Full Text of HB2769 95th General Assembly
HB2769ham001 95TH GENERAL ASSEMBLY
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Rep. Robert S. Molaro
Filed: 3/17/2008
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09500HB2769ham001 |
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LRB095 07991 RLC 47146 a |
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| AMENDMENT TO HOUSE BILL 2769
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| AMENDMENT NO. ______. Amend House Bill 2769 by replacing | 3 |
| everything after the enacting clause with the following:
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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, and:
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| (a) is convicted of such offense or an attempt to |
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| commit such offense;
or
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| (b) is found not guilty by reason of insanity of | 3 |
| such offense or an
attempt to commit such offense; or
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| (c) is found not guilty by reason of insanity | 5 |
| pursuant to Section
104-25(c) of the Code of Criminal | 6 |
| Procedure of 1963 of such offense or an
attempt to | 7 |
| commit such offense; or
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| (d) is the subject of a finding not resulting in an | 9 |
| acquittal at a
hearing conducted pursuant to Section | 10 |
| 104-25(a) of the Code of Criminal
Procedure of 1963 for | 11 |
| the alleged commission or attempted commission of such
| 12 |
| offense; or
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| (e) is found not guilty by reason of insanity | 14 |
| following a hearing
conducted pursuant to a federal, | 15 |
| Uniform Code of Military Justice, sister
state, or | 16 |
| foreign country law
substantially similar to Section | 17 |
| 104-25(c) of the Code of Criminal Procedure
of 1963 of | 18 |
| such offense or of the attempted commission of such | 19 |
| offense; or
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| (f) is the subject of a finding not resulting in an | 21 |
| acquittal at a
hearing conducted pursuant to a federal, | 22 |
| Uniform Code of Military Justice,
sister state, or | 23 |
| foreign country law
substantially similar to Section | 24 |
| 104-25(a) of the Code of Criminal Procedure
of 1963 for | 25 |
| the alleged violation or attempted commission of such | 26 |
| offense;
or
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| (2) certified as a sexually dangerous person pursuant | 2 |
| to the Illinois
Sexually Dangerous Persons Act, or any | 3 |
| substantially similar federal, Uniform
Code of Military | 4 |
| Justice, sister
state, or foreign country law; or
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| (3) subject to the provisions of Section 2 of the | 6 |
| Interstate
Agreements on Sexually Dangerous Persons Act; | 7 |
| or
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| (4) found to be a sexually violent person pursuant to | 9 |
| the Sexually
Violent Persons Commitment Act or any | 10 |
| substantially similar federal, Uniform
Code of Military | 11 |
| Justice, sister
state, or foreign country law; or
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| (5) adjudicated a juvenile delinquent as the result of | 13 |
| committing or
attempting to commit an act which, if | 14 |
| committed by an adult, would constitute
any of the offenses | 15 |
| specified in item (B), (C), or (C-5) of this Section or a
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| violation of any substantially similar federal, Uniform | 17 |
| Code of Military
Justice, sister state, or foreign
country | 18 |
| law, or found guilty under Article V of the Juvenile Court | 19 |
| Act of 1987
of committing or attempting to commit an act | 20 |
| which, if committed by an adult,
would constitute any of | 21 |
| the offenses specified in item (B), (C), or (C-5) of
this | 22 |
| Section or a violation of any substantially similar | 23 |
| federal, Uniform Code
of Military Justice, sister state,
or | 24 |
| foreign country law.
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| Convictions that result from or are connected with the same | 26 |
| act, or result
from offenses committed at the same time, shall |
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| be counted for the purpose of
this Article as one conviction. | 2 |
| Any conviction set aside pursuant to law is
not a conviction | 3 |
| for purposes of this Article.
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For purposes of this Section, "convicted" shall have the | 5 |
| 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 any of the following Sections of the | 8 |
| Criminal Code of
1961:
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| 10-5.1 (luring of a minor, for a second or | 10 |
| 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 | 17 |
| 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 | 21 |
| prostitution),
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| 11-19.1 (juvenile pimping),
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| 11-19.2 (exploitation of a child),
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| 12-13 (criminal sexual assault),
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| 12-14 (aggravated criminal sexual assault),
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| 12-14.1 (predatory criminal sexual assault of a |
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| child),
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| 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 | 6 |
| 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 any of the following Sections of | 9 |
| the
Criminal Code of 1961, when the victim is a person | 10 |
| under 18 years of age, the
defendant is not a parent of the | 11 |
| victim, the offense was sexually motivated as defined in | 12 |
| Section 10 of the Sex Offender Management Board Act, and | 13 |
| the offense was committed on or
after January 1, 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 | 19 |
| Criminal Code of 1961,
when the victim was a person under | 20 |
| 18 years of age and the defendant was at least
17 years of | 21 |
| age at the time of the commission of the offense, provided | 22 |
| the offense was sexually motivated as defined in Section 10 | 23 |
| of the Sex Offender Management Board Act.
