96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB1702

 

Introduced 2/19/2009, by Sen. Kirk W. Dillard

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 150/2   from Ch. 38, par. 222
730 ILCS 150/3
730 ILCS 150/6   from Ch. 38, par. 226
730 ILCS 152/105

    Amends the Sex Offender Registration Act and the Sex Offender Community Notification Law. Transfers from municipal police departments, other than the Chicago Police Department, to the offices of county sheriffs the registration functions prescribed in the Sex Offender Registration Act.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1     AN ACT concerning sex offenders.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Sex Offender Registration Act is amended by
5 changing Sections 2, 3, and 6 as follows:
 
6     (730 ILCS 150/2)  (from Ch. 38, par. 222)
7     Sec. 2. Definitions.
8     (A) As used in this Article, "sex offender" means any
9 person who is:
10         (1) charged pursuant to Illinois law, or any
11     substantially similar federal, Uniform Code of Military
12     Justice, sister state, or foreign country law, with a sex
13     offense set forth in subsection (B) of this Section or the
14     attempt to commit an included sex offense, and:
15             (a) is convicted of such offense or an attempt to
16         commit such offense; or
17             (b) is found not guilty by reason of insanity of
18         such offense or an attempt to commit such offense; or
19             (c) is found not guilty by reason of insanity
20         pursuant to Section 104-25(c) of the Code of Criminal
21         Procedure of 1963 of such offense or an attempt to
22         commit such offense; or
23             (d) is the subject of a finding not resulting in an

 

 

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1         acquittal at a hearing conducted pursuant to Section
2         104-25(a) of the Code of Criminal Procedure of 1963 for
3         the alleged commission or attempted commission of such
4         offense; or
5             (e) is found not guilty by reason of insanity
6         following a hearing conducted pursuant to a federal,
7         Uniform Code of Military Justice, sister state, or
8         foreign country law substantially similar to Section
9         104-25(c) of the Code of Criminal Procedure of 1963 of
10         such offense or of the attempted commission of such
11         offense; or
12             (f) is the subject of a finding not resulting in an
13         acquittal at a hearing conducted pursuant to a federal,
14         Uniform Code of Military Justice, sister state, or
15         foreign country law substantially similar to Section
16         104-25(a) of the Code of Criminal Procedure of 1963 for
17         the alleged violation or attempted commission of such
18         offense; or
19         (2) certified as a sexually dangerous person pursuant
20     to the Illinois Sexually Dangerous Persons Act, or any
21     substantially similar federal, Uniform Code of Military
22     Justice, sister state, or foreign country law; or
23         (3) subject to the provisions of Section 2 of the
24     Interstate Agreements on Sexually Dangerous Persons Act;
25     or
26         (4) found to be a sexually violent person pursuant to

 

 

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1     the Sexually Violent Persons Commitment Act or any
2     substantially similar federal, Uniform Code of Military
3     Justice, sister state, or foreign country law; or
4         (5) adjudicated a juvenile delinquent as the result of
5     committing or attempting to commit an act which, if
6     committed by an adult, would constitute any of the offenses
7     specified in item (B), (C), or (C-5) of this Section or a
8     violation of any substantially similar federal, Uniform
9     Code of Military Justice, sister state, or foreign country
10     law, or found guilty under Article V of the Juvenile Court
11     Act of 1987 of committing or attempting to commit an act
12     which, if committed by an adult, would constitute any of
13     the offenses specified in item (B), (C), or (C-5) of this
14     Section or a violation of any substantially similar
15     federal, Uniform Code of Military Justice, sister state, or
16     foreign country law.
17     Convictions that result from or are connected with the same
18 act, or result from offenses committed at the same time, shall
19 be counted for the purpose of this Article as one conviction.
20 Any conviction set aside pursuant to law is not a conviction
21 for purposes of this Article.
22      For purposes of this Section, "convicted" shall have the
23 same meaning as "adjudicated".
24     (B) As used in this Article, "sex offense" means:
25         (1) A violation of any of the following Sections of the
26     Criminal Code of 1961:

 

 

