Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2436 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 SB2436 Introduced 2/10/2023, by Sen. Willie Preston 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. 222 730 ILCS 150/7 from Ch. 38, par. 227 Amends the Criminal Code of 2012. Creates the offense of lewd sexual display in a penal institution. Provides that a person commits the offense when he or she is in the custody of a penal institution and knowingly engages in any of the following acts while he or she is confined in a penal institution: engages in a lewd exposure of the body or sex organs, anus, or breast, for the purpose or effect of intimidating, harassing, or threatening one whom he or she believes to be in the presence or view of such acts. Excludes from the definition of "penal institution" a facility of the Department of Juvenile Justice or a juvenile detention facility. Provides that lewd sexual display in a penal institution is a Class A misdemeanor, except that a person convicted of a third or subsequent violation is guilty of a Class 4 felony. Provides that the Illinois Criminal Justice Information Authority shall compile certain data provided to it and provide an annual report to the Governor and the General Assembly on or before January 1 of each year. Provides that the Illinois Criminal Justice Information Authority may include findings or recommendations in its published annual report. Amends the Sex Offender Registration Act. Provides that "sex offense" under the Act includes a third violation of lewd sexual display in a penal institution committed on or after the effective date of the amendatory Act and before January 1, 2030. Provides that a person convicted of a third violation of lewd sexual display in a penal institution, committed on or after the effective date of the amendatory Act and before January 1, 2030, who is required to register under the Act shall be required to register for a period of 10 years after conviction or adjudication if not confined to a penal institution, hospital, or any other institution or facility, and if confined, for a period of 10 years after parole, discharge, or release from any such facility. Repeals the Sections creating the offense of and reporting requirements regarding lewd sexual display in a penal institution on January 1, 2030. LRB103 28783 RLC 55168 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2436 Introduced 2/10/2023, by Sen. Willie Preston SYNOPSIS AS INTRODUCED: 720 ILCS 5/11-9.2-1 new720 ILCS 5/11-9.2-2 new 730 ILCS 150/2 from Ch. 38, par. 222 730 ILCS 150/7 from Ch. 38, par. 227 720 ILCS 5/11-9.2-1 new 720 ILCS 5/11-9.2-2 new 730 ILCS 150/2 from Ch. 38, par. 222 730 ILCS 150/7 from Ch. 38, par. 227 Amends the Criminal Code of 2012. Creates the offense of lewd sexual display in a penal institution. Provides that a person commits the offense when he or she is in the custody of a penal institution and knowingly engages in any of the following acts while he or she is confined in a penal institution: engages in a lewd exposure of the body or sex organs, anus, or breast, for the purpose or effect of intimidating, harassing, or threatening one whom he or she believes to be in the presence or view of such acts. Excludes from the definition of "penal institution" a facility of the Department of Juvenile Justice or a juvenile detention facility. Provides that lewd sexual display in a penal institution is a Class A misdemeanor, except that a person convicted of a third or subsequent violation is guilty of a Class 4 felony. Provides that the Illinois Criminal Justice Information Authority shall compile certain data provided to it and provide an annual report to the Governor and the General Assembly on or before January 1 of each year. Provides that the Illinois Criminal Justice Information Authority may include findings or recommendations in its published annual report. Amends the Sex Offender Registration Act. Provides that "sex offense" under the Act includes a third violation of lewd sexual display in a penal institution committed on or after the effective date of the amendatory Act and before January 1, 2030. Provides that a person convicted of a third violation of lewd sexual display in a penal institution, committed on or after the effective date of the amendatory Act and before January 1, 2030, who is required to register under the Act shall be required to register for a period of 10 years after conviction or adjudication if not confined to a penal institution, hospital, or any other institution or facility, and if confined, for a period of 10 years after parole, discharge, or release from any such facility. Repeals the Sections creating the offense of and reporting requirements regarding lewd sexual display in a penal institution on January 1, 2030. LRB103 28783 RLC 55168 b LRB103 28783 RLC 55168 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2436 Introduced 2/10/2023, by Sen. Willie Preston SYNOPSIS AS INTRODUCED:
3	3	720 ILCS 5/11-9.2-1 new720 ILCS 5/11-9.2-2 new 730 ILCS 150/2 from Ch. 38, par. 222 730 ILCS 150/7 from Ch. 38, par. 227 720 ILCS 5/11-9.2-1 new 720 ILCS 5/11-9.2-2 new 730 ILCS 150/2 from Ch. 38, par. 222 730 ILCS 150/7 from Ch. 38, par. 227
4	4	720 ILCS 5/11-9.2-1 new
5	5	720 ILCS 5/11-9.2-2 new
6	6	730 ILCS 150/2 from Ch. 38, par. 222
7	7	730 ILCS 150/7 from Ch. 38, par. 227
8	8	Amends the Criminal Code of 2012. Creates the offense of lewd sexual display in a penal institution. Provides that a person commits the offense when he or she is in the custody of a penal institution and knowingly engages in any of the following acts while he or she is confined in a penal institution: engages in a lewd exposure of the body or sex organs, anus, or breast, for the purpose or effect of intimidating, harassing, or threatening one whom he or she believes to be in the presence or view of such acts. Excludes from the definition of "penal institution" a facility of the Department of Juvenile Justice or a juvenile detention facility. Provides that lewd sexual display in a penal institution is a Class A misdemeanor, except that a person convicted of a third or subsequent violation is guilty of a Class 4 felony. Provides that the Illinois Criminal Justice Information Authority shall compile certain data provided to it and provide an annual report to the Governor and the General Assembly on or before January 1 of each year. Provides that the Illinois Criminal Justice Information Authority may include findings or recommendations in its published annual report. Amends the Sex Offender Registration Act. Provides that "sex offense" under the Act includes a third violation of lewd sexual display in a penal institution committed on or after the effective date of the amendatory Act and before January 1, 2030. Provides that a person convicted of a third violation of lewd sexual display in a penal institution, committed on or after the effective date of the amendatory Act and before January 1, 2030, who is required to register under the Act shall be required to register for a period of 10 years after conviction or adjudication if not confined to a penal institution, hospital, or any other institution or facility, and if confined, for a period of 10 years after parole, discharge, or release from any such facility. Repeals the Sections creating the offense of and reporting requirements regarding lewd sexual display in a penal institution on January 1, 2030.
