Bill Text: IL SB3084 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Sex Offender Registration Act. Provides that a person is required to register as a sex offender who was not previously required to register before the effective date of this amendatory Act because the sex offense that the person committed occurred before a specified date. Requires that person to register within 5 days after the effective date of this amendatory Act. Provides that if the person is confined, institutionalized, or imprisoned in Illinois on or after the effective date of this amendatory Act, he or she shall register in person with the local law enforcement agency within 5 days of discharge, parole, or release. Provides for the duration of the registration. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Vetoed) 2010-11-19 - Bill Dead - Amendatory Veto [SB3084 Detail]
Download: Illinois-2009-SB3084-Enrolled.html
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1 | AN ACT concerning sex offenders.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Sex Offender Registration Act is amended by | ||||||
5 | changing Sections 2, 3, 3-5, and 7 as follows:
| ||||||
6 | (730 ILCS 150/2) (from Ch. 38, par. 222)
| ||||||
7 | Sec. 2. Definitions.
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8 | (A) As used in this Article, "sex offender" means any | ||||||
9 | person who is:
| ||||||
10 | (1) charged pursuant to Illinois law, or any | ||||||
11 | substantially similar
federal, Uniform Code of Military | ||||||
12 | Justice, sister state, or foreign country
law,
with a sex | ||||||
13 | offense set forth
in subsection (B) of this Section or the | ||||||
14 | attempt to commit an included sex
offense, and:
| ||||||
15 | (a) is convicted of such offense or an attempt to | ||||||
16 | commit such offense;
or
| ||||||
17 | (b) is found not guilty by reason of insanity of | ||||||
18 | such offense or an
attempt to commit such offense; or
| ||||||
19 | (c) is found not guilty by reason of insanity | ||||||
20 | pursuant to Section
104-25(c) of the Code of Criminal | ||||||
21 | Procedure of 1963 of such offense or an
attempt to | ||||||
22 | commit such offense; or
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23 | (d) is the subject of a finding not resulting in an |
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| |||||||
1 | acquittal at a
hearing conducted pursuant to Section | ||||||
2 | 104-25(a) of the Code of Criminal
Procedure of 1963 for | ||||||
3 | the alleged commission or attempted commission of such
| ||||||
4 | offense; or
| ||||||
5 | (e) is found not guilty by reason of insanity | ||||||
6 | following a hearing
conducted pursuant to a federal, | ||||||
7 | Uniform Code of Military Justice, sister
state, or | ||||||
8 | foreign country law
substantially similar to Section | ||||||
9 | 104-25(c) of the Code of Criminal Procedure
of 1963 of | ||||||
10 | such offense or of the attempted commission of such | ||||||
11 | offense; or
| ||||||
12 | (f) is the subject of a finding not resulting in an | ||||||
13 | acquittal at a
hearing conducted pursuant to a federal, | ||||||
14 | Uniform Code of Military Justice,
sister state, or | ||||||
15 | foreign country law
substantially similar to Section | ||||||
16 | 104-25(a) of the Code of Criminal Procedure
of 1963 for | ||||||
17 | the alleged violation or attempted commission of such | ||||||
18 | offense;
or
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19 | (2) certified as a sexually dangerous person pursuant | ||||||
20 | to the Illinois
Sexually Dangerous Persons Act, or any | ||||||
21 | substantially similar federal, Uniform
Code of Military | ||||||
22 | Justice, sister
state, or foreign country law; or
| ||||||
23 | (3) subject to the provisions of Section 2 of the | ||||||
24 | Interstate
Agreements on Sexually Dangerous Persons Act; | ||||||
25 | or
| ||||||
26 | (4) found to be a sexually violent person pursuant to |
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| |||||||
1 | the Sexually
Violent Persons Commitment Act or any | ||||||
2 | substantially similar federal, Uniform
Code of Military | ||||||
3 | Justice, sister
state, or foreign country law; or
| ||||||
4 | (5) adjudicated a juvenile delinquent as the result of | ||||||
5 | committing or
attempting to commit an act which, if | ||||||
6 | committed by an adult, would constitute
any of the offenses | ||||||
7 | specified in item (B), (C), or (C-5) of this Section or a
| ||||||
8 | violation of any substantially similar federal, Uniform | ||||||
9 | Code of Military
Justice, sister state, or foreign
country | ||||||
10 | law, or found guilty under Article V of the Juvenile Court | ||||||
11 | Act of 1987
of committing or attempting to commit an act | ||||||
12 | which, if committed by an adult,
would constitute any of | ||||||
13 | the offenses specified in item (B), (C), or (C-5) of
this | ||||||
14 | Section or a violation of any substantially similar | ||||||
15 | federal, Uniform Code
of Military Justice, sister state,
or | ||||||
16 | foreign country law.
| ||||||
17 | Convictions that result from or are connected with the same | ||||||
18 | act, or result
from offenses committed at the same time, shall | ||||||
19 | be counted for the purpose of
this Article as one conviction. | ||||||
20 | Any conviction set aside pursuant to law is
not a conviction | ||||||
21 | for purposes of this Article.
