Full Text of SB1702 96th General Assembly
SB1702eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning sex offenders.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Sex Offender Registration Act is amended by | 5 |
| changing Sections 2, 3, and 6 as follows:
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| (730 ILCS 150/2) (from Ch. 38, par. 222)
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| Sec. 2. Definitions.
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| (A) As used in this Article, "sex offender" means any | 9 |
| person who is:
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| (1) charged pursuant to Illinois law, or any | 11 |
| substantially similar
federal, Uniform Code of Military | 12 |
| Justice, sister state, or foreign country
law,
with a sex | 13 |
| offense set forth
in subsection (B) of this Section or the | 14 |
| attempt to commit an included sex
offense, and:
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| (a) is convicted of such offense or an attempt to | 16 |
| commit such offense;
or
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| (b) is found not guilty by reason of insanity of | 18 |
| such offense or an
attempt to commit such offense; or
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| (c) is found not guilty by reason of insanity | 20 |
| pursuant to Section
104-25(c) of the Code of Criminal | 21 |
| Procedure of 1963 of such offense or an
attempt to | 22 |
| commit such offense; or
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| (d) is the subject of a finding not resulting in an |
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| acquittal at a
hearing conducted pursuant to Section | 2 |
| 104-25(a) of the Code of Criminal
Procedure of 1963 for | 3 |
| the alleged commission or attempted commission of such
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| offense; or
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| (e) is found not guilty by reason of insanity | 6 |
| following a hearing
conducted pursuant to a federal, | 7 |
| Uniform Code of Military Justice, sister
state, or | 8 |
| foreign country law
substantially similar to Section | 9 |
| 104-25(c) of the Code of Criminal Procedure
of 1963 of | 10 |
| such offense or of the attempted commission of such | 11 |
| offense; or
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| (f) is the subject of a finding not resulting in an | 13 |
| acquittal at a
hearing conducted pursuant to a federal, | 14 |
| Uniform Code of Military Justice,
sister state, or | 15 |
| foreign country law
substantially similar to Section | 16 |
| 104-25(a) of the Code of Criminal Procedure
of 1963 for | 17 |
| the alleged violation or attempted commission of such | 18 |
| offense;
or
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| (2) certified as a sexually dangerous person pursuant | 20 |
| to the Illinois
Sexually Dangerous Persons Act, or any | 21 |
| substantially similar federal, Uniform
Code of Military | 22 |
| Justice, sister
state, or foreign country law; or
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| (3) subject to the provisions of Section 2 of the | 24 |
| Interstate
Agreements on Sexually Dangerous Persons Act; | 25 |
| or
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| (4) found to be a sexually violent person pursuant to |
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| the Sexually
Violent Persons Commitment Act or any | 2 |
| substantially similar federal, Uniform
Code of Military | 3 |
| Justice, sister
state, or foreign country law; or
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| (5) adjudicated a juvenile delinquent as the result of | 5 |
| committing or
attempting to commit an act which, if | 6 |
| committed by an adult, would constitute
any of the offenses | 7 |
| specified in item (B), (C), or (C-5) of this Section or a
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| violation of any substantially similar federal, Uniform | 9 |
| Code of Military
Justice, sister state, or foreign
country | 10 |
| law, or found guilty under Article V of the Juvenile Court | 11 |
| Act of 1987
of committing or attempting to commit an act | 12 |
| which, if committed by an adult,
would constitute any of | 13 |
| the offenses specified in item (B), (C), or (C-5) of
this | 14 |
| Section or a violation of any substantially similar | 15 |
| federal, Uniform Code
of Military Justice, sister state,
or | 16 |
| foreign country law.
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| Convictions that result from or are connected with the same | 18 |
| act, or result
from offenses committed at the same time, shall | 19 |
| be counted for the purpose of
this Article as one conviction. | 20 |
| Any conviction set aside pursuant to law is
not a conviction | 21 |
| for purposes of this Article.
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For purposes of this Section, "convicted" shall have the | 23 |
| 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 | 26 |
| Criminal Code of
1961:
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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 | 7 |
| 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 | 11 |
| 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 | 17 |
| 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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| An attempt to commit any of these offenses.