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14	14	1 AN ACT concerning criminal law.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The Criminal Code of 2012 is amended by adding
18	18	5 Sections 11-9.2-1 and 11-9.2-2 as follows:
19	19	6 (720 ILCS 5/11-9.2-1 new)
20	20	7 Sec. 11-9.2-1. Lewd sexual display in a penal institution.
21	21	8 (a) A person commits lewd sexual display in a penal
22	22	9 institution when he or she is in the custody of a penal
23	23	10 institution and knowingly engages in any of the following acts
24	24	11 while he or she is confined in a penal institution: engages in
25	25	12 a lewd exposure of the body or sex organs, anus, or breast, for
26	26	13 the purpose or effect of intimidating, harassing, or
27	27	14 threatening one whom he or she believes to be in the presence
28	28	15 or view of such acts. For purposes of this Section, "penal
29	29	16 institution" does not include a facility of the Department of
30	30	17 Juvenile Justice or a juvenile detention facility.
31	31	18 (b) Sentence. Lewd sexual display in a penal institution
32	32	19 is a Class A misdemeanor. A person convicted of a third or
33	33	20 subsequent violation for lewd sexual display in a penal
34	34	21 institution is guilty of a Class 4 felony.
35	35	22 (c) A person charged with a violation of this Section
36	36	23 shall be eligible for an evaluation for a mental health court
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40	40	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2436 Introduced 2/10/2023, by Sen. Willie Preston SYNOPSIS AS INTRODUCED:
41	41	720 ILCS 5/11-9.2-1 new720 ILCS 5/11-9.2-2 new 730 ILCS 150/2 from Ch. 38, par. 222 730 ILCS 150/7 from Ch. 38, par. 227 720 ILCS 5/11-9.2-1 new 720 ILCS 5/11-9.2-2 new 730 ILCS 150/2 from Ch. 38, par. 222 730 ILCS 150/7 from Ch. 38, par. 227
42	42	720 ILCS 5/11-9.2-1 new
43	43	720 ILCS 5/11-9.2-2 new
44	44	730 ILCS 150/2 from Ch. 38, par. 222
45	45	730 ILCS 150/7 from Ch. 38, par. 227
46	46	Amends the Criminal Code of 2012. Creates the offense of lewd sexual display in a penal institution. Provides that a person commits the offense when he or she is in the custody of a penal institution and knowingly engages in any of the following acts while he or she is confined in a penal institution: engages in a lewd exposure of the body or sex organs, anus, or breast, for the purpose or effect of intimidating, harassing, or threatening one whom he or she believes to be in the presence or view of such acts. Excludes from the definition of "penal institution" a facility of the Department of Juvenile Justice or a juvenile detention facility. Provides that lewd sexual display in a penal institution is a Class A misdemeanor, except that a person convicted of a third or subsequent violation is guilty of a Class 4 felony. Provides that the Illinois Criminal Justice Information Authority shall compile certain data provided to it and provide an annual report to the Governor and the General Assembly on or before January 1 of each year. Provides that the Illinois Criminal Justice Information Authority may include findings or recommendations in its published annual report. Amends the Sex Offender Registration Act. Provides that "sex offense" under the Act includes a third violation of lewd sexual display in a penal institution committed on or after the effective date of the amendatory Act and before January 1, 2030. Provides that a person convicted of a third violation of lewd sexual display in a penal institution, committed on or after the effective date of the amendatory Act and before January 1, 2030, who is required to register under the Act shall be required to register for a period of 10 years after conviction or adjudication if not confined to a penal institution, hospital, or any other institution or facility, and if confined, for a period of 10 years after parole, discharge, or release from any such facility. Repeals the Sections creating the offense of and reporting requirements regarding lewd sexual display in a penal institution on January 1, 2030.
