Sen. Iris Y. Martinez
Filed: 1/3/2011
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 4122
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4122 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Sex Offender Registration Act is amended by | ||||||
5 | changing Sections 2, 3, 3-5, and 7 as follows:
| ||||||
6 | (730 ILCS 150/2) (from Ch. 38, par. 222)
| ||||||
7 | Sec. 2. Definitions.
| ||||||
8 | (A) As used in this Article, "sex offender" means any | ||||||
9 | person who is:
| ||||||
10 | (1) charged pursuant to Illinois law, or any | ||||||
11 | substantially similar
federal, Uniform Code of Military | ||||||
12 | Justice, sister state, or foreign country
law,
with a sex | ||||||
13 | offense set forth
in subsection (B) of this Section or the | ||||||
14 | attempt to commit an included sex
offense, and:
| ||||||
15 | (a) is convicted of such offense or an attempt to | ||||||
16 | commit such offense;
or
|
| |||||||
| |||||||
1 | (b) is found not guilty by reason of insanity of | ||||||
2 | such offense or an
attempt to commit such offense; or
| ||||||
3 | (c) is found not guilty by reason of insanity | ||||||
4 | pursuant to Section
104-25(c) of the Code of Criminal | ||||||
5 | Procedure of 1963 of such offense or an
attempt to | ||||||
6 | commit such offense; or
| ||||||
7 | (d) is the subject of a finding not resulting in an | ||||||
8 | acquittal at a
hearing conducted pursuant to Section | ||||||
9 | 104-25(a) of the Code of Criminal
Procedure of 1963 for | ||||||
10 | the alleged commission or attempted commission of such
| ||||||
11 | offense; or
| ||||||
12 | (e) is found not guilty by reason of insanity | ||||||
13 | following a hearing
conducted pursuant to a federal, | ||||||
14 | Uniform Code of Military Justice, sister
state, or | ||||||
15 | foreign country law
substantially similar to Section | ||||||
16 | 104-25(c) of the Code of Criminal Procedure
of 1963 of | ||||||
17 | such offense or of the attempted commission of such | ||||||
18 | offense; or
| ||||||
19 | (f) is the subject of a finding not resulting in an | ||||||
20 | acquittal at a
hearing conducted pursuant to a federal, | ||||||
21 | Uniform Code of Military Justice,
sister state, or | ||||||
22 | foreign country law
substantially similar to Section | ||||||
23 | 104-25(a) of the Code of Criminal Procedure
of 1963 for | ||||||
24 | the alleged violation or attempted commission of such | ||||||
25 | offense;
or
| ||||||
26 | (2) certified as a sexually dangerous person pursuant |
| |||||||
| |||||||
1 | to the Illinois
Sexually Dangerous Persons Act, or any | ||||||
2 | substantially similar federal, Uniform
Code of Military | ||||||
3 | Justice, sister
state, or foreign country law; or
| ||||||
4 | (3) subject to the provisions of Section 2 of the | ||||||
5 | Interstate
Agreements on Sexually Dangerous Persons Act; | ||||||
6 | or
| ||||||
7 | (4) found to be a sexually violent person pursuant to | ||||||
8 | the Sexually
Violent Persons Commitment Act or any | ||||||
9 | substantially similar federal, Uniform
Code of Military | ||||||
10 | Justice, sister
state, or foreign country law; or
| ||||||
11 | (5) adjudicated a juvenile delinquent as the result of | ||||||
12 | committing or
attempting to commit an act which, if | ||||||
13 | committed by an adult, would constitute
any of the offenses | ||||||
14 | specified in item (B), (C), or (C-5) of this Section or a
| ||||||
15 | violation of any substantially similar federal, Uniform | ||||||
16 | Code of Military
Justice, sister state, or foreign
country | ||||||
17 | law, or found guilty under Article V of the Juvenile Court | ||||||
18 | Act of 1987
of committing or attempting to commit an act | ||||||
19 | which, if committed by an adult,
would constitute any of | ||||||
20 | the offenses specified in item (B), (C), or (C-5) of
this | ||||||
21 | Section or a violation of any substantially similar | ||||||
22 | federal, Uniform Code
of Military Justice, sister state,
or | ||||||
23 | foreign country law.
| ||||||
24 | Convictions that result from or are connected with the same | ||||||
25 | act, or result
from offenses committed at the same time, shall | ||||||
26 | be counted for the purpose of
this Article as one conviction. |
| |||||||
| |||||||
1 | Any conviction set aside pursuant to law is
not a conviction | ||||||
2 | for purposes of this Article.
| ||||||
3 |
For purposes of this Section, "convicted" shall have the | ||||||
4 | same meaning as
"adjudicated".
| ||||||
5 | (B) As used in this Article, "sex offense" means:
| ||||||
6 | (1) A violation of any of the following Sections of the | ||||||
7 | Criminal Code of
1961:
| ||||||
8 | 11-20.1 (child pornography),
| ||||||
9 | 11-20.3 (aggravated child pornography),
| ||||||
10 | 11-6 (indecent solicitation of a child),
| ||||||
11 | 11-9.1 (sexual exploitation of a child),
| ||||||
12 | 11-9.2 (custodial sexual misconduct),
| ||||||
13 | 11-9.5 (sexual misconduct with a person with a | ||||||
14 | disability),
| ||||||
15 | 11-15.1 (soliciting for a juvenile prostitute),
| ||||||
16 | 11-18.1 (patronizing a juvenile prostitute),
| ||||||
17 | 11-17.1 (keeping a place of juvenile | ||||||
18 | prostitution),
| ||||||
19 | 11-19.1 (juvenile pimping),
| ||||||
20 | 11-19.2 (exploitation of a child),
| ||||||
21 | 11-25 (grooming), | ||||||
22 | 11-26 (traveling to meet a minor),
| ||||||
23 | 12-13 (criminal sexual assault),
| ||||||
24 | 12-14 (aggravated criminal sexual assault),
| ||||||
25 | 12-14.1 (predatory criminal sexual assault of a | ||||||
26 | child),
|
| |||||||
| |||||||
1 | 12-15 (criminal sexual abuse),
| ||||||
2 | 12-16 (aggravated criminal sexual abuse),
| ||||||
3 | 12-33 (ritualized abuse of a child).
