97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5734

 

Introduced 2/16/2012, by Rep. Robert W. Pritchard

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/11-9.3
730 ILCS 5/5-4-1  from Ch. 38, par. 1005-4-1
730 ILCS 150/2  from Ch. 38, par. 222
730 ILCS 150/3-6 new

    Amends the Criminal Code of 1961. Provides that a person whose duty to register as a sex offender has been terminated by court order under the Sex Offender Registration Act is not considered a child sex offender for purposes of restrictions on residing or being present in certain areas and facilities imposed on child sex offenders. Amends the Unified Code of Corrections and the Sex Offender Registration Act. Provides that a person is not a sex offender under the Sex Offender Registration Act if the person has been convicted of criminal sexual abuse or sexual exploitation of a child and: (1) the defendant was not more than 4 years older than the victim at the time of the offense; (2) the victim was at least 14 years of age at the time of the offense; and (3) the conviction is based on the ages of the defendant and the victim at the time of the offense and was not based on any element of force or coercion. Establishes procedures for termination of the duty to register under the Sex Offender Registration Act of a person so described who was convicted of those offenses before the effective date of the amendatory Act.


LRB097 18797 RLC 64034 b

 

 

A BILL FOR

 

HB5734LRB097 18797 RLC 64034 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 1961 is amended by changing
5Section 11-9.3 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 any
13school, or in any conveyance owned, leased, or contracted by a
14school 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 sex
9offender will be present. Notification includes the nature of
10the 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 she
13arrives 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 by
20a 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 knowingly
24be present in any public park building or on real property
25comprising any public park when persons under the age of 18 are
26present in the building or on the grounds and to approach,

 

 

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

 

 

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

 

 

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1age. Nothing in this subsection (b-10) prohibits a child sex
2offender from residing within 500 feet of a playground or a
3facility providing programs or services exclusively directed
4toward persons under 18 years of age if the property is owned
5by the child sex offender and was purchased before July 7,
62000. Nothing in this subsection (b-10) prohibits a child sex
7offender from residing within 500 feet of a child care
8institution, day care center, or part day child care facility
9if the property is owned by the child sex offender and was
10purchased before June 26, 2006. Nothing in this subsection
11(b-10) prohibits a child sex offender from residing within 500
12feet of a day care home or group day care home if the property
13is owned by the child sex offender and was purchased before
14August 14, 2008 (the effective date of Public Act 95-821).
15    (b-15) It is unlawful for a child sex offender to knowingly
16reside within 500 feet of the victim of the sex offense.
17Nothing in this subsection (b-15) prohibits a child sex
18offender from residing within 500 feet of the victim if the
19property in which the child sex offender resides is owned by
20the child sex offender and was purchased before August 22,
212002.
22    This subsection (b-15) does not apply if the victim of the
23sex offense is 21 years of age or older.
24    (b-20) It is unlawful for a child sex offender to knowingly
25communicate, other than for a lawful purpose under Illinois
26law, using the Internet or any other digital media, with a

 

 

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1person under 18 years of age or with a person whom he or she
2believes to be a person under 18 years of age, unless the
3offender is a parent or guardian of the person under 18 years
4of age.
5    (c) It is unlawful for a child sex offender to knowingly
6operate, manage, be employed by, volunteer at, be associated
7with, or knowingly be present at any: (i) facility providing
8programs or services exclusively directed toward persons under
9the age of 18; (ii) day care center; (iii) part day child care
10facility; (iv) child care institution; (v) school providing
11before and after school programs for children under 18 years of
12age; (vi) day care home; or (vii) group day care home. This
13does not prohibit a child sex offender from owning the real
14property upon which the programs or services are offered or
15upon which the day care center, part day child care facility,
16child care institution, or school providing before and after
17school programs for children under 18 years of age is located,
18provided the child sex offender refrains from being present on
19the premises for the hours during which: (1) the programs or
20services are being offered or (2) the day care center, part day
21child care facility, child care institution, or school
22providing before and after school programs for children under
2318 years of age, day care home, or group day care home is
24operated.
25    (c-5) It is unlawful for a child sex offender to knowingly
26operate, manage, be employed by, or be associated with any

 

 

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1county fair when persons under the age of 18 are present.
2    (c-6) It is unlawful for a child sex offender who owns and
3resides at residential real estate to knowingly rent any
4residential unit within the same building in which he or she
5resides to a person who is the parent or guardian of a child or
6children under 18 years of age. This subsection shall apply
7only to leases or other rental arrangements entered into after
8January 1, 2009 (the effective date of Public Act 95-820).
9    (c-7) It is unlawful for a child sex offender to knowingly
10offer or provide any programs or services to persons under 18
11years of age in his or her residence or the residence of
12another or in any facility for the purpose of offering or
13providing such programs or services, whether such programs or
14services are offered or provided by contract, agreement,
15arrangement, or on a volunteer basis.
16    (c-8) It is unlawful for a child sex offender to knowingly
17operate, whether authorized to do so or not, any of the
18following vehicles: (1) a vehicle which is specifically
19designed, constructed or modified and equipped to be used for
20the retail sale of food or beverages, including but not limited
21to an ice cream truck; (2) an authorized emergency vehicle; or
22(3) a rescue vehicle.
23    (d) Definitions. In this Section:
24        (1) "Child sex offender" means any person who:
25            (i) has been charged under Illinois law, or any
26        substantially similar federal law or law of another

 

 

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

 

 

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1            in an acquittal at a hearing conducted pursuant to
2            a federal law or the law of another state
3            substantially similar to subsection (a) of Section
4            104-25 of the Code of Criminal Procedure of 1963
5            for the alleged violation or attempted commission
6            of such offense; or
7            (ii) is certified as a sexually dangerous person
8        pursuant to the Illinois Sexually Dangerous Persons
9        Act, or any substantially similar federal law or the
10        law of another state, when any conduct giving rise to
11        such certification is committed or attempted against a
12        person less than 18 years of age; or
13            (iii) is subject to the provisions of Section 2 of
14        the Interstate Agreements on Sexually Dangerous
15        Persons Act.
16        Convictions that result from or are connected with the
17    same act, or result from offenses committed at the same
18    time, shall be counted for the purpose of this Section as
19    one conviction. Any conviction set aside pursuant to law is
20    not a conviction for purposes of this Section.
21        "Child sex offender" does not include a person whose
22    duty to register has been terminated under Section 3-6 of
23    the Sex Offender Registration Act.
24        (2) Except as otherwise provided in paragraph (2.5),
25    "sex offense" means:
26            (i) A violation of any of the following Sections of

