Illinois 2023-2024 Regular Session

Illinois House Bill HB1050 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1050 Introduced , by Rep. Natalie A. Manley SYNOPSIS AS INTRODUCED: 720 ILCS 5/11-9.2-1 new720 ILCS 5/11-9.2-2 new 730 ILCS 150/2 from Ch. 38, par. 222 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 for repeal of the amendatory Act on January 1, 2030. LRB103 04667 RLC 49675 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1050 Introduced , by Rep. Natalie A. Manley SYNOPSIS AS INTRODUCED: 720 ILCS 5/11-9.2-1 new720 ILCS 5/11-9.2-2 new 730 ILCS 150/2 from Ch. 38, par. 222 720 ILCS 5/11-9.2-1 new 720 ILCS 5/11-9.2-2 new 730 ILCS 150/2 from Ch. 38, par. 222 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 for repeal of the amendatory Act on January 1, 2030. LRB103 04667 RLC 49675 b LRB103 04667 RLC 49675 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1050 Introduced , by Rep. Natalie A. Manley SYNOPSIS AS INTRODUCED:
3	3	720 ILCS 5/11-9.2-1 new720 ILCS 5/11-9.2-2 new 730 ILCS 150/2 from Ch. 38, par. 222 720 ILCS 5/11-9.2-1 new 720 ILCS 5/11-9.2-2 new 730 ILCS 150/2 from Ch. 38, par. 222
4	4	720 ILCS 5/11-9.2-1 new
5	5	720 ILCS 5/11-9.2-2 new
6	6	730 ILCS 150/2 from Ch. 38, par. 222
7	7	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 for repeal of the amendatory Act on January 1, 2030.
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10	10	A BILL FOR
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13	13	1 AN ACT concerning criminal law.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Criminal Code of 2012 is amended by adding
17	17	5 Sections 11-9.2-1 and 11-9.2-2 as follows:
18	18	6 (720 ILCS 5/11-9.2-1 new)
19	19	7 Sec. 11-9.2-1. Lewd sexual display in a penal institution.
20	20	8 (a) A person commits lewd sexual display in a penal
21	21	9 institution when he or she is in the custody of a penal
22	22	10 institution and knowingly engages in any of the following acts
23	23	11 while he or she is confined in a penal institution: engages in
24	24	12 a lewd exposure of the body or sex organs, anus, or breast, for
25	25	13 the purpose or effect of intimidating, harassing, or
26	26	14 threatening one whom he or she believes to be in the presence
27	27	15 or view of such acts. For purposes of this Section, "penal
28	28	16 institution" does not include a facility of the Department of
29	29	17 Juvenile Justice or a juvenile detention facility.
30	30	18 (b) Sentence. Lewd sexual display in a penal institution
31	31	19 is a Class A misdemeanor. A person convicted of a third or
32	32	20 subsequent violation for lewd sexual display in a penal
33	33	21 institution is guilty of a Class 4 felony.
34	34	22 (c) A person charged with a violation of this Section may
35	35	23 be eligible for a mental health court program under the Mental
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39	39	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1050 Introduced , by Rep. Natalie A. Manley SYNOPSIS AS INTRODUCED:
40	40	720 ILCS 5/11-9.2-1 new720 ILCS 5/11-9.2-2 new 730 ILCS 150/2 from Ch. 38, par. 222 720 ILCS 5/11-9.2-1 new 720 ILCS 5/11-9.2-2 new 730 ILCS 150/2 from Ch. 38, par. 222
41	41	720 ILCS 5/11-9.2-1 new
42	42	720 ILCS 5/11-9.2-2 new
43	43	730 ILCS 150/2 from Ch. 38, par. 222
44	44	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 for repeal of the amendatory Act on January 1, 2030.
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46	46	LRB103 04667 RLC 49675 b
47	47	A BILL FOR
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53	53	720 ILCS 5/11-9.2-1 new
54	54	720 ILCS 5/11-9.2-2 new
55	55	730 ILCS 150/2 from Ch. 38, par. 222
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74	74	1 Health Court Treatment Act, the provisions of Section 20 of
75	75	2 that Act notwithstanding, and shall be given an eligibility
76	76	3 screening and an assessment, pursuant to the provisions of 25
77	77	4 of the Mental Health Court Treatment Act, administered by a
78	78	5 qualified mental health court professional independent of the
79	79	6 penal institution where the individual is in custody.
