Rep. Robert S. Molaro
Filed: 3/17/2008
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1 | AMENDMENT TO HOUSE BILL 2769
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2 | AMENDMENT NO. ______. Amend House Bill 2769 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Sex Offender Registration Act is amended by | ||||||
5 | changing Sections 2, 6, 7, and 8-5 as follows:
| ||||||
6 | (730 ILCS 150/2) (from Ch. 38, par. 222)
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7 | (Text of Section after amendment by P.A. 95-579 and 95-625 ) | ||||||
8 | Sec. 2. Definitions.
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9 | (A) As used in this Article, "sex offender" means any | ||||||
10 | person who is:
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11 | (1) charged pursuant to Illinois law, or any | ||||||
12 | substantially similar
federal, Uniform Code of Military | ||||||
13 | Justice, sister state, or foreign country
law,
with a sex | ||||||
14 | offense set forth
in subsection (B) of this Section or the | ||||||
15 | attempt to commit an included sex
offense, and:
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16 | (a) is convicted of such offense or an attempt to |
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1 | commit such offense;
or
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2 | (b) is found not guilty by reason of insanity of | ||||||
3 | such offense or an
attempt to commit such offense; or
| ||||||
4 | (c) is found not guilty by reason of insanity | ||||||
5 | pursuant to Section
104-25(c) of the Code of Criminal | ||||||
6 | Procedure of 1963 of such offense or an
attempt to | ||||||
7 | commit such offense; or
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8 | (d) is the subject of a finding not resulting in an | ||||||
9 | acquittal at a
hearing conducted pursuant to Section | ||||||
10 | 104-25(a) of the Code of Criminal
Procedure of 1963 for | ||||||
11 | the alleged commission or attempted commission of such
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12 | offense; or
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13 | (e) is found not guilty by reason of insanity | ||||||
14 | following a hearing
conducted pursuant to a federal, | ||||||
15 | Uniform Code of Military Justice, sister
state, or | ||||||
16 | foreign country law
substantially similar to Section | ||||||
17 | 104-25(c) of the Code of Criminal Procedure
of 1963 of | ||||||
18 | such offense or of the attempted commission of such | ||||||
19 | offense; or
| ||||||
20 | (f) is the subject of a finding not resulting in an | ||||||
21 | acquittal at a
hearing conducted pursuant to a federal, | ||||||
22 | Uniform Code of Military Justice,
sister state, or | ||||||
23 | foreign country law
substantially similar to Section | ||||||
24 | 104-25(a) of the Code of Criminal Procedure
of 1963 for | ||||||
25 | the alleged violation or attempted commission of such | ||||||
26 | offense;
or
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1 | (2) certified as a sexually dangerous person pursuant | ||||||
2 | to the Illinois
Sexually Dangerous Persons Act, or any | ||||||
3 | substantially similar federal, Uniform
Code of Military | ||||||
4 | Justice, sister
state, or foreign country law; or
| ||||||
5 | (3) subject to the provisions of Section 2 of the | ||||||
6 | Interstate
Agreements on Sexually Dangerous Persons Act; | ||||||
7 | or
| ||||||
8 | (4) found to be a sexually violent person pursuant to | ||||||
9 | the Sexually
Violent Persons Commitment Act or any | ||||||
10 | substantially similar federal, Uniform
Code of Military | ||||||
11 | Justice, sister
state, or foreign country law; or
| ||||||
12 | (5) adjudicated a juvenile delinquent as the result of | ||||||
13 | committing or
attempting to commit an act which, if | ||||||
14 | committed by an adult, would constitute
any of the offenses | ||||||
15 | specified in item (B), (C), or (C-5) of this Section or a
| ||||||
16 | violation of any substantially similar federal, Uniform | ||||||
17 | Code of Military
Justice, sister state, or foreign
country | ||||||
18 | law, or found guilty under Article V of the Juvenile Court | ||||||
19 | Act of 1987
of committing or attempting to commit an act | ||||||
20 | which, if committed by an adult,
would constitute any of | ||||||
21 | the offenses specified in item (B), (C), or (C-5) of
this | ||||||
22 | Section or a violation of any substantially similar | ||||||
23 | federal, Uniform Code
of Military Justice, sister state,
or | ||||||
24 | foreign country law.
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25 | Convictions that result from or are connected with the same | ||||||
26 | act, or result
from offenses committed at the same time, shall |
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1 | be counted for the purpose of
this Article as one conviction. | ||||||
2 | Any conviction set aside pursuant to law is
not a conviction | ||||||
3 | for purposes of this Article.
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4 |
For purposes of this Section, "convicted" shall have the | ||||||
5 | same meaning as
"adjudicated".
