96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3084

 

Introduced 2/8/2010, by Sen. Iris Y. Martinez

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 150/2   from Ch. 38, par. 222
730 ILCS 150/3
730 ILCS 150/7   from Ch. 38, par. 227

    Amends the Sex Offender Registration Act. Provides that a person is required to register as a sex offender who was not previously required to register before the effective date of this amendatory Act because the sex offense that the person committed occurred before a specified date. Requires that person to register within 5 days after the effective date of this amendatory Act. Provides that if the person is confined, institutionalized, or imprisoned in Illinois on or after the effective date of this amendatory Act, he or she shall register in person with the local law enforcement agency within 5 days of discharge, parole, or release. Provides for the duration of the registration. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3084 LRB096 18248 RLC 33623 b

1     AN ACT concerning sex offenders.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Sex Offender Registration Act is amended by
5 changing Sections 2, 3, and 7 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

 

 

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1         acquittal at a hearing conducted pursuant to Section
2         104-25(a) of the Code of Criminal Procedure of 1963 for
3         the alleged commission or attempted commission of such
4         offense; or
5             (e) is found not guilty by reason of insanity
6         following a hearing conducted pursuant to a federal,
7         Uniform Code of Military Justice, sister state, or
8         foreign country law substantially similar to Section
9         104-25(c) of the Code of Criminal Procedure of 1963 of
10         such offense or of the attempted commission of such
11         offense; or
12             (f) is the subject of a finding not resulting in an
13         acquittal at a hearing conducted pursuant to a federal,
14         Uniform Code of Military Justice, sister state, or
15         foreign country law substantially similar to Section
16         104-25(a) of the Code of Criminal Procedure of 1963 for
17         the alleged violation or attempted commission of such
18         offense; or
19         (2) certified as a sexually dangerous person pursuant
20     to the Illinois Sexually Dangerous Persons Act, or any
21     substantially similar federal, Uniform Code of Military
22     Justice, sister state, or foreign country law; or
23         (3) subject to the provisions of Section 2 of the
24     Interstate Agreements on Sexually Dangerous Persons Act;
25     or
26         (4) found to be a sexually violent person pursuant to

 

 

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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:

 

 

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1             11-20.1 (child pornography),
2             11-20.3 (aggravated child pornography),
3             11-6 (indecent solicitation of a child),
4             11-9.1 (sexual exploitation of a child),
5             11-9.2 (custodial sexual misconduct),
6             11-9.5 (sexual misconduct with a person with a
7         disability),
8             11-15.1 (soliciting for a juvenile prostitute),
9             11-18.1 (patronizing a juvenile prostitute),
10             11-17.1 (keeping a place of juvenile
11         prostitution),
12             11-19.1 (juvenile pimping),
13             11-19.2 (exploitation of a child),
14             11-25 (grooming),
15             11-26 (traveling to meet a minor),
16             12-13 (criminal sexual assault),
17             12-14 (aggravated criminal sexual assault),
18             12-14.1 (predatory criminal sexual assault of a
19         child),
20             12-15 (criminal sexual abuse),
21             12-16 (aggravated criminal sexual abuse),
22             12-33 (ritualized abuse of a child).
23             An attempt to commit any of these offenses.
24         (1.5) A violation of any of the following Sections of
25     the Criminal Code of 1961, when the victim is a person
26     under 18 years of age, the defendant is not a parent of the

 

 

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1     victim, and the offense was sexually motivated as defined
2     in Section 10 of the Sex Offender Management Board Act, and
3     the offense was committed on or after January 1, 1996:
4             10-1 (kidnapping),
5             10-2 (aggravated kidnapping),
6             10-3 (unlawful restraint),
7             10-3.1 (aggravated unlawful restraint).
8         (1.6) First degree murder under Section 9-1 of the
9     Criminal Code of 1961, when the victim was a person under
10     18 years of age and the defendant was at least 17 years of
11     age at the time of the commission of the offense, provided
12     the offense was sexually motivated as defined in Section 10
13     of the Sex Offender Management Board Act.
14         (1.7) (Blank).
15         (1.8) A violation or attempted violation of Section
16     11-11 (sexual relations within families) of the Criminal
17     Code of 1961, and the offense was committed on or after
18     June 1, 1997.
19         (1.9) Child abduction under paragraph (10) of
20     subsection (b) of Section 10-5 of the Criminal Code of 1961
21     committed by luring or attempting to lure a child under the
22     age of 16 into a motor vehicle, building, house trailer, or
23     dwelling place without the consent of the parent or lawful
24     custodian of the child for other than a lawful purpose and
25     the offense was committed on or after January 1, 1998,
26     provided the offense was sexually motivated as defined in

