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.)