103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1432

 

Introduced 1/31/2023, by Rep. Patrick Windhorst

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/11-9.3
720 ILCS 5/11-9.4-1
730 ILCS 150/2  from Ch. 38, par. 222

    Amends the Criminal Code of 2012. Provides that for the purposes of the statutes prohibiting the presence within school zone by child sex offenders and prohibiting their approaching, contacting, residing with, or communicating with a child within certain places and prohibiting sexual predators and child sex offenders presence or loitering in or near public parks, includes in the definition of child sex offender when the victim is a person under 18 years of age at the time of the commission of the offense, a person who committed a violation or attempted violation of the unauthorized video recording and live video transmission offense that involves: (1) knowingly making a video record or transmitting live video of another person without that person's consent in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom; (2) knowingly making a video record or transmitting live video of another person's intimate parts for the purpose of viewing the body of or the undergarments worn by that other person without that person's consent; or (3) placing or causing to be placed a device that makes a video record or transmitting a live video in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom with the intent to make a video record or transmitting live video of another person without that person's consent. Amends the Sex Offender Registration Act. Provides that "sex offense" under the Act includes a person who committed a violation or attempted violation of these video recording or live video transmission violations.


LRB103 05851 RLC 50871 b

 

 

A BILL FOR

 

HB1432LRB103 05851 RLC 50871 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
5changing Sections 11-9.3 and 11-9.4-1 as follows:
 
6    (720 ILCS 5/11-9.3)
7    Sec. 11-9.3. Presence within school zone by child sex
8offenders prohibited; approaching, contacting, residing with,
9or communicating with a child within certain places by child
10sex offenders prohibited.
11    (a) It is unlawful for a child sex offender to knowingly be
12present in any school building, on real property comprising
13any school, or in any conveyance owned, leased, or contracted
14by a school to transport students to or from school or a school
15related activity when persons under the age of 18 are present
16in the building, on the grounds or in the conveyance, unless
17the offender is a parent or guardian of a student attending the
18school and the parent or guardian is: (i) attending a
19conference at the school with school personnel to discuss the
20progress of his or her child academically or socially, (ii)
21participating in child review conferences in which evaluation
22and placement decisions may be made with respect to his or her
23child regarding special education services, or (iii) attending

 

 

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1conferences to discuss other student issues concerning his or
2her child such as retention and promotion and notifies the
3principal of the school of his or her presence at the school or
4unless the offender has permission to be present from the
5superintendent or the school board or in the case of a private
6school from the principal. In the case of a public school, if
7permission is granted, the superintendent or school board
8president must inform the principal of the school where the
9sex offender will be present. Notification includes the nature
10of the sex offender's visit and the hours in which the sex
11offender will be present in the school. The sex offender is
12responsible for notifying the principal's office when he or
13she arrives on school property and when he or she departs from
14school property. If the sex offender is to be present in the
15vicinity of children, the sex offender has the duty to remain
16under the direct supervision of a school official.
17    (a-5) It is unlawful for a child sex offender to knowingly
18be present within 100 feet of a site posted as a pick-up or
19discharge stop for a conveyance owned, leased, or contracted
20by a school to transport students to or from school or a school
21related activity when one or more persons under the age of 18
22are present at the site.
23    (a-10) It is unlawful for a child sex offender to
24knowingly be present in any public park building, a playground
25or recreation area within any publicly accessible privately
26owned building, or on real property comprising any public park

 

 

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1when persons under the age of 18 are present in the building or
2on the grounds and to approach, contact, or communicate with a
3child under 18 years of age, unless the offender is a parent or
4guardian of a person under 18 years of age present in the
5building or on the grounds.
6    (b) It is unlawful for a child sex offender to knowingly
7loiter within 500 feet of a school building or real property
8comprising any school while persons under the age of 18 are
9present in the building or on the grounds, unless the offender
10is a parent or guardian of a student attending the school and
11the parent or guardian is: (i) attending a conference at the
12school with school personnel to discuss the progress of his or
13her child academically or socially, (ii) participating in
14child review conferences in which evaluation and placement
15decisions may be made with respect to his or her child
16regarding special education services, or (iii) attending
17conferences to discuss other student issues concerning his or
18her child such as retention and promotion and notifies the
19principal of the school of his or her presence at the school or
20has permission to be present from the superintendent or the
21school board or in the case of a private school from the
22principal. In the case of a public school, if permission is
23granted, the superintendent or school board president must
24inform the principal of the school where the sex offender will
25be present. Notification includes the nature of the sex
26offender's visit and the hours in which the sex offender will