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6 | (B) As used in this Article, "sex offense" means:
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7 | (1) A violation of any of the following Sections of the | ||||||
8 | Criminal Code of
1961:
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9 | 10-5.1 (luring of a minor, for a second or | ||||||
10 | subsequent conviction),
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11 | 11-20.1 (child pornography),
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12 | 11-20.3 (aggravated child pornography),
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13 | 11-6 (indecent solicitation of a child),
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14 | 11-9.1 (sexual exploitation of a child),
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15 | 11-9.2 (custodial sexual misconduct),
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16 | 11-9.5 (sexual misconduct with a person with a | ||||||
17 | disability),
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18 | 11-15.1 (soliciting for a juvenile prostitute),
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19 | 11-18.1 (patronizing a juvenile prostitute),
| ||||||
20 | 11-17.1 (keeping a place of juvenile | ||||||
21 | prostitution),
| ||||||
22 | 11-19.1 (juvenile pimping),
| ||||||
23 | 11-19.2 (exploitation of a child),
| ||||||
24 | 12-13 (criminal sexual assault),
| ||||||
25 | 12-14 (aggravated criminal sexual assault),
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26 | 12-14.1 (predatory criminal sexual assault of a |
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1 | child),
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2 | 12-15 (criminal sexual abuse),
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3 | 12-16 (aggravated criminal sexual abuse),
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4 | 12-33 (ritualized abuse of a child) , .
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5 | 26-4 (unauthorized video recording and live video | ||||||
6 | transmission, if the victim is under the age of 18).
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7 | An attempt to commit any of these offenses.
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8 | (1.5)
A violation of any of the following Sections of | ||||||
9 | the
Criminal Code of 1961, when the victim is a person | ||||||
10 | under 18 years of age, the
defendant is not a parent of the | ||||||
11 | victim, the offense was sexually motivated as defined in | ||||||
12 | Section 10 of the Sex Offender Management Board Act, and | ||||||
13 | the offense was committed on or
after January 1, 1996:
| ||||||
14 | 10-1 (kidnapping),
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15 | 10-2 (aggravated kidnapping),
| ||||||
16 | 10-3 (unlawful restraint),
| ||||||
17 | 10-3.1 (aggravated unlawful restraint).
| ||||||
18 | (1.6)
First degree murder under Section 9-1 of the | ||||||
19 | Criminal Code of 1961,
when the victim was a person under | ||||||
20 | 18 years of age and the defendant was at least
17 years of | ||||||
21 | age at the time of the commission of the offense, provided | ||||||
22 | the offense was sexually motivated as defined in Section 10 | ||||||
23 | of the Sex Offender Management Board Act.
| ||||||
24 | (1.7) (Blank).
| ||||||
25 | (1.8) A violation or attempted violation of Section | ||||||
26 | 11-11 (sexual
relations within families) of the Criminal |
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1 | Code of 1961, and the offense was committed on or after
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2 | June 1, 1997.
| ||||||
3 | (1.9) Child abduction under paragraph (10) of | ||||||
4 | subsection
(b) of Section 10-5 of the Criminal Code of 1961 | ||||||
5 | committed by luring or
attempting to lure a child under the | ||||||
6 | age of 16 into a motor vehicle, building,
house trailer, or | ||||||
7 | dwelling place without the consent of the parent or lawful
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8 | custodian of the child for other than a lawful purpose and | ||||||
9 | the offense was
committed on or after January 1, 1998, | ||||||
10 | provided the offense was sexually motivated as defined in | ||||||
11 | Section 10 of the Sex Offender Management Board Act.
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12 | (1.10) A violation or attempted violation of any of the | ||||||
13 | following Sections
of the Criminal Code of 1961 when the | ||||||
14 | offense was committed on or after July
1, 1999:
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15 | 10-4 (forcible detention, if the victim is under 18 | ||||||
16 | years of age), provided the offense was sexually | ||||||
17 | motivated as defined in Section 10 of the Sex Offender | ||||||
18 | Management Board Act,
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19 | 11-6.5 (indecent solicitation of an adult),
| ||||||
20 | 11-15 (soliciting for a prostitute, if the victim | ||||||
21 | is under 18 years
of age),
| ||||||
22 | 11-16 (pandering, if the victim is under 18 years | ||||||
23 | of age),
| ||||||
24 | 11-18 (patronizing a prostitute, if the victim is | ||||||
25 | under 18 years
of age),
| ||||||
26 | 11-19 (pimping, if the victim is under 18 years of |
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1 | age).
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2 | (1.11) A violation or attempted violation of any of the | ||||||
3 | following
Sections of the Criminal Code of 1961 when the | ||||||
4 | offense was committed on or
after August 22, 2002:
| ||||||
5 | 11-9 (public indecency for a third or subsequent | ||||||
6 | conviction).
| ||||||
7 | (1.12) A violation or attempted violation of Section
| ||||||
8 | 5.1 of the Wrongs to Children Act (permitting sexual abuse) | ||||||
9 | when the
offense was committed on or after August 22, 2002.
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10 | (2) A violation of any former law of this State | ||||||
11 | substantially equivalent
to any offense listed in | ||||||
12 | subsection (B) of this Section.
| ||||||
13 | (C) A conviction for an offense of federal law, Uniform | ||||||
14 | Code of Military
Justice, or the law of another state
or a | ||||||
15 | foreign country that is substantially equivalent to any offense | ||||||
16 | listed
in subsections (B), (C), and (E) of this Section shall
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17 | constitute a
conviction for the purpose
of this Article. A | ||||||
18 | finding or adjudication as a sexually dangerous person
or a | ||||||
19 | sexually violent person under any federal law, Uniform Code of | ||||||
20 | Military
Justice, or the law of another state or
foreign | ||||||
21 | country that is substantially equivalent to the Sexually | ||||||
22 | Dangerous
Persons Act or the Sexually Violent Persons | ||||||
23 | Commitment Act shall constitute an
adjudication for the | ||||||
24 | purposes of this Article.
