Full Text of SB3359 97th General Assembly
SB3359sam001 97TH GENERAL ASSEMBLY | Sen. William R. Haine Filed: 3/2/2012
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| 1 | | AMENDMENT TO SENATE BILL 3359
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3359 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Sex Offender Registration Act is amended by | 5 | | changing Sections 2, 3, 6, 7, 8, and 11 and by adding Sections | 6 | | 7-5 and 10.1 as follows:
| 7 | | (730 ILCS 150/2) (from Ch. 38, par. 222)
| 8 | | Sec. 2. Definitions.
| 9 | | (A) As used in this Article, "sex offender" means any | 10 | | person who is:
| 11 | | (1) charged pursuant to Illinois law, or any | 12 | | substantially similar
federal, Uniform Code of Military | 13 | | Justice, sister state, law of another jurisdiction, tribe, | 14 | | territory, District of Columbia, or foreign country
law,
| 15 | | with a sex offense set forth
in subsection (B) of this | 16 | | Section or the attempt to commit an included sex
offense, |
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| 1 | | and:
| 2 | | (a) is convicted of such offense or an attempt to | 3 | | commit such offense , conspiracy to commit the offense, | 4 | | or solicitation to commit the offense ;
or
| 5 | | (b) is found not guilty by reason of insanity of | 6 | | such offense or an
attempt to commit such offense; or
| 7 | | (c) is found not guilty by reason of insanity | 8 | | pursuant to Section
104-25(c) of the Code of Criminal | 9 | | Procedure of 1963 of such offense or an
attempt to | 10 | | commit such offense; or
| 11 | | (d) is the subject of a finding not resulting in an | 12 | | acquittal at a
hearing conducted pursuant to Section | 13 | | 104-25(a) of the Code of Criminal
Procedure of 1963 for | 14 | | the alleged commission or attempted commission of such
| 15 | | offense; or
| 16 | | (e) is found not guilty by reason of insanity | 17 | | following a hearing
conducted pursuant to a federal, | 18 | | Uniform Code of Military Justice, sister
state, or | 19 | | foreign country law
substantially similar to Section | 20 | | 104-25(c) of the Code of Criminal Procedure
of 1963 of | 21 | | such offense or of the attempted commission of such | 22 | | offense; or
| 23 | | (f) is the subject of a finding not resulting in an | 24 | | acquittal at a
hearing conducted pursuant to a federal, | 25 | | Uniform Code of Military Justice,
sister state, or | 26 | | foreign country law
substantially similar to Section |
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| 1 | | 104-25(a) of the Code of Criminal Procedure
of 1963 for | 2 | | the alleged violation or attempted commission of such | 3 | | offense;
or
| 4 | | (g) receives a disposition of court supervision, | 5 | | deferred sentence, deferred adjudication, or a similar | 6 | | disposition for the offense, an attempt to commit the | 7 | | offense, conspiracy to commit the offense, and | 8 | | solicitation to commit the offense; or
| 9 | | (2) certified as a sexually dangerous person pursuant | 10 | | to the Illinois
Sexually Dangerous Persons Act, or any | 11 | | substantially similar federal, Uniform
Code of Military | 12 | | Justice, sister
state, or foreign country law; or
| 13 | | (3) subject to the provisions of Section 2 of the | 14 | | Interstate
Agreements on Sexually Dangerous Persons Act; | 15 | | or
| 16 | | (4) found to be a sexually violent person pursuant to | 17 | | the Sexually
Violent Persons Commitment Act or any | 18 | | substantially similar federal, Uniform
Code of Military | 19 | | Justice, sister
state, or foreign country law; or
| 20 | | (5) adjudicated a juvenile delinquent as the result of | 21 | | committing or
attempting to commit an act which, if | 22 | | committed by an adult, would constitute
any of the offenses | 23 | | specified in item (B), (C), or (C-5) of this Section or a
| 24 | | violation of any substantially similar federal, Uniform | 25 | | Code of Military
Justice, sister state, or foreign
country | 26 | | law, or found guilty under Article V of the Juvenile Court |
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| 1 | | Act of 1987
of committing or attempting to commit an act | 2 | | which, if committed by an adult,
would constitute any of | 3 | | the offenses specified in item (B), (C), or (C-5) of
this | 4 | | Section or a violation of any substantially similar | 5 | | federal, Uniform Code
of Military Justice, sister state,
or | 6 | | foreign country law.
| 7 | | Convictions that result from or are connected with the same | 8 | | act, or result
from offenses committed at the same time, shall | 9 | | be counted for the purpose of
this Article as one conviction. | 10 | | Any conviction set aside pursuant to law is
not a conviction | 11 | | for purposes of this Article.
| 12 | |
For purposes of this Section, "convicted" shall have the | 13 | | same meaning as
"adjudicated".
| 14 | | (B) As used in this Article, "sex offense" means:
| 15 | | (1) A violation , attempted violation of, conspiracy to | 16 | | commit, or solicitation to commit a violation of any of the | 17 | | following Sections of the Criminal Code of
1961:
| 18 | | 10-5.1 (luring a minor) for a second or subsequent | 19 | | conviction,
| 20 | | 11-20.1 (child pornography),
| 21 | | 11-20.1B or 11-20.3 (aggravated child | 22 | | pornography),
| 23 | | 11-6 (indecent solicitation of a child),
| 24 | | 11-9.1 (sexual exploitation of a child),
| 25 | | 11-9.2 (custodial sexual misconduct),
| 26 | | 11-9.5 (sexual misconduct with a person with a |
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| 1 | | disability), | 2 | | 11-14.4 (promoting juvenile prostitution),
| 3 | | 11-15.1 (soliciting for a juvenile prostitute),
| 4 | | 11-18.1 (patronizing a juvenile prostitute),
| 5 | | 11-17.1 (keeping a place of juvenile | 6 | | prostitution),
| 7 | | 11-19.1 (juvenile pimping),
| 8 | | 11-19.2 (exploitation of a child),
| 9 | | 11-25 (grooming), | 10 | | 11-26 (traveling to meet a minor),
| 11 | | 11-1.20 or 12-13 (criminal sexual assault),
| 12 | | 11-1.30 or 12-14 (aggravated criminal sexual | 13 | | assault),
| 14 | | 11-1.40 or 12-14.1 (predatory criminal sexual | 15 | | assault of a child),
| 16 | | 11-1.50 or 12-15 (criminal sexual abuse),
| 17 | | 11-1.60 or 12-16 (aggravated criminal sexual | 18 | | abuse),
| 19 | | 12-33 (ritualized abuse of a child) , .
| 20 | | An attempt to commit any of these offenses.
| 21 | | 26-4 (unauthorized video recording and live video | 22 | | transmission), if the victim is under the age of 18.
| 23 | | (1.5)
A violation of any of the following Sections of | 24 | | the
Criminal Code of 1961, when the victim is a person | 25 | | under 18 years of age, the
defendant is not a parent of the | 26 | | victim, the offense was sexually motivated as defined in |
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| 1 | | Section 10 of the Sex Offender Management Board Act, and | 2 | | the offense was committed on or
after January 1, 1996:
| 3 | | 10-1 (kidnapping),
| 4 | | 10-2 (aggravated kidnapping),
| 5 | | 10-3 (unlawful restraint),
| 6 | | 10-3.1 (aggravated unlawful restraint).
| 7 | | If the offense was committed before January 1, 1996, it | 8 | | is a sex offense requiring registration only when the | 9 | | person is convicted of any felony after July 1, 2011, and | 10 | | paragraph (2.1) of subsection (c) of Section 3 of this Act | 11 | | applies.
| 12 | | (1.6)
First degree murder under Section 9-1 of the | 13 | | Criminal Code of 1961,
provided the offense was sexually | 14 | | motivated as defined in Section 10 of the Sex Offender | 15 | | Management Board Act.
| 16 | | (1.7) (Blank).
| 17 | | (1.8) A violation or attempted violation of Section | 18 | | 11-11 (sexual
relations within families) of the Criminal | 19 | | Code of 1961, and the offense was committed on or after
| 20 | | June 1, 1997. If the offense was committed before June 1, | 21 | | 1997, it is a sex offense requiring registration only when | 22 | | the person is convicted of any felony after July 1, 2011, | 23 | | and paragraph (2.1) of subsection (c) of Section 3 of this | 24 | | Act applies.
| 25 | | (1.9) Child abduction under paragraph (10) of | 26 | | subsection
(b) of Section 10-5 of the Criminal Code of 1961 |
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| 1 | | committed by luring or
attempting to lure a child under the | 2 | | age of 16 into a motor vehicle, building,
house trailer, or | 3 | | dwelling place without the consent of the parent or lawful
| 4 | | custodian of the child for other than a lawful purpose and | 5 | | the offense was
committed on or after January 1, 1998 , | 6 | | provided the offense was sexually motivated as defined in | 7 | | Section 10 of the Sex Offender Management Board Act . If the | 8 | | offense was committed before January 1, 1998, it is a sex | 9 | | offense requiring registration only when the person is | 10 | | convicted of any felony after July 1, 2011, and paragraph | 11 | | (2.1) of subsection (c) of Section 3 of this Act applies.
