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Illinois Senate Bill SB0286

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB0286 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0286 Introduced 1/24/2025, by Sen. Steve McClure SYNOPSIS AS INTRODUCED: 730 ILCS 150/2 from Ch. 38, par. 222 Amends the Sex Offender Registration Act. Includes in the definition of "sex offense" under the Act, home invasion in which the defendant commits against any person or persons within the dwelling place criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse. LRB104 03886 RLC 13910 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0286 Introduced 1/24/2025, by Sen. Steve McClure SYNOPSIS AS INTRODUCED: 730 ILCS 150/2 from Ch. 38, par. 222 730 ILCS 150/2 from Ch. 38, par. 222 Amends the Sex Offender Registration Act. Includes in the definition of "sex offense" under the Act, home invasion in which the defendant commits against any person or persons within the dwelling place criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse. LRB104 03886 RLC 13910 b LRB104 03886 RLC 13910 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0286 Introduced 1/24/2025, by Sen. Steve McClure SYNOPSIS AS INTRODUCED:
33 730 ILCS 150/2 from Ch. 38, par. 222 730 ILCS 150/2 from Ch. 38, par. 222
44 730 ILCS 150/2 from Ch. 38, par. 222
55 Amends the Sex Offender Registration Act. Includes in the definition of "sex offense" under the Act, home invasion in which the defendant commits against any person or persons within the dwelling place criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse.
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1111 1 AN ACT concerning criminal law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Sex Offender Registration Act is amended by
1515 5 changing Section 2 as follows:
1616 6 (730 ILCS 150/2) (from Ch. 38, par. 222)
1717 7 Sec. 2. Definitions.
1818 8 (A) As used in this Article, "sex offender" means any
1919 9 person who is:
2020 10 (1) charged pursuant to Illinois law, or any
2121 11 substantially similar federal, Uniform Code of Military
2222 12 Justice, sister state, or foreign country law, with a sex
2323 13 offense set forth in subsection (B) of this Section or the
2424 14 attempt to commit an included sex offense, and:
2525 15 (a) is convicted of such offense or an attempt to
2626 16 commit such offense; or
2727 17 (b) is found not guilty by reason of insanity of
2828 18 such offense or an attempt to commit such offense; or
2929 19 (c) is found not guilty by reason of insanity
3030 20 pursuant to Section 104-25(c) of the Code of Criminal
3131 21 Procedure of 1963 of such offense or an attempt to
3232 22 commit such offense; or
3333 23 (d) is the subject of a finding not resulting in an
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0286 Introduced 1/24/2025, by Sen. Steve McClure SYNOPSIS AS INTRODUCED:
3838 730 ILCS 150/2 from Ch. 38, par. 222 730 ILCS 150/2 from Ch. 38, par. 222
3939 730 ILCS 150/2 from Ch. 38, par. 222
4040 Amends the Sex Offender Registration Act. Includes in the definition of "sex offense" under the Act, home invasion in which the defendant commits against any person or persons within the dwelling place criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse.
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6868 1 acquittal at a hearing conducted pursuant to Section
6969 2 104-25(a) of the Code of Criminal Procedure of 1963
7070 3 for the alleged commission or attempted commission of
7171 4 such offense; or
7272 5 (e) is found not guilty by reason of insanity
7373 6 following a hearing conducted pursuant to a federal,
7474 7 Uniform Code of Military Justice, sister state, or
7575 8 foreign country law substantially similar to Section
7676 9 104-25(c) of the Code of Criminal Procedure of 1963 of
7777 10 such offense or of the attempted commission of such
7878 11 offense; or
7979 12 (f) is the subject of a finding not resulting in an
8080 13 acquittal at a hearing conducted pursuant to a
8181 14 federal, Uniform Code of Military Justice, sister
8282 15 state, or foreign country law substantially similar to
8383 16 Section 104-25(a) of the Code of Criminal Procedure of
8484 17 1963 for the alleged violation or attempted commission
8585 18 of such offense; or
8686 19 (2) declared as a sexually dangerous person pursuant
8787 20 to the Illinois Sexually Dangerous Persons Act, or any
8888 21 substantially similar federal, Uniform Code of Military
8989 22 Justice, sister state, or foreign country law; or
9090 23 (3) subject to the provisions of Section 2 of the
9191 24 Interstate Agreements on Sexually Dangerous Persons Act;
9292 25 or
9393 26 (4) found to be a sexually violent person pursuant to
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104104 1 the Sexually Violent Persons Commitment Act or any
105105 2 substantially similar federal, Uniform Code of Military
106106 3 Justice, sister state, or foreign country law; or
107107 4 (5) adjudicated a juvenile delinquent as the result of
108108 5 committing or attempting to commit an act which, if
109109 6 committed by an adult, would constitute any of the
110110 7 offenses specified in item (B), (C), or (C-5) of this
111111 8 Section or a violation of any substantially similar
112112 9 federal, Uniform Code of Military Justice, sister state,
113113 10 or foreign country law, or found guilty under Article V of
114114 11 the Juvenile Court Act of 1987 of committing or attempting
115115 12 to commit an act which, if committed by an adult, would
116116 13 constitute any of the offenses specified in item (B), (C),
117117 14 or (C-5) of this Section or a violation of any
118118 15 substantially similar federal, Uniform Code of Military
119119 16 Justice, sister state, or foreign country law.
