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Full Text of SB1759  100th General Assembly

SB1759 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1759

 

Introduced 2/9/2017, by Sen. Bill Cunningham

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 150/2  from Ch. 38, par. 222
730 ILCS 150/3
730 ILCS 150/6

    Amends the Sex Offender Registration Act. Provides that a Department of Corrections issued identification card, in addition to other government-issued identification, shall be sufficient to provide accurate information of the person's residence for purposes of registration or renewal under the Act. Provides that if an offender is released from custody and placed in a hospital, nursing home, or other in-patient facility required as a condition of mandatory release or probation, the person shall register that address as his or her fixed residence. Provides that a person that has been adjudicated to be a sexually dangerous or is a sexually violent person and is later released, or found to be no longer sexually dangerous or no longer a sexually violent person and discharged, or convicted of a violation of the Act after July 1, 2005, shall register (rather than report) in person to the law enforcement agency with whom he or she last registered no later than 90 days after the date of his or her last registration and every 90 days thereafter and at such other times at the request of the law enforcement agency not to exceed 4 times a year. Provides that any other person who is required to register under the Article shall register (rather than report) in person to the appropriate law enforcement agency with whom he or she last registered within one year from the date of last registration and every year thereafter and at such other times at the request of the law enforcement agency not to exceed 4 times a year.


LRB100 11326 SLF 21701 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1759LRB100 11326 SLF 21701 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Sex Offender Registration Act is amended by
5changing Sections 2, 3, and 6 as follows:
 
6    (730 ILCS 150/2)  (from Ch. 38, par. 222)
7    Sec. 2. Definitions.
8    (A) As used in this Article, "sex offender" means any
9person who is:
10        (1) charged pursuant to Illinois law, or any
11    substantially similar federal, Uniform Code of Military
12    Justice, sister state, or foreign country law, with a sex
13    offense set forth in subsection (B) of this Section or the
14    attempt to commit an included sex offense, and:
15            (a) is convicted of such offense or an attempt to
16        commit such offense; or
17            (b) is found not guilty by reason of insanity of
18        such offense or an attempt to commit such offense; or
19            (c) is found not guilty by reason of insanity
20        pursuant to Section 104-25(c) of the Code of Criminal
21        Procedure of 1963 of such offense or an attempt to
22        commit such offense; or
23            (d) is the subject of a finding not resulting in an

 

 

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1        acquittal at a hearing conducted pursuant to Section
2        104-25(a) of the Code of Criminal Procedure of 1963 for
3        the alleged commission or attempted commission of such
4        offense; or
5            (e) is found not guilty by reason of insanity
6        following a hearing conducted pursuant to a federal,
7        Uniform Code of Military Justice, sister state, or
8        foreign country law substantially similar to Section
9        104-25(c) of the Code of Criminal Procedure of 1963 of
10        such offense or of the attempted commission of such
11        offense; or
12            (f) is the subject of a finding not resulting in an
13        acquittal at a hearing conducted pursuant to a federal,
14        Uniform Code of Military Justice, sister state, or
15        foreign country law substantially similar to Section
16        104-25(a) of the Code of Criminal Procedure of 1963 for
17        the alleged violation or attempted commission of such
18        offense; or
19        (2) declared as a sexually dangerous person pursuant to
20    the Illinois Sexually Dangerous Persons Act, or any
21    substantially similar federal, Uniform Code of Military
22    Justice, sister state, or foreign country law; or
23        (3) subject to the provisions of Section 2 of the
24    Interstate Agreements on Sexually Dangerous Persons Act;
25    or
26        (4) found to be a sexually violent person pursuant to

 

 

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1    the Sexually Violent Persons Commitment Act or any
2    substantially similar federal, Uniform Code of Military
3    Justice, sister state, or foreign country law; or
4        (5) adjudicated a juvenile delinquent as the result of
5    committing or attempting to commit an act which, if
6    committed by an adult, would constitute any of the offenses
7    specified in item (B), (C), or (C-5) of this Section or a
8    violation of any substantially similar federal, Uniform
9    Code of Military Justice, sister state, or foreign country
10    law, or found guilty under Article V of the Juvenile Court
11    Act of 1987 of committing or attempting to commit an act
12    which, if committed by an adult, would constitute any of
13    the offenses specified in item (B), (C), or (C-5) of this
14    Section or a violation of any substantially similar
15    federal, Uniform Code of Military Justice, sister state, or
16    foreign country law.
17    Convictions that result from or are connected with the same
18act, or result from offenses committed at the same time, shall
19be counted for the purpose of this Article as one conviction.
20Any conviction set aside pursuant to law is not a conviction
21for purposes of this Article.
22     For purposes of this Section, "convicted" shall have the
23same meaning as "adjudicated".
24    (B) As used in this Article, "sex offense" means:
25        (1) A violation of any of the following Sections of the
26    Criminal Code of 1961 or the Criminal Code of 2012:

 

 

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1            11-20.1 (child pornography),
2            11-20.1B or 11-20.3 (aggravated child
3        pornography),
4            11-6 (indecent solicitation of a child),
5            11-9.1 (sexual exploitation of a child),
6            11-9.2 (custodial sexual misconduct),
7            11-9.5 (sexual misconduct with a person with a
8        disability),
9            11-14.4 (promoting juvenile prostitution),
10            11-15.1 (soliciting for a juvenile prostitute),
11            11-18.1 (patronizing a juvenile prostitute),
12            11-17.1 (keeping a place of juvenile
13        prostitution),
14            11-19.1 (juvenile pimping),
15            11-19.2 (exploitation of a child),
16            11-25 (grooming),
17            11-26 (traveling to meet a minor),
18            11-1.20 or 12-13 (criminal sexual assault),
19            11-1.30 or 12-14 (aggravated criminal sexual
20        assault),
21            11-1.40 or 12-14.1 (predatory criminal sexual
22        assault of a child),
23            11-1.50 or 12-15 (criminal sexual abuse),
24            11-1.60 or 12-16 (aggravated criminal sexual
25        abuse),
26            12-33 (ritualized abuse of a child).

 

 

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1            An attempt to commit any of these offenses.
2        (1.5) A violation of any of the following Sections of
3    the Criminal Code of 1961 or the Criminal Code of 2012,
4    when the victim is a person under 18 years of age, the
5    defendant is not a parent of the victim, the offense was
6    sexually motivated as defined in Section 10 of the Sex
7    Offender Evaluation and Treatment Act, and the offense was
8    committed on or after January 1, 1996:
9            10-1 (kidnapping),
10            10-2 (aggravated kidnapping),
11            10-3 (unlawful restraint),
12            10-3.1 (aggravated unlawful restraint).
13        If the offense was committed before January 1, 1996, it
14    is a sex offense requiring registration only when the
15    person is convicted of any felony after July 1, 2011, and
16    paragraph (2.1) of subsection (c) of Section 3 of this Act
17    applies.
18        (1.6) First degree murder under Section 9-1 of the
19    Criminal Code of 1961 or the Criminal Code of 2012,
20    provided the offense was sexually motivated as defined in
21    Section 10 of the Sex Offender Management Board Act.
22        (1.7) (Blank).
23        (1.8) A violation or attempted violation of Section
24    11-11 (sexual relations within families) of the Criminal
25    Code of 1961 or the Criminal Code of 2012, and the offense
26    was committed on or after June 1, 1997. If the offense was

 

 

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1    committed before June 1, 1997, it is a sex offense
2    requiring registration only when the person is convicted of
3    any felony after July 1, 2011, and paragraph (2.1) of
4    subsection (c) of Section 3 of this Act applies.
5        (1.9) Child abduction under paragraph (10) of
6    subsection (b) of Section 10-5 of the Criminal Code of 1961
7    or the Criminal Code of 2012 committed by luring or
8    attempting to lure a child under the age of 16 into a motor
9    vehicle, building, house trailer, or dwelling place
10    without the consent of the parent or lawful custodian of
11    the child for other than a lawful purpose and the offense
12    was committed on or after January 1, 1998, provided the
13    offense was sexually motivated as defined in Section 10 of
14    the Sex Offender Management Board Act. If the offense was
15    committed before January 1, 1998, it is a sex offense
16    requiring registration only when the person is convicted of
17    any felony after July 1, 2011, and paragraph (2.1) of
18    subsection (c) of Section 3 of this Act applies.
19        (1.10) A violation or attempted violation of any of the
20    following Sections of the Criminal Code of 1961 or the
21    Criminal Code of 2012 when the offense was committed on or
22    after July 1, 1999:
23            10-4 (forcible detention, if the victim is under 18
24        years of age), provided the offense was sexually
25        motivated as defined in Section 10 of the Sex Offender
26        Management Board Act,

