Illinois 2023-2024 Regular Session

Illinois House Bill HB1432 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 HB1432 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED: 720 ILCS 5/11-9.3 720 ILCS 5/11-9.4-1 730 ILCS 150/2 from Ch. 38, par. 222 Amends the Criminal Code of 2012. Provides that for the purposes of the statutes prohibiting the presence within school zone by child sex offenders and prohibiting their approaching, contacting, residing with, or communicating with a child within certain places and prohibiting sexual predators and child sex offenders presence or loitering in or near public parks, includes in the definition of child sex offender when the victim is a person under 18 years of age at the time of the commission of the offense, a person who committed a violation or attempted violation of the unauthorized video recording and live video transmission offense that involves: (1) knowingly making a video record or transmitting live video of another person without that person's consent in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom; (2) knowingly making a video record or transmitting live video of another person's intimate parts for the purpose of viewing the body of or the undergarments worn by that other person without that person's consent; or (3) placing or causing to be placed a device that makes a video record or transmitting a live video in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom with the intent to make a video record or transmitting live video of another person without that person's consent. Amends the Sex Offender Registration Act. Provides that "sex offense" under the Act includes a person who committed a violation or attempted violation of these video recording or live video transmission violations. LRB103 05851 RLC 50871 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1432 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED: 720 ILCS 5/11-9.3 720 ILCS 5/11-9.4-1 730 ILCS 150/2 from Ch. 38, par. 222 720 ILCS 5/11-9.3 720 ILCS 5/11-9.4-1 730 ILCS 150/2 from Ch. 38, par. 222 Amends the Criminal Code of 2012. Provides that for the purposes of the statutes prohibiting the presence within school zone by child sex offenders and prohibiting their approaching, contacting, residing with, or communicating with a child within certain places and prohibiting sexual predators and child sex offenders presence or loitering in or near public parks, includes in the definition of child sex offender when the victim is a person under 18 years of age at the time of the commission of the offense, a person who committed a violation or attempted violation of the unauthorized video recording and live video transmission offense that involves: (1) knowingly making a video record or transmitting live video of another person without that person's consent in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom; (2) knowingly making a video record or transmitting live video of another person's intimate parts for the purpose of viewing the body of or the undergarments worn by that other person without that person's consent; or (3) placing or causing to be placed a device that makes a video record or transmitting a live video in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom with the intent to make a video record or transmitting live video of another person without that person's consent. Amends the Sex Offender Registration Act. Provides that "sex offense" under the Act includes a person who committed a violation or attempted violation of these video recording or live video transmission violations. LRB103 05851 RLC 50871 b LRB103 05851 RLC 50871 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1432 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
3	3	720 ILCS 5/11-9.3 720 ILCS 5/11-9.4-1 730 ILCS 150/2 from Ch. 38, par. 222 720 ILCS 5/11-9.3 720 ILCS 5/11-9.4-1 730 ILCS 150/2 from Ch. 38, par. 222
4	4	720 ILCS 5/11-9.3
5	5	720 ILCS 5/11-9.4-1
6	6	730 ILCS 150/2 from Ch. 38, par. 222
7	7	Amends the Criminal Code of 2012. Provides that for the purposes of the statutes prohibiting the presence within school zone by child sex offenders and prohibiting their approaching, contacting, residing with, or communicating with a child within certain places and prohibiting sexual predators and child sex offenders presence or loitering in or near public parks, includes in the definition of child sex offender when the victim is a person under 18 years of age at the time of the commission of the offense, a person who committed a violation or attempted violation of the unauthorized video recording and live video transmission offense that involves: (1) knowingly making a video record or transmitting live video of another person without that person's consent in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom; (2) knowingly making a video record or transmitting live video of another person's intimate parts for the purpose of viewing the body of or the undergarments worn by that other person without that person's consent; or (3) placing or causing to be placed a device that makes a video record or transmitting a live video in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom with the intent to make a video record or transmitting live video of another person without that person's consent. Amends the Sex Offender Registration Act. Provides that "sex offense" under the Act includes a person who committed a violation or attempted violation of these video recording or live video transmission violations.
8	8	LRB103 05851 RLC 50871 b LRB103 05851 RLC 50871 b
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10	10	A BILL FOR
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12	12	HB1432 LRB103 05851 RLC 50871 b
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
17	17	5 changing Sections 11-9.3 and 11-9.4-1 as follows:
18	18	6 (720 ILCS 5/11-9.3)
19	19	7 Sec. 11-9.3. Presence within school zone by child sex
20	20	8 offenders prohibited; approaching, contacting, residing with,
21	21	9 or communicating with a child within certain places by child
22	22	10 sex offenders prohibited.
23	23	11 (a) It is unlawful for a child sex offender to knowingly be
24	24	12 present in any school building, on real property comprising
25	25	13 any school, or in any conveyance owned, leased, or contracted
26	26	14 by a school to transport students to or from school or a school
27	27	15 related activity when persons under the age of 18 are present
28	28	16 in the building, on the grounds or in the conveyance, unless
29	29	17 the offender is a parent or guardian of a student attending the
30	30	18 school and the parent or guardian is: (i) attending a
31	31	19 conference at the school with school personnel to discuss the
32	32	20 progress of his or her child academically or socially, (ii)
33	33	21 participating in child review conferences in which evaluation
34	34	22 and placement decisions may be made with respect to his or her
35	35	23 child regarding special education services, or (iii) attending
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39	39	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1432 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
40	40	720 ILCS 5/11-9.3 720 ILCS 5/11-9.4-1 730 ILCS 150/2 from Ch. 38, par. 222 720 ILCS 5/11-9.3 720 ILCS 5/11-9.4-1 730 ILCS 150/2 from Ch. 38, par. 222
41	41	720 ILCS 5/11-9.3
42	42	720 ILCS 5/11-9.4-1
43	43	730 ILCS 150/2 from Ch. 38, par. 222
44	44	Amends the Criminal Code of 2012. Provides that for the purposes of the statutes prohibiting the presence within school zone by child sex offenders and prohibiting their approaching, contacting, residing with, or communicating with a child within certain places and prohibiting sexual predators and child sex offenders presence or loitering in or near public parks, includes in the definition of child sex offender when the victim is a person under 18 years of age at the time of the commission of the offense, a person who committed a violation or attempted violation of the unauthorized video recording and live video transmission offense that involves: (1) knowingly making a video record or transmitting live video of another person without that person's consent in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom; (2) knowingly making a video record or transmitting live video of another person's intimate parts for the purpose of viewing the body of or the undergarments worn by that other person without that person's consent; or (3) placing or causing to be placed a device that makes a video record or transmitting a live video in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom with the intent to make a video record or transmitting live video of another person without that person's consent. Amends the Sex Offender Registration Act. Provides that "sex offense" under the Act includes a person who committed a violation or attempted violation of these video recording or live video transmission violations.
45	45	LRB103 05851 RLC 50871 b LRB103 05851 RLC 50871 b
46	46	LRB103 05851 RLC 50871 b
47	47	A BILL FOR
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53	53	720 ILCS 5/11-9.3
54	54	720 ILCS 5/11-9.4-1
55	55	730 ILCS 150/2 from Ch. 38, par. 222
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74	74	1 conferences to discuss other student issues concerning his or
75	75	2 her child such as retention and promotion and notifies the
76	76	3 principal of the school of his or her presence at the school or
77	77	4 unless the offender has permission to be present from the
78	78	5 superintendent or the school board or in the case of a private
79	79	6 school from the principal. In the case of a public school, if
80	80	7 permission is granted, the superintendent or school board
81	81	8 president must inform the principal of the school where the
82	82	9 sex offender will be present. Notification includes the nature
83	83	10 of the sex offender's visit and the hours in which the sex
84	84	11 offender will be present in the school. The sex offender is
85	85	12 responsible for notifying the principal's office when he or
86	86	13 she arrives on school property and when he or she departs from
87	87	14 school property. If the sex offender is to be present in the
88	88	15 vicinity of children, the sex offender has the duty to remain
89	89	16 under the direct supervision of a school official.
