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Public Act 097-1073


 

Public Act 1073 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-1073
 
HB5280 EnrolledLRB097 16558 RLC 61730 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 10. The Sex Offender Registration Act is amended by
changing Section 2 as follows:
 
    (730 ILCS 150/2)  (from Ch. 38, par. 222)
    Sec. 2. Definitions.
    (A) As used in this Article, "sex offender" means any
person who is:
        (1) charged pursuant to Illinois law, or any
    substantially similar federal, Uniform Code of Military
    Justice, sister state, or foreign country law, with a sex
    offense set forth in subsection (B) of this Section or the
    attempt to commit an included sex offense, and:
            (a) is convicted of such offense or an attempt to
        commit such offense; or
            (b) is found not guilty by reason of insanity of
        such offense or an attempt to commit such offense; or
            (c) is found not guilty by reason of insanity
        pursuant to Section 104-25(c) of the Code of Criminal
        Procedure of 1963 of such offense or an attempt to
        commit such offense; or
            (d) is the subject of a finding not resulting in an
        acquittal at a hearing conducted pursuant to Section
        104-25(a) of the Code of Criminal Procedure of 1963 for
        the alleged commission or attempted commission of such
        offense; or
            (e) is found not guilty by reason of insanity
        following a hearing conducted pursuant to a federal,
        Uniform Code of Military Justice, sister state, or
        foreign country law substantially similar to Section
        104-25(c) of the Code of Criminal Procedure of 1963 of
        such offense or of the attempted commission of such
        offense; or
            (f) is the subject of a finding not resulting in an
        acquittal at a hearing conducted pursuant to a federal,
        Uniform Code of Military Justice, sister state, or
        foreign country law substantially similar to Section
        104-25(a) of the Code of Criminal Procedure of 1963 for
        the alleged violation or attempted commission of such
        offense; or
        (2) certified as a sexually dangerous person pursuant
    to the Illinois Sexually Dangerous Persons Act, or any
    substantially similar federal, Uniform Code of Military
    Justice, sister state, or foreign country law; or
        (3) subject to the provisions of Section 2 of the
    Interstate Agreements on Sexually Dangerous Persons Act;
    or
        (4) found to be a sexually violent person pursuant to
    the Sexually Violent Persons Commitment Act or any
    substantially similar federal, Uniform Code of Military
    Justice, sister state, or foreign country law; or
        (5) adjudicated a juvenile delinquent as the result of
    committing or attempting to commit an act which, if
    committed by an adult, would constitute any of the offenses
    specified in item (B), (C), or (C-5) of this Section or a
    violation of any substantially similar federal, Uniform
    Code of Military Justice, sister state, or foreign country
    law, or found guilty under Article V of the Juvenile Court
    Act of 1987 of committing or attempting to commit an act
    which, if committed by an adult, would constitute any of
    the offenses specified in item (B), (C), or (C-5) of this
    Section or a violation of any substantially similar
    federal, Uniform Code of Military Justice, sister state, or
    foreign country law.
    Convictions that result from or are connected with the same
act, or result from offenses committed at the same time, shall
be counted for the purpose of this Article as one conviction.
Any conviction set aside pursuant to law is not a conviction
for purposes of this Article.
     For purposes of this Section, "convicted" shall have the
same meaning as "adjudicated".
    (B) As used in this Article, "sex offense" means:
        (1) A violation of any of the following Sections of the
    Criminal Code of 1961:
            11-20.1 (child pornography),
            11-20.1B or 11-20.3 (aggravated child
        pornography),
            11-6 (indecent solicitation of a child),
            11-9.1 (sexual exploitation of a child),
            11-9.2 (custodial sexual misconduct),
            11-9.5 (sexual misconduct with a person with a
        disability),
            11-14.4 (promoting juvenile prostitution),
            11-15.1 (soliciting for a juvenile prostitute),
            11-18.1 (patronizing a juvenile prostitute),
            11-17.1 (keeping a place of juvenile
        prostitution),
            11-19.1 (juvenile pimping),
            11-19.2 (exploitation of a child),
            11-25 (grooming),
            11-26 (traveling to meet a minor),
            11-1.20 or 12-13 (criminal sexual assault),
            11-1.30 or 12-14 (aggravated criminal sexual
        assault),
            11-1.40 or 12-14.1 (predatory criminal sexual
        assault of a child),
            11-1.50 or 12-15 (criminal sexual abuse),
            11-1.60 or 12-16 (aggravated criminal sexual
        abuse),
            12-33 (ritualized abuse of a child).
