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1 | AN ACT concerning sex offenders.
| ||||||||||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||||||||
4 | Section 5. The Sex Offender Registration Act is amended by | ||||||||||||||||||||||||||||||||||||||
5 | changing Sections 2, 3, 7, 8, 8-5, and 11 as follows:
| ||||||||||||||||||||||||||||||||||||||
6 | (730 ILCS 150/2) (from Ch. 38, par. 222)
| ||||||||||||||||||||||||||||||||||||||
7 | Sec. 2. Definitions.
| ||||||||||||||||||||||||||||||||||||||
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
| ||||||||||||||||||||||||||||||||||||||
23 | (d) is the subject of a finding not resulting in an | ||||||||||||||||||||||||||||||||||||||
24 | acquittal at a
hearing conducted pursuant to Section | ||||||||||||||||||||||||||||||||||||||
25 | 104-25(a) of the Code of Criminal
Procedure of 1963 for | ||||||||||||||||||||||||||||||||||||||
26 | the alleged commission or attempted commission of such
| ||||||||||||||||||||||||||||||||||||||
27 | offense; or
| ||||||||||||||||||||||||||||||||||||||
28 | (e) is found not guilty by reason of insanity | ||||||||||||||||||||||||||||||||||||||
29 | following a hearing
conducted pursuant to a federal, | ||||||||||||||||||||||||||||||||||||||
30 | Uniform Code of Military Justice, sister
state, or | ||||||||||||||||||||||||||||||||||||||
31 | foreign country law
substantially similar to Section | ||||||||||||||||||||||||||||||||||||||
32 | 104-25(c) of the Code of Criminal Procedure
of 1963 of |
| |||||||
| |||||||
1 | such offense or of the attempted commission of such | ||||||
2 | offense; or
| ||||||
3 | (f) is the subject of a finding not resulting in an | ||||||
4 | acquittal at a
hearing conducted pursuant to a federal, | ||||||
5 | Uniform Code of Military Justice,
sister state, or | ||||||
6 | foreign country law
substantially similar to Section | ||||||
7 | 104-25(a) of the Code of Criminal Procedure
of 1963 for | ||||||
8 | the alleged violation or attempted commission of such | ||||||
9 | offense;
or
| ||||||
10 | (2) certified as a sexually dangerous person pursuant | ||||||
11 | to the Illinois
Sexually Dangerous Persons Act, or any | ||||||
12 | substantially similar federal, Uniform
Code of Military | ||||||
13 | Justice, sister
state, or foreign country law; or
| ||||||
14 | (3) subject to the provisions of Section 2 of the | ||||||
15 | Interstate
Agreements on Sexually Dangerous Persons Act; | ||||||
16 | or
| ||||||
17 | (4) found to be a sexually violent person pursuant to | ||||||
18 | the Sexually
Violent Persons Commitment Act or any | ||||||
19 | substantially similar federal, Uniform
Code of Military | ||||||
20 | Justice, sister
state, or foreign country law; or
| ||||||
21 | (5) adjudicated a juvenile delinquent as the result of | ||||||
22 | committing or
attempting to commit an act which, if | ||||||
23 | committed by an adult, would constitute
any of the offenses | ||||||
24 | specified in item (B), (C), or (C-5) of this Section or a
| ||||||
25 | violation of any substantially similar federal, Uniform | ||||||
26 | Code of Military
Justice, sister state, or foreign
country | ||||||
27 | law, or found guilty under Article V of the Juvenile Court | ||||||
28 | Act of 1987
of committing or attempting to commit an act | ||||||
29 | which, if committed by an adult,
would constitute any of | ||||||
30 | the offenses specified in item (B), (C), or (C-5) of
this | ||||||
31 | Section or a violation of any substantially similar | ||||||
32 | federal, Uniform Code
of Military Justice, sister state,
or | ||||||
33 | foreign country law.
| ||||||
34 | Convictions that result from or are connected with the same | ||||||
35 | act, or result
from offenses committed at the same time, shall | ||||||
36 | be counted for the purpose of
this Article as one conviction. |
| |||||||
| |||||||
1 | Any conviction set aside pursuant to law is
not a conviction | ||||||
2 | for purposes of this Article.
| ||||||
3 |
For purposes of this Section, "convicted" shall have the | ||||||
4 | same meaning as
"adjudicated".