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| (1.5)
A violation of any of the following Sections of | 23 |
| the
Criminal Code of 1961, when the victim is a person | 24 |
| under 18 years of age, the
defendant is not a parent of the | 25 |
| victim, the offense was sexually motivated as defined in | 26 |
| Section 10 of the Sex Offender Management Board Act, and |
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| 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 | 7 |
| Criminal Code of 1961,
when the victim was a person under | 8 |
| 18 years of age and the defendant was at least
17 years of | 9 |
| age at the time of the commission of the offense, provided | 10 |
| the offense was sexually motivated as defined in Section 10 | 11 |
| 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 | 14 |
| 11-11 (sexual
relations within families) of the Criminal | 15 |
| 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 | 18 |
| subsection
(b) of Section 10-5 of the Criminal Code of 1961 | 19 |
| committed by luring or
attempting to lure a child under the | 20 |
| age of 16 into a motor vehicle, building,
house trailer, or | 21 |
| 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 | 23 |
| the offense was
committed on or after January 1, 1998, | 24 |
| provided the offense was sexually motivated as defined in | 25 |
| Section 10 of the Sex Offender Management Board Act.
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| (1.10) A violation or attempted violation of any of the |
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| following Sections
of the Criminal Code of 1961 when the | 2 |
| offense was committed on or after July
1, 1999:
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| 10-4 (forcible detention, if the victim is under 18 | 4 |
| years of age), provided the offense was sexually | 5 |
| motivated as defined in Section 10 of the Sex Offender | 6 |
| 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 | 9 |
| is under 18 years
of age),
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| 11-16 (pandering, if the victim is under 18 years | 11 |
| of age),
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| 11-18 (patronizing a prostitute, if the victim is | 13 |
| under 18 years
of age),
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| 11-19 (pimping, if the victim is under 18 years of | 15 |
| age).
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| (1.11) A violation or attempted violation of any of the | 17 |
| following
Sections of the Criminal Code of 1961 when the | 18 |
| offense was committed on or
after August 22, 2002:
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| 11-9 (public indecency for a third or subsequent | 20 |
| 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) | 23 |
| 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 | 25 |
| substantially equivalent
to any offense listed in | 26 |
| subsection (B) of this Section.
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| (C) A conviction for an offense of federal law, Uniform | 2 |
| Code of Military
Justice, or the law of another state
or a | 3 |
| foreign country that is substantially equivalent to any offense | 4 |
| 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 | 6 |
| finding or adjudication as a sexually dangerous person
or a | 7 |
| sexually violent person under any federal law, Uniform Code of | 8 |
| Military
Justice, or the law of another state or
foreign | 9 |
| country that is substantially equivalent to the Sexually | 10 |
| Dangerous
Persons Act or the Sexually Violent Persons | 11 |
| Commitment Act shall constitute an
adjudication for the | 12 |
| purposes of this Article.
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| (C-5) A person at least 17 years of age at the time of the | 14 |
| commission of
the offense who is convicted of first degree | 15 |
| murder under Section 9-1 of the
Criminal Code of 1961, against | 16 |
| 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, | 18 |
| Uniform Code of Military Justice,
sister state, or foreign | 19 |
| country law that is substantially equivalent to any
offense | 20 |
| listed in subsection (C-5) of this Section shall constitute a
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| conviction for the purpose of this Article. This subsection | 22 |
| (C-5) applies to a person who committed the offense before June | 23 |
| 1, 1996 only if the person is incarcerated in an Illinois | 24 |
| Department of Corrections facility on August 20, 2004 (the | 25 |
| effective date of Public Act 93-977).
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| (D) As used in this Article, "law enforcement agency having |
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| jurisdiction"
means Chicago Police Department Headquarters if | 2 |
| the sex offender expects to reside, work, or attend school in | 3 |
| the City of Chicago the Chief of Police in each of the | 4 |
| municipalities in which the sex offender
expects to reside, | 5 |
| work, or attend school (1) upon his or her discharge,
parole or | 6 |
| release or
(2) during the service of his or her sentence of | 7 |
| probation or conditional
discharge, or the Sheriff of the | 8 |
| county if the sex offender intends to reside, work, or attend | 9 |
| school outside of the City of Chicago , in the event no Police | 10 |
| Chief exists
or if the offender intends to reside, work, or | 11 |
| attend school in an
unincorporated area .
