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HB2769 Engrossed |
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LRB095 07991 RLC 28153 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Sex Offender Registration Act is amended by |
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| changing Sections 2, 6, 7, and 8-5 as follows:
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| (730 ILCS 150/2) (from Ch. 38, par. 222)
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| (Text of Section after amendment by P.A. 95-579 and 95-625 ) |
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| Sec. 2. Definitions.
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| (A) As used in this Article, "sex offender" means any |
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| person who is:
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| (1) charged pursuant to Illinois law, or any |
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| substantially similar
federal, Uniform Code of Military |
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| Justice, sister state, or foreign country
law,
with a sex |
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| offense set forth
in subsection (B) of this Section , or the |
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| attempt to commit an included sex
offense, or conspiracy to |
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| commit an included sex offense and:
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| (a) is convicted of such offense , or an attempt to |
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| commit such offense , or conspiracy to commit such |
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| offense ;
or
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| (b) is found not guilty by reason of insanity of |
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| such offense , or an
attempt to commit such offense , or |
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| conspiracy to commit such offense ; or
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| (c) is found not guilty by reason of insanity |
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HB2769 Engrossed |
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LRB095 07991 RLC 28153 b |
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| pursuant to Section
104-25(c) of the Code of Criminal |
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| Procedure of 1963 of such offense , or an
attempt to |
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| commit such offense , or conspiracy to commit such |
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| offense ; or
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| (d) is the subject of a finding not resulting in an |
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| acquittal at a
hearing conducted pursuant to Section |
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| 104-25(a) of the Code of Criminal
Procedure of 1963 for |
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| the alleged commission or attempted commission of such
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| offense , or conspiracy to commit such an offense ; or
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| (e) is found not guilty by reason of insanity |
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| following a hearing
conducted pursuant to a federal, |
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| Uniform Code of Military Justice, sister
state, or |
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| foreign country law
substantially similar to Section |
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| 104-25(c) of the Code of Criminal Procedure
of 1963 of |
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| such offense , or of the attempted commission of such |
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| offense or of conspiracy to commit such an offense ; or
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| (f) is the subject of a finding not resulting in an |
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| acquittal at a
hearing conducted pursuant to a federal, |
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| Uniform Code of Military Justice,
sister state, or |
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| foreign country law
substantially similar to Section |
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| 104-25(a) of the Code of Criminal Procedure
of 1963 for |
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| the alleged violation , or attempted commission of such |
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| offense or conspiracy to commit such an offense ;
or
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| (2) certified as a sexually dangerous person pursuant |
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| to the Illinois
Sexually Dangerous Persons Act, or any |
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| substantially similar federal, Uniform
Code of Military |
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HB2769 Engrossed |
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LRB095 07991 RLC 28153 b |
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| Justice, sister
state, or foreign country law; or
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| (3) subject to the provisions of Section 2 of the |
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| Interstate
Agreements on Sexually Dangerous Persons Act; |
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| or
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| (4) found to be a sexually violent person pursuant to |
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| the Sexually
Violent Persons Commitment Act or any |
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| substantially similar federal, Uniform
Code of Military |
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| Justice, sister
state, or foreign country law; or
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| (5) adjudicated a juvenile delinquent as the result of |
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| committing , or
attempting to commit , or conspiring to |
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| commit an act which, if committed by an adult, would |
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| constitute
any of the offenses specified in item (B), (C), |
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| or (C-5) of this Section or a
violation of any |
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| substantially similar federal, Uniform Code of Military
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| Justice, sister state, or foreign
country law, or found |
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| guilty under Article V of the Juvenile Court Act of 1987
of |
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| committing , or attempting to commit , or conspiring to |
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| commit an act which, if committed by an adult,
would |
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| constitute any of the offenses specified in item (B), (C), |
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| or (C-5) of
this Section or a violation of any |
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| substantially similar federal, Uniform Code
of Military |
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| Justice, sister state,
or foreign country law.
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| Convictions that result from or are connected with the same |
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| act, or result
from offenses committed at the same time, shall |
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| be counted for the purpose of
this Article as one conviction. |
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| Any conviction set aside pursuant to law is
not a conviction |
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HB2769 Engrossed |
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LRB095 07991 RLC 28153 b |
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| for purposes of this Article.
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|
For purposes of this Section, "convicted" shall have the |
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| same meaning as
"adjudicated".
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| (B) As used in this Article, "sex offense" means:
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| (1) A violation of , an attempted violation of, or a |
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| conspiracy to commit a violation of any of the following |
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| Sections of the Criminal Code of
1961:
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| 10-5.1 (luring of a minor, for a second or |
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| subsequent conviction),
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| 11-20.1 (child pornography),
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| 11-20.3 (aggravated child pornography),
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| 11-6 (indecent solicitation of a child),
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| 11-9.1 (sexual exploitation of a child),
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| 11-9.2 (custodial sexual misconduct),
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| 11-9.5 (sexual misconduct with a person with a |
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| disability),
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| 11-15.1 (soliciting for a juvenile prostitute),
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| 11-18.1 (patronizing a juvenile prostitute),
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| 11-17.1 (keeping a place of juvenile |
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| prostitution),
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| 11-19.1 (juvenile pimping),
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| 11-19.2 (exploitation of a child),
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| 12-13 (criminal sexual assault),
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| 12-14 (aggravated criminal sexual assault),
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| 12-14.1 (predatory criminal sexual assault of a |
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| child),
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HB2769 Engrossed |
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LRB095 07991 RLC 28153 b |
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| 12-15 (criminal sexual abuse),
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| 12-16 (aggravated criminal sexual abuse),
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| 12-33 (ritualized abuse of a child) , .
