Bill Text: IL SB2436 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Criminal Code of 2012. Creates the offense of lewd sexual display in a penal institution. Provides that a person commits the offense when he or she is in the custody of a penal institution and knowingly engages in any of the following acts while he or she is confined in a penal institution: engages in a lewd exposure of the body or sex organs, anus, or breast, for the purpose or effect of intimidating, harassing, or threatening one whom he or she believes to be in the presence or view of such acts. Excludes from the definition of "penal institution" a facility of the Department of Juvenile Justice or a juvenile detention facility. Provides that lewd sexual display in a penal institution is a Class A misdemeanor, except that a person convicted of a third or subsequent violation is guilty of a Class 4 felony. Provides that the Illinois Criminal Justice Information Authority shall compile certain data provided to it and provide an annual report to the Governor and the General Assembly on or before January 1 of each year. Provides that the Illinois Criminal Justice Information Authority may include findings or recommendations in its published annual report. Amends the Sex Offender Registration Act. Provides that "sex offense" under the Act includes a third violation of lewd sexual display in a penal institution committed on or after the effective date of the amendatory Act and before January 1, 2030. Provides that a person convicted of a third violation of lewd sexual display in a penal institution, committed on or after the effective date of the amendatory Act and before January 1, 2030, who is required to register under the Act shall be required to register for a period of 10 years after conviction or adjudication if not confined to a penal institution, hospital, or any other institution or facility, and if confined, for a period of 10 years after parole, discharge, or release from any such facility. Repeals the Sections creating the offense of and reporting requirements regarding lewd sexual display in a penal institution on January 1, 2030.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2023-03-10 - Rule 3-9(a) / Re-referred to Assignments [SB2436 Detail]

Download: Illinois-2023-SB2436-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2436 Introduced 2/10/2023, by Sen. Willie Preston SYNOPSIS AS INTRODUCED:
720 ILCS 5/11-9.2-1 new
720 ILCS 5/11-9.2-2 new
730 ILCS 150/2 from Ch. 38, par. 222
730 ILCS 150/7 from Ch. 38, par. 227
Amends the Criminal Code of 2012. Creates the offense of lewd sexual display in a penal institution. Provides that a person commits the offense when he or she is in the custody of a penal institution and knowingly engages in any of the following acts while he or she is confined in a penal institution: engages in a lewd exposure of the body or sex organs, anus, or breast, for the purpose or effect of intimidating, harassing, or threatening one whom he or she believes to be in the presence or view of such acts. Excludes from the definition of "penal institution" a facility of the Department of Juvenile Justice or a juvenile detention facility. Provides that lewd sexual display in a penal institution is a Class A misdemeanor, except that a person convicted of a third or subsequent violation is guilty of a Class 4 felony. Provides that the Illinois Criminal Justice Information Authority shall compile certain data provided to it and provide an annual report to the Governor and the General Assembly on or before January 1 of each year. Provides that the Illinois Criminal Justice Information Authority may include findings or recommendations in its published annual report. Amends the Sex Offender Registration Act. Provides that "sex offense" under the Act includes a third violation of lewd sexual display in a penal institution committed on or after the effective date of the amendatory Act and before January 1, 2030. Provides that a person convicted of a third violation of lewd sexual display in a penal institution, committed on or after the effective date of the amendatory Act and before January 1, 2030, who is required to register under the Act shall be required to register for a period of 10 years after conviction or adjudication if not confined to a penal institution, hospital, or any other institution or facility, and if confined, for a period of 10 years after parole, discharge, or release from any such facility. Repeals the Sections creating the offense of and reporting requirements regarding lewd sexual display in a penal institution on January 1, 2030.
LRB103 28783 RLC 55168 b
A BILL FOR
SB2436 LRB103 28783 RLC 55168 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by adding
Sections 11-9.2-1 and 11-9.2-2 as follows:
(720 ILCS 5/11-9.2-1 new)
Sec. 11-9.2-1. Lewd sexual display in a penal institution.
(a) A person commits lewd sexual display in a penal
institution when he or she is in the custody of a penal
institution and knowingly engages in any of the following acts
while he or she is confined in a penal institution: engages in
a lewd exposure of the body or sex organs, anus, or breast, for
the purpose or effect of intimidating, harassing, or
threatening one whom he or she believes to be in the presence
or view of such acts. For purposes of this Section, "penal
institution" does not include a facility of the Department of
Juvenile Justice or a juvenile detention facility.
(b) Sentence. Lewd sexual display in a penal institution
is a Class A misdemeanor. A person convicted of a third or
subsequent violation for lewd sexual display in a penal
institution is guilty of a Class 4 felony.
(c) A person charged with a violation of this Section
shall be eligible for an evaluation for a mental health court