 

 

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1            11-6.5 (indecent solicitation of an adult),
2            11-14.3 that involves soliciting for a prostitute,
3        or 11-15 (soliciting for a prostitute, if the victim is
4        under 18 years of age),
5            subdivision (a)(2)(A) or (a)(2)(B) of Section
6        11-14.3, or Section 11-16 (pandering, if the victim is
7        under 18 years of age),
8            11-18 (patronizing a prostitute, if the victim is
9        under 18 years of age),
10            subdivision (a)(2)(C) of Section 11-14.3, or
11        Section 11-19 (pimping, if the victim is under 18 years
12        of age).
13        If the offense was committed before July 1, 1999, it is
14    a sex offense requiring registration only when the person
15    is convicted of any felony after July 1, 2011, and
16    paragraph (2.1) of subsection (c) of Section 3 of this Act
17    applies.
18        (1.11) A violation or attempted violation of any of the
19    following Sections of the Criminal Code of 1961 or the
20    Criminal Code of 2012 when the offense was committed on or
21    after August 22, 2002:
22            11-9 or 11-30 (public indecency for a third or
23        subsequent conviction).
24        If the third or subsequent conviction was imposed
25    before August 22, 2002, it is a sex offense requiring
26    registration only when the person is convicted of any

 

 

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1    felony after July 1, 2011, and paragraph (2.1) of
2    subsection (c) of Section 3 of this Act applies.
3        (1.12) A violation or attempted violation of Section
4    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
5    Criminal Code of 1961 or the Criminal Code of 2012
6    (permitting sexual abuse) when the offense was committed on
7    or after August 22, 2002. If the offense was committed
8    before August 22, 2002, it is a sex offense requiring
9    registration only when the person is convicted of any
10    felony after July 1, 2011, and paragraph (2.1) of
11    subsection (c) of Section 3 of this Act applies.
12        (2) A violation of any former law of this State
13    substantially equivalent to any offense listed in
14    subsection (B) of this Section.
15    (C) A conviction for an offense of federal law, Uniform
16Code of Military Justice, or the law of another state or a
17foreign country that is substantially equivalent to any offense
18listed in subsections (B), (C), (E), and (E-5) of this Section
19shall constitute a conviction for the purpose of this Article.
20A finding or adjudication as a sexually dangerous person or a
21sexually violent person under any federal law, Uniform Code of
22Military Justice, or the law of another state or foreign
23country that is substantially equivalent to the Sexually
24Dangerous Persons Act or the Sexually Violent Persons
25Commitment Act shall constitute an adjudication for the
26purposes of this Article.

 

 

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1    (C-5) A person at least 17 years of age at the time of the
2commission of the offense who is convicted of first degree
3murder under Section 9-1 of the Criminal Code of 1961 or the
4Criminal Code of 2012, against a person under 18 years of age,
5shall be required to register for natural life. A conviction
6for an offense of federal, Uniform Code of Military Justice,
7sister state, or foreign country law that is substantially
8equivalent to any offense listed in subsection (C-5) of this
9Section shall constitute a conviction for the purpose of this
10Article. This subsection (C-5) applies to a person who
11committed the offense before June 1, 1996 if: (i) the person is
12incarcerated in an Illinois Department of Corrections facility
13on August 20, 2004 (the effective date of Public Act 93-977),
14or (ii) subparagraph (i) does not apply and the person is
15convicted of any felony after July 1, 2011, and paragraph (2.1)
16of subsection (c) of Section 3 of this Act applies.
17    (C-6) A person who is convicted or adjudicated delinquent
18of first degree murder as defined in Section 9-1 of the
19Criminal Code of 1961 or the Criminal Code of 2012, against a
20person 18 years of age or over, shall be required to register
21for his or her natural life. A conviction for an offense of
22federal, Uniform Code of Military Justice, sister state, or
23foreign country law that is substantially equivalent to any
24offense listed in subsection (C-6) of this Section shall
25constitute a conviction for the purpose of this Article. This
26subsection (C-6) does not apply to those individuals released

 

 

