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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 required to register 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 | This subsection (c) shall not be construed to allow a child | ||||||
6 | sex offender to knowingly reside within 500 feet of the minor | ||||||
7 | victim of the sex offense if prohibited by subsection (b-6) of | ||||||
8 | Section 11-9.4 of this Code. | ||||||
9 | (d) Sentence. A person who violates this Section is guilty | ||||||
10 | of a Class A misdemeanor. | ||||||
11 | (e) Nothing in this Section shall prohibit the filing of a | ||||||
12 | petition or the instituting of any proceeding under Article II | ||||||
13 | of the Juvenile Court Act of 1987 relating to abused minors.
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14 | Section 10. The Sex Offender Registration Act is amended by | ||||||
15 | changing Sections 3 and 6 as follows:
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16 | (730 ILCS 150/3)
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17 | Sec. 3. Duty to register.
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18 | (a) A sex offender, as defined in Section 2 of this Act, or | ||||||
19 | sexual
predator shall, within the time period
prescribed in | ||||||
20 | subsections (b) and (c), register in person
and provide | ||||||
21 | accurate information as required by the Department of State
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22 | Police. Such information shall include a current photograph,
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23 | current address,
current place of employment, the employer's | ||||||
24 | telephone number, school attended, all e-mail addresses, |
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1 | instant messaging identities, chat room identities, and other | ||||||
2 | Internet communications identities that the sex offender uses | ||||||
3 | or plans to use, all Uniform Resource Locators (URLs) | ||||||
4 | registered or used by the sex offender, all blogs and other | ||||||
5 | Internet sites maintained by the sex offender or to which the | ||||||
6 | sex offender has uploaded any content or posted any messages or | ||||||
7 | information, extensions of the time period for registering as | ||||||
8 | provided in this Article and, if an extension was granted, the | ||||||
9 | reason why the extension was granted and the date the sex | ||||||
10 | offender was notified of the extension. The information shall | ||||||
11 | also include the county of conviction, license plate numbers | ||||||
12 | for every vehicle registered in the name of the sex offender, | ||||||
13 | the age of the sex offender at the time of the commission of | ||||||
14 | the offense, the age of the victim at the time of the | ||||||
15 | commission of the offense, and any distinguishing marks located | ||||||
16 | on the body of the sex offender. A sex offender convicted under | ||||||
17 | Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code | ||||||
18 | of 1961 shall provide all Internet protocol (IP) addresses in | ||||||
19 | his or her residence, registered in his or her name, accessible | ||||||
20 | at his or her place of employment, or otherwise under his or | ||||||
21 | her control or custody. If the sex offender is a child sex | ||||||
22 | offender as defined in Section 11-9.3 or 11-9.4 of the Criminal | ||||||
23 | Code of 1961, the sex offender shall report to the registering | ||||||
24 | agency whether he or she is living in a household with a child | ||||||
25 | under 18 years of age who is not his or her own child, provided | ||||||
26 | that his or her own child is not the victim of the sex offense. |
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1 | The sex offender or
sexual predator shall register:
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2 | (1) with the chief of police in the municipality in | ||||||
3 | which he or she
resides or is temporarily domiciled for a | ||||||
4 | period of time of 5 or more
days, unless the
municipality | ||||||
5 | is the City of Chicago, in which case he or she shall | ||||||
6 | register
at the Chicago Police Department Headquarters; or
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7 | (2) with the sheriff in the county in which
he or she | ||||||
8 | resides or is
temporarily domiciled
for a period of time of | ||||||
9 | 5 or more days in an unincorporated
area or, if | ||||||
10 | incorporated, no police chief exists.
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11 | If the sex offender or sexual predator is employed at or | ||||||
12 | attends an institution of higher education, he or she shall | ||||||
13 | register:
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14 | (i) with the chief of police in the municipality in | ||||||
15 | which he or she is employed at or attends an institution of | ||||||
16 | higher education, unless the municipality is the City of | ||||||
17 | Chicago, in which case he or she shall register at the | ||||||
18 | Chicago Police Department Headquarters; or | ||||||
19 | (ii) with the sheriff in the county in which he or she | ||||||
20 | is employed or attends an institution of higher education | ||||||
21 | located in an unincorporated area, or if incorporated, no | ||||||
22 | police chief exists.
