|
| | SB1759 Engrossed | | LRB100 11326 SLF 21701 b |
|
|
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, 3, and 6 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 |
|
| | SB1759 Engrossed | - 2 - | LRB100 11326 SLF 21701 b |
|
|
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) declared as a sexually dangerous person pursuant to |
20 | | 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 |
|
| | SB1759 Engrossed | - 3 - | LRB100 11326 SLF 21701 b |
|
|
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".
|
24 | | (B) As used in this Article, "sex offense" means:
|
25 | | (1) A violation of any of the following Sections of the |
26 | | Criminal Code of
1961 or the Criminal Code of 2012:
|
|
| | SB1759 Engrossed | - 4 - | LRB100 11326 SLF 21701 b |
|
|
1 | | 11-20.1 (child pornography),
|
2 | | 11-20.1B or 11-20.3 (aggravated child |
3 | | pornography),
|
4 | | 11-6 (indecent solicitation of a child),
|
5 | | 11-9.1 (sexual exploitation of a child),
|
6 | | 11-9.2 (custodial sexual misconduct),
|
7 | | 11-9.5 (sexual misconduct with a person with a |
8 | | disability), |
9 | | 11-14.4 (promoting juvenile prostitution),
|
10 | | 11-15.1 (soliciting for a juvenile prostitute),
|
11 | | 11-18.1 (patronizing a juvenile prostitute),
|
12 | | 11-17.1 (keeping a place of juvenile |
13 | | prostitution),
|
14 | | 11-19.1 (juvenile pimping),
|
15 | | 11-19.2 (exploitation of a child),
|
16 | | 11-25 (grooming), |
17 | | 11-26 (traveling to meet a minor),
|
18 | | 11-1.20 or 12-13 (criminal sexual assault),
|
19 | | 11-1.30 or 12-14 (aggravated criminal sexual |
20 | | assault),
|
21 | | 11-1.40 or 12-14.1 (predatory criminal sexual |
22 | | assault of a child),
|
23 | | 11-1.50 or 12-15 (criminal sexual abuse),
|
24 | | 11-1.60 or 12-16 (aggravated criminal sexual |
25 | | abuse),
|
26 | | 12-33 (ritualized abuse of a child).
|
|
| | SB1759 Engrossed | - 5 - | LRB100 11326 SLF 21701 b |
|
|
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 or the Criminal Code of 2012, |
4 | | when the victim is a person under 18 years of age, the
|
5 | | defendant is not a parent of the victim, the offense was |
6 | | sexually motivated as defined in Section 10 of the Sex |
7 | | Offender Evaluation and Treatment Act, and the offense was |
8 | | committed on or
after January 1, 1996:
|
9 | | 10-1 (kidnapping),
|
10 | | 10-2 (aggravated kidnapping),
|
11 | | 10-3 (unlawful restraint),
|
12 | | 10-3.1 (aggravated unlawful restraint).
|
13 | | If the offense was committed before January 1, 1996, it |
14 | | is a sex offense requiring registration only when the |
15 | | person is convicted of any felony after July 1, 2011, and |
16 | | paragraph (2.1) of subsection (c) of Section 3 of this Act |
17 | | applies.
|
18 | | (1.6)
First degree murder under Section 9-1 of the |
19 | | Criminal Code of 1961 or the Criminal Code of 2012,
|
20 | | provided the offense was sexually motivated as defined in |
21 | | Section 10 of the Sex Offender Management Board Act.
|
22 | | (1.7) (Blank).
|
23 | | (1.8) A violation or attempted violation of Section |
24 | | 11-11 (sexual
relations within families) of the Criminal |
25 | | Code of 1961 or the Criminal Code of 2012, and the offense |
26 | | was committed on or after
June 1, 1997. If the offense was |
|
| | SB1759 Engrossed | - 6 - | LRB100 11326 SLF 21701 b |
|
|
1 | | committed before June 1, 1997, it is a sex offense |
2 | | requiring registration only when the person is convicted of |
3 | | any felony after July 1, 2011, and paragraph (2.1) of |
4 | | subsection (c) of Section 3 of this Act applies.
|
5 | | (1.9) Child abduction under paragraph (10) of |
6 | | subsection
(b) of Section 10-5 of the Criminal Code of 1961 |
7 | | or the Criminal Code of 2012 committed by luring or
|
8 | | attempting to lure a child under the age of 16 into a motor |
9 | | vehicle, building,
house trailer, or dwelling place |
10 | | without the consent of the parent or lawful
custodian of |
11 | | the child for other than a lawful purpose and the offense |
12 | | was
committed on or after January 1, 1998, provided the |
13 | | offense was sexually motivated as defined in Section 10 of |
14 | | the Sex Offender Management Board Act. If the offense was |
15 | | committed before January 1, 1998, it is a sex offense |
16 | | requiring registration only when the person is convicted of |
17 | | any felony after July 1, 2011, and paragraph (2.1) of |
18 | | subsection (c) of Section 3 of this Act applies.
