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Public Act 92-0828
HB5874 Enrolled LRB9215238RCsbA
AN ACT in relation to sex offenders.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 2. The Criminal Code of 1961 is amended by
changing Section 11-9.4 as follows:
(720 ILCS 5/11-9.4)
Sec. 11-9.4. Approaching, contacting, residing, or
communicating with a child within certain places public park
zone by child sex offenders prohibited.
(a) It is unlawful for a child sex offender to knowingly
be present in any public park building or on real property
comprising any public park when persons under the age of 18
are present in the building or on the grounds and to
approach, contact, or communicate with a child under 18 years
of age, unless the offender is a parent or guardian of a
person under 18 years of age present in the building or on
the grounds.
(b) It is unlawful for a child sex offender to knowingly
loiter on a public way within 500 feet of a public park
building or real property comprising any public park while
persons under the age of 18 are present in the building or on
the grounds and to approach, contact, or communicate with a
child under 18 years of age, unless the offender is a parent
or guardian of a person under 18 years of age present in the
building or on the grounds.
(b-5) It is unlawful for a child sex offender to
knowingly reside within 500 feet of a playground or a
facility providing programs or services exclusively directed
toward persons under 18 years of age. Nothing in this
subsection (b-5) prohibits a child sex offender from residing
within 500 feet of a playground or a facility providing
programs or services exclusively directed toward persons
under 18 years of age if the property is owned by the child
sex offender and was purchased before the effective date of
this amendatory Act of the 91st General Assembly.
(b-6) It is unlawful for a child sex offender to
knowingly reside within 500 feet of the victim of the sex
offense. Nothing in this subsection (b-6) prohibits a child
sex offender from residing within 500 feet of the victim if
the property in which the child sex offender resides is owned
by the child sex offender and was purchased before the
effective date of this amendatory Act of the 92nd General
Assembly.
This subsection (b-6) does not apply if the victim of the
sex offense is 21 years of age or older.
(c) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, volunteer at, be associated
with, or knowingly be present at any facility providing
programs or services exclusively directed towards persons
under the age of 18. This does not prohibit a child sex
offender from owning the real property upon which the
programs or services are offered, provided the child sex
offender refrains from being present on the premises for the
hours during which the programs or services are being
offered.
(d) Definitions. In this Section:
(1) "Child sex offender" means any person who:
(i) has been charged under Illinois law, or
any substantially similar federal law or law of
another state, with a sex offense set forth in
paragraph (2) of this subsection (d) 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 subsection (c) of Section
104-25 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 subsection (a) of Section
104-25 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 law or the law of another state
substantially similar to subsection (c) of
Section 104-25 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 law or the law
of another state substantially similar to
subsection (a) of Section 104-25 of the Code of
Criminal Procedure of 1963 for the alleged
violation or attempted commission of such
offense; or
(ii) is certified as a sexually dangerous
person pursuant to the Illinois Sexually Dangerous
Persons Act, or any substantially similar federal
law or the law of another state, when any conduct
giving rise to such certification is committed or
attempted against a person less than 18 years of
age; or
(iii) is subject to the provisions of Section
2 of the Interstate Agreements on Sexually Dangerous
Persons Act.
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
Section as one conviction. Any conviction set aside
pursuant to law is not a conviction for purposes of this
Section.
(2) Except as otherwise provided in paragraph
(2.5), "sex offense" means:
(i) A violation of any of the following
Sections of the Criminal Code of 1961: 10-7 (aiding
and abetting child abduction under Section
10-5(b)(10)), 10-5(b)(10) (child luring), 11-6
(indecent solicitation of a child), 11-6.5 (indecent
solicitation of an adult), 11-9 (public indecency
when committed in a school, on the real property
comprising a school, on a conveyance owned, leased,
or contracted by a school to transport students to
or from school or a school related activity, or in a
public park), 11-9.1 (sexual exploitation of a
child), 11-15.1 (soliciting for a juvenile
prostitute), 11-17.1 (keeping a place of juvenile
prostitution), 11-18.1 (patronizing a juvenile
prostitute), 11-19.1 (juvenile pimping), 11-19.2
(exploitation of a child), 11-20.1 (child
pornography), 11-21 (harmful material), 12-14.1
(predatory criminal sexual assault of a child),
12-33 (ritualized abuse of a child), 11-20
(obscenity) (when that offense was committed in any
school, on real property comprising any school, on
any conveyance owned, leased, or contracted by a
school to transport students to or from school or a
school related activity, or in a public park). An
attempt to commit any of these offenses.
