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Public Act 095-0579 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing | ||||
Section 11-20.1A and by adding Section 11-20.3 as follows:
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(720 ILCS 5/11-20.1A) (from Ch. 38, par. 11-20.1A)
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Sec. 11-20.1A. Forfeitures.
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(a) A person who commits the offense of keeping a place of
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juvenile prostitution, exploitation of a child, or child | ||||
pornography under
Section 11-17.1, 11-19.2, or 11-20.1 , or | ||||
11-20.3 of this Code
shall forfeit to the State
of Illinois:
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(1) Any profits or proceeds and any interest or | ||||
property he or she has
acquired
or maintained in violation | ||||
of Section 11-17.1, 11-19.2, or
11-20.1 , or 11-20.3 of this
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Code that the sentencing court determines, after a | ||||
forfeiture hearing, to
have been acquired or maintained as | ||||
a result of keeping a place of juvenile
prostitution, | ||||
exploitation of a child, or child pornography , or | ||||
aggravated child pornography .
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(2) Any interest in, security of, claim against, or | ||||
property or
contractual right of any kind affording a | ||||
source of influence over any
enterprise that he or she has | ||||
established, operated,
controlled, or conducted
in |
violation of Section 11-17.1, 11-19.2, or 11-20.1 , or | ||
11-20.3 of
this Code that the
sentencing court determines, | ||
after a forfeiture hearing, to have been
acquired or | ||
maintained as a result of keeping a place of juvenile
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prostitution, exploitation of a child, or child | ||
pornography , or aggravated child pornography .
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(3) Any computer that contains a depiction of child | ||
pornography in any
encoded or decoded format in violation | ||
of Section 11-20.1 of this Code. For
purposes of this | ||
paragraph (3), "computer" has the meaning ascribed to it in
| ||
Section 16D-2 of this Code.
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(b) (1) The court shall, upon petition by the Attorney | ||
General or State's
Attorney at any time following | ||
sentencing, conduct a hearing to determine
whether any | ||
property or property interest is subject to forfeiture | ||
under
this Section. At the forfeiture hearing the people | ||
shall have the burden of
establishing, by a preponderance | ||
of the evidence, that property or property
interests are | ||
subject to forfeiture under this Section.
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(2) In any action brought by the People of the State of | ||
Illinois under
this Section, wherein any restraining | ||
order, injunction or prohibition or
any other action in | ||
connection with any property or interest subject to
| ||
forfeiture under this Section is sought, the circuit court | ||
presiding over
the trial of the person or persons charged | ||
with keeping a place of juvenile
prostitution, |
exploitation of a child or child pornography
shall first | ||
determine whether there is
probable cause to believe that | ||
the person or persons so charged have
committed the offense | ||
of keeping a place of juvenile prostitution,
exploitation | ||
of a child or child pornography
and whether the property or | ||
interest is subject to forfeiture
pursuant to this Section. | ||
In order to make such a determination, prior to
entering | ||
any such order, the court shall conduct a hearing without a
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jury, wherein the People shall establish that there is: (i)
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probable cause that the person or persons so charged have | ||
committed the
offense of keeping a place of juvenile | ||
prostitution, exploitation of a
child or child pornography | ||
and (ii) probable cause that any
property or interest may | ||
be subject to forfeiture
pursuant to this Section. Such | ||
hearing may be conducted simultaneously with a
preliminary | ||
hearing, if the prosecution is commenced by information or
| ||
complaint, or by motion of the People, at any stage in the | ||
proceedings.
The court may accept a finding of probable | ||
cause at a preliminary hearing
following the filing of an | ||
information charging the offense
of keeping a place of | ||
juvenile prostitution, exploitation of a child or
child | ||
pornography or the return of an indictment by a grand jury | ||
charging
the offense of keeping a place of juvenile | ||
prostitution, exploitation of a
child or child pornography | ||
as sufficient evidence of
probable cause as provided in | ||
item (i) above. Upon such a finding,
the circuit court |
shall enter such restraining order,
injunction or | ||
prohibition, or shall take such other action in connection
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with any such property or other interest subject to | ||
forfeiture,
as is necessary to insure that such property is | ||
not removed from the
jurisdiction of the court, concealed, | ||
destroyed or otherwise disposed of by
the owner of that | ||
property or interest prior to a forfeiture hearing under
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this Section. The Attorney General or State's Attorney | ||
shall file a
certified copy of such restraining order, | ||
injunction or other prohibition
with the recorder of deeds | ||
or registrar of titles of each county where any
such | ||
property of the defendant may be located. No such | ||
injunction,
restraining order or other prohibition shall | ||
affect the rights of any bona
fide purchaser, mortgagee, | ||
judgment creditor or other lienholder arising
prior to the | ||
date of such filing. The court may, at any time, upon | ||
verified
petition by the defendant or an innocent owner or | ||
innocent bona fide third
party lienholder who neither had | ||
knowledge of, nor consented to, the
illegal act or | ||
omission, conduct a hearing to release
all or portions of | ||
any such property or interest which the court
previously | ||
determined to be subject to forfeiture or subject to any
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restraining order, injunction, or prohibition or other | ||
action. The
court may release such property to the | ||
defendant
or innocent owner or innocent bona fide third | ||
party lienholder who
neither had knowledge of, nor |
consented to, the illegal act or omission for
good cause | ||
shown and within the sound discretion of the court.
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A forfeiture under this Section may be commenced by the | ||
Attorney General
or a State's Attorney.
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(3) Upon conviction of a person of keeping a place of | ||
juvenile
prostitution, exploitation of a child or child | ||
pornography, the court shall
authorize the Attorney | ||
General to seize all property or other interest
declared | ||
forfeited under this Section upon such terms and conditions | ||
as the
court shall deem proper.
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(4) The Attorney General is authorized to sell all | ||
property forfeited
and seized pursuant to this Section, | ||
unless such property is required by law
to be destroyed or | ||
is harmful to the public, and, after the deduction of
all | ||
requisite expenses of administration and sale, shall | ||
distribute the
proceeds of such sale, along with any moneys | ||
forfeited or seized, in
accordance with subsection (c) of | ||
this Section.
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(c) All monies forfeited and the sale proceeds of all other | ||
property
forfeited and seized under this Section shall be | ||
distributed as follows:
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(1) One-half shall be divided equally among all State | ||
agencies and units
of local government
whose officers or | ||
employees conducted the investigation which resulted in
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the forfeiture; and
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(2) One-half shall be deposited in the Violent Crime |
Victims Assistance
Fund.
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(Source: P.A. 91-229, eff. 1-1-00; 92-175, eff. 1-1-02.)