"Law enforcement | 12 |
| agency having jurisdiction" includes the location where
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| out-of-state students attend school and where out-of-state | 14 |
| employees are
employed or are otherwise required to register.
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| (D-1) As used in this Article, "supervising officer" means | 16 |
| the assigned Illinois Department of Corrections parole agent or | 17 |
| county probation officer. | 18 |
| (E) As used in this Article, "sexual predator" means any | 19 |
| person who,
after July 1, 1999, is:
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| (1) Convicted for an offense of federal, Uniform Code | 21 |
| of Military
Justice, sister state, or foreign country law | 22 |
| that is substantially equivalent
to any offense listed in | 23 |
| subsection (E) of this Section shall constitute a
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| conviction for the purpose of this Article.
Convicted of a | 25 |
| violation or attempted violation of any of the following
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| Sections of the
Criminal Code of 1961, if the conviction |
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| occurred after July
1, 1999:
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| 11-17.1 (keeping a place of juvenile | 3 |
| 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 | 11 |
| child),
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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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| (2) (blank);
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| (3) certified as a sexually dangerous person pursuant | 16 |
| to the Sexually
Dangerous Persons Act or any substantially | 17 |
| similar federal, Uniform Code of
Military Justice, sister | 18 |
| state, or
foreign country law;
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| (4) found to be a sexually violent person pursuant to | 20 |
| the Sexually Violent
Persons Commitment Act or any | 21 |
| substantially similar federal, Uniform Code of
Military | 22 |
| Justice, sister state, or
foreign country law;
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| (5) convicted of a second or subsequent offense which | 24 |
| requires
registration pursuant to this Act. The conviction | 25 |
| for the second or subsequent
offense must have occurred | 26 |
| after July 1, 1999. For purposes of this paragraph
(5), |
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| "convicted" shall include a conviction under any
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| substantially similar
Illinois, federal, Uniform Code of | 3 |
| Military Justice, sister state, or
foreign country law; or
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| (6) convicted of a second or subsequent offense of | 5 |
| luring a minor under Section 10-5.1 of the Criminal Code of | 6 |
| 1961. | 7 |
| (F) As used in this Article, "out-of-state student" means | 8 |
| any sex
offender, as defined in this Section,
or sexual | 9 |
| predator who is enrolled in Illinois, on a full-time or | 10 |
| part-time
basis, in any public or private educational | 11 |
| institution, including, but not
limited to, any secondary | 12 |
| school, trade or professional institution, or
institution of | 13 |
| higher learning.
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| (G) As used in this Article, "out-of-state employee" means | 15 |
| any sex
offender, as defined in this Section,
or sexual | 16 |
| predator who works in Illinois, regardless of whether the | 17 |
| individual
receives payment for services performed, for a | 18 |
| period of time of 10 or more days
or for an aggregate period of | 19 |
| time of 30 or more days
during any calendar year.
Persons who | 20 |
| operate motor vehicles in the State accrue one day of | 21 |
| 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 | 23 |
| private educational institution, including, but not limited | 24 |
| to, any elementary or secondary school, trade or professional | 25 |
| institution, or institution of higher education. | 26 |
| (I) As used in this Article, "fixed residence" means any |
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| and all places that a sex offender resides for an aggregate | 2 |
| 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" | 4 |
| means the string of numbers by which a location on the Internet | 5 |
| is identified by routers or other computers connected to the | 6 |
| Internet. | 7 |
| (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-945, | 8 |
| eff. 6-27-06; 94-1053, eff. 7-24-06; 95-331, eff. 8-21-07; | 9 |
| 95-579, eff. 6-1-08; 95-625, eff. 6-1-08; 95-658, eff. | 10 |
| 10-11-07; 95-876, eff. 8-21-08.)
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| (730 ILCS 150/3)
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| Sec. 3. Duty to register.