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25 | (C-5) A person at least 17 years of age at the time of the | ||||||
26 | commission of
the offense who is convicted of first degree |
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1 | murder under Section 9-1 of the
Criminal Code of 1961, against | ||||||
2 | a person
under 18 years of age, shall be required to register
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3 | for natural life.
A conviction for an offense of federal, | ||||||
4 | Uniform Code of Military Justice,
sister state, or foreign | ||||||
5 | country law that is substantially equivalent to any
offense | ||||||
6 | listed in subsection (C-5) of this Section shall constitute a
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7 | conviction for the purpose of this Article. This subsection | ||||||
8 | (C-5) applies to a person who committed the offense before June | ||||||
9 | 1, 1996 only if the person is incarcerated in an Illinois | ||||||
10 | Department of Corrections facility on August 20, 2004 (the | ||||||
11 | effective date of Public Act 93-977).
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12 | (D) As used in this Article, "law enforcement agency having | ||||||
13 | jurisdiction"
means the Chief of Police in each of the | ||||||
14 | municipalities in which the sex offender
expects to reside, | ||||||
15 | work, or attend school (1) upon his or her discharge,
parole or | ||||||
16 | release or
(2) during the service of his or her sentence of | ||||||
17 | probation or conditional
discharge, or the Sheriff of the | ||||||
18 | county, in the event no Police Chief exists
or if the offender | ||||||
19 | intends to reside, work, or attend school in an
unincorporated | ||||||
20 | area.
"Law enforcement agency having jurisdiction" includes | ||||||
21 | the location where
out-of-state students attend school and | ||||||
22 | where out-of-state employees are
employed or are otherwise | ||||||
23 | required to register.
| ||||||
24 | (D-1) As used in this Article, "supervising officer" means | ||||||
25 | the assigned Illinois Department of Corrections parole agent or | ||||||
26 | county probation officer. |
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1 | (E) As used in this Article, "sexual predator" means any | ||||||
2 | sex offender who is required to register for his or her natural | ||||||
3 | life pursuant to Section 7 of this Act person who,
after July | ||||||
4 | 1, 1999, is:
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5 | (1) Convicted for an offense of federal, Uniform Code | ||||||
6 | of Military
Justice, sister state, or foreign country law | ||||||
7 | that is substantially equivalent
to any offense listed in | ||||||
8 | subsection (E) of this Section shall constitute a
| ||||||
9 | conviction for the purpose of this Article.
Convicted of a | ||||||
10 | violation or attempted violation of any of the following
| ||||||
11 | Sections of the
Criminal Code of 1961, if the conviction | ||||||
12 | occurred after July
1, 1999:
| ||||||
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 | 11-20.1 (child pornography),
| ||||||
18 | 11-20.3 (aggravated child pornography),
| ||||||
19 | 12-13 (criminal sexual assault),
| ||||||
20 | 12-14 (aggravated criminal sexual assault),
| ||||||
21 | 12-14.1 (predatory criminal sexual assault of a | ||||||
22 | child),
| ||||||
23 | 12-16 (aggravated criminal sexual abuse),
| ||||||
24 | 12-33 (ritualized abuse of a child); or
| ||||||
25 | (2) (blank); or
| ||||||
26 | (3) certified as a sexually dangerous person pursuant |
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1 | to the Sexually
Dangerous Persons Act or any substantially | ||||||
2 | similar federal, Uniform Code of
Military Justice, sister | ||||||
3 | state, or
foreign country law; or
| ||||||
4 | (4) found to be a sexually violent person pursuant to | ||||||
5 | the Sexually Violent
Persons Commitment Act or any | ||||||
6 | substantially similar federal, Uniform Code of
Military | ||||||
7 | Justice, sister state, or
foreign country law;
| ||||||
8 | (5) convicted of a second or subsequent offense which | ||||||
9 | requires
registration pursuant to this Act. The conviction | ||||||
10 | for the second or subsequent
offense must have occurred | ||||||
11 | after July 1, 1999. For purposes of this paragraph
(5), | ||||||
12 | "convicted" shall include a conviction under any
| ||||||
13 | substantially similar
Illinois, federal, Uniform Code of | ||||||
14 | Military Justice, sister state, or
foreign country law; or
| ||||||
15 | (6) convicted of a second or subsequent offense of | ||||||
16 | luring a minor under Section 10-5.1 of the Criminal Code of | ||||||
17 | 1961 . | ||||||
18 | (F) As used in this Article, "out-of-state student" means | ||||||
19 | any sex
offender, as defined in this Section,
or sexual | ||||||
20 | predator who is enrolled in Illinois, on a full-time or | ||||||
21 | part-time
basis, in any public or private educational | ||||||
22 | institution, including, but not
limited to, any secondary | ||||||
23 | school, trade or professional institution, or
institution of | ||||||
24 | higher learning.
| ||||||
25 | (G) As used in this Article, "out-of-state employee" means | ||||||
26 | any sex
offender, as defined in this Section,
or sexual |
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1 | predator who works in Illinois, regardless of whether the | ||||||
2 | individual
receives payment for services performed, for a | ||||||
3 | period of time of 10 or more days
or for an aggregate period of | ||||||
4 | time of 30 or more days
during any calendar year.
