Public Act 096-1094
 
HB6464 EnrolledLRB096 21096 RLC 36946 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 1961 is amended by adding
Section 12-21.6-5 as follows:
 
    (720 ILCS 5/12-21.6-5 new)
    Sec. 12-21.6-5. Parent or guardian leaving custody or
control of child with child sex offender.
    (a) For the purposes of this Section, "minor" means a
person under 18 years of age; and "child sex offender" means a
sex offender who is required to register under the Sex Offender
Registration Act and is a child sex offender as defined in
Sections 11-9.3 and 11-9.4 of this Code.
    (b) It is unlawful for a parent or guardian of a minor to
knowingly leave that minor in the custody or control of a child
sex offender, or allow the child sex offender unsupervised
access to the minor.
    (c) This Section does not apply to leaving the minor in the
custody or control of, or allowing unsupervised access to the
minor by:
        (1) a child sex offender who is the parent of the
    minor;
        (2) a person convicted of a violation of subsection (c)
    of Section 12-15 of this Code; or
        (3) a child sex offender who is married to and living
    in the same household with the parent or guardian of the
    minor.
    This subsection (c) shall not be construed to allow a child
sex offender to knowingly reside within 500 feet of the minor
victim of the sex offense if prohibited by subsection (b-6) of
Section 11-9.4 of this Code.
    (d) Sentence. A person who violates this Section is guilty
of a Class A misdemeanor.
    (e) Nothing in this Section shall prohibit the filing of a
petition or the instituting of any proceeding under Article II
of the Juvenile Court Act of 1987 relating to abused minors.
 
    Section 10. The Sex Offender Registration Act is amended by
changing Sections 3 and 6 as follows:
 
    (730 ILCS 150/3)
    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, all e-mail addresses,
instant messaging identities, chat room identities, and other
Internet communications identities that the sex offender uses
or plans to use, all Uniform Resource Locators (URLs)
registered or used by the sex offender, all blogs and other
Internet sites maintained by the sex offender or to which the
sex offender has uploaded any content or posted any messages or
information, 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. If the sex offender is a child sex
offender as defined in Section 11-9.3 or 11-9.4 of the Criminal
Code of 1961, the sex offender shall report to the registering
agency whether he or she is living in a household with a child
under 18 years of age who is not his or her own child, provided
that his or her own child is not the victim of the sex offense.
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 3 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 3 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 3 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 3
    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 3 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 3 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 3 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. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-994,
eff. 1-1-07; 95-229, eff. 8-16-07; 95-579, eff. 6-1-08; 95-640,
eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. 8-21-08.)
 
    (730 ILCS 150/6)  (from Ch. 38, par. 226)
    Sec. 6. Duty to report; change of address, school, or
employment; duty to inform. A person who has been adjudicated
to be sexually dangerous or is a sexually violent person and is
later released, or found to be no longer sexually dangerous or
no longer a sexually violent person and discharged, or
convicted of a violation of this Act after July 1, 2005, shall
report in person to the law enforcement agency with whom he or
she last registered no later than 90 days after the date of his
or her last registration and every 90 days thereafter and at
such other times at the request of the law enforcement agency
not to exceed 4 times a year. Such sexually dangerous or
sexually violent person must report all new or changed e-mail
addresses, all new or changed instant messaging identities, all
new or changed chat room identities, and all other new or
changed Internet communications identities that the sexually
dangerous or sexually violent person uses or plans to use, all
new or changed Uniform Resource Locators (URLs) registered or
used by the sexually dangerous or sexually violent person, and
all new or changed blogs and other Internet sites maintained by
the sexually dangerous or sexually violent person or to which
the sexually dangerous or sexually violent person has uploaded
any content or posted any messages or information. Any person
who lacks a fixed residence must report weekly, in person, to
the appropriate law enforcement agency where the sex offender
is located. Any other person who is required to register under
this Article shall report in person to the appropriate law
enforcement agency with whom he or she last registered within
one year from the date of last registration and every year
thereafter and at such other times at the request of the law
enforcement agency not to exceed 4 times a year. If any person
required to register under this Article lacks a fixed residence
or temporary domicile, he or she must notify, in person, the
agency of jurisdiction of his or her last known address within
3 days after ceasing to have a fixed residence and if the
offender leaves the last jurisdiction of residence, he or she,
must within 3 days after leaving register in person with the
new agency of jurisdiction. If any other person required to
register under this Article changes his or her residence
address, place of employment, or school, he or she shall report
in person to the law enforcement agency with whom he or she
last registered of his or her new address, change in
employment, or school, all new or changed e-mail addresses, all
new or changed instant messaging identities, all new or changed
chat room identities, and all other new or changed Internet
communications identities that the sex offender uses or plans
to use, all new or changed Uniform Resource Locators (URLs)
registered or used by the sex offender, and all new or changed
blogs and other Internet sites maintained by the sex offender
or to which the sex offender has uploaded any content or posted
any messages or information, and register, in person, with the
appropriate law enforcement agency within the time period
specified in Section 3. If the sex offender is a child sex
offender as defined in Section 11-9.3 or 11-9.4 of the Criminal
Code of 1961, the sex offender shall within 3 days after
beginning to reside in a household with a child under 18 years
of age who is not his or her own child, provided that his or her
own child is not the victim of the sex offense, report that
information to the registering law enforcement agency. The law
enforcement agency shall, within 3 days of the reporting in
person by the person required to register under this Article,
notify the Department of State Police of the new place of
residence, change in employment, or school.
    If any person required to register under this Article
intends to establish a residence or employment outside of the
State of Illinois, at least 10 days before establishing that
residence or employment, he or she shall report in person to
the law enforcement agency with which he or she last registered
of his or her out-of-state intended residence or employment.
The law enforcement agency with which such person last
registered shall, within 3 days after the reporting in person
of the person required to register under this Article of an
address or employment change, notify the Department of State
Police. The Department of State Police shall forward such
information to the out-of-state law enforcement agency having
jurisdiction in the form and manner prescribed by the
Department of State Police.
(Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-229,
eff. 8-16-07; 95-331, eff. 8-21-07; 95-640, eff. 6-1-08;
95-876, eff. 8-21-08.)