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90_SB0172eng
730 ILCS 150/2 from Ch. 38, par. 222
730 ILCS 150/3 from Ch. 38, par. 223
730 ILCS 150/6 from Ch. 38, par. 226
730 ILCS 152/105
730 ILCS 152/110
730 ILCS 152/126 new
Amends the Sex Offender Registration Act. Includes in
the definition of a sex offense child abduction committed by
intentionally luring or attempting to lure a child under 16
years of age into a vehicle or dwelling place without
parental consent for an unlawful purpose. Requires a sex
offender in addition to registering with the law enforcement
agency in the municipality or county in which the offender
resides, to also register with the law enforcement agency of
the municipality or county in which the offender is employed.
Amends the Child Sex Offender and Murderer Community
Notification Law. Provides that law enforcement agencies must
inform child care facilities and schools of identifying
information concerning child sex offenders employed in the
municipalities and counties where these facilities are
located.
LRB9000810RCksA
SB172 Engrossed LRB9000810RCksA
1 AN ACT in relation to sex offenders, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 2. The Unified Code of Corrections is amended by
5 changing Section 5-4-1 as follows:
6 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
7 (Text of Section before amendment by P.A. 89-507)
8 Sec. 5-4-1. Sentencing Hearing.
9 (a) Except when the death penalty is sought under
10 hearing procedures otherwise specified, after a determination
11 of guilt, a hearing shall be held to impose the sentence.
12 However, prior to the imposition of sentence on an individual
13 being sentenced for an offense based upon a charge for a
14 violation of Section 11-501 of The Illinois Vehicle Code or a
15 similar provision of a local ordinance, the individual must
16 undergo a professional evaluation to determine if an alcohol
17 or other drug abuse problem exists and the extent of such a
18 problem. Programs conducting these evaluations shall be
19 licensed by the Department of Alcoholism and Substance Abuse.
20 However, if the individual is not a resident of Illinois, the
21 court may, in its discretion, accept an evaluation from a
22 program in the state of such individual's residence. The
23 court may in its sentencing order approve an eligible
24 defendant for placement in a Department of Corrections impact
25 incarceration program as provided in Section 5-8-1.1. At the
26 hearing the court shall:
27 (1) consider the evidence, if any, received upon
28 the trial;
29 (2) consider any presentence reports;
30 (3) consider the financial impact of incarceration
31 based on the financial impact statement filed with the
SB172 Engrossed -2- LRB9000810RCksA
1 clerk of the court by the Department of Corrections;
2 (4) consider evidence and information offered by
3 the parties in aggravation and mitigation;
4 (5) hear arguments as to sentencing alternatives;
5 (6) afford the defendant the opportunity to make a
6 statement in his own behalf;
7 (7) afford the victim of a violent crime or a
8 violation of Section 11-501 of the Illinois Vehicle Code,
9 or a similar provision of a local ordinance, committed by
10 the defendant the opportunity to make a statement
11 concerning the impact on the victim and to offer evidence
12 in aggravation or mitigation; provided that the statement
13 and evidence offered in aggravation or mitigation must
14 first be prepared in writing in conjunction with the
15 State's Attorney before it may be presented orally at the
16 hearing. Any sworn testimony offered by the victim is
17 subject to the defendant's right to cross-examine. All
18 statements and evidence offered under this paragraph (7)
19 shall become part of the record of the court; and
20 (8) in cases of reckless homicide afford the
21 victim's spouse, guardians, parents or other immediate
22 family members an opportunity to make oral statements.
23 (b) All sentences shall be imposed by the judge based
24 upon his independent assessment of the elements specified
25 above and any agreement as to sentence reached by the
26 parties. The judge who presided at the trial or the judge
27 who accepted the plea of guilty shall impose the sentence
28 unless he is no longer sitting as a judge in that court.
29 Where the judge does not impose sentence at the same time on
30 all defendants who are convicted as a result of being
31 involved in the same offense, the defendant or the State's
32 attorney may advise the sentencing court of the disposition
33 of any other defendants who have been sentenced.
34 (c) In imposing a sentence for a violent crime or for an
SB172 Engrossed -3- LRB9000810RCksA
1 offense of operating or being in physical control of a
2 vehicle while under the influence of alcohol, any other drug
3 or any combination thereof, or a similar provision of a local
4 ordinance, when such offense resulted in the personal injury
5 to someone other than the defendant, the trial judge shall
6 specify on the record the particular evidence, information,
7 factors in mitigation and aggravation or other reasons that
8 led to his sentencing determination. The full verbatim record
9 of the sentencing hearing shall be filed with the clerk of
10 the court and shall be a public record.