(ii) 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: 12-13
(criminal sexual assault), 12-14 (aggravated
criminal sexual assault), 12-15 (criminal sexual
abuse), 12-16 (aggravated criminal sexual abuse).
An attempt to commit any of these offenses.
(iii) 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 and the
defendant is not a parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this
State substantially equivalent to any offense listed
in clause (2)(i) of this subsection (d).
(2.5) For the purposes of subsection (b-5) only, a
sex offense means:
(i) A violation of any of the following
Sections of the Criminal Code of 1961:
10-5(b)(10) (child luring), 10-7 (aiding
and abetting child abduction under Section
10-5(b)(10)), 11-6 (indecent solicitation of a
child), 11-6.5 (indecent solicitation of an
adult), 11-15.1 (soliciting for a juvenile
prostitute), 11-17.1 (keeping a place of
juvenile prostitution), 11-18.1 (patronizing a
juvenile prostitute), 11-19.1 (juvenile
pimping), 11-19.2 (exploitation of a child),
11-20.1 (child pornography), 12-14.1 (predatory
criminal sexual assault of a child), or 12-33
(ritualized abuse of a child). An attempt to
commit any of these offenses.
(ii) 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: 12-13
(criminal sexual assault), 12-14 (aggravated
criminal sexual assault), 12-16 (aggravated criminal
sexual abuse), and subsection (a) of Section 12-15
(criminal sexual abuse). An attempt to commit any
of these offenses.
(iii) 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 and the
defendant is not a parent of the victim:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
An attempt to commit any of these offenses.
(iv) A violation of any former law of this
State substantially equivalent to any offense listed
in this paragraph (2.5) of this subsection.
(3) A conviction for an offense of federal law or
the law of another state that is substantially equivalent
to any offense listed in paragraph (2) of this
subsection (d) shall constitute a conviction for the
purpose of this Section. A finding or adjudication as a
sexually dangerous person under any federal law or law of
another state that is substantially equivalent to the
Sexually Dangerous Persons Act shall constitute an
adjudication for the purposes of this Section.
(4) "Public park" includes a park, forest preserve,
or conservation area under the jurisdiction of the State
or a unit of local government.
(5) "Facility providing programs or services
directed towards persons under the age of 18" means any
facility providing programs or services exclusively
directed towards persons under the age of 18.
(6) "Loiter" means:
(i) Standing, sitting idly, whether or not the
person is in a vehicle or remaining in or around
public park property.
(ii) Standing, sitting idly, whether or not
the person is in a vehicle or remaining in or around
public park property, for the purpose of committing
or attempting to commit a sex offense.
(7) "Playground" means a piece of land owned or
controlled by a unit of local government that is
designated by the unit of local government for use solely
or primarily for children's recreation.
(e) Sentence. A person who violates this Section is
guilty of a Class 4 felony.
(Source: P.A. 91-458, eff. 1-1-00; 91-911, eff. 7-7-00.)
Section 5. The Sex Offender Registration Act is amended
by changing Sections 2, 3, 4, 5, 5-5, 6, 7, 8-5, and 10 as
follows:
(730 ILCS 150/2) (from Ch. 38, par. 222)
Sec. 2. Definitions.
(A) As used in this Article, the following definitions
apply: (A) "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.
(A-5) "Juvenile sex offender" means any person who is
Adjudicated a juvenile delinquent as the result of the
commission of or attempt to commit a violation set forth in
item (B), (C), or (C-5) of this Section or a violation of any
substantially similar federal, sister state, or foreign
country law. For purposes of this Section, "convicted" shall
have the same meaning as "adjudicated".
