103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1399

 

Introduced 1/31/2023, by Rep. Natalie A. Manley

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/11-9.2-1 new
720 ILCS 5/11-9.2-2 new
730 ILCS 150/2  from Ch. 38, par. 222
730 ILCS 150/7  from Ch. 38, par. 227

    Amends the Criminal Code of 2012. Creates the offense of lewd sexual display in a penal institution. Provides that a person commits the offense when he or she is in the custody of a penal institution and knowingly engages in any of the following acts while he or she is confined in a penal institution: engages in a lewd exposure of the body or sex organs, anus, or breast, for the purpose or effect of intimidating, harassing, or threatening one whom he or she believes to be in the presence or view of such acts. Excludes from the definition of "penal Institution" a facility of the Department of Juvenile Justice or a juvenile detention facility. Provides that lewd sexual display in a penal institution is a Class A misdemeanor, except that a person convicted of a third or subsequent violation is guilty of a Class 4 felony. Provides that the Illinois Criminal Justice Information Authority shall compile certain data provided to it and provide an annual report to the Governor and the General Assembly on or before January 1 of each year. Provides that the Illinois Criminal Justice Information Authority may include findings or recommendations in its published annual report. Amends the Sex Offender Registration Act. Provides that "sex offense" under the Act includes a third violation of lewd sexual display in a penal institution committed on or after the effective date of the amendatory Act and before January 1, 2030. Provides that a person convicted of a third violation of lewd sexual display in a penal institution, committed on or after the effective date of the amendatory Act and before January 1, 2030, who is required to register under the Act shall be required to register for a period of 10 years after conviction or adjudication if not confined to a penal institution, hospital, or any other institution or facility, and if confined, for a period of 10 years after parole, discharge, or release from any such facility. Repeals the Sections creating the offense of and reporting requirements regarding lewd sexual display in a penal institution on January 1, 2030.


LRB103 24972 RLC 51306 b

 

 

A BILL FOR

 

HB1399LRB103 24972 RLC 51306 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by adding
5Sections 11-9.2-1 and 11-9.2-2 as follows:
 
6    (720 ILCS 5/11-9.2-1 new)
7    Sec. 11-9.2-1. Lewd sexual display in a penal institution.
8    (a) A person commits lewd sexual display in a penal
9institution when he or she is in the custody of a penal
10institution and knowingly engages in any of the following acts
11while he or she is confined in a penal institution: engages in
12a lewd exposure of the body or sex organs, anus, or breast, for
13the purpose or effect of intimidating, harassing, or
14threatening one whom he or she believes to be in the presence
15or view of such acts. For purposes of this Section, "penal
16institution" does not include a facility of the Department of
17Juvenile Justice or a juvenile detention facility.
18    (b) Sentence. Lewd sexual display in a penal institution
19is a Class A misdemeanor. A person convicted of a third or
20subsequent violation for lewd sexual display in a penal
21institution is guilty of a Class 4 felony.
22    (c) A person charged with a violation of this Section
23shall be eligible for an evaluation for a mental health court

 

 

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1program under the Mental Health Court Treatment Act, the
2provisions of Section 20 of that Act notwithstanding, and
3shall be given an eligibility screening and an assessment,
4pursuant to the provisions of Section 25 of the Mental Health
5Court Treatment Act, administered by a qualified mental health
6court professional independent of the penal institution where
7the individual is in custody.
8    (d) Notwithstanding the provisions of subsection (e) of
9Section 25 of the Mental Health Court Treatment Act, a person
10who has been charged with a violation of this Section shall not
11be liable for any fines, fees, costs, or restitution unless
12the person fails to successfully complete that person's
13court-ordered mental health court treatment program.
14    (e) All charges against a person for a violation of this
15Section shall be dismissed upon the court's determination that
16the person has successfully completed the person's
17court-ordered mental health court treatment program.
18Unwillingness or failure to successfully complete a
19court-ordered mental health court treatment program shall
20result in a conviction and the convicted person shall be
21subject to the penalties under subsection (b).
22    (f) A person is not guilty of a violation of this Section
23for engaging in the conduct prohibited by this Section, if any
24of the following are true:
25        (1) the person is under 18 years of age or not confined
26    to a penal institution;

