Rep. Robin Kelly
Filed: 4/8/2005
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 3801 




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    AMENDMENT NO. ______. Amend House Bill 3801, AS AMENDED, 
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with reference to page and line numbers of House Amendment No. 
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1, on page 1, by replacing lines 6 through 8 with the 
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following:

 
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    "Section 5. Definitions. In this Act:
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    "Sex offender" means any person:
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        (1) who is charged pursuant to Illinois law, or any 
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    substantially similar federal, Uniform Code of Military 
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    Justice, sister state, or foreign country law, with any of 
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    the following sex offenses set forth in the Criminal Code 
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    of 1961:
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            (A) indecent solicitation of a child;

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            (B) sexual exploitation of a child;

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            (C) custodial sexual misconduct;

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            (D) prostitution;

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            (E) soliciting for a juvenile prostitute;

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            (F) keeping a place of prostitution;

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            (G) keeping a place of juvenile prostitution;
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            (H) patronizing a juvenile prostitute;

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            (I) pimping;
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            (J)
juvenile pimping;
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            (K) aggravated juvenile pimping;

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            (L) exploitation of a child;
or
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            (M) child pornography;

 


 






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    and who is:
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            (A) convicted of such offense or an attempt to 
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        commit such offense; 
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            (B) found not guilty by reason of insanity of such 
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        offense or an attempt to commit such offense; 
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            (C) found not guilty by reason of insanity pursuant 
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        to subsection (c) of Section 104-25 of the Code of 
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        Criminal Procedure of 1963 of such offense or an 
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        attempt to commit such offense;
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            (D) the subject of a finding not resulting in an 
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        acquittal at a hearing conducted pursuant to 
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        subsection (a) of Section 104-25 of the Code of 
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        Criminal Procedure of 1963 for the alleged commission 
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        or attempted commission of such offense;
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            (E) found not guilty by reason of insanity 
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        following a hearing conducted pursuant to a federal, 
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        Uniform Code of Military Justice, sister state, or 
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        foreign country law substantially similar to 
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        subsection (c) of Section 104-25 of the Code of 
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        Criminal Procedure of 1963 of such offense or of the 
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        attempted commission of such offense; or
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            (F) the subject of a finding not resulting in an 
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        acquittal at a hearing conducted pursuant to a federal, 
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        Uniform Code of Military Justice, sister state, or 
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        foreign country law substantially similar to 
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        subsection (a) of Section 104-25 of the Code of 
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        Criminal Procedure of 1963 for the alleged violation or 
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        attempted commission of such offense;
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        (2) who is certified as a sexually dangerous person 
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    pursuant to the Sexually Dangerous Persons Act or any 
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    substantially similar federal, Uniform Code of Military 
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    Justice, sister state, or foreign country law;
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        (3) who is subject to the provisions of Section 2 of 
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    the Interstate Agreements on Sexually Dangerous Persons 
 


 






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    Act;
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        (4) who is found to be a sexually violent person 
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    pursuant to the Sexually Violent Persons Commitment Act or 
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    any substantially similar federal, Uniform Code of 
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    Military Justice, sister state, or foreign country law; or
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        (5) who is adjudicated a juvenile delinquent as the 
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    result of committing or attempting to commit an act that, 
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    if committed by an adult, would constitute any of the sex 
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    offenses set forth in subdivision (1) of this Section  or a 
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    violation of any substantially similar federal, Uniform 
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    Code of Military Justice, sister state, or foreign country 
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    law or found guilty under Article V of the Juvenile Court 
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    Act of 1987 of committing or attempting to commit an act 
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    that, if committed by an adult, would constitute any of the 
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    offenses set forth in subdivision (1) of this Section or a 
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    violation of any substantially similar federal, Uniform 
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    Code of Military Justice, sister state, or foreign country 
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    law.
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    Any conviction set aside pursuant to law is not a 
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conviction for purposes of this definition.
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    "Violent felony" means

any of the following offenses, as 
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defined by the Criminal Code of 1961:
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        (1) First degree murder.
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        (2) Second degree murder.
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        (3) Aggravated arson.
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        (4) Aggravated kidnapping.
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        (5) Aggravated battery resulting in great bodily harm 
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    or permanent disability or disfigurement.".