| ||||||
4 | An attempt to commit any of these offenses.
| ||||||
5 | (1.5)
A violation of any of the following Sections of | ||||||
6 | the
Criminal Code of 1961, when the victim is a person | ||||||
7 | under 18 years of age, the
defendant is not a parent of the | ||||||
8 | victim, and the offense was sexually motivated as defined | ||||||
9 | in Section 10 of the Sex Offender Management Board Act , and | ||||||
10 | the offense was committed on or
after January 1, 1996 :
| ||||||
11 | 10-1 (kidnapping),
| ||||||
12 | 10-2 (aggravated kidnapping),
| ||||||
13 | 10-3 (unlawful restraint),
| ||||||
14 | 10-3.1 (aggravated unlawful restraint).
| ||||||
15 | (1.6)
First degree murder under Section 9-1 of the | ||||||
16 | Criminal Code of 1961,
when the victim was a person under | ||||||
17 | 18 years of age and the defendant was at least
17 years of | ||||||
18 | age at the time of the commission of the offense, provided | ||||||
19 | the offense was sexually motivated as defined in Section 10 | ||||||
20 | of the Sex Offender Management Board Act.
| ||||||
21 | (1.7) (Blank).
| ||||||
22 | (1.8) A violation or attempted violation of Section | ||||||
23 | 11-11 (sexual
relations within families) of the Criminal | ||||||
24 | Code of 1961 , and the offense was committed on or after
| ||||||
25 | June 1, 1997 .
| ||||||
26 | (1.9) Child abduction under paragraph (10) of |
| |||||||
| |||||||
1 | subsection
(b) of Section 10-5 of the Criminal Code of 1961 | ||||||
2 | committed by luring or
attempting to lure a child under the | ||||||
3 | age of 16 into a motor vehicle, building,
house trailer, or | ||||||
4 | dwelling place without the consent of the parent or lawful
| ||||||
5 | custodian of the child for other than a lawful purpose and | ||||||
6 | the offense was
committed on or after January 1, 1998 , | ||||||
7 | provided the offense was sexually motivated as defined in | ||||||
8 | Section 10 of the Sex Offender Management Board Act.
| ||||||
9 | (1.10) A violation or attempted violation of any of the | ||||||
10 | following Sections
of the Criminal Code of 1961 when the | ||||||
11 | offense was committed on or after July
1, 1999 :
| ||||||
12 | 10-4 (forcible detention, if the victim is under 18 | ||||||
13 | years of age), provided the offense was sexually | ||||||
14 | motivated as defined in Section 10 of the Sex Offender | ||||||
15 | Management Board Act,
| ||||||
16 | 11-6.5 (indecent solicitation of an adult),
| ||||||
17 | 11-15 (soliciting for a prostitute, if the victim | ||||||
18 | is under 18 years
of age),
| ||||||
19 | 11-16 (pandering, if the victim is under 18 years | ||||||
20 | of age),
| ||||||
21 | 11-18 (patronizing a prostitute, if the victim is | ||||||
22 | under 18 years
of age),
| ||||||
23 | 11-19 (pimping, if the victim is under 18 years of | ||||||
24 | age).
| ||||||
25 | (1.11) A violation or attempted violation of any of the | ||||||
26 | following
Sections of the Criminal Code of 1961 when the |
| |||||||
| |||||||
1 | offense was committed on or
after August 22, 2002 :
| ||||||
2 | 11-9 (public indecency for a third or subsequent | ||||||
3 | conviction).
| ||||||
4 | (1.12) A violation or attempted violation of Section
| ||||||
5 | 5.1 of the Wrongs to Children Act (permitting sexual abuse) | ||||||
6 | when the
offense was committed on or after August 22, 2002 .
| ||||||
7 | (2) A violation of any former law of this State | ||||||
8 | substantially equivalent
to any offense listed in | ||||||
9 | subsection (B) of this Section.
| ||||||
10 | (C) A conviction for an offense of federal law, Uniform | ||||||
11 | Code of Military
Justice, or the law of another state
or a | ||||||
12 | foreign country that is substantially equivalent to any offense | ||||||
13 | listed
in subsections (B), (C), (E), and (E-5) of this Section | ||||||
14 | shall
constitute a
conviction for the purpose
of this Article. | ||||||
15 | A finding or adjudication as a sexually dangerous person
or a | ||||||
16 | sexually violent person under any federal law, Uniform Code of | ||||||
17 | Military
Justice, or the law of another state or
foreign | ||||||
18 | country that is substantially equivalent to the Sexually | ||||||
19 | Dangerous
Persons Act or the Sexually Violent Persons | ||||||
20 | Commitment Act shall constitute an
adjudication for the | ||||||
21 | purposes of this Article.
| ||||||
22 | (C-5) A person at least 17 years of age at the time of the | ||||||
23 | commission of
the offense who is convicted of first degree | ||||||
24 | murder under Section 9-1 of the
Criminal Code of 1961, against | ||||||
25 | a person
under 18 years of age, shall be required to register
| ||||||
26 | for natural life.
