Public Act 095-0658
 
SB0121 Enrolled LRB095 05377 RLC 25466 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Sex Offender Registration Act is amended by
changing Sections 2 and 3 and by adding Section 3-5 as follows:
 
    (730 ILCS 150/2)  (from Ch. 38, par. 222)
    Sec. 2. Definitions.
    (A) As used in this Article, "sex offender" means any
person who is:
        (1) charged pursuant to Illinois law, or any
    substantially similar federal, Uniform Code of Military
    Justice, sister state, or foreign country law, with a sex
    offense set forth in subsection (B) of this Section or the
    attempt to commit an included sex offense, and:
            (a) is convicted of such offense or an attempt to
        commit such offense; or
            (b) is found not guilty by reason of insanity of
        such offense or an attempt to commit such offense; or
            (c) is found not guilty by reason of insanity
        pursuant to Section 104-25(c) of the Code of Criminal
        Procedure of 1963 of such offense or an attempt to
        commit such offense; or
            (d) is the subject of a finding not resulting in an
        acquittal at a hearing conducted pursuant to Section
        104-25(a) of the Code of Criminal Procedure of 1963 for
        the alleged commission or attempted commission of such
        offense; or
            (e) is found not guilty by reason of insanity
        following a hearing conducted pursuant to a federal,
        Uniform Code of Military Justice, sister state, or
        foreign country law substantially similar to Section
        104-25(c) of the Code of Criminal Procedure of 1963 of
        such offense or of the attempted commission of such
        offense; or
            (f) is the subject of a finding not resulting in an
        acquittal at a hearing conducted pursuant to a federal,
        Uniform Code of Military Justice, sister state, or
        foreign country law substantially similar to Section
        104-25(a) of the Code of Criminal Procedure of 1963 for
        the alleged violation or attempted commission of such
        offense; or
        (2) certified as a sexually dangerous person pursuant
    to the Illinois Sexually Dangerous Persons Act, or any
    substantially similar federal, Uniform Code of Military
    Justice, sister state, or foreign country law; or
        (3) subject to the provisions of Section 2 of the
    Interstate Agreements on Sexually Dangerous Persons Act;
    or
        (4) found to be a sexually violent person pursuant to
    the Sexually Violent Persons Commitment Act or any
    substantially similar federal, Uniform Code of Military
    Justice, sister state, or foreign country law; or
        (5) adjudicated a juvenile delinquent as the result of
    committing or attempting to commit an act which, if
    committed by an adult, would constitute any of the offenses
    specified in item (B), (C), or (C-5) of this Section or a
    violation of any substantially similar federal, Uniform
    Code of Military Justice, sister state, or foreign country
    law, or found guilty under Article V of the Juvenile Court
    Act of 1987 of committing or attempting to commit an act
    which, if committed by an adult, would constitute any of
    the offenses specified in item (B), (C), or (C-5) of this
    Section or a violation of any substantially similar
    federal, Uniform Code of Military Justice, sister state, or
    foreign country law.
    Convictions that result from or are connected with the same
act, or result from offenses committed at the same time, shall
be counted for the purpose of this Article as one conviction.
Any conviction set aside pursuant to law is not a conviction
for purposes of this Article.
     For purposes of this Section, "convicted" shall have the
same meaning as "adjudicated". For the purposes of this
Article, a person who is defined as a sex offender as a result
of being adjudicated a juvenile delinquent under paragraph (5)
of this subsection (A) upon attaining 17 years of age shall be
considered as having committed the sex offense on or after the
sex offender's 17th birthday. Registration of juveniles upon
attaining 17 years of age shall not extend the original
registration of 10 years from the date of conviction.
    (B) As used in this Article, "sex offense" means:
        (1) A violation of any of the following Sections of the
    Criminal Code of 1961:
            11-20.1 (child pornography),
            11-6 (indecent solicitation of a child),
            11-9.1 (sexual exploitation of a child),
            11-9.2 (custodial sexual misconduct),
            11-9.5 (sexual misconduct with a person with a
        disability),
            11-15.1 (soliciting for a juvenile prostitute),
            11-18.1 (patronizing a juvenile prostitute),
            11-17.1 (keeping a place of juvenile
        prostitution),
            11-19.1 (juvenile pimping),
            11-19.2 (exploitation of a child),
            12-13 (criminal sexual assault),
            12-14 (aggravated criminal sexual assault),
            12-14.1 (predatory criminal sexual assault of a
        child),
            12-15 (criminal sexual abuse),
            12-16 (aggravated criminal sexual abuse),
            12-33 (ritualized abuse of a child).