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49	49	A BILL FOR
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55	55	720 ILCS 5/11-9.2-1 new
56	56	720 ILCS 5/11-9.2-2 new
57	57	730 ILCS 150/2 from Ch. 38, par. 222
58	58	730 ILCS 150/7 from Ch. 38, par. 227
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77	77	1 program under the Mental Health Court Treatment Act, the
78	78	2 provisions of Section 20 of that Act notwithstanding, and
79	79	3 shall be given an eligibility screening and an assessment,
80	80	4 pursuant to the provisions of Section 25 of the Mental Health
81	81	5 Court Treatment Act, administered by a qualified mental health
82	82	6 court professional independent of the penal institution where
83	83	7 the individual is in custody.
84	84	8 (d) Notwithstanding the provisions of subsection (e) of
85	85	9 Section 25 of the Mental Health Court Treatment Act, a person
86	86	10 who has been charged with a violation of this Section shall not
87	87	11 be liable for any fines, fees, costs, or restitution unless
88	88	12 the person fails to successfully complete that person's
89	89	13 court-ordered mental health court treatment program.
90	90	14 (e) All charges against a person for a violation of this
91	91	15 Section shall be dismissed upon the court's determination that
92	92	16 the person has successfully completed the person's
93	93	17 court-ordered mental health court treatment program.
94	94	18 Unwillingness or failure to successfully complete a
95	95	19 court-ordered mental health court treatment program shall
96	96	20 result in a conviction and the convicted person shall be
97	97	21 subject to the penalties under subsection (b).
98	98	22 (f) A person is not guilty of a violation of this Section
99	99	23 for engaging in the conduct prohibited by this Section, if any
100	100	24 of the following are true:
101	101	25 (1) the person is under 18 years of age or not confined
102	102	26 to a penal institution;
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113	113	1 (2) the person suffered from a behavioral health issue
114	114	2 at the time of the prohibited conduct and that behavioral
115	115	3 health issue was the direct cause for the person having
116	116	4 engaged in the prohibited conduct; or
117	117	5 (3) the person was not in the actual presence or view
118	118	6 of another person.
119	119	7 (g) This Section is repealed on January 1, 2030.
120	120	8 (720 ILCS 5/11-9.2-2 new)
121	121	9 Sec. 11-9.2-2. Lewd sexual display in a penal institution
122	122	10 annual report; sunset date.
123	123	11 (a) The Illinois Criminal Justice Information Authority
124	124	12 shall compile data provided to it pursuant to this Section and
125	125	13 provide an annual report to the Governor and the General
126	126	14 Assembly on or before January 1 of each year. The Illinois
127	127	15 Criminal Justice Information Authority may include findings or
128	128	16 recommendations in its published annual report.
129	129	17 (b) The following data shall be provided to the Illinois
130	130	18 Criminal Justice Information Authority on or before October 1
131	131	19 of each year:
132	132	20 (1) each penal institution shall provide the number of
133	133	21 persons referred to a county State's Attorney for
134	134	22 prosecution of a violation of Section 11-9.2-1, the
135	135	23 demographic data of the referred persons, including, but
136	136	24 not limited to, age and sex, and any underlying charge or
137	137	25 charges upon which the referred person is being held in
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148	148	1 the custody of the penal institution; and
149	149	2 (2) each county State's Attorney shall provide the
150	150	3 number of persons charged by that State's Attorney for a
151	151	4 violation of Section 11-9.2-1, the demographic data of the
152	152	5 charged persons, including, but not limited to, age and
153	153	6 sex, and the case disposition, or lack thereof, of each
154	154	7 charged person.
155	155	8 (c) This Section is repealed on January 1, 2030.
156	156	9 Section 10. The Sex Offender Registration Act is amended
157	157	10 by changing Sections 2 and 7 as follows:
158	158	11 (730 ILCS 150/2) (from Ch. 38, par. 222)
159	159	12 Sec. 2. Definitions.