120120 17 Convictions that result from or are connected with the
121121 18 same act, or result from offenses committed at the same time,
122122 19 shall be counted for the purpose of this Article as one
123123 20 conviction. Any conviction set aside pursuant to law is not a
124124 21 conviction for purposes of this Article.
125125 22 For purposes of this Section, "convicted" shall have the
126126 23 same meaning as "adjudicated".
127127 24 (B) As used in this Article, "sex offense" means:
128128 25 (1) A violation of any of the following Sections of
129129 26 the Criminal Code of 1961 or the Criminal Code of 2012:
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140140 1 11-20.1 (child pornography),
141141 2 11-20.1B or 11-20.3 (aggravated child
142142 3 pornography),
143143 4 11-6 (indecent solicitation of a child),
144144 5 11-9.1 (sexual exploitation of a child),
145145 6 11-9.2 (custodial sexual misconduct),
146146 7 11-9.5 (sexual misconduct with a person with a
147147 8 disability),
148148 9 11-14.4 (promoting juvenile prostitution),
149149 10 11-15.1 (soliciting for a juvenile prostitute),
150150 11 11-18.1 (patronizing a juvenile prostitute),
151151 12 11-17.1 (keeping a place of juvenile
152152 13 prostitution),
153153 14 11-19.1 (juvenile pimping),
154154 15 11-19.2 (exploitation of a child),
155155 16 11-25 (grooming),
156156 17 11-26 (traveling to meet a minor or traveling to
157157 18 meet a child),
158158 19 11-1.20 or 12-13 (criminal sexual assault),
159159 20 11-1.30 or 12-14 (aggravated criminal sexual
160160 21 assault),
161161 22 11-1.40 or 12-14.1 (predatory criminal sexual
162162 23 assault of a child),
163163 24 11-1.50 or 12-15 (criminal sexual abuse),
164164 25 11-1.60 or 12-16 (aggravated criminal sexual
165165 26 abuse),
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176176 1 12-33 (ritualized abuse of a child).
177177 2 An attempt to commit any of these offenses.
178178 3 (1.5) A violation of any of the following Sections of
179179 4 the Criminal Code of 1961 or the Criminal Code of 2012,
180180 5 when the victim is a person under 18 years of age, the
181181 6 defendant is not a parent of the victim, the offense was
182182 7 sexually motivated as defined in Section 10 of the Sex
183183 8 Offender Evaluation and Treatment Act, and the offense was
184184 9 committed on or after January 1, 1996:
185185 10 10-1 (kidnapping),
186186 11 10-2 (aggravated kidnapping),
187187 12 10-3 (unlawful restraint),
188188 13 10-3.1 (aggravated unlawful restraint).
189189 14 If the offense was committed before January 1, 1996,
190190 15 it is a sex offense requiring registration only when the
191191 16 person is convicted of any felony after July 1, 2011, and
192192 17 paragraph (2.1) of subsection (c) of Section 3 of this Act
193193 18 applies.
194194 19 (1.6) First degree murder under Section 9-1 of the
195195 20 Criminal Code of 1961 or the Criminal Code of 2012,
196196 21 provided the offense was sexually motivated as defined in
197197 22 Section 10 of the Sex Offender Management Board Act.
198198 23 (1.7) (Blank).
199199 24 (1.8) A violation or attempted violation of Section
200200 25 11-11 (sexual relations within families) of the Criminal
201201 26 Code of 1961 or the Criminal Code of 2012, and the offense
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212212 1 was committed on or after June 1, 1997. If the offense was
213213 2 committed before June 1, 1997, it is a sex offense
214214 3 requiring registration only when the person is convicted
215215 4 of any felony after July 1, 2011, and paragraph (2.1) of
216216 5 subsection (c) of Section 3 of this Act applies.
