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
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
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
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A BILL FOR
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SB2436 LRB103 28783 RLC 55168 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 2012 is amended by adding
5 Sections 11-9.2-1 and 11-9.2-2 as follows:
6 (720 ILCS 5/11-9.2-1 new)
7 Sec. 11-9.2-1. Lewd sexual display in a penal institution.
8 (a) A person commits lewd sexual display in a penal
9 institution when he or she is in the custody of a penal
10 institution and knowingly engages in any of the following acts
11 while he or she is confined in a penal institution: engages in
12 a lewd exposure of the body or sex organs, anus, or breast, for
13 the purpose or effect of intimidating, harassing, or
14 threatening one whom he or she believes to be in the presence
15 or view of such acts. For purposes of this Section, "penal
16 institution" does not include a facility of the Department of
17 Juvenile Justice or a juvenile detention facility.
18 (b) Sentence. Lewd sexual display in a penal institution
19 is a Class A misdemeanor. A person convicted of a third or
20 subsequent violation for lewd sexual display in a penal
21 institution is guilty of a Class 4 felony.
22 (c) A person charged with a violation of this Section
23 shall be eligible for an evaluation for a mental health court
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
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
LRB103 28783 RLC 55168 b
A BILL FOR
720 ILCS 5/11-9.2-1 new
720 ILCS 5/11-9.2-2 new
730 ILCS 150/2 from Ch. 38, par. 222
730 ILCS 150/7 from Ch. 38, par. 227
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1 program under the Mental Health Court Treatment Act, the
2 provisions of Section 20 of that Act notwithstanding, and
3 shall be given an eligibility screening and an assessment,
4 pursuant to the provisions of Section 25 of the Mental Health
5 Court Treatment Act, administered by a qualified mental health
6 court professional independent of the penal institution where
7 the individual is in custody.
8 (d) Notwithstanding the provisions of subsection (e) of
9 Section 25 of the Mental Health Court Treatment Act, a person
10 who has been charged with a violation of this Section shall not
11 be liable for any fines, fees, costs, or restitution unless
12 the person fails to successfully complete that person's
13 court-ordered mental health court treatment program.
14 (e) All charges against a person for a violation of this
15 Section shall be dismissed upon the court's determination that
16 the person has successfully completed the person's
17 court-ordered mental health court treatment program.
18 Unwillingness or failure to successfully complete a
19 court-ordered mental health court treatment program shall
20 result in a conviction and the convicted person shall be
21 subject to the penalties under subsection (b).
22 (f) A person is not guilty of a violation of this Section
23 for engaging in the conduct prohibited by this Section, if any
24 of the following are true:
25 (1) the person is under 18 years of age or not confined
26 to a penal institution;
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1 (2) the person suffered from a behavioral health issue
2 at the time of the prohibited conduct and that behavioral
3 health issue was the direct cause for the person having
4 engaged in the prohibited conduct; or
5 (3) the person was not in the actual presence or view
6 of another person.
7 (g) This Section is repealed on January 1, 2030.
8 (720 ILCS 5/11-9.2-2 new)
9 Sec. 11-9.2-2. Lewd sexual display in a penal institution
10 annual report; sunset date.
11 (a) The Illinois Criminal Justice Information Authority
12 shall compile data provided to it pursuant to this Section and
13 provide an annual report to the Governor and the General
14 Assembly on or before January 1 of each year. The Illinois
15 Criminal Justice Information Authority may include findings or
16 recommendations in its published annual report.
17 (b) The following data shall be provided to the Illinois
18 Criminal Justice Information Authority on or before October 1
19 of each year:
20 (1) each penal institution shall provide the number of
21 persons referred to a county State's Attorney for
22 prosecution of a violation of Section 11-9.2-1, the
23 demographic data of the referred persons, including, but
24 not limited to, age and sex, and any underlying charge or
25 charges upon which the referred person is being held in
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1 the custody of the penal institution; and
2 (2) each county State's Attorney shall provide the
3 number of persons charged by that State's Attorney for a
4 violation of Section 11-9.2-1, the demographic data of the
5 charged persons, including, but not limited to, age and
6 sex, and the case disposition, or lack thereof, of each
7 charged person.
8 (c) This Section is repealed on January 1, 2030.