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| (1.7) (Blank).
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| (1.8) A violation or attempted violation of Section | 26 |
| 11-11 (sexual
relations within families) of the Criminal |
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| Code of 1961, and the offense was committed on or after
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| June 1, 1997.
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| (1.9) Child abduction under paragraph (10) of | 4 |
| subsection
(b) of Section 10-5 of the Criminal Code of 1961 | 5 |
| committed by luring or
attempting to lure a child under the | 6 |
| age of 16 into a motor vehicle, building,
house trailer, or | 7 |
| dwelling place without the consent of the parent or lawful
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| custodian of the child for other than a lawful purpose and | 9 |
| the offense was
committed on or after January 1, 1998, | 10 |
| provided the offense was sexually motivated as defined in | 11 |
| Section 10 of the Sex Offender Management Board Act.
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| (1.10) A violation or attempted violation of any of the | 13 |
| following Sections
of the Criminal Code of 1961 when the | 14 |
| offense was committed on or after July
1, 1999:
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| 10-4 (forcible detention, if the victim is under 18 | 16 |
| years of age), provided the offense was sexually | 17 |
| motivated as defined in Section 10 of the Sex Offender | 18 |
| 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 | 21 |
| is under 18 years
of age),
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| 11-16 (pandering, if the victim is under 18 years | 23 |
| of age),
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| 11-18 (patronizing a prostitute, if the victim is | 25 |
| under 18 years
of age),
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| 11-19 (pimping, if the victim is under 18 years of |
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| age).
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| (1.11) A violation or attempted violation of any of the | 3 |
| following
Sections of the Criminal Code of 1961 when the | 4 |
| offense was committed on or
after August 22, 2002:
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| 11-9 (public indecency for a third or subsequent | 6 |
| conviction).
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| (1.12) A violation or attempted violation of Section
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| 5.1 of the Wrongs to Children Act (permitting sexual abuse) | 9 |
| when the
offense was committed on or after August 22, 2002.
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| (2) A violation of any former law of this State | 11 |
| substantially equivalent
to any offense listed in | 12 |
| subsection (B) of this Section.
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| (C) A conviction for an offense of federal law, Uniform | 14 |
| Code of Military
Justice, or the law of another state
or a | 15 |
| foreign country that is substantially equivalent to any offense | 16 |
| 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 | 18 |
| finding or adjudication as a sexually dangerous person
or a | 19 |
| sexually violent person under any federal law, Uniform Code of | 20 |
| Military
Justice, or the law of another state or
foreign | 21 |
| country that is substantially equivalent to the Sexually | 22 |
| Dangerous
Persons Act or the Sexually Violent Persons | 23 |
| Commitment Act shall constitute an
adjudication for the | 24 |
| purposes of this Article.
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| (C-5) A person at least 17 years of age at the time of the | 26 |
| commission of
the offense who is convicted of first degree |
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| murder under Section 9-1 of the
Criminal Code of 1961, against | 2 |
| a person
under 18 years of age, shall be required to register
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| for natural life.
A conviction for an offense of federal, | 4 |
| Uniform Code of Military Justice,
sister state, or foreign | 5 |
| country law that is substantially equivalent to any
offense | 6 |
| listed in subsection (C-5) of this Section shall constitute a
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| conviction for the purpose of this Article. This subsection | 8 |
| (C-5) applies to a person who committed the offense before June | 9 |
| 1, 1996 only if the person is incarcerated in an Illinois | 10 |
| Department of Corrections facility on August 20, 2004 (the | 11 |
| effective date of Public Act 93-977).
