Illinois General Assembly - Full Text of HB3360
Illinois General Assembly

Previous General Assemblies

Full Text of HB3360  102nd General Assembly

HB3360 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3360

 

Introduced 2/22/2021, by Rep. Deanne M. Mazzochi - Chris Bos

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/10-9
730 ILCS 150/2  from Ch. 38, par. 222

    Amends the Criminal Code of 2012. Increases the penalties for trafficking in persons, involuntary servitude, and related offenses. For some Class X offenses, imposes a term of imprisonment of not less than 12 years and not more than 30 years. Amends the Sex Offender Registration Act. Provides that "sex offense" for registration purposes of the Act includes involuntary sexual servitude of a minor on or after January 1, 2021.


LRB102 13532 KMF 18879 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3360LRB102 13532 KMF 18879 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 Section 10-9 as follows:
 
6    (720 ILCS 5/10-9)
7    Sec. 10-9. Trafficking in persons, involuntary servitude,
8and related offenses.
9    (a) Definitions. In this Section:
10    (1) "Intimidation" has the meaning prescribed in Section
1112-6.
12    (2) "Commercial sexual activity" means any sex act on
13account of which anything of value is given, promised to, or
14received by any person.
15    (2.5) "Company" means any sole proprietorship,
16organization, association, corporation, partnership, joint
17venture, limited partnership, limited liability partnership,
18limited liability limited partnership, limited liability
19company, or other entity or business association, including
20all wholly owned subsidiaries, majority-owned subsidiaries,
21parent companies, or affiliates of those entities or business
22associations, that exist for the purpose of making profit.
23    (3) "Financial harm" includes intimidation that brings

 

 

HB3360- 2 -LRB102 13532 KMF 18879 b

1about financial loss, criminal usury, or employment contracts
2that violate the Frauds Act.
3    (4) (Blank).
4    (5) "Labor" means work of economic or financial value.
5    (6) "Maintain" means, in relation to labor or services, to
6secure continued performance thereof, regardless of any
7initial agreement on the part of the victim to perform that
8type of service.
9    (7) "Obtain" means, in relation to labor or services, to
10secure performance thereof.
11    (7.5) "Serious harm" means any harm, whether physical or
12nonphysical, including psychological, financial, or
13reputational harm, that is sufficiently serious, under all the
14surrounding circumstances, to compel a reasonable person of
15the same background and in the same circumstances to perform
16or to continue performing labor or services in order to avoid
17incurring that harm.
18    (8) "Services" means activities resulting from a
19relationship between a person and the actor in which the
20person performs activities under the supervision of or for the
21benefit of the actor. Commercial sexual activity and
22sexually-explicit performances are forms of activities that
23are "services" under this Section. Nothing in this definition
24may be construed to legitimize or legalize prostitution.
25    (9) "Sexually-explicit performance" means a live,
26recorded, broadcast (including over the Internet), or public

 

 

HB3360- 3 -LRB102 13532 KMF 18879 b

1act or show intended to arouse or satisfy the sexual desires or
2appeal to the prurient interests of patrons.
3    (10) "Trafficking victim" means a person subjected to the
4practices set forth in subsection (b), (c), or (d).
5    (b) Involuntary servitude. A person commits involuntary
6servitude when he or she knowingly subjects, attempts to
7subject, or engages in a conspiracy to subject another person
8to labor or services obtained or maintained through any of the
9following means, or any combination of these means:
10        (1) causes or threatens to cause physical harm to any
11    person;
12        (2) physically restrains or threatens to physically
13    restrain another person;
14        (3) abuses or threatens to abuse the law or legal
15    process;
16        (4) knowingly destroys, conceals, removes,
17    confiscates, or possesses any actual or purported passport
18    or other immigration document, or any other actual or
19    purported government identification document, of another
20    person;
21        (5) uses intimidation, or exerts financial control
22    over any person; or
23        (6) uses any scheme, plan, or pattern intended to
24    cause the person to believe that, if the person did not
25    perform the labor or services, that person or another
26    person would suffer serious harm or physical restraint.

