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
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
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.
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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,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 2012 is amended by adding
5 Sections 11-9.2-1 and 11-9.2-2 as follows:
6 (720 ILCS 5/11-9.2-1 new)
7 Sec. 11-9.2-1. Lewd sexual display in a penal institution.
8 (a) A person commits lewd sexual display in a penal
9 institution when he or she is in the custody of a penal
10 institution and knowingly engages in any of the following acts
11 while he or she is confined in a penal institution: engages in
12 a lewd exposure of the body or sex organs, anus, or breast, for
13 the purpose or effect of intimidating, harassing, or
14 threatening one whom he or she believes to be in the presence
15 or view of such acts. For purposes of this Section, "penal
16 institution" does not include a facility of the Department of
17 Juvenile Justice or a juvenile detention facility.
18 (b) Sentence. Lewd sexual display in a penal institution
19 is a Class A misdemeanor. A person convicted of a third or
20 subsequent violation for lewd sexual display in a penal
21 institution is guilty of a Class 4 felony.
22 (c) A person charged with a violation of this Section may
23 be eligible for a mental health court program under the Mental
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
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.
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A BILL FOR
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
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1 Health Court Treatment Act, the provisions of Section 20 of
2 that Act notwithstanding, and shall be given an eligibility
3 screening and an assessment, pursuant to the provisions of 25
4 of the Mental Health Court Treatment Act, administered by a
5 qualified mental health court professional independent of the
6 penal institution where the individual is in custody.
7 (d) Notwithstanding the provisions of subsection (e) of
8 Section 25 of the Mental Health Court Treatment Act, a person
9 who has been charged with a violation of this Section shall not
10 be liable for any fines, fees, costs, or restitution unless
11 the person fails to successfully complete that person's
12 court-ordered mental health court treatment program.
13 (e) All charges against a person for a violation of this
14 Section shall be dismissed upon the court's determination that
15 the person has successfully completed the person's
16 court-ordered mental health court treatment program.
17 Unwillingness or failure to successfully complete a
18 court-ordered mental health court treatment program shall
19 result in a conviction and be subject to the penalties under
20 subsection (b).
21 (f) A person is not guilty of a violation of this Section
22 for engaging in the conduct prohibited by this Section, if any
23 of the following are true:
24 (1) the person is under 18 years of age or not confined
25 to a penal institution;
26 (2) the person suffered from a behavioral health issue
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1 at the time of the prohibited conduct and that behavioral
2 health issue was the direct cause for the person having
3 engaged in the prohibited conduct; or
4 (3) the person was not in the actual presence or view
5 of another person.
6 (g) This Section is repealed on January 1, 2030.
7 (720 ILCS 5/11-9.2-2 new)
8 Sec. 11-9.2-2. Lewd sexual display in a penal institution
9 annual report; sunset date.
10 (a) The Illinois Criminal Justice Information Authority
11 shall compile data provided to it pursuant to this Section and
12 provide an annual report to the Governor and the General
13 Assembly on or before January 1 of each year. The Illinois
14 Criminal Justice Information Authority may include findings or
15 recommendations in its published annual report.
16 (b) The following data shall be provided to the Illinois
17 Criminal Justice Information Authority on or before October 1
18 of each year:
19 (1) each penal institution shall provide the number of
20 persons referred to a county State's Attorney for
21 prosecution of a violation of Section 11-9.2-1, the
22 demographic data of the referred persons, including, but
23 not limited to, age and sex, and any underlying charge or
24 charges upon which the referred person is being held in
25 the custody of the penal institution; and
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1 (2) each county State's Attorney shall provide the
2 number of persons charged by that State's Attorney for a
3 violation of Section 11-9.2-1, the demographic data of the
4 charged persons, including, but not limited to, age and
5 sex, and the case disposition, or lack thereof, of each
6 charged person.
7 (c) This Section is repealed on January 1, 2030.
