Full Text of HB0780 102nd General Assembly
HB0780 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB0780 Introduced 2/10/2021, by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED: |
| 730 ILCS 150/2 | from Ch. 38, par. 222 |
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Amends the Sex Offender Registration Act. Provides for registration under the Act of a person who committed a violation or attempted violation of the unauthorized video recording and live video transmission offense if the court: (1) finds that the offense was sexually motivated as defined in the Sex Offender Management Board Act; and (2) in its discretion requires the person to register under the Act.
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| | A BILL FOR |
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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 Sex Offender Registration Act is amended by | 5 | | changing 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 | 9 | | person 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
| 17 | | (b) is found not guilty by reason of insanity of | 18 | | such offense or an
attempt to commit such offense; or
| 19 | | (c) is found not guilty by reason of insanity | 20 | | pursuant to Section
104-25(c) of the Code of Criminal | 21 | | Procedure of 1963 of such offense or an
attempt to | 22 | | commit such offense; or
| 23 | | (d) is the subject of a finding not resulting in an |
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| 1 | | acquittal at a
hearing conducted pursuant to Section | 2 | | 104-25(a) of the Code of Criminal
Procedure of 1963 | 3 | | for the alleged commission or attempted commission of | 4 | | such
offense; or
| 5 | | (e) is found not guilty by reason of insanity | 6 | | following a hearing
conducted pursuant to a federal, | 7 | | Uniform Code of Military Justice, sister
state, or | 8 | | foreign country law
substantially similar to Section | 9 | | 104-25(c) of the Code of Criminal Procedure
of 1963 of | 10 | | such offense or of the attempted commission of such | 11 | | offense; or
| 12 | | (f) is the subject of a finding not resulting in an | 13 | | acquittal at a
hearing conducted pursuant to a | 14 | | federal, Uniform Code of Military Justice,
sister | 15 | | state, or foreign country law
substantially similar to | 16 | | Section 104-25(a) of the Code of Criminal Procedure
of | 17 | | 1963 for the alleged violation or attempted commission | 18 | | of such offense;
or
| 19 | | (2) declared as a sexually dangerous person pursuant | 20 | | to the Illinois
Sexually Dangerous Persons Act, or any | 21 | | substantially similar federal, Uniform
Code of Military | 22 | | Justice, sister
state, or foreign country law; or
| 23 | | (3) subject to the provisions of Section 2 of the | 24 | | Interstate
Agreements on Sexually Dangerous Persons Act; | 25 | | or
| 26 | | (4) found to be a sexually violent person pursuant to |
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| 1 | | the Sexually
Violent Persons Commitment Act or any | 2 | | substantially similar federal, Uniform
Code of Military | 3 | | Justice, sister
state, or foreign country law; or
| 4 | | (5) adjudicated a juvenile delinquent as the result of | 5 | | committing or
attempting to commit an act which, if | 6 | | committed by an adult, would constitute
any of the | 7 | | offenses specified in item (B), (C), or (C-5) of this | 8 | | Section or a
violation of any substantially similar | 9 | | federal, Uniform Code of Military
Justice, sister state, | 10 | | or foreign
country law, or found guilty under Article V of | 11 | | the Juvenile Court Act of 1987
of committing or attempting | 12 | | to commit an act which, if committed by an adult,
would | 13 | | constitute any of the offenses specified in item (B), (C), | 14 | | or (C-5) of
this Section or a violation of any | 15 | | substantially similar federal, Uniform Code
of Military | 16 | | Justice, sister state,
or foreign country law.
| 17 | | Convictions that result from or are connected with the | 18 | | same act, or result
from offenses committed at the same time, | 19 | | shall be counted for the purpose of
this Article as one | 20 | | conviction. Any conviction set aside pursuant to law is
not a | 21 | | conviction for purposes of this Article.
| 22 | |
For purposes of this Section, "convicted" shall have the | 23 | | same meaning as
"adjudicated".