90	90	17 (a-5) It is unlawful for a child sex offender to knowingly
91	91	18 be present within 100 feet of a site posted as a pick-up or
92	92	19 discharge stop for a conveyance owned, leased, or contracted
93	93	20 by a school to transport students to or from school or a school
94	94	21 related activity when one or more persons under the age of 18
95	95	22 are present at the site.
96	96	23 (a-10) It is unlawful for a child sex offender to
97	97	24 knowingly be present in any public park building, a playground
98	98	25 or recreation area within any publicly accessible privately
99	99	26 owned building, or on real property comprising any public park
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110	110	1 when persons under the age of 18 are present in the building or
111	111	2 on the grounds and to approach, contact, or communicate with a
112	112	3 child under 18 years of age, unless the offender is a parent or
113	113	4 guardian of a person under 18 years of age present in the
114	114	5 building or on the grounds.
115	115	6 (b) It is unlawful for a child sex offender to knowingly
116	116	7 loiter within 500 feet of a school building or real property
117	117	8 comprising any school while persons under the age of 18 are
118	118	9 present in the building or on the grounds, unless the offender
119	119	10 is a parent or guardian of a student attending the school and
120	120	11 the parent or guardian is: (i) attending a conference at the
121	121	12 school with school personnel to discuss the progress of his or
122	122	13 her child academically or socially, (ii) participating in
123	123	14 child review conferences in which evaluation and placement
124	124	15 decisions may be made with respect to his or her child
125	125	16 regarding special education services, or (iii) attending
126	126	17 conferences to discuss other student issues concerning his or
127	127	18 her child such as retention and promotion and notifies the
128	128	19 principal of the school of his or her presence at the school or
129	129	20 has permission to be present from the superintendent or the
130	130	21 school board or in the case of a private school from the
131	131	22 principal. In the case of a public school, if permission is
132	132	23 granted, the superintendent or school board president must
133	133	24 inform the principal of the school where the sex offender will
134	134	25 be present. Notification includes the nature of the sex
135	135	26 offender's visit and the hours in which the sex offender will
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146	146	1 be present in the school. The sex offender is responsible for
147	147	2 notifying the principal's office when he or she arrives on
148	148	3 school property and when he or she departs from school
149	149	4 property. If the sex offender is to be present in the vicinity
150	150	5 of children, the sex offender has the duty to remain under the
151	151	6 direct supervision of a school official.
152	152	7 (b-2) It is unlawful for a child sex offender to knowingly
153	153	8 loiter on a public way within 500 feet of a public park
154	154	9 building or real property comprising any public park while
155	155	10 persons under the age of 18 are present in the building or on
156	156	11 the grounds and to approach, contact, or communicate with a
157	157	12 child under 18 years of age, unless the offender is a parent or
158	158	13 guardian of a person under 18 years of age present in the
159	159	14 building or on the grounds.
160	160	15 (b-5) It is unlawful for a child sex offender to knowingly
161	161	16 reside within 500 feet of a school building or the real
162	162	17 property comprising any school that persons under the age of
163	163	18 18 attend. Nothing in this subsection (b-5) prohibits a child
164	164	19 sex offender from residing within 500 feet of a school
165	165	20 building or the real property comprising any school that
166	166	21 persons under 18 attend if the property is owned by the child
167	167	22 sex offender and was purchased before July 7, 2000 (the
168	168	23 effective date of Public Act 91-911).
169	169	24 (b-10) It is unlawful for a child sex offender to
170	170	25 knowingly reside within 500 feet of a playground, child care
171	171	26 institution, day care center, part day child care facility,
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182	182	1 day care home, group day care home, or a facility providing
183	183	2 programs or services exclusively directed toward persons under
184	184	3 18 years of age. Nothing in this subsection (b-10) prohibits a
185	185	4 child sex offender from residing within 500 feet of a
186	186	5 playground or a facility providing programs or services
187	187	6 exclusively directed toward persons under 18 years of age if
188	188	7 the property is owned by the child sex offender and was
189	189	8 purchased before July 7, 2000. Nothing in this subsection
190	190	9 (b-10) prohibits a child sex offender from residing within 500
191	191	10 feet of a child care institution, day care center, or part day
192	192	11 child care facility if the property is owned by the child sex
193	193	12 offender and was purchased before June 26, 2006. Nothing in
194	194	13 this subsection (b-10) prohibits a child sex offender from
195	195	14 residing within 500 feet of a day care home or group day care
196	196	15 home if the property is owned by the child sex offender and was
197	197	16 purchased before August 14, 2008 (the effective date of Public
198	198	17 Act 95-821).
199	199	18 (b-15) It is unlawful for a child sex offender to
200	200	19 knowingly reside within 500 feet of the victim of the sex
201	201	20 offense. Nothing in this subsection (b-15) prohibits a child
202	202	21 sex offender from residing within 500 feet of the victim if the
203	203	22 property in which the child sex offender resides is owned by
204	204	23 the child sex offender and was purchased before August 22,
205	205	24 2002.
206	206	25 This subsection (b-15) does not apply if the victim of the
207	207	26 sex offense is 21 years of age or older.
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218	218	1 (b-20) It is unlawful for a child sex offender to
219	219	2 knowingly communicate, other than for a lawful purpose under
220	220	3 Illinois law, using the Internet or any other digital media,
221	221	4 with a person under 18 years of age or with a person whom he or
222	222	5 she believes to be a person under 18 years of age, unless the
223	223	6 offender is a parent or guardian of the person under 18 years
224	224	7 of age.
225	225	8 (c) It is unlawful for a child sex offender to knowingly
226	226	9 operate, manage, be employed by, volunteer at, be associated
227	227	10 with, or knowingly be present at any: (i) facility providing
228	228	11 programs or services exclusively directed toward persons under
229	229	12 the age of 18; (ii) day care center; (iii) part day child care
230	230	13 facility; (iv) child care institution; (v) school providing
231	231	14 before and after school programs for children under 18 years
232	232	15 of age; (vi) day care home; or (vii) group day care home. This
233	233	16 does not prohibit a child sex offender from owning the real
234	234	17 property upon which the programs or services are offered or
235	235	18 upon which the day care center, part day child care facility,
236	236	19 child care institution, or school providing before and after
237	237	20 school programs for children under 18 years of age is located,
238	238	21 provided the child sex offender refrains from being present on
239	239	22 the premises for the hours during which: (1) the programs or
240	240	23 services are being offered or (2) the day care center, part day
241	241	24 child care facility, child care institution, or school
242	242	25 providing before and after school programs for children under
243	243	26 18 years of age, day care home, or group day care home is
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254	254	1 operated.
255	255	2 (c-2) It is unlawful for a child sex offender to
256	256	3 participate in a holiday event involving children under 18
257	257	4 years of age, including but not limited to distributing candy
258	258	5 or other items to children on Halloween, wearing a Santa Claus
259	259	6 costume on or preceding Christmas, being employed as a
260	260	7 department store Santa Claus, or wearing an Easter Bunny
261	261	8 costume on or preceding Easter. For the purposes of this
262	262	9 subsection, child sex offender has the meaning as defined in
263	263	10 this Section, but does not include as a sex offense under
264	264	11 paragraph (2) of subsection (d) of this Section, the offense
265	265	12 under subsection (c) of Section 11-1.50 of this Code. This
266	266	13 subsection does not apply to a child sex offender who is a
267	267	14 parent or guardian of children under 18 years of age that are
268	268	15 present in the home and other non-familial minors are not
269	269	16 present.
270	270	17 (c-5) It is unlawful for a child sex offender to knowingly
271	271	18 operate, manage, be employed by, or be associated with any
272	272	19 carnival, amusement enterprise, or county or State fair when
273	273	20 persons under the age of 18 are present.