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| 26-4 (unauthorized video recording and live video |
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| transmission, if the victim is under the age of 18).
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| An attempt to commit any of these offenses.
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| (1.5)
A violation of , an attempted violation of, or a |
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| conspiracy to commit a violation of any of the following |
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| Sections of the
Criminal Code of 1961, when the victim is a |
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| person under 18 years of age, the
defendant is not a parent |
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| of the victim, the offense was sexually motivated as |
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| defined in Section 10 of the Sex Offender Management Board |
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| Act, and the offense was committed on or
after January 1, |
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| 1996:
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| 10-1 (kidnapping),
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| 10-2 (aggravated kidnapping),
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| 10-3 (unlawful restraint),
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| 10-3.1 (aggravated unlawful restraint).
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| (1.6)
First degree murder under Section 9-1 of the |
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| Criminal Code of 1961,
when the victim was a person under |
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| 18 years of age and the defendant was at least
17 years of |
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| age at the time of the commission of the offense, the |
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| attempted commission of the offense, or the conspiracy to |
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| commit the offense, provided the offense was sexually |
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| motivated as defined in Section 10 of the Sex Offender |
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| Management Board Act.
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HB2769 Engrossed |
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LRB095 07991 RLC 28153 b |
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| (1.7) (Blank).
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| (1.8) A violation of, an or attempted violation of, or |
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| a conspiracy to commit a violation of Section 11-11 (sexual
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| relations within families) of the Criminal Code of 1961, |
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| and the offense was committed on or after
June 1, 1997.
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| (1.9) Child abduction under paragraph (10) of |
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| subsection
(b) of Section 10-5 of the Criminal Code of 1961 |
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| committed by luring , or
attempting to lure , or conspiring |
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| to lure a child under the age of 16 into a motor vehicle, |
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| building,
house trailer, or dwelling place without the |
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| consent of the parent or lawful
custodian of the child for |
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| other than a lawful purpose and the offense was
committed |
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| on or after January 1, 1998, provided the offense was |
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| sexually motivated as defined in Section 10 of the Sex |
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| Offender Management Board Act.
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| (1.10) A violation of, an or attempted violation of, or |
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| a conspiracy to commit a violation of any of the following |
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| Sections
of the Criminal Code of 1961 when the offense was |
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| committed on or after July
1, 1999:
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| 10-4 (forcible detention, if the victim is under 18 |
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| years of age), provided the offense was sexually |
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| motivated as defined in Section 10 of the Sex Offender |
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| Management Board Act,
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| 11-6.5 (indecent solicitation of an adult),
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| 11-15 (soliciting for a prostitute, if the victim |
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| is under 18 years
of age),
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HB2769 Engrossed |
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LRB095 07991 RLC 28153 b |
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| 11-16 (pandering, if the victim is under 18 years |
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| of age),
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| 11-18 (patronizing a prostitute, if the victim is |
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| under 18 years
of age),
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| 11-19 (pimping, if the victim is under 18 years of |
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| age).
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| (1.11) A violation or attempted violation of any of the |
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| following
Sections of the Criminal Code of 1961 when the |
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| offense was committed on or
after August 22, 2002:
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| 11-9 (public indecency for a third or subsequent |
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| conviction).
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| (1.12) A violation of, an or attempted violation of , or |
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| a conspiracy to commit a violation of Section
5.1 of the |
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| Wrongs to Children Act (permitting sexual abuse) when the
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| offense was committed on or after August 22, 2002.
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| (2) A violation of , an attempted violation of, or a |
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| conspiracy to commit a violation of any former law of this |
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| State substantially equivalent
to any offense listed in |
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| subsection (B) of this Section.
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| (C) A conviction for an offense of federal law, Uniform |
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| Code of Military
Justice, or the law of another state
or a |
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| foreign country that is substantially equivalent to any offense |
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| listed
in subsections (B), (C), and (E) of this Section shall
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| constitute a
conviction for the purpose
of this Article. A |
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| finding or adjudication as a sexually dangerous person
or a |
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| sexually violent person under any federal law, Uniform Code of |
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HB2769 Engrossed |
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LRB095 07991 RLC 28153 b |
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| Military
Justice, or the law of another state or
foreign |
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| country that is substantially equivalent to the Sexually |
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| Dangerous
Persons Act or the Sexually Violent Persons |
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| Commitment Act shall constitute an
adjudication for the |
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| purposes of this Article.
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| (C-5) A person at least 17 years of age at the time of the |
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| commission of
the offense who is convicted of first degree |
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| murder , attempted first degree murder, or conspiring to commit |
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| first degree murder under Section 9-1 of the
Criminal Code of |
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| 1961, against a person
under 18 years of age, shall be required |
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| to register
for natural life.
A conviction for an offense of |
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| federal, Uniform Code of Military Justice,
sister state, or |
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| foreign country law that is substantially equivalent to any
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| offense listed in subsection (C-5) of this Section shall |
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| constitute a
conviction for the purpose of this Article. This |
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| subsection (C-5) applies to a person who committed the offense |
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| before June 1, 1996 only if the person is incarcerated in an |
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| Illinois Department of Corrections facility on August 20, 2004 |
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| (the effective date of Public Act 93-977).