            An attempt to commit any of these offenses.
        (1.5) A violation of any of the following Sections of
    the Criminal Code of 1961, when the victim is a person
    under 18 years of age, the defendant is not a parent of the
    victim, the offense was sexually motivated as defined in
    Section 10 of the Sex Offender Management Board Act, and
    the offense was committed on or after January 1, 1996:
            10-1 (kidnapping),
            10-2 (aggravated kidnapping),
            10-3 (unlawful restraint),
            10-3.1 (aggravated unlawful restraint).
        If the offense was committed before January 1, 1996, it
    is a sex offense requiring registration only when the
    person is convicted of any felony after July 1, 2011, and
    paragraph (2.1) of subsection (c) of Section 3 of this Act
    applies.
        (1.6) First degree murder under Section 9-1 of the
    Criminal Code of 1961, provided the offense was sexually
    motivated as defined in Section 10 of the Sex Offender
    Management Board Act.
        (1.7) (Blank).
        (1.8) A violation or attempted violation of Section
    11-11 (sexual relations within families) of the Criminal
    Code of 1961, and the offense was committed on or after
    June 1, 1997. If the offense was committed before June 1,
    1997, it is a sex offense requiring registration only when
    the person is convicted of any felony after July 1, 2011,
    and paragraph (2.1) of subsection (c) of Section 3 of this
    Act applies.
        (1.9) Child abduction under paragraph (10) of
    subsection (b) of Section 10-5 of the Criminal Code of 1961
    committed by luring or attempting to lure a child under the
    age of 16 into a motor vehicle, building, house trailer, or
    dwelling place without the consent of the parent or lawful
    custodian of the child for other than a lawful purpose and
    the offense was committed on or after January 1, 1998,
    provided the offense was sexually motivated as defined in
    Section 10 of the Sex Offender Management Board Act. If the
    offense was committed before January 1, 1998, it is a sex
    offense requiring registration only when the person is
    convicted of any felony after July 1, 2011, and paragraph
    (2.1) of subsection (c) of Section 3 of this Act applies.
        (1.10) A violation or attempted violation of any of the
    following Sections of the Criminal Code of 1961 when the
    offense was committed on or after July 1, 1999:
            10-4 (forcible detention, if the victim is under 18
        years of age), provided the offense was sexually
        motivated as defined in Section 10 of the Sex Offender
        Management Board Act,
            11-6.5 (indecent solicitation of an adult),
            11-14.3 that involves soliciting for a prostitute,
        or 11-15 (soliciting for a prostitute, if the victim is
        under 18 years of age),
            subdivision (a)(2)(A) or (a)(2)(B) of Section
        11-14.3, or Section 11-16 (pandering, if the victim is
        under 18 years of age),
            11-18 (patronizing a prostitute, if the victim is
        under 18 years of age),
            subdivision (a)(2)(C) of Section 11-14.3, or
        Section 11-19 (pimping, if the victim is under 18 years
        of age).
        If the offense was committed before July 1, 1999, it is
    a sex offense requiring registration only when the person
    is convicted of any felony after July 1, 2011, and
    paragraph (2.1) of subsection (c) of Section 3 of this Act
    applies.
        (1.11) A violation or attempted violation of any of the
    following Sections of the Criminal Code of 1961 when the
    offense was committed on or after August 22, 2002:
            11-9 or 11-30 (public indecency for a third or
        subsequent conviction).
        If the third or subsequent conviction was imposed
    before August 22, 2002, it is a sex offense requiring
    registration only when the person is convicted of any
    felony after July 1, 2011, and paragraph (2.1) of
    subsection (c) of Section 3 of this Act applies.