 

 

HB3360- 4 -LRB102 13532 KMF 18879 b

1    Sentence. Except as otherwise provided in subsection (e)
2or (f), a violation of subsection (b)(1) is a Class X felony
3for which the person shall be sentenced to a term of
4imprisonment of not less than 12 years and not more than 30
5years, (b)(2) is a Class X 1 felony, (b)(3) is a Class 1 2
6felony, (b)(4) is a Class 2 3 felony, (b)(5) and (b)(6) is a
7Class 3 4 felony.
8    (c) Involuntary sexual servitude of a minor. A person
9commits involuntary sexual servitude of a minor when he or she
10knowingly recruits, entices, harbors, transports, provides, or
11obtains by any means, or attempts to recruit, entice, harbor,
12provide, or obtain by any means, another person under 18 years
13of age, knowing that the minor will engage in commercial
14sexual activity, a sexually-explicit performance, or the
15production of pornography, or causes or attempts to cause a
16minor to engage in one or more of those activities and:
17        (1) there is no overt force or threat and the minor is
18    between the ages of 17 and 18 years;
19        (2) there is no overt force or threat and the minor is
20    under the age of 17 years; or
21        (3) there is overt force or threat.
22    Sentence. Except as otherwise provided in subsection (e)
23or (f), a violation of subsection (c)(1) is a Class X 1 felony,
24(c)(2) is a Class X felony, and (c)(3) is a Class X felony for
25which the person shall be sentenced to a term of imprisonment
26of not less than 12 years and not more than 30 years.

 

 

HB3360- 5 -LRB102 13532 KMF 18879 b

1    (d) Trafficking in persons. A person commits trafficking
2in persons when he or she knowingly: (1) recruits, entices,
3harbors, transports, provides, or obtains by any means, or
4attempts to recruit, entice, harbor, transport, provide, or
5obtain by any means, another person, intending or knowing that
6the person will be subjected to involuntary servitude; or (2)
7benefits, financially or by receiving anything of value, from
8participation in a venture that has engaged in an act of
9involuntary servitude or involuntary sexual servitude of a
10minor. A company commits trafficking in persons when the
11company knowingly benefits, financially or by receiving
12anything of value, from participation in a venture that has
13engaged in an act of involuntary servitude or involuntary
14sexual servitude of a minor.
15    Sentence. A Except as otherwise provided in subsection (e)
16or (f), a violation of this subsection (d) by a person is a
17Class x 1 felony. A violation of this subsection by a company
18is a business offense for which a fine of up to $100,000 may be
19imposed.
20    (e) Aggravating factors. A violation of this Section
21involving kidnapping or an attempt to kidnap, aggravated
22criminal sexual assault or an attempt to commit aggravated
23criminal sexual assault, or an attempt to commit first degree
24murder is a Class X felony for which the person shall be
25sentenced to a term of imprisonment of not less than 12 years
26and not more than 30 years.

 

 

HB3360- 6 -LRB102 13532 KMF 18879 b

1    (f) Sentencing considerations.
2        (1) Bodily injury. If, pursuant to a violation of this
3    Section, a victim suffered bodily injury, the defendant
4    may be sentenced to an extended-term sentence under
5    Section 5-8-2 of the Unified Code of Corrections. The
6    sentencing court must take into account the time in which
7    the victim was held in servitude, with increased penalties
8    for cases in which the victim was held for between 180 days
9    and one year, and increased penalties for cases in which
10    the victim was held for more than one year.
11        (2) Number of victims. In determining sentences within
12    statutory maximums, the sentencing court should take into
13    account the number of victims, and may provide for
14    substantially increased sentences in cases involving more
15    than 10 victims.
16    (g) Restitution. Restitution is mandatory under this
17Section. In addition to any other amount of loss identified,
18the court shall order restitution including the greater of (1)
19the gross income or value to the defendant of the victim's
20labor or services or (2) the value of the victim's labor as
21guaranteed under the Minimum Wage Law and overtime provisions
22of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
23whichever is greater.
24    (g-5) Fine distribution. If the court imposes a fine under
25subsection (b), (c), or (d) of this Section, it shall be
26collected and distributed to the Specialized Services for

 

 