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| (a) A sex offender, as defined in Section 2 of this Act, or | 14 |
| sexual
predator shall, within the time period
prescribed in | 15 |
| subsections (b) and (c), register in person
and provide | 16 |
| accurate information as required by the Department of State
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| Police. Such information shall include a current photograph,
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| current address,
current place of employment, the employer's | 19 |
| telephone number, school attended, all e-mail addresses, | 20 |
| instant messaging identities, chat room identities, and other | 21 |
| Internet communications identities that the sex offender uses | 22 |
| or plans to use, all Uniform Resource Locators (URLs) | 23 |
| registered or used by the sex offender, all blogs and other | 24 |
| Internet sites maintained by the sex offender or to which the | 25 |
| sex offender has uploaded any content or posted any messages or |
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| information, extensions of the time period for registering as | 2 |
| provided in this Article and, if an extension was granted, the | 3 |
| reason why the extension was granted and the date the sex | 4 |
| offender was notified of the extension. The information shall | 5 |
| also include the county of conviction, license plate numbers | 6 |
| for every vehicle registered in the name of the sex offender, | 7 |
| the age of the sex offender at the time of the commission of | 8 |
| the offense, the age of the victim at the time of the | 9 |
| commission of the offense, and any distinguishing marks located | 10 |
| on the body of the sex offender. A sex offender convicted under | 11 |
| Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code | 12 |
| of 1961 shall provide all Internet protocol (IP) addresses in | 13 |
| his or her residence, registered in his or her name, accessible | 14 |
| at his or her place of employment, or otherwise under his or | 15 |
| her control or custody. The sex offender or
sexual predator | 16 |
| shall register:
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| (1) with the chief of police in the municipality in | 18 |
| which he or she
resides or is temporarily domiciled for a | 19 |
| period of time of 5 or more
days, unless the
municipality | 20 |
| is the City of Chicago, in which case he or she shall | 21 |
| register
at the Chicago Police Department Headquarters if | 22 |
| he or she resides or is temporarily domiciled in the City | 23 |
| of Chicago ; or
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| (2) with the sheriff in the county in which
he or she | 25 |
| resides or is
temporarily domiciled
for a period of time of | 26 |
| 5 or more days if he or she resides or is temporarily |
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| domiciled outside the City of Chicago in an unincorporated
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| area or, if incorporated, no police chief exists .
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| If the sex offender or sexual predator is employed at or | 4 |
| attends an institution of higher education, he or she shall | 5 |
| register:
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| (i) with the chief of police in the municipality in | 7 |
| which he or she is employed at or attends an institution of | 8 |
| higher education, unless the municipality is the City of | 9 |
| Chicago, in which case he or she shall register at the | 10 |
| Chicago Police Department Headquarters if he or she is | 11 |
| employed at or attends an institution of higher education | 12 |
| in the City of Chicago ; or | 13 |
| (ii) with the sheriff in the county in which he or she | 14 |
| is employed or attends an institution of higher education | 15 |
| if he or she is employed at or attends an institution of | 16 |
| higher education outside the City of Chicago located in an | 17 |
| unincorporated area, or if incorporated, no police chief | 18 |
| exists .
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| For purposes of this Article, the place of residence or | 20 |
| temporary
domicile is defined as any and all places where the | 21 |
| sex offender resides
for an aggregate period of time of 5 or | 22 |
| more days during any calendar year.
Any person required to | 23 |
| register under this Article who lacks a fixed address or | 24 |
| temporary domicile must notify, in person, the agency of | 25 |
| jurisdiction of his or her last known address within 3 days | 26 |
| after ceasing to have a fixed residence.
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| Any person who lacks a fixed residence must report weekly, | 2 |
| in person, with the sheriff's office of the county in which he | 3 |
| or she is located unless he or she is located in the City of | 4 |
| Chicago, in which case he or she shall register at the Chicago | 5 |
| Police Department Headquarters in an unincorporated area, or | 6 |
| with the chief of police in the municipality in which he or she | 7 |
| is located . The agency of jurisdiction will document each | 8 |
| weekly registration to include all the locations where the | 9 |
| person has stayed during the past 7 days.
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| The sex offender or sexual predator shall provide accurate | 11 |
| information
as required by the Department of State Police. That | 12 |
| information shall include
the sex offender's or sexual | 13 |
| predator's current place of employment.
