|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning criminal law.
| ||||||
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 and 3 and by adding Section 3-5 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 |
| |||||||
| |||||||
1 | acquittal at a
hearing conducted pursuant to Section | ||||||
2 | 104-25(a) of the Code of Criminal
Procedure of 1963 for | ||||||
3 | the alleged commission or attempted commission of such
| ||||||
4 | offense; or
| ||||||
5 | (e) is found not guilty by reason of insanity | ||||||
6 | following a hearing
conducted pursuant to a federal, | ||||||
7 | Uniform Code of Military Justice, sister
state, or | ||||||
8 | foreign country law
substantially similar to Section | ||||||
9 | 104-25(c) of the Code of Criminal Procedure
of 1963 of | ||||||
10 | such offense or of the attempted commission of such | ||||||
11 | offense; or
| ||||||
12 | (f) is the subject of a finding not resulting in an | ||||||
13 | acquittal at a
hearing conducted pursuant to a federal, | ||||||
14 | Uniform Code of Military Justice,
sister state, or | ||||||
15 | foreign country law
substantially similar to Section | ||||||
16 | 104-25(a) of the Code of Criminal Procedure
of 1963 for | ||||||
17 | the alleged violation or attempted commission of such | ||||||
18 | offense;
or
| ||||||
19 | (2) certified as a sexually dangerous person pursuant | ||||||
20 | to the Illinois
Sexually Dangerous Persons Act, or any | ||||||
21 | substantially similar federal, Uniform
Code of Military | ||||||
22 | Justice, sister
state, or foreign country law; or
| ||||||
23 | (3) subject to the provisions of Section 2 of the | ||||||
24 | Interstate
Agreements on Sexually Dangerous Persons Act; | ||||||
25 | or
| ||||||
26 | (4) found to be a sexually violent person pursuant to |
| |||||||
| |||||||
1 | the Sexually
Violent Persons Commitment Act or any | ||||||
2 | substantially similar federal, Uniform
Code of Military | ||||||
3 | Justice, sister
state, or foreign country law; or
| ||||||
4 | (5) adjudicated a juvenile delinquent as the result of | ||||||
5 | committing or
attempting to commit an act which, if | ||||||
6 | committed by an adult, would constitute
any of the offenses | ||||||
7 | specified in item (B), (C), or (C-5) of this Section or a
| ||||||
8 | violation of any substantially similar federal, Uniform | ||||||
9 | Code of Military
Justice, sister state, or foreign
country | ||||||
10 | law, or found guilty under Article V of the Juvenile Court | ||||||
11 | Act of 1987
of committing or attempting to commit an act | ||||||
12 | which, if committed by an adult,
would constitute any of | ||||||
13 | the offenses specified in item (B), (C), or (C-5) of
this | ||||||
14 | Section or a violation of any substantially similar | ||||||
15 | federal, Uniform Code
of Military Justice, sister state,
or | ||||||
16 | foreign country law.
| ||||||
17 | Convictions that result from or are connected with the same | ||||||
18 | act, or result
from offenses committed at the same time, shall | ||||||
19 | be counted for the purpose of
this Article as one conviction. | ||||||
20 | Any conviction set aside pursuant to law is
not a conviction | ||||||
21 | for purposes of this Article.
| ||||||
22 |
For purposes of this Section, "convicted" shall have the | ||||||
23 | same meaning as
"adjudicated". For the purposes of this | ||||||
24 | Article, a person who is defined as a sex offender as a result | ||||||
25 | of being adjudicated a juvenile delinquent under paragraph (5) | ||||||
26 | of this subsection (A) upon attaining 17 years of age shall be |
| |||||||
| |||||||
1 | considered as having committed the sex offense on or after the | ||||||
2 | sex offender's 17th birthday. Registration of juveniles upon | ||||||
3 | attaining 17 years of age shall not extend the original | ||||||
4 | registration of 10 years from the date of conviction.