274	274	21 (c-6) It is unlawful for a child sex offender who owns and
275	275	22 resides at residential real estate to knowingly rent any
276	276	23 residential unit within the same building in which he or she
277	277	24 resides to a person who is the parent or guardian of a child or
278	278	25 children under 18 years of age. This subsection shall apply
279	279	26 only to leases or other rental arrangements entered into after
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290	290	1 January 1, 2009 (the effective date of Public Act 95-820).
291	291	2 (c-7) It is unlawful for a child sex offender to knowingly
292	292	3 offer or provide any programs or services to persons under 18
293	293	4 years of age in his or her residence or the residence of
294	294	5 another or in any facility for the purpose of offering or
295	295	6 providing such programs or services, whether such programs or
296	296	7 services are offered or provided by contract, agreement,
297	297	8 arrangement, or on a volunteer basis.
298	298	9 (c-8) It is unlawful for a child sex offender to knowingly
299	299	10 operate, whether authorized to do so or not, any of the
300	300	11 following vehicles: (1) a vehicle which is specifically
301	301	12 designed, constructed or modified and equipped to be used for
302	302	13 the retail sale of food or beverages, including but not
303	303	14 limited to an ice cream truck; (2) an authorized emergency
304	304	15 vehicle; or (3) a rescue vehicle.
305	305	16 (d) Definitions. In this Section:
306	306	17 (1) "Child sex offender" means any person who:
307	307	18 (i) has been charged under Illinois law, or any
308	308	19 substantially similar federal law or law of another
309	309	20 state, with a sex offense set forth in paragraph (2) of
310	310	21 this subsection (d) or the attempt to commit an
311	311	22 included sex offense, and the victim is a person under
312	312	23 18 years of age at the time of the offense; and:
313	313	24 (A) is convicted of such offense or an attempt
314	314	25 to commit such offense; or
315	315	26 (B) is found not guilty by reason of insanity
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326	326	1 of such offense or an attempt to commit such
327	327	2 offense; or
328	328	3 (C) is found not guilty by reason of insanity
329	329	4 pursuant to subsection (c) of Section 104-25 of
330	330	5 the Code of Criminal Procedure of 1963 of such
331	331	6 offense or an attempt to commit such offense; or
332	332	7 (D) is the subject of a finding not resulting
333	333	8 in an acquittal at a hearing conducted pursuant to
334	334	9 subsection (a) of Section 104-25 of the Code of
335	335	10 Criminal Procedure of 1963 for the alleged
336	336	11 commission or attempted commission of such
337	337	12 offense; or
338	338	13 (E) is found not guilty by reason of insanity
339	339	14 following a hearing conducted pursuant to a
340	340	15 federal law or the law of another state
341	341	16 substantially similar to subsection (c) of Section
342	342	17 104-25 of the Code of Criminal Procedure of 1963
343	343	18 of such offense or of the attempted commission of
344	344	19 such offense; or
345	345	20 (F) is the subject of a finding not resulting
346	346	21 in an acquittal at a hearing conducted pursuant to
347	347	22 a federal law or the law of another state
348	348	23 substantially similar to subsection (a) of Section
349	349	24 104-25 of the Code of Criminal Procedure of 1963
350	350	25 for the alleged violation or attempted commission
351	351	26 of such offense; or
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362	362	1 (ii) is certified as a sexually dangerous person
363	363	2 pursuant to the Illinois Sexually Dangerous Persons
364	364	3 Act, or any substantially similar federal law or the
365	365	4 law of another state, when any conduct giving rise to
366	366	5 such certification is committed or attempted against a
367	367	6 person less than 18 years of age; or
368	368	7 (iii) is subject to the provisions of Section 2 of
369	369	8 the Interstate Agreements on Sexually Dangerous
370	370	9 Persons Act.
371	371	10 Convictions that result from or are connected with the
372	372	11 same act, or result from offenses committed at the same
373	373	12 time, shall be counted for the purpose of this Section as
374	374	13 one conviction. Any conviction set aside pursuant to law
375	375	14 is not a conviction for purposes of this Section.
376	376	15 (2) Except as otherwise provided in paragraph (2.5),
377	377	16 "sex offense" means:
378	378	17 (i) A violation of any of the following Sections
379	379	18 of the Criminal Code of 1961 or the Criminal Code of
380	380	19 2012: 10-4 (forcible detention), 10-7 (aiding or
381	381	20 abetting child abduction under Section 10-5(b)(10)),
382	382	21 10-5(b)(10) (child luring), 11-1.40 (predatory
383	383	22 criminal sexual assault of a child), 11-6 (indecent
384	384	23 solicitation of a child), 11-6.5 (indecent
385	385	24 solicitation of an adult), 11-9.1 (sexual exploitation
386	386	25 of a child), 11-9.2 (custodial sexual misconduct),
387	387	26 11-9.5 (sexual misconduct with a person with a
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398	398	1 disability), 11-11 (sexual relations within families),
399	399	2 11-14.3(a)(1) (promoting prostitution by advancing
400	400	3 prostitution), 11-14.3(a)(2)(A) (promoting
401	401	4 prostitution by profiting from prostitution by
402	402	5 compelling a person to be a prostitute),
403	403	6 11-14.3(a)(2)(C) (promoting prostitution by profiting
404	404	7 from prostitution by means other than as described in
405	405	8 subparagraphs (A) and (B) of paragraph (2) of
406	406	9 subsection (a) of Section 11-14.3), 11-14.4 (promoting
407	407	10 juvenile prostitution), 11-18.1 (patronizing a
408	408	11 juvenile prostitute), 11-20.1 (child pornography),
409	409	12 11-20.1B (aggravated child pornography), 11-21
410	410	13 (harmful material), 11-25 (grooming), 11-26 (traveling
411	411	14 to meet a minor or traveling to meet a child), 12-33
412	412	15 (ritualized abuse of a child), 11-20 (obscenity) (when
413	413	16 that offense was committed in any school, on real
414	414	17 property comprising any school, in any conveyance
415	415	18 owned, leased, or contracted by a school to transport
416	416	19 students to or from school or a school related
417	417	20 activity, or in a public park), 11-30 (public
418	418	21 indecency) (when committed in a school, on real
419	419	22 property comprising a school, in any conveyance owned,
420	420	23 leased, or contracted by a school to transport
421	421	24 students to or from school or a school related
422	422	25 activity, or in a public park). An attempt to commit
423	423	26 any of these offenses.
424	424
425	425
426	426
427	427
428	428
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430	430
431	431
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433	433	HB1432 - 12 - LRB103 05851 RLC 50871 b
434	434	1 (ii) A violation of any of the following Sections
435	435	2 of the Criminal Code of 1961 or the Criminal Code of
436	436	3 2012, when the victim is a person under 18 years of
437	437	4 age: 11-1.20 (criminal sexual assault), 11-1.30
438	438	5 (aggravated criminal sexual assault), 11-1.50
439	439	6 (criminal sexual abuse), 11-1.60 (aggravated criminal
440	440	7 sexual abuse). An attempt to commit any of these
441	441	8 offenses.
442	442	9 (iii) A violation of any of the following Sections
443	443	10 of the Criminal Code of 1961 or the Criminal Code of
444	444	11 2012, when the victim is a person under 18 years of age
445	445	12 and the defendant is not a parent of the victim:
446	446	13 10-1 (kidnapping),
447	447	14 10-2 (aggravated kidnapping),
448	448	15 10-3 (unlawful restraint),
449	449	16 10-3.1 (aggravated unlawful restraint),
450	450	17 11-9.1(A) (permitting sexual abuse of a child).
451	451	18 An attempt to commit any of these offenses.
452	452	19 (iv) A violation of any former law of this State
453	453	20 substantially equivalent to any offense listed in
454	454	21 clause (2)(i) or (2)(ii) of subsection (d) of this
455	455	22 Section.
