93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6811


 
Introduced 02/09/04, by Patricia Bailey - William Delgado - Patricia Reid Lindner - Lovana Jones - Chapin Rose
 
SYNOPSIS AS INTRODUCED:
 		
















730 ILCS 150/2
  from Ch. 38, par. 222


730 ILCS 150/6
  from Ch. 38, par. 226







    Amends the Sex Offender Registration Act.  Provides that a person at least 17 years of age at the time of the commission of
the offense who is convicted of first degree murder, committed on or after January 1, 1986 (rather than committed on or after June 1, 1996) against a person
under 18 years of age, shall be required to register
as a sex offender for his or her natural life.
Provides that if any person required to register as a sex offender desires to establish a
residence or employment outside of the State of Illinois, at least 10 days before (rather than within 10 days 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 prospective residence or employment. Effective immediately.
















LRB093 18363 RLC 44070 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB6811

LRB093 18363 RLC 44070 b






1
    AN ACT concerning sex offenders.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Sex Offender Registration Act is amended  by 
5
changing Sections 2 and 6 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 
9
person 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 
24
        acquittal at a
hearing conducted pursuant to Section 
25
        104-25(a) of the Code of Criminal
Procedure of 1963 for 
26
        the alleged commission or attempted commission of such

27
        offense; or


28
            (e) is found not guilty by reason of insanity 
29
        following a hearing
conducted pursuant to a federal, 
30
        Uniform Code of Military Justice, sister
state, or 
31
        foreign country law
substantially similar to Section 
32
        104-25(c) of the Code of Criminal Procedure
of 1963 of 
 


 






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        such offense or of the attempted commission of such 
2
        offense; or


3
            (f) is the subject of a finding not resulting in an 
4
        acquittal at a
hearing conducted pursuant to a federal, 
5
        Uniform Code of Military Justice,
sister state, or 
6
        foreign country law
substantially similar to Section 
7
        104-25(a) of the Code of Criminal Procedure
of 1963 for 
8
        the alleged violation or attempted commission of such 
9
        offense;
or


10
        (2) certified as a sexually dangerous person pursuant 
11
    to the Illinois
Sexually Dangerous Persons Act, or any 
12
    substantially similar federal, Uniform
Code of Military 
13
    Justice, sister
state, or foreign country law; or


14
        (3) subject to the provisions of Section 2 of the 
15
    Interstate
Agreements on Sexually Dangerous Persons Act; 
16
    or


17
        (4) found to be a sexually violent person pursuant to 
18
    the Sexually
Violent Persons Commitment Act or any 
19
    substantially similar federal, Uniform
Code of Military 
20
    Justice, sister
state, or foreign country law; or


21
        (5) adjudicated a juvenile delinquent as the result of 
22
    committing or
attempting to commit an act which, if 
23
    committed by an adult, would constitute
any of the offenses 
24
    specified in item (B), (C), or (C-5) of this Section or a

25
    violation of any substantially similar federal, Uniform 
26
    Code of Military
Justice, sister state, or foreign
country 
27
    law, or found guilty under Article V of the Juvenile Court 
28
    Act of 1987
of committing or attempting to commit an act 
29
    which, if committed by an adult,
would constitute any of 
30
    the offenses specified in item (B), (C), or (C-5) of
this 
31
    Section or a violation of any substantially similar 
32
    federal, Uniform Code
of Military Justice, sister state,
or 
33
    foreign country law.

34
    Convictions that result from or are connected with the same 
35
act, or result
from offenses committed at the same time, shall 
36
be counted for the purpose of
this Article as one conviction.  
 


 






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Any conviction set aside pursuant to law is
not a conviction 
2
for purposes of this Article.

3
    
For purposes of this Section, "convicted" shall have the 
4
same meaning as
"adjudicated".

5
    (B) As used in this Article, "sex offense" means:


6
        (1) A violation of any of the following Sections of the 
7
    Criminal Code of
1961:


8
            11-20.1 (child pornography),


9
            11-6 (indecent solicitation of a child),


10
            11-9.1 (sexual exploitation of a child),


11
            11-15.1 (soliciting for a juvenile prostitute),


12
            11-18.1 (patronizing a juvenile prostitute),


13
            11-17.1 (keeping a place of juvenile 
14
        prostitution),


15
            11-19.1 (juvenile pimping),


16
            11-19.2 (exploitation of a child),


17
            12-13 (criminal sexual assault),


18
            12-14 (aggravated criminal sexual assault),


19
            12-14.1 (predatory criminal sexual assault of a 
20
        child),


21
            12-15 (criminal sexual abuse),


22
            12-16 (aggravated criminal sexual abuse),


23
            12-33 (ritualized abuse of a child).


24
            An attempt to commit any of these offenses.


25
        (1.5) A violation of any of the following Sections of 
26
    the
Criminal Code of 1961, when the victim is a person 
27
    under 18 years of age, the
defendant is not a parent of the 
28
    victim, and the offense was committed on or
after January 
29
    1, 1996:


30
            10-1 (kidnapping),


31
            10-2 (aggravated kidnapping),


32
            10-3 (unlawful restraint),


33
            10-3.1 (aggravated unlawful restraint).