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| (D) As used in this Article, "law enforcement agency having |
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| jurisdiction"
means the Chief of Police in each of the |
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| municipalities in which the sex offender
expects to reside, |
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| work, or attend school (1) upon his or her discharge,
parole or |
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| release or
(2) during the service of his or her sentence of |
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| probation or conditional
discharge, or the Sheriff of the |
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| county, in the event no Police Chief exists
or if the offender |
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HB2769 Engrossed |
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LRB095 07991 RLC 28153 b |
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| intends to reside, work, or attend school in an
unincorporated |
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| area.
"Law enforcement agency having jurisdiction" includes |
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| the location where
out-of-state students attend school and |
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| where out-of-state employees are
employed or are otherwise |
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| required to register.
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| (D-1) As used in this Article, "supervising officer" means |
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| the assigned Illinois Department of Corrections parole agent or |
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| county probation officer. |
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| (E) As used in this Article, "sexual predator" means any |
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| sex offender who is required to register for his or her natural |
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| life pursuant to Section 7 of this Act person who,
after July |
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| 1, 1999, is:
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| (1) Convicted for an offense of federal, Uniform Code |
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| of Military
Justice, sister state, or foreign country law |
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| that is substantially equivalent
to any offense listed in |
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| subsection (E) of this Section shall constitute a
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| conviction for the purpose of this Article.
Convicted of a |
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| violation or attempted violation of any of the following
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| Sections of the
Criminal Code of 1961, if the conviction |
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| occurred after July
1, 1999:
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| 11-17.1 (keeping a place of juvenile |
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| prostitution),
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| 11-19.1 (juvenile pimping),
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| 11-19.2 (exploitation of a child),
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| 11-20.1 (child pornography),
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| 11-20.3 (aggravated child pornography),
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HB2769 Engrossed |
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LRB095 07991 RLC 28153 b |
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| 12-13 (criminal sexual assault),
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| 12-14 (aggravated criminal sexual assault),
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| 12-14.1 (predatory criminal sexual assault of a |
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| child),
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| 12-16 (aggravated criminal sexual abuse),
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| 12-33 (ritualized abuse of a child); or
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| (2) (blank); or
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| (3) certified as a sexually dangerous person pursuant |
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| to the Sexually
Dangerous Persons Act or any substantially |
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| similar federal, Uniform Code of
Military Justice, sister |
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| state, or
foreign country law; or
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| (4) found to be a sexually violent person pursuant to |
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| the Sexually Violent
Persons Commitment Act or any |
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| substantially similar federal, Uniform Code of
Military |
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| Justice, sister state, or
foreign country law;
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| (5) convicted of a second or subsequent offense which |
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| requires
registration pursuant to this Act. The conviction |
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| for the second or subsequent
offense must have occurred |
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| after July 1, 1999. For purposes of this paragraph
(5), |
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| "convicted" shall include a conviction under any
|
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| substantially similar
Illinois, federal, Uniform Code of |
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| Military Justice, sister state, or
foreign country law; or
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| (6) convicted of a second or subsequent offense of |
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| luring a minor under Section 10-5.1 of the Criminal Code of |
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| 1961 . |
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| (F) As used in this Article, "out-of-state student" means |
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HB2769 Engrossed |
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LRB095 07991 RLC 28153 b |
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| any sex
offender, as defined in this Section,
or sexual |
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| predator who is enrolled in Illinois, on a full-time or |
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| part-time
basis, in any public or private educational |
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| institution, including, but not
limited to, any secondary |
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| school, trade or professional institution, or
institution of |
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| higher learning.
|
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| (G) As used in this Article, "out-of-state employee" means |
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| any sex
offender, as defined in this Section,
or sexual |
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| predator who works in Illinois, regardless of whether the |
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| individual
receives payment for services performed, for a |
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| period of time of 10 or more days
or for an aggregate period of |
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| time of 30 or more days
during any calendar year.
Persons who |
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| operate motor vehicles in the State accrue one day of |
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| employment
time for any portion of a day spent in Illinois.
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| (H) As used in this Article, "school" means any public or |
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| private educational institution, including, but not limited |
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| to, any elementary or secondary school, trade or professional |
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| institution, or institution of higher education. |
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| (I) As used in this Article, "fixed residence" means any |
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| and all places that a sex offender resides for an aggregate |
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| period of time of 5 or more days in a calendar year.
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| (J) As used in this Article, "Internet protocol address" |
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| means the string of numbers by which a location on the Internet |
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| is identified by routers or other computers connected to the |
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| Internet. |
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| (K) Notwithstanding any other rulemaking authority that |
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HB2769 Engrossed |
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LRB095 07991 RLC 28153 b |
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| may exist, neither the Governor nor any agency or agency head |
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| under the jurisdiction of the Governor has any authority to |
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| make or promulgate rules to implement or enforce the provisions |
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| of this amendatory Act of the 95th General Assembly. If, |
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| however, the Governor believes that rules are necessary to |
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| implement or enforce the provisions of this amendatory Act of |
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| the 95th General Assembly, the Governor may suggest rules to |
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| the General Assembly by filing them with the Clerk of the House |
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| and the Secretary of the Senate and by requesting that the |
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| General Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this Section, "rules" is |
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| given the meaning contained in Section 1-70 of the Illinois |
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| Administrative Procedure Act, and "agency" and "agency head" |
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| are given the meanings contained in Sections 1-20 and 1-25 of |
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| the Illinois Administrative Procedure Act to the extent that |
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| such definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor. |
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| (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-945, |
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| eff. 6-27-06; 94-1053, eff. 7-24-06; 95-331, eff. 8-21-07; |
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| 95-579, eff. 6-1-08; 95-625, eff. 6-1-08; 95-658, eff. |
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| 10-11-07; revised 11-19-07.)
