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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4527 Introduced , by Rep. Natalie A. Manley SYNOPSIS AS INTRODUCED:
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730 ILCS 150/2 | from Ch. 38, par. 222 |
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Amends the Sex Offender Registration Act. Includes in the definition of "sex offense" a violation or attempted violation of the unauthorized video recording and live video transmission statute in which:
(1) the victim was under the age of 18; (2) the person committing or attempting to commit the offense was in a position of trust or authority in regards to the victim; or
(3) the person committing or attempting to commit the offense was an employee of a school as defined by Illinois statute.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Sex Offender Registration Act is amended by |
5 | | changing Section 2 as follows:
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6 | | (730 ILCS 150/2) (from Ch. 38, par. 222)
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7 | | Sec. 2. Definitions.
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8 | | (A) As used in this Article, "sex offender" means any |
9 | | person who is:
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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:
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15 | | (a) is convicted of such offense or an attempt to |
16 | | commit such offense;
or
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17 | | (b) is found not guilty by reason of insanity of |
18 | | such offense or an
attempt to commit such offense; or
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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
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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 for |
3 | | the alleged commission or attempted commission of such
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4 | | offense; or
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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
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12 | | (f) is the subject of a finding not resulting in an |
13 | | acquittal at a
hearing conducted pursuant to a federal, |
14 | | Uniform Code of Military Justice,
sister state, or |
15 | | foreign country law
substantially similar to Section |
16 | | 104-25(a) of the Code of Criminal Procedure
of 1963 for |
17 | | the alleged violation or attempted commission of such |
18 | | offense;
or
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19 | | (2) declared as a sexually dangerous person pursuant to |
20 | | 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
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23 | | (3) subject to the provisions of Section 2 of the |
24 | | Interstate
Agreements on Sexually Dangerous Persons Act; |
25 | | or
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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
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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 offenses |
7 | | specified in item (B), (C), or (C-5) of this Section or a
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8 | | violation of any substantially similar federal, Uniform |
9 | | Code of Military
Justice, sister state, or foreign
country |
10 | | law, or found guilty under Article V of the Juvenile Court |
11 | | Act of 1987
of committing or attempting to commit an act |
12 | | which, if committed by an adult,
would constitute any of |
13 | | the offenses specified in item (B), (C), or (C-5) of
this |
14 | | Section or a violation of any substantially similar |
15 | | federal, Uniform Code
of Military Justice, sister state,
or |
16 | | foreign country law.
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17 | | Convictions that result from or are connected with the same |
18 | | act, or result
from offenses committed at the same time, shall |
19 | | be counted for the purpose of
this Article as one conviction. |
20 | | Any conviction set aside pursuant to law is
not a conviction |
21 | | for purposes of this Article.
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22 | |
For purposes of this Section, "convicted" shall have the |
23 | | same meaning as
"adjudicated".
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24 | | (B) As used in this Article, "sex offense" means:
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25 | | (1) A violation of any of the following Sections of the |
26 | | Criminal Code of
1961 or the Criminal Code of 2012:
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1 | | 11-20.1 (child pornography),
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2 | | 11-20.1B or 11-20.3 (aggravated child |
3 | | pornography),
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4 | | 11-6 (indecent solicitation of a child),
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5 | | 11-9.1 (sexual exploitation of a child),
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6 | | 11-9.2 (custodial sexual misconduct),
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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),
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11 | | 11-18.1 (patronizing a juvenile prostitute),
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12 | | 11-17.1 (keeping a place of juvenile |
13 | | prostitution),
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14 | | 11-19.1 (juvenile pimping),
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15 | | 11-19.2 (exploitation of a child),
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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),
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20 | | 11-1.30 or 12-14 (aggravated criminal sexual |
21 | | assault),
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22 | | 11-1.40 or 12-14.1 (predatory criminal sexual |
23 | | assault of a child),
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24 | | 11-1.50 or 12-15 (criminal sexual abuse),
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25 | | 11-1.60 or 12-16 (aggravated criminal sexual |
26 | | abuse),
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1 | | 12-33 (ritualized abuse of a child).
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2 | | An attempt to commit any of these offenses.