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23 | For purposes of this Article, the place of residence or | ||||||
24 | temporary
domicile is defined as any and all places where the | ||||||
25 | sex offender resides
for an aggregate period of time of 5 or | ||||||
26 | more days during any calendar year.
Any person required to |
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1 | register under this Article who lacks a fixed address or | ||||||
2 | temporary domicile must notify, in person, the agency of | ||||||
3 | jurisdiction of his or her last known address within 3 days | ||||||
4 | after ceasing to have a fixed residence.
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5 | Any person who lacks a fixed residence must report weekly, | ||||||
6 | in person, with the sheriff's office of the county in which he | ||||||
7 | or she is located in an unincorporated area, or with the chief | ||||||
8 | of police in the municipality in which he or she is located. | ||||||
9 | The agency of jurisdiction will document each weekly | ||||||
10 | registration to include all the locations where the person has | ||||||
11 | stayed during the past 7 days.
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12 | The sex offender or sexual predator shall provide accurate | ||||||
13 | information
as required by the Department of State Police. That | ||||||
14 | information shall include
the sex offender's or sexual | ||||||
15 | predator's current place of employment.
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16 | (a-5) An out-of-state student or out-of-state employee | ||||||
17 | shall,
within 3 days after beginning school or employment in | ||||||
18 | this State,
register in person and provide accurate information | ||||||
19 | as required by the
Department of State Police. Such information | ||||||
20 | will include current place of
employment, school attended, and | ||||||
21 | address in state of residence. A sex offender convicted under | ||||||
22 | Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code | ||||||
23 | of 1961 shall provide all Internet protocol (IP) addresses in | ||||||
24 | his or her residence, registered in his or her name, accessible | ||||||
25 | at his or her place of employment, or otherwise under his or | ||||||
26 | her control or custody. The out-of-state student or |
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1 | out-of-state employee shall register:
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2 | (1) with the chief of police in the municipality in | ||||||
3 | which he or she attends school or is employed for a period | ||||||
4 | of time of 5
or more days or for an
aggregate period of | ||||||
5 | time of more than 30 days during any
calendar year, unless | ||||||
6 | the
municipality is the City of Chicago, in which case he | ||||||
7 | or she shall register at
the Chicago Police Department | ||||||
8 | Headquarters; or
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9 | (2) with the sheriff in the county in which
he or she | ||||||
10 | attends school or is
employed for a period of time of 5 or | ||||||
11 | more days or
for an aggregate period of
time of more than | ||||||
12 | 30 days during any calendar year in an
unincorporated area
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13 | or, if incorporated, no police chief exists.
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14 | The out-of-state student or out-of-state employee shall | ||||||
15 | provide accurate
information as required by the Department of | ||||||
16 | State Police. That information
shall include the out-of-state | ||||||
17 | student's current place of school attendance or
the | ||||||
18 | out-of-state employee's current place of employment.
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19 | (a-10) Any law enforcement agency registering sex | ||||||
20 | offenders or sexual predators in accordance with subsections | ||||||
21 | (a) or (a-5) of this Section shall forward to the Attorney | ||||||
22 | General a copy of sex offender registration forms from persons | ||||||
23 | convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the | ||||||
24 | Criminal Code of 1961, including periodic and annual | ||||||
25 | registrations under Section 6 of this Act. | ||||||
26 | (b) Any sex offender, as defined in Section 2 of this Act, |
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1 | or sexual
predator, regardless of any initial,
prior, or other | ||||||
2 | registration, shall, within 3 days of beginning school,
or | ||||||
3 | establishing a
residence, place of employment, or temporary | ||||||
4 | domicile in
any county, register in person as set forth in | ||||||
5 | subsection (a)
or (a-5).
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6 | (c) The registration for any person required to register | ||||||
7 | under this
Article shall be as follows:
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8 | (1) Any person registered under the Habitual Child Sex | ||||||
9 | Offender
Registration Act or the Child Sex Offender | ||||||
10 | Registration Act prior to January
1, 1996, shall be deemed | ||||||
11 | initially registered as of January 1, 1996; however,
this | ||||||
12 | shall not be construed to extend the duration of | ||||||
13 | registration set forth
in Section 7.
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14 | (2) Except as provided in subsection (c)(4), any person | ||||||
15 | convicted or
adjudicated prior to January 1, 1996, whose | ||||||
16 | liability for registration under
Section 7 has not expired, | ||||||
17 | shall register in person prior to January 31,
1996.
