Bill Text: IL SB2201 | 2015-2016 | 99th General Assembly | Introduced

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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 - Dead) 2016-05-19 - Added as Co-Sponsor Sen. Napoleon Harris, III [SB2201 Detail]

Download: Illinois-2015-SB2201-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB2201 Introduced 12/4/2015, by Sen. Jennifer Bertino-Tarrant 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.
LRB099 15388 RLC 39655 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB2201 LRB099 15388 RLC 39655 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Sex Offender Registration Act is amended by
changing Section 3 as follows:
(730 ILCS 150/3)
Sec. 3. Duty to register.
(a) A sex offender, as defined in Section 2 of this Act, or
sexual predator, as defined in Section 2 of this Act, or a
person convicted of a battery when the court: (1) finds that
the battery was sexually motivated as defined in Section 10 of
the Sex Offender Management Board Act; and (2) in its
discretion requires the person to register under this Act,
shall, within the time period prescribed in subsections (b) and
(c), register in person and provide accurate information as
required by the Department of State Police. Such information
shall include a current photograph, current address, current
place of employment, the sex offender's or sexual predator's
telephone number, including cellular telephone number, the
employer's telephone number, school attended, all e-mail
addresses, instant messaging identities, chat room identities,
and other Internet communications identities that the sex
offender uses or plans to use, all Uniform Resource Locators

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

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her own child, provided that his or her own child is not the
victim of the sex offense. The sex offender or sexual predator
shall register:
(1) with the chief of police in the municipality in
which he or she resides or is temporarily domiciled for a
period of time of 3 or more days, unless the municipality
is the City of Chicago, in which case he or she shall
register at the Chicago Police Department Headquarters; or
(2) with the sheriff in the county in which he or she
resides or is temporarily domiciled for a period of time of
3 or more days in an unincorporated area or, if
incorporated, no police chief exists.
If the sex offender or sexual predator is employed at or
attends an institution of higher education, he or she shall
also register:
(i) with:
(A) the chief of police in the municipality in
which he or she is employed at or attends an
institution of higher education, unless the
municipality is the City of Chicago, in which case he
or she shall register at the Chicago Police Department
Headquarters; or
(B) the sheriff in the county in which he or she is
employed or attends an institution of higher education
located in an unincorporated area, or if incorporated,
no police chief exists; and

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(ii) with the public safety or security director of the
institution of higher education which he or she is employed
at or attends.
The registration fees shall only apply to the municipality
or county of primary registration, and not to campus
registration.
For purposes of this Article, the place of residence or
temporary domicile is defined as any and all places where the
sex offender resides for an aggregate period of time of 3 or
more days during any calendar year. Any person required to
register under this Article who lacks a fixed address or
temporary domicile must notify, in person, the agency of
jurisdiction of his or her last known address within 3 days
after ceasing to have a fixed residence.
A sex offender or sexual predator who is temporarily absent
from his or her current address of registration for 3 or more
days shall notify the law enforcement agency having
jurisdiction of his or her current registration, including the
itinerary for travel, in the manner provided in Section 6 of
this Act for notification to the law enforcement agency having
jurisdiction of change of address.
Any person who lacks a fixed residence must report weekly,
in person, with the sheriff's office of the county in which he
or she is located in an unincorporated area, or with the chief
of police in the municipality in which he or she is located.
The agency of jurisdiction will document each weekly

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registration to include all the locations where the person has
stayed during the past 7 days.
The sex offender or sexual predator shall provide accurate
information as required by the Department of State Police. That
information shall include the sex offender's or sexual
predator's current place of employment.
(a-5) An out-of-state student or out-of-state employee
shall, within 3 days after beginning school or employment in
this State, register in person and provide accurate information
as required by the Department of State Police. Such information
will include current place of employment, school attended, and
address in state of residence. A sex offender convicted under
Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the
Criminal Code of 1961 or the Criminal Code of 2012 shall
provide all Internet protocol (IP) addresses in his or her
residence, registered in his or her name, accessible at his or
her place of employment, or otherwise under his or her control
or custody. The out-of-state student or out-of-state employee
shall register:
(1) with:
(A) the chief of police in the municipality in
which he or she attends school or is employed for a
period of time of 5 or more days or for an aggregate
period of time of more than 30 days during any calendar
year, unless the municipality is the City of Chicago,
in which case he or she shall register at the Chicago

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Police Department Headquarters; or
(B) the sheriff in the county in which he or she
attends school or is employed for a period of time of 5
or more days or for an aggregate period of time of more
than 30 days during any calendar year in an
unincorporated area or, if incorporated, no police
chief exists; and
(2) with the public safety or security director of the
institution of higher education he or she is employed at or
attends for a period of time of 5 or more days or for an
aggregate period of time of more than 30 days during a
calendar year.
The registration fees shall only apply to the municipality
or county of primary registration, and not to campus
registration.
The out-of-state student or out-of-state employee shall
provide accurate information as required by the Department of
State Police. That information shall include the out-of-state
student's current place of school attendance or the
out-of-state employee's current place of employment.
(a-10) Any law enforcement agency registering sex
offenders or sexual predators in accordance with subsections
(a) or (a-5) of this Section shall forward to the Attorney
General a copy of sex offender registration forms from persons
convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
11-21 of the Criminal Code of 1961 or the Criminal Code of