9 Section 10. The Sex Offender Registration Act is amended
10 by changing Sections 2 and 7 as follows:
11 (730 ILCS 150/2) (from Ch. 38, par. 222)
12 Sec. 2. Definitions.
13 (A) As used in this Article, "sex offender" means any
14 person who is:
15 (1) charged pursuant to Illinois law, or any
16 substantially similar federal, Uniform Code of Military
17 Justice, sister state, or foreign country law, with a sex
18 offense set forth in subsection (B) of this Section or the
19 attempt to commit an included sex offense, and:
20 (a) is convicted of such offense or an attempt to
21 commit such offense; or
22 (b) is found not guilty by reason of insanity of
23 such offense or an attempt to commit such offense; or
24 (c) is found not guilty by reason of insanity
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1 pursuant to Section 104-25(c) of the Code of Criminal
2 Procedure of 1963 of such offense or an attempt to
3 commit such offense; or
4 (d) is the subject of a finding not resulting in an
5 acquittal at a hearing conducted pursuant to Section
6 104-25(a) of the Code of Criminal Procedure of 1963
7 for the alleged commission or attempted commission of
8 such offense; or
9 (e) is found not guilty by reason of insanity
10 following a hearing conducted pursuant to a federal,
11 Uniform Code of Military Justice, sister state, or
12 foreign country law substantially similar to Section
13 104-25(c) of the Code of Criminal Procedure of 1963 of
14 such offense or of the attempted commission of such
15 offense; or
16 (f) is the subject of a finding not resulting in an
17 acquittal at a hearing conducted pursuant to a
18 federal, Uniform Code of Military Justice, sister
19 state, or foreign country law substantially similar to
20 Section 104-25(a) of the Code of Criminal Procedure of
21 1963 for the alleged violation or attempted commission
22 of such offense; or
23 (2) declared as a sexually dangerous person pursuant
24 to the Illinois Sexually Dangerous Persons Act, or any
25 substantially similar federal, Uniform Code of Military
26 Justice, sister state, or foreign country law; or
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1 (3) subject to the provisions of Section 2 of the
2 Interstate Agreements on Sexually Dangerous Persons Act;
3 or
4 (4) found to be a sexually violent person pursuant to
5 the Sexually Violent Persons Commitment Act or any
6 substantially similar federal, Uniform Code of Military
7 Justice, sister state, or foreign country law; or
8 (5) adjudicated a juvenile delinquent as the result of
9 committing or attempting to commit an act which, if
10 committed by an adult, would constitute any of the
11 offenses specified in item (B), (C), or (C-5) of this
12 Section or a violation of any substantially similar
13 federal, Uniform Code of Military Justice, sister state,
14 or foreign country law, or found guilty under Article V of
15 the Juvenile Court Act of 1987 of committing or attempting
16 to commit an act which, if committed by an adult, would
17 constitute any of the offenses specified in item (B), (C),
18 or (C-5) of this Section or a violation of any
19 substantially similar federal, Uniform Code of Military
20 Justice, sister state, or foreign country law.
21 Convictions that result from or are connected with the
22 same act, or result from offenses committed at the same time,
23 shall be counted for the purpose of this Article as one
24 conviction. Any conviction set aside pursuant to law is not a
25 conviction for purposes of this Article.
26 For purposes of this Section, "convicted" shall have the
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1 same meaning as "adjudicated".
2 (B) As used in this Article, "sex offense" means:
3 (1) A violation of any of the following Sections of
4 the Criminal Code of 1961 or the Criminal Code of 2012:
5 11-20.1 (child pornography),
6 11-20.1B or 11-20.3 (aggravated child
7 pornography),
8 11-6 (indecent solicitation of a child),
9 11-9.1 (sexual exploitation of a child),
10 11-9.2 (custodial sexual misconduct),
11 11-9.5 (sexual misconduct with a person with a
12 disability),
13 11-14.4 (promoting juvenile prostitution),
14 11-15.1 (soliciting for a juvenile prostitute),
15 11-18.1 (patronizing a juvenile prostitute),
16 11-17.1 (keeping a place of juvenile
17 prostitution),
18 11-19.1 (juvenile pimping),
19 11-19.2 (exploitation of a child),
20 11-25 (grooming),
21 11-26 (traveling to meet a minor or traveling to
22 meet a child),
23 11-1.20 or 12-13 (criminal sexual assault),
24 11-1.30 or 12-14 (aggravated criminal sexual
25 assault),
26 11-1.40 or 12-14.1 (predatory criminal sexual
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1 assault of a child),
2 11-1.50 or 12-15 (criminal sexual abuse),
3 11-1.60 or 12-16 (aggravated criminal sexual
4 abuse),
5 12-33 (ritualized abuse of a child).
