|
the minor.
|
(b) A person commits the offense of luring of a minor when |
the offender is at least 18 years of age but under 21 years of |
age and knowingly contacts or communicates electronically to |
the minor: |
(1) knowing the minor is under 15 years of age; |
(2) with the intent to persuade, lure, or transport the |
minor away from his or her home or other location known by |
the minor's parent or legal guardian, to be the place where |
the minor is to be located; |
(3) for an unlawful purpose; |
(4) without the express consent of the person's parent |
or legal guardian; |
(5) with the intent to avoid the express consent of the |
person's parent or legal guardian; |
(6) after so communicating, commits any act in |
furtherance of the intent described in clause (b)(2); and |
(7) is a stranger to the parents or legal guardian of |
the minor. |
(c) Definitions. For purposes of this Section: |
(1) "Emergency situation" means a situation in which |
the minor is threatened with imminent bodily harm, |
emotional harm or psychological harm. |
(2) "Express consent" means oral or written permission |
that is positive, direct, and unequivocal, requiring no |
inference or implication to supply its meaning. |
|
(3) "Contacts or communicates electronically" includes |
but is not limited to, any attempt to make contact or |
communicate telephonically or through the Internet or text |
messages. |
(4) "Luring" shall mean any knowing act to solicit, |
entice, tempt, or attempt to attract the minor. |
(5) "Minor" shall mean any person under the age of 15. |
(6) "Stranger" shall have its common and ordinary |
meaning, including but not limited to, a person that is |
either not known by the parents of the minor or does not |
have any association with the parents of the minor. |
(7) "Unlawful purpose" shall mean any misdemeanor or |
felony violation of State law or a similar federal or |
sister state law or local ordinance. |
(d) This Section may not be interpreted to criminalize an |
act or person contacting a minor within the scope and course of |
his employment, or status as a volunteer of a recognized civic, |
charitable or youth organization. |
(e) This Section is intended to protect minors and to help |
parents and legal guardians exercise reasonable care, |
supervision, protection, and control over minor children. |
(f) Affirmative defenses. |
(1) It shall be an affirmative defense to any offense |
under this Section 10-5.1 that the accused reasonably |
believed that the minor was over the age of 15. |
(2) It shall be an affirmative defense to any offense |
|
under this Section 10-5.1 that the accused is assisting the |
minor in an emergency situation. |
(3) It shall not be a defense to the prosecution of any |
offense under this Section 10-5.1 if the person who is |
contacted by the offender is posing as a minor and is in |
actuality an adult law enforcement officer. |
(g) Penalties. |
(1) A first offense of luring of a minor under |
subsection (a) shall be a Class 4 felony. A person |
convicted of luring of a minor under subsection (a) shall |
undergo a sex offender evaluation prior to a sentence being |
imposed. An offense of luring of a minor under subsection |
(a) when a person has a prior conviction in Illinois of a |
sex offense as defined in the Sex Offender Registration |
Act, or any substantially similar federal, Uniform Code of |
Military Justice, sister state, or foreign government |
offense, is guilty of a Class 2 felony. |
(2) A first offense of luring of a minor under |
subsection (b) is a Class B misdemeanor. |
(3) A second or subsequent offense of luring of a minor |
under subsection (a) is a Class 3 felony. A second or |
subsequent offense of luring of a minor under subsection |
(b) is a Class 4 felony. A second or subsequent offense |
when a person has a prior conviction in Illinois of a sex |
offense as defined in the Sex Offender Registration Act, or |
any substantially similar federal, Uniform Code of |
|
Military Justice, sister state, or foreign government |
offense, is a Class 1 felony. A defendant convicted a |
second time of an offense under subsection (a) or (b) shall |
register as a sexual predator of children pursuant to the |
Sex Offender Registration Act. |
(4) A third or subsequent offense is a Class 1 felony. |
A third or subsequent offense when a person has a prior |
conviction in Illinois of a sex offense as defined in the |
Sex Offender Registration Act, or any substantially |
similar federal, Uniform Code of Military Justice, sister |
state, or foreign government offense, is a Class X felony. |
(h) For violations of subsection (a), jurisdiction shall be |
established if the transmission that constitutes the offense |
either originates in this State or is received in this State |
and does not apply to emergency situations. For violations of |
subsection (b), jurisdiction shall be established in any county |
where the act in furtherance of the commission of the offense |
is committed, in the county where the minor resides, or in the |
county where the offender resides.
|
(720 ILCS 5/32-5) (from Ch. 38, par. 32-5)
|
Sec. 32-5. False
personation of attorney, judicial, or |
governmental officials.