Persons who | ||||||
5 | operate motor vehicles in the State accrue one day of | ||||||
6 | employment
time for any portion of a day spent in Illinois.
| ||||||
7 | (H) As used in this Article, "school" means any public or | ||||||
8 | private educational institution, including, but not limited | ||||||
9 | to, any elementary or secondary school, trade or professional | ||||||
10 | institution, or institution of higher education. | ||||||
11 | (I) As used in this Article, "fixed residence" means any | ||||||
12 | and all places that a sex offender resides for an aggregate | ||||||
13 | period of time of 5 or more days in a calendar year.
| ||||||
14 | (J) As used in this Article, "Internet protocol address" | ||||||
15 | means the string of numbers by which a location on the Internet | ||||||
16 | is identified by routers or other computers connected to the | ||||||
17 | Internet. | ||||||
18 | (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-945, | ||||||
19 | eff. 6-27-06; 94-1053, eff. 7-24-06; 95-331, eff. 8-21-07; | ||||||
20 | 95-579, eff. 6-1-08; 95-625, eff. 6-1-08; 95-658, eff. | ||||||
21 | 10-11-07; revised 11-19-07.)
| ||||||
22 | (730 ILCS 150/6) (from Ch. 38, par. 226)
| ||||||
23 | (Text of Section after amendment by P.A. 95-640 ) | ||||||
24 | Sec. 6. Duty to report; change of address, school, or | ||||||
25 | employment; duty
to inform. |
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1 | (a)
A person who has been adjudicated to be sexually | ||||||
2 | dangerous or is a sexually
violent person and is later | ||||||
3 | released, or found to be no longer sexually
dangerous or no | ||||||
4 | longer a sexually violent person and discharged, or convicted | ||||||
5 | of a violation of this Act after July 1, 2005, shall register | ||||||
6 | with report in
person to the appropriate law enforcement agency | ||||||
7 | with whom he or she last registered no
later than 90 days after | ||||||
8 | the date of his or her last registration and every 90
days | ||||||
9 | thereafter , and at such other times at the request of the law | ||||||
10 | enforcement agency not to exceed 4 times a year. The law | ||||||
11 | enforcement agency having jurisdiction has the discretion to | ||||||
12 | determine the location and law enforcement official. Such | ||||||
13 | sexually dangerous or sexually
violent person must report all | ||||||
14 | new or changed e-mail addresses, all new or changed instant | ||||||
15 | messaging identities, all new or changed chat room identities, | ||||||
16 | and all other new or changed Internet communications identities | ||||||
17 | that the sexually dangerous or sexually
violent person uses or | ||||||
18 | plans to use, all new or changed Uniform Resource Locators | ||||||
19 | (URLs) registered or used by the sexually dangerous or sexually
| ||||||
20 | violent person, and all new or changed blogs and other Internet | ||||||
21 | sites maintained by the sexually dangerous or sexually
violent | ||||||
22 | person or to which the sexually dangerous or sexually
violent | ||||||
23 | person has uploaded any content or posted any messages or | ||||||
24 | information. | ||||||
25 | (b) Any person who is required to register under this | ||||||
26 | Article who committed his or her sex offense prior to January |
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| |||||||
1 | 1, 2009, shall report in person to the appropriate law | ||||||
2 | enforcement agency with whom he or she last registered within | ||||||
3 | one year from the date of last registration and every year | ||||||
4 | thereafter, and at other times at the request of the law | ||||||
5 | enforcement agency not to exceed 4 times a year. | ||||||
6 | (c) Any person who is required to register under this | ||||||
7 | Article who committed his or her sex offense on or after | ||||||
8 | January 1, 2009 and is required to register for a period of 15 | ||||||
9 | years under Section 7 of this Article shall report in person to | ||||||
10 | the appropriate law enforcement agency with whom he or she last | ||||||
11 | registered within one year from the date of last registration | ||||||
12 | and every year thereafter, and at other times at the request of | ||||||
13 | the law enforcement agency not to exceed 4 times a year. | ||||||
14 | (d) Any person who is required to register under this | ||||||
15 | Article who committed his or her sex offense on or after | ||||||
16 | January 1, 2009 and is required to register for a period of his | ||||||
17 | or her natural life under Section 7 of this Article shall | ||||||
18 | register with the appropriate law enforcement agency no later | ||||||
19 | than 90 days after the date of his or her last registration and | ||||||
20 | every 90 days thereafter, and at other times at the request of | ||||||
21 | the law enforcement agency not to exceed 4 times a year. The | ||||||
22 | law enforcement agency having jurisdiction has the discretion | ||||||
23 | to determine the location and law enforcement official. | ||||||
24 | (e) Any person who lacks a fixed residence must report | ||||||
