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Sen. John J. Cullerton
Filed: 3/15/2010
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| AMENDMENT TO SENATE BILL 3799
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| AMENDMENT NO. ______. Amend Senate Bill 3799 by replacing |
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| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the the |
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| Juvenile Violent Offender Against Youth Registration Act. |
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| Section 5. Definitions.
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| (a) As used in this Act, "juvenile violent offender against |
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| youth" means any person who is: |
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| (1) adjudicated a juvenile delinquent as the result of |
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| committing or attempting to commit an act which, if |
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| committed by an adult, would constitute any of the offenses |
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| specified in subsection (b) of this Section or a violation |
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| of any substantially similar federal, Uniform Code of |
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| Military Justice, sister state, or foreign country law, or |
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| found guilty under Article V of the Juvenile Court Act of |
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| 1987 of committing or attempting to commit an act which, if |
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| committed by an adult, would constitute any of the offenses |
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| specified in subsection (b) of this Section or a violation |
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| of any substantially similar federal, Uniform Code of |
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| Military Justice, sister state, or foreign country law.
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| Adjudications that result from or are connected with |
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| the same act, or result from offenses committed at the same |
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| time, shall be counted for the purpose of this Act as one |
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| adjudication. Any adjudication set aside pursuant to law is |
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| not an adjudication for purposes of this Act; or |
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| (2) charged as a juvenile pursuant to Illinois law, or |
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| any substantially similar federal, Uniform Code of |
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| Military Justice, sister state, or foreign country law, |
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| with a violent offense against youth set forth in |
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| subsection (b) of this Section or the attempt to commit an |
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| included violent offense against youth, and |
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| (A) is found not guilty by reason of insanity of |
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| such offense or an attempt to commit such offense; or |
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| (B) is found not guilty by reason of insanity |
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| pursuant to subsection (c) of Section 104-25 of the |
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| Code of Criminal Procedure of 1963 of such offense or |
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| an attempt to commit such offense; or |
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| (C) is the subject of a finding not resulting in an |
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| acquittal at a hearing conducted pursuant to |
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| subsection (a) of Section 104-25 of the Code of |
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| Criminal Procedure of 1963 for the alleged commission |
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| or attempted commission of such offense; or |
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| (D) is found not guilty by reason of insanity |
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| following a hearing conducted pursuant to a federal, |
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| Uniform Code of Military Justice, sister state, or |
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| foreign country law substantially similar to |
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| subsection (c) of Section 104-25 of the Code of |
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| Criminal Procedure of 1963 of such offense or of the |
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| attempted commission of such offense; or |
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| (E) is the subject of a finding not resulting in an |
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| acquittal at a hearing conducted pursuant to a federal, |
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| Uniform Code of Military Justice, sister state, or |
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| foreign country law substantially similar to |
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| subsection (c) of Section 104-25 of the Code of |
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| Criminal Procedure of 1963 for the alleged violation or |
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| attempted commission of such offense. |
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| (b) As used in this Act, "violent offense against youth" |
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| means: |
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| (1) A violation of any of the following Sections of the |
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| Criminal Code of 1961, when the victim is a person under 18 |
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| years of age, the defendant is not a parent of the victim, |
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| and the offense was committed on or after January 1, 1996: |
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| 10-1 (kidnapping), |
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| 10-2 (aggravated kidnapping), |
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| 10-3 (unlawful restraint), |
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| 10-3.1 (aggravated unlawful restraint). |
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| An attempt to commit any of these offenses. |
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| (2) Child abduction under paragraph (10) of subsection |
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| (b) of Section 10-5 of the Criminal Code of 1961 committed |
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| by luring or attempting to lure a child under the age of 16 |
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| into a motor vehicle, building, house trailer, or dwelling |
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| place without the consent of the parent or lawful custodian |
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| of the child for other than a lawful purpose and the |
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| offense was committed on or after January 1, 1998. |
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| (3) A violation or attempted violation of any of the |
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| following Sections of the Criminal Code of 1961 when the |
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| offense was committed on or after July 1, 1999:
10-4 |
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| (forcible detention, if the victim is under 18 years of |
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| age). |
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| (4) A violation of any former law of this State |
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| substantially equivalent to any offense listed in this |
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| subsection (b). |
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| (c) An adjudication for an offense of federal law, Uniform |
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| Code of Military Justice, or the law of another state or a |
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| foreign country that is substantially equivalent to any offense |
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| listed in subsections (b) of this Section shall constitute an |
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| adjudication for the purpose of this Act. |
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| (d) As used in this Act, "law enforcement agency having |
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| jurisdiction" means the Chief of Police in each of the |
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| municipalities in which the juvenile violent offender against |
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| youth expects to reside, work, or attend school (1) upon his or |
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| her discharge, parole or release or (2) during the service of |
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| his or her sentence of probation or conditional discharge, or |
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| the Sheriff of the county, in the event no Police Chief exists |
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| or if the juvenile offender intends to reside, work, or attend |
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| school in an unincorporated area. "Law enforcement agency |
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| having jurisdiction" includes the location where out-of-state |
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| students attend school and where out-of-state employees are |
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| employed or are otherwise required to register. |
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| (e) As used in this Act, "supervising officer" means the |
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| assigned Illinois Department of Corrections parole agent or |
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| county probation officer. |
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| (f) As used in this Act, "out-of-state student" means any |
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| juvenile violent offender against youth who is enrolled in |
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| Illinois, on a full time or part time basis, in any public or |
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| private educational institution, including, but not limited |
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| to, any secondary school, trade or professional institution, or |
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| institution of higher learning. |
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| (g) As used in this Act, "out-of-state employee" means any |
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| juvenile violent offender against youth who works in Illinois, |
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| regardless of whether the individual receives payment for |
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| services performed, for a period of time of 10 or more days or |
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| for an aggregate period of time of 30 or more days during any |
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| calendar year. Persons who operate motor vehicles in the State |
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| accrue one day of employment time for any portion of a day |
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| spent in Illinois. |
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| (h) As used in this Act, "school" means any public or |
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| private educational institution, including, but not limited |
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| to, any elementary or secondary school, trade or professional |
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| institution, or institution of higher education. |
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| (i) As used in this Act, "fixed residence" means any and |
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| all places that a juvenile violent offender against youth |
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| resides for an aggregate period of time of 3 or more days in a |
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| calendar year.
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| Section 10. Duty to register. |
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| (a) A juvenile violent offender against youth shall, within |
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| the time period prescribed in subsections (b) and (c), register |
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| in person and provide accurate information as required by the |
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| Department of State Police. Such information shall include a |
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| current photograph, current address, current place of |
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| employment, the employer's telephone number, school attended, |
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| extensions of the time period for registering as provided in |
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| this Act and, if an extension was granted, the reason why the |
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| extension was granted and the date the juvenile violent |
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| offender against youth was notified of the extension. The |
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| juvenile violent offender against youth shall register: |
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| (1) with the chief of police in the municipality in |
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| which he or she resides or is temporarily domiciled for a |
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| period of time of 3 or more days, unless the municipality |
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| is the City of Chicago, in which case he or she shall |
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| register at the Chicago Police Department Headquarters; or |
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| (2) with the sheriff in the county in which he or she |
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| resides or is temporarily domiciled for a period of time of |
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| 3 or more days in an unincorporated area or, if |
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| incorporated, no police chief exists. |
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| If the juvenile violent offender against youth is |
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| employed at or attends an institution of higher education, |
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| he or she shall register: |
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| (i) with the chief of police in the municipality in |
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| which he or she is employed at or attends an institution of |
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| higher education, unless the municipality is the City of |
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| Chicago, in which case he or she shall register at the |
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| Chicago Police Department Headquarters; or |
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| (ii) with the sheriff in the county in which he or she |
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| is employed or attends an institution of higher education |
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| located in an unincorporated area, or if incorporated, no |
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| police chief exists. |
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| For purposes of this Act, the place of residence or |
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| temporary domicile is defined as any and all places where the |
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| juvenile violent offender against youth resides for an |
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| aggregate period of time of 3 or more days during any calendar |
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| year. Any person required to register under this Act who lacks |
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| a fixed address or temporary domicile must notify, in person, |
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| the agency of jurisdiction of his or her last known address |
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| within 3 days after ceasing to have a fixed residence. |
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| Any person who lacks a fixed residence must report weekly, |
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| in person, with the sheriff's office of the county in which he |
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| or she is located in an unincorporated area, or with the chief |
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| of police in the municipality in which he or she is located. |
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| The agency of jurisdiction will document each weekly |
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| registration to include all the locations where the person has |
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| stayed during the past 7 days.
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| The juvenile violent offender against youth shall provide |
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| accurate information as required by the Department of State |
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| Police. That information shall include the current place of |
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| employment of the juvenile violent offender against youth. |
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| (a-5) An out-of-state student or out-of-state employee |
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| shall, within 3 days after beginning school or employment in |
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| this State, register in person and provide accurate information |
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| as required by the Department of State Police. Such information |
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| will include current place of employment, school attended, and |
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| address in state of residence. The out-of-state student or |
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| out-of-state employee shall register: |
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| (1) with the chief of police in the municipality in |
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| which he or she attends school or is employed for a period |
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| of time of 3 or more days or for an aggregate period of |
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| time of more than 30 days during any calendar year, unless |
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| the municipality is the City of Chicago, in which case he |
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| or she shall register at the Chicago Police Department |
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| Headquarters; or |
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| (2) with the sheriff in the county in which he or she |
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| attends school or is employed for a period of time of 3 or |
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| more days or for an aggregate period of time of more than |
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| 30 days during any calendar year in an unincorporated area |
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| or, if incorporated, no police chief exists. |
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| The out-of-state student or out-of-state employee shall |
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| provide accurate information as required by the Department of |
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| State Police. That information shall include the out-of-state |
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| student's current place of school attendance or the |
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| out-of-state employee's current place of employment. |
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| (b) Any juvenile violent offender against youth regardless |
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| of any initial, prior, or other registration, shall, within 3 |
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| days of beginning school, or establishing a residence, place of |
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| employment, or temporary domicile in any county, register in |
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| person as set forth in subsection (a) or (a 5). |
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| (c) The registration for any person required to register |
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| under this Act shall be as follows: |
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| (1) Any person registered under the Child Murderer and |
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| Violent Offender Against Youth Registration for an |
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| adjudication of a violent offense against youth prior to |
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| July 1, 2011 shall be deemed initially registered as of |
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| July 1, 2011l; however, this shall not be construed to |
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| extend the duration of registration set forth in Section |
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| 45. |
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| (2) Except as provided in paragraph (5) of this |
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| subsection (c), any person adjudicated prior to July 1, |
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| 2011, whose liability for registration under Section 45 has |
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| not expired, shall register in person with the appropriate |
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| law enforcement agency with whom he or she last registered |
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| with within one year from the date of last registration |
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| under the Child Murderer and Violent Offender Against Youth |
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| Registration Act. |
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| (3) Except as provided in paragraph (5) of this |
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| subsection (c), any person who has not been notified of his |
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| or her responsibility to register shall be notified by a |
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| criminal justice entity of his or her responsibility to |
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| register. Upon notification the person must then register |
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| within 3 days of notification of his or her requirement to |
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| register. If notification is not made within the juvenile |
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| offender's 10 year registration requirement, and the |
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| Department of State Police determines no evidence exists or |
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| indicates the juvenile offender attempted to avoid |
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| registration, the juvenile offender will no longer be |
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| required to register under this Act. |
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| (4) Except as provided in paragraph (3) of this |
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| subsection (c), any person adjudicated on or after the |
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| effective date of this Act shall register in person within |
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| 3 days after the entry of the sentencing order based upon |
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| his or her adjudication. |
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| (5) Any person unable to comply with the registration |
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| requirements of this Act because he or she is confined, |
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| institutionalized, or imprisoned in Illinois on or after |
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| the effective date of this Act shall register in person |
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| within 3 days of discharge, parole or release. |
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| (6) The person shall provide positive identification |
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| and documentation that substantiates proof of residence at |
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| the registering address. |
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| (7) The person shall pay a $20 initial registration fee |
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| and a $10 annual renewal fee. The fees shall be deposited |
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| into the Child Murderer and Violent Offender Against Youth |
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| Registration Fund. The fees shall be used by the |
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| registering agency for official purposes. The agency shall |
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| establish procedures to document receipt and use of the |
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| funds. |
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| The law enforcement agency having jurisdiction may waive |
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| the registration fee if it determines that the person is |
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| indigent and unable to pay the registration fee. |
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| (d) Within 3 days after obtaining or changing employment, a |
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| person required to register under this Section must report, in |
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| person to the law enforcement agency having jurisdiction, the |
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| business name and address where he or she is employed. If the |
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| person has multiple businesses or work locations, every |
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| business and work location must be reported to the law |
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| enforcement agency having jurisdiction.
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| Section 15. Transfer from the sex offender registry.
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| (a) The registration information for a person registered under |
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| the Sex Offender Registration Act or the Juvenile Sex Offender |
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| Registration Act who was adjudicated for an offense listed in |
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| subsection (b) of Section 5 of this Act may only be transferred |
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| to the Juvenile Violent Offender Against Youth Registry if all |
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| the following conditions are met: |
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| (1) The juvenile offender's sole offense requiring |
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| registration was an adjudication for an offense or offenses |
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| listed in subsection (b) of Section 5 of this Act. |
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| (2) The State's Attorney's Office in the county in |
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| which the juvenile offender was adjudicated has verified, |
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| on a form prescribed by the Illinois State Police, that the |
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| person's crime that required or requires registration was |
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| not sexually motivated as defined in Section 10 of the Sex |
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| Offender Management Board Act. |
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| (3) The completed form has been received by the |
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| registering law enforcement agency and the Illinois State |
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| Police's Sex Offender Registration Unit. |
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| (b) Transfer under this Section shall not extend the |
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| registration period for juvenile offenders who were registered |
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| under the Sex Offender Registration Act or the Juvenile |
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| Registration Act.