 

 

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1        the Criminal Code of 1961: 10-7 (aiding or abetting
2        child abduction under Section 10-5(b)(10)),
3        10-5(b)(10) (child luring), 11-1.40 (predatory
4        criminal sexual assault of a child), 11-6 (indecent
5        solicitation of a child), 11-6.5 (indecent
6        solicitation of an adult), 11-9.1 (sexual exploitation
7        of a child), 11-14.4 (promoting juvenile
8        prostitution), 11-18.1 (patronizing a juvenile
9        prostitute), 11-20.1 (child pornography), 11-20.1B
10        (aggravated child pornography), 11-21 (harmful
11        material), 12-33 (ritualized abuse of a child), 11-20
12        (obscenity) (when that offense was committed in any
13        school, on real property comprising any school, in any
14        conveyance owned, leased, or contracted by a school to
15        transport students to or from school or a school
16        related activity, or in a public park), 11-30 (public
17        indecency) (when committed in a school, on real
18        property comprising a school, in any conveyance owned,
19        leased, or contracted by a school to transport students
20        to or from school or a school related activity, or in a
21        public park). An attempt to commit any of these
22        offenses.
23            (ii) A violation of any of the following Sections
24        of the Criminal Code of 1961, when the victim is a
25        person under 18 years of age: 11-1.20 (criminal sexual
26        assault), 11-1.30 (aggravated criminal sexual

 

 

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1        assault), 11-1.50 (criminal sexual abuse), 11-1.60
2        (aggravated criminal sexual abuse). An attempt to
3        commit any of these offenses.
4            (iii) A violation of any of the following Sections
5        of the Criminal Code of 1961, when the victim is a
6        person under 18 years of age and the defendant is not a
7        parent of the victim:
8            10-1 (kidnapping),
9            10-2 (aggravated kidnapping),
10            10-3 (unlawful restraint),
11            10-3.1 (aggravated unlawful restraint).
12            An attempt to commit any of these offenses.
13            (iv) A violation of any former law of this State
14        substantially equivalent to any offense listed in
15        clause (2)(i) of subsection (d) of this Section.
16        (2.5) For the purposes of subsections (b-5) and (b-10)
17    only, a sex offense means:
18            (i) A violation of any of the following Sections of
19        the Criminal Code of 1961:
20            10-5(b)(10) (child luring), 10-7 (aiding or
21        abetting child abduction under Section 10-5(b)(10)),
22        11-1.40 (predatory criminal sexual assault of a
23        child), 11-6 (indecent solicitation of a child),
24        11-6.5 (indecent solicitation of an adult), 11-14.4
25        (promoting juvenile prostitution), 11-18.1
26        (patronizing a juvenile prostitute), 11-20.1 (child

 

 

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1        pornography), 11-20.1B (aggravated child pornography),
2        or 12-33 (ritualized abuse of a child). An attempt to
3        commit any of these offenses.
4            (ii) A violation of any of the following Sections
5        of the Criminal Code of 1961, when the victim is a
6        person under 18 years of age: 11-1.20 (criminal sexual
7        assault), 11-1.30 (aggravated criminal sexual
8        assault), 11-1.60 (aggravated criminal sexual abuse),
9        and subsection (a) of Section 11-1.50 (criminal sexual
10        abuse). An attempt to commit any of these offenses.
11            (iii) A violation of any of the following Sections
12        of the Criminal Code of 1961, when the victim is a
13        person under 18 years of age and the defendant is not a
14        parent of the victim:
15            10-1 (kidnapping),
16            10-2 (aggravated kidnapping),
17            10-3 (unlawful restraint),
18            10-3.1 (aggravated unlawful restraint).
19            An attempt to commit any of these offenses.
20            (iv) A violation of any former law of this State
21        substantially equivalent to any offense listed in this
22        paragraph (2.5) of this subsection.
23        (3) A conviction for an offense of federal law or the
24    law of another state that is substantially equivalent to
25    any offense listed in paragraph (2) of subsection (d) of
26    this Section shall constitute a conviction for the purpose

 

 

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1    of this Section. A finding or adjudication as a sexually
2    dangerous person under any federal law or law of another
3    state that is substantially equivalent to the Sexually
4    Dangerous Persons Act shall constitute an adjudication for
5    the purposes of this Section.
6        (4) "Authorized emergency vehicle", "rescue vehicle",
7    and "vehicle" have the meanings ascribed to them in
8    Sections 1-105, 1-171.8 and 1-217, respectively, of the
9    Illinois Vehicle Code.
10        (5) "Child care institution" has the meaning ascribed
11    to it in Section 2.06 of the Child Care Act of 1969.
12        (6) "Day care center" has the meaning ascribed to it in
13    Section 2.09 of the Child Care Act of 1969.
14        (7) "Day care home" has the meaning ascribed to it in
15    Section 2.18 of the Child Care Act of 1969.
16        (8) "Facility providing programs or services directed
17    towards persons under the age of 18" means any facility
18    providing programs or services exclusively directed
19    towards persons under the age of 18.
20        (9) "Group day care home" has the meaning ascribed to
21    it in Section 2.20 of the Child Care Act of 1969.
22        (10) "Internet" has the meaning set forth in Section
23    16J-5 of this Code.
24        (11) "Loiter" means:
25            (i) Standing, sitting idly, whether or not the
26        person is in a vehicle, or remaining in or around

 

 

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1        school or public park property.
2            (ii) Standing, sitting idly, whether or not the
3        person is in a vehicle, or remaining in or around
4        school or public park property, for the purpose of
5        committing or attempting to commit a sex offense.
6            (iii) Entering or remaining in a building in or
7        around school property, other than the offender's
8        residence.
9        (12) "Part day child care facility" has the meaning
10    ascribed to it in Section 2.10 of the Child Care Act of
11    1969.
12        (13) "Playground" means a piece of land owned or
13    controlled by a unit of local government that is designated
14    by the unit of local government for use solely or primarily
15    for children's recreation.
16        (14) "Public park" includes a park, forest preserve, or
17    conservation area under the jurisdiction of the State or a
18    unit of local government.
19        (15) "School" means a public or private preschool or
20    elementary or secondary school.
21        (16) "School official" means the principal, a teacher,
22    or any other certified employee of the school, the
23    superintendent of schools or a member of the school board.
24    (e) For the purposes of this Section, the 500 feet distance
25shall be measured from: (1) the edge of the property of the
26school building or the real property comprising the school that

