Rep. Elizabeth Hernandez
Filed: 2/26/2013
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 1189
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 1189 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Sex Offender Registration Act is amended by | ||||||
5 | changing Section 3 as follows: | ||||||
6 | (730 ILCS 150/3) | ||||||
7 | Sec. 3. Duty to register.
| ||||||
8 | (a) A sex offender, as defined in Section 2 of this Act, or | ||||||
9 | sexual
predator shall, within the time period
prescribed in | ||||||
10 | subsections (b) and (c), register in person
and provide | ||||||
11 | accurate information as required by the Department of State
| ||||||
12 | Police. Such information shall include a current photograph,
| ||||||
13 | current address,
current place of employment, the sex | ||||||
14 | offender's or sexual predator's telephone number, including | ||||||
15 | cellular telephone number, the employer's telephone number, | ||||||
16 | school attended, all e-mail addresses, instant messaging |
| |||||||
| |||||||
1 | identities, chat room identities, and other Internet | ||||||
2 | communications identities that the sex offender uses or plans | ||||||
3 | to use, all Uniform Resource Locators (URLs) registered or used | ||||||
4 | by the sex offender, all blogs and other Internet sites | ||||||
5 | maintained by the sex offender or to which the sex offender has | ||||||
6 | uploaded any content or posted any messages or information, | ||||||
7 | extensions of the time period for registering as provided in | ||||||
8 | this Article and, if an extension was granted, the reason why | ||||||
9 | the extension was granted and the date the sex offender was | ||||||
10 | notified of the extension. The information shall also include a | ||||||
11 | copy of the terms and conditions of parole or release signed by | ||||||
12 | the sex offender and given to the sex offender by his or her | ||||||
13 | supervising officer, the county of conviction, license plate | ||||||
14 | numbers for every vehicle registered in the name of the sex | ||||||
15 | offender, the age of the sex offender at the time of the | ||||||
16 | commission of the offense, the age of the victim at the time of | ||||||
17 | the commission of the offense, and any distinguishing marks | ||||||
18 | located on the body of the sex offender. A sex offender | ||||||
19 | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
20 | 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
21 | shall provide all Internet protocol (IP) addresses in his or | ||||||
22 | her residence, registered in his or her name, accessible at his | ||||||
23 | or her place of employment, or otherwise under his or her | ||||||
24 | control or custody. If the sex offender is a child sex offender | ||||||
25 | as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | ||||||
26 | 1961 or the Criminal Code of 2012, the sex offender shall |
| |||||||
| |||||||
1 | report to the registering agency whether he or she is living in | ||||||
2 | a household with a child under 18 years of age who is not his or | ||||||
3 | her own child, provided that his or her own child is not the | ||||||
4 | victim of the sex offense. The sex offender or
sexual predator | ||||||
5 | shall register:
| ||||||
6 | (1) with the chief of police in the municipality in | ||||||
7 | which he or she
resides or is temporarily domiciled for a | ||||||
8 | period of time of 3 or more
days, unless the
municipality | ||||||
9 | is the City of Chicago, in which case he or she shall | ||||||
10 | register
at the Chicago Police Department Headquarters; or
| ||||||
11 | (2) with the sheriff in the county in which
he or she | ||||||
12 | resides or is
temporarily domiciled
for a period of time of | ||||||
13 | 3 or more days in an unincorporated
area or, if | ||||||
14 | incorporated, no police chief exists.
| ||||||
15 | If the sex offender or sexual predator is employed at or | ||||||
16 | attends an institution of higher education, he or she shall | ||||||
17 | also register:
| ||||||
18 | (i) with: | ||||||
19 | (A) the chief of police in the municipality in | ||||||
20 | which he or she is employed at or attends an | ||||||
21 | institution of higher education, unless the | ||||||
22 | municipality is the City of Chicago, in which case he | ||||||
23 | or she shall register at the Chicago Police Department | ||||||
24 | Headquarters; or | ||||||
25 | (B) the sheriff in the county in which he or she is | ||||||
26 | employed or attends an institution of higher education |
| |||||||
| |||||||
1 | located in an unincorporated area, or if incorporated, | ||||||
2 | no police chief exists; and
| ||||||
3 | (ii) with the public safety or security director of the | ||||||
4 | institution of higher education which he or she is employed | ||||||
5 | at or attends.