6 An attempt to commit any of these offenses.
7 (1.5) A violation of any of the following Sections of
8 the Criminal Code of 1961 or the Criminal Code of 2012,
9 when the victim is a person under 18 years of age, the
10 defendant is not a parent of the victim, the offense was
11 sexually motivated as defined in Section 10 of the Sex
12 Offender Evaluation and Treatment Act, and the offense was
13 committed on or after January 1, 1996:
14 10-1 (kidnapping),
15 10-2 (aggravated kidnapping),
16 10-3 (unlawful restraint),
17 10-3.1 (aggravated unlawful restraint).
18 If the offense was committed before January 1, 1996,
19 it is a sex offense requiring registration only when the
20 person is convicted of any felony after July 1, 2011, and
21 paragraph (2.1) of subsection (c) of Section 3 of this Act
22 applies.
23 (1.6) First degree murder under Section 9-1 of the
24 Criminal Code of 1961 or the Criminal Code of 2012,
25 provided the offense was sexually motivated as defined in
26 Section 10 of the Sex Offender Management Board Act.
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1 (1.7) (Blank).
2 (1.8) A violation or attempted violation of Section
3 11-11 (sexual relations within families) of the Criminal
4 Code of 1961 or the Criminal Code of 2012, and the offense
5 was committed on or after June 1, 1997. If the offense was
6 committed before June 1, 1997, it is a sex offense
7 requiring registration only when the person is convicted
8 of any felony after July 1, 2011, and paragraph (2.1) of
9 subsection (c) of Section 3 of this Act applies.
10 (1.9) Child abduction under paragraph (10) of
11 subsection (b) of Section 10-5 of the Criminal Code of
12 1961 or the Criminal Code of 2012 committed by luring or
13 attempting to lure a child under the age of 16 into a motor
14 vehicle, building, house trailer, or dwelling place
15 without the consent of the parent or lawful custodian of
16 the child for other than a lawful purpose and the offense
17 was committed on or after January 1, 1998, provided the
18 offense was sexually motivated as defined in Section 10 of
19 the Sex Offender Management Board Act. If the offense was
20 committed before January 1, 1998, it is a sex offense
21 requiring registration only when the person is convicted
22 of any felony after July 1, 2011, and paragraph (2.1) of
23 subsection (c) of Section 3 of this Act applies.
24 (1.10) A violation or attempted violation of any of
25 the following Sections of the Criminal Code of 1961 or the
26 Criminal Code of 2012 when the offense was committed on or
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1 after July 1, 1999:
2 10-4 (forcible detention, if the victim is under
3 18 years of age), provided the offense was sexually
4 motivated as defined in Section 10 of the Sex Offender
5 Management Board Act,
6 11-6.5 (indecent solicitation of an adult),
7 11-14.3 that involves soliciting for a prostitute,
8 or 11-15 (soliciting for a prostitute, if the victim
9 is under 18 years of age),
10 subdivision (a)(2)(A) or (a)(2)(B) of Section
11 11-14.3, or Section 11-16 (pandering, if the victim is
12 under 18 years of age),
13 11-18 (patronizing a prostitute, if the victim is
14 under 18 years of age),
15 subdivision (a)(2)(C) of Section 11-14.3, or
16 Section 11-19 (pimping, if the victim is under 18
17 years of age).
18 If the offense was committed before July 1, 1999, it
19 is a sex offense requiring registration only when the
20 person is convicted of any felony after July 1, 2011, and
21 paragraph (2.1) of subsection (c) of Section 3 of this Act
22 applies.
23 (1.11) A violation or attempted violation of any of
24 the following Sections of the Criminal Code of 1961 or the
25 Criminal Code of 2012 when the offense was committed on or
26 after August 22, 2002:
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1 11-9 or 11-30 (public indecency for a third or
2 subsequent conviction).
3 If the third or subsequent conviction was imposed
4 before August 22, 2002, it is a sex offense requiring
5 registration only when the person is convicted of any
6 felony after July 1, 2011, and paragraph (2.1) of
7 subsection (c) of Section 3 of this Act applies.
