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90_HB1408eng
730 ILCS 150/2 from Ch. 38, par. 222
730 ILCS 150/3 from Ch. 38, par. 223
730 ILCS 150/6 from Ch. 38, par. 226
730 ILCS 152/105
730 ILCS 152/110
730 ILCS 152/126 new
Amends the Sex Offender Registration Act. Requires a sex
offender in addition to registering with the law enforcement
agency in the municipality or county in which the offender
resides, to also register with the law enforcement agency of
the municipality or county in which the offender is employed.
Provides that if the sex offender is employed in the same
county in which he or she resides, the sex offender needs
only to register once but must provide both work and
residence addresses. Amends the Child Sex Offender and
Murderer Community Notification Law. Provides that law
enforcement agencies must inform child care facilities and
schools of identifying information concerning child sex
offenders employed in the municipalities and counties where
these facilities are located.
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1 AN ACT in relation to sex offenders, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Sex Offender Registration Act is amended
5 by changing Sections 2, 3, and 6 as follows:
6 (730 ILCS 150/2) (from Ch. 38, par. 222)
7 Sec. 2. Definitions. As used in this Article, the
8 following definitions apply:
9 (A) "Sex offender" means any person who is:
10 (1) charged pursuant to Illinois law, or any
11 substantially similar federal or sister state law, with a
12 sex offense set forth in subsection (B) of this Section
13 or the attempt to commit an included sex offense, and:
14 (a) is convicted of such offense or an attempt
15 to commit such offense; or
16 (b) is found not guilty by reason of insanity
17 of such offense or an attempt to commit such
18 offense; or
19 (c) is found not guilty by reason of insanity
20 pursuant to Section 104-25(c) of the Code of
21 Criminal Procedure of 1963 of such offense or an
22 attempt to commit such offense; or
23 (d) is the subject of a finding not resulting
24 in an acquittal at a hearing conducted pursuant to
25 Section 104-25(a) of the Code of Criminal Procedure
26 of 1963 for the alleged commission or attempted
27 commission of such offense; or
28 (e) is found not guilty by reason of insanity
29 following a hearing conducted pursuant to a federal
30 or sister state law substantially similar to Section
31 104-25(c) of the Code of Criminal Procedure of 1963
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1 of such offense or of the attempted commission of
2 such offense; or
3 (f) is the subject of a finding not resulting
4 in an acquittal at a hearing conducted pursuant to a
5 federal or sister state law substantially similar to
6 Section 104-25(a) of the Code of Criminal Procedure
7 of 1963 for the alleged violation or attempted
8 commission of such offense; or
9 (2) certified as a sexually dangerous person
10 pursuant to the Illinois Sexually Dangerous Persons Act,
11 or any substantially similar federal or sister state law,
12 when any conduct giving rise to such certification is
13 committed or attempted against a person less than 18
14 years of age; or
15 (3) subject to the provisions of Section 2 of the
16 Interstate Agreements on Sexually Dangerous Persons Act.
17 Convictions that result from or are connected with the
18 same act, or result from offenses committed at the same time,
19 shall be counted for the purpose of this Article as one
20 conviction. Any conviction set aside pursuant to law is not
21 a conviction for purposes of this Article.
22 (B) As used in this Section, "sex offense" means:
23 (1) A violation of any of the following Sections of
24 the Criminal Code of 1961 when the violation is a felony:
25 11-20.1 (child pornography),
26 11-6 (indecent solicitation of a child),
27 11-9.1 (sexual exploitation of a child),
28 11-15.1 (soliciting for a juvenile prostitute),
29 11-18.1 (patronizing a juvenile prostitute),
30 11-17.1 (keeping a place of juvenile
31 prostitution),
32 11-19.1 (juvenile pimping),
33 11-19.2 (exploitation of a child),
34 12-13 (criminal sexual assault),
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1 12-14 (aggravated criminal sexual assault),
2 12-14.1 (predatory criminal sexual assault of a
3 child),
4 12-15 (criminal sexual abuse),
5 12-16 (aggravated criminal sexual abuse),
6 12-33 (ritualized abuse of a child).
7 An attempt to commit any of these offenses.
8 (1.5) A felony violation of any of the following
9 Sections of the Criminal Code of 1961, when the victim is
10 a person under 18 years of age, the defendant is not a
11 parent of the victim, and the offense was committed on or
12 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 (1.6) First degree murder under Section 9-1 of the
19 Criminal Code of 1961 when the victim was a person under 18
20 years of age, the defendant was at least 17 years of age at
21 the time of the commission of the offense, and the offense
22 was committed on or after June 1, 1996.