 

 

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1     Section 10 of the Sex Offender Management Board Act.
2         (1.10) A violation or attempted violation of any of the
3     following Sections of the Criminal Code of 1961 when the
4     offense was committed on or after July 1, 1999:
5             10-4 (forcible detention, if the victim is under 18
6         years of age), provided the offense was sexually
7         motivated as defined in Section 10 of the Sex Offender
8         Management Board Act,
9             11-6.5 (indecent solicitation of an adult),
10             11-15 (soliciting for a prostitute, if the victim
11         is under 18 years of age),
12             11-16 (pandering, if the victim is under 18 years
13         of age),
14             11-18 (patronizing a prostitute, if the victim is
15         under 18 years of age),
16             11-19 (pimping, if the victim is under 18 years of
17         age).
18         (1.11) A violation or attempted violation of any of the
19     following Sections of the Criminal Code of 1961 when the
20     offense was committed on or after August 22, 2002:
21             11-9 (public indecency for a third or subsequent
22         conviction).
23         (1.12) A violation or attempted violation of Section
24     5.1 of the Wrongs to Children Act (permitting sexual abuse)
25     when the offense was committed on or after August 22, 2002.
26         (2) A violation of any former law of this State

 

 

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1     substantially equivalent to any offense listed in
2     subsection (B) of this Section.
3     (C) A conviction for an offense of federal law, Uniform
4 Code of Military Justice, or the law of another state or a
5 foreign country that is substantially equivalent to any offense
6 listed in subsections (B), (C), and (E) of this Section shall
7 constitute a conviction for the purpose of this Article. A
8 finding or adjudication as a sexually dangerous person or a
9 sexually violent person under any federal law, Uniform Code of
10 Military Justice, or the law of another state or foreign
11 country that is substantially equivalent to the Sexually
12 Dangerous Persons Act or the Sexually Violent Persons
13 Commitment Act shall constitute an adjudication for the
14 purposes of this Article.
15     (C-5) A person at least 17 years of age at the time of the
16 commission of the offense who is convicted of first degree
17 murder under Section 9-1 of the Criminal Code of 1961, against
18 a person under 18 years of age, shall be required to register
19 for natural life. A conviction for an offense of federal,
20 Uniform Code of Military Justice, sister state, or foreign
21 country law that is substantially equivalent to any offense
22 listed in subsection (C-5) of this Section shall constitute a
23 conviction for the purpose of this Article. This subsection
24 (C-5) applies to a person who committed the offense before June
25 1, 1996 only if the person is incarcerated in an Illinois
26 Department of Corrections facility on August 20, 2004 (the

 

 

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1 effective date of Public Act 93-977).
2     (D) As used in this Article, "law enforcement agency having
3 jurisdiction" means the Chief of Police in each of the
4 municipalities in which the sex offender expects to reside,
5 work, or attend school (1) upon his or her discharge, parole or
6 release or (2) during the service of his or her sentence of
7 probation or conditional discharge, or the Sheriff of the
8 county, in the event no Police Chief exists or if the offender
9 intends to reside, work, or attend school in an unincorporated
10 area. "Law enforcement agency having jurisdiction" includes
11 the location where out-of-state students attend school and
12 where out-of-state employees are employed or are otherwise
13 required to register.
14     (D-1) As used in this Article, "supervising officer" means
15 the assigned Illinois Department of Corrections parole agent or
16 county probation officer.
17     (E) As used in this Article, "sexual predator" means any
18 person who, after July 1, 1999, is:
19         (1) Convicted for an offense of federal, Uniform Code
20     of Military Justice, sister state, or foreign country law
21     that is substantially equivalent to any offense listed in
22     subsection (E) of this Section shall constitute a
23     conviction for the purpose of this Article. Convicted of a
24     violation or attempted violation of any of the following
25     Sections of the Criminal Code of 1961, if the conviction
26     occurred after July 1, 1999:

 

 

