SB0697eng 95TH GENERAL ASSEMBLY



 


 
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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 11-20.1A and by adding Section 11-20.3 as follows:
 
6     (720 ILCS 5/11-20.1A)  (from Ch. 38, par. 11-20.1A)
7     Sec. 11-20.1A. Forfeitures.
8     (a) A person who commits the offense of keeping a place of
9 juvenile prostitution, exploitation of a child, or child
10 pornography under Section 11-17.1, 11-19.2, or 11-20.1, or
11 11-20.3 of this Code shall forfeit to the State of Illinois:
12         (1) Any profits or proceeds and any interest or
13     property he or she has acquired or maintained in violation
14     of Section 11-17.1, 11-19.2, or 11-20.1, or 11-20.3 of this
15     Code that the sentencing court determines, after a
16     forfeiture hearing, to have been acquired or maintained as
17     a result of keeping a place of juvenile prostitution,
18     exploitation of a child, or child pornography, or
19     aggravated child pornography.
20         (2) Any interest in, security of, claim against, or
21     property or contractual right of any kind affording a
22     source of influence over any enterprise that he or she has
23     established, operated, controlled, or conducted in

 

 

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1     violation of Section 11-17.1, 11-19.2, or 11-20.1, or
2     11-20.3 of this Code that the sentencing court determines,
3     after a forfeiture hearing, to have been acquired or
4     maintained as a result of keeping a place of juvenile
5     prostitution, exploitation of a child, or child
6     pornography, or aggravated child pornography.
7         (3) Any computer that contains a depiction of child
8     pornography in any encoded or decoded format in violation
9     of Section 11-20.1 of this Code. For purposes of this
10     paragraph (3), "computer" has the meaning ascribed to it in
11     Section 16D-2 of this Code.
12     (b) (1) The court shall, upon petition by the Attorney
13     General or State's Attorney at any time following
14     sentencing, conduct a hearing to determine whether any
15     property or property interest is subject to forfeiture
16     under this Section. At the forfeiture hearing the people
17     shall have the burden of establishing, by a preponderance
18     of the evidence, that property or property interests are
19     subject to forfeiture under this Section.
20         (2) In any action brought by the People of the State of
21     Illinois under this Section, wherein any restraining
22     order, injunction or prohibition or any other action in
23     connection with any property or interest subject to
24     forfeiture under this Section is sought, the circuit court
25     presiding over the trial of the person or persons charged
26     with keeping a place of juvenile prostitution,

 

 

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1     exploitation of a child or child pornography shall first
2     determine whether there is probable cause to believe that
3     the person or persons so charged have committed the offense
4     of keeping a place of juvenile prostitution, exploitation
5     of a child or child pornography and whether the property or
6     interest is subject to forfeiture pursuant to this Section.
7     In order to make such a determination, prior to entering
8     any such order, the court shall conduct a hearing without a
9     jury, wherein the People shall establish that there is: (i)
10     probable cause that the person or persons so charged have
11     committed the offense of keeping a place of juvenile
12     prostitution, exploitation of a child or child pornography
13     and (ii) probable cause that any property or interest may
14     be subject to forfeiture pursuant to this Section. Such
15     hearing may be conducted simultaneously with a preliminary
16     hearing, if the prosecution is commenced by information or
17     complaint, or by motion of the People, at any stage in the
18     proceedings. The court may accept a finding of probable
19     cause at a preliminary hearing following the filing of an
20     information charging the offense of keeping a place of
21     juvenile prostitution, exploitation of a child or child
22     pornography or the return of an indictment by a grand jury
23     charging the offense of keeping a place of juvenile
24     prostitution, exploitation of a child or child pornography
25     as sufficient evidence of probable cause as provided in
26     item (i) above. Upon such a finding, the circuit court

 

 

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1     shall enter such restraining order, injunction or
2     prohibition, or shall take such other action in connection
3     with any such property or other interest subject to
4     forfeiture, as is necessary to insure that such property is
5     not removed from the jurisdiction of the court, concealed,
6     destroyed or otherwise disposed of by the owner of that
7     property or interest prior to a forfeiture hearing under
8     this Section. The Attorney General or State's Attorney
9     shall file a certified copy of such restraining order,
10     injunction or other prohibition with the recorder of deeds
11     or registrar of titles of each county where any such
12     property of the defendant may be located. No such
13     injunction, restraining order or other prohibition shall
14     affect the rights of any bona fide purchaser, mortgagee,
15     judgment creditor or other lienholder arising prior to the
16     date of such filing. The court may, at any time, upon
17     verified petition by the defendant or an innocent owner or
18     innocent bona fide third party lienholder who neither had
19     knowledge of, nor consented to, the illegal act or
20     omission, conduct a hearing to release all or portions of
21     any such property or interest which the court previously
22     determined to be subject to forfeiture or subject to any
23     restraining order, injunction, or prohibition or other
24     action. The court may release such property to the
25     defendant or innocent owner or innocent bona fide third
26     party lienholder who neither had knowledge of, nor

 

 