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1from incarceration more than 10 years prior to January 1, 2012
2(the effective date of Public Act 97-154).
3    (D) As used in this Article, "law enforcement agency having
4jurisdiction" means the Chief of Police in each of the
5municipalities in which the sex offender expects to reside,
6work, or attend school (1) upon his or her discharge, parole or
7release or (2) during the service of his or her sentence of
8probation or conditional discharge, or the Sheriff of the
9county, in the event no Police Chief exists or if the offender
10intends to reside, work, or attend school in an unincorporated
11area. "Law enforcement agency having jurisdiction" includes
12the location where out-of-state students attend school and
13where out-of-state employees are employed or are otherwise
14required to register.
15    (D-1) As used in this Article, "supervising officer" means
16the assigned Illinois Department of Corrections parole agent or
17county probation officer.
18    (E) As used in this Article, "sexual predator" means any
19person who, after July 1, 1999, is:
20        (1) Convicted for an offense of federal, Uniform Code
21    of Military Justice, sister state, or foreign country law
22    that is substantially equivalent to any offense listed in
23    subsection (E) or (E-5) of this Section shall constitute a
24    conviction for the purpose of this Article. Convicted of a
25    violation or attempted violation of any of the following
26    Sections of the Criminal Code of 1961 or the Criminal Code

 

 

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1    of 2012:
2            10-5.1 (luring of a minor),
3            11-14.4 that involves keeping a place of juvenile
4        prostitution, or 11-17.1 (keeping a place of juvenile
5        prostitution),
6            subdivision (a)(2) or (a)(3) of Section 11-14.4,
7        or Section 11-19.1 (juvenile pimping),
8            subdivision (a)(4) of Section 11-14.4, or Section
9        11-19.2 (exploitation of a child),
10            11-20.1 (child pornography),
11            11-20.1B or 11-20.3 (aggravated child
12        pornography),
13            11-1.20 or 12-13 (criminal sexual assault),
14            11-1.30 or 12-14 (aggravated criminal sexual
15        assault),
16            11-1.40 or 12-14.1 (predatory criminal sexual
17        assault of a child),
18            11-1.60 or 12-16 (aggravated criminal sexual
19        abuse),
20            12-33 (ritualized abuse of a child);
21        (2) (blank);
22        (3) declared as a sexually dangerous person pursuant to
23    the Sexually Dangerous Persons Act or any substantially
24    similar federal, Uniform Code of Military Justice, sister
25    state, or foreign country law;
26        (4) found to be a sexually violent person pursuant to

 

 

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1    the Sexually Violent Persons Commitment Act or any
2    substantially similar federal, Uniform Code of Military
3    Justice, sister state, or foreign country law;
4        (5) convicted of a second or subsequent offense which
5    requires registration pursuant to this Act. For purposes of
6    this paragraph (5), "convicted" shall include a conviction
7    under any substantially similar Illinois, federal, Uniform
8    Code of Military Justice, sister state, or foreign country
9    law;
10        (6) (blank); 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.
17    (E-5) As used in this Article, "sexual predator" also means
18a person convicted of a violation or attempted violation of any
19of the following Sections of the Criminal Code of 1961 or the
20Criminal Code of 2012:
21        (1) Section 9-1 (first degree murder, when the victim
22    was a person under 18 years of age and the defendant was at
23    least 17 years of age at the time of the commission of the
24    offense, provided the offense was sexually motivated as
25    defined in Section 10 of the Sex Offender Management Board
26    Act);

 

 

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1        (2) Section 11-9.5 (sexual misconduct with a person
2    with a disability);
3        (3) when the victim is a person under 18 years of age,
4    the defendant is not a parent of the victim, the offense
5    was sexually motivated as defined in Section 10 of the Sex
6    Offender Management Board Act, and the offense was
7    committed on or after January 1, 1996: (A) Section 10-1
8    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
9    (C) Section 10-3 (unlawful restraint), and (D) Section
10    10-3.1 (aggravated unlawful restraint); and
11        (4) Section 10-5(b)(10) (child abduction committed by
12    luring or attempting to lure a child under the age of 16
13    into a motor vehicle, building, house trailer, or dwelling
14    place without the consent of the parent or lawful custodian
15    of the child for other than a lawful purpose and the
16    offense was committed on or after January 1, 1998, provided
17    the offense was sexually motivated as defined in Section 10
18    of the Sex Offender Management Board Act).
19    (E-10) As used in this Article, "sexual predator" also
20means a person required to register in another State due to a
21conviction, adjudication or other action of any court
22triggering an obligation to register as a sex offender, sexual
23predator, or substantially similar status under the laws of
24that State.
25    (F) As used in this Article, "out-of-state student" means
26any sex offender, as defined in this Section, or sexual

