Illinois General Assembly - Full Text of HB1979
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Full Text of HB1979  95th General Assembly

HB1979enr 95TH GENERAL ASSEMBLY



 


 
HB1979 Enrolled LRB095 09506 RLC 29704 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Section 32-5 and by adding Section 10-5.1 as follows:
 
6     (720 ILCS 5/10-5.1 new)
7     Sec. 10-5.1. Luring of a minor.
8     (a) A person commits the offense of luring of a minor when
9 the offender is 21 years of age or older and knowingly contacts
10 or communicates electronically to the minor:
11         (1) knowing the minor is under 15 years of age;
12         (2) with the intent to persuade, lure or transport the
13     minor away from his or her home, or other location known by
14     the minor's parent or legal guardian to be the place where
15     the minor is to be located;
16         (3) for an unlawful purpose;
17         (4) without the express consent of the person's parent
18     or legal guardian;
19         (5) with the intent to avoid the express consent of the
20     person's parent or legal guardian;
21         (6) after so communicating, commits any act in
22     furtherance of the intent described in clause (a)(2); and
23         (7) is a stranger to the parents or legal guardian of

 

 

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1     the minor.
2     (b) A person commits the offense of luring of a minor when
3 the offender is at least 18 years of age but under 21 years of
4 age and knowingly contacts or communicates electronically to
5 the minor:
6         (1) knowing the minor is under 15 years of age;
7         (2) with the intent to persuade, lure, or transport the
8     minor away from his or her home or other location known by
9     the minor's parent or legal guardian, to be the place where
10     the minor is to be located;
11         (3) for an unlawful purpose;
12         (4) without the express consent of the person's parent
13     or legal guardian;
14         (5) with the intent to avoid the express consent of the
15     person's parent or legal guardian;
16         (6) after so communicating, commits any act in
17     furtherance of the intent described in clause (b)(2); and
18         (7) is a stranger to the parents or legal guardian of
19     the minor.
20     (c) Definitions. For purposes of this Section:
21         (1) "Emergency situation" means a situation in which
22     the minor is threatened with imminent bodily harm,
23     emotional harm or psychological harm.
24         (2) "Express consent" means oral or written permission
25     that is positive, direct, and unequivocal, requiring no
26     inference or implication to supply its meaning.

 

 

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1         (3) "Contacts or communicates electronically" includes
2     but is not limited to, any attempt to make contact or
3     communicate telephonically or through the Internet or text
4     messages.
5         (4) "Luring" shall mean any knowing act to solicit,
6     entice, tempt, or attempt to attract the minor.
7         (5) "Minor" shall mean any person under the age of 15.
8         (6) "Stranger" shall have its common and ordinary
9     meaning, including but not limited to, a person that is
10     either not known by the parents of the minor or does not
11     have any association with the parents of the minor.
12         (7) "Unlawful purpose" shall mean any misdemeanor or
13     felony violation of State law or a similar federal or
14     sister state law or local ordinance.
15     (d) This Section may not be interpreted to criminalize an
16 act or person contacting a minor within the scope and course of
17 his employment, or status as a volunteer of a recognized civic,
18 charitable or youth organization.
19     (e) This Section is intended to protect minors and to help
20 parents and legal guardians exercise reasonable care,
21 supervision, protection, and control over minor children.
22     (f) Affirmative defenses.
23         (1) It shall be an affirmative defense to any offense
24     under this Section 10-5.1 that the accused reasonably
25     believed that the minor was over the age of 15.
26         (2) It shall be an affirmative defense to any offense

 

 

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1     under this Section 10-5.1 that the accused is assisting the
2     minor in an emergency situation.
3         (3) It shall not be a defense to the prosecution of any
4     offense under this Section 10-5.1 if the person who is
5     contacted by the offender is posing as a minor and is in
6     actuality an adult law enforcement officer.
7     (g) Penalties.
8         (1) A first offense of luring of a minor under
9     subsection (a) shall be a Class 4 felony. A person
10     convicted of luring of a minor under subsection (a) shall
11     undergo a sex offender evaluation prior to a sentence being
12     imposed. An offense of luring of a minor under subsection
13     (a) when a person has a prior conviction in Illinois of a
14     sex offense as defined in the Sex Offender Registration
15     Act, or any substantially similar federal, Uniform Code of
16     Military Justice, sister state, or foreign government
17     offense, is guilty of a Class 2 felony.
18         (2) A first offense of luring of a minor under
19     subsection (b) is a Class B misdemeanor.
20         (3) A second or subsequent offense of luring of a minor
21     under subsection (a) is a Class 3 felony. A second or
22     subsequent offense of luring of a minor under subsection
23     (b) is a Class 4 felony. A second or subsequent offense
24     when a person has a prior conviction in Illinois of a sex
25     offense as defined in the Sex Offender Registration Act, or
26     any substantially similar federal, Uniform Code of

