93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB7001


 
Introduced 02/09/04, by Chapin Rose
 
SYNOPSIS AS INTRODUCED:
 		














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







    Amends the Sex Offender Registration Act. Defines school for the purpose of sex offender registration to include an institution of higher learning.  Effective immediately.
















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB7001

LRB093 18053 RLC 43739 b






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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 
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changing Section 2 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 
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person who is:


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        (1) charged pursuant to Illinois law, or any 
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    substantially similar
federal, Uniform Code of Military 
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    Justice, sister state, or foreign country
law,
with a sex 
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    offense set forth
in subsection (B) of this Section or the 
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    attempt to commit an included sex
offense, and:


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            (a) is convicted of such offense or an attempt to 
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        commit such offense;
or


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            (b) is found not guilty by reason of insanity of 
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        such offense or an
attempt to commit such offense; or


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            (c) is found not guilty by reason of insanity 
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        pursuant to Section
104-25(c) of the Code of Criminal 
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        Procedure of 1963 of such offense or an
attempt to 
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        commit such offense; or


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            (d) is the subject of a finding not resulting in an 
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        acquittal at a
hearing conducted pursuant to Section 
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        104-25(a) of the Code of Criminal
Procedure of 1963 for 
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        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 
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        following a hearing
conducted pursuant to a federal, 
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        Uniform Code of Military Justice, sister
state, or 
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        foreign country law
substantially similar to Section 
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        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 
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        offense; or


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


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


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


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


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

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

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    Convictions that result from or are connected with the same 
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act, or result
from offenses committed at the same time, shall 
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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 
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for purposes of this Article.

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For purposes of this Section, "convicted" shall have the 
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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 
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    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 
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        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 
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        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 
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    the
Criminal Code of 1961, when the victim is a person 
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    under 18 years of age, the
defendant is not a parent of the 
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    victim, and the offense was committed on or
after January 
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    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 
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    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 
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    at the time of the commission of the offense, and the 
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    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 
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    11-11 (sexual
relations within families) of the Criminal 
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    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 
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    subsection
(b) of Section 10-5 of the Criminal Code of 1961 
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    committed by luring or
attempting to lure a child under the 
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    age of 16 into a motor vehicle, building,
house trailer, or 
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    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 
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    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 
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    following Sections
of the Criminal Code of 1961 when the 
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    offense was committed on or after July
1, 1999:


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


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


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


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


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


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            11-9 (public indecency for a third or subsequent 
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        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) 
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    when the
offense was committed on or after the effective 
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    date of this amendatory Act of
the 92nd General Assembly.


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

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    (C) A conviction for an offense of federal law, Uniform 
9
Code of Military
Justice, or the law of another state
or a 
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foreign country that is substantially equivalent to any offense 
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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 
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finding or adjudication as a sexually dangerous person
or a 
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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 
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Dangerous
Persons Act or the Sexually Violent Persons 
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Commitment Act shall constitute an
adjudication for the 
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purposes of this Article.

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

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    (D) As used in this Article, "law enforcement agency having 
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jurisdiction"
means the Chief of Police in each of the 
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municipalities in which the sex offender
expects to reside, 
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work, or attend school (1) upon his or her discharge,
parole or 
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release or
(2) during the service of his or her sentence of 
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probation or conditional
discharge, or the Sheriff of the 
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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 
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area.
"Law enforcement agency having jurisdiction" includes 
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the location where
out-of-state students attend school and 
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where out-of-state employees are
employed or are otherwise 
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required to register.

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


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

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

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


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            11-17.1 (keeping a place of juvenile 
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        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 
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        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 
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        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 
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    of the Criminal
Code of 1961, when the victim was a person 
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    under 18 years of age and the
defendant was at least 17 
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    years of age at the time of the commission of the
offense; 
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    or


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


 


 






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


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

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

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    (F) As used in this Article, "out-of-state student" means 
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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 
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school, trade or professional institution, or
institution of 
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higher learning.

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    (G) As used in this Article, "out-of-state employee" means 
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any sex
offender, as defined in this Section,
or sexual 
21
predator who works in Illinois, regardless of whether the 
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individual
receives payment for services performed, for a 
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period of time of 10 or more days
or for an aggregate period of 
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time of 30 or more days
during any calendar year.
Persons who 
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operate motor vehicles in the State accrue one day of 
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employment
time for any portion of a day spent in Illinois.
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    (H) As used in this Article, "school" includes  any public 
28
or private educational institution, including, but not
limited 
29
to, any secondary school, trade or professional institution, or

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institution of higher learning.


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

 

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