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| (D) As used in this Article, "law enforcement agency having | 13 |
| jurisdiction"
means the Chief of Police in each of the | 14 |
| municipalities in which the sex offender
expects to reside, | 15 |
| work, or attend school (1) upon his or her discharge,
parole or | 16 |
| release or
(2) during the service of his or her sentence of | 17 |
| probation or conditional
discharge, or the Sheriff of the | 18 |
| county, in the event no Police Chief exists
or if the offender | 19 |
| intends to reside, work, or attend school in an
unincorporated | 20 |
| area.
"Law enforcement agency having jurisdiction" includes | 21 |
| the location where
out-of-state students attend school and | 22 |
| where out-of-state employees are
employed or are otherwise | 23 |
| required to register.
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| (D-1) As used in this Article, "supervising officer" means | 25 |
| the assigned Illinois Department of Corrections parole agent or | 26 |
| county probation officer. |
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| (E) As used in this Article, "sexual predator" means any | 2 |
| sex offender who is required to register for his or her natural | 3 |
| life pursuant to Section 7 of this Act person who,
after July | 4 |
| 1, 1999, is:
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| (1) Convicted for an offense of federal, Uniform Code | 6 |
| of Military
Justice, sister state, or foreign country law | 7 |
| that is substantially equivalent
to any offense listed in | 8 |
| subsection (E) of this Section shall constitute a
| 9 |
| conviction for the purpose of this Article.
Convicted of a | 10 |
| violation or attempted violation of any of the following
| 11 |
| Sections of the
Criminal Code of 1961, if the conviction | 12 |
| occurred after July
1, 1999:
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| 11-17.1 (keeping a place of juvenile | 14 |
| 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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| 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 | 22 |
| child),
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| 12-16 (aggravated criminal sexual abuse),
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| 12-33 (ritualized abuse of a child); or
| 25 |
| (2) (blank); or
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| (3) certified as a sexually dangerous person pursuant |
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| to the Sexually
Dangerous Persons Act or any substantially | 2 |
| similar federal, Uniform Code of
Military Justice, sister | 3 |
| state, or
foreign country law; or
| 4 |
| (4) found to be a sexually violent person pursuant to | 5 |
| the Sexually Violent
Persons Commitment Act or any | 6 |
| substantially similar federal, Uniform Code of
Military | 7 |
| Justice, sister state, or
foreign country law;
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| (5) convicted of a second or subsequent offense which | 9 |
| requires
registration pursuant to this Act. The conviction | 10 |
| for the second or subsequent
offense must have occurred | 11 |
| after July 1, 1999. For purposes of this paragraph
(5), | 12 |
| "convicted" shall include a conviction under any
| 13 |
| substantially similar
Illinois, federal, Uniform Code of | 14 |
| Military Justice, sister state, or
foreign country law; or
| 15 |
| (6) convicted of a second or subsequent offense of | 16 |
| luring a minor under Section 10-5.1 of the Criminal Code of | 17 |
| 1961 . | 18 |
| (F) As used in this Article, "out-of-state student" means | 19 |
| any sex
offender, as defined in this Section,
or sexual | 20 |
| predator who is enrolled in Illinois, on a full-time or | 21 |
| part-time
basis, in any public or private educational | 22 |
| institution, including, but not
limited to, any secondary | 23 |
| school, trade or professional institution, or
institution of | 24 |
| higher learning.
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| (G) As used in this Article, "out-of-state employee" means | 26 |
| any sex
offender, as defined in this Section,
or sexual |
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| predator who works in Illinois, regardless of whether the | 2 |
| individual
receives payment for services performed, for a | 3 |
| period of time of 10 or more days
or for an aggregate period of | 4 |
| time of 30 or more days
during any calendar year.
Persons who | 5 |
| operate motor vehicles in the State accrue one day of | 6 |
| 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 | 8 |
| private educational institution, including, but not limited | 9 |
| to, any elementary or secondary school, trade or professional | 10 |
| institution, or institution of higher education. | 11 |
| (I) As used in this Article, "fixed residence" means any | 12 |
| and all places that a sex offender resides for an aggregate | 13 |
| 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" | 15 |
| means the string of numbers by which a location on the Internet | 16 |
| is identified by routers or other computers connected to the | 17 |
| Internet. | 18 |
| (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-945, | 19 |
| eff. 6-27-06; 94-1053, eff. 7-24-06; 95-331, eff. 8-21-07; | 20 |
| 95-579, eff. 6-1-08; 95-625, eff. 6-1-08; 95-658, eff. | 21 |
| 10-11-07; revised 11-19-07.)