| ||||||
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 | 11-9.2 (custodial sexual misconduct),
| ||||||
12 | 11-9.5 (sexual misconduct with a person with a | ||||||
13 | disability),
| ||||||
14 | 11-15.1 (soliciting for a juvenile prostitute),
| ||||||
15 | 11-18.1 (patronizing a juvenile prostitute),
| ||||||
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 | 12-13 (criminal sexual assault),
| ||||||
21 | 12-14 (aggravated criminal sexual assault),
| ||||||
22 | 12-14.1 (predatory criminal sexual assault of a | ||||||
23 | child),
| ||||||
24 | 12-15 (criminal sexual abuse),
| ||||||
25 | 12-16 (aggravated criminal sexual abuse),
| ||||||
26 | 12-33 (ritualized abuse of a child).
|
| |||||||
| |||||||
1 | An attempt to commit any of these offenses.
| ||||||
2 | (1.5)
A violation of any of the following Sections of | ||||||
3 | the
Criminal Code of 1961, when the victim is a person | ||||||
4 | under 18 years of age, the
defendant is not a parent of the | ||||||
5 | victim, the offense was sexually motivated as defined in | ||||||
6 | Section 10 of the Sex Offender Management Board Act, and | ||||||
7 | the offense was committed on or
after January 1, 1996:
| ||||||
8 | 10-1 (kidnapping),
| ||||||
9 | 10-2 (aggravated kidnapping),
| ||||||
10 | 10-3 (unlawful restraint),
| ||||||
11 | 10-3.1 (aggravated unlawful restraint).
| ||||||
12 | (1.6)
First degree murder under Section 9-1 of the | ||||||
13 | Criminal Code of 1961,
when the victim was a person under | ||||||
14 | 18 years of age and the defendant was at least
17 years of | ||||||
15 | age at the time of the commission of the offense, provided | ||||||
16 | the offense was sexually motivated as defined in Section 10 | ||||||
17 | of the Sex Offender Management Board Act.
| ||||||
18 | (1.7) (Blank).
| ||||||
19 | (1.8) A violation or attempted violation of Section | ||||||
20 | 11-11 (sexual
relations within families) of the Criminal | ||||||
21 | Code of 1961, and the offense was committed on or after
| ||||||
22 | June 1, 1997.
| ||||||
23 | (1.9) Child abduction under paragraph (10) of | ||||||
24 | subsection
(b) of Section 10-5 of the Criminal Code of 1961 | ||||||
25 | committed by luring or
attempting to lure a child under the | ||||||
26 | age of 16 into a motor vehicle, building,
house trailer, or |
| |||||||
| |||||||
1 | dwelling place without the consent of the parent or lawful
| ||||||
2 | custodian of the child for other than a lawful purpose and | ||||||
3 | the offense was
committed on or after January 1, 1998, | ||||||
4 | provided the offense was sexually motivated as defined in | ||||||
5 | Section 10 of the Sex Offender Management Board Act.
| ||||||
6 | (1.10) A violation or attempted violation of any of the | ||||||
7 | following Sections
of the Criminal Code of 1961 when the | ||||||
8 | offense was committed on or after July
1, 1999:
| ||||||
9 | 10-4 (forcible detention, if the victim is under 18 | ||||||
10 | years of age), provided the offense was sexually | ||||||
11 | motivated as defined in Section 10 of the Sex Offender | ||||||
12 | Management Board Act,
| ||||||
13 | 11-6.5 (indecent solicitation of an adult),
| ||||||
14 | 11-15 (soliciting for a prostitute, if the victim | ||||||
15 | is under 18 years
of age),
| ||||||
16 | 11-16 (pandering, if the victim is under 18 years | ||||||
17 | of age),
| ||||||
18 | 11-18 (patronizing a prostitute, if the victim is | ||||||
19 | under 18 years
of age),
| ||||||
20 | 11-19 (pimping, if the victim is under 18 years of | ||||||
21 | age).
