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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by adding | ||||||
5 | Section 12-21.6-5 as follows: | ||||||
6 | (720 ILCS 5/12-21.6-5 new) | ||||||
7 | Sec. 12-21.6-5. Parent or guardian leaving custody or | ||||||
8 | control of child with child sex offender. | ||||||
9 | (a) For the purposes of this Section, "minor" means a | ||||||
10 | person under 18 years of age; and "child sex offender" means a | ||||||
11 | sex offender who is registered under the Sex Offender | ||||||
12 | Registration Act and is a child sex offender as defined in | ||||||
13 | Sections 11-9.3 and 11-9.4 of this Code. | ||||||
14 | (b) It is unlawful for a parent or guardian of a minor to | ||||||
15 | knowingly leave that minor in the custody or control of a child | ||||||
16 | sex offender, or allow the child sex offender unsupervised | ||||||
17 | access to the minor. | ||||||
18 | (c) This Section does not apply to leaving the minor in the | ||||||
19 | custody or control of, or allowing unsupervised access to the | ||||||
20 | minor by: | ||||||
21 | (1) a child sex offender who is the parent of the | ||||||
22 | minor; | ||||||
23 | (2) a person convicted of a violation of subsection (c) |
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1 | of Section 12-15 of this Code; or | ||||||
2 | (3) a child sex offender who is married to and living | ||||||
3 | in the same household with the parent or guardian of the | ||||||
4 | minor. | ||||||
5 | (d) Sentence. A person who violates this Section is guilty | ||||||
6 | of a Class A misdemeanor.
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7 | Section 10. The Sex Offender Registration Act is amended by | ||||||
8 | changing Sections 3 and 6 as follows:
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9 | (730 ILCS 150/3)
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10 | Sec. 3. Duty to register.
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11 | (a) A sex offender, as defined in Section 2 of this Act, or | ||||||
12 | sexual
predator shall, within the time period
prescribed in | ||||||
13 | subsections (b) and (c), register in person
and provide | ||||||
14 | accurate information as required by the Department of State
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15 | Police. Such information shall include a current photograph,
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16 | current address,
current place of employment, the employer's | ||||||
17 | telephone number, school attended, all e-mail addresses, | ||||||
18 | instant messaging identities, chat room identities, and other | ||||||
19 | Internet communications identities that the sex offender uses | ||||||
20 | or plans to use, all Uniform Resource Locators (URLs) | ||||||
21 | registered or used by the sex offender, all blogs and other | ||||||
22 | Internet sites maintained by the sex offender or to which the | ||||||
23 | sex offender has uploaded any content or posted any messages or | ||||||
24 | information, extensions of the time period for registering as |
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1 | provided in this Article and, if an extension was granted, the | ||||||
2 | reason why the extension was granted and the date the sex | ||||||
3 | offender was notified of the extension. The information shall | ||||||
4 | also include the county of conviction, license plate numbers | ||||||
5 | for every vehicle registered in the name of the sex offender, | ||||||
6 | the age of the sex offender at the time of the commission of | ||||||
7 | the offense, the age of the victim at the time of the | ||||||
8 | commission of the offense, and any distinguishing marks located | ||||||
9 | on the body of the sex offender. A sex offender convicted under | ||||||
10 | Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code | ||||||
11 | of 1961 shall provide all Internet protocol (IP) addresses in | ||||||
12 | his or her residence, registered in his or her name, accessible | ||||||
13 | at his or her place of employment, or otherwise under his or | ||||||
14 | her control or custody. If the sex offender is a child sex | ||||||
15 | offender as defined in Section 11-9.3 or 11-9.4 of the Criminal | ||||||
16 | Code of 1961, the sex offender shall report to the registering | ||||||
17 | agency whether he or she is living in a household with a child | ||||||
18 | under 18 years of age who is not his or her own child. The sex | ||||||
19 | offender or
sexual predator shall register:
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20 | (1) with the chief of police in the municipality in | ||||||
21 | which he or she
resides or is temporarily domiciled for a | ||||||
22 | period of time of 5 or more
days, unless the
municipality | ||||||
23 | is the City of Chicago, in which case he or she shall | ||||||
24 | register
at the Chicago Police Department Headquarters; or
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25 | (2) with the sheriff in the county in which
he or she | ||||||
26 | resides or is
temporarily domiciled
for a period of time of |
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1 | 5 or more days in an unincorporated
area or, if | ||||||
2 | incorporated, no police chief exists.
