Full Text of HB0040 95th General Assembly
HB0040 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0040
Introduced 1/19/2007, by Rep. Tom Cross - Joe Dunn - Brent Hassert - James H. Meyer - Ed Sullivan, Jr., et al. SYNOPSIS AS INTRODUCED: |
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730 ILCS 150/2 |
from Ch. 38, par. 222 |
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Amends the Sex Offender Registration Act. Includes, in the definition of "sex offense", distributing harmful material to a minor.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0040 |
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LRB095 03733 RLC 23760 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Sex Offender Registration Act is amended by | 5 |
| changing Section 2 as follows:
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| (730 ILCS 150/2) (from Ch. 38, par. 222)
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| Sec. 2. Definitions.
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| (A) As used in this Article, "sex offender" means any | 9 |
| person who is:
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| (1) charged pursuant to Illinois law, or any | 11 |
| substantially similar
federal, Uniform Code of Military | 12 |
| Justice, sister state, or foreign country
law,
with a sex | 13 |
| offense set forth
in subsection (B) of this Section or the | 14 |
| attempt to commit an included sex
offense, and:
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| (a) is convicted of such offense or an attempt to | 16 |
| commit such offense;
or
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| (b) is found not guilty by reason of insanity of | 18 |
| such offense or an
attempt to commit such offense; or
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| (c) is found not guilty by reason of insanity | 20 |
| pursuant to Section
104-25(c) of the Code of Criminal | 21 |
| Procedure of 1963 of such offense or an
attempt to | 22 |
| commit such offense; or
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| (d) is the subject of a finding not resulting in an |
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HB0040 |
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LRB095 03733 RLC 23760 b |
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| acquittal at a
hearing conducted pursuant to Section | 2 |
| 104-25(a) of the Code of Criminal
Procedure of 1963 for | 3 |
| the alleged commission or attempted commission of such
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| offense; or
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| (e) is found not guilty by reason of insanity | 6 |
| following a hearing
conducted pursuant to a federal, | 7 |
| Uniform Code of Military Justice, sister
state, or | 8 |
| foreign country law
substantially similar to Section | 9 |
| 104-25(c) of the Code of Criminal Procedure
of 1963 of | 10 |
| such offense or of the attempted commission of such | 11 |
| offense; or
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| (f) is the subject of a finding not resulting in an | 13 |
| acquittal at a
hearing conducted pursuant to a federal, | 14 |
| Uniform Code of Military Justice,
sister state, or | 15 |
| foreign country law
substantially similar to Section | 16 |
| 104-25(a) of the Code of Criminal Procedure
of 1963 for | 17 |
| the alleged violation or attempted commission of such | 18 |
| offense;
or
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| (2) certified as a sexually dangerous person pursuant | 20 |
| to the Illinois
Sexually Dangerous Persons Act, or any | 21 |
| substantially similar federal, Uniform
Code of Military | 22 |
| Justice, sister
state, or foreign country law; or
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| (3) subject to the provisions of Section 2 of the | 24 |
| Interstate
Agreements on Sexually Dangerous Persons Act; | 25 |
| or
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| (4) found to be a sexually violent person pursuant to |
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HB0040 |
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LRB095 03733 RLC 23760 b |
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| the Sexually
Violent Persons Commitment Act or any | 2 |
| substantially similar federal, Uniform
Code of Military | 3 |
| Justice, sister
state, or foreign country law; or
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| (5) adjudicated a juvenile delinquent as the result of | 5 |
| committing or
attempting to commit an act which, if | 6 |
| committed by an adult, would constitute
any of the offenses | 7 |
| specified in item (B), (C), or (C-5) of this Section or a
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| violation of any substantially similar federal, Uniform | 9 |
| Code of Military
Justice, sister state, or foreign
country | 10 |
| law, or found guilty under Article V of the Juvenile Court | 11 |
| Act of 1987
of committing or attempting to commit an act | 12 |
| which, if committed by an adult,
would constitute any of | 13 |
| the offenses specified in item (B), (C), or (C-5) of
this | 14 |
| Section or a violation of any substantially similar | 15 |
| federal, Uniform Code
of Military Justice, sister state,
or | 16 |
| foreign country law.
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| Convictions that result from or are connected with the same | 18 |
| act, or result
from offenses committed at the same time, shall | 19 |
| be counted for the purpose of
this Article as one conviction. | 20 |
| Any conviction set aside pursuant to law is
not a conviction | 21 |
| for purposes of this Article.
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For purposes of this Section, "convicted" shall have the | 23 |
| same meaning as
"adjudicated". For the purposes of this | 24 |
| Article, a person who is defined as a sex offender as a result | 25 |
| of being adjudicated a juvenile delinquent under paragraph (5) | 26 |
| of this subsection (A) upon attaining 17 years of age shall be |
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LRB095 03733 RLC 23760 b |
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| considered as having committed the sex offense on or after the | 2 |
| sex offender's 17th birthday. Registration of juveniles upon | 3 |
| attaining 17 years of age shall not extend the original | 4 |
| registration of 10 years from the date of conviction.