| ||||||
22 | (1.11) A violation or attempted violation of any of the | ||||||
23 | following
Sections of the Criminal Code of 1961 when the | ||||||
24 | offense was committed on or
after August 22, 2002:
| ||||||
25 | 11-9 (public indecency for a third or subsequent | ||||||
26 | conviction).
|
| |||||||
| |||||||
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 August 22, 2002.
| ||||||
4 | (2) A violation of any former law of this State | ||||||
5 | substantially equivalent
to any offense listed in | ||||||
6 | subsection (B) of this Section.
| ||||||
7 | (C) A conviction for an offense of federal law, Uniform | ||||||
8 | Code of Military
Justice, or the law of another state
or a | ||||||
9 | foreign country that is substantially equivalent to any offense | ||||||
10 | listed
in subsections (B), (C), and (E) of this Section shall
| ||||||
11 | constitute a
conviction for the purpose
of this Article. A | ||||||
12 | finding or adjudication as a sexually dangerous person
or a | ||||||
13 | sexually violent person under any federal law, Uniform Code of | ||||||
14 | Military
Justice, or the law of another state or
foreign | ||||||
15 | country that is substantially equivalent to the Sexually | ||||||
16 | Dangerous
Persons Act or the Sexually Violent Persons | ||||||
17 | Commitment Act shall constitute an
adjudication for the | ||||||
18 | purposes of this Article.
| ||||||
19 | (C-5) A person at least 17 years of age at the time of the | ||||||
20 | commission of
the offense who is convicted of first degree | ||||||
21 | murder under Section 9-1 of the
Criminal Code of 1961, against | ||||||
22 | a person
under 18 years of age, shall be required to register
| ||||||
23 | for natural life.
A conviction for an offense of federal, | ||||||
24 | Uniform Code of Military Justice,
sister state, or foreign | ||||||
25 | country law that is substantially equivalent to any
offense | ||||||
26 | listed in subsection (C-5) of this Section shall constitute a
|
| |||||||
| |||||||
1 | conviction for the purpose of this Article. This subsection | ||||||
2 | (C-5) applies to a person who committed the offense before June | ||||||
3 | 1, 1996 only if the person is incarcerated in an Illinois | ||||||
4 | Department of Corrections facility on August 20, 2004 (the | ||||||
5 | effective date of Public Act 93-977).
| ||||||
6 | (D) As used in this Article, "law enforcement agency having | ||||||
7 | jurisdiction"
means the Chief of Police in each of the | ||||||
8 | municipalities in which the sex offender
expects to reside, | ||||||
9 | work, or attend school (1) upon his or her discharge,
parole or | ||||||
10 | release or
(2) during the service of his or her sentence of | ||||||
11 | probation or conditional
discharge, or the Sheriff of the | ||||||
12 | county, in the event no Police Chief exists
or if the offender | ||||||
13 | intends to reside, work, or attend school in an
unincorporated | ||||||
14 | area.
"Law enforcement agency having jurisdiction" includes | ||||||
15 | the location where
out-of-state students attend school and | ||||||
16 | where out-of-state employees are
employed or are otherwise | ||||||
17 | required to register.
| ||||||
18 | (D-1) As used in this Article, "supervising officer" means | ||||||
19 | the assigned Illinois Department of Corrections parole agent or | ||||||
20 | county probation officer. | ||||||
21 | (E) As used in this Article, "sexual predator" means any | ||||||
22 | person who,
after July 1, 1999, is:
| ||||||
23 | (1) Convicted for an offense of federal, Uniform Code | ||||||
24 | of Military
Justice, sister state, or foreign country law | ||||||
25 | that is substantially equivalent
to any offense listed in | ||||||
26 | subsection (E) of this Section shall constitute a
|
| |||||||
| |||||||
1 | conviction for the purpose of this Article.
