Bill Text: IL HB0816 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Sex Offender Registration Act. Provides for registration under the Act of a person convicted of a battery when the court: (1) finds that the battery was sexually motivated as defined in the Sex Offender Management Board Act; and (2) in its discretion requires the person to register under the Act.

Spectrum: Bipartisan Bill

Status: (Introduced) 2017-12-07 - Added Co-Sponsor Rep. Jonathan Carroll [HB0816 Detail]

Download: Illinois-2017-HB0816-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0816

Introduced , by Rep. Natalie A. Manley

SYNOPSIS AS INTRODUCED:
730 ILCS 150/3

Amends the Sex Offender Registration Act. Provides for registration under the Act of a person convicted of a battery when the court: (1) finds that the battery was sexually motivated as defined in the Sex Offender Management Board Act; and (2) in its discretion requires the person to register under the Act.
LRB100 05827 RLC 15850 b
FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB0816LRB100 05827 RLC 15850 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Sex Offender Registration Act is amended by
5changing Section 3 as follows:
6 (730 ILCS 150/3)
7 Sec. 3. Duty to register.
8 (a) A sex offender, as defined in Section 2 of this Act, or
9sexual predator, as defined in Section 2 of this Act, or a
10person convicted of a battery when the court: (1) finds that
11the battery was sexually motivated as defined in Section 10 of
12the Sex Offender Management Board Act; and (2) in its
13discretion requires the person to register under this Act,
14shall, within the time period prescribed in subsections (b) and
15(c), register in person and provide accurate information as
16required by the Department of State Police. Such information
17shall include a current photograph, current address, current
18place of employment, the sex offender's or sexual predator's
19telephone number, including cellular telephone number, the
20employer's telephone number, school attended, all e-mail
21addresses, instant messaging identities, chat room identities,
22and other Internet communications identities that the sex
23offender uses or plans to use, all Uniform Resource Locators

HB0816- 2 -LRB100 05827 RLC 15850 b
1(URLs) registered or used by the sex offender, all blogs and
2other Internet sites maintained by the sex offender or to which
3the sex offender has uploaded any content or posted any
4messages or information, extensions of the time period for
5registering as provided in this Article and, if an extension
6was granted, the reason why the extension was granted and the
7date the sex offender was notified of the extension. The
8information shall also include a copy of the terms and
9conditions of parole or release signed by the sex offender and
10given to the sex offender by his or her supervising officer or
11aftercare specialist, the county of conviction, license plate
12numbers for every vehicle registered in the name of the sex
13offender, the age of the sex offender at the time of the
14commission of the offense, the age of the victim at the time of
15the commission of the offense, and any distinguishing marks
16located on the body of the sex offender. A sex offender
17convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
1811-21 of the Criminal Code of 1961 or the Criminal Code of 2012
19shall provide all Internet protocol (IP) addresses in his or
20her residence, registered in his or her name, accessible at his
21or her place of employment, or otherwise under his or her
22control or custody. If the sex offender is a child sex offender
23as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
241961 or the Criminal Code of 2012, the sex offender shall
25report to the registering agency whether he or she is living in
26a household with a child under 18 years of age who is not his or

HB0816- 3 -LRB100 05827 RLC 15850 b
1her own child, provided that his or her own child is not the
2victim of the sex offense. The sex offender or sexual predator
3shall register:
4 (1) with the chief of police in the municipality in
5 which he or she resides or is temporarily domiciled for a
6 period of time of 3 or more days, unless the municipality
7 is the City of Chicago, in which case he or she shall
8 register at a fixed location designated by the
9 Superintendent of the Chicago Police Department; or
10 (2) with the sheriff in the county in which he or she
11 resides or is temporarily domiciled for a period of time of
12 3 or more days in an unincorporated area or, if
13 incorporated, no police chief exists.
14 If the sex offender or sexual predator is employed at or
15attends an institution of higher education, he or she shall
16also register:
17 (i) with:
18 (A) the chief of police in the municipality in
19 which he or she is employed at or attends an
20 institution of higher education, unless the
21 municipality is the City of Chicago, in which case he
22 or she shall register at a fixed location designated by
23 the Superintendent of the Chicago Police Department;
24 or
25 (B) the sheriff in the county in which he or she is
26 employed or attends an institution of higher education

