Public Act 093-0977
 
HB6811 Enrolled LRB093 18363 RLC 44070 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 Sections 2 and 6 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),
            11-6 (indecent solicitation of a child),
            11-9.1 (sexual exploitation of a child),
            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),
            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, 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).
            An attempt to commit any of these offenses.
        (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.
        (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.
        (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),
            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 the effective date of
    this amendatory Act of the 92nd General Assembly:
            11-9 (public indecency for a third or subsequent
        conviction),
            11-9.2 (custodial sexual misconduct).
        (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 the effective
    date of this amendatory Act of the 92nd General Assembly.
        (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) 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,
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.
    (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.
    (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) 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),
            12-13 (criminal sexual assault, if the victim is a
        person under 12 years of age),
            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); or
        (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
        (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
        (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) 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.
    (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.
(Source: P.A. 91-48, eff. 7-1-99; 92-828, eff. 8-22-02.)
 
    (730 ILCS 150/6)  (from Ch. 38, par. 226)
    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
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
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.
    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
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.
(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.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.