SB1702 Enrolled LRB096 07601 RLC 17697 b

1     AN ACT concerning sex offenders.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The State Finance Act is amended by adding
5 Section 5.755 as follows:
 
6     (30 ILCS 105/5.755 new)
7     Sec. 5.755. The Attorney General Sex Offender Awareness,
8 Training, and Education Fund.
 
9     Section 10. The Sex Offender Registration Act is amended by
10 changing Section 3 as follows:
 
11     (730 ILCS 150/3)
12     Sec. 3. Duty to register.
13     (a) A sex offender, as defined in Section 2 of this Act, or
14 sexual predator shall, within the time period prescribed in
15 subsections (b) and (c), register in person and provide
16 accurate information as required by the Department of State
17 Police. Such information shall include a current photograph,
18 current address, current place of employment, the employer's
19 telephone number, school attended, all e-mail addresses,
20 instant messaging identities, chat room identities, and other
21 Internet communications identities that the sex offender uses

 

 

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1 or plans to use, all Uniform Resource Locators (URLs)
2 registered or used by the sex offender, all blogs and other
3 Internet sites maintained by the sex offender or to which the
4 sex offender has uploaded any content or posted any messages or
5 information, extensions of the time period for registering as
6 provided in this Article and, if an extension was granted, the
7 reason why the extension was granted and the date the sex
8 offender was notified of the extension. The information shall
9 also include the county of conviction, license plate numbers
10 for every vehicle registered in the name of the sex offender,
11 the age of the sex offender at the time of the commission of
12 the offense, the age of the victim at the time of the
13 commission of the offense, and any distinguishing marks located
14 on the body of the sex offender. A sex offender convicted under
15 Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code
16 of 1961 shall provide all Internet protocol (IP) addresses in
17 his or her residence, registered in his or her name, accessible
18 at his or her place of employment, or otherwise under his or
19 her control or custody. The sex offender or sexual predator
20 shall register:
21         (1) with the chief of police in the municipality in
22     which he or she resides or is temporarily domiciled for a
23     period of time of 5 or more days, unless the municipality
24     is the City of Chicago, in which case he or she shall
25     register at the Chicago Police Department Headquarters; or
26         (2) with the sheriff in the county in which he or she

 

 

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1     resides or is temporarily domiciled for a period of time of
2     5 or more days in an unincorporated area or, if
3     incorporated, no police chief exists.
4     If the sex offender or sexual predator is employed at or
5 attends an institution of higher education, he or she shall
6 register:
7         (i) with the chief of police in the municipality in
8     which he or she is employed at or attends an institution of
9     higher education, unless the municipality is the City of
10     Chicago, in which case he or she shall register at the
11     Chicago Police Department Headquarters; or
12         (ii) with the sheriff in the county in which he or she
13     is employed or attends an institution of higher education
14     located in an unincorporated area, or if incorporated, no
15     police chief exists.
16 For purposes of this Article, the place of residence or
17 temporary domicile is defined as any and all places where the
18 sex offender resides for an aggregate period of time of 5 or
19 more days during any calendar year. Any person required to
20 register under this Article who lacks a fixed address or
21 temporary domicile must notify, in person, the agency of
22 jurisdiction of his or her last known address within 3 days
23 after ceasing to have a fixed residence.
24     Any person who lacks a fixed residence must report weekly,
25 in person, with the sheriff's office of the county in which he
26 or she is located in an unincorporated area, or with the chief

 

 

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

 

 

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1     Headquarters; or
2         (2) with the sheriff in the county in which he or she
3     attends school or is employed for a period of time of 5 or
4     more days or for an aggregate period of time of more than
5     30 days during any calendar year in an unincorporated area
6     or, if incorporated, no police chief exists.
7     The out-of-state student or out-of-state employee shall
8 provide accurate information as required by the Department of
9 State Police. That information shall include the out-of-state
10 student's current place of school attendance or the
11 out-of-state employee's current place of employment.
12     (a-10) Any law enforcement agency registering sex
13 offenders or sexual predators in accordance with subsections
14 (a) or (a-5) of this Section shall forward to the Attorney
15 General a copy of sex offender registration forms from persons
16 convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the
17 Criminal Code of 1961, including periodic and annual
18 registrations under Section 6 of this Act.
19     (b) Any sex offender, as defined in Section 2 of this Act,
20 or sexual predator, regardless of any initial, prior, or other
21 registration, shall, within 3 days of beginning school, or
22 establishing a residence, place of employment, or temporary
23 domicile in any county, register in person as set forth in
24 subsection (a) or (a-5).
25     (c) The registration for any person required to register
26 under this Article shall be as follows:

 

 

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1         (1) Any person registered under the Habitual Child Sex
2     Offender Registration Act or the Child Sex Offender
3     Registration Act prior to January 1, 1996, shall be deemed
4     initially registered as of January 1, 1996; however, this
5     shall not be construed to extend the duration of
6     registration set forth in Section 7.
7         (2) Except as provided in subsection (c)(4), any person
8     convicted or adjudicated prior to January 1, 1996, whose
9     liability for registration under Section 7 has not expired,
10     shall register in person prior to January 31, 1996.
11         (2.5) Except as provided in subsection (c)(4), any
12     person who has not been notified of his or her
13     responsibility to register shall be notified by a criminal
14     justice entity of his or her responsibility to register.
15     Upon notification the person must then register within 3
16     days of notification of his or her requirement to register.
17     If notification is not made within the offender's 10 year
18     registration requirement, and the Department of State
19     Police determines no evidence exists or indicates the
20     offender attempted to avoid registration, the offender
21     will no longer be required to register under this Act.
22         (3) Except as provided in subsection (c)(4), any person
23     convicted on or after January 1, 1996, shall register in
24     person within 3 days after the entry of the sentencing
25     order based upon his or her conviction.
26         (4) Any person unable to comply with the registration

 

 

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1     requirements of this Article because he or she is confined,
2     institutionalized, or imprisoned in Illinois on or after
3     January 1, 1996, shall register in person within 3 days of
4     discharge, parole or release.
5         (5) The person shall provide positive identification
6     and documentation that substantiates proof of residence at
7     the registering address.
8         (6) The person shall pay a $100 $20 initial
9     registration fee and a $100 $10 annual renewal fee. The
10     fees shall be used by the registering agency for official
11     purposes. The agency shall establish procedures to
12     document receipt and use of the funds. The law enforcement
13     agency having jurisdiction may waive the registration fee
14     if it determines that the person is indigent and unable to
15     pay the registration fee. Thirty Ten dollars for the
16     initial registration fee and $30 $5 of the annual renewal
17     fee shall be used by the registering agency for official
18     purposes. Ten dollars of the initial registration fee and
19     $10 $5 of the annual fee shall be deposited into the Sex
20     Offender Management Board Fund under Section 19 of the Sex
21     Offender Management Board Act. Money deposited into the Sex
22     Offender Management Board Fund shall be administered by the
23     Sex Offender Management Board and shall be used to fund
24     practices endorsed or required by the Sex Offender
25     Management Board Act including but not limited to sex
26     offenders evaluation, treatment, or monitoring programs

 

 

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1     that are or may be developed, as well as for administrative
2     costs, including staff, incurred by the Board. Thirty
3     dollars of the initial registration fee and $30 of the
4     annual renewal fee shall be deposited into the Sex Offender
5     Registration Fund and shall be used by the Department of
6     State Police to maintain and update the Illinois State
7     Police Sex Offender Registry. Thirty dollars of the initial
8     registration fee and $30 of the annual renewal fee shall be
9     deposited into the Attorney General Sex Offender
10     Awareness, Training, and Education Fund. Moneys deposited
11     into the Fund shall be used by the Attorney General to
12     administer the I-SORT program and to alert and educate the
13     public, victims, and witnesses of their rights under
14     various victim notification laws and for training law
15     enforcement agencies, State's Attorneys, and medical
16     providers of their legal duties concerning the prosecution
17     and investigation of sex offenses.
18     (d) Within 3 days after obtaining or changing employment
19 and, if employed on January 1, 2000, within 5 days after that
20 date, a person required to register under this Section must
21 report, in person to the law enforcement agency having
22 jurisdiction, the business name and address where he or she is
23 employed. If the person has multiple businesses or work
24 locations, every business and work location must be reported to
25 the law enforcement agency having jurisdiction.
26 (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-994,

 

 

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1 eff. 1-1-07; 95-229, eff. 8-16-07; 95-579, eff. 6-1-08; 95-640,
2 eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. 8-21-08.)
 
3     Section 99. Effective date. This Act takes effect January
4 1, 2011.