8 (1.12) A violation or attempted violation of Section
9 5.1 of the Wrongs to Children Act or Section 11-9.1A of the
10 Criminal Code of 1961 or the Criminal Code of 2012
11 (permitting sexual abuse) when the offense was committed
12 on or after August 22, 2002. If the offense was committed
13 before August 22, 2002, it is a sex offense requiring
14 registration only when the person is convicted of any
15 felony after July 1, 2011, and paragraph (2.1) of
16 subsection (c) of Section 3 of this Act applies.
17 (1.13) A third violation of Section 11-9.2-1 (lewd
18 sexual display in a penal institution) of the Criminal
19 Code of 2012, committed on or after the effective date of
20 this amendatory Act of the 103rd General Assembly and
21 before January 1, 2030.
22 (2) A violation of any former law of this State
23 substantially equivalent to any offense listed in
24 subsection (B) of this Section.
25 (C) A conviction for an offense of federal law, Uniform
26 Code of Military Justice, or the law of another state or a
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1 foreign country that is substantially equivalent to any
2 offense listed in subsections (B), (C), (E), and (E-5) of this
3 Section shall constitute a conviction for the purpose of this
4 Article. A finding or adjudication as a sexually dangerous
5 person or a sexually violent person under any federal law,
6 Uniform Code of Military Justice, or the law of another state
7 or foreign country that is substantially equivalent to the
8 Sexually Dangerous Persons Act or the Sexually Violent Persons
9 Commitment Act shall constitute an adjudication for the
10 purposes of this Article.
11 (C-5) A person at least 17 years of age at the time of the
12 commission of the offense who is convicted of first degree
13 murder under Section 9-1 of the Criminal Code of 1961 or the
14 Criminal Code of 2012, against a person under 18 years of age,
15 shall be required to register for natural life. A conviction
16 for an offense of federal, Uniform Code of Military Justice,
17 sister state, or foreign country law that is substantially
18 equivalent to any offense listed in subsection (C-5) of this
19 Section shall constitute a conviction for the purpose of this
20 Article. This subsection (C-5) applies to a person who
21 committed the offense before June 1, 1996 if: (i) the person is
22 incarcerated in an Illinois Department of Corrections facility
23 on August 20, 2004 (the effective date of Public Act 93-977),
24 or (ii) subparagraph (i) does not apply and the person is
25 convicted of any felony after July 1, 2011, and paragraph
26 (2.1) of subsection (c) of Section 3 of this Act applies.
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1 (C-6) A person who is convicted or adjudicated delinquent
2 of first degree murder as defined in Section 9-1 of the
3 Criminal Code of 1961 or the Criminal Code of 2012, against a
4 person 18 years of age or over, shall be required to register
5 for his or her natural life. A conviction for an offense of
6 federal, Uniform Code of Military Justice, sister state, or
7 foreign country law that is substantially equivalent to any
8 offense listed in subsection (C-6) of this Section shall
9 constitute a conviction for the purpose of this Article. This
10 subsection (C-6) does not apply to those individuals released
11 from incarceration more than 10 years prior to January 1, 2012
12 (the effective date of Public Act 97-154).
13 (D) As used in this Article, "law enforcement agency
14 having jurisdiction" means the Chief of Police in each of the
15 municipalities in which the sex offender expects to reside,
16 work, or attend school (1) upon his or her discharge, parole or
17 release or (2) during the service of his or her sentence of
18 probation or conditional discharge, or the Sheriff of the
19 county, in the event no Police Chief exists or if the offender
20 intends to reside, work, or attend school in an unincorporated
21 area. "Law enforcement agency having jurisdiction" includes
22 the location where out-of-state students attend school and
23 where out-of-state employees are employed or are otherwise
24 required to register.
25 (D-1) As used in this Article, "supervising officer" means
26 the assigned Illinois Department of Corrections parole agent
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1 or county probation officer.