34
            An attempt to commit any of these offenses.


35
        (1.6) First degree murder under Section 9-1 of the 
36
    Criminal Code of 1961,
when the victim was a person under 
 


 






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    18 years of age, the defendant was at least
17 years of age 
2
    at the time of the commission of the offense, and the 
3
    offense
was committed on or after June 1, 1996.


4
        (1.7) (Blank).


5
        (1.8) A violation or attempted violation of Section 
6
    11-11 (sexual
relations within families) of the Criminal 
7
    Code of 1961, and the offense was committed on or after

8
    June 1, 1997.


9
        (1.9)   Child abduction under paragraph (10) of 
10
    subsection
(b) of Section 10-5 of the Criminal Code of 1961 
11
    committed by luring or
attempting to lure a child under the 
12
    age of 16 into a motor vehicle, building,
house trailer, or 
13
    dwelling place without the consent of the parent or lawful

14
    custodian of the child for other than a lawful purpose and 
15
    the offense was
committed on or after January 1, 1998.


16
        (1.10) A violation or attempted violation of any of the 
17
    following Sections
of the Criminal Code of 1961 when the 
18
    offense was committed on or after July
1, 1999:


19
            10-4 (forcible detention, if the victim is under 18 
20
        years of age),


21
            11-6.5 (indecent solicitation of an adult),


22
            11-15 (soliciting for a prostitute, if the victim 
23
        is under 18 years
of age),


24
            11-16 (pandering, if the victim is under 18 years 
25
        of age),


26
            11-18 (patronizing a prostitute, if the victim is 
27
        under 18 years
of age),


28
            11-19 (pimping, if the victim is under 18 years of 
29
        age).


30
        (1.11) A violation or attempted violation of any of the 
31
    following
Sections of the Criminal Code of 1961 when the 
32
    offense was committed on or
after the effective date of 
33
    this amendatory Act of the 92nd General Assembly:


34
            11-9 (public indecency for a third or subsequent 
35
        conviction),


36
            11-9.2 (custodial sexual misconduct).


 


 






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        (1.12) A violation or attempted violation of Section

2
    5.1 of the Wrongs to Children Act (permitting sexual abuse) 
3
    when the
offense was committed on or after the effective 
4
    date of this amendatory Act of
the 92nd General Assembly.


5
        (2) A violation of any former law of this State 
6
    substantially equivalent
to any offense listed in 
7
    subsection (B) of this Section.

8
    (C) A conviction for an offense of federal law, Uniform 
9
Code of Military
Justice, or the law of another state
or a 
10
foreign country that is substantially equivalent to any offense 
11
listed
in subsections (B), (C), and (E) of this Section shall

12
constitute a
conviction for the purpose
of this Article.  A 
13
finding or adjudication as a sexually dangerous person
or a 
14
sexually violent person under any federal law, Uniform Code of 
15
Military
Justice, or the law of another state or
foreign 
16
country that is substantially equivalent to the Sexually 
17
Dangerous
Persons Act or the Sexually Violent Persons 
18
Commitment Act shall constitute an
adjudication for the 
19
purposes of this Article.

20
    (C-5) A person at least 17 years of age at the time of the 
21
commission of
the offense who is convicted of first degree 
22
murder under Section 9-1 of the
Criminal Code of 1961, 
23
committed on or after January 1, 1986
June 1, 1996 against a 
24
person
under 18 years of age, shall be required to register
for 
25
natural life.
A conviction for an offense of federal, Uniform 
26
Code of Military Justice,
sister state, or foreign country law 
27
that is substantially equivalent to any
offense listed in 
28
subsection (C-5) of this Section shall constitute a
conviction 
29
for the purpose of this Article.

30
    (D) As used in this Article, "law enforcement agency having 
31
jurisdiction"
means the Chief of Police in each of the 
32
municipalities in which the sex offender
expects to reside, 
33
work, or attend school (1) upon his or her discharge,
parole or 
34
release or
(2) during the service of his or her sentence of 
35
probation or conditional
discharge, or the Sheriff of the 
36
county, in the event no Police Chief exists
or if the offender 
 


 






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intends to reside, work, or attend school in an
unincorporated 
2
area.
"Law enforcement agency having jurisdiction" includes 
3
the location where
out-of-state students attend school and 
4
where out-of-state employees are
employed or are otherwise 
5
required to register.