 

 

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1     Military Justice, sister state, or foreign government
2     offense, is a Class 1 felony. A defendant convicted a
3     second time of an offense under subsection (a) or (b) shall
4     register as a sexual predator of children pursuant to the
5     Sex Offender Registration Act.
6         (4) A third or subsequent offense is a Class 1 felony.
7     A third or subsequent offense when a person has a prior
8     conviction in Illinois of a sex offense as defined in the
9     Sex Offender Registration Act, or any substantially
10     similar federal, Uniform Code of Military Justice, sister
11     state, or foreign government offense, is a Class X felony.
12     (h) For violations of subsection (a), jurisdiction shall be
13 established if the transmission that constitutes the offense
14 either originates in this State or is received in this State
15 and does not apply to emergency situations. For violations of
16 subsection (b), jurisdiction shall be established in any county
17 where the act in furtherance of the commission of the offense
18 is committed, in the county where the minor resides, or in the
19 county where the offender resides.
 
20     (720 ILCS 5/32-5)  (from Ch. 38, par. 32-5)
21     Sec. 32-5. False personation of attorney, judicial, or
22 governmental officials.
23     (a) A person who falsely represents himself or herself to
24 be an attorney authorized to practice law for purposes of
25 compensation or consideration commits a Class 4 felony. This

 

 

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1 subsection (a) does not apply to a person who unintentionally
2 fails to pay attorney registration fees established by Supreme
3 Court Rule.
4     (b) A person who falsely represents himself or herself to
5 be a public officer or a public employee or an official or
6 employee of the federal government commits a Class B
7 misdemeanor.
8     (c) A person who falsely represents himself or herself to
9 be a public officer or a public employee commits a Class 4
10 felony if that false representation was for the purpose of
11 effectuating identity theft as defined in Section 16G-15 of
12 this Code.
13 (Source: P.A. 94-985, eff. 1-1-07.)
 
14     Section 10. The Unified Code of Corrections is amended by
15 changing Section 3-6-3 as follows:
 
16     (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
17     Sec. 3-6-3. Rules and Regulations for Early Release.
18         (a) (1) The Department of Corrections shall prescribe
19     rules and regulations for the early release on account of
20     good conduct of persons committed to the Department which
21     shall be subject to review by the Prisoner Review Board.
22         (2) The rules and regulations on early release shall
23     provide, with respect to offenses listed in clause (i),
24     (ii), or (iii) of this paragraph (2) committed on or after

 

 

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1     June 19, 1998 or with respect to the offense listed in
2     clause (iv) of this paragraph (2) committed on or after
3     June 23, 2005 (the effective date of Public Act 94-71) or
4     with respect to offense listed in clause (v) committed on
5     or after the effective date of this amendatory Act of the
6     95th General Assembly or with respect to the offense of
7     being an armed habitual criminal committed on or after
8     August 2, 2005 (the effective date of Public Act 94-398),
9     the following:
10             (i) that a prisoner who is serving a term of
11         imprisonment for first degree murder or for the offense
12         of terrorism shall receive no good conduct credit and
13         shall serve the entire sentence imposed by the court;
14             (ii) that a prisoner serving a sentence for attempt
15         to commit first degree murder, solicitation of murder,
16         solicitation of murder for hire, intentional homicide
17         of an unborn child, predatory criminal sexual assault
18         of a child, aggravated criminal sexual assault,
19         criminal sexual assault, aggravated kidnapping,
20         aggravated battery with a firearm, heinous battery,
21         being an armed habitual criminal, aggravated battery
22         of a senior citizen, or aggravated battery of a child
23         shall receive no more than 4.5 days of good conduct
24         credit for each month of his or her sentence of
25         imprisonment;
26             (iii) that a prisoner serving a sentence for home

 

 

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1         invasion, armed robbery, aggravated vehicular
2         hijacking, aggravated discharge of a firearm, or armed
3         violence with a category I weapon or category II
4         weapon, when the court has made and entered a finding,
5         pursuant to subsection (c-1) of Section 5-4-1 of this
6         Code, that the conduct leading to conviction for the
7         enumerated offense resulted in great bodily harm to a
8         victim, shall receive no more than 4.5 days of good
9         conduct credit for each month of his or her sentence of
10         imprisonment; and
11             (iv) that a prisoner serving a sentence for
12         aggravated discharge of a firearm, whether or not the
13         conduct leading to conviction for the offense resulted
14         in great bodily harm to the victim, shall receive no
15         more than 4.5 days of good conduct credit for each
16         month of his or her sentence of imprisonment; and .
17             (v) that a prisoner serving a sentence for a second
18         or subsequent offense of luring a minor shall receive
19         no more than 4.5 days of good conduct credit for each
20         month of his or her sentence of imprisonment.
21         (2.1) For all offenses, other than those enumerated in
22     subdivision (a)(2)(i), (ii), or (iii) committed on or after
23     June 19, 1998 or subdivision (a)(2)(iv) committed on or
24     after June 23, 2005 (the effective date of Public Act
25     94-71) or subdivision (a)(2)(v) committed on or after the
26     effective date of this amendatory Act of the 95th General