160	160	13 (A) As used in this Article, "sex offender" means any
161	161	14 person who is:
162	162	15 (1) charged pursuant to Illinois law, or any
163	163	16 substantially similar federal, Uniform Code of Military
164	164	17 Justice, sister state, or foreign country law, with a sex
165	165	18 offense set forth in subsection (B) of this Section or the
166	166	19 attempt to commit an included sex offense, and:
167	167	20 (a) is convicted of such offense or an attempt to
168	168	21 commit such offense; or
169	169	22 (b) is found not guilty by reason of insanity of
170	170	23 such offense or an attempt to commit such offense; or
171	171	24 (c) is found not guilty by reason of insanity
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182	182	1 pursuant to Section 104-25(c) of the Code of Criminal
183	183	2 Procedure of 1963 of such offense or an attempt to
184	184	3 commit such offense; or
185	185	4 (d) is the subject of a finding not resulting in an
186	186	5 acquittal at a hearing conducted pursuant to Section
187	187	6 104-25(a) of the Code of Criminal Procedure of 1963
188	188	7 for the alleged commission or attempted commission of
189	189	8 such offense; or
190	190	9 (e) is found not guilty by reason of insanity
191	191	10 following a hearing conducted pursuant to a federal,
192	192	11 Uniform Code of Military Justice, sister state, or
193	193	12 foreign country law substantially similar to Section
194	194	13 104-25(c) of the Code of Criminal Procedure of 1963 of
195	195	14 such offense or of the attempted commission of such
196	196	15 offense; or
197	197	16 (f) is the subject of a finding not resulting in an
198	198	17 acquittal at a hearing conducted pursuant to a
199	199	18 federal, Uniform Code of Military Justice, sister
200	200	19 state, or foreign country law substantially similar to
201	201	20 Section 104-25(a) of the Code of Criminal Procedure of
202	202	21 1963 for the alleged violation or attempted commission
203	203	22 of such offense; or
204	204	23 (2) declared as a sexually dangerous person pursuant
205	205	24 to the Illinois Sexually Dangerous Persons Act, or any
206	206	25 substantially similar federal, Uniform Code of Military
207	207	26 Justice, sister state, or foreign country law; or
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218	218	1 (3) subject to the provisions of Section 2 of the
219	219	2 Interstate Agreements on Sexually Dangerous Persons Act;
220	220	3 or
221	221	4 (4) found to be a sexually violent person pursuant to
222	222	5 the Sexually Violent Persons Commitment Act or any
223	223	6 substantially similar federal, Uniform Code of Military
224	224	7 Justice, sister state, or foreign country law; or
225	225	8 (5) adjudicated a juvenile delinquent as the result of
226	226	9 committing or attempting to commit an act which, if
227	227	10 committed by an adult, would constitute any of the
228	228	11 offenses specified in item (B), (C), or (C-5) of this
229	229	12 Section or a violation of any substantially similar
230	230	13 federal, Uniform Code of Military Justice, sister state,
231	231	14 or foreign country law, or found guilty under Article V of
232	232	15 the Juvenile Court Act of 1987 of committing or attempting
233	233	16 to commit an act which, if committed by an adult, would
234	234	17 constitute any of the offenses specified in item (B), (C),
235	235	18 or (C-5) of this Section or a violation of any
236	236	19 substantially similar federal, Uniform Code of Military
237	237	20 Justice, sister state, or foreign country law.
238	238	21 Convictions that result from or are connected with the
239	239	22 same act, or result from offenses committed at the same time,
240	240	23 shall be counted for the purpose of this Article as one
241	241	24 conviction. Any conviction set aside pursuant to law is not a
242	242	25 conviction for purposes of this Article.
243	243	26 For purposes of this Section, "convicted" shall have the
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254	254	1 same meaning as "adjudicated".
255	255	2 (B) As used in this Article, "sex offense" means:
256	256	3 (1) A violation of any of the following Sections of
257	257	4 the Criminal Code of 1961 or the Criminal Code of 2012:
258	258	5 11-20.1 (child pornography),
259	259	6 11-20.1B or 11-20.3 (aggravated child
260	260	7 pornography),
261	261	8 11-6 (indecent solicitation of a child),
262	262	9 11-9.1 (sexual exploitation of a child),
263	263	10 11-9.2 (custodial sexual misconduct),
264	264	11 11-9.5 (sexual misconduct with a person with a
265	265	12 disability),
266	266	13 11-14.4 (promoting juvenile prostitution),
267	267	14 11-15.1 (soliciting for a juvenile prostitute),
268	268	15 11-18.1 (patronizing a juvenile prostitute),
269	269	16 11-17.1 (keeping a place of juvenile
270	270	17 prostitution),
271	271	18 11-19.1 (juvenile pimping),
272	272	19 11-19.2 (exploitation of a child),
273	273	20 11-25 (grooming),
274	274	21 11-26 (traveling to meet a minor or traveling to
275	275	22 meet a child),
276	276	23 11-1.20 or 12-13 (criminal sexual assault),
277	277	24 11-1.30 or 12-14 (aggravated criminal sexual
278	278	25 assault),
279	279	26 11-1.40 or 12-14.1 (predatory criminal sexual
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290	290	1 assault of a child),
291	291	2 11-1.50 or 12-15 (criminal sexual abuse),
292	292	3 11-1.60 or 12-16 (aggravated criminal sexual
293	293	4 abuse),
294	294	5 12-33 (ritualized abuse of a child).
295	295	6 An attempt to commit any of these offenses.
296	296	7 (1.5) A violation of any of the following Sections of
297	297	8 the Criminal Code of 1961 or the Criminal Code of 2012,
298	298	9 when the victim is a person under 18 years of age, the
299	299	10 defendant is not a parent of the victim, the offense was
300	300	11 sexually motivated as defined in Section 10 of the Sex
301	301	12 Offender Evaluation and Treatment Act, and the offense was
302	302	13 committed on or after January 1, 1996:
303	303	14 10-1 (kidnapping),
304	304	15 10-2 (aggravated kidnapping),
305	305	16 10-3 (unlawful restraint),
306	306	17 10-3.1 (aggravated unlawful restraint).
307	307	18 If the offense was committed before January 1, 1996,
308	308	19 it is a sex offense requiring registration only when the
309	309	20 person is convicted of any felony after July 1, 2011, and
310	310	21 paragraph (2.1) of subsection (c) of Section 3 of this Act
311	311	22 applies.
312	312	23 (1.6) First degree murder under Section 9-1 of the
313	313	24 Criminal Code of 1961 or the Criminal Code of 2012,
314	314	25 provided the offense was sexually motivated as defined in
315	315	26 Section 10 of the Sex Offender Management Board Act.