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22 |
For purposes of this Section, "convicted" shall have the | ||||||
23 | same meaning as
"adjudicated".
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24 | (B) As used in this Article, "sex offense" means:
| ||||||
25 | (1) A violation of any of the following Sections of the | ||||||
26 | Criminal Code of
1961:
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| |||||||
1 | 11-20.1 (child pornography),
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2 | 11-20.3 (aggravated child pornography),
| ||||||
3 | 11-6 (indecent solicitation of a child),
| ||||||
4 | 11-9.1 (sexual exploitation of a child),
| ||||||
5 | 11-9.2 (custodial sexual misconduct),
| ||||||
6 | 11-9.5 (sexual misconduct with a person with a | ||||||
7 | disability),
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8 | 11-15.1 (soliciting for a juvenile prostitute),
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9 | 11-18.1 (patronizing a juvenile prostitute),
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10 | 11-17.1 (keeping a place of juvenile | ||||||
11 | prostitution),
| ||||||
12 | 11-19.1 (juvenile pimping),
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13 | 11-19.2 (exploitation of a child),
| ||||||
14 | 11-25 (grooming), | ||||||
15 | 11-26 (traveling to meet a minor),
| ||||||
16 | 12-13 (criminal sexual assault),
| ||||||
17 | 12-14 (aggravated criminal sexual assault),
| ||||||
18 | 12-14.1 (predatory criminal sexual assault of a | ||||||
19 | child),
| ||||||
20 | 12-15 (criminal sexual abuse),
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21 | 12-16 (aggravated criminal sexual abuse),
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22 | 12-33 (ritualized abuse of a child).
| ||||||
23 | An attempt to commit any of these offenses.
| ||||||
24 | (1.5)
A violation of any of the following Sections of | ||||||
25 | the
Criminal Code of 1961, when the victim is a person | ||||||
26 | under 18 years of age, the
defendant is not a parent of the |
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| |||||||
1 | victim, and the offense was sexually motivated as defined | ||||||
2 | in Section 10 of the Sex Offender Management Board Act , and | ||||||
3 | the offense was committed on or
after January 1, 1996 :
| ||||||
4 | 10-1 (kidnapping),
| ||||||
5 | 10-2 (aggravated kidnapping),
| ||||||
6 | 10-3 (unlawful restraint),
| ||||||
7 | 10-3.1 (aggravated unlawful restraint).
| ||||||
8 | (1.6)
First degree murder under Section 9-1 of the | ||||||
9 | Criminal Code of 1961,
when the victim was a person under | ||||||
10 | 18 years of age and the defendant was at least
17 years of | ||||||
11 | age at the time of the commission of the offense, provided | ||||||
12 | the offense was sexually motivated as defined in Section 10 | ||||||
13 | of the Sex Offender Management Board Act.
| ||||||
14 | (1.7) (Blank).
| ||||||
15 | (1.8) A violation or attempted violation of Section | ||||||
16 | 11-11 (sexual
relations within families) of the Criminal | ||||||
17 | Code of 1961 , and the offense was committed on or after
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18 | June 1, 1997 .
| ||||||
19 | (1.9) Child abduction under paragraph (10) of | ||||||
20 | subsection
(b) of Section 10-5 of the Criminal Code of 1961 | ||||||
21 | committed by luring or
attempting to lure a child under the | ||||||
22 | age of 16 into a motor vehicle, building,
house trailer, or | ||||||
23 | dwelling place without the consent of the parent or lawful
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24 | custodian of the child for other than a lawful purpose and | ||||||
25 | the offense was
committed on or after January 1, 1998 , | ||||||
26 | provided the offense was sexually motivated as defined in |
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| |||||||
1 | Section 10 of the Sex Offender Management Board Act.
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2 | (1.10) A violation or attempted violation of any of the | ||||||
3 | following Sections
of the Criminal Code of 1961 when the | ||||||
4 | offense was committed on or after July
1, 1999 :
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5 | 10-4 (forcible detention, if the victim is under 18 | ||||||
6 | years of age), provided the offense was sexually | ||||||
7 | motivated as defined in Section 10 of the Sex Offender | ||||||
8 | Management Board Act,
| ||||||
9 | 11-6.5 (indecent solicitation of an adult),
| ||||||
10 | 11-15 (soliciting for a prostitute, if the victim | ||||||
11 | is under 18 years
of age),
| ||||||
12 | 11-16 (pandering, if the victim is under 18 years | ||||||
13 | of age),
| ||||||
14 | 11-18 (patronizing a prostitute, if the victim is | ||||||
15 | under 18 years
of age),
| ||||||
16 | 11-19 (pimping, if the victim is under 18 years of | ||||||
17 | age).
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18 | (1.11) A violation or attempted violation of any of the | ||||||
19 | following
Sections of the Criminal Code of 1961 when the | ||||||
20 | offense was committed on or
after August 22, 2002 :
| ||||||
21 | 11-9 (public indecency for a third or subsequent | ||||||
22 | conviction).
| ||||||
23 | (1.12) A violation or attempted violation of Section
| ||||||
24 | 5.1 of the Wrongs to Children Act (permitting sexual abuse) | ||||||
25 | when the
offense was committed on or after August 22, 2002 .
| ||||||
26 | (2) A violation of any former law of this State |
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1 | substantially equivalent
to any offense listed in | ||||||
2 | subsection (B) of this Section.