| 12 | | (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:
| 15 | | 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,
| 19 | | 11-6.5 (indecent solicitation of an adult),
| 20 | | 11-14.3 that involves soliciting for a prostitute, | 21 | | or 11-15 (soliciting for a prostitute, if the victim is | 22 | | under 18 years
of age),
| 23 | | subdivision (a)(2)(A) or (a)(2)(B) of Section | 24 | | 11-14.3, or Section 11-16 (pandering, if the victim is | 25 | | under 18 years of age),
| 26 | | 11-18 (patronizing a prostitute, if the victim is |
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| 1 | | under 18 years
of age),
| 2 | | subdivision (a)(2)(C) of Section 11-14.3, or | 3 | | Section 11-19 (pimping, if the victim is under 18 years | 4 | | of age).
| 5 | | If the offense was committed before July 1, 1999, it is | 6 | | a sex offense requiring registration only when the person | 7 | | is convicted of any felony after July 1, 2011, and | 8 | | paragraph (2.1) of subsection (c) of Section 3 of this Act | 9 | | applies.
| 10 | | (1.11) A violation or attempted violation of any of the | 11 | | following
Sections of the Criminal Code of 1961 when the | 12 | | offense was committed on or
after August 22, 2002:
| 13 | | 11-9 or 11-30 (public indecency for a third or | 14 | | subsequent conviction). | 15 | | If the third or subsequent conviction was imposed | 16 | | before August 22, 2002, it is a sex offense requiring | 17 | | registration only when the person is convicted of any | 18 | | felony after July 1, 2011, and paragraph (2.1) of | 19 | | subsection (c) of Section 3 of this Act applies.
| 20 | | (1.12) A violation or attempted violation of Section
| 21 | | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the | 22 | | Criminal Code of 1961 (permitting sexual abuse) when the
| 23 | | offense was committed on or after August 22, 2002. If the | 24 | | offense was committed before August 22, 2002, it is a sex | 25 | | offense requiring registration only when the person is | 26 | | convicted of any felony after July 1, 2011, and paragraph |
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| 1 | | (2.1) of subsection (c) of Section 3 of this Act applies.
| 2 | | (2) A violation , attempted violation of, conspiracy to | 3 | | commit, or solicitation to commit a violation of any former | 4 | | law of this State substantially equivalent
to any offense | 5 | | listed in subsection (B) of this Section.
| 6 | | (C) A conviction for an offense of federal law, Uniform | 7 | | Code of Military
Justice, or the law of another state
or a | 8 | | foreign country that is substantially equivalent to any offense | 9 | | listed
in subsections (B), (C), (E), and (E-5) of this Section | 10 | | shall
constitute a
conviction for the purpose
of this Article. | 11 | | A finding or adjudication as a sexually dangerous person
or a | 12 | | sexually violent person under any federal law, Uniform Code of | 13 | | Military
Justice, or the law of another state or
foreign | 14 | | country that is substantially equivalent to the Sexually | 15 | | Dangerous
Persons Act or the Sexually Violent Persons | 16 | | Commitment Act shall constitute an
adjudication for the | 17 | | purposes of this Article.
| 18 | | (C-1) A violation, attempted violation of, conspiracy to | 19 | | commit, or solicitation to commit a violation of any of the | 20 | | following Sections of Title 18 of the U.S. Code: | 21 | | (A) 1591 (sex trafficking of children), | 22 | | (B) 1801 (video voyeurism of a minor), | 23 | | (C) 2241 (aggravated sexual abuse), | 24 | | (D) 2242 (sexual abuse), | 25 | | (E) 2243 (sexual abuse of a minor or ward), | 26 | | (F) 2244 (abusive sexual contact), |
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| 1 | | (G) 2245 (offenses resulting in death), | 2 | | (H) 2251 (sexual exploitation of children), | 3 | | (I) 2251A (selling or buying of children), | 4 | | (J) 2252 (material involving the sexual exploitation | 5 | | of minors), | 6 | | (K) 2252A (material containing child pornography), | 7 | | (L) 2252B (misleading domain names on the Internet), | 8 | | (M) 2252C (misleading words or digital images on the | 9 | | Internet), | 10 | | (N) 2260 (production of sexually explicit depictions | 11 | | of a minor for import into the United States), | 12 | | (O) 2421 (transportation of a minor for illegal sexual | 13 | | activity), | 14 | | (P) 2422 (coercion and enticement of a minor for | 15 | | illegal sexual activity), | 16 | | (Q) 2423 (transportation of minors for illegal sexual | 17 | | activity, travel with the intent to engage in illicit | 18 | | sexual conduct with a minor, engaging in illicit sexual | 19 | | conduct in foreign places), | 20 | | (R) 2424 (failure to file a factual statement about an | 21 | | alien individual), | 22 | | (S) 2425 (transmitting information about a minor to | 23 | | further criminal sexual conduct), | 24 | | (T) A violation of any former federal law substantially | 25 | | equivalent to any offense in this subsection (C-1). | 26 | | (C-5) A person at least 17 years of age at the time of the |
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| 1 | | commission of
the offense who is convicted of first degree | 2 | | murder under Section 9-1 of the
Criminal Code of 1961, against | 3 | | a person
under 18 years of age, shall be required to register
| 4 | | for natural life.
A conviction for an offense of federal, | 5 | | Uniform Code of Military Justice,
sister state, or foreign | 6 | | country law that is substantially equivalent to any
offense | 7 | | listed in subsection (C-5) of this Section shall constitute a
| 8 | | conviction for the purpose of this Article. This subsection | 9 | | (C-5) applies to a person who committed the offense before June | 10 | | 1, 1996 if: (i) the person is incarcerated in an Illinois | 11 | | Department of Corrections facility on August 20, 2004 (the | 12 | | effective date of Public Act 93-977), or (ii) subparagraph (i) | 13 | | does not apply and the person is convicted of any felony after | 14 | | July 1, 2011, and paragraph (2.1) of subsection (c) of Section | 15 | | 3 of this Act applies.
| 16 | | (C-6) A person who is convicted or adjudicated delinquent | 17 | | of first degree murder as defined in Section 9-1 of the | 18 | | Criminal Code of 1961, against a person 18 years of age or | 19 | | over, shall be required to register for his or her natural | 20 | | life. A conviction for an offense of federal, Uniform Code of | 21 | | Military Justice, sister state, or foreign country law that is | 22 | | substantially equivalent to any offense listed in subsection | 23 | | (C-6) of this Section shall constitute a conviction for the | 24 | | purpose of this Article. This subsection (C-6) does not apply | 25 | | to those individuals released from incarceration more than 10 | 26 | | years prior to January 1, 2012 ( the effective date of Public |
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| 1 | | Act 97-154) this amendatory Act of the 97th General Assembly . | 2 | | (D) As used in this Article, "law enforcement agency having | 3 | | jurisdiction"
means the Chief of Police in each of the | 4 | | municipalities in which the sex offender
expects to reside, | 5 | | work, or attend school (1) upon his or her discharge,
parole or | 6 | | release or
(2) during the service of his or her sentence of | 7 | | probation or conditional
discharge, or the Sheriff of the | 8 | | county, in the event no Police Chief exists
or if the offender | 9 | | intends to reside, work, or attend school in an
unincorporated | 10 | | area.
"Law enforcement agency having jurisdiction" includes | 11 | | the location where
out-of-state students attend school and | 12 | | where out-of-state employees are
employed or are otherwise | 13 | | required to register.
| 14 | | (D-1) As used in this Article, "supervising officer" means | 15 | | the assigned Illinois Department of Corrections parole agent or | 16 | | county probation officer. | 17 | | (E) As used in this Article, "sexual predator" means any | 18 | | person who,
after July 1, 1999, is:
| 19 | | (1) Convicted for an offense , conspiracy to commit the | 20 | | offense, or solicitation to commit the offense of federal, | 21 | | Uniform Code of Military
Justice, sister state, or foreign | 22 | | country law that is substantially equivalent
to any offense | 23 | | listed in subsection (E) or (E-5) of this Section shall | 24 | | constitute a
conviction for the purpose of this Article.
