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Public Act 094-0994


 

Public Act 0994 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0994
 
SB3016 Enrolled LRB094 18938 RLC 54389 b

    AN ACT concerning sex offenders.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Sex Offender Registration Act is amended by
changing Section 3 as follows:
 
    (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 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. 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.
    (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; revised 8-19-05.)
 
    Section 10. The Sex Offender and Child Murderer Community
Notification Law is amended by changing Sections 115 and 120 as
follows:
 
    (730 ILCS 152/115)
    Sec. 115. Sex offender database.
    (a) The Department of State Police shall establish and
maintain a Statewide Sex Offender Database for the purpose of
identifying sex offenders and making that information
available to the persons specified in Sections 120 and 125 of
this Law. The Database shall be created from the Law
Enforcement Agencies Data System (LEADS) established under
Section 6 of the Intergovernmental Missing Child Recovery Act
of 1984. The Department of State Police shall examine its LEADS
database for persons registered as sex offenders under the Sex
Offender Registration Act and shall identify those who are sex
offenders and shall add all the information, including
photographs if available, on those sex offenders to the
Statewide Sex Offender Database.
    (b) The Department of State Police must make the
information contained in the Statewide Sex Offender Database
accessible on the Internet by means of a hyperlink labeled "Sex
Offender Information" on the Department's World Wide Web home
page. The Department must make the information contained in the
Statewide Sex Offender Database searchable via a mapping system
which identifies registered sex offenders living within 5 miles
of an identified address. The Department of State Police must
update that information as it deems necessary.
    The Department of State Police may require that a person
who seeks access to the sex offender information submit
biographical information about himself or herself before
permitting access to the sex offender information. The
Department of State Police must promulgate rules in accordance
with the Illinois Administrative Procedure Act to implement
this subsection (b) and those rules must include procedures to
ensure that the information in the database is accurate.
    (c) The Department of State Police, Sex Offender
Registration Unit, must develop and conduct training to educate
all those entities involved in the Sex Offender Registration
Program.
(Source: P.A. 93-979, eff. 8-20-04.)
 
    (730 ILCS 152/120)
    Sec. 120. Community notification of sex offenders.
    (a) The sheriff of the county, except Cook County, shall
disclose to the following the name, address, date of birth,
place of employment, school attended, and offense or
adjudication of all sex offenders required to register under
Section 3 of the Sex Offender Registration Act:
        (1) The boards of institutions of higher education or
    other appropriate administrative offices of each
    non-public institution of higher education located in the
    county where the sex offender is required to register,
    resides, is employed, or is attending an institution of
    higher education; and
        (2) School boards of public school districts and the
    principal or other appropriate administrative officer of
    each nonpublic school located in the county where the sex
    offender is required to register or is employed; and
        (3) Child care facilities located in the county where
    the sex offender is required to register or is employed.
    (a-2) The sheriff of Cook County shall disclose to the
following the name, address, date of birth, place of
employment, school attended, and offense or adjudication of all
sex offenders required to register under Section 3 of the Sex
Offender Registration Act:
        (1) School boards of public school districts and the
    principal or other appropriate administrative officer of
    each nonpublic school located within the region of Cook
    County, as those public school districts and nonpublic
    schools are identified in LEADS, other than the City of
    Chicago, where the sex offender is required to register or
    is employed; and
        (2) Child care facilities located within the region of
    Cook County, as those child care facilities are identified
    in LEADS, other than the City of Chicago, where the sex
    offender is required to register or is employed; and
        (3) The boards of institutions of higher education or
    other appropriate administrative offices of each
    non-public institution of higher education located in the
    county, other than the City of Chicago, where the sex
    offender is required to register, resides, is employed, or
    attending an institution of higher education.
    (a-3) The Chicago Police Department shall disclose to the
following the name, address, date of birth, place of
employment, school attended, and offense or adjudication of all
sex offenders required to register under Section 3 of the Sex
Offender Registration Act:
        (1) School boards of public school districts and the
    principal or other appropriate administrative officer of
    each nonpublic school located in the police district where
    the sex offender is required to register or is employed if
    the offender is required to register or is employed in the
    City of Chicago; and
        (2) Child care facilities located in the police
    district where the sex offender is required to register or
    is employed if the offender is required to register or is
    employed in the City of Chicago; and
        (3) The boards of institutions of higher education or
    other appropriate administrative offices of each
    non-public institution of higher education located in the
    police district where the sex offender is required to
    register, resides, is employed, or attending an
    institution of higher education in the City of Chicago.
    (a-4) The Department of State Police shall provide a list
of sex offenders required to register to the Illinois
Department of Children and Family Services.
    (b) The Department of State Police and any law enforcement
agency may disclose, in the Department's or agency's
discretion, the following information to any person likely to
encounter a sex offender, or sexual predator:
        (1) The offender's name, address, and date of birth.
        (2) The offense for which the offender was convicted.
        (3) Adjudication as a sexually dangerous person.
        (4) The offender's photograph or other such
    information that will help identify the sex offender.
        (5) Offender employment information, to protect public
    safety.
    (c) The name, address, date of birth, and offense or
adjudication, 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 for sex offenders required to
register under Section 3 of the Sex Offender Registration Act
shall be open to inspection by the public as provided in this
Section. Every municipal police department shall make
available at its headquarters the information on all sex
offenders who are required to register in the municipality
under the Sex Offender Registration Act. The sheriff shall also
make available at his or her headquarters the information on
all sex offenders who are required to register under that Act
and who live in unincorporated areas of the county. Sex
offender information must be made available for public
inspection to any person, no later than 72 hours or 3 business
days from the date of the request. The request must be made in
person, in writing, or by telephone. Availability must include
giving the inquirer access to a facility where the information
may be copied. A department or sheriff may charge a fee, but
the fee may not exceed the actual costs of copying the
information. An inquirer must be allowed to copy this
information in his or her own handwriting. A department or
sheriff must allow access to the information during normal
public working hours. The sheriff or a municipal police
department may publish the photographs of sex offenders where
any victim was 13 years of age or younger and who are required
to register in the municipality or county under the Sex
Offender Registration Act in a newspaper or magazine of general
circulation in the municipality or county or may disseminate
the photographs of those sex offenders on the Internet or on
television. The law enforcement agency may make available the
information on all sex offenders residing within any county.
    (d) The Department of State Police and any law enforcement
agency having jurisdiction may, in the Department's or agency's
discretion, place the information specified in subsection (b)
on the Internet or in other media.
    (e) (Blank).
    (f) The administrator of a transitional housing facility
for sex offenders shall comply with the notification procedures
established in paragraph (4) of subsection (b) of Section
3-17-5 of the Unified Code of Corrections.
    (g) A principal or teacher of a public or private
elementary or secondary school shall notify the parents of
children attending the school during school registration or
during parent-teacher conferences that information about sex
offenders is available to the public as provided in this Act.
(Source: P.A. 94-161, eff. 7-11-05; 94-168, eff. 1-1-06;
revised 8-19-05.)

Effective Date: 1/1/2007