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1     consented to, the illegal act or omission for good cause
2     shown and within the sound discretion of the court.
3         A forfeiture under this Section may be commenced by the
4     Attorney General or a State's Attorney.
5         (3) Upon conviction of a person of keeping a place of
6     juvenile prostitution, exploitation of a child or child
7     pornography, the court shall authorize the Attorney
8     General to seize all property or other interest declared
9     forfeited under this Section upon such terms and conditions
10     as the court shall deem proper.
11         (4) The Attorney General is authorized to sell all
12     property forfeited and seized pursuant to this Section,
13     unless such property is required by law to be destroyed or
14     is harmful to the public, and, after the deduction of all
15     requisite expenses of administration and sale, shall
16     distribute the proceeds of such sale, along with any moneys
17     forfeited or seized, in accordance with subsection (c) of
18     this Section.
19     (c) All monies forfeited and the sale proceeds of all other
20 property forfeited and seized under this Section shall be
21 distributed as follows:
22         (1) One-half shall be divided equally among all State
23     agencies and units of local government whose officers or
24     employees conducted the investigation which resulted in
25     the forfeiture; and
26         (2) One-half shall be deposited in the Violent Crime

 

 

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1     Victims Assistance Fund.
2 (Source: P.A. 91-229, eff. 1-1-00; 92-175, eff. 1-1-02.)
 
3     (720 ILCS 5/11-20.3 new)
4     Sec. 11-20.3. Aggravated child pornography.
5     (a) A person commits the offense of aggravated child
6 pornography who:
7         (1) films, videotapes, photographs, or otherwise
8     depicts or portrays by means of any similar visual medium
9     or reproduction or depicts by computer any child whom he or
10     she knows or reasonably should know to be under the age of
11     13 years where such child is:
12             (i) actually or by simulation engaged in any act of
13         sexual penetration or sexual conduct with any person or
14         animal; or
15             (ii) actually or by simulation engaged in any act
16         of sexual penetration or sexual conduct involving the
17         sex organs of the child and the mouth, anus, or sex
18         organs of another person or animal; or which involves
19         the mouth, anus or sex organs of the child and the sex
20         organs of another person or animal; or
21             (iii) actually or by simulation engaged in any act
22         of masturbation; or
23             (iv) actually or by simulation portrayed as being
24         the object of, or otherwise engaged in, any act of lewd
25         fondling, touching, or caressing involving another

 

 

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1         person or animal; or
2             (v) actually or by simulation engaged in any act of
3         excretion or urination within a sexual context; or
4             (vi) actually or by simulation portrayed or
5         depicted as bound, fettered, or subject to sadistic,
6         masochistic, or sadomasochistic abuse in any sexual
7         context; or
8             (vii) depicted or portrayed in any pose, posture or
9         setting involving a lewd exhibition of the unclothed or
10         transparently clothed genitals, pubic area, buttocks,
11         or, if such person is female, a fully or partially
12         developed breast of the child or other person; or
13         (2) with the knowledge of the nature or content
14     thereof, reproduces, disseminates, offers to disseminate,
15     exhibits or possesses with intent to disseminate any film,
16     videotape, photograph or other similar visual reproduction
17     or depiction by computer of any child whom the person knows
18     or reasonably should know to be under the age of 13 engaged
19     in any activity described in subparagraphs (i) through
20     (vii) of paragraph (1) of this subsection; or
21         (3) with knowledge of the subject matter or theme
22     thereof, produces any stage play, live performance, film,
23     videotape or other similar visual portrayal or depiction by
24     computer which includes a child whom the person knows or
25     reasonably should know to be under the age of 13 engaged in
26     any activity described in subparagraphs (i) through (vii)

 

 

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1     of paragraph (1) of this subsection; or
2         (4) solicits, uses, persuades, induces, entices, or
3     coerces any child whom he or she knows or reasonably should
4     know to be under the age of 13 to appear in any stage play,
5     live presentation, film, videotape, photograph or other
6     similar visual reproduction or depiction by computer in
7     which the child or severely or profoundly mentally retarded
8     person is or will be depicted, actually or by simulation,
9     in any act, pose or setting described in subparagraphs (i)
10     through (vii) of paragraph (1) of this subsection; or
11         (5) is a parent, step-parent, legal guardian or other
12     person having care or custody of a child whom the person
13     knows or reasonably should know to be under the age of 13
14     and who knowingly permits, induces, promotes, or arranges
15     for such child to appear in any stage play, live
16     performance, film, videotape, photograph or other similar
17     visual presentation, portrayal or simulation or depiction
18     by computer of any act or activity described in
19     subparagraphs (i) through (vii) of paragraph (1) of this
20     subsection; or
21         (6) with knowledge of the nature or content thereof,
22     possesses any film, videotape, photograph or other similar
23     visual reproduction or depiction by computer of any child
24     whom the person knows or reasonably should know to be under
25     the age of 13 engaged in any activity described in
26     subparagraphs (i) through (vii) of paragraph (1) of this

 

 

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1     subsection; or
2         (7) solicits, or knowingly uses, persuades, induces,
3     entices, or coerces a person to provide a child under the
4     age of 13 to appear in any videotape, photograph, film,
5     stage play, live presentation, or other similar visual
6     reproduction or depiction by computer in which the child
7     will be depicted, actually or by simulation, in any act,
8     pose, or setting described in subparagraphs (i) through
9     (vii) of paragraph (1) of this subsection.
10     (b)(1) It shall be an affirmative defense to a charge of
11 aggravated child pornography that the defendant reasonably
12 believed, under all of the circumstances, that the child was 13
13 years of age or older, but only where, prior to the act or acts
14 giving rise to a prosecution under this Section, he or she took
15 some affirmative action or made a bonafide inquiry designed to
16 ascertain whether the child was 13 years of age or older and
17 his or her reliance upon the information so obtained was
18 clearly reasonable.
19     (2) The charge of aggravated child pornography shall not
20 apply to the performance of official duties by law enforcement
21 or prosecuting officers or persons employed by law enforcement
22 or prosecuting agencies, court personnel or attorneys, nor to
23 bonafide treatment or professional education programs
24 conducted by licensed physicians, psychologists or social
25 workers.
26     (3) If the defendant possessed more than 3 of the same