|
(a) A person who falsely represents himself or herself to |
be an attorney
authorized to practice law for purposes of |
compensation or consideration
commits a Class 4 felony. This |
|
subsection (a) does not apply to a person who
unintentionally |
fails to pay attorney registration fees established by Supreme
|
Court Rule.
|
(b) A person who falsely represents himself or herself to |
be a public
officer or a public employee or an official or |
employee of the federal government commits a Class B
|
misdemeanor.
|
(c) A person who falsely represents himself or herself to |
be a public
officer or a public employee commits a Class 4 |
felony if that false representation was for the purpose of |
effectuating identity theft as defined in Section 16G-15 of |
this Code.
|
(Source: P.A. 94-985, eff. 1-1-07.)
|
Section 10. The Unified Code of Corrections is amended by |
changing Section 3-6-3 as follows:
|
(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
|
Sec. 3-6-3. Rules and Regulations for Early Release.
|
(a) (1) The Department of Corrections shall prescribe |
rules
and regulations for the early release on account of |
good
conduct of persons committed to the Department which |
shall
be subject to review by the Prisoner Review Board.
|
(2) The rules and regulations on early release shall |
provide, with
respect to offenses listed in clause (i), |
(ii), or (iii) of this paragraph (2) committed on or after |
|
June 19, 1998 or with respect to the offense listed in |
clause (iv) of this paragraph (2) committed on or after |
June 23, 2005 (the effective date of Public Act 94-71) or |
with
respect to offense listed in clause (v) committed on |
or after the effective date of this amendatory Act of the |
95th General Assembly or with respect to the offense of |
being an armed habitual criminal committed on or after |
August 2, 2005 (the effective date of Public Act 94-398), |
the following:
|
(i) that a prisoner who is serving a term of |
imprisonment for first
degree murder or for the offense |
of terrorism shall receive no good conduct
credit and |
shall serve the entire
sentence imposed by the court;
|
(ii) that a prisoner serving a sentence for attempt |
to commit first
degree murder, solicitation of murder, |
solicitation of murder for hire,
intentional homicide |
of an unborn child, predatory criminal sexual assault |
of a
child, aggravated criminal sexual assault, |
criminal sexual assault, aggravated
kidnapping, |
aggravated battery with a firearm, heinous battery, |
being an armed habitual criminal, aggravated
battery |
of a senior citizen, or aggravated battery of a child |
shall receive no
more than 4.5 days of good conduct |
credit for each month of his or her sentence
of |
imprisonment;
|
(iii) that a prisoner serving a sentence
for home |
|
invasion, armed robbery, aggravated vehicular |
hijacking,
aggravated discharge of a firearm, or armed |
violence with a category I weapon
or category II |
weapon, when the court
has made and entered a finding, |
pursuant to subsection (c-1) of Section 5-4-1
of this |
Code, that the conduct leading to conviction for the |
enumerated offense
resulted in great bodily harm to a |
victim, shall receive no more than 4.5 days
of good |
conduct credit for each month of his or her sentence of |
imprisonment; and
|
(iv) that a prisoner serving a sentence for |
aggravated discharge of a firearm, whether or not the |
conduct leading to conviction for the offense resulted |
in great bodily harm to the victim, shall receive no |
more than 4.5 days of good conduct credit for each |
month of his or her sentence of imprisonment; and .
|
(v) that a prisoner serving a sentence for a second |
or subsequent offense of luring a minor shall receive |
no more than 4.5 days of good conduct credit for each |
month of his or her sentence of imprisonment.
|
(2.1) For all offenses, other than those enumerated in |
subdivision (a)(2)(i), (ii), or (iii)
committed on or after |
June 19, 1998 or subdivision (a)(2)(iv) committed on or |
after June 23, 2005 (the effective date of Public Act |
94-71) or subdivision (a)(2)(v) committed on or after the |
effective date of this amendatory Act of the 95th General |
|
Assembly, and other than the offense of reckless
homicide |
as defined in subsection (e) of Section 9-3 of the Criminal |
Code of
1961 committed on or after January 1, 1999,
or |
aggravated driving under the influence of alcohol, other |
drug or drugs, or
intoxicating compound or compounds, or |
any combination thereof as defined in
subparagraph (F) of |
paragraph (1) of subsection (d) of Section 11-501 of the
|
Illinois Vehicle Code,
the rules and regulations shall
|
provide that a prisoner who is serving a term of
|
imprisonment shall receive one day of good conduct credit |
for each day of
his or her sentence of imprisonment or |
recommitment under Section 3-3-9.