2 (E) As used in this Article, "sexual predator" means any
3 person who, after July 1, 1999, is:
4 (1) Convicted for an offense of federal, Uniform Code
5 of Military Justice, sister state, or foreign country law
6 that is substantially equivalent to any offense listed in
7 subsection (E) or (E-5) of this Section shall constitute a
8 conviction for the purpose of this Article. Convicted of a
9 violation or attempted violation of any of the following
10 Sections of the Criminal Code of 1961 or the Criminal Code
11 of 2012:
12 10-5.1 (luring of a minor),
13 11-14.4 that involves keeping a place of juvenile
14 prostitution, or 11-17.1 (keeping a place of juvenile
15 prostitution),
16 subdivision (a)(2) or (a)(3) of Section 11-14.4,
17 or Section 11-19.1 (juvenile pimping),
18 subdivision (a)(4) of Section 11-14.4, or Section
19 11-19.2 (exploitation of a child),
20 11-20.1 (child pornography),
21 11-20.1B or 11-20.3 (aggravated child
22 pornography),
23 11-1.20 or 12-13 (criminal sexual assault),
24 11-1.30 or 12-14 (aggravated criminal sexual
25 assault),
26 11-1.40 or 12-14.1 (predatory criminal sexual
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1 assault of a child),
2 11-1.60 or 12-16 (aggravated criminal sexual
3 abuse),
4 12-33 (ritualized abuse of a child);
5 (2) (blank);
6 (3) declared as a sexually dangerous person pursuant
7 to the Sexually Dangerous Persons Act or any substantially
8 similar federal, Uniform Code of Military Justice, sister
9 state, or foreign country law;
10 (4) found to be a sexually violent person pursuant to
11 the Sexually Violent Persons Commitment Act or any
12 substantially similar federal, Uniform Code of Military
13 Justice, sister state, or foreign country law;
14 (5) convicted of a second or subsequent offense which
15 requires registration pursuant to this Act. For purposes
16 of this paragraph (5), "convicted" shall include a
17 conviction under any substantially similar Illinois,
18 federal, Uniform Code of Military Justice, sister state,
19 or foreign country law;
20 (6) (blank); or
21 (7) if the person was convicted of an offense set
22 forth in this subsection (E) on or before July 1, 1999, the
23 person is a sexual predator for whom registration is
24 required only when the person is convicted of a felony
25 offense after July 1, 2011, and paragraph (2.1) of
26 subsection (c) of Section 3 of this Act applies.
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1 (E-5) As used in this Article, "sexual predator" also
2 means a person convicted of a violation or attempted violation
3 of any of the following Sections of the Criminal Code of 1961
4 or the Criminal Code of 2012:
5 (1) Section 9-1 (first degree murder, when the victim
6 was a person under 18 years of age and the defendant was at
7 least 17 years of age at the time of the commission of the
8 offense, provided the offense was sexually motivated as
9 defined in Section 10 of the Sex Offender Management Board
10 Act);
11 (2) Section 11-9.5 (sexual misconduct with a person
12 with a disability);
13 (3) when the victim is a person under 18 years of age,
14 the defendant is not a parent of the victim, the offense
15 was sexually motivated as defined in Section 10 of the Sex
16 Offender Management Board Act, and the offense was
17 committed on or after January 1, 1996: (A) Section 10-1
18 (kidnapping), (B) Section 10-2 (aggravated kidnapping),
19 (C) Section 10-3 (unlawful restraint), and (D) Section
20 10-3.1 (aggravated unlawful restraint); and
21 (4) Section 10-5(b)(10) (child abduction committed by
22 luring or attempting to lure a child under the age of 16
23 into a motor vehicle, building, house trailer, or dwelling
24 place without the consent of the parent or lawful
25 custodian of the child for other than a lawful purpose and
26 the offense was committed on or after January 1, 1998,
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1 provided the offense was sexually motivated as defined in
2 Section 10 of the Sex Offender Management Board Act).
3 (E-10) As used in this Article, "sexual predator" also
4 means a person required to register in another State due to a
5 conviction, adjudication or other action of any court
6 triggering an obligation to register as a sex offender, sexual
7 predator, or substantially similar status under the laws of
8 that State.
9 (F) As used in this Article, "out-of-state student" means
10 any sex offender, as defined in this Section, or sexual
11 predator who is enrolled in Illinois, on a full-time or
12 part-time basis, in any public or private educational
13 institution, including, but not limited to, any secondary
14 school, trade or professional institution, or institution of
15 higher learning.
16 (G) As used in this Article, "out-of-state employee" means
17 any sex offender, as defined in this Section, or sexual
18 predator who works in Illinois, regardless of whether the
19 individual receives payment for services performed, for a
20 period of time of 10 or more days or for an aggregate period of
21 time of 30 or more days during any calendar year. Persons who
22 operate motor vehicles in the State accrue one day of
23 employment time for any portion of a day spent in Illinois.
24 (H) As used in this Article, "school" means any public or
25 private educational institution, including, but not limited
26 to, any elementary or secondary school, trade or professional
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1 institution, or institution of higher education.