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HB2769 Engrossed |
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LRB095 07991 RLC 28153 b |
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| (730 ILCS 150/6) (from Ch. 38, par. 226)
|
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| (Text of Section after amendment by P.A. 95-640 ) |
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| Sec. 6. Duty to report; change of address, school, or |
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| employment; duty
to inform. |
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| (a)
A person who has been adjudicated to be sexually |
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| dangerous or is a sexually
violent person and is later |
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| released, or found to be no longer sexually
dangerous or no |
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| longer a sexually violent person and discharged, or convicted |
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| of a violation of this Act after July 1, 2005, shall report in
|
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| person to the law enforcement agency with whom he or she last |
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| registered no
later than 90 days after the date of his or her |
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| last registration and every 90
days thereafter and at such |
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| other times at the request of the law enforcement agency not to |
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| exceed 4 times a year . Such sexually dangerous or sexually
|
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| violent person must report all new or changed e-mail addresses, |
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| all new or changed instant messaging identities, all new or |
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| changed chat room identities, and all other new or changed |
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| Internet communications identities that the sexually dangerous |
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| or sexually
violent person uses or plans to use, all new or |
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| changed Uniform Resource Locators (URLs) registered or used by |
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| the sexually dangerous or sexually
violent person, and all new |
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| or changed blogs and other Internet sites maintained by the |
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| sexually dangerous or sexually
violent person or to which the |
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| sexually dangerous or sexually
violent person has uploaded any |
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| content or posted any messages or information. |
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HB2769 Engrossed |
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LRB095 07991 RLC 28153 b |
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| (b) Any person who is required to register under this |
2 |
| Article who was convicted of his or her sex offense prior to |
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| July 1, 2009, shall report in person to the law enforcement |
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| agency with whom he or she last registered within one year from |
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| the date of last registration and every year thereafter. |
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| (c) Any person who is required to register under this |
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| Article who was convicted of his or her sex offense on or after |
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| July 1, 2009 and is required to register for a period of 15 |
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| years under Section 7 of this Article shall report in person to |
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| the law enforcement agency with whom he or she last registered |
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| within one year from the date of last registration and every |
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| year thereafter. |
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| (d) Any person who is required to register under this |
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| Article who was convicted of his or her sex offense on or after |
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| July 1, 2009 and is required to register for a period of his or |
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| her natural life under Section 7 of this Article shall report |
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| in person to the law enforcement agency with whom he or she |
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| last registered no later than 90 days after the date of his or |
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| her last registration and every 90 days thereafter. |
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| (e) Any person who lacks a fixed residence must report |
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| weekly, in person, to the appropriate law enforcement agency |
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| where the sex offender is located. Any other person who is |
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| required to register under this
Article shall report in person |
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| to the appropriate law enforcement agency with
whom he or she |
25 |
| last registered within one year from the date of last
|
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| registration and every year thereafter and at such other times |
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|
HB2769 Engrossed |
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LRB095 07991 RLC 28153 b |
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| at the request of the law enforcement agency not to exceed 4 |
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| times a year. If any person required to register under this |
3 |
| Article lacks a fixed residence or temporary domicile, he or |
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| she must notify, in person, the agency of jurisdiction of his |
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| or her last known address within 3 days after ceasing to have a |
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| fixed residence and if the offender leaves the last |
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| jurisdiction of residence, he or she, must within 3 days after |
8 |
| leaving register in person with the new agency of jurisdiction. |
9 |
| (f) If any other person required to register
under this |
10 |
| Article changes his or her residence address, place of
|
11 |
| employment,
or school, he or she shall report in
person to the |
12 |
| law
enforcement agency
with whom he or she last registered of |
13 |
| his or her new address, change in
employment, or school, 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 sex offender uses or plans to use, all new or changed |
18 |
| Uniform Resource Locators (URLs) registered or used by the sex |
19 |
| offender, and all new or changed blogs and other Internet sites |
20 |
| maintained by the sex offender or to which the sex offender has |
21 |
| uploaded any content or posted any messages or information, and |
22 |
| register, in person, with the appropriate law enforcement
|
23 |
| agency within the
time period specified in Section 3. The law |
24 |
| enforcement agency shall, within 3
days of the reporting in |
25 |
| person by the person required to register under this Article, |
26 |
| notify the Department of State Police of the new place of |
|
|
|
HB2769 Engrossed |
- 16 - |
LRB095 07991 RLC 28153 b |
|
|
1 |
| residence, change in
employment, or school.
|
2 |
| (g) If any person required to register under this Article |
3 |
| intends to establish a
residence or employment outside of the |
4 |
| State of Illinois, at least 10 days
before establishing that |
5 |
| residence or employment, he or she shall report in person to |
6 |
| the law enforcement agency with which he or she last registered |
7 |
| of his
or her out-of-state intended residence or employment. |
8 |
| The law enforcement agency with
which such person last |
9 |
| registered shall, within 3 days after the reporting in person |
10 |
| of the person required to register under this Article of an |
11 |
| address or
employment change, notify the Department of State |
12 |
| Police. The Department of
State Police shall forward such |
13 |
| information to the out-of-state law enforcement
agency having |
14 |
| jurisdiction in the form and manner prescribed by the
|
15 |
| Department of State Police.