 

 

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1predator who is enrolled in Illinois, on a full-time or
2part-time basis, in any public or private educational
3institution, including, but not limited to, any secondary
4school, trade or professional institution, or institution of
5higher learning.
6    (G) As used in this Article, "out-of-state employee" means
7any sex offender, as defined in this Section, or sexual
8predator who works in Illinois, regardless of whether the
9individual receives payment for services performed, for a
10period of time of 10 or more days or for an aggregate period of
11time of 30 or more days during any calendar year. Persons who
12operate motor vehicles in the State accrue one day of
13employment time for any portion of a day spent in Illinois.
14    (H) As used in this Article, "school" means any public or
15private educational institution, including, but not limited
16to, any elementary or secondary school, trade or professional
17institution, or institution of higher education.
18    (I) As used in this Article, "fixed residence" means any
19and all places that a sex offender resides for an aggregate
20period of time of 5 or more days in a calendar year, including
21a hospital, nursing home, or other in-patient facility required
22as a condition of mandatory release or probation..
23    (J) As used in this Article, "Internet protocol address"
24means the string of numbers by which a location on the Internet
25is identified by routers or other computers connected to the
26Internet.

 

 

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1(Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11;
296-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12;
397-1073, eff. 1-1-13; 97-1098, eff. 1-1-13; 97-1109, eff.
41-1-13; 97-1150, eff. 1-25-13.)
 
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
8sexual predator shall, within the time period prescribed in
9subsections (b) and (c), register in person and provide
10accurate information as required by the Department of State
11Police. Such information shall include a current photograph,
12current address, current place of employment, the sex
13offender's or sexual predator's telephone number, including
14cellular telephone number, the employer's telephone number,
15school attended, all e-mail addresses, instant messaging
16identities, chat room identities, and other Internet
17communications identities that the sex offender uses or plans
18to use, all Uniform Resource Locators (URLs) registered or used
19by the sex offender, all blogs and other Internet sites
20maintained by the sex offender or to which the sex offender has
21uploaded any content or posted any messages or information,
22extensions of the time period for registering as provided in
23this Article and, if an extension was granted, the reason why
24the extension was granted and the date the sex offender was
25notified of the extension. Where not otherwise prohibited by

 

 

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1law, a Department of Corrections issued identification card, in
2addition to other government-issued identification, shall be
3sufficient to provide accurate information of the person's
4residence for purposes of registration or renewal under this
5Act. The information shall also include a copy of the terms and
6conditions of parole or release signed by the sex offender and
7given to the sex offender by his or her supervising officer or
8aftercare specialist, the county of conviction, license plate
9numbers for every vehicle registered in the name of the sex
10offender, the age of the sex offender at the time of the
11commission of the offense, the age of the victim at the time of
12the commission of the offense, and any distinguishing marks
13located on the body of the sex offender. A sex offender
14convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
1511-21 of the Criminal Code of 1961 or the Criminal Code of 2012
16shall provide all Internet protocol (IP) addresses in his or
17her residence, registered in his or her name, accessible at his
18or her place of employment, or otherwise under his or her
19control or custody. If the sex offender is a child sex offender
20as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
211961 or the Criminal Code of 2012, the sex offender shall
22report to the registering agency whether he or she is living in
23a household with a child under 18 years of age who is not his or
24her own child, provided that his or her own child is not the
25victim of the sex offense. The sex offender or sexual predator
26shall register:

 

 

SB1759- 17 -LRB100 11326 SLF 21701 b

1        (1) with the chief of police in the municipality in
2    which he or she resides or is temporarily domiciled for a
3    period of time of 3 or more days, unless the municipality
4    is the City of Chicago, in which case he or she shall
5    register at a fixed location designated by the
6    Superintendent of the Chicago Police Department; or
7        (2) with the sheriff in the county in which he or she
8    resides or is temporarily domiciled for a period of time of
9    3 or more days in an unincorporated area or, if
10    incorporated, no police chief exists.
11    If the sex offender or sexual predator is employed at or
12attends an institution of higher education, he or she shall
13also register:
14        (i) with:
15            (A) the chief of police in the municipality in
16        which he or she is employed at or attends an
17        institution of higher education, unless the
18        municipality is the City of Chicago, in which case he
19        or she shall register at a fixed location designated by
20        the Superintendent of the Chicago Police Department;
21        or
22            (B) the sheriff in the county in which he or she is
23        employed or attends an institution of higher education
24        located in an unincorporated area, or if incorporated,
25        no police chief exists; and
26        (ii) with the public safety or security director of the