(B) As used in this Article Section, "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),
11-15.1 (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 felony 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, 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).
An attempt to commit any of these offenses.
(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, the defendant was at least 17 years of
age at the time of the commission of the offense, and the
offense was committed on or after June 1, 1996.
(1.7) (Blank).
(1.8) A violation or attempted violation of Section
11-11 (sexual relations within families) of the Criminal
Code of 1961, when the victim was a person under 18 years
of age 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 housetrailer, 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.
(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 the
effective date of this amendatory Act of the 91st General
Assembly:
10-4 (forcible detention, if the victim is
under 18 years of age),
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 the effective date
of this amendatory Act of the 92nd General Assembly:
11-9 (public indecency for a third or
subsequent conviction),
11-9.2 (custodial sexual misconduct).
(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
the effective date of this amendatory Act of the 92nd
General Assembly.
(2) A violation of any former law of this State
substantially equivalent to any offense listed in
subsection (B)(1) 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 subsection (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,
committed on or after June 1, 1996 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.
(D) As used in this Article, "law enforcement agency
having jurisdiction" means the Chief of Police in each of the
municipalities municipality 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.
(E) As used in this Article, "sexual predator" means any
person who, after July 1, 1999 the effective date of this
amendatory Act of the 91st General Assembly, 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
and the conviction occurred after July 1, 1999 the
effective date of this amendatory Act of the 91st General
Assembly:
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, if the victim
is a person under 12 years of age),
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) convicted of 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; 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 the effective date of this
amendatory Act of the 91st General Assembly. For
purposes of this paragraph (5), "convicted" shall include
includes 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 exceeding 14 days or for an
aggregate period of time of exceeding 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.
(Source: P.A. 90-193, eff. 7-24-97; 90-494, eff. 1-1-98;
90-655, eff. 7-30-98; 91-48, eff. 7-1-99; revised 12-9-99.)
(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 subsection (c), register in person and
provide accurate information as required by the Department of
State Police. Such information shall will include current
address, current place of employment, and school attended.
The sex offender or sexual predator shall register:
(1) with the chief of police in each of the
municipalities municipality in which he or she attends
school, is employed, resides or is temporarily domiciled
for a period of time of 10 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 each of the counties in
which county, if he or she attends school, is employed,
resides or is temporarily domiciled for more than 10 days
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 10 or
more days during any calendar year.
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 A out-of-state student or out-of-state employee
shall, within 10 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:
(1) with the chief of police in each of the
municipalities municipality in which he or she is
employed or attends school or is employed for a period of
time of 10 or more days exceeding 14 days or for an
aggregate period of time of more than exceeding 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 each of the counties county
in which he or she attends school or is employed for a
period of time of 10 or more days exceeding 14 days or
for an aggregate period of time of more than exceeding 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-5) In addition to the registration requirements
imposed upon a sex offender by subsection (a), a sex offender
who is required to register under this Article and who is
employed on the effective date of this amendatory Act of 1999
within 10 days after the effective date of this amendatory
Act of 1999 and a sex offender who is convicted on or after
the effective date of this amendatory Act of 1999, within 10
days after employment shall submit in person or in writing
the business name and address where he or she is employed.
Multiple businesses or work locations must be reported to the
agency having jurisdiction. The sex offender must submit his
or her business address to the law enforcement agency having
jurisdiction within 10 days after obtaining employment or if
employed on the effective date of this amendatory Act of 1999
within 10 days after that effective date.
(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 10 days of beginning
school, or establishing a residence, place of employment, or
temporary domicile for more than 10 days in any county,
register in person as set forth in subsection (a)(1), (a)(2),
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 10 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 10 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 they are confined, institutionalized, or
imprisoned in Illinois on or after January 1, 1996, shall
register in person within 10 days of discharge, parole or
release.;
(5) The person shall provide positive
identification and documentation that substantiates proof
of residence at the registering address.; and
(6) The person shall pay a $10 initial registration
fee and a $5 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.