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1             11-20.1 (child pornography),
2             11-20.3 (aggravated child pornography),
3             11-6 (indecent solicitation of a child),
4             11-9.1 (sexual exploitation of a child),
5             11-9.2 (custodial sexual misconduct),
6             11-9.5 (sexual misconduct with a person with a
7         disability),
8             11-15.1 (soliciting for a juvenile prostitute),
9             11-18.1 (patronizing a juvenile prostitute),
10             11-17.1 (keeping a place of juvenile
11         prostitution),
12             11-19.1 (juvenile pimping),
13             11-19.2 (exploitation of a child),
14             12-13 (criminal sexual assault),
15             12-14 (aggravated criminal sexual assault),
16             12-14.1 (predatory criminal sexual assault of a
17         child),
18             12-15 (criminal sexual abuse),
19             12-16 (aggravated criminal sexual abuse),
20             12-33 (ritualized abuse of a child).
21             An attempt to commit any of these offenses.
22         (1.5) A violation of any of the following Sections of
23     the Criminal Code of 1961, when the victim is a person
24     under 18 years of age, the defendant is not a parent of the
25     victim, the offense was sexually motivated as defined in
26     Section 10 of the Sex Offender Management Board Act, and

 

 

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1     the offense was committed on or after January 1, 1996:
2             10-1 (kidnapping),
3             10-2 (aggravated kidnapping),
4             10-3 (unlawful restraint),
5             10-3.1 (aggravated unlawful restraint).
6         (1.6) First degree murder under Section 9-1 of the
7     Criminal Code of 1961, when the victim was a person under
8     18 years of age and the defendant was at least 17 years of
9     age at the time of the commission of the offense, provided
10     the offense was sexually motivated as defined in Section 10
11     of the Sex Offender Management Board Act.
12         (1.7) (Blank).
13         (1.8) A violation or attempted violation of Section
14     11-11 (sexual relations within families) of the Criminal
15     Code of 1961, and the offense was committed on or after
16     June 1, 1997.
17         (1.9) Child abduction under paragraph (10) of
18     subsection (b) of Section 10-5 of the Criminal Code of 1961
19     committed by luring or attempting to lure a child under the
20     age of 16 into a motor vehicle, building, house trailer, or
21     dwelling place without the consent of the parent or lawful
22     custodian of the child for other than a lawful purpose and
23     the offense was committed on or after January 1, 1998,
24     provided the offense was sexually motivated as defined in
25     Section 10 of the Sex Offender Management Board Act.
26         (1.10) A violation or attempted violation of any of the

 

 

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1     following Sections of the Criminal Code of 1961 when the
2     offense was committed on or after July 1, 1999:
3             10-4 (forcible detention, if the victim is under 18
4         years of age), provided the offense was sexually
5         motivated as defined in Section 10 of the Sex Offender
6         Management Board Act,
7             11-6.5 (indecent solicitation of an adult),
8             11-15 (soliciting for a prostitute, if the victim
9         is under 18 years of age),
10             11-16 (pandering, if the victim is under 18 years
11         of age),
12             11-18 (patronizing a prostitute, if the victim is
13         under 18 years of age),
14             11-19 (pimping, if the victim is under 18 years of
15         age).
16         (1.11) A violation or attempted violation of any of the
17     following Sections of the Criminal Code of 1961 when the
18     offense was committed on or after August 22, 2002:
19             11-9 (public indecency for a third or subsequent
20         conviction).
21         (1.12) A violation or attempted violation of Section
22     5.1 of the Wrongs to Children Act (permitting sexual abuse)
23     when the offense was committed on or after August 22, 2002.
24         (2) A violation of any former law of this State
25     substantially equivalent to any offense listed in
26     subsection (B) of this Section.

 

 

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1     (C) A conviction for an offense of federal law, Uniform
2 Code of Military Justice, or the law of another state or a
3 foreign country that is substantially equivalent to any offense
4 listed in subsections (B), (C), and (E) of this Section shall
5 constitute a conviction for the purpose of this Article. A
6 finding or adjudication as a sexually dangerous person or a
7 sexually violent person under any federal law, Uniform Code of
8 Military Justice, or the law of another state or foreign
9 country that is substantially equivalent to the Sexually
10 Dangerous Persons Act or the Sexually Violent Persons
11 Commitment Act shall constitute an adjudication for the
12 purposes of this Article.
13     (C-5) A person at least 17 years of age at the time of the
14 commission of the offense who is convicted of first degree
15 murder under Section 9-1 of the Criminal Code of 1961, against
16 a person under 18 years of age, shall be required to register
17 for natural life. A conviction for an offense of federal,
18 Uniform Code of Military Justice, sister state, or foreign
19 country law that is substantially equivalent to any offense
20 listed in subsection (C-5) of this Section shall constitute a
21 conviction for the purpose of this Article. This subsection
22 (C-5) applies to a person who committed the offense before June
23 1, 1996 only if the person is incarcerated in an Illinois
24 Department of Corrections facility on August 20, 2004 (the
25 effective date of Public Act 93-977).
26     (D) As used in this Article, "law enforcement agency having