HB0816- 4 -LRB100 05827 RLC 15850 b
1 located in an unincorporated area, or if incorporated,
2 no police chief exists; and
3 (ii) with the public safety or security director of the
4 institution of higher education which he or she is employed
5 at or attends.
6 The registration fees shall only apply to the municipality
7or county of primary registration, and not to campus
8registration.
9 For purposes of this Article, the place of residence or
10temporary domicile is defined as any and all places where the
11sex offender resides for an aggregate period of time of 3 or
12more days during any calendar year. Any person required to
13register under this Article who lacks a fixed address or
14temporary domicile must notify, in person, the agency of
15jurisdiction of his or her last known address within 3 days
16after ceasing to have a fixed residence.
17 A sex offender or sexual predator who is temporarily absent
18from his or her current address of registration for 3 or more
19days shall notify the law enforcement agency having
20jurisdiction of his or her current registration, including the
21itinerary for travel, in the manner provided in Section 6 of
22this Act for notification to the law enforcement agency having
23jurisdiction of change of address.
24 Any person who lacks a fixed residence must report weekly,
25in person, with the sheriff's office of the county in which he
26or she is located in an unincorporated area, or with the chief

HB0816- 5 -LRB100 05827 RLC 15850 b
1of police in the municipality in which he or she is located.
2The agency of jurisdiction will document each weekly
3registration to include all the locations where the person has
4stayed during the past 7 days.
5 The sex offender or sexual predator shall provide accurate
6information as required by the Department of State Police. That
7information shall include the sex offender's or sexual
8predator's current place of employment.
9 (a-5) An out-of-state student or out-of-state employee
10shall, within 3 days after beginning school or employment in
11this State, register in person and provide accurate information
12as required by the Department of State Police. Such information
13will include current place of employment, school attended, and
14address in state of residence. A sex offender convicted under
15Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the
16Criminal Code of 1961 or the Criminal Code of 2012 shall
17provide all Internet protocol (IP) addresses in his or her
18residence, registered in his or her name, accessible at his or
19her place of employment, or otherwise under his or her control
20or custody. The out-of-state student or out-of-state employee
21shall register:
22 (1) with:
23 (A) the chief of police in the municipality in
24 which he or she attends school or is employed for a
25 period of time of 5 or more days or for an aggregate
26 period of time of more than 30 days during any calendar

HB0816- 6 -LRB100 05827 RLC 15850 b
1 year, unless the municipality is the City of Chicago,
2 in which case he or she shall register at a fixed
3 location designated by the Superintendent of the
4 Chicago Police Department; or
5 (B) the sheriff in the county in which he or she
6 attends school or is employed for a period of time of 5
7 or more days or for an aggregate period of time of more
8 than 30 days during any calendar year in an
9 unincorporated area or, if incorporated, no police
10 chief exists; and
11 (2) with the public safety or security director of the
12 institution of higher education he or she is employed at or
13 attends for a period of time of 5 or more days or for an
14 aggregate period of time of more than 30 days during a
15 calendar year.
16 The registration fees shall only apply to the municipality
17or county of primary registration, and not to campus
18registration.
19 The out-of-state student or out-of-state employee shall
20provide accurate information as required by the Department of
21State Police. That information shall include the out-of-state
22student's current place of school attendance or the
23out-of-state employee's current place of employment.
24 (a-10) Any law enforcement agency registering sex
25offenders or sexual predators in accordance with subsections
26(a) or (a-5) of this Section shall forward to the Attorney

HB0816- 7 -LRB100 05827 RLC 15850 b
1General a copy of sex offender registration forms from persons
2convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
311-21 of the Criminal Code of 1961 or the Criminal Code of
42012, including periodic and annual registrations under
5Section 6 of this Act.
6 (b) Any sex offender, as defined in Section 2 of this Act,
7or sexual predator, regardless of any initial, prior, or other
8registration, shall, within 3 days of beginning school, or
9establishing a residence, place of employment, or temporary
10domicile in any county, register in person as set forth in
11subsection (a) or (a-5).
12 (c) The registration for any person required to register
13under this Article shall be as follows:
14 (1) Any person registered under the Habitual Child Sex
15 Offender Registration Act or the Child Sex Offender
16 Registration Act prior to January 1, 1996, shall be deemed
17 initially registered as of January 1, 1996; however, this
18 shall not be construed to extend the duration of
19 registration set forth in Section 7.
20 (2) Except as provided in subsection (c)(2.1) or
21 (c)(4), any person convicted or adjudicated prior to
22 January 1, 1996, whose liability for registration under
23 Section 7 has not expired, shall register in person prior
24 to January 31, 1996.
25 (2.1) A sex offender or sexual predator, who has never
26 previously been required to register under this Act, has a