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326	326	1 (1.7) (Blank).
327	327	2 (1.8) A violation or attempted violation of Section
328	328	3 11-11 (sexual relations within families) of the Criminal
329	329	4 Code of 1961 or the Criminal Code of 2012, and the offense
330	330	5 was committed on or after June 1, 1997. If the offense was
331	331	6 committed before June 1, 1997, it is a sex offense
332	332	7 requiring registration only when the person is convicted
333	333	8 of any felony after July 1, 2011, and paragraph (2.1) of
334	334	9 subsection (c) of Section 3 of this Act applies.
335	335	10 (1.9) Child abduction under paragraph (10) of
336	336	11 subsection (b) of Section 10-5 of the Criminal Code of
337	337	12 1961 or the Criminal Code of 2012 committed by luring or
338	338	13 attempting to lure a child under the age of 16 into a motor
339	339	14 vehicle, building, house trailer, or dwelling place
340	340	15 without the consent of the parent or lawful custodian of
341	341	16 the child for other than a lawful purpose and the offense
342	342	17 was committed on or after January 1, 1998, provided the
343	343	18 offense was sexually motivated as defined in Section 10 of
344	344	19 the Sex Offender Management Board Act. If the offense was
345	345	20 committed before January 1, 1998, it is a sex offense
346	346	21 requiring registration only when the person is convicted
347	347	22 of any felony after July 1, 2011, and paragraph (2.1) of
348	348	23 subsection (c) of Section 3 of this Act applies.
349	349	24 (1.10) A violation or attempted violation of any of
350	350	25 the following Sections of the Criminal Code of 1961 or the
351	351	26 Criminal Code of 2012 when the offense was committed on or
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362	362	1 after July 1, 1999:
363	363	2 10-4 (forcible detention, if the victim is under
364	364	3 18 years of age), provided the offense was sexually
365	365	4 motivated as defined in Section 10 of the Sex Offender
366	366	5 Management Board Act,
367	367	6 11-6.5 (indecent solicitation of an adult),
368	368	7 11-14.3 that involves soliciting for a prostitute,
369	369	8 or 11-15 (soliciting for a prostitute, if the victim
370	370	9 is under 18 years of age),
371	371	10 subdivision (a)(2)(A) or (a)(2)(B) of Section
372	372	11 11-14.3, or Section 11-16 (pandering, if the victim is
373	373	12 under 18 years of age),
374	374	13 11-18 (patronizing a prostitute, if the victim is
375	375	14 under 18 years of age),
376	376	15 subdivision (a)(2)(C) of Section 11-14.3, or
377	377	16 Section 11-19 (pimping, if the victim is under 18
378	378	17 years of age).
379	379	18 If the offense was committed before July 1, 1999, it
380	380	19 is a sex offense requiring registration only when the
381	381	20 person is convicted of any felony after July 1, 2011, and
382	382	21 paragraph (2.1) of subsection (c) of Section 3 of this Act
383	383	22 applies.
384	384	23 (1.11) A violation or attempted violation of any of
385	385	24 the following Sections of the Criminal Code of 1961 or the
386	386	25 Criminal Code of 2012 when the offense was committed on or
387	387	26 after August 22, 2002:
388	388
389	389
390	390
391	391
392	392
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394	394
395	395
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397	397	SB2436 - 11 - LRB103 28783 RLC 55168 b
398	398	1 11-9 or 11-30 (public indecency for a third or
399	399	2 subsequent conviction).
400	400	3 If the third or subsequent conviction was imposed
401	401	4 before August 22, 2002, it is a sex offense requiring
402	402	5 registration only when the person is convicted of any
403	403	6 felony after July 1, 2011, and paragraph (2.1) of
404	404	7 subsection (c) of Section 3 of this Act applies.
405	405	8 (1.12) A violation or attempted violation of Section
406	406	9 5.1 of the Wrongs to Children Act or Section 11-9.1A of the
407	407	10 Criminal Code of 1961 or the Criminal Code of 2012
408	408	11 (permitting sexual abuse) when the offense was committed
409	409	12 on or after August 22, 2002. If the offense was committed
410	410	13 before August 22, 2002, it is a sex offense requiring
411	411	14 registration only when the person is convicted of any
412	412	15 felony after July 1, 2011, and paragraph (2.1) of
413	413	16 subsection (c) of Section 3 of this Act applies.
414	414	17 (1.13) A third violation of Section 11-9.2-1 (lewd
415	415	18 sexual display in a penal institution) of the Criminal
416	416	19 Code of 2012, committed on or after the effective date of
417	417	20 this amendatory Act of the 103rd General Assembly and
418	418	21 before January 1, 2030.
419	419	22 (2) A violation of any former law of this State
420	420	23 substantially equivalent to any offense listed in
421	421	24 subsection (B) of this Section.