 

 

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1        (2) the person suffered from a behavioral health issue
2    at the time of the prohibited conduct and that behavioral
3    health issue was the direct cause for the person having
4    engaged in the prohibited conduct; or
5        (3) the person was not in the actual presence or view
6    of another person.
7    (g) This Section is repealed on January 1, 2030.
 
8    (720 ILCS 5/11-9.2-2 new)
9    Sec. 11-9.2-2. Lewd sexual display in a penal institution
10annual report; sunset date.
11    (a) The Illinois Criminal Justice Information Authority
12shall compile data provided to it pursuant to this Section and
13provide an annual report to the Governor and the General
14Assembly on or before January 1 of each year. The Illinois
15Criminal Justice Information Authority may include findings or
16recommendations in its published annual report.
17    (b) The following data shall be provided to the Illinois
18Criminal Justice Information Authority on or before October 1
19of each year:
20        (1) each penal institution shall provide the number of
21    persons referred to a county State's Attorney for
22    prosecution of a violation of Section 11-9.2-1, the
23    demographic data of the referred persons, including, but
24    not limited to, age and sex, and any underlying charge or
25    charges upon which the referred person is being held in

 

 

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1    the custody of the penal institution; and
2        (2) each county State's Attorney shall provide the
3    number of persons charged by that State's Attorney for a
4    violation of Section 11-9.2-1, the demographic data of the
5    charged persons, including, but not limited to, age and
6    sex, and the case disposition, or lack thereof, of each
7    charged person.
8    (c) This Section is repealed on January 1, 2030.
 
9    Section 10. The Sex Offender Registration Act is amended
10by changing Sections 2 and 7 as follows:
 
11    (730 ILCS 150/2)  (from Ch. 38, par. 222)
12    Sec. 2. Definitions.
13    (A) As used in this Article, "sex offender" means any
14person who is:
15        (1) charged pursuant to Illinois law, or any
16    substantially similar federal, Uniform Code of Military
17    Justice, sister state, or foreign country law, with a sex
18    offense set forth in subsection (B) of this Section or the
19    attempt to commit an included sex offense, and:
20            (a) is convicted of such offense or an attempt to
21        commit such offense; or
22            (b) is found not guilty by reason of insanity of
23        such offense or an attempt to commit such offense; or
24            (c) is found not guilty by reason of insanity

 

 

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1        pursuant to Section 104-25(c) of the Code of Criminal
2        Procedure of 1963 of such offense or an attempt to
3        commit such offense; or
4            (d) is the subject of a finding not resulting in an
5        acquittal at a hearing conducted pursuant to Section
6        104-25(a) of the Code of Criminal Procedure of 1963
7        for the alleged commission or attempted commission of
8        such offense; or
9            (e) is found not guilty by reason of insanity
10        following a hearing conducted pursuant to a federal,
11        Uniform Code of Military Justice, sister state, or
12        foreign country law substantially similar to Section
13        104-25(c) of the Code of Criminal Procedure of 1963 of
14        such offense or of the attempted commission of such
15        offense; or
16            (f) is the subject of a finding not resulting in an
17        acquittal at a hearing conducted pursuant to a
18        federal, Uniform Code of Military Justice, sister
19        state, or foreign country law substantially similar to
20        Section 104-25(a) of the Code of Criminal Procedure of
21        1963 for the alleged violation or attempted commission
22        of such offense; or
23        (2) declared as a sexually dangerous person pursuant
24    to the Illinois Sexually Dangerous Persons Act, or any
25    substantially similar federal, Uniform Code of Military
26    Justice, sister state, or foreign country law; or

 

 