80	80	7 (d) Notwithstanding the provisions of subsection (e) of
81	81	8 Section 25 of the Mental Health Court Treatment Act, a person
82	82	9 who has been charged with a violation of this Section shall not
83	83	10 be liable for any fines, fees, costs, or restitution unless
84	84	11 the person fails to successfully complete that person's
85	85	12 court-ordered mental health court treatment program.
86	86	13 (e) All charges against a person for a violation of this
87	87	14 Section shall be dismissed upon the court's determination that
88	88	15 the person has successfully completed the person's
89	89	16 court-ordered mental health court treatment program.
90	90	17 Unwillingness or failure to successfully complete a
91	91	18 court-ordered mental health court treatment program shall
92	92	19 result in a conviction and be subject to the penalties under
93	93	20 subsection (b).
94	94	21 (f) A person is not guilty of a violation of this Section
95	95	22 for engaging in the conduct prohibited by this Section, if any
96	96	23 of the following are true:
97	97	24 (1) the person is under 18 years of age or not confined
98	98	25 to a penal institution;
99	99	26 (2) the person suffered from a behavioral health issue
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110	110	1 at the time of the prohibited conduct and that behavioral
111	111	2 health issue was the direct cause for the person having
112	112	3 engaged in the prohibited conduct; or
113	113	4 (3) the person was not in the actual presence or view
114	114	5 of another person.
115	115	6 (g) This Section is repealed on January 1, 2030.
116	116	7 (720 ILCS 5/11-9.2-2 new)
117	117	8 Sec. 11-9.2-2. Lewd sexual display in a penal institution
118	118	9 annual report; sunset date.
119	119	10 (a) The Illinois Criminal Justice Information Authority
120	120	11 shall compile data provided to it pursuant to this Section and
121	121	12 provide an annual report to the Governor and the General
122	122	13 Assembly on or before January 1 of each year. The Illinois
123	123	14 Criminal Justice Information Authority may include findings or
124	124	15 recommendations in its published annual report.
125	125	16 (b) The following data shall be provided to the Illinois
126	126	17 Criminal Justice Information Authority on or before October 1
127	127	18 of each year:
128	128	19 (1) each penal institution shall provide the number of
129	129	20 persons referred to a county State's Attorney for
130	130	21 prosecution of a violation of Section 11-9.2-1, the
131	131	22 demographic data of the referred persons, including, but
132	132	23 not limited to, age and sex, and any underlying charge or
133	133	24 charges upon which the referred person is being held in
134	134	25 the custody of the penal institution; and
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145	145	1 (2) each county State's Attorney shall provide the
146	146	2 number of persons charged by that State's Attorney for a
147	147	3 violation of Section 11-9.2-1, the demographic data of the
148	148	4 charged persons, including, but not limited to, age and
149	149	5 sex, and the case disposition, or lack thereof, of each
150	150	6 charged person.
151	151	7 (c) This Section is repealed on January 1, 2030.
152	152	8 Section 10. The Sex Offender Registration Act is amended
153	153	9 by changing Section 2 as follows:
154	154	10 (730 ILCS 150/2) (from Ch. 38, par. 222)
155	155	11 Sec. 2. Definitions.