 

 

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1     Assembly, and other than the offense of reckless homicide
2     as defined in subsection (e) of Section 9-3 of the Criminal
3     Code of 1961 committed on or after January 1, 1999, or
4     aggravated driving under the influence of alcohol, other
5     drug or drugs, or intoxicating compound or compounds, or
6     any combination thereof as defined in subparagraph (F) of
7     paragraph (1) of subsection (d) of Section 11-501 of the
8     Illinois Vehicle Code, the rules and regulations shall
9     provide that a prisoner who is serving a term of
10     imprisonment shall receive one day of good conduct credit
11     for each day of his or her sentence of imprisonment or
12     recommitment under Section 3-3-9. Each day of good conduct
13     credit shall reduce by one day the prisoner's period of
14     imprisonment or recommitment under Section 3-3-9.
15         (2.2) A prisoner serving a term of natural life
16     imprisonment or a prisoner who has been sentenced to death
17     shall receive no good conduct credit.
18         (2.3) The rules and regulations on early release shall
19     provide that a prisoner who is serving a sentence for
20     reckless homicide as defined in subsection (e) of Section
21     9-3 of the Criminal Code of 1961 committed on or after
22     January 1, 1999, or aggravated driving under the influence
23     of alcohol, other drug or drugs, or intoxicating compound
24     or compounds, or any combination thereof as defined in
25     subparagraph (F) of paragraph (1) of subsection (d) of
26     Section 11-501 of the Illinois Vehicle Code, shall receive

 

 

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1     no more than 4.5 days of good conduct credit for each month
2     of his or her sentence of imprisonment.
3         (2.4) The rules and regulations on early release shall
4     provide with respect to the offenses of aggravated battery
5     with a machine gun or a firearm equipped with any device or
6     attachment designed or used for silencing the report of a
7     firearm or aggravated discharge of a machine gun or a
8     firearm equipped with any device or attachment designed or
9     used for silencing the report of a firearm, committed on or
10     after July 15, 1999 (the effective date of Public Act
11     91-121), that a prisoner serving a sentence for any of
12     these offenses shall receive no more than 4.5 days of good
13     conduct credit for each month of his or her sentence of
14     imprisonment.
15         (2.5) The rules and regulations on early release shall
16     provide that a prisoner who is serving a sentence for
17     aggravated arson committed on or after July 27, 2001 (the
18     effective date of Public Act 92-176) shall receive no more
19     than 4.5 days of good conduct credit for each month of his
20     or her sentence of imprisonment.
21         (3) The rules and regulations shall also provide that
22     the Director may award up to 180 days additional good
23     conduct credit for meritorious service in specific
24     instances as the Director deems proper; except that no more
25     than 90 days of good conduct credit for meritorious service
26     shall be awarded to any prisoner who is serving a sentence

 

 

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1     for conviction of first degree murder, reckless homicide
2     while under the influence of alcohol or any other drug, or
3     aggravated driving under the influence of alcohol, other
4     drug or drugs, or intoxicating compound or compounds, or
5     any combination thereof as defined in subparagraph (F) of
6     paragraph (1) of subsection (d) of Section 11-501 of the
7     Illinois Vehicle Code, aggravated kidnapping, kidnapping,
8     predatory criminal sexual assault of a child, aggravated
9     criminal sexual assault, criminal sexual assault, deviate
10     sexual assault, aggravated criminal sexual abuse,
11     aggravated indecent liberties with a child, indecent
12     liberties with a child, child pornography, heinous
13     battery, aggravated battery of a spouse, aggravated
14     battery of a spouse with a firearm, stalking, aggravated
15     stalking, aggravated battery of a child, endangering the
16     life or health of a child, cruelty to a child, or narcotic
17     racketeering. Notwithstanding the foregoing, good conduct
18     credit for meritorious service shall not be awarded on a
19     sentence of imprisonment imposed for conviction of: (i) one
20     of the offenses enumerated in subdivision (a)(2)(i), (ii),
21     or (iii) when the offense is committed on or after June 19,
22     1998 or subdivision (a)(2)(iv) when the offense is
23     committed on or after June 23, 2005 (the effective date of
24     Public Act 94-71) or subdivision (a)(2)(v) when the offense
25     is committed on or after the effective date of this
26     amendatory Act of the 95th General Assembly, (ii) reckless

