SB2607enr 93RD GENERAL ASSEMBLY



 


 
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1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Unified Code of Corrections is amended by
5 changing Section 3-14-2 as follows:
 
6     (730 ILCS 5/3-14-2)  (from Ch. 38, par. 1003-14-2)
7     Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
8 Release and Release by Statute.
9     (a) The Department shall retain custody of all persons
10 placed on parole or mandatory supervised release or released
11 pursuant to Section 3-3-10 of this Code and shall supervise
12 such persons during their parole or release period in accord
13 with the conditions set by the Prisoner Review Board. Such
14 conditions shall include referral to an alcohol or drug abuse
15 treatment program, as appropriate, if such person has
16 previously been identified as having an alcohol or drug abuse
17 problem. Such conditions may include that the person use an
18 approved electronic monitoring device subject to Article 8A of
19 Chapter V.
20     (b) The Department shall assign personnel to assist persons
21 eligible for parole in preparing a parole plan. Such Department
22 personnel shall make a report of their efforts and findings to
23 the Prisoner Review Board prior to its consideration of the
24 case of such eligible person.
25     (c) A copy of the conditions of his parole or release shall
26 be signed by the parolee or releasee and given to him and to
27 his supervising officer who shall report on his progress under
28 the rules and regulations of the Prisoner Review Board. The
29 supervising officer shall report violations to the Prisoner
30 Review Board and shall have the full power of peace officers in
31 the arrest and retaking of any parolees or releasees or the
32 officer may request the Department to issue a warrant for the

 

 

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1 arrest of any parolee or releasee who has allegedly violated
2 his parole or release conditions. If the parolee or releasee
3 commits an act that constitutes a felony using a firearm or
4 knife, or, if applicable, fails to comply with the requirements
5 of the Sex Offender Registration Act, the officer shall request
6 the Department to issue a warrant and the Department shall
7 issue the warrant and the officer or the Department shall file
8 a violation report with notice of charges with the Prisoner
9 Review Board. A sheriff or other peace officer may detain an
10 alleged parole or release violator until a warrant for his
11 return to the Department can be issued. The parolee or releasee
12 may be delivered to any secure place until he can be
13 transported to the Department.
14     (d) The supervising officer shall regularly advise and
15 consult with the parolee or releasee, assist him in adjusting
16 to community life, inform him of the restoration of his rights
17 on successful completion of sentence under Section 5-5-5.
18     (e) Supervising officers shall receive specialized
19 training in the special needs of female releasees or parolees
20 including the family reunification process.
21     (f) The supervising officer shall keep such records as the
22 Prisoner Review Board or Department may require. All records
23 shall be entered in the master file of the individual.
24 (Source: P.A. 86-661; 86-1281; 87-855.)
 
25     Section 10. The Sex Offender Registration Act is amended by
26 changing Sections 2, 3, 7, 8, 8-5, 10, and 11 as follows:
 
27     (730 ILCS 150/2)  (from Ch. 38, par. 222)
28     Sec. 2. Definitions.
29     (A) As used in this Article, "sex offender" means any
30 person who is:
31         (1) charged pursuant to Illinois law, or any
32     substantially similar federal, Uniform Code of Military
33     Justice, sister state, or foreign country law, with a sex
34     offense set forth in subsection (B) of this Section or the

 

 

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1     attempt to commit an included sex offense, and:
2             (a) is convicted of such offense or an attempt to
3         commit such offense; or
4             (b) is found not guilty by reason of insanity of
5         such offense or an attempt to commit such offense; or
6             (c) is found not guilty by reason of insanity
7         pursuant to Section 104-25(c) of the Code of Criminal
8         Procedure of 1963 of such offense or an attempt to
9         commit such offense; or
10             (d) is the subject of a finding not resulting in an
11         acquittal at a hearing conducted pursuant to Section
12         104-25(a) of the Code of Criminal Procedure of 1963 for
13         the alleged commission or attempted commission of such
14         offense; or
15             (e) is found not guilty by reason of insanity
16         following a hearing conducted pursuant to a federal,
17         Uniform Code of Military Justice, sister state, or
18         foreign country law substantially similar to Section
19         104-25(c) of the Code of Criminal Procedure of 1963 of
20         such offense or of the attempted commission of such
21         offense; or
22             (f) is the subject of a finding not resulting in an
23         acquittal at a hearing conducted pursuant to a federal,
24         Uniform Code of Military Justice, sister state, or
25         foreign country law substantially similar to Section
26         104-25(a) of the Code of Criminal Procedure of 1963 for
27         the alleged violation or attempted commission of such
28         offense; or
29         (2) certified as a sexually dangerous person pursuant
30     to the Illinois Sexually Dangerous Persons Act, or any
31     substantially similar federal, Uniform Code of Military
32     Justice, sister state, or foreign country law; or
33         (3) subject to the provisions of Section 2 of the
34     Interstate Agreements on Sexually Dangerous Persons Act;
35     or
36         (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:
27             11-20.1 (child pornography),
28             11-6 (indecent solicitation of a child),
29             11-9.1 (sexual exploitation of a child),
30             11-15.1 (soliciting for a juvenile prostitute),
31             11-18.1 (patronizing a juvenile prostitute),
32             11-17.1 (keeping a place of juvenile
33         prostitution),
34             11-19.1 (juvenile pimping),
35             11-19.2 (exploitation of a child),
36             12-13 (criminal sexual assault),