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| Section 20. Discharge of juvenile violent offender against |
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| youth. Discharge of juvenile violent offender against youth |
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| from Department of Corrections facility or other penal |
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| institution; duties of official in charge. Any juvenile violent |
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| offender against youth who is discharged, paroled, or released |
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| from a Department of Corrections facility, a facility where |
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| such person was placed by the Department of Corrections or |
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| another penal institution, and whose liability for |
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| registration has not terminated under Section 40 shall, prior |
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| to discharge, parole or release from the facility or |
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| institution, be informed of his or her duty to register in |
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| person within 3 days of release by the facility or institution |
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| in which he or she was confined. The facility or institution |
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| shall also inform any person who must register that if he or |
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| she establishes a residence outside of the State of Illinois, |
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| is employed outside of the State of Illinois, or attends school |
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| outside of the State of Illinois, he or she must register in |
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| the new state within 3 days after establishing the residence, |
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| beginning employment, or beginning school. |
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| The facility shall require the person to read and sign such |
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| form as may be required by the Department of State Police |
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| stating that the duty to register and the procedure for |
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| registration has been explained to him or her and that he or |
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| she understands the duty to register and the procedure for |
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| registration. The facility shall further advise the person in |
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| writing that the failure to register or other violation of this |
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| Act shall result in revocation of parole, mandatory supervised |
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| release or conditional release. The facility shall obtain |
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| information about where the person expects to reside, work, and |
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| attend school upon his or her discharge, parole or release and |
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| shall report the information to the Department of State Police. |
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| The facility shall give one copy of the form to the person and |
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| shall send one copy to each of the law enforcement agencies |
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| having jurisdiction where the person expects to reside, work, |
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| and attend school upon his or her discharge, parole or release |
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| and retain one copy for the files. Electronic data files which |
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| includes all notification form information and photographs of |
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| juvenile violent offenders against youth being released from an |
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| Illinois Department of Corrections facility will be shared on a |
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| regular basis as determined between the Department of State |
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| Police and the Department of Corrections.
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| Section 25. Release of juvenile violent offender against |
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| youth; duties of the Court. Any juvenile violent offender |
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| against youth who is released on probation or discharged upon |
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| payment of a fine because of the commission of one of the |
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| offenses defined in subsection (b) of Section 5 of this Act, |
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| shall, prior to such release be informed of his or her duty to |
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| register under this Act by the Court in which he or she was |
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| adjudicated. The Court shall also inform any person who must |
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| register that if he or she establishes a residence outside of |
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| the State of Illinois, is employed outside of the State of |
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| Illinois, or attends school outside of the State of Illinois, |
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| he or she must register in the new state within 3 days after |
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| establishing the residence, beginning employment, or beginning |
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| school. The Court shall require the person to read and sign |
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| such form as may be required by the Department of State Police |
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| stating that the duty to register and the procedure for |
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| registration has been explained to him or her and that he or |
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| she understands the duty to register and the procedure for |
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| registration. The Court shall further advise the person in |
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| writing that the failure to register or other violation of this |
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| Act shall result in probation revocation. The Court shall |
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| obtain information about where the person expects to reside, |
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| work, and attend school upon his or her release, and shall |
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| report the information to the Department of State Police. The |
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| Court shall give one copy of the form to the person and retain |
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| the original in the court records. The Department of State |
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| Police shall notify the law enforcement agencies having |
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| jurisdiction where the person expects to reside, work and |
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| attend school upon his or her release. |
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| Section 30. Discharge of juvenile violent offender against |
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| youth from hospital. Discharge of juvenile violent offender |
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| against youth from a hospital or other treatment facility; |
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| duties of the official in charge. Any juvenile violent offender |
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| against youth who is discharged or released from a hospital or |
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| other treatment facility where he or she was confined shall be |
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| informed by the hospital or treatment facility in which he or |
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| she was confined, prior to discharge or release from the |
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| hospital or treatment facility, of his or her duty to register |
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| under this Act. |
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| The facility shall require the person to read and sign such |
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| form as may be required by the Department of State Police |
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| stating that the duty to register and the procedure for |
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| registration have been explained to him or her and that he or |
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| she understands the duty to register and the procedure for |
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| registration. The facility shall give one copy of the form to |
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| the person, retain one copy for its records, and forward the |
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| original to the Department of State Police. The facility shall |
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| obtain information about where the person expects to reside, |
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| work, and attend school upon his or her discharge, parole, or |
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| release and shall report the information to the Department of |
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| State Police within 3 days. The facility or institution shall |
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| also inform any person who must register that if he or she |
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| establishes a residence outside of the State of Illinois, is |
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| employed outside of the State of Illinois, or attends school |
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| outside of the State of Illinois, he or she must register in |
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| the new state within 5 days after establishing the residence, |
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| beginning school, or beginning employment. The Department of |
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| State Police shall notify the law enforcement agencies having |
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| jurisdiction where the person expects to reside, work, and |
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| attend school upon his or her release.
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| Section 35. Duty to report; change of address, school, or |
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| employment; duty to inform. Duty to report; change of address, |
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| school, or employment; duty to inform. Any juvenile violent |
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| offender against youth who is required to register under this |
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| Act shall report in person to the appropriate law enforcement |
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| agency with whom he or she last registered within one year from |
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| the date of last registration and every year thereafter and at |
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| such other times at the request of the law enforcement agency |
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| not to exceed 4 times a year. If any person required to |
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| register under this Act lacks a fixed residence or temporary |
24 |
| domicile, he or she must notify, in person, the agency of |
25 |
| jurisdiction of his or her last known address within 3 days |
|
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| after ceasing to have a fixed residence and if the juvenile |
2 |
| offender leaves the last jurisdiction of residence, he or she |
3 |
| must, within 48 hours after leaving, register in person with |
4 |
| the new agency of jurisdiction. |
5 |
| If any other person required to register under this Act |
6 |
| changes his or her residence address, place of employment, or |
7 |
| school, he or she shall report in person to the law enforcement |
8 |
| agency with whom he or she last registered of his or her new |
9 |
| address, change in employment, or school and register, in |
10 |
| person, with the appropriate law enforcement agency within the |
11 |
| time period specified in Section 10. The law enforcement agency |
12 |
| shall, within 3 days of the reporting in person by the person |
13 |
| required to register under this Act, notify the Department of |
14 |
| State Police of the new place of residence, change in |
15 |
| employment, or school.
If any person required to register under |
16 |
| this Act intends to establish a residence or employment outside |
17 |
| of the State of Illinois, at least 10 days before establishing |
18 |
| that residence or employment, he or she shall report in person |
19 |
| to the law enforcement agency with which he or she last |
20 |
| registered of his or her out-of-state intended residence or |
21 |
| employment. The law enforcement agency with which such person |
22 |
| last registered shall, within 3 days after the reporting in |
23 |
| person of the person required to register under this Act of an |
24 |
| address or employment change, notify the Department of State |
25 |
| Police. The Department of State Police shall forward such |
26 |
| information to the out-of-state law enforcement agency having |
|
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| jurisdiction in the form and manner prescribed by the |
2 |
| Department of State Police.
|
3 |
| Section 40. Out-of-State employee or student; duty to |
4 |
| report change. Every out-of-state student or out-of-state |
5 |
| employee must notify the agency having jurisdiction of any |
6 |
| change of employment or change of educational status, in |
7 |
| writing, within 3 days of the change. The law enforcement |
8 |
| agency shall, within 3 days after receiving the notice, enter |
9 |
| the appropriate changes into LEADS. |
10 |
| Section 45. Duration of registration. A person who becomes |
11 |
| subject to registration under this Article who has previously |
12 |
| been subject to registration under this Article, under the Sex |
13 |
| Offender Registration Act, or under the Juvenile Sex Offender |
14 |
| Registration Act or similar registration requirements of other |
15 |
| jurisdictions shall register for the period of his or her |
16 |
| natural life if not confined to a penal institution, hospital, |
17 |
| or other institution or facility, and if confined, for the |
18 |
| period of his or her natural life after parole, discharge, or |
19 |
| release from any such facility. Any other person who is |
20 |
| required to register under this Act shall be required to |
21 |
| register for a period of 10 years after adjudication if not |
22 |
| confined to a penal institution, hospital or any other |
23 |
| institution or facility, and if confined, for a period of 10 |
24 |
| years after parole, discharge or release from any such |
|
|
|
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|
1 |
| facility. A juvenile violent offender against youth who is |
2 |
| allowed to leave a county, State, or federal facility for the |
3 |
| purposes of work release, education, or overnight visitations |
4 |
| shall be required to register within 3 days of beginning such a |
5 |
| program. Liability for registration terminates at the |
6 |
| expiration of 10 years from the date of adjudication if not |
7 |
| confined to a penal institution, hospital or any other |
8 |
| institution or facility and if confined, at the expiration of |
9 |
| 10 years from the date of parole, discharge or release from any |
10 |
| such facility, providing such person does not, during that |
11 |
| period, again become liable to register under the provisions of |
12 |
| this Act. Reconfinement due to a violation of parole or other |
13 |
| circumstances that relates to the original adjudication shall |
14 |
| extend the period of registration to 10 years after final |
15 |
| parole, discharge, or release. The Director of State Police, |
16 |
| consistent with administrative rules, shall extend for 10 years |
17 |
| the registration period of any juvenile violent offender |
18 |
| against youth who fails to comply with the provisions of this |
19 |
| Act. The registration period for any juvenile violent offender |
20 |
| against youth who fails to comply with any provision of the Act |
21 |
| shall extend the period of registration by 10 years beginning |
22 |
| from the first date of registration after the violation. If the |
23 |
| registration period is extended, the Department of State Police |
24 |
| shall send a registered letter to the law enforcement agency |
25 |
| where the juvenile violent offender against youth resides |
26 |
| within 3 days after the extension of the registration period. |
|
|
|
09600SB3799sam001 |
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|
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| The juvenile violent offender against youth shall report to |
2 |
| that law enforcement agency and sign for that letter. One copy |
3 |
| of that letter shall be kept on file with the law enforcement |
4 |
| agency of the jurisdiction where the juvenile violent offender |
5 |
| against youth resides and one copy shall be returned to the |
6 |
| Department of State Police. |
7 |
| Section 50. Registration requirements. Registration as |
8 |
| required by this Act shall consist of a statement in writing |
9 |
| signed by the person giving the information that is required by |
10 |
| the Department of State Police, which may include the |
11 |
| fingerprints and must include a current photograph of the |
12 |
| person, to be updated annually. The registration information |
13 |
| must include whether the person is a juvenile violent offender |
14 |
| against youth. Within 3 days, the registering law enforcement |
15 |
| agency shall forward any required information to the Department |
16 |
| of State Police. The registering law enforcement agency shall |
17 |
| enter the information into the Law Enforcement Agencies Data |
18 |
| System (LEADS) as provided in Sections 6 and 7 of the |
19 |
| Intergovernmental Missing Child Recovery Act of 1984. |
20 |
| Section 55. Verification requirements.
|
21 |
| (a) The agency having jurisdiction shall verify the address |
22 |
| of juvenile violent offenders against youth required to |
23 |
| register with their agency at least once per year. The |
24 |
| verification must be documented in LEADS in the form and manner |
|
|
|
09600SB3799sam001 |
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|
1 |
| required by the Department of State Police. |
2 |
| (b) The supervising officer shall, within 15 days of |
3 |
| sentencing to probation or release from an Illinois Department |
4 |
| of Corrections facility or similar facility, contact the law |
5 |
| enforcement agency in the jurisdiction which the juvenile |
6 |
| violent offender against youth designated as his or her |
7 |
| intended residence and verify compliance with the requirements |
8 |
| of this Act. Revocation proceedings shall be immediately |
9 |
| commenced against a juvenile violent offender against youth on |
10 |
| probation, parole, or mandatory supervised release who fails to |
11 |
| comply with the requirements of this Act.