| ||||||
6 | The registration fees shall only apply to the municipality | ||||||
7 | or county of primary registration, and not to campus | ||||||
8 | registration. | ||||||
9 | For purposes of this Article, the place of residence or | ||||||
10 | temporary
domicile is defined as any and all places where the | ||||||
11 | sex offender resides
for an aggregate period of time of 3 or | ||||||
12 | more days during any calendar year.
Any person required to | ||||||
13 | register under this Article who lacks a fixed address or | ||||||
14 | temporary domicile must notify, in person, the agency of | ||||||
15 | jurisdiction of his or her last known address within 3 days | ||||||
16 | after ceasing to have a fixed residence. | ||||||
17 | A sex offender or sexual predator who is temporarily absent | ||||||
18 | from his or her current address of registration for 3 or more | ||||||
19 | days shall notify the law enforcement agency having | ||||||
20 | jurisdiction of his or her current registration, including the | ||||||
21 | itinerary for travel, in the manner provided in Section 6 of | ||||||
22 | this Act for notification to the law enforcement agency having | ||||||
23 | jurisdiction of change of address. | ||||||
24 | Any person who lacks a fixed residence must report weekly, | ||||||
25 | in person, with the sheriff's office of the county in which he | ||||||
26 | or she is located in an unincorporated area, or with the chief |
| |||||||
| |||||||
1 | of police in the municipality in which he or she is located. | ||||||
2 | The agency of jurisdiction will document each weekly | ||||||
3 | registration to include all the locations where the person has | ||||||
4 | stayed during the past 7 days.
| ||||||
5 | The sex offender or sexual predator shall provide accurate | ||||||
6 | information
as required by the Department of State Police. That | ||||||
7 | information shall include
the sex offender's or sexual | ||||||
8 | predator's current place of employment.
| ||||||
9 | (a-5) An out-of-state student or out-of-state employee | ||||||
10 | shall,
within 3 days after beginning school or employment in | ||||||
11 | this State,
register in person and provide accurate information | ||||||
12 | as required by the
Department of State Police. Such information | ||||||
13 | will include current place of
employment, school attended, and | ||||||
14 | address in state of residence. A sex offender convicted under | ||||||
15 | Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the | ||||||
16 | Criminal Code of 1961 or the Criminal Code of 2012 shall | ||||||
17 | provide all Internet protocol (IP) addresses in his or her | ||||||
18 | residence, registered in his or her name, accessible at his or | ||||||
19 | her place of employment, or otherwise under his or her control | ||||||
20 | or custody. The out-of-state student or out-of-state employee | ||||||
21 | shall register:
| ||||||
22 | (1) with: | ||||||
23 | (A) the chief of police in the municipality in | ||||||
24 | which he or she attends school or is employed for a | ||||||
25 | period of time of 5
or more days or for an
aggregate | ||||||
26 | period of time of more than 30 days during any
calendar |
| |||||||
| |||||||
1 | year, unless the
municipality is the City of Chicago, | ||||||
2 | in which case he or she shall register at
the Chicago | ||||||
3 | Police Department Headquarters; or
| ||||||
4 | (B) the sheriff in the county in which
he or she | ||||||
5 | attends school or is
employed for a period of time of 5 | ||||||
6 | or more days or
for an aggregate period of
time of more | ||||||
7 | than 30 days during any calendar year in an
| ||||||
8 | unincorporated area
or, if incorporated, no police | ||||||
9 | chief exists; and | ||||||
10 | (2) with the public safety or security director of the | ||||||
11 | institution of higher education he or she is employed at or | ||||||
12 | attends for a period of time of 5 or more days or for an | ||||||
13 | aggregate period of time of more than 30 days during a | ||||||
14 | calendar year. | ||||||
15 | The registration fees shall only apply to the municipality | ||||||
16 | or county of primary registration, and not to campus | ||||||
17 | registration. | ||||||
18 | The out-of-state student or out-of-state employee shall | ||||||
19 | provide accurate
information as required by the Department of | ||||||
20 | State Police. That information
shall include the out-of-state | ||||||
21 | student's current place of school attendance or
the | ||||||
22 | out-of-state employee's current place of employment.