SB2436 - 2 - LRB103 28783 RLC 55168 b
program under the Mental Health Court Treatment Act, the
provisions of Section 20 of that Act notwithstanding, and
shall be given an eligibility screening and an assessment,
pursuant to the provisions of Section 25 of the Mental Health
Court Treatment Act, administered by a qualified mental health
court professional independent of the penal institution where
the individual is in custody.
(d) Notwithstanding the provisions of subsection (e) of
Section 25 of the Mental Health Court Treatment Act, a person
who has been charged with a violation of this Section shall not
be liable for any fines, fees, costs, or restitution unless
the person fails to successfully complete that person's
court-ordered mental health court treatment program.
(e) All charges against a person for a violation of this
Section shall be dismissed upon the court's determination that
the person has successfully completed the person's
court-ordered mental health court treatment program.
Unwillingness or failure to successfully complete a
court-ordered mental health court treatment program shall
result in a conviction and the convicted person shall be
subject to the penalties under subsection (b).
(f) A person is not guilty of a violation of this Section
for engaging in the conduct prohibited by this Section, if any
of the following are true:
(1) the person is under 18 years of age or not confined
to a penal institution;

SB2436 - 3 - LRB103 28783 RLC 55168 b
(2) the person suffered from a behavioral health issue
at the time of the prohibited conduct and that behavioral
health issue was the direct cause for the person having
engaged in the prohibited conduct; or
(3) the person was not in the actual presence or view
of another person.
(g) This Section is repealed on January 1, 2030.
(720 ILCS 5/11-9.2-2 new)
Sec. 11-9.2-2. Lewd sexual display in a penal institution
annual report; sunset date.
(a) The Illinois Criminal Justice Information Authority
shall compile data provided to it pursuant to this Section and
provide an annual report to the Governor and the General
Assembly on or before January 1 of each year. The Illinois
Criminal Justice Information Authority may include findings or
recommendations in its published annual report.
(b) The following data shall be provided to the Illinois
Criminal Justice Information Authority on or before October 1
of each year:
(1) each penal institution shall provide the number of
persons referred to a county State's Attorney for
prosecution of a violation of Section 11-9.2-1, the
demographic data of the referred persons, including, but
not limited to, age and sex, and any underlying charge or
charges upon which the referred person is being held in

SB2436 - 4 - LRB103 28783 RLC 55168 b
the custody of the penal institution; and
(2) each county State's Attorney shall provide the
number of persons charged by that State's Attorney for a
violation of Section 11-9.2-1, the demographic data of the
charged persons, including, but not limited to, age and
sex, and the case disposition, or lack thereof, of each
charged person.
(c) This Section is repealed on January 1, 2030.
Section 10. The Sex Offender Registration Act is amended
by changing Sections 2 and 7 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

SB2436 - 5 - LRB103 28783 RLC 55168 b
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) declared 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

SB2436 - 6 - LRB103 28783 RLC 55168 b
(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