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(720 ILCS 5/11-20.3 new) | ||
Sec. 11-20.3. Aggravated child pornography. | ||
(a) A person commits the offense of aggravated child | ||
pornography who: | ||
(1) films, videotapes, photographs, or otherwise | ||
depicts or portrays by means of any similar visual medium | ||
or reproduction or depicts by computer any child whom he or | ||
she knows or reasonably should know to be under the age of | ||
13 years where such child is: | ||
(i) actually or by simulation engaged in any act of | ||
sexual penetration or sexual conduct with any person or | ||
animal; or | ||
(ii) actually or by simulation engaged in any act | ||
of sexual penetration or sexual conduct involving the | ||
sex organs of the child and the mouth, anus, or sex | ||
organs of another person or animal; or which involves | ||
the mouth, anus or sex organs of the child and the sex | ||
organs of another person or animal; or | ||
(iii) actually or by simulation engaged in any act | ||
of masturbation; or | ||
(iv) actually or by simulation portrayed as being | ||
the object of, or otherwise engaged in, any act of lewd | ||
fondling, touching, or caressing involving another |
person or animal; or | ||
(v) actually or by simulation engaged in any act of | ||
excretion or urination within a sexual context; or | ||
(vi) actually or by simulation portrayed or | ||
depicted as bound, fettered, or subject to sadistic, | ||
masochistic, or sadomasochistic abuse in any sexual | ||
context; or | ||
(vii) depicted or portrayed in any pose, posture or | ||
setting involving a lewd exhibition of the unclothed or | ||
transparently clothed genitals, pubic area, buttocks, | ||
or, if such person is female, a fully or partially | ||
developed breast of the child or other person; or | ||
(2) with the knowledge of the nature or content | ||
thereof, reproduces, disseminates, offers to disseminate, | ||
exhibits or possesses with intent to disseminate any film, | ||
videotape, photograph or other similar visual reproduction | ||
or depiction by computer of any child whom the person knows | ||
or reasonably should know to be under the age of 13 engaged | ||
in any activity described in subparagraphs (i) through | ||
(vii) of paragraph (1) of this subsection; or | ||
(3) with knowledge of the subject matter or theme | ||
thereof, produces any stage play, live performance, film, | ||
videotape or other similar visual portrayal or depiction by | ||
computer which includes a child whom the person knows or | ||
reasonably should know to be under the age of 13 engaged in | ||
any activity described in subparagraphs (i) through (vii) |
of paragraph (1) of this subsection; or | ||
(4) solicits, uses, persuades, induces, entices, or | ||
coerces any child whom he or she knows or reasonably should | ||
know to be under the age of 13 to appear in any stage play, | ||
live presentation, film, videotape, photograph or other | ||
similar visual reproduction or depiction by computer in | ||
which the child or severely or profoundly mentally retarded | ||
person is or will be depicted, actually or by simulation, | ||
in any act, pose or setting described in subparagraphs (i) | ||
through (vii) of paragraph (1) of this subsection; or | ||
(5) is a parent, step-parent, legal guardian or other | ||
person having care or custody of a child whom the person | ||
knows or reasonably should know to be under the age of 13 | ||
and who knowingly permits, induces, promotes, or arranges | ||
for such child to appear in any stage play, live | ||
performance, film, videotape, photograph or other similar | ||
visual presentation, portrayal or simulation or depiction | ||
by computer of any act or activity described in | ||
subparagraphs (i) through (vii) of paragraph (1) of this | ||
subsection; or | ||
(6) with knowledge of the nature or content thereof, | ||
possesses any film, videotape, photograph or other similar | ||
visual reproduction or depiction by computer of any child | ||
whom the person knows or reasonably should know to be under | ||
the age of 13 engaged in any activity described in | ||
subparagraphs (i) through (vii) of paragraph (1) of this |
subsection; or | ||
(7) solicits, or knowingly uses, persuades, induces, | ||
entices, or coerces a person to provide a child under the | ||
age of 13 to appear in any videotape, photograph, film, | ||
stage play, live presentation, or other similar visual | ||
reproduction or depiction by computer in which the child | ||
will be depicted, actually or by simulation, in any act, | ||
pose, or setting described in subparagraphs (i) through | ||
(vii) of paragraph (1) of this subsection. | ||
(b)(1) It shall be an affirmative defense to a charge of | ||
aggravated child pornography that the defendant reasonably | ||
believed, under all of the circumstances, that the child was 13 | ||
years of age or older, but only where, prior to the act or acts | ||
giving rise to a prosecution under this Section, he or she took | ||
some affirmative action or made a bonafide inquiry designed to | ||
ascertain whether the child was 13 years of age or older and | ||
his or her reliance upon the information so obtained was | ||
clearly reasonable. | ||
(2) The charge of aggravated child pornography shall not | ||
apply to the performance of official duties by law enforcement | ||
or prosecuting officers or persons employed by law enforcement | ||
or prosecuting agencies, court personnel or attorneys, nor to | ||
bonafide treatment or professional education programs | ||
conducted by licensed physicians, psychologists or social | ||
workers. | ||
(3) If the defendant possessed more than 3 of the same |
film, videotape or visual reproduction or depiction by computer | ||
in which aggravated child pornography is depicted, then the | ||
trier of fact may infer that the defendant possessed such | ||
materials with the intent to disseminate them. | ||
(4) The charge of aggravated child pornography does not | ||
apply to a person who does not voluntarily possess a film, | ||
videotape, or visual reproduction or depiction by computer in | ||
which aggravated child pornography is depicted. Possession is | ||
voluntary if the defendant knowingly procures or receives a | ||
film, videotape, or visual reproduction or depiction for a | ||
sufficient time to be able to terminate his or her possession. | ||
(c) Sentence:
(1) A person who commits a violation of | ||
paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) is | ||
guilty of a Class X felony with a mandatory minimum fine of | ||
$2,000 and a maximum fine of $100,000. | ||
(2) A person who commits a violation of paragraph (6) of | ||
subsection (a) is guilty of a Class 2 felony with a mandatory | ||
minimum fine of $1000 and a maximum fine of $100,000. | ||
(3) A person who commits a violation of paragraph (1), (2), | ||
(3), (4), (5), or (7) of subsection (a) where the defendant has | ||
previously been convicted under the laws of this State or any | ||
other state of the offense of child pornography, aggravated | ||
child pornography, aggravated criminal sexual abuse, | ||
aggravated criminal sexual assault, predatory criminal sexual | ||
assault of a child, or any of the offenses formerly known as | ||
rape, deviate sexual assault, indecent liberties with a child, |
or aggravated indecent liberties with a child where the victim | ||
was under the age of 18 years or an offense that is | ||
substantially equivalent to those offenses, is guilty of a | ||
Class X felony for which the person shall be sentenced to a | ||
term of imprisonment of not less than 9 years with a mandatory | ||
minimum fine of $2,000 and a maximum fine of $100,000. | ||
(4) A person who commits a violation of paragraph (6) of | ||
subsection (a) where the defendant has previously been | ||
convicted under the laws of this State or any other state of | ||
the offense of child pornography, aggravated child | ||
pornography, aggravated criminal sexual abuse, aggravated | ||
criminal sexual assault, predatory criminal sexual assault of a | ||
child, or any of the offenses formerly known as rape, deviate | ||
sexual assault, indecent liberties with a child, or aggravated | ||
indecent liberties with a child where the victim was under the | ||
age of 18 years or an offense that is substantially equivalent | ||
to those offenses, is guilty of a Class 1 felony with a | ||
mandatory minimum fine of $1000 and a maximum fine of $100,000. | ||
(d) If a person is convicted of a second or subsequent | ||
violation of this Section within 10 years of a prior | ||
conviction, the court shall order a presentence psychiatric | ||
examination of the person. The examiner shall report to the | ||
court whether treatment of the person is necessary. | ||
(e) Any film, videotape, photograph or other similar visual | ||
reproduction or depiction by computer which includes a child | ||
under the age of 13 engaged in any activity described in |
subparagraphs (i) through (vii) of paragraph (1) of subsection | ||
(a), and any material or equipment used or intended for use in | ||
photographing, filming, printing, producing, reproducing, | ||
manufacturing, projecting, exhibiting, depiction by computer, | ||
or disseminating such material shall be seized and forfeited in | ||
the manner, method and procedure provided by Section 36-1 of | ||
this Code for the seizure and forfeiture of vessels, vehicles | ||
and aircraft. | ||
(e-5) Upon the conclusion of a case brought under this | ||
Section, the court shall seal all evidence depicting a victim | ||
or witness that is sexually explicit. The evidence may be | ||
unsealed and viewed, on a motion of the party seeking to unseal | ||
and view the evidence, only for good cause shown and in the | ||
discretion of the court. The motion must expressly set forth | ||
the purpose for viewing the material. The State's attorney and | ||
the victim, if possible, shall be provided reasonable notice of | ||
the hearing on the motion to unseal the evidence. Any person | ||
entitled to notice of a hearing under this subsection (e-5) may | ||
object to the motion. | ||
(f) Definitions. For the purposes of this Section: | ||
(1) "Disseminate" means (i) to sell, distribute, | ||
exchange or transfer possession, whether with or without | ||
consideration or (ii) to make a depiction by computer | ||
available for distribution or downloading through the | ||
facilities of any telecommunications network or through | ||
any other means of transferring computer programs or data |
to a computer. | ||
(2) "Produce" means to direct, promote, advertise, | ||
publish, manufacture, issue, present or show. | ||
(3) "Reproduce" means to make a duplication or copy. | ||
(4) "Depict by computer" means to generate or create, | ||
or cause to be created or generated, a computer program or | ||
data that, after being processed by a computer either alone | ||
or in conjunction with one or more computer programs, | ||
results in a visual depiction on a computer monitor, | ||
screen, or display. | ||
(5) "Depiction by computer" means a computer program or | ||
data that, after being processed by a computer either alone | ||
or in conjunction with one or more computer programs, | ||
results in a visual depiction on a computer monitor, | ||
screen, or display. | ||
(6) "Computer", "computer program", and "data" have | ||
the meanings ascribed to them in Section 16D-2 of this | ||
Code. | ||
(7) For the purposes of this Section, "child" means a | ||
person, either in part or in total, under the age of 13, | ||
regardless of the method by which the film, videotape, | ||
photograph, or other similar visual medium or reproduction | ||
or depiction by computer is created, adopted, or modified | ||
to appear as such. | ||
(8) "Sexual penetration" and "sexual conduct" have the | ||
meanings ascribed to them in Section 12-12 of this Code. |
(g) When a charge of aggravated child pornography is | ||
brought, the age of the child is an element of the offense to | ||
be resolved by the trier of fact as either exceeding or not | ||
exceeding the age in question. The trier of fact can rely on | ||
its own everyday observations and common experiences in making | ||
this determination.
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Section 10. The Unified Code of Corrections is amended by | ||
changing Sections 3-3-7 and 5-5-3 and by adding Section 5-4-3.2 | ||
as follows: | ||
(730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | ||
Sec. 3-3-7. Conditions of Parole or Mandatory Supervised | ||
Release.