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3 | If the sex offender or sexual predator is employed at or | ||||||
4 | attends an institution of higher education, he or she shall | ||||||
5 | register:
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6 | (i) with the chief of police in the municipality in | ||||||
7 | which he or she is employed at or attends an institution of | ||||||
8 | higher education, unless the municipality is the City of | ||||||
9 | Chicago, in which case he or she shall register at the | ||||||
10 | Chicago Police Department Headquarters; or | ||||||
11 | (ii) with the sheriff in the county in which he or she | ||||||
12 | is employed or attends an institution of higher education | ||||||
13 | located in an unincorporated area, or if incorporated, no | ||||||
14 | police chief exists.
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15 | For purposes of this Article, the place of residence or | ||||||
16 | temporary
domicile is defined as any and all places where the | ||||||
17 | sex offender resides
for an aggregate period of time of 5 or | ||||||
18 | more days during any calendar year.
Any person required to | ||||||
19 | register under this Article who lacks a fixed address or | ||||||
20 | temporary domicile must notify, in person, the agency of | ||||||
21 | jurisdiction of his or her last known address within 3 days | ||||||
22 | after ceasing to have a fixed residence.
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23 | Any person who lacks a fixed residence must report weekly, | ||||||
24 | in person, with the sheriff's office of the county in which he | ||||||
25 | or she is located in an unincorporated area, or with the chief | ||||||
26 | of police in the municipality in which he or she is located. |
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1 | The agency of jurisdiction will document each weekly | ||||||
2 | registration to include all the locations where the person has | ||||||
3 | stayed during the past 7 days.
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4 | The sex offender or sexual predator shall provide accurate | ||||||
5 | information
as required by the Department of State Police. That | ||||||
6 | information shall include
the sex offender's or sexual | ||||||
7 | predator's current place of employment.
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8 | (a-5) An out-of-state student or out-of-state employee | ||||||
9 | shall,
within 3 days after beginning school or employment in | ||||||
10 | this State,
register in person and provide accurate information | ||||||
11 | as required by the
Department of State Police. Such information | ||||||
12 | will include current place of
employment, school attended, and | ||||||
13 | address in state of residence. A sex offender convicted under | ||||||
14 | Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code | ||||||
15 | of 1961 shall provide all Internet protocol (IP) addresses in | ||||||
16 | his or her residence, registered in his or her name, accessible | ||||||
17 | at his or her place of employment, or otherwise under his or | ||||||
18 | her control or custody. The out-of-state student or | ||||||
19 | out-of-state employee shall register:
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20 | (1) with the chief of police in the municipality in | ||||||
21 | which he or she attends school or is employed for a period | ||||||
22 | of time of 5
or more days or for an
aggregate period of | ||||||
23 | time of more than 30 days during any
calendar year, unless | ||||||
24 | the
municipality is the City of Chicago, in which case he | ||||||
25 | or she shall register at
the Chicago Police Department | ||||||
26 | Headquarters; or
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1 | (2) with the sheriff in the county in which
he or she | ||||||
2 | attends school or is
employed for a period of time of 5 or | ||||||
3 | more days or
for an aggregate period of
time of more than | ||||||
4 | 30 days during any calendar year in an
unincorporated area
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5 | or, if incorporated, no police chief exists.
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6 | The out-of-state student or out-of-state employee shall | ||||||
7 | provide accurate
information as required by the Department of | ||||||
8 | State Police. That information
shall include the out-of-state | ||||||
9 | student's current place of school attendance or
the | ||||||
10 | out-of-state employee's current place of employment.
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11 | (a-10) Any law enforcement agency registering sex | ||||||
12 | offenders or sexual predators in accordance with subsections | ||||||
13 | (a) or (a-5) of this Section shall forward to the Attorney | ||||||
14 | General a copy of sex offender registration forms from persons | ||||||
15 | convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the | ||||||
16 | Criminal Code of 1961, including periodic and annual | ||||||
17 | registrations under Section 6 of this Act. | ||||||
18 | (b) Any sex offender, as defined in Section 2 of this Act, | ||||||
19 | or sexual
predator, regardless of any initial,
prior, or other | ||||||
20 | registration, shall, within 3 days of beginning school,
or | ||||||
21 | establishing a
residence, place of employment, or temporary | ||||||
22 | domicile in
any county, register in person as set forth in | ||||||
23 | subsection (a)
or (a-5).