| 25 | | Convicted of a violation or attempted violation of any of | 26 | | the following
Sections of the
Criminal Code of 1961:
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| 1 | | 11-14.4 that involves keeping a place of juvenile | 2 | | prostitution, or 11-17.1 (keeping a place of juvenile | 3 | | prostitution),
| 4 | | subdivision (a)(2) or (a)(3) of Section 11-14.4, | 5 | | or Section 11-19.1 (juvenile pimping),
| 6 | | subdivision (a)(4) of Section 11-14.4, or Section | 7 | | 11-19.2 (exploitation of a child),
| 8 | | 11-20.1 (child pornography),
| 9 | | 11-20.1B or 11-20.3 (aggravated child | 10 | | pornography),
| 11 | | 11-1.20 or 12-13 (criminal sexual assault),
| 12 | | 11-1.30 or 12-14 (aggravated criminal sexual | 13 | | assault),
| 14 | | 11-1.40 or 12-14.1 (predatory criminal sexual | 15 | | assault of a child),
| 16 | | 11-1.60 or 12-16 (aggravated criminal sexual | 17 | | abuse),
| 18 | | 12-33 (ritualized abuse of a child);
| 19 | | (2) (blank);
| 20 | | (3) certified as a sexually dangerous person pursuant | 21 | | to the Sexually
Dangerous Persons Act or any substantially | 22 | | similar federal, Uniform Code of
Military Justice, sister | 23 | | state, or
foreign country law;
| 24 | | (4) found to be a sexually violent person pursuant to | 25 | | the Sexually Violent
Persons Commitment Act or any | 26 | | substantially similar federal, Uniform Code of
Military |
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| 1 | | Justice, sister state, or
foreign country law;
| 2 | | (5) convicted of a second or subsequent offense which | 3 | | requires
registration pursuant to this Act. For purposes of | 4 | | this paragraph
(5), "convicted" shall include a conviction | 5 | | under any
substantially similar
Illinois, federal, Uniform | 6 | | Code of Military Justice, sister state, or
foreign country | 7 | | law;
| 8 | | (6) convicted of a second or subsequent offense of | 9 | | luring a minor under Section 10-5.1 of the Criminal Code of | 10 | | 1961; or | 11 | | (7) if the person was convicted of an offense set forth | 12 | | in this subsection (E) on or before July 1, 1999, the | 13 | | person is a sexual predator for whom registration is | 14 | | required only when the person is convicted of a felony | 15 | | offense after July 1, 2011, and paragraph (2.1) of | 16 | | subsection (c) of Section 3 of this Act applies ; or . | 17 | | (8) a violation of any of the following Sections of | 18 | | Title 18 of the U.S. Code: | 19 | | 2241 (aggravated sexual abuse), | 20 | | 2242 (sexual abuse), | 21 | | 2244 (abusive sexual contact). | 22 | | (E-5) As used in this Article, "sexual predator" also means | 23 | | a person convicted of a violation or attempted violation , | 24 | | conspiracy to commit the offense, or solicitation to commit the | 25 | | offense of any of the following
Sections of the
Criminal Code | 26 | | of 1961: |
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| 1 | | (1) Section 9-1 (first degree murder,
when the victim | 2 | | was a person under 18 years of age and the defendant was at | 3 | | least
17 years of age at the time of the commission of the | 4 | | offense, provided the offense was sexually motivated as | 5 | | defined in Section 10 of the Sex Offender Management Board | 6 | | Act); | 7 | | (2) Section 11-9.5 (sexual misconduct with a person | 8 | | with a disability); | 9 | | (3) when the victim is a person under 18 years of age, | 10 | | the
defendant is not a parent of the victim, the offense | 11 | | was sexually motivated as defined in Section 10 of the Sex | 12 | | Offender Management Board Act, and the offense was | 13 | | committed on or
after January 1, 1996: (A) Section 10-1 | 14 | | (kidnapping), (B) Section 10-2 (aggravated kidnapping), | 15 | | (C) Section 10-3 (unlawful restraint), and (D) Section | 16 | | 10-3.1 (aggravated unlawful restraint); and | 17 | | (4) Section 10-5(b)(10) (child abduction committed by | 18 | | luring or
attempting to lure a child under the age of 16 | 19 | | into a motor vehicle, building,
house trailer, or dwelling | 20 | | place without the consent of the parent or lawful
custodian | 21 | | of the child for other than a lawful purpose and the | 22 | | offense was
committed on or after January 1, 1998, provided | 23 | | the offense was sexually motivated as defined in Section 10 | 24 | | of the Sex Offender Management Board Act). | 25 | | (E-10) As used in this Article, "sexual predator" also | 26 | | means a person required to register in another State due to a |
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| 1 | | conviction, adjudication or other action of any court | 2 | | triggering an obligation to register as a sex offender, sexual | 3 | | predator, or substantially similar status under the laws of | 4 | | that State. | 5 | | (F) As used in this Article, "out-of-state student" means | 6 | | any sex
offender, as defined in this Section,
or sexual | 7 | | predator who is enrolled in Illinois, on a full-time or | 8 | | part-time
basis, in any public or private educational | 9 | | institution, including, but not
limited to, any secondary | 10 | | school, trade or professional institution, or
institution of | 11 | | higher learning.
| 12 | | (G) As used in this Article, "out-of-state employee" means | 13 | | any sex
offender, as defined in this Section,
or sexual | 14 | | predator who works in Illinois, regardless of whether the | 15 | | individual
receives payment for services performed, for a | 16 | | period of time of 10 or more days
or for an aggregate period of | 17 | | time of 30 or more days
during any calendar year.
Persons who | 18 | | operate motor vehicles in the State accrue one day of | 19 | | employment
time for any portion of a day spent in Illinois.
| 20 | | (H) As used in this Article, "school" means any public or | 21 | | private educational institution, including, but not limited | 22 | | to, any elementary or secondary school, trade or professional | 23 | | institution, or institution of higher education. | 24 | | (I) As used in this Article, "fixed residence" means any | 25 | | and all places that a sex offender resides for an aggregate | 26 | | period of time of 5 or more days in a calendar year.
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| 1 | | (J) As used in this Article, "Internet protocol address" | 2 | | means the string of numbers by which a location on the Internet | 3 | | is identified by routers or other computers connected to the | 4 | | Internet. | 5 | | (K) As used in this Article, "temporary domicile" means any | 6 | | and all places where the sex offender resides for an aggregate | 7 | | period of time of 3 or more days during any calendar year. | 8 | | (L) As used in this Article, "conviction" means any | 9 | | conviction of any such offense, an attempt to commit such | 10 | | offense, conspiracy to commit the offense, solicitation to | 11 | | commit the offense, or adjudication. | 12 | | (Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11; | 13 | | 96-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; | 14 | | revised 9-27-11.) | 15 | | (730 ILCS 150/3) | 16 | | Sec. 3. Duty to register.
| 17 | | (a) A sex offender, as defined in Section 2 of this Act, or | 18 | | sexual
predator shall, within the time period
prescribed in | 19 | | subsections (b) and (c), register in person
and provide | 20 | | accurate information as required by the Department of State
| 21 | | Police. Such information shall include a current photograph,
| 22 | | current address, temporary domicile information (including | 23 | | address of temporary domicile and dates of temporary domicile),
| 24 | | current place of employment, the sex offender's or sexual | 25 | | predator's telephone numbers (including land line telephone |
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| 1 | | number, cellular telephone numbers, and voice over Internet | 2 | | Protocol numbers) telephone number, including cellular | 3 | | telephone number , the employer's telephone number, day labor | 4 | | employment information, school attended, all e-mail addresses, | 5 | | instant messaging identities, chat room identities, and other | 6 | | Internet communications identities that the sex offender uses | 7 | | or plans to use, all Uniform Resource Locators (URLs) | 8 | | registered or used by the sex offender, all blogs and other | 9 | | Internet sites maintained by the sex offender or to which the | 10 | | sex offender has uploaded any content or posted any messages or | 11 | | information , extensions of the time period for registering as | 12 | | provided in this Article and, if an extension was granted, the | 13 | | reason why the extension was granted and the date the sex | 14 | | offender was notified of the extension . The information shall | 15 | | also include a copy of the terms and conditions of parole or | 16 | | release signed by the sex offender and given to the sex | 17 | | offender by his or her supervising officer, the county of | 18 | | conviction, license plate numbers and registration number for | 19 | | every land, aircraft or watercraft vehicle owned or operated by | 20 | | registered in the name of the sex offender, the age of the sex | 21 | | offender at the time of the commission of the offense, the age | 22 | | of the victim at the time of the commission of the offense, and | 23 | | any distinguishing marks located on the body of the sex | 24 | | offender. The information shall also include any nicknames, | 25 | | aliases, pseudonyms, ethnic or tribal names by which the | 26 | | offender is commonly known. A photocopy of a valid driver's |
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| 1 | | license or identification card must also be provided at the | 2 | | time of registration. Passports, immigration documents, and | 3 | | any occupational licenses shall also be submitted. A sex | 4 | | offender convicted under Section 11-6, 11-20.1, 11-20.1B, | 5 | | 11-20.3, or 11-21 of the Criminal Code of 1961 shall provide | 6 | | all Internet protocol (IP) addresses in his or her residence, | 7 | | registered in his or her name, accessible at his or her place | 8 | | of employment, or otherwise under his or her control or | 9 | | custody. If the sex offender is a child sex offender as defined | 10 | | in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961, the | 11 | | sex offender shall report to the registering agency whether he | 12 | | or she is living in a household with a child under 18 years of | 13 | | age who is not his or her own child, provided that his or her | 14 | | own child is not the victim of the sex offense. The sex | 15 | | offender or
sexual predator shall register:
| 16 | | (1) with the chief of police in the municipality in | 17 | | which he or she
resides or is temporarily domiciled for a | 18 | | period of time of 3 or more
days, unless the
municipality | 19 | | is the City of Chicago, in which case he or she shall | 20 | | register
at the Chicago Police Department Headquarters; or
| 21 | | (2) with the sheriff in the county in which
he or she | 22 | | resides or is
temporarily domiciled
for a period of time of | 23 | | 3 or more days in an unincorporated
area or, if | 24 | | incorporated, no police chief exists.