| 24 | | (B) As used in this Article, "sex offense" means:
| 25 | | (1) A violation of any of the following Sections of | 26 | | the Criminal Code of
1961 or the Criminal Code of 2012:
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| 1 | | 11-20.1 (child pornography),
| 2 | | 11-20.1B or 11-20.3 (aggravated child | 3 | | pornography),
| 4 | | 11-6 (indecent solicitation of a child),
| 5 | | 11-9.1 (sexual exploitation of a child),
| 6 | | 11-9.2 (custodial sexual misconduct),
| 7 | | 11-9.5 (sexual misconduct with a person with a | 8 | | disability), | 9 | | 11-14.4 (promoting juvenile prostitution), | 10 | | 11-15.1 (soliciting for a juvenile prostitute),
| 11 | | 11-18.1 (patronizing a juvenile prostitute),
| 12 | | 11-17.1 (keeping a place of juvenile | 13 | | prostitution),
| 14 | | 11-19.1 (juvenile pimping),
| 15 | | 11-19.2 (exploitation of a child),
| 16 | | 11-25 (grooming), | 17 | | 11-26 (traveling to meet a minor or traveling to | 18 | | meet a child), | 19 | | 11-1.20 or 12-13 (criminal sexual assault),
| 20 | | 11-1.30 or 12-14 (aggravated criminal sexual | 21 | | assault),
| 22 | | 11-1.40 or 12-14.1 (predatory criminal sexual | 23 | | assault of a child),
| 24 | | 11-1.50 or 12-15 (criminal sexual abuse),
| 25 | | 11-1.60 or 12-16 (aggravated criminal sexual | 26 | | abuse),
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| 1 | | 12-33 (ritualized abuse of a child).
| 2 | | An attempt to commit any of these offenses.
| 3 | | (1.5)
A violation of any of the following Sections of | 4 | | the
Criminal Code of 1961 or the Criminal Code of 2012, | 5 | | when the victim is a person under 18 years of age, the
| 6 | | defendant is not a parent of the victim, the offense was | 7 | | sexually motivated as defined in Section 10 of the Sex | 8 | | Offender Evaluation and Treatment Act, and the offense was | 9 | | committed on or
after January 1, 1996:
| 10 | | 10-1 (kidnapping),
| 11 | | 10-2 (aggravated kidnapping),
| 12 | | 10-3 (unlawful restraint),
| 13 | | 10-3.1 (aggravated unlawful restraint).
| 14 | | If the offense was committed before January 1, 1996, | 15 | | it is a sex offense requiring registration only when the | 16 | | person is convicted of any felony after July 1, 2011, and | 17 | | paragraph (2.1) of subsection (c) of Section 3 of this Act | 18 | | applies. | 19 | | (1.6)
First degree murder under Section 9-1 of the | 20 | | Criminal Code of 1961 or the Criminal Code of 2012,
| 21 | | provided the offense was sexually motivated as defined in | 22 | | Section 10 of the Sex Offender Management Board Act.
| 23 | | (1.7) (Blank).
| 24 | | (1.8) A violation or attempted violation of Section | 25 | | 11-11 (sexual
relations within families) of the Criminal | 26 | | Code of 1961 or the Criminal Code of 2012, and the offense |
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| 1 | | was committed on or after
June 1, 1997. If the offense was | 2 | | committed before June 1, 1997, it is a sex offense | 3 | | requiring registration only when the person is convicted | 4 | | of any felony after July 1, 2011, and paragraph (2.1) of | 5 | | subsection (c) of Section 3 of this Act applies.
| 6 | | (1.9) Child abduction under paragraph (10) of | 7 | | subsection
(b) of Section 10-5 of the Criminal Code of | 8 | | 1961 or the Criminal Code of 2012 committed by luring or
| 9 | | attempting to lure a child under the age of 16 into a motor | 10 | | vehicle, building,
house trailer, or dwelling place | 11 | | without the consent of the parent or lawful
custodian of | 12 | | the child for other than a lawful purpose and the offense | 13 | | was
committed on or after January 1, 1998, provided the | 14 | | offense was sexually motivated as defined in Section 10 of | 15 | | the Sex Offender Management Board Act. If the offense was | 16 | | committed before January 1, 1998, it is a sex offense | 17 | | requiring registration only when the person is convicted | 18 | | of any felony after July 1, 2011, and paragraph (2.1) of | 19 | | subsection (c) of Section 3 of this Act applies.