            An attempt to commit any of these offenses.
        (1.5) A violation of any of the following Sections of
    the Criminal Code of 1961, when the victim is a person
    under 18 years of age, the defendant is not a parent of the
    victim, the offense was sexually motivated as defined in
    Section 10 of the Sex Offender Management Board Act, and
    the offense was committed on or after January 1, 1996:
            10-1 (kidnapping),
            10-2 (aggravated kidnapping),
            10-3 (unlawful restraint),
            10-3.1 (aggravated unlawful restraint).
        (1.6) First degree murder under Section 9-1 of the
    Criminal Code of 1961, when the victim was a person under
    18 years of age and the defendant was at least 17 years of
    age at the time of the commission of the offense, provided
    the offense was sexually motivated as defined in Section 10
    of the Sex Offender Management Board Act.
        (1.7) (Blank).
        (1.8) A violation or attempted violation of Section
    11-11 (sexual relations within families) of the Criminal
    Code of 1961, and the offense was committed on or after
    June 1, 1997.
        (1.9) Child abduction under paragraph (10) of
    subsection (b) of Section 10-5 of the Criminal Code of 1961
    committed by luring or attempting to lure a child under the
    age of 16 into a motor vehicle, building, house trailer, or
    dwelling place without the consent of the parent or lawful
    custodian of the child for other than a lawful purpose and
    the offense was committed on or after January 1, 1998,
    provided the offense was sexually motivated as defined in
    Section 10 of the Sex Offender Management Board Act.
        (1.10) A violation or attempted violation of any of the
    following Sections of the Criminal Code of 1961 when the
    offense was committed on or after July 1, 1999:
            10-4 (forcible detention, if the victim is under 18
        years of age), provided the offense was sexually
        motivated as defined in Section 10 of the Sex Offender
        Management Board Act,
            11-6.5 (indecent solicitation of an adult),
            11-15 (soliciting for a prostitute, if the victim
        is under 18 years of age),
            11-16 (pandering, if the victim is under 18 years
        of age),
            11-18 (patronizing a prostitute, if the victim is
        under 18 years of age),
            11-19 (pimping, if the victim is under 18 years of
        age).
        (1.11) A violation or attempted violation of any of the
    following Sections of the Criminal Code of 1961 when the
    offense was committed on or after August 22, 2002:
            11-9 (public indecency for a third or subsequent
        conviction).
        (1.12) A violation or attempted violation of Section
    5.1 of the Wrongs to Children Act (permitting sexual abuse)
    when the offense was committed on or after August 22, 2002.
        (2) A violation of any former law of this State
    substantially equivalent to any offense listed in
    subsection (B) of this Section.
    (C) A conviction for an offense of federal law, Uniform
Code of Military Justice, or the law of another state or a
foreign country that is substantially equivalent to any offense
listed in subsections (B), (C), and (E) of this Section shall
constitute a conviction for the purpose of this Article. A
finding or adjudication as a sexually dangerous person or a
sexually violent person under any federal law, Uniform Code of
Military Justice, or the law of another state or foreign
country that is substantially equivalent to the Sexually
Dangerous Persons Act or the Sexually Violent Persons
Commitment Act shall constitute an adjudication for the
purposes of this Article.
    (C-5) A person at least 17 years of age at the time of the
commission of the offense who is convicted of first degree
murder under Section 9-1 of the Criminal Code of 1961, against
a person under 18 years of age, shall be required to register
for natural life. A conviction for an offense of federal,
Uniform Code of Military Justice, sister state, or foreign
country law that is substantially equivalent to any offense
listed in subsection (C-5) of this Section shall constitute a
conviction for the purpose of this Article. This subsection
(C-5) applies to a person who committed the offense before June
1, 1996 only if the person is incarcerated in an Illinois
Department of Corrections facility on August 20, 2004 (the
effective date of Public Act 93-977).
    (D) As used in this Article, "law enforcement agency having
jurisdiction" means the Chief of Police in each of the
municipalities in which the sex offender expects to reside,
work, or attend school (1) upon his or her discharge, parole or
release or (2) during the service of his or her sentence of
probation or conditional discharge, or the Sheriff of the
county, in the event no Police Chief exists or if the offender
intends to reside, work, or attend school in an unincorporated
area. "Law enforcement agency having jurisdiction" includes
the location where out-of-state students attend school and
where out-of-state employees are employed or are otherwise
required to register.