11 (c-1) In imposing a sentence for the offense of
12 aggravated kidnapping for ransom, home invasion, armed
13 robbery, aggravated vehicular hijacking, aggravated discharge
14 of a firearm, or armed violence with a category I weapon or
15 category II weapon, the trial judge shall make a finding as
16 to whether the conduct leading to conviction for the offense
17 resulted in great bodily harm to a victim, and shall enter
18 that finding and the basis for that finding in the record.
19 (c-2) If the defendant is sentenced to prison, other
20 than when a sentence of natural life imprisonment or a
21 sentence of death is imposed, at the time the sentence is
22 imposed the judge shall state on the record in open court the
23 approximate period of time the defendant will serve in
24 custody according to the then current statutory rules and
25 regulations for early release found in Section 3-6-3 and
26 other related provisions of this Code. This statement is
27 intended solely to inform the public, has no legal effect on
28 the defendant's actual release, and may not be relied on by
29 the defendant on appeal.
30 The judge's statement, to be given after pronouncing the
31 sentence, other than when the sentence is imposed for one of
32 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
33 shall include the following:
34 "The purpose of this statement is to inform the public of
SB172 Engrossed -4- LRB9000810RCksA
1 the actual period of time this defendant is likely to spend
2 in prison as a result of this sentence. The actual period of
3 prison time served is determined by the statutes of Illinois
4 as applied to this sentence by the Illinois Department of
5 Corrections and the Illinois Prisoner Review Board. In this
6 case, assuming the defendant receives all of his or her good
7 conduct credit, the period of estimated actual custody is ...
8 years and ... months, less up to 180 days additional good
9 conduct credit for meritorious service. If the defendant,
10 because of his or her own misconduct or failure to comply
11 with the institutional regulations, does not receive those
12 credits, the actual time served in prison will be longer.
13 The defendant may also receive an additional one-half day
14 good conduct credit for each day of participation in
15 vocational, industry, substance abuse, and educational
16 programs as provided for by Illinois statute."
17 When the sentence is imposed for one of the offenses
18 enumerated in paragraph (a)(3) of Section 3-6-3, other than
19 when the sentence is imposed for one of the offenses
20 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
21 or after the effective date of this amendatory Act of 1995,
22 the judge's statement, to be given after pronouncing the
23 sentence, shall include the following:
24 "The purpose of this statement is to inform the public of
25 the actual period of time this defendant is likely to spend
26 in prison as a result of this sentence. The actual period of
27 prison time served is determined by the statutes of Illinois
28 as applied to this sentence by the Illinois Department of
29 Corrections and the Illinois Prisoner Review Board. In this
30 case, assuming the defendant receives all of his or her good
31 conduct credit, the period of estimated actual custody is ...
32 years and ... months, less up to 90 days additional good
33 conduct credit for meritorious service. If the defendant,
34 because of his or her own misconduct or failure to comply
SB172 Engrossed -5- LRB9000810RCksA
1 with the institutional regulations, does not receive those
2 credits, the actual time served in prison will be longer.
3 The defendant may also receive an additional one-half day
4 good conduct credit for each day of participation in
5 vocational, industry, substance abuse, and educational
6 programs as provided for by Illinois statute."
7 When the sentence is imposed for one of the offenses
8 enumerated in paragraph (a)(2) of Section 3-6-3, other than
9 first degree murder, and the offense was committed on or
10 after the effective date of this amendatory Act of 1995, the
11 judge's statement, to be given after pronouncing the
12 sentence, shall include the following:
13 "The purpose of this statement is to inform the public of
14 the actual period of time this defendant is likely to spend
15 in prison as a result of this sentence. The actual period of
16 prison time served is determined by the statutes of Illinois
17 as applied to this sentence by the Illinois Department of
18 Corrections and the Illinois Prisoner Review Board. In this
19 case, the defendant is entitled to no more than 4 1/2 days of
20 good conduct credit for each month of his or her sentence of
21 imprisonment. Therefore, this defendant will serve at least
22 85% of his or her sentence. Assuming the defendant receives
23 4 1/2 days credit for each month of his or her sentence, the
24 period of estimated actual custody is ... years and ...
25 months. If the defendant, because of his or her own
26 misconduct or failure to comply with the institutional
27 regulations receives lesser credit, the actual time served in
28 prison will be longer."