 

 

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1is closest to the edge of the property of the child sex
2offender's residence or where he or she is loitering, and (2)
3the edge of the property comprising the public park building or
4the real property comprising the public park, playground, child
5care institution, day care center, part day child care
6facility, or facility providing programs or services
7exclusively directed toward persons under 18 years of age, or a
8victim of the sex offense who is under 21 years of age, to the
9edge of the child sex offender's place of residence or place
10where he or she is loitering.
11    (f) Sentence. A person who violates this Section is guilty
12of a Class 4 felony.
13(Source: P.A. 95-331, eff. 8-21-07; 95-440, eff. 8-27-07;
1495-640, eff. 6-1-08; 95-819, eff. 1-1-09; 95-876, eff. 8-21-08;
1596-328, eff. 8-11-09; 96-710, eff. 1-1-10; 96-1551, eff.
167-1-11.)
 
17    Section 10. The Unified Code of Corrections is amended by
18changing Section 5-4-1 as follows:
 
19    (730 ILCS 5/5-4-1)  (from Ch. 38, par. 1005-4-1)
20    Sec. 5-4-1. Sentencing Hearing.
21    (a) Except when the death penalty is sought under hearing
22procedures otherwise specified, after a determination of
23guilt, a hearing shall be held to impose the sentence. However,
24prior to the imposition of sentence on an individual being

 

 

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1sentenced for an offense based upon a charge for a violation of
2Section 11-501 of the Illinois Vehicle Code or a similar
3provision of a local ordinance, the individual must undergo a
4professional evaluation to determine if an alcohol or other
5drug abuse problem exists and the extent of such a problem.
6Programs conducting these evaluations shall be licensed by the
7Department of Human Services. However, if the individual is not
8a resident of Illinois, the court may, in its discretion,
9accept an evaluation from a program in the state of such
10individual's residence. The court may in its sentencing order
11approve an eligible defendant for placement in a Department of
12Corrections impact incarceration program as provided in
13Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing
14order recommend a defendant for placement in a Department of
15Corrections substance abuse treatment program as provided in
16paragraph (a) of subsection (1) of Section 3-2-2 conditioned
17upon the defendant being accepted in a program by the
18Department of Corrections. At the hearing the court shall:
19        (1) consider the evidence, if any, received upon the
20    trial;
21        (2) consider any presentence reports;
22        (3) consider the financial impact of incarceration
23    based on the financial impact statement filed with the
24    clerk of the court by the Department of Corrections;
25        (4) consider evidence and information offered by the
26    parties in aggravation and mitigation;

 

 

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1        (4.5) consider substance abuse treatment, eligibility
2    screening, and an assessment, if any, of the defendant by
3    an agent designated by the State of Illinois to provide
4    assessment services for the Illinois courts;
5        (5) hear arguments as to sentencing alternatives;
6        (6) afford the defendant the opportunity to make a
7    statement in his own behalf;
8        (7) afford the victim of a violent crime or a violation
9    of Section 11-501 of the Illinois Vehicle Code, or a
10    similar provision of a local ordinance, or a qualified
11    individual affected by: (i) a violation of Section 405,
12    405.1, 405.2, or 407 of the Illinois Controlled Substances
13    Act or a violation of Section 55 or Section 65 of the
14    Methamphetamine Control and Community Protection Act, or
15    (ii) a Class 4 felony violation of Section 11-14, 11-14.3
16    except as described in subdivisions (a)(2)(A) and
17    (a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the
18    Criminal Code of 1961, committed by the defendant the
19    opportunity to make a statement concerning the impact on
20    the victim and to offer evidence in aggravation or
21    mitigation; provided that the statement and evidence
22    offered in aggravation or mitigation must first be prepared
23    in writing in conjunction with the State's Attorney before
24    it may be presented orally at the hearing. Any sworn
25    testimony offered by the victim is subject to the
26    defendant's right to cross-examine. All statements and

 

 

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1    evidence offered under this paragraph (7) shall become part
2    of the record of the court. For the purpose of this
3    paragraph (7), "qualified individual" means any person who
4    (i) lived or worked within the territorial jurisdiction
5    where the offense took place when the offense took place;
6    and (ii) is familiar with various public places within the
7    territorial jurisdiction where the offense took place when
8    the offense took place. For the purposes of this paragraph
9    (7), "qualified individual" includes any peace officer, or
10    any member of any duly organized State, county, or
11    municipal peace unit assigned to the territorial
12    jurisdiction where the offense took place when the offense
13    took place;
14        (8) in cases of reckless homicide afford the victim's
15    spouse, guardians, parents or other immediate family
16    members an opportunity to make oral statements;
17        (9) in cases involving a felony sex offense as defined
18    under the Sex Offender Management Board Act, consider the
19    results of the sex offender evaluation conducted pursuant
20    to Section 5-3-2 of this Act; and
21        (10) make a finding of whether a motor vehicle was used
22    in the commission of the offense for which the defendant is
23    being sentenced.
24    (b) All sentences shall be imposed by the judge based upon
25his independent assessment of the elements specified above and
26any agreement as to sentence reached by the parties. The judge

 

 

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1who presided at the trial or the judge who accepted the plea of
2guilty shall impose the sentence unless he is no longer sitting
3as a judge in that court. Where the judge does not impose
4sentence at the same time on all defendants who are convicted
5as a result of being involved in the same offense, the
6defendant or the State's Attorney may advise the sentencing
7court of the disposition of any other defendants who have been
8sentenced.
9    (c) In imposing a sentence for a violent crime or for an
10offense of operating or being in physical control of a vehicle
11while under the influence of alcohol, any other drug or any
12combination thereof, or a similar provision of a local
13ordinance, when such offense resulted in the personal injury to
14someone other than the defendant, the trial judge shall specify
15on the record the particular evidence, information, factors in
16mitigation and aggravation or other reasons that led to his
17sentencing determination. The full verbatim record of the
18sentencing hearing shall be filed with the clerk of the court
19and shall be a public record.
20    (c-1) In imposing a sentence for the offense of aggravated
21kidnapping for ransom, home invasion, armed robbery,
22aggravated vehicular hijacking, aggravated discharge of a
23firearm, or armed violence with a category I weapon or category
24II weapon, the trial judge shall make a finding as to whether
25the conduct leading to conviction for the offense resulted in
26great bodily harm to a victim, and shall enter that finding and