| 25 | | If the sex offender or sexual predator is employed at or | 26 | | attends an institution of higher education, he or she shall |
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| 1 | | also register:
| 2 | | (i) with: | 3 | | (A) the chief of police in the municipality in | 4 | | which he or she is employed at or attends an | 5 | | institution of higher education, unless the | 6 | | municipality is the City of Chicago, in which case he | 7 | | or she shall register at the Chicago Police Department | 8 | | Headquarters; or | 9 | | (B) the sheriff in the county in which he or she is | 10 | | employed or attends an institution of higher education | 11 | | located in an unincorporated area, or if incorporated, | 12 | | no police chief exists; and
| 13 | | (ii) with the public safety or security director of the | 14 | | institution of higher education which he or she is employed | 15 | | at or attends.
| 16 | | The registration fees shall only apply to the municipality | 17 | | or county of primary registration, and not to campus | 18 | | registration. | 19 | | 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 3 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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| 1 | | A sex offender or sexual predator who is temporarily absent | 2 | | from his or her current address of registration for 3 or more | 3 | | days shall notify the law enforcement agency having | 4 | | jurisdiction of his or her current registration, including the | 5 | | itinerary for travel, in the manner provided in Section 6 of | 6 | | this Act for notification to the law enforcement agency having | 7 | | jurisdiction of change of address. | 8 | | Any person who lacks a fixed residence must report weekly, | 9 | | in person, with the sheriff's office of the county in which he | 10 | | or she is located in an unincorporated area, or with the chief | 11 | | of police in the municipality in which he or she is located. | 12 | | The agency of jurisdiction will document each weekly | 13 | | registration to include all the locations where the person has | 14 | | stayed during the past 7 days.
| 15 | | The sex offender or sexual predator shall provide accurate | 16 | | information
as required by the Department of State Police. That | 17 | | information shall include
the sex offender's or sexual | 18 | | predator's current place of employment.
| 19 | | (a-5) An out-of-state student or out-of-state employee | 20 | | shall,
within 3 days after beginning school or employment in | 21 | | this State,
register in person and provide accurate information | 22 | | as required by the
Department of State Police. Such information | 23 | | will include current place of
employment, school attended, and | 24 | | address in state of residence. A sex offender convicted under | 25 | | Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the | 26 | | Criminal Code of 1961 shall provide all Internet protocol (IP) |
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| 1 | | addresses in his or her residence, registered in his or her | 2 | | name, accessible at his or her place of employment, or | 3 | | otherwise under his or her control or custody. The out-of-state | 4 | | student or out-of-state employee shall register:
| 5 | | (1) with: | 6 | | (A) the chief of police in the municipality in | 7 | | which he or she attends school or is employed for a | 8 | | period of time of 5
or more days or for an
aggregate | 9 | | period of time of more than 30 days during any
calendar | 10 | | year, unless the
municipality is the City of Chicago, | 11 | | in which case he or she shall register at
the Chicago | 12 | | Police Department Headquarters; or
| 13 | | (B) the sheriff in the county in which
he or she | 14 | | attends school or is
employed for a period of time of 5 | 15 | | or more days or
for an aggregate period of
time of more | 16 | | than 30 days during any calendar year in an
| 17 | | unincorporated area
or, if incorporated, no police | 18 | | chief exists; and | 19 | | (2) with the public safety or security director of the | 20 | | institution of higher education he or she is employed at or | 21 | | attends for a period of time of 5 or more days or for an | 22 | | aggregate period of time of more than 30 days during a | 23 | | calendar year. | 24 | | The registration fees shall only apply to the municipality | 25 | | or county of primary registration, and not to campus | 26 | | registration. |
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| 1 | | The out-of-state student or out-of-state employee shall | 2 | | provide accurate
information as required by the Department of | 3 | | State Police. That information
shall include the out-of-state | 4 | | student's current place of school attendance or
the | 5 | | out-of-state employee's current place of employment.
| 6 | | (a-10) Any law enforcement agency registering sex | 7 | | offenders or sexual predators in accordance with subsections | 8 | | (a) or (a-5) of this Section shall forward to the Attorney | 9 | | General a copy of sex offender registration forms from persons | 10 | | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | 11 | | 11-21 of the Criminal Code of 1961, including periodic and | 12 | | annual registrations under Section 6 of this Act. | 13 | | (b) Any sex offender, as defined in Section 2 of this Act, | 14 | | or sexual
predator, regardless of any initial,
prior, or other | 15 | | registration, shall, within 3 days of beginning school,
or | 16 | | establishing a
residence, place of employment, or temporary | 17 | | domicile in
any county, register in person as set forth in | 18 | | subsection (a)
or (a-5).
| 19 | | (c) The registration for any person required to register | 20 | | under this
Article shall be as follows:
| 21 | | (1) Any person registered under the Habitual Child Sex | 22 | | Offender
Registration Act or the Child Sex Offender | 23 | | Registration Act prior to January
1, 1996, shall be deemed | 24 | | initially registered as of January 1, 1996; however,
this | 25 | | shall not be construed to extend the duration of | 26 | | registration set forth
in Section 7.
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| 1 | | (2) Except as provided in subsection (c)(2.1) or | 2 | | (c)(4), any person convicted or
adjudicated prior to | 3 | | January 1, 1996, whose liability for registration under
| 4 | | Section 7 has not expired, shall register in person prior | 5 | | to January 31,
1996.
| 6 | | (2.1) A sex offender or sexual predator, who has never | 7 | | previously been required to register under this Act, has a | 8 | | duty to register if the person has been convicted of any | 9 | | felony offense after July 1, 2011. A person who previously | 10 | | was required to register under this Act for a period of 10 | 11 | | years and successfully completed that registration period | 12 | | has a duty to register if: (i) the person has been | 13 | | convicted of any felony offense after July 1, 2011, and | 14 | | (ii) the offense for which the 10 year registration was | 15 | | served currently requires a registration period of more | 16 | | than 10 years. Notification of an offender's duty to | 17 | | register under this subsection shall be pursuant to Section | 18 | | 5-7 of this Act. | 19 | | (2.5) Except as provided in subsection (c)(4), any | 20 | | person who has not
been notified of his or her | 21 | | responsibility to register shall be notified by a
criminal | 22 | | justice entity of his or her responsibility to register. | 23 | | Upon
notification the person must then register within 3 | 24 | | days of notification of
his or her requirement to register. | 25 | | Except as provided in subsection (c)(2.1), if notification | 26 | | is not made within the
offender's 10 year registration |
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| 1 | | requirement, and the Department of State
Police determines | 2 | | no evidence exists or indicates the offender attempted to
| 3 | | avoid registration, the offender will no longer be required | 4 | | 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 $100
initial registration | 18 | | fee and
a $100
annual
renewal fee. The fees shall be used | 19 | | by the registering agency for official
purposes. The agency | 20 | | shall establish procedures to document receipt and use
of | 21 | | the funds.
The law enforcement agency having jurisdiction | 22 | | may waive the registration fee
if it determines that the | 23 | | person is indigent and unable to pay the registration
fee.
| 24 | | Thirty dollars for the initial registration fee and $30 of | 25 | | the annual renewal fee
shall be used by the registering | 26 | | agency for official purposes. Ten dollars of
the initial |
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| 1 | | registration fee and $10 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.
Thirty dollars of the initial registration fee and | 12 | | $30 of the annual renewal fee shall be deposited into the | 13 | | Sex Offender Registration Fund and shall be used by the | 14 | | Department of State Police to maintain and update the | 15 | | Illinois State Police Sex Offender Registry. Thirty | 16 | | dollars of the initial registration fee and $30 of the | 17 | | annual renewal fee shall be deposited into the Attorney | 18 | | General Sex Offender Awareness, Training, and Education | 19 | | Fund. Moneys deposited into the Fund shall be used by the | 20 | | Attorney General to administer the I-SORT program and to | 21 | | alert and educate the public, victims, and witnesses of | 22 | | their rights under various victim notification laws and for | 23 | | training law enforcement agencies, State's Attorneys, and | 24 | | medical providers of their legal duties concerning the | 25 | | prosecution and investigation of sex offenses. | 26 | | (d) Within 3 days after obtaining or changing employment |
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| 1 | | and, if employed
on January 1, 2000, within 5 days after that | 2 | | date, a person required to
register under this Section must | 3 | | report, in person to the law
enforcement agency having | 4 | | jurisdiction, the business name and address where he
or she is | 5 | | employed. If the person has multiple businesses or work | 6 | | locations,
every business and work location must be reported to | 7 | | the law enforcement agency
having jurisdiction.
| 8 | | (Source: P.A. 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; | 9 | | 96-1097, eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. | 10 | | 1-1-11; 96-1551, eff. 7-1-11; 97-155, eff 1-1-12; 97-333, eff. | 11 | | 8-12-11; 97-578, eff. 1-1-12; revised 9-15-11.)
| 12 | | (730 ILCS 150/6)
| 13 | | Sec. 6. Duty to report; change of address, school, or | 14 | | employment; duty
to inform.