(d) Within 10 days after obtaining or changing
employment and, if employed on January 1, 2000, within 10
days after that date, a person required to register under
this Section must report, in person or in writing 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. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99;
91-394, eff. 1-1-00; revised 12-9-99.)
(730 ILCS 150/4) (from Ch. 38, par. 224)
Sec. 4. Discharge of sex offender, as defined in Section
2 of this Act, or sexual predator from Department of
Corrections facility or other penal institution; duties of
official in charge. Any sex offender, as defined in Section 2
of this Act, or sexual predator, as defined by this Article,
who is discharged, paroled or released from a Department of
Corrections facility, a facility where such person was placed
by the Department of Corrections or another penal
institution, and whose liability for registration has not
terminated under Section 7 shall, prior to discharge, parole
or release from the facility or institution, be informed of
his or her duty to register in person within 10 days under
this Article by the facility or institution in which he or
she was confined. The facility or institution shall also
inform any person who must register that if he or she
establishes a residence outside of the State of Illinois, is
employed outside of the State of Illinois, or attends school
outside of the State of Illinois, he or she must register in
the new state within 10 days after establishing the
residence, beginning employment, or beginning school.
The facility shall require the person to read and sign
such form as may be required by the Department of State
Police stating that the duty to register and the procedure
for registration has been explained to him or her and that he
or she understands the duty to register and the procedure for
registration. The facility shall further advise the person
in writing that the failure to register or other violation of
this Article shall result in revocation of parole, mandatory
supervised release or conditional release. The facility shall
obtain information about the address where the person expects
to reside, work, and attend school upon his or her discharge,
parole or release and shall report the information address to
the Department of State Police. The facility shall give one
copy of the form to the person and shall send one copy to
each of two copies to the Department of State Police which
shall notify the law enforcement agencies agency having
jurisdiction where the person expects to reside, work, and
attend school upon his or her discharge, parole or release
and retain one copy for the files. Electronic data files
which includes all notification form information and
photographs of sex offenders being released from an Illinois
Department of Corrections facility will be shared on a
regular basis as determined between the Department of State
Police and the Department of Corrections.
(Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99.)
(730 ILCS 150/5) (from Ch. 38, par. 225)
Sec. 5. Release of sex offender, as defined in Section 2
of this Act, or sexual predator; duties of the Court. Any sex
offender, as defined in Section 2 of this Act, or sexual
predator, as defined by this Article, who is released on
probation or discharged upon payment of a fine because of the
commission of one of the offenses defined in subsection (B)
of Section 2 of this Article, shall, prior to such release be
informed of his or her duty to register under this Article by
the Court in which he or she was convicted. The Court shall
also inform any person who must register that if he or she
establishes a residence outside of the State of Illinois, is
employed outside of the State of Illinois, or attends school
outside of the State of Illinois, he or she must register in
the new state within 10 days after establishing the
residence, beginning employment, or beginning school. The
Court shall require the person to read and sign such form as
may be required by the Department of State Police stating
that the duty to register and the procedure for registration
has been explained to him or her and that he or she
understands the duty to register and the procedure for
registration. The Court shall further advise the person in
writing that the failure to register or other violation of
this Article shall result in probation revocation. The Court
shall obtain information about the address where the person
expects to reside, work, and attend school upon his or her
release, and shall report the information address to the
Department of State Police. The Court shall give one copy of
the form to the person and retain the original in the court
records. The Department of State Police shall notify the law
enforcement agencies agency having jurisdiction where the
person expects to reside, work and attend school upon his or
her release.
(Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99.)
(730 ILCS 150/5-5)
Sec. 5-5. Discharge of sex offender or sexual predator
from a hospital or other treatment facility; duties of the
official in charge. Any sex offender, as defined in Section 2
of this Act, or sexual predator, as defined in this Article,
who is discharged or released from a hospital or other
treatment facility where he or she was confined shall be
informed by the hospital or treatment facility in which he or
she was confined, prior to discharge or release from the
hospital or treatment facility, of his or her duty to
register under this Article.