        (1.12) A violation or attempted violation of Section
    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
    Criminal Code of 1961 (permitting sexual abuse) when the
    offense was committed on or after August 22, 2002. If the
    offense was committed before August 22, 2002, it is a sex
    offense requiring registration only when the person is
    convicted of any felony after July 1, 2011, and paragraph
    (2.1) of subsection (c) of Section 3 of this Act applies.
        (2) A violation of any former law of this State
    substantially equivalent to any offense listed in
    subsection (B) of this Section.
    (C) A conviction for an offense of federal law, Uniform
Code of Military Justice, or the law of another state or a
foreign country that is substantially equivalent to any offense
listed in subsections (B), (C), (E), and (E-5) of this Section
shall constitute a conviction for the purpose of this Article.
A finding or adjudication as a sexually dangerous person or a
sexually violent person under any federal law, Uniform Code of
Military Justice, or the law of another state or foreign
country that is substantially equivalent to the Sexually
Dangerous Persons Act or the Sexually Violent Persons
Commitment Act shall constitute an adjudication for the
purposes of this Article.
    (C-5) A person at least 17 years of age at the time of the
commission of the offense who is convicted of first degree
murder under Section 9-1 of the Criminal Code of 1961, against
a person under 18 years of age, shall be required to register
for natural life. A conviction for an offense of federal,
Uniform Code of Military Justice, sister state, or foreign
country law that is substantially equivalent to any offense
listed in subsection (C-5) of this Section shall constitute a
conviction for the purpose of this Article. This subsection
(C-5) applies to a person who committed the offense before June
1, 1996 if: (i) the person is incarcerated in an Illinois
Department of Corrections facility on August 20, 2004 (the
effective date of Public Act 93-977), or (ii) subparagraph (i)
does not apply and the person is convicted of any felony after
July 1, 2011, and paragraph (2.1) of subsection (c) of Section
3 of this Act applies.
    (C-6) A person who is convicted or adjudicated delinquent
of first degree murder as defined in Section 9-1 of the
Criminal Code of 1961, against a person 18 years of age or
over, shall be required to register for his or her natural
life. A conviction for an offense of federal, Uniform Code of
Military Justice, sister state, or foreign country law that is
substantially equivalent to any offense listed in subsection
(C-6) of this Section shall constitute a conviction for the
purpose of this Article. This subsection (C-6) does not apply
to those individuals released from incarceration more than 10
years prior to January 1, 2012 (the effective date of Public
Act 97-154) this amendatory Act of the 97th General Assembly.
    (D) As used in this Article, "law enforcement agency having
jurisdiction" means the Chief of Police in each of the
municipalities in which the sex offender expects to reside,
work, or attend school (1) upon his or her discharge, parole or
release or (2) during the service of his or her sentence of
probation or conditional discharge, or the Sheriff of the
county, in the event no Police Chief exists or if the offender
intends to reside, work, or attend school in an unincorporated
area. "Law enforcement agency having jurisdiction" includes
the location where out-of-state students attend school and
where out-of-state employees are employed or are otherwise
required to register.
    (D-1) As used in this Article, "supervising officer" means
the assigned Illinois Department of Corrections parole agent or
county probation officer.