29 When a sentence of imprisonment is imposed for first
30 degree murder and the offense was committed on or after the
31 effective date of this amendatory Act of 1995, the judge's
32 statement, to be given after pronouncing the sentence, shall
33 include the following:
34 "The purpose of this statement is to inform the public of
SB172 Engrossed -6- LRB9000810RCksA
1 the actual period of time this defendant is likely to spend
2 in prison as a result of this sentence. The actual period of
3 prison time served is determined by the statutes of Illinois
4 as applied to this sentence by the Illinois Department of
5 Corrections and the Illinois Prisoner Review Board. In this
6 case, the defendant is not entitled to good conduct credit.
7 Therefore, this defendant will serve 100% of his or her
8 sentence."
9 (d) When the defendant is committed to the Department of
10 Corrections, the State's Attorney shall and counsel for the
11 defendant may file a statement with the clerk of the court to
12 be transmitted to the department, agency or institution to
13 which the defendant is committed to furnish such department,
14 agency or institution with the facts and circumstances of the
15 offense for which the person was committed together with all
16 other factual information accessible to them in regard to the
17 person prior to his commitment relative to his habits,
18 associates, disposition and reputation and any other facts
19 and circumstances which may aid such department, agency or
20 institution during its custody of such person. The clerk
21 shall within 10 days after receiving any such statements
22 transmit a copy to such department, agency or institution and
23 a copy to the other party, provided, however, that this shall
24 not be cause for delay in conveying the person to the
25 department, agency or institution to which he has been
26 committed.
27 (e) The clerk of the court shall transmit to the
28 department, agency or institution, if any, to which the
29 defendant is committed, the following:
30 (1) the sentence imposed;
31 (2) any statement by the court of the basis for
32 imposing the sentence;
33 (3) any presentence reports;
34 (4) the number of days, if any, which the defendant
SB172 Engrossed -7- LRB9000810RCksA
1 has been in custody and for which he is entitled to
2 credit against the sentence, which information shall be
3 provided to the clerk by the sheriff;
4 (4.1) any finding of great bodily harm made by the
5 court with respect to an offense enumerated in subsection
6 (c-1);
7 (5) all statements filed under subsection (d) of
8 this Section;
9 (6) any medical or mental health records or
10 summaries of the defendant;
11 (7) the municipality where the arrest of the
12 offender or the commission of the offense has occurred,
13 where such municipality has a population of more than
14 25,000 persons;
15 (8) all statements made and evidence offered under
16 paragraph (7) of subsection (a) of this Section; and
17 (9) all additional matters which the court directs
18 the clerk to transmit.
19 (Source: P.A. 89-404, eff. 8-20-95.)
20 (Text of Section after amendment by P.A. 89-507)
21 Sec. 5-4-1. Sentencing Hearing.
22 (a) Except when the death penalty is sought under
23 hearing procedures otherwise specified, after a determination
24 of guilt, a hearing shall be held to impose the sentence.
25 However, prior to the imposition of sentence on an individual
26 being sentenced for an offense based upon a charge for a
27 violation of Section 11-501 of the Illinois Vehicle Code or a
28 similar provision of a local ordinance, the individual must
29 undergo a professional evaluation to determine if an alcohol
30 or other drug abuse problem exists and the extent of such a
31 problem. Programs conducting these evaluations shall be
32 licensed by the Department of Human Services. However, if
33 the individual is not a resident of Illinois, the court may,
34 in its discretion, accept an evaluation from a program in the
SB172 Engrossed -8- LRB9000810RCksA
1 state of such individual's residence. The court may in its
2 sentencing order approve an eligible defendant for placement
3 in a Department of Corrections impact incarceration program
4 as provided in Section 5-8-1.1. At the hearing the court
5 shall:
6 (1) consider the evidence, if any, received upon
7 the trial;
8 (2) consider any presentence reports;
9 (3) consider the financial impact of incarceration
10 based on the financial impact statement filed with the
11 clerk of the court by the Department of Corrections;
12 (4) consider evidence and information offered by
13 the parties in aggravation and mitigation;
14 (5) hear arguments as to sentencing alternatives;
15 (6) afford the defendant the opportunity to make a
16 statement in his own behalf;
17 (7) afford the victim of a violent crime or a
18 violation of Section 11-501 of the Illinois Vehicle Code,
19 or a similar provision of a local ordinance, committed by
20 the defendant the opportunity to make a statement
21 concerning the impact on the victim and to offer evidence
22 in aggravation or mitigation; provided that the statement
23 and evidence offered in aggravation or mitigation must
24 first be prepared in writing in conjunction with the
25 State's Attorney before it may be presented orally at the
26 hearing. Any sworn testimony offered by the victim is
27 subject to the defendant's right to cross-examine. All
28 statements and evidence offered under this paragraph (7)
29 shall become part of the record of the court; and
30 (8) in cases of reckless homicide afford the
31 victim's spouse, guardians, parents or other immediate
32 family members an opportunity to make oral statements.
