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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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            11-20.3 (aggravated 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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            11-9.2 (custodial sexual misconduct),

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            11-9.5 (sexual misconduct with a person with a 
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        disability), 

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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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            11-25 (grooming), 
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            11-26 (traveling to meet a minor), 

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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, the offense was sexually motivated as defined in 
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    Section 10 of the Sex Offender Management Board Act, and 
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    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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        (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 and the defendant was at least
17 years of 
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    age at the time of the commission of the offense, provided 
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    the offense was sexually motivated as defined in Section 10 
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    of the Sex Offender Management Board Act.


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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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    provided the offense was sexually motivated as defined in 
 


 






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    Section 10 of the Sex Offender Management Board Act.


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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), provided the offense was sexually 
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        motivated as defined in Section 10 of the Sex Offender 
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        Management Board Act,


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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 August 22, 2002:


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            11-9 (public indecency for a third or subsequent 
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        conviction).


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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 August 22, 2002.


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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 
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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), and (E-5) of this 
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Section shall
constitute a
conviction for the purpose
of this 
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Article.  A finding or adjudication as a sexually dangerous 
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person
or a sexually violent person under any federal law, 
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Uniform Code of Military
Justice, or the law of another state 
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or
foreign country that is substantially equivalent to the 
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Sexually 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, against 
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a person
under 18 years of age, shall be required to register

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for natural life.
A conviction for an offense of federal, 
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Uniform Code of Military Justice,
sister state, or foreign 
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country law that is substantially equivalent to any
offense 
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listed in subsection (C-5) of this Section shall constitute a

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conviction for the purpose of this Article. This subsection 
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(C-5) applies to a person who committed the offense before June 
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1, 1996 only if the person is incarcerated in an Illinois 
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Department of Corrections facility on August 20, 2004 (the 
 


 






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effective date of Public Act 93-977).

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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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    (D-1) As used in this Article, "supervising officer" means 
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the assigned Illinois Department of Corrections parole agent or 
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county probation officer. 
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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) or (E-5) 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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            11-20.3 (aggravated child pornography),

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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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            12-16 (aggravated criminal sexual abuse),


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            12-33 (ritualized abuse of a child);


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        (2) (blank);


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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;


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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;


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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; or

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        (6) convicted of a second or subsequent offense of 
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    luring a minor under Section 10-5.1 of the Criminal Code of 
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    1961.
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    (E-5)  As used in this Article, "sexual predator" also means 
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a person convicted of a violation or attempted violation of any 
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of the following
Sections of the
Criminal Code of 1961: 
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        (1) Section 9-1 (first degree murder,
when the victim 
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    was a person under 18 years of age and the defendant was at 
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    least
17 years of age at the time of the commission of the 
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    offense, provided the offense was sexually motivated as 
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    defined in Section 10 of the Sex Offender Management Board 
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    Act);
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        (2)  Section 11-9.5 (sexual misconduct with a person 
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    with a disability);
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        (3)  when the victim is a person under 18 years of age, 
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    the
defendant is not a parent of the victim, the offense 
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    was sexually motivated as defined in Section 10 of the Sex 
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    Offender Management Board Act, and the offense was 
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    committed on or
after January 1, 1996:  (A) Section 10-1 
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    (kidnapping), (B)  Section 10-2 (aggravated kidnapping), 
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    (C) Section 10-3 (unlawful restraint),  and (D) Section 
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    10-3.1 (aggravated unlawful restraint); and
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        (4)  Section 10-5(b)(10) (child abduction committed by 
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    luring or
attempting to lure a child under the age of 16 
 


 






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    into a motor vehicle, building,
house trailer, or dwelling 
2
    place without the consent of the parent or lawful
custodian 
3
    of the child for other than a lawful purpose and the 
4
    offense was
committed on or after January 1, 1998, provided 
5
    the offense was sexually motivated as defined in Section 10 
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    of the Sex Offender Management Board Act).
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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 
9
predator who is enrolled in Illinois, on a full-time or 
10
part-time
basis, in any public or private educational 
11
institution, including, but not
limited to, any secondary 
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school, trade or professional institution, or
institution of 
13
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 
16
predator who works in Illinois, regardless of whether the 
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individual
receives payment for services performed, for a 
18
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 
20
operate motor vehicles in the State accrue one day of 
21
employment
time for any portion of a day spent in Illinois.

22
    (H) As used in this Article, "school" means any public or 
23
private educational institution, including, but not limited 
24
to, any elementary or secondary school, trade or professional 
25
institution, or institution of higher education.
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    (I) As used in this Article, "fixed residence" means any 
 


 






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and all places that a sex offender resides for an aggregate 
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period of time of 5 or more days in a calendar year.

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    (J) As used in this Article, "Internet protocol address" 
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means the string of numbers by which a location on the Internet 
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is identified by routers or other computers connected to the 
6
Internet.
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(Source: P.A. 95-331, eff. 8-21-07; 95-579, eff. 6-1-08; 
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95-625, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. 
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8-21-08; 96-301, eff. 8-11-09.)
 
 
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    Section 99. Effective date. This Act takes effect January 
11
1, 2011.