456	456	23 (2.1) "Sex offense" includes a violation or attempted
457	457	24 violation of subsection (a), (a-10), or (a-15) of Section
458	458	25 26-4 when the violation or attempted violation was
459	459	26 committed on or after the effective of this amendatory Act
460	460
461	461
462	462
463	463
464	464
465	465	HB1432 - 12 - LRB103 05851 RLC 50871 b
466	466
467	467
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469	469	HB1432 - 13 - LRB103 05851 RLC 50871 b
470	470	1 of the 103rd General Assembly and the victim is a person
471	471	2 under 18 years of age at the time of the commission of the
472	472	3 offense.
473	473	4 (2.5) For the purposes of subsections (b-5) and (b-10)
474	474	5 only, a sex offense means:
475	475	6 (i) A violation of any of the following Sections
476	476	7 of the Criminal Code of 1961 or the Criminal Code of
477	477	8 2012:
478	478	9 10-5(b)(10) (child luring), 10-7 (aiding or
479	479	10 abetting child abduction under Section 10-5(b)(10)),
480	480	11 11-1.40 (predatory criminal sexual assault of a
481	481	12 child), 11-6 (indecent solicitation of a child),
482	482	13 11-6.5 (indecent solicitation of an adult), 11-9.2
483	483	14 (custodial sexual misconduct), 11-9.5 (sexual
484	484	15 misconduct with a person with a disability), 11-11
485	485	16 (sexual relations within families), 11-14.3(a)(1)
486	486	17 (promoting prostitution by advancing prostitution),
487	487	18 11-14.3(a)(2)(A) (promoting prostitution by profiting
488	488	19 from prostitution by compelling a person to be a
489	489	20 prostitute), 11-14.3(a)(2)(C) (promoting prostitution
490	490	21 by profiting from prostitution by means other than as
491	491	22 described in subparagraphs (A) and (B) of paragraph
492	492	23 (2) of subsection (a) of Section 11-14.3), 11-14.4
493	493	24 (promoting juvenile prostitution), 11-18.1
494	494	25 (patronizing a juvenile prostitute), 11-20.1 (child
495	495	26 pornography), 11-20.1B (aggravated child pornography),
496	496
497	497
498	498
499	499
500	500
501	501	HB1432 - 13 - LRB103 05851 RLC 50871 b
502	502
503	503
504	504	HB1432- 14 -LRB103 05851 RLC 50871 b HB1432 - 14 - LRB103 05851 RLC 50871 b
505	505	HB1432 - 14 - LRB103 05851 RLC 50871 b
506	506	1 11-25 (grooming), 11-26 (traveling to meet a minor or
507	507	2 traveling to meet a child), or 12-33 (ritualized abuse
508	508	3 of a child). An attempt to commit any of these
509	509	4 offenses.
510	510	5 (ii) A violation of any of the following Sections
511	511	6 of the Criminal Code of 1961 or the Criminal Code of
512	512	7 2012, when the victim is a person under 18 years of
513	513	8 age: 11-1.20 (criminal sexual assault), 11-1.30
514	514	9 (aggravated criminal sexual assault), 11-1.60
515	515	10 (aggravated criminal sexual abuse), and subsection (a)
516	516	11 of Section 11-1.50 (criminal sexual abuse). An attempt
517	517	12 to commit any of these offenses.
518	518	13 (iii) A violation of any of the following Sections
519	519	14 of the Criminal Code of 1961 or the Criminal Code of
520	520	15 2012, when the victim is a person under 18 years of age
521	521	16 and the defendant is not a parent of the victim:
522	522	17 10-1 (kidnapping),
523	523	18 10-2 (aggravated kidnapping),
524	524	19 10-3 (unlawful restraint),
525	525	20 10-3.1 (aggravated unlawful restraint),
526	526	21 11-9.1(A) (permitting sexual abuse of a child).
527	527	22 An attempt to commit any of these offenses.
528	528	23 (iv) A violation of any former law of this State
529	529	24 substantially equivalent to any offense listed in this
530	530	25 paragraph (2.5) of this subsection.
531	531	26 (3) A conviction for an offense of federal law or the
532	532
533	533
534	534
535	535
536	536
537	537	HB1432 - 14 - LRB103 05851 RLC 50871 b
538	538
539	539
540	540	HB1432- 15 -LRB103 05851 RLC 50871 b HB1432 - 15 - LRB103 05851 RLC 50871 b
541	541	HB1432 - 15 - LRB103 05851 RLC 50871 b
542	542	1 law of another state that is substantially equivalent to
543	543	2 any offense listed in paragraph (2) of subsection (d) of
544	544	3 this Section shall constitute a conviction for the purpose
545	545	4 of this Section. A finding or adjudication as a sexually
546	546	5 dangerous person under any federal law or law of another
547	547	6 state that is substantially equivalent to the Sexually
548	548	7 Dangerous Persons Act shall constitute an adjudication for
549	549	8 the purposes of this Section.
550	550	9 (4) "Authorized emergency vehicle", "rescue vehicle",
551	551	10 and "vehicle" have the meanings ascribed to them in
552	552	11 Sections 1-105, 1-171.8 and 1-217, respectively, of the
553	553	12 Illinois Vehicle Code.
554	554	13 (5) "Child care institution" has the meaning ascribed
555	555	14 to it in Section 2.06 of the Child Care Act of 1969.
556	556	15 (6) "Day care center" has the meaning ascribed to it
557	557	16 in Section 2.09 of the Child Care Act of 1969.
558	558	17 (7) "Day care home" has the meaning ascribed to it in
559	559	18 Section 2.18 of the Child Care Act of 1969.
560	560	19 (8) "Facility providing programs or services directed
561	561	20 towards persons under the age of 18" means any facility
562	562	21 providing programs or services exclusively directed
563	563	22 towards persons under the age of 18.
564	564	23 (9) "Group day care home" has the meaning ascribed to
565	565	24 it in Section 2.20 of the Child Care Act of 1969.
566	566	25 (10) "Internet" has the meaning set forth in Section
567	567	26 16-0.1 of this Code.
568	568
569	569
570	570
571	571
572	572
573	573	HB1432 - 15 - LRB103 05851 RLC 50871 b
574	574
575	575
576	576	HB1432- 16 -LRB103 05851 RLC 50871 b HB1432 - 16 - LRB103 05851 RLC 50871 b
577	577	HB1432 - 16 - LRB103 05851 RLC 50871 b
578	578	1 (11) "Loiter" means:
579	579	2 (i) Standing, sitting idly, whether or not the
580	580	3 person is in a vehicle, or remaining in or around
581	581	4 school or public park property.
582	582	5 (ii) Standing, sitting idly, whether or not the
583	583	6 person is in a vehicle, or remaining in or around
584	584	7 school or public park property, for the purpose of
585	585	8 committing or attempting to commit a sex offense.
586	586	9 (iii) Entering or remaining in a building in or
587	587	10 around school property, other than the offender's
588	588	11 residence.
589	589	12 (12) "Part day child care facility" has the meaning
590	590	13 ascribed to it in Section 2.10 of the Child Care Act of
591	591	14 1969.
592	592	15 (13) "Playground" means a piece of land owned or
593	593	16 controlled by a unit of local government that is
594	594	17 designated by the unit of local government for use solely
595	595	18 or primarily for children's recreation.
596	596	19 (14) "Public park" includes a park, forest preserve,
597	597	20 bikeway, trail, or conservation area under the
598	598	21 jurisdiction of the State or a unit of local government.
599	599	22 (15) "School" means a public or private preschool or
600	600	23 elementary or secondary school.
601	601	24 (16) "School official" means the principal, a teacher,
602	602	25 or any other certified employee of the school, the
603	603	26 superintendent of schools or a member of the school board.