| 22 |
| (730 ILCS 150/6) (from Ch. 38, par. 226)
| 23 |
| (Text of Section after amendment by P.A. 95-640 ) | 24 |
| Sec. 6. Duty to report; change of address, school, or | 25 |
| employment; duty
to inform. |
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| (a)
A person who has been adjudicated to be sexually | 2 |
| dangerous or is a sexually
violent person and is later | 3 |
| released, or found to be no longer sexually
dangerous or no | 4 |
| longer a sexually violent person and discharged, or convicted | 5 |
| of a violation of this Act after July 1, 2005, shall register | 6 |
| with report in
person to the appropriate law enforcement agency | 7 |
| with whom he or she last registered no
later than 90 days after | 8 |
| the date of his or her last registration and every 90
days | 9 |
| thereafter , and at such other times at the request of the law | 10 |
| enforcement agency not to exceed 4 times a year. The law | 11 |
| enforcement agency having jurisdiction has the discretion to | 12 |
| determine the location and law enforcement official. Such | 13 |
| sexually dangerous or sexually
violent person must report 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 sexually dangerous or sexually
violent person uses or | 18 |
| plans to use, all new or changed Uniform Resource Locators | 19 |
| (URLs) registered or used by the sexually dangerous or sexually
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| violent person, and all new or changed blogs and other Internet | 21 |
| sites maintained by the sexually dangerous or sexually
violent | 22 |
| person or to which the sexually dangerous or sexually
violent | 23 |
| person has uploaded any content or posted any messages or | 24 |
| information. | 25 |
| (b) Any person who is required to register under this | 26 |
| Article who committed his or her sex offense prior to January |
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| 1, 2009, shall report in person to the appropriate law | 2 |
| enforcement agency with whom he or she last registered within | 3 |
| one year from the date of last registration and every year | 4 |
| thereafter, and at other times at the request of the law | 5 |
| enforcement agency not to exceed 4 times a year. | 6 |
| (c) Any person who is required to register under this | 7 |
| Article who committed his or her sex offense on or after | 8 |
| January 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 appropriate law enforcement agency with whom he or she last | 11 |
| registered within one year from the date of last registration | 12 |
| and every year thereafter, and at other times at the request of | 13 |
| the law enforcement agency not to exceed 4 times a year. | 14 |
| (d) Any person who is required to register under this | 15 |
| Article who committed his or her sex offense on or after | 16 |
| January 1, 2009 and is required to register for a period of his | 17 |
| or her natural life under Section 7 of this Article shall | 18 |
| register with the appropriate law enforcement agency no later | 19 |
| than 90 days after the date of his or her last registration and | 20 |
| every 90 days thereafter, and at other times at the request of | 21 |
| the law enforcement agency not to exceed 4 times a year. The | 22 |
| law enforcement agency having jurisdiction has the discretion | 23 |
| to determine the location and law enforcement official. | 24 |
| (e) Any person who lacks a fixed residence must report | 25 |
| weekly, in person, to the appropriate law enforcement agency | 26 |
| where the sex offender is located. Any other person who is |
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| required to register under this
Article shall report in person | 2 |
| to the appropriate law enforcement agency with
whom he or she | 3 |
| last registered within one year from the date of last
| 4 |
| registration and every year thereafter and at such other times | 5 |
| at the request of the law enforcement agency not to exceed 4 | 6 |
| times a year. If any person required to register under this | 7 |
| Article lacks a fixed residence or temporary domicile, he or | 8 |
| she must notify, in person, the agency of jurisdiction of his | 9 |
| or her last known address within 3 days after ceasing to have a | 10 |
| fixed residence and if the offender leaves the last | 11 |
| jurisdiction of residence, he or she, must within 3 days after | 12 |
| leaving register in person with the new agency of jurisdiction. | 13 |
| (f) If any other person required to register
under this | 14 |
| Article changes his or her residence address, place of
| 15 |
| employment,
or school, he or she shall report in
person to the | 16 |
| law
enforcement agency
with whom he or she last registered of | 17 |
| his or her new address, change in
employment, or school, all | 18 |
| new or changed e-mail addresses, all new or changed instant | 19 |
| messaging identities, all new or changed chat room identities, | 20 |
| and all other new or changed Internet communications identities | 21 |
| that the sex offender uses or plans to use, all new or changed | 22 |
| Uniform Resource Locators (URLs) registered or used by the sex | 23 |
| offender, and all new or changed blogs and other Internet sites | 24 |
| maintained by the sex offender or to which the sex offender has | 25 |
| uploaded any content or posted any messages or information, and | 26 |
| register, in person, with the appropriate law enforcement
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| agency within the
time period specified in Section 3. The law | 2 |
| enforcement agency shall, within 3
days of the reporting in | 3 |
| person by the person required to register under this Article, | 4 |
| notify the Department of State Police of the new place of | 5 |
| residence, change in
employment, or school.
