Illinois General Assembly - Full Text of HB5038
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Full Text of HB5038  102nd General Assembly

HB5038 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5038

 

Introduced 1/27/2022, by Rep. Patrick Windhorst

 

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

    Amends the Sex Offender Registration Act. Provides for registration under the Act of a person who committed a violation or attempted violation of the unauthorized video recording and live video transmission offense that involves: (1) knowingly making a video record or transmitting live video of another person without that person's consent in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom; (2) knowingly making a video record or transmitting live video of another person's intimate parts for the purpose of viewing the body of or the undergarments worn by that other person without that person's consent; or (3) placing or causing to be placed a device that makes a video record or transmitting a live video in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom with the intent to make a video record or transmitting live video of another person without that person's consent.


LRB102 21443 RLC 35146 b

 

 

A BILL FOR

 

HB5038LRB102 21443 RLC 35146 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            11-20.1 (child pornography),
2            11-20.1B or 11-20.3 (aggravated child
3        pornography),
4            11-6 (indecent solicitation of a child),
5            11-9.1 (sexual exploitation of a child),
6            11-9.2 (custodial sexual misconduct),
7            11-9.5 (sexual misconduct with a person with a
8        disability),
9            11-14.4 (promoting juvenile prostitution),
10            11-15.1 (soliciting for a juvenile prostitute),
11            11-18.1 (patronizing a juvenile prostitute),
12            11-17.1 (keeping a place of juvenile
13        prostitution),
14            11-19.1 (juvenile pimping),
15            11-19.2 (exploitation of a child),
16            11-25 (grooming),
17            11-26 (traveling to meet a minor or traveling to
18        meet a child),
19            11-1.20 or 12-13 (criminal sexual assault),
20            11-1.30 or 12-14 (aggravated criminal sexual
21        assault),
22            11-1.40 or 12-14.1 (predatory criminal sexual
23        assault of a child),
24            11-1.50 or 12-15 (criminal sexual abuse),
25            11-1.60 or 12-16 (aggravated criminal sexual
26        abuse),

 

 

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

 

 

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

 

 

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

 

 

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1    registration only when the person is convicted of any
2    felony after July 1, 2011, and paragraph (2.1) of
3    subsection (c) of Section 3 of this Act applies.
4        (1.12) A violation or attempted violation of Section
5    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
6    Criminal Code of 1961 or the Criminal Code of 2012
7    (permitting sexual abuse) when the offense was committed
8    on or after August 22, 2002. If the offense was committed
9    before August 22, 2002, it is a sex offense requiring
10    registration only when the person is convicted of any
11    felony after July 1, 2011, and paragraph (2.1) of
12    subsection (c) of Section 3 of this Act applies.
13        (1.13) A violation or attempted violation of
14    subsection (a), (a-10), or (a-15) of Section 26-4 of the
15    Criminal Code of 2012 when the violation or attempted
16    violation was committed after the effective of this
17    amendatory Act of the 102nd General Assembly.
18        (2) A violation of any former law of this State
19    substantially equivalent to any offense listed in
20    subsection (B) of this Section.
21    (C) A conviction for an offense of federal law, Uniform
22Code of Military Justice, or the law of another state or a
23foreign country that is substantially equivalent to any
24offense listed in subsections (B), (C), (E), and (E-5) of this
25Section shall constitute a conviction for the purpose of this
26Article. A finding or adjudication as a sexually dangerous

 

 

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

 

 

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

 

 

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1    of Military Justice, sister state, or foreign country law
2    that is substantially equivalent to any offense listed in
3    subsection (E) or (E-5) of this Section shall constitute a
4    conviction for the purpose of this Article. Convicted of a
5    violation or attempted violation of any of the following
6    Sections of the Criminal Code of 1961 or the Criminal Code
7    of 2012:
8            10-5.1 (luring of a minor),
9            11-14.4 that involves keeping a place of juvenile
10        prostitution, or 11-17.1 (keeping a place of juvenile
11        prostitution),
12            subdivision (a)(2) or (a)(3) of Section 11-14.4,
13        or Section 11-19.1 (juvenile pimping),
14            subdivision (a)(4) of Section 11-14.4, or Section
15        11-19.2 (exploitation of a child),
16            11-20.1 (child pornography),
17            11-20.1B or 11-20.3 (aggravated child
18        pornography),
19            11-1.20 or 12-13 (criminal sexual assault),
20            11-1.30 or 12-14 (aggravated criminal sexual
21        assault),
22            11-1.40 or 12-14.1 (predatory criminal sexual
23        assault of a child),
24            11-1.60 or 12-16 (aggravated criminal sexual
25        abuse),
26            12-33 (ritualized abuse of a child);

 

 

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

 

 

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

 

 

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

 

 

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1    (J) As used in this Article, "Internet protocol address"
2means the string of numbers by which a location on the Internet
3is identified by routers or other computers connected to the
4Internet.
5(Source: P.A. 100-428, eff. 1-1-18.)