    (E) As used in this Article, "sexual predator" means any
person who, after July 1, 1999, is:
        (1) Convicted for an offense of federal, Uniform Code
    of Military Justice, sister state, or foreign country law
    that is substantially equivalent to any offense listed in
    subsection (E) or (E-5) of this Section shall constitute a
    conviction for the purpose of this Article. Convicted of a
    violation or attempted violation of any of the following
    Sections of the Criminal Code of 1961:
            10-5.1 (luring of a minor),
            11-14.4 that involves keeping a place of juvenile
        prostitution, or 11-17.1 (keeping a place of juvenile
        prostitution),
            subdivision (a)(2) or (a)(3) of Section 11-14.4,
        or Section 11-19.1 (juvenile pimping),
            subdivision (a)(4) of Section 11-14.4, or Section
        11-19.2 (exploitation of a child),
            11-20.1 (child pornography),
            11-20.1B or 11-20.3 (aggravated child
        pornography),
            11-1.20 or 12-13 (criminal sexual assault),
            11-1.30 or 12-14 (aggravated criminal sexual
        assault),
            11-1.40 or 12-14.1 (predatory criminal sexual
        assault of a child),
            11-1.60 or 12-16 (aggravated criminal sexual
        abuse),
            12-33 (ritualized abuse of a child);
        (2) (blank);
        (3) certified as a sexually dangerous person pursuant
    to the Sexually Dangerous Persons Act or any substantially
    similar federal, Uniform Code of Military Justice, sister
    state, or foreign country law;
        (4) found to be a sexually violent person pursuant to
    the Sexually Violent Persons Commitment Act or any
    substantially similar federal, Uniform Code of Military
    Justice, sister state, or foreign country law;
        (5) convicted of a second or subsequent offense which
    requires registration pursuant to this Act. For purposes of
    this paragraph (5), "convicted" shall include a conviction
    under any substantially similar Illinois, federal, Uniform
    Code of Military Justice, sister state, or foreign country
    law;
        (6) (blank); or convicted of a second or subsequent
    offense of luring a minor under Section 10-5.1 of the
    Criminal Code of 1961; or
        (7) if the person was convicted of an offense set forth
    in this subsection (E) on or before July 1, 1999, the
    person is a sexual predator for whom registration is
    required only when the person is convicted of a felony
    offense after July 1, 2011, and paragraph (2.1) of
    subsection (c) of Section 3 of this Act applies.
    (E-5) As used in this Article, "sexual predator" also means
a person convicted of a violation or attempted violation of any
of the following Sections of the Criminal Code of 1961:
        (1) Section 9-1 (first degree murder, when the victim
    was a person under 18 years of age and the defendant was at
    least 17 years of age at the time of the commission of the
    offense, provided the offense was sexually motivated as
    defined in Section 10 of the Sex Offender Management Board
    Act);
        (2) Section 11-9.5 (sexual misconduct with a person
    with a disability);
        (3) when the victim is a person under 18 years of age,
    the defendant is not a parent of the victim, the offense
    was sexually motivated as defined in Section 10 of the Sex
    Offender Management Board Act, and the offense was
    committed on or after January 1, 1996: (A) Section 10-1
    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
    (C) Section 10-3 (unlawful restraint), and (D) Section
    10-3.1 (aggravated unlawful restraint); and
        (4) Section 10-5(b)(10) (child abduction committed by
    luring or attempting to lure a child under the age of 16
    into a motor vehicle, building, house trailer, or dwelling
    place without the consent of the parent or lawful custodian
    of the child for other than a lawful purpose and the
    offense was committed on or after January 1, 1998, provided
    the offense was sexually motivated as defined in Section 10
    of the Sex Offender Management Board Act).
    (E-10) As used in this Article, "sexual predator" also
means a person required to register in another State due to a
conviction, adjudication or other action of any court
triggering an obligation to register as a sex offender, sexual
predator, or substantially similar status under the laws of
that State.
    (F) As used in this Article, "out-of-state student" means
any sex offender, as defined in this Section, or sexual
predator who is enrolled in Illinois, on a full-time or
part-time basis, in any public or private educational
institution, including, but not limited to, any secondary
school, trade or professional institution, or institution of
higher learning.
    (G) As used in this Article, "out-of-state employee" means
any sex offender, as defined in this Section, or sexual
predator who works in Illinois, regardless of whether the
individual receives payment for services performed, for a
period of time of 10 or more days or for an aggregate period of
time of 30 or more days during any calendar year. Persons who
operate motor vehicles in the State accrue one day of
employment time for any portion of a day spent in Illinois.
    (H) As used in this Article, "school" means any public or
private educational institution, including, but not limited
to, any elementary or secondary school, trade or professional
institution, or institution of higher education.
    (I) As used in this Article, "fixed residence" means any
and all places that a sex offender resides for an aggregate
period of time of 5 or more days in a calendar year.
    (J) As used in this Article, "Internet protocol address"
means the string of numbers by which a location on the Internet
is identified by routers or other computers connected to the
Internet.
(Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11;
96-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12;
revised 9-27-11.)

Effective Date: 1/1/2013