 

 

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1 jurisdiction" means Chicago Police Department Headquarters if
2 the sex offender expects to reside, work, or attend school in
3 the City of Chicago the Chief of Police in each of the
4 municipalities in which the sex offender expects to reside,
5 work, or attend school (1) upon his or her discharge, parole or
6 release or (2) during the service of his or her sentence of
7 probation or conditional discharge, or the Sheriff of the
8 county if the sex offender intends to reside, work, or attend
9 school outside of the City of Chicago , in the event no Police
10 Chief exists or if the offender intends to reside, work, or
11 attend school in an unincorporated area. "Law enforcement
12 agency having jurisdiction" includes the location where
13 out-of-state students attend school and where out-of-state
14 employees are employed or are otherwise required to register.
15     (D-1) As used in this Article, "supervising officer" means
16 the assigned Illinois Department of Corrections parole agent or
17 county probation officer.
18     (E) As used in this Article, "sexual predator" means any
19 person who, after July 1, 1999, is:
20         (1) Convicted for an offense of federal, Uniform Code
21     of Military Justice, sister state, or foreign country law
22     that is substantially equivalent to any offense listed in
23     subsection (E) of this Section shall constitute a
24     conviction for the purpose of this Article. Convicted of a
25     violation or attempted violation of any of the following
26     Sections of the Criminal Code of 1961, if the conviction

 

 

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1     occurred after July 1, 1999:
2             11-17.1 (keeping a place of juvenile
3         prostitution),
4             11-19.1 (juvenile pimping),
5             11-19.2 (exploitation of a child),
6             11-20.1 (child pornography),
7             11-20.3 (aggravated child pornography),
8             12-13 (criminal sexual assault),
9             12-14 (aggravated criminal sexual assault),
10             12-14.1 (predatory criminal sexual assault of a
11         child),
12             12-16 (aggravated criminal sexual abuse),
13             12-33 (ritualized abuse of a child);
14         (2) (blank);
15         (3) certified as a sexually dangerous person pursuant
16     to the Sexually Dangerous Persons Act or any substantially
17     similar federal, Uniform Code of Military Justice, sister
18     state, or foreign country law;
19         (4) found to be a sexually violent person pursuant to
20     the Sexually Violent Persons Commitment Act or any
21     substantially similar federal, Uniform Code of Military
22     Justice, sister state, or foreign country law;
23         (5) convicted of a second or subsequent offense which
24     requires registration pursuant to this Act. The conviction
25     for the second or subsequent offense must have occurred
26     after July 1, 1999. For purposes of this paragraph (5),

 

 

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1     "convicted" shall include a conviction under any
2     substantially similar Illinois, federal, Uniform Code of
3     Military Justice, sister state, or foreign country law; or
4         (6) convicted of a second or subsequent offense of
5     luring a minor under Section 10-5.1 of the Criminal Code of
6     1961.
7     (F) As used in this Article, "out-of-state student" means
8 any sex offender, as defined in this Section, or sexual
9 predator who is enrolled in Illinois, on a full-time or
10 part-time basis, in any public or private educational
11 institution, including, but not limited to, any secondary
12 school, trade or professional institution, or institution of
13 higher learning.
14     (G) As used in this Article, "out-of-state employee" means
15 any sex offender, as defined in this Section, or sexual
16 predator who works in Illinois, regardless of whether the
17 individual receives payment for services performed, for a
18 period of time of 10 or more days or for an aggregate period of
19 time of 30 or more days during any calendar year. Persons who
20 operate motor vehicles in the State accrue one day of
21 employment time for any portion of a day spent in Illinois.
22     (H) As used in this Article, "school" means any public or
23 private educational institution, including, but not limited
24 to, any elementary or secondary school, trade or professional
25 institution, or institution of higher education.
26     (I) As used in this Article, "fixed residence" means any

 

 

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1 and all places that a sex offender resides for an aggregate
2 period of time of 5 or more days in a calendar year.
3     (J) As used in this Article, "Internet protocol address"
4 means the string of numbers by which a location on the Internet
5 is identified by routers or other computers connected to the
6 Internet.
7 (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-945,
8 eff. 6-27-06; 94-1053, eff. 7-24-06; 95-331, eff. 8-21-07;
9 95-579, eff. 6-1-08; 95-625, eff. 6-1-08; 95-658, eff.
10 10-11-07; 95-876, eff. 8-21-08.)
 