    (D-1) As used in this Article, "supervising officer" means
the assigned Illinois Department of Corrections parole agent or
county probation officer.
    (E) As used in this Article, "sexual predator" means any
person who, after July 1, 1999, is:
        (1) Convicted for an offense of federal, Uniform Code
    of Military Justice, sister state, or foreign country law
    that is substantially equivalent to any offense listed in
    subsection (E) of this Section shall constitute a
    conviction for the purpose of this Article. Convicted of a
    violation or attempted violation of any of the following
    Sections of the Criminal Code of 1961, if the conviction
    occurred after July 1, 1999:
            11-17.1 (keeping a place of juvenile
        prostitution),
            11-19.1 (juvenile pimping),
            11-19.2 (exploitation of a child),
            11-20.1 (child pornography),
            12-13 (criminal sexual assault),
            12-14 (aggravated criminal sexual assault),
            12-14.1 (predatory criminal sexual assault of a
        child),
            12-16 (aggravated criminal sexual abuse),
            12-33 (ritualized abuse of a child); or
        (2) (blank); or
        (3) certified as a sexually dangerous person pursuant
    to the Sexually Dangerous Persons Act or any substantially
    similar federal, Uniform Code of Military Justice, sister
    state, or foreign country law; or
        (4) found to be a sexually violent person pursuant to
    the Sexually Violent Persons Commitment Act or any
    substantially similar federal, Uniform Code of Military
    Justice, sister state, or foreign country law; or
        (5) convicted of a second or subsequent offense which
    requires registration pursuant to this Act. The conviction
    for the second or subsequent offense must have occurred
    after July 1, 1999. For purposes of this paragraph (5),
    "convicted" shall include a conviction under any
    substantially similar Illinois, federal, Uniform Code of
    Military Justice, sister state, or foreign country law.
    (F) As used in this Article, "out-of-state student" means
any sex offender, as defined in this Section, or sexual
predator who is enrolled in Illinois, on a full-time or
part-time basis, in any public or private educational
institution, including, but not limited to, any secondary
school, trade or professional institution, or institution of
higher learning.
    (G) As used in this Article, "out-of-state employee" means
any sex offender, as defined in this Section, or sexual
predator who works in Illinois, regardless of whether the
individual receives payment for services performed, for a
period of time of 10 or more days or for an aggregate period of
time of 30 or more days during any calendar year. Persons who
operate motor vehicles in the State accrue one day of
employment time for any portion of a day spent in Illinois.
    (H) As used in this Article, "school" means any public or
private educational institution, including, but not limited
to, any elementary or secondary school, trade or professional
institution, or institution of higher education.
    (I) As used in this Article, "fixed residence" means any
and all places that a sex offender resides for an aggregate
period of time of 5 or more days in a calendar year.
(Source: P.A. 93-977, eff. 8-20-04; 93-979, eff. 8-20-04;
94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-945, eff. 6-27-06;
94-1053, eff. 7-24-06; revised 8-3-06.)
 
    (730 ILCS 150/3)  (from Ch. 38, par. 223)
    Sec. 3. Duty to register.
    (a) A sex offender, as defined in Section 2 of this Act, or
sexual predator shall, within the time period prescribed in
subsections (b) and (c), register in person and provide
accurate information as required by the Department of State
Police. Such information shall include a current photograph,
current address, current place of employment, the employer's
telephone number, school attended, extensions of the time
period for registering as provided in this Article and, if an
extension was granted, the reason why the extension was granted
and the date the sex offender was notified of the extension.
The information shall also include the county of conviction,
license plate numbers for every vehicle registered in the name
of the sex offender, the age of the sex offender at the time of
the commission of the offense, the age of the victim at the
time of the commission of the offense, and any distinguishing
marks located on the body of the sex offender. A person who has
been adjudicated a juvenile delinquent for an act which, if
committed by an adult, would be a sex offense shall register as
an adult sex offender within 10 days after attaining 17 years
of age. The sex offender or sexual predator shall register:
        (1) with the chief of police in the municipality in
    which he or she resides or is temporarily domiciled for a
    period of time of 5 or more days, unless the municipality
    is the City of Chicago, in which case he or she shall
    register at the Chicago Police Department Headquarters; or
        (2) with the sheriff in the county in which he or she
    resides or is temporarily domiciled for a period of time of
    5 or more days in an unincorporated area or, if
    incorporated, no police chief exists.