604	604
605	605
606	606
607	607
608	608
609	609	HB1432 - 16 - LRB103 05851 RLC 50871 b
610	610
611	611
612	612	HB1432- 17 -LRB103 05851 RLC 50871 b HB1432 - 17 - LRB103 05851 RLC 50871 b
613	613	HB1432 - 17 - LRB103 05851 RLC 50871 b
614	614	1 (e) For the purposes of this Section, the 500 feet
615	615	2 distance shall be measured from: (1) the edge of the property
616	616	3 of the school building or the real property comprising the
617	617	4 school that is closest to the edge of the property of the child
618	618	5 sex offender's residence or where he or she is loitering, and
619	619	6 (2) the edge of the property comprising the public park
620	620	7 building or the real property comprising the public park,
621	621	8 playground, child care institution, day care center, part day
622	622	9 child care facility, or facility providing programs or
623	623	10 services exclusively directed toward persons under 18 years of
624	624	11 age, or a victim of the sex offense who is under 21 years of
625	625	12 age, to the edge of the child sex offender's place of residence
626	626	13 or place where he or she is loitering.
627	627	14 (f) Sentence. A person who violates this Section is guilty
628	628	15 of a Class 4 felony.
629	629	16 (Source: P.A. 102-997, eff. 1-1-23.)
630	630	17 (720 ILCS 5/11-9.4-1)
631	631	18 Sec. 11-9.4-1. Sexual predator and child sex offender;
632	632	19 presence or loitering in or near public parks prohibited.
633	633	20 (a) For the purposes of this Section:
634	634	21 "Child sex offender" has the meaning ascribed to it in
635	635	22 subsection (d) of Section 11-9.3 of this Code, including
636	636	23 an offense described in paragraph (2.1) of subsection (d)
637	637	24 of Section 11-9.3, but does not include as a sex offense
638	638	25 under paragraph (2) of subsection (d) of Section 11-9.3,
639	639
640	640
641	641
642	642
643	643
644	644	HB1432 - 17 - LRB103 05851 RLC 50871 b
645	645
646	646
647	647	HB1432- 18 -LRB103 05851 RLC 50871 b HB1432 - 18 - LRB103 05851 RLC 50871 b
648	648	HB1432 - 18 - LRB103 05851 RLC 50871 b
649	649	1 the offenses under subsections (b) and (c) of Section
650	650	2 11-1.50 or subsections (b) and (c) of Section 12-15 of
651	651	3 this Code.
652	652	4 "Public park" includes a park, forest preserve,
653	653	5 bikeway, trail, or conservation area under the
654	654	6 jurisdiction of the State or a unit of local government.
655	655	7 "Loiter" means:
656	656	8 (i) Standing, sitting idly, whether or not the
657	657	9 person is in a vehicle or remaining in or around public
658	658	10 park property.
659	659	11 (ii) Standing, sitting idly, whether or not the
660	660	12 person is in a vehicle or remaining in or around public
661	661	13 park property, for the purpose of committing or
662	662	14 attempting to commit a sex offense.
663	663	15 "Sexual predator" has the meaning ascribed to it in
664	664	16 subsection (E) of Section 2 of the Sex Offender
665	665	17 Registration Act.
666	666	18 (b) It is unlawful for a sexual predator or a child sex
667	667	19 offender to knowingly be present in any public park building
668	668	20 or on real property comprising any public park.
669	669	21 (c) It is unlawful for a sexual predator or a child sex
670	670	22 offender to knowingly loiter on a public way within 500 feet of
671	671	23 a public park building or real property comprising any public
672	672	24 park. For the purposes of this subsection (c), the 500 feet
673	673	25 distance shall be measured from the edge of the property
674	674	26 comprising the public park building or the real property
675	675
676	676
677	677
678	678
679	679
680	680	HB1432 - 18 - LRB103 05851 RLC 50871 b
681	681
682	682
683	683	HB1432- 19 -LRB103 05851 RLC 50871 b HB1432 - 19 - LRB103 05851 RLC 50871 b
684	684	HB1432 - 19 - LRB103 05851 RLC 50871 b
685	685	1 comprising the public park.
686	686	2 (d) Sentence. A person who violates this Section is guilty
687	687	3 of a Class A misdemeanor, except that a second or subsequent
688	688	4 violation is a Class 4 felony.
689	689	5 (Source: P.A. 96-1099, eff. 1-1-11; 97-698, eff. 1-1-13;
690	690	6 97-1109, eff. 1-1-13.)
691	691	7 Section 10. The Sex Offender Registration Act is amended
692	692	8 by changing Section 2 as follows:
693	693	9 (730 ILCS 150/2) (from Ch. 38, par. 222)
694	694	10 Sec. 2. Definitions.
695	695	11 (A) As used in this Article, "sex offender" means any
696	696	12 person who is:
697	697	13 (1) charged pursuant to Illinois law, or any
698	698	14 substantially similar federal, Uniform Code of Military
699	699	15 Justice, sister state, or foreign country law, with a sex
700	700	16 offense set forth in subsection (B) of this Section or the
701	701	17 attempt to commit an included sex offense, and:
702	702	18 (a) is convicted of such offense or an attempt to
703	703	19 commit such offense; or
704	704	20 (b) is found not guilty by reason of insanity of
705	705	21 such offense or an attempt to commit such offense; or
706	706	22 (c) is found not guilty by reason of insanity
707	707	23 pursuant to Section 104-25(c) of the Code of Criminal
708	708	24 Procedure of 1963 of such offense or an attempt to
709	709
710	710
711	711
712	712
713	713
714	714	HB1432 - 19 - LRB103 05851 RLC 50871 b
715	715
716	716
717	717	HB1432- 20 -LRB103 05851 RLC 50871 b HB1432 - 20 - LRB103 05851 RLC 50871 b
718	718	HB1432 - 20 - LRB103 05851 RLC 50871 b
719	719	1 commit such offense; or
720	720	2 (d) is the subject of a finding not resulting in an
721	721	3 acquittal at a hearing conducted pursuant to Section
722	722	4 104-25(a) of the Code of Criminal Procedure of 1963
723	723	5 for the alleged commission or attempted commission of
724	724	6 such offense; or
725	725	7 (e) is found not guilty by reason of insanity
726	726	8 following a hearing conducted pursuant to a federal,
727	727	9 Uniform Code of Military Justice, sister state, or
728	728	10 foreign country law substantially similar to Section
729	729	11 104-25(c) of the Code of Criminal Procedure of 1963 of
730	730	12 such offense or of the attempted commission of such
731	731	13 offense; or
732	732	14 (f) is the subject of a finding not resulting in an
733	733	15 acquittal at a hearing conducted pursuant to a
734	734	16 federal, Uniform Code of Military Justice, sister
735	735	17 state, or foreign country law substantially similar to
736	736	18 Section 104-25(a) of the Code of Criminal Procedure of
737	737	19 1963 for the alleged violation or attempted commission
738	738	20 of such offense; or
739	739	21 (2) declared as a sexually dangerous person pursuant
740	740	22 to the Illinois Sexually Dangerous Persons Act, or any
741	741	23 substantially similar federal, Uniform Code of Military
742	742	24 Justice, sister state, or foreign country law; or
743	743	25 (3) subject to the provisions of Section 2 of the
744	744	26 Interstate Agreements on Sexually Dangerous Persons Act;
745	745
746	746
747	747
748	748
749	749
750	750	HB1432 - 20 - LRB103 05851 RLC 50871 b
751	751
752	752
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754	754	HB1432 - 21 - LRB103 05851 RLC 50871 b
755	755	1 or
756	756	2 (4) found to be a sexually violent person pursuant to
757	757	3 the Sexually Violent Persons Commitment Act or any
758	758	4 substantially similar federal, Uniform Code of Military
759	759	5 Justice, sister state, or foreign country law; or
760	760	6 (5) adjudicated a juvenile delinquent as the result of
761	761	7 committing or attempting to commit an act which, if
762	762	8 committed by an adult, would constitute any of the
763	763	9 offenses specified in item (B), (C), or (C-5) of this
764	764	10 Section or a violation of any substantially similar
765	765	11 federal, Uniform Code of Military Justice, sister state,
766	766	12 or foreign country law, or found guilty under Article V of
767	767	13 the Juvenile Court Act of 1987 of committing or attempting
768	768	14 to commit an act which, if committed by an adult, would
769	769	15 constitute any of the offenses specified in item (B), (C),
770	770	16 or (C-5) of this Section or a violation of any
771	771	17 substantially similar federal, Uniform Code of Military
772	772	18 Justice, sister state, or foreign country law.