156	156	12 (A) As used in this Article, "sex offender" means any
157	157	13 person who is:
158	158	14 (1) charged pursuant to Illinois law, or any
159	159	15 substantially similar federal, Uniform Code of Military
160	160	16 Justice, sister state, or foreign country law, with a sex
161	161	17 offense set forth in subsection (B) of this Section or the
162	162	18 attempt to commit an included sex offense, and:
163	163	19 (a) is convicted of such offense or an attempt to
164	164	20 commit such offense; or
165	165	21 (b) is found not guilty by reason of insanity of
166	166	22 such offense or an attempt to commit such offense; or
167	167	23 (c) is found not guilty by reason of insanity
168	168	24 pursuant to Section 104-25(c) of the Code of Criminal
169	169
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179	179	1 Procedure of 1963 of such offense or an attempt to
180	180	2 commit such offense; or
181	181	3 (d) is the subject of a finding not resulting in an
182	182	4 acquittal at a hearing conducted pursuant to Section
183	183	5 104-25(a) of the Code of Criminal Procedure of 1963
184	184	6 for the alleged commission or attempted commission of
185	185	7 such offense; or
186	186	8 (e) is found not guilty by reason of insanity
187	187	9 following a hearing conducted pursuant to a federal,
188	188	10 Uniform Code of Military Justice, sister state, or
189	189	11 foreign country law substantially similar to Section
190	190	12 104-25(c) of the Code of Criminal Procedure of 1963 of
191	191	13 such offense or of the attempted commission of such
192	192	14 offense; or
193	193	15 (f) is the subject of a finding not resulting in an
194	194	16 acquittal at a hearing conducted pursuant to a
195	195	17 federal, Uniform Code of Military Justice, sister
196	196	18 state, or foreign country law substantially similar to
197	197	19 Section 104-25(a) of the Code of Criminal Procedure of
198	198	20 1963 for the alleged violation or attempted commission
199	199	21 of such offense; or
200	200	22 (2) declared as a sexually dangerous person pursuant
201	201	23 to the Illinois Sexually Dangerous Persons Act, or any
202	202	24 substantially similar federal, Uniform Code of Military
203	203	25 Justice, sister state, or foreign country law; or
204	204	26 (3) subject to the provisions of Section 2 of the
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215	215	1 Interstate Agreements on Sexually Dangerous Persons Act;
216	216	2 or
217	217	3 (4) found to be a sexually violent person pursuant to
218	218	4 the Sexually Violent Persons Commitment Act or any
219	219	5 substantially similar federal, Uniform Code of Military
220	220	6 Justice, sister state, or foreign country law; or
221	221	7 (5) adjudicated a juvenile delinquent as the result of
222	222	8 committing or attempting to commit an act which, if
223	223	9 committed by an adult, would constitute any of the
224	224	10 offenses specified in item (B), (C), or (C-5) of this
225	225	11 Section or a violation of any substantially similar
226	226	12 federal, Uniform Code of Military Justice, sister state,
227	227	13 or foreign country law, or found guilty under Article V of
228	228	14 the Juvenile Court Act of 1987 of committing or attempting
229	229	15 to commit an act which, if committed by an adult, would
230	230	16 constitute any of the offenses specified in item (B), (C),
231	231	17 or (C-5) of this Section or a violation of any
232	232	18 substantially similar federal, Uniform Code of Military
233	233	19 Justice, sister state, or foreign country law.
234	234	20 Convictions that result from or are connected with the
235	235	21 same act, or result from offenses committed at the same time,
236	236	22 shall be counted for the purpose of this Article as one
237	237	23 conviction. Any conviction set aside pursuant to law is not a
238	238	24 conviction for purposes of this Article.
239	239	25 For purposes of this Section, "convicted" shall have the
240	240	26 same meaning as "adjudicated".
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251	251	1 (B) As used in this Article, "sex offense" means:
252	252	2 (1) A violation of any of the following Sections of
253	253	3 the Criminal Code of 1961 or the Criminal Code of 2012:
254	254	4 11-20.1 (child pornography),
255	255	5 11-20.1B or 11-20.3 (aggravated child
256	256	6 pornography),
257	257	7 11-6 (indecent solicitation of a child),
258	258	8 11-9.1 (sexual exploitation of a child),
259	259	9 11-9.2 (custodial sexual misconduct),
260	260	10 11-9.5 (sexual misconduct with a person with a
261	261	11 disability),
262	262	12 11-14.4 (promoting juvenile prostitution),
263	263	13 11-15.1 (soliciting for a juvenile prostitute),
264	264	14 11-18.1 (patronizing a juvenile prostitute),
265	265	15 11-17.1 (keeping a place of juvenile
266	266	16 prostitution),
267	267	17 11-19.1 (juvenile pimping),
268	268	18 11-19.2 (exploitation of a child),
269	269	19 11-25 (grooming),
270	270	20 11-26 (traveling to meet a minor or traveling to
271	271	21 meet a child),
272	272	22 11-1.20 or 12-13 (criminal sexual assault),
273	273	23 11-1.30 or 12-14 (aggravated criminal sexual
274	274	24 assault),
275	275	25 11-1.40 or 12-14.1 (predatory criminal sexual
276	276	26 assault of a child),
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287	287	1 11-1.50 or 12-15 (criminal sexual abuse),
288	288	2 11-1.60 or 12-16 (aggravated criminal sexual
289	289	3 abuse),
290	290	4 12-33 (ritualized abuse of a child).