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| (a-5) An out-of-state student or out-of-state employee | 15 |
| shall,
within 3 days after beginning school or employment in | 16 |
| this State,
register in person and provide accurate information | 17 |
| as required by the
Department of State Police. Such information | 18 |
| will include current place of
employment, school attended, and | 19 |
| address in state of residence. A sex offender convicted under | 20 |
| Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code | 21 |
| of 1961 shall provide all Internet protocol (IP) addresses in | 22 |
| his or her residence, registered in his or her name, accessible | 23 |
| at his or her place of employment, or otherwise under his or | 24 |
| her control or custody. The out-of-state student or | 25 |
| out-of-state employee shall register:
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| (1) with the sheriff in the county chief of police in |
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| the municipality in which he or she attends school or is | 2 |
| employed for a period of time of 5
or more days or for an
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| aggregate period of time of more than 30 days during any
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| calendar year, unless he or she attends school or is | 5 |
| employed for a period of time of 5
or more days or for an
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| aggregate period of time of more than 30 days during any
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| calendar year in the
municipality is the City of Chicago, | 8 |
| in which case he or she shall register at
the Chicago | 9 |
| Police Department Headquarters; or
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| (2) (blank) with the sheriff in the county in which
he | 11 |
| or she attends school or is
employed for a period of time | 12 |
| of 5 or more days or
for an aggregate period of
time of | 13 |
| more than 30 days during any calendar year in an
| 14 |
| unincorporated area
or, if incorporated, no police chief | 15 |
| exists .
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| The out-of-state student or out-of-state employee shall | 17 |
| provide accurate
information as required by the Department of | 18 |
| State Police. That information
shall include the out-of-state | 19 |
| student's current place of school attendance or
the | 20 |
| out-of-state employee's current place of employment.
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| (a-10) Any law enforcement agency registering sex | 22 |
| offenders or sexual predators in accordance with subsections | 23 |
| (a) or (a-5) of this Section shall forward to the Attorney | 24 |
| General a copy of sex offender registration forms from persons | 25 |
| convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the | 26 |
| Criminal Code of 1961, including periodic and annual |
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| registrations under Section 6 of this Act. | 2 |
| (b) Any sex offender, as defined in Section 2 of this Act, | 3 |
| or sexual
predator, regardless of any initial,
prior, or other | 4 |
| registration, shall, within 3 days of beginning school,
or | 5 |
| establishing a
residence, place of employment, or temporary | 6 |
| domicile in
any county, register in person as set forth in | 7 |
| subsection (a)
or (a-5).
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| (c) The registration for any person required to register | 9 |
| under this
Article shall be as follows:
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| (1) Any person registered under the Habitual Child Sex | 11 |
| Offender
Registration Act or the Child Sex Offender | 12 |
| Registration Act prior to January
1, 1996, shall be deemed | 13 |
| initially registered as of January 1, 1996; however,
this | 14 |
| shall not be construed to extend the duration of | 15 |
| registration set forth
in Section 7.
| 16 |
| (2) Except as provided in subsection (c)(4), any person | 17 |
| convicted or
adjudicated prior to January 1, 1996, whose | 18 |
| liability for registration under
Section 7 has not expired, | 19 |
| shall register in person prior to January 31,
1996.
| 20 |
| (2.5) Except as provided in subsection (c)(4), any | 21 |
| person who has not
been notified of his or her | 22 |
| responsibility to register shall be notified by a
criminal | 23 |
| justice entity of his or her responsibility to register. | 24 |
| Upon
notification the person must then register within 3 | 25 |
| days of notification of
his or her requirement to register. | 26 |
| If notification is not made within the
offender's 10 year |
|
|
|
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LRB096 07601 RLC 17697 b |
|
| 1 |
| registration requirement, and the Department of State
| 2 |
| Police determines no evidence exists or indicates the | 3 |
| offender attempted to
avoid registration, the offender | 4 |
| will no longer be required to register under
this Act.
| 5 |
| (3) Except as provided in subsection (c)(4), any person | 6 |
| convicted on
or after January 1, 1996, shall register in | 7 |
| person within 3 days after the
entry of the sentencing | 8 |
| order based upon his or her conviction.
| 9 |
| (4) Any person unable to comply with the registration | 10 |
| requirements of
this Article because he or she is confined, | 11 |
| institutionalized,
or imprisoned in Illinois on or after | 12 |
| January 1, 1996, shall register in person
within 3 days of | 13 |
| discharge, parole or release.
| 14 |
| (5) The person shall provide positive identification | 15 |
| and documentation
that substantiates proof of residence at | 16 |
| the registering address.
| 17 |
| (6) The person shall pay a $20
initial registration fee | 18 |
| and
a $10
annual
renewal fee. The fees shall be used by the | 19 |
| registering agency for official
purposes. The agency shall | 20 |
| establish procedures to document receipt and use
of the | 21 |
| funds.