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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
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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:
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10 | | 10-1 (kidnapping),
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11 | | 10-2 (aggravated kidnapping),
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12 | | 10-3 (unlawful restraint),
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13 | | 10-3.1 (aggravated unlawful restraint).
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14 | | If the offense was committed before January 1, 1996, 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 | | (1.6)
First degree murder under Section 9-1 of the |
20 | | Criminal Code of 1961 or the Criminal Code of 2012,
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21 | | provided the offense was sexually motivated as defined in |
22 | | Section 10 of the Sex Offender Management Board Act.
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23 | | (1.7) (Blank).
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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 of |
4 | | any felony after July 1, 2011, and paragraph (2.1) of |
5 | | subsection (c) of Section 3 of this Act applies.
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6 | | (1.9) Child abduction under paragraph (10) of |
7 | | subsection
(b) of Section 10-5 of the Criminal Code of 1961 |
8 | | or the Criminal Code of 2012 committed by luring or
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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 of |
18 | | any felony after July 1, 2011, and paragraph (2.1) of |
19 | | subsection (c) of Section 3 of this Act applies.
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20 | | (1.10) A violation or attempted violation of any of the |
21 | | 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:
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24 | | 10-4 (forcible detention, if the victim is under 18 |
25 | | 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,
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2 | | 11-6.5 (indecent solicitation of an adult),
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3 | | 11-14.3 that involves soliciting for a prostitute, |
4 | | or 11-15 (soliciting for a prostitute, if the victim is |
5 | | under 18 years
of age),
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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),
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9 | | 11-18 (patronizing a prostitute, if the victim is |
10 | | under 18 years
of age),
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11 | | subdivision (a)(2)(C) of Section 11-14.3, or |
12 | | Section 11-19 (pimping, if the victim is under 18 years |
13 | | of age).
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14 | | If the offense was committed before July 1, 1999, it is |
15 | | a sex offense requiring registration only when the person |
16 | | 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 the |
20 | | following
Sections of the Criminal Code of 1961 or the |
21 | | Criminal Code of 2012 when the offense was committed on or
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22 | | after August 22, 2002:
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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.
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4 | | (1.12) A violation or attempted violation of Section
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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 on |
8 | | 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.
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13 | | (1.13) A violation or attempted violation of Section |
14 | | 26-4 of the Criminal Code of 1961 or Criminal Code of 2012 |
15 | | in which:
(i) the victim was under the age of 18; (ii) the |
16 | | person committing or attempting to commit the offense was |
17 | | in a position of trust or authority in regards to the |
18 | | victim; or
(iii) the person committing or attempting to |
19 | | commit the offense was an employee of a school as defined |
20 | | by Illinois statute. |
21 | | (2) A violation of any former law of this State |
22 | | substantially equivalent
to any offense listed in |
23 | | subsection (B) of this Section.
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24 | | (C) A conviction for an offense of federal law, Uniform |
25 | | Code of Military
Justice, or the law of another state
or a |
26 | | foreign country that is substantially equivalent to any offense |
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1 | | listed
in subsections (B), (C), (E), and (E-5) of this Section |
2 | | shall
constitute a
conviction for the purpose
of this Article. |
3 | | A finding or adjudication as a sexually dangerous person
or a |
4 | | sexually violent person under any federal law, Uniform Code of |
5 | | Military
Justice, or the law of another state or
foreign |
6 | | country that is substantially equivalent to the Sexually |
7 | | Dangerous
Persons Act or the Sexually Violent Persons |
8 | | Commitment Act shall constitute an
adjudication for the |
9 | | purposes of this Article.
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10 | | (C-5) A person at least 17 years of age at the time of the |
11 | | commission of
the offense who is convicted of first degree |
12 | | murder under Section 9-1 of the
Criminal Code of 1961 or the |
13 | | Criminal Code of 2012, against a person
under 18 years of age, |
14 | | shall be required to register
for natural life.
A conviction |
15 | | for an offense of federal, Uniform Code of Military Justice,
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16 | | sister state, or foreign country law that is substantially |
17 | | equivalent to any
offense listed in subsection (C-5) of this |
18 | | Section shall constitute a
conviction for the purpose of this |
19 | | Article. This subsection (C-5) applies to a person who |
20 | | committed the offense before June 1, 1996 if: (i) the person is |
21 | | incarcerated in an Illinois Department of Corrections facility |
22 | | on August 20, 2004 (the effective date of Public Act 93-977), |
23 | | or (ii) subparagraph (i) does not apply and the person is |
24 | | convicted of any felony after July 1, 2011, and paragraph (2.1) |
25 | | of subsection (c) of Section 3 of this Act applies.