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(a) The conditions of parole or mandatory
supervised | ||
release shall be such as the Prisoner Review
Board deems | ||
necessary to assist the subject in leading a
law-abiding life. | ||
The conditions of every parole and mandatory
supervised release | ||
are that the subject:
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(1) not violate any criminal statute of any | ||
jurisdiction
during the parole or release term;
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(2) refrain from possessing a firearm or other | ||
dangerous
weapon;
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(3) report to an agent of the Department of | ||
Corrections;
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(4) permit the agent to visit him or her at his or her |
home, employment,
or
elsewhere to the
extent necessary for | ||
the agent to discharge his or her duties;
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(5) attend or reside in a facility established for the | ||
instruction or
residence
of persons on
parole or mandatory | ||
supervised release;
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(6) secure permission before visiting or writing a | ||
committed person in an
Illinois Department
of Corrections | ||
facility;
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(7) report all arrests to an agent of the Department of | ||
Corrections as
soon as
permitted by the
arresting authority | ||
but in no event later than 24 hours after release from
| ||
custody;
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(7.5) if convicted of a sex offense as defined in the | ||
Sex Offender
Management Board Act, the individual shall | ||
undergo and successfully complete
sex offender treatment | ||
conducted in conformance with the standards developed by
| ||
the Sex
Offender Management Board Act by a treatment | ||
provider approved by the Board;
| ||
(7.6) if convicted of a sex offense as defined in the | ||
Sex Offender
Management Board Act, refrain from residing at | ||
the same address or in the same condominium unit or | ||
apartment unit or in the same condominium complex or | ||
apartment complex with another person he or she knows or | ||
reasonably should know is a convicted sex offender or has | ||
been placed on supervision for a sex offense; the | ||
provisions of this paragraph do not apply to a person |
convicted of a sex offense who is placed in a Department of | ||
Corrections licensed transitional housing facility for sex | ||
offenders, or is in any facility operated or licensed by | ||
the Department of Children and Family Services or by the | ||
Department of Human Services, or is in any licensed medical | ||
facility;
| ||
(7.7) if convicted for an offense that would qualify | ||
the accused as a sexual predator under the Sex Offender | ||
Registration Act on or after the effective date of this | ||
amendatory Act of the 94th General Assembly, wear an | ||
approved electronic monitoring device as defined in | ||
Section 5-8A-2 for the duration of the person's parole, | ||
mandatory supervised release term, or extended mandatory | ||
supervised release term, provided funding is appropriated | ||
by the General Assembly;
| ||
(7.8) if convicted under Section 11-6, 11-20.1, | ||
11-20.3, or 11-21 of the Criminal Code of 1961, consent to | ||
search of computers, PDAs, cellular phones, and other | ||
devices under his or her control that are capable of | ||
accessing the Internet or storing electronic files, in | ||
order to confirm Internet protocol addresses reported in | ||
accordance with the Sex Offender Registration Act and | ||
compliance with conditions in this Act;
| ||
(8) obtain permission of an agent of the Department of | ||
Corrections before
leaving the
State of Illinois;
| ||
(9) obtain permission of an agent of the Department of |
Corrections before
changing
his or her residence or | ||
employment;
| ||
(10) consent to a search of his or her person, | ||
property, or residence
under his or her
control;
| ||
(11) refrain from the use or possession of narcotics or | ||
other controlled
substances in
any form, or both, or any | ||
paraphernalia related to those substances and submit
to a
| ||
urinalysis test as instructed by a parole agent of the | ||
Department of
Corrections;
| ||
(12) not frequent places where controlled substances | ||
are illegally sold,
used,
distributed, or administered;
| ||
(13) not knowingly associate with other persons on | ||
parole or mandatory
supervised
release without prior | ||
written permission of his or her parole agent and not
| ||
associate with
persons who are members of an organized gang | ||
as that term is defined in the
Illinois
Streetgang | ||
Terrorism Omnibus Prevention Act;
| ||
(14) provide true and accurate information, as it | ||
relates to his or her
adjustment in the
community while on | ||
parole or mandatory supervised release or to his or her
| ||
conduct
while incarcerated, in response to inquiries by his | ||
or her parole agent or of
the
Department of Corrections;
| ||
(15) follow any specific instructions provided by the | ||
parole agent that
are consistent
with furthering | ||
conditions set and approved by the Prisoner Review Board or | ||
by
law,
exclusive of placement on electronic detention, to |
achieve the goals and
objectives of his
or her parole or | ||
mandatory supervised release or to protect the public. | ||
These
instructions by the parole agent may be modified at | ||
any time, as the agent
deems
appropriate; and
| ||
(16) if convicted of a sex offense as defined in | ||
subsection (a-5) of Section 3-1-2 of this Code, unless the | ||
offender is a parent or guardian of the person under 18 | ||
years of age present in the home and no non-familial minors | ||
are present, not participate in a holiday event involving | ||
children under 18 years of age, such as distributing candy | ||
or other items to children on Halloween, wearing a Santa | ||
Claus costume on or preceding Christmas, being employed as | ||
a department store Santa Claus, or wearing an Easter Bunny | ||
costume on or preceding Easter. | ||
(b) The Board may in addition to other conditions
require | ||
that the subject:
| ||
(1) work or pursue a course of study or vocational | ||
training;
| ||
(2) undergo medical or psychiatric treatment, or | ||
treatment
for drug addiction or alcoholism;
| ||
(3) attend or reside in a facility established for the
| ||
instruction or residence of persons on probation or parole;
| ||
(4) support his dependents;
| ||
(5) (blank);
| ||
(6) (blank);
| ||
(7) comply with the terms and conditions of an order of |
protection
issued pursuant to the Illinois Domestic | ||
Violence Act of 1986, enacted by the
84th General Assembly, | ||
or an order of protection issued by the court of another
| ||
state, tribe, or United States territory; and
| ||
(8) in addition, if a minor:
| ||
(i) reside with his parents or in a foster home;
| ||
(ii) attend school;
| ||
(iii) attend a non-residential program for youth; | ||
or
| ||
(iv) contribute to his own support at home or in a | ||
foster
home.
| ||
(b-1) In addition to the conditions set forth in | ||
subsections (a) and (b), persons required to register as sex | ||
offenders pursuant to the Sex Offender Registration Act, upon | ||
release from the custody of the Illinois Department of | ||
Corrections, may be required by the Board to comply with the | ||
following specific conditions of release: | ||
(1) reside only at a Department approved location; | ||
(2) comply with all requirements of the Sex Offender | ||
Registration Act;
| ||
(3) notify
third parties of the risks that may be | ||
occasioned by his or her criminal record; | ||
(4) obtain the approval of an agent of the Department | ||
of Corrections prior to accepting employment or pursuing a | ||
course of study or vocational training and notify the | ||
Department prior to any change in employment, study, or |
training; | ||
(5) not be employed or participate in any
volunteer | ||
activity that involves contact with children, except under | ||
circumstances approved in advance and in writing by an | ||
agent of the Department of Corrections; | ||
(6) be electronically monitored for a minimum of 12 | ||
months from the date of release as determined by the Board;
| ||
(7) refrain from entering into a designated
geographic | ||
area except upon terms approved in advance by an agent of | ||
the Department of Corrections. The terms may include | ||
consideration of the purpose of the entry, the time of day, | ||
and others accompanying the person; | ||
(8) refrain from having any contact, including
written | ||
or oral communications, directly or indirectly, personally | ||
or by telephone, letter, or through a third party with | ||
certain specified persons including, but not limited to, | ||
the victim or the victim's family without the prior written | ||
approval of an agent of the Department of Corrections; | ||
(9) refrain from all contact, directly or
indirectly, | ||
personally, by telephone, letter, or through a third party, | ||
with minor children without prior identification and | ||
approval of an agent of the Department of Corrections; | ||
(10) neither possess or have under his or her
control | ||
any material that is sexually oriented, sexually | ||
stimulating, or that shows male or female sex organs or any | ||
pictures depicting children under 18 years of age nude or |
any written or audio material describing sexual | ||
intercourse or that depicts or alludes to sexual activity, | ||
including but not limited to visual, auditory, telephonic, | ||
or electronic media, or any matter obtained through access | ||
to any computer or material linked to computer access use; | ||
(11) not patronize any business providing
sexually | ||
stimulating or sexually oriented entertainment nor utilize | ||
"900" or adult telephone numbers; | ||
(12) not reside near, visit, or be in or about
parks, | ||
schools, day care centers, swimming pools, beaches, | ||
theaters, or any other places where minor children | ||
congregate without advance approval of an agent of the | ||
Department of Corrections and immediately report any | ||
incidental contact with minor children to the Department; | ||
(13) not possess or have under his or her control
| ||
certain specified items of contraband related to the | ||
incidence of sexually offending as determined by an agent | ||
of the Department of Corrections; | ||
(14) may be required to provide a written daily log of | ||
activities
if directed by an agent of the Department of | ||
Corrections; | ||
(15) comply with all other special conditions
that the | ||
Department may impose that restrict the person from | ||
high-risk situations and limit access to potential | ||
victims. | ||
(c) The conditions under which the parole or mandatory
|
supervised release is to be served shall be communicated to
the | ||
person in writing prior to his release, and he shall
sign the | ||
same before release. A signed copy of these conditions,
| ||
including a copy of an order of protection where one had been | ||
issued by the
criminal court, shall be retained by the person | ||
and another copy forwarded to
the officer in charge of his | ||
supervision.