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18 | (2.5) Except as provided in subsection (c)(4), any | ||||||
19 | person who has not
been notified of his or her | ||||||
20 | responsibility to register shall be notified by a
criminal | ||||||
21 | justice entity of his or her responsibility to register. | ||||||
22 | Upon
notification the person must then register within 3 | ||||||
23 | days of notification of
his or her requirement to register. | ||||||
24 | If notification is not made within the
offender's 10 year | ||||||
25 | registration requirement, and the Department of State
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26 | Police determines no evidence exists or indicates the |
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1 | offender attempted to
avoid registration, the offender | ||||||
2 | will no longer be required to register under
this Act.
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3 | (3) Except as provided in subsection (c)(4), any person | ||||||
4 | convicted on
or after January 1, 1996, shall register in | ||||||
5 | person within 3 days after the
entry of the sentencing | ||||||
6 | order based upon his or her conviction.
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7 | (4) Any person unable to comply with the registration | ||||||
8 | requirements of
this Article because he or she is confined, | ||||||
9 | institutionalized,
or imprisoned in Illinois on or after | ||||||
10 | January 1, 1996, shall register in person
within 3 days of | ||||||
11 | discharge, parole or release.
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12 | (5) The person shall provide positive identification | ||||||
13 | and documentation
that substantiates proof of residence at | ||||||
14 | the registering address.
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15 | (6) The person shall pay a $20
initial registration fee | ||||||
16 | and
a $10
annual
renewal fee. The fees shall be used by the | ||||||
17 | registering agency for official
purposes. The agency shall | ||||||
18 | establish procedures to document receipt and use
of the | ||||||
19 | funds.
The law enforcement agency having jurisdiction may | ||||||
20 | waive the registration fee
if it determines that the person | ||||||
21 | is indigent and unable to pay the registration
fee.
Ten | ||||||
22 | dollars for the initial registration fee and $5 of the | ||||||
23 | annual renewal fee
shall be used by the registering agency | ||||||
24 | for official purposes. Ten dollars of
the initial | ||||||
25 | registration fee and $5 of the annual fee shall be | ||||||
26 | deposited into
the Sex Offender Management Board Fund under |
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1 | Section 19 of the Sex Offender
Management Board Act. Money | ||||||
2 | deposited into the Sex Offender Management Board
Fund shall | ||||||
3 | be administered by the Sex Offender Management Board and | ||||||
4 | shall be
used to
fund practices endorsed or required by the | ||||||
5 | Sex Offender Management Board Act
including but not limited | ||||||
6 | to sex offenders evaluation, treatment, or
monitoring | ||||||
7 | programs that are or may be developed, as well as for
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8 | administrative costs, including staff, incurred by the | ||||||
9 | Board.
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10 | (d) Within 3 days after obtaining or changing employment | ||||||
11 | and, if employed
on January 1, 2000, within 5 days after that | ||||||
12 | date, a person required to
register under this Section must | ||||||
13 | report, in person to the law
enforcement agency having | ||||||
14 | jurisdiction, the business name and address where he
or she is | ||||||
15 | employed. If the person has multiple businesses or work | ||||||
16 | locations,
every business and work location must be reported to | ||||||
17 | the law enforcement agency
having jurisdiction.
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18 | (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-994, | ||||||
19 | eff. 1-1-07; 95-229, eff. 8-16-07; 95-579, eff. 6-1-08; 95-640, | ||||||
20 | eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. 8-21-08.)
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21 | (730 ILCS 150/6) (from Ch. 38, par. 226)
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22 | Sec. 6. Duty to report; change of address, school, or | ||||||
23 | employment; duty
to inform.