| ||||||
5 | (B) As used in this Article, "sex offense" means:
| ||||||
6 | (1) A violation of any of the following Sections of the | ||||||
7 | Criminal Code of
1961:
| ||||||
8 | 11-20.1 (child pornography),
| ||||||
9 | 11-6 (indecent solicitation of a child),
| ||||||
10 | 11-9.1 (sexual exploitation of a child),
| ||||||
11 | 11-15.1 (soliciting for a juvenile prostitute),
| ||||||
12 | 11-18.1 (patronizing a juvenile prostitute),
| ||||||
13 | 11-17.1 (keeping a place of juvenile | ||||||
14 | prostitution),
| ||||||
15 | 11-19.1 (juvenile pimping),
| ||||||
16 | 11-19.2 (exploitation of a child),
| ||||||
17 | 12-13 (criminal sexual assault),
| ||||||
18 | 12-14 (aggravated criminal sexual assault),
| ||||||
19 | 12-14.1 (predatory criminal sexual assault of a | ||||||
20 | child),
| ||||||
21 | 12-15 (criminal sexual abuse),
| ||||||
22 | 12-16 (aggravated criminal sexual abuse),
| ||||||
23 | 12-33 (ritualized abuse of a child).
| ||||||
24 | An attempt to commit any of these offenses.
| ||||||
25 | (1.5) A violation of any of the following Sections of | ||||||
26 | the
Criminal Code of 1961, when the victim is a person | ||||||
27 | under 18 years of age, the
defendant is not a parent of the | ||||||
28 | victim, and the offense was committed on or
after January | ||||||
29 | 1, 1996:
| ||||||
30 | 10-1 (kidnapping),
| ||||||
31 | 10-2 (aggravated kidnapping),
| ||||||
32 | 10-3 (unlawful restraint),
| ||||||
33 | 10-3.1 (aggravated unlawful restraint).
| ||||||
34 | An attempt to commit any of these offenses.
| ||||||
35 | (1.6) First degree murder under Section 9-1 of the | ||||||
36 | Criminal Code of 1961,
when the victim was a person under |
| |||||||
| |||||||
1 | 18 years of age, the defendant was at least
17 years of age | ||||||
2 | at the time of the commission of the offense, and the | ||||||
3 | offense
was committed on or after June 1, 1996.
| ||||||
4 | (1.7) (Blank).
| ||||||
5 | (1.8) A violation or attempted violation of Section | ||||||
6 | 11-11 (sexual
relations within families) of the Criminal | ||||||
7 | Code of 1961, and the offense was committed on or after
| ||||||
8 | June 1, 1997.
| ||||||
9 | (1.9) Child abduction under paragraph (10) of | ||||||
10 | subsection
(b) of Section 10-5 of the Criminal Code of 1961 | ||||||
11 | committed by luring or
attempting to lure a child under the | ||||||
12 | age of 16 into a motor vehicle, building,
house trailer, or | ||||||
13 | dwelling place without the consent of the parent or lawful
| ||||||
14 | custodian of the child for other than a lawful purpose and | ||||||
15 | the offense was
committed on or after January 1, 1998.
| ||||||
16 | (1.10) A violation or attempted violation of any of the | ||||||
17 | following Sections
of the Criminal Code of 1961 when the | ||||||
18 | offense was committed on or after July
1, 1999:
| ||||||
19 | 10-4 (forcible detention, if the victim is under 18 | ||||||
20 | years of age),
| ||||||
21 | 11-6.5 (indecent solicitation of an adult),
| ||||||
22 | 11-15 (soliciting for a prostitute, if the victim | ||||||
23 | is under 18 years
of age),
| ||||||
24 | 11-16 (pandering, if the victim is under 18 years | ||||||
25 | of age),
| ||||||
26 | 11-18 (patronizing a prostitute, if the victim is | ||||||
27 | under 18 years
of age),
| ||||||
28 | 11-19 (pimping, if the victim is under 18 years of | ||||||
29 | age).
| ||||||
30 | (1.11) A violation or attempted violation of any of the | ||||||
31 | following
Sections of the Criminal Code of 1961 when the | ||||||
32 | offense was committed on or
after the effective date of | ||||||
33 | this amendatory Act of the 92nd General Assembly:
| ||||||
34 | 11-9 (public indecency for a third or subsequent | ||||||
35 | conviction),
| ||||||
36 | 11-9.2 (custodial sexual misconduct).
|
| |||||||
| |||||||
1 | (1.12) A violation or attempted violation of Section
| ||||||
2 | 5.1 of the Wrongs to Children Act (permitting sexual abuse) | ||||||
3 | when the
offense was committed on or after the effective | ||||||
4 | date of this amendatory Act of
the 92nd General Assembly.
| ||||||
5 | (2) A violation of any former law of this State | ||||||
6 | substantially equivalent
to any offense listed in | ||||||
7 | subsection (B) of this Section.