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1             11-17.1 (keeping a place of juvenile
2         prostitution),
3             11-19.1 (juvenile pimping),
4             11-19.2 (exploitation of a child),
5             11-20.1 (child pornography),
6             11-20.3 (aggravated child pornography),
7             12-13 (criminal sexual assault),
8             12-14 (aggravated criminal sexual assault),
9             12-14.1 (predatory criminal sexual assault of a
10         child),
11             12-16 (aggravated criminal sexual abuse),
12             12-33 (ritualized abuse of a child);
13         (2) (blank);
14         (3) certified as a sexually dangerous person pursuant
15     to the Sexually Dangerous Persons Act or any substantially
16     similar federal, Uniform Code of Military Justice, sister
17     state, or foreign country law;
18         (4) found to be a sexually violent person pursuant to
19     the Sexually Violent Persons Commitment Act or any
20     substantially similar federal, Uniform Code of Military
21     Justice, sister state, or foreign country law;
22         (5) convicted of a second or subsequent offense which
23     requires registration pursuant to this Act. The conviction
24     for the second or subsequent offense must have occurred
25     after July 1, 1999. For purposes of this paragraph (5),
26     "convicted" shall include a conviction under any

 

 

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1     substantially similar Illinois, federal, Uniform Code of
2     Military Justice, sister state, or foreign country law; or
3         (6) convicted of a second or subsequent offense of
4     luring a minor under Section 10-5.1 of the Criminal Code of
5     1961.
6     (F) As used in this Article, "out-of-state student" means
7 any sex offender, as defined in this Section, or sexual
8 predator who is enrolled in Illinois, on a full-time or
9 part-time basis, in any public or private educational
10 institution, including, but not limited to, any secondary
11 school, trade or professional institution, or institution of
12 higher learning.
13     (G) As used in this Article, "out-of-state employee" means
14 any sex offender, as defined in this Section, or sexual
15 predator who works in Illinois, regardless of whether the
16 individual receives payment for services performed, for a
17 period of time of 10 or more days or for an aggregate period of
18 time of 30 or more days during any calendar year. Persons who
19 operate motor vehicles in the State accrue one day of
20 employment time for any portion of a day spent in Illinois.
21     (H) As used in this Article, "school" means any public or
22 private educational institution, including, but not limited
23 to, any elementary or secondary school, trade or professional
24 institution, or institution of higher education.
25     (I) As used in this Article, "fixed residence" means any
26 and all places that a sex offender resides for an aggregate

 

 

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1 period of time of 5 or more days in a calendar year.
2     (J) As used in this Article, "Internet protocol address"
3 means the string of numbers by which a location on the Internet
4 is identified by routers or other computers connected to the
5 Internet.
6 (Source: P.A. 95-331, eff. 8-21-07; 95-579, eff. 6-1-08;
7 95-625, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff.
8 8-21-08; 96-301, eff. 8-11-09.)
 
9     (730 ILCS 150/3)
10     Sec. 3. Duty to register.
11     (a) A sex offender, as defined in Section 2 of this Act, or
12 sexual predator shall, within the time period prescribed in
13 subsections (b) and (c), register in person and provide
14 accurate information as required by the Department of State
15 Police. Such information shall include a current photograph,
16 current address, current place of employment, the employer's
17 telephone number, school attended, all e-mail addresses,
18 instant messaging identities, chat room identities, and other
19 Internet communications identities that the sex offender uses
20 or plans to use, all Uniform Resource Locators (URLs)
21 registered or used by the sex offender, all blogs and other
22 Internet sites maintained by the sex offender or to which the
23 sex offender has uploaded any content or posted any messages or
24 information, extensions of the time period for registering as
25 provided in this Article and, if an extension was granted, the

 

 

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1 reason why the extension was granted and the date the sex
2 offender was notified of the extension. The information shall
3 also include the county of conviction, license plate numbers
4 for every vehicle registered in the name of the sex offender,
5 the age of the sex offender at the time of the commission of
6 the offense, the age of the victim at the time of the
7 commission of the offense, and any distinguishing marks located
8 on the body of the sex offender. A sex offender convicted under
9 Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code
10 of 1961 shall provide all Internet protocol (IP) addresses in
11 his or her residence, registered in his or her name, accessible
12 at his or her place of employment, or otherwise under his or
13 her control or custody. The sex offender or sexual predator
14 shall register:
15         (1) with the chief of police in the municipality in
16     which he or she resides or is temporarily domiciled for a
17     period of time of 5 or more days, unless the municipality
18     is the City of Chicago, in which case he or she shall
19     register at the Chicago Police Department Headquarters; or
20         (2) with the sheriff in the county in which he or she
21     resides or is temporarily domiciled for a period of time of
22     5 or more days in an unincorporated area or, if
23     incorporated, no police chief exists.
24     If the sex offender or sexual predator is employed at or
25 attends an institution of higher education, he or she shall
26 register:

 

 

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

 

 