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1        (3) subject to the provisions of Section 2 of the
2    Interstate Agreements on Sexually Dangerous Persons Act;
3    or
4        (4) found to be a sexually violent person pursuant to
5    the Sexually Violent Persons Commitment Act or any
6    substantially similar federal, Uniform Code of Military
7    Justice, sister state, or foreign country law; or
8        (5) adjudicated a juvenile delinquent as the result of
9    committing or attempting to commit an act which, if
10    committed by an adult, would constitute any of the
11    offenses specified in item (B), (C), or (C-5) of this
12    Section or a violation of any substantially similar
13    federal, Uniform Code of Military Justice, sister state,
14    or foreign country law, or found guilty under Article V of
15    the Juvenile Court Act of 1987 of committing or attempting
16    to commit an act which, if committed by an adult, would
17    constitute any of the offenses specified in item (B), (C),
18    or (C-5) of this Section or a violation of any
19    substantially similar federal, Uniform Code of Military
20    Justice, sister state, or foreign country law.
21    Convictions that result from or are connected with the
22same act, or result from offenses committed at the same time,
23shall be counted for the purpose of this Article as one
24conviction. Any conviction set aside pursuant to law is not a
25conviction for purposes of this Article.
26     For purposes of this Section, "convicted" shall have the

 

 

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1same meaning as "adjudicated".
2    (B) As used in this Article, "sex offense" means:
3        (1) A violation of any of the following Sections of
4    the Criminal Code of 1961 or the Criminal Code of 2012:
5            11-20.1 (child pornography),
6            11-20.1B or 11-20.3 (aggravated child
7        pornography),
8            11-6 (indecent solicitation of a child),
9            11-9.1 (sexual exploitation of a child),
10            11-9.2 (custodial sexual misconduct),
11            11-9.5 (sexual misconduct with a person with a
12        disability),
13            11-14.4 (promoting juvenile prostitution),
14            11-15.1 (soliciting for a juvenile prostitute),
15            11-18.1 (patronizing a juvenile prostitute),
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            11-25 (grooming),
21            11-26 (traveling to meet a minor or traveling to
22        meet a child),
23            11-1.20 or 12-13 (criminal sexual assault),
24            11-1.30 or 12-14 (aggravated criminal sexual
25        assault),
26            11-1.40 or 12-14.1 (predatory criminal sexual

 

 

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1        assault of a child),
2            11-1.50 or 12-15 (criminal sexual abuse),
3            11-1.60 or 12-16 (aggravated criminal sexual
4        abuse),
5            12-33 (ritualized abuse of a child).
6            An attempt to commit any of these offenses.
7        (1.5) A violation of any of the following Sections of
8    the Criminal Code of 1961 or the Criminal Code of 2012,
9    when the victim is a person under 18 years of age, the
10    defendant is not a parent of the victim, the offense was
11    sexually motivated as defined in Section 10 of the Sex
12    Offender Evaluation and Treatment Act, and the offense was
13    committed on or after January 1, 1996:
14            10-1 (kidnapping),
15            10-2 (aggravated kidnapping),
16            10-3 (unlawful restraint),
17            10-3.1 (aggravated unlawful restraint).
18        If the offense was committed before January 1, 1996,
19    it is a sex offense requiring registration only when the
20    person is convicted of any felony after July 1, 2011, and
21    paragraph (2.1) of subsection (c) of Section 3 of this Act
22    applies.
23        (1.6) First degree murder under Section 9-1 of the
24    Criminal Code of 1961 or the Criminal Code of 2012,
25    provided the offense was sexually motivated as defined in
26    Section 10 of the Sex Offender Management Board Act.