Convicted of a | ||||||
2 | violation or attempted violation of any of the following
| ||||||
3 | Sections of the
Criminal Code of 1961, if the conviction | ||||||
4 | occurred after July
1, 1999:
| ||||||
5 | 11-17.1 (keeping a place of juvenile | ||||||
6 | prostitution),
| ||||||
7 | 11-19.1 (juvenile pimping),
| ||||||
8 | 11-19.2 (exploitation of a child),
| ||||||
9 | 11-20.1 (child pornography),
| ||||||
10 | 12-13 (criminal sexual assault),
| ||||||
11 | 12-14 (aggravated criminal sexual assault),
| ||||||
12 | 12-14.1 (predatory criminal sexual assault of a | ||||||
13 | child),
| ||||||
14 | 12-16 (aggravated criminal sexual abuse),
| ||||||
15 | 12-33 (ritualized abuse of a child); or
| ||||||
16 | (2) (blank); or
| ||||||
17 | (3) certified as a sexually dangerous person pursuant | ||||||
18 | to the Sexually
Dangerous Persons Act or any substantially | ||||||
19 | similar federal, Uniform Code of
Military Justice, sister | ||||||
20 | state, or
foreign country law; or
| ||||||
21 | (4) found to be a sexually violent person pursuant to | ||||||
22 | the Sexually Violent
Persons Commitment Act or any | ||||||
23 | substantially similar federal, Uniform Code of
Military | ||||||
24 | Justice, sister state, or
foreign country law; or
| ||||||
25 | (5) convicted of a second or subsequent offense which | ||||||
26 | requires
registration pursuant to this Act. The conviction |
| |||||||
| |||||||
1 | for the second or subsequent
offense must have occurred | ||||||
2 | after July 1, 1999. For purposes of this paragraph
(5), | ||||||
3 | "convicted" shall include a conviction under any
| ||||||
4 | substantially similar
Illinois, federal, Uniform Code of | ||||||
5 | Military Justice, sister state, or
foreign country law.
| ||||||
6 | (F) As used in this Article, "out-of-state student" means | ||||||
7 | any sex
offender, as defined in this Section,
or sexual | ||||||
8 | predator who is enrolled in Illinois, on a full-time or | ||||||
9 | part-time
basis, in any public or private educational | ||||||
10 | institution, including, but not
limited to, any secondary | ||||||
11 | school, trade or professional institution, or
institution of | ||||||
12 | higher learning.
| ||||||
13 | (G) As used in this Article, "out-of-state employee" means | ||||||
14 | any sex
offender, as defined in this Section,
or sexual | ||||||
15 | predator who works in Illinois, regardless of whether the | ||||||
16 | individual
receives payment for services performed, for a | ||||||
17 | period of time of 10 or more days
or for an aggregate period of | ||||||
18 | time of 30 or more days
during any calendar year.
Persons who | ||||||
19 | operate motor vehicles in the State accrue one day of | ||||||
20 | employment
time for any portion of a day spent in Illinois.
| ||||||
21 | (H) As used in this Article, "school" means any public or | ||||||
22 | private educational institution, including, but not limited | ||||||
23 | to, any elementary or secondary school, trade or professional | ||||||
24 | institution, or institution of higher education. | ||||||
25 | (I) As used in this Article, "fixed residence" means any | ||||||
26 | and all places that a sex offender resides for an aggregate |
| |||||||
| |||||||
1 | period of time of 5 or more days in a calendar year.
| ||||||
2 | (Source: P.A. 93-977, eff. 8-20-04; 93-979, eff. 8-20-04; | ||||||
3 | 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-945, eff. 6-27-06; | ||||||
4 | 94-1053, eff. 7-24-06; revised 8-3-06.)
| ||||||
5 | (730 ILCS 150/3) (from Ch. 38, par. 223) | ||||||
6 | Sec. 3. Duty to register.