422	422	25 (C) A conviction for an offense of federal law, Uniform
423	423	26 Code of Military Justice, or the law of another state or a
424	424
425	425
426	426
427	427
428	428
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430	430
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434	434	1 foreign country that is substantially equivalent to any
435	435	2 offense listed in subsections (B), (C), (E), and (E-5) of this
436	436	3 Section shall constitute a conviction for the purpose of this
437	437	4 Article. A finding or adjudication as a sexually dangerous
438	438	5 person or a sexually violent person under any federal law,
439	439	6 Uniform Code of Military Justice, or the law of another state
440	440	7 or foreign country that is substantially equivalent to the
441	441	8 Sexually Dangerous Persons Act or the Sexually Violent Persons
442	442	9 Commitment Act shall constitute an adjudication for the
443	443	10 purposes of this Article.
444	444	11 (C-5) A person at least 17 years of age at the time of the
445	445	12 commission of the offense who is convicted of first degree
446	446	13 murder under Section 9-1 of the Criminal Code of 1961 or the
447	447	14 Criminal Code of 2012, against a person under 18 years of age,
448	448	15 shall be required to register for natural life. A conviction
449	449	16 for an offense of federal, Uniform Code of Military Justice,
450	450	17 sister state, or foreign country law that is substantially
451	451	18 equivalent to any offense listed in subsection (C-5) of this
452	452	19 Section shall constitute a conviction for the purpose of this
453	453	20 Article. This subsection (C-5) applies to a person who
454	454	21 committed the offense before June 1, 1996 if: (i) the person is
455	455	22 incarcerated in an Illinois Department of Corrections facility
456	456	23 on August 20, 2004 (the effective date of Public Act 93-977),
457	457	24 or (ii) subparagraph (i) does not apply and the person is
458	458	25 convicted of any felony after July 1, 2011, and paragraph
459	459	26 (2.1) of subsection (c) of Section 3 of this Act applies.
460	460
461	461
462	462
463	463
464	464
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466	466
467	467
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469	469	SB2436 - 13 - LRB103 28783 RLC 55168 b
470	470	1 (C-6) A person who is convicted or adjudicated delinquent
471	471	2 of first degree murder as defined in Section 9-1 of the
472	472	3 Criminal Code of 1961 or the Criminal Code of 2012, against a
473	473	4 person 18 years of age or over, shall be required to register
474	474	5 for his or her natural life. A conviction for an offense of
475	475	6 federal, Uniform Code of Military Justice, sister state, or
476	476	7 foreign country law that is substantially equivalent to any
477	477	8 offense listed in subsection (C-6) of this Section shall
478	478	9 constitute a conviction for the purpose of this Article. This
479	479	10 subsection (C-6) does not apply to those individuals released
480	480	11 from incarceration more than 10 years prior to January 1, 2012
481	481	12 (the effective date of Public Act 97-154).
482	482	13 (D) As used in this Article, "law enforcement agency
483	483	14 having jurisdiction" means the Chief of Police in each of the
484	484	15 municipalities in which the sex offender expects to reside,
485	485	16 work, or attend school (1) upon his or her discharge, parole or
486	486	17 release or (2) during the service of his or her sentence of
487	487	18 probation or conditional discharge, or the Sheriff of the
488	488	19 county, in the event no Police Chief exists or if the offender
489	489	20 intends to reside, work, or attend school in an unincorporated
490	490	21 area. "Law enforcement agency having jurisdiction" includes
491	491	22 the location where out-of-state students attend school and
492	492	23 where out-of-state employees are employed or are otherwise
493	493	24 required to register.
494	494	25 (D-1) As used in this Article, "supervising officer" means
495	495	26 the assigned Illinois Department of Corrections parole agent
496	496
497	497
498	498
499	499
500	500
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503	503
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506	506	1 or county probation officer.
507	507	2 (E) As used in this Article, "sexual predator" means any
508	508	3 person who, after July 1, 1999, is:
509	509	4 (1) Convicted for an offense of federal, Uniform Code
510	510	5 of Military Justice, sister state, or foreign country law
511	511	6 that is substantially equivalent to any offense listed in
512	512	7 subsection (E) or (E-5) of this Section shall constitute a
513	513	8 conviction for the purpose of this Article. Convicted of a
514	514	9 violation or attempted violation of any of the following
515	515	10 Sections of the Criminal Code of 1961 or the Criminal Code
516	516	11 of 2012:
517	517	12 10-5.1 (luring of a minor),
518	518	13 11-14.4 that involves keeping a place of juvenile
519	519	14 prostitution, or 11-17.1 (keeping a place of juvenile
520	520	15 prostitution),
521	521	16 subdivision (a)(2) or (a)(3) of Section 11-14.4,
522	522	17 or Section 11-19.1 (juvenile pimping),
523	523	18 subdivision (a)(4) of Section 11-14.4, or Section
524	524	19 11-19.2 (exploitation of a child),
525	525	20 11-20.1 (child pornography),
526	526	21 11-20.1B or 11-20.3 (aggravated child
527	527	22 pornography),
528	528	23 11-1.20 or 12-13 (criminal sexual assault),
529	529	24 11-1.30 or 12-14 (aggravated criminal sexual
530	530	25 assault),
531	531	26 11-1.40 or 12-14.1 (predatory criminal sexual
532	532
533	533
534	534
535	535
536	536
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539	539
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541	541	SB2436 - 15 - LRB103 28783 RLC 55168 b
542	542	1 assault of a child),
543	543	2 11-1.60 or 12-16 (aggravated criminal sexual
544	544	3 abuse),
545	545	4 12-33 (ritualized abuse of a child);
546	546	5 (2) (blank);
547	547	6 (3) declared as a sexually dangerous person pursuant
548	548	7 to the Sexually Dangerous Persons Act or any substantially
549	549	8 similar federal, Uniform Code of Military Justice, sister
550	550	9 state, or foreign country law;
551	551	10 (4) found to be a sexually violent person pursuant to
552	552	11 the Sexually Violent Persons Commitment Act or any
553	553	12 substantially similar federal, Uniform Code of Military
554	554	13 Justice, sister state, or foreign country law;
555	555	14 (5) convicted of a second or subsequent offense which
556	556	15 requires registration pursuant to this Act. For purposes
557	557	16 of this paragraph (5), "convicted" shall include a
558	558	17 conviction under any substantially similar Illinois,
559	559	18 federal, Uniform Code of Military Justice, sister state,
560	560	19 or foreign country law;
561	561	20 (6) (blank); or
562	562	21 (7) if the person was convicted of an offense set
563	563	22 forth in this subsection (E) on or before July 1, 1999, the
564	564	23 person is a sexual predator for whom registration is
565	565	24 required only when the person is convicted of a felony
566	566	25 offense after July 1, 2011, and paragraph (2.1) of
567	567	26 subsection (c) of Section 3 of this Act applies.
