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| Public Act 096-1102 | ||||
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AN ACT concerning sex offenders.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Sex Offender Registration Act is amended by | ||||
changing Section 3 as follows:
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(730 ILCS 150/3)
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Sec. 3. Duty to register.
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(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
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Police. Such information shall include a current photograph,
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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. The sex offender or
sexual predator | ||
shall register:
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(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 3 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
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(2) with the sheriff in the county in which
he or she | ||
resides or is
temporarily domiciled
for a period of time of | ||
3 5 or more days in an unincorporated
area or, if | ||
incorporated, no police chief exists.
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If the sex offender or sexual predator is employed at or | ||
attends an institution of higher education, he or she shall | ||
register:
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(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.
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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 3 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.
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A sex offender or sexual predator who is temporarily absent | ||
from his or her current address of registration for 3 or more | ||
days shall notify the law enforcement agency having | ||
jurisdiction of his or her current registration, including the | ||
itinerary for travel, in the manner provided in Section 6 of | ||
this Act for notification to the law enforcement agency having | ||
jurisdiction of change of address. | ||
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.
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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.
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(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:
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(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
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(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
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or, if incorporated, no police chief exists.
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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.
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(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).
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(c) The registration for any person required to register | ||
under this
Article shall be as follows:
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(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.
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(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.
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(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
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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.
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(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.
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(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.
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(5) The person shall provide positive identification | ||
and documentation
that substantiates proof of residence at | ||
the registering address.
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(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
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administrative costs, including staff, incurred by the | ||
Board.
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(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.
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(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.)
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Section 99. Effective date. This Act takes effect January | ||
1, 2011.
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