|
19 | | (1.10) A violation or attempted violation of any of the |
20 | | following Sections
of the Criminal Code of 1961 or the |
21 | | Criminal Code of 2012 when the offense was committed on or |
22 | | after July
1, 1999:
|
23 | | 10-4 (forcible detention, if the victim is under 18 |
24 | | years of age), provided the offense was sexually |
25 | | motivated as defined in Section 10 of the Sex Offender |
26 | | Management Board Act,
|
|
| | SB1759 Engrossed | - 7 - | LRB100 11326 SLF 21701 b |
|
|
1 | | 11-6.5 (indecent solicitation of an adult),
|
2 | | 11-14.3 that involves soliciting for a prostitute, |
3 | | or 11-15 (soliciting for a prostitute, if the victim is |
4 | | under 18 years
of age),
|
5 | | subdivision (a)(2)(A) or (a)(2)(B) of Section |
6 | | 11-14.3, or Section 11-16 (pandering, if the victim is |
7 | | under 18 years of age),
|
8 | | 11-18 (patronizing a prostitute, if the victim is |
9 | | under 18 years
of age),
|
10 | | subdivision (a)(2)(C) of Section 11-14.3, or |
11 | | Section 11-19 (pimping, if the victim is under 18 years |
12 | | of age).
|
13 | | If the offense was committed before July 1, 1999, it is |
14 | | a sex offense requiring registration only when the person |
15 | | is convicted of any felony after July 1, 2011, and |
16 | | paragraph (2.1) of subsection (c) of Section 3 of this Act |
17 | | applies.
|
18 | | (1.11) A violation or attempted violation of any of the |
19 | | following
Sections of the Criminal Code of 1961 or the |
20 | | Criminal Code of 2012 when the offense was committed on or
|
21 | | after August 22, 2002:
|
22 | | 11-9 or 11-30 (public indecency for a third or |
23 | | subsequent conviction). |
24 | | If the third or subsequent conviction was imposed |
25 | | before August 22, 2002, it is a sex offense requiring |
26 | | registration only when the person is convicted of any |
|
| | SB1759 Engrossed | - 8 - | LRB100 11326 SLF 21701 b |
|
|
1 | | felony after July 1, 2011, and paragraph (2.1) of |
2 | | subsection (c) of Section 3 of this Act applies.
|
3 | | (1.12) A violation or attempted violation of Section
|
4 | | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the |
5 | | Criminal Code of 1961 or the Criminal Code of 2012 |
6 | | (permitting sexual abuse) when the
offense was committed on |
7 | | or after August 22, 2002. If the offense was committed |
8 | | before August 22, 2002, it is a sex offense requiring |
9 | | registration only when the person is convicted of any |
10 | | felony after July 1, 2011, and paragraph (2.1) of |
11 | | subsection (c) of Section 3 of this Act applies.
|
12 | | (2) A violation of any former law of this State |
13 | | substantially equivalent
to any offense listed in |
14 | | subsection (B) of this Section.
|
15 | | (C) A conviction for an offense of federal law, Uniform |
16 | | Code of Military
Justice, or the law of another state
or a |
17 | | foreign country that is substantially equivalent to any offense |
18 | | listed
in subsections (B), (C), (E), and (E-5) of this Section |
19 | | shall
constitute a
conviction for the purpose
of this Article. |
20 | | A finding or adjudication as a sexually dangerous person
or a |
21 | | sexually violent person under any federal law, Uniform Code of |
22 | | Military
Justice, or the law of another state or
foreign |
23 | | country that is substantially equivalent to the Sexually |
24 | | Dangerous
Persons Act or the Sexually Violent Persons |
25 | | Commitment Act shall constitute an
adjudication for the |
26 | | purposes of this Article.
|
|
| | SB1759 Engrossed | - 9 - | LRB100 11326 SLF 21701 b |
|
|
1 | | (C-5) A person at least 17 years of age at the time of the |
2 | | commission of
the offense who is convicted of first degree |
3 | | murder under Section 9-1 of the
Criminal Code of 1961 or the |
4 | | Criminal Code of 2012, against a person
under 18 years of age, |
5 | | shall be required to register
for natural life.