773	773	19 Convictions that result from or are connected with the
774	774	20 same act, or result from offenses committed at the same time,
775	775	21 shall be counted for the purpose of this Article as one
776	776	22 conviction. Any conviction set aside pursuant to law is not a
777	777	23 conviction for purposes of this Article.
778	778	24 For purposes of this Section, "convicted" shall have the
779	779	25 same meaning as "adjudicated".
780	780	26 (B) As used in this Article, "sex offense" means:
781	781
782	782
783	783
784	784
785	785
786	786	HB1432 - 21 - LRB103 05851 RLC 50871 b
787	787
788	788
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790	790	HB1432 - 22 - LRB103 05851 RLC 50871 b
791	791	1 (1) A violation of any of the following Sections of
792	792	2 the Criminal Code of 1961 or the Criminal Code of 2012:
793	793	3 11-20.1 (child pornography),
794	794	4 11-20.1B or 11-20.3 (aggravated child
795	795	5 pornography),
796	796	6 11-6 (indecent solicitation of a child),
797	797	7 11-9.1 (sexual exploitation of a child),
798	798	8 11-9.2 (custodial sexual misconduct),
799	799	9 11-9.5 (sexual misconduct with a person with a
800	800	10 disability),
801	801	11 11-14.4 (promoting juvenile prostitution),
802	802	12 11-15.1 (soliciting for a juvenile prostitute),
803	803	13 11-18.1 (patronizing a juvenile prostitute),
804	804	14 11-17.1 (keeping a place of juvenile
805	805	15 prostitution),
806	806	16 11-19.1 (juvenile pimping),
807	807	17 11-19.2 (exploitation of a child),
808	808	18 11-25 (grooming),
809	809	19 11-26 (traveling to meet a minor or traveling to
810	810	20 meet a child),
811	811	21 11-1.20 or 12-13 (criminal sexual assault),
812	812	22 11-1.30 or 12-14 (aggravated criminal sexual
813	813	23 assault),
814	814	24 11-1.40 or 12-14.1 (predatory criminal sexual
815	815	25 assault of a child),
816	816	26 11-1.50 or 12-15 (criminal sexual abuse),
817	817
818	818
819	819
820	820
821	821
822	822	HB1432 - 22 - LRB103 05851 RLC 50871 b
823	823
824	824
825	825	HB1432- 23 -LRB103 05851 RLC 50871 b HB1432 - 23 - LRB103 05851 RLC 50871 b
826	826	HB1432 - 23 - LRB103 05851 RLC 50871 b
827	827	1 11-1.60 or 12-16 (aggravated criminal sexual
828	828	2 abuse),
829	829	3 12-33 (ritualized abuse of a child).
830	830	4 An attempt to commit any of these offenses.
831	831	5 (1.5) A violation of any of the following Sections of
832	832	6 the Criminal Code of 1961 or the Criminal Code of 2012,
833	833	7 when the victim is a person under 18 years of age, the
834	834	8 defendant is not a parent of the victim, the offense was
835	835	9 sexually motivated as defined in Section 10 of the Sex
836	836	10 Offender Evaluation and Treatment Act, and the offense was
837	837	11 committed on or after January 1, 1996:
838	838	12 10-1 (kidnapping),
839	839	13 10-2 (aggravated kidnapping),
840	840	14 10-3 (unlawful restraint),
841	841	15 10-3.1 (aggravated unlawful restraint).
842	842	16 If the offense was committed before January 1, 1996,
843	843	17 it is a sex offense requiring registration only when the
844	844	18 person is convicted of any felony after July 1, 2011, and
845	845	19 paragraph (2.1) of subsection (c) of Section 3 of this Act
846	846	20 applies.
847	847	21 (1.6) First degree murder under Section 9-1 of the
848	848	22 Criminal Code of 1961 or the Criminal Code of 2012,
849	849	23 provided the offense was sexually motivated as defined in
850	850	24 Section 10 of the Sex Offender Management Board Act.
851	851	25 (1.7) (Blank).
852	852	26 (1.8) A violation or attempted violation of Section
853	853
854	854
855	855
856	856
857	857
858	858	HB1432 - 23 - LRB103 05851 RLC 50871 b
859	859
860	860
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862	862	HB1432 - 24 - LRB103 05851 RLC 50871 b
863	863	1 11-11 (sexual relations within families) of the Criminal
864	864	2 Code of 1961 or the Criminal Code of 2012, and the offense
865	865	3 was committed on or after June 1, 1997. If the offense was
866	866	4 committed before June 1, 1997, it is a sex offense
867	867	5 requiring registration only when the person is convicted
868	868	6 of any felony after July 1, 2011, and paragraph (2.1) of
869	869	7 subsection (c) of Section 3 of this Act applies.
870	870	8 (1.9) Child abduction under paragraph (10) of
871	871	9 subsection (b) of Section 10-5 of the Criminal Code of
872	872	10 1961 or the Criminal Code of 2012 committed by luring or
873	873	11 attempting to lure a child under the age of 16 into a motor
874	874	12 vehicle, building, house trailer, or dwelling place
875	875	13 without the consent of the parent or lawful custodian of
876	876	14 the child for other than a lawful purpose and the offense
877	877	15 was committed on or after January 1, 1998, provided the
878	878	16 offense was sexually motivated as defined in Section 10 of
879	879	17 the Sex Offender Management Board Act. If the offense was
880	880	18 committed before January 1, 1998, it is a sex offense
881	881	19 requiring registration only when the person is convicted
882	882	20 of any felony after July 1, 2011, and paragraph (2.1) of
883	883	21 subsection (c) of Section 3 of this Act applies.
884	884	22 (1.10) A violation or attempted violation of any of
885	885	23 the following Sections of the Criminal Code of 1961 or the
886	886	24 Criminal Code of 2012 when the offense was committed on or
887	887	25 after July 1, 1999:
888	888	26 10-4 (forcible detention, if the victim is under
889	889
890	890
891	891
892	892
893	893
894	894	HB1432 - 24 - LRB103 05851 RLC 50871 b
895	895
896	896
897	897	HB1432- 25 -LRB103 05851 RLC 50871 b HB1432 - 25 - LRB103 05851 RLC 50871 b
898	898	HB1432 - 25 - LRB103 05851 RLC 50871 b
899	899	1 18 years of age), provided the offense was sexually
900	900	2 motivated as defined in Section 10 of the Sex Offender
901	901	3 Management Board Act,
902	902	4 11-6.5 (indecent solicitation of an adult),
903	903	5 11-14.3 that involves soliciting for a prostitute,
904	904	6 or 11-15 (soliciting for a prostitute, if the victim
905	905	7 is under 18 years of age),
906	906	8 subdivision (a)(2)(A) or (a)(2)(B) of Section
907	907	9 11-14.3, or Section 11-16 (pandering, if the victim is
908	908	10 under 18 years of age),
909	909	11 11-18 (patronizing a prostitute, if the victim is
910	910	12 under 18 years of age),
911	911	13 subdivision (a)(2)(C) of Section 11-14.3, or
912	912	14 Section 11-19 (pimping, if the victim is under 18
913	913	15 years of age).
914	914	16 If the offense was committed before July 1, 1999, it
915	915	17 is a sex offense requiring registration only when the
916	916	18 person is convicted of any felony after July 1, 2011, and
917	917	19 paragraph (2.1) of subsection (c) of Section 3 of this Act
918	918	20 applies.