 

 

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1 film, videotape or visual reproduction or depiction by computer
2 in which aggravated child pornography is depicted, then the
3 trier of fact may infer that the defendant possessed such
4 materials with the intent to disseminate them.
5     (4) The charge of aggravated child pornography does not
6 apply to a person who does not voluntarily possess a film,
7 videotape, or visual reproduction or depiction by computer in
8 which aggravated child pornography is depicted. Possession is
9 voluntary if the defendant knowingly procures or receives a
10 film, videotape, or visual reproduction or depiction for a
11 sufficient time to be able to terminate his or her possession.
12     (c) Sentence: (1) A person who commits a violation of
13 paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) is
14 guilty of a Class X felony with a mandatory minimum fine of
15 $2,000 and a maximum fine of $100,000.
16     (2) A person who commits a violation of paragraph (6) of
17 subsection (a) is guilty of a Class 2 felony with a mandatory
18 minimum fine of $1000 and a maximum fine of $100,000.
19     (3) A person who commits a violation of paragraph (1), (2),
20 (3), (4), (5), or (7) of subsection (a) where the defendant has
21 previously been convicted under the laws of this State or any
22 other state of the offense of child pornography, aggravated
23 child pornography, aggravated criminal sexual abuse,
24 aggravated criminal sexual assault, predatory criminal sexual
25 assault of a child, or any of the offenses formerly known as
26 rape, deviate sexual assault, indecent liberties with a child,

 

 

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1 or aggravated indecent liberties with a child where the victim
2 was under the age of 18 years or an offense that is
3 substantially equivalent to those offenses, is guilty of a
4 Class X felony for which the person shall be sentenced to a
5 term of imprisonment of not less than 9 years with a mandatory
6 minimum fine of $2,000 and a maximum fine of $100,000.
7     (4) A person who commits a violation of paragraph (6) of
8 subsection (a) where the defendant has previously been
9 convicted under the laws of this State or any other state of
10 the offense of child pornography, aggravated child
11 pornography, aggravated criminal sexual abuse, aggravated
12 criminal sexual assault, predatory criminal sexual assault of a
13 child, or any of the offenses formerly known as rape, deviate
14 sexual assault, indecent liberties with a child, or aggravated
15 indecent liberties with a child where the victim was under the
16 age of 18 years or an offense that is substantially equivalent
17 to those offenses, is guilty of a Class 1 felony with a
18 mandatory minimum fine of $1000 and a maximum fine of $100,000.
19     (d) If a person is convicted of a second or subsequent
20 violation of this Section within 10 years of a prior
21 conviction, the court shall order a presentence psychiatric
22 examination of the person. The examiner shall report to the
23 court whether treatment of the person is necessary.
24     (e) Any film, videotape, photograph or other similar visual
25 reproduction or depiction by computer which includes a child
26 under the age of 13 engaged in any activity described in

 

 

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1 subparagraphs (i) through (vii) of paragraph (1) of subsection
2 (a), and any material or equipment used or intended for use in
3 photographing, filming, printing, producing, reproducing,
4 manufacturing, projecting, exhibiting, depiction by computer,
5 or disseminating such material shall be seized and forfeited in
6 the manner, method and procedure provided by Section 36-1 of
7 this Code for the seizure and forfeiture of vessels, vehicles
8 and aircraft.
9     (e-5) Upon the conclusion of a case brought under this
10 Section, the court shall seal all evidence depicting a victim
11 or witness that is sexually explicit. The evidence may be
12 unsealed and viewed, on a motion of the party seeking to unseal
13 and view the evidence, only for good cause shown and in the
14 discretion of the court. The motion must expressly set forth
15 the purpose for viewing the material. The State's attorney and
16 the victim, if possible, shall be provided reasonable notice of
17 the hearing on the motion to unseal the evidence. Any person
18 entitled to notice of a hearing under this subsection (e-5) may
19 object to the motion.
20     (f) Definitions. For the purposes of this Section:
21         (1) "Disseminate" means (i) to sell, distribute,
22     exchange or transfer possession, whether with or without
23     consideration or (ii) to make a depiction by computer
24     available for distribution or downloading through the
25     facilities of any telecommunications network or through
26     any other means of transferring computer programs or data

 

 

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1     to a computer.
2         (2) "Produce" means to direct, promote, advertise,
3     publish, manufacture, issue, present or show.
4         (3) "Reproduce" means to make a duplication or copy.
5         (4) "Depict by computer" means to generate or create,
6     or cause to be created or generated, a computer program or
7     data that, after being processed by a computer either alone
8     or in conjunction with one or more computer programs,
9     results in a visual depiction on a computer monitor,
10     screen, or display.
11         (5) "Depiction by computer" means a computer program or
12     data that, after being processed by a computer either alone
13     or in conjunction with one or more computer programs,
14     results in a visual depiction on a computer monitor,
15     screen, or display.
16         (6) "Computer", "computer program", and "data" have
17     the meanings ascribed to them in Section 16D-2 of this
18     Code.
19         (7) For the purposes of this Section, "child" means a
20     person, either in part or in total, under the age of 13,
21     regardless of the method by which the film, videotape,
22     photograph, or other similar visual medium or reproduction
23     or depiction by computer is created, adopted, or modified
24     to appear as such.
25         (8) "Sexual penetration" and "sexual conduct" have the
26     meanings ascribed to them in Section 12-12 of this Code.