A conviction for an offense of federal, |
| |||||||
| |||||||
1 | Uniform Code of Military Justice,
sister state, or foreign | ||||||
2 | country law that is substantially equivalent to any
offense | ||||||
3 | listed in subsection (C-5) of this Section shall constitute a
| ||||||
4 | conviction for the purpose of this Article. This subsection | ||||||
5 | (C-5) applies to a person who committed the offense before June | ||||||
6 | 1, 1996 only if the person is incarcerated in an Illinois | ||||||
7 | Department of Corrections facility on August 20, 2004 (the | ||||||
8 | effective date of Public Act 93-977).
| ||||||
9 | (D) As used in this Article, "law enforcement agency having | ||||||
10 | jurisdiction"
means the Chief of Police in each of the | ||||||
11 | municipalities in which the sex offender
expects to reside, | ||||||
12 | work, or attend school (1) upon his or her discharge,
parole or | ||||||
13 | release or
(2) during the service of his or her sentence of | ||||||
14 | probation or conditional
discharge, or the Sheriff of the | ||||||
15 | county, in the event no Police Chief exists
or if the offender | ||||||
16 | intends to reside, work, or attend school in an
unincorporated | ||||||
17 | area.
"Law enforcement agency having jurisdiction" includes | ||||||
18 | the location where
out-of-state students attend school and | ||||||
19 | where out-of-state employees are
employed or are otherwise | ||||||
20 | required to register.
| ||||||
21 | (D-1) As used in this Article, "supervising officer" means | ||||||
22 | the assigned Illinois Department of Corrections parole agent or | ||||||
23 | county probation officer. | ||||||
24 | (E) As used in this Article, "sexual predator" means any | ||||||
25 | person who ,
after July 1, 1999, is:
| ||||||
26 | (1) Convicted for an offense of federal, Uniform Code |
| |||||||
| |||||||
1 | of Military
Justice, sister state, or foreign country law | ||||||
2 | that is substantially equivalent
to any offense listed in | ||||||
3 | subsection (E) or (E-5) of this Section shall constitute a
| ||||||
4 | conviction for the purpose of this Article.
Convicted of a | ||||||
5 | violation or attempted violation of any of the following
| ||||||
6 | Sections of the
Criminal Code of 1961 , if the conviction | ||||||
7 | occurred after July
1, 1999 :
| ||||||
8 | 11-17.1 (keeping a place of juvenile | ||||||
9 | prostitution),
| ||||||
10 | 11-19.1 (juvenile pimping),
| ||||||
11 | 11-19.2 (exploitation of a child),
| ||||||
12 | 11-20.1 (child pornography),
| ||||||
13 | 11-20.3 (aggravated child pornography),
| ||||||
14 | 12-13 (criminal sexual assault),
| ||||||
15 | 12-14 (aggravated criminal sexual assault),
| ||||||
16 | 12-14.1 (predatory criminal sexual assault of a | ||||||
17 | child),
| ||||||
18 | 12-16 (aggravated criminal sexual abuse),
| ||||||
19 | 12-33 (ritualized abuse of a child);
| ||||||
20 | (2) (blank);
| ||||||
21 | (3) certified as a sexually dangerous person pursuant | ||||||
22 | to the Sexually
Dangerous Persons Act or any substantially | ||||||
23 | similar federal, Uniform Code of
Military Justice, sister | ||||||
24 | state, or
foreign country law;
| ||||||
25 | (4) found to be a sexually violent person pursuant to | ||||||
26 | the Sexually Violent
Persons Commitment Act or any |
| |||||||
| |||||||
1 | substantially similar federal, Uniform Code of
Military | ||||||
2 | Justice, sister state, or
foreign country law;
| ||||||
3 | (5) convicted of a second or subsequent offense which | ||||||
4 | requires
registration pursuant to this Act. The conviction | ||||||
5 | for the second or subsequent
offense must have occurred | ||||||
6 | after July 1, 1999. For purposes of this paragraph
(5), | ||||||
7 | "convicted" shall include a conviction under any
| ||||||
8 | substantially similar
Illinois, federal, Uniform Code of | ||||||
9 | Military Justice, sister state, or
foreign country law; or
| ||||||
10 | (6) convicted of a second or subsequent offense of | ||||||
11 | luring a minor under Section 10-5.1 of the Criminal Code of | ||||||
12 | 1961 ; or . | ||||||
13 | (7) required to register in another State due to a | ||||||
14 | conviction, adjudication or other action of any court | ||||||
15 | triggering an obligation to register as a sex offender, | ||||||
16 | sexual predator, or substantially similar status under the | ||||||
17 | laws of that State. | ||||||
18 | (E-5) As used in this Article, "sexual predator" also means | ||||||
19 | a person convicted of a violation or attempted violation of any | ||||||
20 | of the following
Sections of the
Criminal Code of 1961: | ||||||
21 | (1) Section 9-1 (first degree murder,
when the victim | ||||||
22 | was a person under 18 years of age and the defendant was at | ||||||
23 | least
17 years of age at the time of the commission of the | ||||||
24 | offense, provided the offense was sexually motivated as | ||||||
25 | defined in Section 10 of the Sex Offender Management Board | ||||||
26 | Act); |
| |||||||
| |||||||
1 | (2) Section 11-9.5 (sexual misconduct with a person | ||||||
2 | with a disability); | ||||||
3 | (3) when the victim is a person under 18 years of age, | ||||||
4 | the
defendant is not a parent of the victim, the offense | ||||||
5 | was sexually motivated as defined in Section 10 of the Sex | ||||||
6 | Offender Management Board Act, and the offense was | ||||||
7 | committed on or
after January 1, 1996: (A) Section 10-1 | ||||||
8 | (kidnapping), (B) Section 10-2 (aggravated kidnapping), | ||||||
9 | (C) Section 10-3 (unlawful restraint), and (D) Section | ||||||
10 | 10-3.1 (aggravated unlawful restraint); and | ||||||
11 | (4) Section 10-5(b)(10) (child abduction committed by | ||||||
12 | luring or
attempting to lure a child under the age of 16 | ||||||
13 | into a motor vehicle, building,
house trailer, or dwelling | ||||||
14 | place without the consent of the parent or lawful
custodian | ||||||
15 | of the child for other than a lawful purpose and the | ||||||
16 | offense was
committed on or after January 1, 1998, provided | ||||||
17 | the offense was sexually motivated as defined in Section 10 | ||||||
18 | of the Sex Offender Management Board Act). | ||||||
19 | (F) As used in this Article, "out-of-state student" means | ||||||
20 | any sex
offender, as defined in this Section,
or sexual | ||||||
21 | predator who is enrolled in Illinois, on a full-time or | ||||||
22 | part-time
basis, in any public or private educational | ||||||
23 | institution, including, but not
limited to, any secondary | ||||||
24 | school, trade or professional institution, or
institution of | ||||||
25 | higher learning.