| 6 |
| (g) If any person required to register under this Article | 7 |
| intends to establish a
residence or employment outside of the | 8 |
| State of Illinois, at least 10 days
before establishing that | 9 |
| residence or employment, he or she shall report in person to | 10 |
| the law enforcement agency with which he or she last registered | 11 |
| of his
or her out-of-state intended residence or employment. | 12 |
| The law enforcement agency with
which such person last | 13 |
| registered shall, within 3 days after the reporting in person | 14 |
| of the person required to register under this Article of an | 15 |
| address or
employment change, notify the Department of State | 16 |
| Police. The Department of
State Police shall forward such | 17 |
| information to the out-of-state law enforcement
agency having | 18 |
| jurisdiction in the form and manner prescribed by the
| 19 |
| Department of State Police.
| 20 |
| (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-229, | 21 |
| eff. 8-16-07; 95-331, eff. 8-21-07; 95-640, eff. 6-1-08; | 22 |
| revised 11-19-07.)
| 23 |
| (730 ILCS 150/7) (from Ch. 38, par. 227)
| 24 |
| (Text of Section after amendment by P.A. 95-513 and 95-640 ) | 25 |
| Sec. 7. Duration of registration. |
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| (a) Lifetime registration period. | 2 |
| (1) A person who has been adjudicated to
be
sexually | 3 |
| dangerous and is later released or found to be no longer | 4 |
| sexually
dangerous and discharged, shall register for the | 5 |
| period of his or her natural
life. | 6 |
| (2)
A sexually violent person or sexual predator shall | 7 |
| register for the period of
his or her natural life
after | 8 |
| conviction or adjudication if not confined to a penal | 9 |
| institution,
hospital, or other institution or facility, | 10 |
| and if confined, for
the period of his or her natural life | 11 |
| after parole, discharge, or release from
any such facility. | 12 |
| (3)
A person who becomes subject to registration under | 13 |
| this Article who has previously been subject to | 14 |
| registration under this Article or under the Child Murderer | 15 |
| and Violent Offender Against Youth Registration Act or | 16 |
| similar registration requirements of other jurisdictions | 17 |
| shall register for the period of his or her natural life if | 18 |
| not confined to a penal institution,
hospital, or other | 19 |
| institution or facility, and if confined, for
the period of | 20 |
| his or her natural life after parole, discharge, or release | 21 |
| from
any such facility. | 22 |
| (4) A person convicted for violation or attempted | 23 |
| violation of any of the following Sections of the Criminal | 24 |
| Code of 1961 who committed his or her sex offense prior to | 25 |
| January 1, 2009 shall register for the period of his or her | 26 |
| natural life after conviction or adjudication if not |
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| confined to a penal institution, hospital, or other | 2 |
| institution or facility, and if confined, for the period of | 3 |
| his or her natural life after parole, discharge, or release | 4 |
| from any such facility: | 5 |
| 10-5.1 (luring of a minor, for a second or | 6 |
| subsequent offense), | 7 |
| 11-17.1 (keeping a place of juvenile
| 8 |
| prostitution), | 9 |
| 11-19.1 (juvenile pimping), | 10 |
| 11-19.2 (exploitation of a child), | 11 |
| 11-20.1 (child pornography), | 12 |
| 11-20.3 (aggravated child pornography), | 13 |
| 12-13 (criminal sexual assault), | 14 |
| 12-14 (aggravated criminal sexual assault), | 15 |
| 12-14.1 (predatory criminal sexual assault of a
| 16 |
| child), | 17 |
| 12-16 (aggravated criminal sexual abuse), | 18 |
| 12-33 (ritualized abuse of a child). | 19 |
| (5) A person convicted for violation or attempted | 20 |
| violation of any of the following Sections of the Criminal | 21 |
| Code of 1961 who committed his or her offense on or after | 22 |
| January 1, 2009 shall register for a period of his or her | 23 |
| natural life after conviction or adjudication if not | 24 |
| confined to a penal institution, hospital, or other | 25 |