A conviction |
6 | | for an offense of federal, Uniform Code of Military Justice,
|
7 | | sister state, or foreign country law that is substantially |
8 | | equivalent to any
offense listed in subsection (C-5) of this |
9 | | Section shall constitute a
conviction for the purpose of this |
10 | | Article. This subsection (C-5) applies to a person who |
11 | | committed the offense before June 1, 1996 if: (i) the person is |
12 | | incarcerated in an Illinois Department of Corrections facility |
13 | | on August 20, 2004 (the effective date of Public Act 93-977), |
14 | | or (ii) subparagraph (i) does not apply and the person is |
15 | | convicted of any felony after July 1, 2011, and paragraph (2.1) |
16 | | of subsection (c) of Section 3 of this Act applies.
|
17 | | (C-6) A person who is convicted or adjudicated delinquent |
18 | | of first degree murder as defined in Section 9-1 of the |
19 | | Criminal Code of 1961 or the Criminal Code of 2012, against a |
20 | | person 18 years of age or over, shall be required to register |
21 | | for his or her natural life. A conviction for an offense of |
22 | | federal, Uniform Code of Military Justice, sister state, or |
23 | | foreign country law that is substantially equivalent to any |
24 | | offense listed in subsection (C-6) of this Section shall |
25 | | constitute a conviction for the purpose of this Article. This |
26 | | subsection (C-6) does not apply to those individuals released |
|
| | SB1759 Engrossed | - 10 - | LRB100 11326 SLF 21701 b |
|
|
1 | | from incarceration more than 10 years prior to January 1, 2012 |
2 | | (the effective date of Public Act 97-154). |
3 | | (D) As used in this Article, "law enforcement agency having |
4 | | jurisdiction"
means the Chief of Police in each of the |
5 | | municipalities in which the sex offender
expects to reside, |
6 | | work, or attend school (1) upon his or her discharge,
parole or |
7 | | release or
(2) during the service of his or her sentence of |
8 | | probation or conditional
discharge, or the Sheriff of the |
9 | | county, in the event no Police Chief exists
or if the offender |
10 | | intends to reside, work, or attend school in an
unincorporated |
11 | | area.
"Law enforcement agency having jurisdiction" includes |
12 | | the location where
out-of-state students attend school and |
13 | | where out-of-state employees are
employed or are otherwise |
14 | | required to register.
|
15 | | (D-1) As used in this Article, "supervising officer" means |
16 | | the assigned Illinois Department of Corrections parole agent or |
17 | | county probation officer. |
18 | | (E) As used in this Article, "sexual predator" means any |
19 | | person who,
after July 1, 1999, is:
|
20 | | (1) Convicted for an offense of federal, Uniform Code |
21 | | of Military
Justice, sister state, or foreign country law |
22 | | that is substantially equivalent
to any offense listed in |
23 | | subsection (E) or (E-5) of this Section shall constitute a
|
24 | | conviction for the purpose of this Article.
Convicted of a |
25 | | violation or attempted violation of any of the following
|
26 | | Sections of the
Criminal Code of 1961 or the Criminal Code |
|
| | SB1759 Engrossed | - 11 - | LRB100 11326 SLF 21701 b |
|
|
1 | | of 2012:
|
2 | | 10-5.1 (luring of a minor),
|
3 | | 11-14.4 that involves keeping a place of juvenile |
4 | | prostitution, or 11-17.1 (keeping a place of juvenile |
5 | | prostitution),
|
6 | | subdivision (a)(2) or (a)(3) of Section 11-14.4, |
7 | | or Section 11-19.1 (juvenile pimping),
|
8 | | subdivision (a)(4) of Section 11-14.4, or Section |
9 | | 11-19.2 (exploitation of a child),
|
10 | | 11-20.1 (child pornography),
|
11 | | 11-20.1B or 11-20.3 (aggravated child |
12 | | pornography),
|
13 | | 11-1.20 or 12-13 (criminal sexual assault),
|
14 | | 11-1.30 or 12-14 (aggravated criminal sexual |
15 | | assault),
|
16 | | 11-1.40 or 12-14.1 (predatory criminal sexual |
17 | | assault of a child),
|
18 | | 11-1.60 or 12-16 (aggravated criminal sexual |
19 | | abuse),
|
20 | | 12-33 (ritualized abuse of a child);
|
21 | | (2) (blank);
|
22 | | (3) declared as a sexually dangerous person pursuant to |
23 | | the Sexually
Dangerous Persons Act or any substantially |
24 | | similar federal, Uniform Code of
Military Justice, sister |
25 | | state, or
foreign country law;
|
26 | | (4) found to be a sexually violent person pursuant to |
|
| | SB1759 Engrossed | - 12 - | LRB100 11326 SLF 21701 b |
|
|
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;
|
4 | | (5) convicted of a second or subsequent offense which |
5 | | requires
registration pursuant to this Act. For purposes of |
6 | | this paragraph
(5), "convicted" shall include a conviction |
7 | | under any
substantially similar
Illinois, federal, Uniform |
8 | | Code of Military Justice, sister state, or
foreign country |
9 | | law;
|
10 | | (6) (blank); or |