8 Section 10. The Sex Offender Registration Act is amended
9 by changing Section 2 as follows:
10 (730 ILCS 150/2) (from Ch. 38, par. 222)
11 Sec. 2. Definitions.
12 (A) As used in this Article, "sex offender" means any
13 person who is:
14 (1) charged pursuant to Illinois law, or any
15 substantially similar federal, Uniform Code of Military
16 Justice, sister state, or foreign country law, with a sex
17 offense set forth in subsection (B) of this Section or the
18 attempt to commit an included sex offense, and:
19 (a) is convicted of such offense or an attempt to
20 commit such offense; or
21 (b) is found not guilty by reason of insanity of
22 such offense or an attempt to commit such offense; or
23 (c) is found not guilty by reason of insanity
24 pursuant to Section 104-25(c) of the Code of Criminal
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1 Procedure of 1963 of such offense or an attempt to
2 commit such offense; or
3 (d) is the subject of a finding not resulting in an
4 acquittal at a hearing conducted pursuant to Section
5 104-25(a) of the Code of Criminal Procedure of 1963
6 for the alleged commission or attempted commission of
7 such offense; or
8 (e) is found not guilty by reason of insanity
9 following a hearing conducted pursuant to a federal,
10 Uniform Code of Military Justice, sister state, or
11 foreign country law substantially similar to Section
12 104-25(c) of the Code of Criminal Procedure of 1963 of
13 such offense or of the attempted commission of such
14 offense; or
15 (f) is the subject of a finding not resulting in an
16 acquittal at a hearing conducted pursuant to a
17 federal, Uniform Code of Military Justice, sister
18 state, or foreign country law substantially similar to
19 Section 104-25(a) of the Code of Criminal Procedure of
20 1963 for the alleged violation or attempted commission
21 of such offense; or
22 (2) declared as a sexually dangerous person pursuant
23 to the Illinois Sexually Dangerous Persons Act, or any
24 substantially similar federal, Uniform Code of Military
25 Justice, sister state, or foreign country law; or
26 (3) subject to the provisions of Section 2 of the
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1 Interstate Agreements on Sexually Dangerous Persons Act;
2 or
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; or
7 (5) adjudicated a juvenile delinquent as the result of
8 committing or attempting to commit an act which, if
9 committed by an adult, would constitute any of the
10 offenses specified in item (B), (C), or (C-5) of this
11 Section or a violation of any substantially similar
12 federal, Uniform Code of Military Justice, sister state,
13 or foreign country law, or found guilty under Article V of
14 the Juvenile Court Act of 1987 of committing or attempting
15 to commit an act which, if committed by an adult, would
16 constitute any of the offenses specified in item (B), (C),
17 or (C-5) of this Section or a violation of any
18 substantially similar federal, Uniform Code of Military
19 Justice, sister state, or foreign country law.
20 Convictions that result from or are connected with the
21 same act, or result from offenses committed at the same time,
22 shall be counted for the purpose of this Article as one
23 conviction. Any conviction set aside pursuant to law is not a
24 conviction for purposes of this Article.
25 For purposes of this Section, "convicted" shall have the
26 same meaning as "adjudicated".
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1 (B) As used in this Article, "sex offense" means:
2 (1) A violation of any of the following Sections of
3 the Criminal Code of 1961 or the Criminal Code of 2012:
4 11-20.1 (child pornography),
5 11-20.1B or 11-20.3 (aggravated child
6 pornography),
7 11-6 (indecent solicitation of a child),
8 11-9.1 (sexual exploitation of a child),
9 11-9.2 (custodial sexual misconduct),
10 11-9.5 (sexual misconduct with a person with a
11 disability),
12 11-14.4 (promoting juvenile prostitution),
13 11-15.1 (soliciting for a juvenile prostitute),
14 11-18.1 (patronizing a juvenile prostitute),
15 11-17.1 (keeping a place of juvenile
16 prostitution),
17 11-19.1 (juvenile pimping),
18 11-19.2 (exploitation of a child),
19 11-25 (grooming),
20 11-26 (traveling to meet a minor or traveling to
21 meet a child),
22 11-1.20 or 12-13 (criminal sexual assault),
23 11-1.30 or 12-14 (aggravated criminal sexual
24 assault),
25 11-1.40 or 12-14.1 (predatory criminal sexual
26 assault of a child),
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1 11-1.50 or 12-15 (criminal sexual abuse),
2 11-1.60 or 12-16 (aggravated criminal sexual
3 abuse),
4 12-33 (ritualized abuse of a child).