11     (730 ILCS 150/3)
12     Sec. 3. Duty to register.
13     (a) A sex offender, as defined in Section 2 of this Act, or
14 sexual predator shall, within the time period prescribed in
15 subsections (b) and (c), register in person and provide
16 accurate information as required by the Department of State
17 Police. Such information shall include a current photograph,
18 current address, current place of employment, the employer's
19 telephone number, school attended, all e-mail addresses,
20 instant messaging identities, chat room identities, and other
21 Internet communications identities that the sex offender uses
22 or plans to use, all Uniform Resource Locators (URLs)
23 registered or used by the sex offender, all blogs and other
24 Internet sites maintained by the sex offender or to which the
25 sex offender has uploaded any content or posted any messages or

 

 

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1 information, extensions of the time period for registering as
2 provided in this Article and, if an extension was granted, the
3 reason why the extension was granted and the date the sex
4 offender was notified of the extension. The information shall
5 also include the county of conviction, license plate numbers
6 for every vehicle registered in the name of the sex offender,
7 the age of the sex offender at the time of the commission of
8 the offense, the age of the victim at the time of the
9 commission of the offense, and any distinguishing marks located
10 on the body of the sex offender. A sex offender convicted under
11 Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code
12 of 1961 shall provide all Internet protocol (IP) addresses in
13 his or her residence, registered in his or her name, accessible
14 at his or her place of employment, or otherwise under his or
15 her control or custody. The sex offender or sexual predator
16 shall register:
17         (1) with the chief of police in the municipality in
18     which he or she resides or is temporarily domiciled for a
19     period of time of 5 or more days, unless the municipality
20     is the City of Chicago, in which case he or she shall
21     register at the Chicago Police Department Headquarters if
22     he or she resides or is temporarily domiciled in the City
23     of Chicago; or
24         (2) with the sheriff in the county in which he or she
25     resides or is temporarily domiciled for a period of time of
26     5 or more days if he or she resides or is temporarily

 

 

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1     domiciled outside the City of Chicago in an unincorporated
2     area or, if incorporated, no police chief exists.
3     If the sex offender or sexual predator is employed at or
4 attends an institution of higher education, he or she shall
5 register:
6         (i) with the chief of police in the municipality in
7     which he or she is employed at or attends an institution of
8     higher education, unless the municipality is the City of
9     Chicago, in which case he or she shall register at the
10     Chicago Police Department Headquarters if he or she is
11     employed at or attends an institution of higher education
12     in the City of Chicago; or
13         (ii) with the sheriff in the county in which he or she
14     is employed or attends an institution of higher education
15     if he or she is employed at or attends an institution of
16     higher education outside the City of Chicago located in an
17     unincorporated area, or if incorporated, no police chief
18     exists.
19 For purposes of this Article, the place of residence or
20 temporary domicile is defined as any and all places where the
21 sex offender resides for an aggregate period of time of 5 or
22 more days during any calendar year. Any person required to
23 register under this Article who lacks a fixed address or
24 temporary domicile must notify, in person, the agency of
25 jurisdiction of his or her last known address within 3 days
26 after ceasing to have a fixed residence.

 

 

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1     Any person who lacks a fixed residence must report weekly,
2 in person, with the sheriff's office of the county in which he
3 or she is located unless he or she is located in the City of
4 Chicago, in which case he or she shall register at the Chicago
5 Police Department Headquarters in an unincorporated area, or
6 with the chief of police in the municipality in which he or she
7 is located. The agency of jurisdiction will document each
8 weekly registration to include all the locations where the
9 person has stayed during the past 7 days.
10     The sex offender or sexual predator shall provide accurate
11 information as required by the Department of State Police. That
12 information shall include the sex offender's or sexual
13 predator's current place of employment.
14     (a-5) An out-of-state student or out-of-state employee
15 shall, within 3 days after beginning school or employment in
16 this State, register in person and provide accurate information
17 as required by the Department of State Police. Such information
18 will include current place of employment, school attended, and
19 address in state of residence. A sex offender convicted under
20 Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code
21 of 1961 shall provide all Internet protocol (IP) addresses in
22 his or her residence, registered in his or her name, accessible
23 at his or her place of employment, or otherwise under his or
24 her control or custody. The out-of-state student or
25 out-of-state employee shall register:
26         (1) with the sheriff in the county chief of police in