 

 

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1             12-14 (aggravated criminal sexual assault),
2             12-14.1 (predatory criminal sexual assault of a
3         child),
4             12-15 (criminal sexual abuse),
5             12-16 (aggravated criminal sexual abuse),
6             12-33 (ritualized abuse of a child).
7             An attempt to commit any of these offenses.
8         (1.5) A violation of any of the following Sections of
9     the Criminal Code of 1961, when the victim is a person
10     under 18 years of age, the defendant is not a parent of the
11     victim, and the offense was committed on or after January
12     1, 1996:
13             10-1 (kidnapping),
14             10-2 (aggravated kidnapping),
15             10-3 (unlawful restraint),
16             10-3.1 (aggravated unlawful restraint).
17             An attempt to commit any of these offenses.
18         (1.6) First degree murder under Section 9-1 of the
19     Criminal Code of 1961, when the victim was a person under
20     18 years of age, the defendant was at least 17 years of age
21     at the time of the commission of the offense, and the
22     offense was committed on or after June 1, 1996.
23         (1.7) (Blank).
24         (1.8) A violation or attempted violation of Section
25     11-11 (sexual relations within families) of the Criminal
26     Code of 1961, and the offense was committed on or after
27     June 1, 1997.
28         (1.9)   Child abduction under paragraph (10) of
29     subsection (b) of Section 10-5 of the Criminal Code of 1961
30     committed by luring or attempting to lure a child under the
31     age of 16 into a motor vehicle, building, house trailer, or
32     dwelling place without the consent of the parent or lawful
33     custodian of the child for other than a lawful purpose and
34     the offense was committed on or after January 1, 1998.
35         (1.10) A violation or attempted violation of any of the
36     following Sections of the Criminal Code of 1961 when the

 

 

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1     offense was committed on or after July 1, 1999:
2             10-4 (forcible detention, if the victim is under 18
3         years of age),
4             11-6.5 (indecent solicitation of an adult),
5             11-15 (soliciting for a prostitute, if the victim
6         is under 18 years of age),
7             11-16 (pandering, if the victim is under 18 years
8         of age),
9             11-18 (patronizing a prostitute, if the victim is
10         under 18 years of age),
11             11-19 (pimping, if the victim is under 18 years of
12         age).
13         (1.11) A violation or attempted violation of any of the
14     following Sections of the Criminal Code of 1961 when the
15     offense was committed on or after the effective date of
16     this amendatory Act of the 92nd General Assembly:
17             11-9 (public indecency for a third or subsequent
18         conviction),
19             11-9.2 (custodial sexual misconduct).
20         (1.12) A violation or attempted violation of Section
21     5.1 of the Wrongs to Children Act (permitting sexual abuse)
22     when the offense was committed on or after the effective
23     date of this amendatory Act of the 92nd General Assembly.
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.
27     (C) A conviction for an offense of federal law, Uniform
28 Code of Military Justice, or the law of another state or a
29 foreign country that is substantially equivalent to any offense
30 listed in subsections (B), (C), and (E) of this Section shall
31 constitute a conviction for the purpose of this Article. A
32 finding or adjudication as a sexually dangerous person or a
33 sexually violent person under any federal law, Uniform Code of
34 Military Justice, or the law of another state or foreign
35 country that is substantially equivalent to the Sexually
36 Dangerous Persons Act or the Sexually Violent Persons

 

 