HB3360- 7 -LRB102 13532 KMF 18879 b

1Survivors of Human Trafficking Fund in accordance with Section
25-9-1.21 of the Unified Code of Corrections.
3    (h) Trafficking victim services. Subject to the
4availability of funds, the Department of Human Services may
5provide or fund emergency services and assistance to
6individuals who are victims of one or more offenses defined in
7this Section.
8    (i) Certification. The Attorney General, a State's
9Attorney, or any law enforcement official shall certify in
10writing to the United States Department of Justice or other
11federal agency, such as the United States Department of
12Homeland Security, that an investigation or prosecution under
13this Section has begun and the individual who is a likely
14victim of a crime described in this Section is willing to
15cooperate or is cooperating with the investigation to enable
16the individual, if eligible under federal law, to qualify for
17an appropriate special immigrant visa and to access available
18federal benefits. Cooperation with law enforcement shall not
19be required of victims of a crime described in this Section who
20are under 18 years of age. This certification shall be made
21available to the victim and his or her designated legal
22representative.
23    (j) A person who commits involuntary servitude,
24involuntary sexual servitude of a minor, or trafficking in
25persons under subsection (b), (c), or (d) of this Section is
26subject to the property forfeiture provisions set forth in

 

 

HB3360- 8 -LRB102 13532 KMF 18879 b

1Article 124B of the Code of Criminal Procedure of 1963.
2(Source: P.A. 101-18, eff. 1-1-20.)
 
3    Section 10. The Sex Offender Registration Act is amended
4by changing Section 2 as follows:
 
5    (730 ILCS 150/2)  (from Ch. 38, par. 222)
6    Sec. 2. Definitions.
7    (A) As used in this Article, "sex offender" means any
8person who is:
9        (1) charged pursuant to Illinois law, or any
10    substantially similar federal, Uniform Code of Military
11    Justice, sister state, or foreign country law, with a sex
12    offense set forth in subsection (B) of this Section or the
13    attempt to commit an included sex offense, and:
14            (a) is convicted of such offense or an attempt to
15        commit such offense; or
16            (b) is found not guilty by reason of insanity of
17        such offense or an attempt to commit such offense; or
18            (c) is found not guilty by reason of insanity
19        pursuant to Section 104-25(c) of the Code of Criminal
20        Procedure of 1963 of such offense or an attempt to
21        commit such offense; or
22            (d) is the subject of a finding not resulting in an
23        acquittal at a hearing conducted pursuant to Section
24        104-25(a) of the Code of Criminal Procedure of 1963

 

 

HB3360- 9 -LRB102 13532 KMF 18879 b

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

 

 

HB3360- 10 -LRB102 13532 KMF 18879 b

1    Justice, sister state, or foreign country law; or
2        (5) adjudicated a juvenile delinquent as the result of
3    committing or attempting to commit an act which, if
4    committed by an adult, would constitute any of the
5    offenses specified in item (B), (C), or (C-5) of this
6    Section or a violation of any substantially similar
7    federal, Uniform Code of Military Justice, sister state,
8    or foreign country law, or found guilty under Article V of
9    the Juvenile Court Act of 1987 of committing or attempting
10    to commit an act which, if committed by an adult, would
11    constitute any of the offenses specified in item (B), (C),
12    or (C-5) of this Section or a violation of any
13    substantially similar federal, Uniform Code of Military
14    Justice, sister state, or foreign country law.
15    Convictions that result from or are connected with the
16same act, or result from offenses committed at the same time,
17shall be counted for the purpose of this Article as one
18conviction. Any conviction set aside pursuant to law is not a
19conviction for purposes of this Article.
20     For purposes of this Section, "convicted" shall have the
21same meaning as "adjudicated".
22    (B) As used in this Article, "sex offense" means:
23        (1) A violation of any of the following Sections of
24    the Criminal Code of 1961 or the Criminal Code of 2012:
25            11-20.1 (child pornography),
26            11-20.1B or 11-20.3 (aggravated child

 

 

HB3360- 11 -LRB102 13532 KMF 18879 b

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

 

 

