People v. Brock

Illinois Appellate Court
Criminal Court
Illinois Sex Offender Registration Act
Citation
Case Number: 
2015 IL App (1st) 133404
Decision Date: 
Monday, November 23, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Reversed in part, affirmed in part, vacated in part, and remanded for resentencing.
Justice: 
CUNNINGHAM
Defendant was convicted, after bench trial, of failure to report in person within 90 days of his last date of registry and failure to report his change of address within 3 days as a registered sex offender. Sex Offender Registration Act imposes a separate and additional duty on those sex offenders specifically adjudicated "dangerous" or violent", and legislature intended to distinguish a duty to report that does not simply duplicate the registration requirement. Registration requires the creation of a signed writing. Section 6 does not mention a registration requirement, and thus a defendant may satisfy his duty simply by reporting. Conviction for failure to report address change within 3 days is affirmed.Defendant's prior conviction for aggravated criminal sexual assault was improperly used as both an element of the offense and as a basis for imposing a mandatory Class X sentence, thus resulting in improper double enhancement. (LIU and HARRIS, concurring.)