217217 6 (1.9) Child abduction under paragraph (10) of
218218 7 subsection (b) of Section 10-5 of the Criminal Code of
219219 8 1961 or the Criminal Code of 2012 committed by luring or
220220 9 attempting to lure a child under the age of 16 into a motor
221221 10 vehicle, building, house trailer, or dwelling place
222222 11 without the consent of the parent or lawful custodian of
223223 12 the child for other than a lawful purpose and the offense
224224 13 was committed on or after January 1, 1998, provided the
225225 14 offense was sexually motivated as defined in Section 10 of
226226 15 the Sex Offender Management Board Act. If the offense was
227227 16 committed before January 1, 1998, it is a sex offense
228228 17 requiring registration only when the person is convicted
229229 18 of any felony after July 1, 2011, and paragraph (2.1) of
230230 19 subsection (c) of Section 3 of this Act applies.
231231 20 (1.10) A violation or attempted violation of any of
232232 21 the following Sections of the Criminal Code of 1961 or the
233233 22 Criminal Code of 2012 when the offense was committed on or
234234 23 after July 1, 1999:
235235 24 10-4 (forcible detention, if the victim is under
236236 25 18 years of age), provided the offense was sexually
237237 26 motivated as defined in Section 10 of the Sex Offender
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248248 1 Management Board Act,
249249 2 11-6.5 (indecent solicitation of an adult),
250250 3 11-14.3 that involves soliciting for a prostitute,
251251 4 or 11-15 (soliciting for a prostitute, if the victim
252252 5 is under 18 years of age),
253253 6 subdivision (a)(2)(A) or (a)(2)(B) of Section
254254 7 11-14.3, or Section 11-16 (pandering, if the victim is
255255 8 under 18 years of age),
256256 9 11-18 (patronizing a prostitute, if the victim is
257257 10 under 18 years of age),
258258 11 subdivision (a)(2)(C) of Section 11-14.3, or
259259 12 Section 11-19 (pimping, if the victim is under 18
260260 13 years of age).
261261 14 If the offense was committed before July 1, 1999, it
262262 15 is a sex offense requiring registration only when the
263263 16 person is convicted of any felony after July 1, 2011, and
264264 17 paragraph (2.1) of subsection (c) of Section 3 of this Act
265265 18 applies.
266266 19 (1.11) A violation or attempted violation of any of
267267 20 the following Sections of the Criminal Code of 1961 or the
268268 21 Criminal Code of 2012 when the offense was committed on or
269269 22 after August 22, 2002:
270270 23 11-9 or 11-30 (public indecency for a third or
271271 24 subsequent conviction).
272272 25 If the third or subsequent conviction was imposed
273273 26 before August 22, 2002, it is a sex offense requiring
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284284 1 registration only when the person is convicted of any
285285 2 felony after July 1, 2011, and paragraph (2.1) of
286286 3 subsection (c) of Section 3 of this Act applies.
287287 4 (1.12) A violation or attempted violation of Section
288288 5 5.1 of the Wrongs to Children Act or Section 11-9.1A of the
289289 6 Criminal Code of 1961 or the Criminal Code of 2012
290290 7 (permitting sexual abuse) when the offense was committed
291291 8 on or after August 22, 2002. If the offense was committed
292292 9 before August 22, 2002, it is a sex offense requiring
293293 10 registration only when the person is convicted of any
294294 11 felony after July 1, 2011, and paragraph (2.1) of
295295 12 subsection (c) of Section 3 of this Act applies.
296296 13 (1.13) A violation of paragraph (6) of subsection (a)
297297 14 of Section 19-6 of the Criminal Code of 2012 (home
298298 15 invasion in which the defendant commits against any person
299299 16 or persons within the dwelling place criminal sexual
300300 17 assault, aggravated criminal sexual assault, predatory
301301 18 criminal sexual assault of a child, criminal sexual abuse,
302302 19 or aggravated criminal sexual abuse).
303303 20 (2) A violation of any former law of this State
304304 21 substantially equivalent to any offense listed in
305305 22 subsection (B) of this Section.