| 20 | | (1.10) A violation or attempted violation of any of | 21 | | the following Sections
of the Criminal Code of 1961 or the | 22 | | Criminal Code of 2012 when the offense was committed on or | 23 | | after July
1, 1999:
| 24 | | 10-4 (forcible detention, if the victim is under | 25 | | 18 years of age), provided the offense was sexually | 26 | | motivated as defined in Section 10 of the Sex Offender |
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| 1 | | Management Board Act,
| 2 | | 11-6.5 (indecent solicitation of an adult),
| 3 | | 11-14.3 that involves soliciting for a prostitute, | 4 | | or 11-15 (soliciting for a prostitute, if the victim | 5 | | is under 18 years
of age),
| 6 | | subdivision (a)(2)(A) or (a)(2)(B) of Section | 7 | | 11-14.3, or Section 11-16 (pandering, if the victim is | 8 | | under 18 years of age),
| 9 | | 11-18 (patronizing a prostitute, if the victim is | 10 | | under 18 years
of age),
| 11 | | subdivision (a)(2)(C) of Section 11-14.3, or | 12 | | Section 11-19 (pimping, if the victim is under 18 | 13 | | years of age).
| 14 | | If the offense was committed before July 1, 1999, it | 15 | | is a sex offense requiring registration only when the | 16 | | person is convicted of any felony after July 1, 2011, and | 17 | | paragraph (2.1) of subsection (c) of Section 3 of this Act | 18 | | applies. | 19 | | (1.11) A violation or attempted violation of any of | 20 | | the following
Sections of the Criminal Code of 1961 or the | 21 | | Criminal Code of 2012 when the offense was committed on or
| 22 | | after August 22, 2002:
| 23 | | 11-9 or 11-30 (public indecency for a third or | 24 | | subsequent conviction). | 25 | | If the third or subsequent conviction was imposed | 26 | | before August 22, 2002, it is a sex offense requiring |
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| 1 | | registration only when the person is convicted of any | 2 | | felony after July 1, 2011, and paragraph (2.1) of | 3 | | subsection (c) of Section 3 of this Act applies.
| 4 | | (1.12) A violation or attempted violation of Section
| 5 | | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the | 6 | | Criminal Code of 1961 or the Criminal Code of 2012 | 7 | | (permitting sexual abuse) when the
offense was committed | 8 | | on or after August 22, 2002. If the offense was committed | 9 | | before August 22, 2002, it is a sex offense requiring | 10 | | registration only when the person is convicted of any | 11 | | felony after July 1, 2011, and paragraph (2.1) of | 12 | | subsection (c) of Section 3 of this Act applies.
| 13 | | (1.13) A violation or attempted violation of Section | 14 | | 26-4 of the Criminal Code of 2012 (unauthorized video | 15 | | recording and live video transmission) if the court: (A) | 16 | | finds that the offense was sexually motivated as defined | 17 | | in Section 10 of the Sex Offender Management Board Act; | 18 | | and (B) in its discretion requires the person to register | 19 | | under this Act. | 20 | | (2) A violation of any former law of this State | 21 | | substantially equivalent
to any offense listed in | 22 | | subsection (B) of this Section.
| 23 | | (C) A conviction for an offense of federal law, Uniform | 24 | | Code of Military
Justice, or the law of another state
or a | 25 | | foreign country that is substantially equivalent to any | 26 | | offense listed
in subsections (B), (C), (E), and (E-5) of this |
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| 1 | | Section shall
constitute a
conviction for the purpose
of this | 2 | | Article. A finding or adjudication as a sexually dangerous | 3 | | person
or a sexually violent person under any federal law, | 4 | | Uniform Code of Military
Justice, or the law of another state | 5 | | or
foreign country that is substantially equivalent to the | 6 | | Sexually Dangerous
Persons Act or the Sexually Violent Persons | 7 | | Commitment Act shall constitute an
adjudication for the | 8 | | purposes of this Article.
| 9 | | (C-5) A person at least 17 years of age at the time of the | 10 | | commission of
the offense who is convicted of first degree | 11 | | murder under Section 9-1 of the
Criminal Code of 1961 or the | 12 | | Criminal Code of 2012, against a person
under 18 years of age, | 13 | | shall be required to register
for natural life.