Each day of good conduct |
credit shall reduce by one day the prisoner's period
of |
imprisonment or recommitment under Section 3-3-9.
|
(2.2) A prisoner serving a term of natural life |
imprisonment or a
prisoner who has been sentenced to death |
shall receive no good conduct
credit.
|
(2.3) The rules and regulations on early release shall |
provide that
a prisoner who is serving a sentence for |
reckless homicide as defined in
subsection (e) of Section |
9-3 of the Criminal Code of 1961 committed on or
after |
January 1, 1999, or aggravated driving under the influence |
of alcohol,
other drug or drugs, or intoxicating compound |
or compounds, or any combination
thereof as defined in |
subparagraph (F) of paragraph (1) of subsection (d) of
|
Section 11-501 of the Illinois Vehicle Code, shall receive |
|
no more than 4.5
days of good conduct credit for each month |
of his or her sentence of
imprisonment.
|
(2.4) The rules and regulations on early release shall |
provide with
respect to the offenses of aggravated battery |
with a machine gun or a firearm
equipped with any device or |
attachment designed or used for silencing the
report of a |
firearm or aggravated discharge of a machine gun or a |
firearm
equipped with any device or attachment designed or |
used for silencing the
report of a firearm, committed on or |
after
July 15, 1999 (the effective date of Public Act |
91-121),
that a prisoner serving a sentence for any of |
these offenses shall receive no
more than 4.5 days of good |
conduct credit for each month of his or her sentence
of |
imprisonment.
|
(2.5) The rules and regulations on early release shall |
provide that a
prisoner who is serving a sentence for |
aggravated arson committed on or after
July 27, 2001 (the |
effective date of Public Act 92-176) shall receive no more |
than
4.5 days of good conduct credit for each month of his |
or her sentence of
imprisonment.
|
(3) The rules and regulations shall also provide that
|
the Director may award up to 180 days additional good |
conduct
credit for meritorious service in specific |
instances as the
Director deems proper; except that no more |
than 90 days
of good conduct credit for meritorious service
|
shall be awarded to any prisoner who is serving a sentence |
|
for
conviction of first degree murder, reckless homicide |
while under the
influence of alcohol or any other drug,
or |
aggravated driving under the influence of alcohol, other |
drug or drugs, or
intoxicating compound or compounds, or |
any combination thereof as defined in
subparagraph (F) of |
paragraph (1) of subsection (d) of Section 11-501 of the
|
Illinois Vehicle Code, aggravated kidnapping, kidnapping,
|
predatory criminal sexual assault of a child,
aggravated |
criminal sexual assault, criminal sexual assault, deviate |
sexual
assault, aggravated criminal sexual abuse, |
aggravated indecent liberties
with a child, indecent |
liberties with a child, child pornography, heinous
|
battery, aggravated battery of a spouse, aggravated |
battery of a spouse
with a firearm, stalking, aggravated |
stalking, aggravated battery of a child,
endangering the |
life or health of a child, cruelty to a child, or narcotic
|
racketeering. Notwithstanding the foregoing, good conduct |
credit for
meritorious service shall not be awarded on a
|
sentence of imprisonment imposed for conviction of: (i) one |
of the offenses
enumerated in subdivision (a)(2)(i), (ii), |
or (iii) when the offense is committed on or after
June 19, |
1998 or subdivision (a)(2)(iv) when the offense is |
committed on or after June 23, 2005 (the effective date of |
Public Act 94-71) or subdivision (a)(2)(v) when the offense |
is committed on or after the effective date of this |
amendatory Act of the 95th General Assembly, (ii) reckless |
|
homicide as
defined in subsection (e) of Section 9-3 of the |
Criminal Code of 1961 when
the offense is committed on or |
after January 1, 1999,
or aggravated driving under the |
influence of alcohol, other drug or drugs, or
intoxicating |
compound or compounds, or any combination thereof as |
defined in
subparagraph (F) of paragraph (1) of subsection |
(d) of Section 11-501 of the
Illinois Vehicle Code, (iii) |
one of the offenses enumerated in subdivision
(a)(2.4) when |
the offense is committed on or after
July 15, 1999 (the |
effective date of Public Act 91-121),
or (iv) aggravated |
arson when the offense is committed
on or after July 27, |
2001 (the effective date of Public Act 92-176).
|
(4) The rules and regulations shall also provide that |
the good conduct
credit accumulated and retained under |
paragraph (2.1) of subsection (a) of
this Section by any |
inmate during specific periods of time in which such
inmate |
is engaged full-time in substance abuse programs, |
correctional
industry assignments, or educational programs |
provided by the Department
under this paragraph (4) and |
satisfactorily completes the assigned program as
|
determined by the standards of the Department, shall be |
multiplied by a factor
of 1.25 for program participation |
before August 11, 1993
and 1.50 for program participation |
on or after that date.