11 | | (7) if the person was convicted of an offense set forth |
12 | | in this subsection (E) on or before July 1, 1999, the |
13 | | person is a sexual predator for whom registration is |
14 | | required only when the person is convicted of a felony |
15 | | offense after July 1, 2011, and paragraph (2.1) of |
16 | | subsection (c) of Section 3 of this Act applies. |
17 | | (E-5) As used in this Article, "sexual predator" also means |
18 | | a person convicted of a violation or attempted violation of any |
19 | | of the following
Sections of the
Criminal Code of 1961 or the |
20 | | Criminal Code of 2012: |
21 | | (1) Section 9-1 (first degree murder,
when the victim |
22 | | was a person under 18 years of age and the defendant was at |
23 | | least
17 years of age at the time of the commission of the |
24 | | offense, provided the offense was sexually motivated as |
25 | | defined in Section 10 of the Sex Offender Management Board |
26 | | Act); |
|
| | SB1759 Engrossed | - 13 - | LRB100 11326 SLF 21701 b |
|
|
1 | | (2) Section 11-9.5 (sexual misconduct with a person |
2 | | with a disability); |
3 | | (3) when the victim is a person under 18 years of age, |
4 | | the
defendant is not a parent of the victim, the offense |
5 | | was sexually motivated as defined in Section 10 of the Sex |
6 | | Offender Management Board Act, and the offense was |
7 | | committed on or
after January 1, 1996: (A) Section 10-1 |
8 | | (kidnapping), (B) Section 10-2 (aggravated kidnapping), |
9 | | (C) Section 10-3 (unlawful restraint), and (D) Section |
10 | | 10-3.1 (aggravated unlawful restraint); and |
11 | | (4) Section 10-5(b)(10) (child abduction committed by |
12 | | luring or
attempting to lure a child under the age of 16 |
13 | | into a motor vehicle, building,
house trailer, or dwelling |
14 | | place without the consent of the parent or lawful
custodian |
15 | | of the child for other than a lawful purpose and the |
16 | | offense was
committed on or after January 1, 1998, provided |
17 | | the offense was sexually motivated as defined in Section 10 |
18 | | of the Sex Offender Management Board Act). |
19 | | (E-10) As used in this Article, "sexual predator" also |
20 | | means a person required to register in another State due to a |
21 | | conviction, adjudication or other action of any court |
22 | | triggering an obligation to register as a sex offender, sexual |
23 | | predator, or substantially similar status under the laws of |
24 | | that State. |
25 | | (F) As used in this Article, "out-of-state student" means |
26 | | any sex
offender, as defined in this Section,
or sexual |
|
| | SB1759 Engrossed | - 14 - | LRB100 11326 SLF 21701 b |
|
|
1 | | predator who is enrolled in Illinois, on a full-time or |
2 | | part-time
basis, in any public or private educational |
3 | | institution, including, but not
limited to, any secondary |
4 | | school, trade or professional institution, or
institution of |
5 | | higher learning.
|
6 | | (G) As used in this Article, "out-of-state employee" means |
7 | | any sex
offender, as defined in this Section,
or sexual |
8 | | predator who works in Illinois, regardless of whether the |
9 | | individual
receives payment for services performed, for a |
10 | | period of time of 10 or more days
or for an aggregate period of |
11 | | time of 30 or more days
during any calendar year.
Persons who |
12 | | operate motor vehicles in the State accrue one day of |
13 | | employment
time for any portion of a day spent in Illinois.
|
14 | | (H) As used in this Article, "school" means any public or |
15 | | private educational institution, including, but not limited |
16 | | to, any elementary or secondary school, trade or professional |
17 | | institution, or institution of higher education. |
18 | | (I) As used in this Article, "fixed residence" means any |
19 | | and all places that a sex offender resides for an aggregate |
20 | | period of time of 5 or more days in a calendar year , including |
21 | | a hospital, nursing home, or other in-patient facility where |
22 | | the sex offender is required to reside as a condition of |
23 | | mandatory supervised release, probation, or conditional |
24 | | discharge, provided the location of the facility otherwise |
25 | | complies with subsection (a) of Section 8 of this Act .
|
26 | | (J) As used in this Article, "Internet protocol address" |
|
| | SB1759 Engrossed | - 15 - | LRB100 11326 SLF 21701 b |
|
|
1 | | means the string of numbers by which a location on the Internet |
2 | | is identified by routers or other computers connected to the |
3 | | Internet. |
4 | | (Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11; |
5 | | 96-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; |
6 | | 97-1073, eff. 1-1-13; 97-1098, eff. 1-1-13; 97-1109, eff. |
7 | | 1-1-13; 97-1150, eff. 1-25-13.) |
8 | | (730 ILCS 150/3) |
9 | | Sec. 3. Duty to register.
