People v. Bingham

This case presents question as to whether 2011 Amendment to Sex Offender Registration Act, which required defendant to register as sex offender when defendant was convicted of felony theft in 2014 where defendant had previously been convicted in 1983 for attempted criminal sexual assault, is constitutional as applied to defendant. Appellate Court, in rejecting defendant’s claim that said statute was unconstitutional because requirement that he register as sex offender violated his substantive due process rights, found that defendant’s criminal history since 1983 indicated general tendency to recidivate. As such, Appellate Court found that legislature could rationally determine that registration was appropriate because defendant posed potential threat of committing new sex offense in future. Appellate Court also rejected defendant’s claim that 2011 Amendment violated ex post facto clauses of U.S. and Ill. Constitutions since registration requirement is not form of punishment.