However, no inmate shall be eligible |
for the additional good conduct credit
under this paragraph |
(4) or (4.1) of this subsection (a) while assigned to a |
|
boot camp
or electronic detention, or if convicted of an |
offense enumerated in
subdivision (a)(2)(i), (ii), or |
(iii) of this Section that is committed on or after June |
19,
1998 or subdivision (a)(2)(iv) of this Section that is |
committed on or after June 23, 2005 (the effective date of |
Public Act 94-71) or subdivision (a)(2)(v) of this Section |
that is committed on or after the effective date of this |
amendatory Act of the 95th General Assembly, or if |
convicted of reckless homicide as defined in subsection (e) |
of
Section 9-3 of the Criminal Code of 1961 if the offense |
is committed on or
after January 1, 1999,
or aggravated |
driving under the influence of alcohol, other drug or |
drugs, or
intoxicating compound or compounds, or any |
combination thereof as defined in
subparagraph (F) of |
paragraph (1) of subsection (d) of Section 11-501 of the
|
Illinois Vehicle Code, or if convicted of an offense |
enumerated in paragraph
(a)(2.4) of this Section that is |
committed on or after
July 15, 1999 (the effective date of |
Public Act 91-121),
or first degree murder, a Class X |
felony, criminal sexual
assault, felony criminal sexual |
abuse, aggravated criminal sexual abuse,
aggravated |
battery with a firearm, or any predecessor or successor |
offenses
with the same or substantially the same elements, |
or any inchoate offenses
relating to the foregoing |
offenses. No inmate shall be eligible for the
additional |
good conduct credit under this paragraph (4) who (i) has |
|
previously
received increased good conduct credit under |
this paragraph (4) and has
subsequently been convicted of a
|
felony, or (ii) has previously served more than one prior |
sentence of
imprisonment for a felony in an adult |
correctional facility.
|
Educational, vocational, substance abuse and |
correctional
industry programs under which good conduct |
credit may be increased under
this paragraph (4) and |
paragraph (4.1) of this subsection (a) shall be evaluated |
by the Department on the basis of
documented standards. The |
Department shall report the results of these
evaluations to |
the Governor and the General Assembly by September 30th of |
each
year. The reports shall include data relating to the |
recidivism rate among
program participants.
|
Availability of these programs shall be subject to the
|
limits of fiscal resources appropriated by the General |
Assembly for these
purposes. Eligible inmates who are |
denied immediate admission shall be
placed on a waiting |
list under criteria established by the Department.
The |
inability of any inmate to become engaged in any such |
programs
by reason of insufficient program resources or for |
any other reason
established under the rules and |
regulations of the Department shall not be
deemed a cause |
of action under which the Department or any employee or
|
agent of the Department shall be liable for damages to the |
inmate.
|
|
(4.1) The rules and regulations shall also provide that |
an additional 60 days of good conduct credit shall be |
awarded to any prisoner who passes the high school level |
Test of General Educational Development (GED) while the |
prisoner is incarcerated. The good conduct credit awarded |
under this paragraph (4.1) shall be in addition to, and |
shall not affect, the award of good conduct under any other |
paragraph of this Section, but shall also be pursuant to |
the guidelines and restrictions set forth in paragraph (4) |
of subsection (a) of this Section.
The good conduct credit |
provided for in this paragraph shall be available only to |
those prisoners who have not previously earned a high |
school diploma or a GED. If, after an award of the GED good |
conduct credit has been made and the Department determines |
that the prisoner was not eligible, then the award shall be |
revoked.
|
(4.5) The rules and regulations on early release shall |
also provide that
when the court's sentencing order |
recommends a prisoner for substance abuse treatment and the
|
crime was committed on or after September 1, 2003 (the |
effective date of
Public Act 93-354), the prisoner shall |
receive no good conduct credit awarded under clause (3) of |
this subsection (a) unless he or she participates in and
|
completes a substance abuse treatment program. The |
Director may waive the requirement to participate in or |
complete a substance abuse treatment program and award the |
|
good conduct credit in specific instances if the prisoner |
is not a good candidate for a substance abuse treatment |
program for medical, programming, or operational reasons. |
Availability of
substance abuse treatment shall be subject |
to the limits of fiscal resources
appropriated by the |
General Assembly for these purposes. If treatment is not
|
available and the requirement to participate and complete |
the treatment has not been waived by the Director, the |
prisoner shall be placed on a waiting list under criteria
|
established by the Department. The Director may allow a |
prisoner placed on
a waiting list to participate in and |
complete a substance abuse education class or attend |
substance
abuse self-help meetings in lieu of a substance |
abuse treatment program. A prisoner on a waiting list who |
is not placed in a substance abuse program prior to release |
may be eligible for a waiver and receive good conduct |
credit under clause (3) of this subsection (a) at the |
discretion of the Director.