| ||
(d) After a hearing under Section 3-3-9, the Prisoner
| ||
Review Board may modify or enlarge the conditions of parole
or | ||
mandatory supervised release.
| ||
(e) The Department shall inform all offenders committed to
| ||
the Department of the optional services available to them
upon | ||
release and shall assist inmates in availing themselves
of such | ||
optional services upon their release on a voluntary
basis.
| ||
(Source: P.A. 93-616, eff. 1-1-04; 93-865, eff. 1-1-05; 94-159, | ||
eff. 7-11-05; 94-161, eff. 7-11-05; 94-988, eff. 1-1-07.)
| ||
(730 ILCS 5/5-4-3.2 new) | ||
Sec. 5-4-3.2. Collection and storage of Internet protocol | ||
addresses. | ||
(a) Cyber-crimes Location Database. The Attorney General | ||
is hereby authorized to establish and maintain the "Illinois | ||
Cyber-crimes Location Database" (ICLD) to collect, store, and | ||
use Internet protocol (IP) addresses for purposes of | ||
investigating and prosecuting child exploitation crimes on the | ||
Internet. |
(b) "Internet protocol address" means the string of numbers | ||
by which a location on the Internet is identified by routers or | ||
other computers connected to the Internet. | ||
(c) Collection of Internet Protocol addresses. | ||
(1) Collection upon commitment under the Sexually | ||
Dangerous Persons Act. Upon motion for a defendant's | ||
confinement under the Sexually Dangerous Persons Act for | ||
criminal charges under Section 11-6, 11-20.1, 11-20.3, or | ||
11-21 of the Criminal Code of 1961, the State's Attorney or | ||
Attorney General shall record all Internet protocol (IP) | ||
addresses which the defendant may access from his or her | ||
residence or place of employment, registered in his or her | ||
name, or otherwise has under his or her control or custody. | ||
(2) Collection upon conviction. Upon conviction for | ||
crimes under Section 11-6, 11-20.1, 11-20.3, or 11-21 of | ||
the Criminal Code of 1961, a State's Attorney shall record | ||
from defendants all Internet protocol (IP) addresses which | ||
the defendant may access from his or her residence or place | ||
of employment, registered in his or her name, or otherwise | ||
has under his or her control or custody, regardless of the | ||
sentence or disposition imposed.
| ||
(d) Storage and use of the Database. Internet protocol (IP) | ||
addresses recorded pursuant to this Section shall be submitted | ||
to the Attorney General for storage and use in the Illinois | ||
Cyber-crimes Location Database. The Attorney General and its | ||
designated agents may access the database for the purpose of |
investigation and prosecution of crimes listed in this Section. | ||
In addition, the Attorney General is authorized to share | ||
information stored in the database with the National Center for | ||
Missing and Exploited Children (NCMEC) and any federal, state, | ||
or local law enforcement agencies for the investigation or | ||
prosecution of child exploitation crimes.
| ||
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
| ||
Sec. 5-5-3. Disposition.
| ||
(a) Except as provided in Section 11-501 of the Illinois | ||
Vehicle Code, every person convicted of an offense shall be | ||
sentenced as provided
in this Section.
| ||
(b) The following options shall be appropriate | ||
dispositions, alone
or in combination, for all felonies and | ||
misdemeanors other than those
identified in subsection (c) of | ||
this Section:
| ||
(1) A period of probation.
| ||
(2) A term of periodic imprisonment.
| ||
(3) A term of conditional discharge.
| ||
(4) A term of imprisonment.
| ||
(5) An order directing the offender to clean up and | ||
repair the
damage, if the offender was convicted under | ||
paragraph (h) of Section
21-1 of the Criminal Code of 1961 | ||
(now repealed).
| ||
(6) A fine.
| ||
(7) An order directing the offender to make restitution |
to the
victim under Section 5-5-6 of this Code.
| ||
(8) A sentence of participation in a county impact | ||
incarceration
program under Section 5-8-1.2 of this Code. | ||
(9) A term of imprisonment in combination with a term | ||
of probation when the offender has been admitted into a | ||
drug court program under Section 20 of the Drug Court | ||
Treatment Act.
| ||
Neither a fine nor restitution shall be the sole | ||
disposition
for a felony and either or both may be imposed only | ||
in conjunction with
another disposition.
| ||
(c) (1) When a defendant is found guilty of first degree | ||
murder the
State may either seek a sentence of imprisonment | ||
under Section 5-8-1 of
this Code, or where appropriate seek | ||
a sentence of death under Section 9-1
of the Criminal Code | ||
of 1961.
| ||
(2) A period of probation, a term of periodic | ||
imprisonment or
conditional discharge shall not be imposed | ||
for the following offenses.
The court shall sentence the | ||
offender to not less than the minimum term
of imprisonment | ||
set forth in this Code for the following offenses, and
may | ||
order a fine or restitution or both in conjunction with | ||
such term of
imprisonment:
| ||
(A) First degree murder where the death penalty is | ||
not imposed.
| ||
(B) Attempted first degree murder.
| ||
(C) A Class X felony.
|
(D) A violation of Section 401.1 or 407 of the
| ||
Illinois Controlled Substances Act, or a violation of | ||
subdivision (c)(1) or
(c)(2) of
Section 401 of that Act | ||
which relates to more than 5 grams of a substance
| ||
containing heroin or cocaine or an analog thereof.
| ||
(E) A violation of Section 5.1 or 9 of the Cannabis | ||
Control
Act.
| ||
(F) A Class 2 or greater felony if the offender had | ||
been convicted
of a Class 2 or greater felony within 10 | ||
years of the date on which the
offender
committed the | ||
offense for which he or she is being sentenced, except | ||
as
otherwise provided in Section 40-10 of the | ||
Alcoholism and Other Drug Abuse and
Dependency Act.
| ||
(F-5) A violation of Section 24-1, 24-1.1, or | ||
24-1.6 of the Criminal Code of 1961 for which | ||
imprisonment is prescribed in those Sections.
| ||
(G) Residential burglary, except as otherwise | ||
provided in Section 40-10
of the Alcoholism and Other | ||
Drug Abuse and Dependency Act.
| ||
(H) Criminal sexual assault.
| ||
(I) Aggravated battery of a senior citizen.
| ||
(J) A forcible felony if the offense was related to | ||
the activities of an
organized gang.
| ||
Before July 1, 1994, for the purposes of this | ||
paragraph, "organized
gang" means an association of 5 | ||
or more persons, with an established hierarchy,
that |
encourages members of the association to perpetrate | ||
crimes or provides
support to the members of the | ||
association who do commit crimes.
| ||
Beginning July 1, 1994, for the purposes of this | ||
paragraph,
"organized gang" has the meaning ascribed | ||
to it in Section 10 of the Illinois
Streetgang | ||
Terrorism Omnibus Prevention Act.
| ||
(K) Vehicular hijacking.
| ||
(L) A second or subsequent conviction for the | ||
offense of hate crime
when the underlying offense upon | ||
which the hate crime is based is felony
aggravated
| ||
assault or felony mob action.
| ||
(M) A second or subsequent conviction for the | ||
offense of institutional
vandalism if the damage to the | ||
property exceeds $300.
| ||
(N) A Class 3 felony violation of paragraph (1) of | ||
subsection (a) of
Section 2 of the Firearm Owners | ||
Identification Card Act.
| ||
(O) A violation of Section 12-6.1 of the Criminal | ||
Code of 1961.
| ||
(P) A violation of paragraph (1), (2), (3), (4), | ||
(5), or (7) of
subsection (a)
of Section 11-20.1 of the | ||
Criminal Code of 1961.
| ||
(Q) A violation of Section 20-1.2 or 20-1.3 of the | ||
Criminal Code of
1961.
| ||
(R) A violation of Section 24-3A of the Criminal |
Code of
1961.
| ||
(S) (Blank).
| ||
(T) A second or subsequent violation of the | ||
Methamphetamine Control and Community Protection Act.
| ||
(U) A violation of paragraph (4) of subsection (c) | ||
of Section 11-20.3 of the Criminal Code of 1961.
| ||
(3) (Blank).
| ||
(4) A minimum term of imprisonment of not less than 10
| ||
consecutive days or 30 days of community service shall be | ||
imposed for a
violation of paragraph (c) of Section 6-303 | ||
of the Illinois Vehicle Code.
| ||
(4.1) (Blank).
| ||
(4.2) Except as provided in paragraph (4.3) of this | ||
subsection (c), a
minimum of
100 hours of community service | ||
shall be imposed for a second violation of
Section 6-303
of | ||
the Illinois Vehicle Code.