 

 

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1     homicide as defined in subsection (e) of Section 9-3 of the
2     Criminal Code of 1961 when the offense is committed on or
3     after January 1, 1999, or aggravated driving under the
4     influence of alcohol, other drug or drugs, or intoxicating
5     compound or compounds, or any combination thereof as
6     defined in subparagraph (F) of paragraph (1) of subsection
7     (d) of Section 11-501 of the Illinois Vehicle Code, (iii)
8     one of the offenses enumerated in subdivision (a)(2.4) when
9     the offense is committed on or after July 15, 1999 (the
10     effective date of Public Act 91-121), or (iv) aggravated
11     arson when the offense is committed on or after July 27,
12     2001 (the effective date of Public Act 92-176).
13         (4) The rules and regulations shall also provide that
14     the good conduct credit accumulated and retained under
15     paragraph (2.1) of subsection (a) of this Section by any
16     inmate during specific periods of time in which such inmate
17     is engaged full-time in substance abuse programs,
18     correctional industry assignments, or educational programs
19     provided by the Department under this paragraph (4) and
20     satisfactorily completes the assigned program as
21     determined by the standards of the Department, shall be
22     multiplied by a factor of 1.25 for program participation
23     before August 11, 1993 and 1.50 for program participation
24     on or after that date. However, no inmate shall be eligible
25     for the additional good conduct credit under this paragraph
26     (4) or (4.1) of this subsection (a) while assigned to a

 

 

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1     boot camp or electronic detention, or if convicted of an
2     offense enumerated in subdivision (a)(2)(i), (ii), or
3     (iii) of this Section that is committed on or after June
4     19, 1998 or subdivision (a)(2)(iv) of this Section that is
5     committed on or after June 23, 2005 (the effective date of
6     Public Act 94-71) or subdivision (a)(2)(v) of this Section
7     that is committed on or after the effective date of this
8     amendatory Act of the 95th General Assembly, or if
9     convicted of reckless homicide as defined in subsection (e)
10     of Section 9-3 of the Criminal Code of 1961 if the offense
11     is committed on or after January 1, 1999, or aggravated
12     driving under the influence of alcohol, other drug or
13     drugs, or intoxicating compound or compounds, or any
14     combination thereof as defined in subparagraph (F) of
15     paragraph (1) of subsection (d) of Section 11-501 of the
16     Illinois Vehicle Code, or if convicted of an offense
17     enumerated in paragraph (a)(2.4) of this Section that is
18     committed on or after July 15, 1999 (the effective date of
19     Public Act 91-121), or first degree murder, a Class X
20     felony, criminal sexual assault, felony criminal sexual
21     abuse, aggravated criminal sexual abuse, aggravated
22     battery with a firearm, or any predecessor or successor
23     offenses with the same or substantially the same elements,
24     or any inchoate offenses relating to the foregoing
25     offenses. No inmate shall be eligible for the additional
26     good conduct credit under this paragraph (4) who (i) has

 

 

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1     previously received increased good conduct credit under
2     this paragraph (4) and has subsequently been convicted of a
3     felony, or (ii) has previously served more than one prior
4     sentence of imprisonment for a felony in an adult
5     correctional facility.
6         Educational, vocational, substance abuse and
7     correctional industry programs under which good conduct
8     credit may be increased under this paragraph (4) and
9     paragraph (4.1) of this subsection (a) shall be evaluated
10     by the Department on the basis of documented standards. The
11     Department shall report the results of these evaluations to
12     the Governor and the General Assembly by September 30th of
13     each year. The reports shall include data relating to the
14     recidivism rate among program participants.
15         Availability of these programs shall be subject to the
16     limits of fiscal resources appropriated by the General
17     Assembly for these purposes. Eligible inmates who are
18     denied immediate admission shall be placed on a waiting
19     list under criteria established by the Department. The
20     inability of any inmate to become engaged in any such
21     programs by reason of insufficient program resources or for
22     any other reason established under the rules and
23     regulations of the Department shall not be deemed a cause
24     of action under which the Department or any employee or
25     agent of the Department shall be liable for damages to the
26     inmate.

