SB3084 Engrossed 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, 3-5, 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 150/3-5)
22     Sec. 3-5. Application of Act to adjudicated juvenile
23 delinquents.
24     (a) In all cases involving an adjudicated juvenile
25 delinquent who meets the definition of sex offender as set

 

 

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1 forth in paragraph (5) of subsection (A) of Section 2 of this
2 Act, the court shall order the minor to register as a sex
3 offender.
4     (b) Once an adjudicated juvenile delinquent is ordered to
5 register as a sex offender, the adjudicated juvenile delinquent
6 shall be subject to the registration requirements set forth in
7 Sections 3, 6, 6-5, 8, 8-5, and 10 for the term of his or her
8 registration.
9     (c) For a minor adjudicated delinquent for an offense
10 which, if charged as an adult, would be a felony, no less than
11 5 years after registration ordered pursuant to subsection (a)
12 of this Section, the minor may petition for the termination of
13 the term of registration. For a minor adjudicated delinquent
14 for an offense which, if charged as an adult, would be a
15 misdemeanor, no less than 2 years after registration ordered
16 pursuant to subsection (a) of this Section, the minor may
17 petition for termination of the term of registration.
18     (d) The court may upon a hearing on the petition for
19 termination of registration, terminate registration if the
20 court finds that the registrant poses no risk to the community
21 by a preponderance of the evidence based upon the factors set
22 forth in subsection (e). Notwithstanding any other provisions
23 of this Act to the contrary, no registrant whose registration
24 has been terminated under this Section shall be required to
25 register under the provisions of this Act for the offense or
26 offenses which were the subject of the successful petition for

 

 

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1 termination of registration. This exemption shall apply only to
2 those offenses which were the subject of the successful
3 petition for termination of registration, and shall not apply
4 to any other or subsequent offenses requiring registration
5 under this Act.
6     (e) To determine whether a registrant poses a risk to the
7 community as required by subsection (d), the court shall
8 consider the following factors:
9         (1) a risk assessment performed by an evaluator
10     approved by the Sex Offender Management Board;
11         (2) the sex offender history of the adjudicated
12     juvenile delinquent;
13         (3) evidence of the adjudicated juvenile delinquent's
14     rehabilitation;
15         (4) the age of the adjudicated juvenile delinquent at
16     the time of the offense;
17         (5) information related to the adjudicated juvenile
18     delinquent's mental, physical, educational, and social
19     history;
20         (6) victim impact statements; and
21         (7) any other factors deemed relevant by the court.
22     (f) At the hearing set forth in subsections (c) and (d), a
23 registrant shall be represented by counsel and may present a
24 risk assessment conducted by an evaluator who is a licensed
25 psychiatrist, psychologist, or other mental health
26 professional, and who has demonstrated clinical experience in

 

 

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1 juvenile sex offender treatment.
2     (g) After a registrant completes the term of his or her
3 registration, his or her name, address, and all other
4 identifying information shall be removed from all State and
5 local registries.
6     (h) This Section applies retroactively to cases in which
7 adjudicated juvenile delinquents who registered or were
8 required to register before the effective date of this
9 amendatory Act of the 95th General Assembly. On or after the
10 effective date of this amendatory Act of the 95th General
11 Assembly, a person adjudicated delinquent before the effective
12 date of this amendatory Act of the 95th General Assembly may
13 request a hearing regarding status of registration by filing a
14 Petition Requesting Registration Status with the clerk of the
15 court. Upon receipt of the Petition Requesting Registration
16 Status, the clerk of the court shall provide notice to the
17 parties and set the Petition for hearing pursuant to
18 subsections (c) through (e) of this Section.
19     (i) This Section does not apply to minors prosecuted under
20 the criminal laws as adults.
21 (Source: P.A. 95-658, eff. 10-11-07.)
 
22     (730 ILCS 150/7)  (from Ch. 38, par. 227)
23     Sec. 7. Duration of registration. A person who has been
24 adjudicated to be sexually dangerous and is later released or
25 found to be no longer sexually dangerous and discharged, shall

 

 

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

 

 

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

 

 

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1 discharge, or release. Reconfinement due to a violation of
2 parole or other circumstances that do not relate to the
3 original conviction or adjudication shall toll the running of
4 the balance of the 10-year period of registration, which shall
5 not commence running until after final parole, discharge, or
6 release. The Director of State Police, consistent with
7 administrative rules, shall extend for 10 years the
8 registration period of any sex offender, as defined in Section
9 2 of this Act, who fails to comply with the provisions of this
10 Article. The registration period for any sex offender who fails
11 to comply with any provision of the Act shall extend the period
12 of registration by 10 years beginning from the first date of
13 registration after the violation. If the registration period is
14 extended, the Department of State Police shall send a
15 registered letter to the law enforcement agency where the sex
16 offender resides within 3 days after the extension of the
17 registration period. The sex offender shall report to that law
18 enforcement agency and sign for that letter. One copy of that
19 letter shall be kept on file with the law enforcement agency of
20 the jurisdiction where the sex offender resides and one copy
21 shall be returned to the Department of State Police.
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; 95-876, eff. 8-21-08.)
 
25     Section 99. Effective date. This Act takes effect upon
26 becoming law.