| ||
(4.3) A minimum term of imprisonment of 30 days or 300 | ||
hours of community
service, as determined by the court, | ||
shall
be imposed for a second violation of subsection (c) | ||
of Section 6-303 of the
Illinois Vehicle Code.
| ||
(4.4) Except as provided in paragraph (4.5) and | ||
paragraph (4.6) of this
subsection (c), a
minimum term of | ||
imprisonment of 30 days or 300 hours of community service, | ||
as
determined by the court, shall
be imposed
for a third or | ||
subsequent violation of Section 6-303 of the Illinois | ||
Vehicle
Code.
|
(4.5) A minimum term of imprisonment of 30 days
shall | ||
be imposed for a third violation of subsection (c) of
| ||
Section 6-303 of the Illinois Vehicle Code.
| ||
(4.6) A minimum term of imprisonment of 180 days shall | ||
be imposed for a
fourth or subsequent violation of | ||
subsection (c) of Section 6-303 of the
Illinois Vehicle | ||
Code.
| ||
(5) The court may sentence an offender convicted of a | ||
business
offense or a petty offense or a corporation or | ||
unincorporated
association convicted of any offense to:
| ||
(A) a period of conditional discharge;
| ||
(B) a fine;
| ||
(C) make restitution to the victim under Section | ||
5-5-6 of this Code.
| ||
(5.1) In addition to any penalties imposed under | ||
paragraph (5) of this
subsection (c), and except as | ||
provided in paragraph (5.2) or (5.3), a person
convicted of | ||
violating subsection (c) of Section 11-907 of the Illinois
| ||
Vehicle Code shall have his or her driver's license, | ||
permit, or privileges
suspended for at least 90 days but | ||
not more than one year, if the violation
resulted in damage | ||
to the property of another person.
| ||
(5.2) In addition to any penalties imposed under | ||
paragraph (5) of this
subsection (c), and except as | ||
provided in paragraph (5.3), a person convicted
of | ||
violating subsection (c) of Section 11-907 of the Illinois |
Vehicle Code
shall have his or her driver's license, | ||
permit, or privileges suspended for at
least 180 days but | ||
not more than 2 years, if the violation resulted in injury
| ||
to
another person.
| ||
(5.3) In addition to any penalties imposed under | ||
paragraph (5) of
this
subsection (c), a person convicted of | ||
violating subsection (c) of Section
11-907 of the Illinois | ||
Vehicle Code shall have his or her driver's license,
| ||
permit, or privileges suspended for 2 years, if the | ||
violation resulted in the
death of another person.
| ||
(5.4) In addition to any penalties imposed under | ||
paragraph (5) of this subsection (c), a person convicted of | ||
violating Section 3-707 of the Illinois Vehicle Code shall | ||
have his or her driver's license, permit, or privileges | ||
suspended for 3 months and until he or she has paid a | ||
reinstatement fee of $100. | ||
(5.5) In addition to any penalties imposed under | ||
paragraph (5) of this subsection (c), a person convicted of | ||
violating Section 3-707 of the Illinois Vehicle Code during | ||
a period in which his or her driver's license, permit, or | ||
privileges were suspended for a previous violation of that | ||
Section shall have his or her driver's license, permit, or | ||
privileges suspended for an additional 6 months after the | ||
expiration of the original 3-month suspension and until he | ||
or she has paid a reinstatement fee of $100.
| ||
(6) In no case shall an offender be eligible for a |
disposition of
probation or conditional discharge for a | ||
Class 1 felony committed while
he was serving a term of | ||
probation or conditional discharge for a felony.
| ||
(7) When a defendant is adjudged a habitual criminal | ||
under Article
33B of the Criminal Code of 1961, the court | ||
shall sentence
the defendant to a term of natural life | ||
imprisonment.
| ||
(8) When a defendant, over the age of 21 years, is | ||
convicted of a
Class 1 or Class 2 felony, after having | ||
twice been convicted
in any state or
federal court of an | ||
offense that contains the same elements as an offense now
| ||
classified in Illinois as a Class 2 or greater Class felony
| ||
and such charges are
separately brought and tried and arise | ||
out of different series of acts,
such defendant shall be | ||
sentenced as a Class X offender. This paragraph
shall not | ||
apply unless (1) the first felony was committed after the
| ||
effective date of this amendatory Act of 1977; and (2) the | ||
second felony
was committed after conviction on the first; | ||
and (3) the third felony
was committed after conviction on | ||
the second.
A person sentenced as a Class X offender under | ||
this paragraph is not
eligible to apply for treatment as a | ||
condition of probation as provided by
Section 40-10 of the | ||
Alcoholism and Other Drug Abuse and Dependency Act.
| ||
(9) A defendant convicted of a second or subsequent | ||
offense of ritualized
abuse of a child may be sentenced to | ||
a term of natural life imprisonment.
|
(10) (Blank).
| ||
(11) The court shall impose a minimum fine of $1,000 | ||
for a first offense
and $2,000 for a second or subsequent | ||
offense upon a person convicted of or
placed on supervision | ||
for battery when the individual harmed was a sports
| ||
official or coach at any level of competition and the act | ||
causing harm to the
sports
official or coach occurred | ||
within an athletic facility or within the immediate | ||
vicinity
of the athletic facility at which the sports | ||
official or coach was an active
participant
of the athletic | ||
contest held at the athletic facility. For the purposes of
| ||
this paragraph (11), "sports official" means a person at an | ||
athletic contest
who enforces the rules of the contest, | ||
such as an umpire or referee; "athletic facility" means an | ||
indoor or outdoor playing field or recreational area where | ||
sports activities are conducted;
and "coach" means a person | ||
recognized as a coach by the sanctioning
authority that | ||
conducted the sporting event. | ||
(12) A person may not receive a disposition of court | ||
supervision for a
violation of Section 5-16 of the Boat | ||
Registration and Safety Act if that
person has previously | ||
received a disposition of court supervision for a
violation | ||
of that Section.
| ||
(d) In any case in which a sentence originally imposed is | ||
vacated,
the case shall be remanded to the trial court. The | ||
trial court shall
hold a hearing under Section 5-4-1 of the |
Unified Code of Corrections
which may include evidence of the | ||
defendant's life, moral character and
occupation during the | ||
time since the original sentence was passed. The
trial court | ||
shall then impose sentence upon the defendant. The trial
court | ||
may impose any sentence which could have been imposed at the
| ||
original trial subject to Section 5-5-4 of the Unified Code of | ||
Corrections.
If a sentence is vacated on appeal or on | ||
collateral attack due to the
failure of the trier of fact at | ||
trial to determine beyond a reasonable doubt
the
existence of a | ||
fact (other than a prior conviction) necessary to increase the
| ||
punishment for the offense beyond the statutory maximum | ||
otherwise applicable,
either the defendant may be re-sentenced | ||
to a term within the range otherwise
provided or, if the State | ||
files notice of its intention to again seek the
extended | ||
sentence, the defendant shall be afforded a new trial.
| ||
(e) In cases where prosecution for
aggravated criminal | ||
sexual abuse under Section 12-16 of the
Criminal Code of 1961 | ||
results in conviction of a defendant
who was a family member of | ||
the victim at the time of the commission of the
offense, the | ||
court shall consider the safety and welfare of the victim and
| ||
may impose a sentence of probation only where:
| ||
(1) the court finds (A) or (B) or both are appropriate:
| ||
(A) the defendant is willing to undergo a court | ||
approved counseling
program for a minimum duration of 2 | ||
years; or
| ||
(B) the defendant is willing to participate in a |
court approved plan
including but not limited to the | ||
defendant's:
| ||
(i) removal from the household;
| ||
(ii) restricted contact with the victim;
| ||
(iii) continued financial support of the | ||
family;
| ||
(iv) restitution for harm done to the victim; | ||
and
| ||
(v) compliance with any other measures that | ||
the court may
deem appropriate; and
| ||
(2) the court orders the defendant to pay for the | ||
victim's counseling
services, to the extent that the court | ||
finds, after considering the
defendant's income and | ||
assets, that the defendant is financially capable of
paying | ||
for such services, if the victim was under 18 years of age | ||
at the
time the offense was committed and requires | ||
counseling as a result of the
offense.
| ||
Probation may be revoked or modified pursuant to Section | ||
5-6-4; except
where the court determines at the hearing that | ||
the defendant violated a
condition of his or her probation | ||
restricting contact with the victim or
other family members or | ||
commits another offense with the victim or other
family | ||
members, the court shall revoke the defendant's probation and
| ||
impose a term of imprisonment.
| ||
For the purposes of this Section, "family member" and | ||
"victim" shall have
the meanings ascribed to them in Section |
12-12 of the Criminal Code of
1961.
| ||
(f) This Article shall not deprive a court in other | ||
proceedings to
order a forfeiture of property, to suspend or | ||
cancel a license, to
remove a person from office, or to impose | ||
any other civil penalty.
| ||
(g) Whenever a defendant is convicted of an offense under | ||
Sections
11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | ||
11-19, 11-19.1, 11-19.2,
12-13, 12-14, 12-14.1, 12-15 or 12-16 | ||
of the Criminal Code of 1961,
the defendant shall undergo | ||
medical testing to
determine whether the defendant has any | ||
sexually transmissible disease,
including a test for infection | ||
with human immunodeficiency virus (HIV) or
any other identified | ||
causative agent of acquired immunodeficiency syndrome
(AIDS). | ||
Any such medical test shall be performed only by appropriately
| ||
licensed medical practitioners and may include an analysis of | ||
any bodily
fluids as well as an examination of the defendant's | ||
person.