| institution or facility, and if confined, for the period of | 26 |
| his or her natural life after parole, discharge, or release |
|
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LRB095 07991 RLC 47146 a |
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| from any such facility: | 2 |
| 10-5.1 (luring of a minor, for a second or | 3 |
| subsequent conviction), | 4 |
| 11-6 (indecent solicitation of a child), | 5 |
| 11-9.1 (sexual exploitation of a child, for a | 6 |
| second or subsequent offense or if the victim is under | 7 |
| 13 years of age), | 8 |
| 11-9.5 (sexual misconduct with a person with a | 9 |
| disability, if the victim is under 13 years of age), | 10 |
| 11-11 (sexual relations within families, if the | 11 |
| victim is under the age of 18), | 12 |
| 11-15 (soliciting a prostitute, for a second or | 13 |
| subsequent offense and the victim is under the age of | 14 |
| 18), | 15 |
| 11-15.1 (soliciting a juvenile prostitute), | 16 |
| 11-16 (pandering, if the victim is under the age of | 17 |
| 18), | 18 |
| 11-17.1 (keeping a place of juvenile | 19 |
| prostitution), | 20 |
| 11-18 (patronizing a prostitute, if the victim is | 21 |
| under the age of 18 and the conviction is a felony), | 22 |
| 11-18.1 (patronizing a juvenile prostitute), | 23 |
| 11-19 (pimping, if the victim is under the age of | 24 |
| 18 and the conviction is a felony), | 25 |
| 11-19.1 (juvenile pimping), | 26 |
| 11-19.2 (exploitation of a child), |
|
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LRB095 07991 RLC 47146 a |
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| 11-20.1 (child pornography), | 2 |
| 11-20.3 (aggravated child pornography), | 3 |
| 12-13 (criminal sexual assault), | 4 |
| 12-14 (aggravated criminal sexual assault), | 5 |
| 12-14.1 (predatory criminal sexual assault of a | 6 |
| child), | 7 |
| 12-15(a)(1) (criminal sexual abuse), | 8 |
| 12-15(a)(2) (criminal sexual abuse), | 9 |
| 12-16 (aggravated criminal sexual abuse), | 10 |
| 12-33 (ritualized abuse of a child), | 11 |
| 26-4 (unauthorized video recording and live video | 12 |
| transmission, if the victim is under the age of 18). | 13 |
| (6) A person convicted for violation or attempted | 14 |
| violation of any of the following Sections of the Criminal | 15 |
| Code of 1961 who committed his or her offense on or after | 16 |
| January 1, 2009 and the offense was sexually motivated as | 17 |
| defined in Section 10 of the Sex Offender Management Board | 18 |
| Act shall register for a period of his or her natural life | 19 |
| after conviction or adjudication if not confined to a penal | 20 |
| institution, hospital, or other institution or facility, | 21 |
| and if confined, for the period of his or her natural life | 22 |
| after parole, discharge, or release from any such facility: | 23 |
| 9-1 (first degree murder, if the victim is under | 24 |
| the age of 18, the accused is over the age of 16, and | 25 |
| the offense was sexually motivated as defined in | 26 |
| Section 10 of the Sex Offender Management Board Act), |
|
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| 10-1 (kidnapping, if the victim is under the age of | 2 |
| 18 and the accused is not a parent of the victim), | 3 |
| 10-2 (aggravated kidnapping, if the victim is | 4 |
| under the age of 18 and the accused is not a parent of | 5 |
| the victim), | 6 |
| 10-5 (child abduction, if committed by luring or | 7 |
| attempting to lure a child under the age of 16 into a | 8 |
| motor vehicle, building, house trailer, or dwelling | 9 |
| place without the consent of the parent or lawful | 10 |
| custodian of the child for other than a lawful | 11 |
| purpose). | 12 |
| (b) Fifteen-year registration period. | 13 |
| (1) A person convicted for violation or attempted | 14 |
| violation of any of the following Sections of the Criminal | 15 |
| Code of 1961 who committed his or her offense on or after | 16 |
| January 1, 2009 shall register for a period of 15 years | 17 |
| after conviction or adjudication if not confined to a penal | 18 |
| institution, hospital, or other institution or facility, | 19 |
| and if confined, for the period of his or her natural life | 20 |