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3 | (C) A conviction for an offense of federal law, Uniform | ||||||
4 | Code of Military
Justice, or the law of another state
or a | ||||||
5 | foreign country that is substantially equivalent to any offense | ||||||
6 | listed
in subsections (B), (C), and (E) of this Section shall
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7 | constitute a
conviction for the purpose
of this Article. A | ||||||
8 | finding or adjudication as a sexually dangerous person
or a | ||||||
9 | sexually violent person under any federal law, Uniform Code of | ||||||
10 | Military
Justice, or the law of another state or
foreign | ||||||
11 | country that is substantially equivalent to the Sexually | ||||||
12 | Dangerous
Persons Act or the Sexually Violent Persons | ||||||
13 | Commitment Act shall constitute an
adjudication for the | ||||||
14 | purposes of this Article.
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15 | (C-5) A person at least 17 years of age at the time of the | ||||||
16 | commission of
the offense who is convicted of first degree | ||||||
17 | murder under Section 9-1 of the
Criminal Code of 1961, against | ||||||
18 | a person
under 18 years of age, shall be required to register
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19 | for natural life.
A conviction for an offense of federal, | ||||||
20 | Uniform Code of Military Justice,
sister state, or foreign | ||||||
21 | country law that is substantially equivalent to any
offense | ||||||
22 | listed in subsection (C-5) of this Section shall constitute a
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23 | conviction for the purpose of this Article. This subsection | ||||||
24 | (C-5) applies to a person who committed the offense before June | ||||||
25 | 1, 1996 only if the person is incarcerated in an Illinois | ||||||
26 | Department of Corrections facility on August 20, 2004 (the |
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1 | effective date of Public Act 93-977).
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2 | (D) As used in this Article, "law enforcement agency having | ||||||
3 | jurisdiction"
means the Chief of Police in each of the | ||||||
4 | municipalities in which the sex offender
expects to reside, | ||||||
5 | work, or attend school (1) upon his or her discharge,
parole or | ||||||
6 | release or
(2) during the service of his or her sentence of | ||||||
7 | probation or conditional
discharge, or the Sheriff of the | ||||||
8 | county, in the event no Police Chief exists
or if the offender | ||||||
9 | intends to reside, work, or attend school in an
unincorporated | ||||||
10 | area.
"Law enforcement agency having jurisdiction" includes | ||||||
11 | the location where
out-of-state students attend school and | ||||||
12 | where out-of-state employees are
employed or are otherwise | ||||||
13 | required to register.
| ||||||
14 | (D-1) As used in this Article, "supervising officer" means | ||||||
15 | the assigned Illinois Department of Corrections parole agent or | ||||||
16 | county probation officer. | ||||||
17 | (E) As used in this Article, "sexual predator" means any | ||||||
18 | person who ,
after July 1, 1999, is:
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19 | (1) Convicted for an offense of federal, Uniform Code | ||||||
20 | of Military
Justice, sister state, or foreign country law | ||||||
21 | that is substantially equivalent
to any offense listed in | ||||||
22 | subsection (E) of this Section shall constitute a
| ||||||
23 | conviction for the purpose of this Article.
Convicted of a | ||||||
24 | violation or attempted violation of any of the following
| ||||||
25 | Sections of the
Criminal Code of 1961 , if the conviction | ||||||
26 | occurred after July
1, 1999 :
|
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| |||||||
1 | 11-17.1 (keeping a place of juvenile | ||||||
2 | prostitution),
| ||||||
3 | 11-19.1 (juvenile pimping),
| ||||||
4 | 11-19.2 (exploitation of a child),
| ||||||
5 | 11-20.1 (child pornography),
| ||||||
6 | 11-20.3 (aggravated child pornography),
| ||||||
7 | 12-13 (criminal sexual assault),
| ||||||
8 | 12-14 (aggravated criminal sexual assault),
| ||||||
9 | 12-14.1 (predatory criminal sexual assault of a | ||||||
10 | child),
| ||||||
11 | 12-16 (aggravated criminal sexual abuse),
| ||||||
12 | 12-33 (ritualized abuse of a child);
| ||||||
13 | (2) (blank);
| ||||||
14 | (3) certified as a sexually dangerous person pursuant | ||||||
15 | to the Sexually
Dangerous Persons Act or any substantially | ||||||
16 | similar federal, Uniform Code of
Military Justice, sister | ||||||
17 | state, or
foreign country law;
| ||||||
18 | (4) found to be a sexually violent person pursuant to | ||||||
19 | the Sexually Violent
Persons Commitment Act or any | ||||||
20 | substantially similar federal, Uniform Code of
Military | ||||||
21 | Justice, sister state, or
foreign country law;
| ||||||
22 | (5) convicted of a second or subsequent offense which | ||||||
23 | requires
registration pursuant to this Act. The conviction | ||||||
24 | for the second or subsequent
offense must have occurred | ||||||
25 | after July 1, 1999. For purposes of this paragraph
(5), | ||||||
26 | "convicted" shall include a conviction under any
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| |||||||
1 | substantially similar
Illinois, federal, Uniform Code of | ||||||
2 | Military Justice, sister state, or
foreign country law; or
| ||||||
3 | (6) convicted of a second or subsequent offense of | ||||||
4 | luring a minor under Section 10-5.1 of the Criminal Code of | ||||||
5 | 1961. | ||||||
6 | (F) As used in this Article, "out-of-state student" means | ||||||
7 | any sex
offender, as defined in this Section,
or sexual | ||||||
8 | predator who is enrolled in Illinois, on a full-time or | ||||||
9 | part-time
basis, in any public or private educational | ||||||
10 | institution, including, but not
limited to, any secondary | ||||||
11 | school, trade or professional institution, or
institution of | ||||||
12 | higher learning.