SB2436 - 7 - LRB103 28783 RLC 55168 b
same meaning as "adjudicated".
(B) As used in this Article, "sex offense" means:
(1) A violation of any of the following Sections of
the Criminal Code of 1961 or the Criminal Code of 2012:
11-20.1 (child pornography),
11-20.1B or 11-20.3 (aggravated 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),
11-14.4 (promoting juvenile prostitution),
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),
11-25 (grooming),
11-26 (traveling to meet a minor or traveling to
meet a child),
11-1.20 or 12-13 (criminal sexual assault),
11-1.30 or 12-14 (aggravated criminal sexual
assault),
11-1.40 or 12-14.1 (predatory criminal sexual

SB2436 - 8 - LRB103 28783 RLC 55168 b
assault of a child),
11-1.50 or 12-15 (criminal sexual abuse),
11-1.60 or 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 or the Criminal Code of 2012,
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 Evaluation and Treatment 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).
If the offense was committed before January 1, 1996,
it is a sex offense requiring registration only when the
person is convicted of any felony after July 1, 2011, and
paragraph (2.1) of subsection (c) of Section 3 of this Act
applies.
(1.6) First degree murder under Section 9-1 of the
Criminal Code of 1961 or the Criminal Code of 2012,
provided the offense was sexually motivated as defined in
Section 10 of the Sex Offender Management Board Act.

SB2436 - 9 - LRB103 28783 RLC 55168 b
(1.7) (Blank).
(1.8) A violation or attempted violation of Section
11-11 (sexual relations within families) of the Criminal
Code of 1961 or the Criminal Code of 2012, and the offense
was committed on or after June 1, 1997. If the offense was
committed before June 1, 1997, it is a sex offense
requiring registration only when the person is convicted
of any felony after July 1, 2011, and paragraph (2.1) of
subsection (c) of Section 3 of this Act applies.
(1.9) Child abduction under paragraph (10) of
subsection (b) of Section 10-5 of the Criminal Code of
1961 or the Criminal Code of 2012 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. If the offense was
committed before January 1, 1998, it is a sex offense
requiring registration only when the person is convicted
of any felony after July 1, 2011, and paragraph (2.1) of
subsection (c) of Section 3 of this Act applies.
(1.10) A violation or attempted violation of any of
the following Sections of the Criminal Code of 1961 or the
Criminal Code of 2012 when the offense was committed on or

SB2436 - 10 - LRB103 28783 RLC 55168 b
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),
11-14.3 that involves soliciting for a prostitute,
or 11-15 (soliciting for a prostitute, if the victim
is under 18 years of age),
subdivision (a)(2)(A) or (a)(2)(B) of Section
11-14.3, or Section 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),
subdivision (a)(2)(C) of Section 11-14.3, or
Section 11-19 (pimping, if the victim is under 18
years of age).
If the offense was committed before July 1, 1999, it
is a sex offense requiring registration only when the
person is convicted of any felony after July 1, 2011, and
paragraph (2.1) of subsection (c) of Section 3 of this Act
applies.
(1.11) A violation or attempted violation of any of
the following Sections of the Criminal Code of 1961 or the
Criminal Code of 2012 when the offense was committed on or
after August 22, 2002:

SB2436 - 11 - LRB103 28783 RLC 55168 b
11-9 or 11-30 (public indecency for a third or
subsequent conviction).
If the third or subsequent conviction was imposed
before August 22, 2002, it is a sex offense requiring
registration only when the person is convicted of any
felony after July 1, 2011, and paragraph (2.1) of
subsection (c) of Section 3 of this Act applies.
(1.12) A violation or attempted violation of Section
5.1 of the Wrongs to Children Act or Section 11-9.1A of the
Criminal Code of 1961 or the Criminal Code of 2012
(permitting sexual abuse) when the offense was committed
on or after August 22, 2002. If the offense was committed
before August 22, 2002, it is a sex offense requiring
registration only when the person is convicted of any
felony after July 1, 2011, and paragraph (2.1) of
subsection (c) of Section 3 of this Act applies.
(1.13) A third violation of Section 11-9.2-1 (lewd
sexual display in a penal institution) of the Criminal
Code of 2012, committed on or after the effective date of
this amendatory Act of the 103rd General Assembly and
before January 1, 2030.
(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