 

 

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1        (1.7) (Blank).
2        (1.8) A violation or attempted violation of Section
3    11-11 (sexual relations within families) of the Criminal
4    Code of 1961 or the Criminal Code of 2012, and the offense
5    was committed on or after June 1, 1997. If the offense was
6    committed before June 1, 1997, it is a sex offense
7    requiring registration only when the person is convicted
8    of any felony after July 1, 2011, and paragraph (2.1) of
9    subsection (c) of Section 3 of this Act applies.
10        (1.9) Child abduction under paragraph (10) of
11    subsection (b) of Section 10-5 of the Criminal Code of
12    1961 or the Criminal Code of 2012 committed by luring or
13    attempting to lure a child under the age of 16 into a motor
14    vehicle, building, house trailer, or dwelling place
15    without the consent of the parent or lawful custodian of
16    the child for other than a lawful purpose and the offense
17    was committed on or after January 1, 1998, provided the
18    offense was sexually motivated as defined in Section 10 of
19    the Sex Offender Management Board Act. If the offense was
20    committed before January 1, 1998, it is a sex offense
21    requiring registration only when the person is convicted
22    of any felony after July 1, 2011, and paragraph (2.1) of
23    subsection (c) of Section 3 of this Act applies.
24        (1.10) A violation or attempted violation of any of
25    the following Sections of the Criminal Code of 1961 or the
26    Criminal Code of 2012 when the offense was committed on or

 

 

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1    after July 1, 1999:
2            10-4 (forcible detention, if the victim is under
3        18 years of age), provided the offense was sexually
4        motivated as defined in Section 10 of the Sex Offender
5        Management Board Act,
6            11-6.5 (indecent solicitation of an adult),
7            11-14.3 that involves soliciting for a prostitute,
8        or 11-15 (soliciting for a prostitute, if the victim
9        is under 18 years of age),
10            subdivision (a)(2)(A) or (a)(2)(B) of Section
11        11-14.3, or Section 11-16 (pandering, if the victim is
12        under 18 years of age),
13            11-18 (patronizing a prostitute, if the victim is
14        under 18 years of age),
15            subdivision (a)(2)(C) of Section 11-14.3, or
16        Section 11-19 (pimping, if the victim is under 18
17        years of age).
18        If the offense was committed before July 1, 1999, it
19    is a sex offense requiring registration only when the
20    person is convicted of any felony after July 1, 2011, and
21    paragraph (2.1) of subsection (c) of Section 3 of this Act
22    applies.
23        (1.11) A violation or attempted violation of any of
24    the following Sections of the Criminal Code of 1961 or the
25    Criminal Code of 2012 when the offense was committed on or
26    after August 22, 2002:

 

 

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1            11-9 or 11-30 (public indecency for a third or
2        subsequent conviction).
3        If the third or subsequent conviction was imposed
4    before August 22, 2002, it is a sex offense requiring
5    registration only when the person is convicted of any
6    felony after July 1, 2011, and paragraph (2.1) of
7    subsection (c) of Section 3 of this Act applies.
8        (1.12) A violation or attempted violation of Section
9    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
10    Criminal Code of 1961 or the Criminal Code of 2012
11    (permitting sexual abuse) when the offense was committed
12    on or after August 22, 2002. If the offense was committed
13    before August 22, 2002, it is a sex offense requiring
14    registration only when the person is convicted of any
15    felony after July 1, 2011, and paragraph (2.1) of
16    subsection (c) of Section 3 of this Act applies.
17        (1.13) A third violation of Section 11-9.2-1 (lewd
18    sexual display in a penal institution) of the Criminal
19    Code of 2012, committed on or after the effective date of
20    this amendatory Act of the 103rd General Assembly and
21    before January 1, 2030.
22        (2) A violation of any former law of this State
23    substantially equivalent to any offense listed in
24    subsection (B) of this Section.
25    (C) A conviction for an offense of federal law, Uniform
26Code of Military Justice, or the law of another state or a

 

 