 

 

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1         (4.1) The rules and regulations shall also provide that
2     an additional 60 days of good conduct credit shall be
3     awarded to any prisoner who passes the high school level
4     Test of General Educational Development (GED) while the
5     prisoner is incarcerated. The good conduct credit awarded
6     under this paragraph (4.1) shall be in addition to, and
7     shall not affect, the award of good conduct under any other
8     paragraph of this Section, but shall also be pursuant to
9     the guidelines and restrictions set forth in paragraph (4)
10     of subsection (a) of this Section. The good conduct credit
11     provided for in this paragraph shall be available only to
12     those prisoners who have not previously earned a high
13     school diploma or a GED. If, after an award of the GED good
14     conduct credit has been made and the Department determines
15     that the prisoner was not eligible, then the award shall be
16     revoked.
17         (4.5) The rules and regulations on early release shall
18     also provide that when the court's sentencing order
19     recommends a prisoner for substance abuse treatment and the
20     crime was committed on or after September 1, 2003 (the
21     effective date of Public Act 93-354), the prisoner shall
22     receive no good conduct credit awarded under clause (3) of
23     this subsection (a) unless he or she participates in and
24     completes a substance abuse treatment program. The
25     Director may waive the requirement to participate in or
26     complete a substance abuse treatment program and award the

 

 

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1     good conduct credit in specific instances if the prisoner
2     is not a good candidate for a substance abuse treatment
3     program for medical, programming, or operational reasons.
4     Availability of substance abuse treatment shall be subject
5     to the limits of fiscal resources appropriated by the
6     General Assembly for these purposes. If treatment is not
7     available and the requirement to participate and complete
8     the treatment has not been waived by the Director, the
9     prisoner shall be placed on a waiting list under criteria
10     established by the Department. The Director may allow a
11     prisoner placed on a waiting list to participate in and
12     complete a substance abuse education class or attend
13     substance abuse self-help meetings in lieu of a substance
14     abuse treatment program. A prisoner on a waiting list who
15     is not placed in a substance abuse program prior to release
16     may be eligible for a waiver and receive good conduct
17     credit under clause (3) of this subsection (a) at the
18     discretion of the Director.
19         (5) Whenever the Department is to release any inmate
20     earlier than it otherwise would because of a grant of good
21     conduct credit for meritorious service given at any time
22     during the term, the Department shall give reasonable
23     advance notice of the impending release to the State's
24     Attorney of the county where the prosecution of the inmate
25     took place.
26     (b) Whenever a person is or has been committed under

 

 

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1 several convictions, with separate sentences, the sentences
2 shall be construed under Section 5-8-4 in granting and
3 forfeiting of good time.
4     (c) The Department shall prescribe rules and regulations
5 for revoking good conduct credit, or suspending or reducing the
6 rate of accumulation of good conduct credit for specific rule
7 violations, during imprisonment. These rules and regulations
8 shall provide that no inmate may be penalized more than one
9 year of good conduct credit for any one infraction.
10     When the Department seeks to revoke, suspend or reduce the
11 rate of accumulation of any good conduct credits for an alleged
12 infraction of its rules, it shall bring charges therefor
13 against the prisoner sought to be so deprived of good conduct
14 credits before the Prisoner Review Board as provided in
15 subparagraph (a)(4) of Section 3-3-2 of this Code, if the
16 amount of credit at issue exceeds 30 days or when during any 12
17 month period, the cumulative amount of credit revoked exceeds
18 30 days except where the infraction is committed or discovered
19 within 60 days of scheduled release. In those cases, the
20 Department of Corrections may revoke up to 30 days of good
21 conduct credit. The Board may subsequently approve the
22 revocation of additional good conduct credit, if the Department
23 seeks to revoke good conduct credit in excess of 30 days.
24 However, the Board shall not be empowered to review the
25 Department's decision with respect to the loss of 30 days of
26 good conduct credit within any calendar year for any prisoner

 

 

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1 or to increase any penalty beyond the length requested by the
2 Department.
3     The Director of the Department of Corrections, in
4 appropriate cases, may restore up to 30 days good conduct
5 credits which have been revoked, suspended or reduced. Any
6 restoration of good conduct credits in excess of 30 days shall
7 be subject to review by the Prisoner Review Board. However, the
8 Board may not restore good conduct credit in excess of the
9 amount requested by the Director.
10     Nothing contained in this Section shall prohibit the
11 Prisoner Review Board from ordering, pursuant to Section
12 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
13 sentence imposed by the court that was not served due to the
14 accumulation of good conduct credit.
15     (d) If a lawsuit is filed by a prisoner in an Illinois or
16 federal court against the State, the Department of Corrections,
17 or the Prisoner Review Board, or against any of their officers
18 or employees, and the court makes a specific finding that a
19 pleading, motion, or other paper filed by the prisoner is
20 frivolous, the Department of Corrections shall conduct a
21 hearing to revoke up to 180 days of good conduct credit by
22 bringing charges against the prisoner sought to be deprived of
23 the good conduct credits before the Prisoner Review Board as
24 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
25 If the prisoner has not accumulated 180 days of good conduct
26 credit at the time of the finding, then the Prisoner Review