 

 

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1the basis for that finding in the record.
2    (c-2) If the defendant is sentenced to prison, other than
3when a sentence of natural life imprisonment or a sentence of
4death is imposed, at the time the sentence is imposed the judge
5shall state on the record in open court the approximate period
6of time the defendant will serve in custody according to the
7then current statutory rules and regulations for early release
8found in Section 3-6-3 and other related provisions of this
9Code. This statement is intended solely to inform the public,
10has no legal effect on the defendant's actual release, and may
11not be relied on by the defendant on appeal.
12    The judge's statement, to be given after pronouncing the
13sentence, other than when the sentence is imposed for one of
14the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
15shall include the following:
16    "The purpose of this statement is to inform the public of
17the actual period of time this defendant is likely to spend in
18prison as a result of this sentence. The actual period of
19prison time served is determined by the statutes of Illinois as
20applied to this sentence by the Illinois Department of
21Corrections and the Illinois Prisoner Review Board. In this
22case, assuming the defendant receives all of his or her good
23conduct credit, the period of estimated actual custody is ...
24years and ... months, less up to 180 days additional good
25conduct credit for meritorious service. If the defendant,
26because of his or her own misconduct or failure to comply with

 

 

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1the institutional regulations, does not receive those credits,
2the actual time served in prison will be longer. The defendant
3may also receive an additional one-half day good conduct credit
4for each day of participation in vocational, industry,
5substance abuse, and educational programs as provided for by
6Illinois statute."
7    When the sentence is imposed for one of the offenses
8enumerated in paragraph (a)(3) of Section 3-6-3, other than
9when the sentence is imposed for one of the offenses enumerated
10in paragraph (a)(2) of Section 3-6-3 committed on or after June
1119, 1998, and other than when the sentence is imposed for
12reckless homicide as defined in subsection (e) of Section 9-3
13of the Criminal Code of 1961 if the offense was committed on or
14after January 1, 1999, and other than when the sentence is
15imposed for aggravated arson if the offense was committed on or
16after July 27, 2001 (the effective date of Public Act 92-176),
17and other than when the sentence is imposed for aggravated
18driving under the influence of alcohol, other drug or drugs, or
19intoxicating compound or compounds, or any combination thereof
20as defined in subparagraph (C) of paragraph (1) of subsection
21(d) of Section 11-501 of the Illinois Vehicle Code committed on
22or after January 1, 2011 (the effective date of Public Act
2396-1230), the judge's statement, to be given after pronouncing
24the sentence, shall include the following:
25    "The purpose of this statement is to inform the public of
26the actual period of time this defendant is likely to spend in

 

 

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1prison as a result of this sentence. The actual period of
2prison time served is determined by the statutes of Illinois as
3applied to this sentence by the Illinois Department of
4Corrections and the Illinois Prisoner Review Board. In this
5case, assuming the defendant receives all of his or her good
6conduct credit, the period of estimated actual custody is ...
7years and ... months, less up to 90 days additional good
8conduct credit for meritorious service. If the defendant,
9because of his or her own misconduct or failure to comply with
10the institutional regulations, does not receive those credits,
11the actual time served in prison will be longer. The defendant
12may also receive an additional one-half day good conduct credit
13for each day of participation in vocational, industry,
14substance abuse, and educational programs as provided for by
15Illinois statute."
16    When the sentence is imposed for one of the offenses
17enumerated in paragraph (a)(2) of Section 3-6-3, other than
18first degree murder, and the offense was committed on or after
19June 19, 1998, and when the sentence is imposed for reckless
20homicide as defined in subsection (e) of Section 9-3 of the
21Criminal Code of 1961 if the offense was committed on or after
22January 1, 1999, and when the sentence is imposed for
23aggravated driving under the influence of alcohol, other drug
24or drugs, or intoxicating compound or compounds, or any
25combination thereof as defined in subparagraph (F) of paragraph
26(1) of subsection (d) of Section 11-501 of the Illinois Vehicle

 

 

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1Code, and when the sentence is imposed for aggravated arson if
2the offense was committed on or after July 27, 2001 (the
3effective date of Public Act 92-176), and when the sentence is
4imposed for aggravated driving under the influence of alcohol,
5other drug or drugs, or intoxicating compound or compounds, or
6any combination thereof as defined in subparagraph (C) of
7paragraph (1) of subsection (d) of Section 11-501 of the
8Illinois Vehicle Code committed on or after January 1, 2011
9(the effective date of Public Act 96-1230), the judge's
10statement, to be given after pronouncing the sentence, shall
11include the following:
12    "The purpose of this statement is to inform the public of
13the actual period of time this defendant is likely to spend in
14prison as a result of this sentence. The actual period of
15prison time served is determined by the statutes of Illinois as
16applied to this sentence by the Illinois Department of
17Corrections and the Illinois Prisoner Review Board. In this
18case, the defendant is entitled to no more than 4 1/2 days of
19good conduct credit for each month of his or her sentence of
20imprisonment. Therefore, this defendant will serve at least 85%
21of his or her sentence. Assuming the defendant receives 4 1/2
22days credit for each month of his or her sentence, the period
23of estimated actual custody is ... years and ... months. If the
24defendant, because of his or her own misconduct or failure to
25comply with the institutional regulations receives lesser
26credit, the actual time served in prison will be longer."