| ||||||
8 | (C) A conviction for an offense of federal law, Uniform | ||||||
9 | Code of Military
Justice, or the law of another state
or a | ||||||
10 | foreign country that is substantially equivalent to any offense | ||||||
11 | listed
in subsections (B), (C), and (E) of this Section shall
| ||||||
12 | constitute a
conviction for the purpose
of this Article. A | ||||||
13 | finding or adjudication as a sexually dangerous person
or a | ||||||
14 | sexually violent person under any federal law, Uniform Code of | ||||||
15 | Military
Justice, or the law of another state or
foreign | ||||||
16 | country that is substantially equivalent to the Sexually | ||||||
17 | Dangerous
Persons Act or the Sexually Violent Persons | ||||||
18 | Commitment Act shall constitute an
adjudication for the | ||||||
19 | purposes of this Article.
| ||||||
20 | (C-5) A person at least 17 years of age at the time of the | ||||||
21 | commission of
the offense who is convicted of first degree | ||||||
22 | murder under Section 9-1 of the
Criminal Code of 1961, | ||||||
23 | committed on or after June 1, 1996 against a person
under 18 | ||||||
24 | years of age, shall be required to register
for natural life.
A | ||||||
25 | conviction for an offense of federal, Uniform Code of Military | ||||||
26 | Justice,
sister state, or foreign country law that is | ||||||
27 | substantially equivalent to any
offense listed in subsection | ||||||
28 | (C-5) of this Section shall constitute a
conviction for the | ||||||
29 | purpose of this Article.
| ||||||
30 | (D) As used in this Article, "law enforcement agency having | ||||||
31 | jurisdiction"
means the Chief of Police in each of the | ||||||
32 | municipalities in which the sex offender
expects to reside, | ||||||
33 | work, or attend school (1) upon his or her discharge,
parole or | ||||||
34 | release or
(2) during the service of his or her sentence of | ||||||
35 | probation or conditional
discharge, or the Sheriff of the | ||||||
36 | county, in the event no Police Chief exists
or if the offender |
| |||||||
| |||||||
1 | intends to reside, work, or attend school in an
unincorporated | ||||||
2 | area.
"Law enforcement agency having jurisdiction" includes | ||||||
3 | the location where
out-of-state students attend school and | ||||||
4 | where out-of-state employees are
employed or are otherwise | ||||||
5 | required to register.
| ||||||
6 | (E) As used in this Article, "sexual predator" means any | ||||||
7 | person who,
after July 1, 1999, is:
| ||||||
8 | (1) Convicted for an offense of federal, Uniform Code | ||||||
9 | of Military
Justice, sister state, or foreign country law | ||||||
10 | that is substantially equivalent
to any offense listed in | ||||||
11 | subsection (E) of this Section shall constitute a
| ||||||
12 | conviction for the purpose of this Article.
Convicted of a | ||||||
13 | violation or attempted violation of any of the following
| ||||||
14 | Sections of the
Criminal Code of 1961, if the conviction | ||||||
15 | occurred after July
1, 1999:
| ||||||
16 | 11-17.1 (keeping a place of juvenile | ||||||
17 | prostitution),
| ||||||
18 | 11-19.1 (juvenile pimping),
| ||||||
19 | 11-19.2 (exploitation of a child),
| ||||||
20 | 11-20.1 (child pornography),
| ||||||
21 | 12-13 (criminal sexual assault, if the victim is a | ||||||
22 | person under 12
years of age),
| ||||||
23 | 12-14 (aggravated criminal sexual assault),
| ||||||
24 | 12-14.1 (predatory criminal sexual assault of a | ||||||
25 | child),
| ||||||
26 | 12-16 (aggravated criminal sexual abuse),
| ||||||
27 | 12-33 (ritualized abuse of a child); or
| ||||||
28 | (2) convicted of first degree murder under Section 9-1 | ||||||
29 | of the Criminal
Code of 1961, when the victim was a person | ||||||
30 | under 18 years of age and the
defendant was at least 17 | ||||||
31 | years of age at the time of the commission of the
offense; | ||||||
32 | or
| ||||||
33 | (3) certified as a sexually dangerous person pursuant | ||||||
34 | to the Sexually
Dangerous Persons Act or any substantially | ||||||
35 | similar federal, Uniform Code of
Military Justice, sister | ||||||
36 | state, or
foreign country law; or
|
| |||||||
| |||||||
1 | (4) found to be a sexually violent person pursuant to | ||||||
2 | the Sexually Violent
Persons Commitment Act or any | ||||||
3 | substantially similar federal, Uniform Code of
Military | ||||||
4 | Justice, sister state, or
foreign country law; or
| ||||||
5 | (5) convicted of a second or subsequent offense which | ||||||
6 | requires
registration pursuant to this Act. The conviction | ||||||
7 | for the second or subsequent
offense must have occurred | ||||||
8 | after July 1, 1999. For purposes of this paragraph
(5), | ||||||
9 | "convicted" shall include a conviction under any
| ||||||
10 | substantially similar
Illinois, federal, Uniform Code of | ||||||
11 | Military Justice, sister state, or
foreign country law.