306306 23 (C) A conviction for an offense of federal law, Uniform
307307 24 Code of Military Justice, or the law of another state or a
308308 25 foreign country that is substantially equivalent to any
309309 26 offense listed in subsections (B), (C), (E), and (E-5) of this
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320320 1 Section shall constitute a conviction for the purpose of this
321321 2 Article. A finding or adjudication as a sexually dangerous
322322 3 person or a sexually violent person under any federal law,
323323 4 Uniform Code of Military Justice, or the law of another state
324324 5 or foreign country that is substantially equivalent to the
325325 6 Sexually Dangerous Persons Act or the Sexually Violent Persons
326326 7 Commitment Act shall constitute an adjudication for the
327327 8 purposes of this Article.
328328 9 (C-5) A person at least 17 years of age at the time of the
329329 10 commission of the offense who is convicted of first degree
330330 11 murder under Section 9-1 of the Criminal Code of 1961 or the
331331 12 Criminal Code of 2012, against a person under 18 years of age,
332332 13 shall be required to register for natural life. A conviction
333333 14 for an offense of federal, Uniform Code of Military Justice,
334334 15 sister state, or foreign country law that is substantially
335335 16 equivalent to any offense listed in subsection (C-5) of this
336336 17 Section shall constitute a conviction for the purpose of this
337337 18 Article. This subsection (C-5) applies to a person who
338338 19 committed the offense before June 1, 1996 if: (i) the person is
339339 20 incarcerated in an Illinois Department of Corrections facility
340340 21 on August 20, 2004 (the effective date of Public Act 93-977),
341341 22 or (ii) subparagraph (i) does not apply and the person is
342342 23 convicted of any felony after July 1, 2011, and paragraph
343343 24 (2.1) of subsection (c) of Section 3 of this Act applies.
344344 25 (C-6) A person who is convicted or adjudicated delinquent
345345 26 of first degree murder as defined in Section 9-1 of the
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356356 1 Criminal Code of 1961 or the Criminal Code of 2012, against a
357357 2 person 18 years of age or over, shall be required to register
358358 3 for his or her natural life. A conviction for an offense of
359359 4 federal, Uniform Code of Military Justice, sister state, or
360360 5 foreign country law that is substantially equivalent to any
361361 6 offense listed in subsection (C-6) of this Section shall
362362 7 constitute a conviction for the purpose of this Article. This
363363 8 subsection (C-6) does not apply to those individuals released
364364 9 from incarceration more than 10 years prior to January 1, 2012
365365 10 (the effective date of Public Act 97-154).
366366 11 (D) As used in this Article, "law enforcement agency
367367 12 having jurisdiction" means the Chief of Police in each of the
368368 13 municipalities in which the sex offender expects to reside,
369369 14 work, or attend school (1) upon his or her discharge, parole or
370370 15 release or (2) during the service of his or her sentence of
371371 16 probation or conditional discharge, or the Sheriff of the
372372 17 county, in the event no Police Chief exists or if the offender
373373 18 intends to reside, work, or attend school in an unincorporated
374374 19 area. "Law enforcement agency having jurisdiction" includes
375375 20 the location where out-of-state students attend school and
376376 21 where out-of-state employees are employed or are otherwise
377377 22 required to register.
378378 23 (D-1) As used in this Article, "supervising officer" means
379379 24 the assigned Illinois Department of Corrections parole agent
380380 25 or county probation officer.
381381 26 (E) As used in this Article, "sexual predator" means any
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392392 1 person who, after July 1, 1999, is:
393393 2 (1) Convicted for an offense of federal, Uniform Code
394394 3 of Military Justice, sister state, or foreign country law
395395 4 that is substantially equivalent to any offense listed in
396396 5 subsection (E) or (E-5) of this Section shall constitute a
397397 6 conviction for the purpose of this Article. Convicted of a
398398 7 violation or attempted violation of any of the following
399399 8 Sections of the Criminal Code of 1961 or the Criminal Code
400400 9 of 2012:
401401 10 10-5.1 (luring of a minor),
402402 11 11-14.4 that involves keeping a place of juvenile
403403 12 prostitution, or 11-17.1 (keeping a place of juvenile
404404 13 prostitution),
405405 14 subdivision (a)(2) or (a)(3) of Section 11-14.4,
406406 15 or Section 11-19.1 (juvenile pimping),
407407 16 subdivision (a)(4) of Section 11-14.4, or Section
408408 17 11-19.2 (exploitation of a child),
409409 18 11-20.1 (child pornography),
410410 19 11-20.1B or 11-20.3 (aggravated child
411411 20 pornography),
412412 21 11-1.20 or 12-13 (criminal sexual assault),
413413 22 11-1.30 or 12-14 (aggravated criminal sexual