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1foreign country that is substantially equivalent to any
2offense listed in subsections (B), (C), (E), and (E-5) of this
3Section shall constitute a conviction for the purpose of this
4Article. A finding or adjudication as a sexually dangerous
5person or a sexually violent person under any federal law,
6Uniform Code of Military Justice, or the law of another state
7or foreign country that is substantially equivalent to the
8Sexually Dangerous Persons Act or the Sexually Violent Persons
9Commitment Act shall constitute an adjudication for the
10purposes of this Article.
11    (C-5) A person at least 17 years of age at the time of the
12commission of the offense who is convicted of first degree
13murder under Section 9-1 of the Criminal Code of 1961 or the
14Criminal Code of 2012, against a person under 18 years of age,
15shall be required to register for natural life. A conviction
16for an offense of federal, Uniform Code of Military Justice,
17sister state, or foreign country law that is substantially
18equivalent to any offense listed in subsection (C-5) of this
19Section shall constitute a conviction for the purpose of this
20Article. This subsection (C-5) applies to a person who
21committed the offense before June 1, 1996 if: (i) the person is
22incarcerated in an Illinois Department of Corrections facility
23on August 20, 2004 (the effective date of Public Act 93-977),
24or (ii) subparagraph (i) does not apply and the person is
25convicted of any felony after July 1, 2011, and paragraph
26(2.1) of subsection (c) of Section 3 of this Act applies.

 

 

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1    (C-6) A person who is convicted or adjudicated delinquent
2of first degree murder as defined in Section 9-1 of the
3Criminal Code of 1961 or the Criminal Code of 2012, against a
4person 18 years of age or over, shall be required to register
5for his or her natural life. A conviction for an offense of
6federal, Uniform Code of Military Justice, sister state, or
7foreign country law that is substantially equivalent to any
8offense listed in subsection (C-6) of this Section shall
9constitute a conviction for the purpose of this Article. This
10subsection (C-6) does not apply to those individuals released
11from incarceration more than 10 years prior to January 1, 2012
12(the effective date of Public Act 97-154).
13    (D) As used in this Article, "law enforcement agency
14having jurisdiction" means the Chief of Police in each of the
15municipalities in which the sex offender expects to reside,
16work, or attend school (1) upon his or her discharge, parole or
17release or (2) during the service of his or her sentence of
18probation or conditional discharge, or the Sheriff of the
19county, in the event no Police Chief exists or if the offender
20intends to reside, work, or attend school in an unincorporated
21area. "Law enforcement agency having jurisdiction" includes
22the location where out-of-state students attend school and
23where out-of-state employees are employed or are otherwise
24required to register.
25    (D-1) As used in this Article, "supervising officer" means
26the assigned Illinois Department of Corrections parole agent

 

 

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1or county probation officer.
2    (E) As used in this Article, "sexual predator" means any
3person who, after July 1, 1999, is:
4        (1) Convicted for an offense of federal, Uniform Code
5    of Military Justice, sister state, or foreign country law
6    that is substantially equivalent to any offense listed in
7    subsection (E) or (E-5) of this Section shall constitute a
8    conviction for the purpose of this Article. Convicted of a
9    violation or attempted violation of any of the following
10    Sections of the Criminal Code of 1961 or the Criminal Code
11    of 2012:
12            10-5.1 (luring of a minor),
13            11-14.4 that involves keeping a place of juvenile
14        prostitution, or 11-17.1 (keeping a place of juvenile
15        prostitution),
16            subdivision (a)(2) or (a)(3) of Section 11-14.4,
17        or Section 11-19.1 (juvenile pimping),
18            subdivision (a)(4) of Section 11-14.4, or Section
19        11-19.2 (exploitation of a child),
20            11-20.1 (child pornography),
21            11-20.1B or 11-20.3 (aggravated child
22        pornography),
23            11-1.20 or 12-13 (criminal sexual assault),
24            11-1.30 or 12-14 (aggravated criminal sexual
25        assault),
26            11-1.40 or 12-14.1 (predatory criminal sexual

 

 