 

 

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1    When a sentence of imprisonment is imposed for first degree
2murder and the offense was committed on or after June 19, 1998,
3the judge's statement, to be given after pronouncing the
4sentence, shall include the following:
5    "The purpose of this statement is to inform the public of
6the actual period of time this defendant is likely to spend in
7prison as a result of this sentence. The actual period of
8prison time served is determined by the statutes of Illinois as
9applied to this sentence by the Illinois Department of
10Corrections and the Illinois Prisoner Review Board. In this
11case, the defendant is not entitled to good conduct credit.
12Therefore, this defendant will serve 100% of his or her
13sentence."
14    When the sentencing order recommends placement in a
15substance abuse program for any offense that results in
16incarceration in a Department of Corrections facility and the
17crime was committed on or after September 1, 2003 (the
18effective date of Public Act 93-354), the judge's statement, in
19addition to any other judge's statement required under this
20Section, to be given after pronouncing the sentence, shall
21include the following:
22    "The purpose of this statement is to inform the public of
23the actual period of time this defendant is likely to spend in
24prison as a result of this sentence. The actual period of
25prison time served is determined by the statutes of Illinois as
26applied to this sentence by the Illinois Department of

 

 

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1Corrections and the Illinois Prisoner Review Board. In this
2case, the defendant shall receive no good conduct credit under
3clause (3) of subsection (a) of Section 3-6-3 until he or she
4participates in and completes a substance abuse treatment
5program or receives a waiver from the Director of Corrections
6pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
7    (c-4) Before the sentencing hearing and as part of the
8presentence investigation under Section 5-3-1, the court shall
9inquire of the defendant whether the defendant is currently
10serving in or is a veteran of the Armed Forces of the United
11States. If the defendant is currently serving in the Armed
12Forces of the United States or is a veteran of the Armed Forces
13of the United States and has been diagnosed as having a mental
14illness by a qualified psychiatrist or clinical psychologist or
15physician, the court may:
16        (1) order that the officer preparing the presentence
17    report consult with the United States Department of
18    Veterans Affairs, Illinois Department of Veterans'
19    Affairs, or another agency or person with suitable
20    knowledge or experience for the purpose of providing the
21    court with information regarding treatment options
22    available to the defendant, including federal, State, and
23    local programming; and
24        (2) consider the treatment recommendations of any
25    diagnosing or treating mental health professionals
26    together with the treatment options available to the

 

 

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1    defendant in imposing sentence.
2    For the purposes of this subsection (c-4), "qualified
3psychiatrist" means a reputable physician licensed in Illinois
4to practice medicine in all its branches, who has specialized
5in the diagnosis and treatment of mental and nervous disorders
6for a period of not less than 5 years.
7    (c-6) In imposing a sentence, the trial judge shall
8specify, on the record, the particular evidence and other
9reasons which led to his or her determination that a motor
10vehicle was used in the commission of the offense.
11    (d) When the defendant is committed to the Department of
12Corrections, the State's Attorney shall and counsel for the
13defendant may file a statement with the clerk of the court to
14be transmitted to the department, agency or institution to
15which the defendant is committed to furnish such department,
16agency or institution with the facts and circumstances of the
17offense for which the person was committed together with all
18other factual information accessible to them in regard to the
19person prior to his commitment relative to his habits,
20associates, disposition and reputation and any other facts and
21circumstances which may aid such department, agency or
22institution during its custody of such person. The clerk shall
23within 10 days after receiving any such statements transmit a
24copy to such department, agency or institution and a copy to
25the other party, provided, however, that this shall not be
26cause for delay in conveying the person to the department,

 

 

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1agency or institution to which he has been committed.
2    (e) The clerk of the court shall transmit to the
3department, agency or institution, if any, to which the
4defendant is committed, the following:
5        (1) the sentence imposed;
6        (2) any statement by the court of the basis for
7    imposing the sentence;
8        (3) any presentence reports;
9        (3.5) any sex offender evaluations;
10        (3.6) any substance abuse treatment eligibility
11    screening and assessment of the defendant by an agent
12    designated by the State of Illinois to provide assessment
13    services for the Illinois courts;
14        (4) the number of days, if any, which the defendant has
15    been in custody and for which he is entitled to credit
16    against the sentence, which information shall be provided
17    to the clerk by the sheriff;
18        (4.1) any finding of great bodily harm made by the
19    court with respect to an offense enumerated in subsection
20    (c-1);
21        (5) all statements filed under subsection (d) of this
22    Section;
23        (6) any medical or mental health records or summaries
24    of the defendant;
25        (7) the municipality where the arrest of the offender
26    or the commission of the offense has occurred, where such

 

 

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1    municipality has a population of more than 25,000 persons;
2        (8) all statements made and evidence offered under
3    paragraph (7) of subsection (a) of this Section; and
4        (9) all additional matters which the court directs the
5    clerk to transmit.
6    (f) In cases in which the court finds that a motor vehicle
7was used in the commission of the offense for which the
8defendant is being sentenced, the clerk of the court shall,
9within 5 days thereafter, forward a report of such conviction
10to the Secretary of State.
11    (g) On or after the effective date of this amendatory Act
12of the 97th General Assembly, during the sentencing hearing for
13a violation of Section 11-9.1 or Section 11-1.50 of the
14Criminal Code of 1961, the court shall make an affirmative
15finding of fact and enter the affirmative finding in the
16judgment in the case if the court determines that:
17        (1) the defendant was not more than 4 years older than
18    the victim at the time of the offense;
19        (2) the victim was at least 14 years of age at the time
20    of the offense; and
21        (3) the conviction is based on the ages of the
22    defendant and the victim at the time of the offense and was
23    not based on any element of force or coercion.
24(Source: P.A. 95-331, eff. 8-21-07; 96-86, eff. 1-1-10;
2596-1180, eff. 1-1-11; 96-1230, eff. 1-1-11; 96-1551, eff.
267-1-11; 97-333, eff. 8-12-11.)
 

 

 

HB5734- 29 -LRB097 18797 RLC 64034 b

1    Section 15. The Sex Offender Registration Act is amended by
2changing Section 2 and adding Section 3-6 as follows:
 
3    (730 ILCS 150/2)  (from Ch. 38, par. 222)
4    Sec. 2. Definitions.
5    (A) As used in this Article, "sex offender" means any
6person who is:
7        (1) charged pursuant to Illinois law, or any
8    substantially similar federal, Uniform Code of Military
9    Justice, sister state, or foreign country law, with a sex
10    offense set forth in subsection (B) of this Section or the
11    attempt to commit an included sex offense, and:
12            (a) is convicted of such offense or an attempt to
13        commit such offense; or
14            (b) is found not guilty by reason of insanity of
15        such offense or an attempt to commit such offense; or
16            (c) is found not guilty by reason of insanity
17        pursuant to Section 104-25(c) of the Code of Criminal
18        Procedure of 1963 of such offense or an attempt to
19        commit such offense; or
20            (d) is the subject of a finding not resulting in an
21        acquittal at a hearing conducted pursuant to Section
22        104-25(a) of the Code of Criminal Procedure of 1963 for
23        the alleged commission or attempted commission of such
24        offense; or

 

 

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

 