|
(5) Whenever the Department is to release any inmate |
earlier than it
otherwise would because of a grant of good |
conduct credit for meritorious
service given at any time |
during the term, the Department shall give
reasonable |
advance notice of the impending release to the State's
|
Attorney of the county where the prosecution of the inmate |
took place.
|
(b) Whenever a person is or has been committed under
|
|
several convictions, with separate sentences, the sentences
|
shall be construed under Section 5-8-4 in granting and
|
forfeiting of good time.
|
(c) The Department shall prescribe rules and regulations
|
for revoking good conduct credit, or suspending or reducing
the |
rate of accumulation of good conduct credit for specific
rule |
violations, during imprisonment. These rules and regulations
|
shall provide that no inmate may be penalized more than one
|
year of good conduct credit for any one infraction.
|
When the Department seeks to revoke, suspend or reduce
the |
rate of accumulation of any good conduct credits for
an alleged |
infraction of its rules, it shall bring charges
therefor |
against the prisoner sought to be so deprived of
good conduct |
credits before the Prisoner Review Board as
provided in |
subparagraph (a)(4) of Section 3-3-2 of this
Code, if the |
amount of credit at issue exceeds 30 days or
when during any 12 |
month period, the cumulative amount of
credit revoked exceeds |
30 days except where the infraction is committed
or discovered |
within 60 days of scheduled release. In those cases,
the |
Department of Corrections may revoke up to 30 days of good |
conduct credit.
The Board may subsequently approve the |
revocation of additional good
conduct credit, if the Department |
seeks to revoke good conduct credit in
excess of 30 days. |
However, the Board shall not be empowered to review the
|
Department's decision with respect to the loss of 30 days of |
good conduct
credit within any calendar year for any prisoner |
|
or to increase any penalty
beyond the length requested by the |
Department.
|
The Director of the Department of Corrections, in |
appropriate cases, may
restore up to 30 days good conduct |
credits which have been revoked, suspended
or reduced. Any |
restoration of good conduct credits in excess of 30 days shall
|
be subject to review by the Prisoner Review Board. However, the |
Board may not
restore good conduct credit in excess of the |
amount requested by the Director.
|
Nothing contained in this Section shall prohibit the |
Prisoner Review Board
from ordering, pursuant to Section |
3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the |
sentence imposed by the court that was not served due to the
|
accumulation of good conduct credit.
|
(d) If a lawsuit is filed by a prisoner in an Illinois or |
federal court
against the State, the Department of Corrections, |
or the Prisoner Review Board,
or against any of
their officers |
or employees, and the court makes a specific finding that a
|
pleading, motion, or other paper filed by the prisoner is |
frivolous, the
Department of Corrections shall conduct a |
hearing to revoke up to
180 days of good conduct credit by |
bringing charges against the prisoner
sought to be deprived of |
the good conduct credits before the Prisoner Review
Board as |
provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
|
If the prisoner has not accumulated 180 days of good conduct |
credit at the
time of the finding, then the Prisoner Review |
|
Board may revoke all
good conduct credit accumulated by the |
prisoner.
|
For purposes of this subsection (d):
|
(1) "Frivolous" means that a pleading, motion, or other |
filing which
purports to be a legal document filed by a |
prisoner in his or her lawsuit meets
any or all of the |
following criteria:
|
(A) it lacks an arguable basis either in law or in |
fact;
|
(B) it is being presented for any improper purpose, |
such as to harass or
to cause unnecessary delay or |
needless increase in the cost of litigation;
|
(C) the claims, defenses, and other legal |
contentions therein are not
warranted by existing law |
or by a nonfrivolous argument for the extension,
|
modification, or reversal of existing law or the |
establishment of new law;
|
(D) the allegations and other factual contentions |
do not have
evidentiary
support or, if specifically so |
identified, are not likely to have evidentiary
support |
after a reasonable opportunity for further |
investigation or discovery;
or
|
(E) the denials of factual contentions are not |
warranted on the
evidence, or if specifically so |
identified, are not reasonably based on a lack
of |
information or belief.