33 (b) All sentences shall be imposed by the judge based
34 upon his independent assessment of the elements specified
SB172 Engrossed -9- LRB9000810RCksA
1 above and any agreement as to sentence reached by the
2 parties. The judge who presided at the trial or the judge
3 who accepted the plea of guilty shall impose the sentence
4 unless he is no longer sitting as a judge in that court.
5 Where the judge does not impose sentence at the same time on
6 all defendants who are convicted as a result of being
7 involved in the same offense, the defendant or the State's
8 attorney may advise the sentencing court of the disposition
9 of any other defendants who have been sentenced.
10 (c) In imposing a sentence for a violent crime or for an
11 offense of operating or being in physical control of a
12 vehicle while under the influence of alcohol, any other drug
13 or any combination thereof, or a similar provision of a local
14 ordinance, when such offense resulted in the personal injury
15 to someone other than the defendant, the trial judge shall
16 specify on the record the particular evidence, information,
17 factors in mitigation and aggravation or other reasons that
18 led to his sentencing determination. The full verbatim record
19 of the sentencing hearing shall be filed with the clerk of
20 the court and shall be a public record.
21 (c-1) In imposing a sentence for the offense of
22 aggravated kidnapping for ransom, home invasion, armed
23 robbery, aggravated vehicular hijacking, aggravated discharge
24 of a firearm, or armed violence with a category I weapon or
25 category II weapon, the trial judge shall make a finding as
26 to whether the conduct leading to conviction for the offense
27 resulted in great bodily harm to a victim, and shall enter
28 that finding and the basis for that finding in the record.
29 (c-2) If the defendant is sentenced to prison, other
30 than when a sentence of natural life imprisonment or a
31 sentence of death is imposed, at the time the sentence is
32 imposed the judge shall state on the record in open court the
33 approximate period of time the defendant will serve in
34 custody according to the then current statutory rules and
SB172 Engrossed -10- LRB9000810RCksA
1 regulations for early release found in Section 3-6-3 and
2 other related provisions of this Code. This statement is
3 intended solely to inform the public, has no legal effect on
4 the defendant's actual release, and may not be relied on by
5 the defendant on appeal.
6 The judge's statement, to be given after pronouncing the
7 sentence, other than when the sentence is imposed for one of
8 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
9 shall include the following:
10 "The purpose of this statement is to inform the public of
11 the actual period of time this defendant is likely to spend
12 in prison as a result of this sentence. The actual period of
13 prison time served is determined by the statutes of Illinois
14 as applied to this sentence by the Illinois Department of
15 Corrections and the Illinois Prisoner Review Board. In this
16 case, assuming the defendant receives all of his or her good
17 conduct credit, the period of estimated actual custody is ...
18 years and ... months, less up to 180 days additional good
19 conduct credit for meritorious service. If the defendant,
20 because of his or her own misconduct or failure to comply
21 with the institutional regulations, does not receive those
22 credits, the actual time served in prison will be longer.
23 The defendant may also receive an additional one-half day
24 good conduct credit for each day of participation in
25 vocational, industry, substance abuse, and educational
26 programs as provided for by Illinois statute."
27 When the sentence is imposed for one of the offenses
28 enumerated in paragraph (a)(3) of Section 3-6-3, other than
29 when the sentence is imposed for one of the offenses
30 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
31 or after the effective date of this amendatory Act of 1995,
32 the judge's statement, to be given after pronouncing the
33 sentence, shall include the following:
34 "The purpose of this statement is to inform the public of
SB172 Engrossed -11- LRB9000810RCksA
1 the actual period of time this defendant is likely to spend
2 in prison as a result of this sentence. The actual period of
3 prison time served is determined by the statutes of Illinois
4 as applied to this sentence by the Illinois Department of
5 Corrections and the Illinois Prisoner Review Board. In this
6 case, assuming the defendant receives all of his or her good
7 conduct credit, the period of estimated actual custody is ...
8 years and ... months, less up to 90 days additional good
9 conduct credit for meritorious service. If the defendant,
10 because of his or her own misconduct or failure to comply
11 with the institutional regulations, does not receive those
12 credits, the actual time served in prison will be longer.
13 The defendant may also receive an additional one-half day
14 good conduct credit for each day of participation in
15 vocational, industry, substance abuse, and educational
16 programs as provided for by Illinois statute."