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| (B) As used in this Article, "sex offense" means:
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| (1) A violation of any of the following Sections of the | 7 |
| Criminal Code of
1961:
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| 11-20.1 (child pornography),
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| 11-6 (indecent solicitation of a child),
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| 11-9.1 (sexual exploitation of a child),
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| 11-9.2 (custodial sexual misconduct),
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| 11-9.5 (sexual misconduct with a person with a | 13 |
| disability),
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| 11-15.1 (soliciting for a juvenile prostitute),
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| 11-18.1 (patronizing a juvenile prostitute),
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| 11-17.1 (keeping a place of juvenile | 17 |
| prostitution),
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| 11-19.1 (juvenile pimping),
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| 11-19.2 (exploitation of a child),
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| 11-21 (distributing harmful material to a minor),
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| 12-13 (criminal sexual assault),
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| 12-14 (aggravated criminal sexual assault),
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| 12-14.1 (predatory criminal sexual assault of a | 24 |
| child),
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| 12-15 (criminal sexual abuse),
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| 12-16 (aggravated criminal sexual abuse),
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| 12-33 (ritualized abuse of a child).
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| An attempt to commit any of these offenses.
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| (1.5)
A violation of any of the following Sections of | 4 |
| the
Criminal Code of 1961, when the victim is a person | 5 |
| under 18 years of age, the
defendant is not a parent of the | 6 |
| victim, the offense was sexually motivated as defined in | 7 |
| Section 10 of the Sex Offender Management Board Act, and | 8 |
| the offense was committed on or
after January 1, 1996:
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| 10-1 (kidnapping),
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| 10-2 (aggravated kidnapping),
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| 10-3 (unlawful restraint),
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| 10-3.1 (aggravated unlawful restraint).
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| (1.6)
First degree murder under Section 9-1 of the | 14 |
| Criminal Code of 1961,
when the victim was a person under | 15 |
| 18 years of age and the defendant was at least
17 years of | 16 |
| age at the time of the commission of the offense, provided | 17 |
| the offense was sexually motivated as defined in Section 10 | 18 |
| of the Sex Offender Management Board Act.
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| (1.7) (Blank).
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| (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
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| June 1, 1997.
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| (1.9) Child abduction under paragraph (10) of | 25 |
| subsection
(b) of Section 10-5 of the Criminal Code of 1961 | 26 |
| committed by luring or
attempting to lure a child under the |
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| age of 16 into a motor vehicle, building,
house trailer, or | 2 |
| dwelling place without the consent of the parent or lawful
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| custodian of the child for other than a lawful purpose and | 4 |
| the offense was
committed on or after January 1, 1998, | 5 |
| provided the offense was sexually motivated as defined in | 6 |
| Section 10 of the Sex Offender Management Board Act.
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| (1.10) A violation or attempted violation of any of the | 8 |
| following Sections
of the Criminal Code of 1961 when the | 9 |
| offense was committed on or after July
1, 1999:
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| 10-4 (forcible detention, if the victim is under 18 | 11 |
| years of age), provided the offense was sexually | 12 |
| motivated as defined in Section 10 of the Sex Offender | 13 |
| Management Board Act,
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| 11-6.5 (indecent solicitation of an adult),
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| 11-15 (soliciting for a prostitute, if the victim | 16 |
| is under 18 years
of age),
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| 11-16 (pandering, if the victim is under 18 years | 18 |
| of age),
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| 11-18 (patronizing a prostitute, if the victim is | 20 |
| under 18 years
of age),
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| 11-19 (pimping, if the victim is under 18 years of | 22 |
| age).
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| (1.11) A violation or attempted violation of any of the | 24 |
| following
Sections of the Criminal Code of 1961 when the | 25 |
| offense was committed on or
after August 22, 2002:
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| 11-9 (public indecency for a third or subsequent |
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LRB095 03733 RLC 23760 b |
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| conviction).
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| (1.12) A violation or attempted violation of Section
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| 5.1 of the Wrongs to Children Act (permitting sexual abuse) | 4 |
| when the
offense was committed on or after August 22, 2002.
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| (2) A violation of any former law of this State | 6 |
| substantially equivalent
to any offense listed in | 7 |
| subsection (B) of this Section.
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| (C) A conviction for an offense of federal law, Uniform | 9 |
| Code of Military
Justice, or the law of another state
or a | 10 |
| foreign country that is substantially equivalent to any offense | 11 |
| listed
in subsections (B), (C), and (E) of this Section shall
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| constitute a
conviction for the purpose
of this Article. A | 13 |
| finding or adjudication as a sexually dangerous person
or a | 14 |
| sexually violent person under any federal law, Uniform Code of | 15 |
| Military
Justice, or the law of another state or
foreign | 16 |
| country that is substantially equivalent to the Sexually | 17 |
| Dangerous
Persons Act or the Sexually Violent Persons | 18 |
| Commitment Act shall constitute an
adjudication for the | 19 |
| purposes of this Article.