 

 

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1     (g) When a charge of aggravated child pornography is
2 brought, the age of the child is an element of the offense to
3 be resolved by the trier of fact as either exceeding or not
4 exceeding the age in question. The trier of fact can rely on
5 its own everyday observations and common experiences in making
6 this determination.
 
7     Section 10. The Unified Code of Corrections is amended by
8 changing Section 5-5-3 as follows:
 
9     (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
10     Sec. 5-5-3. Disposition.
11     (a) Except as provided in Section 11-501 of the Illinois
12 Vehicle Code, every person convicted of an offense shall be
13 sentenced as provided in this Section.
14     (b) The following options shall be appropriate
15 dispositions, alone or in combination, for all felonies and
16 misdemeanors other than those identified in subsection (c) of
17 this Section:
18         (1) A period of probation.
19         (2) A term of periodic imprisonment.
20         (3) A term of conditional discharge.
21         (4) A term of imprisonment.
22         (5) An order directing the offender to clean up and
23     repair the damage, if the offender was convicted under
24     paragraph (h) of Section 21-1 of the Criminal Code of 1961

 

 

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1     (now repealed).
2         (6) A fine.
3         (7) An order directing the offender to make restitution
4     to the victim under Section 5-5-6 of this Code.
5         (8) A sentence of participation in a county impact
6     incarceration program under Section 5-8-1.2 of this Code.
7         (9) A term of imprisonment in combination with a term
8     of probation when the offender has been admitted into a
9     drug court program under Section 20 of the Drug Court
10     Treatment Act.
11     Neither a fine nor restitution shall be the sole
12 disposition for a felony and either or both may be imposed only
13 in conjunction with another disposition.
14     (c) (1) When a defendant is found guilty of first degree
15     murder the State may either seek a sentence of imprisonment
16     under Section 5-8-1 of this Code, or where appropriate seek
17     a sentence of death under Section 9-1 of the Criminal Code
18     of 1961.
19         (2) A period of probation, a term of periodic
20     imprisonment or conditional discharge shall not be imposed
21     for the following offenses. The court shall sentence the
22     offender to not less than the minimum term of imprisonment
23     set forth in this Code for the following offenses, and may
24     order a fine or restitution or both in conjunction with
25     such term of imprisonment:
26             (A) First degree murder where the death penalty is

 

 

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1         not imposed.
2             (B) Attempted first degree murder.
3             (C) A Class X felony.
4             (D) A violation of Section 401.1 or 407 of the
5         Illinois Controlled Substances Act, or a violation of
6         subdivision (c)(1) or (c)(2) of Section 401 of that Act
7         which relates to more than 5 grams of a substance
8         containing heroin or cocaine or an analog thereof.
9             (E) A violation of Section 5.1 or 9 of the Cannabis
10         Control Act.
11             (F) A Class 2 or greater felony if the offender had
12         been convicted of a Class 2 or greater felony within 10
13         years of the date on which the offender committed the
14         offense for which he or she is being sentenced, except
15         as otherwise provided in Section 40-10 of the
16         Alcoholism and Other Drug Abuse and Dependency Act.
17             (F-5) A violation of Section 24-1, 24-1.1, or
18         24-1.6 of the Criminal Code of 1961 for which
19         imprisonment is prescribed in those Sections.
20             (G) Residential burglary, except as otherwise
21         provided in Section 40-10 of the Alcoholism and Other
22         Drug Abuse and Dependency Act.
23             (H) Criminal sexual assault.
24             (I) Aggravated battery of a senior citizen.
25             (J) A forcible felony if the offense was related to
26         the activities of an organized gang.

 

 

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1             Before July 1, 1994, for the purposes of this
2         paragraph, "organized gang" means an association of 5
3         or more persons, with an established hierarchy, that
4         encourages members of the association to perpetrate
5         crimes or provides support to the members of the
6         association who do commit crimes.
7             Beginning July 1, 1994, for the purposes of this
8         paragraph, "organized gang" has the meaning ascribed
9         to it in Section 10 of the Illinois Streetgang
10         Terrorism Omnibus Prevention Act.
11             (K) Vehicular hijacking.
12             (L) A second or subsequent conviction for the
13         offense of hate crime when the underlying offense upon
14         which the hate crime is based is felony aggravated
15         assault or felony mob action.
16             (M) A second or subsequent conviction for the
17         offense of institutional vandalism if the damage to the
18         property exceeds $300.
19             (N) A Class 3 felony violation of paragraph (1) of
20         subsection (a) of Section 2 of the Firearm Owners
21         Identification Card Act.
22             (O) A violation of Section 12-6.1 of the Criminal
23         Code of 1961.
24             (P) A violation of paragraph (1), (2), (3), (4),
25         (5), or (7) of subsection (a) of Section 11-20.1 of the
26         Criminal Code of 1961.