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1 information shall include the sex offender's or sexual
2 predator's current place of employment.
3     (a-5) An out-of-state student or out-of-state employee
4 shall, within 3 days after beginning school or employment in
5 this State, register in person and provide accurate information
6 as required by the Department of State Police. Such information
7 will include current place of employment, school attended, and
8 address in state of residence. A sex offender convicted under
9 Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code
10 of 1961 shall provide all Internet protocol (IP) addresses in
11 his or her residence, registered in his or her name, accessible
12 at his or her place of employment, or otherwise under his or
13 her control or custody. The out-of-state student or
14 out-of-state employee shall register:
15         (1) with the chief of police in the municipality in
16     which he or she attends school or is employed for a period
17     of time of 5 or more days or for an aggregate period of
18     time of more than 30 days during any calendar year, unless
19     the municipality is the City of Chicago, in which case he
20     or she shall register at the Chicago Police Department
21     Headquarters; or
22         (2) with the sheriff in the county in which he or she
23     attends school or is employed for a period of time of 5 or
24     more days or for an aggregate period of time of more than
25     30 days during any calendar year in an unincorporated area
26     or, if incorporated, no police chief exists.

 

 

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1     The out-of-state student or out-of-state employee shall
2 provide accurate information as required by the Department of
3 State Police. That information shall include the out-of-state
4 student's current place of school attendance or the
5 out-of-state employee's current place of employment.
6     (a-10) Any law enforcement agency registering sex
7 offenders or sexual predators in accordance with subsections
8 (a) or (a-5) of this Section shall forward to the Attorney
9 General a copy of sex offender registration forms from persons
10 convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the
11 Criminal Code of 1961, including periodic and annual
12 registrations under 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.

 

 

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1         (2) Except as provided in subsection (c)(4), any person
2     convicted or adjudicated prior to January 1, 1996, whose
3     liability for registration under Section 7 has not expired,
4     shall register in person prior to January 31, 1996.
5         (2.1) Any person who was not required to register under
6     this Act before the effective date of this amendatory Act
7     of the 96th General Assembly but who is required to
8     register on or after the effective date of this amendatory
9     Act of the 96th General Assembly shall register in person
10     within 5 days after the effective date of this amendatory
11     Act of the 96th General Assembly. Any person unable to
12     comply with the registration requirements of this
13     amendatory Act of the 96th General Assembly because he or
14     she is confined, institutionalized, or imprisoned in
15     Illinois on or after the effective date of this amendatory
16     Act of the 96th General Assembly shall register in person
17     within 5 days of discharge, parole, or release.
18         (2.5) Except as provided in subsection (c)(4), any
19     person who has not been notified of his or her
20     responsibility to register shall be notified by a criminal
21     justice entity of his or her responsibility to register.
22     Upon notification the person must then register within 3
23     days of notification of his or her requirement to register.
24     If notification is not made within the offender's 10 year
25     registration requirement, and the Department of State
26     Police determines no evidence exists or indicates the

 

 

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1     offender attempted to avoid registration, the offender
2     will no longer be required to register under this Act.
3         (3) Except as provided in subsection (c)(4), any person
4     convicted on or after January 1, 1996, shall register in
5     person within 3 days after the entry of the sentencing
6     order based upon his or her conviction.
7         (4) Any person unable to comply with the registration
8     requirements of this Article because he or she is confined,
9     institutionalized, or imprisoned in Illinois on or after
10     January 1, 1996, shall register in person within 3 days of
11     discharge, parole or release.
12         (5) The person shall provide positive identification
13     and documentation that substantiates proof of residence at
14     the registering address.
15         (6) The person shall pay a $20 initial registration fee
16     and a $10 annual renewal fee. The fees shall be used by the
17     registering agency for official purposes. The agency shall
18     establish procedures to document receipt and use of the
19     funds. The law enforcement agency having jurisdiction may
20     waive the registration fee if it determines that the person
21     is indigent and unable to pay the registration fee. Ten
22     dollars for the initial registration fee and $5 of the
23     annual renewal fee shall be used by the registering agency
24     for official purposes. Ten dollars of the initial
25     registration fee and $5 of the annual fee shall be
26     deposited into the Sex Offender Management Board Fund under

 

 

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1     Section 19 of the Sex Offender Management Board Act. Money
2     deposited into the Sex Offender Management Board Fund shall
3     be administered by the Sex Offender Management Board and
4     shall be used to fund practices endorsed or required by the
5     Sex Offender Management Board Act including but not limited
6     to sex offenders evaluation, treatment, or monitoring
7     programs that are or may be developed, as well as for
8     administrative costs, including staff, incurred by the
9     Board.
10     (d) Within 3 days after obtaining or changing employment
11 and, if employed on January 1, 2000, within 5 days after that
12 date, a person required to register under this Section must
13 report, in person to the law enforcement agency having
14 jurisdiction, the business name and address where he or she is
15 employed. If the person has multiple businesses or work
16 locations, every business and work location must be reported to
17 the law enforcement agency having jurisdiction.
18 (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-994,
19 eff. 1-1-07; 95-229, eff. 8-16-07; 95-579, eff. 6-1-08; 95-640,
20 eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. 8-21-08.)
 