|
16 |
| (h) Notwithstanding any other rulemaking authority that |
17 |
| may exist, neither the Governor nor any agency or agency head |
18 |
| under the jurisdiction of the Governor has any authority to |
19 |
| make or promulgate rules to implement or enforce the provisions |
20 |
| of this amendatory Act of the 95th General Assembly. If, |
21 |
| however, the Governor believes that rules are necessary to |
22 |
| implement or enforce the provisions of this amendatory Act of |
23 |
| the 95th General Assembly, the Governor may suggest rules to |
24 |
| the General Assembly by filing them with the Clerk of the House |
25 |
| and the Secretary of the Senate and by requesting that the |
26 |
| General Assembly authorize such rulemaking by law, enact those |
|
|
|
HB2769 Engrossed |
- 17 - |
LRB095 07991 RLC 28153 b |
|
|
1 |
| suggested rules into law, or take any other appropriate action |
2 |
| in the General Assembly's discretion. Nothing contained in this |
3 |
| amendatory Act of the 95th General Assembly shall be |
4 |
| interpreted to grant rulemaking authority under any other |
5 |
| Illinois statute where such authority is not otherwise |
6 |
| explicitly given. For the purposes of this Section, "rules" is |
7 |
| given the meaning contained in Section 1-70 of the Illinois |
8 |
| Administrative Procedure Act, and "agency" and "agency head" |
9 |
| are given the meanings contained in Sections 1-20 and 1-25 of |
10 |
| the Illinois Administrative Procedure Act to the extent that |
11 |
| such definitions apply to agencies or agency heads under the |
12 |
| jurisdiction of the Governor. |
13 |
| (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-229, |
14 |
| eff. 8-16-07; 95-331, eff. 8-21-07; 95-640, eff. 6-1-08; |
15 |
| revised 11-19-07.)
|
16 |
| (730 ILCS 150/7) (from Ch. 38, par. 227)
|
17 |
| (Text of Section after amendment by P.A. 95-513 and 95-640 ) |
18 |
| Sec. 7. Duration of registration. |
19 |
| (a) Lifetime registration period. |
20 |
| (1) A person who has been adjudicated to
be
sexually |
21 |
| dangerous and is later released or found to be no longer |
22 |
| sexually
dangerous and discharged, shall register for the |
23 |
| period of his or her natural
life. |
24 |
| (2)
A sexually violent person or sexual predator shall |
25 |
| register for the period of
his or her natural life
after |
|
|
|
HB2769 Engrossed |
- 18 - |
LRB095 07991 RLC 28153 b |
|
|
1 |
| conviction or adjudication if not confined to a penal |
2 |
| institution,
hospital, or other institution or facility, |
3 |
| and if confined, for
the period of his or her natural life |
4 |
| after parole, discharge, or release from
any such facility. |
5 |
| (3)
A person who becomes subject to registration under |
6 |
| this Article who has previously been subject to |
7 |
| registration under this Article or under the Child Murderer |
8 |
| and Violent Offender Against Youth Registration Act or |
9 |
| similar registration requirements of other jurisdictions |
10 |
| shall register for the period of his or her natural life if |
11 |
| not confined to a penal institution,
hospital, or other |
12 |
| institution or facility, and if confined, for
the period of |
13 |
| his or her natural life after parole, discharge, or release |
14 |
| from
any such facility. |
15 |
| (4) A person convicted for violation of, an attempted |
16 |
| violation of, or a conspiracy to commit a violation of any |
17 |
| of the following Sections of the Criminal Code of 1961 |
18 |
| prior to July 1, 2009 shall register for the period of his |
19 |
| or her natural life after conviction or adjudication if not |
20 |
| confined to a penal institution, hospital, or other |
21 |
| institution or facility, and if confined, for the period of |
22 |
| his or her natural life after parole, discharge, or release |
23 |
| from any such facility: |
24 |
| 10-5.1 (luring of a minor, for a second or |
25 |
| subsequent offense), |
26 |
| 11-17.1 (keeping a place of juvenile
|
|
|
|
HB2769 Engrossed |
- 19 - |
LRB095 07991 RLC 28153 b |
|
|
1 |
| prostitution), |
2 |
| 11-19.1 (juvenile pimping), |
3 |
| 11-19.2 (exploitation of a child), |
4 |
| 11-20.1 (child pornography), |
5 |
| 11-20.3 (aggravated child pornography), |
6 |
| 12-13 (criminal sexual assault), |
7 |
| 12-14 (aggravated criminal sexual assault), |
8 |
| 12-14.1 (predatory criminal sexual assault of a
|
9 |
| child), |
10 |
| 12-16 (aggravated criminal sexual abuse), |
11 |
| 12-33 (ritualized abuse of a child). |
12 |
| (5) A person convicted for violation of, an attempted |
13 |
| violation of, or a conspiracy to commit a violation of any |
14 |
| of the following Sections of the Criminal Code of 1961 on |
15 |
| or after July 1, 2009 shall register for a period of his or |
16 |
| her natural life after conviction or adjudication if not |
17 |
| confined to a penal institution, hospital, or other |
18 |
| institution or facility, and if confined, for the period of |
19 |
| his or her natural life after parole, discharge, or release |
20 |
| from any such facility: |
21 |
| 10-5.1 (luring of a minor, for a second or |
22 |
| subsequent conviction), |
23 |
| 11-6 (indecent solicitation of a child), |
24 |
| 11-9.1 (sexual exploitation of a child, for a |
25 |
| second or subsequent offense or if the victim is under |
26 |
| 13 years of age), |
|
|
|
HB2769 Engrossed |
- 20 - |
LRB095 07991 RLC 28153 b |
|
|
1 |
| 11-9.5 (sexual misconduct with a person with a |
2 |