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1 Commitment Act shall constitute an adjudication for the
2 purposes of this Article.
3     (C-5) A person at least 17 years of age at the time of the
4 commission of the offense who is convicted of first degree
5 murder under Section 9-1 of the Criminal Code of 1961,
6 committed on or after June 1, 1996 against a person under 18
7 years of age, shall be required to register for natural life. A
8 conviction for an offense of federal, Uniform Code of Military
9 Justice, sister state, or foreign country law that is
10 substantially equivalent to any offense listed in subsection
11 (C-5) of this Section shall constitute a conviction for the
12 purpose of this Article.
13     (D) As used in this Article, "law enforcement agency having
14 jurisdiction" means the Chief of Police in each of the
15 municipalities in which the sex offender expects to reside,
16 work, or attend school (1) upon his or her discharge, parole or
17 release or (2) during the service of his or her sentence of
18 probation or conditional discharge, or the Sheriff of the
19 county, in the event no Police Chief exists or if the offender
20 intends to reside, work, or attend school in an unincorporated
21 area. "Law enforcement agency having jurisdiction" includes
22 the location where out-of-state students attend school and
23 where out-of-state employees are employed or are otherwise
24 required to register.
25     (D-1) As used in this Article, "supervising officer" means
26 the assigned Illinois Department of Corrections parole agent or
27 county probation officer.
28     (E) As used in this Article, "sexual predator" means any
29 person who, after July 1, 1999, is:
30         (1) Convicted for an offense of federal, Uniform Code
31     of Military Justice, sister state, or foreign country law
32     that is substantially equivalent to any offense listed in
33     subsection (E) of this Section shall constitute a
34     conviction for the purpose of this Article. Convicted of a
35     violation or attempted violation of any of the following
36     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             12-13 (criminal sexual assault, if the victim is a
8         person under 12 years of age),
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); or
14         (2) convicted of first degree murder under Section 9-1
15     of the Criminal Code of 1961, when the victim was a person
16     under 18 years of age and the defendant was at least 17
17     years of age at the time of the commission of the offense;
18     or
19         (3) certified as a sexually dangerous person pursuant
20     to the Sexually Dangerous Persons Act or any substantially
21     similar federal, Uniform Code of Military Justice, sister
22     state, or foreign country law; or
23         (4) found to be a sexually violent person pursuant to
24     the Sexually Violent Persons Commitment Act or any
25     substantially similar federal, Uniform Code of Military
26     Justice, sister state, or foreign country law; or
27         (5) convicted of a second or subsequent offense which
28     requires registration pursuant to this Act. The conviction
29     for the second or subsequent offense must have occurred
30     after July 1, 1999. For purposes of this paragraph (5),
31     "convicted" shall include a conviction under any
32     substantially similar Illinois, federal, Uniform Code of
33     Military Justice, sister state, or foreign country law.
34     (F) As used in this Article, "out-of-state student" means
35 any sex offender, as defined in this Section, or sexual
36 predator who is enrolled in Illinois, on a full-time or

 

 

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1 part-time basis, in any public or private educational
2 institution, including, but not limited to, any secondary
3 school, trade or professional institution, or institution of
4 higher learning.
5     (G) As used in this Article, "out-of-state employee" means
6 any sex offender, as defined in this Section, or sexual
7 predator who works in Illinois, regardless of whether the
8 individual receives payment for services performed, for a
9 period of time of 10 or more days or for an aggregate period of
10 time of 30 or more days during any calendar year. Persons who
11 operate motor vehicles in the State accrue one day of
12 employment time for any portion of a day spent in Illinois.
13     (H) As used in this Article, "school" means any public or
14 private educational institution, including, but not limited
15 to, any elementary or secondary school, trade or professional
16 institution, or institution of higher education.
17 (Source: P.A. 91-48, eff. 7-1-99; 92-828, eff. 8-22-02.)
 
18     (730 ILCS 150/3)  (from Ch. 38, par. 223)
19     Sec. 3. Duty to register.
20     (a) A sex offender, as defined in Section 2 of this Act, or
21 sexual predator shall, within the time period prescribed in
22 subsections (b) and (c), register in person and provide
23 accurate information as required by the Department of State
24 Police. Such information shall include a current photograph,
25 current address, current place of employment, and school
26 attended. The sex offender or sexual predator shall register:
27         (1) with the chief of police in each of the
28     municipality municipalities in which he or she attends
29     school, is employed, resides or is temporarily domiciled
30     for a period of time of 10 or more days, unless the
31     municipality is the City of Chicago, in which case he or
32     she shall register at the Chicago Police Department
33     Headquarters; or
34         (2) with the sheriff in each of the county counties in
35     which he or she attends school, is employed, resides or is