23 (2) A violation of any former law of this State
24 substantially equivalent to any offense listed in
25 subsection (B)(1) of this Section.
26 (C) A conviction for an offense of federal law or the
27 law of another state that is substantially equivalent to any
28 offense listed in subsection (B) of this Section shall
29 constitute a conviction for the purpose of this Article. A
30 finding or adjudication as a sexually dangerous person under
31 any federal law or law of another state that is substantially
32 equivalent to the Sexually Dangerous Persons Act shall
33 constitute an adjudication for the purposes of this Article.
34 (C-5) A person at least 17 years of age at the time of
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1 the commission of the offense who is convicted of first
2 degree murder under Section 9-1 of the Criminal Code of 1961,
3 committed on or after June 1, 1996 against a person under 18
4 years of age, shall be required to register for a period of
5 10 years after conviction or adjudication if not confined to
6 a penal institution, hospital, or any other institution or
7 facility, and if confined, for a period of 10 years after
8 parole, discharge, or release from the facility. Liability
9 for registration terminates at the expiration of 10 years
10 from the date of conviction or adjudication if not confined
11 in a penal institution, hospital, or any other institution or
12 facility, and if confined at the expiration of 10 years from
13 the date of parole, discharge, or release from any facility;
14 provided that the child murderer does not, during that period
15 again become liable to register under the provisions of this
16 Article or the Child Sex Offender and Murderer Community
17 Notification Law.
18 (D) As used in this Article, "law enforcement agency
19 having jurisdiction" means the Chief of Police in the
20 municipality in which the sex offender expects to reside or
21 to be employed (1) upon his or her discharge, parole or
22 release or (2) during the service of his or her sentence of
23 probation or conditional discharge, or the Sheriff of the
24 county, in the event no Police Chief exists or if the
25 offender intends to reside or be employed in an
26 unincorporated area.
27 (Source: P.A. 88-467; 89-8, eff. 1-1-96; 89-428, eff. 6-1-96;
28 89-462, eff. 6-1-96.)
29 (730 ILCS 150/3) (from Ch. 38, par. 223)
30 Sec. 3. Duty to register.
31 (a) A sex offender shall, within the time period
32 prescribed in subsection (c), register in person:
33 (1) with the chief of police of the municipality in
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1 which he or she resides or is temporarily domiciled for
2 more than 30 days, unless the municipality is the City of
3 Chicago, in which case he or she shall register at the
4 Chicago Police Department Headquarters; or
5 (2) with the sheriff of the county, if he or she
6 resides or is temporarily domiciled for more than 30 days
7 in an unincorporated area or, if incorporated, no police
8 chief exists.
9 (a-5) In addition to the registration requirements
10 imposed upon a sex offender by subsection (a), a sex offender
11 who is required to register under this Article and who is
12 employed on the effective date of this amendatory Act of
13 1997 within 30 days after the effective date of this
14 amendatory Act of 1997 and a sex offender who is convicted on
15 or after the effective date of this amendatory Act of 1997,
16 within 30 days after employment shall register in person:
17 (1) with the chief of police of the municipality in
18 which he or she is employed, unless the municipality is
19 the City of Chicago, in which case he or she shall
20 register at the Chicago Police Department Headquarters;
21 or
22 (2) with the sheriff of the county, if he or she is
23 employed in an unincorporated area or, if incorporated,
24 no police chief exists.
25 (a-6) The provisions of subsection (a-5) do not apply to
26 a sex offender who is required to register under this Article
27 and who is employed in the same county in which he or she
28 resides. However, the sex offender must submit his or her
29 business address to the law enforcement agency having
30 jurisdiction within 30 days after obtaining employment or if
31 employed on the effective date of this amendatory Act of 1997
32 within 30 days after that effective date.
33 (b) Any sex offender, regardless of any initial, prior
34 or other registration, shall, within 30 days of establishing
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1 a residence, place of employment, or temporary domicile for
2 more than 30 days in any county, register in person as set
3 forth in subsection (a)(1), or (a)(2), or (a-5).
4 (c) The registration for any person required to register
5 under this Article shall be as follows:
6 (1) any person registered under the Habitual Child
7 Sex Offender Registration Act or the Child Sex Offender
8 Registration Act prior to January 1, 1996, shall be
9 deemed initially registered as of January 1, 1996;
10 however, this shall not be construed to extend the
11 duration of registration set forth in Section 7;
12 (2) except as provided in subsection (c)(4), any
13 person convicted or adjudicated prior to January 1, 1996,
14 whose liability for registration under Section 7 has not
15 expired, shall register in person prior to January 31,
16 1996;
17 (3) except as provided in subsection (c)(4), any
18 person convicted on or after January 1, 1996, shall
19 register in person within 30 days after the entry of the
20 sentencing order based upon his or her conviction; and
21 (4) any person unable to comply with the
22 registration requirements of this Article because they
23 are confined, institutionalized, or imprisoned in
24 Illinois on or after January 1, 1996, shall register in
25 person within 30 days of discharge, parole or release.