 

 

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1 Board may revoke all good conduct credit accumulated by the
2 prisoner.
3     For purposes of this subsection (d):
4         (1) "Frivolous" means that a pleading, motion, or other
5     filing which purports to be a legal document filed by a
6     prisoner in his or her lawsuit meets any or all of the
7     following criteria:
8             (A) it lacks an arguable basis either in law or in
9         fact;
10             (B) it is being presented for any improper purpose,
11         such as to harass or to cause unnecessary delay or
12         needless increase in the cost of litigation;
13             (C) the claims, defenses, and other legal
14         contentions therein are not warranted by existing law
15         or by a nonfrivolous argument for the extension,
16         modification, or reversal of existing law or the
17         establishment of new law;
18             (D) the allegations and other factual contentions
19         do not have evidentiary support or, if specifically so
20         identified, are not likely to have evidentiary support
21         after a reasonable opportunity for further
22         investigation or discovery; or
23             (E) the denials of factual contentions are not
24         warranted on the evidence, or if specifically so
25         identified, are not reasonably based on a lack of
26         information or belief.

 

 

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1         (2) "Lawsuit" means a petition for post-conviction
2     relief under Article 122 of the Code of Criminal Procedure
3     of 1963, a motion pursuant to Section 116-3 of the Code of
4     Criminal Procedure of 1963, a habeas corpus action under
5     Article X of the Code of Civil Procedure or under federal
6     law (28 U.S.C. 2254), a petition for claim under the Court
7     of Claims Act or an action under the federal Civil Rights
8     Act (42 U.S.C. 1983).
9     (e) Nothing in Public Act 90-592 or 90-593 affects the
10 validity of Public Act 89-404.
11 (Source: P.A. 93-213, eff. 7-18-03; 93-354, eff. 9-1-03; 94-71,
12 eff. 6-23-05; 94-128, eff. 7-7-05; 94-156, eff. 7-8-05; 94-398,
13 eff. 8-2-05; 94-491, eff. 8-8-05; 94-744, eff. 5-8-06.)
 
14     Section 15. The Sex Offender Registration Act is amended by
15 changing Section 2 as follows:
 
16     (730 ILCS 150/2)  (from Ch. 38, par. 222)
17     Sec. 2. Definitions.
18     (A) As used in this Article, "sex offender" means any
19 person who is:
20         (1) charged pursuant to Illinois law, or any
21     substantially similar federal, Uniform Code of Military
22     Justice, sister state, or foreign country law, with a sex
23     offense set forth in subsection (B) of this Section or the
24     attempt to commit an included sex offense, and:

 

 

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

 

 

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1         offense; or
2         (2) certified as a sexually dangerous person pursuant
3     to the Illinois Sexually Dangerous Persons Act, or any
4     substantially similar federal, Uniform Code of Military
5     Justice, sister state, or foreign country law; or
6         (3) subject to the provisions of Section 2 of the
7     Interstate Agreements on Sexually Dangerous Persons Act;
8     or
9         (4) found to be a sexually violent person pursuant to
10     the Sexually Violent Persons Commitment Act or any
11     substantially similar federal, Uniform Code of Military
12     Justice, sister state, or foreign country law; or
13         (5) adjudicated a juvenile delinquent as the result of
14     committing or attempting to commit an act which, if
15     committed by an adult, would constitute any of the offenses
16     specified in item (B), (C), or (C-5) of this Section or a
17     violation of any substantially similar federal, Uniform
18     Code of Military Justice, sister state, or foreign country
19     law, or found guilty under Article V of the Juvenile Court
20     Act of 1987 of committing or attempting to commit an act
21     which, if committed by an adult, would constitute any of
22     the offenses specified in item (B), (C), or (C-5) of this
23     Section or a violation of any substantially similar
24     federal, Uniform Code of Military Justice, sister state, or
25     foreign country law.
26     Convictions that result from or are connected with the same

 

 

