Illinois General Assembly - Full Text of SB2462
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Full Text of SB2462  96th General Assembly

SB2462enr 96TH GENERAL ASSEMBLY



 


 
SB2462 Enrolled LRB096 13521 RLC 28262 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Sex Offender Registration Act is amended by
5 changing Section 3 as follows:
 
6     (730 ILCS 150/3)
7     Sec. 3. Duty to register.
8     (a) A sex offender, as defined in Section 2 of this Act, or
9 sexual predator shall, within the time period prescribed in
10 subsections (b) and (c), register in person and provide
11 accurate information as required by the Department of State
12 Police. Such information shall include a current photograph,
13 current address, current place of employment, the employer's
14 telephone number, school attended, all e-mail addresses,
15 instant messaging identities, chat room identities, and other
16 Internet communications identities that the sex offender uses
17 or plans to use, all Uniform Resource Locators (URLs)
18 registered or used by the sex offender, all blogs and other
19 Internet sites maintained by the sex offender or to which the
20 sex offender has uploaded any content or posted any messages or
21 information, extensions of the time period for registering as
22 provided in this Article and, if an extension was granted, the
23 reason why the extension was granted and the date the sex

 

 

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

 

 

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

 

 

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

 

 

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1     or, if incorporated, no police chief exists.
2     The out-of-state student or out-of-state employee shall
3 provide accurate information as required by the Department of
4 State Police. That information shall include the out-of-state
5 student's current place of school attendance or the
6 out-of-state employee's current place of employment.
7     (a-10) Any law enforcement agency registering sex
8 offenders or sexual predators in accordance with subsections
9 (a) or (a-5) of this Section shall forward to the Attorney
10 General a copy of sex offender registration forms from persons
11 convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the
12 Criminal Code of 1961, including periodic and annual
13 registrations under Section 6 of this Act.
14     (b) Any sex offender, as defined in Section 2 of this Act,
15 or sexual predator, regardless of any initial, prior, or other
16 registration, shall, within 3 days of beginning school, or
17 establishing a residence, place of employment, or temporary
18 domicile in any county, register in person as set forth in
19 subsection (a) or (a-5).
20     (c) The registration for any person required to register
21 under this Article shall be as follows:
22         (1) Any person registered under the Habitual Child Sex
23     Offender Registration Act or the Child Sex Offender
24     Registration Act prior to January 1, 1996, shall be deemed
25     initially registered as of January 1, 1996; however, this
26     shall not be construed to extend the duration of

 

 

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

 

 

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1     and documentation that substantiates proof of residence at
2     the registering address.
3         (6) The person shall pay a $20 initial registration fee
4     and a $10 annual renewal fee. The fees shall be used by the
5     registering agency for official purposes. The agency shall
6     establish procedures to document receipt and use of the
7     funds. The law enforcement agency having jurisdiction may
8     waive the registration fee if it determines that the person
9     is indigent and unable to pay the registration fee. Ten
10     dollars for the initial registration fee and $5 of the
11     annual renewal fee shall be used by the registering agency
12     for official purposes. Ten dollars of the initial
13     registration fee and $5 of the annual fee shall be
14     deposited into the Sex Offender Management Board Fund under
15     Section 19 of the Sex Offender Management Board Act. Money
16     deposited into the Sex Offender Management Board Fund shall
17     be administered by the Sex Offender Management Board and
18     shall be used to fund practices endorsed or required by the
19     Sex Offender Management Board Act including but not limited
20     to sex offenders evaluation, treatment, or monitoring
21     programs that are or may be developed, as well as for
22     administrative costs, including staff, incurred by the
23     Board.
24     (d) Within 3 days after obtaining or changing employment
25 and, if employed on January 1, 2000, within 5 days after that
26 date, a person required to register under this Section must

 

 

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1 report, in person to the law enforcement agency having
2 jurisdiction, the business name and address where he or she is
3 employed. If the person has multiple businesses or work
4 locations, every business and work location must be reported to
5 the law enforcement agency having jurisdiction.
6 (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-994,
7 eff. 1-1-07; 95-229, eff. 8-16-07; 95-579, eff. 6-1-08; 95-640,
8 eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. 8-21-08.)