|
12 |
| Section 60. Public inspection of registration data. Except |
13 |
| as provided in this Act, the statements or any other |
14 |
| information required by this Act shall not be open to |
15 |
| inspection by the public, or by any person other than by a law |
16 |
| enforcement officer or other individual as may be authorized by |
17 |
| law and shall include law enforcement agencies of this State, |
18 |
| any other state, or of the federal government. Similar |
19 |
| information may be requested from any law enforcement agency of |
20 |
| another state or of the federal government for purposes of this |
21 |
| Act. It is a Class B misdemeanor to permit the unauthorized |
22 |
| release of any information required by this Act. |
23 |
| Section 65. Penalty. Any person who is required to register |
24 |
| under this Act who violates any of the provisions of this Act |
|
|
|
09600SB3799sam001 |
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| and any person who is required to register under this Act who |
2 |
| seeks to change his or her name under Article 21 of the Code of |
3 |
| Civil Procedure is guilty of a Class 3 felony. Any person who |
4 |
| is adjudicated or convicted for a violation of this Act for a |
5 |
| second or subsequent time is guilty of a Class 2 felony. Any |
6 |
| person who is required to register under this Act who knowingly |
7 |
| or wilfully gives material information required by this Act |
8 |
| that is false is guilty of a Class 3 felony. Any person |
9 |
| adjudicated or convicted of a violation of any provision of |
10 |
| this Act shall, in addition to any other penalty required by |
11 |
| law, be required to serve a minimum period of 7 days |
12 |
| confinement in the local county jail. The court shall impose a |
13 |
| mandatory minimum fine of $500 for failure to comply with any |
14 |
| provision of this Act. These fines shall be deposited into the |
15 |
| Child Murderer and Violent Offender Against Youth Registration |
16 |
| Fund. Any juvenile violent offender against youth who violates |
17 |
| any provision of this Act may be arrested and tried in any |
18 |
| Illinois county where the juvenile violent offender against |
19 |
| youth can be located. The local police department or sheriff's |
20 |
| office is not required to determine whether the person is |
21 |
| living within its jurisdiction. |
22 |
| Section 70. Child Murderer and Violent Offender Against |
23 |
| Youth Registration Fund. There is created the Child Murderer |
24 |
| and Violent Offender Against Youth Registration Fund. Moneys in |
25 |
| the Fund shall be used to cover costs incurred by the criminal |
|
|
|
09600SB3799sam001 |
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LRB096 20806 RLC 39001 a |
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|
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| justice system to administer this Act and the Child Murderer |
2 |
| Registration Act. The Department of State Police shall |
3 |
| establish and promulgate rules and procedures regarding the |
4 |
| administration of this Fund. Fifty percent of the moneys in the |
5 |
| Fund shall be allocated by the Department for sheriffs' offices |
6 |
| and police departments. The remaining moneys in the Fund shall |
7 |
| be allocated to the Illinois State Police for education and |
8 |
| administration of this Act and the Child Murderer Registration |
9 |
| Act. |
10 |
| Section 75. Access to State of Illinois databases. The |
11 |
| Department of State Police shall have access to State of |
12 |
| Illinois databases containing information that may help in the |
13 |
| identification or location of persons required to register |
14 |
| under this Act. Interagency agreements shall be implemented, |
15 |
| consistent with security and procedures established by the |
16 |
| State agency and consistent with the laws governing the |
17 |
| confidentiality of the information in the databases. |
18 |
| Information shall be used only for administration of this Act. |
19 |
| Section 80. Juvenile Violent Offender Against Youth |
20 |
| Database. |
21 |
|
(a) The Department of State Police shall establish and |
22 |
| maintain a Statewide Juvenile Violent Offender Against Youth |
23 |
| Database for the purpose of identifying juvenile violent |
24 |
| offenders against youth. The Database shall be created from the |
|
|
|
09600SB3799sam001 |
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|
1 |
| Law Enforcement Agencies Data System (LEADS) established under |
2 |
| Section 6 of the Intergovernmental Missing Child Recovery Act |
3 |
| of 1984. The Department of State Police shall examine its LEADS |
4 |
| database for persons registered as juvenile violent offenders |
5 |
| against youth under this Act and shall identify those who are |
6 |
| juvenile violent offenders against youth and shall add all the |
7 |
| information, including photographs if available, on those |
8 |
| juvenile violent offenders against youth to the Statewide |
9 |
| Juvenile Violent Offender Against Youth Database. |
10 |
| (b) The Department of State Police must develop and conduct |
11 |
| training to educate all those entities involved in the Juvenile |
12 |
| Violent Offender Against Youth Registration Program.
|
13 |
| Section 85. Verification that offense was not sexually |
14 |
| motivated. Any person who is adjudicated of any of the offenses |
15 |
| listed in subsection (b) of Section 5 of this Act on or after |
16 |
| the effective date of this Act, shall be required to register |
17 |
| as a juvenile offender on the Juvenile Violent Offender Against |
18 |
| Youth Registry if, at the time of sentencing, the sentencing |
19 |
| court verifies in writing that the offense was not sexually |
20 |
| motivated as defined in Section 10 of the Sex Offender |
21 |
| Management Board Act. If the offense was sexually motivated, |
22 |
| the juvenile offender shall be required to register pursuant to |
23 |
| the Juvenile Sex Offender Registration Act. |
24 |
| Section 90. List of juvenile violent offenders against |
|
|
|
09600SB3799sam001 |
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LRB096 20806 RLC 39001 a |
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|
1 |
| youth; list of facilities, schools, and institutions of higher |
2 |
| education. The Department of State Police shall promulgate |
3 |
| rules to develop a list of juvenile violent offenders against |
4 |
| youth covered by this Act and a list of child care facilities, |
5 |
| schools, and institutions of higher education eligible to |
6 |
| receive notice under this Act, so that the list can be |
7 |
| disseminated in a timely manner to law enforcement agencies |
8 |
| having jurisdiction. |
9 |
| Section 95. Community notification of juvenile violent |
10 |
| offenders against youth. |
11 |
|
(a) The sheriff of the county, except Cook County, shall |
12 |
| disclose to the following the name, address, date of birth, |
13 |
| place of employment, school attended, and offense or |
14 |
| adjudication of all juvenile violent offenders against youth |
15 |
| required to register under Section 10 of this Act: |
16 |
| (1) The boards of institutions of higher education or |
17 |
| other appropriate administrative offices of each |
18 |
| non-public institution of higher education located in the |
19 |
| county where the juvenile violent offender against youth is |
20 |
| required to register, resides, is employed, or is attending |
21 |
| an institution of higher education; and |
22 |
| (2) School boards of public school districts and the |
23 |
| principal or other appropriate administrative officer of |
24 |
| each nonpublic school located in the county where the |
25 |
| violent offender against youth is required to register or |
|
|
|
09600SB3799sam001 |
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LRB096 20806 RLC 39001 a |
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|
1 |
| is employed; and |
2 |
| (3) Child care facilities located in the county where |
3 |
| the violent offender against youth is required to register |
4 |
| or is employed; and |
5 |
| (4) Libraries located in the county where the violent |
6 |
| offender against youth is required to register or is |
7 |
| employed. |
8 |
| (a-2) The sheriff of Cook County shall disclose to the |
9 |
| following the name, address, date of birth, place of |
10 |
| employment, school attended, and offense or adjudication of all |
11 |
| juvenile violent offenders against youth required to register |
12 |
| under Section 10 of this Act: |
13 |
| (1) School boards of public school districts and the |
14 |
| principal or other appropriate administrative officer of |
15 |
| each nonpublic school located within the region of Cook |
16 |
| County, as those public school districts and nonpublic |
17 |
| schools are identified in LEADS, other than the City of |
18 |
| Chicago, where the juvenile violent offender against youth |
19 |
| is required to register or is employed; |
20 |
| (2) Child care facilities located within the region of |
21 |
| Cook County, as those child care facilities are identified |
22 |
| in LEADS, other than the City of Chicago, where the |
23 |
| juvenile violent offender against youth is required to |
24 |
| register or is employed; |
25 |
| (3) The boards of institutions of higher education or |
26 |
| other appropriate administrative offices of each |
|
|
|
09600SB3799sam001 |
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LRB096 20806 RLC 39001 a |
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|
1 |
| non-public institution of higher education located in the |
2 |
| county, other than the City of Chicago, where the juvenile |
3 |
| violent offender against youth is required to register, |
4 |
| resides, is employed, or attending an institution of higher |
5 |
| education; |
6 |
| (4) Libraries located in the county, other than the |
7 |
| City of Chicago, where the violent offender against youth |
8 |
| is required to register, resides, is employed, or is |
9 |
| attending an institution of higher education. |
10 |
| (a-3) The Chicago Police Department shall disclose to the |
11 |
| following the name, address, date of birth, place of |
12 |
| employment, school attended, and offense or adjudication of all |
13 |
| juvenile violent offenders against youth required to register |
14 |
| under Section 10 of this Act: |
15 |
| (1) School boards of public school districts and the |
16 |
| principal or other appropriate administrative officer of |
17 |
| each nonpublic school located in the police district where |
18 |
| the juvenile violent offender against youth is required to |
19 |
| register or is employed if the juvenile offender is |
20 |
| required to register or is employed in the City of Chicago;
|
21 |
| (2) Child care facilities located in the police |
22 |
| district where the juvenile violent offender against youth |
23 |
| is required to register or is employed if the juvenile |
24 |
| offender is required to register or is employed in the City |
25 |
| of Chicago; |
26 |
| (3) The boards of institutions of higher education or |
|
|
|
09600SB3799sam001 |
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LRB096 20806 RLC 39001 a |
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|
1 |
| other appropriate administrative offices of each |
2 |
| non-public institution of higher education located in the |
3 |
| police district where the juvenile violent offender |
4 |
| against youth is required to register, resides, is |
5 |
| employed, or attending an institution of higher education |
6 |
| in the City of Chicago; and |
7 |
| (4) Libraries located in the police district where the |
8 |
| juvenile violent offender against youth is required to |
9 |
| register or is employed if the offender is required to |
10 |
| register or is employed in the City of Chicago. |
11 |
| (a-4) The Department of State Police shall provide a list |
12 |
| of juvenile violent offenders against youth required to |
13 |
| register to the Illinois Department of Children and Family |
14 |
| Services. |
15 |
| (b) The Department of State Police and any law enforcement |
16 |
| agency may disclose, in the Department's or agency's |
17 |
| discretion, the following information to any person likely to |
18 |
| encounter a juvenile violent offender against youth: |
19 |
| (1) The juvenile offender's name, address, and date of |
20 |
| birth; |
21 |
| (2) The offense for which the offender was convicted; |
22 |
| (3) The juvenile offender's photograph or other such |
23 |
| information that will help
identify the juvenile violent |
24 |
| offender against youth; and |
25 |
| (4) Juvenile offender employment information, to |
26 |
| protect
public safety.
|
|
|
|
09600SB3799sam001 |
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|
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| Section 100. Notification regarding juvenile offenders. |
2 |
| (a) The Department of State Police and any law enforcement |
3 |
| agency having jurisdiction may, in the Department's or agency's |
4 |
| discretion, only provide the information specified in |
5 |
| subsection (b) of Section 95, with respect to an adjudicated |
6 |
| juvenile delinquent, to any person when that person's safety |
7 |
| may be compromised for some reason related to the juvenile |
8 |
| violent offender against youth. |
9 |
| (b) The local law enforcement agency having jurisdiction to |
10 |
| register the juvenile violent offender against youth shall |
11 |
| ascertain from the juvenile violent offender against youth |
12 |
| whether the juvenile violent offender against youth is enrolled |
13 |
| in school; and if so, shall provide a copy of the juvenile |
14 |
| violent offender against youth registration form only to the |
15 |
| principal or chief administrative officer of the school and any |
16 |
| guidance counselor designated by him or her. The registration |
17 |
| form shall be kept separately from any and all school records |
18 |
| maintained on behalf of the juvenile violent offender against |
19 |
| youth.
|
20 |
| Section 105. Special alerts. A law enforcement agency |
21 |
| having jurisdiction may provide to the public a special alert |
22 |
| list warning parents to be aware that juvenile violent |
23 |
| offenders against youth may attempt to contact children during |
24 |
| holidays involving children, such as Halloween, Christmas, and |
|
|
|
09600SB3799sam001 |
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LRB096 20806 RLC 39001 a |
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|
1 |
| Easter.
|
2 |
| Section 110. The Sex Offender Registration Act is amended |
3 |
| by changing the title of the Act and Sections 1, 2, 3, 3-5, 4, |
4 |
| 5, 5-5, 6, 7, 8, 8-5, 9, and 10 as follows:
|
5 |
| (730 ILCS 150/Act title)
|
6 |
| AN ACT to require the registration of sex offenders and
in |
7 |
| relation to the confidentiality of information concerning |
8 |
| minor victims
of juvenile sex offenses and concerning missing |
9 |
| children. (Article I)
|
10 |
| (730 ILCS 150/1) (from Ch. 38, par. 221)
|
11 |
| Sec. 1. Short title. This Article may be cited
as the |
12 |
| Juvenile Sex Offender Registration Act.
|
13 |
| (Source: P.A. 89-8, eff. 1-1-96.)
|
14 |
| (730 ILCS 150/2) (from Ch. 38, par. 222)
|
15 |
| Sec. 2. Definitions.
|
16 |
| (A) As used in this Article, " juvenile sex offender" means |
17 |
| any person who is:
|
18 |
| (1) adjudicated a juvenile delinquent as the result of |
19 |
| committing or attempting to commit an act which, if |
20 |
| committed by an adult, would constitute any of the offenses |
21 |
| specified in item (B) or (C) of this Section or a violation |
22 |
| of any substantially similar federal, Uniform Code of |
|
|
|
09600SB3799sam001 |
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|
1 |
| Military Justice, sister state, or foreign country law, or |
2 |
| found guilty under Article V of the Juvenile Court Act of |
3 |
| 1987 of committing or attempting to commit an act which, if |
4 |
| committed by an adult, would constitute any of the offenses |
5 |
| specified in item (B) or (C) of this Section or a violation |
6 |
| of any substantially similar federal, Uniform Code of |
7 |
| Military Justice, sister state, or foreign country law. |
8 |
| Adjudications that result from or are connected with |
9 |
| the same act, or result from offenses committed at the same |
10 |
| time, shall be counted for the purpose of this Article as |
11 |
| one adjudication. Any adjudication set aside pursuant to |
12 |
| law is not an adjudication for purposes of this Article; or
|
13 |
| (2) (1) charged as a juvenile pursuant to Illinois law, |
14 |
| or any substantially similar
federal, Uniform Code of |
15 |
| Military Justice, sister state, or foreign country
law,
|
16 |
| with a sex offense set forth
in subsection (B) of this |
17 |
| Section or the attempt to commit an included sex
offense, |
18 |
| and:
|
19 |
| (a) (blank) is convicted of such offense or an |
20 |
| attempt to commit such offense ;
or
|
21 |
| (b) is found not guilty by reason of insanity of |
22 |
| such offense or an
attempt to commit such offense; or
|
23 |
| (c) is found not guilty by reason of insanity |
24 |
| pursuant to Section
104-25(c) of the Code of Criminal |
25 |
| Procedure of 1963 of such offense or an
attempt to |
26 |
| commit such offense; or
|
|
|
|
09600SB3799sam001 |
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|
1 |
| (d) is the subject of a finding not resulting in an |
2 |
| acquittal at a
hearing conducted pursuant to Section |
3 |
| 104-25(a) of the Code of Criminal
Procedure of 1963 for |
4 |
| the alleged commission or attempted commission of such
|
5 |
| offense; or
|
6 |
| (e) is found not guilty by reason of insanity |
7 |
| following a hearing
conducted pursuant to a federal, |
8 |
| Uniform Code of Military Justice, sister
state, or |
9 |
| foreign country law
substantially similar to Section |
10 |
| 104-25(c) of the Code of Criminal Procedure
of 1963 of |
11 |
| such offense or of the attempted commission of such |
12 |
| offense; or
|
13 |
| (f) is the subject of a finding not resulting in an |
14 |
| acquittal at a
hearing conducted pursuant to a federal, |
15 |
| Uniform Code of Military Justice,
sister state, or |
16 |
| foreign country law
substantially similar to Section |
17 |
| 104-25(a) of the Code of Criminal Procedure
of 1963 for |
18 |
| the alleged violation or attempted commission of such |
19 |
| offense;
or
|
20 |
| (3) (2) certified as a sexually dangerous person |
21 |
| pursuant to the Illinois
Sexually Dangerous Persons Act, or |
22 |
| any substantially similar federal, Uniform
Code of |
23 |
| Military Justice, sister
state, or foreign country law; or
|
24 |
| (4) (3) subject to the provisions of Section 2 of the |
25 |
| Interstate
Agreements on Sexually Dangerous Persons Act; |
26 |
| or
|
|
|
|
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|
1 |
| (5) (4) found to be a sexually violent person pursuant |
2 |
| to the Sexually
Violent Persons Commitment Act or any |
3 |
| substantially similar federal, Uniform
Code of Military |
4 |
| Justice, sister
state, or foreign country law . ; or
|
5 |
| (5) adjudicated a juvenile delinquent as the result of |
6 |
| committing or
attempting to commit an act which, if |
7 |
| committed by an adult, would constitute
any of the offenses |
8 |
| specified in item (B), (C), or (C-5) of this Section or a
|
9 |
| violation of any substantially similar federal, Uniform |
10 |
| Code of Military
Justice, sister state, or foreign
country |
11 |
| law, or found guilty under Article V of the Juvenile Court |
12 |
| Act of 1987
of committing or attempting to commit an act |
13 |
| which, if committed by an adult,
would constitute any of |
14 |
| the offenses specified in item (B), (C), or (C-5) of
this |
15 |
| Section or a violation of any substantially similar |
16 |
| federal, Uniform Code
of Military Justice, sister state,
or |
17 |
| foreign country law.