 

 

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1     the municipality in which he or she attends school or is
2     employed for a period of time of 5 or more days or for an
3     aggregate period of time of more than 30 days during any
4     calendar year, unless he or she attends school or is
5     employed for a period of time of 5 or more days or for an
6     aggregate period of time of more than 30 days during any
7     calendar year in the municipality is the City of Chicago,
8     in which case he or she shall register at the Chicago
9     Police Department Headquarters; or
10         (2) (blank) with the sheriff in the county in which he
11     or she attends school or is employed for a period of time
12     of 5 or more days or for an aggregate period of time of
13     more than 30 days during any calendar year in an
14     unincorporated area or, if incorporated, no police chief
15     exists.
16     The out-of-state student or out-of-state employee shall
17 provide accurate information as required by the Department of
18 State Police. That information shall include the out-of-state
19 student's current place of school attendance or the
20 out-of-state employee's current place of employment.
21     (a-10) Any law enforcement agency registering sex
22 offenders or sexual predators in accordance with subsections
23 (a) or (a-5) of this Section shall forward to the Attorney
24 General a copy of sex offender registration forms from persons
25 convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the
26 Criminal Code of 1961, including periodic and annual

 

 

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1 registrations under Section 6 of this Act.
2     (b) Any sex offender, as defined in Section 2 of this Act,
3 or sexual predator, regardless of any initial, prior, or other
4 registration, shall, within 3 days of beginning school, or
5 establishing a residence, place of employment, or temporary
6 domicile in any county, register in person as set forth in
7 subsection (a) or (a-5).
8     (c) The registration for any person required to register
9 under this Article shall be as follows:
10         (1) Any person registered under the Habitual Child Sex
11     Offender Registration Act or the Child Sex Offender
12     Registration Act prior to January 1, 1996, shall be deemed
13     initially registered as of January 1, 1996; however, this
14     shall not be construed to extend the duration of
15     registration set forth in Section 7.
16         (2) Except as provided in subsection (c)(4), any person
17     convicted or adjudicated prior to January 1, 1996, whose
18     liability for registration under Section 7 has not expired,
19     shall register in person prior to January 31, 1996.
20         (2.5) Except as provided in subsection (c)(4), any
21     person who has not been notified of his or her
22     responsibility to register shall be notified by a criminal
23     justice entity of his or her responsibility to register.
24     Upon notification the person must then register within 3
25     days of notification of his or her requirement to register.
26     If notification is not made within the offender's 10 year

 

 

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1     registration requirement, and the Department of State
2     Police determines no evidence exists or indicates the
3     offender attempted to avoid registration, the offender
4     will no longer be required to register under this Act.
5         (3) Except as provided in subsection (c)(4), any person
6     convicted on or after January 1, 1996, shall register in
7     person within 3 days after the entry of the sentencing
8     order based upon his or her conviction.
9         (4) Any person unable to comply with the registration
10     requirements of this Article because he or she is confined,
11     institutionalized, or imprisoned in Illinois on or after
12     January 1, 1996, shall register in person within 3 days of
13     discharge, parole or release.
14         (5) The person shall provide positive identification
15     and documentation that substantiates proof of residence at
16     the registering address.
17         (6) The person shall pay a $20 initial registration fee
18     and a $10 annual renewal fee. The fees shall be used by the
19     registering agency for official purposes. The agency shall
20     establish procedures to document receipt and use of the
21     funds. The law enforcement agency having jurisdiction may
22     waive the registration fee if it determines that the person
23     is indigent and unable to pay the registration fee. Ten
24     dollars for the initial registration fee and $5 of the
25     annual renewal fee shall be used by the registering agency
26     for official purposes. Ten dollars of the initial

 

 

