Publications

Articles on Sex Offenders

Department of Corrections to evaluate and treat sex offenders PA 094-0706

May
2006
Illinois Law Update
Page 230
Section 19 of the Sex Offender Management Board Act, 20 ILCS 4026/19

Mental disorder defined regarding acts of sexual violence PA 094-705

March
2006
Illinois Law Update
Page 118
Effective June 1, 2006, the Illinois General Assembly has added section 4.03 to the Sexually Dangerous Persons Act, 750 ILCS 205/4.03, in order to recognize those with mental disorders.

IMDMA requires notice of remarriage to sex offender PA 094-0643

November
2005
Illinois Law Update
Page 564
Beginning on January 1, 2006, Illinois law requires the consideration of an additional factor when determining custody in "the best interest of the child."

State may rely solely on pictures as evidence depicting child pornography

August
2005
Illinois Law Update
Page 390
On June 3, 2005, the Illinois Supreme Court affirmed the decisions of the Illinois Appellate Court, Second District, and the Circuit Court of Ogle County, sentencing the defendant to two years of probation on several counts of possession of child pornography. 

Reporting requirements increased for sex offenders - PA 093-0885

June
2005
Illinois Law Update
Page 280
Notice must now be given if there is an escape, death, or court-ordered change in the custody status of a detainee or a civilly committed sexually violent person.

Additions made to activities child sex offenders may not engage in PA 093-0905

March
2005
Illinois Law Update
Page 116
Effective January 1, 2005, it is unlawful for a child sex offender to knowingly conduct or operate any type of business in which he or she photographs, videotapes, or takes a digital image of a child. 

Internet dissemination of sex offender information does not violate the right to privacy

March
2005
Illinois Law Update
Page 116
On December 2, 2004, the Illinois Supreme Court reversed the circuit court's dismissal of the defendant's charge.

Under the Sexually Violent Persons Commitment Act, a trial court lacks authority to transfera committed individual from one treatment facility to another

March
2005
Illinois Law Update
Page 116
On December 23, 2004, the Illinois Appellate Court, Third District, affirmed the Circuit Court of LaSalle County's decision denying the defendant's motion for conditional release from a Department of Human Services (DHS) treatment facility and the defendant's motion challenging the constitutionality of the Sexually Violent Persons Commitment Act (SVPCA).

Evaluation and Treatment Required for Sex Offenders P.A. 093-0616

April
2004
Illinois Law Update
Page 176
The Sex Offender Management Board Act has been amended to include among the list of sex offenses any felony that is "sexually motivated."

Fourth District split on the question of whether psychological evidence based on actuarial tests is admissible in proceedings under the Sexually Violent Criminal Persons Commitment Act without a Frye hearing to determine the validity of such actuarial tes

February
2004
Illinois Law Update
Page 70
On November 13, 2003, the Appellate Court of Illinois, Fourth District, reversed the judgment of the Circuit Court of Champaign County declaring defendant a sexually violent person under the Sexually Violent Criminal Persons Commitment Act, 725 ILCS 207/1, et seq.

Fourth District split on the question of whether psychological evidence based on actuarial tests is admissible in proceedings under the Sexually Violent Criminal Persons Commitment Act without a Frye hearing to determine the validity of such actuarial tes

February
2004
Illinois Law Update
Page 70
On the same day, November 13, 2003, another panel of the Appellate Court of Illinois, Fourth District, decided a similar case in the opposite, affirming the judgment of the Circuit Court of Sangamon County declaring defendant a sexually violent person under the Sexually Violent Criminal Persons Commitment Act, 725 ILCS 207/1, et seq. 

Section 11-20.1(f) of Illinois child pornography statute, including virtual children within the definition of “child,” unconstitutionally overbroad; sexually explicit computer depictions of actual children still validly prohibited under statute

August
2003
Illinois Law Update
Page 384
On May 22, 2003, the Illinois Supreme Court held that section 11-20.1(f) of the Illinois child pornography statute, 720 ILCS 5/11.20.1(f) (2001).

No statute of limitations on certain sex offenses P.A 92-0752

June
2003
Illinois Law Update
Page 280
In accordance with Illinois' recent creation of a DNA database, the legislature amended the list of crimes for which no statute of limitations applies to include any offense involving sexual conduct.

Legislation permits sexual assault nurse examiners to perform examinations of sexual assault victims P.A. 92-514

March
2002
Illinois Law Update
Page 120
Legislation signed by Gov. Ryan in January amends the Sexual Assault Survivors Emergency Treatment Act to authorize sexual assault nurse examiners to perform examinations of sexual assault victims using a State Police Evidence Collection Kit (SPECK).