 

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1    committing or attempting to commit an act which, if
2    committed by an adult, would constitute any of the offenses
3    specified in item (B), (C), or (C-5) of this Section or a
4    violation of any substantially similar federal, Uniform
5    Code of Military Justice, sister state, or foreign country
6    law, or found guilty under Article V of the Juvenile Court
7    Act of 1987 of committing or attempting to commit an act
8    which, if committed by an adult, would constitute any of
9    the 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, or
12    foreign country law.
13    Convictions that result from or are connected with the same
14act, or result from offenses committed at the same time, shall
15be counted for the purpose of this Article as one conviction.
16Any conviction set aside pursuant to law is not a conviction
17for purposes of this Article.
18     For purposes of this Section, "convicted" shall have the
19same meaning as "adjudicated".
20    (B) As used in this Article, "sex offense" means:
21        (1) A violation of any of the following Sections of the
22    Criminal Code of 1961:
23            11-20.1 (child pornography),
24            11-20.1B or 11-20.3 (aggravated child
25        pornography),
26            11-6 (indecent solicitation of a child),

 

 

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1            11-9.1 (sexual exploitation of a child),
2            11-9.2 (custodial sexual misconduct),
3            11-9.5 (sexual misconduct with a person with a
4        disability),
5            11-14.4 (promoting juvenile prostitution),
6            11-15.1 (soliciting for a juvenile prostitute),
7            11-18.1 (patronizing a juvenile prostitute),
8            11-17.1 (keeping a place of juvenile
9        prostitution),
10            11-19.1 (juvenile pimping),
11            11-19.2 (exploitation of a child),
12            11-25 (grooming),
13            11-26 (traveling to meet a minor),
14            11-1.20 or 12-13 (criminal sexual assault),
15            11-1.30 or 12-14 (aggravated criminal sexual
16        assault),
17            11-1.40 or 12-14.1 (predatory criminal sexual
18        assault of a child),
19            11-1.50 or 12-15 (criminal sexual abuse),
20            11-1.60 or 12-16 (aggravated criminal sexual
21        abuse),
22            12-33 (ritualized abuse of a child).
23            An attempt to commit any of these offenses.
24        (1.1) A violation of subsection (a) of Section 11-1.50
25    or subsection (a) of Section 12-15 of the Criminal Code of
26    1961 (criminal sexual abuse when the act of sexual conduct

 

 

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1    was by the use of force or threat of force or the offender
2    knew that the victim was unable to understand the nature of
3    the act or was unable to give knowing consent).
4        (1.2) A violation of subsection (b) or (c) of Section
5    11-1.50 or subsection (b) or (c) of Section 12-15 of the
6    Criminal Code of 1961 unless each of these factors is
7    present:
8            (i) the defendant was not more than 4 years older
9        than the victim at the time of the offense;
10            (ii) the victim was at least 14 years of age at the
11        time of the offense; and
12            (iii) the conviction is based on the ages of the
13        defendant and the victim at the time of the offense and
14        was not based on an element of force or coercion.
15        (1.3) A violation of Section 11-9.1 of the Criminal
16    Code of 1961 (sexual exploitation of a child) unless each
17    of these factors is present:
18            (i) the defendant was not more than 4 years older
19        than the victim at the time of the offense;
20            (ii) the victim was at least 14 years of age at the
21        time of the offense; and
22            (iii) the conviction is based on the ages of the
23        defendant and the victim at the time of the offense and
24        was not based on an element of force or coercion.
25        
26        (1.5) A violation of any of the following Sections of

 

 

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1    the Criminal Code of 1961, when the victim is a person
2    under 18 years of age, the defendant is not a parent of the
3    victim, the offense was sexually motivated as defined in
4    Section 10 of the Sex Offender Management Board Act, and
5    the offense was committed on or after January 1, 1996:
6            10-1 (kidnapping),
7            10-2 (aggravated kidnapping),
8            10-3 (unlawful restraint),
9            10-3.1 (aggravated unlawful restraint).
10        If the offense was committed before January 1, 1996, it
11    is a sex offense requiring registration only when the
12    person is convicted of any felony after July 1, 2011, and
13    paragraph (2.1) of subsection (c) of Section 3 of this Act
14    applies.
15        (1.6) First degree murder under Section 9-1 of the
16    Criminal Code of 1961, provided the offense was sexually
17    motivated as defined in Section 10 of the Sex Offender
18    Management Board Act.
19        (1.7) (Blank).
20        (1.8) A violation or attempted violation of Section
21    11-11 (sexual relations within families) of the Criminal
22    Code of 1961, and the offense was committed on or after
23    June 1, 1997. If the offense was committed before June 1,
24    1997, it is a sex offense requiring registration only when
25    the person is convicted of any felony after July 1, 2011,
26    and paragraph (2.1) of subsection (c) of Section 3 of this

 

 

HB5734- 35 -LRB097 18797 RLC 64034 b

1    Act applies.
2        (1.9) Child abduction under paragraph (10) of
3    subsection (b) of Section 10-5 of the Criminal Code of 1961
4    committed by luring or attempting to lure a child under the
5    age of 16 into a motor vehicle, building, house trailer, or
6    dwelling place without the consent of the parent or lawful
7    custodian of the child for other than a lawful purpose and
8    the offense was committed on or after January 1, 1998,
9    provided the offense was sexually motivated as defined in
10    Section 10 of the Sex Offender Management Board Act. If the
11    offense was committed before January 1, 1998, it is a sex
12    offense requiring registration only when the person is
13    convicted of any felony after July 1, 2011, and paragraph
14    (2.1) of subsection (c) of Section 3 of this Act applies.
15        (1.10) A violation or attempted violation of any of the
16    following Sections of the Criminal Code of 1961 when the
17    offense was committed on or after July 1, 1999:
18            10-4 (forcible detention, if the victim is under 18
19        years of age), provided the offense was sexually
20        motivated as defined in Section 10 of the Sex Offender
21        Management Board Act,
22            11-6.5 (indecent solicitation of an adult),
23            11-14.3 that involves soliciting for a prostitute,
24        or 11-15 (soliciting for a prostitute, if the victim is
25        under 18 years of age),
26            subdivision (a)(2)(A) or (a)(2)(B) of Section

 

 