A person who has been adjudicated | 15 | | to be a sexually dangerous person or is a sexually
violent | 16 | | person and is later released, or found to be no longer sexually
| 17 | | dangerous or no longer a sexually violent person and | 18 | | discharged, or convicted of a violation of this Act or any | 19 | | federal failure to register offense or any other jurisdiction's | 20 | | registration Act after July 1, 2005, or is a sexual predator | 21 | | shall report in
person to the law enforcement agency with whom | 22 | | he or she last registered no
later than 90 days after the date | 23 | | of his or her last registration and every 90
days thereafter | 24 | | and at such other times at the request of the law enforcement | 25 | | agency not to exceed 4 times a year. Such sexually dangerous or |
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| 1 | | sexually
violent person must report all new or changed e-mail | 2 | | addresses, all new or changed instant messaging identities, all | 3 | | new or changed chat room identities, and all other new or | 4 | | changed Internet communications identities that the sexually | 5 | | dangerous or sexually
violent person uses or plans to use, all | 6 | | new or changed Uniform Resource Locators (URLs) registered or | 7 | | used by the sexually dangerous or sexually
violent person, and | 8 | | all new or changed blogs and other Internet sites maintained by | 9 | | the sexually dangerous or sexually
violent person or to which | 10 | | the sexually dangerous or sexually
violent person has uploaded | 11 | | any content or posted any messages or information. Any person | 12 | | who lacks a fixed residence must report weekly, in person, to | 13 | | the appropriate law enforcement agency where the sex offender | 14 | | is located. Any other person who is required to register under | 15 | | this
Article who is convicted or adjudicated of a misdemeanor | 16 | | offense shall report in person to the appropriate law | 17 | | enforcement agency with
whom he or she last registered within | 18 | | one year from the date of last
registration and every year | 19 | | thereafter and at such other times at the request of the law | 20 | | enforcement agency not to exceed 4 times a year. Any other
| 21 | | person who is required to register under this Article shall be
| 22 | | required to register for a period of 25 years after conviction
| 23 | | or adjudication if not confined to a penal institution,
| 24 | | hospital or any other institution or facility, and if confined,
| 25 | | for a period of 25 years after parole, discharge or release
| 26 | | from any such facility. Any such person required to register |
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| 1 | | for a period of 25 years shall report in person to the law | 2 | | enforcement agency with whom he or she last registered no later | 3 | | than 6 months after the date of his or her last registration | 4 | | and every 6 months thereafter for the duration of his or her | 5 | | registration. If any person required to register under this | 6 | | Article lacks a fixed residence or temporary domicile, he or | 7 | | she must notify, in person, the agency of jurisdiction of his | 8 | | or her last known address within 3 days after ceasing to have a | 9 | | fixed residence and if the offender leaves the last | 10 | | jurisdiction of residence, he or she, must within 3 days after | 11 | | leaving register in person with the new agency of jurisdiction. | 12 | | If any other person required to register
under this Article | 13 | | changes his or her residence address, place of
employment,
| 14 | | telephone number, cellular telephone number, or school, he or | 15 | | she shall report in
person, to the law
enforcement agency
with | 16 | | whom he or she last registered, his or her new address, change | 17 | | in
employment, telephone number, cellular telephone number, or | 18 | | school, all new or changed e-mail addresses, all new or changed | 19 | | instant messaging identities, all new or changed chat room | 20 | | identities, and all other new or changed Internet | 21 | | communications identities that the sex offender uses or plans | 22 | | to use, all new or changed Uniform Resource Locators (URLs) | 23 | | registered or used by the sex offender, and all new or changed | 24 | | blogs and other Internet sites maintained by the sex offender | 25 | | or to which the sex offender has uploaded any content or posted | 26 | | any messages or information, and register, in person, with the |
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| 1 | | appropriate law enforcement
agency within the
time period | 2 | | specified in Section 3. If the sex offender is a child sex | 3 | | offender as defined in Section 11-9.3 or 11-9.4 of the Criminal | 4 | | Code of 1961, the sex offender shall within 3 days after | 5 | | beginning to reside in a household with a child under 18 years | 6 | | of age who is not his or her own child, provided that his or her | 7 | | own child is not the victim of the sex offense, report that | 8 | | information to the registering law enforcement agency. The law | 9 | | enforcement agency shall, within 3
days of the reporting in | 10 | | person by the person required to register under this Article, | 11 | | notify the Department of State Police of the new place of | 12 | | residence, change in
employment, telephone number, cellular | 13 | | telephone number, or school. | 14 | | If any person required to register under this Article | 15 | | intends to establish a
residence or employment outside of the | 16 | | State of Illinois, at least 3 10 days
before establishing that | 17 | | residence or employment, he or she shall report in person to | 18 | | the law enforcement agency with which he or she last registered | 19 | | of his
or her out-of-state intended residence or employment. | 20 | | The law enforcement agency with
which such person last | 21 | | registered shall, within 3 days after the reporting in person | 22 | | of the person required to register under this Article of an | 23 | | address or
employment change, notify the Department of State | 24 | | Police. The Department of
State Police shall forward such | 25 | | information to the out-of-state law enforcement
agency having | 26 | | jurisdiction in the form and manner prescribed by the
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| 1 | | Department of State Police. | 2 | | (Source: P.A. 96-1094, eff. 1-1-11; 96-1104, eff. 1-1-11; | 3 | | 97-333, eff. 8-12-11.)
| 4 | | (730 ILCS 150/7) (from Ch. 38, par. 227)
| 5 | | Sec. 7. Duration of registration. A person who has been | 6 | | adjudicated to
be
sexually dangerous and is later released or | 7 | | found to be no longer sexually
dangerous and discharged, shall | 8 | | register for the period of his or her natural
life.
A sexually | 9 | | violent person or sexual predator shall register for the period | 10 | | of
his or her natural life
after conviction or adjudication if | 11 | | not confined to a penal institution,
hospital, or other | 12 | | institution or facility, and if confined, for
the period of his | 13 | | or her natural life after parole, discharge, or release from
| 14 | | any such facility.
A person who becomes subject to registration | 15 | | under paragraph (2.1) of subsection (c) of Section 3 of this | 16 | | Article who has previously been subject to registration under | 17 | | this Article shall register for the period currently required | 18 | | for the offense for which the person was previously registered | 19 | | if not confined to a penal institution, hospital, or other | 20 | | institution or facility, and if confined, for the same period | 21 | | after parole, discharge, or release from any such facility. | 22 | | Except as otherwise provided in this Section, a person who | 23 | | becomes subject to registration under this Article who has | 24 | | previously been subject to registration under this Article or | 25 | | under the Murderer and Violent Offender Against Youth |
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| 1 | | Registration Act or similar registration requirements of other | 2 | | jurisdictions shall register for the period of his or her | 3 | | natural life if not confined to a penal institution,
hospital, | 4 | | or other institution or facility, and if confined, for
the | 5 | | period of his or her natural life after parole, discharge, or | 6 | | release from
any such facility. Any other person who is | 7 | | required to register
under this Article who is convicted or | 8 | | adjudicated of a misdemeanor sex offense shall be required to | 9 | | register for a period of 15 10 years after
conviction or | 10 | | adjudication if not confined to a penal institution, hospital
| 11 | | or any other
institution or facility, and if confined, for a | 12 | | period of 15 10 years after
parole, discharge or release from | 13 | | any such facility. Any other person who is required to register | 14 | | under this Article shall be required to register for a period | 15 | | of 25 years after conviction or adjudication if not confined to | 16 | | a penal institution, hospital or any other institution or | 17 | | facility, and if confined, for a period of 25 years after | 18 | | parole, discharge or release from any such facility. Any such | 19 | | person required to register for a period of 25 years shall | 20 | | report in person to the law enforcement agency with whom he or | 21 | | she last registered no later than 6 months after the date of | 22 | | his or her last registration and every 6 months thereafter for | 23 | | the duration of his or her registration. A sex offender who is
| 24 | | allowed to leave a county, State, or federal facility for the | 25 | | purposes of work
release, education, or overnight visitations | 26 | | shall be required
to register within 3 days of beginning such a |
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| 1 | | program. Liability for
registration terminates at the | 2 | | expiration of 10 years from the date of
conviction or | 3 | | adjudication if not confined to a penal institution, hospital
| 4 | | or any other
institution or facility and if confined, at the | 5 | | expiration of 10 years from the
date of parole, discharge or | 6 | | release from any such facility, providing such
person does not, | 7 | | during that period, again
become
liable
to register under the | 8 | | provisions of this Article.
