|
Sen. William R. Haine
Filed: 3/14/2013
| | 09800SB2235sam001 | | LRB098 08605 RLC 42885 a |
|
|
1 | | AMENDMENT TO SENATE BILL 2235
|
2 | | AMENDMENT NO. ______. Amend Senate Bill 2235 by replacing |
3 | | lines 6 through 23 on page 1, all of pages 2 through 11, and |
4 | | lines 1 through 7 on page 12 with the following:
|
5 | | "(730 ILCS 150/3) |
6 | | Sec. 3. Duty to register.
|
7 | | (a) A sex offender, as defined in Section 2 of this Act, or |
8 | | sexual
predator shall, within the time period
prescribed in |
9 | | subsections (b) and (c), register in person
and provide |
10 | | accurate information as required by the Department of State
|
11 | | Police. Such information shall include a current photograph,
|
12 | | current address,
current place of employment, the sex |
13 | | offender's or sexual predator's telephone number, including |
14 | | cellular telephone number, the employer's telephone number, |
15 | | school attended, all e-mail addresses, instant messaging |
16 | | identities, chat room identities, and other Internet |
17 | | communications identities that the sex offender uses or plans |
|
| | 09800SB2235sam001 | - 2 - | LRB098 08605 RLC 42885 a |
|
|
1 | | to use, all Uniform Resource Locators (URLs) registered or used |
2 | | by the sex offender, all blogs and other Internet sites |
3 | | maintained by the sex offender or to which the sex offender has |
4 | | uploaded any content or posted any messages or information, |
5 | | extensions of the time period for registering as provided in |
6 | | this Article and, if an extension was granted, the reason why |
7 | | the extension was granted and the date the sex offender was |
8 | | notified of the extension. The information shall also include a |
9 | | copy of the terms and conditions of parole or release signed by |
10 | | the sex offender and given to the sex offender by his or her |
11 | | supervising officer, the county of conviction, license plate |
12 | | numbers for every vehicle registered in the name of the sex |
13 | | offender, the age of the sex offender at the time of the |
14 | | commission of the offense, the age of the victim at the time of |
15 | | the commission of the offense, and any distinguishing marks |
16 | | located on the body of the sex offender. A sex offender |
17 | | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or |
18 | | 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012 |
19 | | shall provide all Internet protocol (IP) addresses in his or |
20 | | her residence, registered in his or her name, accessible at his |
21 | | or her place of employment, or otherwise under his or her |
22 | | control or custody. If the sex offender is a child sex offender |
23 | | as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of |
24 | | 1961 or the Criminal Code of 2012, the sex offender shall |
25 | | report to the registering agency whether he or she is living in |
26 | | a household with a child under 18 years of age who is not his or |
|
| | 09800SB2235sam001 | - 3 - | LRB098 08605 RLC 42885 a |
|
|
1 | | her own child, provided that his or her own child is not the |
2 | | victim of the sex offense. The sex offender or
sexual predator |
3 | | shall register:
|
4 | | (1) with the chief of police in the municipality in |
5 | | which he or she
resides or is temporarily domiciled for a |
6 | | period of time of 3 or more
days, unless the
municipality |
7 | | is the City of Chicago, in which case he or she shall |
8 | | register
at the Chicago Police Department Headquarters; or
|
9 | | (2) with the sheriff in the county in which
he or she |
10 | | resides or is
temporarily domiciled
for a period of time of |
11 | | 3 or more days in an unincorporated
area or, if |
12 | | incorporated, no police chief exists.
|
13 | | If the sex offender or sexual predator is employed at or |
14 | | attends an institution of higher education, he or she shall |
15 | | also register:
|
16 | | (i) with: |
17 | | (A) the chief of police in the municipality in |
18 | | which he or she is employed at or attends an |
19 | | institution of higher education, unless the |
20 | | municipality is the City of Chicago, in which case he |
21 | | or she shall register at the Chicago Police Department |
22 | | Headquarters; or |
23 | | (B) the sheriff in the county in which he or she is |
24 | | employed or attends an institution of higher education |
25 | | located in an unincorporated area, or if incorporated, |
26 | | no police chief exists; and
|
|
| | 09800SB2235sam001 | - 4 - | LRB098 08605 RLC 42885 a |
|
|
1 | | (ii) with the public safety or security director of the |
2 | | institution of higher education which he or she is employed |
3 | | at or attends.
|
4 | | The registration fees shall only apply to the municipality |
5 | | or county of primary registration, and not to campus |
6 | | registration. |
7 | | For purposes of this Article, the place of residence or |
8 | | temporary
domicile is defined as any and all places where the |
9 | | sex offender resides
for an aggregate period of time of 3 or |
10 | | more days during any calendar year.
