SB2526sam001 100TH GENERAL ASSEMBLY

Sen. Julie A. Morrison

Filed: 3/1/2018

 

 


 

 


 
10000SB2526sam001LRB100 17209 RLC 36957 a

1
AMENDMENT TO SENATE BILL 2526

2    AMENDMENT NO. ______. Amend Senate Bill 2526 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Sex Offender Registration Act is amended by
5changing Section 2 as follows:
 
6    (730 ILCS 150/2)  (from Ch. 38, par. 222)
7    Sec. 2. Definitions.
8    (A) As used in this Article, "sex offender" means any
9person who is:
10        (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:
15            (a) is convicted of such offense or an attempt to
16        commit such offense; or

 

 

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

 

 

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

 

 

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1Any conviction set aside pursuant to law is not a conviction
2for purposes of this Article.
3     For purposes of this Section, "convicted" shall have the
4same meaning as "adjudicated".
5    (B) As used in this Article, "sex offense" means:
6        (1) A violation of any of the following Sections of the
7    Criminal Code of 1961 or the Criminal Code of 2012:
8            11-20.1 (child pornography),
9            11-20.1B or 11-20.3 (aggravated child
10        pornography),
11            11-6 (indecent solicitation of a child),
12            11-9.1 (sexual exploitation of a child),
13            11-9.2 (custodial sexual misconduct),
14            11-9.5 (sexual misconduct with a person with a
15        disability),
16            11-14.4 (promoting juvenile prostitution),
17            11-15.1 (soliciting for a juvenile prostitute),
18            11-18.1 (patronizing a juvenile prostitute),
19            11-17.1 (keeping a place of juvenile
20        prostitution),
21            11-19.1 (juvenile pimping),
22            11-19.2 (exploitation of a child),
23            11-25 (grooming),
24            11-26 (traveling to meet a minor or traveling to
25        meet a child),
26            11-1.20 or 12-13 (criminal sexual assault),

 

 

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1            11-1.30 or 12-14 (aggravated criminal sexual
2        assault),
3            11-1.40 or 12-14.1 (predatory criminal sexual
4        assault of a child),
5            11-1.50 or 12-15 (criminal sexual abuse),
6            11-1.60 or 12-16 (aggravated criminal sexual
7        abuse),
8            12-33 (ritualized abuse of a child).
9            An attempt to commit any of these offenses.
10        (1.5) A violation of any of the following Sections of
11    the Criminal Code of 1961 or the Criminal Code of 2012,
12    when the victim is a person under 18 years of age, the
13    defendant is not a parent of the victim, the offense was
14    sexually motivated as defined in Section 10 of the Sex
15    Offender Evaluation and Treatment Act, and the offense was
16    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        If the offense was committed before January 1, 1996, it
22    is a sex offense requiring registration only when the
23    person is convicted of any felony after July 1, 2011, and
24    paragraph (2.1) of subsection (c) of Section 3 of this Act
25    applies.
26        (1.6) First degree murder under Section 9-1 of the

 

 

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1    Criminal Code of 1961 or the Criminal Code of 2012,
2    provided the offense was sexually motivated as defined in
3    Section 10 of the Sex Offender Management Board Act.
4        (1.7) (Blank).
5        (1.8) A violation or attempted violation of Section
6    11-11 (sexual relations within families) of the Criminal
7    Code of 1961 or the Criminal Code of 2012, and the offense
8    was committed on or after June 1, 1997. If the offense was
9    committed before June 1, 1997, it is a sex offense
10    requiring registration only when the person is convicted of
11    any felony after July 1, 2011, and paragraph (2.1) of
12    subsection (c) of Section 3 of this Act applies.
13        (1.9) Child abduction under paragraph (10) of
14    subsection (b) of Section 10-5 of the Criminal Code of 1961
15    or the Criminal Code of 2012 committed by luring or
16    attempting to lure a child under the age of 16 into a motor
17    vehicle, building, house trailer, or dwelling place
18    without the consent of the parent or lawful custodian of
19    the child for other than a lawful purpose and the offense
20    was committed on or after January 1, 1998, provided the
21    offense was sexually motivated as defined in Section 10 of
22    the Sex Offender Management Board Act. If the offense was
23    committed before January 1, 1998, it is a sex offense
24    requiring registration only when the person is convicted of
25    any felony after July 1, 2011, and paragraph (2.1) of
26    subsection (c) of Section 3 of this Act applies.