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24 | (c) The registration for any person required to register | ||||||
25 | under this
Article shall be as follows:
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26 | (1) Any person registered under the Habitual Child Sex |
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1 | Offender
Registration Act or the Child Sex Offender | ||||||
2 | Registration Act prior to January
1, 1996, shall be deemed | ||||||
3 | initially registered as of January 1, 1996; however,
this | ||||||
4 | shall not be construed to extend the duration of | ||||||
5 | registration set forth
in Section 7.
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6 | (2) Except as provided in subsection (c)(4), any person | ||||||
7 | convicted or
adjudicated prior to January 1, 1996, whose | ||||||
8 | liability for registration under
Section 7 has not expired, | ||||||
9 | shall register in person prior to January 31,
1996.
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10 | (2.5) Except as provided in subsection (c)(4), any | ||||||
11 | person who has not
been notified of his or her | ||||||
12 | responsibility to register shall be notified by a
criminal | ||||||
13 | justice entity of his or her responsibility to register. | ||||||
14 | Upon
notification the person must then register within 3 | ||||||
15 | days of notification of
his or her requirement to register. | ||||||
16 | If notification is not made within the
offender's 10 year | ||||||
17 | registration requirement, and the Department of State
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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.
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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.
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25 | (4) Any person unable to comply with the registration | ||||||
26 | requirements of
this Article because he or she is confined, |
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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.
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4 | (5) The person shall provide positive identification | ||||||
5 | and documentation
that substantiates proof of residence at | ||||||
6 | the registering address.
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7 | (6) The person shall pay a $20
initial registration fee | ||||||
8 | and
a $10
annual
renewal fee. The fees shall be used by the | ||||||
9 | registering agency for official
purposes. The agency shall | ||||||
10 | establish procedures to document receipt and use
of the | ||||||
11 | funds.
The law enforcement agency having jurisdiction may | ||||||
12 | waive the registration fee
if it determines that the person | ||||||
13 | is indigent and unable to pay the registration
fee.
Ten | ||||||
14 | dollars for the initial registration fee and $5 of the | ||||||
15 | annual renewal fee
shall be used by the registering agency | ||||||
16 | for official purposes. Ten dollars of
the initial | ||||||
17 | registration fee and $5 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
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26 | administrative costs, including staff, incurred by the |
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1 | Board.
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2 | (d) Within 3 days after obtaining or changing employment | ||||||
3 | and, if employed
on January 1, 2000, within 5 days after that | ||||||
4 | date, a person required to
register under this Section must | ||||||
5 | report, in person to the law
enforcement agency having | ||||||
6 | jurisdiction, the business name and address where he
or she is | ||||||
7 | employed. If the person has multiple businesses or work | ||||||
8 | locations,
every business and work location must be reported to | ||||||
9 | the law enforcement agency
having jurisdiction.
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10 | (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-994, | ||||||
11 | eff. 1-1-07; 95-229, eff. 8-16-07; 95-579, eff. 6-1-08; 95-640, | ||||||
12 | eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. 8-21-08.)
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13 | (730 ILCS 150/6) (from Ch. 38, par. 226)
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14 | Sec. 6. Duty to report; change of address, school, or | ||||||
15 | employment; duty
to inform.