Reconfinement due to a violation of | 9 | | parole or other circumstances that relates to the original | 10 | | conviction or adjudication shall extend the period of | 11 | | registration to 10 years after final parole, discharge, or | 12 | | release. Reconfinement due to a violation of parole, a | 13 | | conviction reviving registration, or other circumstances that | 14 | | do not relate to the original conviction or adjudication shall | 15 | | toll the running of the balance of the 10-year period of | 16 | | registration, which shall not commence running until after | 17 | | final parole, discharge, or release. The Director of State | 18 | | Police, consistent with administrative rules, shall
extend for | 19 | | 10 years the registration period of any sex offender, as | 20 | | defined
in Section 2 of this Act, who fails to
comply with the | 21 | | provisions of this Article. The registration period for any sex | 22 | | offender who is convicted of a violation of this Act, federal | 23 | | registration laws or any jurisdiction's registration laws | 24 | | shall register for the period of his or her natural life after | 25 | | conviction or adjudication for the violation if not confined to | 26 | | a penal institution, hospital, or other institution or |
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| 1 | | facility, and if confined, for the period of his or her natural | 2 | | life after parole, discharge, or release from any such | 3 | | facility. fails to comply with any provision of the Act shall | 4 | | extend the period of registration by 10 years beginning from | 5 | | the first date of registration after the violation.
If the | 6 | | registration period is extended, the Department of State Police | 7 | | shall send a registered letter to the law enforcement agency | 8 | | where the sex offender resides within 3 days after the | 9 | | extension of the registration period. The sex offender shall | 10 | | report to that law enforcement agency and sign for that letter. | 11 | | One copy of that letter shall be kept on file with the law | 12 | | enforcement agency of the jurisdiction where the sex offender | 13 | | resides and one copy shall be returned to the Department of | 14 | | State Police.
| 15 | | (Source: P.A. 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; revised | 16 | | 10-4-11.) | 17 | | (730 ILCS 150/7-5 new) | 18 | | Sec. 7-5. Termination of duty to register. | 19 | |
(a) Any person required to register under Section 3 of | 20 | | this Act for a conviction of criminal sexual abuse under | 21 | | subsection (c) of Section 11-1.50 of the Criminal Code of 1961, | 22 | | may petition the court in the county of conviction for the | 23 | | termination of the term of registration no less than 10 years | 24 | | after his or her initial registration pursuant to Section 3 of | 25 | | this Act. |
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| 1 | | (b) The court may upon a hearing on the petition for | 2 | | termination of registration, terminate registration if the | 3 | | court finds that the registrant poses no risk to the community | 4 | | by a preponderance of the evidence based upon the factors set | 5 | | forth in subsection (c). | 6 | | (c) To determine whether a registrant poses a risk to the | 7 | | community as required by subsection (b), the court shall | 8 | | consider the following factors: | 9 | | (1) a risk assessment performed by an evaluator | 10 | | approved by the Sex Offender Management Board; | 11 | | (2) the sex offender history of the registrant; | 12 | | (3) evidence of the registrant's rehabilitation; | 13 | | (4) the age of the registrant at the time of the | 14 | | offense; | 15 | | (5) information related to the registrant's mental, | 16 | | physical, educational, and social history; | 17 | | (6) victim impact statements; and | 18 | | (7) any other factors deemed relevant by the court. | 19 | | (d) At the hearing set forth in subsections (b) and (c), a | 20 | | registrant may be represented by counsel and may present a risk | 21 | | assessment conducted by an evaluator who is a licensed | 22 | | psychiatrist, psychologist, or other mental health | 23 | | professional, and who has demonstrated clinical experience in | 24 | | sex offender treatment. | 25 | | (e) After a registrant completes the term of his or her | 26 | | registration, his or her name, address, and all other |
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| 1 | | identifying information shall be removed from all State and | 2 | | local registries. | 3 | | (f) This Section applies retroactively to cases in which | 4 | | sex offenders who registered or were required to register | 5 | | before the effective date of this amendatory Act of the 97th | 6 | | General Assembly. On or after the effective date of this | 7 | | amendatory Act of the 97th General Assembly, a person convicted | 8 | | before the effective date of this amendatory Act of the 97th | 9 | | General Assembly may request a hearing regarding status of | 10 | | registration by filing a Petition Requesting Registration | 11 | | Status with the clerk of the court in the county of conviction. | 12 | | Upon receipt of the Petition Requesting Registration Status, | 13 | | the clerk of the court shall provide notice to the parties and | 14 | | set the Petition for hearing pursuant to subsections (b) | 15 | | through (d) of this Section. | 16 | | (g) This Section does not apply to the following | 17 | | registrants: | 18 | | (1) Registrants convicted in another state or a tribe, | 19 | | a territory, the District of Columbia, or a foreign | 20 | | country; | 21 | | (2) Registrants convicted of any misdemeanor or felony | 22 | | offense other than criminal sexual abuse under subsection | 23 | | (c) of Section 11-1.50 of the Criminal Code of 1961; and | 24 | | (3) Registrants with a second or subsequent conviction | 25 | | of criminal sexual abuse under subsection (c) of Section | 26 | | 11-1.50 of the Criminal Code of 1961.
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| 1 | | (730 ILCS 150/8) (from Ch. 38, par. 228)
| 2 | | Sec. 8. Registration and DNA submission requirements. | 3 | | (a) Registration. Registration as required by this
Article | 4 | | shall consist of a statement in writing signed by the person | 5 | | giving the
information that is required by the Department of | 6 | | State Police, which shall may
include the fingerprints , palm | 7 | | prints (subject to appropriation of funding by the General | 8 | | Assembly) and must include a current photograph of the person, | 9 | | to be updated at each registration annually . If the sex | 10 | | offender is a child sex offender as defined in Section 11-9.3 | 11 | | or 11-9.4 of the Criminal Code of 1961, he or she shall sign a | 12 | | statement that he or she understands that according to Illinois | 13 | | law as a child sex offender he or she may not reside within 500 | 14 | | feet of a school, park, or playground. The offender may also | 15 | | not reside within 500 feet of a facility providing services | 16 | | directed exclusively toward persons under 18 years of age | 17 | | unless the sex offender meets specified exemptions. The
| 18 | | registration
information must include whether the person is a | 19 | | sex offender as
defined
in the Sex Offender Community | 20 | | Notification
Law. Within 3
days, the
registering law | 21 | | enforcement agency shall forward any
required information to | 22 | | the Department of State Police. The registering
law enforcement | 23 | | agency shall
enter the information into the Law Enforcement | 24 | | Agencies Data System (LEADS) as
provided in Sections 6 and 7 of | 25 | | the Intergovernmental Missing Child Recovery
Act of 1984.
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| 1 | | (b) DNA submission. Every person registering as a sex | 2 | | offender _pursuant to this Act, regardless of the date of | 3 | | conviction or the date of initial registration who is required | 4 | | to submit specimens of blood, saliva, or tissue for DNA | 5 | | analysis as required by subsection (a) of Section 5-4-3 of the | 6 | | Unified Code of Corrections shall submit the specimens as | 7 | | required by that Section. Registered sex offenders who have | 8 | | previously submitted a DNA specimen which has been uploaded to | 9 | | the Illinois DNA database shall not be required to submit an | 10 | | additional specimen pursuant to this Section. | 11 | | (Source: P.A. 97-383, eff. 1-1-12.)
| 12 | | (730 ILCS 150/10.1 new) | 13 | | Sec. 10.1. Non-Compliant Sex Offenders. | 14 | | (a) If the registering law enforcement agency determines a | 15 | | sex offender or juvenile sex offender to be non-compliant with | 16 | | the registration requirements under this Act, the agency shall: | 17 | | (1) Update LEADS to reflect the sex offender or | 18 | | juvenile sex offender's non-compliant status. | 19 | | (2) Notify the Department of State Police within 3 | 20 | | calendar days of determining a sex offender or juvenile sex | 21 | | offender is non-compliant. | 22 | | (3) Make reasonable efforts to locate the | 23 | | non-compliant sex offender or juvenile sex offender. | 24 | | (4) If unsuccessful in locating the non-compliant sex | 25 | | offender or juvenile sex offender, attempt to secure an |
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| 1 | | arrest warrant based on his or her failure to comply with | 2 | | requirements of this Act and enter the sex offender or | 3 | | juvenile sex offender into the National Crime Information | 4 | | Center Wanted Person File. | 5 | | (b) The Department of State Police must, within 3 calendar | 6 | | days of receiving notice of a non-compliant sex offender or | 7 | | juvenile sex offender: | 8 | | (1) Ensure that the sex offender or juvenile sex | 9 | | offender's status in LEADS is updated to reflect his or her | 10 | | non-compliant status. | 11 | | (2) Provide notice to the United States Marshals | 12 | | Service of the sex offender or juvenile sex offender's | 13 | | non-compliance and any identifying information as may be | 14 | | requested by the United States Marshals Service. | 15 | | (3) Provide assistance to Illinois law enforcement | 16 | | agencies to locate and apprehend non-compliant sex | 17 | | offenders. | 18 | | (4) Update the Public Adam Walsh Sex Offender Registry | 19 | | regarding sex offenders or registry-mandated juvenile sex | 20 | | offenders. | 21 | | (5) Send updated information to the National Sex | 22 | | Offender Registry regarding sex offenders or | 23 | | registry-mandated juvenile sex offenders. | 24 | | (c) If the Department of State Police receives notice from | 25 | | another jurisdiction that a sex offender or juvenile sex | 26 | | offender intends to reside, be employed, or attend school in |
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| 1 | | Illinois and that offender fails to register as required in | 2 | | this Act, the Department of State Police must inform the | 3 | | jurisdiction that provided the notification that the sex | 4 | | offender failed to appear for registration.