 

 

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1be present in the school. The sex offender is responsible for
2notifying the principal's office when he or she arrives on
3school property and when he or she departs from school
4property. If the sex offender is to be present in the vicinity
5of children, the sex offender has the duty to remain under the
6direct supervision of a school official.
7    (b-2) It is unlawful for a child sex offender to knowingly
8loiter on a public way within 500 feet of a public park
9building or real property comprising any public park while
10persons under the age of 18 are present in the building or on
11the grounds and to approach, contact, or communicate with a
12child under 18 years of age, unless the offender is a parent or
13guardian of a person under 18 years of age present in the
14building or on the grounds.
15    (b-5) It is unlawful for a child sex offender to knowingly
16reside within 500 feet of a school building or the real
17property comprising any school that persons under the age of
1818 attend. Nothing in this subsection (b-5) prohibits a child
19sex offender from residing within 500 feet of a school
20building or the real property comprising any school that
21persons under 18 attend if the property is owned by the child
22sex offender and was purchased before July 7, 2000 (the
23effective date of Public Act 91-911).
24    (b-10) It is unlawful for a child sex offender to
25knowingly reside within 500 feet of a playground, child care
26institution, day care center, part day child care facility,

 

 

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1day care home, group day care home, or a facility providing
2programs or services exclusively directed toward persons under
318 years of age. Nothing in this subsection (b-10) prohibits a
4child sex offender from residing within 500 feet of a
5playground or a facility providing programs or services
6exclusively directed toward persons under 18 years of age if
7the property is owned by the child sex offender and was
8purchased before July 7, 2000. Nothing in this subsection
9(b-10) prohibits a child sex offender from residing within 500
10feet of a child care institution, day care center, or part day
11child care facility if the property is owned by the child sex
12offender and was purchased before June 26, 2006. Nothing in
13this subsection (b-10) prohibits a child sex offender from
14residing within 500 feet of a day care home or group day care
15home if the property is owned by the child sex offender and was
16purchased before August 14, 2008 (the effective date of Public
17Act 95-821).
18    (b-15) It is unlawful for a child sex offender to
19knowingly reside within 500 feet of the victim of the sex
20offense. Nothing in this subsection (b-15) prohibits a child
21sex offender from residing within 500 feet of the victim if the
22property in which the child sex offender resides is owned by
23the child sex offender and was purchased before August 22,
242002.
25    This subsection (b-15) does not apply if the victim of the
26sex offense is 21 years of age or older.

 

 

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1    (b-20) It is unlawful for a child sex offender to
2knowingly communicate, other than for a lawful purpose under
3Illinois law, using the Internet or any other digital media,
4with a person under 18 years of age or with a person whom he or
5she believes to be a person under 18 years of age, unless the
6offender is a parent or guardian of the person under 18 years
7of age.
8    (c) It is unlawful for a child sex offender to knowingly
9operate, manage, be employed by, volunteer at, be associated
10with, or knowingly be present at any: (i) facility providing
11programs or services exclusively directed toward persons under
12the age of 18; (ii) day care center; (iii) part day child care
13facility; (iv) child care institution; (v) school providing
14before and after school programs for children under 18 years
15of age; (vi) day care home; or (vii) group day care home. This
16does not prohibit a child sex offender from owning the real
17property upon which the programs or services are offered or
18upon which the day care center, part day child care facility,
19child care institution, or school providing before and after
20school programs for children under 18 years of age is located,
21provided the child sex offender refrains from being present on
22the premises for the hours during which: (1) the programs or
23services are being offered or (2) the day care center, part day
24child care facility, child care institution, or school
25providing before and after school programs for children under
2618 years of age, day care home, or group day care home is