| ||||||
13 | (G) As used in this Article, "out-of-state employee" means | ||||||
14 | any sex
offender, as defined in this Section,
or sexual | ||||||
15 | predator who works in Illinois, regardless of whether the | ||||||
16 | individual
receives payment for services performed, for a | ||||||
17 | period of time of 10 or more days
or for an aggregate period of | ||||||
18 | time of 30 or more days
during any calendar year.
Persons who | ||||||
19 | operate motor vehicles in the State accrue one day of | ||||||
20 | employment
time for any portion of a day spent in Illinois.
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21 | (H) As used in this Article, "school" means any public or | ||||||
22 | private educational institution, including, but not limited | ||||||
23 | to, any elementary or secondary school, trade or professional | ||||||
24 | institution, or institution of higher education. | ||||||
25 | (I) As used in this Article, "fixed residence" means any | ||||||
26 | and all places that a sex offender resides for an aggregate |
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1 | period of time of 5 or more days in a calendar year.
| ||||||
2 | (J) As used in this Article, "Internet protocol address" | ||||||
3 | means the string of numbers by which a location on the Internet | ||||||
4 | is identified by routers or other computers connected to the | ||||||
5 | Internet. | ||||||
6 | (Source: P.A. 95-331, eff. 8-21-07; 95-579, eff. 6-1-08; | ||||||
7 | 95-625, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. | ||||||
8 | 8-21-08; 96-301, eff. 8-11-09.)
| ||||||
9 | (730 ILCS 150/3)
| ||||||
10 | Sec. 3. Duty to register.
| ||||||
11 | (a) A sex offender, as defined in Section 2 of this Act, or | ||||||
12 | sexual
predator shall, within the time period
prescribed in | ||||||
13 | subsections (b) and (c), register in person
and provide | ||||||
14 | accurate information as required by the Department of State
| ||||||
15 | Police. Such information shall include a current photograph,
| ||||||
16 | current address,
current place of employment, the employer's | ||||||
17 | telephone number, school attended, all e-mail addresses, | ||||||
18 | instant messaging identities, chat room identities, and other | ||||||
19 | Internet communications identities that the sex offender uses | ||||||
20 | or plans to use, all Uniform Resource Locators (URLs) | ||||||
21 | registered or used by the sex offender, all blogs and other | ||||||
22 | Internet sites maintained by the sex offender or to which the | ||||||
23 | sex offender has uploaded any content or posted any messages or | ||||||
24 | information, extensions of the time period for registering as | ||||||
25 | provided in this Article and, if an extension was granted, the |
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| |||||||
1 | reason why the extension was granted and the date the sex | ||||||
2 | offender was notified of the extension. The information shall | ||||||
3 | also include the county of conviction, license plate numbers | ||||||
4 | for every vehicle registered in the name of the sex offender, | ||||||
5 | the age of the sex offender at the time of the commission of | ||||||
6 | the offense, the age of the victim at the time of the | ||||||
7 | commission of the offense, and any distinguishing marks located | ||||||
8 | on the body of the sex offender. A sex offender convicted under | ||||||
9 | Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code | ||||||
10 | of 1961 shall provide all Internet protocol (IP) addresses in | ||||||
11 | his or her residence, registered in his or her name, accessible | ||||||
12 | at his or her place of employment, or otherwise under his or | ||||||
13 | her control or custody. The sex offender or
sexual predator | ||||||
14 | shall register:
| ||||||
15 | (1) with the chief of police in the municipality in | ||||||
16 | which he or she
resides or is temporarily domiciled for a | ||||||
17 | period of time of 5 or more
days, unless the
municipality | ||||||
18 | is the City of Chicago, in which case he or she shall | ||||||
19 | register
at the Chicago Police Department Headquarters; or
| ||||||
20 | (2) with the sheriff in the county in which
he or she | ||||||
21 | resides or is
temporarily domiciled
for a period of time of | ||||||
22 | 5 or more days in an unincorporated
area or, if | ||||||
23 | incorporated, no police chief exists.