| 5 | | (730 ILCS 150/11)
| 6 | | Sec. 11. Sex offender registration fund. There is created | 7 | | the Sex
Offender Registration Fund. Moneys in the Fund shall be | 8 | | used to cover costs
incurred by the criminal justice system to | 9 | | administer this Article. The
Department of State Police shall | 10 | | establish and promulgate rules and procedures
regarding the | 11 | | administration of this Fund. The moneys deposited into this | 12 | | Fund shall be used by the Department of State Police to | 13 | | maintain and update the Illinois State Police Sex Offender | 14 | | Registry and Fifty percent of the moneys
in the Fund shall be | 15 | | allocated by the Department for sheriffs' offices and
police | 16 | | departments. The remaining moneys in the Fund shall be | 17 | | allocated to the Illinois State Police Sex Offender | 18 | | Registration Unit for education and administration of any | 19 | | Section of the Act.
| 20 | | (Source: P.A. 93-979, eff. 8-20-04.)
| 21 | | Section 10. The Sex Offender Community Notification Law is | 22 | | amended by changing Section 116 as follows: | 23 | | (730 ILCS 152/116) |
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| 1 | | Sec. 116. Missing Sex Offender Database. | 2 | | (a) The Department of State Police
shall establish and | 3 | | maintain a Statewide Missing Sex Offender Database for
the
| 4 | | purpose of identifying missing sex offenders and making that | 5 | | information
available to the persons specified in Sections 120 | 6 | | and 125 of this Law. The
Database shall be created from the Law | 7 | | Enforcement Agencies Data System (LEADS)
established under | 8 | | Section 6 of the Intergovernmental Missing Child Recovery Act
| 9 | | of 1984. The Department of State Police shall examine its LEADS | 10 | | database for
persons registered as sex offenders under the Sex | 11 | | Offender Registration Act and
shall identify those who are sex | 12 | | offenders and who have not complied with the provisions of | 13 | | Section 6 of that Act or whose address can not be verified | 14 | | under Section 8-5 of that Act and shall add all the
| 15 | | information, including photographs if available, on those | 16 | | missing sex offenders to
the Statewide Sex
Offender
Database.
| 17 | | (b) The Department of State Police must make the | 18 | | information contained in
the
Statewide Missing Sex Offender | 19 | | Database accessible on the Internet by means of a
hyperlink
| 20 | | labeled "Missing Sex Offender Information" on the Department's | 21 | | World Wide Web home
page and on the Attorney General's I-SORT | 22 | | page. The Department of State Police must update that | 23 | | information as it deems
necessary. The Internet page shall also | 24 | | include information that rewards may be are available to | 25 | | persons who inform the Department of State Police or a local | 26 | | law enforcement agency of the whereabouts of a missing sex |
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| 1 | | offender.
| 2 | | The Department of State Police may require that a person | 3 | | who seeks access to
the missing sex
offender information submit | 4 | | biographical information about himself or
herself before
| 5 | | permitting access to the missing sex offender information. The | 6 | | Department of State Police must promulgate rules
in accordance | 7 | | with the Illinois Administrative Procedure
Act to implement | 8 | | this
subsection
(b)
and those rules must include procedures to | 9 | | ensure that the information in the
database is accurate. | 10 | | (c) The Department of State Police, Sex Offender | 11 | | Registration Unit, must develop and conduct training to educate | 12 | | all those entities involved in the Missing Sex Offender | 13 | | Registration Program.
| 14 | | (Source: P.A. 95-817, eff. 8-14-08.) | 15 | | Section 15. The Child Murderer and Violent Offender Against | 16 | | Youth Registration Act is amended by changing Section 5 as | 17 | | follows: | 18 | | (730 ILCS 154/5) | 19 | | Sec. 5. Definitions. | 20 | | (a) As used in this Act, "violent offender against youth" | 21 | | means any person who is: | 22 | | (1) charged pursuant to Illinois law, or any | 23 | | substantially similar
federal, Uniform Code of Military | 24 | | Justice, sister state, or foreign country
law,
with a |
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| 1 | | violent offense against youth set forth
in subsection (b) | 2 | | of this Section or the attempt to commit an included | 3 | | violent
offense against youth, and: | 4 | | (A) is convicted of such offense or an attempt to | 5 | | commit such offense;
or | 6 | | (B) is found not guilty by reason of insanity of | 7 | | such offense or an
attempt to commit such offense; or | 8 | | (C) is found not guilty by reason of insanity | 9 | | pursuant to subsection (c) of Section
104-25 of the | 10 | | Code of Criminal Procedure of 1963 of such offense or | 11 | | an
attempt to commit such offense; or | 12 | | (D) is the subject of a finding not resulting in an | 13 | | acquittal at a
hearing conducted pursuant to | 14 | | subsection (a) of Section 104-25 of the Code of | 15 | | Criminal
Procedure of 1963 for the alleged commission | 16 | | or attempted commission of such
offense; or | 17 | | (E) is found not guilty by reason of insanity | 18 | | following a hearing
conducted pursuant to a federal, | 19 | | Uniform Code of Military Justice, sister
state, or | 20 | | foreign country law
substantially similar to | 21 | | subsection (c) of Section 104-25 of the Code of | 22 | | Criminal Procedure
of 1963 of such offense or of the | 23 | | attempted commission of such offense; or | 24 | | (F) is the subject of a finding not resulting in an | 25 | | acquittal at a
hearing conducted pursuant to a federal, | 26 | | Uniform Code of Military Justice,
sister state, or |
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| 1 | | foreign country law
substantially similar to | 2 | | subsection (c) of Section 104-25 of the Code of | 3 | | Criminal Procedure
of 1963 for the alleged violation or | 4 | | attempted commission of such offense;
or | 5 | | (2) adjudicated a juvenile delinquent as the result of | 6 | | committing or
attempting to commit an act which, if | 7 | | committed by an adult, would constitute
any of the offenses | 8 | | specified in subsection (b) or (c-5) of this Section or a
| 9 | | violation of any substantially similar federal, Uniform | 10 | | Code of Military
Justice, sister state, or foreign
country | 11 | | law, or found guilty under Article V of the Juvenile Court | 12 | | Act of 1987
of committing or attempting to commit an act | 13 | | which, if committed by an adult,
would constitute any of | 14 | | the offenses specified in subsection (b) or (c-5) of
this | 15 | | Section or a violation of any substantially similar | 16 | | federal, Uniform Code
of Military Justice, sister state,
or | 17 | | foreign country law. | 18 | | Convictions that result from or are connected with the same | 19 | | act, or result
from offenses committed at the same time, shall | 20 | | be counted for the purpose of
this Act as one conviction. Any | 21 | | conviction set aside pursuant to law is
not a conviction for | 22 | | purposes of this Act. | 23 | |
For purposes of this Section, "convicted" shall have the | 24 | | same meaning as
"adjudicated". For the purposes of this Act, a | 25 | | person who is defined as a violent offender against youth as a | 26 | | result of being adjudicated a juvenile delinquent under |
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| 1 | | paragraph (2) of this subsection (a) upon attaining 17 years of | 2 | | age shall be considered as having committed the violent offense | 3 | | against youth on or after the 17th birthday of the violent | 4 | | offender against youth. Registration of juveniles upon | 5 | | attaining 17 years of age shall not extend the original | 6 | | registration of 10 years from the date of conviction. | 7 | | (b) As used in this Act, "violent offense against youth" | 8 | | means: | 9 | | (1) (Blank). A violation of any of the following | 10 | | Sections of the
Criminal Code of 1961, when the victim is a | 11 | | person under 18 years of age and the offense was committed | 12 | | on or
after January 1, 1996: | 13 | | 10-1 (kidnapping), | 14 | | 10-2 (aggravated kidnapping), | 15 | | 10-3 (unlawful restraint), | 16 | | 10-3.1 (aggravated unlawful restraint). | 17 | | An attempt to commit any of these offenses. | 18 | | (2) 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. | 22 | | (3) (Blank). Child abduction under paragraph (10) of | 23 | | subsection
(b) of Section 10-5 of the Criminal Code of 1961 | 24 | | committed by luring or
attempting to lure a child under the | 25 | | age of 16 into a motor vehicle, building,
house trailer, or | 26 | | dwelling place without the consent of the parent or lawful
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| 1 | | custodian of the child for other than a lawful purpose and | 2 | | the offense was
committed on or after January 1, 1998. | 3 | | (4) A violation or attempted violation of the following | 4 | | Section
of the Criminal Code of 1961 when the offense was | 5 | | committed on or after July