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1     registration fee and $5 of the annual fee shall be
2     deposited into the Sex Offender Management Board Fund under
3     Section 19 of the Sex Offender Management Board Act. Money
4     deposited into the Sex Offender Management Board Fund shall
5     be administered by the Sex Offender Management Board and
6     shall be used to fund practices endorsed or required by the
7     Sex Offender Management Board Act including but not limited
8     to sex offenders evaluation, treatment, or monitoring
9     programs that are or may be developed, as well as for
10     administrative costs, including staff, incurred by the
11     Board.
12     (d) Within 3 days after obtaining or changing employment
13 and, if employed on January 1, 2000, within 5 days after that
14 date, a person required to register under this Section must
15 report, in person to the law enforcement agency having
16 jurisdiction, the business name and address where he or she is
17 employed. If the person has multiple businesses or work
18 locations, every business and work location must be reported to
19 the law enforcement agency having jurisdiction.
20     (e) Within 60 days after the effective date of this
21 amendatory Act of the 96th General Assembly, each municipal
22 police department, other than the Chicago Police Department,
23 that maintains sex offender registration information required
24 to be submitted by a sex offender under this Act shall transfer
25 that information in a manner prescribed by the Director of
26 State Police to the office of the sheriff of the county in

 

 

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1 which that police department is located.
2 (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-994,
3 eff. 1-1-07; 95-229, eff. 8-16-07; 95-579, eff. 6-1-08; 95-640,
4 eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. 8-21-08.)
 
5     (730 ILCS 150/6)  (from Ch. 38, par. 226)
6     Sec. 6. Duty to report; change of address, school, or
7 employment; duty to inform. A person who has been adjudicated
8 to be sexually dangerous or is a sexually violent person and is
9 later released, or found to be no longer sexually dangerous or
10 no longer a sexually violent person and discharged, or
11 convicted of a violation of this Act after July 1, 2005, shall
12 report in person to the law enforcement agency with whom he or
13 she last registered no later than 90 days after the date of his
14 or her last registration and every 90 days thereafter and at
15 such other times at the request of the law enforcement agency
16 not to exceed 4 times a year. If the law enforcement agency
17 with whom he or she last registered is a police department
18 located outside the City of Chicago, he or she shall report in
19 person to the county sheriff of the county in which that police
20 department is located. Such sexually dangerous or sexually
21 violent person must report all new or changed e-mail addresses,
22 all new or changed instant messaging identities, all new or
23 changed chat room identities, and all other new or changed
24 Internet communications identities that the sexually dangerous
25 or sexually violent person uses or plans to use, all new or

 

 

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1 changed Uniform Resource Locators (URLs) registered or used by
2 the sexually dangerous or sexually violent person, and all new
3 or changed blogs and other Internet sites maintained by the
4 sexually dangerous or sexually violent person or to which the
5 sexually dangerous or sexually violent person has uploaded any
6 content or posted any messages or information. Any person who
7 lacks a fixed residence must report weekly, in person, to the
8 appropriate law enforcement agency where the sex offender is
9 located. Any other person who is required to register under
10 this Article shall report in person to the appropriate law
11 enforcement agency with whom he or she last registered within
12 one year from the date of last registration and every year
13 thereafter and at such other times at the request of the law
14 enforcement agency not to exceed 4 times a year. If the law
15 enforcement agency with whom he or she last registered is a
16 police department located outside the City of Chicago, he or
17 she shall report in person to the county sheriff of the county
18 in which that police department is located. If any person
19 required to register under this Article lacks a fixed residence
20 or temporary domicile, he or she must notify, in person, the
21 agency of jurisdiction of his or her last known address within
22 3 days after ceasing to have a fixed residence and if the
23 offender leaves the last jurisdiction of residence, he or she,
24 must within 3 days after leaving register in person with the
25 new agency of jurisdiction. If the law enforcement agency with
26 whom he or she last registered is a police department located

 

 

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1 outside the City of Chicago, he or she shall report in person
2 to the county sheriff of the county in which that police
3 department is located. If any other person required to register
4 under this Article changes his or her residence address, place
5 of employment, or school, he or she shall report in person to
6 the law enforcement agency with whom he or she last registered
7 of his or her new address, change in employment, or school, all
8 new or changed e-mail addresses, all new or changed instant
9 messaging identities, all new or changed chat room identities,
10 and all other new or changed Internet communications identities
11 that the sex offender uses or plans to use, all new or changed
12 Uniform Resource Locators (URLs) registered or used by the sex
13 offender, and all new or changed blogs and other Internet sites
14 maintained by the sex offender or to which the sex offender has
15 uploaded any content or posted any messages or information, and
16 register, in person, with the appropriate law enforcement
17 agency within the time period specified in Section 3. If the
18 law enforcement agency with whom he or she last registered is a
19 police department located outside the City of Chicago, he or
20 she shall report in person to the county sheriff of the county
21 in which that police department is located. The law enforcement
22 agency shall, within 3 days of the reporting in person by the
23 person required to register under this Article, notify the
24 Department of State Police of the new place of residence,
25 change in employment, or school.
26     If any person required to register under this Article