 

 

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1operated.
2    (c-2) It is unlawful for a child sex offender to
3participate in a holiday event involving children under 18
4years of age, including but not limited to distributing candy
5or other items to children on Halloween, wearing a Santa Claus
6costume on or preceding Christmas, being employed as a
7department store Santa Claus, or wearing an Easter Bunny
8costume on or preceding Easter. For the purposes of this
9subsection, child sex offender has the meaning as defined in
10this Section, but does not include as a sex offense under
11paragraph (2) of subsection (d) of this Section, the offense
12under subsection (c) of Section 11-1.50 of this Code. This
13subsection does not apply to a child sex offender who is a
14parent or guardian of children under 18 years of age that are
15present in the home and other non-familial minors are not
16present.
17    (c-5) It is unlawful for a child sex offender to knowingly
18operate, manage, be employed by, or be associated with any
19carnival, amusement enterprise, or county or State fair when
20persons under the age of 18 are present.
21    (c-6) It is unlawful for a child sex offender who owns and
22resides at residential real estate to knowingly rent any
23residential unit within the same building in which he or she
24resides to a person who is the parent or guardian of a child or
25children under 18 years of age. This subsection shall apply
26only to leases or other rental arrangements entered into after

 

 

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1January 1, 2009 (the effective date of Public Act 95-820).
2    (c-7) It is unlawful for a child sex offender to knowingly
3offer or provide any programs or services to persons under 18
4years of age in his or her residence or the residence of
5another or in any facility for the purpose of offering or
6providing such programs or services, whether such programs or
7services are offered or provided by contract, agreement,
8arrangement, or on a volunteer basis.
9    (c-8) It is unlawful for a child sex offender to knowingly
10operate, whether authorized to do so or not, any of the
11following vehicles: (1) a vehicle which is specifically
12designed, constructed or modified and equipped to be used for
13the retail sale of food or beverages, including but not
14limited to an ice cream truck; (2) an authorized emergency
15vehicle; or (3) a rescue vehicle.
16    (d) Definitions. In this Section:
17        (1) "Child sex offender" means any person who:
18            (i) has been charged under Illinois law, or any
19        substantially similar federal law or law of another
20        state, with a sex offense set forth in paragraph (2) of
21        this subsection (d) or the attempt to commit an
22        included sex offense, and the victim is a person under
23        18 years of age at the time of the offense; and:
24                (A) is convicted of such offense or an attempt
25            to commit such offense; or
26                (B) is found not guilty by reason of insanity

 

 

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1            of such offense or an attempt to commit such
2            offense; or
3                (C) is found not guilty by reason of insanity
4            pursuant to subsection (c) of Section 104-25 of
5            the Code of Criminal Procedure of 1963 of such
6            offense or an attempt to commit such offense; or
7                (D) is the subject of a finding not resulting
8            in an acquittal at a hearing conducted pursuant to
9            subsection (a) of Section 104-25 of the Code of
10            Criminal Procedure of 1963 for the alleged
11            commission or attempted commission of such
12            offense; or
13                (E) is found not guilty by reason of insanity
14            following a hearing conducted pursuant to a
15            federal law or the law of another state
16            substantially similar to subsection (c) of Section
17            104-25 of the Code of Criminal Procedure of 1963
18            of such offense or of the attempted commission of
19            such offense; or
20                (F) is the subject of a finding not resulting
21            in an acquittal at a hearing conducted pursuant to
22            a federal law or the law of another state
23            substantially similar to subsection (a) of Section
24            104-25 of the Code of Criminal Procedure of 1963
25            for the alleged violation or attempted commission
26            of such offense; or

 

 