A person who has been adjudicated | ||||||
16 | to be sexually dangerous or is a sexually
violent person and is | ||||||
17 | later released, or found to be no longer sexually
dangerous or | ||||||
18 | no longer a sexually violent person and discharged, or | ||||||
19 | convicted of a violation of this Act after July 1, 2005, shall | ||||||
20 | report in
person to the law enforcement agency with whom he or | ||||||
21 | she last registered no
later than 90 days after the date of his | ||||||
22 | or her last registration and every 90
days thereafter and at | ||||||
23 | such other times at the request of the law enforcement agency | ||||||
24 | not to exceed 4 times a year. Such sexually dangerous or | ||||||
25 | sexually
violent person must report all new or changed e-mail |
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1 | addresses, all new or changed instant messaging identities, all | ||||||
2 | new or changed chat room identities, and all other new or | ||||||
3 | changed Internet communications identities that the sexually | ||||||
4 | dangerous or sexually
violent person uses or plans to use, all | ||||||
5 | new or changed Uniform Resource Locators (URLs) registered or | ||||||
6 | used by the sexually dangerous or sexually
violent person, and | ||||||
7 | all new or changed blogs and other Internet sites maintained by | ||||||
8 | the sexually dangerous or sexually
violent person or to which | ||||||
9 | the sexually dangerous or sexually
violent person has uploaded | ||||||
10 | any content or posted any messages or information. Any person | ||||||
11 | who lacks a fixed residence must report weekly, in person, to | ||||||
12 | the appropriate law enforcement agency where the sex offender | ||||||
13 | is located. Any other person who is required to register under | ||||||
14 | this
Article shall report in person to the appropriate law | ||||||
15 | enforcement agency with
whom he or she last registered within | ||||||
16 | one year from the date of last
registration and every year | ||||||
17 | thereafter and at such other times at the request of the law | ||||||
18 | enforcement agency not to exceed 4 times a year. If any person | ||||||
19 | required to register under this Article lacks a fixed residence | ||||||
20 | or temporary domicile, he or she must notify, in person, the | ||||||
21 | agency of jurisdiction of his or her last known address within | ||||||
22 | 3 days after ceasing to have a fixed residence and if the | ||||||
23 | offender leaves the last jurisdiction of residence, he or she, | ||||||
24 | must within 3 days after leaving register in person with the | ||||||
25 | new agency of jurisdiction. If any other person required to | ||||||
26 | register
under this Article changes his or her residence |
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1 | address, place of
employment,
or school, he or she shall report | ||||||
2 | in
person to the law
enforcement agency
with whom he or she | ||||||
3 | last registered of his or her new address, change in
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4 | employment, or school, all new or changed e-mail addresses, all | ||||||
5 | new or changed instant messaging identities, all new or changed | ||||||
6 | chat room identities, and all other new or changed Internet | ||||||
7 | communications identities that the sex offender uses or plans | ||||||
8 | to use, all new or changed Uniform Resource Locators (URLs) | ||||||
9 | registered or used by the sex offender, and all new or changed | ||||||
10 | blogs and other Internet sites maintained by the sex offender | ||||||
11 | or to which the sex offender has uploaded any content or posted | ||||||
12 | any messages or information, and register, in person, with the | ||||||
13 | appropriate law enforcement
agency within the
time period | ||||||
14 | specified in Section 3. If the sex offender is a child sex | ||||||
15 | offender as defined in Section 11-9.3 or 11-9.4 of the Criminal | ||||||
16 | Code of 1961, the sex offender shall within 3 days after | ||||||
17 | beginning to reside in a household with a child under 18 years | ||||||
18 | of age who is not his or her own child report that information | ||||||
19 | to the registering law enforcement agency. The law enforcement | ||||||
20 | agency shall, within 3
days of the reporting in person by the | ||||||
21 | person required to register under this Article, notify the | ||||||
22 | Department of State Police of the new place of residence, | ||||||
23 | change in
employment, or school.
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24 | If any person required to register under this Article | ||||||
25 | intends to establish a
residence or employment outside of the | ||||||
26 | State of Illinois, at least 10 days
before establishing that |
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1 | residence or employment, he or she shall report in person to | ||||||
2 | the law enforcement agency with which he or she last registered | ||||||
3 | of his
or her out-of-state intended residence or employment. | ||||||
4 | The law enforcement agency with
which such person last | ||||||
5 | registered shall, within 3 days after the reporting in person | ||||||
6 | of the person required to register under this Article of an | ||||||
7 | address or
employment change, notify the Department of State | ||||||
8 | Police. The Department of
State Police shall forward such | ||||||
9 | information to the out-of-state law enforcement
agency having | ||||||
10 | jurisdiction in the form and manner prescribed by the
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11 | Department of State Police.
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12 | (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-229, | ||||||
13 | eff. 8-16-07; 95-331, eff. 8-21-07; 95-640, eff. 6-1-08; | ||||||
14 | 95-876, eff. 8-21-08.) |