Sex Offender Registration Act does not require juvenile offenders to register

March
2002
Illinois Law Update
Page 120
On December 21, 2001, the Appellate Court of Illinois, Second District, reversed the trial court's decision requiring a juvenile to register as a sex offender.

Will prosecutors pass on the Sexually Dangerous Persons Act?

By Helen W. Gunnarsson
January
2002
LawPulse
Page 10
Because of a recent Illinois Supreme Court decision, more state's attorneys will pass up the Sexually Dangerous Persons Act in favor of criminal prosecution, a downstate prosecutor opines.

Legislation enacts changes regarding sexually violent persons P.A. 92-415

December
2001
Illinois Law Update
Page 624
In August, Gov. Ryan approved House Bill 2088, which makes a number of changes to the Sexually Violent Persons Commitment Act (Act) and related laws.

Certain sex offenders prohibited from living near schools; P.A. 91-911

October
2000
Illinois Law Update
Page 563
Although no sex offender will be forced to move from his or her home, certain offenders will no longer be allowed to reside near certain protected areas under a new Illinois law signed by Gov. George H. Ryan.

Sex offender registration

October
2000
Illinois Law Update
Page 563
On June 19, 2000, the Illinois Department of State Police (department) adopted amendments and a new section to section 1280 of the Illinois Administrative Code. 20 Ill Adm Code 1280.

Sexual assault evidence may be released by health officials in new circumstances; P.A. 91-888

October
2000
Illinois Law Update
Page 563
Under a new Illinois law, sexual assault evidence collection kits may be released in an increased number of situations to facilitate prosecutions of alleged offenders.

Sexually Violent Persons Commitment Act amended; P.A. 91-875

October
2000
Illinois Law Update
Page 563
The number of persons considered "sexually violent" may increase as a result of recent changes to the Sexually Violent Persons Commitment Act.

Statute of limitations bars claim filed 22 years after alleged sexual abuse

October
2000
Illinois Law Update
Page 563
On August 10, 2000, the Illinois Supreme Court held that the statute of limitations for a claim brought by a former parishioner against a parish priest began to run when the parishioner reached age of majority, and that the parishioner was not under a legal disability sufficient to toll the statute of limitations.

S.A.N.E. Program

April
2000
Illinois Law Update
Page 196
On January 7, 2000, the Illinois Criminal Justice Information Authority ("Authority") adopted emergency amendments to the Illinois Administrative Code. 20 Ill Adm Code 1560.

Definition of “child” expanded with regard to child pornography law; P.A. 91-229

November
1999
Illinois Law Update
Page 575
Public Act 91-229 expands the definition of ``child'' with regard to the offense of child pornography to include any material that conveys the impression that the [material] is of a person under the age of 18.

Illinois links the Internet to existing sex offense statutes

November
1999
Illinois Law Update
Page 575
Governor George Ryan recently signed four pieces of legislation that amend existing sex offense statutes to more forcefully combat an increased number of Internet-related sex offenses.

Nonconsensual disclosure of identifying information on a pornographic Internet site is a felony; P.A. 91-222

November
1999
Illinois Law Update
Page 575
Governor George Ryan recently signed four pieces of legislation that amend existing sex offense statutes to more forcefully combat an increased number of Internet-related sex offenses.

Statewide grand jury permitted for certain computer facilitated sex offenses ; P.A. 91-225

November
1999
Illinois Law Update
Page 575
Public Act 91-225 permits the creation of a ``multicounty Statewide Grand Jury'' to ``investigate, indict, and prosecute'' certain sex offenses when they are facilitated by the use of a computer.

Statute of limitations for certain sexual offenses extended; P.A. 91-475

October
1999
Illinois Law Update
Page 521
Public Act 91-475 extends the statute of limitations for certain sexual offenses by as much as nine years.

Registration Requirements of the Sex Offender Registration Act Upheld

September
1999
Illinois Law Update
Page 460
On July 22, 1999, the Second District of the Illinois Appellate Court affirmed a lower court holding that the Sex Offender Registration Act, 730 ILCS 150/1 et seq.

Administrative Implementation of Sexually Violent Persons Commitment Act

June
1999
Illinois Law Update
Page 304
On March 23, 1999 the Illinois Department of Human Services adopted a new section to the Illinois Administrative Code. 59 Ill Adm Code 299.

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