093_HB3117eng HB3117 Engrossed LRB093 06931 RLC 07077 b 1 AN ACT in relation to sex offenders. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Sex Offender Registration Act is amended 5 by changing Sections 3 and 6 as follows: 6 (730 ILCS 150/3) (from Ch. 38, par. 223) 7 Sec. 3. Duty to register. 8 (a) A sex offender, as defined in Section 2 of this Act, 9 or sexual predator shall, within the time period prescribed 10 in subsections (b) and (c), register in person and provide 11 accurate information as required by the Department of State 12 Police. Such information shall include current address, 13 current place of employment, and school attended. If the sex 14 offender or sexual predator has an account with an Internet 15 service provider, the name of the Internet service provider, 16 the e-mail address of the sex offender, and the screen names 17 used by the sex offender must be submitted to the Department 18 of State Police. If the sex offender has more than one 19 account with one or more Internet service providers, 20 information on each account must be submitted to the 21 Department of State Police. The sex offender or sexual 22 predator shall register: 23 (1) with the chief of police in each of the 24 municipalities in which he or she attends school, is 25 employed, resides or is temporarily domiciled for a 26 period of time of 10 or more days, unless the 27 municipality is the City of Chicago, in which case he or 28 she shall register at the Chicago Police Department 29 Headquarters; or 30 (2) with the sheriff in each of the counties in 31 which he or she attends school, is employed, resides or HB3117 Engrossed -2- LRB093 06931 RLC 07077 b 1 is temporarily domiciled in an unincorporated area or, if 2 incorporated, no police chief exists. 3 For purposes of this Article, the place of residence or 4 temporary domicile is defined as any and all places where the 5 sex offender resides for an aggregate period of time of 10 or 6 more days during any calendar year. 7 The sex offender or sexual predator shall provide 8 accurate information as required by the Department of State 9 Police. That information shall include the sex offender's or 10 sexual predator's current place of employment. 11 (a-5) An out-of-state student or out-of-state employee 12 shall, within 10 days after beginning school or employment in 13 this State, register in person and provide accurate 14 information as required by the Department of State Police. 15 Such information will include current place of employment, 16 school attended, and address in state of residence: 17 (1) with the chief of police in each of the 18 municipalities in which he or she attends school or is 19 employed for a period of time of 10 or more days or for 20 an aggregate period of time of more than 30 days during 21 any calendar year, unless the municipality is the City of 22 Chicago, in which case he or she shall register at the 23 Chicago Police Department Headquarters; or 24 (2) with the sheriff in each of the counties in 25 which he or she attends school or is employed for a 26 period of time of 10 or more days or for an aggregate 27 period of time of more than 30 days during any calendar 28 year in an unincorporated area or, if incorporated, no 29 police chief exists. 30 The out-of-state student or out-of-state employee shall 31 provide accurate information as required by the Department of 32 State Police. That information shall include the 33 out-of-state student's current place of school attendance or 34 the out-of-state employee's current place of employment. HB3117 Engrossed -3- LRB093 06931 RLC 07077 b 1 (b) Any sex offender, as defined in Section 2 of this 2 Act, or sexual predator, regardless of any initial, prior, or 3 other registration, shall, within 10 days of beginning 4 school, or establishing a residence, place of employment, or 5 temporary domicile in any county, register in person as set 6 forth in subsection (a) or (a-5). 7 (c) The registration for any person required to register 8 under this Article shall be as follows: 9 (1) Any person registered under the Habitual Child 10 Sex Offender Registration Act or the Child Sex Offender 11 Registration Act prior to January 1, 1996, shall be 12 deemed initially registered as of January 1, 1996; 13 however, this shall not be construed to extend the 14 duration of registration set forth in Section 7. 15 (2) Except as provided in subsection (c)(4), any 16 person convicted or adjudicated prior to January 1, 1996, 17 whose liability for registration under Section 7 has not 18 expired, shall register in person prior to January 31, 19 1996. 20 (2.5) Except as provided in subsection (c)(4), any 21 person who has not been notified of his or her 22 responsibility to register shall be notified by a 23 criminal justice entity of his or her responsibility to 24 register. Upon notification the person must then 25 register within 10 days of notification of his or her 26 requirement to register. If notification is not made 27 within the offender's 10 year registration requirement, 28 and the Department of State Police determines no evidence 29 exists or indicates the offender attempted to avoid 30 registration, the offender will no longer be required to 31 register under this Act. 32 (3) Except as provided in subsection (c)(4), any 33 person convicted on or after January 1, 1996, shall 34 register in person within 10 days after the entry of the HB3117 Engrossed -4- LRB093 06931 RLC 07077 b 1 sentencing order based upon his or her conviction. 2 (4) Any person unable to comply with the 3 registration requirements of this Article because he or 4 she is confined, institutionalized, or imprisoned in 5 Illinois on or after January 1, 1996, shall register in 6 person within 10 days of discharge, parole or release. 