SB2436 - 12 - LRB103 28783 RLC 55168 b
foreign country that is substantially equivalent to any
offense listed in subsections (B), (C), (E), and (E-5) 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 or the
Criminal Code of 2012, 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 if: (i) the person is
incarcerated in an Illinois Department of Corrections facility
on August 20, 2004 (the effective date of Public Act 93-977),
or (ii) subparagraph (i) does not apply and the person is
convicted of any felony after July 1, 2011, and paragraph
(2.1) of subsection (c) of Section 3 of this Act applies.

SB2436 - 13 - LRB103 28783 RLC 55168 b
(C-6) A person who is convicted or adjudicated delinquent
of first degree murder as defined in Section 9-1 of the
Criminal Code of 1961 or the Criminal Code of 2012, against a
person 18 years of age or over, shall be required to register
for his or her 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-6) of this Section shall
constitute a conviction for the purpose of this Article. This
subsection (C-6) does not apply to those individuals released
from incarceration more than 10 years prior to January 1, 2012
(the effective date of Public Act 97-154).
(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

SB2436 - 14 - LRB103 28783 RLC 55168 b
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) or (E-5) 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 or the Criminal Code
of 2012:
10-5.1 (luring of a minor),
11-14.4 that involves keeping a place of juvenile
prostitution, or 11-17.1 (keeping a place of juvenile
prostitution),
subdivision (a)(2) or (a)(3) of Section 11-14.4,
or Section 11-19.1 (juvenile pimping),
subdivision (a)(4) of Section 11-14.4, or Section
11-19.2 (exploitation of a child),
11-20.1 (child pornography),
11-20.1B or 11-20.3 (aggravated child
pornography),
11-1.20 or 12-13 (criminal sexual assault),
11-1.30 or 12-14 (aggravated criminal sexual
assault),
11-1.40 or 12-14.1 (predatory criminal sexual

SB2436 - 15 - LRB103 28783 RLC 55168 b
assault of a child),
11-1.60 or 12-16 (aggravated criminal sexual
abuse),
12-33 (ritualized abuse of a child);
(2) (blank);
(3) declared 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;
(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;
(5) convicted of a second or subsequent offense which
requires registration pursuant to this Act. 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;
(6) (blank); or
(7) if the person was convicted of an offense set
forth in this subsection (E) on or before July 1, 1999, the
person is a sexual predator for whom registration is
required only when the person is convicted of a felony
offense after July 1, 2011, and paragraph (2.1) of
subsection (c) of Section 3 of this Act applies.

SB2436 - 16 - LRB103 28783 RLC 55168 b
(E-5) As used in this Article, "sexual predator" also
means a person convicted of a violation or attempted violation
of any of the following Sections of the Criminal Code of 1961
or the Criminal Code of 2012:
(1) Section 9-1 (first degree murder, 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);
(2) Section 11-9.5 (sexual misconduct with a person
with a disability);
(3) 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: (A) Section 10-1
(kidnapping), (B) Section 10-2 (aggravated kidnapping),
(C) Section 10-3 (unlawful restraint), and (D) Section
10-3.1 (aggravated unlawful restraint); and
(4) Section 10-5(b)(10) (child abduction 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,

SB2436 - 17 - LRB103 28783 RLC 55168 b
provided the offense was sexually motivated as defined in
Section 10 of the Sex Offender Management Board Act).
(E-10) As used in this Article, "sexual predator" also
means a person required to register in another State due to a
conviction, adjudication or other action of any court
triggering an obligation to register as a sex offender, sexual
predator, or substantially similar status under the laws of
that State.
(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