|
10 | | (a) A sex offender, as defined in Section 2 of this Act, or |
11 | | sexual
predator shall, within the time period
prescribed in |
12 | | subsections (b) and (c), register in person
and provide |
13 | | accurate information as required by the Department of State
|
14 | | Police. Such information shall include a current photograph,
|
15 | | current address,
current place of employment, the sex |
16 | | offender's or sexual predator's telephone number, including |
17 | | cellular telephone number, the employer's telephone number, |
18 | | school attended, all e-mail addresses, instant messaging |
19 | | identities, chat room identities, and other Internet |
20 | | communications identities that the sex offender uses or plans |
21 | | to use, all Uniform Resource Locators (URLs) registered or used |
22 | | by the sex offender, all blogs and other Internet sites |
23 | | maintained by the sex offender or to which the sex offender has |
24 | | uploaded any content or posted any messages or information, |
25 | | extensions of the time period for registering as provided in |
|
| | SB1759 Engrossed | - 16 - | LRB100 11326 SLF 21701 b |
|
|
1 | | this Article and, if an extension was granted, the reason why |
2 | | the extension was granted and the date the sex offender was |
3 | | notified of the extension. Where not otherwise prohibited by |
4 | | law, a Department of Corrections issued identification card, in |
5 | | addition to other government-issued identification, shall be |
6 | | sufficient to provide accurate photo identification of the |
7 | | registrant for purposes of registration or renewal under this |
8 | | Act. The information shall also include a copy of the terms and |
9 | | conditions of parole or release signed by the sex offender and |
10 | | given to the sex offender by his or her supervising officer or |
11 | | aftercare specialist, the county of conviction, license plate |
12 | | numbers for every vehicle registered in the name of the sex |
13 | | offender, the age of the sex offender at the time of the |
14 | | commission of the offense, the age of the victim at the time of |
15 | | the commission of the offense, and any distinguishing marks |
16 | | located on the body of the sex offender. A sex offender |
17 | | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or |
18 | | 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012 |
19 | | shall provide all Internet protocol (IP) addresses in his or |
20 | | her residence, registered in his or her name, accessible at his |
21 | | or her place of employment, or otherwise under his or her |
22 | | control or custody. If the sex offender is a child sex offender |
23 | | as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of |
24 | | 1961 or the Criminal Code of 2012, the sex offender shall |
25 | | report to the registering agency whether he or she is living in |
26 | | a household with a child under 18 years of age who is not his or |
|
| | SB1759 Engrossed | - 17 - | LRB100 11326 SLF 21701 b |
|
|
1 | | her own child, provided that his or her own child is not the |
2 | | victim of the sex offense. The sex offender or
sexual predator |
3 | | shall register:
|
4 | | (1) with the chief of police in the municipality in |
5 | | which he or she
resides or is temporarily domiciled for a |
6 | | period of time of 3 or more
days, unless the
municipality |
7 | | is the City of Chicago, in which case he or she shall |
8 | | register
at a fixed location designated by the |
9 | | Superintendent of the Chicago Police Department; or
|
10 | | (2) with the sheriff in the county in which
he or she |
11 | | resides or is
temporarily domiciled
for a period of time of |
12 | | 3 or more days in an unincorporated
area or, if |
13 | | incorporated, no police chief exists.
|
14 | | If the sex offender or sexual predator is employed at or |
15 | | attends an institution of higher education, he or she shall |
16 | | also register:
|
17 | | (i) with: |
18 | | (A) the chief of police in the municipality in |
19 | | which he or she is employed at or attends an |
20 | | institution of higher education, unless the |
21 | | municipality is the City of Chicago, in which case he |
22 | | or she shall register at a fixed location designated by |
23 | | the Superintendent of the Chicago Police Department; |
24 | | or |
25 | | (B) the sheriff in the county in which he or she is |
26 | | employed or attends an institution of higher education |
|
| | SB1759 Engrossed | - 18 - | LRB100 11326 SLF 21701 b |
|
|
1 | | located in an unincorporated area, or if incorporated, |
2 | | no police chief exists; and
|
3 | | (ii) with the public safety or security director of the |
4 | | institution of higher education which he or she is employed |
5 | | at or attends.
|
6 | | The registration fees shall only apply to the municipality |
7 | | or county of primary registration, and not to campus |
8 | | registration. |
9 | | For purposes of this Article, the place of residence or |
10 | | temporary
domicile is defined as any and all places where the |
11 | | sex offender resides
for an aggregate period of time of 3 or |
12 | | more days during any calendar year. If a sex offender is |
13 | | released from custody and placed in a hospital, nursing home, |
14 | | or other in-patient facility where the sex offender is required |
15 | | to reside as a condition of mandatory supervised release, |
16 | | probation, or conditional discharge, the person shall register |
17 | | that address as his or her fixed residence provided the |
18 | | location of the facility otherwise complies with subsection (a) |
19 | | of Section 8 of this Act.