|
18 |
| Convictions that result from or are connected with the same |
19 |
| act, or result
from offenses committed at the same time, shall |
20 |
| be counted for the purpose of
this Article as one conviction. |
21 |
| Any conviction set aside pursuant to law is
not a conviction |
22 |
| for purposes of this Article.
|
23 |
|
For purposes of this Section, "convicted" shall have the |
24 |
| same meaning as
"adjudicated".
|
25 |
| (B) As used in this Article, "sex offense" means:
|
26 |
| (1) A violation of any of the following Sections of the |
|
|
|
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|
1 |
| Criminal Code of
1961:
|
2 |
| 11-20.1 (child pornography),
|
3 |
| 11-20.3 (aggravated child pornography),
|
4 |
| 11-6 (indecent solicitation of a child),
|
5 |
| 11-9.1 (sexual exploitation of a child),
|
6 |
| 11-9.2 (custodial sexual misconduct),
|
7 |
| 11-9.5 (sexual misconduct with a person with a |
8 |
| disability),
|
9 |
| 11-15.1 (soliciting for a juvenile prostitute),
|
10 |
| 11-18.1 (patronizing a juvenile prostitute),
|
11 |
| 11-17.1 (keeping a place of juvenile |
12 |
| prostitution),
|
13 |
| 11-19.1 (juvenile pimping),
|
14 |
| 11-19.2 (exploitation of a child),
|
15 |
| 11-25 (grooming), |
16 |
| 11-26 (traveling to meet a minor),
|
17 |
| 12-13 (criminal sexual assault),
|
18 |
| 12-14 (aggravated criminal sexual assault),
|
19 |
| 12-14.1 (predatory criminal sexual assault of a |
20 |
| child),
|
21 |
| 12-15 (criminal sexual abuse),
|
22 |
| 12-16 (aggravated criminal sexual abuse),
|
23 |
| 12-33 (ritualized abuse of a child).
|
24 |
| An attempt to commit any of these offenses.
|
25 |
| (1.5)
A violation of any of the following Sections of |
26 |
| the
Criminal Code of 1961, when the victim is a person |
|
|
|
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|
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| under 18 years of age, the
defendant is not a parent of the |
2 |
| victim, the offense was sexually motivated as defined in |
3 |
| Section 10 of the Sex Offender Management Board Act, and |
4 |
| the offense was committed on or
after January 1, 1996:
|
5 |
| 10-1 (kidnapping),
|
6 |
| 10-2 (aggravated kidnapping),
|
7 |
| 10-3 (unlawful restraint),
|
8 |
| 10-3.1 (aggravated unlawful restraint).
|
9 |
| (1.6) (Blank).
First degree murder under Section 9-1 of |
10 |
| the Criminal Code of 1961,
when the victim was a person |
11 |
| under 18 years of age and the defendant was at least
17 |
12 |
| years of age at the time of the commission of the offense, |
13 |
| provided the offense was sexually motivated as defined in |
14 |
| Section 10 of the Sex Offender Management Board Act.
|
15 |
| (1.7) (Blank).
|
16 |
| (1.8) A violation or attempted violation of Section |
17 |
| 11-11 (sexual
relations within families) of the Criminal |
18 |
| Code of 1961, and the offense was committed on or after
|
19 |
| June 1, 1997.
|
20 |
| (1.9) Child abduction under paragraph (10) of |
21 |
| subsection
(b) of Section 10-5 of the Criminal Code of 1961 |
22 |
| committed by luring or
attempting to lure a child under the |
23 |
| age of 16 into a motor vehicle, building,
house trailer, or |
24 |
| dwelling place without the consent of the parent or lawful
|
25 |
| custodian of the child for other than a lawful purpose and |
26 |
| the offense was
committed on or after January 1, 1998, |
|
|
|
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|
1 |
| provided the offense was sexually motivated as defined in |
2 |
| Section 10 of the Sex Offender Management Board Act.
|
3 |
| (1.10) A violation or attempted violation of any of the |
4 |
| following Sections
of the Criminal Code of 1961 when the |
5 |
| offense was committed on or after July
1, 1999:
|
6 |
| 10-4 (forcible detention, if the victim is under 18 |
7 |
| years of age), provided the offense was sexually |
8 |
| motivated as defined in Section 10 of the Sex Offender |
9 |
| Management Board Act,
|
10 |
| 11-6.5 (indecent solicitation of an adult),
|
11 |
| 11-15 (soliciting for a prostitute, if the victim |
12 |
| is under 18 years
of age),
|
13 |
| 11-16 (pandering, if the victim is under 18 years |
14 |
| of age),
|
15 |
| 11-18 (patronizing a prostitute, if the victim is |
16 |
| under 18 years
of age),
|
17 |
| 11-19 (pimping, if the victim is under 18 years of |
18 |
| age).
|
19 |
| (1.11) A violation or attempted violation of any of the |
20 |
| following
Sections of the Criminal Code of 1961 when the |
21 |
| offense was committed on or
after August 22, 2002:
|
22 |
| 11-9 (public indecency for a third or subsequent |
23 |
| adjudication conviction ).
|
24 |
| (1.12) A violation or attempted violation of Section
|
25 |
| 5.1 of the Wrongs to Children Act (permitting sexual abuse) |
26 |
| when the
offense was committed on or after August 22, 2002.
|
|
|
|
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|
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| (2) A violation of any former law of this State |
2 |
| substantially equivalent
to any offense listed in |
3 |
| subsection (B) of this Section.
|
4 |
| (C) An adjudication A conviction for an offense of federal |
5 |
| law, Uniform Code of Military
Justice, or the law of another |
6 |
| state
or a foreign country that is substantially equivalent to |
7 |
| any offense listed
in subsections (B), (C), and (E) of this |
8 |
| Section shall
constitute an adjudication a
conviction for the |
9 |
| purpose
of this Article. A finding or adjudication as a |
10 |
| sexually dangerous person
or a sexually violent person under |
11 |
| any federal law, Uniform Code of Military
Justice, or the law |
12 |
| of another state or
foreign country that is substantially |
13 |
| equivalent to the Sexually Dangerous
Persons Act or the |
14 |
| Sexually Violent Persons Commitment Act shall constitute an
|
15 |
| adjudication for the purposes of this Article.
|
16 |
| (C-5) (Blank). A person at least 17 years of age at the |
17 |
| time of the commission of
the offense who is convicted of first |
18 |
| degree murder under Section 9-1 of the
Criminal Code of 1961, |
19 |
| against a person
under 18 years of age, shall be required to |
20 |
| register
for natural life.
A conviction for an offense of |
21 |
| federal, Uniform Code of Military Justice,
sister state, or |
22 |
| foreign country law that is substantially equivalent to any
|
23 |
| offense listed in subsection (C-5) of this Section shall |
24 |
| constitute a
conviction for the purpose of this Article. This |
25 |
| subsection (C-5) applies to a person who committed the offense |
26 |
| before June 1, 1996 only if the person is incarcerated in an |
|
|
|
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|
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| Illinois Department of Corrections facility on August 20, 2004 |
2 |
| (the effective date of Public Act 93-977).
|
3 |
| (D) As used in this Article, "law enforcement agency having |
4 |
| jurisdiction"
means the Chief of Police in each of the |
5 |
| municipalities in which the juvenile sex offender
expects to |
6 |
| reside, work, or attend school (1) upon his or her discharge,
|
7 |
| parole or release or
(2) during the service of his or her |
8 |
| sentence of probation or conditional
discharge, or the Sheriff |
9 |
| of the county, in the event no Police Chief exists
or if the |
10 |
| juvenile offender intends to reside, work, or attend school in |
11 |
| an
unincorporated area.
"Law enforcement agency having |
12 |
| jurisdiction" includes the location where
out-of-state |
13 |
| students attend school and where out-of-state employees are
|
14 |
| employed or are otherwise required to register.
|
15 |
| (D-1) As used in this Article, "supervising officer" means |
16 |
| the assigned Illinois Department of Corrections parole agent or |
17 |
| county probation officer. |
18 |
| (E) As used in this Article, "sexual predator" means any |
19 |
| person who,
after July 1, 1999, is:
|
20 |
| (1) Adjudicated Convicted for an offense of federal, |
21 |
| Uniform Code of Military
Justice, sister state, or foreign |
22 |
| country law that is substantially equivalent
to any offense |
23 |
| listed in subsection (E) of this Section shall constitute |
24 |
| an adjudication a
conviction for the purpose of this |
25 |
| Article.
Adjudicated Convicted of a violation or attempted |
26 |
| violation of any of the following
Sections of the
Criminal |
|
|
|
09600SB3799sam001 |
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|
|
1 |
| Code of 1961, if the adjudication conviction occurred after |
2 |
| July
1, 1999:
|
3 |
| 11-17.1 (keeping a place of juvenile |
4 |
| prostitution),
|
5 |
| 11-19.1 (juvenile pimping),
|
6 |
| 11-19.2 (exploitation of a child),
|
7 |
| 11-20.1 (child pornography),
|
8 |
| 11-20.3 (aggravated child pornography),
|
9 |
| 12-13 (criminal sexual assault),
|
10 |
| 12-14 (aggravated criminal sexual assault),
|
11 |
| 12-14.1 (predatory criminal sexual assault of a |
12 |
| child),
|
13 |
| 12-16 (aggravated criminal sexual abuse),
|
14 |
| 12-33 (ritualized abuse of a child);
|
15 |
| (2) (blank);
|
16 |
| (3) certified as a sexually dangerous person pursuant |
17 |
| to the Sexually
Dangerous Persons Act or any substantially |
18 |
| similar federal, Uniform Code of
Military Justice, sister |
19 |
| state, or
foreign country law;
|
20 |
| (4) found to be a sexually violent person pursuant to |
21 |
| the Sexually Violent
Persons Commitment Act or any |
22 |
| substantially similar federal, Uniform Code of
Military |
23 |
| Justice, sister state, or
foreign country law;
|
24 |
| (5) adjudicated convicted of a second or subsequent |
25 |
| offense which requires
registration pursuant to this Act. |
26 |
| The adjudication conviction for the second or subsequent
|
|
|
|
09600SB3799sam001 |
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|
|
1 |
| offense must have occurred after July 1, 1999. For purposes |
2 |
| of this paragraph
(5), " adjudicated convicted " shall |
3 |
| include an adjudication a conviction under any
|
4 |
| substantially similar
Illinois, federal, Uniform Code of |
5 |
| Military Justice, sister state, or
foreign country law; or
|
6 |
| (6) adjudicated convicted of a second or subsequent |
7 |
| offense of luring a minor under Section 10-5.1 of the |
8 |
| Criminal Code of 1961. |
9 |
| (F) As used in this Article, "out-of-state student" means |
10 |
| any juvenile sex
offender, as defined in this Section,
or |
11 |
| sexual predator who is enrolled in Illinois, on a full-time or |
12 |
| part-time
basis, in any public or private educational |
13 |
| institution, including, but not
limited to, any secondary |
14 |
| school, trade or professional institution, or
institution of |
15 |
| higher learning.
|
16 |
| (G) As used in this Article, "out-of-state employee" means |
17 |
| any juvenile sex
offender, as defined in this Section,
or |
18 |
| sexual predator who works in Illinois, regardless of whether |
19 |
| the individual
receives payment for services performed, for a |
20 |
| period of time of 10 or more days
or for an aggregate period of |
21 |
| time of 30 or more days
during any calendar year.
