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Public Act 096-1089 Public Act 1089 96TH GENERAL ASSEMBLY |
Public Act 096-1089 | HB5043 Enrolled | LRB096 16668 RLC 31950 b |
|
| AN ACT concerning sex offenders.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. 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),
| 11-20.3 (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),
| 11-15.1 (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),
| 12-13 (criminal sexual assault),
| 12-14 (aggravated criminal sexual assault),
| 12-14.1 (predatory criminal sexual assault of a | child),
| 12-15 (criminal sexual abuse),
| 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).
| (1.6)
First degree murder under Section 9-1 of the | Criminal Code of 1961,
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.
| (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.
| (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.
| (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),
| 11-15 (soliciting for a prostitute, if the victim | is under 18 years
of age),
| 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),
| 11-19 (pimping, if the victim is under 18 years of | age).
| (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 (public indecency for a third or subsequent | conviction).
| (1.12) A violation or attempted violation of Section
| 5.1 of the Wrongs to Children Act (permitting sexual abuse) | when the
offense was committed on or after August 22, 2002.
| (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), and (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 only if the person is incarcerated in an Illinois | Department of Corrections facility on August 20, 2004 (the |
| effective date of Public Act 93-977).
| (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, if the conviction | occurred after July
1, 1999:
|
| 11-17.1 (keeping a place of juvenile | prostitution),
| 11-19.1 (juvenile pimping),
| 11-19.2 (exploitation of a child),
| 11-20.1 (child pornography),
| 11-20.3 (aggravated child pornography),
| 12-13 (criminal sexual assault),
| 12-14 (aggravated criminal sexual assault),
| 12-14.1 (predatory criminal sexual assault of a | child),
| 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. The conviction | for the second or subsequent
offense must have occurred | after July 1, 1999. 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; or
| (6) convicted of a second or subsequent offense of | luring a minor under Section 10-5.1 of the Criminal Code of | 1961. | (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). | (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. 95-331, eff. 8-21-07; 95-579, eff. 6-1-08; | 95-625, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. | 8-21-08; 96-301, eff. 8-11-09.)
| Section 99. Effective date. This Act takes effect January | 1, 2011.
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Effective Date: 1/1/2011
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