21     (730 ILCS 150/7)  (from Ch. 38, par. 227)
22     Sec. 7. Duration of registration. A person who has been
23 adjudicated to be sexually dangerous and is later released or
24 found to be no longer sexually dangerous and discharged, shall
25 register for the period of his or her natural life. A sexually

 

 

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1 violent person or sexual predator shall register for the period
2 of his or her natural life after conviction or adjudication or
3 after the effective date of this amendatory Act of the 96th
4 General Assembly if the sexually violent person or sexual
5 predator was not required to register before the effective date
6 of this amendatory Act of the 96th General Assembly if not
7 confined to a penal institution, hospital, or other institution
8 or facility, and if confined, for the period of his or her
9 natural life after parole, discharge, or release from any such
10 facility. A person who has not been adjudicated to be sexually
11 dangerous or who is not a sexually violent person or sexual
12 predator and who is required to register under this Article as
13 a result of this amendatory Act of the 96th General Assembly
14 shall register for a period of 10 years after the effective
15 date of this amendatory Act of the 96th General Assembly if not
16 confined to a penal institution, hospital, or other institution
17 or facility, and if confined, for a period of 10 years after
18 parole, discharge, or release from any such facility. A person
19 who becomes subject to registration under this Article who has
20 previously been subject to registration under this Article or
21 under the Child Murderer and Violent Offender Against Youth
22 Registration Act or similar registration requirements of other
23 jurisdictions shall register for the period of his or her
24 natural life if not confined to a penal institution, hospital,
25 or other institution or facility, and if confined, for the
26 period of his or her natural life after parole, discharge, or

 

 

SB3084 - 20 - LRB096 18248 RLC 33623 b

1 release from any such facility. Any other person who is
2 required to register under this Article shall be required to
3 register for a period of 10 years after conviction or
4 adjudication if not confined to a penal institution, hospital
5 or any other institution or facility, and if confined, for a
6 period of 10 years after parole, discharge or release from any
7 such facility. A sex offender who is allowed to leave a county,
8 State, or federal facility for the purposes of work release,
9 education, or overnight visitations shall be required to
10 register within 3 days of beginning such a program. Liability
11 for registration terminates at the expiration of 10 years from
12 the date of conviction or adjudication if not confined to a
13 penal institution, hospital or any other institution or
14 facility and if confined, at the expiration of 10 years from
15 the date of parole, discharge or release from any such
16 facility, providing such person does not, during that period,
17 again become liable to register under the provisions of this
18 Article. Reconfinement due to a violation of parole or other
19 circumstances that relates to the original conviction or
20 adjudication shall extend the period of registration to 10
21 years after final parole, discharge, or release. Reconfinement
22 due to a violation of parole or other circumstances that do not
23 relate to the original conviction or adjudication shall toll
24 the running of the balance of the 10-year period of
25 registration, which shall not commence running until after
26 final parole, discharge, or release. The Director of State

 

 

SB3084 - 21 - LRB096 18248 RLC 33623 b

1 Police, consistent with administrative rules, shall extend for
2 10 years the registration period of any sex offender, as
3 defined in Section 2 of this Act, who fails to comply with the
4 provisions of this Article. The registration period for any sex
5 offender who fails to comply with any provision of the Act
6 shall extend the period of registration by 10 years beginning
7 from the first date of registration after the violation. If the
8 registration period is extended, the Department of State Police
9 shall send a registered letter to the law enforcement agency
10 where the sex offender resides within 3 days after the
11 extension of the registration period. The sex offender shall
12 report to that law enforcement agency and sign for that letter.
13 One copy of that letter shall be kept on file with the law
14 enforcement agency of the jurisdiction where the sex offender
15 resides and one copy shall be returned to the Department of
16 State Police.
17 (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-169,
18 eff. 8-14-07; 95-331, eff. 8-21-07; 95-513, eff. 6-1-08;
19 95-640, eff. 6-1-08; 95-876, eff. 8-21-08.)
 
20     Section 99. Effective date. This Act takes effect upon
21 becoming law.