414414 23 assault),
415415 24 11-1.40 or 12-14.1 (predatory criminal sexual
416416 25 assault of a child),
417417 26 11-1.60 or 12-16 (aggravated criminal sexual
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428428 1 abuse),
429429 2 12-33 (ritualized abuse of a child);
430430 3 (2) (blank);
431431 4 (3) declared as a sexually dangerous person pursuant
432432 5 to the Sexually Dangerous Persons Act or any substantially
433433 6 similar federal, Uniform Code of Military Justice, sister
434434 7 state, or foreign country law;
435435 8 (4) found to be a sexually violent person pursuant to
436436 9 the Sexually Violent Persons Commitment Act or any
437437 10 substantially similar federal, Uniform Code of Military
438438 11 Justice, sister state, or foreign country law;
439439 12 (5) convicted of a second or subsequent offense which
440440 13 requires registration pursuant to this Act. For purposes
441441 14 of this paragraph (5), "convicted" shall include a
442442 15 conviction under any substantially similar Illinois,
443443 16 federal, Uniform Code of Military Justice, sister state,
444444 17 or foreign country law;
445445 18 (6) (blank); or
446446 19 (7) if the person was convicted of an offense set
447447 20 forth in this subsection (E) on or before July 1, 1999, the
448448 21 person is a sexual predator for whom registration is
449449 22 required only when the person is convicted of a felony
450450 23 offense after July 1, 2011, and paragraph (2.1) of
451451 24 subsection (c) of Section 3 of this Act applies.
452452 25 (E-5) As used in this Article, "sexual predator" also
453453 26 means a person convicted of a violation or attempted violation
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464464 1 of any of the following Sections of the Criminal Code of 1961
465465 2 or the Criminal Code of 2012:
466466 3 (1) Section 9-1 (first degree murder, when the victim
467467 4 was a person under 18 years of age and the defendant was at
468468 5 least 17 years of age at the time of the commission of the
469469 6 offense, provided the offense was sexually motivated as
470470 7 defined in Section 10 of the Sex Offender Management Board
471471 8 Act);
472472 9 (2) Section 11-9.5 (sexual misconduct with a person
473473 10 with a disability);
474474 11 (3) when the victim is a person under 18 years of age,
475475 12 the defendant is not a parent of the victim, the offense
476476 13 was sexually motivated as defined in Section 10 of the Sex
477477 14 Offender Management Board Act, and the offense was
478478 15 committed on or after January 1, 1996: (A) Section 10-1
479479 16 (kidnapping), (B) Section 10-2 (aggravated kidnapping),
480480 17 (C) Section 10-3 (unlawful restraint), and (D) Section
481481 18 10-3.1 (aggravated unlawful restraint); and
482482 19 (4) Section 10-5(b)(10) (child abduction committed by
483483 20 luring or attempting to lure a child under the age of 16
484484 21 into a motor vehicle, building, house trailer, or dwelling
485485 22 place without the consent of the parent or lawful
486486 23 custodian of the child for other than a lawful purpose and
487487 24 the offense was committed on or after January 1, 1998,
488488 25 provided the offense was sexually motivated as defined in
489489 26 Section 10 of the Sex Offender Management Board Act).
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500500 1 (E-10) As used in this Article, "sexual predator" also
501501 2 means a person required to register in another State due to a
502502 3 conviction, adjudication or other action of any court
503503 4 triggering an obligation to register as a sex offender, sexual
504504 5 predator, or substantially similar status under the laws of
505505 6 that State.
506506 7 (F) As used in this Article, "out-of-state student" means
507507 8 any sex offender, as defined in this Section, or sexual
508508 9 predator who is enrolled in Illinois, on a full-time or
509509 10 part-time basis, in any public or private educational
510510 11 institution, including, but not limited to, any secondary
511511 12 school, trade or professional institution, or institution of
512512 13 higher learning.
513513 14 (G) As used in this Article, "out-of-state employee" means
514514 15 any sex offender, as defined in this Section, or sexual
515515 16 predator who works in Illinois, regardless of whether the
516516 17 individual receives payment for services performed, for a
517517 18 period of time of 10 or more days or for an aggregate period of
518518 19 time of 30 or more days during any calendar year. Persons who
519519 20 operate motor vehicles in the State accrue one day of
520520 21 employment time for any portion of a day spent in Illinois.
521521 22 (H) As used in this Article, "school" means any public or
522522 23 private educational institution, including, but not limited
523523 24 to, any elementary or secondary school, trade or professional
524524 25 institution, or institution of higher education.
525525 26 (I) As used in this Article, "fixed residence" means any
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