Full Text of SB2235 98th General Assembly
SB2235sam002 98TH GENERAL ASSEMBLY | Sen. William R. Haine Filed: 4/9/2013
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| 1 | | AMENDMENT TO SENATE BILL 2235
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2235, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Sex Offender Registration Act is amended by | 6 | | changing Sections 3 and 10 as follows: | 7 | | (730 ILCS 150/3) | 8 | | Sec. 3. Duty to register.
| 9 | | (a) A sex offender, as defined in Section 2 of this Act, or | 10 | | sexual
predator shall, within the time period
prescribed in | 11 | | subsections (b) and (c), register in person
and provide | 12 | | accurate information as required by the Department of State
| 13 | | Police. Such information shall include a current photograph,
| 14 | | current address,
current place of employment, the sex | 15 | | offender's or sexual predator's telephone number, including | 16 | | cellular telephone number, the employer's telephone number, |
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| 1 | | school attended, all e-mail addresses, instant messaging | 2 | | identities, chat room identities, and other Internet | 3 | | communications identities that the sex offender uses or plans | 4 | | to use, all Uniform Resource Locators (URLs) registered or used | 5 | | by the sex offender, all blogs and other Internet sites | 6 | | maintained by the sex offender or to which the sex offender has | 7 | | uploaded any content or posted any messages or information, | 8 | | extensions of the time period for registering as provided in | 9 | | this Article and, if an extension was granted, the reason why | 10 | | the extension was granted and the date the sex offender was | 11 | | notified of the extension. The information shall also include a | 12 | | copy of the terms and conditions of parole or release signed by | 13 | | the sex offender and given to the sex offender by his or her | 14 | | supervising officer, the county of conviction, license plate | 15 | | numbers for every vehicle registered in the name of the sex | 16 | | offender, the age of the sex offender at the time of the | 17 | | commission of the offense, the age of the victim at the time of | 18 | | the commission of the offense, and any distinguishing marks | 19 | | located on the body of the sex offender. A sex offender | 20 | | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | 21 | | 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012 | 22 | | shall provide all Internet protocol (IP) addresses in his or | 23 | | her residence, registered in his or her name, accessible at his | 24 | | or her place of employment, or otherwise under his or her | 25 | | control or custody. If the sex offender is a child sex offender | 26 | | as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of |
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| 1 | | 1961 or the Criminal Code of 2012, the sex offender shall | 2 | | report to the registering agency whether he or she is living in | 3 | | a household with a child under 18 years of age who is not his or | 4 | | her own child, provided that his or her own child is not the | 5 | | victim of the sex offense. The sex offender or
sexual predator | 6 | | shall register:
| 7 | | (1) with the chief of police in the municipality in | 8 | | which he or she
resides or is temporarily domiciled for a | 9 | | period of time of 3 or more
days, unless the
municipality | 10 | | is the City of Chicago, in which case he or she shall | 11 | | register
at the Chicago Police Department Headquarters; or
| 12 | | (2) with the sheriff in the county in which
he or she | 13 | | resides or is
temporarily domiciled
for a period of time of | 14 | | 3 or more days in an unincorporated
area or, if | 15 | | incorporated, no police chief exists.
| 16 | | If the sex offender or sexual predator is employed at or | 17 | | attends an institution of higher education, he or she shall | 18 | | also register:
| 19 | | (i) with: | 20 | | (A) the chief of police in the municipality in | 21 | | which he or she is employed at or attends an | 22 | | institution of higher education, unless the | 23 | | municipality is the City of Chicago, in which case he | 24 | | or she shall register at the Chicago Police Department | 25 | | Headquarters; or | 26 | | (B) the sheriff in the county in which he or she is |
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| 1 | | employed or attends an institution of higher education | 2 | | located in an unincorporated area, or if incorporated, | 3 | | no police chief exists; and
| 4 | | (ii) with the public safety or security director of the | 5 | | institution of higher education which he or she is employed | 6 | | at or attends.
| 7 | | The registration fees shall only apply to the municipality | 8 | | or county of primary registration, and not to campus | 9 | | registration. | 10 | | For purposes of this Article, the place of residence or | 11 | | temporary
domicile is defined as any and all places where the | 12 | | sex offender resides
for an aggregate period of time of 3 or | 13 | | more days during any calendar year.