| ||||||
7 | (a) A sex offender, as defined in Section 2 of this Act, or | ||||||
8 | sexual
predator shall, within the time period
prescribed in | ||||||
9 | subsections (b) and (c), register in person
and provide | ||||||
10 | accurate information as required by the Department of State
| ||||||
11 | Police. Such information shall include a current photograph,
| ||||||
12 | current address,
current place of employment, the employer's | ||||||
13 | telephone number, school attended, extensions of the time | ||||||
14 | period for registering as provided in this Article and, if an | ||||||
15 | extension was granted, the reason why the extension was granted | ||||||
16 | and the date the sex offender was notified of the extension. | ||||||
17 | The information shall also include the county of conviction, | ||||||
18 | license plate numbers for every vehicle registered in the name | ||||||
19 | of the sex offender, the age of the sex offender at the time of | ||||||
20 | the commission of the offense, the age of the victim at the | ||||||
21 | time of the commission of the offense, and any distinguishing | ||||||
22 | marks located on the body of the sex offender. A person who has | ||||||
23 | been adjudicated a juvenile delinquent for an act which, if | ||||||
24 | committed by an adult, would be a sex offense shall register as | ||||||
25 | an adult sex offender within 10 days after attaining 17 years |
| |||||||
| |||||||
1 | of age. The sex offender or
sexual predator shall register:
| ||||||
2 | (1) with the chief of police in the municipality in | ||||||
3 | which he or she
resides or is temporarily domiciled for a | ||||||
4 | period of time of 5 or more
days, unless the
municipality | ||||||
5 | is the City of Chicago, in which case he or she shall | ||||||
6 | register
at the Chicago Police Department Headquarters; or
| ||||||
7 | (2) with the sheriff in the county in which
he or she | ||||||
8 | resides or is
temporarily domiciled
for a period of time of | ||||||
9 | 5 or more days in an unincorporated
area or, if | ||||||
10 | incorporated, no police chief exists.
| ||||||
11 | If the sex offender or sexual predator is employed at or | ||||||
12 | attends an institution of higher education, he or she shall | ||||||
13 | register:
| ||||||
14 | (i) with the chief of police in the municipality in | ||||||
15 | which he or she is employed at or attends an institution of | ||||||
16 | higher education, unless the municipality is the City of | ||||||
17 | Chicago, in which case he or she shall register at the | ||||||
18 | Chicago Police Department Headquarters; or | ||||||
19 | (ii) with the sheriff in the county in which he or she | ||||||
20 | is employed or attends an institution of higher education | ||||||
21 | located in an unincorporated area, or if incorporated, no | ||||||
22 | police chief exists.
| ||||||
23 | For purposes of this Article, the place of residence or | ||||||
24 | temporary
domicile is defined as any and all places where the | ||||||
25 | sex offender resides
for an aggregate period of time of 5 or | ||||||
26 | more days during any calendar year.
Any person required to |
| |||||||
| |||||||
1 | register under this Article who lacks a fixed address or | ||||||
2 | temporary domicile must notify, in person, the agency of | ||||||
3 | jurisdiction of his or her last known address within 5 days | ||||||
4 | after ceasing to have a fixed residence.
| ||||||
5 | Any person who lacks a fixed residence must report weekly, | ||||||
6 | in person, with the sheriff's office of the county in which he | ||||||
7 | or she is located in an unincorporated area, or with the chief | ||||||
8 | of police in the municipality in which he or she is located. | ||||||
9 | The agency of jurisdiction will document each weekly | ||||||
10 | registration to include all the locations where the person has | ||||||
11 | stayed during the past 7 days.
| ||||||
12 | The sex offender or sexual predator shall provide accurate | ||||||
13 | information
as required by the Department of State Police. That | ||||||
14 | information shall include
the sex offender's or sexual | ||||||
15 | predator's current place of employment.