 

 

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1        (1.10) A violation or attempted violation of any of the
2    following Sections of the Criminal Code of 1961 or the
3    Criminal Code of 2012 when the offense was committed on or
4    after July 1, 1999:
5            10-4 (forcible detention, if the victim is under 18
6        years of age), provided the offense was sexually
7        motivated as defined in Section 10 of the Sex Offender
8        Management Board Act,
9            11-6.5 (indecent solicitation of an adult),
10            11-14.3 that involves soliciting for a prostitute,
11        or 11-15 (soliciting for a prostitute, if the victim is
12        under 18 years of age),
13            subdivision (a)(2)(A) or (a)(2)(B) of Section
14        11-14.3, or Section 11-16 (pandering, if the victim is
15        under 18 years of age),
16            11-18 (patronizing a prostitute, if the victim is
17        under 18 years of age),
18            subdivision (a)(2)(C) of Section 11-14.3, or
19        Section 11-19 (pimping, if the victim is under 18 years
20        of age).
21        If the offense was committed before July 1, 1999, it is
22    a sex offense requiring registration only when the person
23    is convicted of any felony after July 1, 2011, and
24    paragraph (2.1) of subsection (c) of Section 3 of this Act
25    applies.
26        (1.11) A violation or attempted violation of any of the

 

 

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1    following Sections of the Criminal Code of 1961 or the
2    Criminal Code of 2012 when the offense was committed on or
3    after August 22, 2002:
4            11-9 or 11-30 (public indecency for a third or
5        subsequent conviction).
6        If the third or subsequent conviction was imposed
7    before August 22, 2002, it is a sex offense requiring
8    registration only when the person is convicted of any
9    felony after July 1, 2011, and paragraph (2.1) of
10    subsection (c) of Section 3 of this Act applies.
11        (1.12) A violation or attempted violation of Section
12    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
13    Criminal Code of 1961 or the Criminal Code of 2012
14    (permitting sexual abuse) when the offense was committed on
15    or after August 22, 2002. If the offense was committed
16    before August 22, 2002, it is a sex offense requiring
17    registration only when the person is convicted of any
18    felony after July 1, 2011, and paragraph (2.1) of
19    subsection (c) of Section 3 of this Act applies.
20        (1.13) A violation or attempted violation of
21    subsection (b) or (d) if the victim is under 18 years of
22    age or a violation of subsection (c) of Section 10-9 of the
23    Criminal Code of 2012 (trafficking in persons, involuntary
24    servitude, and related offenses), if the person was
25    convicted on or after the effective date of this amendatory
26    Act of the 100th General Assembly.

 

 

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1        (2) A violation of any former law of this State
2    substantially equivalent to any offense listed in
3    subsection (B) of this Section.
4    (C) A conviction for an offense of federal law, Uniform
5Code of Military Justice, or the law of another state or a
6foreign country that is substantially equivalent to any offense
7listed in subsections (B), (C), (E), and (E-5) of this Section
8shall constitute a conviction for the purpose of this Article.
9A finding or adjudication as a sexually dangerous person or a
10sexually violent person under any federal law, Uniform Code of
11Military Justice, or the law of another state or foreign
12country that is substantially equivalent to the Sexually
13Dangerous Persons Act or the Sexually Violent Persons
14Commitment Act shall constitute an adjudication for the
15purposes of this Article.
16    (C-5) A person at least 17 years of age at the time of the
17commission of the offense who is convicted of first degree
18murder under Section 9-1 of the Criminal Code of 1961 or the
19Criminal Code of 2012, against a person under 18 years of age,
20shall be required to register for natural life. A conviction
21for an offense of federal, Uniform Code of Military Justice,
22sister state, or foreign country law that is substantially
23equivalent to any offense listed in subsection (C-5) of this
24Section shall constitute a conviction for the purpose of this
25Article. This subsection (C-5) applies to a person who
26committed the offense before June 1, 1996 if: (i) the person is

 

 

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1incarcerated in an Illinois Department of Corrections facility
2on August 20, 2004 (the effective date of Public Act 93-977),
3or (ii) subparagraph (i) does not apply and the person is
4convicted of any felony after July 1, 2011, and paragraph (2.1)
5of subsection (c) of Section 3 of this Act applies.
6    (C-6) A person who is convicted or adjudicated delinquent
7of first degree murder as defined in Section 9-1 of the
8Criminal Code of 1961 or the Criminal Code of 2012, against a
9person 18 years of age or over, shall be required to register
10for his or her natural life. A conviction for an offense of
11federal, Uniform Code of Military Justice, sister state, or
12foreign country law that is substantially equivalent to any
13offense listed in subsection (C-6) of this Section shall
14constitute a conviction for the purpose of this Article. This
15subsection (C-6) does not apply to those individuals released
16from incarceration more than 10 years prior to January 1, 2012
17(the effective date of Public Act 97-154).
18    (D) As used in this Article, "law enforcement agency having
19jurisdiction" means the Chief of Police in each of the
20municipalities in which the sex offender expects to reside,
21work, or attend school (1) upon his or her discharge, parole or
22release or (2) during the service of his or her sentence of
23probation or conditional discharge, or the Sheriff of the
24county, in the event no Police Chief exists or if the offender
25intends to reside, work, or attend school in an unincorporated
26area. "Law enforcement agency having jurisdiction" includes

 

 