17 When the sentence is imposed for one of the offenses
18 enumerated in paragraph (a)(2) of Section 3-6-3, other than
19 first degree murder, and the offense was committed on or
20 after the effective date of this amendatory Act of 1995, the
21 judge's statement, to be given after pronouncing the
22 sentence, shall include the following:
23 "The purpose of this statement is to inform the public of
24 the actual period of time this defendant is likely to spend
25 in prison as a result of this sentence. The actual period of
26 prison time served is determined by the statutes of Illinois
27 as applied to this sentence by the Illinois Department of
28 Corrections and the Illinois Prisoner Review Board. In this
29 case, the defendant is entitled to no more than 4 1/2 days of
30 good conduct credit for each month of his or her sentence of
31 imprisonment. Therefore, this defendant will serve at least
32 85% of his or her sentence. Assuming the defendant receives
33 4 1/2 days credit for each month of his or her sentence, the
34 period of estimated actual custody is ... years and ...
SB172 Engrossed -12- LRB9000810RCksA
1 months. If the defendant, because of his or her own
2 misconduct or failure to comply with the institutional
3 regulations receives lesser credit, the actual time served in
4 prison will be longer."
5 When a sentence of imprisonment is imposed for first
6 degree murder and the offense was committed on or after the
7 effective date of this amendatory Act of 1995, the judge's
8 statement, to be given after pronouncing the sentence, shall
9 include the following:
10 "The purpose of this statement is to inform the public of
11 the actual period of time this defendant is likely to spend
12 in prison as a result of this sentence. The actual period of
13 prison time served is determined by the statutes of Illinois
14 as applied to this sentence by the Illinois Department of
15 Corrections and the Illinois Prisoner Review Board. In this
16 case, the defendant is not entitled to good conduct credit.
17 Therefore, this defendant will serve 100% of his or her
18 sentence."
19 (c-3) In imposing a sentence for the offense of child
20 abduction under paragraph (10) of subsection (b) of Section
21 10-5 of the Criminal Code of 1961, for purposes of the Sex
22 Offender Registration Act, the trial judge shall make a
23 finding as to whether the conduct was committed for the
24 unlawful purpose of committing or attempting to commit one of
25 the following offenses: child pornography, indecent
26 solicitation of a child, sexual exploitation of a child,
27 soliciting for a juvenile prostitute, patronizing a juvenile
28 prostitute, keeping a place of juvenile prostitution,
29 juvenile pimping, exploitation of a child, criminal sexual
30 assault, aggravated criminal sexual assault, predatory
31 criminal sexual assault of a child, criminal sexual abuse,
32 aggravated criminal sexual abuse, or ritualized abuse of a
33 child.
34 (d) When the defendant is committed to the Department of
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1 Corrections, the State's Attorney shall and counsel for the
2 defendant may file a statement with the clerk of the court to
3 be transmitted to the department, agency or institution to
4 which the defendant is committed to furnish such department,
5 agency or institution with the facts and circumstances of the
6 offense for which the person was committed together with all
7 other factual information accessible to them in regard to the
8 person prior to his commitment relative to his habits,
9 associates, disposition and reputation and any other facts
10 and circumstances which may aid such department, agency or
11 institution during its custody of such person. The clerk
12 shall within 10 days after receiving any such statements
13 transmit a copy to such department, agency or institution and
14 a copy to the other party, provided, however, that this shall
15 not be cause for delay in conveying the person to the
16 department, agency or institution to which he has been
17 committed.
18 (e) The clerk of the court shall transmit to the
19 department, agency or institution, if any, to which the
20 defendant is committed, the following:
21 (1) the sentence imposed;
22 (2) any statement by the court of the basis for
23 imposing the sentence;
24 (3) any presentence reports;
25 (4) the number of days, if any, which the defendant
26 has been in custody and for which he is entitled to
27 credit against the sentence, which information shall be
28 provided to the clerk by the sheriff;
29 (4.1) any finding of great bodily harm made by the
30 court with respect to an offense enumerated in subsection
31 (c-1);
32 (5) all statements filed under subsection (d) of
33 this Section;
34 (6) any medical or mental health records or
SB172 Engrossed -14- LRB9000810RCksA
1 summaries of the defendant;
2 (7) the municipality where the arrest of the
3 offender or the commission of the offense has occurred,
4 where such municipality has a population of more than
5 25,000 persons;
6 (8) all statements made and evidence offered under
7 paragraph (7) of subsection (a) of this Section; and
8 (9) all additional matters which the court directs
9 the clerk to transmit.