| ||||||
16 | (a-5) An out-of-state student or out-of-state employee | ||||||
17 | shall,
within 5 days after beginning school or employment in | ||||||
18 | this State,
register in person and provide accurate information | ||||||
19 | as required by the
Department of State Police. Such information | ||||||
20 | will include current place of
employment, school attended, and | ||||||
21 | address in state of residence. The out-of-state student or | ||||||
22 | out-of-state employee shall register:
| ||||||
23 | (1) with the chief of police in the municipality in | ||||||
24 | which he or she attends school or is employed for a period | ||||||
25 | of time of 5
or more days or for an
aggregate period of | ||||||
26 | time of more than 30 days during any
calendar year, unless |
| |||||||
| |||||||
1 | the
municipality is the City of Chicago, in which case he | ||||||
2 | or she shall register at
the Chicago Police Department | ||||||
3 | Headquarters; or
| ||||||
4 | (2) with the sheriff in the county in which
he or she | ||||||
5 | attends school or is
employed for a period of time of 5 or | ||||||
6 | more days or
for an aggregate period of
time of more than | ||||||
7 | 30 days during any calendar year in an
unincorporated area
| ||||||
8 | or, if incorporated, no police chief exists.
| ||||||
9 | The out-of-state student or out-of-state employee shall | ||||||
10 | provide accurate
information as required by the Department of | ||||||
11 | State Police. That information
shall include the out-of-state | ||||||
12 | student's current place of school attendance or
the | ||||||
13 | out-of-state employee's current place of employment.
| ||||||
14 | (b) Any sex offender, as defined in Section 2 of this Act, | ||||||
15 | or sexual
predator, regardless of any initial,
prior, or other | ||||||
16 | registration, shall, within 5 days of beginning school,
or | ||||||
17 | establishing a
residence, place of employment, or temporary | ||||||
18 | domicile in
any county, register in person as set forth in | ||||||
19 | subsection (a)
or (a-5).
| ||||||
20 | (c) The registration for any person required to register | ||||||
21 | under this
Article shall be as follows:
| ||||||
22 | (1) Any person registered under the Habitual Child Sex | ||||||
23 | Offender
Registration Act or the Child Sex Offender | ||||||
24 | Registration Act prior to January
1, 1996, shall be deemed | ||||||
25 | initially registered as of January 1, 1996; however,
this | ||||||
26 | shall not be construed to extend the duration of |
| |||||||
| |||||||
1 | registration set forth
in Section 7.
| ||||||
2 | (2) Except as provided in subsection (c)(4), any person | ||||||
3 | convicted or
adjudicated prior to January 1, 1996, whose | ||||||
4 | liability for registration under
Section 7 has not expired, | ||||||
5 | shall register in person prior to January 31,
1996.
| ||||||
6 | (2.5) Except as provided in subsection (c)(4), any | ||||||
7 | person who has not
been notified of his or her | ||||||
8 | responsibility to register shall be notified by a
criminal | ||||||
9 | justice entity of his or her responsibility to register. | ||||||
10 | Upon
notification the person must then register within 5 | ||||||
11 | days of notification of
his or her requirement to register. | ||||||
12 | If notification is not made within the
offender's 10 year | ||||||
13 | registration requirement, and the Department of State
| ||||||
14 | Police determines no evidence exists or indicates the | ||||||
15 | offender attempted to
avoid registration, the offender | ||||||
16 | will no longer be required to register under
this Act.
| ||||||
17 | (3) Except as provided in subsection (c)(4), any person | ||||||
18 | convicted on
or after January 1, 1996, shall register in | ||||||
19 | person within 5 days after the
entry of the sentencing | ||||||
20 | order based upon his or her conviction.
| ||||||
21 | (4) Any person unable to comply with the registration | ||||||
22 | requirements of
this Article because he or she is confined, | ||||||
23 | institutionalized,
or imprisoned in Illinois on or after | ||||||
24 | January 1, 1996, shall register in person
within 5 days of | ||||||
25 | discharge, parole or release.
| ||||||
26 | (5) The person shall provide positive identification |
| |||||||
| |||||||
1 | and documentation
that substantiates proof of residence at | ||||||
2 | the registering address.
| ||||||
3 | (6) The person shall pay a $20
initial registration fee | ||||||
4 | and
a $10
annual
renewal fee. The fees shall be used by the | ||||||
5 | registering agency for official
purposes. The agency shall | ||||||
6 | establish procedures to document receipt and use
of the | ||||||
7 | funds.
The law enforcement agency having jurisdiction may | ||||||
8 | waive the registration fee
if it determines that the person | ||||||
9 | is indigent and unable to pay the registration
fee.