A conviction | 14 | | for an offense of federal, Uniform Code of Military Justice,
| 15 | | sister state, or foreign country law that is substantially | 16 | | equivalent to any
offense listed in subsection (C-5) of this | 17 | | Section shall constitute a
conviction for the purpose of this | 18 | | Article. This subsection (C-5) applies to a person who | 19 | | committed the offense before June 1, 1996 if: (i) the person is | 20 | | incarcerated in an Illinois Department of Corrections facility | 21 | | on August 20, 2004 (the effective date of Public Act 93-977), | 22 | | or (ii) subparagraph (i) does not apply and the person is | 23 | | convicted of any felony after July 1, 2011, and paragraph | 24 | | (2.1) of subsection (c) of Section 3 of this Act applies.
| 25 | | (C-6) A person who is convicted or adjudicated delinquent | 26 | | of first degree murder as defined in Section 9-1 of the |
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| 1 | | Criminal Code of 1961 or the Criminal Code of 2012, against a | 2 | | person 18 years of age or over, shall be required to register | 3 | | for his or her natural life. A conviction for an offense of | 4 | | federal, Uniform Code of Military Justice, sister state, or | 5 | | foreign country law that is substantially equivalent to any | 6 | | offense listed in subsection (C-6) of this Section shall | 7 | | constitute a conviction for the purpose of this Article. This | 8 | | subsection (C-6) does not apply to those individuals released | 9 | | from incarceration more than 10 years prior to January 1, 2012 | 10 | | (the effective date of Public Act 97-154). | 11 | | (D) As used in this Article, "law enforcement agency | 12 | | having jurisdiction"
means the Chief of Police in each of the | 13 | | municipalities in which the sex offender
expects to reside, | 14 | | work, or attend school (1) upon his or her discharge,
parole or | 15 | | release or
(2) during the service of his or her sentence of | 16 | | probation or conditional
discharge, or the Sheriff of the | 17 | | county, in the event no Police Chief exists
or if the offender | 18 | | intends to reside, work, or attend school in an
unincorporated | 19 | | area.
"Law enforcement agency having jurisdiction" includes | 20 | | the location where
out-of-state students attend school and | 21 | | where out-of-state employees are
employed or are otherwise | 22 | | required to register.
| 23 | | (D-1) As used in this Article, "supervising officer" means | 24 | | the assigned Illinois Department of Corrections parole agent | 25 | | or county probation officer. | 26 | | (E) As used in this Article, "sexual predator" means any |
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| 1 | | person who,
after July 1, 1999, is:
| 2 | | (1) Convicted for an offense of federal, Uniform Code | 3 | | of Military
Justice, sister state, or foreign country law | 4 | | that is substantially equivalent
to any offense listed in | 5 | | subsection (E) or (E-5) of this Section shall constitute a
| 6 | | conviction for the purpose of this Article.
Convicted of a | 7 | | violation or attempted violation of any of the following
| 8 | | Sections of the
Criminal Code of 1961 or the Criminal Code | 9 | | of 2012:
| 10 | | 10-5.1 (luring of a minor), | 11 | | 11-14.4 that involves keeping a place of juvenile | 12 | | prostitution, or 11-17.1 (keeping a place of juvenile | 13 | | prostitution),
| 14 | | subdivision (a)(2) or (a)(3) of Section 11-14.4, | 15 | | or Section 11-19.1 (juvenile pimping),
| 16 | | subdivision (a)(4) of Section 11-14.4, or Section | 17 | | 11-19.2 (exploitation of a child),
| 18 | | 11-20.1 (child pornography),
| 19 | | 11-20.1B or 11-20.3 (aggravated child | 20 | | pornography), | 21 | | 11-1.20 or 12-13 (criminal sexual assault),
| 22 | | 11-1.30 or 12-14 (aggravated criminal sexual | 23 | | assault),
| 24 | | 11-1.40 or 12-14.1 (predatory criminal sexual | 25 | | assault of a child),
| 26 | | 11-1.60 or 12-16 (aggravated criminal sexual |
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| 1 | | abuse),
| 2 | | 12-33 (ritualized abuse of a child);
| 3 | | (2) (blank);
| 4 | | (3) declared as a sexually dangerous person pursuant | 5 | | to the Sexually
Dangerous Persons Act or any substantially | 6 | | similar federal, Uniform Code of
Military Justice, sister | 7 | | state, or
foreign country law;
| 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;
| 12 | | (5) convicted of a second or subsequent offense which | 13 | | requires
registration pursuant to this Act. For purposes | 14 | | of this paragraph