10 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97.)
11 Section 5. The Sex Offender Registration Act is amended
12 by changing Sections 2, 3, and 6 as follows:
13 (730 ILCS 150/2) (from Ch. 38, par. 222)
14 Sec. 2. Definitions. As used in this Article, the
15 following definitions apply:
16 (A) "Sex offender" means any person who is:
17 (1) charged pursuant to Illinois law, or any
18 substantially similar federal or sister state law, with a
19 sex offense set forth in subsection (B) of this Section
20 or the attempt to commit an included sex offense, and:
21 (a) is convicted of such offense or an attempt
22 to commit such offense; or
23 (b) is found not guilty by reason of insanity
24 of such offense or an attempt to commit such
25 offense; or
26 (c) is found not guilty by reason of insanity
27 pursuant to Section 104-25(c) of the Code of
28 Criminal Procedure of 1963 of such offense or an
29 attempt to commit such offense; or
30 (d) is the subject of a finding not resulting
31 in an acquittal at a hearing conducted pursuant to
32 Section 104-25(a) of the Code of Criminal Procedure
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1 of 1963 for the alleged commission or attempted
2 commission of such offense; or
3 (e) is found not guilty by reason of insanity
4 following a hearing conducted pursuant to a federal
5 or sister state law substantially similar to Section
6 104-25(c) of the Code of Criminal Procedure of 1963
7 of such offense or of the attempted commission of
8 such offense; or
9 (f) is the subject of a finding not resulting
10 in an acquittal at a hearing conducted pursuant to a
11 federal or sister state law substantially similar to
12 Section 104-25(a) of the Code of Criminal Procedure
13 of 1963 for the alleged violation or attempted
14 commission of such offense; or
15 (2) certified as a sexually dangerous person
16 pursuant to the Illinois Sexually Dangerous Persons Act,
17 or any substantially similar federal or sister state law,
18 when any conduct giving rise to such certification is
19 committed or attempted against a person less than 18
20 years of age; or
21 (3) subject to the provisions of Section 2 of the
22 Interstate Agreements on Sexually Dangerous Persons Act.
23 Convictions that result from or are connected with the
24 same act, or result from offenses committed at the same time,
25 shall be counted for the purpose of this Article as one
26 conviction. Any conviction set aside pursuant to law is not
27 a conviction for purposes of this Article.
28 (B) As used in this Section, "sex offense" means:
29 (1) A violation of any of the following Sections of
30 the Criminal Code of 1961 when the violation is a felony:
31 11-20.1 (child pornography),
32 11-6 (indecent solicitation of a child),
33 11-9.1 (sexual exploitation of a child),
34 11-15.1 (soliciting for a juvenile prostitute),
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1 11-18.1 (patronizing a juvenile prostitute),
2 11-17.1 (keeping a place of juvenile
3 prostitution),
4 11-19.1 (juvenile pimping),
5 11-19.2 (exploitation of a child),
6 12-13 (criminal sexual assault),
7 12-14 (aggravated criminal sexual assault),
8 12-14.1 (predatory criminal sexual assault of a
9 child),
10 12-15 (criminal sexual abuse),
11 12-16 (aggravated criminal sexual abuse),
12 12-33 (ritualized abuse of a child).
13 An attempt to commit any of these offenses.
14 (1.5) A felony violation of any of the following
15 Sections of the Criminal Code of 1961, when the victim is
16 a person under 18 years of age, the defendant is not a
17 parent of the victim, and the offense was committed on or
18 after January 1, 1996:
19 10-1 (kidnapping),
20 10-2 (aggravated kidnapping),
21 10-3 (unlawful restraint),
22 10-3.1 (aggravated unlawful restraint).
23 An attempt to commit any of these offenses.
24 (1.6) First degree murder under Section 9-1 of the
25 Criminal Code of 1961 when the victim was a person under 18
26 years of age, the defendant was at least 17 years of age at
27 the time of the commission of the offense, and the offense
28 was committed on or after June 1, 1996.
29 (1.7) Child abduction under paragraph (10) of subsection
30 (b) of Section 10-5 of the Criminal Code of 1961 committed by
31 luring or attempting to lure a child under the age of 16 into
32 a motor vehicle, building, housetrailer, or dwelling place
33 without the consent of the parent or lawful custodian of the
34 child for other than a lawful purpose, when the court has
SB172 Engrossed -17- LRB9000810RCksA
1 made and entered a finding, pursuant to subsection (c-3) of
2 Section 5-4-1 of the Unified Code of Corrections, that the
3 conduct leading to conviction for child abduction under
4 paragraph (10) of subsection (b) of Section 10-5 of the
5 Criminal Code of 1961 was for the unlawful purpose of
6 committing or attempting to commit one of the offenses
7 enumerated in paragraph (1) of subsection (B) of this
8 Section, and the offense was committed on or after the
9 effective date of this amendatory Act of 1997.
