101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4805

 

Introduced 2/18/2020, by Rep. Blaine Wilhour

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 150/3
730 ILCS 150/7  from Ch. 38, par. 227

    Amends the Sex Offender Registration Act. Provides that the registration period for all sex offenders and sexual predators under the Act shall be for the offender's or predator's natural life (rather than 10 years for some sex offenders) after conviction or adjudication if the sex offender or sexual predator is not confined to a penal institution, hospital, or other institution or facility, and if confined, for the period of his or her natural life after parole, discharge, or release from any such facility. In a provision requiring a person, who previously was required to register for a period of 10 years and successfully completed that registration, to register if the person has been convicted of a felony offense after July 1, 2011, deletes an additional condition that the offense for which the 10-year registration was served currently requires a registration period of more than 10 years.


LRB101 18005 RLC 67443 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4805LRB101 18005 RLC 67443 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 Sections 3 and 7 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 shall, within the time period prescribed in
10subsections (b) and (c), register in person and provide
11accurate information as required by the Department of State
12Police. Such information shall include a current photograph,
13current address, current place of employment, the sex
14offender's or sexual predator's telephone number, including
15cellular telephone number, the employer's telephone number,
16school attended, all e-mail addresses, instant messaging
17identities, chat room identities, and other Internet
18communications identities that the sex offender uses or plans
19to use, all Uniform Resource Locators (URLs) registered or used
20by the sex offender, all blogs and other Internet sites
21maintained by the sex offender or to which the sex offender has
22uploaded any content or posted any messages or information,
23extensions of the time period for registering as provided in

 

 

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1this Article and, if an extension was granted, the reason why
2the extension was granted and the date the sex offender was
3notified of the extension. The information shall also include a
4copy of the terms and conditions of parole or release signed by
5the sex offender and given to the sex offender by his or her
6supervising officer or aftercare specialist, the county of
7conviction, license plate numbers for every vehicle registered
8in the name of the sex offender, the age of the sex offender at
9the time of the commission of the offense, the age of the
10victim at the time of the commission of the offense, and any
11distinguishing marks located on the body of the sex offender. A
12sex offender convicted under Section 11-6, 11-20.1, 11-20.1B,
1311-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal
14Code of 2012 shall provide all Internet protocol (IP) addresses
15in his or her residence, registered in his or her name,
16accessible at his or her place of employment, or otherwise
17under his or her control or custody. If the sex offender is a
18child sex offender as defined in Section 11-9.3 or 11-9.4 of
19the Criminal Code of 1961 or the Criminal Code of 2012, the sex
20offender shall report to the registering agency whether he or
21she is living in a household with a child under 18 years of age
22who is not his or her own child, provided that his or her own
23child is not the victim of the sex offense. The sex offender or
24sexual predator shall register:
25        (1) with the chief of police in the municipality in
26    which he or she resides or is temporarily domiciled for a

 

 

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1    period of time of 3 or more days, unless the municipality
2    is the City of Chicago, in which case he or she shall
3    register at a fixed location designated by the
4    Superintendent of the Chicago Police Department; or
5        (2) with the sheriff in the county in which he or she
6    resides or is temporarily domiciled for a period of time of
7    3 or more days in an unincorporated area or, if
8    incorporated, no police chief exists.
9    If the sex offender or sexual predator is employed at or
10attends an institution of higher education, he or she shall
11also register:
12        (i) with:
13            (A) the chief of police in the municipality in
14        which he or she is employed at or attends an
15        institution of higher education, unless the
16        municipality is the City of Chicago, in which case he
17        or she shall register at a fixed location designated by
18        the Superintendent of the Chicago Police Department;
19        or
20            (B) the sheriff in the county in which he or she is
21        employed or attends an institution of higher education
22        located in an unincorporated area, or if incorporated,
23        no police chief exists; and
24        (ii) with the public safety or security director of the
25    institution of higher education which he or she is employed
26    at or attends.

