Bill Text: IL SB3176 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Sex Offender Registration Act. Provides that a sex offender or sexual predator must register with the appropriate law enforcement agency if the person is temporarily domiciled for 3 (rather than 5) or more days in the municipality or unincorporated area of the county. Provides that 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 the Act for notification to the law enforcement agency having jurisdiction of change of address. Effective January 1, 2011.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Passed) 2010-07-19 - Public Act . . . . . . . . . 96-1102 [SB3176 Detail]

Download: Illinois-2009-SB3176-Enrolled.html

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SB3176 Enrolled LRB096 17543 RLC 35246 b
AN ACT concerning sex offenders.
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 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 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 (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

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offender was notified of the extension. The information shall
also include 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, 11-20.3, or 11-21 of the Criminal Code
of 1961 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 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 5 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 5 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
register:
(i) with the chief of police in the municipality in

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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
(ii) with 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.
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 5 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

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of police in the municipality in which he or she is located.
The agency of jurisdiction will document each weekly
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, 11-20.3, or 11-21 of the Criminal Code
of 1961 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 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 Police Department

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Headquarters; or
(2) with 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.
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, 11-20.3, or 11-21 of the
Criminal Code of 1961, 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:

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(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)(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.
(2.5) 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.
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

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requirements of this Article because he or she is confined,
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 $20 initial registration fee
and a $10 annual renewal fee. The fees shall be used by the
registering agency for official purposes. The agency shall
establish procedures to document receipt and use of the
funds. The law enforcement agency having jurisdiction may
waive the registration fee if it determines that the person
is indigent and unable to pay the registration fee. Ten
dollars for the initial registration fee and $5 of the
annual renewal fee shall be used by the registering agency
for official purposes. Ten dollars of the initial
registration fee and $5 of the annual fee shall be
deposited 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
shall be used to fund practices endorsed or required by the
Sex Offender Management Board Act including but not limited
to sex offenders evaluation, treatment, or monitoring
programs that are or may be developed, as well as for

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administrative costs, including staff, incurred by the
Board.
(d) Within 3 days after obtaining or changing employment
and, if employed on January 1, 2000, within 5 days after that
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. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-994,
eff. 1-1-07; 95-229, eff. 8-16-07; 95-579, eff. 6-1-08; 95-640,
eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. 8-21-08.)
Section 99. Effective date. This Act takes effect January
1, 2011.