Persons who |
22 |
| operate motor vehicles in the State accrue one day of |
23 |
| employment
time for any portion of a day spent in Illinois.
|
24 |
| (H) As used in this Article, "school" means any public or |
25 |
| private educational institution, including, but not limited |
26 |
| to, any elementary or secondary school, trade or professional |
|
|
|
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|
1 |
| institution, or institution of higher education. |
2 |
| (I) As used in this Article, "fixed residence" means any |
3 |
| and all places that a juvenile sex offender resides for an |
4 |
| aggregate period of time of 5 or more days in a calendar year.
|
5 |
| (J) As used in this Article, "Internet protocol address" |
6 |
| means the string of numbers by which a location on the Internet |
7 |
| is identified by routers or other computers connected to the |
8 |
| Internet. |
9 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-579, eff. 6-1-08; |
10 |
| 95-625, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. |
11 |
| 8-21-08; 96-301, eff. 8-11-09.)
|
12 |
| (730 ILCS 150/3)
|
13 |
| Sec. 3. Duty to register.
|
14 |
| (a) A juvenile sex offender, as defined in Section 2 of |
15 |
| this Act, or sexual
predator shall, within the time period
|
16 |
| prescribed in subsections (b) and (c), register in person
and |
17 |
| provide accurate information as required by the Department of |
18 |
| State
Police. Such information shall include a current |
19 |
| photograph,
current address,
current place of employment, the |
20 |
| employer's telephone number, school attended, all e-mail |
21 |
| addresses, instant messaging identities, chat room identities, |
22 |
| and other Internet communications identities that the juvenile |
23 |
| sex offender uses or plans to use, all Uniform Resource |
24 |
| Locators (URLs) registered or used by the juvenile sex |
25 |
| offender, all blogs and other Internet sites maintained by the |
|
|
|
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LRB096 20806 RLC 39001 a |
|
|
1 |
| juvenile sex offender or to which the juvenile sex offender has |
2 |
| uploaded any content or posted any messages or information, |
3 |
| extensions of the time period for registering as provided in |
4 |
| this Article and, if an extension was granted, the reason why |
5 |
| the extension was granted and the date the juvenile sex |
6 |
| offender was notified of the extension. The information shall |
7 |
| also include the county of conviction, license plate numbers |
8 |
| for every vehicle registered in the name of the juvenile sex |
9 |
| offender, the age of the juvenile sex offender at the time of |
10 |
| the commission of the offense, the age of the victim at the |
11 |
| time of the commission of the offense, and any distinguishing |
12 |
| marks located on the body of the juvenile sex offender. A |
13 |
| juvenile sex offender adjudicated convicted under Section |
14 |
| 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code of 1961 |
15 |
| shall provide all Internet protocol (IP) addresses in his or |
16 |
| her residence, registered in his or her name, accessible at his |
17 |
| or her place of employment, or otherwise under his or her |
18 |
| control or custody. The juvenile sex offender or
sexual |
19 |
| predator shall register:
|
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 3 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
|
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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LRB096 20806 RLC 39001 a |
|
|
1 |
| 3 5 or more days in an unincorporated
area or, if |
2 |
| incorporated, no police chief exists.
|
3 |
| If the juvenile sex offender or sexual predator is employed |
4 |
| at or attends an institution of higher education, he or she |
5 |
| shall register:
|
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.
|
15 |
| For purposes of this Article, the place of residence or |
16 |
| temporary
domicile is defined as any and all places where the |
17 |
| juvenile sex offender resides
for an aggregate period of time |
18 |
| of 3 5 or more days during any calendar year.
Any person |
19 |
| required to register under this Article who lacks a fixed |
20 |
| address or temporary domicile 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.
|
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. |
|
|
|
09600SB3799sam001 |
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LRB096 20806 RLC 39001 a |
|
|
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.
|
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.
|
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 juvenile sex offender |
14 |
| adjudicated convicted under Section 11-6, 11-20.1, 11-20.3, or |
15 |
| 11-21 of the Criminal Code of 1961 shall provide all Internet |
16 |
| protocol (IP) addresses in his or her residence, registered in |
17 |
| his or her name, accessible at his or her place of employment, |
18 |
| or otherwise under his or her control or custody. The |
19 |
| out-of-state student or out-of-state employee shall register:
|
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 3 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
|
|
|
|
09600SB3799sam001 |
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LRB096 20806 RLC 39001 a |
|
|
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 3 5 |
3 |
| or more days or
for an aggregate period of
time of more |
4 |
| than 30 days during any calendar year in an
unincorporated |
5 |
| area
or, if incorporated, no police chief exists.
|
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.
|
11 |
| (a-10) Any law enforcement agency registering juvenile 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 juvenile sex offender registration forms from |
15 |
| persons convicted under Section 11-6, 11-20.1, 11-20.3, or |
16 |
| 11-21 of the Criminal Code of 1961, including periodic and |
17 |
| annual registrations under Section 6 of this Act. |
18 |
| (b) Any juvenile sex offender, as defined in Section 2 of |
19 |
| this Act, or sexual
predator, regardless of any initial,
prior, |
20 |
| or other registration, shall, within 3 days of beginning |
21 |
| school,
or establishing a
residence, place of employment, or |
22 |
| temporary domicile in
any county, register in person as set |
23 |
| forth in subsection (a)
or (a-5).
|
24 |
| (c) The registration for any person required to register |
25 |
| under this
Article shall be as follows:
|
26 |
| (1) Any person registered under the Sex Offender |
|
|
|
09600SB3799sam001 |
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|
|
1 |
| Registration Act for an adjudication of a sex offense |
2 |
| Habitual Child Sex Offender
Registration Act or the Child |
3 |
| Sex Offender Registration Act prior to July 1, 2011 January
|
4 |
| 1, 1996 , shall be deemed initially registered as of July 1, |
5 |
| 2011 January 1, 1996 ; however,
this shall not be construed |
6 |
| to extend the duration of registration set forth
in Section |
7 |
| 7.
|
8 |
| (2) Except as provided in subsection (c)(4), any person |
9 |
| convicted or
adjudicated prior to July 1, 2011 January 1, |
10 |
| 1996 , whose liability for registration under
Section 7 has |
11 |
| not expired, shall register in person with the appropriate |
12 |
| law enforcement agency with whom he or she last registered |
13 |
| within one year from the date of last registration under |
14 |
| the Sex Offender Registration Act prior to January 31,
|
15 |
| 1996 .
|
16 |
| (2.5) Except as provided in subsection (c)(4), any |
17 |
| person who has not
been notified of his or her |
18 |
| responsibility to register shall be notified by a
criminal |
19 |
| justice entity of his or her responsibility to register. |
20 |
| Upon
notification the person must then register within 3 |
21 |
| days of notification of
his or her requirement to register. |
22 |
| If notification is not made within the
offender's 10 year |
23 |
| registration requirement, and the Department of State
|
24 |
| Police determines no evidence exists or indicates the |
25 |
| offender attempted to
avoid registration, the offender |
26 |
| will no longer be required to register under
this Act.
|
|
|
|
09600SB3799sam001 |
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|
|
1 |
| (3) Except as provided in subsection (c)(4), any person |
2 |
| convicted on
or after January 1, 1996, shall register in |
3 |
| person within 3 days after the
entry of the sentencing |
4 |
| order based upon his or her conviction.
|
5 |
| (4) Any person unable to comply with the registration |
6 |
| requirements of
this Article because he or she is confined, |
7 |
| institutionalized,
or imprisoned in Illinois on or after |
8 |
| January 1, 1996, shall register in person
within 3 days of |
9 |
| discharge, parole or release.
|
10 |
| (5) The person shall provide positive identification |
11 |
| and documentation
that substantiates proof of residence at |
12 |
| the registering address.
|
13 |
| (6) The person shall pay a $20
initial registration fee |
14 |
| and
a $10
annual
renewal fee. The fees shall be used by the |
15 |
| registering agency for official
purposes. The agency shall |
16 |
| establish procedures to document receipt and use
of the |
17 |
| funds.
The law enforcement agency having jurisdiction may |
18 |
| waive the registration fee
if it determines that the person |
19 |
| is indigent and unable to pay the registration
fee.
Ten |
20 |
| dollars for the initial registration fee and $5 of the |
21 |
| annual renewal fee
shall be used by the registering agency |
22 |
| for official purposes. Ten dollars of
the initial |
23 |
| registration fee and $5 of the annual fee shall be |
24 |
| deposited into
the Sex Offender Management Board Fund under |
25 |
| Section 19 of the Sex Offender
Management Board Act. Money |
26 |
| deposited into the Sex Offender Management Board
Fund shall |
|
|
|
09600SB3799sam001 |
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LRB096 20806 RLC 39001 a |
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|
1 |
| be administered by the Sex Offender Management Board and |
2 |
| shall be
used to
fund practices endorsed or required by the |
3 |
| Sex Offender Management Board Act
including but not limited |
4 |
| to sex offenders evaluation, treatment, or
monitoring |
5 |
| programs that are or may be developed, as well as for
|
6 |
| administrative costs, including staff, incurred by the |
7 |
| Board.
|
8 |
| (d) Within 3 days after obtaining or changing employment |
9 |
| and, if employed
on January 1, 2000, within 5 days after that |
10 |
| date, a person required to
register under this Section must |
11 |
| report, in person to the law
enforcement agency having |
12 |
| jurisdiction, the business name and address where he
or she is |
13 |
| employed. If the person has multiple businesses or work |
14 |
| locations,
every business and work location must be reported to |
15 |
| the law enforcement agency
having jurisdiction.
|
16 |
| (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-994, |
17 |
| eff. 1-1-07; 95-229, eff. 8-16-07; 95-579, eff. 6-1-08; 95-640, |
18 |
| eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. 8-21-08.) |
19 |
| (730 ILCS 150/3-5) |
20 |
| Sec. 3-5. Application of Act to adjudicated juvenile |
21 |
| delinquents. |
22 |
| (a) In all cases involving an adjudicated juvenile
|
23 |
| delinquent who meets the definition of juvenile sex offender as |
24 |
| set
forth in paragraph (1) (5) of subsection (A) of Section 2 |
25 |
| of this
Act, the court shall order the minor to register as a |
|
|
|
09600SB3799sam001 |
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LRB096 20806 RLC 39001 a |
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|
1 |
| juvenile sex offender. |
2 |
| (b) Once an adjudicated juvenile delinquent is ordered to
|
3 |
| register as a juvenile sex offender, the adjudicated juvenile |
4 |
| delinquent
shall be subject to the registration requirements |
5 |
| set forth in
Sections 3, 6, 6-5, 8, 8-5, and 10 for the term of |
6 |
| his or her
registration. |
7 |
| (c) For a minor adjudicated delinquent for an offense |
8 |
| which, if charged as an adult, would be a felony, no less than |
9 |
| 5 years after registration ordered pursuant to subsection (a) |
10 |
| of this Section, the minor may petition for the termination of |
11 |
| the term of registration. For a minor adjudicated delinquent |
12 |
| for an offense which, if charged as an adult, would be a |
13 |
| misdemeanor, no less than 2 years after registration ordered |
14 |
| pursuant to subsection (a) of this Section, the minor may |
15 |
| petition for termination of the term of registration. |
16 |
| (d) The court may upon a hearing on the petition for |
17 |
| termination of registration, terminate registration if the |
18 |
| court finds that the registrant poses no risk to the community |
19 |
| by a preponderance of the evidence based upon the factors set |
20 |
| forth in subsection (e). |
21 |
| (e) To determine whether a registrant poses a risk
to the |
22 |
| community as required by subsection (d), the court shall
|
23 |
| consider the following factors: |
24 |
| (1) a risk assessment performed by an evaluator
|
25 |
| approved by the Sex Offender Management Board; |
26 |
| (2) the sex offender history of the adjudicated
|
|
|
|
09600SB3799sam001 |
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LRB096 20806 RLC 39001 a |
|
|
1 |
| juvenile delinquent; |
2 |
| (3) evidence of the adjudicated juvenile delinquent's
|
3 |
| rehabilitation; |
4 |
| (4) the age of the adjudicated juvenile delinquent at
|
5 |
| the time of the offense; |
6 |
| (5) information related to the adjudicated juvenile
|
7 |
| delinquent's mental, physical, educational, and social
|
8 |
| history; |
9 |
| (6) victim impact statements; and |
10 |
| (7) any other factors deemed relevant by the court. |
11 |
| (f) At the hearing set forth in subsections (c) and (d), a
|
12 |
| registrant shall be represented by counsel and may present a
|
13 |
| risk assessment conducted by an evaluator who is a licensed
|
14 |
| psychiatrist, psychologist, or other mental health
|
15 |
| professional, and who has demonstrated clinical experience in
|
16 |
| juvenile sex offender treatment. |
17 |
| (g) After a registrant completes the term of his or her
|
18 |
| registration, his or her name, address, and all other
|
19 |
| identifying information shall be removed from all State and
|
20 |
| local registries. |
21 |
| (h) This Section applies retroactively to cases in which
|
22 |
| adjudicated juvenile delinquents who registered or were
|
23 |
| required to register before the effective date of this
|
24 |
| amendatory Act of the 95th General Assembly. On or after the
|
25 |
| effective date of this amendatory Act of the 95th General
|
26 |
| Assembly, a person adjudicated delinquent before the effective
|
|
|
|
09600SB3799sam001 |
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LRB096 20806 RLC 39001 a |
|
|
1 |
| date of this amendatory Act of the 95th General Assembly may
|
2 |
| request a hearing regarding status of registration by filing a |
3 |
| Petition Requesting Registration Status with the clerk of the |
4 |
| court. Upon receipt of the Petition Requesting Registration
|
5 |
| Status, the clerk of the court shall provide notice to the
|
6 |
| parties and set the Petition for hearing pursuant to
|
7 |
| subsections (c) through (e) of this Section. |
8 |
| (i) This Section does not apply to minors prosecuted under
|
9 |
| the criminal laws as adults.
|
10 |
| (Source: P.A. 95-658, eff. 10-11-07.)
|
11 |
| (730 ILCS 150/4) (from Ch. 38, par. 224)
|
12 |
| Sec. 4. Discharge of juvenile sex offender, as defined in |
13 |
| Section 2 of this Act,
or sexual predator from Department of
|
14 |
| Corrections
or Department of Juvenile Justice facility or other |
15 |
| penal institution; duties of
official in charge. Any juvenile |
16 |
| sex offender, as defined in Section 2 of this Act,
or sexual |
17 |
| predator, as defined by this
Article, who
is discharged, |
18 |
| paroled or released from a Department of
Corrections facility |
19 |
| or a Department of Juvenile Justice facility , a facility where |
20 |
| such person was placed by the
Department of Corrections or the |
21 |
| Department of Juvenile Justice, or another penal institution, |
22 |
| and
whose liability for
registration has not terminated under |
23 |
| Section 7 shall, prior to discharge,
parole or release from the |
24 |
| facility or institution, be informed of his or her
duty to |
25 |
| register in person within 3 days of release by the
facility or |
|
|
|
09600SB3799sam001 |
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LRB096 20806 RLC 39001 a |
|
|
1 |
| institution in which he or she was confined.