 

 

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1 intends to establish a residence or employment outside of the
2 State of Illinois, at least 10 days before establishing that
3 residence or employment, he or she shall report in person to
4 the law enforcement agency with which he or she last registered
5 of his or her out-of-state intended residence or employment. If
6 the law enforcement agency with whom he or she last registered
7 is a police department located outside the City of Chicago, he
8 or she shall report in person to the county sheriff of the
9 county in which that police department is located. The law
10 enforcement agency with which such person last registered
11 shall, within 3 days after the reporting in person of the
12 person required to register under this Article of an address or
13 employment change, notify the Department of State Police. The
14 Department of State Police shall forward such information to
15 the out-of-state law enforcement agency having jurisdiction in
16 the form and manner prescribed by the Department of State
17 Police.
18 (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-229,
19 eff. 8-16-07; 95-331, eff. 8-21-07; 95-640, eff. 6-1-08;
20 95-876, eff. 8-21-08.)
 
21     Section 10. The Sex Offender Community Notification Law is
22 amended by changing Section 105 as follows:
 
23     (730 ILCS 152/105)
24     Sec. 105. Definitions. As used in this Article, the

 

 

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1 following definitions apply:
2     "Child care facilities" has the meaning set forth in the
3 Child Care Act of 1969, but does not include licensed foster
4 homes.
5     "Law enforcement agency having jurisdiction" means the
6 Chicago Police Department Headquarters if the sex offender
7 expects to reside, work, or attend school in the City of
8 Chicago the Chief of Police in the municipality in which the
9 sex offender expects to reside (1) upon his or her discharge,
10 parole or release or (2) during the service of his or her
11 sentence of probation or conditional discharge, or the Sheriff
12 of the county if the sex offender intends to reside, work, or
13 attend school outside of the City of Chicago , in the event no
14 Police Chief exists or if the offender intends to reside in an
15 unincorporated area. "Law enforcement agency having
16 jurisdiction" includes the location where out-of-state
17 students attend school and where out-of-state employees are
18 employed or are otherwise required to register.
19     "Sex offender" means any sex offender as defined in the Sex
20 Offender Registration Act whose offense or adjudication as a
21 sexually dangerous person occurred on or after June 1, 1996,
22 and whose victim was under the age of 18 at the time the
23 offense was committed but does not include the offenses set
24 forth in subsection (b)(1.5) of Section 2 of that Act; and any
25 sex offender as defined in the Sex Offender Registration Act
26 whose offense or adjudication as a sexually dangerous person

 

 

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1 occurred on or after June 1, 1997, and whose victim was 18
2 years of age or older at the time the offense was committed but
3 does not include the offenses set forth in subsection (b)(1.5)
4 of Section 2 of that Act.
5     "Sex offender" also means any sex offender as defined in
6 the Sex Offender Registration Act whose offense or adjudication
7 as a sexually dangerous person occurred before June 1, 1996,
8 and whose victim was under the age of 18 at the time the
9 offense was committed but does not include the offenses set
10 forth in subsection (b)(1.5) of Section 2 of that Act; and any
11 sex offender as defined in the Sex Offender Registration Act
12 whose offense or adjudication as a sexually dangerous person
13 occurred before June 1, 1997, and whose victim was 18 years of
14 age or older at the time the offense was committed but does not
15 include the offenses set forth in subsection (b)(1.5) of
16 Section 2 of that Act.
17     "Juvenile sex offender" means any person who is adjudicated
18 a juvenile delinquent as the result of the commission of or
19 attempt to commit a violation set forth in item (B), (C), or
20 (C-5) of Section 2 of the Sex Offender Registration Act, or a
21 violation of any substantially similar federal, Uniform Code of
22 Military Justice, sister state, or foreign country law, and
23 whose adjudication occurred on or after the effective date of
24 this amendatory Act of the 91st General Assembly.
25 (Source: P.A. 91-48, eff. 7-1-99; 92-828, eff. 8-22-02.)