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| (C-5) A person at least 17 years of age at the time of the | 21 |
| commission of
the offense who is convicted of first degree | 22 |
| murder under Section 9-1 of the
Criminal Code of 1961, against | 23 |
| a person
under 18 years of age, shall be required to register
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| for natural life.
A conviction for an offense of federal, | 25 |
| Uniform Code of Military Justice,
sister state, or foreign | 26 |
| country law that is substantially equivalent to any
offense |
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LRB095 03733 RLC 23760 b |
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| listed in subsection (C-5) of this Section shall constitute a
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| conviction for the purpose of this Article. This subsection | 3 |
| (C-5) applies to a person who committed the offense before June | 4 |
| 1, 1996 only if the person is incarcerated in an Illinois | 5 |
| Department of Corrections facility on August 20, 2004 (the | 6 |
| effective date of Public Act 93-977).
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| (D) As used in this Article, "law enforcement agency having | 8 |
| jurisdiction"
means the Chief of Police in each of the | 9 |
| municipalities in which the sex offender
expects to reside, | 10 |
| work, or attend school (1) upon his or her discharge,
parole or | 11 |
| release or
(2) during the service of his or her sentence of | 12 |
| probation or conditional
discharge, or the Sheriff of the | 13 |
| county, in the event no Police Chief exists
or if the offender | 14 |
| intends to reside, work, or attend school in an
unincorporated | 15 |
| area.
"Law enforcement agency having jurisdiction" includes | 16 |
| the location where
out-of-state students attend school and | 17 |
| where out-of-state employees are
employed or are otherwise | 18 |
| required to register.
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| (D-1) As used in this Article, "supervising officer" means | 20 |
| the assigned Illinois Department of Corrections parole agent or | 21 |
| county probation officer. | 22 |
| (E) As used in this Article, "sexual predator" means any | 23 |
| person who,
after July 1, 1999, is:
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| (1) Convicted for an offense of federal, Uniform Code | 25 |
| of Military
Justice, sister state, or foreign country law | 26 |
| that is substantially equivalent
to any offense listed in |
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LRB095 03733 RLC 23760 b |
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| subsection (E) of this Section shall constitute a
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| conviction for the purpose of this Article.
Convicted of a | 3 |
| violation or attempted violation of any of the following
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| Sections of the
Criminal Code of 1961, if the conviction | 5 |
| occurred after July
1, 1999:
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| 11-17.1 (keeping a place of juvenile | 7 |
| prostitution),
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| 11-19.1 (juvenile pimping),
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| 11-19.2 (exploitation of a child),
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| 11-20.1 (child pornography),
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| 12-13 (criminal sexual assault),
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| 12-14 (aggravated criminal sexual assault),
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| 12-14.1 (predatory criminal sexual assault of a | 14 |
| child),
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| 12-16 (aggravated criminal sexual abuse),
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| 12-33 (ritualized abuse of a child); or
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| (2) (blank); or
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| (3) certified as a sexually dangerous person pursuant | 19 |
| to the Sexually
Dangerous Persons Act or any substantially | 20 |
| similar federal, Uniform Code of
Military Justice, sister | 21 |
| state, or
foreign country law; or
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| (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
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| (5) convicted of a second or subsequent offense which |
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LRB095 03733 RLC 23760 b |
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| requires
registration pursuant to this Act. The conviction | 2 |
| for the second or subsequent
offense must have occurred | 3 |
| after July 1, 1999. For purposes of this paragraph
(5), | 4 |
| "convicted" shall include a conviction under any
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| substantially similar
Illinois, federal, Uniform Code of | 6 |
| Military Justice, sister state, or
foreign country law.
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| (F) As used in this Article, "out-of-state student" means | 8 |
| any sex
offender, as defined in this Section,
or sexual | 9 |
| predator who is enrolled in Illinois, on a full-time or | 10 |
| part-time
basis, in any public or private educational | 11 |
| institution, including, but not
limited to, any secondary | 12 |
| school, trade or professional institution, or
institution of | 13 |
| higher learning.
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| (G) As used in this Article, "out-of-state employee" means | 15 |
| any sex
offender, as defined in this Section,
or sexual | 16 |
| predator who works in Illinois, regardless of whether the | 17 |
| individual
receives payment for services performed, for a | 18 |
| period of time of 10 or more days
or for an aggregate period of | 19 |
| time of 30 or more days
during any calendar year.
Persons who | 20 |
| operate motor vehicles in the State accrue one day of | 21 |
| employment
time for any portion of a day spent in Illinois.
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| (H) As used in this Article, "school" means any public or | 23 |
| private educational institution, including, but not limited | 24 |
| to, any elementary or secondary school, trade or professional | 25 |
| institution, or institution of higher education. | 26 |
| (I) As used in this Article, "fixed residence" means any |
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| and all places that a sex offender resides for an aggregate | 2 |
| period of time of 5 or more days in a calendar year.
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| (Source: P.A. 93-977, eff. 8-20-04; 93-979, eff. 8-20-04; | 4 |
| 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-945, eff. 6-27-06; | 5 |
| 94-1053, eff. 7-24-06; revised 8-3-06.)
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