| ||||||
24 | If the sex offender or sexual predator is employed at or | ||||||
25 | attends an institution of higher education, he or she shall | ||||||
26 | register:
|
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| |||||||
1 | (i) with the chief of police in the municipality in | ||||||
2 | which he or she is employed at or attends an institution of | ||||||
3 | higher education, unless the municipality is the City of | ||||||
4 | Chicago, in which case he or she shall register at the | ||||||
5 | Chicago Police Department Headquarters; or | ||||||
6 | (ii) with the sheriff in the county in which he or she | ||||||
7 | is employed or attends an institution of higher education | ||||||
8 | located in an unincorporated area, or if incorporated, no | ||||||
9 | police chief exists.
| ||||||
10 | For purposes of this Article, the place of residence or | ||||||
11 | temporary
domicile is defined as any and all places where the | ||||||
12 | sex offender resides
for an aggregate period of time of 5 or | ||||||
13 | more days during any calendar year.
Any person required to | ||||||
14 | register under this Article who lacks a fixed address or | ||||||
15 | temporary domicile must notify, in person, the agency of | ||||||
16 | jurisdiction of his or her last known address within 3 days | ||||||
17 | after ceasing to have a fixed residence.
| ||||||
18 | Any person who lacks a fixed residence must report weekly, | ||||||
19 | in person, with the sheriff's office of the county in which he | ||||||
20 | or she is located in an unincorporated area, or with the chief | ||||||
21 | of police in the municipality in which he or she is located. | ||||||
22 | The agency of jurisdiction will document each weekly | ||||||
23 | registration to include all the locations where the person has | ||||||
24 | stayed during the past 7 days.
| ||||||
25 | The sex offender or sexual predator shall provide accurate | ||||||
26 | information
as required by the Department of State Police. That |
| |||||||
| |||||||
1 | information shall include
the sex offender's or sexual | ||||||
2 | predator's current place of employment.
| ||||||
3 | (a-5) An out-of-state student or out-of-state employee | ||||||
4 | shall,
within 3 days after beginning school or employment in | ||||||
5 | this State,
register in person and provide accurate information | ||||||
6 | as required by the
Department of State Police. Such information | ||||||
7 | will include current place of
employment, school attended, and | ||||||
8 | address in state of residence. A sex offender convicted under | ||||||
9 | Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code | ||||||
10 | of 1961 shall provide all Internet protocol (IP) addresses in | ||||||
11 | his or her residence, registered in his or her name, accessible | ||||||
12 | at his or her place of employment, or otherwise under his or | ||||||
13 | her control or custody. The out-of-state student or | ||||||
14 | out-of-state employee shall register:
| ||||||
15 | (1) with the chief of police in the municipality in | ||||||
16 | which he or she attends school or is employed for a period | ||||||
17 | of time of 5
or more days or for an
aggregate period of | ||||||
18 | time of more than 30 days during any
calendar year, unless | ||||||
19 | the
municipality is the City of Chicago, in which case he | ||||||
20 | or she shall register at
the Chicago Police Department | ||||||
21 | Headquarters; or
| ||||||
22 | (2) with the sheriff in the county in which
he or she | ||||||
23 | attends school or is
employed for a period of time of 5 or | ||||||
24 | more days or
for an aggregate period of
time of more than | ||||||
25 | 30 days during any calendar year in an
unincorporated area
| ||||||
26 | or, if incorporated, no police chief exists.
|
| |||||||
| |||||||
1 | The out-of-state student or out-of-state employee shall | ||||||
2 | provide accurate
information as required by the Department of | ||||||
3 | State Police. That information
shall include the out-of-state | ||||||
4 | student's current place of school attendance or
the | ||||||
5 | out-of-state employee's current place of employment.
| ||||||
6 | (a-10) Any law enforcement agency registering sex | ||||||
7 | offenders or sexual predators in accordance with subsections | ||||||
8 | (a) or (a-5) of this Section shall forward to the Attorney | ||||||
9 | General a copy of sex offender registration forms from persons | ||||||
10 | convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the | ||||||
11 | Criminal Code of 1961, including periodic and annual | ||||||
12 | registrations under Section 6 of this Act. | ||||||
13 | (b) Any sex offender, as defined in Section 2 of this Act, | ||||||
14 | or sexual
predator, regardless of any initial,
prior, or other | ||||||
15 | registration, shall, within 3 days of beginning school,
or | ||||||
16 | establishing a
residence, place of employment, or temporary | ||||||
17 | domicile in
any county, register in person as set forth in | ||||||
18 | subsection (a)
or (a-5).
| ||||||
19 | (c) The registration for any person required to register | ||||||
20 | under this
Article shall be as follows:
| ||||||
21 | (1) Any person registered under the Habitual Child Sex | ||||||
22 | Offender
Registration Act or the Child Sex Offender | ||||||
23 | Registration Act prior to January
1, 1996, shall be deemed | ||||||
24 | initially registered as of January 1, 1996; however,
this | ||||||
25 | shall not be construed to extend the duration of | ||||||
26 | registration set forth
in Section 7.