HB3360- 12 -LRB102 13532 KMF 18879 b

1        (1.5) A violation of any of the following Sections of
2    the Criminal Code of 1961 or the Criminal Code of 2012,
3    when the victim is a person under 18 years of age, the
4    defendant is not a parent of the victim, the offense was
5    sexually motivated as defined in Section 10 of the Sex
6    Offender Evaluation and Treatment Act, and the offense was
7    committed on or after January 1, 1996:
8            10-1 (kidnapping),
9            10-2 (aggravated kidnapping),
10            10-3 (unlawful restraint),
11            10-3.1 (aggravated unlawful restraint).
12        If the offense was committed before January 1, 1996,
13    it is a sex offense requiring registration only when the
14    person is convicted of any felony after July 1, 2011, and
15    paragraph (2.1) of subsection (c) of Section 3 of this Act
16    applies.
17        (1.6) First degree murder under Section 9-1 of the
18    Criminal Code of 1961 or the Criminal Code of 2012,
19    provided the offense was sexually motivated as defined in
20    Section 10 of the Sex Offender Management Board Act.
21        (1.7) (Blank).
22        (1.8) A violation or attempted violation of Section
23    11-11 (sexual relations within families) of the Criminal
24    Code of 1961 or the Criminal Code of 2012, and the offense
25    was committed on or after June 1, 1997. If the offense was
26    committed before June 1, 1997, it is a sex offense

 

 

HB3360- 13 -LRB102 13532 KMF 18879 b

1    requiring registration only when the person is convicted
2    of any felony after July 1, 2011, and paragraph (2.1) of
3    subsection (c) of Section 3 of this Act applies.
4        (1.9) Child abduction under paragraph (10) of
5    subsection (b) of Section 10-5 of the Criminal Code of
6    1961 or the Criminal Code of 2012 committed by luring or
7    attempting to lure a child under the age of 16 into a motor
8    vehicle, building, house trailer, or dwelling place
9    without the consent of the parent or lawful custodian of
10    the child for other than a lawful purpose and the offense
11    was committed on or after January 1, 1998, provided the
12    offense was sexually motivated as defined in Section 10 of
13    the Sex Offender Management Board Act. If the offense was
14    committed before January 1, 1998, it is a sex offense
15    requiring registration only when the person is convicted
16    of any felony after July 1, 2011, and paragraph (2.1) of
17    subsection (c) of Section 3 of this Act applies.
18        (1.10) A violation or attempted violation of any of
19    the following Sections of the Criminal Code of 1961 or the
20    Criminal Code of 2012 when the offense was committed on or
21    after July 1, 1999:
22            10-4 (forcible detention, if the victim is under
23        18 years of age), provided the offense was sexually
24        motivated as defined in Section 10 of the Sex Offender
25        Management Board Act,
26            11-6.5 (indecent solicitation of an adult),

 

 

HB3360- 14 -LRB102 13532 KMF 18879 b

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

 

 

HB3360- 15 -LRB102 13532 KMF 18879 b

1    subsection (c) of Section 3 of this Act applies.
2        (1.12) A violation or attempted violation of Section
3    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
4    Criminal Code of 1961 or the Criminal Code of 2012
5    (permitting sexual abuse) when the offense was committed
6    on or after August 22, 2002. If the offense was committed
7    before August 22, 2002, it is a sex offense requiring
8    registration only when the person is convicted of any
9    felony after July 1, 2011, and paragraph (2.1) of
10    subsection (c) of Section 3 of this Act applies.
11        (1.13) A violation or attempted violation of
12    subsection (c) of Section 10-9 of the Criminal Code of
13    2012 (involuntary sexual servitude of a minor) when the
14    offense was committed on or after January 1, 2021. If the
15    offense was committed before January 1, 2021, it is a sex
16    offense requiring registration only when the person is
17    convicted of any felony on or after January 1, 2021, and
18    paragraph (2.1) of subsection (c) of Section 3 of this Act
19    applies.
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

 

 

HB3360- 16 -LRB102 13532 KMF 18879 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

 

 

HB3360- 17 -LRB102 13532 KMF 18879 b

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

 

 

HB3360- 18 -LRB102 13532 KMF 18879 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

 

 

HB3360- 19 -LRB102 13532 KMF 18879 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

 

 

HB3360- 20 -LRB102 13532 KMF 18879 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).

 

 

HB3360- 21 -LRB102 13532 KMF 18879 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

 

 

HB3360- 22 -LRB102 13532 KMF 18879 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.)