| ||||||
26 | (G) As used in this Article, "out-of-state employee" means |
| |||||||
| |||||||
1 | any sex
offender, as defined in this Section,
or sexual | ||||||
2 | predator who works in Illinois, regardless of whether the | ||||||
3 | individual
receives payment for services performed, for a | ||||||
4 | period of time of 10 or more days
or for an aggregate period of | ||||||
5 | time of 30 or more days
during any calendar year.
Persons who | ||||||
6 | operate motor vehicles in the State accrue one day of | ||||||
7 | employment
time for any portion of a day spent in Illinois.
| ||||||
8 | (H) As used in this Article, "school" means any public or | ||||||
9 | private educational institution, including, but not limited | ||||||
10 | to, any elementary or secondary school, trade or professional | ||||||
11 | institution, or institution of higher education. | ||||||
12 | (I) As used in this Article, "fixed residence" means any | ||||||
13 | and all places that a sex offender resides for an aggregate | ||||||
14 | period of time of 5 or more days in a calendar year.
| ||||||
15 | (J) As used in this Article, "Internet protocol address" | ||||||
16 | means the string of numbers by which a location on the Internet | ||||||
17 | is identified by routers or other computers connected to the | ||||||
18 | Internet. | ||||||
19 | (Source: P.A. 95-331, eff. 8-21-07; 95-579, eff. 6-1-08; | ||||||
20 | 95-625, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. | ||||||
21 | 8-21-08; 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11.) | ||||||
22 | (730 ILCS 150/3) | ||||||
23 | Sec. 3. Duty to register.
| ||||||
24 | (a) A sex offender, as defined in Section 2 of this Act, or | ||||||
25 | sexual
predator shall, within the time period
prescribed in |
| |||||||
| |||||||
1 | subsections (b) and (c), register in person
and provide | ||||||
2 | accurate information as required by the Department of State
| ||||||
3 | Police. Such information shall include a current photograph,
| ||||||
4 | current address,
current place of employment, the sex | ||||||
5 | offender's or sexual predator's telephone number, including | ||||||
6 | cellular telephone number, the employer's telephone number, | ||||||
7 | school attended, all e-mail addresses, instant messaging | ||||||
8 | identities, chat room identities, and other Internet | ||||||
9 | communications identities that the sex offender uses or plans | ||||||
10 | to use, all Uniform Resource Locators (URLs) registered or used | ||||||
11 | by the sex offender, all blogs and other Internet sites | ||||||
12 | maintained by the sex offender or to which the sex offender has | ||||||
13 | uploaded any content or posted any messages or information, | ||||||
14 | extensions of the time period for registering as provided in | ||||||
15 | this Article and, if an extension was granted, the reason why | ||||||
16 | the extension was granted and the date the sex offender was | ||||||
17 | notified of the extension. The information shall also include a | ||||||
18 | copy of the terms and conditions of parole or release signed by | ||||||
19 | the sex offender and given to the sex offender by his or her | ||||||
20 | supervising officer, the county of conviction, license plate | ||||||
21 | numbers for every vehicle registered in the name of the sex | ||||||
22 | offender, the age of the sex offender at the time of the | ||||||
23 | commission of the offense, the age of the victim at the time of | ||||||
24 | the commission of the offense, and any distinguishing marks | ||||||
25 | located on the body of the sex offender. A sex offender | ||||||
26 | convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the |
| |||||||
| |||||||
1 | Criminal Code of 1961 shall provide all Internet protocol (IP) | ||||||
2 | addresses in his or her residence, registered in his or her | ||||||
3 | name, accessible at his or her place of employment, or | ||||||
4 | otherwise under his or her control or custody. If the sex | ||||||
5 | offender is a child sex offender as defined in Section 11-9.3 | ||||||
6 | or 11-9.4 of the Criminal Code of 1961, the sex offender shall | ||||||
7 | report to the registering agency whether he or she is living in | ||||||
8 | a household with a child under 18 years of age who is not his or | ||||||
9 | her own child, provided that his or her own child is not the | ||||||
10 | victim of the sex offense. The sex offender or
sexual predator | ||||||
11 | shall register:
| ||||||
12 | (1) with the chief of police in the municipality in | ||||||
13 | which he or she
resides or is temporarily domiciled for a | ||||||
14 | period of time of 3 or more
days, unless the
municipality | ||||||
15 | is the City of Chicago, in which case he or she shall | ||||||
16 | register
at the Chicago Police Department Headquarters; or
| ||||||
17 | (2) with the sheriff in the county in which
he or she | ||||||
18 | resides or is
temporarily domiciled
for a period of time of | ||||||
19 | 3 or more days in an unincorporated
area or, if | ||||||
20 | incorporated, no police chief exists.