 

 

SB1759- 18 -LRB100 11326 SLF 21701 b

1    institution of higher education which he or she is employed
2    at or attends.
3    The registration fees shall only apply to the municipality
4or county of primary registration, and not to campus
5registration.
6    For purposes of this Article, the place of residence or
7temporary domicile is defined as any and all places where the
8sex offender resides for an aggregate period of time of 3 or
9more days during any calendar year. If an offender is released
10from custody and placed in a hospital, nursing home, or other
11in-patient facility required as a condition of mandatory
12release or probation, the person shall register that address as
13his or her fixed residence. Any person required to register
14under this Article who lacks a fixed address or temporary
15domicile must notify, in person, the agency of jurisdiction of
16his or her last known address within 3 days after ceasing to
17have a fixed residence.
18    A sex offender or sexual predator who is temporarily absent
19from his or her current address of registration for 3 or more
20days shall notify the law enforcement agency having
21jurisdiction of his or her current registration, including the
22itinerary for travel, in the manner provided in Section 6 of
23this Act for notification to the law enforcement agency having
24jurisdiction of change of address.
25    Any person who lacks a fixed residence must report weekly,
26in person, with the sheriff's office of the county in which he

 

 

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1or she is located in an unincorporated area, or with the chief
2of police in the municipality in which he or she is located.
3The agency of jurisdiction will document each weekly
4registration to include all the locations where the person has
5stayed during the past 7 days.
6    The sex offender or sexual predator shall provide accurate
7information as required by the Department of State Police. That
8information shall include the sex offender's or sexual
9predator's current place of employment.
10    (a-5) An out-of-state student or out-of-state employee
11shall, within 3 days after beginning school or employment in
12this State, register in person and provide accurate information
13as required by the Department of State Police. Such information
14will include current place of employment, school attended, and
15address in state of residence. A sex offender convicted under
16Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the
17Criminal Code of 1961 or the Criminal Code of 2012 shall
18provide all Internet protocol (IP) addresses in his or her
19residence, registered in his or her name, accessible at his or
20her place of employment, or otherwise under his or her control
21or custody. The out-of-state student or out-of-state employee
22shall 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 a fixed
4        location designated by the Superintendent of the
5        Chicago Police Department; or
6            (B) the sheriff in the county in which he or she
7        attends school or is employed for a period of time of 5
8        or more days or for an aggregate period of time of more
9        than 30 days during any calendar year in an
10        unincorporated area or, if incorporated, no police
11        chief exists; and
12        (2) with the public safety or security director of the
13    institution of higher education he or she is employed at or
14    attends for a period of time of 5 or more days or for an
15    aggregate period of time of more than 30 days during a
16    calendar year.
17    The registration fees shall only apply to the municipality
18or county of primary registration, and not to campus
19registration.
20    The out-of-state student or out-of-state employee shall
21provide accurate information as required by the Department of
22State Police. That information shall include the out-of-state
23student's current place of school attendance or the
24out-of-state employee's current place of employment.
25    (a-10) Any law enforcement agency registering sex
26offenders or sexual predators in accordance with subsections

 

 

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1(a) or (a-5) of this Section shall forward to the Attorney
2General a copy of sex offender registration forms from persons
3convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
411-21 of the Criminal Code of 1961 or the Criminal Code of
52012, including periodic and annual registrations under
6Section 6 of this Act.
7    (b) Any sex offender, as defined in Section 2 of this Act,
8or sexual predator, regardless of any initial, prior, or other
9registration, shall, within 3 days of beginning school, or
10establishing a residence, place of employment, or temporary
11domicile in any county, register in person as set forth in
12subsection (a) or (a-5).
13    (c) The registration for any person required to register
14under this Article shall be as follows:
15        (1) Any person registered under the Habitual Child Sex
16    Offender Registration Act or the Child Sex Offender
17    Registration Act prior to January 1, 1996, shall be deemed
18    initially registered as of January 1, 1996; however, this
19    shall not be construed to extend the duration of
20    registration set forth in Section 7.
21        (2) Except as provided in subsection (c)(2.1) or
22    (c)(4), any person convicted or adjudicated prior to
23    January 1, 1996, whose liability for registration under
24    Section 7 has not expired, shall register in person prior
25    to January 31, 1996.
26        (2.1) A sex offender or sexual predator, who has never