Any person required to | 14 | | register under this Article who lacks a fixed address or | 15 | | temporary domicile must notify, in person, the agency of | 16 | | jurisdiction of his or her last known address within 3 days | 17 | | after ceasing to have a fixed residence. | 18 | | A sex offender or sexual predator who is temporarily absent | 19 | | from his or her current address of registration for 3 or more | 20 | | days shall notify the law enforcement agency having | 21 | | jurisdiction of his or her current registration, including the | 22 | | itinerary for travel, in the manner provided in Section 6 of | 23 | | this Act for notification to the law enforcement agency having | 24 | | jurisdiction of change of address. | 25 | | Any person who lacks a fixed residence must report weekly, | 26 | | in person, with the sheriff's office of the county in which he |
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| 1 | | or she is located in an unincorporated area, or with the chief | 2 | | of police in the municipality in which he or she is located. | 3 | | The agency of jurisdiction will document each weekly | 4 | | registration to include all the locations where the person has | 5 | | stayed during the past 7 days.
| 6 | | The sex offender or sexual predator shall provide accurate | 7 | | information
as required by the Department of State Police. That | 8 | | information shall include
the sex offender's or sexual | 9 | | predator's current place of employment.
| 10 | | (a-5) An out-of-state student or out-of-state employee | 11 | | shall,
within 3 days after beginning school or employment in | 12 | | this State,
register in person and provide accurate information | 13 | | as required by the
Department of State Police. Such information | 14 | | will include current place of
employment, school attended, and | 15 | | address in state of residence. A sex offender convicted under | 16 | | Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the | 17 | | Criminal Code of 1961 or the Criminal Code of 2012 shall | 18 | | provide all Internet protocol (IP) addresses in his or her | 19 | | residence, registered in his or her name, accessible at his or | 20 | | her place of employment, or otherwise under his or her control | 21 | | or custody. The out-of-state student or out-of-state employee | 22 | | shall register:
| 23 | | (1) with: | 24 | | (A) the chief of police in the municipality in | 25 | | which he or she attends school or is employed for a | 26 | | period of time of 5
or more days or for an
aggregate |
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| 1 | | period of time of more than 30 days during any
calendar | 2 | | year, unless the
municipality is the City of Chicago, | 3 | | in which case he or she shall register at
the Chicago | 4 | | Police Department Headquarters; or
| 5 | | (B) the sheriff in the county in which
he or she | 6 | | attends school or is
employed for a period of time of 5 | 7 | | or more days or
for an aggregate period of
time of more | 8 | | than 30 days during any calendar year in an
| 9 | | unincorporated area
or, if incorporated, no police | 10 | | chief exists; and | 11 | | (2) with the public safety or security director of the | 12 | | institution of higher education he or she is employed at or | 13 | | attends for a period of time of 5 or more days or for an | 14 | | aggregate period of time of more than 30 days during a | 15 | | calendar year. | 16 | | The registration fees shall only apply to the municipality | 17 | | or county of primary registration, and not to campus | 18 | | registration. | 19 | | The out-of-state student or out-of-state employee shall | 20 | | provide accurate
information as required by the Department of | 21 | | State Police. That information
shall include the out-of-state | 22 | | student's current place of school attendance or
the | 23 | | out-of-state employee's current place of employment.
| 24 | | (a-10) Any law enforcement agency registering sex | 25 | | offenders or sexual predators in accordance with subsections | 26 | | (a) or (a-5) of this Section shall forward to the Attorney |
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| 1 | | General a copy of sex offender registration forms from persons | 2 | | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | 3 | | 11-21 of the Criminal Code of 1961 or the Criminal Code of | 4 | | 2012, including periodic and annual registrations under | 5 | | Section 6 of this Act. | 6 | | (b) Any sex offender, as defined in Section 2 of this Act, | 7 | | or sexual
predator, regardless of any initial,
prior, or other | 8 | | registration, shall, within 3 days of beginning school,
or | 9 | | establishing a
residence, place of employment, or temporary | 10 | | domicile in
any county, register in person as set forth in | 11 | | subsection (a)
or (a-5).
| 12 | | (c) The registration for any person required to register | 13 | | under this
Article shall be as follows:
| 14 | | (1) Any person registered under the Habitual Child Sex | 15 | | Offender
Registration Act or the Child Sex Offender | 16 | | Registration Act prior to January
1, 1996, shall be deemed | 17 | | initially registered as of January 1, 1996; however,
this | 18 | | shall not be construed to extend the duration of | 19 | | registration set forth
in Section 7.
| 20 | | (2) Except as provided in subsection (c)(2.1) or | 21 | | (c)(4), any person convicted or
adjudicated prior to | 22 | | January 1, 1996, whose liability for registration under
| 23 | | Section 7 has not expired, shall register in person prior | 24 | | to January 31,
1996.