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1 act, or result from offenses committed at the same time, shall
2 be counted for the purpose of this Article as one conviction.
3 Any conviction set aside pursuant to law is not a conviction
4 for purposes of this Article.
5      For purposes of this Section, "convicted" shall have the
6 same meaning as "adjudicated". For the purposes of this
7 Article, a person who is defined as a sex offender as a result
8 of being adjudicated a juvenile delinquent under paragraph (5)
9 of this subsection (A) upon attaining 17 years of age shall be
10 considered as having committed the sex offense on or after the
11 sex offender's 17th birthday. Registration of juveniles upon
12 attaining 17 years of age shall not extend the original
13 registration of 10 years from the date of conviction.
14     (B) As used in this Article, "sex offense" means:
15         (1) A violation of any of the following Sections of the
16     Criminal Code of 1961:
17             11-20.1 (child pornography),
18             11-6 (indecent solicitation of a child),
19             11-9.1 (sexual exploitation of a child),
20             11-9.2 (custodial sexual misconduct),
21             11-9.5 (sexual misconduct with a person with a
22         disability),
23             11-15.1 (soliciting for a juvenile prostitute),
24             11-18.1 (patronizing a juvenile prostitute),
25             11-17.1 (keeping a place of juvenile
26         prostitution),

 

 

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1             11-19.1 (juvenile pimping),
2             11-19.2 (exploitation of a child),
3             12-13 (criminal sexual assault),
4             12-14 (aggravated criminal sexual assault),
5             12-14.1 (predatory criminal sexual assault of a
6         child),
7             12-15 (criminal sexual abuse),
8             12-16 (aggravated criminal sexual abuse),
9             12-33 (ritualized abuse of a child).
10             An attempt to commit any of these offenses.
11         (1.5) A violation of any of the following Sections of
12     the Criminal Code of 1961, when the victim is a person
13     under 18 years of age, the defendant is not a parent of the
14     victim, the offense was sexually motivated as defined in
15     Section 10 of the Sex Offender Management Board Act, and
16     the offense was committed on or after January 1, 1996:
17             10-1 (kidnapping),
18             10-2 (aggravated kidnapping),
19             10-3 (unlawful restraint),
20             10-3.1 (aggravated unlawful restraint).
21         (1.6) First degree murder under Section 9-1 of the
22     Criminal Code of 1961, when the victim was a person under
23     18 years of age and the defendant was at least 17 years of
24     age at the time of the commission of the offense, provided
25     the offense was sexually motivated as defined in Section 10
26     of the Sex Offender Management Board Act.

 

 

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1         (1.7) (Blank).
2         (1.8) A violation or attempted violation of Section
3     11-11 (sexual relations within families) of the Criminal
4     Code of 1961, and the offense was committed on or after
5     June 1, 1997.
6         (1.9) Child abduction under paragraph (10) of
7     subsection (b) of Section 10-5 of the Criminal Code of 1961
8     committed by luring or attempting to lure a child under the
9     age of 16 into a motor vehicle, building, house trailer, or
10     dwelling place without the consent of the parent or lawful
11     custodian of the child for other than a lawful purpose and
12     the offense was committed on or after January 1, 1998,
13     provided the offense was sexually motivated as defined in
14     Section 10 of the Sex Offender Management Board Act.
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             11-15 (soliciting for a prostitute, if the victim
24         is under 18 years of age),
25             11-16 (pandering, if the victim is under 18 years
26         of age),

 

 

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1             11-18 (patronizing a prostitute, if the victim is
2         under 18 years of age),
3             11-19 (pimping, if the victim is under 18 years of
4         age).
5         (1.11) A violation or attempted violation of any of the
6     following Sections of the Criminal Code of 1961 when the
7     offense was committed on or after August 22, 2002:
8             11-9 (public indecency for a third or subsequent
9         conviction).
10         (1.12) A violation or attempted violation of Section
11     5.1 of the Wrongs to Children Act (permitting sexual abuse)
12     when the offense was committed on or after August 22, 2002.
13         (2) A violation of any former law of this State
14     substantially equivalent to any offense listed in
15     subsection (B) of this Section.
16     (C) A conviction for an offense of federal law, Uniform
17 Code of Military Justice, or the law of another state or a
18 foreign country that is substantially equivalent to any offense
19 listed in subsections (B), (C), and (E) of this Section shall
20 constitute a conviction for the purpose of this Article. A
21 finding or adjudication as a sexually dangerous person or a
22 sexually violent person under any federal law, Uniform Code of
23 Military Justice, or the law of another state or foreign
24 country that is substantially equivalent to the Sexually
25 Dangerous Persons Act or the Sexually Violent Persons
26 Commitment Act shall constitute an adjudication for the

 

 

