103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5134
 
Introduced 2/8/2024, by Rep. Nicole La Ha - Dan Ugaste - Amy L. Grant and Dave Severin
 
SYNOPSIS AS INTRODUCED:

730 ILCS 150/2 from Ch. 38, par. 222
 Amends the Sex Offender Registration Act. Includes trafficking in persons, involuntary servitude, and involuntary sexual servitude of a minor in the definition of "sex offense" under the Act.


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A BILL FOR
 
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1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 5. The Sex Offender Registration Act is amended by 
5changing Section 2 as follows:

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