The law enforcement agency having jurisdiction may | 22 |
| waive the registration fee
if it determines that the person | 23 |
| is indigent and unable to pay the registration
fee.
Ten | 24 |
| dollars for the initial registration fee and $5 of the | 25 |
| annual renewal fee
shall be used by the registering agency | 26 |
| for official purposes. Ten dollars of
the initial |
|
|
|
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LRB096 07601 RLC 17697 b |
|
| 1 |
| registration fee and $5 of the annual fee shall be | 2 |
| deposited into
the Sex Offender Management Board Fund under | 3 |
| Section 19 of the Sex Offender
Management Board Act. Money | 4 |
| deposited into the Sex Offender Management Board
Fund shall | 5 |
| be administered by the Sex Offender Management Board and | 6 |
| shall be
used to
fund practices endorsed or required by the | 7 |
| Sex Offender Management Board Act
including but not limited | 8 |
| to sex offenders evaluation, treatment, or
monitoring | 9 |
| programs that are or may be developed, as well as for
| 10 |
| administrative costs, including staff, incurred by the | 11 |
| Board.
| 12 |
| (d) Within 3 days after obtaining or changing employment | 13 |
| and, if employed
on January 1, 2000, within 5 days after that | 14 |
| date, a person required to
register under this Section must | 15 |
| report, in person to the law
enforcement agency having | 16 |
| jurisdiction, the business name and address where he
or she is | 17 |
| employed. If the person has multiple businesses or work | 18 |
| locations,
every business and work location must be reported to | 19 |
| the law enforcement agency
having jurisdiction.
| 20 |
| (e) Within 60 days after the effective date of this | 21 |
| amendatory Act of the 96th General Assembly, each municipal | 22 |
| police department, other than the Chicago Police Department, | 23 |
| that maintains sex offender registration information required | 24 |
| to be submitted by a sex offender under this Act shall transfer | 25 |
| that information in a manner prescribed by the Director of | 26 |
| State Police to the office of the sheriff of the county in |
|
|
|
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LRB096 07601 RLC 17697 b |
|
| 1 |
| which that police department is located. | 2 |
| (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-994, | 3 |
| eff. 1-1-07; 95-229, eff. 8-16-07; 95-579, eff. 6-1-08; 95-640, | 4 |
| eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. 8-21-08.)
| 5 |
| (730 ILCS 150/6) (from Ch. 38, par. 226)
| 6 |
| Sec. 6. Duty to report; change of address, school, or | 7 |
| employment; duty
to inform.