| ||||||
21 | If the sex offender or sexual predator is employed at or | ||||||
22 | attends an institution of higher education, he or she shall | ||||||
23 | register:
| ||||||
24 | (i) with the chief of police in the municipality in | ||||||
25 | which he or she is employed at or attends an institution of | ||||||
26 | higher education, unless the municipality is the City of |
| |||||||
| |||||||
1 | Chicago, in which case he or she shall register at the | ||||||
2 | Chicago Police Department Headquarters; or | ||||||
3 | (ii) with the sheriff in the county in which he or she | ||||||
4 | is employed or attends an institution of higher education | ||||||
5 | located in an unincorporated area, or if incorporated, no | ||||||
6 | police chief exists.
| ||||||
7 | For purposes of this Article, the place of residence or | ||||||
8 | temporary
domicile is defined as any and all places where the | ||||||
9 | sex offender resides
for an aggregate period of time of 3 or | ||||||
10 | more days during any calendar year.
Any person required to | ||||||
11 | register under this Article who lacks a fixed address or | ||||||
12 | temporary domicile must notify, in person, the agency of | ||||||
13 | jurisdiction of his or her last known address within 3 days | ||||||
14 | after ceasing to have a fixed residence. | ||||||
15 | A sex offender or sexual predator who is temporarily absent | ||||||
16 | from his or her current address of registration for 3 or more | ||||||
17 | days shall notify the law enforcement agency having | ||||||
18 | jurisdiction of his or her current registration, including the | ||||||
19 | itinerary for travel, in the manner provided in Section 6 of | ||||||
20 | this Act for notification to the law enforcement agency having | ||||||
21 | jurisdiction of change of address. | ||||||
22 | Any person who lacks a fixed residence must report weekly, | ||||||
23 | in person, with the sheriff's office of the county in which he | ||||||
24 | or she is located in an unincorporated area, or with the chief | ||||||
25 | of police in the municipality in which he or she is located. | ||||||
26 | The agency of jurisdiction will document each weekly |
| |||||||
| |||||||
1 | registration to include all the locations where the person has | ||||||
2 | stayed during the past 7 days.
| ||||||
3 | The sex offender or sexual predator shall provide accurate | ||||||
4 | information
as required by the Department of State Police. That | ||||||
5 | information shall include
the sex offender's or sexual | ||||||
6 | predator's current place of employment.
| ||||||
7 | (a-5) An out-of-state student or out-of-state employee | ||||||
8 | shall,
within 3 days after beginning school or employment in | ||||||
9 | this State,
register in person and provide accurate information | ||||||
10 | as required by the
Department of State Police. Such information | ||||||
11 | will include current place of
employment, school attended, and | ||||||
12 | address in state of residence. A sex offender convicted under | ||||||
13 | Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code | ||||||
14 | of 1961 shall provide all Internet protocol (IP) addresses in | ||||||
15 | his or her residence, registered in his or her name, accessible | ||||||
16 | at his or her place of employment, or otherwise under his or | ||||||
17 | her control or custody. The out-of-state student or | ||||||
18 | out-of-state employee shall register:
| ||||||
19 | (1) with the chief of police in the municipality in | ||||||
20 | which he or she attends school or is employed for a period | ||||||
21 | of time of 5
or more days or for an
aggregate period of | ||||||
22 | time of more than 30 days during any
calendar year, unless | ||||||
23 | the
municipality is the City of Chicago, in which case he | ||||||
24 | or she shall register at
the Chicago Police Department | ||||||
25 | Headquarters; or
| ||||||
26 | (2) with the sheriff in the county in which
he or she |
| |||||||
| |||||||
1 | attends school or is
employed for a period of time of 5 or | ||||||
2 | more days or
for an aggregate period of
time of more than | ||||||
3 | 30 days during any calendar year in an
unincorporated area
| ||||||
4 | or, if incorporated, no police chief exists. | ||||||
5 | The out-of-state student or out-of-state employee shall | ||||||
6 | provide accurate
information as required by the Department of | ||||||
7 | State Police. That information
shall include the out-of-state | ||||||
8 | student's current place of school attendance or
the | ||||||
9 | out-of-state employee's current place of employment.
| ||||||
10 | (a-10) Any law enforcement agency registering sex | ||||||
11 | offenders or sexual predators in accordance with subsections | ||||||
12 | (a) or (a-5) of this Section shall forward to the Attorney | ||||||
13 | General a copy of sex offender registration forms from persons | ||||||
14 | convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the | ||||||
15 | Criminal Code of 1961, including periodic and annual | ||||||
16 | registrations under Section 6 of this Act. | ||||||
17 | (b) Any sex offender, as defined in Section 2 of this Act, | ||||||
18 | or sexual
predator, regardless of any initial,
prior, or other | ||||||
19 | registration, shall, within 3 days of beginning school,
or | ||||||
20 | establishing a
residence, place of employment, or temporary | ||||||
21 | domicile in
any county, register in person as set forth in | ||||||
22 | subsection (a)
or (a-5).
| ||||||
23 | (c) The registration for any person required to register | ||||||
24 | under this
Article shall be as follows:
| ||||||
25 | (1) Any person registered under the Habitual Child Sex | ||||||
26 | Offender
Registration Act or the Child Sex Offender |
| |||||||
| |||||||
1 | Registration Act prior to January
1, 1996, shall be deemed | ||||||
2 | initially registered as of January 1, 1996; however,
this | ||||||
3 | shall not be construed to extend the duration of | ||||||
4 | registration set forth
in Section 7.
| ||||||
5 | (2) Except as provided in subsection (c)(4), any person | ||||||
6 | convicted or
adjudicated prior to January 1, 1996, whose | ||||||
7 | liability for registration under
Section 7 has not expired, | ||||||
8 | shall register in person prior to January 31,
1996.