 

 

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1             (Q) A violation of Section 20-1.2 or 20-1.3 of the
2         Criminal Code of 1961.
3             (R) A violation of Section 24-3A of the Criminal
4         Code of 1961.
5             (S) (Blank).
6             (T) A second or subsequent violation of the
7         Methamphetamine Control and Community Protection Act.
8             (U) A violation of paragraph (4) of subsection (c)
9         of Section 11-20.3 of the Criminal Code of 1961.
10         (3) (Blank).
11         (4) A minimum term of imprisonment of not less than 10
12     consecutive days or 30 days of community service shall be
13     imposed for a violation of paragraph (c) of Section 6-303
14     of the Illinois Vehicle Code.
15         (4.1) (Blank).
16         (4.2) Except as provided in paragraph (4.3) of this
17     subsection (c), a minimum of 100 hours of community service
18     shall be imposed for a second violation of Section 6-303 of
19     the Illinois Vehicle Code.
20         (4.3) A minimum term of imprisonment of 30 days or 300
21     hours of community service, as determined by the court,
22     shall be imposed for a second violation of subsection (c)
23     of Section 6-303 of the Illinois Vehicle Code.
24         (4.4) Except as provided in paragraph (4.5) and
25     paragraph (4.6) of this subsection (c), a minimum term of
26     imprisonment of 30 days or 300 hours of community service,

 

 

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1     as determined by the court, shall be imposed for a third or
2     subsequent violation of Section 6-303 of the Illinois
3     Vehicle Code.
4         (4.5) A minimum term of imprisonment of 30 days shall
5     be imposed for a third violation of subsection (c) of
6     Section 6-303 of the Illinois Vehicle Code.
7         (4.6) A minimum term of imprisonment of 180 days shall
8     be imposed for a fourth or subsequent violation of
9     subsection (c) of Section 6-303 of the Illinois Vehicle
10     Code.
11         (5) The court may sentence an offender convicted of a
12     business offense or a petty offense or a corporation or
13     unincorporated association convicted of any offense to:
14             (A) a period of conditional discharge;
15             (B) a fine;
16             (C) make restitution to the victim under Section
17         5-5-6 of this Code.
18         (5.1) In addition to any penalties imposed under
19     paragraph (5) of this subsection (c), and except as
20     provided in paragraph (5.2) or (5.3), a person convicted of
21     violating subsection (c) of Section 11-907 of the Illinois
22     Vehicle Code shall have his or her driver's license,
23     permit, or privileges suspended for at least 90 days but
24     not more than one year, if the violation resulted in damage
25     to the property of another person.
26         (5.2) In addition to any penalties imposed under

 

 

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1     paragraph (5) of this subsection (c), and except as
2     provided in paragraph (5.3), a person convicted of
3     violating subsection (c) of Section 11-907 of the Illinois
4     Vehicle Code shall have his or her driver's license,
5     permit, or privileges suspended for at least 180 days but
6     not more than 2 years, if the violation resulted in injury
7     to another person.
8         (5.3) In addition to any penalties imposed under
9     paragraph (5) of this subsection (c), a person convicted of
10     violating subsection (c) of Section 11-907 of the Illinois
11     Vehicle Code shall have his or her driver's license,
12     permit, or privileges suspended for 2 years, if the
13     violation resulted in the death of another person.
14         (5.4) In addition to any penalties imposed under
15     paragraph (5) of this subsection (c), a person convicted of
16     violating Section 3-707 of the Illinois Vehicle Code shall
17     have his or her driver's license, permit, or privileges
18     suspended for 3 months and until he or she has paid a
19     reinstatement fee of $100.
20         (5.5) In addition to any penalties imposed under
21     paragraph (5) of this subsection (c), a person convicted of
22     violating Section 3-707 of the Illinois Vehicle Code during
23     a period in which his or her driver's license, permit, or
24     privileges were suspended for a previous violation of that
25     Section shall have his or her driver's license, permit, or
26     privileges suspended for an additional 6 months after the

 

 

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1     expiration of the original 3-month suspension and until he
2     or she has paid a reinstatement fee of $100.
3         (6) In no case shall an offender be eligible for a
4     disposition of probation or conditional discharge for a
5     Class 1 felony committed while he was serving a term of
6     probation or conditional discharge for a felony.
7         (7) When a defendant is adjudged a habitual criminal
8     under Article 33B of the Criminal Code of 1961, the court
9     shall sentence the defendant to a term of natural life
10     imprisonment.
11         (8) When a defendant, over the age of 21 years, is
12     convicted of a Class 1 or Class 2 felony, after having
13     twice been convicted in any state or federal court of an
14     offense that contains the same elements as an offense now
15     classified in Illinois as a Class 2 or greater Class felony
16     and such charges are separately brought and tried and arise
17     out of different series of acts, such defendant shall be
18     sentenced as a Class X offender. This paragraph shall not
19     apply unless (1) the first felony was committed after the
20     effective date of this amendatory Act of 1977; and (2) the
21     second felony was committed after conviction on the first;
22     and (3) the third felony was committed after conviction on
23     the second. A person sentenced as a Class X offender under
24     this paragraph is not eligible to apply for treatment as a
25     condition of probation as provided by Section 40-10 of the
26     Alcoholism and Other Drug Abuse and Dependency Act.