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2012, including periodic and annual registrations under
Section 6 of this Act.
(b) Any sex offender, as defined in Section 2 of this Act,
or sexual predator, regardless of any initial, prior, or other
registration, shall, within 3 days of beginning school, or
establishing a residence, place of employment, or temporary
domicile in any county, register in person as set forth in
subsection (a) or (a-5).
(c) The registration for any person required to register
under this Article shall be as follows:
(1) Any person registered under the Habitual Child Sex
Offender Registration Act or the Child Sex Offender
Registration Act prior to January 1, 1996, shall be deemed
initially registered as of January 1, 1996; however, this
shall not be construed to extend the duration of
registration set forth in Section 7.
(2) Except as provided in subsection (c)(2.1) or
(c)(4), any person convicted or adjudicated prior to
January 1, 1996, whose liability for registration under
Section 7 has not expired, shall register in person prior
to January 31, 1996.
(2.1) A sex offender or sexual predator, who has never
previously been required to register under this Act, has a
duty to register if the person has been convicted of any
felony offense after July 1, 2011. A person who previously
was required to register under this Act for a period of 10

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years and successfully completed that registration period
has a duty to register if: (i) the person has been
convicted of any felony offense after July 1, 2011, and
(ii) the offense for which the 10 year registration was
served currently requires a registration period of more
than 10 years. Notification of an offender's duty to
register under this subsection shall be pursuant to Section
5-7 of this Act.
(2.5) Except as provided in subsection (c)(4), any
person who has not been notified of his or her
responsibility to register shall be notified by a criminal
justice entity of his or her responsibility to register.
Upon notification the person must then register within 3
days of notification of his or her requirement to register.
Except as provided in subsection (c)(2.1), if notification
is not made within the offender's 10 year registration
requirement, and the Department of State Police determines
no evidence exists or indicates the offender attempted to
avoid registration, the offender will no longer be required
to register under this Act.
(3) Except as provided in subsection (c)(4), any person
convicted on or after January 1, 1996, shall register in
person within 3 days after the entry of the sentencing
order based upon his or her conviction.
(4) Any person unable to comply with the registration
requirements of this Article because he or she is confined,

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institutionalized, or imprisoned in Illinois on or after
January 1, 1996, shall register in person within 3 days of
discharge, parole or release.
(5) The person shall provide positive identification
and documentation that substantiates proof of residence at
the registering address.
(6) The person shall pay a $100 initial registration
fee and a $100 annual renewal fee to the registering law
enforcement agency having jurisdiction. The registering
agency may waive the registration fee if it determines that
the person is indigent and unable to pay the registration
fee. Thirty-five dollars for the initial registration fee
and $35 of the annual renewal fee shall be retained and
used by the registering agency for official purposes.
Having retained $35 of the initial registration fee and $35
of the annual renewal fee, the registering agency shall
remit the remainder of the fee to State agencies within 30
days of receipt for deposit into the State funds as
follows:
(A) Five dollars of the initial registration fee
and $5 of the annual fee shall be remitted to the State
Treasurer who shall deposit the moneys into the Sex
Offender Management Board Fund under Section 19 of the
Sex Offender Management Board Act. Money deposited
into the Sex Offender Management Board Fund shall be
administered by the Sex Offender Management Board and

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shall be used by the Board to comply with the
provisions of the Sex Offender Management Board Act.
(B) Thirty dollars of the initial registration fee
and $30 of the annual renewal fee shall be remitted to
the Department of State Police which shall deposit the
moneys into the Sex Offender Registration Fund and
shall be used by the Department of State Police to
maintain and update the Illinois State Police Sex
Offender Registry.
(C) Thirty dollars of the initial registration fee
and $30 of the annual renewal fee shall be remitted to
the Attorney General who shall deposit the moneys into
the Attorney General Sex Offender Awareness, Training,
and Education Fund. Moneys deposited into the Fund
shall be used by the Attorney General to administer the
I-SORT program and to alert and educate the public,
victims, and witnesses of their rights under various
victim notification laws and for training law
enforcement agencies, State's Attorneys, and medical
providers of their legal duties concerning the
prosecution and investigation of sex offenses.
The registering agency shall establish procedures to
document the receipt and remittance of the $100 initial
registration fee and $100 annual renewal fee.
(d) Within 3 days after obtaining or changing employment
and, if employed on January 1, 2000, within 5 days after that

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date, a person required to register under this Section must
report, in person to the law enforcement agency having
jurisdiction, the business name and address where he or she is
employed. If the person has multiple businesses or work
locations, every business and work location must be reported to
the law enforcement agency having jurisdiction.
(Source: P.A. 97-155, eff 1-1-12; 97-333, eff. 8-12-11; 97-578,
eff. 1-1-12; 97-1098, eff. 1-1-13; 97-1109, eff. 1-1-13;
97-1150, eff. 1-25-13; 98-558, eff. 1-1-14; 98-612, eff.
12-27-13.)