| disability, if the victim is under 13 years of age), |
3 |
| 11-11 (sexual relations within families, if the |
4 |
| victim is under the age of 18), |
5 |
| 11-15 (soliciting a prostitute, for a second or |
6 |
| subsequent offense and the victim is under the age of |
7 |
| 18), |
8 |
| 11-15.1 (soliciting a juvenile prostitute), |
9 |
| 11-16 (pandering, if the victim is under the age of |
10 |
| 18), |
11 |
| 11-17.1 (keeping a place of juvenile |
12 |
| prostitution), |
13 |
| 11-18 (patronizing a prostitute, if the victim is |
14 |
| under the age of 18 and the conviction is a felony), |
15 |
| 11-18.1 (patronizing a juvenile prostitute), |
16 |
| 11-19 (pimping, if the victim is under the age of |
17 |
| 18 and the conviction is a felony), |
18 |
| 11-19.1 (juvenile pimping), |
19 |
| 11-19.2 (exploitation of a child), |
20 |
| 11-20.1 (child pornography), |
21 |
| 11-20.3 (aggravated child pornography), |
22 |
| 12-13 (criminal sexual assault), |
23 |
| 12-14 (aggravated criminal sexual assault), |
24 |
| 12-14.1 (predatory criminal sexual assault of a |
25 |
| child), |
26 |
| 12-15(a)(1) (criminal sexual abuse), |
|
|
|
HB2769 Engrossed |
- 21 - |
LRB095 07991 RLC 28153 b |
|
|
1 |
| 12-15(a)(2) (criminal sexual abuse), |
2 |
| 12-16 (aggravated criminal sexual abuse), |
3 |
| 12-33 (ritualized abuse of a child), |
4 |
| 26-4 (unauthorized video recording and live video |
5 |
| transmission, if the victim is under the age of 18). |
6 |
| (6) A person convicted for violation of, an attempted |
7 |
| violation of, or a conspiracy to commit a violation of any |
8 |
| of the following Sections of the Criminal Code of 1961 on |
9 |
| or after July 1, 2009 and the offense was sexually |
10 |
| motivated as defined in Section 10 of the Sex Offender |
11 |
| Management Board Act shall register for a period of his or |
12 |
| her natural life after conviction or adjudication if not |
13 |
| confined to a penal institution, hospital, or other |
14 |
| institution or facility, and if confined, for the period of |
15 |
| his or her natural life after parole, discharge, or release |
16 |
| from any such facility: |
17 |
| 9-1 (first degree murder, if the victim is under |
18 |
| the age of 18, the accused is over the age of 16), |
19 |
| 10-1 (kidnapping, if the victim is under the age of |
20 |
| 18 and the accused is not a parent of the victim), |
21 |
| 10-2 (aggravated kidnapping, if the victim is |
22 |
| under the age of 18 and the accused is not a parent of |
23 |
| the victim), |
24 |
| 10-5 (child abduction, if committed by luring, |
25 |
| attempting to lure, or conspiring to lure a child under |
26 |
| the age of 16 into a motor vehicle, building, house |
|
|
|
HB2769 Engrossed |
- 22 - |
LRB095 07991 RLC 28153 b |
|
|
1 |
| trailer, or dwelling place without the consent of the |
2 |
| parent or lawful custodian of the child for other than |
3 |
| a lawful purpose). |
4 |
| (b) Fifteen-year registration period. |
5 |
| (1) A person convicted for violation of, an attempted |
6 |
| violation of, or a conspiracy to commit a violation of any |
7 |
| of the following Sections of the Criminal Code of 1961 on |
8 |
| or after July 1, 2009 shall register for a period of 15 |
9 |
| years after conviction or adjudication if not confined to a |
10 |
| penal institution, hospital, or other institution or |
11 |
| facility, and if confined, for the period of 15 years after |
12 |
| parole, discharge, or release from any such facility: |
13 |
| 10-4 (forcible detention, if the victim is under 18 |
14 |
| years of age), |
15 |
| 11-6.5 (indecent solicitation of an adult), |
16 |
| 11-9 (public indecency for a third or subsequent |
17 |
| conviction), |
18 |
| 11-9.1 (sexual exploitation of a child, for a first |
19 |
| offense if the victim is over the age of 12), |
20 |
| 11-9.5 (sexual misconduct with a person with a |
21 |
| disability, if the victim is over the age of 12), |
22 |
| 11-9.2 (custodial sexual misconduct), |
23 |
| 11-11 (sexual relations within families, if the |
24 |
| victim is over the age of 18), |
25 |
| 11-15 (soliciting a prostitute, if the victim is |
26 |
| under the age of 18 and the offense is a misdemeanor), |
|
|
|
HB2769 Engrossed |
- 23 - |
LRB095 07991 RLC 28153 b |
|
|
1 |
| 11-18 (patronizing a prostitute, if the victim is |
2 |
| under the age of 18 and the offense is a misdemeanor), |
3 |
| 11-19 (pimping, if the victim is under the age of |
4 |
| 18 and the offense is a misdemeanor), |
5 |
| 12-15(b) (criminal sexual abuse), |
6 |
| 12-15(c) (criminal sexual abuse). |
7 |
| (2) A person convicted for violation of, an attempted |
8 |
| violation of, or a conspiracy to commit a violation of any |
9 |
| of the following Sections of the Criminal Code of 1961 on |
10 |
| or after July 1, 2009 and the offense was sexually |
11 |
| motivated as defined in Section 10 of the Sex Offender |
12 |
| Management Board Act shall register for a period of 15 |
13 |
| years after conviction or adjudication if not confined to a |
14 |
| penal institution, hospital, or other institution or |
15 |
| facility, and if confined, for the period of 15 years after |
16 |
| parole, discharge, or release from any such facility: |
17 |
| 10-3 (unlawful restraint, if the victim is under |
18 |
| the age of 18 and the accused is not a parent of the |
19 |
| victim), |
20 |
| 10-3.1 (aggravated unlawful restraint, if the |
21 |
| victim is under 18 years of age and the accused is not |
22 |
| a parent of the victim). |