 

 

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1    previously been required to register under this Act, has a
2    duty to register if the person has been convicted of any
3    felony offense after July 1, 2011. A person who previously
4    was required to register under this Act for a period of 10
5    years and successfully completed that registration period
6    has a duty to register if: (i) the person has been
7    convicted of any felony offense after July 1, 2011, and
8    (ii) the offense for which the 10 year registration was
9    served currently requires a registration period of more
10    than 10 years. Notification of an offender's duty to
11    register under this subsection shall be pursuant to Section
12    5-7 of this Act.
13        (2.5) Except as provided in subsection (c)(4), any
14    person who has not been notified of his or her
15    responsibility to register shall be notified by a criminal
16    justice entity of his or her responsibility to register.
17    Upon notification the person must then register within 3
18    days of notification of his or her requirement to register.
19    Except as provided in subsection (c)(2.1), if notification
20    is not made within the offender's 10 year registration
21    requirement, and the Department of State Police determines
22    no evidence exists or indicates the offender attempted to
23    avoid registration, the offender will no longer be required
24    to register under this Act.
25        (3) Except as provided in subsection (c)(4), any person
26    convicted on or after January 1, 1996, shall register in

 

 

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1    person within 3 days after the entry of the sentencing
2    order based upon his or her conviction.
3        (4) Any person unable to comply with the registration
4    requirements of this Article because he or she is confined,
5    institutionalized, or imprisoned in Illinois on or after
6    January 1, 1996, shall register in person within 3 days of
7    discharge, parole or release.
8        (5) The person shall provide positive identification
9    and documentation that substantiates proof of residence at
10    the registering address.
11        (6) The person shall pay a $100 initial registration
12    fee and a $100 annual renewal fee to the registering law
13    enforcement agency having jurisdiction. The registering
14    agency may waive the registration fee if it determines that
15    the person is indigent and unable to pay the registration
16    fee. Thirty-five dollars for the initial registration fee
17    and $35 of the annual renewal fee shall be retained and
18    used by the registering agency for official purposes.
19    Having retained $35 of the initial registration fee and $35
20    of the annual renewal fee, the registering agency shall
21    remit the remainder of the fee to State agencies within 30
22    days of receipt for deposit into the State funds as
23    follows:
24            (A) Five dollars of the initial registration fee
25        and $5 of the annual fee shall be remitted to the State
26        Treasurer who shall deposit the moneys into the Sex

 

 

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1        Offender Management Board Fund under Section 19 of the
2        Sex Offender Management Board Act. Money deposited
3        into the Sex Offender Management Board Fund shall be
4        administered by the Sex Offender Management Board and
5        shall be used by the Board to comply with the
6        provisions of the Sex Offender Management Board Act.
7            (B) Thirty dollars of the initial registration fee
8        and $30 of the annual renewal fee shall be remitted to
9        the Department of State Police which shall deposit the
10        moneys into the Sex Offender Registration Fund and
11        shall be used by the Department of State Police to
12        maintain and update the Illinois State Police Sex
13        Offender Registry.
14            (C) Thirty dollars of the initial registration fee
15        and $30 of the annual renewal fee shall be remitted to
16        the Attorney General who shall deposit the moneys into
17        the Attorney General Sex Offender Awareness, Training,
18        and Education Fund. Moneys deposited into the Fund
19        shall be used by the Attorney General to administer the
20        I-SORT program and to alert and educate the public,
21        victims, and witnesses of their rights under various
22        victim notification laws and for training law
23        enforcement agencies, State's Attorneys, and medical
24        providers of their legal duties concerning the
25        prosecution and investigation of sex offenses.
26        The registering agency shall establish procedures to

 

 

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1    document the receipt and remittance of the $100 initial
2    registration fee and $100 annual renewal fee.
3    (d) Within 3 days after obtaining or changing employment
4and, if employed on January 1, 2000, within 5 days after that
5date, a person required to register under this Section must
6report, in person to the law enforcement agency having
7jurisdiction, the business name and address where he or she is
8employed. If the person has multiple businesses or work
9locations, every business and work location must be reported to
10the law enforcement agency having jurisdiction.
11(Source: P.A. 98-558, eff. 1-1-14; 98-612, eff. 12-27-13;
1299-755, eff. 8-5-16.)
 