568	568
569	569
570	570
571	571
572	572
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574	574
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578	578	1 (E-5) As used in this Article, "sexual predator" also
579	579	2 means a person convicted of a violation or attempted violation
580	580	3 of any of the following Sections of the Criminal Code of 1961
581	581	4 or the Criminal Code of 2012:
582	582	5 (1) Section 9-1 (first degree murder, when the victim
583	583	6 was a person under 18 years of age and the defendant was at
584	584	7 least 17 years of age at the time of the commission of the
585	585	8 offense, provided the offense was sexually motivated as
586	586	9 defined in Section 10 of the Sex Offender Management Board
587	587	10 Act);
588	588	11 (2) Section 11-9.5 (sexual misconduct with a person
589	589	12 with a disability);
590	590	13 (3) when the victim is a person under 18 years of age,
591	591	14 the defendant is not a parent of the victim, the offense
592	592	15 was sexually motivated as defined in Section 10 of the Sex
593	593	16 Offender Management Board Act, and the offense was
594	594	17 committed on or after January 1, 1996: (A) Section 10-1
595	595	18 (kidnapping), (B) Section 10-2 (aggravated kidnapping),
596	596	19 (C) Section 10-3 (unlawful restraint), and (D) Section
597	597	20 10-3.1 (aggravated unlawful restraint); and
598	598	21 (4) Section 10-5(b)(10) (child abduction committed by
599	599	22 luring or attempting to lure a child under the age of 16
600	600	23 into a motor vehicle, building, house trailer, or dwelling
601	601	24 place without the consent of the parent or lawful
602	602	25 custodian of the child for other than a lawful purpose and
603	603	26 the offense was committed on or after January 1, 1998,
604	604
605	605
606	606
607	607
608	608
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610	610
611	611
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614	614	1 provided the offense was sexually motivated as defined in
615	615	2 Section 10 of the Sex Offender Management Board Act).
616	616	3 (E-10) As used in this Article, "sexual predator" also
617	617	4 means a person required to register in another State due to a
618	618	5 conviction, adjudication or other action of any court
619	619	6 triggering an obligation to register as a sex offender, sexual
620	620	7 predator, or substantially similar status under the laws of
621	621	8 that State.
622	622	9 (F) As used in this Article, "out-of-state student" means
623	623	10 any sex offender, as defined in this Section, or sexual
624	624	11 predator who is enrolled in Illinois, on a full-time or
625	625	12 part-time basis, in any public or private educational
626	626	13 institution, including, but not limited to, any secondary
627	627	14 school, trade or professional institution, or institution of
628	628	15 higher learning.
629	629	16 (G) As used in this Article, "out-of-state employee" means
630	630	17 any sex offender, as defined in this Section, or sexual
631	631	18 predator who works in Illinois, regardless of whether the
632	632	19 individual receives payment for services performed, for a
633	633	20 period of time of 10 or more days or for an aggregate period of
634	634	21 time of 30 or more days during any calendar year. Persons who
635	635	22 operate motor vehicles in the State accrue one day of
636	636	23 employment time for any portion of a day spent in Illinois.
637	637	24 (H) As used in this Article, "school" means any public or
638	638	25 private educational institution, including, but not limited
639	639	26 to, any elementary or secondary school, trade or professional
640	640
641	641
642	642
643	643
644	644
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650	650	1 institution, or institution of higher education.
651	651	2 (I) As used in this Article, "fixed residence" means any
652	652	3 and all places that a sex offender resides for an aggregate
653	653	4 period of time of 5 or more days in a calendar year.
654	654	5 (J) As used in this Article, "Internet protocol address"
655	655	6 means the string of numbers by which a location on the Internet
656	656	7 is identified by routers or other computers connected to the
657	657	8 Internet.