|
| |||||||
| |||||||
1 | (2) Except as provided in subsection (c)(4), any person | ||||||
2 | convicted or
adjudicated prior to January 1, 1996, whose | ||||||
3 | liability for registration under
Section 7 has not expired, | ||||||
4 | shall register in person prior to January 31,
1996.
| ||||||
5 | (2.1) Any person who was not required to register under | ||||||
6 | this Act before the effective date of this amendatory Act | ||||||
7 | of the 96th General Assembly but who is required to | ||||||
8 | register on or after the effective date of this amendatory | ||||||
9 | Act of the 96th General Assembly shall register in person | ||||||
10 | within 5 days after the effective date of this amendatory | ||||||
11 | Act of the 96th General Assembly. Any person unable to | ||||||
12 | comply with the registration requirements of
this | ||||||
13 | amendatory Act of the 96th General Assembly because he or | ||||||
14 | she is confined, institutionalized,
or imprisoned in | ||||||
15 | Illinois on or after the effective date of this amendatory | ||||||
16 | Act of the 96th General Assembly shall register in person
| ||||||
17 | within 5 days of discharge, parole, or release.
| ||||||
18 | (2.5) Except as provided in subsection (c)(4), any | ||||||
19 | person who has not
been notified of his or her | ||||||
20 | responsibility to register shall be notified by a
criminal | ||||||
21 | justice entity of his or her responsibility to register. | ||||||
22 | Upon
notification the person must then register within 3 | ||||||
23 | days of notification of
his or her requirement to register. | ||||||
24 | Except as provided in subsection (c)(2.1), if If | ||||||
25 | notification is not made within the
offender's 10 year | ||||||
26 | registration requirement, and the Department of State
|
| |||||||
| |||||||
1 | Police determines no evidence exists or indicates the | ||||||
2 | offender attempted to
avoid registration, the offender | ||||||
3 | will no longer be required to register under
this Act.
| ||||||
4 | (3) Except as provided in subsection (c)(4), any person | ||||||
5 | convicted on
or after January 1, 1996, shall register in | ||||||
6 | person within 3 days after the
entry of the sentencing | ||||||
7 | order based upon his or her conviction.
| ||||||
8 | (4) Any person unable to comply with the registration | ||||||
9 | requirements of
this Article because he or she is confined, | ||||||
10 | institutionalized,
or imprisoned in Illinois on or after | ||||||
11 | January 1, 1996, shall register in person
within 3 days of | ||||||
12 | discharge, parole or release.
| ||||||
13 | (5) The person shall provide positive identification | ||||||
14 | and documentation
that substantiates proof of residence at | ||||||
15 | the registering address.
| ||||||
16 | (6) The person shall pay a $20
initial registration fee | ||||||
17 | and
a $10
annual
renewal fee. The fees shall be used by the | ||||||
18 | registering agency for official
purposes. The agency shall | ||||||
19 | establish procedures to document receipt and use
of the | ||||||
20 | funds.
The law enforcement agency having jurisdiction may | ||||||
21 | waive the registration fee
if it determines that the person | ||||||
22 | is indigent and unable to pay the registration
fee.
Ten | ||||||
23 | dollars for the initial registration fee and $5 of the | ||||||
24 | annual renewal fee
shall be used by the registering agency | ||||||
25 | for official purposes. Ten dollars of
the initial | ||||||
26 | registration fee and $5 of the annual fee shall be |
| |||||||
| |||||||
1 | deposited into
the Sex Offender Management Board Fund under | ||||||
2 | Section 19 of the Sex Offender
Management Board Act. Money | ||||||
3 | deposited into the Sex Offender Management Board
Fund shall | ||||||
4 | be administered by the Sex Offender Management Board and | ||||||
5 | shall be
used to
fund practices endorsed or required by the | ||||||
6 | Sex Offender Management Board Act
including but not limited | ||||||
7 | to sex offenders evaluation, treatment, or
monitoring | ||||||
8 | programs that are or may be developed, as well as for
| ||||||
9 | administrative costs, including staff, incurred by the | ||||||
10 | Board.
| ||||||
11 | (d) Within 3 days after obtaining or changing employment | ||||||
12 | and, if employed
on January 1, 2000, within 5 days after that | ||||||
13 | date, a person required to
register under this Section must | ||||||
14 | report, in person to the law
enforcement agency having | ||||||
15 | jurisdiction, the business name and address where he
or she is | ||||||
16 | employed. If the person has multiple businesses or work | ||||||
17 | locations,
every business and work location must be reported to | ||||||
18 | the law enforcement agency
having jurisdiction.
| ||||||
19 | (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-994, | ||||||
20 | eff. 1-1-07; 95-229, eff. 8-16-07; 95-579, eff. 6-1-08; 95-640, | ||||||
21 | eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. 8-21-08.)