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1the location where out-of-state students attend school and
2where out-of-state employees are employed or are otherwise
3required to register.
4    (D-1) As used in this Article, "supervising officer" means
5the assigned Illinois Department of Corrections parole agent or
6county probation officer.
7    (E) As used in this Article, "sexual predator" means any
8person who, after July 1, 1999, is:
9        (1) Convicted for an offense of federal, Uniform Code
10    of Military Justice, sister state, or foreign country law
11    that is substantially equivalent to any offense listed in
12    subsection (E) or (E-5) of this Section shall constitute a
13    conviction for the purpose of this Article. Convicted of a
14    violation or attempted violation of any of the following
15    Sections of the Criminal Code of 1961 or the Criminal Code
16    of 2012:
17            10-5.1 (luring of a minor),
18            11-14.4 that involves keeping a place of juvenile
19        prostitution, or 11-17.1 (keeping a place of juvenile
20        prostitution),
21            subdivision (a)(2) or (a)(3) of Section 11-14.4,
22        or Section 11-19.1 (juvenile pimping),
23            subdivision (a)(4) of Section 11-14.4, or Section
24        11-19.2 (exploitation of a child),
25            11-20.1 (child pornography),
26            11-20.1B or 11-20.3 (aggravated child

 

 

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1        pornography),
2            11-1.20 or 12-13 (criminal sexual assault),
3            11-1.30 or 12-14 (aggravated criminal sexual
4        assault),
5            11-1.40 or 12-14.1 (predatory criminal sexual
6        assault of a child),
7            11-1.60 or 12-16 (aggravated criminal sexual
8        abuse),
9            12-33 (ritualized abuse of a child);
10        (2) (blank);
11        (3) declared as a sexually dangerous person pursuant to
12    the Sexually Dangerous Persons Act or any substantially
13    similar federal, Uniform Code of Military Justice, sister
14    state, or foreign country law;
15        (4) found to be a sexually violent person pursuant to
16    the Sexually Violent Persons Commitment Act or any
17    substantially similar federal, Uniform Code of Military
18    Justice, sister state, or foreign country law;
19        (5) convicted of a second or subsequent offense which
20    requires registration pursuant to this Act. For purposes of
21    this paragraph (5), "convicted" shall include a conviction
22    under any substantially similar Illinois, federal, Uniform
23    Code of Military Justice, sister state, or foreign country
24    law;
25        (6) (blank); or
26        (7) if the person was convicted of an offense set forth

 

 

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1    in this subsection (E) on or before July 1, 1999, the
2    person is a sexual predator for whom registration is
3    required only when the person is convicted of a felony
4    offense after July 1, 2011, and paragraph (2.1) of
5    subsection (c) of Section 3 of this Act applies.
6    (E-5) As used in this Article, "sexual predator" also means
7a person convicted of a violation or attempted violation of any
8of the following Sections of the Criminal Code of 1961 or the
9Criminal Code of 2012:
10        (1) Section 9-1 (first degree murder, when the victim
11    was a person under 18 years of age and the defendant was at
12    least 17 years of age at the time of the commission of the
13    offense, provided the offense was sexually motivated as
14    defined in Section 10 of the Sex Offender Management Board
15    Act);
16        (2) Section 11-9.5 (sexual misconduct with a person
17    with a disability);
18        (3) when the victim is a person under 18 years of age,
19    the defendant is not a parent of the victim, the offense
20    was sexually motivated as defined in Section 10 of the Sex
21    Offender Management Board Act, and the offense was
22    committed on or after January 1, 1996: (A) Section 10-1
23    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
24    (C) Section 10-3 (unlawful restraint), and (D) Section
25    10-3.1 (aggravated unlawful restraint); and
26        (4) Section 10-5(b)(10) (child abduction committed by

 

 

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1    luring or attempting to lure a child under the age of 16
2    into a motor vehicle, building, house trailer, or dwelling
3    place without the consent of the parent or lawful custodian
4    of the child for other than a lawful purpose and the
5    offense was committed on or after January 1, 1998, provided
6    the offense was sexually motivated as defined in Section 10
7    of the Sex Offender Management Board Act).
8    (E-10) As used in this Article, "sexual predator" also
9means a person required to register in another State due to a
10conviction, adjudication or other action of any court
11triggering an obligation to register as a sex offender, sexual
12predator, or substantially similar status under the laws of
13that State.
14    (F) As used in this Article, "out-of-state student" means
15any sex offender, as defined in this Section, or sexual
16predator who is enrolled in Illinois, on a full-time or
17part-time basis, in any public or private educational
18institution, including, but not limited to, any secondary
19school, trade or professional institution, or institution of
20higher learning.
21    (G) As used in this Article, "out-of-state employee" means
22any sex offender, as defined in this Section, or sexual
23predator who works in Illinois, regardless of whether the
24individual receives payment for services performed, for a
25period of time of 10 or more days or for an aggregate period of
26time of 30 or more days during any calendar year. Persons who

 

 

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1operate motor vehicles in the State accrue one day of
2employment time for any portion of a day spent in Illinois.
3    (H) As used in this Article, "school" means any public or
4private educational institution, including, but not limited
5to, any elementary or secondary school, trade or professional
6institution, or institution of higher education.
7    (I) As used in this Article, "fixed residence" means any
8and all places that a sex offender resides for an aggregate
9period of time of 5 or more days in a calendar year.
10    (J) As used in this Article, "Internet protocol address"
11means the string of numbers by which a location on the Internet
12is identified by routers or other computers connected to the
13Internet.
14(Source: P.A. 100-428, eff. 1-1-18.)".