Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2381 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 SB2381 Introduced 2/7/2025, by Sen. John F. Curran SYNOPSIS AS INTRODUCED: 730 ILCS 150/2 from Ch. 38, par. 222 Amends the Sex Offender Registration Act. Provides that a registrable sex offense includes the offense of unauthorized video recording and live video transmission, when the victim is a person under 18 years of age, the defendant is not a parent of the victim, the offense was sexually motivated as defined in the Sex Offender Evaluation and Treatment Act, and the offense was committed on or after the effective date of the amendatory Act. LRB104 03039 RLC 13057 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2381 Introduced 2/7/2025, by Sen. John F. Curran 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. Provides that a registrable sex offense includes the offense of unauthorized video recording and live video transmission, when the victim is a person under 18 years of age, the defendant is not a parent of the victim, the offense was sexually motivated as defined in the Sex Offender Evaluation and Treatment Act, and the offense was committed on or after the effective date of the amendatory Act. LRB104 03039 RLC 13057 b LRB104 03039 RLC 13057 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2381 Introduced 2/7/2025, by Sen. John F. Curran 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. Provides that a registrable sex offense includes the offense of unauthorized video recording and live video transmission, when the victim is a person under 18 years of age, the defendant is not a parent of the victim, the offense was sexually motivated as defined in the Sex Offender Evaluation and Treatment Act, and the offense was committed on or after the effective date of the amendatory Act.
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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 SB2381 Introduced 2/7/2025, by Sen. John F. Curran 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. Provides that a registrable sex offense includes the offense of unauthorized video recording and live video transmission, when the victim is a person under 18 years of age, the defendant is not a parent of the victim, the offense was sexually motivated as defined in the Sex Offender Evaluation and Treatment Act, and the offense was committed on or after the effective date of the amendatory Act.
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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 Section 26-4 of the Criminal
297297 14 Code of 2012 (unauthorized video recording and live video
298298 15 transmission), when the victim is a person under 18 years
299299 16 of age, the defendant is not a parent of the victim, the
300300 17 offense was sexually motivated as defined in Section 10 of
301301 18 the Sex Offender Evaluation and Treatment Act, and the
302302 19 offense was committed on or after the effective date of
303303 20 this amendatory Act of the 104th General Assembly.
304304 21 (2) A violation of any former law of this State
305305 22 substantially equivalent to any offense listed in
306306 23 subsection (B) of this Section.
307307 24 (C) A conviction for an offense of federal law, Uniform
308308 25 Code of Military Justice, or the law of another state or a
309309 26 foreign country that is substantially equivalent to any
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320320 1 offense listed in subsections (B), (C), (E), and (E-5) of this
321321 2 Section shall constitute a conviction for the purpose of this
322322 3 Article. A finding or adjudication as a sexually dangerous
323323 4 person or a sexually violent person under any federal law,
324324 5 Uniform Code of Military Justice, or the law of another state
325325 6 or foreign country that is substantially equivalent to the
326326 7 Sexually Dangerous Persons Act or the Sexually Violent Persons
327327 8 Commitment Act shall constitute an adjudication for the
328328 9 purposes of this Article.
329329 10 (C-5) A person at least 17 years of age at the time of the
330330 11 commission of the offense who is convicted of first degree
331331 12 murder under Section 9-1 of the Criminal Code of 1961 or the
332332 13 Criminal Code of 2012, against a person under 18 years of age,
333333 14 shall be required to register for natural life. A conviction
334334 15 for an offense of federal, Uniform Code of Military Justice,
335335 16 sister state, or foreign country law that is substantially
336336 17 equivalent to any offense listed in subsection (C-5) of this
337337 18 Section shall constitute a conviction for the purpose of this
338338 19 Article. This subsection (C-5) applies to a person who
339339 20 committed the offense before June 1, 1996 if: (i) the person is
340340 21 incarcerated in an Illinois Department of Corrections facility
341341 22 on August 20, 2004 (the effective date of Public Act 93-977),
342342 23 or (ii) subparagraph (i) does not apply and the person is
343343 24 convicted of any felony after July 1, 2011, and paragraph
344344 25 (2.1) of subsection (c) of Section 3 of this Act applies.