658	658	9 (Source: P.A. 100-428, eff. 1-1-18.)
659	659	10 (730 ILCS 150/7) (from Ch. 38, par. 227)
660	660	11 Sec. 7. Duration of registration. A person who has been
661	661	12 adjudicated to be sexually dangerous and is later released or
662	662	13 found to be no longer sexually dangerous and discharged, shall
663	663	14 register for the period of his or her natural life. A sexually
664	664	15 violent person or sexual predator shall register for the
665	665	16 period of his or her natural life after conviction or
666	666	17 adjudication if not confined to a penal institution, hospital,
667	667	18 or other institution or facility, and if confined, for the
668	668	19 period of his or her natural life after parole, discharge, or
669	669	20 release from any such facility. A person who becomes subject
670	670	21 to registration under paragraph (2.1) of subsection (c) of
671	671	22 Section 3 of this Article who has previously been subject to
672	672	23 registration under this Article shall register for the period
673	673	24 currently required for the offense for which the person was
674	674	25 previously registered if not confined to a penal institution,
675	675
676	676
677	677
678	678
679	679
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681	681
682	682
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685	685	1 hospital, or other institution or facility, and if confined,
686	686	2 for the same period after parole, discharge, or release from
687	687	3 any such facility. Except as otherwise provided in this
688	688	4 Section, a person who becomes subject to registration under
689	689	5 this Article who has previously been subject to registration
690	690	6 under this Article or under the Murderer and Violent Offender
691	691	7 Against Youth Registration Act or similar registration
692	692	8 requirements of other jurisdictions shall register for the
693	693	9 period of his or her natural life if not confined to a penal
694	694	10 institution, hospital, or other institution or facility, and
695	695	11 if confined, for the period of his or her natural life after
696	696	12 parole, discharge, or release from any such facility. A person
697	697	13 convicted of a third violation of Section 11-9.2-1 of the
698	698	14 Criminal Code of 2012 (lewd sexual display in a penal
699	699	15 institution) committed on or after the effective date of this
700	700	16 amendatory Act of the 103rd General Assembly and before
701	701	17 January 1, 2030, who is required to register under this
702	702	18 Article shall be required to register for a period of 10 years
703	703	19 after conviction or adjudication if not confined to a penal
704	704	20 institution, hospital, or any other institution or facility,
705	705	21 and, if confined, for a period of 10 years after parole,
706	706	22 discharge, or release from any such facility. Any other person
707	707	23 who is required to register under this Article shall be
708	708	24 required to register for a period of 10 years after conviction
709	709	25 or adjudication if not confined to a penal institution,
710	710	26 hospital or any other institution or facility, and if
711	711
712	712
713	713
714	714
715	715
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717	717
718	718
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721	721	1 confined, for a period of 10 years after parole, discharge or
722	722	2 release from any such facility. A sex offender who is allowed
723	723	3 to leave a county, State, or federal facility for the purposes
724	724	4 of work release, education, or overnight visitations shall be
725	725	5 required to register within 3 days of beginning such a
726	726	6 program. Liability for registration terminates at the
727	727	7 expiration of 10 years from the date of conviction or
728	728	8 adjudication if not confined to a penal institution, hospital
729	729	9 or any other institution or facility and if confined, at the
730	730	10 expiration of 10 years from the date of parole, discharge or
731	731	11 release from any such facility, providing such person does
732	732	12 not, during that period, again become liable to register under
733	733	13 the provisions of this Article. Reconfinement due to a
734	734	14 violation of parole or other circumstances that relates to the
735	735	15 original conviction or adjudication shall extend the period of
736	736	16 registration to 10 years after final parole, discharge, or
737	737	17 release. Reconfinement due to a violation of parole, a
738	738	18 conviction reviving registration, or other circumstances that
739	739	19 do not relate to the original conviction or adjudication shall
740	740	20 toll the running of the balance of the 10-year period of
741	741	21 registration, which shall not commence running until after
742	742	22 final parole, discharge, or release. The Director of the
743	743	23 Illinois State Police, consistent with administrative rules,
744	744	24 shall extend for 10 years the registration period of any sex
745	745	25 offender, as defined in Section 2 of this Act, who fails to
746	746	26 comply with the provisions of this Article. The registration
747	747
748	748
749	749
750	750
751	751
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753	753
754	754
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757	757	1 period for any sex offender who fails to comply with any
758	758	2 provision of the Act shall extend the period of registration
759	759	3 by 10 years beginning from the first date of registration
760	760	4 after the violation. If the registration period is extended,
761	761	5 the Illinois State Police shall send a registered letter to
762	762	6 the law enforcement agency where the sex offender resides
763	763	7 within 3 days after the extension of the registration period.
764	764	8 The sex offender shall report to that law enforcement agency
765	765	9 and sign for that letter. One copy of that letter shall be kept
766	766	10 on file with the law enforcement agency of the jurisdiction
767	767	11 where the sex offender resides and one copy shall be returned
768	768	12 to the Illinois State Police.
769	769	13 (Source: P.A. 102-538, eff. 8-20-21.)
770	770
771	771
772	772
773	773
774	774
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