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1            (ii) is certified as a sexually dangerous person
2        pursuant to the Illinois Sexually Dangerous Persons
3        Act, or any substantially similar federal law or the
4        law of another state, when any conduct giving rise to
5        such certification is committed or attempted against a
6        person less than 18 years of age; or
7            (iii) is subject to the provisions of Section 2 of
8        the Interstate Agreements on Sexually Dangerous
9        Persons Act.
10        Convictions that result from or are connected with the
11    same act, or result from offenses committed at the same
12    time, shall be counted for the purpose of this Section as
13    one conviction. Any conviction set aside pursuant to law
14    is not a conviction for purposes of this Section.
15        (2) Except as otherwise provided in paragraph (2.5),
16    "sex offense" means:
17            (i) A violation of any of the following Sections
18        of the Criminal Code of 1961 or the Criminal Code of
19        2012: 10-4 (forcible detention), 10-7 (aiding or
20        abetting child abduction under Section 10-5(b)(10)),
21        10-5(b)(10) (child luring), 11-1.40 (predatory
22        criminal sexual assault of a child), 11-6 (indecent
23        solicitation of a child), 11-6.5 (indecent
24        solicitation of an adult), 11-9.1 (sexual exploitation
25        of a child), 11-9.2 (custodial sexual misconduct),
26        11-9.5 (sexual misconduct with a person with a

 

 

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1        disability), 11-11 (sexual relations within families),
2        11-14.3(a)(1) (promoting prostitution by advancing
3        prostitution), 11-14.3(a)(2)(A) (promoting
4        prostitution by profiting from prostitution by
5        compelling a person to be a prostitute),
6        11-14.3(a)(2)(C) (promoting prostitution by profiting
7        from prostitution by means other than as described in
8        subparagraphs (A) and (B) of paragraph (2) of
9        subsection (a) of Section 11-14.3), 11-14.4 (promoting
10        juvenile prostitution), 11-18.1 (patronizing a
11        juvenile prostitute), 11-20.1 (child pornography),
12        11-20.1B (aggravated child pornography), 11-21
13        (harmful material), 11-25 (grooming), 11-26 (traveling
14        to meet a minor or traveling to meet a child), 12-33
15        (ritualized abuse of a child), 11-20 (obscenity) (when
16        that offense was committed in any school, on real
17        property comprising any school, in any conveyance
18        owned, leased, or contracted by a school to transport
19        students to or from school or a school related
20        activity, or in a public park), 11-30 (public
21        indecency) (when committed in a school, on real
22        property comprising a school, in any conveyance owned,
23        leased, or contracted by a school to transport
24        students to or from school or a school related
25        activity, or in a public park). An attempt to commit
26        any of these offenses.

 

 

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1            (ii) A violation of any of the following Sections
2        of the Criminal Code of 1961 or the Criminal Code of
3        2012, when the victim is a person under 18 years of
4        age: 11-1.20 (criminal sexual assault), 11-1.30
5        (aggravated criminal sexual assault), 11-1.50
6        (criminal sexual abuse), 11-1.60 (aggravated criminal
7        sexual abuse). An attempt to commit any of these
8        offenses.
9            (iii) A violation of any of the following Sections
10        of the Criminal Code of 1961 or the Criminal Code of
11        2012, when the victim is a person under 18 years of age
12        and the defendant is not a parent of the victim:
13            10-1 (kidnapping),
14            10-2 (aggravated kidnapping),
15            10-3 (unlawful restraint),
16            10-3.1 (aggravated unlawful restraint),
17            11-9.1(A) (permitting sexual abuse of a child).
18            An attempt to commit any of these offenses.
19            (iv) A violation of any former law of this State
20        substantially equivalent to any offense listed in
21        clause (2)(i) or (2)(ii) of subsection (d) of this
22        Section.
23        (2.1) "Sex offense" includes a violation or attempted
24    violation of subsection (a), (a-10), or (a-15) of Section
25    26-4 when the violation or attempted violation was
26    committed on or after the effective of this amendatory Act

 

 