Any person required to register under |
20 | | this Article who lacks a fixed address or temporary domicile |
21 | | must notify, in person, the agency of jurisdiction of his or |
22 | | her last known address within 3 days after ceasing to have a |
23 | | fixed residence. |
24 | | A sex offender or sexual predator who is temporarily absent |
25 | | from his or her current address of registration for 3 or more |
26 | | days shall notify the law enforcement agency having |
|
| | SB1759 Engrossed | - 19 - | LRB100 11326 SLF 21701 b |
|
|
1 | | jurisdiction of his or her current registration, including the |
2 | | itinerary for travel, in the manner provided in Section 6 of |
3 | | this Act for notification to the law enforcement agency having |
4 | | jurisdiction of change of address. |
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 3 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. A sex offender convicted under |
22 | | Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the |
23 | | Criminal Code of 1961 or the Criminal Code of 2012 shall |
24 | | provide all Internet protocol (IP) addresses in his or her |
25 | | residence, registered in his or her name, accessible at his or |
26 | | her place of employment, or otherwise under his or her control |
|
| | SB1759 Engrossed | - 20 - | LRB100 11326 SLF 21701 b |
|
|
1 | | or custody. The out-of-state student or out-of-state employee |
2 | | shall register:
|
3 | | (1) with: |
4 | | (A) the chief of police in the municipality in |
5 | | which he or she attends school or is employed for a |
6 | | period of time of 5
or more days or for an
aggregate |
7 | | period of time of more than 30 days during any
calendar |
8 | | year, unless the
municipality is the City of Chicago, |
9 | | in which case he or she shall register at
a fixed |
10 | | location designated by the Superintendent of the |
11 | | Chicago Police Department; or
|
12 | | (B) the sheriff in the county in which
he or she |
13 | | attends school or is
employed for a period of time of 5 |
14 | | or more days or
for an aggregate period of
time of more |
15 | | than 30 days during any calendar year in an
|
16 | | unincorporated area
or, if incorporated, no police |
17 | | chief exists; and |
18 | | (2) with the public safety or security director of the |
19 | | institution of higher education he or she is employed at or |
20 | | attends for a period of time of 5 or more days or for an |
21 | | aggregate period of time of more than 30 days during a |
22 | | calendar year. |
23 | | The registration fees shall only apply to the municipality |
24 | | or county of primary registration, and not to campus |
25 | | registration. |
26 | | The out-of-state student or out-of-state employee shall |
|
| | SB1759 Engrossed | - 21 - | LRB100 11326 SLF 21701 b |
|
|
1 | | provide accurate
information as required by the Department of |
2 | | State Police. That information
shall include the out-of-state |
3 | | student's current place of school attendance or
the |
4 | | out-of-state employee's current place of employment.
|
5 | | (a-10) Any law enforcement agency registering sex |
6 | | offenders or sexual predators in accordance with subsections |
7 | | (a) or (a-5) of this Section shall forward to the Attorney |
8 | | General a copy of sex offender registration forms from persons |
9 | | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or |
10 | | 11-21 of the Criminal Code of 1961 or the Criminal Code of |
11 | | 2012, including periodic and annual registrations under |
12 | | Section 6 of this Act. |
13 | | (b) Any sex offender, as defined in Section 2 of this Act, |
14 | | or sexual
predator, regardless of any initial,
prior, or other |
15 | | registration, shall, within 3 days of beginning school,
or |
16 | | establishing a
residence, place of employment, or temporary |
17 | | domicile in
any county, register in person as set forth in |
18 | | subsection (a)
or (a-5).
|
19 | | (c) The registration for any person required to register |
20 | | under this
Article shall be as follows:
|
21 | | (1) Any person registered under the Habitual Child Sex |
22 | | Offender
Registration Act or the Child Sex Offender |
23 | | Registration Act prior to January
1, 1996, shall be deemed |
24 | | initially registered as of January 1, 1996; however,
this |
25 | | shall not be construed to extend the duration of |
26 | | registration set forth
in Section 7.
|
|
| | SB1759 Engrossed | - 22 - | LRB100 11326 SLF 21701 b |
|
|
1 | | (2) Except as provided in subsection (c)(2.1) or |
2 | | (c)(4), any person convicted or
adjudicated prior to |
3 | | January 1, 1996, whose liability for registration under
|
4 | | Section 7 has not expired, shall register in person prior |
5 | | to January 31,
1996.
|
6 | | (2.1) A sex offender or sexual predator, who has never |
7 | | previously been required to register under this Act, has a |
8 | | duty to register if the person has been convicted of any |
9 | | felony offense after July 1, 2011. A person who previously |
10 | | was required to register under this Act for a period of 10 |
11 | | years and successfully completed that registration period |
12 | | has a duty to register if: (i) the person has been |
13 | | convicted of any felony offense after July 1, 2011, and |
14 | | (ii) the offense for which the 10 year registration was |
15 | | served currently requires a registration period of more |
16 | | than 10 years. Notification of an offender's duty to |
17 | | register under this subsection shall be pursuant to Section |
18 | | 5-7 of this Act. |
19 | | (2.5) Except as provided in subsection (c)(4), any |
20 | | person who has not
been notified of his or her |
21 | | responsibility to register shall be notified by a
criminal |
22 | | justice entity of his or her responsibility to register. |
23 | | Upon
notification the person must then register within 3 |
24 | | days of notification of
his or her requirement to register. |
25 | | Except as provided in subsection (c)(2.1), if notification |
26 | | is not made within the
offender's 10 year registration |
|
| | SB1759 Engrossed | - 23 - | LRB100 11326 SLF 21701 b |
|
|
1 | | requirement, and the Department of State
Police determines |
2 | | no evidence exists or indicates the offender attempted to
|
3 | | avoid registration, the offender will no longer be required |
4 | | to register under
this Act.