Ten | ||||||
10 | dollars for the initial registration fee and $5 of the | ||||||
11 | annual renewal fee
shall be used by the registering agency | ||||||
12 | for official purposes. Ten dollars of
the initial | ||||||
13 | registration fee and $5 of the annual fee shall be | ||||||
14 | deposited into
the Sex Offender Management Board Fund under | ||||||
15 | Section 19 of the Sex Offender
Management Board Act. Money | ||||||
16 | deposited into the Sex Offender Management Board
Fund shall | ||||||
17 | be administered by the Sex Offender Management Board and | ||||||
18 | shall be
used to
fund practices endorsed or required by the | ||||||
19 | Sex Offender Management Board Act
including but not limited | ||||||
20 | to sex offenders evaluation, treatment, or
monitoring | ||||||
21 | programs that are or may be developed, as well as for
| ||||||
22 | administrative costs, including staff, incurred by the | ||||||
23 | Board.
| ||||||
24 | (d) Within 5 days after obtaining or changing employment | ||||||
25 | and, if employed
on January 1, 2000, within 5 days after that | ||||||
26 | date, a person required to
register under this Section must |
| |||||||
| |||||||
1 | report, in person to the law
enforcement agency having | ||||||
2 | jurisdiction, the business name and address where he
or she is | ||||||
3 | employed. If the person has multiple businesses or work | ||||||
4 | locations,
every business and work location must be reported to | ||||||
5 | the law enforcement agency
having jurisdiction.
| ||||||
6 | (Source: P.A. 93-616, eff. 1-1-04; 93-979, eff. 8-20-04; | ||||||
7 | 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-994, eff. 1-1-07.)
| ||||||
8 | (730 ILCS 150/3-5 new) | ||||||
9 | Sec. 3-5. Application of Act to adjudicated juvenile | ||||||
10 | delinquents. | ||||||
11 | (a) In all cases involving an adjudicated juvenile | ||||||
12 | delinquent who meets the definition of sex offender as set | ||||||
13 | forth in paragraph (5) of subsection (A) of Section 2 of this | ||||||
14 | Act, the court may determine whether to order registration, and | ||||||
15 | if so, the duration of the registration. To determine whether | ||||||
16 | to order registration, the court shall consider the following | ||||||
17 | factors: | ||||||
18 | (1) the report regarding the adjudicated juvenile | ||||||
19 | delinquent's risk assessment prepared for purposes of | ||||||
20 | sentencing; | ||||||
21 | (2) the adjudicated juvenile delinquent's level of | ||||||
22 | planning and participation in the offense; | ||||||
23 | (3) the sex offender history of the adjudicated | ||||||
24 | juvenile delinquent, including whether the adjudicated | ||||||
25 | juvenile delinquent has been adjudicated delinquent for |
| |||||||
| |||||||
1 | prior sexually-motivated
offenses; | ||||||
2 | (4) the possibility that facilities or programs | ||||||
3 | available to the court will contribute to the | ||||||
4 | rehabilitation of the adjudicated juvenile delinquent | ||||||
5 | prior to the expiration of the court's jurisdiction; | ||||||
6 | (5) the ages of the adjudicated juvenile delinquent and | ||||||
7 | the victim;
| ||||||
8 | (6) the relationship of the adjudicated juvenile | ||||||
9 | delinquent to the victim; | ||||||
10 | (7) the proposed placement alternatives for the | ||||||
11 | adjudicated juvenile delinquent;
| ||||||
12 | (8) information related to the adjudicated juvenile | ||||||
13 | delinquent's mental, physical, educational, and social | ||||||
14 | history; | ||||||
15 | (9) victim impact statements; and
| ||||||
16 | (10) any other factors deemed relevant by the court. | ||||||
17 | (b) Once an adjudicated juvenile delinquent is ordered to | ||||||
18 | register as a sex offender, the adjudicated juvenile delinquent | ||||||
19 | shall be subject to the registration requirements set forth in | ||||||
20 | Sections 3, 6, 6-5, 8, 8-5, and 10 for the term of his or her | ||||||
21 | registration. | ||||||
22 | (c) Ninety days prior to the completion of an adjudicated | ||||||
23 | juvenile delinquent's term of registration, ordered pursuant | ||||||
24 | to subsection (a) of this Section, the clerk of the court shall | ||||||
25 | provide notice to the parties of a hearing regarding status of | ||||||
26 | registration. Prior to the registration status hearing, the |
| |||||||
| |||||||
1 | State's Attorney may petition for the continuation of the term | ||||||
2 | of registration. | ||||||
3 | (d) At the registration status hearing, if the State's | ||||||
4 | Attorney fails to file a petition for continuation of term of | ||||||
5 | registration, or if the court determines, based upon the | ||||||
6 | factors set forth in subsection (e), that the registrant no | ||||||
7 | longer poses a serious risk to the community, registration | ||||||
8 | shall be terminated.