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1    of the 103rd General Assembly and the victim is a person
2    under 18 years of age at the time of the commission of the
3    offense.
4        (2.5) For the purposes of subsections (b-5) and (b-10)
5    only, a sex offense means:
6            (i) A violation of any of the following Sections
7        of the Criminal Code of 1961 or the Criminal Code of
8        2012:
9             10-5(b)(10) (child luring), 10-7 (aiding or
10        abetting child abduction under Section 10-5(b)(10)),
11        11-1.40 (predatory criminal sexual assault of a
12        child), 11-6 (indecent solicitation of a child),
13        11-6.5 (indecent solicitation of an adult), 11-9.2
14        (custodial sexual misconduct), 11-9.5 (sexual
15        misconduct with a person with a disability), 11-11
16        (sexual relations within families), 11-14.3(a)(1)
17        (promoting prostitution by advancing prostitution),
18        11-14.3(a)(2)(A) (promoting prostitution by profiting
19        from prostitution by compelling a person to be a
20        prostitute), 11-14.3(a)(2)(C) (promoting prostitution
21        by profiting from prostitution by means other than as
22        described in subparagraphs (A) and (B) of paragraph
23        (2) of subsection (a) of Section 11-14.3), 11-14.4
24        (promoting juvenile prostitution), 11-18.1
25        (patronizing a juvenile prostitute), 11-20.1 (child
26        pornography), 11-20.1B (aggravated child pornography),

 

 

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1        11-25 (grooming), 11-26 (traveling to meet a minor or
2        traveling to meet a child), or 12-33 (ritualized abuse
3        of a child). An attempt to commit any of these
4        offenses.
5            (ii) A violation of any of the following Sections
6        of the Criminal Code of 1961 or the Criminal Code of
7        2012, when the victim is a person under 18 years of
8        age: 11-1.20 (criminal sexual assault), 11-1.30
9        (aggravated criminal sexual assault), 11-1.60
10        (aggravated criminal sexual abuse), and subsection (a)
11        of Section 11-1.50 (criminal sexual abuse). An attempt
12        to commit any of these offenses.
13            (iii) A violation of any of the following Sections
14        of the Criminal Code of 1961 or the Criminal Code of
15        2012, when the victim is a person under 18 years of age
16        and the defendant is not a parent of the victim:
17            10-1 (kidnapping),
18            10-2 (aggravated kidnapping),
19            10-3 (unlawful restraint),
20            10-3.1 (aggravated unlawful restraint),
21            11-9.1(A) (permitting sexual abuse of a child).
22            An attempt to commit any of these offenses.
23            (iv) A violation of any former law of this State
24        substantially equivalent to any offense listed in this
25        paragraph (2.5) of this subsection.
26        (3) A conviction for an offense of federal law or the

 

 

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1    law of another state that is substantially equivalent to
2    any offense listed in paragraph (2) of subsection (d) of
3    this Section shall constitute a conviction for the purpose
4    of this Section. A finding or adjudication as a sexually
5    dangerous person under any federal law or law of another
6    state that is substantially equivalent to the Sexually
7    Dangerous Persons Act shall constitute an adjudication for
8    the purposes of this Section.
9        (4) "Authorized emergency vehicle", "rescue vehicle",
10    and "vehicle" have the meanings ascribed to them in
11    Sections 1-105, 1-171.8 and 1-217, respectively, of the
12    Illinois Vehicle Code.
13        (5) "Child care institution" has the meaning ascribed
14    to it in Section 2.06 of the Child Care Act of 1969.
15        (6) "Day care center" has the meaning ascribed to it
16    in Section 2.09 of the Child Care Act of 1969.
17        (7) "Day care home" has the meaning ascribed to it in
18    Section 2.18 of the Child Care Act of 1969.
19        (8) "Facility providing programs or services directed
20    towards persons under the age of 18" means any facility
21    providing programs or services exclusively directed
22    towards persons under the age of 18.
23        (9) "Group day care home" has the meaning ascribed to
24    it in Section 2.20 of the Child Care Act of 1969.
25        (10) "Internet" has the meaning set forth in Section
26    16-0.1 of this Code.