| ||||||
12 | (F) As used in this Article, "out-of-state student" means | ||||||
13 | any sex
offender, as defined in this Section,
or sexual | ||||||
14 | predator who is enrolled in Illinois, on a full-time or | ||||||
15 | part-time
basis, in any public or private educational | ||||||
16 | institution, including, but not
limited to, any secondary | ||||||
17 | school, trade or professional institution, or
institution of | ||||||
18 | higher learning.
| ||||||
19 | (G) As used in this Article, "out-of-state employee" means | ||||||
20 | any sex
offender, as defined in this Section,
or sexual | ||||||
21 | predator who works in Illinois, regardless of whether the | ||||||
22 | individual
receives payment for services performed, for a | ||||||
23 | period of time of 10 or more days
or for an aggregate period of | ||||||
24 | time of 30 or more days
during any calendar year.
Persons who | ||||||
25 | operate motor vehicles in the State accrue one day of | ||||||
26 | employment
time for any portion of a day spent in Illinois.
| ||||||
27 | (Source: P.A. 91-48, eff. 7-1-99; 92-828, eff. 8-22-02.)
| ||||||
28 | (730 ILCS 150/3) (from Ch. 38, par. 223) | ||||||
29 | Sec. 3. Duty to register.
| ||||||
30 | (a) A sex offender, as defined in Section 2 of this Act, or | ||||||
31 | sexual
predator shall, within the time period
prescribed in | ||||||
32 | subsections (b) and (c), register in person
and provide | ||||||
33 | accurate information as required by the Department of State
| ||||||
34 | Police. Such information shall include current address,
| ||||||
35 | current place of employment, and school , and institution of |
| |||||||
| |||||||
1 | higher education attended. The sex offender or
sexual predator | ||||||
2 | shall register:
| ||||||
3 | (1) with the chief of police in each of the | ||||||
4 | municipality
municipalities in which he or she
attends | ||||||
5 | school, is employed,
resides or is temporarily domiciled | ||||||
6 | for a period of time of 10 or more
days, unless the
| ||||||
7 | municipality is the City of Chicago, in which case he or | ||||||
8 | she shall register
at the Chicago Police Department | ||||||
9 | Headquarters; or
| ||||||
10 | (2) with the sheriff in each of the county
counties in | ||||||
11 | which
he or she attends school, is
employed, resides or is
| ||||||
12 | temporarily domiciled
in an unincorporated
area for a | ||||||
13 | period of time of 10 or more days or, if incorporated, no | ||||||
14 | police chief exists ; .
| ||||||
15 | (3) with the chief of police in the municipality in | ||||||
16 | which he or she attends or is employed at an institution of | ||||||
17 | higher education, unless the municipality is the City of | ||||||
18 | Chicago, in which case he or she shall register at the | ||||||
19 | Chicago Police Department Headquarters; or | ||||||
20 | (4) with the sheriff in the county in which he or she | ||||||
21 | attends or is employed at an institution of higher | ||||||
22 | education located in an unincorporated area, or if | ||||||
23 | incorporated, no police chief exists.
| ||||||
24 | For purposes of this Article, the place of residence or | ||||||
25 | temporary
domicile is defined as any and all places where the | ||||||
26 | sex offender resides
for an aggregate period of time of 10 or | ||||||
27 | more days during any calendar year.
| ||||||
28 | The sex offender or sexual predator shall provide accurate | ||||||
29 | information
as required by the Department of State Police. That | ||||||
30 | information shall include
the sex offender's or sexual | ||||||
31 | predator's current place of employment.