25 | weekly, in person, to the appropriate law enforcement agency | ||||||
26 | where the sex offender is located. Any other person who is |
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| |||||||
1 | required to register under this
Article shall report in person | ||||||
2 | to the appropriate law enforcement agency with
whom he or she | ||||||
3 | last registered within one year from the date of last
| ||||||
4 | registration and every year thereafter and at such other times | ||||||
5 | at the request of the law enforcement agency not to exceed 4 | ||||||
6 | times a year. If any person required to register under this | ||||||
7 | Article lacks a fixed residence or temporary domicile, he or | ||||||
8 | she must notify, in person, the agency of jurisdiction of his | ||||||
9 | or her last known address within 3 days after ceasing to have a | ||||||
10 | fixed residence and if the offender leaves the last | ||||||
11 | jurisdiction of residence, he or she, must within 3 days after | ||||||
12 | leaving register in person with the new agency of jurisdiction. | ||||||
13 | (f) If any other person required to register
under this | ||||||
14 | Article changes his or her residence address, place of
| ||||||
15 | employment,
or school, he or she shall report in
person to the | ||||||
16 | law
enforcement agency
with whom he or she last registered of | ||||||
17 | his or her new address, change in
employment, or school, all | ||||||
18 | new or changed e-mail addresses, all new or changed instant | ||||||
19 | messaging identities, all new or changed chat room identities, | ||||||
20 | and all other new or changed Internet communications identities | ||||||
21 | that the sex offender uses or plans to use, all new or changed | ||||||
22 | Uniform Resource Locators (URLs) registered or used by the sex | ||||||
23 | offender, and all new or changed blogs and other Internet sites | ||||||
24 | maintained by the sex offender or to which the sex offender has | ||||||
25 | uploaded any content or posted any messages or information, and | ||||||
26 | register, in person, with the appropriate law enforcement
|
| |||||||
| |||||||
1 | agency within the
time period specified in Section 3. The law | ||||||
2 | enforcement agency shall, within 3
days of the reporting in | ||||||
3 | person by the person required to register under this Article, | ||||||
4 | notify the Department of State Police of the new place of | ||||||
5 | residence, change in
employment, or school.
| ||||||
6 | (g) If any person required to register under this Article | ||||||
7 | intends to establish a
residence or employment outside of the | ||||||
8 | State of Illinois, at least 10 days
before establishing that | ||||||
9 | residence or employment, he or she shall report in person to | ||||||
10 | the law enforcement agency with which he or she last registered | ||||||
11 | of his
or her out-of-state intended residence or employment. | ||||||
12 | The law enforcement agency with
which such person last | ||||||
13 | registered shall, within 3 days after the reporting in person | ||||||
14 | of the person required to register under this Article of an | ||||||
15 | address or
employment change, notify the Department of State | ||||||
16 | Police. The Department of
State Police shall forward such | ||||||
17 | information to the out-of-state law enforcement
agency having | ||||||
18 | jurisdiction in the form and manner prescribed by the
| ||||||
19 | Department of State Police.
| ||||||
20 | (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-229, | ||||||
21 | eff. 8-16-07; 95-331, eff. 8-21-07; 95-640, eff. 6-1-08; | ||||||
22 | revised 11-19-07.)
| ||||||
23 | (730 ILCS 150/7) (from Ch. 38, par. 227)
| ||||||
24 | (Text of Section after amendment by P.A. 95-513 and 95-640 ) | ||||||
25 | Sec. 7. Duration of registration. |
| |||||||
| |||||||
1 | (a) Lifetime registration period. | ||||||
2 | (1) A person who has been adjudicated to
be
sexually | ||||||
3 | dangerous and is later released or found to be no longer | ||||||
4 | sexually
dangerous and discharged, shall register for the | ||||||
5 | period of his or her natural
life. | ||||||
6 | (2)
A sexually violent person or sexual predator shall | ||||||
7 | register for the period of
his or her natural life
after | ||||||
8 | conviction or adjudication if not confined to a penal | ||||||
9 | institution,
hospital, or other institution or facility, | ||||||
10 | and if confined, for
the period of his or her natural life | ||||||
11 | after parole, discharge, or release from
any such facility. | ||||||
12 | (3)
A person who becomes subject to registration under | ||||||
13 | this Article who has previously been subject to | ||||||
14 | registration under this Article or under the Child Murderer | ||||||
15 | and Violent Offender Against Youth Registration Act or | ||||||
16 | similar registration requirements of other jurisdictions | ||||||
17 | shall register for the period of his or her natural life if | ||||||
18 | not confined to a penal institution,
hospital, or other | ||||||
19 | institution or facility, and if confined, for
the period of | ||||||