291	291	5 An attempt to commit any of these offenses.
292	292	6 (1.5) A violation of any of the following Sections of
293	293	7 the Criminal Code of 1961 or the Criminal Code of 2012,
294	294	8 when the victim is a person under 18 years of age, the
295	295	9 defendant is not a parent of the victim, the offense was
296	296	10 sexually motivated as defined in Section 10 of the Sex
297	297	11 Offender Evaluation and Treatment Act, and the offense was
298	298	12 committed on or after January 1, 1996:
299	299	13 10-1 (kidnapping),
300	300	14 10-2 (aggravated kidnapping),
301	301	15 10-3 (unlawful restraint),
302	302	16 10-3.1 (aggravated unlawful restraint).
303	303	17 If the offense was committed before January 1, 1996,
304	304	18 it is a sex offense requiring registration only when the
305	305	19 person is convicted of any felony after July 1, 2011, and
306	306	20 paragraph (2.1) of subsection (c) of Section 3 of this Act
307	307	21 applies.
308	308	22 (1.6) First degree murder under Section 9-1 of the
309	309	23 Criminal Code of 1961 or the Criminal Code of 2012,
310	310	24 provided the offense was sexually motivated as defined in
311	311	25 Section 10 of the Sex Offender Management Board Act.
312	312	26 (1.7) (Blank).
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323	323	1 (1.8) A violation or attempted violation of Section
324	324	2 11-11 (sexual relations within families) of the Criminal
325	325	3 Code of 1961 or the Criminal Code of 2012, and the offense
326	326	4 was committed on or after June 1, 1997. If the offense was
327	327	5 committed before June 1, 1997, it is a sex offense
328	328	6 requiring registration only when the person is convicted
329	329	7 of any felony after July 1, 2011, and paragraph (2.1) of
330	330	8 subsection (c) of Section 3 of this Act applies.
331	331	9 (1.9) Child abduction under paragraph (10) of
332	332	10 subsection (b) of Section 10-5 of the Criminal Code of
333	333	11 1961 or the Criminal Code of 2012 committed by luring or
334	334	12 attempting to lure a child under the age of 16 into a motor
335	335	13 vehicle, building, house trailer, or dwelling place
336	336	14 without the consent of the parent or lawful custodian of
337	337	15 the child for other than a lawful purpose and the offense
338	338	16 was committed on or after January 1, 1998, provided the
339	339	17 offense was sexually motivated as defined in Section 10 of
340	340	18 the Sex Offender Management Board Act. If the offense was
341	341	19 committed before January 1, 1998, it is a sex offense
342	342	20 requiring registration only when the person is convicted
343	343	21 of any felony after July 1, 2011, and paragraph (2.1) of
344	344	22 subsection (c) of Section 3 of this Act applies.
345	345	23 (1.10) A violation or attempted violation of any of
346	346	24 the following Sections of the Criminal Code of 1961 or the
347	347	25 Criminal Code of 2012 when the offense was committed on or
348	348	26 after July 1, 1999:
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359	359	1 10-4 (forcible detention, if the victim is under
360	360	2 18 years of age), provided the offense was sexually
361	361	3 motivated as defined in Section 10 of the Sex Offender
362	362	4 Management Board Act,
363	363	5 11-6.5 (indecent solicitation of an adult),
364	364	6 11-14.3 that involves soliciting for a prostitute,
365	365	7 or 11-15 (soliciting for a prostitute, if the victim
366	366	8 is under 18 years of age),
367	367	9 subdivision (a)(2)(A) or (a)(2)(B) of Section
368	368	10 11-14.3, or Section 11-16 (pandering, if the victim is
369	369	11 under 18 years of age),
370	370	12 11-18 (patronizing a prostitute, if the victim is
371	371	13 under 18 years of age),
372	372	14 subdivision (a)(2)(C) of Section 11-14.3, or
373	373	15 Section 11-19 (pimping, if the victim is under 18
374	374	16 years of age).