 

 

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1     temporarily domiciled for a period of time of 10 or more
2     days in an unincorporated area or, if incorporated, no
3     police chief exists.
4     If the sex offender or sexual predator is employed at or
5 attends an institution of higher education, he or she shall
6 register:
7         (i) with the chief of police in the municipality in
8     which he or she is employed at or attends an institution of
9     higher education, unless the municipality is the City of
10     Chicago, in which case he or she shall register at the
11     Chicago Police Department Headquarters; or
12         (ii) with the sheriff in the county in which he or she
13     is employed or attends an institution of higher education
14     located in an unincorporated area, or if incorporated, no
15     police chief exists.
16 For purposes of this Article, the place of residence or
17 temporary domicile is defined as any and all places where the
18 sex offender resides for an aggregate period of time of 10 or
19 more days during any calendar year.
20     The sex offender or sexual predator shall provide accurate
21 information as required by the Department of State Police. That
22 information shall include the sex offender's or sexual
23 predator's current place of employment.
24     (a-5) An out-of-state student or out-of-state employee
25 shall, within 10 days after beginning school or employment in
26 this State, register in person and provide accurate information
27 as required by the Department of State Police. Such information
28 will include current place of employment, school attended, and
29 address in state of residence. The out-of-state student or
30 out-of-state employee shall register:
31         (1) with the chief of police in each of the
32     municipality municipalities in which he or she attends
33     school or is employed for a period of time of 10 or more
34     days or for an aggregate period of time of more than 30
35     days during any calendar year, unless the municipality is
36     the City of Chicago, in which case he or she shall register

 

 

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1     at the Chicago Police Department Headquarters; or
2         (2) with the sheriff in each of the county counties in
3     which he or she attends school or is employed for a period
4     of time of 10 or more days or for an aggregate period of
5     time of more than 30 days during any calendar year in an
6     unincorporated area or, if incorporated, no police chief
7     exists.
8     The out-of-state student or out-of-state employee shall
9 provide accurate information as required by the Department of
10 State Police. That information shall include the out-of-state
11 student's current place of school attendance or the
12 out-of-state employee's current place of employment.
13     (b) Any sex offender, as defined in Section 2 of this Act,
14 or sexual predator, regardless of any initial, prior, or other
15 registration, shall, within 10 days of beginning school, or
16 establishing a residence, place of employment, or temporary
17 domicile in any county, register in person as set forth in
18 subsection (a) or (a-5).
19     (c) The registration for any person required to register
20 under this Article shall be as follows:
21         (1) Any person registered under the Habitual Child Sex
22     Offender Registration Act or the Child Sex Offender
23     Registration Act prior to January 1, 1996, shall be deemed
24     initially registered as of January 1, 1996; however, this
25     shall not be construed to extend the duration of
26     registration set forth in Section 7.
27         (2) Except as provided in subsection (c)(4), any person
28     convicted or adjudicated prior to January 1, 1996, whose
29     liability for registration under Section 7 has not expired,
30     shall register in person prior to January 31, 1996.
31         (2.5) Except as provided in subsection (c)(4), any
32     person who has not been notified of his or her
33     responsibility to register shall be notified by a criminal
34     justice entity of his or her responsibility to register.
35     Upon notification the person must then register within 10
36     days of notification of his or her requirement to register.

 

 

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1     If notification is not made within the offender's 10 year
2     registration requirement, and the Department of State
3     Police determines no evidence exists or indicates the
4     offender attempted to avoid registration, the offender
5     will no longer be required to register under this Act.
6         (3) Except as provided in subsection (c)(4), any person
7     convicted on or after January 1, 1996, shall register in
8     person within 10 days after the entry of the sentencing
9     order based upon his or her conviction.
10         (4) Any person unable to comply with the registration
11     requirements of this Article because he or she is confined,
12     institutionalized, or imprisoned in Illinois on or after
13     January 1, 1996, shall register in person within 10 days of
14     discharge, parole or release.
15         (5) The person shall provide positive identification
16     and documentation that substantiates proof of residence at
17     the registering address.
18         (6) The person shall pay a $20 initial registration fee
19     and a $10 annual renewal fee. The fees shall be used by the
20     registering agency for official purposes. The agency shall
21     establish procedures to document receipt and use of the
22     funds. The law enforcement agency having jurisdiction may
23     waive the registration fee if it determines that the person
24     is indigent and unable to pay the registration fee. Ten
25     dollars for the initial registration fee and $5 of the
26     annual renewal fee shall be used by the registering agency
27     for official purposes. Ten dollars of the initial
28     registration fee and $5 of the annual fee shall be
29     deposited into the Sex Offender Management Board Fund under
30     Section 19 of the Sex Offender Management Board Act. Money
31     deposited into the Sex Offender Management Board Fund shall
32     be administered by the Sex Offender Management Board and
33     shall be used to fund practices endorsed or required by the
34     Sex Offender Management Board Act including but not limited
35     to sex offenders evaluation, treatment, or monitoring
36     programs that are or may be developed, as well as for

