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90_HB0690
730 ILCS 150/2 from Ch. 38, par. 222
Amends the Sex Offender Registration Act. Provides that
a felony violation of forcible detention or child abduction
when the victim of either of these offenses is under 18 years
of age and the defendant is not a parent of the victim is a
sex offense under the Act. Effective immediately.
LRB9003714RCsb
LRB9003714RCsb
1 AN ACT to amend the Sex Offender Registration Act by
2 changing Section 2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Sex Offender Registration Act is amended
6 by changing Section 2 as follows:
7 (730 ILCS 150/2) (from Ch. 38, par. 222)
8 Sec. 2. Definitions. As used in this Article, the
9 following definitions apply:
10 (A) "Sex offender" means any person who is:
11 (1) charged pursuant to Illinois law, or any
12 substantially similar federal or sister state law, with a
13 sex offense set forth in subsection (B) of this Section
14 or the attempt to commit an included sex offense, and:
15 (a) is convicted of such offense or an attempt
16 to commit such offense; or
17 (b) is found not guilty by reason of insanity
18 of such offense or an attempt to commit such
19 offense; or
20 (c) is found not guilty by reason of insanity
21 pursuant to Section 104-25(c) of the Code of
22 Criminal Procedure of 1963 of such offense or an
23 attempt to commit such offense; or
24 (d) is the subject of a finding not resulting
25 in an acquittal at a hearing conducted pursuant to
26 Section 104-25(a) of the Code of Criminal Procedure
27 of 1963 for the alleged commission or attempted
28 commission of such offense; or
29 (e) is found not guilty by reason of insanity
30 following a hearing conducted pursuant to a federal
31 or sister state law substantially similar to Section
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1 104-25(c) of the Code of Criminal Procedure of 1963
2 of such offense or of the attempted commission of
3 such offense; or
4 (f) is the subject of a finding not resulting
5 in an acquittal at a hearing conducted pursuant to a
6 federal or sister state law substantially similar to
7 Section 104-25(a) of the Code of Criminal Procedure
8 of 1963 for the alleged violation or attempted
9 commission of such offense; or
10 (2) certified as a sexually dangerous person
11 pursuant to the Illinois Sexually Dangerous Persons Act,
12 or any substantially similar federal or sister state law,
13 when any conduct giving rise to such certification is
14 committed or attempted against a person less than 18
15 years of age; or
16 (3) subject to the provisions of Section 2 of the
17 Interstate Agreements on Sexually Dangerous Persons Act.
18 Convictions that result from or are connected with the
19 same act, or result from offenses committed at the same time,
20 shall be counted for the purpose of this Article as one
21 conviction. Any conviction set aside pursuant to law is not
22 a conviction for purposes of this Article.
23 (B) As used in this Section, "sex offense" means:
24 (1) A violation of any of the following Sections of
25 the Criminal Code of 1961 when the violation is a felony:
26 11-20.1 (child pornography),
27 11-6 (indecent solicitation of a child),
28 11-9.1 (sexual exploitation of a child),
29 11-15.1 (soliciting for a juvenile prostitute),
30 11-18.1 (patronizing a juvenile prostitute),
31 11-17.1 (keeping a place of juvenile
32 prostitution),
33 11-19.1 (juvenile pimping),
34 11-19.2 (exploitation of a child),
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1 12-13 (criminal sexual assault),
2 12-14 (aggravated criminal sexual assault),
3 12-14.1 (predatory criminal sexual assault of a
4 child),
5 12-15 (criminal sexual abuse),
6 12-16 (aggravated criminal sexual abuse),
7 12-33 (ritualized abuse of a child).
8 An attempt to commit any of these offenses.
9 (1.5) A felony violation of any of the following
10 Sections of the Criminal Code of 1961, when the victim is
11 a person under 18 years of age, the defendant is not a
12 parent of the victim, and the offense was committed on or
13 after January 1, 1996:
14 10-1 (kidnapping),
15 10-2 (aggravated kidnapping),
16 10-3 (unlawful restraint),
17 10-3.1 (aggravated unlawful restraint).
18 An attempt to commit any of these offenses.
19 (1.6) First degree murder under Section 9-1 of the
20 Criminal Code of 1961 when the victim was a person under 18
21 years of age, the defendant was at least 17 years of age at
22 the time of the commission of the offense, and the offense
23 was committed on or after June 1, 1996.
24 (1.7) A felony violation of any of the following
25 Sections of the Criminal Code of 1961, when the victim is a
26 person under 18 years of age, the defendant is not a parent
27 of the victim, and the offense was committed on or after the
28 effective date of this amendatory Act of 1997:
29 10-4 (forcible detention),
30 10-5 (child abduction.
31 (2) A violation of any former law of this State
32 substantially equivalent to any offense listed in
33 subsection (B)(1) of this Section.
34 (C) A conviction for an offense of federal law or the
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1 law of another state that is substantially equivalent to any
2 offense listed in subsection (B) of this Section shall
3 constitute a conviction for the purpose of this Article. A
4 finding or adjudication as a sexually dangerous person under
5 any federal law or law of another state that is substantially
6 equivalent to the Sexually Dangerous Persons Act shall
7 constitute an adjudication for the purposes of this Article.
8 (C-5) A person at least 17 years of age at the time of
9 the commission of the offense who is convicted of first
10 degree murder under Section 9-1 of the Criminal Code of 1961,
11 committed on or after June 1, 1996 against a person under 18
12 years of age, shall be required to register for a period of
13 10 years after conviction or adjudication if not confined to
14 a penal institution, hospital, or any other institution or
15 facility, and if confined, for a period of 10 years after
16 parole, discharge, or release from the facility. Liability
17 for registration terminates at the expiration of 10 years
18 from the date of conviction or adjudication if not confined
19 in a penal institution, hospital, or any other institution or
20 facility, and if confined at the expiration of 10 years from
21 the date of parole, discharge, or release from any facility;
22 provided that the child murderer does not, during that period
23 again become liable to register under the provisions of this
24 Article or the Child Sex Offender and Murderer Community
25 Notification Law.
26 (D) As used in this Article, "law enforcement agency
27 having jurisdiction" means the Chief of Police in the
28 municipality in which the sex offender expects to reside (1)
29 upon his or her discharge, parole or release or (2) during
30 the service of his or her sentence of probation or
31 conditional discharge, or the Sheriff of the county, in the
32 event no Police Chief exists or if the offender intends to
33 reside in an unincorporated area.
34 (Source: P.A. 88-467; 89-8, eff. 1-1-96; 89-428, eff. 6-1-96;
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1 89-462, eff. 6-1-96.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.