Full Text of HB2769 95th General Assembly
HB2769eng 95TH GENERAL ASSEMBLY
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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, | 3 |
| represented in the General Assembly:
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| Section 5. The Sex Offender Registration Act is amended by | 5 |
| 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 ) | 8 |
| Sec. 2. Definitions.
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| (A) As used in this Article, "sex offender" means any | 10 |
| person who is:
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| (1) charged pursuant to Illinois law, or any | 12 |
| substantially similar
federal, Uniform Code of Military | 13 |
| Justice, sister state, or foreign country
law,
with a sex | 14 |
| offense set forth
in subsection (B) of this Section , or the | 15 |
| attempt to commit an included sex
offense, or conspiracy to | 16 |
| commit an included sex offense and:
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| (a) is convicted of such offense , or an attempt to | 18 |
| commit such offense , or conspiracy to commit such | 19 |
| offense ;
or
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| (b) is found not guilty by reason of insanity of | 21 |
| such offense , or an
attempt to commit such offense , or | 22 |
| conspiracy to commit such offense ; or
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| (c) is found not guilty by reason of insanity |
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LRB095 07991 RLC 28153 b |
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| pursuant to Section
104-25(c) of the Code of Criminal | 2 |
| Procedure of 1963 of such offense , or an
attempt to | 3 |
| commit such offense , or conspiracy to commit such | 4 |
| offense ; or
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| (d) is the subject of a finding not resulting in an | 6 |
| acquittal at a
hearing conducted pursuant to Section | 7 |
| 104-25(a) of the Code of Criminal
Procedure of 1963 for | 8 |
| 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 | 11 |
| following a hearing
conducted pursuant to a federal, | 12 |
| Uniform Code of Military Justice, sister
state, or | 13 |
| foreign country law
substantially similar to Section | 14 |
| 104-25(c) of the Code of Criminal Procedure
of 1963 of | 15 |
| such offense , or of the attempted commission of such | 16 |
| 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 | 18 |
| acquittal at a
hearing conducted pursuant to a federal, | 19 |
| Uniform Code of Military Justice,
sister state, or | 20 |
| foreign country law
substantially similar to Section | 21 |
| 104-25(a) of the Code of Criminal Procedure
of 1963 for | 22 |
| the alleged violation , or attempted commission of such | 23 |
| offense or conspiracy to commit such an offense ;
or
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| (2) certified as a sexually dangerous person pursuant | 25 |
| to the Illinois
Sexually Dangerous Persons Act, or any | 26 |
| substantially similar federal, Uniform
Code of Military |
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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 | 3 |
| Interstate
Agreements on Sexually Dangerous Persons Act; | 4 |
| or
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| (4) found to be a sexually violent person pursuant to | 6 |
| the Sexually
Violent Persons Commitment Act or any | 7 |
| substantially similar federal, Uniform
Code of Military | 8 |
| Justice, sister
state, or foreign country law; or
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| (5) adjudicated a juvenile delinquent as the result of | 10 |
| committing , or
attempting to commit , or conspiring to | 11 |
| commit an act which, if committed by an adult, would | 12 |
| constitute
any of the offenses specified in item (B), (C), | 13 |
| or (C-5) of this Section or a
violation of any | 14 |
| substantially similar federal, Uniform Code of Military
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| Justice, sister state, or foreign
country law, or found | 16 |
| guilty under Article V of the Juvenile Court Act of 1987
of | 17 |
| committing , or attempting to commit , or conspiring to | 18 |
| commit an act which, if committed by an adult,
would | 19 |
| constitute any of the offenses specified in item (B), (C), | 20 |
| or (C-5) of
this Section or a violation of any | 21 |
| substantially similar federal, Uniform Code
of Military | 22 |
| Justice, sister state,
or foreign country law.
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| Convictions that result from or are connected with the same | 24 |
| act, or result
from offenses committed at the same time, shall | 25 |
| be counted for the purpose of
this Article as one conviction. | 26 |
| Any conviction set aside pursuant to law is
not a conviction |
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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 | 3 |
| 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 | 6 |
| conspiracy to commit a violation of any of the following | 7 |
| Sections of the Criminal Code of
1961:
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| 10-5.1 (luring of a minor, for a second or | 9 |
| 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 | 16 |
| 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 | 20 |
| 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 | 26 |
| child),
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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 | 5 |
| 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 | 8 |
| conspiracy to commit a violation of any of the following | 9 |
| Sections of the
Criminal Code of 1961, when the victim is a | 10 |
| person under 18 years of age, the
defendant is not a parent | 11 |
| of the victim, the offense was sexually motivated as | 12 |
| defined in Section 10 of the Sex Offender Management Board | 13 |
| Act, and the offense was committed on or
after January 1, | 14 |
| 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 | 20 |
| Criminal Code of 1961,
when the victim was a person under | 21 |
| 18 years of age and the defendant was at least
17 years of | 22 |
| age at the time of the commission of the offense, the | 23 |
| attempted commission of the offense, or the conspiracy to | 24 |
| commit the offense, provided the offense was sexually | 25 |
| motivated as defined in Section 10 of the Sex Offender | 26 |
| Management Board Act.