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1        11-14.3, or Section 11-16 (pandering, if the victim is
2        under 18 years of age),
3            11-18 (patronizing a prostitute, if the victim is
4        under 18 years of age),
5            subdivision (a)(2)(C) of Section 11-14.3, or
6        Section 11-19 (pimping, if the victim is under 18 years
7        of age).
8        If the offense was committed before July 1, 1999, it is
9    a sex offense requiring registration only when the person
10    is convicted of any felony after July 1, 2011, and
11    paragraph (2.1) of subsection (c) of Section 3 of this Act
12    applies.
13        (1.11) A violation or attempted violation of any of the
14    following Sections of the Criminal Code of 1961 when the
15    offense was committed on or after August 22, 2002:
16            11-9 or 11-30 (public indecency for a third or
17        subsequent conviction).
18        If the third or subsequent conviction was imposed
19    before August 22, 2002, it is a sex offense requiring
20    registration only when the person is convicted of any
21    felony after July 1, 2011, and paragraph (2.1) of
22    subsection (c) of Section 3 of this Act applies.
23        (1.12) A violation or attempted violation of Section
24    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
25    Criminal Code of 1961 (permitting sexual abuse) when the
26    offense was committed on or after August 22, 2002. If the

 

 

HB5734- 37 -LRB097 18797 RLC 64034 b

1    offense was committed before August 22, 2002, it is a sex
2    offense requiring registration only when the person is
3    convicted of any felony after July 1, 2011, and paragraph
4    (2.1) of subsection (c) of Section 3 of this Act applies.
5        (2) A violation of any former law of this State
6    substantially equivalent to any offense listed in
7    subsection (B) of this Section.
8    (C) A conviction for an offense of federal law, Uniform
9Code of Military Justice, or the law of another state or a
10foreign country that is substantially equivalent to any offense
11listed in subsections (B), (C), (E), and (E-5) of this Section
12shall constitute a conviction for the purpose of this Article.
13A finding or adjudication as a sexually dangerous person or a
14sexually violent person under any federal law, Uniform Code of
15Military Justice, or the law of another state or foreign
16country that is substantially equivalent to the Sexually
17Dangerous Persons Act or the Sexually Violent Persons
18Commitment Act shall constitute an adjudication for the
19purposes of this Article.
20    (C-5) A person at least 17 years of age at the time of the
21commission of the offense who is convicted of first degree
22murder under Section 9-1 of the Criminal Code of 1961, against
23a person under 18 years of age, shall be required to register
24for natural life. A conviction for an offense of federal,
25Uniform Code of Military Justice, sister state, or foreign
26country law that is substantially equivalent to any offense

 

 

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1listed in subsection (C-5) of this Section shall constitute a
2conviction for the purpose of this Article. This subsection
3(C-5) applies to a person who committed the offense before June
41, 1996 if: (i) the person is incarcerated in an Illinois
5Department of Corrections facility on August 20, 2004 (the
6effective date of Public Act 93-977), or (ii) subparagraph (i)
7does not apply and the person is convicted of any felony after
8July 1, 2011, and paragraph (2.1) of subsection (c) of Section
93 of this Act applies.
10    (C-6) A person who is convicted or adjudicated delinquent
11of first degree murder as defined in Section 9-1 of the
12Criminal Code of 1961, against a person 18 years of age or
13over, shall be required to register for his or her natural
14life. A conviction for an offense of federal, Uniform Code of
15Military Justice, sister state, or foreign country law that is
16substantially equivalent to any offense listed in subsection
17(C-6) of this Section shall constitute a conviction for the
18purpose of this Article. This subsection (C-6) does not apply
19to those individuals released from incarceration more than 10
20years prior to January 1, 2012 (the effective date of Public
21Act 97-154) this amendatory Act of the 97th General Assembly.
22    (D) As used in this Article, "law enforcement agency having
23jurisdiction" means the Chief of Police in each of the
24municipalities in which the sex offender expects to reside,
25work, or attend school (1) upon his or her discharge, parole or
26release or (2) during the service of his or her sentence of

 

 

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1probation or conditional discharge, or the Sheriff of the
2county, in the event no Police Chief exists or if the offender
3intends to reside, work, or attend school in an unincorporated
4area. "Law enforcement agency having jurisdiction" includes
5the location where out-of-state students attend school and
6where out-of-state employees are employed or are otherwise
7required to register.
8    (D-1) As used in this Article, "supervising officer" means
9the assigned Illinois Department of Corrections parole agent or
10county probation officer.
11    (E) As used in this Article, "sexual predator" means any
12person who, after July 1, 1999, is:
13        (1) Convicted for an offense of federal, Uniform Code
14    of Military Justice, sister state, or foreign country law
15    that is substantially equivalent to any offense listed in
16    subsection (E) or (E-5) of this Section shall constitute a
17    conviction for the purpose of this Article. Convicted of a
18    violation or attempted violation of any of the following
19    Sections of the Criminal Code of 1961:
20            11-14.4 that involves keeping a place of juvenile
21        prostitution, or 11-17.1 (keeping a place of juvenile
22        prostitution),
23            subdivision (a)(2) or (a)(3) of Section 11-14.4,
24        or Section 11-19.1 (juvenile pimping),
25            subdivision (a)(4) of Section 11-14.4, or Section
26        11-19.2 (exploitation of a child),

 

 

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1            11-20.1 (child pornography),
2            11-20.1B or 11-20.3 (aggravated child
3        pornography),
4            11-1.20 or 12-13 (criminal sexual assault),
5            11-1.30 or 12-14 (aggravated criminal sexual
6        assault),
7            11-1.40 or 12-14.1 (predatory criminal sexual
8        assault of a child),
9            11-1.60 or 12-16 (aggravated criminal sexual
10        abuse),
11            12-33 (ritualized abuse of a child);
12        (2) (blank);
13        (3) certified as a sexually dangerous person pursuant
14    to the Sexually Dangerous Persons Act or any substantially
15    similar federal, Uniform Code of Military Justice, sister
16    state, or foreign country law;
17        (4) found to be a sexually violent person pursuant to
18    the Sexually Violent Persons Commitment Act or any
19    substantially similar federal, Uniform Code of Military
20    Justice, sister state, or foreign country law;
21        (5) convicted of a second or subsequent offense which
22    requires registration pursuant to this Act. For purposes of
23    this paragraph (5), "convicted" shall include a conviction
24    under any substantially similar Illinois, federal, Uniform
25    Code of Military Justice, sister state, or foreign country
26    law;