23 |
| (3) A person convicted for violation of, an attempted |
24 |
| violation of, or a conspiracy to commit a violation of |
25 |
| Section 5.1 (permitting sexual abuse of a child) of the |
26 |
| Wrongs to Children Act on or after July 1, 2009 shall |
|
|
|
HB2769 Engrossed |
- 24 - |
LRB095 07991 RLC 28153 b |
|
|
1 |
| register for a period of 15 years after conviction or |
2 |
| adjudication if not confined to a penal institution, |
3 |
| hospital, or other institution or facility, and if |
4 |
| confined, for the period of 15 years after parole, |
5 |
| discharge, or release from any such facility. |
6 |
| (c) Any other person who is required to register
under this |
7 |
| Article shall be required to register for a period of 10 years |
8 |
| after
conviction or adjudication if not confined to a penal |
9 |
| institution, hospital
or any other
institution or facility, and |
10 |
| if confined, for a period of 10 years after
parole, discharge |
11 |
| or release from any such facility. This amendatory Act of the |
12 |
| 95th General Assembly shall not impact the registration term of |
13 |
| any sex offender registered under this Act on its effective |
14 |
| date. |
15 |
| (d) A sex offender who is
allowed to leave a county, State, |
16 |
| or federal facility for the purposes of work
release, |
17 |
| education, or overnight visitations shall be required
to |
18 |
| register within 3 days of beginning such a program. Liability |
19 |
| for
registration terminates at the expiration of 10 years from |
20 |
| the date of
conviction or adjudication if not confined to a |
21 |
| penal institution, hospital
or any other
institution or |
22 |
| facility and if confined, at the expiration of 10 years from |
23 |
| the
date of parole, discharge or release from any such |
24 |
| facility, providing such
person does not, during that period, |
25 |
| again
become
liable
to register under the provisions of this |
26 |
| Article.
Reconfinement due to a violation of parole or other |
|
|
|
HB2769 Engrossed |
- 25 - |
LRB095 07991 RLC 28153 b |
|
|
1 |
| circumstances that relates to the original conviction or |
2 |
| adjudication shall extend the period of registration to 10 |
3 |
| years after final parole, discharge, or release. Reconfinement |
4 |
| due to a violation of parole or other circumstances that do not |
5 |
| relate to the original conviction or adjudication shall toll |
6 |
| the running of the balance of the 10-year period of |
7 |
| registration, which shall not commence running until after |
8 |
| final parole, discharge, or release. The Director of State |
9 |
| Police, consistent with administrative rules, shall
extend for |
10 |
| 10 years the registration period of any sex offender, as |
11 |
| defined
in Section 2 of this Act, who fails to
comply with the |
12 |
| provisions of this Article. The registration period for any sex |
13 |
| offender who fails to comply with any provision of the Act |
14 |
| shall extend the period of registration by 10 years beginning |
15 |
| from the first date of registration after the violation.
If the |
16 |
| registration period is extended, the Department of State Police |
17 |
| shall send a registered letter to the law enforcement agency |
18 |
| where the sex offender resides within 3 days after the |
19 |
| extension of the registration period. The sex offender shall |
20 |
| report to that law enforcement agency and sign for that letter. |
21 |
| One copy of that letter shall be kept on file with the law |
22 |
| enforcement agency of the jurisdiction where the sex offender |
23 |
| resides and one copy shall be returned to the Department of |
24 |
| State Police.
|
25 |
| (e) Notwithstanding any other rulemaking authority that |
26 |
| may exist, neither the Governor nor any agency or agency head |
|
|
|
HB2769 Engrossed |
- 26 - |
LRB095 07991 RLC 28153 b |
|
|
1 |
| under the jurisdiction of the Governor has any authority to |
2 |
| make or promulgate rules to implement or enforce the provisions |
3 |
| of this amendatory Act of the 95th General Assembly. If, |
4 |
| however, the Governor believes that rules are necessary to |
5 |
| implement or enforce the provisions of this amendatory Act of |
6 |
| the 95th General Assembly, the Governor may suggest rules to |
7 |
| the General Assembly by filing them with the Clerk of the House |
8 |
| and the Secretary of the Senate and by requesting that the |
9 |
| General Assembly authorize such rulemaking by law, enact those |
10 |
| suggested rules into law, or take any other appropriate action |
11 |
| in the General Assembly's discretion. Nothing contained in this |
12 |
| amendatory Act of the 95th General Assembly shall be |
13 |
| interpreted to grant rulemaking authority under any other |
14 |
| Illinois statute where such authority is not otherwise |
15 |
| explicitly given. For the purposes of this Section, "rules" is |
16 |
| given the meaning contained in Section 1-70 of the Illinois |
17 |
| Administrative Procedure Act, and "agency" and "agency head" |
18 |
| are given the meanings contained in Sections 1-20 and 1-25 of |
19 |
| the Illinois Administrative Procedure Act to the extent that |
20 |
| such definitions apply to agencies or agency heads under the |
21 |
| jurisdiction of the Governor. |
22 |
| (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-169, |
23 |
| eff. 8-14-07; 95-331, eff. 8-21-07; 95-513, eff. 6-1-08; |
24 |
| 95-640, eff. 6-1-08; revised 11-19-07.)