6
    (E) As used in this Article, "sexual predator" means any 
7
person who,
after July 1, 1999, is:


8
        (1) Convicted for an offense of federal, Uniform Code 
9
    of Military
Justice, sister state, or foreign country law 
10
    that is substantially equivalent
to any offense listed in 
11
    subsection (E) of this Section shall constitute a

12
    conviction for the purpose of this Article.
Convicted of a 
13
    violation or attempted violation of any of the following

14
    Sections of the
Criminal Code of 1961, if the conviction 
15
    occurred after July
1, 1999:


16
            11-17.1 (keeping a place of juvenile 
17
        prostitution),


18
            11-19.1 (juvenile pimping),


19
            11-19.2 (exploitation of a child),


20
            11-20.1 (child pornography),


21
            12-13 (criminal sexual assault, if the victim is a 
22
        person under 12
years of age),


23
            12-14 (aggravated criminal sexual assault),


24
            12-14.1 (predatory criminal sexual assault of a 
25
        child),


26
            12-16 (aggravated criminal sexual abuse),


27
            12-33 (ritualized abuse of a child); or


28
        (2) convicted of first degree murder under Section 9-1 
29
    of the Criminal
Code of 1961, when the victim was a person 
30
    under 18 years of age and the
defendant was at least 17 
31
    years of age at the time of the commission of the
offense; 
32
    or


33
        (3) certified as a sexually dangerous person pursuant 
34
    to the Sexually
Dangerous Persons Act or any substantially 
35
    similar federal, Uniform Code of
Military Justice, sister 
36
    state, or
foreign country law; or


 


 






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        (4) found to be a sexually violent person pursuant to 
2
    the Sexually Violent
Persons Commitment Act or any 
3
    substantially similar federal, Uniform Code of
Military 
4
    Justice, sister state, or
foreign country law; or


5
        (5) convicted of a second or subsequent offense which 
6
    requires
registration pursuant to this Act.  The conviction 
7
    for the second or subsequent
offense must have occurred 
8
    after July 1, 1999.  For purposes of this paragraph
(5), 
9
    "convicted" shall include a conviction under any

10
    substantially similar
Illinois, federal, Uniform Code of 
11
    Military Justice, sister state, or
foreign country law.

12
    (F) As used in this Article, "out-of-state student" means 
13
any sex
offender, as defined in this Section,
or sexual 
14
predator who is enrolled in Illinois, on a full-time or 
15
part-time
basis, in any public or private educational 
16
institution, including, but not
limited to, any secondary 
17
school, trade or professional institution, or
institution of 
18
higher learning.

19
    (G) As used in this Article, "out-of-state employee" means 
20
any sex
offender, as defined in this Section,
or sexual 
21
predator who works in Illinois, regardless of whether the 
22
individual
receives payment for services performed, for a 
23
period of time of 10 or more days
or for an aggregate period of 
24
time of 30 or more days
during any calendar year.
Persons who 
25
operate motor vehicles in the State accrue one day of 
26
employment
time for any portion of a day spent in Illinois.

27
(Source: P.A. 91-48, eff. 7-1-99; 92-828, eff. 8-22-02.)

 



28
    (730 ILCS 150/6)  (from Ch. 38, par. 226)



29
    Sec. 6. Duty to report; change of address, school, or 
30
employment; duty
to inform.
A person who has been adjudicated 
31
to be sexually dangerous or is a sexually
violent person and is 
32
later released, or found to be no longer sexually
dangerous or 
33
no longer a sexually violent person and discharged, shall 
34
report in
person to the law enforcement agency with whom he or 
35
she last registered no
later than 90 days after the date of his 
 


 






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or her last registration and every 90
days thereafter.  Any 
2
other person who is required to register under this
Article 
3
shall report in person to the appropriate law enforcement 
4
agency with
whom he or she last registered within one year from 
5
the date of last
registration and every year thereafter. If any 
6
person required to register
under this Article changes his or 
7
her residence address, place of
employment,
or school, he or 
8
she shall, in writing, within 10 days inform the law

9
enforcement agency
with whom he or she last registered of his 
10
or her new address, change in
employment, or school and 
11
register with the appropriate law enforcement
agency within the

12
time period specified in Section 3.  The law enforcement agency 
13
shall, within 3
days of receipt, notify the Department of State 
14
Police and the law enforcement
agency having jurisdiction of 
15
the new place of residence, change in
employment, or school.

16
    If any person required to register under this Article 
17
desires to establish
establishes a
residence or employment 
18
outside of the State of Illinois, at least
within 10 days

19
before
after establishing that residence or employment, he or 
20
she shall, in writing,
inform the law enforcement agency with 
21
which he or she last registered of his
or her out-of-state 
22
prospective residence or employment.  The law enforcement 
23
agency with
which such person last registered shall, within 3 
24
days notice of an address or
employment change, notify the 
25
Department of State Police.  The Department of
State Police 
26
shall forward such information to the out-of-state law 
27
enforcement
agency having jurisdiction in the form and manner 
28
prescribed by the
Department of State Police.

29
(Source: P.A. 91-48, eff. 7-1-99; 91-394, eff. 1-1-00; 92-16, 
30
eff.
6-28-01; 92-828, eff. 8-22-02.)

 

31
    Section 99. Effective date. This Act takes effect upon 
32
becoming law.