| 25 | | (2.1) A sex offender or sexual predator, who has never | 26 | | previously been required to register under this Act, has a |
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| 1 | | duty to register if the person has been convicted of any | 2 | | felony offense after July 1, 2011. A person who previously | 3 | | was required to register under this Act for a period of 10 | 4 | | years and successfully completed that registration period | 5 | | has a duty to register if: (i) the person has been | 6 | | convicted of any felony offense after July 1, 2011, and | 7 | | (ii) the offense for which the 10 year registration was | 8 | | served currently requires a registration period of more | 9 | | than 10 years. Notification of an offender's duty to | 10 | | register under this subsection shall be pursuant to Section | 11 | | 5-7 of this Act. | 12 | | (2.5) Except as provided in subsection (c)(4), any | 13 | | person who has not
been notified of his or her | 14 | | responsibility to register shall be notified by a
criminal | 15 | | justice entity of his or her responsibility to register. | 16 | | Upon
notification the person must then register within 3 | 17 | | days of notification of
his or her requirement to register. | 18 | | Except as provided in subsection (c)(2.1), if notification | 19 | | is not made within the
offender's 10 year registration | 20 | | requirement, and the Department of State
Police determines | 21 | | no evidence exists or indicates the offender attempted to
| 22 | | avoid registration, the offender will no longer be required | 23 | | to register under
this Act.
| 24 | | (3) Except as provided in subsection (c)(4), any person | 25 | | convicted on
or after January 1, 1996, shall register in | 26 | | person within 3 days after the
entry of the sentencing |
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| 1 | | order based upon his or her conviction.
| 2 | | (4) Any person unable to comply with the registration | 3 | | requirements of
this Article because he or she is confined, | 4 | | institutionalized,
or imprisoned in Illinois on or after | 5 | | January 1, 1996, shall register in person
within 3 days of | 6 | | discharge, parole or release.
| 7 | | (5) The person shall provide positive identification | 8 | | and documentation
that substantiates proof of residence at | 9 | | the registering address.
| 10 | | (6) The person shall pay a $100
initial registration | 11 | | fee at the time of initial registration and at the time of | 12 | | each annual registration renewal to the registering law | 13 | | enforcement agency having jurisdiction. If the person is | 14 | | unable to pay the full amount of the fee in one lump sum, | 15 | | the registering law enforcement agency may establish a | 16 | | payment plan. If the person signs a statement under penalty | 17 | | of perjury affirming the person is indigent and unable to | 18 | | pay the registration fee in a lump sum or installments, the | 19 | | person shall perform 100 hours of community service within | 20 | | 90 days of registration, if community service is available. | 21 | | Thirty-five dollars of the $100 fee shall be retained and | 22 | | and
a $100
annual
renewal fee. The fees shall be used by | 23 | | the registering agency for official
purposes. The agency | 24 | | shall establish procedures to document receipt and use
of | 25 | | the funds.
The law enforcement agency having jurisdiction | 26 | | may waive the registration fee
if it determines that the |
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| 1 | | person is indigent and unable to pay the registration
fee. | 2 | | Thirty-five
dollars for the initial registration fee and | 3 | | $35 of the annual renewal fee
shall be used by the | 4 | | registering agency for official purposes. Having retained | 5 | | $35 of the initial registration fee and $35 of the annual | 6 | | renewal fee, the registering agency shall remit the | 7 | | remaining $65 of the fee to State agencies within 30 days | 8 | | of receipt for deposit into the State funds as follows: | 9 | | (A) Five dollars of
the initial registration fee | 10 | | and $5 of the annual fee shall be remitted to the State | 11 | | Treasurer who shall deposit the moneys deposited into
| 12 | | the Sex Offender Management Board Fund under Section 19 | 13 | | of the Sex Offender
Management Board Act. Money | 14 | | deposited into the Sex Offender Management Board
Fund | 15 | | shall be administered by the Sex Offender Management | 16 | | Board and shall be
used by the Board to comply with the | 17 | | provisions of the Sex Offender Management Board Act.
| 18 | | (B) Thirty dollars of the initial registration fee | 19 | | and $30 of the annual renewal fee shall be remitted to | 20 | | the Department of State Police who shall deposit the | 21 | | moneys deposited into the Sex Offender Registration | 22 | | Fund and shall be used by the Department of State | 23 | | Police to maintain and update the Illinois State Police | 24 | | Sex Offender Registry. | 25 | | (C) Thirty dollars of the initial registration fee | 26 | | and $30 of the annual renewal fee shall be remitted to |
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| 1 | | the Attorney General who shall deposit the moneys | 2 | | deposited into the Attorney General Sex Offender | 3 | | Awareness, Training, and Education Fund. Moneys | 4 | | deposited into the Fund shall be used by the Attorney | 5 | | General to administer the I-SORT program and to alert | 6 | | and educate the public, victims, and witnesses of their | 7 | | rights under various victim notification laws and for | 8 | | training law enforcement agencies, State's Attorneys, | 9 | | and medical providers of their legal duties concerning | 10 | | the prosecution and investigation of sex offenses. | 11 | | The registering agency shall establish procedures to | 12 | | document the receipt and remittance of the $100 initial | 13 | | registration fee and $100 annual renewal fee. | 14 | | (d) Within 3 days after obtaining or changing employment | 15 | | and, if employed
on January 1, 2000, within 5 days after that | 16 | | date, a person required to
register under this Section must | 17 | | report, in person to the law
enforcement agency having | 18 | | jurisdiction, the business name and address where he
or she is | 19 | | employed. If the person has multiple businesses or work | 20 | | locations,
every business and work location must be reported to | 21 | | the law enforcement agency
having jurisdiction.
