103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5134

 

Introduced 2/8/2024, by Rep. Nicole La Ha - Dan Ugaste - Amy L. Grant and Dave Severin

 

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

    Amends the Sex Offender Registration Act. Includes trafficking in persons, involuntary servitude, and involuntary sexual servitude of a minor in the definition of "sex offense" under the Act.


LRB103 36015 RLC 66102 b

 

 

A BILL FOR

 

HB5134LRB103 36015 RLC 66102 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
3        for the alleged commission or attempted commission of
4        such 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
14        federal, Uniform Code of Military Justice, sister
15        state, or foreign country law substantially similar to
16        Section 104-25(a) of the Code of Criminal Procedure of
17        1963 for the alleged violation or attempted commission
18        of such offense; or
19        (2) declared 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
7    offenses specified in item (B), (C), or (C-5) of this
8    Section or a violation of any substantially similar
9    federal, Uniform Code of Military Justice, sister state,
10    or foreign country law, or found guilty under Article V of
11    the Juvenile Court Act of 1987 of committing or attempting
12    to commit an act which, if committed by an adult, would
13    constitute any of the offenses specified in item (B), (C),
14    or (C-5) of this Section or a violation of any
15    substantially similar federal, Uniform Code of Military
16    Justice, sister state, or foreign country law.
17    Convictions that result from or are connected with the
18same act, or result from offenses committed at the same time,
19shall be counted for the purpose of this Article as one
20conviction. Any conviction set aside pursuant to law is not a
21conviction for 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
26    the Criminal Code of 1961 or the Criminal Code of 2012:

 

 

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1            10-9 (involuntary servitude, involuntary sexual
2        servitude of a minor, trafficking in persons),
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),

 

 

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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,
17    it 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

 

 

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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
6    of 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
10    1961 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
20    of 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
23    the 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

 

 

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1        18 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
7        is 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
15        years of age).
16        If the offense was committed before July 1, 1999, 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        (1.11) A violation or attempted violation of any of
22    the 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).

 

 

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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
10    on 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        (2) A violation of any former law of this State
16    substantially equivalent to any offense listed in
17    subsection (B) of this Section.
18    (C) A conviction for an offense of federal law, Uniform
19Code of Military Justice, or the law of another state or a
20foreign country that is substantially equivalent to any
21offense listed in subsections (B), (C), (E), and (E-5) of this
22Section shall constitute a conviction for the purpose of this
23Article. A finding or adjudication as a sexually dangerous
24person or a sexually violent person under any federal law,
25Uniform Code of Military Justice, or the law of another state
26or foreign country that is substantially equivalent to the

 

 

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

 

 

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1offense listed in subsection (C-6) of this Section shall
2constitute a conviction for the purpose of this Article. This
3subsection (C-6) does not apply to those individuals released
4from incarceration more than 10 years prior to January 1, 2012
5(the effective date of Public Act 97-154).
6    (D) As used in this Article, "law enforcement agency
7having jurisdiction" means the Chief of Police in each of the
8municipalities in which the sex offender expects to reside,
9work, or attend school (1) upon his or her discharge, parole or
10release or (2) during the service of his or her sentence of
11probation or conditional discharge, or the Sheriff of the
12county, in the event no Police Chief exists or if the offender
13intends to reside, work, or attend school in an unincorporated
14area. "Law enforcement agency having jurisdiction" includes
15the location where out-of-state students attend school and
16where out-of-state employees are employed or are otherwise
17required to register.
18    (D-1) As used in this Article, "supervising officer" means
19the assigned Illinois Department of Corrections parole agent
20or county probation officer.
21    (E) As used in this Article, "sexual predator" means any
22person who, after July 1, 1999, is:
23        (1) Convicted for an offense of federal, Uniform Code
24    of Military Justice, sister state, or foreign country law
25    that is substantially equivalent to any offense listed in
26    subsection (E) or (E-5) of this Section shall constitute a

 

 