|
5 | | (3) Except as provided in subsection (c)(4), any person |
6 | | convicted on
or after January 1, 1996, shall register in |
7 | | person within 3 days after the
entry of the sentencing |
8 | | order based upon his or her conviction.
|
9 | | (4) Any person unable to comply with the registration |
10 | | requirements of
this Article because he or she is confined, |
11 | | institutionalized,
or imprisoned in Illinois on or after |
12 | | January 1, 1996, shall register in person
within 3 days of |
13 | | discharge, parole or release.
|
14 | | (5) The person shall provide positive identification |
15 | | and documentation
that substantiates proof of residence at |
16 | | the registering address.
|
17 | | (6) The person shall pay a $100
initial registration |
18 | | fee and
a $100
annual
renewal fee to the registering law |
19 | | enforcement agency having jurisdiction.
The registering |
20 | | agency may waive the registration fee
if it determines that |
21 | | the person is indigent and unable to pay the registration
|
22 | | fee. Thirty-five
dollars for the initial registration fee |
23 | | and $35 of the annual renewal fee
shall be retained and |
24 | | used by the registering agency for official purposes. |
25 | | Having retained $35 of the initial registration fee and $35 |
26 | | of the annual renewal fee, the registering agency shall |
|
| | SB1759 Engrossed | - 24 - | LRB100 11326 SLF 21701 b |
|
|
1 | | remit the remainder of the fee to State agencies within 30 |
2 | | days of receipt for deposit into the State funds as |
3 | | follows: |
4 | | (A) Five dollars of
the initial registration fee |
5 | | and $5 of the annual fee shall be remitted to the State |
6 | | Treasurer who shall deposit the moneys into
the Sex |
7 | | Offender Management Board Fund under Section 19 of the |
8 | | Sex Offender
Management Board Act. Money deposited |
9 | | into the Sex Offender Management Board
Fund shall be |
10 | | administered by the Sex Offender Management Board and |
11 | | shall be
used by the Board to comply with the |
12 | | provisions of the Sex Offender Management Board Act. |
13 | | (B)
Thirty dollars of the initial registration fee |
14 | | and $30 of the annual renewal fee shall be remitted to |
15 | | the Department of State Police which shall deposit the |
16 | | moneys into the Sex Offender Registration Fund and |
17 | | shall be used by the Department of State Police to |
18 | | maintain and update the Illinois State Police Sex |
19 | | Offender Registry. |
20 | | (C) Thirty dollars of the initial registration fee |
21 | | and $30 of the annual renewal fee shall be remitted to |
22 | | the Attorney General who shall deposit the moneys into |
23 | | the Attorney General Sex Offender Awareness, Training, |
24 | | and Education Fund. Moneys deposited into the Fund |
25 | | shall be used by the Attorney General to administer the |
26 | | I-SORT program and to alert and educate the public, |
|
| | SB1759 Engrossed | - 25 - | LRB100 11326 SLF 21701 b |
|
|
1 | | victims, and witnesses of their rights under various |
2 | | victim notification laws and for training law |
3 | | enforcement agencies, State's Attorneys, and medical |
4 | | providers of their legal duties concerning the |
5 | | prosecution and investigation of sex offenses. |
6 | | The registering agency shall establish procedures to |
7 | | document the receipt and remittance of the $100 initial |
8 | | registration fee and $100 annual renewal fee. |
9 | | (d) Within 3 days after obtaining or changing employment |
10 | | and, if employed
on January 1, 2000, within 5 days after that |
11 | | date, a person required to
register under this Section must |
12 | | report, in person to the law
enforcement agency having |
13 | | jurisdiction, the business name and address where he
or she is |
14 | | employed. If the person has multiple businesses or work |
15 | | locations,
every business and work location must be reported to |
16 | | the law enforcement agency
having jurisdiction.
|
17 | | (Source: P.A. 98-558, eff. 1-1-14; 98-612, eff. 12-27-13; |
18 | | 99-755, eff. 8-5-16.)
|
19 | | (730 ILCS 150/6)
|
20 | | Sec. 6. Duty to register report ; change of address, school, |
21 | | or employment; duty
to inform.