Any person required to |
11 | | register under this Article who lacks a fixed address or |
12 | | temporary domicile must notify, in person, the agency of |
13 | | jurisdiction of his or her last known address within 3 days |
14 | | after ceasing to have a fixed residence. |
15 | | A sex offender or sexual predator who is temporarily absent |
16 | | from his or her current address of registration for 3 or more |
17 | | days shall notify the law enforcement agency having |
18 | | jurisdiction of his or her current registration, including the |
19 | | itinerary for travel, in the manner provided in Section 6 of |
20 | | this Act for notification to the law enforcement agency having |
21 | | jurisdiction of change of address. |
22 | | Any person who lacks a fixed residence must report weekly, |
23 | | in person, with the sheriff's office of the county in which he |
24 | | or she is located in an unincorporated area, or with the chief |
25 | | of police in the municipality in which he or she is located. |
26 | | The agency of jurisdiction will document each weekly |
|
| | 09800SB2235sam001 | - 5 - | LRB098 08605 RLC 42885 a |
|
|
1 | | registration to include all the locations where the person has |
2 | | stayed during the past 7 days.
|
3 | | The sex offender or sexual predator shall provide accurate |
4 | | information
as required by the Department of State Police. That |
5 | | information shall include
the sex offender's or sexual |
6 | | predator's current place of employment.
|
7 | | (a-5) An out-of-state student or out-of-state employee |
8 | | shall,
within 3 days after beginning school or employment in |
9 | | this State,
register in person and provide accurate information |
10 | | as required by the
Department of State Police. Such information |
11 | | will include current place of
employment, school attended, and |
12 | | address in state of residence. A sex offender convicted under |
13 | | Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the |
14 | | Criminal Code of 1961 or the Criminal Code of 2012 shall |
15 | | provide all Internet protocol (IP) addresses in his or her |
16 | | residence, registered in his or her name, accessible at his or |
17 | | her place of employment, or otherwise under his or her control |
18 | | or custody. The out-of-state student or out-of-state employee |
19 | | shall register:
|
20 | | (1) with: |
21 | | (A) the chief of police in the municipality in |
22 | | which he or she attends school or is employed for a |
23 | | period of time of 5
or more days or for an
aggregate |
24 | | period of time of more than 30 days during any
calendar |
25 | | year, unless the
municipality is the City of Chicago, |
26 | | in which case he or she shall register at
the Chicago |
|
| | 09800SB2235sam001 | - 6 - | LRB098 08605 RLC 42885 a |
|
|
1 | | Police Department Headquarters; or
|
2 | | (B) the sheriff in the county in which
he or she |
3 | | attends school or is
employed for a period of time of 5 |
4 | | or more days or
for an aggregate period of
time of more |
5 | | than 30 days during any calendar year in an
|
6 | | unincorporated area
or, if incorporated, no police |
7 | | chief exists; and |
8 | | (2) with the public safety or security director of the |
9 | | institution of higher education he or she is employed at or |
10 | | attends for a period of time of 5 or more days or for an |
11 | | aggregate period of time of more than 30 days during a |
12 | | calendar year. |
13 | | The registration fees shall only apply to the municipality |
14 | | or county of primary registration, and not to campus |
15 | | registration. |
16 | | 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.
|
21 | | (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, 11-20.1B, 11-20.3, or |
26 | | 11-21 of the Criminal Code of 1961 or the Criminal Code of |
|
| | 09800SB2235sam001 | - 7 - | LRB098 08605 RLC 42885 a |
|
|
1 | | 2012, including periodic and annual registrations under |
2 | | Section 6 of this Act. |
3 | | (b) Any sex offender, as defined in Section 2 of this Act, |
4 | | or sexual
predator, regardless of any initial,
prior, or other |
5 | | registration, shall, within 3 days of beginning school,
or |
6 | | establishing a
residence, place of employment, or temporary |
7 | | domicile in
any county, register in person as set forth in |
8 | | subsection (a)
or (a-5).
|
9 | | (c) The registration for any person required to register |
10 | | under this
Article shall be as follows:
|
11 | | (1) Any person registered under the Habitual Child Sex |
12 | | Offender
Registration Act or the Child Sex Offender |
13 | | Registration Act prior to January
1, 1996, shall be deemed |
14 | | initially registered as of January 1, 1996; however,
this |
15 | | shall not be construed to extend the duration of |
16 | | registration set forth
in Section 7.
|
17 | | (2) Except as provided in subsection (c)(2.1) or |
18 | | (c)(4), any person convicted or
adjudicated prior to |
19 | | January 1, 1996, whose liability for registration under
|
20 | | Section 7 has not expired, shall register in person prior |
21 | | to January 31,
1996.
|
22 | | (2.1) A sex offender or sexual predator, who has never |
23 | | previously been required to register under this Act, has a |
24 | | duty to register if the person has been convicted of any |
25 | | felony offense after July 1, 2011. A person who previously |
26 | | was required to register under this Act for a period of 10 |
|
| | 09800SB2235sam001 | - 8 - | LRB098 08605 RLC 42885 a |
|
|
1 | | years and successfully completed that registration period |
2 | | has a duty to register if: (i) the person has been |
3 | | convicted of any felony offense after July 1, 2011, and |
4 | | (ii) the offense for which the 10 year registration was |
5 | | served currently requires a registration period of more |
6 | | than 10 years. Notification of an offender's duty to |
7 | | register under this subsection shall be pursuant to Section |
8 | | 5-7 of this Act. |
9 | | (2.5) Except as provided in subsection (c)(4), any |
10 | | person who has not
been notified of his or her |
11 | | responsibility to register shall be notified by a
criminal |
12 | | justice entity of his or her responsibility to register. |
13 | | Upon
notification the person must then register within 3 |
14 | | days of notification of
his or her requirement to register. |
15 | | Except as provided in subsection (c)(2.1), if notification |
16 | | is not made within the
offender's 10 year registration |
17 | | requirement, and the Department of State
Police determines |
18 | | no evidence exists or indicates the offender attempted to
|
19 | | avoid registration, the offender will no longer be required |
20 | | to register under
this Act.