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1 purposes of this Article.
2     (C-5) A person at least 17 years of age at the time of the
3 commission of the offense who is convicted of first degree
4 murder under Section 9-1 of the Criminal Code of 1961, against
5 a person under 18 years of age, shall be required to register
6 for natural life. A conviction for an offense of federal,
7 Uniform Code of Military Justice, sister state, or foreign
8 country law that is substantially equivalent to any offense
9 listed in subsection (C-5) of this Section shall constitute a
10 conviction for the purpose of this Article. This subsection
11 (C-5) applies to a person who committed the offense before June
12 1, 1996 only if the person is incarcerated in an Illinois
13 Department of Corrections facility on August 20, 2004 (the
14 effective date of Public Act 93-977).
15     (D) As used in this Article, "law enforcement agency having
16 jurisdiction" means the Chief of Police in each of the
17 municipalities in which the sex offender expects to reside,
18 work, or attend school (1) upon his or her discharge, parole or
19 release or (2) during the service of his or her sentence of
20 probation or conditional discharge, or the Sheriff of the
21 county, in the event no Police Chief exists or if the offender
22 intends to reside, work, or attend school in an unincorporated
23 area. "Law enforcement agency having jurisdiction" includes
24 the location where out-of-state students attend school and
25 where out-of-state employees are employed or are otherwise
26 required to register.

 

 

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1     (D-1) As used in this Article, "supervising officer" means
2 the assigned Illinois Department of Corrections parole agent or
3 county probation officer.
4     (E) As used in this Article, "sexual predator" means any
5 person who, after July 1, 1999, is:
6         (1) Convicted for an offense of federal, Uniform Code
7     of Military Justice, sister state, or foreign country law
8     that is substantially equivalent to any offense listed in
9     subsection (E) of this Section shall constitute a
10     conviction for the purpose of this Article. Convicted of a
11     violation or attempted violation of any of the following
12     Sections of the Criminal Code of 1961, if the conviction
13     occurred after July 1, 1999:
14             
15             11-17.1 (keeping a place of juvenile
16         prostitution),
17             11-19.1 (juvenile pimping),
18             11-19.2 (exploitation of a child),
19             11-20.1 (child pornography),
20             12-13 (criminal sexual assault),
21             12-14 (aggravated criminal sexual assault),
22             12-14.1 (predatory criminal sexual assault of a
23         child),
24             12-16 (aggravated criminal sexual abuse),
25             12-33 (ritualized abuse of a child); or
26         (2) (blank); or

 

 

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1         (3) certified as a sexually dangerous person pursuant
2     to the Sexually Dangerous Persons Act or any substantially
3     similar federal, Uniform Code of Military Justice, sister
4     state, or foreign country law; or
5         (4) found to be a sexually violent person pursuant to
6     the Sexually Violent Persons Commitment Act or any
7     substantially similar federal, Uniform Code of Military
8     Justice, sister state, or foreign country law; or
9         (5) convicted of a second or subsequent offense which
10     requires registration pursuant to this Act. The conviction
11     for the second or subsequent offense must have occurred
12     after July 1, 1999. For purposes of this paragraph (5),
13     "convicted" shall include a conviction under any
14     substantially similar Illinois, federal, Uniform Code of
15     Military Justice, sister state, or foreign country law; or
16     .
17         (6) convicted of a second or subsequent offense of
18     luring a minor under Section 10-5.1 of the Criminal Code of
19     1961.
20     (F) As used in this Article, "out-of-state student" means
21 any sex offender, as defined in this Section, or sexual
22 predator who is enrolled in Illinois, on a full-time or
23 part-time basis, in any public or private educational
24 institution, including, but not limited to, any secondary
25 school, trade or professional institution, or institution of
26 higher learning.

 

 

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1     (G) As used in this Article, "out-of-state employee" means
2 any sex offender, as defined in this Section, or sexual
3 predator who works in Illinois, regardless of whether the
4 individual receives payment for services performed, for a
5 period of time of 10 or more days or for an aggregate period of
6 time of 30 or more days during any calendar year. Persons who
7 operate motor vehicles in the State accrue one day of
8 employment time for any portion of a day spent in Illinois.
9     (H) As used in this Article, "school" means any public or
10 private educational institution, including, but not limited
11 to, any elementary or secondary school, trade or professional
12 institution, or institution of higher education.
13     (I) As used in this Article, "fixed residence" means any
14 and all places that a sex offender resides for an aggregate
15 period of time of 5 or more days in a calendar year.
16 (Source: P.A. 93-977, eff. 8-20-04; 93-979, eff. 8-20-04;
17 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-945, eff. 6-27-06;
18 94-1053, eff. 7-24-06; revised 8-3-06.)

 

 

HB1979 Enrolled - 31 - LRB095 09506 RLC 29704 b

1 INDEX
2 Statutes amended in order of appearance
3     720 ILCS 5/10-5 from Ch. 38, par. 10-5
4     720 ILCS 5/10-5.1 new
5     730 ILCS 5/3-6-3 from Ch. 38, par. 1003-6-3
6     730 ILCS 150/2 from Ch. 38, par. 222