The facility shall require the person to read and sign
such form as may be required by the Department of State
Police stating that the duty to register and the procedure
for registration has been explained to him or her and that he
or she understands the duty to register and the procedure for
registration. The facility shall give one copy of the form
to the person, retain one copy for their records, and forward
the original to the Department of State Police. The facility
shall obtain information about the address where the person
expects to reside, work, and attend school upon his or her
discharge, parole, or release and shall report the
information address to the Department of State Police within
3 days. The facility or institution shall also inform any
person who must register that if he or she establishes a
residence outside of the State of Illinois, is employed
outside of the State of Illinois, or attends school outside
of the State of Illinois, he or she must register in the new
state within 10 days after establishing the residence,
beginning school, or beginning employment. The Department of
State Police shall notify the law enforcement agencies agency
having jurisdiction where the person expects to reside, work,
and attend school upon his or her release.
(Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99.)
(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, shall must 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. 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 that registration and every year thereafter. If any
person required to register under this Article changes his or
her residence address, or place of employment, or school, he
or she shall, in writing, within 10 days inform the law
enforcement agency with whom he or she last registered of his
or her new address, change in or new place of employment, or
school and register with the appropriate law enforcement
agency within the time period specified in Section 3. The
law enforcement agency shall, within 3 days of receipt,
notify the Department of State Police and the law enforcement
agency having jurisdiction of the new place of residence,
change in or new place of employment, or school.
If any person required to register under this Article
establishes a residence or employment outside of the State of
Illinois, within 10 days after establishing that residence or
employment, he or she shall, in writing, inform the law
enforcement agency with which he or she last registered of
his or her out-of-state residence or employment. The law
enforcement agency with which such person last registered
shall, within 3 days notice 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. 91-48, eff. 7-1-99; 91-394, eff. 1-1-00; 92-16,
eff. 6-28-01.)
(730 ILCS 150/7) (from Ch. 38, par. 227)
Sec. 7. Duration of registration. A person who has been
adjudicated to be sexually dangerous and is later released or
found to be no longer sexually dangerous and discharged,
shall register for the period of his or her natural life. A
sexually violent person or sexual predator shall register for
the period of his or her natural life after conviction or
adjudication if not confined to a penal institution,
hospital, or other institution or facility, and if confined,
for the period of his or her natural life after parole,
discharge, or release from any such facility. Any other
person who is required to register under this Article shall
be required to register for a period of 10 years after
conviction or adjudication if not confined to a penal
institution, hospital or any other institution or facility,
and if confined, for a period of 10 years after parole,
discharge or release from any such facility. A sex offender
who is allowed to leave a county, State, or federal facility
for the purposes of work release, education, or overnight
visitations shall be required to register within 10 days of
beginning such a program. Liability for registration
terminates at the expiration of 10 years from the date of
conviction or adjudication if not confined to a penal
institution, hospital or any other institution or facility
and if confined, at the expiration of 10 years from the date
of parole, discharge or release from any such facility,
providing such person does not, during that period, again
become liable to register under the provisions of this
Article. The Director of State Police, consistent with
administrative rules, shall extend for 10 years the
registration period of any sex offender, as defined in
Section 2 of this Act, who fails to comply with the
provisions of this Article.
(Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99.)
(730 ILCS 150/8-5)
Sec. 8-5. Address verification requirements. The agency
having jurisdiction shall verify the address of sex
offenders, as defined in Section 2 of this Act, or sexual
predators required to register with their agency at least
once per calendar year. The verification must be documented
in LEADS in the form and manner required by the Department of
State Police.
(730 ILCS 150/10) (from Ch. 38, par. 230)
Sec. 10. Penalty. Any person who is required to
register under this Article who violates any of the
provisions of this Article and any person who is required to
register under this Article who seeks to change his or her
name under Article 21 of the Code of Civil Procedure is
guilty of a Class 4 felony. Any person who is required to
register under this Article who knowingly or wilfully gives
material information required by this Article that is false
is guilty of a Class 3 felony. Any person convicted of a
violation of any provision of this Article shall, in addition
to any other penalty required by law, be required to serve a
minimum period of 7 days confinement in the local county
jail. The court shall impose a mandatory minimum fine of
$500 for failure to comply with any provision of this
Article. These fines shall be deposited in the Sex Offender
Registration Fund. Any sex offender, as defined in Section 2
of this Act, or sexual predator who violates any provision of
this Article may be tried in any Illinois county where the
sex offender can be located.