A person who has been adjudicated | 8 |
| to be sexually dangerous or is a sexually
violent person and is | 9 |
| later released, or found to be no longer sexually
dangerous or | 10 |
| no longer a sexually violent person and discharged, or | 11 |
| convicted of a violation of this Act after July 1, 2005, shall | 12 |
| report in
person to the law enforcement agency with whom he or | 13 |
| she last registered no
later than 90 days after the date of his | 14 |
| or her last registration and every 90
days thereafter and at | 15 |
| such other times at the request of the law enforcement agency | 16 |
| not to exceed 4 times a year. If the law enforcement agency | 17 |
| with whom he or she last registered is a police department | 18 |
| located outside the City of Chicago, he or she shall report in | 19 |
| person to the county sheriff of the county in which that police | 20 |
| department is located. Such sexually dangerous or sexually
| 21 |
| violent person must report all new or changed e-mail addresses, | 22 |
| all new or changed instant messaging identities, all new or | 23 |
| changed chat room identities, and all other new or changed | 24 |
| Internet communications identities that the sexually dangerous | 25 |
| or sexually
violent person uses or plans to use, all new or |
|
|
|
SB1702 Engrossed |
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LRB096 07601 RLC 17697 b |
|
| 1 |
| changed Uniform Resource Locators (URLs) registered or used by | 2 |
| the sexually dangerous or sexually
violent person, and all new | 3 |
| or changed blogs and other Internet sites maintained by the | 4 |
| sexually dangerous or sexually
violent person or to which the | 5 |
| sexually dangerous or sexually
violent person has uploaded any | 6 |
| content or posted any messages or information. Any person who | 7 |
| lacks a fixed residence must report weekly, in person, to the | 8 |
| appropriate law enforcement agency where the sex offender is | 9 |
| located. Any other person who is required to register under | 10 |
| this
Article shall report in person to the appropriate law | 11 |
| enforcement agency with
whom he or she last registered within | 12 |
| one year from the date of last
registration and every year | 13 |
| thereafter and at such other times at the request of the law | 14 |
| enforcement agency not to exceed 4 times a year. If the law | 15 |
| enforcement agency with whom he or she last registered is a | 16 |
| police department located outside the City of Chicago, he or | 17 |
| she shall report in person to the county sheriff of the county | 18 |
| in which that police department is located. If any person | 19 |
| required to register under this Article lacks a fixed residence | 20 |
| or temporary domicile, he or she must notify, in person, the | 21 |
| agency of jurisdiction of his or her last known address within | 22 |
| 3 days after ceasing to have a fixed residence and if the | 23 |
| offender leaves the last jurisdiction of residence, he or she, | 24 |
| must within 3 days after leaving register in person with the | 25 |
| new agency of jurisdiction. If the law enforcement agency with | 26 |
| whom he or she last registered is a police department located |
|
|
|
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LRB096 07601 RLC 17697 b |
|
| 1 |
| outside the City of Chicago, he or she shall report in person | 2 |
| to the county sheriff of the county in which that police | 3 |
| department is located. If any other person required to register
| 4 |
| under this Article changes his or her residence address, place | 5 |
| of
employment,
or school, he or she shall report in
person to | 6 |
| the law
enforcement agency
with whom he or she last registered | 7 |
| of his or her new address, change in
employment, or school, all | 8 |
| new or changed e-mail addresses, all new or changed instant | 9 |
| messaging identities, all new or changed chat room identities, | 10 |
| and all other new or changed Internet communications identities | 11 |
| that the sex offender uses or plans to use, all new or changed | 12 |
| Uniform Resource Locators (URLs) registered or used by the sex | 13 |
| offender, and all new or changed blogs and other Internet sites | 14 |
| maintained by the sex offender or to which the sex offender has | 15 |
| uploaded any content or posted any messages or information, and | 16 |
| register, in person, with the appropriate law enforcement
| 17 |
| agency within the
time period specified in Section 3. If the | 18 |
| law enforcement agency with whom he or she last registered is a | 19 |
| police department located outside the City of Chicago, he or | 20 |
| she shall report in person to the county sheriff of the county | 21 |
| in which that police department is located. The law enforcement | 22 |
| agency shall, within 3
days of the reporting in person by the | 23 |
| person required to register under this Article, notify the | 24 |
| Department of State Police of the new place of residence, | 25 |
| change in
employment, or school.
| 26 |
| If any person required to register under this Article |
|
|
|
SB1702 Engrossed |
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LRB096 07601 RLC 17697 b |
|
| 1 |
| intends to establish a
residence or employment outside of the | 2 |
| State of Illinois, at least 10 days
before establishing that | 3 |
| residence or employment, he or she shall report in person to | 4 |
| the law enforcement agency with which he or she last registered | 5 |
| of his
or her out-of-state intended residence or employment. If | 6 |
| the law enforcement agency with whom he or she last registered | 7 |
| is a police department located outside the City of Chicago, he | 8 |
| or she shall report in person to the county sheriff of the | 9 |
| county in which that police department is located. The law | 10 |
| enforcement agency with
which such person last registered | 11 |
| shall, within 3 days after the reporting in person of the | 12 |
| person required to register under this Article of an address or
| 13 |
| employment change, notify the Department of State Police. The | 14 |
| Department of
State Police shall forward such information to | 15 |
| the out-of-state law enforcement
agency having jurisdiction in | 16 |
| the form and manner prescribed by the
Department of State | 17 |
| Police.