20 | his or her natural life after parole, discharge, or release | ||||||
21 | from
any such facility. | ||||||
22 | (4) A person convicted for violation or attempted | ||||||
23 | violation of any of the following Sections of the Criminal | ||||||
24 | Code of 1961 who committed his or her sex offense prior to | ||||||
25 | January 1, 2009 shall register for the period of his or her | ||||||
26 | natural life after conviction or adjudication if not |
| |||||||
| |||||||
1 | confined to a penal institution, hospital, or other | ||||||
2 | institution or facility, and if confined, for the period of | ||||||
3 | his or her natural life after parole, discharge, or release | ||||||
4 | from any such facility: | ||||||
5 | 10-5.1 (luring of a minor, for a second or | ||||||
6 | subsequent offense), | ||||||
7 | 11-17.1 (keeping a place of juvenile
| ||||||
8 | prostitution), | ||||||
9 | 11-19.1 (juvenile pimping), | ||||||
10 | 11-19.2 (exploitation of a child), | ||||||
11 | 11-20.1 (child pornography), | ||||||
12 | 11-20.3 (aggravated child pornography), | ||||||
13 | 12-13 (criminal sexual assault), | ||||||
14 | 12-14 (aggravated criminal sexual assault), | ||||||
15 | 12-14.1 (predatory criminal sexual assault of a
| ||||||
16 | child), | ||||||
17 | 12-16 (aggravated criminal sexual abuse), | ||||||
18 | 12-33 (ritualized abuse of a child). | ||||||
19 | (5) A person convicted for violation or attempted | ||||||
20 | violation of any of the following Sections of the Criminal | ||||||
21 | Code of 1961 who committed his or her offense on or after | ||||||
22 | January 1, 2009 shall register for a period of his or her | ||||||
23 | natural life after conviction or adjudication if not | ||||||
24 | confined to a penal institution, hospital, or other | ||||||
25 | institution or facility, and if confined, for the period of | ||||||
26 | his or her natural life after parole, discharge, or release |
| |||||||
| |||||||
1 | from any such facility: | ||||||
2 | 10-5.1 (luring of a minor, for a second or | ||||||
3 | subsequent conviction), | ||||||
4 | 11-6 (indecent solicitation of a child), | ||||||
5 | 11-9.1 (sexual exploitation of a child, for a | ||||||
6 | second or subsequent offense or if the victim is under | ||||||
7 | 13 years of age), | ||||||
8 | 11-9.5 (sexual misconduct with a person with a | ||||||
9 | disability, if the victim is under 13 years of age), | ||||||
10 | 11-11 (sexual relations within families, if the | ||||||
11 | victim is under the age of 18), | ||||||
12 | 11-15 (soliciting a prostitute, for a second or | ||||||
13 | subsequent offense and the victim is under the age of | ||||||
14 | 18), | ||||||
15 | 11-15.1 (soliciting a juvenile prostitute), | ||||||
16 | 11-16 (pandering, if the victim is under the age of | ||||||
17 | 18), | ||||||
18 | 11-17.1 (keeping a place of juvenile | ||||||
19 | prostitution), | ||||||
20 | 11-18 (patronizing a prostitute, if the victim is | ||||||
21 | under the age of 18 and the conviction is a felony), | ||||||
22 | 11-18.1 (patronizing a juvenile prostitute), | ||||||
23 | 11-19 (pimping, if the victim is under the age of | ||||||
24 | 18 and the conviction is a felony), | ||||||
25 | 11-19.1 (juvenile pimping), | ||||||
26 | 11-19.2 (exploitation of a child), |
| |||||||
| |||||||
1 | 11-20.1 (child pornography), | ||||||
2 | 11-20.3 (aggravated child pornography), | ||||||
3 | 12-13 (criminal sexual assault), | ||||||
4 | 12-14 (aggravated criminal sexual assault), | ||||||
5 | 12-14.1 (predatory criminal sexual assault of a | ||||||
6 | child), | ||||||
7 | 12-15(a)(1) (criminal sexual abuse), | ||||||
8 | 12-15(a)(2) (criminal sexual abuse), | ||||||
9 | 12-16 (aggravated criminal sexual abuse), | ||||||
10 | 12-33 (ritualized abuse of a child), | ||||||
11 | 26-4 (unauthorized video recording and live video | ||||||
12 | transmission, if the victim is under the age of 18). | ||||||
13 | (6) A person convicted for violation or attempted | ||||||
14 | violation of any of the following Sections of the Criminal | ||||||
15 | Code of 1961 who committed his or her offense on or after | ||||||
16 | January 1, 2009 and the offense was sexually motivated as | ||||||
17 | defined in Section 10 of the Sex Offender Management Board | ||||||
18 | Act shall register for a period of his or her natural life | ||||||
19 | after conviction or adjudication if not confined to a penal | ||||||
20 | institution, hospital, or other institution or facility, | ||||||
21 | and if confined, for the period of his or her natural life | ||||||
22 | after parole, discharge, or release from any such facility: | ||||||
23 | 9-1 (first degree murder, if the victim is under | ||||||
24 | the age of 18, the accused is over the age of 16, and | ||||||
25 | the offense was sexually motivated as defined in | ||||||
26 | Section 10 of the Sex Offender Management Board Act), |
| |||||||
| |||||||
1 | 10-1 (kidnapping, if the victim is under the age of | ||||||
2 | 18 and the accused is not a parent of the victim), | ||||||
3 | 10-2 (aggravated kidnapping, if the victim is | ||||||
4 | under the age of 18 and the accused is not a parent of | ||||||