A person who has been adjudicated | ||||||
24 | to be sexually dangerous or is a sexually
violent person and is | ||||||
25 | later released, or found to be no longer sexually
dangerous or |
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1 | no longer a sexually violent person and discharged, or | ||||||
2 | convicted of a violation of this Act after July 1, 2005, shall | ||||||
3 | report in
person to the law enforcement agency with whom he or | ||||||
4 | she last registered no
later than 90 days after the date of his | ||||||
5 | or her last registration and every 90
days thereafter and at | ||||||
6 | such other times at the request of the law enforcement agency | ||||||
7 | not to exceed 4 times a year. Such sexually dangerous or | ||||||
8 | sexually
violent person must report all new or changed e-mail | ||||||
9 | addresses, all new or changed instant messaging identities, all | ||||||
10 | new or changed chat room identities, and all other new or | ||||||
11 | changed Internet communications identities that the sexually | ||||||
12 | dangerous or sexually
violent person uses or plans to use, all | ||||||
13 | new or changed Uniform Resource Locators (URLs) registered or | ||||||
14 | used by the sexually dangerous or sexually
violent person, and | ||||||
15 | all new or changed blogs and other Internet sites maintained by | ||||||
16 | the sexually dangerous or sexually
violent person or to which | ||||||
17 | the sexually dangerous or sexually
violent person has uploaded | ||||||
18 | any content or posted any messages or information. Any person | ||||||
19 | who lacks a fixed residence must report weekly, in person, to | ||||||
20 | the appropriate law enforcement agency where the sex offender | ||||||
21 | is located. Any other person who is required to register under | ||||||
22 | this
Article shall report in person to the appropriate law | ||||||
23 | enforcement agency with
whom he or she last registered within | ||||||
24 | one year from the date of last
registration and every year | ||||||
25 | thereafter and at such other times at the request of the law | ||||||
26 | enforcement agency not to exceed 4 times a year. If any person |
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1 | required to register under this Article lacks a fixed residence | ||||||
2 | or temporary domicile, he or she must notify, in person, the | ||||||
3 | agency of jurisdiction of his or her last known address within | ||||||
4 | 3 days after ceasing to have a fixed residence and if the | ||||||
5 | offender leaves the last jurisdiction of residence, he or she, | ||||||
6 | must within 3 days after leaving register in person with the | ||||||
7 | new agency of jurisdiction. If any other person required to | ||||||
8 | register
under this Article changes his or her residence | ||||||
9 | address, place of
employment,
or school, he or she shall report | ||||||
10 | in
person to the law
enforcement agency
with whom he or she | ||||||
11 | last registered of his or her new address, change in
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12 | employment, or school, all new or changed e-mail addresses, all | ||||||
13 | new or changed instant messaging identities, all new or changed | ||||||
14 | chat room identities, and all other new or changed Internet | ||||||
15 | communications identities that the sex offender uses or plans | ||||||
16 | to use, all new or changed Uniform Resource Locators (URLs) | ||||||
17 | registered or used by the sex offender, and all new or changed | ||||||
18 | blogs and other Internet sites maintained by the sex offender | ||||||
19 | or to which the sex offender has uploaded any content or posted | ||||||
20 | any messages or information, and register, in person, with the | ||||||
21 | appropriate law enforcement
agency within the
time period | ||||||
22 | specified in Section 3. If the sex offender is a child sex | ||||||
23 | offender as defined in Section 11-9.3 or 11-9.4 of the Criminal | ||||||
24 | Code of 1961, the sex offender shall within 3 days after | ||||||
25 | beginning to reside in a household with a child under 18 years | ||||||
26 | of age who is not his or her own child, provided that his or her |
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1 | own child is not the victim of the sex offense, report that | ||||||
2 | information to the registering law enforcement agency. The law | ||||||
3 | enforcement agency shall, within 3
days of the reporting in | ||||||
4 | person by the person required to register under this Article, | ||||||
5 | notify the Department of State Police of the new place of | ||||||
6 | residence, change in
employment, or school.
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7 | If any person required to register under this Article | ||||||
8 | intends to establish a
residence or employment outside of the | ||||||
9 | State of Illinois, at least 10 days
before establishing that | ||||||
10 | residence or employment, he or she shall report in person to | ||||||
11 | the law enforcement agency with which he or she last registered | ||||||
12 | of his
or her out-of-state intended residence or employment. | ||||||
13 | The law enforcement agency with
which such person last | ||||||
14 | registered shall, within 3 days after the reporting in person | ||||||
15 | of the person required to register under this Article of an | ||||||
16 | address or
employment change, notify the Department of State | ||||||
17 | Police. The Department of
State Police shall forward such | ||||||
18 | information to the out-of-state law enforcement
agency having | ||||||
19 | jurisdiction in the form and manner prescribed by the
| ||||||
20 | Department of State Police.
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21 | (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-229, | ||||||
22 | eff. 8-16-07; 95-331, eff. 8-21-07; 95-640, eff. 6-1-08; | ||||||
23 | 95-876, eff. 8-21-08.) |