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1        assault of a child),
2            11-1.60 or 12-16 (aggravated criminal sexual
3        abuse),
4            12-33 (ritualized abuse of a child);
5        (2) (blank);
6        (3) declared as a sexually dangerous person pursuant
7    to the Sexually Dangerous Persons Act or any substantially
8    similar federal, Uniform Code of Military Justice, sister
9    state, or foreign country law;
10        (4) found to be a sexually violent person pursuant to
11    the Sexually Violent Persons Commitment Act or any
12    substantially similar federal, Uniform Code of Military
13    Justice, sister state, or foreign country law;
14        (5) convicted of a second or subsequent offense which
15    requires registration pursuant to this Act. For purposes
16    of this paragraph (5), "convicted" shall include a
17    conviction under any substantially similar Illinois,
18    federal, Uniform Code of Military Justice, sister state,
19    or foreign country law;
20        (6) (blank); or
21        (7) if the person was convicted of an offense set
22    forth in this subsection (E) on or before July 1, 1999, the
23    person is a sexual predator for whom registration is
24    required only when the person is convicted of a felony
25    offense after July 1, 2011, and paragraph (2.1) of
26    subsection (c) of Section 3 of this Act applies.

 

 

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1    (E-5) As used in this Article, "sexual predator" also
2means a person convicted of a violation or attempted violation
3of any of the following Sections of the Criminal Code of 1961
4or the Criminal Code of 2012:
5        (1) Section 9-1 (first degree murder, when the victim
6    was a person under 18 years of age and the defendant was at
7    least 17 years of age at the time of the commission of the
8    offense, provided the offense was sexually motivated as
9    defined in Section 10 of the Sex Offender Management Board
10    Act);
11        (2) Section 11-9.5 (sexual misconduct with a person
12    with a disability);
13        (3) when the victim is a person under 18 years of age,
14    the defendant is not a parent of the victim, the offense
15    was sexually motivated as defined in Section 10 of the Sex
16    Offender Management Board Act, and the offense was
17    committed on or after January 1, 1996: (A) Section 10-1
18    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
19    (C) Section 10-3 (unlawful restraint), and (D) Section
20    10-3.1 (aggravated unlawful restraint); and
21        (4) Section 10-5(b)(10) (child abduction committed by
22    luring or attempting to lure a child under the age of 16
23    into a motor vehicle, building, house trailer, or dwelling
24    place without the consent of the parent or lawful
25    custodian of the child for other than a lawful purpose and
26    the offense was committed on or after January 1, 1998,

 

 

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1    provided the offense was sexually motivated as defined in
2    Section 10 of the Sex Offender Management Board Act).
3    (E-10) As used in this Article, "sexual predator" also
4means a person required to register in another State due to a
5conviction, adjudication or other action of any court
6triggering an obligation to register as a sex offender, sexual
7predator, or substantially similar status under the laws of
8that State.
9    (F) As used in this Article, "out-of-state student" means
10any sex offender, as defined in this Section, or sexual
11predator who is enrolled in Illinois, on a full-time or
12part-time basis, in any public or private educational
13institution, including, but not limited to, any secondary
14school, trade or professional institution, or institution of
15higher learning.
16    (G) As used in this Article, "out-of-state employee" means
17any sex offender, as defined in this Section, or sexual
18predator who works in Illinois, regardless of whether the
19individual receives payment for services performed, for a
20period of time of 10 or more days or for an aggregate period of
21time of 30 or more days during any calendar year. Persons who
22operate motor vehicles in the State accrue one day of
23employment time for any portion of a day spent in Illinois.
24    (H) As used in this Article, "school" means any public or
25private educational institution, including, but not limited
26to, any elementary or secondary school, trade or professional

 

 

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1institution, or institution of higher education.
2    (I) As used in this Article, "fixed residence" means any
3and all places that a sex offender resides for an aggregate
4period of time of 5 or more days in a calendar year.
5    (J) As used in this Article, "Internet protocol address"
6means the string of numbers by which a location on the Internet
7is identified by routers or other computers connected to the
8Internet.
9(Source: P.A. 100-428, eff. 1-1-18.)
 