 

 

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1        (11) "Loiter" means:
2            (i) Standing, sitting idly, whether or not the
3        person is in a vehicle, or remaining in or around
4        school or public park property.
5            (ii) Standing, sitting idly, whether or not the
6        person is in a vehicle, or remaining in or around
7        school or public park property, for the purpose of
8        committing or attempting to commit a sex offense.
9            (iii) Entering or remaining in a building in or
10        around school property, other than the offender's
11        residence.
12        (12) "Part day child care facility" has the meaning
13    ascribed to it in Section 2.10 of the Child Care Act of
14    1969.
15        (13) "Playground" means a piece of land owned or
16    controlled by a unit of local government that is
17    designated by the unit of local government for use solely
18    or primarily for children's recreation.
19        (14) "Public park" includes a park, forest preserve,
20    bikeway, trail, or conservation area under the
21    jurisdiction of the State or a unit of local government.
22        (15) "School" means a public or private preschool or
23    elementary or secondary school.
24        (16) "School official" means the principal, a teacher,
25    or any other certified employee of the school, the
26    superintendent of schools or a member of the school board.

 

 

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1    (e) For the purposes of this Section, the 500 feet
2distance shall be measured from: (1) the edge of the property
3of the school building or the real property comprising the
4school that is closest to the edge of the property of the child
5sex offender's residence or where he or she is loitering, and
6(2) the edge of the property comprising the public park
7building or the real property comprising the public park,
8playground, child care institution, day care center, part day
9child care facility, or facility providing programs or
10services exclusively directed toward persons under 18 years of
11age, or a victim of the sex offense who is under 21 years of
12age, to the edge of the child sex offender's place of residence
13or place where he or she is loitering.
14    (f) Sentence. A person who violates this Section is guilty
15of a Class 4 felony.
16(Source: P.A. 102-997, eff. 1-1-23.)
 
17    (720 ILCS 5/11-9.4-1)
18    Sec. 11-9.4-1. Sexual predator and child sex offender;
19presence or loitering in or near public parks prohibited.
20    (a) For the purposes of this Section:
21        "Child sex offender" has the meaning ascribed to it in
22    subsection (d) of Section 11-9.3 of this Code, including
23    an offense described in paragraph (2.1) of subsection (d)
24    of Section 11-9.3, but does not include as a sex offense
25    under paragraph (2) of subsection (d) of Section 11-9.3,

 

 

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1    the offenses under subsections (b) and (c) of Section
2    11-1.50 or subsections (b) and (c) of Section 12-15 of
3    this Code.
4        "Public park" includes a park, forest preserve,
5    bikeway, trail, or conservation area under the
6    jurisdiction of the State or a unit of local government.
7        "Loiter" means:
8            (i) Standing, sitting idly, whether or not the
9        person is in a vehicle or remaining in or around public
10        park property.
11            (ii) Standing, sitting idly, whether or not the
12        person is in a vehicle or remaining in or around public
13        park property, for the purpose of committing or
14        attempting to commit a sex offense.
15        "Sexual predator" has the meaning ascribed to it in
16    subsection (E) of Section 2 of the Sex Offender
17    Registration Act.
18    (b) It is unlawful for a sexual predator or a child sex
19offender to knowingly be present in any public park building
20or on real property comprising any public park.
21    (c) It is unlawful for a sexual predator or a child sex
22offender to knowingly loiter on a public way within 500 feet of
23a public park building or real property comprising any public
24park. For the purposes of this subsection (c), the 500 feet
25distance shall be measured from the edge of the property
26comprising the public park building or the real property

 

 

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1comprising the public park.
2    (d) Sentence. A person who violates this Section is guilty
3of a Class A misdemeanor, except that a second or subsequent
4violation is a Class 4 felony.
5(Source: P.A. 96-1099, eff. 1-1-11; 97-698, eff. 1-1-13;
697-1109, eff. 1-1-13.)
 