 

 

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1    The registration fees shall only apply to the municipality
2or county of primary registration, and not to campus
3registration.
4    For purposes of this Article, the place of residence or
5temporary domicile is defined as any and all places where the
6sex offender resides for an aggregate period of time of 3 or
7more days during any calendar year. Any person required to
8register under this Article who lacks a fixed address or
9temporary domicile must notify, in person, the agency of
10jurisdiction of his or her last known address within 3 days
11after ceasing to have a fixed residence.
12    A sex offender or sexual predator who is temporarily absent
13from his or her current address of registration for 3 or more
14days shall notify the law enforcement agency having
15jurisdiction of his or her current registration, including the
16itinerary for travel, in the manner provided in Section 6 of
17this Act for notification to the law enforcement agency having
18jurisdiction of change of address.
19    Any person who lacks a fixed residence must report weekly,
20in person, with the sheriff's office of the county in which he
21or she is located in an unincorporated area, or with the chief
22of police in the municipality in which he or she is located.
23The agency of jurisdiction will document each weekly
24registration to include all the locations where the person has
25stayed during the past 7 days.
26    The sex offender or sexual predator shall provide accurate

 

 

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

 

 

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1        attends school or is employed for a period of time of 5
2        or more days or for an aggregate period of time of more
3        than 30 days during any calendar year in an
4        unincorporated area or, if incorporated, no police
5        chief exists; and
6        (2) with the public safety or security director of the
7    institution of higher education he or she is employed at or
8    attends for a period of time of 5 or more days or for an
9    aggregate period of time of more than 30 days during a
10    calendar year.
11    The registration fees shall only apply to the municipality
12or county of primary registration, and not to campus
13registration.
14    The out-of-state student or out-of-state employee shall
15provide accurate information as required by the Department of
16State Police. That information shall include the out-of-state
17student's current place of school attendance or the
18out-of-state employee's current place of employment.
19    (a-10) Any law enforcement agency registering sex
20offenders or sexual predators in accordance with subsections
21(a) or (a-5) of this Section shall forward to the Attorney
22General a copy of sex offender registration forms from persons
23convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
2411-21 of the Criminal Code of 1961 or the Criminal Code of
252012, including periodic and annual registrations under
26Section 6 of this Act.

 

 

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1    (b) Any sex offender, as defined in Section 2 of this Act,
2or sexual predator, regardless of any initial, prior, or other
3registration, shall, within 3 days of beginning school, or
4establishing a residence, place of employment, or temporary
5domicile in any county, register in person as set forth in
6subsection (a) or (a-5).
7    (c) The registration for any person required to register
8under this Article shall be as follows:
9        (1) Any person registered under the Habitual Child Sex
10    Offender Registration Act or the Child Sex Offender
11    Registration Act prior to January 1, 1996, shall be deemed
12    initially registered as of January 1, 1996; however, this
13    shall not be construed to extend the duration of
14    registration set forth in Section 7.
15        (2) Except as provided in subsection (c)(2.1) or
16    (c)(4), any person convicted or adjudicated prior to
17    January 1, 1996, whose liability for registration under
18    Section 7 has not expired, shall register in person prior
19    to January 31, 1996.
20        (2.1) A sex offender or sexual predator, who has never
21    previously been required to register under this Act, has a
22    duty to register if the person has been convicted of any
23    felony offense after July 1, 2011. A person who previously
24    was required to register under this Act for a period of 10
25    years and successfully completed that registration period
26    has a duty to register if: (i) the person has been

 

 

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

 

 

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1    discharge, parole or release.
2        (5) The person shall provide positive identification
3    and documentation that substantiates proof of residence at
4    the registering address.
5        (6) The person shall pay a $100 initial registration
6    fee and a $100 annual renewal fee to the registering law
7    enforcement agency having jurisdiction. The registering
8    agency may waive the registration fee if it determines that
9    the person is indigent and unable to pay the registration
10    fee. Thirty-five dollars for the initial registration fee
11    and $35 of the annual renewal fee shall be retained and
12    used by the registering agency for official purposes.
13    Having retained $35 of the initial registration fee and $35
14    of the annual renewal fee, the registering agency shall
15    remit the remainder of the fee to State agencies within 30
16    days of receipt for deposit into the State funds as
17    follows:
18            (A) Five dollars of the initial registration fee
19        and $5 of the annual fee shall be remitted to the State
20        Treasurer who shall deposit the moneys into the Sex
21        Offender Management Board Fund under Section 19 of the
22        Sex Offender Management Board Act. Money deposited
23        into the Sex Offender Management Board Fund shall be
24        administered by the Sex Offender Management Board and
25        shall be used by the Board to comply with the
26        provisions of the Sex Offender Management Board Act.