|
25 |
| (730 ILCS 150/8-5)
|
|
|
|
HB2769 Engrossed |
- 27 - |
LRB095 07991 RLC 28153 b |
|
|
1 |
| (Text of Section after amendment by P.A. 95-579 )
|
2 |
| Sec. 8-5. Verification requirements. |
3 |
| (a) Address verification. The agency having
jurisdiction
|
4 |
| shall verify the
residential, employment, and school addresses |
5 |
| address of sex offenders, as defined in Section 2 of this Act, |
6 |
| or sexual
predators required to register with their
agency at |
7 |
| least once per year. The verification must be documented in
|
8 |
| LEADS in the form and manner required by the Department of |
9 |
| State Police. Verification of a residential address must occur |
10 |
| in person by a law enforcement official. Verification of |
11 |
| employment and school addresses may occur in any manner chosen |
12 |
| by the law enforcement agency including but not limited to |
13 |
| viewing pay stubs, school report cards, etc. |
14 |
| (a-5) Internet Protocol address verification. The agency |
15 |
| having jurisdiction may verify the Internet protocol (IP) |
16 |
| address of sex offenders, as defined in Section 2 of this Act, |
17 |
| who are required to register with their agency under Section 3 |
18 |
| of this Act. A copy of any such verification must be sent to |
19 |
| the Attorney General for entrance in the Illinois Cyber-crimes |
20 |
| Location Database pursuant to Section 5-4-3.2 of the Unified |
21 |
| Code of Corrections.
|
22 |
| (b) Registration verification. The supervising officer |
23 |
| shall, within 15 days of sentencing to probation or release |
24 |
| from an Illinois Department of Corrections facility, contact |
25 |
| the law enforcement agency in the jurisdiction in which the sex |
26 |
| offender or sexual predator designated as his or her intended |
|
|
|
HB2769 Engrossed |
- 28 - |
LRB095 07991 RLC 28153 b |
|
|
1 |
| residence and verify compliance with the requirements of this |
2 |
| Act. Revocation proceedings shall be immediately commenced |
3 |
| against a sex offender or sexual predator on probation, parole, |
4 |
| or mandatory supervised release who fails to comply with the |
5 |
| requirements of this Act.
|
6 |
| (c) In an effort to ensure that sexual predators and sex |
7 |
| offenders who fail to respond to address-verification attempts |
8 |
| or who otherwise abscond from registration are located in a |
9 |
| timely manner, the Department of State Police shall share |
10 |
| information with local law enforcement agencies. The |
11 |
| Department shall use analytical resources to assist local law |
12 |
| enforcement agencies to determine the potential whereabouts of |
13 |
| any sexual predator or sex offender who fails to respond to |
14 |
| address-verification
attempts or who otherwise absconds from |
15 |
| registration. The Department shall review and analyze all |
16 |
| available information concerning any such predator or offender |
17 |
| who fails to respond to address-verification attempts or who |
18 |
| otherwise absconds from registration and provide the |
19 |
| information to local law enforcement agencies in order to |
20 |
| assist the agencies in locating and apprehending the sexual |
21 |
| predator or sex offender.
|
22 |
| (d) Notwithstanding any other rulemaking authority that |
23 |
| may exist, neither the Governor nor any agency or agency head |
24 |
| under the jurisdiction of the Governor has any authority to |
25 |
| make or promulgate rules to implement or enforce the provisions |
26 |
| of this amendatory Act of the 95th General Assembly. If, |
|
|
|
HB2769 Engrossed |
- 29 - |
LRB095 07991 RLC 28153 b |
|
|
1 |
| however, the Governor believes that rules are necessary to |
2 |
| implement or enforce the provisions of this amendatory Act of |
3 |
| the 95th General Assembly, the Governor may suggest rules to |
4 |
| the General Assembly by filing them with the Clerk of the House |
5 |
| and the Secretary of the Senate and by requesting that the |
6 |
| General Assembly authorize such rulemaking by law, enact those |
7 |
| suggested rules into law, or take any other appropriate action |
8 |
| in the General Assembly's discretion. Nothing contained in this |
9 |
| amendatory Act of the 95th General Assembly shall be |
10 |
| interpreted to grant rulemaking authority under any other |
11 |
| Illinois statute where such authority is not otherwise |
12 |
| explicitly given. For the purposes of this Section, "rules" is |
13 |
| given the meaning contained in Section 1-70 of the Illinois |
14 |
| Administrative Procedure Act, and "agency" and "agency head" |
15 |
| are given the meanings contained in Sections 1-20 and 1-25 of |
16 |
| the Illinois Administrative Procedure Act to the extent that |
17 |
| such definitions apply to agencies or agency heads under the |
18 |
| jurisdiction of the Governor. |
19 |
| (Source: P.A. 94-988, eff. 1-1-07; 95-579, eff. 6-1-08.)
|
20 |
| Section 99. Effective date. This Act takes effect January |
21 |
| 1, 2009.
|