Except as otherwise provided by law, the results of | ||
such test shall be kept
strictly confidential by all medical | ||
personnel involved in the testing and must
be personally | ||
delivered in a sealed envelope to the judge of the court in | ||
which
the conviction was entered for the judge's inspection in | ||
camera. Acting in
accordance with the best interests of the | ||
victim and the public, the judge
shall have the discretion to | ||
determine to whom, if anyone, the results of the
testing may be | ||
revealed. The court shall notify the defendant
of the test | ||
results. The court shall
also notify the victim if requested by |
the victim, and if the victim is under
the age of 15 and if | ||
requested by the victim's parents or legal guardian, the
court | ||
shall notify the victim's parents or legal guardian of the test
| ||
results.
The court shall provide information on the | ||
availability of HIV testing
and counseling at Department of | ||
Public Health facilities to all parties to
whom the results of | ||
the testing are revealed and shall direct the State's
Attorney | ||
to provide the information to the victim when possible.
A | ||
State's Attorney may petition the court to obtain the results | ||
of any HIV test
administered under this Section, and the court | ||
shall grant the disclosure if
the State's Attorney shows it is | ||
relevant in order to prosecute a charge of
criminal | ||
transmission of HIV under Section 12-16.2 of the Criminal Code | ||
of 1961
against the defendant. The court shall order that the | ||
cost of any such test
shall be paid by the county and may be | ||
taxed as costs against the convicted
defendant.
| ||
(g-5) When an inmate is tested for an airborne communicable | ||
disease, as
determined by the Illinois Department of Public | ||
Health including but not
limited to tuberculosis, the results | ||
of the test shall be
personally delivered by the warden or his | ||
or her designee in a sealed envelope
to the judge of the court | ||
in which the inmate must appear for the judge's
inspection in | ||
camera if requested by the judge. Acting in accordance with the
| ||
best interests of those in the courtroom, the judge shall have | ||
the discretion
to determine what if any precautions need to be | ||
taken to prevent transmission
of the disease in the courtroom.
|
(h) Whenever a defendant is convicted of an offense under | ||
Section 1 or 2
of the Hypodermic Syringes and Needles Act, the | ||
defendant shall undergo
medical testing to determine whether | ||
the defendant has been exposed to human
immunodeficiency virus | ||
(HIV) or any other identified causative agent of
acquired | ||
immunodeficiency syndrome (AIDS). Except as otherwise provided | ||
by
law, the results of such test shall be kept strictly | ||
confidential by all
medical personnel involved in the testing | ||
and must be personally delivered in a
sealed envelope to the | ||
judge of the court in which the conviction was entered
for the | ||
judge's inspection in camera. Acting in accordance with the | ||
best
interests of the public, the judge shall have the | ||
discretion to determine to
whom, if anyone, the results of the | ||
testing may be revealed. The court shall
notify the defendant | ||
of a positive test showing an infection with the human
| ||
immunodeficiency virus (HIV). The court shall provide | ||
information on the
availability of HIV testing and counseling | ||
at Department of Public Health
facilities to all parties to | ||
whom the results of the testing are revealed and
shall direct | ||
the State's Attorney to provide the information to the victim | ||
when
possible. A State's Attorney may petition the court to | ||
obtain the results of
any HIV test administered under this | ||
Section, and the court shall grant the
disclosure if the | ||
State's Attorney shows it is relevant in order to prosecute a
| ||
charge of criminal transmission of HIV under Section 12-16.2 of | ||
the Criminal
Code of 1961 against the defendant. The court |
shall order that the cost of any
such test shall be paid by the | ||
county and may be taxed as costs against the
convicted | ||
defendant.
| ||
(i) All fines and penalties imposed under this Section for | ||
any violation
of Chapters 3, 4, 6, and 11 of the Illinois | ||
Vehicle Code, or a similar
provision of a local ordinance, and | ||
any violation
of the Child Passenger Protection Act, or a | ||
similar provision of a local
ordinance, shall be collected and | ||
disbursed by the circuit
clerk as provided under Section 27.5 | ||
of the Clerks of Courts Act.
| ||
(j) In cases when prosecution for any violation of Section | ||
11-6, 11-8,
11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17, | ||
11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, | ||
11-21, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the
Criminal | ||
Code of 1961, any violation of the Illinois Controlled | ||
Substances Act,
any violation of the Cannabis Control Act, or | ||
any violation of the Methamphetamine Control and Community | ||
Protection Act results in conviction, a
disposition of court | ||
supervision, or an order of probation granted under
Section 10 | ||
of the Cannabis Control Act, Section 410 of the Illinois
| ||
Controlled Substance Act, or Section 70 of the Methamphetamine | ||
Control and Community Protection Act of a defendant, the court | ||
shall determine whether the
defendant is employed by a facility | ||
or center as defined under the Child Care
Act of 1969, a public | ||
or private elementary or secondary school, or otherwise
works | ||
with children under 18 years of age on a daily basis. When a |
defendant
is so employed, the court shall order the Clerk of | ||
the Court to send a copy of
the judgment of conviction or order | ||
of supervision or probation to the
defendant's employer by | ||
certified mail.
If the employer of the defendant is a school, | ||
the Clerk of the Court shall
direct the mailing of a copy of | ||
the judgment of conviction or order of
supervision or probation | ||
to the appropriate regional superintendent of schools.
The | ||
regional superintendent of schools shall notify the State Board | ||
of
Education of any notification under this subsection.
| ||
(j-5) A defendant at least 17 years of age who is convicted | ||
of a felony and
who has not been previously convicted of a | ||
misdemeanor or felony and who is
sentenced to a term of | ||
imprisonment in the Illinois Department of Corrections
shall as | ||
a condition of his or her sentence be required by the court to | ||
attend
educational courses designed to prepare the defendant | ||
for a high school diploma
and to work toward a high school | ||
diploma or to work toward passing the high
school level Test of | ||
General Educational Development (GED) or to work toward
| ||
completing a vocational training program offered by the | ||
Department of
Corrections. If a defendant fails to complete the | ||
educational training
required by his or her sentence during the | ||
term of incarceration, the Prisoner
Review Board shall, as a | ||
condition of mandatory supervised release, require the
| ||
defendant, at his or her own expense, to pursue a course of | ||
study toward a high
school diploma or passage of the GED test. | ||
The Prisoner Review Board shall
revoke the mandatory supervised |
release of a defendant who wilfully fails to
comply with this | ||
subsection (j-5) upon his or her release from confinement in a
| ||
penal institution while serving a mandatory supervised release | ||
term; however,
the inability of the defendant after making a | ||
good faith effort to obtain
financial aid or pay for the | ||
educational training shall not be deemed a wilful
failure to | ||
comply. The Prisoner Review Board shall recommit the defendant
| ||
whose mandatory supervised release term has been revoked under | ||
this subsection
(j-5) as provided in Section 3-3-9. This | ||
subsection (j-5) does not apply to a
defendant who has a high | ||
school diploma or has successfully passed the GED
test. This | ||
subsection (j-5) does not apply to a defendant who is | ||
determined by
the court to be developmentally disabled or | ||
otherwise mentally incapable of
completing the educational or | ||
vocational program.
| ||
(k) A court may not impose a sentence or disposition for a
| ||
felony or misdemeanor that requires the defendant to be | ||
implanted or injected
with or to use any form of birth control.
| ||
(l) (A) Except as provided
in paragraph (C) of subsection | ||
(l), whenever a defendant,
who is an alien as defined by | ||
the Immigration and Nationality Act, is convicted
of any | ||
felony or misdemeanor offense, the court after sentencing | ||
the defendant
may, upon motion of the State's Attorney, | ||
hold sentence in abeyance and remand
the defendant to the | ||
custody of the Attorney General of
the United States or his | ||
or her designated agent to be deported when:
|
(1) a final order of deportation has been issued | ||
against the defendant
pursuant to proceedings under | ||
the Immigration and Nationality Act, and
| ||
(2) the deportation of the defendant would not | ||
deprecate the seriousness
of the defendant's conduct | ||
and would not be inconsistent with the ends of
justice.
| ||
Otherwise, the defendant shall be sentenced as | ||
provided in this Chapter V.
| ||
(B) If the defendant has already been sentenced for a | ||
felony or
misdemeanor
offense, or has been placed on | ||
probation under Section 10 of the Cannabis
Control Act,
| ||
Section 410 of the Illinois Controlled Substances Act, or | ||
Section 70 of the Methamphetamine Control and Community | ||
Protection Act, the court
may, upon motion of the State's | ||
Attorney to suspend the
sentence imposed, commit the | ||
defendant to the custody of the Attorney General
of the | ||
United States or his or her designated agent when:
| ||
(1) a final order of deportation has been issued | ||
against the defendant
pursuant to proceedings under | ||
the Immigration and Nationality Act, and
| ||
(2) the deportation of the defendant would not | ||
deprecate the seriousness
of the defendant's conduct | ||
and would not be inconsistent with the ends of
justice.
| ||
(C) This subsection (l) does not apply to offenders who | ||
are subject to the
provisions of paragraph (2) of | ||
subsection (a) of Section 3-6-3.
|
(D) Upon motion of the State's Attorney, if a defendant | ||
sentenced under
this Section returns to the jurisdiction of | ||
the United States, the defendant
shall be recommitted to | ||
the custody of the county from which he or she was
| ||
sentenced.