| 22 | | (Source: P.A. 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; | 23 | | 96-1097, eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. | 24 | | 1-1-11; 96-1551, eff. 7-1-11; 97-155, eff 1-1-12; 97-333, eff. | 25 | | 8-12-11; 97-578, eff. 1-1-12; 97-1098, eff. 1-1-13; 97-1109, | 26 | | eff. 1-1-13; 97-1150, eff. 1-25-13.)
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| 1 | | (730 ILCS 150/10) (from Ch. 38, par. 230)
| 2 | | Sec. 10. Penalty.
| 3 | | (a) Any person who is required to register under this | 4 | | Article who fails to comply with paragraph (6) of subsection | 5 | | (c) of Section 3 is guilty of a Class 4 felony. Any person who | 6 | | is required to register under this
Article who violates any of | 7 | | the provisions of this Article , except paragraph (6) of | 8 | | subsection (c) of Section 3, is guilty of a Class 3 felony. Any | 9 | | and any person
who is required to register under this Article | 10 | | who seeks to change his or her
name under Article 21 of the | 11 | | Code of Civil Procedure is guilty of a Class 3
felony.
Any | 12 | | person who is convicted for a violation of this Act for a | 13 | | second or subsequent time is guilty of a Class 2 felony. Any | 14 | | person who is required to register under this Article who
| 15 | | knowingly or wilfully gives material information required by | 16 | | this Article that
is false is guilty of a Class 3 felony.
Any | 17 | | person convicted of a violation of any provision of this | 18 | | Article
shall, in addition to any other penalty required by | 19 | | law, be required to serve a
minimum period of 7 days | 20 | | confinement in the local county jail. The court shall
impose a | 21 | | mandatory minimum fine of $500 for failure to comply with any
| 22 | | provision of this Article , except paragraph (6) of subsection | 23 | | (c) of Section 3 . These fines shall be deposited in the Sex | 24 | | Offender
Registration Fund. Any sex offender, as defined in | 25 | | Section 2 of this Act,
or sexual predator who violates any
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| 1 | | provision of this Article may be arrested and
tried in any | 2 | | Illinois county where the sex
offender can be located. The | 3 | | local police department or sheriff's office is not required to | 4 | | determine whether the person is living within its jurisdiction.
| 5 | | (b) Any person, not covered by privilege under Part 8 of | 6 | | Article VIII of the Code of Civil Procedure or the Illinois | 7 | | Supreme Court's Rules of Professional Conduct, who has reason | 8 | | to believe that a sexual predator is not complying, or has not | 9 | | complied, with the requirements of this Article and who, with | 10 | | the intent to assist the sexual predator in eluding a law | 11 | | enforcement agency that is seeking to find the sexual predator | 12 | | to question the sexual predator about, or to arrest the sexual | 13 | | predator for, his or her noncompliance with the requirements of | 14 | | this Article is guilty of a Class 3 felony if he or she: | 15 | | (1) provides false information to the law enforcement | 16 | | agency having jurisdiction about the sexual predator's | 17 | | noncompliance with the requirements of this Article, and, | 18 | | if known, the whereabouts of the sexual predator; | 19 | | (2) harbors, or attempts to harbor, or assists another | 20 | | person in harboring or attempting to harbor, the sexual | 21 | | predator; or | 22 | | (3) conceals or attempts to conceal, or assists another | 23 | | person in concealing or attempting to conceal, the sexual | 24 | | predator. | 25 | | (c) Subsection (b) does not apply if the sexual predator is | 26 | | incarcerated in or is in the custody of a State correctional |
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| 1 | | facility, a private correctional facility, a county or | 2 | | municipal jail, a State mental health facility or a State | 3 | | treatment and detention facility, or a federal correctional | 4 | | facility.
| 5 | | (d) Subsections (a) and (b) do not apply if the sex | 6 | | offender accurately registered his or her Internet protocol | 7 | | address under this Act, and the address subsequently changed | 8 | | without his or her knowledge or intent.
| 9 | | (Source: P.A. 94-168, eff. 1-1-06; 94-988, eff. 1-1-07; 95-579, | 10 | | eff. 6-1-08 .)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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