1, 1999: | 6 | | 10-4 (forcible detention, if the victim is under 18 | 7 | | years of age). | 8 | | (4.1) Involuntary manslaughter under Section 9-3 of | 9 | | the Criminal Code of 1961 where baby shaking was the | 10 | | proximate cause of death of the victim of the offense. | 11 | | (4.2) Endangering the life or health of a child under | 12 | | Section 12-21.6 of the Criminal Code of 1961 that results | 13 | | in the death of the child where baby shaking was the | 14 | | proximate cause of the death of the child. | 15 | | (4.3) Domestic battery resulting in bodily harm under | 16 | | Section 12-3.2 of the Criminal Code of 1961 when the | 17 | | defendant was 18 years or older and the victim was under 18 | 18 | | years of age and the offense was committed on or after July | 19 | | 26, 2010. | 20 | | (4.4) A violation or attempted violation of any of the
| 21 | | following Sections or clauses of the Criminal Code of 1961 | 22 | | when the victim was under 18 years of age and the offense | 23 | | was committed on or after (1) July 26, 2000 if the | 24 | | defendant was 18 years of age or older or (2) July 26, 2010 | 25 | | and the defendant was under the age of 18: | 26 | | 12-3.3 (aggravated domestic battery), |
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| 1 | | 12-3.05(a)(1), 12-3.05(d)(2), 12-3.05(f)(1), | 2 | | 12-4(a), 12-4(b)(1) or 12-4(b)(14) (aggravated | 3 | | battery), | 4 | | 12-3.05(a)(2) or 12-4.1 (heinous battery), | 5 | | 12-3.05(b) or 12-4.3 (aggravated battery of a | 6 | | child), | 7 | | 12-3.1(a-5) or 12-4.4 (aggravated battery of an | 8 | | unborn child), | 9 | | 12-33 (ritualized abuse of a child). | 10 | | (4.5) A violation or attempted violation of any of the
| 11 | | following Sections of the Criminal Code of 1961 when the | 12 | | victim was under 18 years of age and the offense was | 13 | | committed on or after (1) August 1, 2001 if the defendant | 14 | | was 18 years of age or older or (2) August 1, 2011 and the | 15 | | defendant was under the age of 18: | 16 | | 12-3.05(e)(1), (2), (3), or (4) or 12-4.2 | 17 | | (aggravated battery with a firearm), | 18 | | 12-3.05(e)(5), (6), (7), or (8) or 12-4.2-5 | 19 | | (aggravated battery with a machine gun), | 20 | | 12-11 (home invasion). | 21 | | (5) A violation of any former law of this State | 22 | | substantially equivalent
to any offense listed in this | 23 | | subsection (b). | 24 | | (b-5) For the purposes of this Section, "first degree | 25 | | murder of an adult" means first degree murder under Section 9-1 | 26 | | of the Criminal Code of 1961 when the victim was a person 18 |
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| 1 | | years of age or older at the time of the commission of the | 2 | | offense. | 3 | | (c) A conviction for an offense of federal law, Uniform | 4 | | Code of Military
Justice, or the law of another state
or a | 5 | | foreign country that is substantially equivalent to any offense | 6 | | listed
in subsections (b) and (c-5) of this Section shall
| 7 | | constitute a
conviction for the purpose
of this Act. | 8 | | (c-5) A person at least 17 years of age at the time of the | 9 | | commission of
the offense who is convicted of first degree | 10 | | murder under Section 9-1 of the
Criminal Code of 1961, against | 11 | | a person
under 18 years of age, shall be required to register
| 12 | | for natural life.
A conviction for an offense of federal, | 13 | | Uniform Code of Military Justice,
sister state, or foreign | 14 | | country law that is substantially equivalent to any
offense | 15 | | listed in this subsection (c-5) shall constitute a
conviction | 16 | | for the purpose of this Act. This subsection (c-5) applies to a | 17 | | person who committed the offense before June 1, 1996 only if | 18 | | the person is incarcerated in an Illinois Department of | 19 | | Corrections facility on August 20, 2004. | 20 | | (c-6) A person who is convicted or adjudicated delinquent | 21 | | of first degree murder of an adult shall be required to | 22 | | register for a period of 10 years after conviction or | 23 | | adjudication if not confined to a penal institution, hospital, | 24 | | or any other institution or facility, and if confined, for a | 25 | | period of 10 years after parole, discharge, or release from any | 26 | | such facility. A conviction for an offense of federal, Uniform |
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| 1 | | Code of Military Justice, sister state, or foreign country law | 2 | | that is substantially equivalent to any offense listed in | 3 | | subsection (c-6) of this Section shall constitute a conviction | 4 | | for the purpose of this Act. This subsection (c-6) does not | 5 | | apply to those individuals released from incarceration more | 6 | | than 10 years prior to January 1, 2012 ( the effective date of | 7 | | Public Act 97-154) this amendatory Act of the 97th General | 8 | | Assembly . | 9 | | (c-7) The registration of a person who was registered under | 10 | | this Act before the effective date of this amendatory Act of | 11 | | the 97th General Assembly for the commission of the offense of | 12 | | kidnapping, aggravated kidnapping, unlawful restraint, or | 13 | | aggravated unlawful restraint when the victim was a person | 14 | | under 18 years of age or for child abduction committed by | 15 | | luring or
attempting to lure a child under the age of 16 into a | 16 | | motor vehicle, building,
house trailer, or dwelling place | 17 | | without the consent of the parent or lawful
custodian of the | 18 | | child for other than a lawful purpose, shall be transferred to | 19 | | the Sex Offender Registry created under the Sex Offender | 20 | | Registration Act on the effective date of this amendatory Act | 21 | | of the 97th General Assembly. On and after the effective date | 22 | | of this amendatory Act of the 97th General Assembly, | 23 | | registration of a person who commits any of the offenses | 24 | | described in this subsection (c-7) shall be under the Sex | 25 | | Offender Registration Act and not this Act. | 26 | | (d) As used in this Act, "law enforcement agency having |
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| 1 | | jurisdiction"
means the Chief of Police in each of the | 2 | | municipalities in which the violent offender against youth
| 3 | | expects to reside, work, or attend school (1) upon his or her | 4 | | discharge,
parole or release or
(2) during the service of his | 5 | | or her sentence of probation or conditional
discharge, or the | 6 | | Sheriff of the county, in the event no Police Chief exists
or | 7 | | if the offender intends to reside, work, or attend school in an
| 8 | | unincorporated area.
"Law enforcement agency having | 9 | | jurisdiction" includes the location where
out-of-state | 10 | | students attend school and where out-of-state employees are
| 11 | | employed or are otherwise required to register. | 12 | | (e) As used in this Act, "supervising officer" means the | 13 | | assigned Illinois Department of Corrections parole agent or | 14 | | county probation officer. | 15 | | (f) As used in this Act, "out-of-state student" means any | 16 | | violent
offender against youth who is enrolled in Illinois, on | 17 | | a full-time or part-time
basis, in any public or private | 18 | | educational institution, including, but not
limited to, any | 19 | | secondary school, trade or professional institution, or
| 20 | | institution of higher learning. | 21 | | (g) As used in this Act, "out-of-state employee" means any | 22 | | violent
offender against youth who works in Illinois, | 23 | | regardless of whether the individual
receives payment for | 24 | | services performed, for a period of time of 10 or more days
or | 25 | | for an aggregate period of time of 30 or more days
during any | 26 | | calendar year.
Persons who operate motor vehicles in the State |
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| 1 | | accrue one day of employment
time for any portion of a day | 2 | | spent in Illinois. | 3 | | (h) As used in this Act, "school" means any public or | 4 | | private educational institution, including, but not limited | 5 | | to, any elementary or secondary school, trade or professional | 6 | | institution, or institution of higher education. | 7 | | (i) As used in this Act, "fixed residence" means any and | 8 | | all places that a violent offender against youth resides for an | 9 | | aggregate period of time of 5 or more days in a calendar year.
| 10 | | (j) As used in this Act, "baby shaking" means the
vigorous | 11 | | shaking of an infant or a young child that may result
in | 12 | | bleeding inside the head and cause one or more of the
following | 13 | | conditions: irreversible brain damage; blindness,
retinal | 14 | | hemorrhage, or eye damage; cerebral palsy; hearing
loss; spinal | 15 | | cord injury, including paralysis; seizures;
learning | 16 | | disability; central nervous system injury; closed
head injury; | 17 | | rib fracture; subdural hematoma; or death. | 18 | | (Source: P.A. 96-1115, eff. 1-1-11; 96-1294, eff. 7-26-10; | 19 | | 97-154, eff. 1-1-12; 97-333, eff. 8-12-11; 97-432, eff. | 20 | | 8-16-11; revised 10-4-11.) | 21 | | Section 99. Effective date. This Act takes effect January | 22 | | 1, 2013.".
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