| ||||||
23 | (a-10) Any law enforcement agency registering sex | ||||||
24 | offenders or sexual predators in accordance with subsections | ||||||
25 | (a) or (a-5) of this Section shall forward to the Attorney | ||||||
26 | General a copy of sex offender registration forms from persons |
| |||||||
| |||||||
1 | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
2 | 11-21 of the Criminal Code of 1961 or the Criminal Code of | ||||||
3 | 2012, including periodic and annual registrations under | ||||||
4 | Section 6 of this Act. | ||||||
5 | (b) Any sex offender, as defined in Section 2 of this Act, | ||||||
6 | or sexual
predator, regardless of any initial,
prior, or other | ||||||
7 | registration, shall, within 3 days of beginning school,
or | ||||||
8 | establishing a
residence, place of employment, or temporary | ||||||
9 | domicile in
any county, register in person as set forth in | ||||||
10 | subsection (a)
or (a-5).
| ||||||
11 | (c) The registration for any person required to register | ||||||
12 | under this
Article shall be as follows:
| ||||||
13 | (1) Any person registered under the Habitual Child Sex | ||||||
14 | Offender
Registration Act or the Child Sex Offender | ||||||
15 | Registration Act prior to January
1, 1996, shall be deemed | ||||||
16 | initially registered as of January 1, 1996; however,
this | ||||||
17 | shall not be construed to extend the duration of | ||||||
18 | registration set forth
in Section 7.
| ||||||
19 | (2) Except as provided in subsection (c)(2.1) or | ||||||
20 | (c)(4), any person convicted or
adjudicated prior to | ||||||
21 | January 1, 1996, whose liability for registration under
| ||||||
22 | Section 7 has not expired, shall register in person prior | ||||||
23 | to January 31,
1996.
| ||||||
24 | (2.1) A sex offender or sexual predator, who has never | ||||||
25 | previously been required to register under this Act, has a | ||||||
26 | duty to register if the person has been convicted of any |
| |||||||
| |||||||
1 | felony offense after July 1, 2011. A person who previously | ||||||
2 | was required to register under this Act for a period of 10 | ||||||
3 | years and successfully completed that registration period | ||||||
4 | has a duty to register if: (i) the person has been | ||||||
5 | convicted of any felony offense after July 1, 2011, and | ||||||
6 | (ii) the offense for which the 10 year registration was | ||||||
7 | served currently requires a registration period of more | ||||||
8 | than 10 years. Notification of an offender's duty to | ||||||
9 | register under this subsection shall be pursuant to Section | ||||||
10 | 5-7 of this Act. | ||||||
11 | (2.5) Except as provided in subsection (c)(4), any | ||||||
12 | person who has not
been notified of his or her | ||||||
13 | responsibility to register shall be notified by a
criminal | ||||||
14 | justice entity of his or her responsibility to register. | ||||||
15 | Upon
notification the person must then register within 3 | ||||||
16 | days of notification of
his or her requirement to register. | ||||||
17 | Except as provided in subsection (c)(2.1), if notification | ||||||
18 | is not made within the
offender's 10 year registration | ||||||
19 | requirement, and the Department of State
Police determines | ||||||
20 | no evidence exists or indicates the offender attempted to
| ||||||
21 | avoid registration, the offender will no longer be required | ||||||
22 | to register under
this Act.