| ||||||
22 | (730 ILCS 150/3-5) | ||||||
23 | Sec. 3-5. Application of Act to adjudicated juvenile | ||||||
24 | delinquents. | ||||||
25 | (a) In all cases involving an adjudicated juvenile
|
| |||||||
| |||||||
1 | delinquent who meets the definition of sex offender as set
| ||||||
2 | forth in paragraph (5) of subsection (A) of Section 2 of this
| ||||||
3 | Act, the court shall order the minor to register as a sex | ||||||
4 | offender. | ||||||
5 | (b) Once an adjudicated juvenile delinquent is ordered to
| ||||||
6 | register as a sex offender, the adjudicated juvenile delinquent
| ||||||
7 | shall be subject to the registration requirements set forth in
| ||||||
8 | Sections 3, 6, 6-5, 8, 8-5, and 10 for the term of his or her
| ||||||
9 | registration. | ||||||
10 | (c) For a minor adjudicated delinquent for an offense | ||||||
11 | which, if charged as an adult, would be a felony, no less than | ||||||
12 | 5 years after registration ordered pursuant to subsection (a) | ||||||
13 | of this Section, the minor may petition for the termination of | ||||||
14 | the term of registration. For a minor adjudicated delinquent | ||||||
15 | for an offense which, if charged as an adult, would be a | ||||||
16 | misdemeanor, no less than 2 years after registration ordered | ||||||
17 | pursuant to subsection (a) of this Section, the minor may | ||||||
18 | petition for termination of the term of registration. | ||||||
19 | (d) The court may upon a hearing on the petition for | ||||||
20 | termination of registration, terminate registration if the | ||||||
21 | court finds that the registrant poses no risk to the community | ||||||
22 | by a preponderance of the evidence based upon the factors set | ||||||
23 | forth in subsection (e). Notwithstanding any other provisions | ||||||
24 | of this Act to the contrary, no registrant whose registration | ||||||
25 | has been terminated under this Section shall be required to | ||||||
26 | register under the provisions of this Act for the offense or |
| |||||||
| |||||||
1 | offenses which were the subject of the successful petition for | ||||||
2 | termination of registration. This exemption shall apply only to | ||||||
3 | those offenses which were the subject of the successful | ||||||
4 | petition for termination of registration, and shall not apply | ||||||
5 | to any other or subsequent offenses requiring registration | ||||||
6 | under this Act. | ||||||
7 | (e) To determine whether a registrant poses a risk
to the | ||||||
8 | community as required by subsection (d), the court shall
| ||||||
9 | consider the following factors: | ||||||
10 | (1) a risk assessment performed by an evaluator
| ||||||
11 | approved by the Sex Offender Management Board; | ||||||
12 | (2) the sex offender history of the adjudicated
| ||||||
13 | juvenile delinquent; | ||||||
14 | (3) evidence of the adjudicated juvenile delinquent's
| ||||||
15 | rehabilitation; | ||||||
16 | (4) the age of the adjudicated juvenile delinquent at
| ||||||
17 | the time of the offense; | ||||||
18 | (5) information related to the adjudicated juvenile
| ||||||
19 | delinquent's mental, physical, educational, and social
| ||||||
20 | history; | ||||||
21 | (6) victim impact statements; and | ||||||
22 | (7) any other factors deemed relevant by the court. | ||||||
23 | (f) At the hearing set forth in subsections (c) and (d), a
| ||||||
24 | registrant shall be represented by counsel and may present a
| ||||||
25 | risk assessment conducted by an evaluator who is a licensed
| ||||||
26 | psychiatrist, psychologist, or other mental health
|
| |||||||
| |||||||
1 | professional, and who has demonstrated clinical experience in
| ||||||
2 | juvenile sex offender treatment. | ||||||
3 | (g) After a registrant completes the term of his or her
| ||||||
4 | registration, his or her name, address, and all other
| ||||||
5 | identifying information shall be removed from all State and
| ||||||
6 | local registries. | ||||||
7 | (h) This Section applies retroactively to cases in which
| ||||||
8 | adjudicated juvenile delinquents who registered or were
| ||||||
9 | required to register before the effective date of this
| ||||||
10 | amendatory Act of the 95th General Assembly. On or after the
| ||||||
11 | effective date of this amendatory Act of the 95th General
| ||||||
12 | Assembly, a person adjudicated delinquent before the effective
| ||||||
13 | date of this amendatory Act of the 95th General Assembly may
| ||||||
14 | request a hearing regarding status of registration by filing a | ||||||
15 | Petition Requesting Registration Status with the clerk of the | ||||||
16 | court. Upon receipt of the Petition Requesting Registration
| ||||||
17 | Status, the clerk of the court shall provide notice to the
| ||||||
18 | parties and set the Petition for hearing pursuant to
| ||||||
19 | subsections (c) through (e) of this Section. | ||||||
20 | (i) This Section does not apply to minors prosecuted under
| ||||||
21 | the criminal laws as adults.
| ||||||
22 | (Source: P.A. 95-658, eff. 10-11-07.)
| ||||||
23 | (730 ILCS 150/7) (from Ch. 38, par. 227)
| ||||||
24 | Sec. 7. Duration of registration. A person who has been | ||||||
25 | adjudicated to
be
sexually dangerous and is later released or |
| |||||||
| |||||||
1 | found to be no longer sexually
dangerous and discharged, shall | ||||||
2 | register for the period of his or her natural
life.
