HB3801ham002 94TH GENERAL ASSEMBLY

Rep. Robin Kelly

Filed: 4/8/2005

09400HB3801ham002 LRB094 03494 RAS 44221 a

AMENDMENT TO HOUSE BILL 3801

AMENDMENT NO. ______. Amend House Bill 3801, AS AMENDED, with reference to page and line numbers of House Amendment No. 1, on page 1, by replacing lines 6 through 8 with the following:

"Section 5. Definitions. In this Act:

"Sex offender" means any person:

(1) who is charged pursuant to Illinois law, or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law, with any of the following sex offenses set forth in the Criminal Code of 1961:

(A) indecent solicitation of a child;

(B) sexual exploitation of a child;

(C) custodial sexual misconduct;

(D) prostitution;

(E) soliciting for a juvenile prostitute;

(F) keeping a place of prostitution;

(G) keeping a place of juvenile prostitution;

(H) patronizing a juvenile prostitute;

(I) pimping;

(J) juvenile pimping;

(K) aggravated juvenile pimping;

(L) exploitation of a child; or

(M) child pornography;

and who is:

(A) convicted of such offense or an attempt to commit such offense;

(B) found not guilty by reason of insanity of such offense or an attempt to commit such offense;

(C) found not guilty by reason of insanity pursuant to subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 of such offense or an attempt to commit such offense;

(D) the subject of a finding not resulting in an acquittal at a hearing conducted pursuant to subsection (a) of Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged commission or attempted commission of such offense;

(E) found not guilty by reason of insanity following a hearing conducted pursuant to a federal, Uniform Code of Military Justice, sister state, or foreign country law substantially similar to subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 of such offense or of the attempted commission of such offense; or

(F) the subject of a finding not resulting in an acquittal at a hearing conducted pursuant to a federal, Uniform Code of Military Justice, sister state, or foreign country law substantially similar to subsection (a) of Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged violation or attempted commission of such offense;

(2) who is certified as a sexually dangerous person pursuant to the Sexually Dangerous Persons Act or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law;

(3) who is subject to the provisions of Section 2 of the Interstate Agreements on Sexually Dangerous Persons Act;

(4) who is found to be a sexually violent person pursuant to the Sexually Violent Persons Commitment Act or any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law; or

(5) who is adjudicated a juvenile delinquent as the result of committing or attempting to commit an act that, if committed by an adult, would constitute any of the sex offenses set forth in subdivision (1) of this Section or a violation of any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law or found guilty under Article V of the Juvenile Court Act of 1987 of committing or attempting to commit an act that, if committed by an adult, would constitute any of the offenses set forth in subdivision (1) of this Section or a violation of any substantially similar federal, Uniform Code of Military Justice, sister state, or foreign country law.

Any conviction set aside pursuant to law is not a conviction for purposes of this definition.

"Violent felony" means any of the following offenses, as defined by the Criminal Code of 1961:

(1) First degree murder.

(2) Second degree murder.

(3) Aggravated arson.

(4) Aggravated kidnapping.

(5) Aggravated battery resulting in great bodily harm or permanent disability or disfigurement.".