919	919	21 (1.11) A violation or attempted violation of any of
920	920	22 the following Sections of the Criminal Code of 1961 or the
921	921	23 Criminal Code of 2012 when the offense was committed on or
922	922	24 after August 22, 2002:
923	923	25 11-9 or 11-30 (public indecency for a third or
924	924	26 subsequent conviction).
925	925
926	926
927	927
928	928
929	929
930	930	HB1432 - 25 - LRB103 05851 RLC 50871 b
931	931
932	932
933	933	HB1432- 26 -LRB103 05851 RLC 50871 b HB1432 - 26 - LRB103 05851 RLC 50871 b
934	934	HB1432 - 26 - LRB103 05851 RLC 50871 b
935	935	1 If the third or subsequent conviction was imposed
936	936	2 before August 22, 2002, it is a sex offense requiring
937	937	3 registration only when the person is convicted of any
938	938	4 felony after July 1, 2011, and paragraph (2.1) of
939	939	5 subsection (c) of Section 3 of this Act applies.
940	940	6 (1.12) A violation or attempted violation of Section
941	941	7 5.1 of the Wrongs to Children Act or Section 11-9.1A of the
942	942	8 Criminal Code of 1961 or the Criminal Code of 2012
943	943	9 (permitting sexual abuse) when the offense was committed
944	944	10 on or after August 22, 2002. If the offense was committed
945	945	11 before August 22, 2002, it is a sex offense requiring
946	946	12 registration only when the person is convicted of any
947	947	13 felony after July 1, 2011, and paragraph (2.1) of
948	948	14 subsection (c) of Section 3 of this Act applies.
949	949	15 (1.13) A violation or attempted violation of
950	950	16 subsection (a), (a-10), or (a-15) of Section 26-4 of the
951	951	17 Criminal Code of 2012 when the violation or attempted
952	952	18 violation was committed on or after the effective of this
953	953	19 amendatory Act of the 103rd General Assembly.
954	954	20 (2) A violation of any former law of this State
955	955	21 substantially equivalent to any offense listed in
956	956	22 subsection (B) of this Section.
957	957	23 (C) A conviction for an offense of federal law, Uniform
958	958	24 Code of Military Justice, or the law of another state or a
959	959	25 foreign country that is substantially equivalent to any
960	960	26 offense listed in subsections (B), (C), (E), and (E-5) of this
961	961
962	962
963	963
964	964
965	965
966	966	HB1432 - 26 - LRB103 05851 RLC 50871 b
967	967
968	968
969	969	HB1432- 27 -LRB103 05851 RLC 50871 b HB1432 - 27 - LRB103 05851 RLC 50871 b
970	970	HB1432 - 27 - LRB103 05851 RLC 50871 b
971	971	1 Section shall constitute a conviction for the purpose of this
972	972	2 Article. A finding or adjudication as a sexually dangerous
973	973	3 person or a sexually violent person under any federal law,
974	974	4 Uniform Code of Military Justice, or the law of another state
975	975	5 or foreign country that is substantially equivalent to the
976	976	6 Sexually Dangerous Persons Act or the Sexually Violent Persons
977	977	7 Commitment Act shall constitute an adjudication for the
978	978	8 purposes of this Article.
979	979	9 (C-5) A person at least 17 years of age at the time of the
980	980	10 commission of the offense who is convicted of first degree
981	981	11 murder under Section 9-1 of the Criminal Code of 1961 or the
982	982	12 Criminal Code of 2012, against a person under 18 years of age,
983	983	13 shall be required to register for natural life. A conviction
984	984	14 for an offense of federal, Uniform Code of Military Justice,
985	985	15 sister state, or foreign country law that is substantially
986	986	16 equivalent to any offense listed in subsection (C-5) of this
987	987	17 Section shall constitute a conviction for the purpose of this
988	988	18 Article. This subsection (C-5) applies to a person who
989	989	19 committed the offense before June 1, 1996 if: (i) the person is
990	990	20 incarcerated in an Illinois Department of Corrections facility
991	991	21 on August 20, 2004 (the effective date of Public Act 93-977),
992	992	22 or (ii) subparagraph (i) does not apply and the person is
993	993	23 convicted of any felony after July 1, 2011, and paragraph
994	994	24 (2.1) of subsection (c) of Section 3 of this Act applies.
995	995	25 (C-6) A person who is convicted or adjudicated delinquent
996	996	26 of first degree murder as defined in Section 9-1 of the
997	997
998	998
999	999
1000	1000
1001	1001
1002	1002	HB1432 - 27 - LRB103 05851 RLC 50871 b
1003	1003
1004	1004
1005	1005	HB1432- 28 -LRB103 05851 RLC 50871 b HB1432 - 28 - LRB103 05851 RLC 50871 b
1006	1006	HB1432 - 28 - LRB103 05851 RLC 50871 b
1007	1007	1 Criminal Code of 1961 or the Criminal Code of 2012, against a
1008	1008	2 person 18 years of age or over, shall be required to register
1009	1009	3 for his or her natural life. A conviction for an offense of
1010	1010	4 federal, Uniform Code of Military Justice, sister state, or
1011	1011	5 foreign country law that is substantially equivalent to any
1012	1012	6 offense listed in subsection (C-6) of this Section shall
1013	1013	7 constitute a conviction for the purpose of this Article. This
1014	1014	8 subsection (C-6) does not apply to those individuals released
1015	1015	9 from incarceration more than 10 years prior to January 1, 2012
1016	1016	10 (the effective date of Public Act 97-154).
1017	1017	11 (D) As used in this Article, "law enforcement agency
1018	1018	12 having jurisdiction" means the Chief of Police in each of the
1019	1019	13 municipalities in which the sex offender expects to reside,
1020	1020	14 work, or attend school (1) upon his or her discharge, parole or
1021	1021	15 release or (2) during the service of his or her sentence of
1022	1022	16 probation or conditional discharge, or the Sheriff of the
1023	1023	17 county, in the event no Police Chief exists or if the offender
1024	1024	18 intends to reside, work, or attend school in an unincorporated
1025	1025	19 area. "Law enforcement agency having jurisdiction" includes
1026	1026	20 the location where out-of-state students attend school and
1027	1027	21 where out-of-state employees are employed or are otherwise
1028	1028	22 required to register.
1029	1029	23 (D-1) As used in this Article, "supervising officer" means
1030	1030	24 the assigned Illinois Department of Corrections parole agent
1031	1031	25 or county probation officer.