345345 26 (C-6) A person who is convicted or adjudicated delinquent
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356356 1 of first degree murder as defined in Section 9-1 of the
357357 2 Criminal Code of 1961 or the Criminal Code of 2012, against a
358358 3 person 18 years of age or over, shall be required to register
359359 4 for his or her natural life. A conviction for an offense of
360360 5 federal, Uniform Code of Military Justice, sister state, or
361361 6 foreign country law that is substantially equivalent to any
362362 7 offense listed in subsection (C-6) of this Section shall
363363 8 constitute a conviction for the purpose of this Article. This
364364 9 subsection (C-6) does not apply to those individuals released
365365 10 from incarceration more than 10 years prior to January 1, 2012
366366 11 (the effective date of Public Act 97-154).
367367 12 (D) As used in this Article, "law enforcement agency
368368 13 having jurisdiction" means the Chief of Police in each of the
369369 14 municipalities in which the sex offender expects to reside,
370370 15 work, or attend school (1) upon his or her discharge, parole or
371371 16 release or (2) during the service of his or her sentence of
372372 17 probation or conditional discharge, or the Sheriff of the
373373 18 county, in the event no Police Chief exists or if the offender
374374 19 intends to reside, work, or attend school in an unincorporated
375375 20 area. "Law enforcement agency having jurisdiction" includes
376376 21 the location where out-of-state students attend school and
377377 22 where out-of-state employees are employed or are otherwise
378378 23 required to register.
379379 24 (D-1) As used in this Article, "supervising officer" means
380380 25 the assigned Illinois Department of Corrections parole agent
381381 26 or county probation officer.
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392392 1 (E) As used in this Article, "sexual predator" means any
393393 2 person who, after July 1, 1999, is:
394394 3 (1) Convicted for an offense of federal, Uniform Code
395395 4 of Military Justice, sister state, or foreign country law
396396 5 that is substantially equivalent to any offense listed in
397397 6 subsection (E) or (E-5) of this Section shall constitute a
398398 7 conviction for the purpose of this Article. Convicted of a
399399 8 violation or attempted violation of any of the following
400400 9 Sections of the Criminal Code of 1961 or the Criminal Code
401401 10 of 2012:
402402 11 10-5.1 (luring of a minor),
403403 12 11-14.4 that involves keeping a place of juvenile
404404 13 prostitution, or 11-17.1 (keeping a place of juvenile
405405 14 prostitution),
406406 15 subdivision (a)(2) or (a)(3) of Section 11-14.4,
407407 16 or Section 11-19.1 (juvenile pimping),
408408 17 subdivision (a)(4) of Section 11-14.4, or Section
409409 18 11-19.2 (exploitation of a child),
410410 19 11-20.1 (child pornography),
411411 20 11-20.1B or 11-20.3 (aggravated child
412412 21 pornography),
413413 22 11-1.20 or 12-13 (criminal sexual assault),
414414 23 11-1.30 or 12-14 (aggravated criminal sexual
415415 24 assault),
416416 25 11-1.40 or 12-14.1 (predatory criminal sexual
417417 26 assault of a child),
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428428 1 11-1.60 or 12-16 (aggravated criminal sexual
429429 2 abuse),
430430 3 12-33 (ritualized abuse of a child);
431431 4 (2) (blank);
432432 5 (3) declared as a sexually dangerous person pursuant
433433 6 to the Sexually Dangerous Persons Act or any substantially
434434 7 similar federal, Uniform Code of Military Justice, sister
435435 8 state, or foreign country law;
436436 9 (4) found to be a sexually violent person pursuant to
437437 10 the Sexually Violent Persons Commitment Act or any
438438 11 substantially similar federal, Uniform Code of Military
439439 12 Justice, sister state, or foreign country law;
440440 13 (5) convicted of a second or subsequent offense which
441441 14 requires registration pursuant to this Act. For purposes
442442 15 of this paragraph (5), "convicted" shall include a
443443 16 conviction under any substantially similar Illinois,
444444 17 federal, Uniform Code of Military Justice, sister state,
445445 18 or foreign country law;
446446 19 (6) (blank); or
447447 20 (7) if the person was convicted of an offense set
448448 21 forth in this subsection (E) on or before July 1, 1999, the
449449 22 person is a sexual predator for whom registration is
450450 23 required only when the person is convicted of a felony
451451 24 offense after July 1, 2011, and paragraph (2.1) of
452452 25 subsection (c) of Section 3 of this Act applies.