7    Section 10. The Sex Offender Registration Act is amended
8by changing Section 2 as follows:
 
9    (730 ILCS 150/2)  (from Ch. 38, par. 222)
10    Sec. 2. Definitions.
11    (A) As used in this Article, "sex offender" means any
12person who is:
13        (1) charged pursuant to Illinois law, or any
14    substantially similar federal, Uniform Code of Military
15    Justice, sister state, or foreign country law, with a sex
16    offense set forth in subsection (B) of this Section or the
17    attempt to commit an included sex offense, and:
18            (a) is convicted of such offense or an attempt to
19        commit such offense; or
20            (b) is found not guilty by reason of insanity of
21        such offense or an attempt to commit such offense; or
22            (c) is found not guilty by reason of insanity
23        pursuant to Section 104-25(c) of the Code of Criminal
24        Procedure of 1963 of such offense or an attempt to

 

 

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

 

 

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

 

 

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1        (1) A violation of any of the following Sections of
2    the Criminal Code of 1961 or the Criminal Code of 2012:
3            11-20.1 (child pornography),
4            11-20.1B or 11-20.3 (aggravated child
5        pornography),
6            11-6 (indecent solicitation of a child),
7            11-9.1 (sexual exploitation of a child),
8            11-9.2 (custodial sexual misconduct),
9            11-9.5 (sexual misconduct with a person with a
10        disability),
11            11-14.4 (promoting juvenile prostitution),
12            11-15.1 (soliciting for a juvenile prostitute),
13            11-18.1 (patronizing a juvenile prostitute),
14            11-17.1 (keeping a place of juvenile
15        prostitution),
16            11-19.1 (juvenile pimping),
17            11-19.2 (exploitation of a child),
18            11-25 (grooming),
19            11-26 (traveling to meet a minor or traveling to
20        meet a child),
21            11-1.20 or 12-13 (criminal sexual assault),
22            11-1.30 or 12-14 (aggravated criminal sexual
23        assault),
24            11-1.40 or 12-14.1 (predatory criminal sexual
25        assault of a child),
26            11-1.50 or 12-15 (criminal sexual abuse),

 

 

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1            11-1.60 or 12-16 (aggravated criminal sexual
2        abuse),
3            12-33 (ritualized abuse of a child).
4            An attempt to commit any of these offenses.
5        (1.5) A violation of any of the following Sections of
6    the Criminal Code of 1961 or the Criminal Code of 2012,
7    when the victim is a person under 18 years of age, the
8    defendant is not a parent of the victim, the offense was
9    sexually motivated as defined in Section 10 of the Sex
10    Offender Evaluation and Treatment Act, and the offense was
11    committed on or after January 1, 1996:
12            10-1 (kidnapping),
13            10-2 (aggravated kidnapping),
14            10-3 (unlawful restraint),
15            10-3.1 (aggravated unlawful restraint).
16        If the offense was committed before January 1, 1996,
17    it is a sex offense requiring registration only when the
18    person is convicted of any felony after July 1, 2011, and
19    paragraph (2.1) of subsection (c) of Section 3 of this Act
20    applies.
21        (1.6) First degree murder under Section 9-1 of the
22    Criminal Code of 1961 or the Criminal Code of 2012,
23    provided the offense was sexually motivated as defined in
24    Section 10 of the Sex Offender Management Board Act.
25        (1.7) (Blank).
26        (1.8) A violation or attempted violation of Section

 

 

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1    11-11 (sexual relations within families) of the Criminal
2    Code of 1961 or the Criminal Code of 2012, and the offense
3    was committed on or after June 1, 1997. If the offense was
4    committed before June 1, 1997, it is a sex offense
5    requiring registration only when the person is convicted
6    of any felony after July 1, 2011, and paragraph (2.1) of
7    subsection (c) of Section 3 of this Act applies.
8        (1.9) Child abduction under paragraph (10) of
9    subsection (b) of Section 10-5 of the Criminal Code of
10    1961 or the Criminal Code of 2012 committed by luring or
11    attempting to lure a child under the age of 16 into a motor
12    vehicle, building, house trailer, or dwelling place
13    without the consent of the parent or lawful custodian of
14    the child for other than a lawful purpose and the offense
15    was committed on or after January 1, 1998, provided the
16    offense was sexually motivated as defined in Section 10 of
17    the Sex Offender Management Board Act. If the offense was
18    committed before January 1, 1998, it is a sex offense
19    requiring registration only when the person is convicted
20    of any felony after July 1, 2011, and paragraph (2.1) of
21    subsection (c) of Section 3 of this Act applies.
22        (1.10) A violation or attempted violation of any of
23    the following Sections of the Criminal Code of 1961 or the
24    Criminal Code of 2012 when the offense was committed on or
25    after July 1, 1999:
26            10-4 (forcible detention, if the victim is under