1032	1032	26 (E) As used in this Article, "sexual predator" means any
1033	1033
1034	1034
1035	1035
1036	1036
1037	1037
1038	1038	HB1432 - 28 - LRB103 05851 RLC 50871 b
1039	1039
1040	1040
1041	1041	HB1432- 29 -LRB103 05851 RLC 50871 b HB1432 - 29 - LRB103 05851 RLC 50871 b
1042	1042	HB1432 - 29 - LRB103 05851 RLC 50871 b
1043	1043	1 person who, after July 1, 1999, is:
1044	1044	2 (1) Convicted for an offense of federal, Uniform Code
1045	1045	3 of Military Justice, sister state, or foreign country law
1046	1046	4 that is substantially equivalent to any offense listed in
1047	1047	5 subsection (E) or (E-5) of this Section shall constitute a
1048	1048	6 conviction for the purpose of this Article. Convicted of a
1049	1049	7 violation or attempted violation of any of the following
1050	1050	8 Sections of the Criminal Code of 1961 or the Criminal Code
1051	1051	9 of 2012:
1052	1052	10 10-5.1 (luring of a minor),
1053	1053	11 11-14.4 that involves keeping a place of juvenile
1054	1054	12 prostitution, or 11-17.1 (keeping a place of juvenile
1055	1055	13 prostitution),
1056	1056	14 subdivision (a)(2) or (a)(3) of Section 11-14.4,
1057	1057	15 or Section 11-19.1 (juvenile pimping),
1058	1058	16 subdivision (a)(4) of Section 11-14.4, or Section
1059	1059	17 11-19.2 (exploitation of a child),
1060	1060	18 11-20.1 (child pornography),
1061	1061	19 11-20.1B or 11-20.3 (aggravated child
1062	1062	20 pornography),
1063	1063	21 11-1.20 or 12-13 (criminal sexual assault),
1064	1064	22 11-1.30 or 12-14 (aggravated criminal sexual
1065	1065	23 assault),
1066	1066	24 11-1.40 or 12-14.1 (predatory criminal sexual
1067	1067	25 assault of a child),
1068	1068	26 11-1.60 or 12-16 (aggravated criminal sexual
1069	1069
1070	1070
1071	1071
1072	1072
1073	1073
1074	1074	HB1432 - 29 - LRB103 05851 RLC 50871 b
1075	1075
1076	1076
1077	1077	HB1432- 30 -LRB103 05851 RLC 50871 b HB1432 - 30 - LRB103 05851 RLC 50871 b
1078	1078	HB1432 - 30 - LRB103 05851 RLC 50871 b
1079	1079	1 abuse),
1080	1080	2 12-33 (ritualized abuse of a child);
1081	1081	3 (2) (blank);
1082	1082	4 (3) declared as a sexually dangerous person pursuant
1083	1083	5 to the Sexually Dangerous Persons Act or any substantially
1084	1084	6 similar federal, Uniform Code of Military Justice, sister
1085	1085	7 state, or foreign country law;
1086	1086	8 (4) found to be a sexually violent person pursuant to
1087	1087	9 the Sexually Violent Persons Commitment Act or any
1088	1088	10 substantially similar federal, Uniform Code of Military
1089	1089	11 Justice, sister state, or foreign country law;
1090	1090	12 (5) convicted of a second or subsequent offense which
1091	1091	13 requires registration pursuant to this Act. For purposes
1092	1092	14 of this paragraph (5), "convicted" shall include a
1093	1093	15 conviction under any substantially similar Illinois,
1094	1094	16 federal, Uniform Code of Military Justice, sister state,
1095	1095	17 or foreign country law;
1096	1096	18 (6) (blank); or
1097	1097	19 (7) if the person was convicted of an offense set
1098	1098	20 forth in this subsection (E) on or before July 1, 1999, the
1099	1099	21 person is a sexual predator for whom registration is
1100	1100	22 required only when the person is convicted of a felony
1101	1101	23 offense after July 1, 2011, and paragraph (2.1) of
1102	1102	24 subsection (c) of Section 3 of this Act applies.
1103	1103	25 (E-5) As used in this Article, "sexual predator" also
1104	1104	26 means a person convicted of a violation or attempted violation
1105	1105
1106	1106
1107	1107
1108	1108
1109	1109
1110	1110	HB1432 - 30 - LRB103 05851 RLC 50871 b
1111	1111
1112	1112
1113	1113	HB1432- 31 -LRB103 05851 RLC 50871 b HB1432 - 31 - LRB103 05851 RLC 50871 b
1114	1114	HB1432 - 31 - LRB103 05851 RLC 50871 b
1115	1115	1 of any of the following Sections of the Criminal Code of 1961
1116	1116	2 or the Criminal Code of 2012:
1117	1117	3 (1) Section 9-1 (first degree murder, when the victim
1118	1118	4 was a person under 18 years of age and the defendant was at
1119	1119	5 least 17 years of age at the time of the commission of the
1120	1120	6 offense, provided the offense was sexually motivated as
1121	1121	7 defined in Section 10 of the Sex Offender Management Board
1122	1122	8 Act);
1123	1123	9 (2) Section 11-9.5 (sexual misconduct with a person
1124	1124	10 with a disability);
1125	1125	11 (3) when the victim is a person under 18 years of age,
1126	1126	12 the defendant is not a parent of the victim, the offense
1127	1127	13 was sexually motivated as defined in Section 10 of the Sex
1128	1128	14 Offender Management Board Act, and the offense was
1129	1129	15 committed on or after January 1, 1996: (A) Section 10-1
1130	1130	16 (kidnapping), (B) Section 10-2 (aggravated kidnapping),
1131	1131	17 (C) Section 10-3 (unlawful restraint), and (D) Section
1132	1132	18 10-3.1 (aggravated unlawful restraint); and
1133	1133	19 (4) Section 10-5(b)(10) (child abduction committed by
1134	1134	20 luring or attempting to lure a child under the age of 16
1135	1135	21 into a motor vehicle, building, house trailer, or dwelling
1136	1136	22 place without the consent of the parent or lawful
1137	1137	23 custodian of the child for other than a lawful purpose and
1138	1138	24 the offense was committed on or after January 1, 1998,
1139	1139	25 provided the offense was sexually motivated as defined in
1140	1140	26 Section 10 of the Sex Offender Management Board Act).
1141	1141
1142	1142
1143	1143
1144	1144
1145	1145
1146	1146	HB1432 - 31 - LRB103 05851 RLC 50871 b
1147	1147
1148	1148
1149	1149	HB1432- 32 -LRB103 05851 RLC 50871 b HB1432 - 32 - LRB103 05851 RLC 50871 b
1150	1150	HB1432 - 32 - LRB103 05851 RLC 50871 b
1151	1151	1 (E-10) As used in this Article, "sexual predator" also
1152	1152	2 means a person required to register in another State due to a
1153	1153	3 conviction, adjudication or other action of any court
1154	1154	4 triggering an obligation to register as a sex offender, sexual
1155	1155	5 predator, or substantially similar status under the laws of
1156	1156	6 that State.
1157	1157	7 (F) As used in this Article, "out-of-state student" means
1158	1158	8 any sex offender, as defined in this Section, or sexual
1159	1159	9 predator who is enrolled in Illinois, on a full-time or
1160	1160	10 part-time basis, in any public or private educational
1161	1161	11 institution, including, but not limited to, any secondary
1162	1162	12 school, trade or professional institution, or institution of
1163	1163	13 higher learning.
1164	1164	14 (G) As used in this Article, "out-of-state employee" means
1165	1165	15 any sex offender, as defined in this Section, or sexual
1166	1166	16 predator who works in Illinois, regardless of whether the
1167	1167	17 individual receives payment for services performed, for a
1168	1168	18 period of time of 10 or more days or for an aggregate period of
1169	1169	19 time of 30 or more days during any calendar year. Persons who
1170	1170	20 operate motor vehicles in the State accrue one day of
1171	1171	21 employment time for any portion of a day spent in Illinois.
1172	1172	22 (H) As used in this Article, "school" means any public or
1173	1173	23 private educational institution, including, but not limited
1174	1174	24 to, any elementary or secondary school, trade or professional
1175	1175	25 institution, or institution of higher education.
1176	1176	26 (I) As used in this Article, "fixed residence" means any
1177	1177
1178	1178
1179	1179
1180	1180
1181	1181
1182	1182	HB1432 - 32 - LRB103 05851 RLC 50871 b
1183	1183
1184	1184
1185	1185	HB1432- 33 -LRB103 05851 RLC 50871 b HB1432 - 33 - LRB103 05851 RLC 50871 b
1186	1186	HB1432 - 33 - LRB103 05851 RLC 50871 b
1187	1187	1 and all places that a sex offender resides for an aggregate
1188	1188	2 period of time of 5 or more days in a calendar year.
1189	1189	3 (J) As used in this Article, "Internet protocol address"
1190	1190	4 means the string of numbers by which a location on the Internet
1191	1191	5 is identified by routers or other computers connected to the
1192	1192	6 Internet.
1193	1193	7 (Source: P.A. 100-428, eff. 1-1-18.)
1194	1194
1195	1195
1196	1196
1197	1197
1198	1198
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