| ||||||
9 | (2.1) A sex offender, as defined in Section 2 of this | ||||||
10 | Act, or sexual predator who was not required to register | ||||||
11 | under this Act before the effective date of this amendatory | ||||||
12 | Act of the 96th General Assembly now has a duty to | ||||||
13 | register. Any sex offender who on or after July 1, 2011 is | ||||||
14 | on parole, mandatory supervised release, probation, or | ||||||
15 | conditional discharge for a conviction for any felony | ||||||
16 | offense or for a conviction for any misdemeanor offense | ||||||
17 | under the Criminal Code of 1961 shall be notified of his or | ||||||
18 | her duty to register as a sex offender by his or her | ||||||
19 | supervising officer or as otherwise provided in Section 5 | ||||||
20 | of this Act. The court or supervising officer shall require | ||||||
21 | the person to read and sign such form as may be required by | ||||||
22 | the Department of State Police stating that the duty to | ||||||
23 | register and the procedure for registration have been | ||||||
24 | explained to him or her and that he or she understands the | ||||||
25 | duty to register and the procedure for registration. He or | ||||||
26 | she shall register in person within 3 days after |
| |||||||
| |||||||
1 | notification by his or her supervising officer or the court | ||||||
2 | as provided in Section 6 of this Act. Any person unable to | ||||||
3 | comply with the registration requirements of this | ||||||
4 | amendatory Act of the 96th General Assembly because he or | ||||||
5 | she is confined, institutionalized, or imprisoned in | ||||||
6 | Illinois on or after the effective date of this amendatory | ||||||
7 | Act of the 96th General Assembly shall register in person | ||||||
8 | within 3 days after discharge, parole, or release.
| ||||||
9 | (2.5) Except as provided in subsection (c)(4), any | ||||||
10 | person who has not
been notified of his or her | ||||||
11 | responsibility to register shall be notified by a
criminal | ||||||
12 | justice entity of his or her responsibility to register. | ||||||
13 | Upon
notification the person must then register within 3 | ||||||
14 | days of notification of
his or her requirement to register. | ||||||
15 | Except as provided in subsection (c)(2.1), if If | ||||||
16 | notification is not made within the
offender's 10 year | ||||||
17 | registration requirement, and the Department of State
| ||||||
18 | Police determines no evidence exists or indicates the | ||||||
19 | offender attempted to
avoid registration, the offender | ||||||
20 | will no longer be required to register under
this Act.
| ||||||
21 | (3) Except as provided in subsection (c)(4), any person | ||||||
22 | convicted on
or after January 1, 1996, shall register in | ||||||
23 | person within 3 days after the
entry of the sentencing | ||||||
24 | order based upon his or her conviction.
| ||||||
25 | (4) Any person unable to comply with the registration | ||||||
26 | requirements of
this Article because he or she is confined, |
| |||||||
| |||||||
1 | institutionalized,
or imprisoned in Illinois on or after | ||||||
2 | January 1, 1996, shall register in person
within 3 days of | ||||||
3 | discharge, parole or release.
| ||||||
4 | (5) The person shall provide positive identification | ||||||
5 | and documentation
that substantiates proof of residence at | ||||||
6 | the registering address.
| ||||||
7 | (6) The person shall pay a $100
initial registration | ||||||
8 | fee and
a $100
annual
renewal fee. The fees shall be used | ||||||
9 | by the registering agency for official
purposes. The agency | ||||||
10 | shall establish procedures to document receipt and use
of | ||||||
11 | the funds.
The law enforcement agency having jurisdiction | ||||||
12 | may waive the registration fee
if it determines that the | ||||||
13 | person is indigent and unable to pay the registration
fee.
| ||||||
14 | Thirty dollars for the initial registration fee and $30 of | ||||||
15 | the annual renewal fee
shall be used by the registering | ||||||
16 | agency for official purposes. Ten dollars of
the initial | ||||||
17 | registration fee and $10 of the annual fee shall be | ||||||
18 | deposited into
the Sex Offender Management Board Fund under | ||||||
19 | Section 19 of the Sex Offender
Management Board Act. Money | ||||||
20 | deposited into the Sex Offender Management Board
Fund shall | ||||||
21 | be administered by the Sex Offender Management Board and | ||||||
22 | shall be
used to
fund practices endorsed or required by the | ||||||
23 | Sex Offender Management Board Act
including but not limited | ||||||
24 | to sex offenders evaluation, treatment, or
monitoring | ||||||
25 | programs that are or may be developed, as well as for
| ||||||
26 | administrative costs, including staff, incurred by the |
| |||||||
| |||||||
1 | Board.
Thirty dollars of the initial registration fee and | ||||||
2 | $30 of the annual renewal fee shall be deposited into the | ||||||
3 | Sex Offender Registration Fund and shall be used by the | ||||||
4 | Department of State Police to maintain and update the | ||||||
5 | Illinois State Police Sex Offender Registry. Thirty | ||||||
6 | dollars of the initial registration fee and $30 of the | ||||||
7 | annual renewal fee shall be deposited into the Attorney | ||||||
8 | General Sex Offender Awareness, Training, and Education | ||||||
9 | Fund. Moneys deposited into the Fund shall be used by the | ||||||
10 | Attorney General to administer the I-SORT program and to | ||||||
11 | alert and educate the public, victims, and witnesses of | ||||||
12 | their rights under various victim notification laws and for | ||||||
13 | training law enforcement agencies, State's Attorneys, and | ||||||
14 | medical providers of their legal duties concerning the | ||||||
15 | prosecution and investigation of sex offenses. | ||||||
16 | (d) Within 3 days after obtaining or changing employment | ||||||
17 | and, if employed
on January 1, 2000, within 5 days after that | ||||||
18 | date, a person required to
register under this Section must | ||||||
19 | report, in person to the law
enforcement agency having | ||||||
20 | jurisdiction, the business name and address where he
or she is | ||||||
21 | employed. If the person has multiple businesses or work | ||||||
22 | locations,
every business and work location must be reported to | ||||||
23 | the law enforcement agency
having jurisdiction.