453453 26 (E-5) As used in this Article, "sexual predator" also
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464464 1 means a person convicted of a violation or attempted violation
465465 2 of any of the following Sections of the Criminal Code of 1961
466466 3 or the Criminal Code of 2012:
467467 4 (1) Section 9-1 (first degree murder, when the victim
468468 5 was a person under 18 years of age and the defendant was at
469469 6 least 17 years of age at the time of the commission of the
470470 7 offense, provided the offense was sexually motivated as
471471 8 defined in Section 10 of the Sex Offender Management Board
472472 9 Act);
473473 10 (2) Section 11-9.5 (sexual misconduct with a person
474474 11 with a disability);
475475 12 (3) when the victim is a person under 18 years of age,
476476 13 the defendant is not a parent of the victim, the offense
477477 14 was sexually motivated as defined in Section 10 of the Sex
478478 15 Offender Management Board Act, and the offense was
479479 16 committed on or after January 1, 1996: (A) Section 10-1
480480 17 (kidnapping), (B) Section 10-2 (aggravated kidnapping),
481481 18 (C) Section 10-3 (unlawful restraint), and (D) Section
482482 19 10-3.1 (aggravated unlawful restraint); and
483483 20 (4) Section 10-5(b)(10) (child abduction committed by
484484 21 luring or attempting to lure a child under the age of 16
485485 22 into a motor vehicle, building, house trailer, or dwelling
486486 23 place without the consent of the parent or lawful
487487 24 custodian of the child for other than a lawful purpose and
488488 25 the offense was committed on or after January 1, 1998,
489489 26 provided the offense was sexually motivated as defined in
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500500 1 Section 10 of the Sex Offender Management Board Act).
501501 2 (E-10) As used in this Article, "sexual predator" also
502502 3 means a person required to register in another State due to a
503503 4 conviction, adjudication or other action of any court
504504 5 triggering an obligation to register as a sex offender, sexual
505505 6 predator, or substantially similar status under the laws of
506506 7 that State.
507507 8 (F) As used in this Article, "out-of-state student" means
508508 9 any sex offender, as defined in this Section, or sexual
509509 10 predator who is enrolled in Illinois, on a full-time or
510510 11 part-time basis, in any public or private educational
511511 12 institution, including, but not limited to, any secondary
512512 13 school, trade or professional institution, or institution of
513513 14 higher learning.
514514 15 (G) As used in this Article, "out-of-state employee" means
515515 16 any sex offender, as defined in this Section, or sexual
516516 17 predator who works in Illinois, regardless of whether the
517517 18 individual receives payment for services performed, for a
518518 19 period of time of 10 or more days or for an aggregate period of
519519 20 time of 30 or more days during any calendar year. Persons who
520520 21 operate motor vehicles in the State accrue one day of
521521 22 employment time for any portion of a day spent in Illinois.
522522 23 (H) As used in this Article, "school" means any public or
523523 24 private educational institution, including, but not limited
524524 25 to, any elementary or secondary school, trade or professional
525525 26 institution, or institution of higher education.
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