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26 | | (C-6) A person who is convicted or adjudicated delinquent |
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1 | | of first degree murder as defined in Section 9-1 of the |
2 | | Criminal Code of 1961 or the Criminal Code of 2012, against a |
3 | | person 18 years of age or over, shall be required to register |
4 | | for his or her natural life. A conviction for an offense of |
5 | | federal, Uniform Code of Military Justice, sister state, or |
6 | | foreign country law that is substantially equivalent to any |
7 | | offense listed in subsection (C-6) of this Section shall |
8 | | constitute a conviction for the purpose of this Article. This |
9 | | subsection (C-6) does not apply to those individuals released |
10 | | from incarceration more than 10 years prior to January 1, 2012 |
11 | | (the effective date of Public Act 97-154). |
12 | | (D) As used in this Article, "law enforcement agency having |
13 | | jurisdiction"
means the Chief of Police in each of the |
14 | | municipalities in which the sex offender
expects to reside, |
15 | | work, or attend school (1) upon his or her discharge,
parole or |
16 | | release or
(2) during the service of his or her sentence of |
17 | | probation or conditional
discharge, or the Sheriff of the |
18 | | county, in the event no Police Chief exists
or if the offender |
19 | | intends to reside, work, or attend school in an
unincorporated |
20 | | area.
"Law enforcement agency having jurisdiction" includes |
21 | | the location where
out-of-state students attend school and |
22 | | where out-of-state employees are
employed or are otherwise |
23 | | required to register.
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24 | | (D-1) As used in this Article, "supervising officer" means |
25 | | the assigned Illinois Department of Corrections parole agent or |
26 | | county probation officer. |
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1 | | (E) As used in this Article, "sexual predator" means any |
2 | | person who,
after July 1, 1999, is:
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3 | | (1) Convicted for an offense of federal, Uniform Code |
4 | | of Military
Justice, sister state, or foreign country law |
5 | | that is substantially equivalent
to any offense listed in |
6 | | subsection (E) or (E-5) of this Section shall constitute a
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7 | | conviction for the purpose of this Article.
Convicted of a |
8 | | violation or attempted violation of any of the following
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9 | | Sections of the
Criminal Code of 1961 or the Criminal Code |
10 | | of 2012:
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11 | | 10-5.1 (luring of a minor), |
12 | | 11-14.4 that involves keeping a place of juvenile |
13 | | prostitution, or 11-17.1 (keeping a place of juvenile |
14 | | prostitution),
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15 | | subdivision (a)(2) or (a)(3) of Section 11-14.4, |
16 | | or Section 11-19.1 (juvenile pimping),
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17 | | subdivision (a)(4) of Section 11-14.4, or Section |
18 | | 11-19.2 (exploitation of a child),
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19 | | 11-20.1 (child pornography),
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20 | | 11-20.1B or 11-20.3 (aggravated child |
21 | | pornography), |
22 | | 11-1.20 or 12-13 (criminal sexual assault),
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23 | | 11-1.30 or 12-14 (aggravated criminal sexual |
24 | | assault),
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25 | | 11-1.40 or 12-14.1 (predatory criminal sexual |
26 | | assault of a child),
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1 | | 11-1.60 or 12-16 (aggravated criminal sexual |
2 | | abuse),
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3 | | 12-33 (ritualized abuse of a child);
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4 | | (2) (blank);
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5 | | (3) declared as a sexually dangerous person pursuant to |
6 | | the Sexually
Dangerous Persons Act or any substantially |
7 | | similar federal, Uniform Code of
Military Justice, sister |
8 | | state, or
foreign country law;
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9 | | (4) found to be a sexually violent person pursuant to |
10 | | the Sexually Violent
Persons Commitment Act or any |
11 | | substantially similar federal, Uniform Code of
Military |
12 | | Justice, sister state, or
foreign country law;
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13 | | (5) convicted of a second or subsequent offense which |
14 | | requires