(5), "convicted" shall include a | 15 | | conviction under any
substantially similar
Illinois, | 16 | | federal, Uniform Code of Military Justice, sister state, | 17 | | or
foreign country law;
| 18 | | (6) (blank); or | 19 | | (7) if the person was convicted of an offense set | 20 | | forth in this subsection (E) on or before July 1, 1999, the | 21 | | person is a sexual predator for whom registration is | 22 | | required only when the person is convicted of a felony | 23 | | offense after July 1, 2011, and paragraph (2.1) of | 24 | | subsection (c) of Section 3 of this Act applies. | 25 | | (E-5) As used in this Article, "sexual predator" also | 26 | | means a person convicted of a violation or attempted violation |
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| 1 | | of any of the following
Sections of the
Criminal Code of 1961 | 2 | | or the Criminal Code of 2012: | 3 | | (1) Section 9-1 (first degree murder,
when the victim | 4 | | was a person under 18 years of age and the defendant was at | 5 | | least
17 years of age at the time of the commission of the | 6 | | offense, provided the offense was sexually motivated as | 7 | | defined in Section 10 of the Sex Offender Management Board | 8 | | Act); | 9 | | (2) Section 11-9.5 (sexual misconduct with a person | 10 | | with a disability); | 11 | | (3) when the victim is a person under 18 years of age, | 12 | | the
defendant is not a parent of the victim, the offense | 13 | | was sexually motivated as defined in Section 10 of the Sex | 14 | | Offender Management Board Act, and the offense was | 15 | | committed on or
after January 1, 1996: (A) Section 10-1 | 16 | | (kidnapping), (B) Section 10-2 (aggravated kidnapping), | 17 | | (C) Section 10-3 (unlawful restraint), and (D) Section | 18 | | 10-3.1 (aggravated unlawful restraint); and | 19 | | (4) Section 10-5(b)(10) (child abduction committed by | 20 | | luring or
attempting to lure a child under the age of 16 | 21 | | into a motor vehicle, building,
house trailer, or dwelling | 22 | | place without the consent of the parent or lawful
| 23 | | custodian of the child for other than a lawful purpose and | 24 | | the offense was
committed on or after January 1, 1998, | 25 | | provided the offense was sexually motivated as defined in | 26 | | Section 10 of the Sex Offender Management Board Act). |
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| 1 | | (E-10) As used in this Article, "sexual predator" also | 2 | | means a person required to register in another State due to a | 3 | | conviction, adjudication or other action of any court | 4 | | triggering an obligation to register as a sex offender, sexual | 5 | | predator, or substantially similar status under the laws of | 6 | | that State. | 7 | | (F) As used in this Article, "out-of-state student" means | 8 | | any sex
offender, as defined in this Section,
or sexual | 9 | | predator who is enrolled in Illinois, on a full-time or | 10 | | part-time
basis, in any public or private educational | 11 | | institution, including, but not
limited to, any secondary | 12 | | school, trade or professional institution, or
institution of | 13 | | higher learning.
| 14 | | (G) As used in this Article, "out-of-state employee" means | 15 | | any sex
offender, as defined in this Section,
or sexual | 16 | | predator who works in Illinois, regardless of whether the | 17 | | individual
receives payment for services performed, for a | 18 | | period of time of 10 or more days
or for an aggregate period of | 19 | | time of 30 or more days
during any calendar year.
Persons who | 20 | | operate motor vehicles in the State accrue one day of | 21 | | employment
time for any portion of a day spent in Illinois.
| 22 | | (H) As used in this Article, "school" means any public or | 23 | | private educational institution, including, but not limited | 24 | | to, any elementary or secondary school, trade or professional | 25 | | institution, or institution of higher education. | 26 | | (I) As used in this Article, "fixed residence" means any |
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| 1 | | and all places that a sex offender resides for an aggregate | 2 | | period of time of 5 or more days in a calendar year.
| 3 | | (J) As used in this Article, "Internet protocol address" | 4 | | means the string of numbers by which a location on the Internet | 5 | | is identified by routers or other computers connected to the | 6 | | Internet. | 7 | | (Source: P.A. 100-428, eff. 1-1-18 .)
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