The facility or |
2 |
| institution shall also inform any person who must register
that |
3 |
| if he or she establishes a residence outside of the State of |
4 |
| Illinois,
is employed outside of the State of Illinois, or |
5 |
| attends school outside of
the
State of Illinois,
he
or she must |
6 |
| register in the new state within 3 days
after establishing
the
|
7 |
| residence, beginning employment, or beginning school.
|
8 |
| The facility shall require the person to read and sign such |
9 |
| form as may
be required by the Department of State Police |
10 |
| stating that the duty to
register and the procedure for |
11 |
| registration has been explained to him or her
and that he or |
12 |
| she understands the duty to register and the procedure for
|
13 |
| registration. The facility shall further advise the person in |
14 |
| writing that the
failure to register or other violation of this |
15 |
| Article shall result in
revocation of parole, mandatory |
16 |
| supervised release or conditional release.
The facility shall |
17 |
| obtain information about where the
person expects to reside, |
18 |
| work, and attend school upon
his or her discharge, parole or |
19 |
| release and shall report the information to the
Department of |
20 |
| State Police. The facility shall give one copy of the form
to |
21 |
| the person and shall send one copy to each of the law |
22 |
| enforcement agencies
having
jurisdiction where the person |
23 |
| expects to reside, work, and attend school
upon his or her |
24 |
| discharge,
parole or release and retain one copy for the files.
|
25 |
| Electronic data files which includes all notification form |
26 |
| information and
photographs of juvenile sex offenders being |
|
|
|
09600SB3799sam001 |
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LRB096 20806 RLC 39001 a |
|
|
1 |
| released from an Illinois Department of
Corrections or |
2 |
| Department of Juvenile Justice facility will be shared on a |
3 |
| regular basis as determined between
the Department of State |
4 |
| Police and the Department of Corrections or Juvenile Justice .
|
5 |
| (Source: P.A. 94-168, eff. 1-1-06; 95-640, eff. 6-1-08 .)
|
6 |
| (730 ILCS 150/5) (from Ch. 38, par. 225)
|
7 |
| Sec. 5. Release of juvenile sex offender, as defined in |
8 |
| Section 2 of this Act, or
sexual predator; duties of the Court.
|
9 |
| Any juvenile sex
offender, as defined in Section 2 of this Act, |
10 |
| or sexual predator, as
defined by this Article, who is released |
11 |
| on
probation or
discharged upon payment of a fine because of |
12 |
| the commission of one of the
offenses defined in subsection (B) |
13 |
| of Section 2 of this Article, shall, prior
to such release be |
14 |
| informed of his or her duty to register under this Article
by |
15 |
| the Court in which he or she was convicted. The Court shall |
16 |
| also inform
any person who must register that if he or she |
17 |
| establishes a residence
outside of the State of Illinois,
is |
18 |
| employed outside of the State of Illinois, or attends school |
19 |
| outside of
the
State of Illinois,
he or she must register in |
20 |
| the new state
within 3 days after establishing the residence, |
21 |
| beginning employment, or
beginning school. The Court shall |
22 |
| require
the person to read and sign such form as may be |
23 |
| required by the Department of
State Police stating that the |
24 |
| duty to register and the procedure for
registration has been |
25 |
| explained to him or her and that he or she understands
the duty |
|
|
|
09600SB3799sam001 |
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LRB096 20806 RLC 39001 a |
|
|
1 |
| to register and the procedure for registration. The Court shall
|
2 |
| further advise the person in writing that the failure to |
3 |
| register or other
violation of this Article shall result in
|
4 |
| probation revocation.
The Court shall obtain information about
|
5 |
| where the person expects to reside, work, and attend school |
6 |
| upon his or
her release, and shall report the
information to |
7 |
| the Department of State Police. The Court shall
give one copy |
8 |
| of
the form to the person and retain the original in the court |
9 |
| records. The
Department of State
Police shall notify the law |
10 |
| enforcement
agencies having
jurisdiction where the person |
11 |
| expects to reside, work and attend school
upon his or her |
12 |
| release.
|
13 |
| (Source: P.A. 94-168, eff. 1-1-06; 95-640, eff. 6-1-08 .)
|
14 |
| (730 ILCS 150/5-5)
|
15 |
| Sec. 5-5. Discharge of juvenile sex offender
or sexual |
16 |
| predator from a hospital
or other treatment
facility; duties of |
17 |
| the official in charge.
Any juvenile sex offender, as defined |
18 |
| in Section 2 of this Act, or sexual
predator, as defined in |
19 |
| this Article, who is
discharged or released
from a hospital or |
20 |
| other treatment facility where he or she was confined shall
be |
21 |
| informed by the hospital
or treatment facility in which
he or |
22 |
| she was confined, prior to discharge or
release from the |
23 |
| hospital or treatment facility, of his or her duty
to register |
24 |
| under this Article.
|
25 |
| The facility shall require the person to read and sign such |
|
|
|
09600SB3799sam001 |
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LRB096 20806 RLC 39001 a |
|
|
1 |
| form as may be
required by the Department of State Police |
2 |
| stating that the duty to register
and
the procedure for |
3 |
| registration has been explained to him or her and that he or
|
4 |
| she understands the duty to register and the procedure for |
5 |
| registration. The
facility shall give one copy of the form to |
6 |
| the person, retain one copy for
their records, and forward the |
7 |
| original to the Department of State Police. The
facility shall |
8 |
| obtain information about where the person
expects to reside, |
9 |
| work, and attend school upon his
or her discharge, parole, or |
10 |
| release and shall report the information to the
Department of |
11 |
| State Police within 3 days.
The facility or institution shall |
12 |
| also inform any person who must register
that if he or she |
13 |
| establishes a residence outside of the State of Illinois, is
|
14 |
| employed outside of the State of Illinois, or attends school |
15 |
| outside of the
State of Illinois, he or she must register in |
16 |
| the new state within 3 days
after establishing the residence, |
17 |
| beginning school, or beginning employment.
The Department of |
18 |
| State Police shall notify the
law enforcement agencies
having |
19 |
| jurisdiction where the person expects to reside, work, and |
20 |
| attend
school upon his or her
release.
|
21 |
| (Source: P.A. 94-168, eff. 1-1-06; 95-640, eff. 6-1-08 .)
|
22 |
| (730 ILCS 150/6) (from Ch. 38, par. 226)
|
23 |
| Sec. 6. Duty to report; change of address, school, or |
24 |
| employment; duty
to inform.
A person who has been adjudicated |
25 |
| to be sexually dangerous or is a sexually
violent person and is |
|
|
|
09600SB3799sam001 |
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LRB096 20806 RLC 39001 a |
|
|
1 |
| later released, or found to be no longer sexually
dangerous or |
2 |
| no longer a sexually violent person and discharged, or |
3 |
| convicted of a violation of this Act after July 1, 2005, shall |
4 |
| report in
person to the law enforcement agency with whom he or |
5 |
| she last registered no
later than 90 days after the date of his |
6 |
| or her last registration and every 90
days thereafter and at |
7 |
| such other times at the request of the law enforcement agency |
8 |
| not to exceed 4 times a year. Such sexually dangerous or |
9 |
| sexually
violent person must report all new or changed e-mail |
10 |
| addresses, all new or changed instant messaging identities, all |
11 |
| new or changed chat room identities, and all other new or |
12 |
| changed Internet communications identities that the sexually |
13 |
| dangerous or sexually
violent person uses or plans to use, all |
14 |
| new or changed Uniform Resource Locators (URLs) registered or |
15 |
| used by the sexually dangerous or sexually
violent person, and |
16 |
| all new or changed blogs and other Internet sites maintained by |
17 |
| the sexually dangerous or sexually
violent person or to which |
18 |
| the sexually dangerous or sexually
violent person has uploaded |
19 |
| any content or posted any messages or information. Any person |
20 |
| who lacks a fixed residence must report weekly, in person, to |
21 |
| the appropriate law enforcement agency where the juvenile sex |
22 |
| offender is located. Any other person who is required to |
23 |
| register under this
Article shall report in person to the |
24 |
| appropriate law enforcement agency with
whom he or she last |
25 |
| registered within one year from the date of last
registration |
26 |
| and every year thereafter and at such other times at the |
|
|
|
09600SB3799sam001 |
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LRB096 20806 RLC 39001 a |
|
|
1 |
| request of the law enforcement agency not to exceed 4 times a |
2 |
| year. If any person required to register under this Article |
3 |
| lacks a fixed residence or temporary domicile, he or she must |
4 |
| notify, in person, the agency of jurisdiction of his or her |
5 |
| last known address within 3 days after ceasing to have a fixed |
6 |
| residence and if the juvenile offender leaves the last |
7 |
| jurisdiction of residence, he or she, must within 3 days after |
8 |
| leaving register in person with the new agency of jurisdiction. |
9 |
| If any other person required to register
under this Article |
10 |
| changes his or her residence address, place of
employment,
or |
11 |
| school, he or she shall report in
person to the law
enforcement |
12 |
| agency
with whom he or she last registered of his or her new |
13 |
| address, change in
employment, or school, all new or changed |
14 |
| e-mail addresses, all new or changed instant messaging |
15 |
| identities, all new or changed chat room identities, and all |
16 |
| other new or changed Internet communications identities that |
17 |
| the juvenile sex offender uses or plans to use, all new or |
18 |
| changed Uniform Resource Locators (URLs) registered or used by |
19 |
| the juvenile sex offender, and all new or changed blogs and |
20 |
| other Internet sites maintained by the juvenile sex offender or |
21 |
| to which the juvenile sex offender has uploaded any content or |
22 |
| posted any messages or information, and register, in person, |
23 |
| with the appropriate law enforcement
agency within the
time |
24 |
| period specified in Section 3. The law enforcement agency |
25 |
| shall, within 3
days of the reporting in person by the person |
26 |
| required to register under this Article, notify the Department |
|
|
|
09600SB3799sam001 |
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LRB096 20806 RLC 39001 a |
|
|
1 |
| of State Police of the new place of residence, change in
|
2 |
| employment, or school.
|
3 |
| If any person required to register under this Article |
4 |
| intends to establish a
residence or employment outside of the |
5 |
| State of Illinois, at least 10 days
before establishing that |
6 |
| residence or employment, he or she shall report in person to |
7 |
| the law enforcement agency with which he or she last registered |
8 |
| of his
or her out-of-state intended residence or employment. |
9 |
| The law enforcement agency with
which such person last |
10 |
| registered shall, within 3 days after the reporting in person |
11 |
| of the person required to register under this Article of an |
12 |
| address or
employment change, notify the Department of State |
13 |
| Police. The Department of
State Police shall forward such |
14 |
| information to the out-of-state law enforcement
agency having |
15 |
| jurisdiction in the form and manner prescribed by the
|
16 |
| Department of State Police.
|
17 |
| (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-229, |
18 |
| eff. 8-16-07; 95-331, eff. 8-21-07; 95-640, eff. 6-1-08; |
19 |
| 95-876, eff. 8-21-08.)
|
20 |
| (730 ILCS 150/7) (from Ch. 38, par. 227)
|
21 |
| Sec. 7. Duration of registration. A person who has been |
22 |
| adjudicated to
be
sexually dangerous and is later released or |
23 |
| found to be no longer sexually
dangerous and discharged, shall |
24 |
| register for the period of his or her natural
life.
A sexually |
25 |
| violent person or sexual predator shall register for the period |
|
|
|
09600SB3799sam001 |
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LRB096 20806 RLC 39001 a |
|
|
1 |
| of
his or her natural life
after conviction or adjudication if |
2 |
| not confined to a penal institution,
hospital, or other |
3 |
| institution or facility, and if confined, for
the period of his |
4 |
| or her natural life after parole, discharge, or release from
|
5 |
| any such facility.
A person who becomes subject to registration |
6 |
| under this Article who has previously been subject to |
7 |
| registration under this Article or under the Violent Offender |
8 |
| Against Youth Registration Act, the Sex Offender Registration |
9 |
| Act, or or under the Child Murderer and Violent Offender |
10 |
| Against Youth Registration Act or similar registration |
11 |
| requirements of other jurisdictions shall register for the |
12 |
| period of his or her natural life if not confined to a penal |
13 |
| institution,
hospital, or other institution or facility, and if |
14 |
| confined, for
the period of his or her natural life after |
15 |
| parole, discharge, or release from
any such facility. Any other |
16 |
| person who is required to register
under this Article shall be |
17 |
| required to register for a period of 10 years after
conviction |
18 |
| or adjudication if not confined to a penal institution, |
19 |
| hospital
or any other
institution or facility, and if confined, |
20 |
| for a period of 10 years after
parole, discharge or release |
21 |
| from any such facility. A juvenile sex offender who is
allowed |
22 |
| to leave a county, State, or federal facility for the purposes |
23 |
| of work
release, education, or overnight visitations shall be |
24 |
| required
to register within 3 days of beginning such a program. |
25 |
| Liability for
registration terminates at the expiration of 10 |
26 |
| years from the date of
conviction or adjudication if not |
|
|
|
09600SB3799sam001 |
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LRB096 20806 RLC 39001 a |
|
|
1 |
| confined to a penal institution, hospital
or any other
|
2 |
| institution or facility and if confined, at the expiration of |
3 |
| 10 years from the
date of parole, discharge or release from any |
4 |
| such facility, providing such
person does not, during that |
5 |
| period, again
become
liable
to register under the provisions of |
6 |
| this Article.