(Source: P.A. 91-48, eff. 7-1-99; 91-221, eff. 7-22-99;
92-16, eff. 6-28-01.)
Section 10. The Sex Offender and Child Murderer
Community Notification Law is amended by changing Sections
105, 117, and 120 as follows:
(730 ILCS 152/105)
Sec. 105. Definitions. As used in this Article, the
following definitions apply:
"Child care facilities" has the meaning set forth in the
Child Care Act of 1969, but does not include licensed foster
homes.
"Law enforcement agency having jurisdiction" means the
Chief of Police in the municipality in which the sex offender
expects to reside (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 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.
"Sex offender" means any sex offender as defined in the
Sex Offender Registration Act whose offense or adjudication
as a sexually dangerous person occurred on or after June 1,
1996, and whose victim was under the age of 18 at the time
the offense was committed but does not include the offenses
set forth in subsection (b)(1.5) of Section 2 of that Act;
and any sex offender as defined in the Sex Offender
Registration Act whose offense or adjudication as a sexually
dangerous person occurred on or after June 1, 1997, and whose
victim was 18 years of age or older at the time the offense
was committed but does not include the offenses set forth in
subsection (b)(1.5) of Section 2 of that Act.
"Sex offender" also means any sex offender as defined in
the Sex Offender Registration Act whose offense or
adjudication as a sexually dangerous person occurred before
June 1, 1996, and whose victim was under the age of 18 at the
time the offense was committed but does not include the
offenses set forth in subsection (b)(1.5) of Section 2 of
that Act; and any sex offender as defined in the Sex Offender
Registration Act whose offense or adjudication as a sexually
dangerous person occurred before June 1, 1997, and whose
victim was 18 years of age or older at the time the offense
was committed but does not include the offenses set forth in
subsection (b)(1.5) of Section 2 of that Act.
"Juvenile sex offender" means any person who is
adjudicated a juvenile delinquent as the result of the
commission of or attempt to commit a violation set forth in
item (B), (C), or (C-5) of Section 2 of the Sex Offender
Registration Act, or a violation of any substantially similar
federal, Uniform Code of Military Justice, sister state, or
foreign country law, and whose adjudication occurred on or
after the effective date of this amendatory Act of the 91st
General Assembly.
(Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99.)
(730 ILCS 152/117)
Sec. 117. The Department of State Police shall
promulgate rules to develop a list of sex offenders covered
by this Act and a list of child care facilities, and schools,
and institutions of higher education eligible to receive
notice under this Act, so that the list can be disseminated
in a timely manner to law enforcement agencies having
jurisdiction.
(Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96;
90-193, eff. 7-24-97.)
(730 ILCS 152/120)
Sec. 120. Community notification of sex offenders.
(a) The sheriff of the county, except Cook County, shall
disclose to the following the name, address, date of birth,
place of employment, school attended, and offense or
adjudication of all sex offenders required to register under
Section 3 of the Sex Offender Registration Act:
(1) The boards of institutions of higher education
or other appropriate administrative offices of each
non-public institution of higher education located in the
county where the sex offender is required to register,
resides, is employed, or is attending an institution of
higher education (Blank); and
(2) School boards of public school districts and
the principal or other appropriate administrative officer
of each nonpublic school located in the county where the
sex offender is required to register or is employed; and
(3) Child care facilities located in the county
where the sex offender is required to register or is
employed.