Thereafter, the defendant shall be brought | ||
before the sentencing court, which
may impose any sentence | ||
that was available under Section 5-5-3 at the time of
| ||
initial sentencing. In addition, the defendant shall not be | ||
eligible for
additional good conduct credit for | ||
meritorious service as provided under
Section 3-6-6.
| ||
(m) A person convicted of criminal defacement of property | ||
under Section
21-1.3 of the Criminal Code of 1961, in which the | ||
property damage exceeds $300
and the property damaged is a | ||
school building, shall be ordered to perform
community service | ||
that may include cleanup, removal, or painting over the
| ||
defacement.
| ||
(n) The court may sentence a person convicted of a | ||
violation of Section
12-19, 12-21, or 16-1.3 of the Criminal | ||
Code of 1961 (i) to an impact
incarceration program if the | ||
person is otherwise eligible for that program
under Section | ||
5-8-1.1, (ii) to community service, or (iii) if the person is | ||
an
addict or alcoholic, as defined in the Alcoholism and Other | ||
Drug Abuse and
Dependency Act, to a substance or alcohol abuse | ||
program licensed under that
Act. | ||
(o) Whenever a person is convicted of a sex offense as | ||
defined in Section 2 of the Sex Offender Registration Act, the |
defendant's driver's license or permit shall be subject to | ||
renewal on an annual basis in accordance with the provisions of | ||
license renewal established by the Secretary of State.
| ||
(Source: P.A. 93-44, eff. 7-1-03; 93-156, eff. 1-1-04; 93-169, | ||
eff. 7-10-03; 93-301, eff. 1-1-04; 93-419, eff. 1-1-04; 93-546, | ||
eff. 1-1-04; 93-694, eff. 7-9-04; 93-782, eff. 1-1-05; 93-800, | ||
eff. 1-1-05; 93-1014, eff. 1-1-05; 94-72, eff. 1-1-06; 94-556, | ||
eff. 9-11-05; 94-993, eff. 1-1-07; 94-1035, eff. 7-1-07; | ||
revised 8-28-06.)
| ||
Section 15. The Sex Offender Registration Act is amended by | ||
changing Section 2, 3, 8-5, and 10 as follows:
| ||
(730 ILCS 150/2) (from Ch. 38, par. 222)
| ||
Sec. 2. Definitions.
| ||
(A) As used in this Article, "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.
|
For purposes of this Section, "convicted" shall have the | ||
same meaning as
"adjudicated". For the purposes of this | ||
Article, a person who is defined as a sex offender as a result | ||
of being adjudicated a juvenile delinquent under paragraph (5) | ||
of this subsection (A) upon attaining 17 years of age shall be | ||
considered as having committed the sex offense on or after the | ||
sex offender's 17th birthday. Registration of juveniles upon | ||
attaining 17 years of age shall not extend the original | ||
registration of 10 years from the date of conviction.
| ||
(B) As used in this Article, "sex offense" means:
| ||
(1) A violation of any of the following Sections of the | ||
Criminal Code of
1961:
| ||
11-20.1 (child pornography),
| ||
11-20.3 (aggravated child pornography),
| ||
11-6 (indecent solicitation of a child),
| ||
11-9.1 (sexual exploitation of a child),
| ||
11-9.2 (custodial sexual misconduct),
| ||
11-9.5 (sexual misconduct with a person with a | ||
disability),
| ||
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 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, the offense was sexually motivated as defined in | ||
Section 10 of the Sex Offender Management Board Act, 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).
| ||
(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 and the defendant was at least
17 years of | ||
age at the time of the commission of the offense, provided | ||
the offense was sexually motivated as defined in Section 10 | ||
of the Sex Offender Management Board Act.
| ||
(1.7) (Blank).
| ||
(1.8) A violation or attempted violation of Section | ||
11-11 (sexual
relations within families) of the Criminal |
Code of 1961, 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, 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, | ||
provided the offense was sexually motivated as defined in | ||
Section 10 of the Sex Offender Management Board Act.
| ||
(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:
| ||
10-4 (forcible detention, if the victim is under 18 | ||
years of age), provided the offense was sexually | ||
motivated as defined in Section 10 of the Sex Offender | ||
Management Board Act,
| ||
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 August 22, 2002:
| ||
11-9 (public indecency for a third or subsequent | ||
conviction).
| ||
(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 August 22, 2002.
| ||
(2) A violation of any former law of this State | ||
substantially equivalent
to any offense listed in | ||
subsection (B) 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 (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, 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. This subsection | ||
(C-5) applies to a person who committed the offense before June | ||
1, 1996 only if the person is incarcerated in an Illinois | ||
Department of Corrections facility on August 20, 2004 (the | ||
effective date of Public Act 93-977).
| ||
(D) As used in this Article, "law enforcement agency having | ||
jurisdiction"
means the Chief of Police in each of the | ||
municipalities 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.
| ||
(D-1) As used in this Article, "supervising officer" means | ||
the assigned Illinois Department of Corrections parole agent or | ||
county probation officer. |
(E) As used in this Article, "sexual predator" means any | ||
person who,
after July 1, 1999, 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 the conviction | ||
occurred after July
1, 1999:
| ||
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),
| ||
11-20.3 (aggravated child pornography),
| ||
12-13 (criminal sexual assault),
| ||
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) (blank); 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. For purposes of this paragraph
(5), | ||
"convicted" shall include 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 days
or for an aggregate period of | ||
time of 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.
| ||
(H) As used in this Article, "school" means any public or | ||
private educational institution, including, but not limited | ||
to, any elementary or secondary school, trade or professional | ||
institution, or institution of higher education. | ||
(I) As used in this Article, "fixed residence" means any | ||
and all places that a sex offender resides for an aggregate | ||
period of time of 5 or more days in a calendar year.
| ||
(J) As used in this Article, "Internet protocol address" | ||
means the string of numbers by which a location on the Internet | ||
is identified by routers or other computers connected to the | ||
Internet.
| ||
(Source: P.A. 93-977, eff. 8-20-04; 93-979, eff. 8-20-04; | ||
94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-945, eff. 6-27-06; | ||
94-1053, eff. 7-24-06; revised 8-3-06.)
| ||
(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 (c), register in person
and provide | ||
accurate information as required by the Department of State
| ||
Police. Such information shall include a current photograph,
| ||
current address,
current place of employment, the employer's | ||
telephone number, school attended, extensions of the time | ||
period for registering as provided in this Article and, if an |
extension was granted, the reason why the extension was granted | ||
and the date the sex offender was notified of the extension. | ||
The information shall also include the county of conviction, | ||
license plate numbers for every vehicle registered in the name | ||
of the sex offender, the age of the sex offender at the time of | ||
the commission of the offense, the age of the victim at the | ||
time of the commission of the offense, and any distinguishing | ||
marks located on the body of the sex offender. A sex offender | ||
convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the | ||
Criminal Code of 1961 shall provide all Internet protocol (IP) | ||
addresses in his or her residence, registered in his or her | ||
name, accessible at his or her place of employment, or | ||
otherwise under his or her control or custody. A person who has | ||
been adjudicated a juvenile delinquent for an act which, if | ||
committed by an adult, would be a sex offense shall register as | ||
an adult sex offender within 10 days after attaining 17 years | ||
of age. The sex offender or
sexual predator shall register:
| ||
(1) with the chief of police in the municipality in | ||
which he or she
resides or is temporarily domiciled for a | ||
period of time of 5 or more
days, unless the
municipality | ||
is the City of Chicago, in which case he or she shall | ||
register
at the Chicago Police Department Headquarters; or
| ||
(2) with the sheriff in the county in which
he or she | ||
resides or is
temporarily domiciled
for a period of time of | ||
5 or more days in an unincorporated
area or, if | ||
incorporated, no police chief exists.
|
If the sex offender or sexual predator is employed at or | ||
attends an institution of higher education, he or she shall | ||
register:
| ||
(i) with the chief of police in the municipality in | ||
which he or she is employed at or attends an institution of | ||
higher education, unless the municipality is the City of | ||
Chicago, in which case he or she shall register at the | ||
Chicago Police Department Headquarters; or | ||
(ii) with the sheriff in the county in which he or she | ||
is employed or attends an institution of higher education | ||
located in an unincorporated area, or if incorporated, no | ||
police chief exists.
| ||
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 5 or | ||
more days during any calendar year.