    If the sex offender or sexual predator is employed at or
attends an institution of higher education, he or she shall
register:
        (i) with the chief of police in the municipality in
    which he or she is employed at or attends an institution of
    higher education, unless the municipality is the City of
    Chicago, in which case he or she shall register at the
    Chicago Police Department Headquarters; or
        (ii) with the sheriff in the county in which he or she
    is employed or attends an institution of higher education
    located in an unincorporated area, or if incorporated, no
    police chief exists.
For purposes of this Article, the place of residence or
temporary domicile is defined as any and all places where the
sex offender resides for an aggregate period of time of 5 or
more days during any calendar year. Any person required to
register under this Article who lacks a fixed address or
temporary domicile must notify, in person, the agency of
jurisdiction of his or her last known address within 5 days
after ceasing to have a fixed residence.
    Any person who lacks a fixed residence must report weekly,
in person, with the sheriff's office of the county in which he
or she is located in an unincorporated area, or with the chief
of police in the municipality in which he or she is located.
The agency of jurisdiction will document each weekly
registration to include all the locations where the person has
stayed during the past 7 days.
    The sex offender or sexual predator shall provide accurate
information as required by the Department of State Police. That
information shall include the sex offender's or sexual
predator's current place of employment.
    (a-5) An out-of-state student or out-of-state employee
shall, within 5 days after beginning school or employment in
this State, register in person and provide accurate information
as required by the Department of State Police. Such information
will include current place of employment, school attended, and
address in state of residence. The out-of-state student or
out-of-state employee shall register:
        (1) with the chief of police in the municipality in
    which he or she attends school or is employed for a period
    of time of 5 or more days or for an aggregate period of
    time of more than 30 days during any calendar year, unless
    the municipality is the City of Chicago, in which case he
    or she shall register at the Chicago Police Department
    Headquarters; or
        (2) with the sheriff in the county in which he or she
    attends school or is employed for a period of time of 5 or
    more days or for an aggregate period of time of more than
    30 days during any calendar year in an unincorporated area
    or, if incorporated, no police chief exists.
    The out-of-state student or out-of-state employee shall
provide accurate information as required by the Department of
State Police. That information shall include the out-of-state
student's current place of school attendance or the
out-of-state employee's current place of employment.
    (b) Any sex offender, as defined in Section 2 of this Act,
or sexual predator, regardless of any initial, prior, or other
registration, shall, within 5 days of beginning school, or
establishing a residence, place of employment, or temporary
domicile in any county, register in person as set forth in
subsection (a) or (a-5).
    (c) The registration for any person required to register
under this Article shall be as follows:
        (1) Any person registered under the Habitual Child Sex
    Offender Registration Act or the Child Sex Offender
    Registration Act prior to January 1, 1996, shall be deemed
    initially registered as of January 1, 1996; however, this
    shall not be construed to extend the duration of
    registration set forth in Section 7.
        (2) Except as provided in subsection (c)(4), any person
    convicted or adjudicated prior to January 1, 1996, whose
    liability for registration under Section 7 has not expired,
    shall register in person prior to January 31, 1996.
        (2.5) Except as provided in subsection (c)(4), any
    person who has not been notified of his or her
    responsibility to register shall be notified by a criminal
    justice entity of his or her responsibility to register.
    Upon notification the person must then register within 5
    days of notification of his or her requirement to register.
    If notification is not made within the offender's 10 year
    registration requirement, and the Department of State
    Police determines no evidence exists or indicates the
    offender attempted to avoid registration, the offender
    will no longer be required to register under this Act.
        (3) Except as provided in subsection (c)(4), any person
    convicted on or after January 1, 1996, shall register in
    person within 5 days after the entry of the sentencing
    order based upon his or her conviction.
        (4) Any person unable to comply with the registration
    requirements of this Article because he or she is confined,
    institutionalized, or imprisoned in Illinois on or after
    January 1, 1996, shall register in person within 5 days of
    discharge, parole or release.
        (5) The person shall provide positive identification
    and documentation that substantiates proof of residence at
    the registering address.