375	375	17 If the offense was committed before July 1, 1999, it
376	376	18 is a sex offense requiring registration only when the
377	377	19 person is convicted of any felony after July 1, 2011, and
378	378	20 paragraph (2.1) of subsection (c) of Section 3 of this Act
379	379	21 applies.
380	380	22 (1.11) A violation or attempted violation of any of
381	381	23 the following Sections of the Criminal Code of 1961 or the
382	382	24 Criminal Code of 2012 when the offense was committed on or
383	383	25 after August 22, 2002:
384	384	26 11-9 or 11-30 (public indecency for a third or
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395	395	1 subsequent conviction).
396	396	2 If the third or subsequent conviction was imposed
397	397	3 before August 22, 2002, it is a sex offense requiring
398	398	4 registration only when the person is convicted of any
399	399	5 felony after July 1, 2011, and paragraph (2.1) of
400	400	6 subsection (c) of Section 3 of this Act applies.
401	401	7 (1.12) A violation or attempted violation of Section
402	402	8 5.1 of the Wrongs to Children Act or Section 11-9.1A of the
403	403	9 Criminal Code of 1961 or the Criminal Code of 2012
404	404	10 (permitting sexual abuse) when the offense was committed
405	405	11 on or after August 22, 2002. If the offense was committed
406	406	12 before August 22, 2002, it is a sex offense requiring
407	407	13 registration only when the person is convicted of any
408	408	14 felony after July 1, 2011, and paragraph (2.1) of
409	409	15 subsection (c) of Section 3 of this Act applies.
410	410	16 (1.13) A third violation of Section 11-9.2-1 (lewd
411	411	17 sexual display in a penal institution) of the Criminal
412	412	18 Code of 2012, committed on or after the effective date of
413	413	19 this amendatory Act of the 103rd General Assembly and
414	414	20 before January 1, 2030.
415	415	21 (2) A violation of any former law of this State
416	416	22 substantially equivalent to any offense listed in
417	417	23 subsection (B) of this Section.
418	418	24 (C) A conviction for an offense of federal law, Uniform
419	419	25 Code of Military Justice, or the law of another state or a
420	420	26 foreign country that is substantially equivalent to any
421	421
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431	431	1 offense listed in subsections (B), (C), (E), and (E-5) of this
432	432	2 Section shall constitute a conviction for the purpose of this
433	433	3 Article. A finding or adjudication as a sexually dangerous
434	434	4 person or a sexually violent person under any federal law,
435	435	5 Uniform Code of Military Justice, or the law of another state
436	436	6 or foreign country that is substantially equivalent to the
437	437	7 Sexually Dangerous Persons Act or the Sexually Violent Persons
438	438	8 Commitment Act shall constitute an adjudication for the
439	439	9 purposes of this Article.
440	440	10 (C-5) A person at least 17 years of age at the time of the
441	441	11 commission of the offense who is convicted of first degree
442	442	12 murder under Section 9-1 of the Criminal Code of 1961 or the
443	443	13 Criminal Code of 2012, against a person under 18 years of age,
444	444	14 shall be required to register for natural life. A conviction
445	445	15 for an offense of federal, Uniform Code of Military Justice,
446	446	16 sister state, or foreign country law that is substantially
447	447	17 equivalent to any offense listed in subsection (C-5) of this
448	448	18 Section shall constitute a conviction for the purpose of this
449	449	19 Article. This subsection (C-5) applies to a person who
450	450	20 committed the offense before June 1, 1996 if: (i) the person is
451	451	21 incarcerated in an Illinois Department of Corrections facility
452	452	22 on August 20, 2004 (the effective date of Public Act 93-977),
453	453	23 or (ii) subparagraph (i) does not apply and the person is
454	454	24 convicted of any felony after July 1, 2011, and paragraph
455	455	25 (2.1) of subsection (c) of Section 3 of this Act applies.