 

 

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1            (B) Thirty dollars of the initial registration fee
2        and $30 of the annual renewal fee shall be remitted to
3        the Department of State Police which shall deposit the
4        moneys into the Offender Registration Fund.
5            (C) Thirty dollars of the initial registration fee
6        and $30 of the annual renewal fee shall be remitted to
7        the Attorney General who shall deposit the moneys into
8        the Attorney General Sex Offender Awareness, Training,
9        and Education Fund. Moneys deposited into the Fund
10        shall be used by the Attorney General to administer the
11        I-SORT program and to alert and educate the public,
12        victims, and witnesses of their rights under various
13        victim notification laws and for training law
14        enforcement agencies, State's Attorneys, and medical
15        providers of their legal duties concerning the
16        prosecution and investigation of sex offenses.
17        The registering agency shall establish procedures to
18    document the receipt and remittance of the $100 initial
19    registration fee and $100 annual renewal fee.
20    (d) Within 3 days after obtaining or changing employment
21and, if employed on January 1, 2000, within 5 days after that
22date, a person required to register under this Section must
23report, in person to the law enforcement agency having
24jurisdiction, the business name and address where he or she is
25employed. If the person has multiple businesses or work
26locations, every business and work location must be reported to

 

 

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1the law enforcement agency having jurisdiction.
2(Source: P.A. 101-571, eff. 8-23-19.)
 
3    (730 ILCS 150/7)  (from Ch. 38, par. 227)
4    Sec. 7. Duration of registration. A person who has been
5adjudicated to be sexually dangerous and is later released or
6found to be no longer sexually dangerous and discharged, shall
7register for the period of his or her natural life. A sexually
8violent person or sexual predator shall register for the period
9of his or her natural life after conviction or adjudication if
10not confined to a penal institution, hospital, or other
11institution or facility, and if confined, for the period of his
12or her natural life after parole, discharge, or release from
13any such facility. A person who becomes subject to registration
14under paragraph (2.1) of subsection (c) of Section 3 of this
15Article who has previously been subject to registration under
16this Article shall register for the period of his or her
17natural life currently required for the offense for which the
18person was previously registered if not confined to a penal
19institution, hospital, or other institution or facility, and if
20confined, for the same period after parole, discharge, or
21release from any such facility. Except as otherwise provided in
22this Section, a person who becomes subject to registration
23under this Article who has previously been subject to
24registration under this Article or under the Murderer and
25Violent Offender Against Youth Registration Act or similar

 

 

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1registration requirements of other jurisdictions shall
2register for the period of his or her natural life if not
3confined to a penal institution, hospital, or other institution
4or facility, and if confined, for the period of his or her
5natural life after parole, discharge, or release from any such
6facility. Any other person who is required to register under
7this Article shall be required to register for a period of his
8or her natural life after conviction or adjudication if not
9confined to a penal institution, hospital, or other institution
10or facility, and if confined, for the period of his or her
11natural life after parole, discharge, or release from any such
12facility 10 years after conviction or adjudication if not
13confined to a penal institution, hospital or any other
14institution or facility, and if confined, for a period of 10
15years after parole, discharge or release from any such
16facility. A sex offender who is allowed to leave a county,
17State, or federal facility for the purposes of work release,
18education, or overnight visitations shall be required to
19register within 3 days of beginning such a program. Liability
20for registration terminates at the expiration of 10 years from
21the date of conviction or adjudication if not confined to a
22penal institution, hospital or any other institution or
23facility and if confined, at the expiration of 10 years from
24the date of parole, discharge or release from any such
25facility, providing such person does not, during that period,
26again become liable to register under the provisions of this

 

 

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1Article. Reconfinement due to a violation of parole or other
2circumstances that relates to the original conviction or
3adjudication shall extend the period of registration to 10
4years after final parole, discharge, or release. Reconfinement
5due to a violation of parole, a conviction reviving
6registration, or other circumstances that do not relate to the
7original conviction or adjudication shall toll the running of
8the balance of the 10-year period of registration, which shall
9not commence running until after final parole, discharge, or
10release. The Director of State Police, consistent with
11administrative rules, shall extend for 10 years the
12registration period of any sex offender, as defined in Section
132 of this Act, who fails to comply with the provisions of this
14Article. The registration period for any sex offender who fails
15to comply with any provision of the Act shall extend the period
16of registration by 10 years beginning from the first date of
17registration after the violation. If the registration period is
18extended, the Department of State Police shall send a
19registered letter to the law enforcement agency where the sex
20offender resides within 3 days after the extension of the
21registration period. The sex offender shall report to that law
22enforcement agency and sign for that letter. One copy of that
23letter shall be kept on file with the law enforcement agency of
24the jurisdiction where the sex offender resides and one copy
25shall be returned to the Department of State Police.
26(Source: P.A. 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; 97-813,

 

 

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1eff. 7-13-12.)