A sexually | ||||||
3 | violent person or sexual predator shall register for the period | ||||||
4 | of
his or her natural life
after conviction or adjudication or | ||||||
5 | after the effective date of this amendatory Act of the 96th | ||||||
6 | General Assembly if the sexually violent person or sexual | ||||||
7 | predator was not required to register before the effective date | ||||||
8 | of this amendatory Act of the 96th General Assembly if not | ||||||
9 | confined to a penal institution,
hospital, or other institution | ||||||
10 | or facility, and if confined, for
the period of his or her | ||||||
11 | natural life after parole, discharge, or release from
any such | ||||||
12 | facility.
A person who has not been adjudicated to be sexually | ||||||
13 | dangerous or who is not a sexually violent person or sexual | ||||||
14 | predator and who is required to register under this Article as | ||||||
15 | a result of this amendatory Act of the 96th General Assembly | ||||||
16 | shall register for a period of 10 years after the effective | ||||||
17 | date of this amendatory Act of the 96th General Assembly if not | ||||||
18 | confined to a penal institution,
hospital, or other institution | ||||||
19 | or facility, and if confined, for a period of 10 years after | ||||||
20 | parole, discharge, or release from any such facility. However, | ||||||
21 | this provision shall not be construed to revive the period of | ||||||
22 | registration of any person who was previously registered as a | ||||||
23 | sex offender and who successfully completed his or her period | ||||||
24 | of registration prior to the effective date of this amendatory | ||||||
25 | Act of the 96th General Assembly. A person who becomes subject | ||||||
26 | to registration under this Article who has previously been |
| |||||||
| |||||||
1 | subject to registration under this Article or under the Child | ||||||
2 | Murderer and Violent Offender Against Youth Registration Act or | ||||||
3 | similar registration requirements of other jurisdictions shall | ||||||
4 | register for the period of his or her natural life if not | ||||||
5 | confined to a penal institution,
hospital, or other institution | ||||||
6 | or facility, and if confined, for
the period of his or her | ||||||
7 | natural life after parole, discharge, or release from
any such | ||||||
8 | facility. Any other person who is required to register
under | ||||||
9 | this Article shall be required to register for a period of 10 | ||||||
10 | years after
conviction or adjudication if not confined to a | ||||||
11 | penal institution, hospital
or any other
institution or | ||||||
12 | facility, and if confined, for a period of 10 years after
| ||||||
13 | parole, discharge or release from any such facility. A sex | ||||||
14 | offender who is
allowed to leave a county, State, or federal | ||||||
15 | facility for the purposes of work
release, education, or | ||||||
16 | overnight visitations shall be required
to register within 3 | ||||||
17 | days of beginning such a program. Liability for
registration | ||||||
18 | terminates at the expiration of 10 years from the date of
| ||||||
19 | conviction or adjudication if not confined to a penal | ||||||
20 | institution, hospital
or any other
institution or facility and | ||||||
21 | if confined, at the expiration of 10 years from the
date of | ||||||
22 | parole, discharge or release from any such facility, providing | ||||||
23 | such
person does not, during that period, again
become
liable
| ||||||
24 | to register under the provisions of this Article.
Reconfinement | ||||||
25 | due to a violation of parole or other circumstances that | ||||||
26 | relates to the original conviction or adjudication shall extend |
| |||||||
| |||||||
1 | the period of registration to 10 years after final parole, | ||||||
2 | discharge, or release. Reconfinement due to a violation of | ||||||
3 | parole or other circumstances that do not relate to the | ||||||
4 | original conviction or adjudication shall toll the running of | ||||||
5 | the balance of the 10-year period of registration, which shall | ||||||
6 | not commence running until after final parole, discharge, or | ||||||
7 | release. The Director of State Police, consistent with | ||||||
8 | administrative rules, shall
extend for 10 years the | ||||||
9 | registration period of any sex offender, as defined
in Section | ||||||
10 | 2 of this Act, who fails to
comply with the provisions of this | ||||||
11 | Article. The registration period for any sex offender who fails | ||||||
12 | to comply with any provision of the Act shall extend the period | ||||||
13 | of registration by 10 years beginning from the first date of | ||||||
14 | registration after the violation.
If the registration period is | ||||||
15 | extended, the Department of State Police shall send a | ||||||
16 | registered letter to the law enforcement agency where the sex | ||||||
17 | offender resides within 3 days after the extension of the | ||||||
18 | registration period. The sex offender shall report to that law | ||||||
19 | enforcement agency and sign for that letter. One copy of that | ||||||
20 | letter shall be kept on file with the law enforcement agency of | ||||||
21 | the jurisdiction where the sex offender resides and one copy | ||||||
22 | shall be returned to the Department of State Police.
| ||||||
23 | (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-169, | ||||||
24 | eff. 8-14-07; 95-331, eff. 8-21-07; 95-513, eff. 6-1-08; | ||||||
25 | 95-640, eff. 6-1-08; 95-876, eff. 8-21-08.)
| ||||||
26 | Section 99. Effective date. This Act takes effect upon |
| |||||||
| |||||||
1 | becoming law.
|