10 (2) A violation of any former law of this State
11 substantially equivalent to any offense listed in
12 subsection (B)(1) of this Section.
13 (C) A conviction for an offense of federal law or the
14 law of another state that is substantially equivalent to any
15 offense listed in subsection (B) of this Section shall
16 constitute a conviction for the purpose of this Article. A
17 finding or adjudication as a sexually dangerous person under
18 any federal law or law of another state that is substantially
19 equivalent to the Sexually Dangerous Persons Act shall
20 constitute an adjudication for the purposes of this Article.
21 (C-5) A person at least 17 years of age at the time of
22 the commission of the offense who is convicted of first
23 degree murder under Section 9-1 of the Criminal Code of 1961,
24 committed on or after June 1, 1996 against a person under 18
25 years of age, shall be required to register for a period of
26 10 years after conviction or adjudication if not confined to
27 a penal institution, hospital, or any other institution or
28 facility, and if confined, for a period of 10 years after
29 parole, discharge, or release from the facility. Liability
30 for registration terminates at the expiration of 10 years
31 from the date of conviction or adjudication if not confined
32 in a penal institution, hospital, or any other institution or
33 facility, and if confined at the expiration of 10 years from
34 the date of parole, discharge, or release from any facility;
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1 provided that the child murderer does not, during that period
2 again become liable to register under the provisions of this
3 Article or the Child Sex Offender and Murderer Community
4 Notification Law.
5 (D) As used in this Article, "law enforcement agency
6 having jurisdiction" means the Chief of Police in the
7 municipality in which the sex offender expects to reside or
8 to be employed (1) upon his or her discharge, parole or
9 release or (2) during the service of his or her sentence of
10 probation or conditional discharge, or the Sheriff of the
11 county, in the event no Police Chief exists or if the
12 offender intends to reside or be employed in an
13 unincorporated area.
14 (Source: P.A. 88-467; 89-8, eff. 1-1-96; 89-428, eff. 6-1-96;
15 89-462, eff. 6-1-96.)
16 (730 ILCS 150/3) (from Ch. 38, par. 223)
17 Sec. 3. Duty to register.
18 (a) A sex offender shall, within the time period
19 prescribed in subsection (c), register in person:
20 (1) with the chief of police of the municipality in
21 which he or she resides or is temporarily domiciled for
22 more than 30 days, unless the municipality is the City of
23 Chicago, in which case he or she shall register at the
24 Chicago Police Department Headquarters; or
25 (2) with the sheriff of the county, if he or she
26 resides or is temporarily domiciled for more than 30 days
27 in an unincorporated area or, if incorporated, no police
28 chief exists.
29 (a-5) In addition to the registration requirements
30 imposed upon a sex offender by subsection (a), a sex offender
31 who is required to register under this Article and who is
32 employed on the effective date of this amendatory Act of
33 1997, within 30 days after the effective date of this
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1 amendatory Act of 1997 and a sex offender who is convicted on
2 or after the effective date of this amendatory Act of 1997,
3 within 30 days after employment shall register in person:
4 (1) with the chief of police of the municipality in
5 which he or she is employed, unless the municipality is
6 the City of Chicago, in which case he or she shall
7 register at the Chicago Police Department Headquarters;
8 or
9 (2) with the sheriff of the county, if he or she is
10 employed in an unincorporated area or, if incorporated,
11 no police chief exists.
12 (b) Any sex offender, regardless of any initial, prior
13 or other registration, shall, within 30 days of establishing
14 a residence, place of employment, or temporary domicile for
15 more than 30 days in any county, register in person as set
16 forth in subsection (a)(1), or (a)(2), or (a-5).
17 (c) The registration for any person required to register
18 under this Article shall be as follows:
19 (1) any person registered under the Habitual Child
20 Sex Offender Registration Act or the Child Sex Offender
21 Registration Act prior to January 1, 1996, shall be
22 deemed initially registered as of January 1, 1996;
23 however, this shall not be construed to extend the
24 duration of registration set forth in Section 7;
25 (2) except as provided in subsection (c)(4), any
26 person convicted or adjudicated prior to January 1, 1996,
27 whose liability for registration under Section 7 has not
28 expired, shall register in person prior to January 31,
29 1996;
30 (3) except as provided in subsection (c)(4), any
31 person convicted on or after January 1, 1996, shall
32 register in person within 30 days after the entry of the
33 sentencing order based upon his or her conviction; and
34 (4) any person unable to comply with the
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1 registration requirements of this Article because they
2 are confined, institutionalized, or imprisoned in
3 Illinois on or after January 1, 1996, shall register in
4 person within 30 days of discharge, parole or release.