456	456	26 (C-6) A person who is convicted or adjudicated delinquent
457	457
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467	467	1 of first degree murder as defined in Section 9-1 of the
468	468	2 Criminal Code of 1961 or the Criminal Code of 2012, against a
469	469	3 person 18 years of age or over, shall be required to register
470	470	4 for his or her natural life. A conviction for an offense of
471	471	5 federal, Uniform Code of Military Justice, sister state, or
472	472	6 foreign country law that is substantially equivalent to any
473	473	7 offense listed in subsection (C-6) of this Section shall
474	474	8 constitute a conviction for the purpose of this Article. This
475	475	9 subsection (C-6) does not apply to those individuals released
476	476	10 from incarceration more than 10 years prior to January 1, 2012
477	477	11 (the effective date of Public Act 97-154).
478	478	12 (D) As used in this Article, "law enforcement agency
479	479	13 having jurisdiction" means the Chief of Police in each of the
480	480	14 municipalities in which the sex offender expects to reside,
481	481	15 work, or attend school (1) upon his or her discharge, parole or
482	482	16 release or (2) during the service of his or her sentence of
483	483	17 probation or conditional discharge, or the Sheriff of the
484	484	18 county, in the event no Police Chief exists or if the offender
485	485	19 intends to reside, work, or attend school in an unincorporated
486	486	20 area. "Law enforcement agency having jurisdiction" includes
487	487	21 the location where out-of-state students attend school and
488	488	22 where out-of-state employees are employed or are otherwise
489	489	23 required to register.
490	490	24 (D-1) As used in this Article, "supervising officer" means
491	491	25 the assigned Illinois Department of Corrections parole agent
492	492	26 or county probation officer.
493	493
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503	503	1 (E) As used in this Article, "sexual predator" means any
504	504	2 person who, after July 1, 1999, is:
505	505	3 (1) Convicted for an offense of federal, Uniform Code
506	506	4 of Military Justice, sister state, or foreign country law
507	507	5 that is substantially equivalent to any offense listed in
508	508	6 subsection (E) or (E-5) of this Section shall constitute a
509	509	7 conviction for the purpose of this Article. Convicted of a
510	510	8 violation or attempted violation of any of the following
511	511	9 Sections of the Criminal Code of 1961 or the Criminal Code
512	512	10 of 2012:
513	513	11 10-5.1 (luring of a minor),
514	514	12 11-14.4 that involves keeping a place of juvenile
515	515	13 prostitution, or 11-17.1 (keeping a place of juvenile
516	516	14 prostitution),
517	517	15 subdivision (a)(2) or (a)(3) of Section 11-14.4,
518	518	16 or Section 11-19.1 (juvenile pimping),
519	519	17 subdivision (a)(4) of Section 11-14.4, or Section
520	520	18 11-19.2 (exploitation of a child),
521	521	19 11-20.1 (child pornography),
522	522	20 11-20.1B or 11-20.3 (aggravated child
523	523	21 pornography),
524	524	22 11-1.20 or 12-13 (criminal sexual assault),
525	525	23 11-1.30 or 12-14 (aggravated criminal sexual
526	526	24 assault),
527	527	25 11-1.40 or 12-14.1 (predatory criminal sexual
528	528	26 assault of a child),
529	529
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539	539	1 11-1.60 or 12-16 (aggravated criminal sexual
540	540	2 abuse),
541	541	3 12-33 (ritualized abuse of a child);
542	542	4 (2) (blank);
543	543	5 (3) declared as a sexually dangerous person pursuant
544	544	6 to the Sexually Dangerous Persons Act or any substantially
545	545	7 similar federal, Uniform Code of Military Justice, sister
546	546	8 state, or foreign country law;
547	547	9 (4) found to be a sexually violent person pursuant to
548	548	10 the Sexually Violent Persons Commitment Act or any
549	549	11 substantially similar federal, Uniform Code of Military
550	550	12 Justice, sister state, or foreign country law;
551	551	13 (5) convicted of a second or subsequent offense which
552	552	14 requires registration pursuant to this Act. For purposes
553	553	15 of this paragraph (5), "convicted" shall include a
554	554	16 conviction under any substantially similar Illinois,
555	555	17 federal, Uniform Code of Military Justice, sister state,
556	556	18 or foreign country law;
557	557	19 (6) (blank); or
558	558	20 (7) if the person was convicted of an offense set
559	559	21 forth in this subsection (E) on or before July 1, 1999, the
560	560	22 person is a sexual predator for whom registration is
561	561	23 required only when the person is convicted of a felony
562	562	24 offense after July 1, 2011, and paragraph (2.1) of
563	563	25 subsection (c) of Section 3 of this Act applies.