2 (I) As used in this Article, "fixed residence" means any
3 and all places that a sex offender resides for an aggregate
4 period of time of 5 or more days in a calendar year.
5 (J) As used in this Article, "Internet protocol address"
6 means the string of numbers by which a location on the Internet
7 is identified by routers or other computers connected to the
8 Internet.
9 (Source: P.A. 100-428, eff. 1-1-18.)
10 (730 ILCS 150/7) (from Ch. 38, par. 227)
11 Sec. 7. Duration of registration. A person who has been
12 adjudicated to be sexually dangerous and is later released or
13 found to be no longer sexually dangerous and discharged, shall
14 register for the period of his or her natural life. A sexually
15 violent person or sexual predator shall register for the
16 period of his or her natural life after conviction or
17 adjudication if not confined to a penal institution, hospital,
18 or other institution or facility, and if confined, for the
19 period of his or her natural life after parole, discharge, or
20 release from any such facility. A person who becomes subject
21 to registration under paragraph (2.1) of subsection (c) of
22 Section 3 of this Article who has previously been subject to
23 registration under this Article shall register for the period
24 currently required for the offense for which the person was
25 previously registered if not confined to a penal institution,
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1 hospital, or other institution or facility, and if confined,
2 for the same period after parole, discharge, or release from
3 any such facility. Except as otherwise provided in this
4 Section, a person who becomes subject to registration under
5 this Article who has previously been subject to registration
6 under this Article or under the Murderer and Violent Offender
7 Against Youth Registration Act or similar registration
8 requirements of other jurisdictions shall register for the
9 period of his or her natural life if not confined to a penal
10 institution, hospital, or other institution or facility, and
11 if confined, for the period of his or her natural life after
12 parole, discharge, or release from any such facility. A person
13 convicted of a third violation of Section 11-9.2-1 of the
14 Criminal Code of 2012 (lewd sexual display in a penal
15 institution) committed on or after the effective date of this
16 amendatory Act of the 103rd General Assembly and before
17 January 1, 2030, who is required to register under this
18 Article shall be required to register for a period of 10 years
19 after conviction or adjudication if not confined to a penal
20 institution, hospital, or any other institution or facility,
21 and, if confined, for a period of 10 years after parole,
22 discharge, or release from any such facility. Any other person
23 who is required to register under this Article shall be
24 required to register for a period of 10 years after conviction
25 or adjudication if not confined to a penal institution,
26 hospital or any other institution or facility, and if
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1 confined, for a period of 10 years after parole, discharge or
2 release from any such facility. A sex offender who is allowed
3 to leave a county, State, or federal facility for the purposes
4 of work release, education, or overnight visitations shall be
5 required to register within 3 days of beginning such a
6 program. Liability for registration terminates at the
7 expiration of 10 years from the date of conviction or
8 adjudication if not confined to a penal institution, hospital
9 or any other institution or facility and if confined, at the
10 expiration of 10 years from the date of parole, discharge or
11 release from any such facility, providing such person does
12 not, during that period, again become liable to register under
13 the provisions of this Article. Reconfinement due to a
14 violation of parole or other circumstances that relates to the
15 original conviction or adjudication shall extend the period of
16 registration to 10 years after final parole, discharge, or
17 release. Reconfinement due to a violation of parole, a
18 conviction reviving registration, or other circumstances that
19 do not relate to the original conviction or adjudication shall
20 toll the running of the balance of the 10-year period of
21 registration, which shall not commence running until after
22 final parole, discharge, or release. The Director of the
23 Illinois State Police, consistent with administrative rules,
24 shall extend for 10 years the registration period of any sex
25 offender, as defined in Section 2 of this Act, who fails to
26 comply with the provisions of this Article. The registration
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1 period for any sex offender who fails to comply with any
2 provision of the Act shall extend the period of registration
3 by 10 years beginning from the first date of registration
4 after the violation. If the registration period is extended,
5 the Illinois State Police shall send a registered letter to
6 the law enforcement agency where the sex offender resides
7 within 3 days after the extension of the registration period.
8 The sex offender shall report to that law enforcement agency
9 and sign for that letter. One copy of that letter shall be kept
10 on file with the law enforcement agency of the jurisdiction
11 where the sex offender resides and one copy shall be returned
12 to the Illinois State Police.
13 (Source: P.A. 102-538, eff. 8-20-21.)
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