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| (1.7) (Blank).
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| (1.8) A violation of, an or attempted violation of, or | 3 |
| a conspiracy to commit a violation of Section 11-11 (sexual
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| relations within families) of the Criminal Code of 1961, | 5 |
| and the offense was committed on or after
June 1, 1997.
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| (1.9) Child abduction under paragraph (10) of | 7 |
| subsection
(b) of Section 10-5 of the Criminal Code of 1961 | 8 |
| committed by luring , or
attempting to lure , or conspiring | 9 |
| to lure a child under the age of 16 into a motor vehicle, | 10 |
| building,
house trailer, or dwelling place without the | 11 |
| consent of the parent or lawful
custodian of the child for | 12 |
| other than a lawful purpose and the offense was
committed | 13 |
| on or after January 1, 1998, provided the offense was | 14 |
| sexually motivated as defined in Section 10 of the Sex | 15 |
| Offender Management Board Act.
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| (1.10) A violation of, an or attempted violation of, or | 17 |
| a conspiracy to commit a violation of any of the following | 18 |
| Sections
of the Criminal Code of 1961 when the offense was | 19 |
| committed on or after July
1, 1999:
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| 10-4 (forcible detention, if the victim is under 18 | 21 |
| years of age), provided the offense was sexually | 22 |
| motivated as defined in Section 10 of the Sex Offender | 23 |
| 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 | 26 |
| is under 18 years
of age),
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| 11-16 (pandering, if the victim is under 18 years | 2 |
| of age),
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| 11-18 (patronizing a prostitute, if the victim is | 4 |
| under 18 years
of age),
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| 11-19 (pimping, if the victim is under 18 years of | 6 |
| age).
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| (1.11) A violation or attempted violation of any of the | 8 |
| following
Sections of the Criminal Code of 1961 when the | 9 |
| offense was committed on or
after August 22, 2002:
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| 11-9 (public indecency for a third or subsequent | 11 |
| conviction).
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| (1.12) A violation of, an or attempted violation of , or | 13 |
| a conspiracy to commit a violation of Section
5.1 of the | 14 |
| 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 | 17 |
| conspiracy to commit a violation of any former law of this | 18 |
| State substantially equivalent
to any offense listed in | 19 |
| subsection (B) of this Section.
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| (C) A conviction for an offense of federal law, Uniform | 21 |
| Code of Military
Justice, or the law of another state
or a | 22 |
| foreign country that is substantially equivalent to any offense | 23 |
| 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 | 25 |
| finding or adjudication as a sexually dangerous person
or a | 26 |
| sexually violent person under any federal law, Uniform Code of |
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LRB095 07991 RLC 28153 b |
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| Military
Justice, or the law of another state or
foreign | 2 |
| country that is substantially equivalent to the Sexually | 3 |
| Dangerous
Persons Act or the Sexually Violent Persons | 4 |
| Commitment Act shall constitute an
adjudication for the | 5 |
| purposes of this Article.
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| (C-5) A person at least 17 years of age at the time of the | 7 |
| commission of
the offense who is convicted of first degree | 8 |
| murder , attempted first degree murder, or conspiring to commit | 9 |
| first degree murder under Section 9-1 of the
Criminal Code of | 10 |
| 1961, against a person
under 18 years of age, shall be required | 11 |
| to register
for natural life.
A conviction for an offense of | 12 |
| federal, Uniform Code of Military Justice,
sister state, or | 13 |
| foreign country law that is substantially equivalent to any
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| offense listed in subsection (C-5) of this Section shall | 15 |
| constitute a
conviction for the purpose of this Article. This | 16 |
| subsection (C-5) applies to a person who committed the offense | 17 |
| before June 1, 1996 only if the person is incarcerated in an | 18 |
| Illinois Department of Corrections facility on August 20, 2004 | 19 |
| (the effective date of Public Act 93-977).