registration pursuant to this Act. For purposes of |
15 | | this paragraph
(5), "convicted" shall include a conviction |
16 | | under any
substantially similar
Illinois, federal, Uniform |
17 | | Code of Military Justice, sister state, or
foreign country |
18 | | law;
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19 | | (6) (blank); or |
20 | | (7) if the person was convicted of an offense set forth |
21 | | in this subsection (E) on or before July 1, 1999, the |
22 | | person is a sexual predator for whom registration is |
23 | | required only when the person is convicted of a felony |
24 | | offense after July 1, 2011, and paragraph (2.1) of |
25 | | subsection (c) of Section 3 of this Act applies. |
26 | | (E-5) As used in this Article, "sexual predator" also means |
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1 | | a person convicted of a violation or attempted violation of any |
2 | | of the following
Sections of the
Criminal Code of 1961 or the |
3 | | Criminal Code of 2012: |
4 | | (1) Section 9-1 (first degree murder,
when the victim |
5 | | was a person under 18 years of age and the defendant was at |
6 | | least
17 years of age at the time of the commission of the |
7 | | offense, provided the offense was sexually motivated as |
8 | | defined in Section 10 of the Sex Offender Management Board |
9 | | Act); |
10 | | (2) Section 11-9.5 (sexual misconduct with a person |
11 | | with a disability); |
12 | | (3) when the victim is a person under 18 years of age, |
13 | | the
defendant is not a parent of the victim, the offense |
14 | | was sexually motivated as defined in Section 10 of the Sex |
15 | | Offender Management Board Act, and the offense was |
16 | | committed on or
after January 1, 1996: (A) Section 10-1 |
17 | | (kidnapping), (B) Section 10-2 (aggravated kidnapping), |
18 | | (C) Section 10-3 (unlawful restraint), and (D) Section |
19 | | 10-3.1 (aggravated unlawful restraint); and |
20 | | (4) Section 10-5(b)(10) (child abduction committed by |
21 | | luring or
attempting to lure a child under the age of 16 |
22 | | into a motor vehicle, building,
house trailer, or dwelling |
23 | | place without the consent of the parent or lawful
custodian |
24 | | of the child for other than a lawful purpose and the |
25 | | offense was
committed on or after January 1, 1998, provided |
26 | | the offense was sexually motivated as defined in Section 10 |
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1 | | of the Sex Offender Management Board Act). |
2 | | (E-10) As used in this Article, "sexual predator" also |
3 | | means a person required to register in another State due to a |
4 | | conviction, adjudication or other action of any court |
5 | | triggering an obligation to register as a sex offender, sexual |
6 | | predator, or substantially similar status under the laws of |
7 | | that State. |
8 | | (F) As used in this Article, "out-of-state student" means |
9 | | any sex
offender, as defined in this Section,
or sexual |
10 | | predator who is enrolled in Illinois, on a full-time or |
11 | | part-time
basis, in any public or private educational |
12 | | institution, including, but not
limited to, any secondary |
13 | | school, trade or professional institution, or
institution of |
14 | | higher learning.
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15 | | (G) As used in this Article, "out-of-state employee" means |
16 | | any sex
offender, as defined in this Section,
or sexual |
17 | | predator who works in Illinois, regardless of whether the |
18 | | individual
receives payment for services performed, for a |
19 | | period of time of 10 or more days
or for an aggregate period of |
20 | | time of 30 or more days
during any calendar year.
Persons who |
21 | | operate motor vehicles in the State accrue one day of |
22 | | employment
time for any portion of a day spent in Illinois.
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23 | | (H) As used in this Article, "school" means any public or |
24 | | private educational institution, including, but not limited |
25 | | to, any elementary or secondary school, trade or professional |
26 | | institution, or institution of higher education. |
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1 | | (I) As used in this Article, "fixed residence" means any |
2 | | and all places that a sex offender resides for an aggregate |
3 | | period of time of 5 or more days in a calendar year.
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4 | | (J) As used in this Article, "Internet protocol address" |
5 | | means the string of numbers by which a location on the Internet |
6 | | is identified by routers or other computers connected to the |
7 | | Internet. |
8 | | (Source: P.A. 100-428, eff. 1-1-18 .)
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