| ||||||
32 | (a-5) An out-of-state student or out-of-state employee | ||||||
33 | shall,
within 10 days after beginning school or employment in | ||||||
34 | this State,
register in person and provide accurate information | ||||||
35 | as required by the
Department of State Police. Such information | ||||||
36 | will include current place of
employment, school , institution |
| |||||||
| |||||||
1 | of higher education attended, and address in state of | ||||||
2 | residence . The out-of-state student or out-of-state employee | ||||||
3 | shall register :
| ||||||
4 | (1) with the chief of police in each of the | ||||||
5 | municipality
municipalities in which he or she attends | ||||||
6 | school or is employed for a period of time of 10
or more | ||||||
7 | days or for an
aggregate period of time of more than 30 | ||||||
8 | days during any
calendar year, unless the
municipality is | ||||||
9 | the City of Chicago, in which case he or she shall register | ||||||
10 | at
the Chicago Police Department Headquarters; or
| ||||||
11 | (2) with the sheriff in each of the county
counties in | ||||||
12 | which
he or she attends school or is
employed for a period | ||||||
13 | of time of 10 or more days or
for an aggregate period of
| ||||||
14 | time of more than 30 days during any calendar year in an
| ||||||
15 | unincorporated area
or, if incorporated, no police chief | ||||||
16 | exists ; .
| ||||||
17 | (3) with the chief of police in the municipality in | ||||||
18 | which he or she attends or is employed at an institution of | ||||||
19 | higher education, unless the municipality is the City of | ||||||
20 | Chicago, in which case he or she shall register at the | ||||||
21 | Chicago Police Department Headquarters; or | ||||||
22 | (4) with the sheriff in the county in which he or she | ||||||
23 | attends or is employed at an institution of higher | ||||||
24 | education located in an unincorporated area or, if | ||||||
25 | incorporated, no police chief exists.
| ||||||
26 | The out-of-state student or out-of-state employee shall | ||||||
27 | provide accurate
information as required by the Department of | ||||||
28 | State Police. That information
shall include the out-of-state | ||||||
29 | student's current place of school attendance , attendance at an | ||||||
30 | institution of higher education, or
the out-of-state | ||||||
31 | employee's current place of employment.
| ||||||
32 | (b) Any sex offender, as defined in Section 2 of this Act, | ||||||
33 | or sexual
predator, regardless of any initial,
prior, or other | ||||||
34 | registration, shall, within 10 days of beginning school, | ||||||
35 | institution of higher education,
or establishing a
residence, | ||||||
36 | place of employment, or temporary domicile in
any county, |
| |||||||
| |||||||
1 | register in person as set forth in subsection (a)
or (a-5).
| ||||||
2 | (c) The registration for any person required to register | ||||||
3 | under this
Article shall be as follows:
| ||||||
4 | (1) Any person registered under the Habitual Child Sex | ||||||
5 | Offender
Registration Act or the Child Sex Offender | ||||||
6 | Registration Act prior to January
1, 1996, shall be deemed | ||||||
7 | initially registered as of January 1, 1996; however,
this | ||||||
8 | shall not be construed to extend the duration of | ||||||
9 | registration set forth
in Section 7.
| ||||||
10 | (2) Except as provided in subsection (c)(4), any person | ||||||
11 | convicted or
adjudicated prior to January 1, 1996, whose | ||||||
12 | liability for registration under
Section 7 has not expired, | ||||||
13 | shall register in person prior to January 31,
1996.
| ||||||
14 | (2.5) Except as provided in subsection (c)(4), any | ||||||
15 | person who has not
been notified of his or her | ||||||
16 | responsibility to register shall be notified by a
criminal | ||||||
17 | justice entity of his or her responsibility to register. | ||||||
18 | Upon
notification the person must then register within 10 | ||||||
19 | days of notification of
his or her requirement to register. | ||||||
20 | If notification is not made within the
offender's 10 year | ||||||
21 | registration requirement, and the Department of State
| ||||||
22 | Police determines no evidence exists or indicates the | ||||||
23 | offender attempted to
avoid registration, the offender | ||||||
24 | will no longer be required to register under
this Act.
| ||||||
25 | (3) Except as provided in subsection (c)(4), any person | ||||||
26 | convicted on
or after January 1, 1996, shall register in | ||||||
27 | person within 10 days after the
entry of the sentencing | ||||||
28 | order based upon his or her conviction.
| ||||||
29 | (4) Any person unable to comply with the registration | ||||||
30 | requirements of
this Article because he or she is confined, | ||||||
31 | institutionalized,
or imprisoned in Illinois on or after | ||||||
32 | January 1, 1996, shall register in person
within 10 days of | ||||||
33 | discharge, parole or release.
| ||||||
34 | (5) The person shall provide positive identification | ||||||
35 | and documentation
that substantiates proof of residence at | ||||||
36 | the registering address.
|
| |||||||
| |||||||
1 | (6) The person shall pay a $20
initial registration fee | ||||||
2 | and
a $10
annual
renewal fee. The fees shall be used by the | ||||||
3 | registering agency for official
purposes. The agency shall | ||||||
4 | establish procedures to document receipt and use
of the | ||||||
5 | funds.