|
|
(2) "Lawsuit" means a petition for post-conviction |
relief under Article
122 of the Code of Criminal Procedure |
of 1963, a motion pursuant to Section
116-3 of the Code of |
Criminal Procedure of 1963, a habeas corpus action under
|
Article X of the Code of Civil Procedure or under federal |
law (28 U.S.C. 2254),
a petition for claim under the Court |
of Claims Act or an action under the
federal Civil Rights |
Act (42 U.S.C. 1983).
|
(e) Nothing in Public Act 90-592 or 90-593 affects the |
validity of Public Act 89-404.
|
(Source: P.A. 93-213, eff. 7-18-03; 93-354, eff. 9-1-03; 94-71, |
eff. 6-23-05; 94-128, eff. 7-7-05; 94-156, eff. 7-8-05; 94-398, |
eff. 8-2-05; 94-491, eff. 8-8-05; 94-744, eff. 5-8-06.)
|
Section 15. The Sex Offender Registration Act is amended by |
changing Section 2 as follows:
|
(730 ILCS 150/2) (from Ch. 38, par. 222)
|
Sec. 2. Definitions.
|
(A) As used in this Article, "sex offender" means any |
person who is:
|
(1) charged pursuant to Illinois law, or any |
substantially similar
federal, Uniform Code of Military |
Justice, sister state, or foreign country
law,
with a sex |
offense set forth
in subsection (B) of this Section or the |
attempt to commit an included sex
offense, and:
|
|
(a) is convicted of such offense or an attempt to |
commit such offense;
or
|
(b) is found not guilty by reason of insanity of |
such offense or an
attempt to commit such offense; or
|
(c) is found not guilty by reason of insanity |
pursuant to Section
104-25(c) of the Code of Criminal |
Procedure of 1963 of such offense or an
attempt to |
commit such offense; or
|
(d) is the subject of a finding not resulting in an |
acquittal at a
hearing conducted pursuant to Section |
104-25(a) of the Code of Criminal
Procedure of 1963 for |
the alleged commission or attempted commission of such
|
offense; or
|
(e) is found not guilty by reason of insanity |
following a hearing
conducted pursuant to a federal, |
Uniform Code of Military Justice, sister
state, or |
foreign country law
substantially similar to Section |
104-25(c) of the Code of Criminal Procedure
of 1963 of |
such offense or of the attempted commission of such |
offense; or
|
(f) is the subject of a finding not resulting in an |
acquittal at a
hearing conducted pursuant to a federal, |
Uniform Code of Military Justice,
sister state, or |
foreign country law
substantially similar to Section |
104-25(a) of the Code of Criminal Procedure
of 1963 for |
the alleged violation or attempted commission of such |
|
offense;
or
|
(2) certified as a sexually dangerous person pursuant |
to the Illinois
Sexually Dangerous Persons Act, or any |
substantially similar federal, Uniform
Code of Military |
Justice, sister
state, or foreign country law; or
|
(3) subject to the provisions of Section 2 of the |
Interstate
Agreements on Sexually Dangerous Persons Act; |
or
|
(4) found to be a sexually violent person pursuant to |
the Sexually
Violent Persons Commitment Act or any |
substantially similar federal, Uniform
Code of Military |
Justice, sister
state, or foreign country law; or
|
(5) adjudicated a juvenile delinquent as the result of |
committing or
attempting to commit an act which, if |
committed by an adult, would constitute
any of the offenses |
specified in item (B), (C), or (C-5) of this Section or a
|
violation of any substantially similar federal, Uniform |
Code of Military
Justice, sister state, or foreign
country |
law, or found guilty under Article V of the Juvenile Court |
Act of 1987
of committing or attempting to commit an act |
which, if committed by an adult,
would constitute any of |
the offenses specified in item (B), (C), or (C-5) of
this |
Section or a violation of any substantially similar |
federal, Uniform Code
of Military Justice, sister state,
or |
foreign country law.
|
Convictions that result from or are connected with the same |
|
act, or result
from offenses committed at the same time, shall |
be counted for the purpose of
this Article as one conviction. |
Any conviction set aside pursuant to law is
not a conviction |
for purposes of this Article.
|
For purposes of this Section, "convicted" shall have the |
same meaning as
"adjudicated". For the purposes of this |
Article, a person who is defined as a sex offender as a result |
of being adjudicated a juvenile delinquent under paragraph (5) |
of this subsection (A) upon attaining 17 years of age shall be |
considered as having committed the sex offense on or after the |
sex offender's 17th birthday. Registration of juveniles upon |
attaining 17 years of age shall not extend the original |
registration of 10 years from the date of conviction.