5 An attempt to commit any of these offenses.
6 (1.5) A violation of any of the following Sections of
7 the Criminal Code of 1961 or the Criminal Code of 2012,
8 when the victim is a person under 18 years of age, the
9 defendant is not a parent of the victim, the offense was
10 sexually motivated as defined in Section 10 of the Sex
11 Offender Evaluation and Treatment Act, and the offense was
12 committed on or after January 1, 1996:
13 10-1 (kidnapping),
14 10-2 (aggravated kidnapping),
15 10-3 (unlawful restraint),
16 10-3.1 (aggravated unlawful restraint).
17 If the offense was committed before January 1, 1996,
18 it is a sex offense requiring registration only when the
19 person is convicted of any felony after July 1, 2011, and
20 paragraph (2.1) of subsection (c) of Section 3 of this Act
21 applies.
22 (1.6) First degree murder under Section 9-1 of the
23 Criminal Code of 1961 or the Criminal Code of 2012,
24 provided the offense was sexually motivated as defined in
25 Section 10 of the Sex Offender Management Board Act.
26 (1.7) (Blank).
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1 (1.8) A violation or attempted violation of Section
2 11-11 (sexual relations within families) of the Criminal
3 Code of 1961 or the Criminal Code of 2012, and the offense
4 was committed on or after June 1, 1997. If the offense was
5 committed before June 1, 1997, it is a sex offense
6 requiring registration only when the person is convicted
7 of any felony after July 1, 2011, and paragraph (2.1) of
8 subsection (c) of Section 3 of this Act applies.
9 (1.9) Child abduction under paragraph (10) of
10 subsection (b) of Section 10-5 of the Criminal Code of
11 1961 or the Criminal Code of 2012 committed by luring or
12 attempting to lure a child under the age of 16 into a motor
13 vehicle, building, house trailer, or dwelling place
14 without the consent of the parent or lawful custodian of
15 the child for other than a lawful purpose and the offense
16 was committed on or after January 1, 1998, provided the
17 offense was sexually motivated as defined in Section 10 of
18 the Sex Offender Management Board Act. If the offense was
19 committed before January 1, 1998, it is a sex offense
20 requiring registration only when the person is convicted
21 of any felony after July 1, 2011, and paragraph (2.1) of
22 subsection (c) of Section 3 of this Act applies.
23 (1.10) A violation or attempted violation of any of
24 the following Sections of the Criminal Code of 1961 or the
25 Criminal Code of 2012 when the offense was committed on or
26 after July 1, 1999:
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1 10-4 (forcible detention, if the victim is under
2 18 years of age), provided the offense was sexually
3 motivated as defined in Section 10 of the Sex Offender
4 Management Board Act,
5 11-6.5 (indecent solicitation of an adult),
6 11-14.3 that involves soliciting for a prostitute,
7 or 11-15 (soliciting for a prostitute, if the victim
8 is under 18 years of age),
9 subdivision (a)(2)(A) or (a)(2)(B) of Section
10 11-14.3, or Section 11-16 (pandering, if the victim is
11 under 18 years of age),
12 11-18 (patronizing a prostitute, if the victim is
13 under 18 years of age),
14 subdivision (a)(2)(C) of Section 11-14.3, or
15 Section 11-19 (pimping, if the victim is under 18
16 years of age).