Any person required to | ||
register under this Article who lacks a fixed address or | ||
temporary domicile must notify, in person, the agency of | ||
jurisdiction of his or her last known address within 5 days | ||
after ceasing to have a fixed residence.
| ||
Any person who lacks a fixed residence must report weekly, | ||
in person, with the sheriff's office of the county in which he | ||
or she is located in an unincorporated area, or with the chief | ||
of police in the municipality in which he or she is located. | ||
The agency of jurisdiction will document each weekly | ||
registration to include all the locations where the person has |
stayed during the past 7 days.
| ||
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 out-of-state student or out-of-state employee | ||
shall,
within 5 days after beginning school or employment in | ||
this State,
register in person and provide accurate information | ||
as required by the
Department of State Police. Such information | ||
will include current place of
employment, school attended, and | ||
address in state of residence. A sex offender convicted under | ||
Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code | ||
of 1961 shall provide all Internet protocol (IP) addresses in | ||
his or her residence, registered in his or her name, accessible | ||
at his or her place of employment, or otherwise under his or | ||
her control or custody. The out-of-state student or | ||
out-of-state employee shall register:
| ||
(1) with the chief of police in the municipality in | ||
which he or she attends school or is employed for a period | ||
of time of 5
or more days or for an
aggregate period of | ||
time of more than 30 days during any
calendar year, unless | ||
the
municipality is the City of Chicago, in which case he | ||
or she shall register at
the Chicago Police Department | ||
Headquarters; or
| ||
(2) with the sheriff in the county in which
he or she | ||
attends school or is
employed for a period of time of 5 or |
more days or
for an aggregate period of
time of more than | ||
30 days during any calendar year in an
unincorporated area
| ||
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-10) Any law enforcement agency registering sex | ||
offenders or sexual predators in accordance with subsections | ||
(a) or (a-5) of this Section shall forward to the Attorney | ||
General a copy of sex offender registration forms from persons | ||
convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the | ||
Criminal Code of 1961, including periodic and annual | ||
registrations under Section 6 of this Act.
| ||
(b) Any sex offender, as defined in Section 2 of this Act, | ||
or sexual
predator, regardless of any initial,
prior, or other | ||
registration, shall, within 5 days of beginning school,
or | ||
establishing a
residence, place of employment, or temporary | ||
domicile in
any county, register in person as set forth in | ||
subsection (a)
or (a-5).
| ||
(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 5 | ||
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 5 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 confined, | ||
institutionalized,
or imprisoned in Illinois on or after | ||
January 1, 1996, shall register in person
within 5 days of |
discharge, parole or release.
| ||
(5) The person shall provide positive identification | ||
and documentation
that substantiates proof of residence at | ||
the registering address.
| ||
(6) The person shall pay a $20
initial registration fee | ||
and
a $10
annual
renewal fee. The fees shall be used by the | ||
registering agency for official
purposes. The agency shall | ||
establish procedures to document receipt and use
of the | ||
funds.
The law enforcement agency having jurisdiction may | ||
waive the registration fee
if it determines that the person | ||
is indigent and unable to pay the registration
fee.
Ten | ||
dollars for the initial registration fee and $5 of the | ||
annual renewal fee
shall be used by the registering agency | ||
for official purposes. Ten dollars of
the initial | ||
registration fee and $5 of the annual fee shall be | ||
deposited into
the Sex Offender Management Board Fund under | ||
Section 19 of the Sex Offender
Management Board Act. Money | ||
deposited into the Sex Offender Management Board
Fund shall | ||
be administered by the Sex Offender Management Board and | ||
shall be
used to
fund practices endorsed or required by the | ||
Sex Offender Management Board Act
including but not limited | ||
to sex offenders evaluation, treatment, or
monitoring | ||
programs that are or may be developed, as well as for
| ||
administrative costs, including staff, incurred by the | ||
Board.
| ||
(d) Within 5 days after obtaining or changing employment |
and, if employed
on January 1, 2000, within 5 days after that | ||
date, a person required to
register under this Section must | ||
report, in person to the law
enforcement agency having | ||
jurisdiction, the business name and address where he
or she is | ||
employed. If the person has multiple businesses or work | ||
locations,
every business and work location must be reported to | ||
the law enforcement agency
having jurisdiction.
| ||
(Source: P.A. 93-616, eff. 1-1-04; 93-979, eff. 8-20-04; | ||
94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-994, eff. 1-1-07.)
| ||
(730 ILCS 150/8-5)
| ||
Sec. 8-5. Verification requirements. | ||
(a) Address verification. 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 year. The verification must | ||
be documented in
LEADS in the form and manner required by the | ||
Department of State Police. | ||
(a-5) Internet Protocol address verification. The agency | ||
having jurisdiction may verify the Internet protocol (IP) | ||
address of sex offenders, as defined in Section 2 of this Act, | ||
who are required to register with their agency under Section 3 | ||
of this Act. A copy of any such verification must be sent to | ||
the Attorney General for entrance in the Illinois Cyber-crimes | ||
Location Database pursuant to Section 5-4-3.2 of the Unified | ||
Code of Corrections.
|
(b) Registration verification. The supervising officer | ||
shall, within 15 days of sentencing to probation or release | ||
from an Illinois Department of Corrections facility, contact | ||
the law enforcement agency in the jurisdiction in which the sex | ||
offender or sexual predator designated as his or her intended | ||
residence and verify compliance with the requirements of this | ||
Act. Revocation proceedings shall be immediately commenced | ||
against a sex offender or sexual predator on probation, parole, | ||
or mandatory supervised release who fails to comply with the | ||
requirements of this Act.
| ||
(c) In an effort to ensure that sexual predators and sex | ||
offenders who fail to respond to address-verification attempts | ||
or who otherwise abscond from registration are located in a | ||
timely manner, the Department of State Police shall share | ||
information with local law enforcement agencies. The | ||
Department shall use analytical resources to assist local law | ||
enforcement agencies to determine the potential whereabouts of | ||
any sexual predator or sex offender who fails to respond to | ||
address-verification
attempts or who otherwise absconds from | ||
registration. The Department shall review and analyze all | ||
available information concerning any such predator or offender | ||
who fails to respond to address-verification attempts or who | ||
otherwise absconds from registration and provide the | ||
information to local law enforcement agencies in order to | ||
assist the agencies in locating and apprehending the sexual | ||
predator or sex offender.
|
(Source: P.A. 93-979, eff. 8-20-04; 94-988, eff. 1-1-07.)
| ||
(730 ILCS 150/10) (from Ch. 38, par. 230)
| ||
Sec. 10. Penalty.
| ||
(a) 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 3
felony.
Any person who | ||
is convicted for a violation of this Act for a second or | ||
subsequent time is guilty of a Class 2 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 arrested and
tried in any Illinois county where | ||
the sex
offender can be located. The local police department or | ||
sheriff's office is not required to determine whether the | ||
person is living within its jurisdiction.
|
(b) Any person, not covered by privilege under Part 8 of | ||
Article VIII of the Code of Civil Procedure or the Illinois | ||
Supreme Court's Rules of Professional Conduct, who has reason | ||
to believe that a sexual predator is not complying, or has not | ||
complied, with the requirements of this Article and who, with | ||
the intent to assist the sexual predator in eluding a law | ||
enforcement agency that is seeking to find the sexual predator | ||
to question the sexual predator about, or to arrest the sexual | ||
predator for, his or her noncompliance with the requirements of | ||
this Article is guilty of a Class 3 felony if he or she: | ||
(1) provides false information to the law enforcement | ||
agency having jurisdiction about the sexual predator's | ||
noncompliance with the requirements of this Article, and, | ||
if known, the whereabouts of the sexual predator; | ||
(2) harbors, or attempts to harbor, or assists another | ||
person in harboring or attempting to harbor, the sexual | ||
predator; or | ||
(3) conceals or attempts to conceal, or assists another | ||
person in concealing or attempting to conceal, the sexual | ||
predator. | ||
(c) Subsection (b) does not apply if the sexual predator is | ||
incarcerated in or is in the custody of a State correctional | ||
facility, a private correctional facility, a county or | ||
municipal jail, a State mental health facility or a State | ||
treatment and detention facility, or a federal correctional | ||
facility.
|
(d) Subsections (a) and (b) do not apply if the sex | ||
offender accurately registered his or her Internet protocol | ||
address under this Act, and the address subsequently changed | ||
without his or her knowledge or intent.
| ||
(Source: P.A. 93-979, eff. 8-20-04; 94-168, eff. 1-1-06; | ||
94-988, eff. 1-1-07.)
| ||
Section 99. Effective date. This Section and Section | ||
5-4-3.2 of the Unified Code of Corrections take effect upon | ||
becoming law. |