|
21 | | (3) Except as provided in subsection (c)(4), any person |
22 | | convicted on
or after January 1, 1996, shall register in |
23 | | person within 3 days after the
entry of the sentencing |
24 | | order based upon his or her conviction.
|
25 | | (4) Any person unable to comply with the registration |
26 | | requirements of
this Article because he or she is confined, |
|
| | 09800SB2235sam001 | - 9 - | LRB098 08605 RLC 42885 a |
|
|
1 | | institutionalized,
or imprisoned in Illinois on or after |
2 | | January 1, 1996, shall register in person
within 3 days of |
3 | | discharge, parole or release.
|
4 | | (5) The person shall provide positive identification |
5 | | and documentation
that substantiates proof of residence at |
6 | | the registering address.
|
7 | | (6) The person shall pay a $100
initial registration |
8 | | fee and
a $100
annual
renewal fee to the registering law |
9 | | enforcement agency having jurisdiction . The fees shall be |
10 | | used by the registering agency for official
purposes. The |
11 | | agency shall establish procedures to document receipt and |
12 | | use
of the funds.
The registering agency law enforcement |
13 | | agency having jurisdiction may waive the registration fee
|
14 | | if it determines that the person is indigent and unable to |
15 | | pay the registration
fee. Thirty-five
dollars for the |
16 | | initial registration fee and $35 of the annual renewal fee
|
17 | | shall be retained and used by the registering agency for |
18 | | official purposes. Having retained $35 of the initial |
19 | | registration fee and $35 of the annual renewal fee, the |
20 | | registering agency shall remit the remainder of the fee to |
21 | | State agencies within 30 days of receipt for deposit into |
22 | | the State funds as follows: |
23 | | (A) Five dollars of
the initial registration fee |
24 | | and $5 of the annual fee shall be remitted to the State |
25 | | Treasurer who shall deposit the moneys deposited into
|
26 | | the Sex Offender Management Board Fund under Section 19 |
|
| | 09800SB2235sam001 | - 10 - | LRB098 08605 RLC 42885 a |
|
|
1 | | of the Sex Offender
Management Board Act. Money |
2 | | deposited into the Sex Offender Management Board
Fund |
3 | | shall be administered by the Sex Offender Management |
4 | | Board and shall be
used by the Board to comply with the |
5 | | provisions of the Sex Offender Management Board Act.
|
6 | | (B) Thirty dollars of the initial registration fee |
7 | | and $30 of the annual renewal fee shall be remitted to |
8 | | the Department of State Police who shall deposit the |
9 | | moneys deposited into the Sex Offender Registration |
10 | | Fund and shall be used by the Department of State |
11 | | Police to maintain and update the Illinois State Police |
12 | | Sex Offender Registry. |
13 | | (C) Thirty dollars of the initial registration fee |
14 | | and $30 of the annual renewal fee shall be remitted to |
15 | | the Attorney General who shall deposit the moneys |
16 | | deposited into the Attorney General Sex Offender |
17 | | Awareness, Training, and Education Fund. Moneys |
18 | | deposited into the Fund shall be used by the Attorney |
19 | | General to administer the I-SORT program and to alert |
20 | | and educate the public, victims, and witnesses of their |
21 | | rights under various victim notification laws and for |
22 | | training law enforcement agencies, State's Attorneys, |
23 | | and medical providers of their legal duties concerning |
24 | | the prosecution and investigation of sex offenses. |
25 | | The registering agency shall establish procedures to |
26 | | document the receipt and remittance of the $100 initial |
|
| | 09800SB2235sam001 | - 11 - | LRB098 08605 RLC 42885 a |
|
|
1 | | registration fee and $100 annual renewal fee. |
2 | | (d) Within 3 days after obtaining or changing employment |
3 | | and, if employed
on January 1, 2000, within 5 days after that |
4 | | date, a person required to
register under this Section must |
5 | | report, in person to the law
enforcement agency having |
6 | | jurisdiction, the business name and address where he
or she is |
7 | | employed. If the person has multiple businesses or work |
8 | | locations,
every business and work location must be reported to |
9 | | the law enforcement agency
having jurisdiction.
|
10 | | (Source: P.A. 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; |
11 | | 96-1097, eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. |
12 | | 1-1-11; 96-1551, eff. 7-1-11; 97-155, eff 1-1-12; 97-333, eff. |
13 | | 8-12-11; 97-578, eff. 1-1-12; 97-1098, eff. 1-1-13; 97-1109, |
14 | | eff. 1-1-13; 97-1150, eff. 1-25-13.)".
|