 

 

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1         (9) A defendant convicted of a second or subsequent
2     offense of ritualized abuse of a child may be sentenced to
3     a term of natural life imprisonment.
4         (10) (Blank).
5         (11) The court shall impose a minimum fine of $1,000
6     for a first offense and $2,000 for a second or subsequent
7     offense upon a person convicted of or placed on supervision
8     for battery when the individual harmed was a sports
9     official or coach at any level of competition and the act
10     causing harm to the sports official or coach occurred
11     within an athletic facility or within the immediate
12     vicinity of the athletic facility at which the sports
13     official or coach was an active participant of the athletic
14     contest held at the athletic facility. For the purposes of
15     this paragraph (11), "sports official" means a person at an
16     athletic contest who enforces the rules of the contest,
17     such as an umpire or referee; "athletic facility" means an
18     indoor or outdoor playing field or recreational area where
19     sports activities are conducted; and "coach" means a person
20     recognized as a coach by the sanctioning authority that
21     conducted the sporting event.
22         (12) A person may not receive a disposition of court
23     supervision for a violation of Section 5-16 of the Boat
24     Registration and Safety Act if that person has previously
25     received a disposition of court supervision for a violation
26     of that Section.

 

 

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1     (d) In any case in which a sentence originally imposed is
2 vacated, the case shall be remanded to the trial court. The
3 trial court shall hold a hearing under Section 5-4-1 of the
4 Unified Code of Corrections which may include evidence of the
5 defendant's life, moral character and occupation during the
6 time since the original sentence was passed. The trial court
7 shall then impose sentence upon the defendant. The trial court
8 may impose any sentence which could have been imposed at the
9 original trial subject to Section 5-5-4 of the Unified Code of
10 Corrections. If a sentence is vacated on appeal or on
11 collateral attack due to the failure of the trier of fact at
12 trial to determine beyond a reasonable doubt the existence of a
13 fact (other than a prior conviction) necessary to increase the
14 punishment for the offense beyond the statutory maximum
15 otherwise applicable, either the defendant may be re-sentenced
16 to a term within the range otherwise provided or, if the State
17 files notice of its intention to again seek the extended
18 sentence, the defendant shall be afforded a new trial.
19     (e) In cases where prosecution for aggravated criminal
20 sexual abuse under Section 12-16 of the Criminal Code of 1961
21 results in conviction of a defendant who was a family member of
22 the victim at the time of the commission of the offense, the
23 court shall consider the safety and welfare of the victim and
24 may impose a sentence of probation only where:
25         (1) the court finds (A) or (B) or both are appropriate:
26             (A) the defendant is willing to undergo a court

 

 

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1         approved counseling program for a minimum duration of 2
2         years; or
3             (B) the defendant is willing to participate in a
4         court approved plan including but not limited to the
5         defendant's:
6                 (i) removal from the household;
7                 (ii) restricted contact with the victim;
8                 (iii) continued financial support of the
9             family;
10                 (iv) restitution for harm done to the victim;
11             and
12                 (v) compliance with any other measures that
13             the court may deem appropriate; and
14         (2) the court orders the defendant to pay for the
15     victim's counseling services, to the extent that the court
16     finds, after considering the defendant's income and
17     assets, that the defendant is financially capable of paying
18     for such services, if the victim was under 18 years of age
19     at the time the offense was committed and requires
20     counseling as a result of the offense.
21     Probation may be revoked or modified pursuant to Section
22 5-6-4; except where the court determines at the hearing that
23 the defendant violated a condition of his or her probation
24 restricting contact with the victim or other family members or
25 commits another offense with the victim or other family
26 members, the court shall revoke the defendant's probation and

 

 

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1 impose a term of imprisonment.
2     For the purposes of this Section, "family member" and
3 "victim" shall have the meanings ascribed to them in Section
4 12-12 of the Criminal Code of 1961.
5     (f) This Article shall not deprive a court in other
6 proceedings to order a forfeiture of property, to suspend or
7 cancel a license, to remove a person from office, or to impose
8 any other civil penalty.
9     (g) Whenever a defendant is convicted of an offense under
10 Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1,
11 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16
12 of the Criminal Code of 1961, the defendant shall undergo
13 medical testing to determine whether the defendant has any
14 sexually transmissible disease, including a test for infection
15 with human immunodeficiency virus (HIV) or any other identified
16 causative agent of acquired immunodeficiency syndrome (AIDS).
17 Any such medical test shall be performed only by appropriately
18 licensed medical practitioners and may include an analysis of
19 any bodily fluids as well as an examination of the defendant's
20 person. Except as otherwise provided by law, the results of
21 such test shall be kept strictly confidential by all medical
22 personnel involved in the testing and must be personally
23 delivered in a sealed envelope to the judge of the court in
24 which the conviction was entered for the judge's inspection in
25 camera. Acting in accordance with the best interests of the
26 victim and the public, the judge shall have the discretion to

 

 

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1 determine to whom, if anyone, the results of the testing may be
2 revealed. The court shall notify the defendant of the test
3 results. The court shall also notify the victim if requested by
4 the victim, and if the victim is under the age of 15 and if
5 requested by the victim's parents or legal guardian, the court
6 shall notify the victim's parents or legal guardian of the test
7 results. The court shall provide information on the
8 availability of HIV testing and counseling at Department of
9 Public Health facilities to all parties to whom the results of
10 the testing are revealed and shall direct the State's Attorney
11 to provide the information to the victim when possible. A
12 State's Attorney may petition the court to obtain the results
13 of any HIV test administered under this Section, and the court
14 shall grant the disclosure if the State's Attorney shows it is
15 relevant in order to prosecute a charge of criminal
16 transmission of HIV under Section 12-16.2 of the Criminal Code
17 of 1961 against the defendant. The court shall order that the
18 cost of any such test shall be paid by the county and may be
19 taxed as costs against the convicted defendant.
20     (g-5) When an inmate is tested for an airborne communicable
21 disease, as determined by the Illinois Department of Public
22 Health including but not limited to tuberculosis, the results
23 of the test shall be personally delivered by the warden or his
24 or her designee in a sealed envelope to the judge of the court
25 in which the inmate must appear for the judge's inspection in
26 camera if requested by the judge. Acting in accordance with the