13    (730 ILCS 150/6)
14    Sec. 6. Duty to report; change of address, school, or
15employment; duty to inform. A person who has been adjudicated
16to be sexually dangerous or is a sexually violent person and is
17later released, or found to be no longer sexually dangerous or
18no longer a sexually violent person and discharged, or
19convicted of a violation of this Act after July 1, 2005, shall
20register report in person to the law enforcement agency with
21whom he or she last registered no later than 90 days after the
22date of his or her last registration and every 90 days
23thereafter and at such other times at the request of the law
24enforcement agency not to exceed 4 times a year. Such sexually
25dangerous or sexually violent person must report all new or

 

 

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1changed e-mail addresses, all new or changed instant messaging
2identities, all new or changed chat room identities, and all
3other new or changed Internet communications identities that
4the sexually dangerous or sexually violent person uses or plans
5to use, all new or changed Uniform Resource Locators (URLs)
6registered or used by the sexually dangerous or sexually
7violent person, and all new or changed blogs and other Internet
8sites maintained by the sexually dangerous or sexually violent
9person or to which the sexually dangerous or sexually violent
10person has uploaded any content or posted any messages or
11information. Any person who lacks a fixed residence must report
12weekly, in person, to the appropriate law enforcement agency
13where the sex offender is located. Any other person who is
14required to register under this Article shall register report
15in person to the appropriate law enforcement agency with whom
16he or she last registered within one year from the date of last
17registration and every year thereafter and at such other times
18at the request of the law enforcement agency not to exceed 4
19times a year. If any person required to register under this
20Article lacks a fixed residence or temporary domicile, he or
21she must notify, in person, the agency of jurisdiction of his
22or her last known address within 3 days after ceasing to have a
23fixed residence and if the offender leaves the last
24jurisdiction of residence, he or she, must within 3 days after
25leaving register in person with the new agency of jurisdiction.
26If any other person required to register under this Article

 

 

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1changes his or her residence address, place of employment,
2telephone number, cellular telephone number, or school, he or
3she shall report in person, to the law enforcement agency with
4whom he or she last registered, his or her new address, change
5in employment, telephone number, cellular telephone number, or
6school, all new or changed e-mail addresses, all new or changed
7instant messaging identities, all new or changed chat room
8identities, and all other new or changed Internet
9communications identities that the sex offender uses or plans
10to use, all new or changed Uniform Resource Locators (URLs)
11registered or used by the sex offender, and all new or changed
12blogs and other Internet sites maintained by the sex offender
13or to which the sex offender has uploaded any content or posted
14any messages or information, and register, in person, with the
15appropriate law enforcement agency within the time period
16specified in Section 3. If the sex offender is a child sex
17offender as defined in Section 11-9.3 or 11-9.4 of the Criminal
18Code of 1961 or the Criminal Code of 2012, the sex offender
19shall within 3 days after beginning to reside in a household
20with a child under 18 years of age who is not his or her own
21child, provided that his or her own child is not the victim of
22the sex offense, report that information to the registering law
23enforcement agency. The law enforcement agency shall, within 3
24days of the reporting in person by the person required to
25register under this Article, notify the Department of State
26Police of the new place of residence, change in employment,

 

 

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1telephone number, cellular telephone number, or school.
2    If any person required to register under this Article
3intends to establish a residence or employment outside of the
4State of Illinois, at least 10 days before establishing that
5residence or employment, he or she shall report in person to
6the law enforcement agency with which he or she last registered
7of his or her out-of-state intended residence or employment.
8The law enforcement agency with which such person last
9registered shall, within 3 days after the reporting in person
10of the person required to register under this Article of an
11address or employment change, notify the Department of State
12Police. The Department of State Police shall forward such
13information to the out-of-state law enforcement agency having
14jurisdiction in the form and manner prescribed by the
15Department of State Police.
16(Source: P.A. 96-1094, eff. 1-1-11; 96-1104, eff. 1-1-11;
1797-333, eff. 8-12-11; 97-1150, eff. 1-25-13.)