Reconfinement due to a violation of parole or |
7 |
| other circumstances that relates to the original conviction or |
8 |
| adjudication shall extend the period of registration to 10 |
9 |
| years after final parole, discharge, or release. Reconfinement |
10 |
| due to a violation of parole or other circumstances that do not |
11 |
| relate to the original conviction or adjudication shall toll |
12 |
| the running of the balance of the 10-year period of |
13 |
| registration, which shall not commence running until after |
14 |
| final parole, discharge, or release. The Director of State |
15 |
| Police, consistent with administrative rules, shall
extend for |
16 |
| 10 years the registration period of any juvenile sex offender, |
17 |
| as defined
in Section 2 of this Act, who fails to
comply with |
18 |
| the provisions of this Article. The registration period for any |
19 |
| juvenile sex offender who fails to comply with any provision of |
20 |
| the Act shall extend the period of registration by 10 years |
21 |
| beginning from the first date of registration after the |
22 |
| violation.
If the registration period is extended, the |
23 |
| Department of State Police shall send a registered letter to |
24 |
| the law enforcement agency where the juvenile sex offender |
25 |
| resides within 3 days after the extension of the registration |
26 |
| period. The juvenile sex offender shall report to that law |
|
|
|
09600SB3799sam001 |
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LRB096 20806 RLC 39001 a |
|
|
1 |
| enforcement agency and sign for that letter. One copy of that |
2 |
| letter shall be kept on file with the law enforcement agency of |
3 |
| the jurisdiction where the sex offender resides and one copy |
4 |
| shall be returned to the Department of State Police.
|
5 |
| (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-169, |
6 |
| eff. 8-14-07; 95-331, eff. 8-21-07; 95-513, eff. 6-1-08; |
7 |
| 95-640, eff. 6-1-08; 95-876, eff. 8-21-08.)
|
8 |
| (730 ILCS 150/8) (from Ch. 38, par. 228)
|
9 |
| Sec. 8. Registration Requirements. Registration as |
10 |
| required by this
Article shall consist of a statement in |
11 |
| writing signed by the person giving the
information that is |
12 |
| required by the Department of State Police, which may
include |
13 |
| the fingerprints and must include a current photograph of the |
14 |
| person, to be updated annually. If the sex offender is a child |
15 |
| sex offender as defined in Section 11-9.3 or 11-9.4 of the |
16 |
| Criminal Code of 1961, he or she shall sign a statement that he |
17 |
| or she understands that according to Illinois law as a child |
18 |
| sex offender he or she may not reside within 500 feet of a |
19 |
| school, park, or playground. The offender may also not reside |
20 |
| within 500 feet of a facility providing services directed |
21 |
| exclusively toward persons under 18 years of age unless the sex |
22 |
| offender meets specified exemptions. The
registration
|
23 |
| information must include whether the person is a juvenile sex |
24 |
| offender as
defined
in the Juvenile Sex Offender Community |
25 |
| Notification
Law. Within 3
days, the
registering law |
|
|
|
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|
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| enforcement agency shall forward any
required information to |
2 |
| the Department of State Police. The registering
law enforcement |
3 |
| agency shall
enter the information into the Law Enforcement |
4 |
| Agencies Data System (LEADS) as
provided in Sections 6 and 7 of |
5 |
| the Intergovernmental Missing Child Recovery
Act of 1984.
|
6 |
| (Source: P.A. 93-979, eff. 8-20-04; 94-166, eff. 1-1-06; |
7 |
| 94-945, eff. 6-27-06.)
|
8 |
| (730 ILCS 150/8-5)
|
9 |
| Sec. 8-5. Verification requirements. |
10 |
| (a) Address verification. The agency having
jurisdiction
|
11 |
| shall verify the
address of juvenile sex offenders, as defined |
12 |
| in Section 2 of this Act, or sexual
predators required to |
13 |
| register with their
agency at least once per year. The |
14 |
| verification must be documented in
LEADS in the form and manner |
15 |
| required by the Department of State Police. |
16 |
| (a-5) Internet Protocol address verification. The agency |
17 |
| having jurisdiction may verify the Internet protocol (IP) |
18 |
| address of juvenile sex offenders, as defined in Section 2 of |
19 |
| this Act, who are required to register with their agency under |
20 |
| Section 3 of this Act. A copy of any such verification must be |
21 |
| sent to the Attorney General for entrance in the Illinois |
22 |
| Cyber-crimes Location Database pursuant to Section 5-4-3.2 of |
23 |
| the Unified Code of Corrections.
|
24 |
| (b) Registration or an Illinois Department of Juvenile |
25 |
| Justice verification. The supervising officer shall, within 15 |
|
|
|
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|
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| days of sentencing to probation or release from an Illinois |
2 |
| Department of Corrections facility, contact the law |
3 |
| enforcement agency in the jurisdiction that in which the |
4 |
| juvenile sex offender or sexual predator designated as his or |
5 |
| her intended residence and verify compliance with the |
6 |
| requirements of this Act. Revocation proceedings shall be |
7 |
| immediately commenced against a juvenile sex offender or sexual |
8 |
| predator on probation, parole, or mandatory supervised release |
9 |
| who fails to comply with the requirements of this Act.
|
10 |
| (c) In an effort to ensure that sexual predators and |
11 |
| juvenile sex offenders who fail to respond to |
12 |
| address-verification attempts or who otherwise abscond from |
13 |
| registration are located in a timely manner, the Department of |
14 |
| State Police shall share information with local law enforcement |
15 |
| agencies. The Department shall use analytical resources to |
16 |
| assist local law enforcement agencies to determine the |
17 |
| potential whereabouts of any sexual predator or juvenile sex |
18 |
| offender who fails to respond to address-verification
attempts |
19 |
| or who otherwise absconds from registration. The Department |
20 |
| shall review and analyze all available information concerning |
21 |
| any such predator or offender who fails to respond to |
22 |
| address-verification attempts or who otherwise absconds from |
23 |
| registration and provide the information to local law |
24 |
| enforcement agencies in order to assist the agencies in |
25 |
| locating and apprehending the sexual predator or juvenile sex |
26 |
| offender.
|
|
|
|
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|
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| (Source: P.A. 94-988, eff. 1-1-07; 95-579, eff. 6-1-08 .)
|
2 |
| (730 ILCS 150/9) (from Ch. 38, par. 229)
|
3 |
| Sec. 9. Public inspection of registration data. Except as
|
4 |
| provided in the Juvenile Sex Offender Community
Notification |
5 |
| Law,
the statements or any other information required by this |
6 |
| Article shall not be
open to inspection by the public, or by |
7 |
| any person other than by a law
enforcement officer or other |
8 |
| individual as may be authorized by law and shall
include law |
9 |
| enforcement agencies of this State, any other state, or of the
|
10 |
| federal government. Similar information may be requested from |
11 |
| any law
enforcement agency of another state or of the federal |
12 |
| government for purposes
of this Act. It is a Class B |
13 |
| misdemeanor to permit the unauthorized release of
any |
14 |
| information required by this Article.
|
15 |
| (Source: P.A. 94-945, eff. 6-27-06.)
|
16 |
| (730 ILCS 150/10) (from Ch. 38, par. 230)
|
17 |
| Sec. 10. Penalty.
|
18 |
| (a) Any person who is required to register under this
|
19 |
| Article who violates any of the provisions of this Article and |
20 |
| any person
who is required to register under this Article who |
21 |
| seeks to change his or her
name under Article 21 of the Code of |
22 |
| Civil Procedure is guilty of a Class 3
felony.
Any person who |
23 |
| is convicted for a violation of this Act for a second or |
24 |
| subsequent time is guilty of a Class 2 felony. Any person who |
|
|
|
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|
1 |
| is required to register under this Article who
knowingly or |
2 |
| wilfully gives material information required by this Article |
3 |
| that
is false is guilty of a Class 3 felony.
Any person |
4 |
| convicted of a violation of any provision of this Article
|
5 |
| shall, in addition to any other penalty required by law, be |
6 |
| required to serve a
minimum period of 7 days confinement in the |
7 |
| local county jail. The court shall
impose a mandatory minimum |
8 |
| fine of $500 for failure to comply with any
provision of this |
9 |
| Article. These fines shall be deposited in the Sex Offender
|
10 |
| Registration Fund. Any sex offender, as defined in Section 2 of |
11 |
| this Act,
or sexual predator who violates any
provision of this |
12 |
| Article may be arrested and
tried in any Illinois county where |
13 |
| the sex
offender can be located. The local police department or |
14 |
| sheriff's office is not required to determine whether the |
15 |
| person is living within its jurisdiction.
|
16 |
| (b) Any person, not covered by privilege under Part 8 of |
17 |
| Article VIII of the Code of Civil Procedure or the Illinois |
18 |
| Supreme Court's Rules of Professional Conduct, who has reason |
19 |
| to believe that a sexual predator is not complying, or has not |
20 |
| complied, with the requirements of this Article and who, with |
21 |
| the intent to assist the sexual predator in eluding a law |
22 |
| enforcement agency that is seeking to find the sexual predator |
23 |
| to question the sexual predator about, or to arrest the sexual |
24 |
| predator for, his or her noncompliance with the requirements of |
25 |
| this Article is guilty of a Class 3 felony if he or she: |
26 |
| (1) provides false information to the law enforcement |
|
|
|
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|
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| agency having jurisdiction about the sexual predator's |
2 |
| noncompliance with the requirements of this Article, and, |
3 |
| if known, the whereabouts of the sexual predator; |
4 |
| (2) harbors, or attempts to harbor, or assists another |
5 |
| person in harboring or attempting to harbor, the sexual |
6 |
| predator; or |
7 |
| (3) conceals or attempts to conceal, or assists another |
8 |
| person in concealing or attempting to conceal, the sexual |
9 |
| predator. |
10 |
| (c) Subsection (b) does not apply if the sexual predator is |
11 |
| incarcerated in or is in the custody of a State correctional |
12 |
| facility, a private correctional facility, a county or |
13 |
| municipal jail, a State mental health facility or a State |
14 |
| treatment and detention facility, or a federal correctional |
15 |
| facility.
|
16 |
| (d) Subsections (a) and (b) do not apply if the juvenile |
17 |
| sex offender accurately registered his or her Internet protocol |
18 |
| address under this Act, and the address subsequently changed |
19 |
| without his or her knowledge or intent.
|
20 |
| (Source: P.A. 94-168, eff. 1-1-06; 94-988, eff. 1-1-07; 95-579, |
21 |
| eff. 6-1-08 .)
|
22 |
| Section 1010. The Sex Offender Community Notification Law |
23 |
| is amended by changing Sections 101, 105, 110, 115, 116, 117, |
24 |
| 120, and 122 as follows:
|
|
|
|
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|
|
1 |
| (730 ILCS 152/101)
|
2 |
| Sec. 101. Short title. This Article may be cited as the |
3 |
| Juvenile Sex Offender Community Notification Law.
|
4 |
| (Source: P.A. 94-945, eff. 6-27-06.)
|
5 |
| (730 ILCS 152/105)
|
6 |
| Sec. 105. Definitions. As used in this Article, the |
7 |
| following
definitions apply:
|
8 |
| "Child care facilities" has the meaning set forth in the |
9 |
| Child Care Act of
1969, but does not include licensed foster |
10 |
| homes.
|
11 |
| "Law enforcement agency having jurisdiction"
means the |
12 |
| Chief of Police in the municipality in which the juvenile sex
|
13 |
| offender
expects to reside (1) upon his or her discharge, |
14 |
| parole or release or
(2) during the service of his or her |
15 |
| sentence of probation or conditional
discharge, or the Sheriff |
16 |
| of the county, in the event no Police Chief exists or
if the |
17 |
| juvenile sex offender intends to reside in an unincorporated |
18 |
| area.
"Law enforcement agency having jurisdiction" includes |
19 |
| the location where
out-of-state students attend school and |
20 |
| where
out-of-state employees are employed or are otherwise |
21 |
| required to register.
|
22 |
| "Sex offender" means any sex offender as defined
in the Sex |
23 |
| Offender Registration Act whose offense or adjudication as a
|
24 |
| sexually dangerous person occurred on or after June 1, 1996, |
25 |
| and whose
victim
was under the age of 18 at the time the |
|
|
|
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|
1 |
| offense was committed but does not
include the offenses set |
2 |
| forth in subsection (b)(1.5) of Section 2 of that Act;
and any |
3 |
| sex offender as defined in the Sex Offender Registration Act |
4 |
| whose
offense or adjudication as a sexually dangerous person |
5 |
| occurred on or after
June 1, 1997, and whose victim was 18 |
6 |
| years of age or older at the time the
offense was committed but |
7 |
| does not include the offenses set forth in subsection
(b)(1.5) |
8 |
| of Section 2 of that Act.
|
9 |
| "Sex offender" also means any sex offender as defined in
|
10 |
| the Sex Offender Registration Act whose offense or adjudication |
11 |
| as a sexually
dangerous person occurred before June 1, 1996, |
12 |
| and whose victim was under
the
age of 18 at the time the |
13 |
| offense was committed but does not include the
offenses set |
14 |
| forth in subsection (b)(1.5) of Section 2 of that Act; and any |
15 |
| sex
offender
as defined in the Sex Offender Registration Act |
16 |
| whose offense or adjudication
as a sexually dangerous person |
17 |
| occurred before June 1, 1997, and whose
victim
was 18 years of |
18 |
| age or older at the time the offense was committed but does not
|
19 |
| include the offenses set forth in subsection (b)(1.5) of |
20 |
| Section 2 of that
Act.
|
21 |
| "Juvenile sex offender" means any person who is adjudicated |
22 |
| a juvenile
delinquent as the result of the commission of or |
23 |
| attempt to commit a violation
set
forth in item (B) or , (C) , |
24 |
| or (C-5) of Section 2 of the Juvenile Sex Offender Registration
|
25 |
| Act, or a
violation of any substantially similar federal, |
26 |
| Uniform Code of Military
Justice, sister state, or foreign
|
|
|
|
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|
|
1 |
| country law, and whose adjudication occurred on or after the |
2 |
| effective date of
this amendatory Act of the 91st General |
3 |
| Assembly.