 

 

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1 best interests of those in the courtroom, the judge shall have
2 the discretion to determine what if any precautions need to be
3 taken to prevent transmission of the disease in the courtroom.
4     (h) Whenever a defendant is convicted of an offense under
5 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
6 defendant shall undergo medical testing to determine whether
7 the defendant has been exposed to human immunodeficiency virus
8 (HIV) or any other identified causative agent of acquired
9 immunodeficiency syndrome (AIDS). Except as otherwise provided
10 by law, the results of such test shall be kept strictly
11 confidential by all medical personnel involved in the testing
12 and must be personally delivered in a sealed envelope to the
13 judge of the court in which the conviction was entered for the
14 judge's inspection in camera. Acting in accordance with the
15 best interests of the public, the judge shall have the
16 discretion to determine to whom, if anyone, the results of the
17 testing may be revealed. The court shall notify the defendant
18 of a positive test showing an infection with the human
19 immunodeficiency virus (HIV). The court shall provide
20 information on the availability of HIV testing and counseling
21 at Department of Public Health facilities to all parties to
22 whom the results of the testing are revealed and shall direct
23 the State's Attorney to provide the information to the victim
24 when possible. A State's Attorney may petition the court to
25 obtain the results of any HIV test administered under this
26 Section, and the court shall grant the disclosure if the

 

 

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1 State's Attorney shows it is relevant in order to prosecute a
2 charge of criminal transmission of HIV under Section 12-16.2 of
3 the Criminal Code of 1961 against the defendant. The court
4 shall order that the cost of any such test shall be paid by the
5 county and may be taxed as costs against the convicted
6 defendant.
7     (i) All fines and penalties imposed under this Section for
8 any violation of Chapters 3, 4, 6, and 11 of the Illinois
9 Vehicle Code, or a similar provision of a local ordinance, and
10 any violation of the Child Passenger Protection Act, or a
11 similar provision of a local ordinance, shall be collected and
12 disbursed by the circuit clerk as provided under Section 27.5
13 of the Clerks of Courts Act.
14     (j) In cases when prosecution for any violation of Section
15 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17,
16 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
17 11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal
18 Code of 1961, any violation of the Illinois Controlled
19 Substances Act, any violation of the Cannabis Control Act, or
20 any violation of the Methamphetamine Control and Community
21 Protection Act results in conviction, a disposition of court
22 supervision, or an order of probation granted under Section 10
23 of the Cannabis Control Act, Section 410 of the Illinois
24 Controlled Substance Act, or Section 70 of the Methamphetamine
25 Control and Community Protection Act of a defendant, the court
26 shall determine whether the defendant is employed by a facility

 

 

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1 or center as defined under the Child Care Act of 1969, a public
2 or private elementary or secondary school, or otherwise works
3 with children under 18 years of age on a daily basis. When a
4 defendant is so employed, the court shall order the Clerk of
5 the Court to send a copy of the judgment of conviction or order
6 of supervision or probation to the defendant's employer by
7 certified mail. If the employer of the defendant is a school,
8 the Clerk of the Court shall direct the mailing of a copy of
9 the judgment of conviction or order of supervision or probation
10 to the appropriate regional superintendent of schools. The
11 regional superintendent of schools shall notify the State Board
12 of Education of any notification under this subsection.
13     (j-5) A defendant at least 17 years of age who is convicted
14 of a felony and who has not been previously convicted of a
15 misdemeanor or felony and who is sentenced to a term of
16 imprisonment in the Illinois Department of Corrections shall as
17 a condition of his or her sentence be required by the court to
18 attend educational courses designed to prepare the defendant
19 for a high school diploma and to work toward a high school
20 diploma or to work toward passing the high school level Test of
21 General Educational Development (GED) or to work toward
22 completing a vocational training program offered by the
23 Department of Corrections. If a defendant fails to complete the
24 educational training required by his or her sentence during the
25 term of incarceration, the Prisoner Review Board shall, as a
26 condition of mandatory supervised release, require the

 

 

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1 defendant, at his or her own expense, to pursue a course of
2 study toward a high school diploma or passage of the GED test.
3 The Prisoner Review Board shall revoke the mandatory supervised
4 release of a defendant who wilfully fails to comply with this
5 subsection (j-5) upon his or her release from confinement in a
6 penal institution while serving a mandatory supervised release
7 term; however, the inability of the defendant after making a
8 good faith effort to obtain financial aid or pay for the
9 educational training shall not be deemed a wilful failure to
10 comply. The Prisoner Review Board shall recommit the defendant
11 whose mandatory supervised release term has been revoked under
12 this subsection (j-5) as provided in Section 3-3-9. This
13 subsection (j-5) does not apply to a defendant who has a high
14 school diploma or has successfully passed the GED test. This
15 subsection (j-5) does not apply to a defendant who is
16 determined by the court to be developmentally disabled or
17 otherwise mentally incapable of completing the educational or
18 vocational program.
19     (k) A court may not impose a sentence or disposition for a
20 felony or misdemeanor that requires the defendant to be
21 implanted or injected with or to use any form of birth control.
22     (l) (A) Except as provided in paragraph (C) of subsection
23     (l), whenever a defendant, who is an alien as defined by
24     the Immigration and Nationality Act, is convicted of any
25     felony or misdemeanor offense, the court after sentencing
26     the defendant may, upon motion of the State's Attorney,