HB0816- 8 -LRB100 05827 RLC 15850 b
1 duty to register if the person has been convicted of any
2 felony offense after July 1, 2011. A person who previously
3 was required to register under this Act for a period of 10
4 years and successfully completed that registration period
5 has a duty to register if: (i) the person has been
6 convicted of any felony offense after July 1, 2011, and
7 (ii) the offense for which the 10 year registration was
8 served currently requires a registration period of more
9 than 10 years. Notification of an offender's duty to
10 register under this subsection shall be pursuant to Section
11 5-7 of this Act.
12 (2.5) Except as provided in subsection (c)(4), any
13 person who has not been notified of his or her
14 responsibility to register shall be notified by a criminal
15 justice entity of his or her responsibility to register.
16 Upon notification the person must then register within 3
17 days of notification of his or her requirement to register.
18 Except as provided in subsection (c)(2.1), if notification
19 is not made within the offender's 10 year registration
20 requirement, and the Department of State Police determines
21 no evidence exists or indicates the offender attempted to
22 avoid registration, the offender will no longer be required
23 to register under this Act.
24 (3) Except as provided in subsection (c)(4), any person
25 convicted on or after January 1, 1996, shall register in
26 person within 3 days after the entry of the sentencing

HB0816- 9 -LRB100 05827 RLC 15850 b
1 order based upon his or her conviction.
2 (4) Any person unable to comply with the registration
3 requirements of this Article because he or she is confined,
4 institutionalized, or imprisoned in Illinois on or after
5 January 1, 1996, shall register in person within 3 days of
6 discharge, parole or release.
7 (5) The person shall provide positive identification
8 and documentation that substantiates proof of residence at
9 the registering address.
10 (6) The person shall pay a $100 initial registration
11 fee and a $100 annual renewal fee to the registering law
12 enforcement agency having jurisdiction. The registering
13 agency may waive the registration fee if it determines that
14 the person is indigent and unable to pay the registration
15 fee. Thirty-five dollars for the initial registration fee
16 and $35 of the annual renewal fee shall be retained and
17 used by the registering agency for official purposes.
18 Having retained $35 of the initial registration fee and $35
19 of the annual renewal fee, the registering agency shall
20 remit the remainder of the fee to State agencies within 30
21 days of receipt for deposit into the State funds as
22 follows:
23 (A) Five dollars of the initial registration fee
24 and $5 of the annual fee shall be remitted to the State
25 Treasurer who shall deposit the moneys into the Sex
26 Offender Management Board Fund under Section 19 of the

HB0816- 10 -LRB100 05827 RLC 15850 b
1 Sex Offender Management Board Act. Money deposited
2 into the Sex Offender Management Board Fund shall be
3 administered by the Sex Offender Management Board and
4 shall be used by the Board to comply with the
5 provisions of the Sex Offender Management Board Act.
6 (B) Thirty dollars of the initial registration fee
7 and $30 of the annual renewal fee shall be remitted to
8 the Department of State Police which shall deposit the
9 moneys into the Sex Offender Registration Fund and
10 shall be used by the Department of State Police to
11 maintain and update the Illinois State Police Sex
12 Offender Registry.
13 (C) Thirty dollars of the initial registration fee
14 and $30 of the annual renewal fee shall be remitted to
15 the Attorney General who shall deposit the moneys into
16 the Attorney General Sex Offender Awareness, Training,
17 and Education Fund. Moneys deposited into the Fund
18 shall be used by the Attorney General to administer the
19 I-SORT program and to alert and educate the public,
20 victims, and witnesses of their rights under various
21 victim notification laws and for training law
22 enforcement agencies, State's Attorneys, and medical
23 providers of their legal duties concerning the
24 prosecution and investigation of sex offenses.
25 The registering agency shall establish procedures to
26 document the receipt and remittance of the $100 initial

HB0816- 11 -LRB100 05827 RLC 15850 b
1 registration fee and $100 annual renewal fee.
2 (d) Within 3 days after obtaining or changing employment
3and, if employed on January 1, 2000, within 5 days after that
4date, a person required to register under this Section must
5report, in person to the law enforcement agency having
6jurisdiction, the business name and address where he or she is
7employed. If the person has multiple businesses or work
8locations, every business and work location must be reported to
9the law enforcement agency having jurisdiction.
10(Source: P.A. 98-558, eff. 1-1-14; 98-612, eff. 12-27-13;
1199-755, eff. 8-5-16.)
feedback