| 18 |
| (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-229, | 19 |
| eff. 8-16-07; 95-331, eff. 8-21-07; 95-640, eff. 6-1-08; | 20 |
| 95-876, eff. 8-21-08.)
| 21 |
| Section 10. The Sex Offender Community Notification Law is | 22 |
| amended by changing Section 105 as follows:
| 23 |
| (730 ILCS 152/105)
| 24 |
| Sec. 105. Definitions. As used in this Article, the |
|
|
|
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LRB096 07601 RLC 17697 b |
|
| 1 |
| following
definitions apply:
| 2 |
| "Child care facilities" has the meaning set forth in the | 3 |
| Child Care Act of
1969, but does not include licensed foster | 4 |
| homes.
| 5 |
| "Law enforcement agency having jurisdiction"
means the | 6 |
| Chicago Police Department Headquarters if the sex offender | 7 |
| expects to reside, work, or attend school in the City of | 8 |
| Chicago the Chief of Police in the municipality in which the | 9 |
| sex
offender
expects to reside (1) upon his or her discharge, | 10 |
| parole or release or
(2) during the service of his or her | 11 |
| sentence of probation or conditional
discharge, or the Sheriff | 12 |
| of the county if the sex offender intends to reside, work, or | 13 |
| attend school outside of the City of Chicago , in the event no | 14 |
| Police Chief exists or
if the offender intends to reside in an | 15 |
| unincorporated area .
"Law enforcement agency having | 16 |
| jurisdiction" includes the location where
out-of-state | 17 |
| students attend school and where
out-of-state employees are | 18 |
| employed or are otherwise required to register.
| 19 |
| "Sex offender" means any sex offender as defined
in the Sex | 20 |
| Offender Registration Act whose offense or adjudication as a
| 21 |
| sexually dangerous person occurred on or after June 1, 1996, | 22 |
| and whose
victim
was under the age of 18 at the time the | 23 |
| offense was committed but does not
include the offenses set | 24 |
| forth in subsection (b)(1.5) of Section 2 of that Act;
and any | 25 |
| sex offender as defined in the Sex Offender Registration Act | 26 |
| whose
offense or adjudication as a sexually dangerous person |
|
|
|
SB1702 Engrossed |
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LRB096 07601 RLC 17697 b |
|
| 1 |
| occurred on or after
June 1, 1997, and whose victim was 18 | 2 |
| years of age or older at the time the
offense was committed but | 3 |
| does not include the offenses set forth in subsection
(b)(1.5) | 4 |
| of Section 2 of that Act.
| 5 |
| "Sex offender" also means any sex offender as defined in
| 6 |
| the Sex Offender Registration Act whose offense or adjudication | 7 |
| as a sexually
dangerous person occurred before June 1, 1996, | 8 |
| and whose victim was under
the
age of 18 at the time the | 9 |
| offense was committed but does not include the
offenses set | 10 |
| forth in subsection (b)(1.5) of Section 2 of that Act; and any | 11 |
| sex
offender
as defined in the Sex Offender Registration Act | 12 |
| whose offense or adjudication
as a sexually dangerous person | 13 |
| occurred before June 1, 1997, and whose
victim
was 18 years of | 14 |
| age or older at the time the offense was committed but does not
| 15 |
| include the offenses set forth in subsection (b)(1.5) of | 16 |
| Section 2 of that
Act.
| 17 |
| "Juvenile sex offender" means any person who is adjudicated | 18 |
| a juvenile
delinquent as the result of the commission of or | 19 |
| attempt to commit a violation
set
forth in item (B), (C), or | 20 |
| (C-5) of Section 2 of the Sex Offender Registration
Act, or a
| 21 |
| violation of any substantially similar federal, Uniform Code of | 22 |
| Military
Justice, sister state, or foreign
country law, and | 23 |
| whose adjudication occurred on or after the effective date of
| 24 |
| this amendatory Act of the 91st General Assembly.
| 25 |
| (Source: P.A. 91-48, eff. 7-1-99; 92-828, eff. 8-22-02.)
|
|