 

 

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1        18 years of age), provided the offense was sexually
2        motivated as defined in Section 10 of the Sex Offender
3        Management Board Act,
4            11-6.5 (indecent solicitation of an adult),
5            11-14.3 that involves soliciting for a prostitute,
6        or 11-15 (soliciting for a prostitute, if the victim
7        is under 18 years of age),
8            subdivision (a)(2)(A) or (a)(2)(B) of Section
9        11-14.3, or Section 11-16 (pandering, if the victim is
10        under 18 years of age),
11            11-18 (patronizing a prostitute, if the victim is
12        under 18 years of age),
13            subdivision (a)(2)(C) of Section 11-14.3, or
14        Section 11-19 (pimping, if the victim is under 18
15        years of age).
16        If the offense was committed before July 1, 1999, it
17    is a sex offense requiring registration only when the
18    person is convicted of any felony after July 1, 2011, and
19    paragraph (2.1) of subsection (c) of Section 3 of this Act
20    applies.
21        (1.11) A violation or attempted violation of any of
22    the following Sections of the Criminal Code of 1961 or the
23    Criminal Code of 2012 when the offense was committed on or
24    after August 22, 2002:
25            11-9 or 11-30 (public indecency for a third or
26        subsequent conviction).

 

 

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

 

 

HB1432- 27 -LRB103 05851 RLC 50871 b

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

 

 

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

 

 

HB1432- 29 -LRB103 05851 RLC 50871 b

1person who, after July 1, 1999, is:
2        (1) Convicted for an offense of federal, Uniform Code
3    of Military Justice, sister state, or foreign country law
4    that is substantially equivalent to any offense listed in
5    subsection (E) or (E-5) of this Section shall constitute a
6    conviction for the purpose of this Article. Convicted of a
7    violation or attempted violation of any of the following
8    Sections of the Criminal Code of 1961 or the Criminal Code
9    of 2012:
10            10-5.1 (luring of a minor),
11            11-14.4 that involves keeping a place of juvenile
12        prostitution, or 11-17.1 (keeping a place of juvenile
13        prostitution),
14            subdivision (a)(2) or (a)(3) of Section 11-14.4,
15        or Section 11-19.1 (juvenile pimping),
16            subdivision (a)(4) of Section 11-14.4, or Section
17        11-19.2 (exploitation of a child),
18            11-20.1 (child pornography),
19            11-20.1B or 11-20.3 (aggravated child
20        pornography),
21            11-1.20 or 12-13 (criminal sexual assault),
22            11-1.30 or 12-14 (aggravated criminal sexual
23        assault),
24            11-1.40 or 12-14.1 (predatory criminal sexual
25        assault of a child),
26            11-1.60 or 12-16 (aggravated criminal sexual

 

 

HB1432- 30 -LRB103 05851 RLC 50871 b

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

 

 

HB1432- 31 -LRB103 05851 RLC 50871 b

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

 

 

HB1432- 32 -LRB103 05851 RLC 50871 b

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

 

 

HB1432- 33 -LRB103 05851 RLC 50871 b

1and all places that a sex offender resides for an aggregate
2period of time of 5 or more days in a calendar year.
3    (J) As used in this Article, "Internet protocol address"
4means the string of numbers by which a location on the Internet
5is identified by routers or other computers connected to the
6Internet.
7(Source: P.A. 100-428, eff. 1-1-18.)