5 | the victim), | ||||||
6 | 10-5 (child abduction, if committed by luring or | ||||||
7 | attempting to lure a child under the age of 16 into a | ||||||
8 | motor vehicle, building, house trailer, or dwelling | ||||||
9 | place without the consent of the parent or lawful | ||||||
10 | custodian of the child for other than a lawful | ||||||
11 | purpose). | ||||||
12 | (b) Fifteen-year registration period. | ||||||
13 | (1) A person convicted for violation or attempted | ||||||
14 | violation of any of the following Sections of the Criminal | ||||||
15 | Code of 1961 who committed his or her offense on or after | ||||||
16 | January 1, 2009 shall register for a period of 15 years | ||||||
17 | after conviction or adjudication if not confined to a penal | ||||||
18 | institution, hospital, or other institution or facility, | ||||||
19 | and if confined, for the period of his or her natural life | ||||||
20 | after parole, discharge, or release from any such facility: | ||||||
21 | 10-4 (forcible detention, if the victim is under 18 | ||||||
22 | years of age), | ||||||
23 | 11-6.5 (indecent solicitation of an adult), | ||||||
24 | 11-9 (public indecency for a third or subsequent | ||||||
25 | conviction), | ||||||
26 | 11-9.1 (sexual exploitation of a child, for a first |
| |||||||
| |||||||
1 | offense if the victim is over the age of 12), | ||||||
2 | 11-9.5 (sexual misconduct with a person with a | ||||||
3 | disability, if the victim is over the age of 12), | ||||||
4 | 11-9.2 (custodial sexual misconduct), | ||||||
5 | 11-11 (sexual relations within families, if the | ||||||
6 | victim is over the age of 18), | ||||||
7 | 11-15 (soliciting a prostitute, if the victim is | ||||||
8 | under the age of 18 and the offense is a misdemeanor), | ||||||
9 | 11-18 (patronizing a prostitute, if the victim is | ||||||
10 | under the age of 18 and the offense is a misdemeanor), | ||||||
11 | 11-19 (pimping, if the victim is under the age of | ||||||
12 | 18 and the offense is a misdemeanor), | ||||||
13 | 12-15(b) (criminal sexual abuse), | ||||||
14 | 12-15(c) (criminal sexual abuse). | ||||||
15 | (2) A person convicted for violation or attempted | ||||||
16 | violation of any of the following Sections of the Criminal | ||||||
17 | Code of 1961 who committed his or her sex offense on or | ||||||
18 | after January 1, 2009 and the offense was sexually | ||||||
19 | motivated as defined in Section 10 of the Sex Offender | ||||||
20 | Management Board Act shall register for a period of 15 | ||||||
21 | years after conviction or adjudication if not confined to a | ||||||
22 | penal institution, hospital, or other institution or | ||||||
23 | facility, and if confined, for the period of his or her | ||||||
24 | natural life after parole, discharge, or release from any | ||||||
25 | such facility: | ||||||
26 | 10-3 (unlawful restraint, if the victim is under |
| |||||||
| |||||||
1 | the age of 18 and the accused is not a parent of the | ||||||
2 | victim), | ||||||
3 | 10-3.1 (aggravated unlawful restraint, if the | ||||||
4 | victim is under 18 years of age and the accused is not | ||||||
5 | a parent of the victim). | ||||||
6 | (3) A person convicted for violation or attempted | ||||||
7 | violation of Section 5.1 (permitting sexual abuse of a | ||||||
8 | child) of the Wrongs to Children Act who committed his or | ||||||
9 | her sex offense on or after January 1, 2009 shall be for 15 | ||||||
10 | years after conviction or adjudication if not confined to a | ||||||
11 | penal institution, hospital, or other institution or | ||||||
12 | facility, and if confined, for the period of his or her | ||||||
13 | natural life after parole, discharge, or release from any | ||||||
14 | such facility. | ||||||
15 | (c) Ten-year registration period. Any other person who is | ||||||
16 | required to register
under this Article who committed his or | ||||||
17 | her sex offense prior to January 1, 2009 shall be required to | ||||||
18 | register for a period of 10 years after
conviction or | ||||||
19 | adjudication if not confined to a penal institution, hospital
| ||||||
20 | or any other
institution or facility, and if confined, for a | ||||||
21 | period of 10 years after
parole, discharge or release from any | ||||||
22 | such facility. | ||||||
23 | (d) A sex offender who is
allowed to leave a county, State, | ||||||
24 | or federal facility for the purposes of work
release, | ||||||
25 | education, or overnight visitations shall be required
to | ||||||
26 | register within 3 days of beginning such a program. Liability |
| |||||||
| |||||||
1 | for
registration terminates at the expiration of 10 years from | ||||||
2 | the date of
conviction or adjudication if not confined to a | ||||||
3 | penal institution, hospital
or any other
institution or | ||||||
4 | facility and if confined, at the expiration of 10 years from | ||||||
5 | the
date of parole, discharge or release from any such | ||||||
6 | facility, providing such
person does not, during that period, | ||||||
7 | again
become
liable
to register under the provisions of this | ||||||
8 | Article.