|
(B) As used in this Article, "sex offense" means:
|
(1) A violation of any of the following Sections of the |
Criminal Code of
1961:
|
11-20.1 (child pornography),
|
11-6 (indecent solicitation of a child),
|
11-9.1 (sexual exploitation of a child),
|
11-9.2 (custodial sexual misconduct),
|
11-9.5 (sexual misconduct with a person with a |
disability),
|
11-15.1 (soliciting for a juvenile prostitute),
|
11-18.1 (patronizing a juvenile prostitute),
|
11-17.1 (keeping a place of juvenile |
prostitution),
|
|
11-19.1 (juvenile pimping),
|
11-19.2 (exploitation of a child),
|
12-13 (criminal sexual assault),
|
12-14 (aggravated criminal sexual assault),
|
12-14.1 (predatory criminal sexual assault of a |
child),
|
12-15 (criminal sexual abuse),
|
12-16 (aggravated criminal sexual abuse),
|
12-33 (ritualized abuse of a child).
|
An attempt to commit any of these offenses.
|
(1.5)
A violation of any of the following Sections of |
the
Criminal Code of 1961, when the victim is a person |
under 18 years of age, the
defendant is not a parent of the |
victim, the offense was sexually motivated as defined in |
Section 10 of the Sex Offender Management Board Act, and |
the offense was committed on or
after January 1, 1996:
|
10-1 (kidnapping),
|
10-2 (aggravated kidnapping),
|
10-3 (unlawful restraint),
|
10-3.1 (aggravated unlawful restraint).
|
(1.6)
First degree murder under Section 9-1 of the |
Criminal Code of 1961,
when the victim was a person under |
18 years of age and the defendant was at least
17 years of |
age at the time of the commission of the offense, provided |
the offense was sexually motivated as defined in Section 10 |
of the Sex Offender Management Board Act.
|
|
(1.7) (Blank).
|
(1.8) A violation or attempted violation of Section |
11-11 (sexual
relations within families) of the Criminal |
Code of 1961, and the offense was committed on or after
|
June 1, 1997.
|
(1.9) Child abduction under paragraph (10) of |
subsection
(b) of Section 10-5 of the Criminal Code of 1961 |
committed by luring or
attempting to lure a child under the |
age of 16 into a motor vehicle, building,
house trailer, or |
dwelling place without the consent of the parent or lawful
|
custodian of the child for other than a lawful purpose and |
the offense was
committed on or after January 1, 1998, |
provided the offense was sexually motivated as defined in |
Section 10 of the Sex Offender Management Board Act.
|
(1.10) A violation or attempted violation of any of the |
following Sections
of the Criminal Code of 1961 when the |
offense was committed on or after July
1, 1999:
|
10-4 (forcible detention, if the victim is under 18 |
years of age), provided the offense was sexually |
motivated as defined in Section 10 of the Sex Offender |
Management Board Act,
|
11-6.5 (indecent solicitation of an adult),
|
11-15 (soliciting for a prostitute, if the victim |
is under 18 years
of age),
|
11-16 (pandering, if the victim is under 18 years |
of age),
|
|
11-18 (patronizing a prostitute, if the victim is |
under 18 years
of age),
|
11-19 (pimping, if the victim is under 18 years of |
age).
|
(1.11) A violation or attempted violation of any of the |
following
Sections of the Criminal Code of 1961 when the |
offense was committed on or
after August 22, 2002:
|
11-9 (public indecency for a third or subsequent |
conviction).
|
(1.12) A violation or attempted violation of Section
|
5.1 of the Wrongs to Children Act (permitting sexual abuse) |
when the
offense was committed on or after August 22, 2002.
|
(2) A violation of any former law of this State |
substantially equivalent
to any offense listed in |
subsection (B) of this Section.
|
(C) A conviction for an offense of federal law, Uniform |
Code of Military
Justice, or the law of another state
or a |
foreign country that is substantially equivalent to any offense |
listed
in subsections (B), (C), and (E) of this Section shall
|
constitute a
conviction for the purpose
of this Article. A |
finding or adjudication as a sexually dangerous person
or a |
sexually violent person under any federal law, Uniform Code of |
Military
Justice, or the law of another state or
foreign |
country that is substantially equivalent to the Sexually |
Dangerous
Persons Act or the Sexually Violent Persons |
Commitment Act shall constitute an
adjudication for the |
|
purposes of this Article.
|
(C-5) A person at least 17 years of age at the time of the |
commission of
the offense who is convicted of first degree |
murder under Section 9-1 of the
Criminal Code of 1961, against |
a person
under 18 years of age, shall be required to register
|
for natural life.