 

 

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1     hold sentence in abeyance and remand the defendant to the
2     custody of the Attorney General of the United States or his
3     or her designated agent to be deported when:
4             (1) a final order of deportation has been issued
5         against the defendant pursuant to proceedings under
6         the Immigration and Nationality Act, and
7             (2) the deportation of the defendant would not
8         deprecate the seriousness of the defendant's conduct
9         and would not be inconsistent with the ends of justice.
10         Otherwise, the defendant shall be sentenced as
11     provided in this Chapter V.
12         (B) If the defendant has already been sentenced for a
13     felony or misdemeanor offense, or has been placed on
14     probation under Section 10 of the Cannabis Control Act,
15     Section 410 of the Illinois Controlled Substances Act, or
16     Section 70 of the Methamphetamine Control and Community
17     Protection Act, the court may, upon motion of the State's
18     Attorney to suspend the sentence imposed, commit the
19     defendant to the custody of the Attorney General of the
20     United States or his or her designated agent when:
21             (1) a final order of deportation has been issued
22         against the defendant pursuant to proceedings under
23         the Immigration and Nationality Act, and
24             (2) the deportation of the defendant would not
25         deprecate the seriousness of the defendant's conduct
26         and would not be inconsistent with the ends of justice.

 

 

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1         (C) This subsection (l) does not apply to offenders who
2     are subject to the provisions of paragraph (2) of
3     subsection (a) of Section 3-6-3.
4         (D) Upon motion of the State's Attorney, if a defendant
5     sentenced under this Section returns to the jurisdiction of
6     the United States, the defendant shall be recommitted to
7     the custody of the county from which he or she was
8     sentenced. Thereafter, the defendant shall be brought
9     before the sentencing court, which may impose any sentence
10     that was available under Section 5-5-3 at the time of
11     initial sentencing. In addition, the defendant shall not be
12     eligible for additional good conduct credit for
13     meritorious service as provided under Section 3-6-6.
14     (m) A person convicted of criminal defacement of property
15 under Section 21-1.3 of the Criminal Code of 1961, in which the
16 property damage exceeds $300 and the property damaged is a
17 school building, shall be ordered to perform community service
18 that may include cleanup, removal, or painting over the
19 defacement.
20     (n) The court may sentence a person convicted of a
21 violation of Section 12-19, 12-21, or 16-1.3 of the Criminal
22 Code of 1961 (i) to an impact incarceration program if the
23 person is otherwise eligible for that program under Section
24 5-8-1.1, (ii) to community service, or (iii) if the person is
25 an addict or alcoholic, as defined in the Alcoholism and Other
26 Drug Abuse and Dependency Act, to a substance or alcohol abuse

 

 

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1 program licensed under that Act.
2     (o) Whenever a person is convicted of a sex offense as
3 defined in Section 2 of the Sex Offender Registration Act, the
4 defendant's driver's license or permit shall be subject to
5 renewal on an annual basis in accordance with the provisions of
6 license renewal established by the Secretary of State.
7 (Source: P.A. 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169,
8 eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546,
9 eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800,
10 eff. 1-1-05; 93-1014, eff. 1-1-05; 94-72, eff. 1-1-06; 94-556,
11 eff. 9-11-05; 94-993, eff. 1-1-07; 94-1035, eff. 7-1-07;
12 revised 8-28-06.)
 
13     Section 15. The Sex Offender Registration Act is amended by
14 changing Section 2 as follows:
 
15     (730 ILCS 150/2)  (from Ch. 38, par. 222)
16     Sec. 2. Definitions.
17     (A) As used in this Article, "sex offender" means any
18 person who is:
19         (1) charged pursuant to Illinois law, or any
20     substantially similar federal, Uniform Code of Military
21     Justice, sister state, or foreign country law, with a sex
22     offense set forth in subsection (B) of this Section or the
23     attempt to commit an included sex offense, and:
24             (a) is convicted of such offense or an attempt to

 

 

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

 

 

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

 

 

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1 be counted for the purpose of this Article as one conviction.
2 Any conviction set aside pursuant to law is not a conviction
3 for purposes of this Article.
4      For purposes of this Section, "convicted" shall have the
5 same meaning as "adjudicated". For the purposes of this
6 Article, a person who is defined as a sex offender as a result
7 of being adjudicated a juvenile delinquent under paragraph (5)
8 of this subsection (A) upon attaining 17 years of age shall be
9 considered as having committed the sex offense on or after the
10 sex offender's 17th birthday. Registration of juveniles upon
11 attaining 17 years of age shall not extend the original
12 registration of 10 years from the date of conviction.
13     (B) As used in this Article, "sex offense" means:
14         (1) A violation of any of the following Sections of the
15     Criminal Code of 1961:
16             11-20.1 (child pornography),
17             11-20.3 (aggravated 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             11-17.1 (keeping a place of juvenile
15         prostitution),
16             11-19.1 (juvenile pimping),
17             11-19.2 (exploitation of a child),
18             11-20.1 (child pornography),
19             12-13 (criminal sexual assault),
20             12-14 (aggravated criminal sexual assault),
21             12-14.1 (predatory criminal sexual assault of a
22         child),
23             12-16 (aggravated criminal sexual abuse),
24             12-33 (ritualized abuse of a child); or
25         (2) (blank); or
26         (3) certified as a sexually dangerous person pursuant

 

 

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

 

 

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