Public Act 097-0155
 
HB0295 EnrolledLRB097 05487 RLC 45547 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 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 (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, 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. 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, 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 
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) (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; and .
        (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 
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:
            (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 
        Police Department Headquarters; or

            (B) (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; 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, 11-20.3, 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:

        (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 
    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 $100
 initial registration 
    fee and
a $100
 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.

    Thirty dollars for the initial registration fee and $30 of 
    the annual renewal fee
shall be used by the registering 
    agency for official purposes. Ten dollars of
the initial 
    registration fee and $10 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

    administrative costs, including staff, incurred by the 
    Board.
Thirty dollars of the initial registration fee and 
    $30 of the annual renewal fee shall be deposited 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.  Thirty 
    dollars of the initial registration fee and $30 of the 
    annual renewal fee shall be deposited 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. 
    (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. 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; 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; 96-1097, 
eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. 1-1-11; 
revised 9-2-10.)