 

 

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1     administrative costs, including staff, incurred by the
2     Board.
3     (d) Within 10 days after obtaining or changing employment
4 and, if employed on January 1, 2000, within 10 days after that
5 date, a person required to register under this Section must
6 report, in person or in writing to the law enforcement agency
7 having jurisdiction, the business name and address where he or
8 she is employed. If the person has multiple businesses or work
9 locations, every business and work location must be reported to
10 the law enforcement agency having jurisdiction.
11 (Source: P.A. 92-828, eff. 8-22-02; 93-616, eff. 1-1-04.)
 
12     (730 ILCS 150/7)  (from Ch. 38, par. 227)
13     Sec. 7. Duration of registration. A person who has been
14 adjudicated to be sexually dangerous and is later released or
15 found to be no longer sexually dangerous and discharged, shall
16 register for the period of his or her natural life. A sexually
17 violent person or sexual predator shall register for the period
18 of his or her natural life after conviction or adjudication if
19 not confined to a penal institution, hospital, or other
20 institution or facility, and if confined, for the period of his
21 or her natural life after parole, discharge, or release from
22 any such facility. Any other person who is required to register
23 under this Article shall be required to register for a period
24 of 10 years after conviction or adjudication if not confined to
25 a penal institution, hospital or any other institution or
26 facility, and if confined, for a period of 10 years after
27 parole, discharge or release from any such facility. A sex
28 offender who is allowed to leave a county, State, or federal
29 facility for the purposes of work release, education, or
30 overnight visitations shall be required to register within 10
31 days of beginning such a program. Liability for registration
32 terminates at the expiration of 10 years from the date of
33 conviction or adjudication if not confined to a penal
34 institution, hospital or any other institution or facility and
35 if confined, at the expiration of 10 years from the date of

 

 

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1 parole, discharge or release from any such facility, providing
2 such person does not, during that period, again become liable
3 to register under the provisions of this Article. Reconfinement
4 due to a violation of parole or other circumstances that
5 relates to the original conviction or adjudication shall extend
6 the period of registration to 10 years after final parole,
7 discharge, or release. The Director of State Police, consistent
8 with administrative rules, shall extend for 10 years the
9 registration period of any sex offender, as defined in Section
10 2 of this Act, who fails to comply with the provisions of this
11 Article. The registration period for any sex offender who fails
12 to comply with any provision of the Act shall extend the period
13 of registration by 10 years beginning from the first date of
14 registration after the violation.
15 (Source: P.A. 91-48, eff. 7-1-99; 92-828, eff. 8-22-02.)
 
16     (730 ILCS 150/8)  (from Ch. 38, par. 228)
17     Sec. 8. Registration Requirements. Registration as
18 required by this Article shall consist of a statement in
19 writing signed by the person giving the information that is
20 required by the Department of State Police, which may include
21 the fingerprints and must include a current photograph of the
22 person, to be updated annually. The registration information
23 must include whether the person is a sex offender as defined in
24 the Sex Offender and Child Murderer Community Notification Law.
25 Within 3 days, the registering law enforcement agency shall
26 forward any required information to the Department of State
27 Police. The registering law enforcement agency shall enter the
28 information into the Law Enforcement Agencies Data System
29 (LEADS) as provided in Sections 6 and 7 of the
30 Intergovernmental Missing Child Recovery Act of 1984.
31 (Source: P.A. 90-193, eff. 7-24-97; 91-224, eff. 7-1-00.)
 