| after parole, discharge, or release from any such facility: | 21 |
| 10-4 (forcible detention, if the victim is under 18 | 22 |
| years of age), | 23 |
| 11-6.5 (indecent solicitation of an adult), | 24 |
| 11-9 (public indecency for a third or subsequent | 25 |
| conviction), | 26 |
| 11-9.1 (sexual exploitation of a child, for a first |
|
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| offense if the victim is over the age of 12), | 2 |
| 11-9.5 (sexual misconduct with a person with a | 3 |
| disability, if the victim is over the age of 12), | 4 |
| 11-9.2 (custodial sexual misconduct), | 5 |
| 11-11 (sexual relations within families, if the | 6 |
| victim is over the age of 18), | 7 |
| 11-15 (soliciting a prostitute, if the victim is | 8 |
| under the age of 18 and the offense is a misdemeanor), | 9 |
| 11-18 (patronizing a prostitute, if the victim is | 10 |
| under the age of 18 and the offense is a misdemeanor), | 11 |
| 11-19 (pimping, if the victim is under the age of | 12 |
| 18 and the offense is a misdemeanor), | 13 |
| 12-15(b) (criminal sexual abuse), | 14 |
| 12-15(c) (criminal sexual abuse). | 15 |
| (2) A person convicted for violation or attempted | 16 |
| violation of any of the following Sections of the Criminal | 17 |
| Code of 1961 who committed his or her sex offense on or | 18 |
| after January 1, 2009 and the offense was sexually | 19 |
| motivated as defined in Section 10 of the Sex Offender | 20 |
| Management Board Act shall register for a period of 15 | 21 |
| years after conviction or adjudication if not confined to a | 22 |
| penal institution, hospital, or other institution or | 23 |
| facility, and if confined, for the period of his or her | 24 |
| natural life after parole, discharge, or release from any | 25 |
| such facility: | 26 |
| 10-3 (unlawful restraint, if the victim is under |
|
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LRB095 07991 RLC 47146 a |
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| the age of 18 and the accused is not a parent of the | 2 |
| victim), | 3 |
| 10-3.1 (aggravated unlawful restraint, if the | 4 |
| victim is under 18 years of age and the accused is not | 5 |
| a parent of the victim). | 6 |
| (3) A person convicted for violation or attempted | 7 |
| violation of Section 5.1 (permitting sexual abuse of a | 8 |
| child) of the Wrongs to Children Act who committed his or | 9 |
| her sex offense on or after January 1, 2009 shall be for 15 | 10 |
| years after conviction or adjudication if not confined to a | 11 |
| penal institution, hospital, or other institution or | 12 |
| facility, and if confined, for the period of his or her | 13 |
| natural life after parole, discharge, or release from any | 14 |
| such facility. | 15 |
| (c) Ten-year registration period. Any other person who is | 16 |
| required to register
under this Article who committed his or | 17 |
| her sex offense prior to January 1, 2009 shall be required to | 18 |
| register for a period of 10 years after
conviction or | 19 |
| adjudication if not confined to a penal institution, hospital
| 20 |
| or any other
institution or facility, and if confined, for a | 21 |
| period of 10 years after
parole, discharge or release from any | 22 |
| such facility. | 23 |
| (d) A sex offender who is
allowed to leave a county, State, | 24 |
| or federal facility for the purposes of work
release, | 25 |
| education, or overnight visitations shall be required
to | 26 |
| register within 3 days of beginning such a program. Liability |
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LRB095 07991 RLC 47146 a |
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| for
registration terminates at the expiration of 10 years from | 2 |
| the date of
conviction or adjudication if not confined to a | 3 |
| penal institution, hospital
or any other
institution or | 4 |
| facility and if confined, at the expiration of 10 years from | 5 |
| the
date of parole, discharge or release from any such | 6 |
| facility, providing such
person does not, during that period, | 7 |
| again
become
liable
to register under the provisions of this | 8 |
| Article.