A conviction for an offense of federal, |
Uniform Code of Military Justice,
sister state, or foreign |
country law that is substantially equivalent to any
offense |
listed in subsection (C-5) of this Section shall constitute a
|
conviction for the purpose of this Article. This subsection |
(C-5) applies to a person who committed the offense before June |
1, 1996 only if the person is incarcerated in an Illinois |
Department of Corrections facility on August 20, 2004 (the |
effective date of Public Act 93-977).
|
(D) As used in this Article, "law enforcement agency having |
jurisdiction"
means the Chief of Police in each of the |
municipalities in which the sex offender
expects to reside, |
work, or attend school (1) upon his or her discharge,
parole or |
release or
(2) during the service of his or her sentence of |
probation or conditional
discharge, or the Sheriff of the |
county, in the event no Police Chief exists
or if the offender |
intends to reside, work, or attend school in an
unincorporated |
area.
"Law enforcement agency having jurisdiction" includes |
the location where
out-of-state students attend school and |
where out-of-state employees are
employed or are otherwise |
required to register.
|
|
(D-1) As used in this Article, "supervising officer" means |
the assigned Illinois Department of Corrections parole agent or |
county probation officer. |
(E) As used in this Article, "sexual predator" means any |
person who,
after July 1, 1999, is:
|
(1) Convicted for an offense of federal, Uniform Code |
of Military
Justice, sister state, or foreign country law |
that is substantially equivalent
to any offense listed in |
subsection (E) of this Section shall constitute a
|
conviction for the purpose of this Article.
Convicted of a |
violation or attempted violation of any of the following
|
Sections of the
Criminal Code of 1961, if the conviction |
occurred after July
1, 1999:
|
|
11-17.1 (keeping a place of juvenile |
prostitution),
|
11-19.1 (juvenile pimping),
|
11-19.2 (exploitation of a child),
|
11-20.1 (child pornography),
|
12-13 (criminal sexual assault),
|
12-14 (aggravated criminal sexual assault),
|
12-14.1 (predatory criminal sexual assault of a |
child),
|
12-16 (aggravated criminal sexual abuse),
|
12-33 (ritualized abuse of a child); or
|
(2) (blank); or
|
|
(3) certified as a sexually dangerous person pursuant |
to the Sexually
Dangerous Persons Act or any substantially |
similar federal, Uniform Code of
Military Justice, sister |
state, or
foreign country law; or
|
(4) found to be a sexually violent person pursuant to |
the Sexually Violent
Persons Commitment Act or any |
substantially similar federal, Uniform Code of
Military |
Justice, sister state, or
foreign country law; or
|
(5) convicted of a second or subsequent offense which |
requires
registration pursuant to this Act. The conviction |
for the second or subsequent
offense must have occurred |
after July 1, 1999. For purposes of this paragraph
(5), |
"convicted" shall include a conviction under any
|
substantially similar
Illinois, federal, Uniform Code of |
Military Justice, sister state, or
foreign country law; or
|
.
|
(6) convicted of a second or subsequent offense of |
luring a minor under Section 10-5.1 of the Criminal Code of |
1961.
|
(F) As used in this Article, "out-of-state student" means |
any sex
offender, as defined in this Section,
or sexual |
predator who is enrolled in Illinois, on a full-time or |
part-time
basis, in any public or private educational |
institution, including, but not
limited to, any secondary |
school, trade or professional institution, or
institution of |
higher learning.
|
|
(G) As used in this Article, "out-of-state employee" means |
any sex
offender, as defined in this Section,
or sexual |
predator who works in Illinois, regardless of whether the |
individual
receives payment for services performed, for a |
period of time of 10 or more days
or for an aggregate period of |
time of 30 or more days
during any calendar year.
Persons who |
operate motor vehicles in the State accrue one day of |
employment
time for any portion of a day spent in Illinois.
|
(H) As used in this Article, "school" means any public or |
private educational institution, including, but not limited |
to, any elementary or secondary school, trade or professional |
institution, or institution of higher education. |
(I) As used in this Article, "fixed residence" means any |
and all places that a sex offender resides for an aggregate |
period of time of 5 or more days in a calendar year.
|
(Source: P.A. 93-977, eff. 8-20-04; 93-979, eff. 8-20-04; |
94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-945, eff. 6-27-06; |
94-1053, eff. 7-24-06; revised 8-3-06.)
|
| |
INDEX
| |
Statutes amended in order of appearance
|
| 720 ILCS 5/10-5 |
from Ch. 38, par. 10-5 |
| 720 ILCS 5/10-5.1 new |
|
| 730 ILCS 5/3-6-3 |
from Ch. 38, par. 1003-6-3 |
| 730 ILCS 150/2 |
from Ch. 38, par. 222 |
|
|