SB2436 - 18 - LRB103 28783 RLC 55168 b
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.
(J) As used in this Article, "Internet protocol address"
means the string of numbers by which a location on the Internet
is identified by routers or other computers connected to the
Internet.
(Source: P.A. 100-428, eff. 1-1-18.)
(730 ILCS 150/7) (from Ch. 38, par. 227)
Sec. 7. Duration of registration. A person who has been
adjudicated to be sexually dangerous and is later released or
found to be no longer sexually dangerous and discharged, shall
register for the period of his or her natural life. A sexually
violent person or sexual predator shall register for the
period of his or her natural life after conviction or
adjudication if not confined to a penal institution, hospital,
or other institution or facility, and if confined, for the
period of his or her natural life after parole, discharge, or
release from any such facility. A person who becomes subject
to registration under paragraph (2.1) of subsection (c) of
Section 3 of this Article who has previously been subject to
registration under this Article shall register for the period
currently required for the offense for which the person was
previously registered if not confined to a penal institution,

SB2436 - 19 - LRB103 28783 RLC 55168 b
hospital, or other institution or facility, and if confined,
for the same period after parole, discharge, or release from
any such facility. Except as otherwise provided in this
Section, a person who becomes subject to registration under
this Article who has previously been subject to registration
under this Article or under the Murderer and Violent Offender
Against Youth Registration Act or similar registration
requirements of other jurisdictions shall register for the
period of his or her natural life if not confined to a penal
institution, hospital, or other institution or facility, and
if confined, for the period of his or her natural life after
parole, discharge, or release from any such facility. A person
convicted of a third violation of Section 11-9.2-1 of the
Criminal Code of 2012 (lewd sexual display in a penal
institution) committed on or after the effective date of this
amendatory Act of the 103rd General Assembly and before
January 1, 2030, who is required to register under this
Article shall be required to register for a period of 10 years
after conviction or adjudication if not confined to a penal
institution, hospital, or any other institution or facility,
and, if confined, for a period of 10 years after parole,
discharge, or release from any such facility. Any other person
who is required to register under this Article shall be
required to register for a period of 10 years after conviction
or adjudication if not confined to a penal institution,
hospital or any other institution or facility, and if

SB2436 - 20 - LRB103 28783 RLC 55168 b
confined, for a period of 10 years after parole, discharge or
release from any such facility. A sex offender who is allowed
to leave a county, State, or federal facility for the purposes
of work release, education, or overnight visitations shall be
required to register within 3 days of beginning such a
program. Liability for registration terminates at the
expiration of 10 years from the date of conviction or
adjudication if not confined to a penal institution, hospital
or any other institution or facility and if confined, at the
expiration of 10 years from the date of parole, discharge or
release from any such facility, providing such person does
not, during that period, again become liable to register under
the provisions of this Article. Reconfinement due to a
violation of parole or other circumstances that relates to the
original conviction or adjudication shall extend the period of
registration to 10 years after final parole, discharge, or
release. Reconfinement due to a violation of parole, a
conviction reviving registration, or other circumstances that
do not relate to the original conviction or adjudication shall
toll the running of the balance of the 10-year period of
registration, which shall not commence running until after
final parole, discharge, or release. The Director of the
Illinois State Police, consistent with administrative rules,
shall extend for 10 years the registration period of any sex
offender, as defined in Section 2 of this Act, who fails to
comply with the provisions of this Article. The registration

SB2436 - 21 - LRB103 28783 RLC 55168 b
period for any sex offender who fails to comply with any
provision of the Act shall extend the period of registration
by 10 years beginning from the first date of registration
after the violation. If the registration period is extended,
the Illinois State Police shall send a registered letter to
the law enforcement agency where the sex offender resides
within 3 days after the extension of the registration period.
The sex offender shall report to that law enforcement agency
and sign for that letter. One copy of that letter shall be kept
on file with the law enforcement agency of the jurisdiction
where the sex offender resides and one copy shall be returned
to the Illinois State Police.
(Source: P.A. 102-538, eff. 8-20-21.)