5 (Source: P.A. 89-8, eff. 1-1-96.)
6 (730 ILCS 150/6) (from Ch. 38, par. 226)
7 Sec. 6. Duty to report; change of address or employment;
8 duty to inform. Any person required to register under this
9 Article shall report in person to the appropriate law
10 enforcement agency with whom he or she last registered one
11 year from the date of that registration and every year
12 thereafter. If any person required to register under this
13 Article changes his or her residence address or place of
14 employment, he or she shall, in writing, within 10 days
15 inform the law enforcement agency with whom he or she last
16 registered of his or her new address or new place of
17 employment and register with the appropriate law enforcement
18 agency within the time period specified in Section 3. The
19 law enforcement agency shall, within 3 days of receipt,
20 forward the information to the Department of State Police and
21 to the law enforcement agency having jurisdiction of the new
22 place of residence or new place of employment.
23 (Source: P.A. 89-8, eff. 1-1-96.)
24 Section 10. The Child Sex Offender and Murderer
25 Community Notification Law is amended by changing Sections
26 105 and 110 and adding Section 126 as follows:
27 (730 ILCS 152/105)
28 Sec. 105. Definitions. As used in this Article, the
29 following definitions apply:
30 "Child care facilities" has the meaning set forth in the
31 Child Care Act of 1969, but does not include licensed foster
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1 homes.
2 "Child sex offender" means any sex offender as defined in
3 the Sex Offender Registration Act whose victim was under the
4 age of 18 at the time the offense was committed but does not
5 include the offenses set forth in subsection (B)(1.5) of
6 Section 2 of that Act.
7 "Law enforcement agency having jurisdiction" means the
8 Chief of Police in the municipality in which the child sex
9 offender expects to reside or expects to be employed (1) upon
10 his or her discharge, parole or release or (2) during the
11 service of his or her sentence of probation or conditional
12 discharge, or the Sheriff of the county, in the event no
13 Police Chief exists or if the offender intends to reside or
14 be employed in an unincorporated area.
15 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
16 (730 ILCS 152/110)
17 Sec. 110. Registration. At the time a child sex
18 offender registers under Section 3 of the Sex Offender
19 Registration Act or reports a change of address under Section
20 6 of that Act, the offender shall notify the law enforcement
21 agency having jurisdiction with whom the offender registers
22 or reports a change of address or employment that the
23 offender is a child sex offender.
24 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
25 (730 ILCS 152/126 new)
26 Sec. 126. Community notification of registration of child
27 sex offenders employed in the community.
28 (a) The law enforcement agency having jurisdiction shall
29 disclose to the following the names, addresses, place of
30 employment, and offense or adjudication of all child sex
31 offenders registered under Section 3 of the Sex Offender
32 Registration Act or the change of address or employment of
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1 those offenders under Section 6 of that Act:
2 (1) School boards of public school districts and
3 the principal or other appropriate administrative officer
4 of each nonpublic school located in the county, other
5 than Cook County, where the child sex offender is
6 employed;
7 (2) Child care facilities located in the county,
8 other than Cook County, where the child sex offender is
9 employed;
10 (3) School boards of public school districts and
11 the principal or other appropriate administrative officer
12 of each nonpublic school located in the municipality
13 within Cook County, other than the City of Chicago, where
14 the child sex offender is employed, and if the child sex
15 offender is employed in an unincorporated area of Cook
16 County, school boards of public school districts and the
17 principal or other appropriate administrative officer of
18 each nonpublic school located in the township where the
19 child sex offender is employed;
20 (4) School boards of public school districts and
21 the principal or other appropriate administrative officer
22 of each nonpublic school located in the police district
23 where the child sex offender is employed if the offender
24 is employed in the City of Chicago;
25 (5) Child care facilities located in the
26 municipality within Cook County, other than the City of
27 Chicago, where the child sex offender is employed, and if
28 the child sex offender is employed in an unincorporated
29 area of Cook County, those child care facilities located
30 in the township where the child sex offender is employed;
31 and
32 (6) Child care facilities located in the police
33 district where the child sex offender is employed if the
34 offender is employed in the City of Chicago.