        (6) The person shall pay a $20 initial registration fee
    and a $10 annual renewal fee. The fees shall be used by the
    registering agency for official purposes. The agency shall
    establish procedures to document receipt and use of the
    funds. The law enforcement agency having jurisdiction may
    waive the registration fee if it determines that the person
    is indigent and unable to pay the registration fee. Ten
    dollars for the initial registration fee and $5 of the
    annual renewal fee shall be used by the registering agency
    for official purposes. Ten dollars of the initial
    registration fee and $5 of the annual fee shall be
    deposited into the Sex Offender Management Board Fund under
    Section 19 of the Sex Offender Management Board Act. Money
    deposited into the Sex Offender Management Board Fund shall
    be administered by the Sex Offender Management Board and
    shall be used to fund practices endorsed or required by the
    Sex Offender Management Board Act including but not limited
    to sex offenders evaluation, treatment, or monitoring
    programs that are or may be developed, as well as for
    administrative costs, including staff, incurred by the
    Board.
    (d) Within 5 days after obtaining or changing employment
and, if employed on January 1, 2000, within 5 days after that
date, a person required to register under this Section must
report, in person to the law enforcement agency having
jurisdiction, the business name and address where he or she is
employed. If the person has multiple businesses or work
locations, every business and work location must be reported to
the law enforcement agency having jurisdiction.
(Source: P.A. 93-616, eff. 1-1-04; 93-979, eff. 8-20-04;
94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-994, eff. 1-1-07.)
 
    (730 ILCS 150/3-5 new)
    Sec. 3-5. Application of Act to adjudicated juvenile
delinquents.
    (a) In all cases involving an adjudicated juvenile
delinquent who meets the definition of sex offender as set
forth in paragraph (5) of subsection (A) of Section 2 of this
Act, the court shall order the minor to register as a sex
offender.
    (b) Once an adjudicated juvenile delinquent is ordered to
register as a sex offender, the adjudicated juvenile delinquent
shall be subject to the registration requirements set forth in
Sections 3, 6, 6-5, 8, 8-5, and 10 for the term of his or her
registration.
    (c) For a minor adjudicated delinquent for an offense
which, if charged as an adult, would be a felony, no less than
5 years after registration ordered pursuant to subsection (a)
of this Section, the minor may petition for the termination of
the term of registration. For a minor adjudicated delinquent
for an offense which, if charged as an adult, would be a
misdemeanor, no less than 2 years after registration ordered
pursuant to subsection (a) of this Section, the minor may
petition for termination of the term of registration.
    (d) The court may upon a hearing on the petition for
termination of registration, terminate registration if the
court finds that the registrant poses no risk to the community
by a preponderance of the evidence based upon the factors set
forth in subsection (e).
    (e) To determine whether a registrant poses a risk to the
community as required by subsection (d), the court shall
consider the following factors:
        (1) a risk assessment performed by an evaluator
    approved by the Sex Offender Management Board;
        (2) the sex offender history of the adjudicated
    juvenile delinquent;
        (3) evidence of the adjudicated juvenile delinquent's
    rehabilitation;
        (4) the age of the adjudicated juvenile delinquent at
    the time of the offense;
        (5) information related to the adjudicated juvenile
    delinquent's mental, physical, educational, and social
    history;
        (6) victim impact statements; and
        (7) any other factors deemed relevant by the court.
    (f) At the hearing set forth in subsections (c) and (d), a
registrant shall be represented by counsel and may present a
risk assessment conducted by an evaluator who is a licensed
psychiatrist, psychologist, or other mental health
professional, and who has demonstrated clinical experience in
juvenile sex offender treatment.
    (g) After a registrant completes the term of his or her
registration, his or her name, address, and all other
identifying information shall be removed from all State and
local registries.
    (h) This Section applies retroactively to cases in which
adjudicated juvenile delinquents who registered or were
required to register before the effective date of this
amendatory Act of the 95th General Assembly. On or after the
effective date of this amendatory Act of the 95th General
Assembly, a person adjudicated delinquent before the effective
date of this amendatory Act of the 95th General Assembly may
request a hearing regarding status of registration by filing a
Petition Requesting Registration Status with the clerk of the
court. Upon receipt of the Petition Requesting Registration
Status, the clerk of the court shall provide notice to the
parties and set the Petition for hearing pursuant to
subsections (c) through (e) of this Section.
    (i) This Section does not apply to minors prosecuted under
the criminal laws as adults.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 10/11/2007