7 (5) The person shall provide positive 8 identification and documentation that substantiates proof 9 of residence at the registering address. 10 (6) The person shall pay a $10 initial registration 11 fee and a $5 annual renewal fee. The fees shall be used 12 by the registering agency for official purposes. The 13 agency shall establish procedures to document receipt and 14 use of the funds. The law enforcement agency having 15 jurisdiction may waive the registration fee if it 16 determines that the person is indigent and unable to pay 17 the registration fee. 18 (d) Within 10 days after obtaining or changing 19 employment and, if employed on January 1, 2000, within 10 20 days after that date, a person required to register under 21 this Section must report, in person or in writing to the law 22 enforcement agency having jurisdiction, the business name and 23 address where he or she is employed. If the person has 24 multiple businesses or work locations, every business and 25 work location must be reported to the law enforcement agency 26 having jurisdiction. 27 (Source: P.A. 91-48, eff. 7-1-99; 91-394, eff. 1-1-00; 28 92-828, eff. 8-22-02.) 29 (730 ILCS 150/6) (from Ch. 38, par. 226) 30 Sec. 6. Duty to report; change of address, school,or31 employment or, Internet account information; duty to inform. 32 A person who has been adjudicated to be sexually dangerous or 33 is a sexually violent person and is later released, or found HB3117 Engrossed -5- LRB093 06931 RLC 07077 b 1 to be no longer sexually dangerous or no longer a sexually 2 violent person and discharged, shall report in person to the 3 law enforcement agency with whom he or she last registered no 4 later than 90 days after the date of his or her last 5 registration and every 90 days thereafter. Any other person 6 who is required to register under this Article shall report 7 in person to the appropriate law enforcement agency with whom 8 he or she last registered within one year from the date of 9 last registration and every year thereafter. If any person 10 required to register under this Article changes his or her 11 residence address, place of employment,orschool, or 12 Internet account, including e-mail addresses and screen 13 names, he or she shall, in writing, within 10 days inform the 14 law enforcement agency with whom he or she last registered of 15 his or her new address, change in employment,orschool or 16 Internet account, including e-mail addresses and screen 17 names, and register with the appropriate law enforcement 18 agency within the time period specified in Section 3. The 19 law enforcement agency shall, within 3 days of receipt, 20 notify the Department of State Police and the law enforcement 21 agency having jurisdiction of the new place of residence, 22 change in employment,orschool or Internet account. 23 If any person required to register under this Article 24 establishes a residence or employment outside of the State of 25 Illinois, within 10 days after establishing that residence or 26 employment, he or she shall, in writing, inform the law 27 enforcement agency with which he or she last registered of 28 his or her out-of-state residence or employment. The law 29 enforcement agency with which such person last registered 30 shall, within 3 days notice of an address or employment 31 change, notify the Department of State Police. The 32 Department of State Police shall forward such information to 33 the out-of-state law enforcement agency having jurisdiction 34 in the form and manner prescribed by the Department of State HB3117 Engrossed -6- LRB093 06931 RLC 07077 b 1 Police. 2 (Source: P.A. 91-48, eff. 7-1-99; 91-394, eff. 1-1-00; 92-16, 3 eff. 6-28-01; 92-828, eff. 8-22-02.) 4 Section 10. The Sex Offender and Child Murderer 5 Community Notification Law is amended by changing Section 115 6 as follows: 7 (730 ILCS 152/115) 8 Sec. 115. Sex offender database. 9 (a) The Department of State Police shall establish and 10 maintain a Statewide Sex Offender Database for the purpose of 11 identifying sex offenders and making that information 12 available to the persons specified in Sections 120 and 125 of 13 this Law. The Database shall be created from the Law 14 Enforcement Agencies Data System (LEADS) established under 15 Section 6 of the Intergovernmental Missing Child Recovery Act 16 of 1984. The Department of State Police shall examine its 17 LEADS database for persons registered as sex offenders under 18 the Sex Offender Registration Act and shall identify those 19 who are sex offenders and shall add all the information, 20 including photographs if available, on those sex offenders to 21 the Statewide Sex Offender Database. 22 (b) The Department of State Police must make the 23 information contained in the Statewide Sex Offender Database, 24 including the sex offender's Internet account information, 25 accessible on the Internet by means of a hyperlink labeled 26 "Sex Offender Information" on the Department's World Wide Web 27 home page. The Department of State Police must update that 28 information as it deems necessary. 29 The Department of State Police may require that a person 30 who seeks access to the sex offender information submit 31 biographical information about himself or herself before 32 permitting access to the sex offender information. The HB3117 Engrossed -7- LRB093 06931 RLC 07077 b 1 Department of State Police may limit access to the sex 2 offender information to information about sex offenders who 3 reside within a specified geographic area in proximity to the 4 address of the person seeking that information. The 5 Department of State Police must promulgate rules in 6 accordance with the Illinois Administrative Procedure Act to 7 implement this subsection (b) and those rules must include 8 procedures to ensure that the information in the database is 9 accurate. 10 (Source: P.A. 90-193, eff. 7-24-97; 91-224, eff. 7-1-00.)