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1    conviction for the purpose of this Article. Convicted of a
2    violation or attempted violation of any of the following
3    Sections of the Criminal Code of 1961 or the Criminal Code
4    of 2012:
5            10-5.1 (luring of a minor),
6            11-14.4 that involves keeping a place of juvenile
7        prostitution, or 11-17.1 (keeping a place of juvenile
8        prostitution),
9            subdivision (a)(2) or (a)(3) of Section 11-14.4,
10        or Section 11-19.1 (juvenile pimping),
11            subdivision (a)(4) of Section 11-14.4, or Section
12        11-19.2 (exploitation of a child),
13            11-20.1 (child pornography),
14            11-20.1B or 11-20.3 (aggravated child
15        pornography),
16            11-1.20 or 12-13 (criminal sexual assault),
17            11-1.30 or 12-14 (aggravated criminal sexual
18        assault),
19            11-1.40 or 12-14.1 (predatory criminal sexual
20        assault of a child),
21            11-1.60 or 12-16 (aggravated criminal sexual
22        abuse),
23            12-33 (ritualized abuse of a child);
24        (2) (blank);
25        (3) declared as a sexually dangerous person pursuant
26    to the Sexually Dangerous Persons Act or any substantially

 

 

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1    similar federal, Uniform Code of Military Justice, sister
2    state, or foreign country law;
3        (4) found to be a sexually violent person pursuant to
4    the Sexually Violent Persons Commitment Act or any
5    substantially similar federal, Uniform Code of Military
6    Justice, sister state, or foreign country law;
7        (5) convicted of a second or subsequent offense which
8    requires registration pursuant to this Act. For purposes
9    of this paragraph (5), "convicted" shall include a
10    conviction under any substantially similar Illinois,
11    federal, Uniform Code of Military Justice, sister state,
12    or foreign country law;
13        (6) (blank); or
14        (7) if the person was convicted of an offense set
15    forth in this subsection (E) on or before July 1, 1999, the
16    person is a sexual predator for whom registration is
17    required only when the person is convicted of a felony
18    offense after July 1, 2011, and paragraph (2.1) of
19    subsection (c) of Section 3 of this Act applies.
20    (E-5) As used in this Article, "sexual predator" also
21means a person convicted of a violation or attempted violation
22of any of the following Sections of the Criminal Code of 1961
23or the Criminal Code of 2012:
24        (1) Section 9-1 (first degree murder, when the victim
25    was a person under 18 years of age and the defendant was at
26    least 17 years of age at the time of the commission of the

 

 

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1    offense, provided the offense was sexually motivated as
2    defined in Section 10 of the Sex Offender Management Board
3    Act);
4        (2) Section 11-9.5 (sexual misconduct with a person
5    with a disability);
6        (3) when the victim is a person under 18 years of age,
7    the defendant is not a parent of the victim, the offense
8    was sexually motivated as defined in Section 10 of the Sex
9    Offender Management Board Act, and the offense was
10    committed on or after January 1, 1996: (A) Section 10-1
11    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
12    (C) Section 10-3 (unlawful restraint), and (D) Section
13    10-3.1 (aggravated unlawful restraint); and
14        (4) Section 10-5(b)(10) (child abduction committed by
15    luring or attempting to lure a child under the age of 16
16    into a motor vehicle, building, house trailer, or dwelling
17    place without the consent of the parent or lawful
18    custodian of the child for other than a lawful purpose and
19    the offense was committed on or after January 1, 1998,
20    provided the offense was sexually motivated as defined in
21    Section 10 of the Sex Offender Management Board Act).
22    (E-10) As used in this Article, "sexual predator" also
23means a person required to register in another State due to a
24conviction, adjudication or other action of any court
25triggering an obligation to register as a sex offender, sexual
26predator, or substantially similar status under the laws of

 

 

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1that State.
2    (F) As used in this Article, "out-of-state student" means
3any sex offender, as defined in this Section, or sexual
4predator who is enrolled in Illinois, on a full-time or
5part-time basis, in any public or private educational
6institution, including, but not limited to, any secondary
7school, trade or professional institution, or institution of
8higher learning.
9    (G) As used in this Article, "out-of-state employee" means
10any sex offender, as defined in this Section, or sexual
11predator who works in Illinois, regardless of whether the
12individual receives payment for services performed, for a
13period of time of 10 or more days or for an aggregate period of
14time of 30 or more days during any calendar year. Persons who
15operate motor vehicles in the State accrue one day of
16employment time for any portion of a day spent in Illinois.
17    (H) As used in this Article, "school" means any public or
18private educational institution, including, but not limited
19to, any elementary or secondary school, trade or professional
20institution, or institution of higher education.
21    (I) As used in this Article, "fixed residence" means any
22and all places that a sex offender resides for an aggregate
23period of time of 5 or more days in a calendar year.
24    (J) As used in this Article, "Internet protocol address"
25means the string of numbers by which a location on the Internet
26is identified by routers or other computers connected to the

 

 

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1Internet.
2(Source: P.A. 100-428, eff. 1-1-18.)