(a-2) The sheriff of Cook County shall disclose to the
following the name, address, date of birth, place of
employment, school attended, and offense or adjudication of
all sex offenders required to register under Section 3 of the
Sex Offender Registration Act:
(1) School boards of public school districts and
the principal or other appropriate administrative officer
of each nonpublic school located within the region of
Cook County, as those public school districts and
nonpublic schools are identified in LEADS, other than the
City of Chicago, where the sex offender is required to
register or is employed; and
(2) Child care facilities located within the region
of Cook County, as those child care facilities are
identified in LEADS, other than the City of Chicago,
where the sex offender is required to register or is
employed; and
(3) The boards of institutions of higher education
or other appropriate administrative offices of each
non-public institution of higher education located in the
county, other than the City of Chicago, where the sex
offender is required to register, resides, is employed,
or attending an institution of higher education.
(a-3) The Chicago Police Department shall disclose to
the following the name, address, date of birth, place of
employment, school attended, and offense or adjudication of
all sex offenders required to register under Section 3 of the
Sex Offender Registration Act:
(1) School boards of public school districts and
the principal or other appropriate administrative officer
of each nonpublic school located in the police district
where the sex offender is required to register or is
employed if the offender is required to register or is
employed in the City of Chicago; and
(2) Child care facilities located in the police
district where the sex offender is required to register
or is employed if the offender is required to register or
is employed in the City of Chicago; and
(3) The boards of institutions of higher education
or other appropriate administrative offices of each
non-public institution of higher education located in the
police district where the sex offender is required to
register, resides, is employed, or attending an
institution of higher education in the City of Chicago.
(a-4) The Department of State Police shall provide a
list of sex offenders required to register to the Illinois
Department of Children and Family Services.
(b) The Department of State Police and any law
enforcement agency may disclose, in the Department's or
agency's discretion, the following information to any person
likely to encounter a sex offender, or sexual predator
required to register under Section 3 of the Sex Offender
Registration Act:
(1) The offender's name, address, and date of
birth.
(2) The offense for which the offender was
convicted.
(3) Adjudication as a sexually dangerous person.
(4) The offender's photograph or other such
information that will help identify the sex offender.
(5) Offender employment information, to protect
public safety.
(c) The name, address, date of birth, and offense or
adjudication for sex offenders required to register under
Section 3 of the Sex Offender Registration Act shall be open
to inspection by the public as provided in this Section.
Every municipal police department shall make available at its
headquarters the information on all sex offenders who are
required to register in the municipality under the Sex
Offender Registration Act. The sheriff shall also make
available at his or her headquarters the information on all
sex offenders who are required to register under that Act and
who live in unincorporated areas of the county. Sex offender
information must be made available for public inspection to
any person, no later than 72 hours or 3 business days from
the date of the request. The request must be made in person,
in writing, or by telephone. Availability must include giving
the inquirer access to a facility where the information may
be copied. A department or sheriff may charge a fee, but the
fee may not exceed the actual costs of copying the
information. An inquirer must be allowed to copy this
information in his or her own handwriting. A department or
sheriff must allow access to the information during normal
public working hours. The sheriff or a municipal police
department may publish the photographs of sex offenders where
any victim was 13 years of age or younger and who are
required to register in the municipality or county under the
Sex Offender Registration Act in a newspaper or magazine of
general circulation in the municipality or county or may
disseminate the photographs of those sex offenders on the
Internet or on television. The law enforcement agency may
make available the information on all sex offenders residing
within any county.
(d) The Department of State Police and any law
enforcement agency having jurisdiction may, in the
Department's or agency's discretion, place the information
specified in subsection (b) on the Internet or in other
media.
(e) The Department of State Police and any law
enforcement agency having jurisdiction may, in the
Department's or agency's discretion, only provide the
information specified in subsection (b), with respect to an
adjudicated juvenile delinquent a juvenile sex offender, to
any person when that person's safety may be compromised for
some reason related to the juvenile sex offender.
(Source: P.A. 91-48, eff. 7-1-99; 91-221, eff. 7-22-99;
91-224, eff. 7-1-00; 91-357, eff. 7-29-99; 91-394, eff.
1-1-00; 92-16, 6-28-01.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 31, 2002.
Approved August 22, 2002.
Effective August 22, 2002.
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