The law enforcement agency having jurisdiction may | ||||||
6 | waive the registration fee
if it determines that the person | ||||||
7 | is indigent and unable to pay the registration
fee.
Ten | ||||||
8 | dollars for the initial registration fee and $5 of the | ||||||
9 | annual renewal fee
shall be used by the registering agency | ||||||
10 | for official purposes. Ten dollars of
the initial | ||||||
11 | registration fee and $5 of the annual fee shall be | ||||||
12 | deposited into
the Sex Offender Management Board Fund under | ||||||
13 | Section 19 of the Sex Offender
Management Board Act. Money | ||||||
14 | deposited into the Sex Offender Management Board
Fund shall | ||||||
15 | be administered by the Sex Offender Management Board and | ||||||
16 | shall be
used to
fund practices endorsed or required by the | ||||||
17 | Sex Offender Management Board Act
including but not limited | ||||||
18 | to sex offenders evaluation, treatment, or
monitoring | ||||||
19 | programs that are or may be developed, as well as for
| ||||||
20 | administrative costs, including staff, incurred by the | ||||||
21 | Board.
| ||||||
22 | (d) Within 10 days after obtaining or changing employment | ||||||
23 | and, if employed
on January 1, 2000, within 10 days after that | ||||||
24 | date, a person required to
register under this Section must | ||||||
25 | report, in person or in writing to the law
enforcement agency | ||||||
26 | having jurisdiction, the business name and address where he
or | ||||||
27 | she is employed. If the person has multiple businesses or work | ||||||
28 | locations,
every business and work location must be reported to | ||||||
29 | the law enforcement agency
having jurisdiction.
| ||||||
30 | (Source: P.A. 92-828, eff. 8-22-02; 93-616, eff. 1-1-04.)
| ||||||
31 | (730 ILCS 150/7) (from Ch. 38, par. 227)
| ||||||
32 | Sec. 7. Duration of registration. A person who has been | ||||||
33 | adjudicated to
be
sexually dangerous and is later released or | ||||||
34 | found to be no longer sexually
dangerous and discharged, shall | ||||||
35 | register for the period of his or her natural
life.
A sexually |
| |||||||
| |||||||
1 | violent person or sexual predator shall register for the period | ||||||
2 | of
his or her natural life
after conviction or adjudication if | ||||||
3 | not confined to a penal institution,
hospital, or other | ||||||
4 | institution or facility, and if confined, for
the period of his | ||||||
5 | or her natural life after parole, discharge, or release from
| ||||||
6 | any such facility.
Any other person who is required to register
| ||||||
7 | under this Article shall be required to register for a period | ||||||
8 | of 10 years after
conviction or adjudication if not confined to | ||||||
9 | a penal institution, hospital
or any other
institution or | ||||||
10 | facility, and if confined, for a period of 10 years after
| ||||||
11 | parole, discharge or release from any such facility. A sex | ||||||
12 | offender who is
allowed to leave a county, State, or federal | ||||||
13 | facility for the purposes of work
release, education, or | ||||||
14 | overnight visitations shall be required
to register within 10 | ||||||
15 | days of beginning such a program. Liability for
registration | ||||||
16 | terminates at the expiration of 10 years from the date of
| ||||||
17 | conviction or adjudication if not confined to a penal | ||||||
18 | institution, hospital
or any other
institution or facility and | ||||||
19 | if confined, at the expiration of 10 years from the
date of | ||||||
20 | parole, discharge or release from any such facility, providing | ||||||
21 | such
person does not, during that period, again
become
liable
| ||||||
22 | to register under the provisions of this Article.
Reconfinement | ||||||
23 | due to a violation of parole or other circumstances that | ||||||
24 | relates to the original conviction or adjudication shall extend | ||||||
25 | the period of registration to 10 years after final parole, | ||||||
26 | discharge, or release. The Director of State Police, consistent | ||||||
27 | with administrative rules, shall
extend for 10 years the | ||||||
28 | registration period of any sex offender, as defined
in Section | ||||||
29 | 2 of this Act, who fails to
comply with the provisions of this | ||||||
30 | Article. The registration period for any sex offender who fails | ||||||
31 | to comply with any provision of the Act shall extend the period | ||||||
32 | of registration by 10 years beginning from the first date of | ||||||
33 | registration after the violation.