At the registration status hearing, both | ||||||
9 | parties may present evidence about whether the registrant poses | ||||||
10 | a risk to the community. Upon the State's presentation of clear | ||||||
11 | and convincing evidence that the registrant poses a serious | ||||||
12 | risk to the community, the court may extend registration and | ||||||
13 | determine which, if any, conditions of registration shall | ||||||
14 | apply. | ||||||
15 | (e) To determine whether a registrant poses a serious risk | ||||||
16 | to the community as required by subsection (d), the court shall | ||||||
17 | consider the following factors: | ||||||
18 | (1) a risk assessment performed by an evaluator | ||||||
19 | approved by the Sex Offender Management Board; | ||||||
20 | (2) the sex offender history of the adjudicated | ||||||
21 | juvenile delinquent; | ||||||
22 | (3) evidence of the adjudicated juvenile delinquent's | ||||||
23 | rehabilitation; | ||||||
24 | (4) the age of the adjudicated juvenile delinquent at | ||||||
25 | the time of the offense; | ||||||
26 | (5) information related to the adjudicated juvenile |
| |||||||
| |||||||
1 | delinquent's mental, physical, educational, and social | ||||||
2 | history; and | ||||||
3 | (6) any other factors deemed relevant by the court. | ||||||
4 | (f) At the hearing set forth in subsections (c) and (d), a | ||||||
5 | registrant shall be represented by counsel and may present a | ||||||
6 | risk assessment conducted by an evaluator who is a licensed | ||||||
7 | psychiatrist, psychologist, or other mental health | ||||||
8 | professional, and who has demonstrated clinical experience in | ||||||
9 | juvenile sex offender treatment. | ||||||
10 | (g) After a registrant completes the term of his or her | ||||||
11 | registration, his or her name, address, and all other | ||||||
12 | identifying information shall be removed from all State and | ||||||
13 | local registries. | ||||||
14 | (h) An adjudicated juvenile delinquent shall not be | ||||||
15 | considered a sexual predator, as defined in subsection (E) of | ||||||
16 | Section 2 of this Act, for the purposes of mandatory | ||||||
17 | registration for the term of natural life as set forth in | ||||||
18 | Section 7 of this Act. | ||||||
19 | (i) This Section applies retroactively to cases in which | ||||||
20 | adjudicated juvenile delinquents who registered or were | ||||||
21 | required to register before the effective date of this | ||||||
22 | amendatory Act of the 95th General Assembly. Within 90 days | ||||||
23 | after the effective date of this amendatory Act, the clerk's | ||||||
24 | office shall send notice to registrants affected by this | ||||||
25 | Section notifying them of a registration status hearing | ||||||
26 | pursuant to subsections (c) through (e) of this Section.
|
| |||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||
1 | (j) This Section does not apply to minors prosecuted under | ||||||||||||||||||||||||||||||||||||||||
2 | the criminal laws as adults.
| ||||||||||||||||||||||||||||||||||||||||
3 | Section 99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||
4 | becoming law. | ||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||