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| (D) As used in this Article, "law enforcement agency having | 21 |
| jurisdiction"
means the Chief of Police in each of the | 22 |
| municipalities in which the sex offender
expects to reside, | 23 |
| work, or attend school (1) upon his or her discharge,
parole or | 24 |
| release or
(2) during the service of his or her sentence of | 25 |
| probation or conditional
discharge, or the Sheriff of the | 26 |
| county, in the event no Police Chief exists
or if the offender |
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LRB095 07991 RLC 28153 b |
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| intends to reside, work, or attend school in an
unincorporated | 2 |
| area.
"Law enforcement agency having jurisdiction" includes | 3 |
| the location where
out-of-state students attend school and | 4 |
| where out-of-state employees are
employed or are otherwise | 5 |
| required to register.
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| (D-1) As used in this Article, "supervising officer" means | 7 |
| the assigned Illinois Department of Corrections parole agent or | 8 |
| county probation officer. | 9 |
| (E) As used in this Article, "sexual predator" means any | 10 |
| sex offender who is required to register for his or her natural | 11 |
| life pursuant to Section 7 of this Act person who,
after July | 12 |
| 1, 1999, is:
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| (1) Convicted for an offense of federal, Uniform Code | 14 |
| of Military
Justice, sister state, or foreign country law | 15 |
| that is substantially equivalent
to any offense listed in | 16 |
| subsection (E) of this Section shall constitute a
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| conviction for the purpose of this Article.
Convicted of a | 18 |
| violation or attempted violation of any of the following
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| Sections of the
Criminal Code of 1961, if the conviction | 20 |
| occurred after July
1, 1999:
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| 11-17.1 (keeping a place of juvenile | 22 |
| 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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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 | 4 |
| 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 | 9 |
| to the Sexually
Dangerous Persons Act or any substantially | 10 |
| similar federal, Uniform Code of
Military Justice, sister | 11 |
| state, or
foreign country law; or
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| (4) found to be a sexually violent person pursuant to | 13 |
| the Sexually Violent
Persons Commitment Act or any | 14 |
| substantially similar federal, Uniform Code of
Military | 15 |
| Justice, sister state, or
foreign country law;
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| (5) convicted of a second or subsequent offense which | 17 |
| requires
registration pursuant to this Act. The conviction | 18 |
| for the second or subsequent
offense must have occurred | 19 |
| after July 1, 1999. For purposes of this paragraph
(5), | 20 |
| "convicted" shall include a conviction under any
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| substantially similar
Illinois, federal, Uniform Code of | 22 |
| Military Justice, sister state, or
foreign country law; or
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| (6) convicted of a second or subsequent offense of | 24 |
| luring a minor under Section 10-5.1 of the Criminal Code of | 25 |
| 1961 . | 26 |
| (F) As used in this Article, "out-of-state student" means |
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LRB095 07991 RLC 28153 b |
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| any sex
offender, as defined in this Section,
or sexual | 2 |
| predator who is enrolled in Illinois, on a full-time or | 3 |
| part-time
basis, in any public or private educational | 4 |
| institution, including, but not
limited to, any secondary | 5 |
| school, trade or professional institution, or
institution of | 6 |
| higher learning.
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| (G) As used in this Article, "out-of-state employee" means | 8 |
| any sex
offender, as defined in this Section,
or sexual | 9 |
| predator who works in Illinois, regardless of whether the | 10 |
| individual
receives payment for services performed, for a | 11 |
| period of time of 10 or more days
or for an aggregate period of | 12 |
| time of 30 or more days
during any calendar year.