564	564	26 (E-5) As used in this Article, "sexual predator" also
565	565
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575	575	1 means a person convicted of a violation or attempted violation
576	576	2 of any of the following Sections of the Criminal Code of 1961
577	577	3 or the Criminal Code of 2012:
578	578	4 (1) Section 9-1 (first degree murder, when the victim
579	579	5 was a person under 18 years of age and the defendant was at
580	580	6 least 17 years of age at the time of the commission of the
581	581	7 offense, provided the offense was sexually motivated as
582	582	8 defined in Section 10 of the Sex Offender Management Board
583	583	9 Act);
584	584	10 (2) Section 11-9.5 (sexual misconduct with a person
585	585	11 with a disability);
586	586	12 (3) when the victim is a person under 18 years of age,
587	587	13 the defendant is not a parent of the victim, the offense
588	588	14 was sexually motivated as defined in Section 10 of the Sex
589	589	15 Offender Management Board Act, and the offense was
590	590	16 committed on or after January 1, 1996: (A) Section 10-1
591	591	17 (kidnapping), (B) Section 10-2 (aggravated kidnapping),
592	592	18 (C) Section 10-3 (unlawful restraint), and (D) Section
593	593	19 10-3.1 (aggravated unlawful restraint); and
594	594	20 (4) Section 10-5(b)(10) (child abduction committed by
595	595	21 luring or attempting to lure a child under the age of 16
596	596	22 into a motor vehicle, building, house trailer, or dwelling
597	597	23 place without the consent of the parent or lawful
598	598	24 custodian of the child for other than a lawful purpose and
599	599	25 the offense was committed on or after January 1, 1998,
600	600	26 provided the offense was sexually motivated as defined in
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611	611	1 Section 10 of the Sex Offender Management Board Act).
612	612	2 (E-10) As used in this Article, "sexual predator" also
613	613	3 means a person required to register in another State due to a
614	614	4 conviction, adjudication or other action of any court
615	615	5 triggering an obligation to register as a sex offender, sexual
616	616	6 predator, or substantially similar status under the laws of
617	617	7 that State.
618	618	8 (F) As used in this Article, "out-of-state student" means
619	619	9 any sex offender, as defined in this Section, or sexual
620	620	10 predator who is enrolled in Illinois, on a full-time or
621	621	11 part-time basis, in any public or private educational
622	622	12 institution, including, but not limited to, any secondary
623	623	13 school, trade or professional institution, or institution of
624	624	14 higher learning.
625	625	15 (G) As used in this Article, "out-of-state employee" means
626	626	16 any sex offender, as defined in this Section, or sexual
627	627	17 predator who works in Illinois, regardless of whether the
628	628	18 individual receives payment for services performed, for a
629	629	19 period of time of 10 or more days or for an aggregate period of
630	630	20 time of 30 or more days during any calendar year. Persons who
631	631	21 operate motor vehicles in the State accrue one day of
632	632	22 employment time for any portion of a day spent in Illinois.
633	633	23 (H) As used in this Article, "school" means any public or
634	634	24 private educational institution, including, but not limited
635	635	25 to, any elementary or secondary school, trade or professional
636	636	26 institution, or institution of higher education.
637	637
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647	647	1 (I) As used in this Article, "fixed residence" means any
648	648	2 and all places that a sex offender resides for an aggregate
649	649	3 period of time of 5 or more days in a calendar year.
650	650	4 (J) As used in this Article, "Internet protocol address"
651	651	5 means the string of numbers by which a location on the Internet
652	652	6 is identified by routers or other computers connected to the
653	653	7 Internet.
654	654	8 (Source: P.A. 100-428, eff. 1-1-18.)
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