26 (Source: P.A. 89-8, eff. 1-1-96.)
27 (730 ILCS 150/6) (from Ch. 38, par. 226)
28 Sec. 6. Duty to report; change of address or employment;
29 duty to inform. Any person required to register under this
30 Article shall report in person to the appropriate law
31 enforcement agency with whom he or she last registered one
32 year from the date of that registration and every year
33 thereafter. If any person required to register under this
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1 Article changes his or her residence address or place of
2 employment, he or she shall, in writing, within 10 days
3 inform the law enforcement agency with whom he or she last
4 registered of his or her new address or new place of
5 employment and register with the appropriate law enforcement
6 agency within the time period specified in Section 3. The
7 law enforcement agency shall, within 3 days of receipt,
8 forward the information to the Department of State Police and
9 to the law enforcement agency having jurisdiction of the new
10 place of residence or new place of employment.
11 (Source: P.A. 89-8, eff. 1-1-96.)
12 Section 10. The Child Sex Offender and Murderer
13 Community Notification Law is amended by changing Sections
14 105 and 110 and adding Section 126 as follows:
15 (730 ILCS 152/105)
16 Sec. 105. Definitions. As used in this Article, the
17 following definitions apply:
18 "Child care facilities" has the meaning set forth in the
19 Child Care Act of 1969, but does not include licensed foster
20 homes.
21 "Child sex offender" means any sex offender as defined in
22 the Sex Offender Registration Act whose victim was under the
23 age of 18 at the time the offense was committed but does not
24 include the offenses set forth in subsection (B)(1.5) of
25 Section 2 of that Act.
26 "Law enforcement agency having jurisdiction" means the
27 Chief of Police in the municipality in which the child sex
28 offender expects to reside or expects to be employed (1) upon
29 his or her discharge, parole or release or (2) during the
30 service of his or her sentence of probation or conditional
31 discharge, or the Sheriff of the county, in the event no
32 Police Chief exists or if the offender intends to reside or
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1 be employed in an unincorporated area.
2 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
3 (730 ILCS 152/110)
4 Sec. 110. Registration. At the time a child sex
5 offender registers under Section 3 of the Sex Offender
6 Registration Act or reports a change of address or employment
7 under Section 6 of that Act, the offender shall notify the
8 law enforcement agency having jurisdiction with whom the
9 offender registers or reports a change of address or
10 employment that the offender is a child sex offender.
11 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96.)
12 (730 ILCS 152/126 new)
13 Sec. 126. Community notification of registration of child
14 sex offenders employed in the community. The law enforcement
15 agency having jurisdiction shall disclose to the following
16 the names, addresses, place of employment, and offense or
17 adjudication of all child sex offenders registered under
18 Section 3 of the Sex Offender Registration Act or the change
19 of address and employment of those offenders under Section 6
20 of that Act:
21 (1) School boards of public school districts and
22 the principal or other appropriate administrative officer
23 of each nonpublic school located in the county, other
24 than Cook County, where the child sex offender is
25 employed;
26 (2) Child care facilities located in the county,
27 other than Cook County, where the child sex offender is
28 employed;
29 (3) School boards of public school districts and
30 the principal or other appropriate administrative officer
31 of each nonpublic school located in the municipality
32 within Cook County, other than the City of Chicago, where
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1 the child sex offender is employed, and if the child sex
2 offender is employed in an unincorporated area of Cook
3 County, school boards of public school districts and the
4 principal or other appropriate administrative officer of
5 each nonpublic school located in the township where the
6 child sex offender is employed;
7 (4) School boards of public school districts and
8 the principal or other appropriate administrative officer
9 of each nonpublic school located in the police district
10 where the child sex offender is employed if the offender
11 is employed in the City of Chicago;
12 (5) Child care facilities located in the
13 municipality within Cook County, other than the City of
14 Chicago, where the child sex offender is employed, and if
15 the child sex offender is employed in an unincorporated
16 area of Cook County, those child care facilities located
17 in the township where the child sex offender is employed;
18 and
19 (6) Child care facilities located in the police
20 district where the child sex offender is employed if the
21 offender is employed in the City of Chicago.