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| Public Act 093-0977 |
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AN ACT concerning sex offenders.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Sex Offender Registration Act is amended by | ||||
changing Sections 2 and 6 as follows:
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(730 ILCS 150/2) (from Ch. 38, par. 222)
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Sec. 2. Definitions.
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(A) As used in this Article, "sex offender" means any | ||||
person who is:
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(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:
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(a) is convicted of such offense or an attempt to | ||||
commit such offense;
or
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(b) is found not guilty by reason of insanity of | ||||
such offense or an
attempt to commit such offense; or
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(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
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(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
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offense; or
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(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
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(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
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(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
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(3) subject to the provisions of Section 2 of the | ||
Interstate
Agreements on Sexually Dangerous Persons Act; | ||
or
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(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
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(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
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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.
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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.
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For purposes of this Section, "convicted" shall have the | ||
same meaning as
"adjudicated".
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(B) As used in this Article, "sex offense" means:
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(1) A violation of any of the following Sections of the | ||
Criminal Code of
1961:
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11-20.1 (child pornography),
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11-6 (indecent solicitation of a child),
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11-9.1 (sexual exploitation of a child),
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11-15.1 (soliciting for a juvenile prostitute),
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11-18.1 (patronizing a juvenile prostitute),
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11-17.1 (keeping a place of juvenile | ||
prostitution),
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11-19.1 (juvenile pimping),
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11-19.2 (exploitation of a child),
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12-13 (criminal sexual assault),
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12-14 (aggravated criminal sexual assault),
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12-14.1 (predatory criminal sexual assault of a | ||
child),
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12-15 (criminal sexual abuse),
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12-16 (aggravated criminal sexual abuse),
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12-33 (ritualized abuse of a child).
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An attempt to commit any of these offenses.
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(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, and the offense was committed on or
after January | ||
1, 1996:
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10-1 (kidnapping),
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10-2 (aggravated kidnapping),
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10-3 (unlawful restraint),
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10-3.1 (aggravated unlawful restraint).
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An attempt to commit any of these offenses.
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(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, and the | ||
offense
was committed on or after June 1, 1996.
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(1.7) (Blank).
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(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
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June 1, 1997.
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(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
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custodian of the child for other than a lawful purpose and | ||
the offense was
committed on or after January 1, 1998.
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(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:
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10-4 (forcible detention, if the victim is under 18 | ||
years of age),
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11-6.5 (indecent solicitation of an adult),
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11-15 (soliciting for a prostitute, if the victim | ||
is under 18 years
of age),
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11-16 (pandering, if the victim is under 18 years | ||
of age),
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11-18 (patronizing a prostitute, if the victim is | ||
under 18 years
of age),
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11-19 (pimping, if the victim is under 18 years of | ||
age).
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(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 the effective date of | ||
this amendatory Act of the 92nd General Assembly:
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11-9 (public indecency for a third or subsequent | ||
conviction),
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11-9.2 (custodial sexual misconduct).
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(1.12) A violation or attempted violation of Section
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5.1 of the Wrongs to Children Act (permitting sexual abuse) | ||
when the
offense was committed on or after the effective | ||
date of this amendatory Act of
the 92nd General Assembly.
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(2) A violation of any former law of this State | ||
substantially equivalent
to any offense listed in | ||
subsection (B) of this Section.
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(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) of this Section shall
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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.
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(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, | ||
committed on or after
June 1, 1996 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 the effective date of this amendatory | ||
Act of the 93rd General Assembly.
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(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.
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(E) As used in this Article, "sexual predator" means any | ||
person who,
after July 1, 1999, is:
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(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) of this Section shall constitute a
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conviction for the purpose of this Article.
Convicted of a | ||
violation or attempted violation of any of the following
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Sections of the
Criminal Code of 1961, if the conviction | ||
occurred after July
1, 1999:
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11-17.1 (keeping a place of juvenile | ||
prostitution),
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11-19.1 (juvenile pimping),
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11-19.2 (exploitation of a child),
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11-20.1 (child pornography),
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12-13 (criminal sexual assault, if the victim is a | ||
person under 12
years of age),
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12-14 (aggravated criminal sexual assault),
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12-14.1 (predatory criminal sexual assault of a | ||
child),
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12-16 (aggravated criminal sexual abuse),
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12-33 (ritualized abuse of a child); or
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(2) convicted of 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; | ||
or
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(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; or
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(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
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(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
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substantially similar
Illinois, federal, Uniform Code of | ||
Military Justice, sister state, or
foreign country law.
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(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.
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(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.
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(Source: P.A. 91-48, eff. 7-1-99; 92-828, eff. 8-22-02.)
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(730 ILCS 150/6) (from Ch. 38, par. 226)
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Sec. 6. Duty to report; change of address, school, or | ||
employment; duty
to inform.
A person who has been adjudicated | ||
to be sexually dangerous or is a sexually
violent person and is | ||
later released, or found to be no longer sexually
dangerous or | ||
no longer a sexually violent person and discharged, shall | ||
report in
person to the law enforcement agency with whom he or | ||
she last registered no
later than 90 days after the date of his | ||
or her last registration and every 90
days thereafter. Any | ||
other person who is required to register under this
Article | ||
shall report in person to the appropriate law enforcement | ||
agency with
whom he or she last registered within one year from | ||
the date of last
registration and every year thereafter. If any | ||
person required to register
under this Article changes his or | ||
her residence address, place of
employment,
or school, he or | ||
she shall, in writing, within 10 days inform the law
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enforcement agency
with whom he or she last registered of his | ||
or her new address, change in
employment, or school and | ||
register with the appropriate law enforcement
agency within the
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time period specified in Section 3. The law enforcement agency | ||
shall, within 3
days of receipt, notify the Department of State | ||
Police and the law enforcement
agency having jurisdiction of | ||
the new place of residence, change in
employment, or school.
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If any person required to register under this Article | ||
intends to establish
establishes a
residence or employment | ||
outside of the State of Illinois, at least
within 10 days
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before
after establishing that residence or employment, he or | ||
she shall, in writing,
inform the law enforcement agency with | ||
which he or she last registered of his
or her out-of-state | ||
intended residence or employment. The law enforcement agency | ||
with
which such person last registered shall, within 3 days | ||
notice of an address or
employment change, notify the | ||
Department of State Police. The Department of
State Police | ||
shall forward such information to the out-of-state law | ||
enforcement
agency having jurisdiction in the form and manner | ||
prescribed by the
Department of State Police.
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(Source: P.A. 91-48, eff. 7-1-99; 91-394, eff. 1-1-00; 92-16, | ||
eff.
6-28-01; 92-828, eff. 8-22-02.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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