| ||||||
24 | (Source: P.A. 95-229, eff. 8-16-07; 95-579, eff. 6-1-08; | ||||||
25 | 95-640, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. | ||||||
26 | 8-21-08; 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; 96-1097, |
| |||||||
| |||||||
1 | eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. 1-1-11; | ||||||
2 | revised 9-2-10.) | ||||||
3 | (730 ILCS 150/3-5) | ||||||
4 | Sec. 3-5. Application of Act to adjudicated juvenile | ||||||
5 | delinquents. | ||||||
6 | (a) In all cases involving an adjudicated juvenile
| ||||||
7 | delinquent who meets the definition of sex offender as set
| ||||||
8 | forth in paragraph (5) of subsection (A) of Section 2 of this
| ||||||
9 | Act, the court shall order the minor to register as a sex | ||||||
10 | offender. | ||||||
11 | (b) Once an adjudicated juvenile delinquent is ordered to
| ||||||
12 | register as a sex offender, the adjudicated juvenile delinquent
| ||||||
13 | shall be subject to the registration requirements set forth in
| ||||||
14 | Sections 3, 6, 6-5, 8, 8-5, and 10 for the term of his or her
| ||||||
15 | registration. | ||||||
16 | (c) For a minor adjudicated delinquent for an offense | ||||||
17 | which, if charged as an adult, would be a felony, no less than | ||||||
18 | 5 years after registration ordered pursuant to subsection (a) | ||||||
19 | of this Section, the minor may petition for the termination of | ||||||
20 | the term of registration. For a minor adjudicated delinquent | ||||||
21 | for an offense which, if charged as an adult, would be a | ||||||
22 | misdemeanor, no less than 2 years after registration ordered | ||||||
23 | pursuant to subsection (a) of this Section, the minor may | ||||||
24 | petition for termination of the term of registration. | ||||||
25 | (d) The court may upon a hearing on the petition for |
| |||||||
| |||||||
1 | termination of registration, terminate registration if the | ||||||
2 | court finds that the registrant poses no risk to the community | ||||||
3 | by a preponderance of the evidence based upon the factors set | ||||||
4 | forth in subsection (e). Notwithstanding any other provisions | ||||||
5 | of this Act to the contrary, no registrant whose registration | ||||||
6 | has been terminated under this Section shall be required to | ||||||
7 | register under the provisions of this Act for the offense or | ||||||
8 | offenses which were the subject of the successful petition for | ||||||
9 | termination of registration. This exemption shall apply only to | ||||||
10 | those offenses which were the subject of the successful | ||||||
11 | petition for termination of registration, and shall not apply | ||||||
12 | to any other or subsequent offenses requiring registration | ||||||
13 | under this Act. | ||||||
14 | (e) To determine whether a registrant poses a risk
to the | ||||||
15 | community as required by subsection (d), the court shall
| ||||||
16 | consider the following factors: | ||||||
17 | (1) a risk assessment performed by an evaluator
| ||||||
18 | approved by the Sex Offender Management Board; | ||||||
19 | (2) the sex offender history of the adjudicated
| ||||||
20 | juvenile delinquent; | ||||||
21 | (3) evidence of the adjudicated juvenile delinquent's
| ||||||
22 | rehabilitation; | ||||||
23 | (4) the age of the adjudicated juvenile delinquent at
| ||||||
24 | the time of the offense; | ||||||
25 | (5) information related to the adjudicated juvenile
| ||||||
26 | delinquent's mental, physical, educational, and social
|
| |||||||
| |||||||
1 | history; | ||||||
2 | (6) victim impact statements; and | ||||||
3 | (7) any other factors deemed relevant by the court. | ||||||
4 | (f) At the hearing set forth in subsections (c) and (d), a
| ||||||
5 | registrant shall be represented by counsel and may present a
| ||||||
6 | risk assessment conducted by an evaluator who is a licensed
| ||||||
7 | psychiatrist, psychologist, or other mental health
| ||||||
8 | professional, and who has demonstrated clinical experience in
| ||||||
9 | juvenile sex offender treatment. | ||||||
10 | (g) After a registrant completes the term of his or her
| ||||||
11 | registration, his or her name, address, and all other
| ||||||
12 | identifying information shall be removed from all State and
| ||||||
13 | local registries. | ||||||
14 | (h) This Section applies retroactively to cases in which
| ||||||
15 | adjudicated juvenile delinquents who registered or were
| ||||||
16 | required to register before the effective date of this
| ||||||
17 | amendatory Act of the 95th General Assembly. On or after the
| ||||||
18 | effective date of this amendatory Act of the 95th General
| ||||||
19 | Assembly, a person adjudicated delinquent before the effective
| ||||||
20 | date of this amendatory Act of the 95th General Assembly may
| ||||||
21 | request a hearing regarding status of registration by filing a | ||||||
22 | Petition Requesting Registration Status with the clerk of the | ||||||
23 | court. Upon receipt of the Petition Requesting Registration
| ||||||
24 | Status, the clerk of the court shall provide notice to the
| ||||||
25 | parties and set the Petition for hearing pursuant to
| ||||||
26 | subsections (c) through (e) of this Section. |
| |||||||
| |||||||
1 | (i) This Section does not apply to minors prosecuted under
| ||||||
2 | the criminal laws as adults.
| ||||||
3 | (Source: P.A. 95-658, eff. 10-11-07.)
| ||||||
4 | (730 ILCS 150/7) (from Ch. 38, par. 227)
| ||||||
5 | Sec. 7. Duration of registration. A person who has been | ||||||
6 | adjudicated to
be
sexually dangerous and is later released or | ||||||
7 | found to be no longer sexually
dangerous and discharged, shall | ||||||
8 | register for the period of his or her natural
life.
