NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). 2022 IL App (3d) 180602-U Order filed November 17, 2022 ____________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT 2022 STEVEN ALAN CREIGHTON, ) Appeal from the Circuit Court ) of the 10th Judicial Circuit, Petitioner-Appellee, ) Peoria County, Illinois. ) v. ) ) THE PEOPLE OF THE STATE OF ILLINOIS; ) THE ILLINOIS STATE POLICE; and THE ) OFFICE OF THE ILLINOIS ATTORNEY ) Appeal No. 3-18-0602 GENERAL, ) Circuit No. 18-MR-162 ) Respondents ) ) (The Illinois State Police and The Office of the ) Illinois Attorney General, ) The Honorable ) Katherine S. Gorman, Respondents-Appellants). ) Judge, presiding. ____________________________________________________________________________ JUSTICE DAUGHERITY delivered the judgment of the court. Justices Hauptman and Hettel concurred in the judgment. ____________________________________________________________________________ ORDER ¶1 Held: The circuit court’s order finding that the registration requirement under the Illinois Sex Offender Registration Act (730 ILCS 150/1 et. seq. (West 2018)) was unconstitutional as applied to the petitioner was insufficient to comply with the procedural requirements of Illinois Supreme Court Rule 18 (eff. Sept. 1, 2006) for such a finding. ¶2 Petitioner, Steven Alan Creighton, filed a petition for the removal of his name from the Illinois Sex Offender Registry. The circuit court granted the petition, finding the mandate for Creighton to register as a sexual predator in Illinois under the Illinois Sex Offender Registration Act (SORA) (730 ILCS 150/1 et seq. (West 2018)) was unconstitutional as applied to Creighton. The State appealed, arguing this court should vacate the circuit court’s order because: (1) the circuit court’s order failed to comply with Illinois Supreme Court Rule 18 (eff. Sept. 1, 2006); and (b) the circuit court failed to conduct an evidentiary hearing and make factual findings in relation to Creighton’s as-applied constitutional challenge. We vacate the circuit court’s orders at issue and remand for further proceedings. ¶3 I. BACKGROUND ¶4 On September 21, 2000, in the State of Louisiana, Creighton pled no contest to the charge of “indecent behavior with a juvenile,” with the victim purportedly being his minor daughter. Creighton was sentenced to five years of unsupervised probation and a five-year suspended sentence. A few weeks later, after moving to Illinois, Creighton registered with the Illinois State Police (ISP) in conformity with the Illinois Sex Offender Registration Act (SORA) (730 ILCS 150/1 et seq. (West 2000)). ¶5 On April 3, 2018, Creighton filed a “Petition for Removal of Sexual Predator Designation” and filed an amended petition the same day, naming the State of Illinois as the respondent. In the amended petition, Creighton alleged that: he was born on February 7, 1953; he was registered as a “sexual predator” in Illinois due to his conviction in Louisiana on September 21, 2000, for “Indecent Behavior with a Juvenile”; on or about October 30, 2000, he established residency in Illinois and registered on the Illinois sex offender registry as required pursuant to SORA (730 ILCS …
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