1 of the Criminal Code of 1961,
14 committed on or after June 1, 1996 against a person under 18
15 years of age, shall be required to register for natural life.
16 (D) As used in this Article, "law enforcement agency
17 having jurisdiction" means the Chief of Police in the
18 municipality in which the sex offender expects to reside (1)
19 upon his or her discharge, parole or release or (2) during
20 the service of his or her sentence of probation or
21 conditional discharge, or the Sheriff of the county, in the
22 event no Police Chief exists or if the offender intends to
23 reside in an unincorporated area. "Law enforcement agency
24 having jurisdiction" includes the location where out-of-state
25 students attend school and where out-of-state employees are
26 employed or are otherwise required to register.
27 (E) As used in this Article, "sexual predator" means any
28 person who, after the effective date of this amendatory Act
29 of the 91st General Assembly, is:
30 (1) Convicted of a violation of any of the
31 following Sections of the Criminal Code of 1961 and the
32 conviction occurred after the effective date of this
33 amendatory Act of the 91st General Assembly:
34 11-17.1 (keeping a place of juvenile
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1 prostitution),
2 11-19.1 (juvenile pimping),
3 11-19.2 (exploitation of a child),
4 11-20.1 (child pornography),
5 12-13 (criminal sexual assault, if the victim
6 is a person under 12 years of age),
7 12-14 (aggravated criminal sexual assault),
8 12-14.1 (predatory criminal sexual assault of
9 a child),
10 12-16 (aggravated criminal sexual abuse),
11 12-33 (ritualized abuse of a child); or
12 (2) convicted of first degree murder under Section
13 9-1 of the Criminal Code of 1961, notwithstanding that
14 victim was a person under 18 years of age and the
15 defendant was at least 17 years of age at the time of the
16 commission of the offense; or
17 (3) certified as a sexually dangerous person
18 pursuant to the Sexually Dangerous Persons Act or any
19 substantially similar federal, sister state, or foreign
20 country law; or
21 (4) found to be a sexually violent person pursuant
22 to the Sexually Violent Persons Commitment Act or any
23 substantially similar federal, sister state, or foreign
24 country law; or
25 (5) convicted of a second or subsequent offense
26 which requires registration pursuant to this Act. The
27 conviction for the second or subsequent offense must have
28 occurred after the effective date of this amendatory Act
29 of the 91st General Assembly. For purposes of this
30 paragraph (5), "convicted" includes a conviction under
31 any substantially similar Illinois, federal, sister
32 state, or foreign country law.
33 As used in this Article, "sexual predator" also includes
34 a person who has been charged with indecent solicitation of a
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1 child under Section 11-6 or child pornography under Section
2 11-20.1 of the Criminal Code of 1961 in which the basis of
3 the charges are that the defendant attempted to solicit a
4 child by means of the Internet or disseminated child
5 pornography by means of the Internet; notwithstanding that
6 the charges have been dismissed or the defendant has been
7 convicted of a lesser included offense arising out of the
8 same conduct. For purposes of this paragraph (E), "Internet"
9 includes e-mail, a computer chat room, newsgroup, or World
10 Wide Web.
11 (F) As used in this Article, "out-of-state student"
12 means any sex offender or sexual predator who is enrolled in
13 Illinois, on a full-time or part-time basis, in any public or
14 private educational institution, including, but not limited
15 to, any secondary school, trade or professional institution,
16 or institution of higher learning.
17 (G) As used in this Article, "out-of-state employee"
18 means any sex offender or sexual predator who works in
19 Illinois, regardless of whether the individual receives
20 payment for services performed, for a period of time
21 exceeding 14 days or for an aggregate period of time
22 exceeding 30 days during any calendar year. Persons who
23 operate motor vehicles in the State accrue one day of
24 employment time for any portion of a day spent in Illinois.
25 (Source: P.A. 90-193, eff. 7-24-97; 90-494, eff. 1-1-98;
26 90-655, eff. 7-30-98; 91-48, eff. 7-1-99.)