10    (730 ILCS 150/7)  (from Ch. 38, par. 227)
11    Sec. 7. Duration of registration. A person who has been
12adjudicated to be sexually dangerous and is later released or
13found to be no longer sexually dangerous and discharged, shall
14register for the period of his or her natural life. A sexually
15violent person or sexual predator shall register for the
16period of his or her natural life after conviction or
17adjudication if not confined to a penal institution, hospital,
18or other institution or facility, and if confined, for the
19period of his or her natural life after parole, discharge, or
20release from any such facility. A person who becomes subject
21to registration under paragraph (2.1) of subsection (c) of
22Section 3 of this Article who has previously been subject to
23registration under this Article shall register for the period
24currently required for the offense for which the person was
25previously registered if not confined to a penal institution,

 

 

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1hospital, or other institution or facility, and if confined,
2for the same period after parole, discharge, or release from
3any such facility. Except as otherwise provided in this
4Section, a person who becomes subject to registration under
5this Article who has previously been subject to registration
6under this Article or under the Murderer and Violent Offender
7Against Youth Registration Act or similar registration
8requirements of other jurisdictions shall register for the
9period of his or her natural life if not confined to a penal
10institution, hospital, or other institution or facility, and
11if confined, for the period of his or her natural life after
12parole, discharge, or release from any such facility. A person
13convicted of a third violation of Section 11-9.2-1 of the
14Criminal Code of 2012 (lewd sexual display in a penal
15institution) committed on or after the effective date of this
16amendatory Act of the 103rd General Assembly and before
17January 1, 2030, who is required to register under this
18Article shall be required to register for a period of 10 years
19after conviction or adjudication if not confined to a penal
20institution, hospital, or any other institution or facility,
21and, if confined, for a period of 10 years after parole,
22discharge, or release from any such facility. Any other person
23who is required to register under this Article shall be
24required to register for a period of 10 years after conviction
25or adjudication if not confined to a penal institution,
26hospital or any other institution or facility, and if

 

 

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1confined, for a period of 10 years after parole, discharge or
2release from any such facility. A sex offender who is allowed
3to leave a county, State, or federal facility for the purposes
4of work release, education, or overnight visitations shall be
5required to register within 3 days of beginning such a
6program. Liability for registration terminates at the
7expiration of 10 years from the date of conviction or
8adjudication if not confined to a penal institution, hospital
9or any other institution or facility and if confined, at the
10expiration of 10 years from the date of parole, discharge or
11release from any such facility, providing such person does
12not, during that period, again become liable to register under
13the provisions of this Article. Reconfinement due to a
14violation of parole or other circumstances that relates to the
15original conviction or adjudication shall extend the period of
16registration to 10 years after final parole, discharge, or
17release. Reconfinement due to a violation of parole, a
18conviction reviving registration, or other circumstances that
19do not relate to the original conviction or adjudication shall
20toll the running of the balance of the 10-year period of
21registration, which shall not commence running until after
22final parole, discharge, or release. The Director of the
23Illinois State Police, consistent with administrative rules,
24shall extend for 10 years the registration period of any sex
25offender, as defined in Section 2 of this Act, who fails to
26comply with the provisions of this Article. The registration

 

 

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1period for any sex offender who fails to comply with any
2provision of the Act shall extend the period of registration
3by 10 years beginning from the first date of registration
4after the violation. If the registration period is extended,
5the Illinois State Police shall send a registered letter to
6the law enforcement agency where the sex offender resides
7within 3 days after the extension of the registration period.
8The sex offender shall report to that law enforcement agency
9and sign for that letter. One copy of that letter shall be kept
10on file with the law enforcement agency of the jurisdiction
11where the sex offender resides and one copy shall be returned
12to the Illinois State Police.
13(Source: P.A. 102-538, eff. 8-20-21.)