A person who has been |
22 | | adjudicated to be sexually dangerous or is a sexually
violent |
23 | | person and is later released, or found to be no longer sexually
|
24 | | dangerous or no longer a sexually violent person and |
25 | | discharged, or convicted of a violation of this Act after July |
|
| | SB1759 Engrossed | - 26 - | LRB100 11326 SLF 21701 b |
|
|
1 | | 1, 2005, shall register report in
person with to the law |
2 | | enforcement agency with whom he or she last registered no
later |
3 | | than 90 days after the date of his or her last registration and |
4 | | every 90
days thereafter and at such other times at the request |
5 | | of the law enforcement agency not to exceed 4 times a year. |
6 | | Such sexually dangerous or sexually
violent person must report |
7 | | all new or changed e-mail addresses, all new or changed instant |
8 | | messaging identities, all new or changed chat room identities, |
9 | | and all other new or changed Internet communications identities |
10 | | that the sexually dangerous or sexually
violent person uses or |
11 | | plans to use, all new or changed Uniform Resource Locators |
12 | | (URLs) registered or used by the sexually dangerous or sexually
|
13 | | violent person, and all new or changed blogs and other Internet |
14 | | sites maintained by the sexually dangerous or sexually
violent |
15 | | person or to which the sexually dangerous or sexually
violent |
16 | | person has uploaded any content or posted any messages or |
17 | | information. Any person who lacks a fixed residence must report |
18 | | weekly, in person, to the appropriate law enforcement agency |
19 | | where the sex offender is located. Any other person who is |
20 | | required to register under this
Article shall register report |
21 | | in person with to the appropriate law enforcement agency with
|
22 | | whom he or she last registered within one year from the date of |
23 | | last
registration and every year thereafter and at such other |
24 | | times at the request of the law enforcement agency not to |
25 | | exceed 4 times a year. If any person required to register under |
26 | | this Article lacks a fixed residence or temporary domicile, he |
|
| | SB1759 Engrossed | - 27 - | LRB100 11326 SLF 21701 b |
|
|
1 | | or she must notify, in person, the agency of jurisdiction of |
2 | | his or her last known address within 3 days after ceasing to |
3 | | have a fixed residence and if the offender leaves the last |
4 | | jurisdiction of residence, he or she, must within 3 days after |
5 | | leaving register in person with the new agency of jurisdiction. |
6 | | If any other person required to register
under this Article |
7 | | changes his or her residence address, place of
employment,
|
8 | | telephone number, cellular telephone number, or school, he or |
9 | | she shall report in
person, to the law
enforcement agency
with |
10 | | whom he or she last registered, his or her new address, change |
11 | | in
employment, telephone number, cellular telephone number, or |
12 | | school, all new or changed e-mail addresses, all new or changed |
13 | | instant messaging identities, all new or changed chat room |
14 | | identities, and all other new or changed Internet |
15 | | communications identities that the sex offender uses or plans |
16 | | to use, all new or changed Uniform Resource Locators (URLs) |
17 | | registered or used by the sex offender, and all new or changed |
18 | | blogs and other Internet sites maintained by the sex offender |
19 | | or to which the sex offender has uploaded any content or posted |
20 | | any messages or information, and register, in person, with the |
21 | | appropriate law enforcement
agency within the
time period |
22 | | specified in Section 3. If the sex offender is a child sex |
23 | | offender as defined in Section 11-9.3 or 11-9.4 of the Criminal |
24 | | Code of 1961 or the Criminal Code of 2012, the sex offender |
25 | | shall within 3 days after beginning to reside in a household |
26 | | with a child under 18 years of age who is not his or her own |
|
| | SB1759 Engrossed | - 28 - | LRB100 11326 SLF 21701 b |
|
|
1 | | child, provided that his or her own child is not the victim of |
2 | | the sex offense, report that information to the registering law |
3 | | enforcement agency. The law enforcement agency shall, within 3
|
4 | | days of the reporting in person by the person required to |
5 | | register under this Article, notify the Department of State |
6 | | Police of the new place of residence, change in
employment, |
7 | | telephone number, cellular telephone number, or school. |
8 | | If any person required to register under this Article |
9 | | intends to establish a
residence or employment outside of the |
10 | | State of Illinois, at least 10 days
before establishing that |
11 | | residence or employment, he or she shall report in person to |
12 | | the law enforcement agency with which he or she last registered |
13 | | of his
or her out-of-state intended residence or employment. |
14 | | The law enforcement agency with
which such person last |
15 | | registered shall, within 3 days after the reporting in person |
16 | | of the person required to register under this Article of an |
17 | | address or
employment change, notify the Department of State |
18 | | Police. The Department of
State Police shall forward such |
19 | | information to the out-of-state law enforcement
agency having |
20 | | jurisdiction in the form and manner prescribed by the
|
21 | | Department of State Police. |
22 | | (Source: P.A. 96-1094, eff. 1-1-11; 96-1104, eff. 1-1-11; |
23 | | 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13.)
|