 

 

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1        (6) convicted of a second or subsequent offense of
2    luring a minor under Section 10-5.1 of the Criminal Code of
3    1961; or
4        (7) if the person was convicted of an offense set forth
5    in this subsection (E) on or before July 1, 1999, the
6    person is a sexual predator for whom registration is
7    required only when the person is convicted of a felony
8    offense after July 1, 2011, and paragraph (2.1) of
9    subsection (c) of Section 3 of this Act applies.
10    (E-5) As used in this Article, "sexual predator" also means
11a person convicted of a violation or attempted violation of any
12of the following Sections of the Criminal Code of 1961:
13        (1) Section 9-1 (first degree murder, when the victim
14    was a person under 18 years of age and the defendant was at
15    least 17 years of age at the time of the commission of the
16    offense, provided the offense was sexually motivated as
17    defined in Section 10 of the Sex Offender Management Board
18    Act);
19        (2) Section 11-9.5 (sexual misconduct with a person
20    with a disability);
21        (3) when the victim is a person under 18 years of age,
22    the defendant is not a parent of the victim, the offense
23    was sexually motivated as defined in Section 10 of the Sex
24    Offender Management Board Act, and the offense was
25    committed on or after January 1, 1996: (A) Section 10-1
26    (kidnapping), (B) Section 10-2 (aggravated kidnapping),

 

 

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1    (C) Section 10-3 (unlawful restraint), and (D) Section
2    10-3.1 (aggravated unlawful restraint); and
3        (4) Section 10-5(b)(10) (child abduction committed by
4    luring or attempting to lure a child under the age of 16
5    into a motor vehicle, building, house trailer, or dwelling
6    place without the consent of the parent or lawful custodian
7    of the child for other than a lawful purpose and the
8    offense was committed on or after January 1, 1998, provided
9    the offense was sexually motivated as defined in Section 10
10    of the Sex Offender Management Board Act).
11    (E-10) As used in this Article, "sexual predator" also
12means a person required to register in another State due to a
13conviction, adjudication or other action of any court
14triggering an obligation to register as a sex offender, sexual
15predator, or substantially similar status under the laws of
16that State.
17    (F) As used in this Article, "out-of-state student" means
18any sex offender, as defined in this Section, or sexual
19predator who is enrolled in Illinois, on a full-time or
20part-time basis, in any public or private educational
21institution, including, but not limited to, any secondary
22school, trade or professional institution, or institution of
23higher learning.
24    (G) As used in this Article, "out-of-state employee" means
25any sex offender, as defined in this Section, or sexual
26predator who works in Illinois, regardless of whether the

 

 

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1individual receives payment for services performed, for a
2period of time of 10 or more days or for an aggregate period of
3time of 30 or more days during any calendar year. Persons who
4operate motor vehicles in the State accrue one day of
5employment time for any portion of a day spent in Illinois.
6    (H) As used in this Article, "school" means any public or
7private educational institution, including, but not limited
8to, any elementary or secondary school, trade or professional
9institution, or institution of higher education.
10    (I) As used in this Article, "fixed residence" means any
11and all places that a sex offender resides for an aggregate
12period of time of 5 or more days in a calendar year.
13    (J) As used in this Article, "Internet protocol address"
14means the string of numbers by which a location on the Internet
15is identified by routers or other computers connected to the
16Internet.
17(Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11;
1896-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12;
19revised 9-27-11.)
 
20    (730 ILCS 150/3-6 new)
21    Sec. 3-6. Termination of registration.
22    (a) At any time after sentencing, a person may file a
23motion with the sentencing court for removal from the
24requirement to register as a sex offender under this Act if he
25or she before the effective date of this amendatory Act of the

 

 

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197th General Assembly was convicted of or adjudicated
2delinquent for: (1) the offense of criminal sexual abuse under
3subsection (b) or (c) of Section 11-1.50 or subsection (b) or
4(c) of Section 12-15 of the Criminal Code of 1961 but not under
5subsection (a) of Section 11-1.50 or subsection (a) of Section
612-15 of the Criminal Code of 1961 or (2) the offense of sexual
7exploitation of a child under Section 11-9.1 of the Criminal
8Code of 1961 if under clause (1) or (2):
9        (A) he or she is not more than 4 years older than the
10    victim;
11        (B) the victim was 14 years of age or older at the time
12    of the offense; and
13        (C) in the case of clause (2) the conviction is based
14    on the ages of the defendant and the victim at the time of
15    the offense and was not based on an element of force or
16    coercion.
17    (b) The court may only consider the petition if the
18petition states and the court finds by a preponderance of the
19evidence that:
20        (1) the defendant's conviction is based on the ages of
21    the defendant and the victim at the time of the offense and
22    was not based on any element of force or coercion;
23        (2) at the time of the offense, the victim was at least
24    14 years of age and the defendant was not more than 4 years
25    older than the victim; and
26        (3) the defendant would have been entitled to an

 

 

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1    affirmative finding under subsection (g) of Section 5-4-1
2    of the Unified Code of Corrections.
3    (c) The State's Attorney and the victim must each receive
421 days notice prior to the disposition of the motion and may
5present evidence in opposition to the requested relief or
6otherwise demonstrate why the motion should be denied.
7    (d) The court may upon a hearing on the petition for
8termination of registration, terminate registration if the
9court finds that the registrant poses no risk to the community
10by a preponderance of the evidence based upon the following
11factors:
12        (1) a risk assessment performed by an evaluator
13    approved by the Sex Offender Management Board;
14        (2) the sex offender history of the registrant;
15        (3) evidence of the registrant's rehabilitation;
16        (4) the age of the registrant at the time of the
17    offense;
18        (5) information related to the registrant's mental,
19    physical, educational, and social history;
20        (6) victim impact statements; and
21        (7) any other factors deemed relevant by the court.
22    (e) If the court denies the motion, the offender may not
23petition again under this Section for removal from the
24requirement to register as a sex offender until 2 years has
25elapsed following denial of the motion.
26    (f) If the court grants the motion, and the offender

 

 

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1provides the Department of State Police with a certified copy
2of the court's order removing the requirement that he or she
3register as a sex offender, the registration requirement may
4not apply to the person and the Department shall remove all
5information about the person from the registry of sex offenders
6maintained by the Department.
7    (g) Relief under this Section does not entitle the offender
8to expunge or seal information about his or her criminal
9history.
10