32     (730 ILCS 150/8-5)
33     Sec. 8-5. Verification Address verification requirements.
34     (a) Address verification. The agency having jurisdiction

 

 

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1 shall verify the address of sex offenders, as defined in
2 Section 2 of this Act, or sexual predators required to register
3 with their agency at least once per calendar year. The
4 verification must be documented in LEADS in the form and manner
5 required by the Department of State Police.
6     (b) Registration verification. The supervising officer
7 shall, within 15 days of sentencing to probation or release
8 from an Illinois Department of Corrections facility, contact
9 the law enforcement agency in the jurisdiction in which the sex
10 offender or sexual predator designated as his or her intended
11 residence and verify compliance with the requirements of this
12 Act. Revocation proceedings shall be immediately commenced
13 against a sex offender or sexual predator on probation, parole,
14 or mandatory supervised release who fails to comply with the
15 requirements of this Act.
16 (Source: P.A. 91-48, eff. 7-1-99; 92-828, eff. 8-22-02.)
 
17     (730 ILCS 150/10)  (from Ch. 38, par. 230)
18     Sec. 10. Penalty. Any person who is required to register
19 under this Article who violates any of the provisions of this
20 Article and any person who is required to register under this
21 Article who seeks to change his or her name under Article 21 of
22 the Code of Civil Procedure is guilty of a Class 3 4 felony.
23 Any person who is required to register under this Article who
24 knowingly or wilfully gives material information required by
25 this Article that is false is guilty of a Class 3 felony. Any
26 person convicted of a violation of any provision of this
27 Article shall, in addition to any other penalty required by
28 law, be required to serve a minimum period of 7 days
29 confinement in the local county jail. The court shall impose a
30 mandatory minimum fine of $500 for failure to comply with any
31 provision of this Article. These fines shall be deposited in
32 the Sex Offender Registration Fund. Any sex offender, as
33 defined in Section 2 of this Act, or sexual predator who
34 violates any provision of this Article may be tried in any
35 Illinois county where the sex offender can be located.

 

 

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1 (Source: P.A. 91-48, eff. 7-1-99; 91-221, eff. 7-22-99; 92-16,
2 eff. 6-28-01; 92-828, eff. 8-22-02.)
 
3     (730 ILCS 150/11)
4     Sec. 11. Sex offender registration fund. There is created
5 the Sex Offender Registration Fund. Moneys in the Fund shall be
6 used to cover costs incurred by the criminal justice system to
7 administer this Article. The Department of State Police shall
8 establish and promulgate rules and procedures regarding the
9 administration of this Fund. Fifty percent At least 50% of the
10 moneys in the Fund shall be allocated by the Department for
11 sheriffs' offices and police departments. The remaining moneys
12 in the Fund shall be allocated to the Illinois State Police Sex
13 Offender Registration Unit for education and administration of
14 the Act.
15 (Source: P.A. 90-193, eff. 7-24-97.)
 
16     Section 15. The Sex Offender and Child Murderer Community
17 Notification Law is amended by changing Section 115 as follows:
 
18     (730 ILCS 152/115)
19     Sec. 115. Sex offender database.
20     (a) The Department of State Police shall establish and
21 maintain a Statewide Sex Offender Database for the purpose of
22 identifying sex offenders and making that information
23 available to the persons specified in Sections 120 and 125 of
24 this Law. The Database shall be created from the Law
25 Enforcement Agencies Data System (LEADS) established under
26 Section 6 of the Intergovernmental Missing Child Recovery Act
27 of 1984. The Department of State Police shall examine its LEADS
28 database for persons registered as sex offenders under the Sex
29 Offender Registration Act and shall identify those who are sex
30 offenders and shall add all the information, including
31 photographs if available, on those sex offenders to the
32 Statewide Sex Offender Database.
33     (b) The Department of State Police must make the

 

 

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1 information contained in the Statewide Sex Offender Database
2 accessible on the Internet by means of a hyperlink labeled "Sex
3 Offender Information" on the Department's World Wide Web home
4 page. The Department of State Police must update that
5 information as it deems necessary.
6     The Department of State Police may require that a person
7 who seeks access to the sex offender information submit
8 biographical information about himself or herself before
9 permitting access to the sex offender information. The
10 Department of State Police may limit access to the sex offender
11 information to information about sex offenders who reside
12 within a specified geographic area in proximity to the address
13 of the person seeking that information. The Department of State
14 Police must promulgate rules in accordance with the Illinois
15 Administrative Procedure Act to implement this subsection (b)
16 and those rules must include procedures to ensure that the
17 information in the database is accurate.
18     (c) The Department of State Police, Sex Offender
19 Registration Unit, must develop and conduct training to educate
20 all those entities involved in the Sex Offender Registration
21 Program.
22 (Source: P.A. 90-193, eff. 7-24-97; 91-224, eff. 7-1-00.)
 
23     Section 99. Effective date. This Act takes effect upon
24 becoming law.