17 If the offense was committed before July 1, 1999, it
18 is a sex offense requiring registration only when the
19 person is convicted of any felony after July 1, 2011, and
20 paragraph (2.1) of subsection (c) of Section 3 of this Act
21 applies.
22 (1.11) 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 August 22, 2002:
26 11-9 or 11-30 (public indecency for a third or
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1 subsequent conviction).
2 If the third or subsequent conviction was imposed
3 before August 22, 2002, it is a sex offense requiring
4 registration only when the person is convicted of any
5 felony after July 1, 2011, and paragraph (2.1) of
6 subsection (c) of Section 3 of this Act applies.
7 (1.12) A violation or attempted violation of Section
8 5.1 of the Wrongs to Children Act or Section 11-9.1A of the
9 Criminal Code of 1961 or the Criminal Code of 2012
10 (permitting sexual abuse) when the offense was committed
11 on or after August 22, 2002. If the offense was committed
12 before August 22, 2002, it is a sex offense requiring
13 registration only when the person is convicted of any
14 felony after July 1, 2011, and paragraph (2.1) of
15 subsection (c) of Section 3 of this Act applies.
16 (1.13) A third violation of Section 11-9.2-1 (lewd
17 sexual display in a penal institution) of the Criminal
18 Code of 2012, committed on or after the effective date of
19 this amendatory Act of the 103rd General Assembly and
20 before January 1, 2030.
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.
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
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1 offense listed in subsections (B), (C), (E), and (E-5) of this
2 Section shall constitute a conviction for the purpose of this
3 Article. A finding or adjudication as a sexually dangerous
4 person or a sexually violent person under any federal law,
5 Uniform Code of Military Justice, or the law of another state
6 or foreign country that is substantially equivalent to the
7 Sexually Dangerous Persons Act or the Sexually Violent Persons
8 Commitment Act shall constitute an adjudication for the
9 purposes of this Article.
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,
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
25 (2.1) of subsection (c) of Section 3 of this Act applies.
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
13 having 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.
24 (D-1) As used in this Article, "supervising officer" means
25 the assigned Illinois Department of Corrections parole agent
26 or 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:
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
7 conviction for the purpose of this Article. Convicted of a
8 violation or attempted violation of any of the following
9 Sections of the Criminal Code of 1961 or the Criminal Code
10 of 2012:
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),
15 subdivision (a)(2) or (a)(3) of Section 11-14.4,
16 or Section 11-19.1 (juvenile pimping),
17 subdivision (a)(4) of Section 11-14.4, or Section
18 11-19.2 (exploitation of a child),
19 11-20.1 (child pornography),
20 11-20.1B or 11-20.3 (aggravated child
21 pornography),
22 11-1.20 or 12-13 (criminal sexual assault),
23 11-1.30 or 12-14 (aggravated criminal sexual
24 assault),
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),
3 12-33 (ritualized abuse of a child);
4 (2) (blank);
5 (3) declared as a sexually dangerous person pursuant
6 to the Sexually Dangerous Persons Act or any substantially
7 similar federal, Uniform Code of Military Justice, sister
8 state, or foreign country law;
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;
13 (5) convicted of a second or subsequent offense which
14 requires registration pursuant to this Act. For purposes
15 of this paragraph (5), "convicted" shall include a
16 conviction under any substantially similar Illinois,
17 federal, Uniform Code of Military Justice, sister state,
18 or foreign country law;
19 (6) (blank); or
20 (7) if the person was convicted of an offense set
21 forth 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
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1 means a person convicted of a violation or attempted violation
2 of any of the following Sections of the Criminal Code of 1961
3 or the 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
24 custodian of the child for other than a lawful purpose and
25 the offense was committed on or after January 1, 1998,
26 provided the offense was sexually motivated as defined in
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1 Section 10 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.
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.
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.
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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