Reconfinement due to a violation of parole or other | ||||||
9 | circumstances that relates to the original conviction or | ||||||
10 | adjudication shall extend the period of registration to 10 | ||||||
11 | years after final parole, discharge, or release. Reconfinement | ||||||
12 | due to a violation of parole or other circumstances that do not | ||||||
13 | relate to the original conviction or adjudication shall toll | ||||||
14 | the running of the balance of the 10-year period of | ||||||
15 | registration, which shall not commence running until after | ||||||
16 | final parole, discharge, or release. The Director of State | ||||||
17 | Police, consistent with administrative rules, shall
extend for | ||||||
18 | 10 years the registration period of any sex offender, as | ||||||
19 | defined
in Section 2 of this Act, who fails to
comply with the | ||||||
20 | provisions of this Article. The registration period for any sex | ||||||
21 | offender who fails to comply with any provision of the Act | ||||||
22 | shall extend the period of registration by 10 years beginning | ||||||
23 | from the first date of registration after the violation.
If the | ||||||
24 | registration period is extended, the Department of State Police | ||||||
25 | shall send a registered letter to the law enforcement agency | ||||||
26 | where the sex offender resides within 3 days after the |
| |||||||
| |||||||
1 | extension of the registration period. The sex offender shall | ||||||
2 | report to that law enforcement agency and sign for that letter. | ||||||
3 | One copy of that letter shall be kept on file with the law | ||||||
4 | enforcement agency of the jurisdiction where the sex offender | ||||||
5 | resides and one copy shall be returned to the Department of | ||||||
6 | State Police.
| ||||||
7 | (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-169, | ||||||
8 | eff. 8-14-07; 95-331, eff. 8-21-07; 95-513, eff. 6-1-08; | ||||||
9 | 95-640, eff. 6-1-08; revised 11-19-07.)
| ||||||
10 | (730 ILCS 150/8-5)
| ||||||
11 | (Text of Section after amendment by P.A. 95-579 )
| ||||||
12 | Sec. 8-5. Verification requirements. | ||||||
13 | (a) Address verification. The agency having
jurisdiction
| ||||||
14 | shall verify the
residential, employment, and school addresses | ||||||
15 | address of sex offenders, as defined in Section 2 of this Act, | ||||||
16 | or sexual
predators required to register with their
agency at | ||||||
17 | least once per year. The verification must be documented in
| ||||||
18 | LEADS in the form and manner required by the Department of | ||||||
19 | State Police. Verification may occur in any manner chosen by | ||||||
20 | the law enforcement agency including but not limited to an | ||||||
21 | annual mailing, viewing pay stubs, public utility bills, school | ||||||
22 | report cards, etc. | ||||||
23 | (a-5) Internet Protocol address verification. The agency | ||||||
24 | having jurisdiction may verify the Internet protocol (IP) | ||||||
25 | address of sex offenders, as defined in Section 2 of this Act, |
| |||||||
| |||||||
1 | who are required to register with their agency under Section 3 | ||||||
2 | of this Act. A copy of any such verification must be sent to | ||||||
3 | the Attorney General for entrance in the Illinois Cyber-crimes | ||||||
4 | Location Database pursuant to Section 5-4-3.2 of the Unified | ||||||
5 | Code of Corrections.
| ||||||
6 | (b) Registration verification. The supervising officer | ||||||
7 | shall, within 15 days of sentencing to probation or release | ||||||
8 | from an Illinois Department of Corrections facility, contact | ||||||
9 | the law enforcement agency in the jurisdiction in which the sex | ||||||
10 | offender or sexual predator designated as his or her intended | ||||||
11 | residence and verify compliance with the requirements of this | ||||||
12 | Act. Revocation proceedings shall be immediately commenced | ||||||
13 | against a sex offender or sexual predator on probation, parole, | ||||||
14 | or mandatory supervised release who fails to comply with the | ||||||
15 | requirements of this Act.
| ||||||
16 | (c) In an effort to ensure that sexual predators and sex | ||||||
17 | offenders who fail to respond to address-verification attempts | ||||||
18 | or who otherwise abscond from registration are located in a | ||||||
19 | timely manner, the Department of State Police shall share | ||||||
20 | information with local law enforcement agencies. The | ||||||
21 | Department shall use analytical resources to assist local law | ||||||
22 | enforcement agencies to determine the potential whereabouts of | ||||||
23 | any sexual predator or sex offender who fails to respond to | ||||||
24 | address-verification
attempts or who otherwise absconds from | ||||||
25 | registration. The Department shall review and analyze all | ||||||
26 | available information concerning any such predator or offender |
| |||||||
| |||||||
1 | who fails to respond to address-verification attempts or who | ||||||
2 | otherwise absconds from registration and provide the | ||||||
3 | information to local law enforcement agencies in order to | ||||||
4 | assist the agencies in locating and apprehending the sexual | ||||||
5 | predator or sex offender.
| ||||||
6 | (Source: P.A. 94-988, eff. 1-1-07; 95-579, eff. 6-1-08.)
| ||||||
7 | Section 99. Effective date. This Act takes effect January | ||||||
8 | 1, 2009.".
|