| ||||||
23 | (3) Except as provided in subsection (c)(4), any person | ||||||
24 | convicted on
or after January 1, 1996, shall register in | ||||||
25 | person within 3 days after the
entry of the sentencing | ||||||
26 | order based upon his or her conviction.
|
| |||||||
| |||||||
1 | (4) Any person unable to comply with the registration | ||||||
2 | requirements of
this Article because he or she is confined, | ||||||
3 | institutionalized,
or imprisoned in Illinois on or after | ||||||
4 | January 1, 1996, shall register in person
within 3 days of | ||||||
5 | discharge, parole or release.
| ||||||
6 | (5) The person shall provide positive identification | ||||||
7 | and documentation
that substantiates proof of residence at | ||||||
8 | the registering address.
| ||||||
9 | (6) The person shall pay a $100
initial registration | ||||||
10 | fee and
a $100
annual
renewal fee. The fees shall be used | ||||||
11 | by the registering agency for official
purposes. The agency | ||||||
12 | shall establish procedures to document receipt and use
of | ||||||
13 | the funds.
The law enforcement agency having jurisdiction | ||||||
14 | may waive the registration fee
if it determines that the | ||||||
15 | person is indigent and unable to pay the registration
fee. | ||||||
16 | Thirty-five
dollars for the initial registration fee and | ||||||
17 | $35 of the annual renewal fee
shall be retained and used by | ||||||
18 | the registering agency for official purposes. Five dollars | ||||||
19 | of
the initial registration fee and $5 of the annual fee | ||||||
20 | shall be deposited into
the Sex Offender Management Board | ||||||
21 | Fund under Section 19 of the Sex Offender
Management Board | ||||||
22 | Act. Money deposited into the Sex Offender Management Board
| ||||||
23 | Fund shall be administered by the Sex Offender Management | ||||||
24 | Board and shall be
used by the Board to comply with the | ||||||
25 | provisions of the Sex Offender Management Board Act.
Thirty | ||||||
26 | dollars of the initial registration fee and $30 of the |
| |||||||
| |||||||
1 | annual renewal fee shall be deposited into the Sex Offender | ||||||
2 | Registration Fund and shall be used by the Department of | ||||||
3 | State Police to maintain and update the Illinois State | ||||||
4 | Police Sex Offender Registry. Thirty dollars of the initial | ||||||
5 | registration fee and $30 of the annual renewal fee shall be | ||||||
6 | deposited into the Attorney General Sex Offender | ||||||
7 | Awareness, Training, and Education Fund. Moneys deposited | ||||||
8 | into the Fund shall be used by the Attorney General to | ||||||
9 | administer the I-SORT program and to alert and educate the | ||||||
10 | public, victims, and witnesses of their rights under | ||||||
11 | various victim notification laws and for training law | ||||||
12 | enforcement agencies, State's Attorneys, and medical | ||||||
13 | providers of their legal duties concerning the prosecution | ||||||
14 | and investigation of sex offenses. | ||||||
15 | (d) Within 3 days after obtaining or changing employment | ||||||
16 | and, if employed
on January 1, 2000, within 5 days after that | ||||||
17 | date, a person required to
register under this Section must | ||||||
18 | report, in person to the law
enforcement agency having | ||||||
19 | jurisdiction, the business name and address where he
or she is | ||||||
20 | employed. If the person has multiple businesses or work | ||||||
21 | locations,
every business and work location must be reported to | ||||||
22 | the law enforcement agency
having jurisdiction.
| ||||||
23 | (Source: P.A. 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; | ||||||
24 | 96-1097, eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. | ||||||
25 | 1-1-11; 96-1551, eff. 7-1-11; 97-155, eff 1-1-12; 97-333, eff. | ||||||
26 | 8-12-11; 97-578, eff. 1-1-12; 97-1098, eff. 1-1-13; 97-1109, |
| |||||||
| |||||||
1 | eff. 1-1-13; 97-1150, eff. 1-25-13.)".
|