Reconfinement due to a violation of parole or other | 9 |
| circumstances that relates to the original conviction or | 10 |
| adjudication shall extend the period of registration to 10 | 11 |
| years after final parole, discharge, or release. Reconfinement | 12 |
| due to a violation of parole or other circumstances that do not | 13 |
| relate to the original conviction or adjudication shall toll | 14 |
| the running of the balance of the 10-year period of | 15 |
| registration, which shall not commence running until after | 16 |
| final parole, discharge, or release. The Director of State | 17 |
| Police, consistent with administrative rules, shall
extend for | 18 |
| 10 years the registration period of any sex offender, as | 19 |
| defined
in Section 2 of this Act, who fails to
comply with the | 20 |
| provisions of this Article. The registration period for any sex | 21 |
| offender who fails to comply with any provision of the Act | 22 |
| shall extend the period of registration by 10 years beginning | 23 |
| from the first date of registration after the violation.
If the | 24 |
| registration period is extended, the Department of State Police | 25 |
| shall send a registered letter to the law enforcement agency | 26 |
| where the sex offender resides within 3 days after the |
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| extension of the registration period. The sex offender shall | 2 |
| report to that law enforcement agency and sign for that letter. | 3 |
| One copy of that letter shall be kept on file with the law | 4 |
| enforcement agency of the jurisdiction where the sex offender | 5 |
| resides and one copy shall be returned to the Department of | 6 |
| State Police.
| 7 |
| (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-169, | 8 |
| eff. 8-14-07; 95-331, eff. 8-21-07; 95-513, eff. 6-1-08; | 9 |
| 95-640, eff. 6-1-08; revised 11-19-07.)
| 10 |
| (730 ILCS 150/8-5)
| 11 |
| (Text of Section after amendment by P.A. 95-579 )
| 12 |
| Sec. 8-5. Verification requirements. | 13 |
| (a) Address verification. The agency having
jurisdiction
| 14 |
| shall verify the
residential, employment, and school addresses | 15 |
| address of sex offenders, as defined in Section 2 of this Act, | 16 |
| or sexual
predators required to register with their
agency at | 17 |
| least once per year. The verification must be documented in
| 18 |
| LEADS in the form and manner required by the Department of | 19 |
| State Police. Verification may occur in any manner chosen by | 20 |
| the law enforcement agency including but not limited to an | 21 |
| annual mailing, viewing pay stubs, public utility bills, school | 22 |
| report cards, etc. | 23 |
| (a-5) Internet Protocol address verification. The agency | 24 |
| having jurisdiction may verify the Internet protocol (IP) | 25 |
| address of sex offenders, as defined in Section 2 of this Act, |
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LRB095 07991 RLC 47146 a |
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| who are required to register with their agency under Section 3 | 2 |
| of this Act. A copy of any such verification must be sent to | 3 |
| the Attorney General for entrance in the Illinois Cyber-crimes | 4 |
| Location Database pursuant to Section 5-4-3.2 of the Unified | 5 |
| Code of Corrections.
| 6 |
| (b) Registration verification. The supervising officer | 7 |
| shall, within 15 days of sentencing to probation or release | 8 |
| from an Illinois Department of Corrections facility, contact | 9 |
| the law enforcement agency in the jurisdiction in which the sex | 10 |
| offender or sexual predator designated as his or her intended | 11 |
| residence and verify compliance with the requirements of this | 12 |
| Act. Revocation proceedings shall be immediately commenced | 13 |
| against a sex offender or sexual predator on probation, parole, | 14 |
| or mandatory supervised release who fails to comply with the | 15 |
| requirements of this Act.
| 16 |
| (c) In an effort to ensure that sexual predators and sex | 17 |
| offenders who fail to respond to address-verification attempts | 18 |
| or who otherwise abscond from registration are located in a | 19 |
| timely manner, the Department of State Police shall share | 20 |
| information with local law enforcement agencies. The | 21 |
| Department shall use analytical resources to assist local law | 22 |
| enforcement agencies to determine the potential whereabouts of | 23 |
| any sexual predator or sex offender who fails to respond to | 24 |
| address-verification
attempts or who otherwise absconds from | 25 |
| registration. The Department shall review and analyze all | 26 |
| available information concerning any such predator or offender |
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| 1 |
| who fails to respond to address-verification attempts or who | 2 |
| otherwise absconds from registration and provide the | 3 |
| information to local law enforcement agencies in order to | 4 |
| assist the agencies in locating and apprehending the sexual | 5 |
| predator or sex offender.
| 6 |
| (Source: P.A. 94-988, eff. 1-1-07; 95-579, eff. 6-1-08.)
| 7 |
| Section 99. Effective date. This Act takes effect January | 8 |
| 1, 2009.".
|
|