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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 and 6 as follows:
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6 | (730 ILCS 150/2) (from Ch. 38, par. 222)
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7 | Sec. 2. Definitions.
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8 | (A) As used in this Article, "sex offender" means any | ||||||
9 | person who is:
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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:
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15 | (a) is convicted of such offense or an attempt to | ||||||
16 | commit such offense;
or
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17 | (b) is found not guilty by reason of insanity of | ||||||
18 | such offense or an
attempt to commit such offense; or
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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 | ||||||
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
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27 | offense; or
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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 |
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1 | such offense or of the attempted commission of such | ||||||
2 | offense; or
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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
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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
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14 | (3) subject to the provisions of Section 2 of the | ||||||
15 | Interstate
Agreements on Sexually Dangerous Persons Act; | ||||||
16 | or
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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
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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
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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.
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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. |
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1 | Any conviction set aside pursuant to law is
not a conviction | ||||||
2 | for purposes of this Article.
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3 |
For purposes of this Section, "convicted" shall have the | ||||||
4 | same meaning as
"adjudicated".
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5 | (B) As used in this Article, "sex offense" means:
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6 | (1) A violation of any of the following Sections of the | ||||||
7 | Criminal Code of
1961:
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8 | 11-20.1 (child pornography),
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9 | 11-6 (indecent solicitation of a child),
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10 | 11-9.1 (sexual exploitation of a child),
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11 | 11-15.1 (soliciting for a juvenile prostitute),
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12 | 11-18.1 (patronizing a juvenile prostitute),
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13 | 11-17.1 (keeping a place of juvenile | ||||||
14 | prostitution),
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15 | 11-19.1 (juvenile pimping),
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16 | 11-19.2 (exploitation of a child),
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17 | 12-13 (criminal sexual assault),
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18 | 12-14 (aggravated criminal sexual assault),
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19 | 12-14.1 (predatory criminal sexual assault of a | ||||||
20 | child),
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21 | 12-15 (criminal sexual abuse),
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22 | 12-16 (aggravated criminal sexual abuse),
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23 | 12-33 (ritualized abuse of a child).
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24 | An attempt to commit any of these offenses.
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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:
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30 | 10-1 (kidnapping),
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31 | 10-2 (aggravated kidnapping),
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32 | 10-3 (unlawful restraint),
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33 | 10-3.1 (aggravated unlawful restraint).
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34 | An attempt to commit any of these offenses.
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35 | (1.6) First degree murder under Section 9-1 of the | ||||||
36 | Criminal Code of 1961,
when the victim was a person under |
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1 | 18 years of age and , the defendant was at least
17 years of | ||||||
2 | age at the time of the commission of the offense , and the | ||||||
3 | offense
was committed on or after June 1, 1996 .
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4 | (1.7) (Blank).
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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
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8 | June 1, 1997.
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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
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14 | custodian of the child for other than a lawful purpose and | ||||||
15 | the offense was
committed on or after January 1, 1998.
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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:
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19 | 10-4 (forcible detention, if the victim is under 18 | ||||||
20 | years of age),
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21 | 11-6.5 (indecent solicitation of an adult),
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22 | 11-15 (soliciting for a prostitute, if the victim | ||||||
23 | is under 18 years
of age),
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24 | 11-16 (pandering, if the victim is under 18 years | ||||||
25 | of age),
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26 | 11-18 (patronizing a prostitute, if the victim is | ||||||
27 | under 18 years
of age),
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28 | 11-19 (pimping, if the victim is under 18 years of | ||||||
29 | age).
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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:
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34 | 11-9 (public indecency for a third or subsequent | ||||||
35 | conviction),
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36 | 11-9.2 (custodial sexual misconduct).
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1 | (1.12) A violation or attempted violation of Section
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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.
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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.
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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
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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.
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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.
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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 |
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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.
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6 | (E) As used in this Article, "sexual predator" means any | ||||||
7 | person who,
after July 1, 1999, is:
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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
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12 | conviction for the purpose of this Article.
Convicted of a | ||||||
13 | violation or attempted violation of any of the following
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14 | Sections of the
Criminal Code of 1961, if the conviction | ||||||
15 | occurred after July
1, 1999:
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16 | 11-17.1 (keeping a place of juvenile | ||||||
17 | prostitution),
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18 | 11-19.1 (juvenile pimping),
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19 | 11-19.2 (exploitation of a child),
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20 | 11-20.1 (child pornography),
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21 | 12-13 (criminal sexual assault, if the victim is a | ||||||
22 | person under 12
years of age),
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23 | 12-14 (aggravated criminal sexual assault),
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24 | 12-14.1 (predatory criminal sexual assault of a | ||||||
25 | child),
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26 | 12-16 (aggravated criminal sexual abuse),
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27 | 12-33 (ritualized abuse of a child); or
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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
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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
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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
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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
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10 | substantially similar
Illinois, federal, Uniform Code of | ||||||
11 | Military Justice, sister state, or
foreign country law.
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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.
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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.
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27 | (Source: P.A. 91-48, eff. 7-1-99; 92-828, eff. 8-22-02.)
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28 | (730 ILCS 150/6) (from Ch. 38, par. 226)
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29 | Sec. 6. Duty to report; change of address, school, or | ||||||
30 | employment; duty
to inform.
A person who has been adjudicated | ||||||
31 | to be sexually dangerous or is a sexually
violent person and is | ||||||
32 | later released, or found to be no longer sexually
dangerous or | ||||||
33 | no longer a sexually violent person and discharged, shall | ||||||
34 | report in
person to the law enforcement agency with whom he or | ||||||
35 | she last registered no
later than 90 days after the date of his |
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1 | or her last registration and every 90
days thereafter. Any | ||||||
2 | other person who is required to register under this
Article | ||||||
3 | shall report in person to the appropriate law enforcement | ||||||
4 | agency with
whom he or she last registered within one year from | ||||||
5 | the date of last
registration and every year thereafter. If any | ||||||
6 | person required to register
under this Article changes his or | ||||||
7 | her residence address, place of
employment,
or school, he or | ||||||
8 | she shall, in writing, within 10 days inform the law
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9 | enforcement agency
with whom he or she last registered of his | ||||||
10 | or her new address, change in
employment, or school and | ||||||
11 | register with the appropriate law enforcement
agency within the
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12 | time period specified in Section 3. The law enforcement agency | ||||||
13 | shall, within 3
days of receipt, notify the Department of State | ||||||
14 | Police and the law enforcement
agency having jurisdiction of | ||||||
15 | the new place of residence, change in
employment, or school.
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16 | If any person required to register under this Article | ||||||
17 | intends to establish
establishes a
residence or employment | ||||||
18 | outside of the State of Illinois, at least
within 10 days
| ||||||
19 | before
after establishing that residence or employment, he or | ||||||
20 | she shall, in writing,
inform the law enforcement agency with | ||||||
21 | which he or she last registered of his
or her out-of-state | ||||||
22 | intended residence or employment. The law enforcement agency | ||||||
23 | with
which such person last registered shall, within 3 days | ||||||
24 | notice of an address or
employment change, notify the | ||||||
25 | Department of State Police. The Department of
State Police | ||||||
26 | shall forward such information to the out-of-state law | ||||||
27 | enforcement
agency having jurisdiction in the form and manner | ||||||
28 | prescribed by the
Department of State Police.
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29 | (Source: P.A. 91-48, eff. 7-1-99; 91-394, eff. 1-1-00; 92-16, | ||||||
30 | eff.
6-28-01; 92-828, eff. 8-22-02.)
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31 | Section 99. Effective date. This Act takes effect upon | ||||||
32 | becoming law.
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