| ||||||
34 | (Source: P.A. 91-48, eff. 7-1-99; 92-828, eff. 8-22-02.)
| ||||||
35 | (730 ILCS 150/8) (from Ch. 38, par. 228)
|
| |||||||
| |||||||
1 | Sec. 8. Registration Requirements. Registration as | ||||||
2 | required by this
Article shall consist of a statement in | ||||||
3 | writing signed by the person giving the
information that is | ||||||
4 | required by the Department of State Police, which may
include | ||||||
5 | the fingerprints and must include a current photograph of the | ||||||
6 | person. The
registration
information must include whether the | ||||||
7 | person is a sex offender as
defined
in the Sex Offender and | ||||||
8 | Child Murderer Community Notification
Law. Within 3
days, the
| ||||||
9 | registering law enforcement agency shall forward any
required | ||||||
10 | information to the Department of State Police. The registering
| ||||||
11 | law enforcement agency shall
enter the information into the Law | ||||||
12 | Enforcement Agencies Data System (LEADS) as
provided in | ||||||
13 | Sections 6 and 7 of the Intergovernmental Missing Child | ||||||
14 | Recovery
Act of 1984.
| ||||||
15 | (Source: P.A. 90-193, eff. 7-24-97; 91-224, eff. 7-1-00.)
| ||||||
16 | (730 ILCS 150/8-5)
| ||||||
17 | Sec. 8-5. Address verification requirements. The agency | ||||||
18 | having
jurisdiction
shall verify the
address of sex offenders, | ||||||
19 | as defined in Section 2 of this Act, or sexual
predators | ||||||
20 | required to register with their
agency at least once per | ||||||
21 | calendar year. The verification must be documented in
LEADS in | ||||||
22 | the form and manner required by the Department of State Police.
| ||||||
23 | (Source: P.A. 91-48, eff. 7-1-99; 92-828, eff. 8-22-02.)
| ||||||
24 | (730 ILCS 150/11)
| ||||||
25 | Sec. 11. Sex offender registration fund. There is created | ||||||
26 | the Sex
Offender Registration Fund. Moneys in the Fund shall be | ||||||
27 | used to cover costs
incurred by the criminal justice system to | ||||||
28 | administer this Article. The
Department of State Police shall | ||||||
29 | establish and promulgate rules and procedures
regarding the | ||||||
30 | administration of this Fund. Fifty percent
At least 50% of the | ||||||
31 | moneys
in the Fund shall be allocated by the Department for | ||||||
32 | sheriffs' offices and
police departments. The remaining moneys | ||||||
33 | in the Fund shall be allocated to the Illinois State Police Sex | ||||||
34 | Offender Registration Unit for education and administration of |
| |||||||
| |||||||
1 | the Act.
| ||||||
2 | (Source: P.A. 90-193, eff. 7-24-97.)
| ||||||
3 | Section 10. The Sex Offender and Child Murderer Community | ||||||
4 | Notification Law is amended by changing Sections 105 and 115 as | ||||||
5 | follows:
| ||||||
6 | (730 ILCS 152/105)
| ||||||
7 | Sec. 105. Definitions. As used in this Article, the | ||||||
8 | following
definitions apply:
| ||||||
9 | "Child care facilities" has the meaning set forth in the | ||||||
10 | Child Care Act of
1969, but does not include licensed foster | ||||||
11 | homes.
| ||||||
12 | "Law enforcement agency having jurisdiction"
means the | ||||||
13 | Chief of Police in the municipality in which the sex
offender
| ||||||
14 | expects to reside (1) upon his or her discharge, parole or | ||||||
15 | release or
(2) during the service of his or her sentence of | ||||||
16 | probation or conditional
discharge, or the Sheriff of the | ||||||
17 | county, in the event no Police Chief exists or
if the offender | ||||||
18 | intends to reside in an unincorporated area.
"Law enforcement | ||||||
19 | agency having jurisdiction" includes the location where
| ||||||
20 | out-of-state students attend school and where
out-of-state | ||||||
21 | employees are employed or are otherwise required to register.
| ||||||
22 | "Sex offender" means any sex offender as defined
in the Sex | ||||||
23 | Offender Registration Act whose offense or adjudication as a
| ||||||
24 | sexually dangerous person occurred on or after June 1, 1996, | ||||||
25 | and whose
victim
was under the age of 18 at the time the | ||||||
26 | offense was committed but does not
include the offenses set | ||||||
27 | forth in subsection (b)(1.5) of Section 2 of that Act;
and any | ||||||
28 | sex offender as defined in the Sex Offender Registration Act | ||||||
29 | whose
offense or adjudication as a sexually dangerous person | ||||||
30 | occurred on or after
June 1, 1997, and whose victim was 18 | ||||||
31 | years of age or older at the time the
offense was committed but | ||||||
32 | does not include the offenses set forth in subsection
(b)(1.5) | ||||||
33 | of Section 2 of that Act.
