|
of Section 12-15 of this Code; or |
(3) a child sex offender who is married to and living |
in the same household with the parent or guardian of the |
minor. |
This subsection (c) shall not be construed to allow a child |
sex offender to knowingly reside within 500 feet of the minor |
victim of the sex offense if prohibited by subsection (b-6) of |
Section 11-9.4 of this Code. |
(d) Sentence. A person who violates this Section is guilty |
of a Class A misdemeanor. |
(e) Nothing in this Section shall prohibit the filing of a |
petition or the instituting of any proceeding under Article II |
of the Juvenile Court Act of 1987 relating to abused minors.
|
Section 10. The Sex Offender Registration Act is amended by |
changing Sections 3 and 6 as follows:
|
(730 ILCS 150/3)
|
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, all e-mail addresses, |
|
instant messaging identities, chat room identities, and other |
Internet communications identities that the sex offender uses |
or plans to use, all Uniform Resource Locators (URLs) |
registered or used by the sex offender, all blogs and other |
Internet sites maintained by the sex offender or to which the |
sex offender has uploaded any content or posted any messages or |
information, 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 sex offender convicted under |
Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code |
of 1961 shall provide all Internet protocol (IP) addresses in |
his or her residence, registered in his or her name, accessible |
at his or her place of employment, or otherwise under his or |
her control or custody. If the sex offender is a child sex |
offender as defined in Section 11-9.3 or 11-9.4 of the Criminal |
Code of 1961, the sex offender shall report to the registering |
agency whether he or she is living in a household with a child |
under 18 years of age who is not his or her own child, provided |
that his or her own child is not the victim of the sex offense. |
|
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 3 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 3 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. A sex offender convicted under |
Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code |
of 1961 shall provide all Internet protocol (IP) addresses in |
his or her residence, registered in his or her name, accessible |
at his or her place of employment, or otherwise under his or |
her control or custody. 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.
|
(a-10) Any law enforcement agency registering sex |
offenders or sexual predators in accordance with subsections |
(a) or (a-5) of this Section shall forward to the Attorney |
General a copy of sex offender registration forms from persons |
convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the |
Criminal Code of 1961, including periodic and annual |
registrations under Section 6 of this Act. |
(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 3 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 3 |
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 3 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 3 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 3 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. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-994, |
eff. 1-1-07; 95-229, eff. 8-16-07; 95-579, eff. 6-1-08; 95-640, |
eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. 8-21-08.)
|
(730 ILCS 150/6) (from Ch. 38, par. 226)
|
Sec. 6. Duty to report; change of address, school, or |
employment; duty
to inform.
A person who has been adjudicated |
to be 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 this Act after July 1, 2005, shall |
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. Such sexually dangerous or |
sexually
violent person must report all new or changed e-mail |
addresses, all new or changed instant messaging identities, all |
new or changed chat room identities, and all other new or |
changed Internet communications identities that the sexually |
dangerous or sexually
violent person uses or plans to use, all |
new or changed Uniform Resource Locators (URLs) registered or |
used by the sexually dangerous or sexually
violent person, and |
all new or changed blogs and other Internet sites maintained by |
the sexually dangerous or sexually
violent person or to which |
the sexually dangerous or sexually
violent person has uploaded |
any content or posted any messages or information. Any person |
who lacks a fixed residence must report weekly, in person, to |
the appropriate law enforcement agency where the sex offender |
is located. Any other person who is required to register under |
this
Article shall 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. If any person |
|
required to register under this Article lacks a fixed residence |
or temporary domicile, he or she must notify, in person, the |
agency of jurisdiction of his or her last known address within |
3 days after ceasing to have a fixed residence and if the |
offender leaves the last jurisdiction of residence, he or she, |
must within 3 days after leaving register in person with the |
new agency of jurisdiction. If any other person required to |
register
under this Article changes his or her residence |
address, place of
employment,
or school, he or she shall report |
in
person to the law
enforcement agency
with whom he or she |
last registered of his or her new address, change in
|
employment, or school, all new or changed e-mail addresses, all |
new or changed instant messaging identities, all new or changed |
chat room identities, and all other new or changed Internet |
communications identities that the sex offender uses or plans |
to use, all new or changed Uniform Resource Locators (URLs) |
registered or used by the sex offender, and all new or changed |
blogs and other Internet sites maintained by the sex offender |
or to which the sex offender has uploaded any content or posted |
any messages or information, and register, in person, with the |
appropriate law enforcement
agency within the
time period |
specified in Section 3. If the sex offender is a child sex |
offender as defined in Section 11-9.3 or 11-9.4 of the Criminal |
Code of 1961, the sex offender shall within 3 days after |
beginning to reside in a household with a child under 18 years |
of age who is not his or her own child, provided that his or her |
|
own child is not the victim of the sex offense, report that |
information to the registering law enforcement agency. The law |
enforcement agency shall, within 3
days of the reporting in |
person by the person required to register under this Article, |
notify the Department of State Police of the new place of |
residence, change in
employment, or school.
|
If any person required to register under this Article |
intends to establish a
residence or employment outside of the |
State of Illinois, at least 10 days
before establishing that |
residence or employment, he or she shall report in person to |
the law enforcement agency with which he or she last registered |
of his
or her out-of-state intended residence or employment. |
The law enforcement agency with
which such person last |
registered shall, within 3 days after the reporting in person |
of the person required to register under this Article of an |
address or
employment change, notify the Department of State |
Police. The Department of
State Police shall forward such |
information to the out-of-state law enforcement
agency having |
jurisdiction in the form and manner prescribed by the
|
Department of State Police.
|
(Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-229, |
eff. 8-16-07; 95-331, eff. 8-21-07; 95-640, eff. 6-1-08; |
95-876, eff. 8-21-08.) |