Persons who | 13 |
| operate motor vehicles in the State accrue one day of | 14 |
| 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 | 16 |
| private educational institution, including, but not limited | 17 |
| to, any elementary or secondary school, trade or professional | 18 |
| institution, or institution of higher education. | 19 |
| (I) As used in this Article, "fixed residence" means any | 20 |
| and all places that a sex offender resides for an aggregate | 21 |
| 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" | 23 |
| means the string of numbers by which a location on the Internet | 24 |
| is identified by routers or other computers connected to the | 25 |
| Internet. | 26 |
| (K) Notwithstanding any other rulemaking authority that |
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LRB095 07991 RLC 28153 b |
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| may exist, neither the Governor nor any agency or agency head | 2 |
| under the jurisdiction of the Governor has any authority to | 3 |
| make or promulgate rules to implement or enforce the provisions | 4 |
| of this amendatory Act of the 95th General Assembly. If, | 5 |
| however, the Governor believes that rules are necessary to | 6 |
| implement or enforce the provisions of this amendatory Act of | 7 |
| the 95th General Assembly, the Governor may suggest rules to | 8 |
| the General Assembly by filing them with the Clerk of the House | 9 |
| and the Secretary of the Senate and by requesting that the | 10 |
| General Assembly authorize such rulemaking by law, enact those | 11 |
| suggested rules into law, or take any other appropriate action | 12 |
| in the General Assembly's discretion. Nothing contained in this | 13 |
| amendatory Act of the 95th General Assembly shall be | 14 |
| interpreted to grant rulemaking authority under any other | 15 |
| Illinois statute where such authority is not otherwise | 16 |
| explicitly given. For the purposes of this Section, "rules" is | 17 |
| given the meaning contained in Section 1-70 of the Illinois | 18 |
| Administrative Procedure Act, and "agency" and "agency head" | 19 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 20 |
| the Illinois Administrative Procedure Act to the extent that | 21 |
| such definitions apply to agencies or agency heads under the | 22 |
| jurisdiction of the Governor. | 23 |
| (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-945, | 24 |
| eff. 6-27-06; 94-1053, eff. 7-24-06; 95-331, eff. 8-21-07; | 25 |
| 95-579, eff. 6-1-08; 95-625, eff. 6-1-08; 95-658, eff. | 26 |
| 10-11-07; revised 11-19-07.)
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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 ) | 3 |
| Sec. 6. Duty to report; change of address, school, or | 4 |
| employment; duty
to inform. | 5 |
| (a)
A person who has been adjudicated to be sexually | 6 |
| dangerous or is a sexually
violent person and is later | 7 |
| released, or found to be no longer sexually
dangerous or no | 8 |
| longer a sexually violent person and discharged, or convicted | 9 |
| 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 | 11 |
| registered no
later than 90 days after the date of his or her | 12 |
| last registration and every 90
days thereafter and at such | 13 |
| other times at the request of the law enforcement agency not to | 14 |
| exceed 4 times a year . Such sexually dangerous or sexually
| 15 |
| violent person must report all new or changed e-mail addresses, | 16 |
| all new or changed instant messaging identities, all new or | 17 |
| changed chat room identities, and all other new or changed | 18 |
| Internet communications identities that the sexually dangerous | 19 |
| or sexually
violent person uses or plans to use, all new or | 20 |
| changed Uniform Resource Locators (URLs) registered or used by | 21 |
| the sexually dangerous or sexually
violent person, and all new | 22 |
| or changed blogs and other Internet sites maintained by the | 23 |
| sexually dangerous or sexually
violent person or to which the | 24 |
| sexually dangerous or sexually
violent person has uploaded any | 25 |
| content or posted any messages or information. |
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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 | 3 |
| July 1, 2009, shall report in person to the law enforcement | 4 |
| agency with whom he or she last registered within one year from | 5 |
| the date of last registration and every year thereafter. | 6 |
| (c) Any person who is required to register under this | 7 |
| Article who was convicted of his or her sex offense on or after | 8 |
| July 1, 2009 and is required to register for a period of 15 | 9 |
| years under Section 7 of this Article shall report in person to | 10 |
| the law enforcement agency with whom he or she last registered | 11 |
| within one year from the date of last registration and every | 12 |
| year thereafter. | 13 |
| (d) Any person who is required to register under this | 14 |
| Article who was convicted of his or her sex offense on or after | 15 |
| July 1, 2009 and is required to register for a period of his or | 16 |
| her natural life under Section 7 of this Article shall report | 17 |
| in person to the law enforcement agency with whom he or she | 18 |
| last registered no later than 90 days after the date of his or | 19 |
| her last registration and every 90 days thereafter. | 20 |
| (e) Any person who lacks a fixed residence must report | 21 |
| weekly, in person, to the appropriate law enforcement agency | 22 |
| where the sex offender is located. Any other person who is | 23 |
| required to register under this
Article shall report in person | 24 |
| to the appropriate law enforcement agency with
whom he or she | 25 |
| last registered within one year from the date of last
| 26 |
| registration and every year thereafter and at such other times |
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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 | 2 |
| times a year. If any person required to register under this | 3 |
| Article lacks a fixed residence or temporary domicile, he or | 4 |
| she must notify, in person, the agency of jurisdiction of his | 5 |
| or her last known address within 3 days after ceasing to have a | 6 |
| fixed residence and if the offender leaves the last | 7 |
| 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 |
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LRB095 07991 RLC 28153 b |
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| residence, change in
employment, or school.
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| (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.
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| (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.
|
|