| ||||||
34 | "Sex offender" also means any sex offender as defined in
|
| |||||||
| |||||||
1 | the Sex Offender Registration Act whose offense or adjudication | ||||||
2 | as a sexually
dangerous person occurred before June 1, 1996, | ||||||
3 | and whose victim was under
the
age of 18 at the time the | ||||||
4 | offense was committed but does not include the
offenses set | ||||||
5 | forth in subsection (b)(1.5) of Section 2 of that Act; and any | ||||||
6 | sex
offender
as defined in the Sex Offender Registration Act | ||||||
7 | whose offense or adjudication
as a sexually dangerous person | ||||||
8 | occurred before June 1, 1997, and whose
victim
was 18 years of | ||||||
9 | age or older at the time the offense was committed but does not
| ||||||
10 | include the offenses set forth in subsection (b)(1.5) of | ||||||
11 | Section 2 of that
Act.
| ||||||
12 | "Adjudicated juvenile delinquent"
"Juvenile sex offender"
| ||||||
13 | means any person who is adjudicated a juvenile
delinquent as | ||||||
14 | the result of the commission of or attempt to commit a | ||||||
15 | violation
set
forth in item (B), (C), or (C-5) of Section 2 of | ||||||
16 | the Sex Offender Registration
Act, or a
violation of any | ||||||
17 | substantially similar federal, Uniform Code of Military
| ||||||
18 | Justice, sister state, or foreign
country law, and whose | ||||||
19 | adjudication occurred on or after the effective date of
this | ||||||
20 | amendatory Act of the 91st General Assembly.
| ||||||
21 | (Source: P.A. 91-48, eff. 7-1-99; 92-828, eff. 8-22-02.)
| ||||||
22 | (730 ILCS 152/115)
| ||||||
23 | Sec. 115. Sex offender database.
| ||||||
24 | (a) The Department of State Police
shall establish and | ||||||
25 | maintain a Statewide Sex Offender Database for
the
purpose of | ||||||
26 | identifying sex offenders and making that information
| ||||||
27 | available to the persons specified in Sections 120 and 125 of | ||||||
28 | this Law. The
Database shall be created from the Law | ||||||
29 | Enforcement Agencies Data System (LEADS)
established under | ||||||
30 | Section 6 of the Intergovernmental Missing Child Recovery Act
| ||||||
31 | of 1984. The Department of State Police shall examine its LEADS | ||||||
32 | database for
persons registered as sex offenders under the Sex | ||||||
33 | Offender Registration Act and
shall identify those who are sex | ||||||
34 | offenders and shall add all the
information, including | ||||||
35 | photographs if available, on those sex offenders to
the |
| |||||||
| |||||||
1 | Statewide Sex
Offender
Database.
| ||||||
2 | (b) The Department of State Police must make the | ||||||
3 | information contained in
the
Statewide Sex Offender Database | ||||||
4 | accessible on the Internet by means of a
hyperlink
labeled "Sex | ||||||
5 | Offender Information" on the Department's World Wide Web home
| ||||||
6 | page. The Department of State Police must update that | ||||||
7 | information as it deems
necessary.
| ||||||
8 | The Department of State Police may require that a person | ||||||
9 | who seeks access to
the sex
offender information submit | ||||||
10 | biographical information about himself or
herself before
| ||||||
11 | permitting access to the sex offender information. The | ||||||
12 | Department of State
Police may
limit access
to the sex offender | ||||||
13 | information to information about sex offenders who reside
| ||||||
14 | within a
specified geographic
area in proximity to the address | ||||||
15 | of
the person
seeking that information. The Department of State | ||||||
16 | Police must promulgate rules
in accordance with the Illinois | ||||||
17 | Administrative Procedure
Act to implement this
subsection
(b)
| ||||||
18 | and those rules must include procedures to ensure that the | ||||||
19 | information in the
database is accurate.
| ||||||
20 | (c) The Department of State Police, Sex Offender | ||||||
21 | Registration Unit, must develop and conduct training to educate | ||||||
22 | all those entities involved in the Sex Offender Registration | ||||||
23 | Program.
| ||||||
24 | (Source: P.A. 90-193, eff. 7-24-97; 91-224, eff. 7-1-00.)
| ||||||
25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law.
|