A sexually | ||||||
9 | violent person or sexual predator shall register for the period | ||||||
10 | of
his or her natural life
after conviction or adjudication or | ||||||
11 | after the effective date of this amendatory Act of the 96th | ||||||
12 | General Assembly if the sexually violent person or sexual | ||||||
13 | predator was not required to register before the effective date | ||||||
14 | of this amendatory Act of the 96th General Assembly if not | ||||||
15 | confined to a penal institution,
hospital, or other institution | ||||||
16 | or facility, and if confined, for
the period of his or her | ||||||
17 | natural life after parole, discharge, or release from
any such | ||||||
18 | facility.
A person who has not been adjudicated to be sexually | ||||||
19 | dangerous or who is not a sexually violent person or sexual | ||||||
20 | predator and who is required to register under this Article as | ||||||
21 | a result of this amendatory Act of the 96th General Assembly | ||||||
22 | shall register for a period of 10 years after conviction or | ||||||
23 | adjudication if not confined to a penal institution,
hospital, | ||||||
24 | or other institution or facility, and if confined, for a period | ||||||
25 | of 10 years after parole, discharge, or release from any such |
| |||||||
| |||||||
1 | facility. However, this provision shall only revive the period | ||||||
2 | of registration of any person who was previously registered as | ||||||
3 | a sex offender and who successfully completed his or her period | ||||||
4 | of registration prior to the effective date of this amendatory | ||||||
5 | Act of the 96th General Assembly if he or she is convicted of | ||||||
6 | any felony offense, or convicted of any misdemeanor offense | ||||||
7 | under the Criminal Code of 1961, after July 1, 2011. A person | ||||||
8 | who becomes subject to registration under this Article who has | ||||||
9 | previously been subject to registration under this Article or | ||||||
10 | under the Child Murderer and Violent Offender Against Youth | ||||||
11 | Registration Act or similar registration requirements of other | ||||||
12 | jurisdictions shall register for the period of his or her | ||||||
13 | natural life if not confined to a penal institution,
hospital, | ||||||
14 | or other institution or facility, and if confined, for
the | ||||||
15 | period of his or her natural life after parole, discharge, or | ||||||
16 | release from
any such facility. Any other person who is | ||||||
17 | required to register
under this Article shall be required to | ||||||
18 | register for a period of 10 years after
conviction or | ||||||
19 | adjudication if not confined to a penal institution, hospital
| ||||||
20 | or any other
institution or facility, and if confined, for a | ||||||
21 | period of 10 years after
parole, discharge or release from any | ||||||
22 | such facility. A sex offender who is
allowed to leave a county, | ||||||
23 | State, or federal facility for the purposes of work
release, | ||||||
24 | education, or overnight visitations shall be required
to | ||||||
25 | register within 3 days of beginning such a program. Liability | ||||||
26 | for
registration terminates at the expiration of 10 years from |
| |||||||
| |||||||
1 | the date of
conviction or adjudication if not confined to a | ||||||
2 | penal institution, hospital
or any other
institution or | ||||||
3 | facility and if confined, at the expiration of 10 years from | ||||||
4 | the
date of parole, discharge or release from any such | ||||||
5 | facility, providing such
person does not, during that period, | ||||||
6 | again
become
liable
to register under the provisions of this | ||||||
7 | Article.
Reconfinement due to a violation of parole , a | ||||||
8 | conviction reviving registration, or other circumstances that | ||||||
9 | relates to the original conviction or adjudication shall extend | ||||||
10 | the period of registration to 10 years after final parole, | ||||||
11 | discharge, or release. Reconfinement due to a violation of | ||||||
12 | parole or other circumstances that do not relate to the | ||||||
13 | original conviction or adjudication shall toll the running of | ||||||
14 | the balance of the 10-year period of registration, which shall | ||||||
15 | not commence running until after final parole, discharge, or | ||||||
16 | release. The Director of State Police, consistent with | ||||||
17 | administrative rules, shall
extend for 10 years the | ||||||
18 | registration period of any sex offender, as defined
in Section | ||||||
19 | 2 of this Act, who fails to
comply with the provisions of this | ||||||
20 | Article. The registration period for any sex offender who fails | ||||||
21 | to comply with any provision of the Act shall extend the period | ||||||
22 | of registration by 10 years beginning from the first date of | ||||||
23 | registration after the violation.
If the registration period is | ||||||
24 | extended, the Department of State Police shall send a | ||||||
25 | registered letter to the law enforcement agency where the sex | ||||||
26 | offender resides within 3 days after the extension of the |
| |||||||
| |||||||
1 | registration period. The sex offender shall report to that law | ||||||
2 | enforcement agency and sign for that letter. One copy of that | ||||||
3 | letter shall be kept on file with the law enforcement agency of | ||||||
4 | the jurisdiction where the sex offender resides and one copy | ||||||
5 | shall be returned to the Department of State Police.
| ||||||
6 | (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-169, | ||||||
7 | eff. 8-14-07; 95-331, eff. 8-21-07; 95-513, eff. 6-1-08; | ||||||
8 | 95-640, eff. 6-1-08; 95-876, eff. 8-21-08.)
| ||||||
9 | Section 99. Effective date. This Act takes effect July 1, | ||||||
10 | 2011.".
|