|
4 |
| (Source: P.A. 91-48, eff. 7-1-99; 92-828, eff. 8-22-02.)
|
5 |
| (730 ILCS 152/110)
|
6 |
| Sec. 110. Registration. At the time a juvenile sex offender |
7 |
| registers
under
Section 3 of the Juvenile Sex Offender |
8 |
| Registration Act or reports a change of
address or employment |
9 |
| under Section 6 of that Act, the juvenile offender shall
notify |
10 |
| the law
enforcement agency having jurisdiction with
whom the |
11 |
| juvenile offender registers or reports a change of address or |
12 |
| employment
that the juvenile offender is
a juvenile sex |
13 |
| offender.
|
14 |
| (Source: P.A. 90-193, eff. 7-24-97; 91-394, eff. 1-1-00.)
|
15 |
| (730 ILCS 152/115)
|
16 |
| Sec. 115. Sex offender database.
|
17 |
| (a) The Department of State Police
shall establish and |
18 |
| maintain a Statewide Juvenile Sex Offender Database for
the
|
19 |
| purpose of identifying sex offenders and making that |
20 |
| information
available to the persons specified in Section |
21 |
| Sections 120 and 125 of this Law. The
Database shall be created |
22 |
| from the Law Enforcement Agencies Data System (LEADS)
|
23 |
| established under Section 6 of the Intergovernmental Missing |
24 |
| Child Recovery Act
of 1984. The Department of State Police |
|
|
|
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LRB096 20806 RLC 39001 a |
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|
1 |
| shall examine its LEADS database for
persons registered as |
2 |
| juvenile sex offenders under the Juvenile Sex Offender |
3 |
| Registration Act and
shall identify those who are juvenile sex |
4 |
| offenders and shall add all the
information, including |
5 |
| photographs if available, on those sex offenders to
the |
6 |
| Statewide Sex
Offender
Database.
|
7 |
| (b) The Department of State Police must make the |
8 |
| information contained in
the
Statewide Sex Offender Database |
9 |
| accessible on the Internet by means of a
hyperlink
labeled "Sex |
10 |
| Offender Information" on the Department's World Wide Web home
|
11 |
| page. The Department must make the information contained in the |
12 |
| Statewide Sex Offender Database searchable via a mapping system |
13 |
| which identifies registered sex offenders living within 5 miles |
14 |
| of an identified address. The Department of State Police must |
15 |
| update that information as it deems
necessary.
|
16 |
| The Department of State Police may require that a person |
17 |
| who seeks access to
the sex
offender information submit |
18 |
| biographical information about himself or
herself before
|
19 |
| permitting access to the sex offender information. The |
20 |
| Department of State Police must promulgate rules
in accordance |
21 |
| with the Illinois Administrative Procedure
Act to implement |
22 |
| this
subsection
(b)
and those rules must include procedures to |
23 |
| ensure that the information in the
database is accurate.
|
24 |
| (b) (c ) The Department of State Police, Sex Offender |
25 |
| Registration Unit, must develop and conduct training to educate |
26 |
| all those entities involved in the Juvenile Sex Offender |
|
|
|
09600SB3799sam001 |
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|
|
1 |
| Registration Program.
|
2 |
| (Source: P.A. 93-979, eff. 8-20-04; 94-994, eff. 1-1-07.)
|
3 |
| (730 ILCS 152/116) |
4 |
| Sec. 116. Missing Sex Offender Database. |
5 |
| (a) The Department of State Police
shall establish and |
6 |
| maintain a Statewide Missing Sex Offender Database for
the
|
7 |
| purpose of identifying missing juvenile sex offenders and |
8 |
| making that information
available to the persons specified in |
9 |
| Section Sections 120 and 125 of this Law. The
Database shall be |
10 |
| created from the Law Enforcement Agencies Data System (LEADS)
|
11 |
| established under Section 6 of the Intergovernmental Missing |
12 |
| Child Recovery Act
of 1984. The Department of State Police |
13 |
| shall examine its LEADS database for
persons registered as |
14 |
| juvenile sex offenders under the Juvenile Sex Offender |
15 |
| Registration Act and
shall identify those who are juvenile sex |
16 |
| offenders and who have not complied with the provisions of |
17 |
| Section 6 of that Act or whose address can not be verified |
18 |
| under Section 8-5 of that Act and shall add all the
|
19 |
| information, including photographs if available, on those |
20 |
| missing juvenile sex offenders to
the Statewide Juvenile Sex
|
21 |
| Offender
Database.
|
22 |
| (b) The Department of State Police must make the |
23 |
| information contained in
the
Statewide Missing Sex Offender |
24 |
| Database accessible on the Internet by means of a
hyperlink
|
25 |
| labeled "Missing Sex Offender Information" on the Department's |
|
|
|
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LRB096 20806 RLC 39001 a |
|
|
1 |
| World Wide Web home
page and on the Attorney General's I-SORT |
2 |
| page. The Department of State Police must update that |
3 |
| information as it deems
necessary. The Internet page shall also |
4 |
| include information that rewards are available to persons who |
5 |
| inform the Department of State Police or a local law |
6 |
| enforcement agency of the whereabouts of a missing sex |
7 |
| offender.
|
8 |
| The Department of State Police may require that a person |
9 |
| who seeks access to
the missing sex
offender information submit |
10 |
| biographical information about himself or
herself before
|
11 |
| permitting access to the missing sex offender information. The |
12 |
| Department of State Police must promulgate rules
in accordance |
13 |
| with the Illinois Administrative Procedure
Act to implement |
14 |
| this
subsection
(b)
and those rules must include procedures to |
15 |
| ensure that the information in the
database is accurate. |
16 |
| (b) (c) The Department of State Police, Sex Offender |
17 |
| Registration Unit, must develop and conduct training to educate |
18 |
| all those entities involved in the Missing Sex Offender |
19 |
| Registration Program.
|
20 |
| (Source: P.A. 95-817, eff. 8-14-08.)
|
21 |
| (730 ILCS 152/117)
|
22 |
| Sec. 117.
The Department of State Police shall promulgate |
23 |
| rules to
develop a list of juvenile sex offenders covered by |
24 |
| this Act and a list of
child
care facilities, schools, and |
25 |
| institutions of higher education
eligible to receive notice |
|
|
|
09600SB3799sam001 |
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|
|
1 |
| under this Act, so
that
the list can be disseminated in a |
2 |
| timely manner to law enforcement agencies
having jurisdiction.
|
3 |
| (Source: P.A. 92-828, eff. 8-22-02.)
|
4 |
| (730 ILCS 152/120)
|
5 |
| Sec. 120. Community notification of juvenile sex |
6 |
| offenders.
|
7 |
| (a) The sheriff of the county, except Cook County, shall |
8 |
| disclose to the
following the name, address, date of birth, |
9 |
| place of employment, school
attended, e-mail addresses, |
10 |
| instant messaging identities, chat room identities, other |
11 |
| Internet communications identities, all Uniform Resource |
12 |
| Locators (URLs) registered or used by the juvenile sex |
13 |
| offender, all blogs and other Internet sites maintained by the |
14 |
| juvenile sex offender or to which the juvenile sex offender has |
15 |
| uploaded any content or posted any messages or information, and |
16 |
| offense
or adjudication of all juvenile sex offenders required |
17 |
| to register under Section 3 of
the Juvenile Sex Offender |
18 |
| Registration Act:
|
19 |
| (1) The boards of institutions of higher education or |
20 |
| other appropriate
administrative offices of each |
21 |
| non-public institution of higher education
located in the |
22 |
| county where the juvenile sex offender is required to |
23 |
| register, resides,
is employed, or is attending an |
24 |
| institution of higher education;
|
25 |
| (2) School boards of public school districts and the |
|
|
|
09600SB3799sam001 |
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LRB096 20806 RLC 39001 a |
|
|
1 |
| principal or other
appropriate administrative officer of |
2 |
| each nonpublic school located in the
county where the |
3 |
| juvenile sex offender is required to register or is |
4 |
| employed;
|
5 |
| (3) Child care facilities located in the county
where |
6 |
| the juvenile sex offender is required to register or is |
7 |
| employed;
|
8 |
| (4) Libraries located in the
county where the juvenile |
9 |
| sex offender is required to register or is employed;
|
10 |
| (5)
Public libraries located in the
county where the |
11 |
| juvenile sex offender is required to register or is |
12 |
| employed; |
13 |
| (6)
Public housing agencies located in the
county where |
14 |
| the juvenile sex offender is required to register or is |
15 |
| employed; |
16 |
| (7)
The Illinois Department of Children and Family |
17 |
| Services; |
18 |
| (8)
Social service agencies providing services to |
19 |
| minors located in the
county where the juvenile sex |
20 |
| offender is required to register or is employed; |
21 |
| (9)
Volunteer organizations providing services to |
22 |
| minors located in the
county where the juvenile sex |
23 |
| offender is required to register or is employed; and |
24 |
| (10) A victim of a sex offense residing in the county
|
25 |
| where the juvenile sex offender is required to register or |
26 |
| is employed, who is not otherwise required to be notified |
|
|
|
09600SB3799sam001 |
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LRB096 20806 RLC 39001 a |
|
|
1 |
| under Section 4.5 of the Rights of Crime Victims and |
2 |
| Witnesses Act or Section 75 of the Sexually Violent Persons |
3 |
| Commitment Act. |
4 |
| (a-2) The sheriff of Cook County shall disclose to the |
5 |
| following the name,
address, date of birth, place of |
6 |
| employment, school attended, e-mail addresses, instant |
7 |
| messaging identities, chat room identities, other Internet |
8 |
| communications identities, all Uniform Resource Locators |
9 |
| (URLs) registered or used by the juvenile sex offender, all |
10 |
| blogs and other Internet sites maintained by the juvenile sex |
11 |
| offender or to which the juvenile sex offender has uploaded any |
12 |
| content or posted any messages or information, and offense
or
|
13 |
| adjudication of
all juvenile sex offenders required to register |
14 |
| under Section 3 of the Juvenile Sex Offender
Registration Act:
|
15 |
| (1) School boards of public school districts and the |
16 |
| principal or other
appropriate administrative officer of |
17 |
| each nonpublic school located within the
region of Cook |
18 |
| County, as those public school districts and nonpublic |
19 |
| schools
are identified in LEADS, other than the City of |
20 |
| Chicago, where the juvenile sex offender
is required to |
21 |
| register or is employed;
|
22 |
| (2) Child care facilities located within the region of |
23 |
| Cook
County, as those child care facilities are identified |
24 |
| in LEADS, other than
the City of Chicago, where the |
25 |
| juvenile sex offender is required to register or is
|
26 |
| employed;
|
|
|
|
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|
1 |
| (3) The boards of institutions of higher education or |
2 |
| other appropriate
administrative offices of each |
3 |
| non-public institution of higher education
located in the |
4 |
| county, other than the City of Chicago, where the juvenile |
5 |
| sex offender
is required to register, resides, is employed, |
6 |
| or attending an institution
of
higher
education;
|
7 |
| (4) Libraries located in the
county, other than the |
8 |
| City of Chicago, where the juvenile sex offender
is |
9 |
| required to register, resides, is employed, or is attending |
10 |
| an institution
of
higher
education; |
11 |
| (5)
Public libraries located in the county, other than |
12 |
| the City of Chicago, where the juvenile sex offender
is |
13 |
| required to register, resides, is employed, or attending an |
14 |
| institution
of
higher
education; |
15 |
| (6)
Public housing agencies located in the county, |
16 |
| other than the City of Chicago, where the juvenile sex |
17 |
| offender
is required to register, resides, is employed, or |
18 |
| attending an institution
of
higher
education; |
19 |
| (7)
The Illinois Department of Children and Family |
20 |
| Services; |
21 |
| (8)
Social service agencies providing services to |
22 |
| minors located in the county, other than the City of |
23 |
| Chicago, where the juvenile sex offender
is required to |
24 |
| register, resides, is employed, or attending an |
25 |
| institution
of
higher
education; |
26 |
| (9)
Volunteer organizations providing services to |
|
|
|
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| minors located in the county, other than the City of |
2 |
| Chicago, where the juvenile sex offender
is required to |
3 |
| register, resides, is employed, or attending an |
4 |
| institution
of
higher
education; and |
5 |
| (10) A victim of a sex offense residing in the county, |
6 |
| other than the City of Chicago, where the juvenile sex |
7 |
| offender
is required to register, resides, is employed, or |
8 |
| attends an institution
of
higher
education, who is not |
9 |
| otherwise required to be notified under Section 4.5 of the |
10 |
| Rights of Crime Victims and Witnesses Act or Section 75 of |
11 |
| the Sexually Violent Persons Commitment Act. |
12 |
| (a-3) The Chicago Police Department shall disclose to the |
13 |
| following the
name, address, date of birth, place of |
14 |
| employment, school attended, e-mail addresses, instant |
15 |
| messaging identities, chat room identities, other Internet |
16 |
| communications identities, all Uniform Resource Locators |
17 |
| (URLs) registered or used by the juvenile sex offender, all |
18 |
| blogs and other Internet sites maintained by the juvenile sex |
19 |
| offender or to which the juvenile sex offender has uploaded any |
20 |
| content or posted any messages or information, and
offense
or |
21 |
| adjudication
of all juvenile sex offenders required to register |
22 |
| under Section 3 of the Sex Offender
Registration Act:
|
23 |
| (1) School boards of public school districts and the |
24 |
| principal or other
appropriate administrative officer of |
25 |
| each nonpublic school located in the
police district where |
26 |
| the juvenile sex offender is required to register or is
|
|
|
|
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|
1 |
| employed if the juvenile sex offender is required to |
2 |
| register or is employed in the
City of Chicago;
|
3 |
| (2) Child care facilities located in the police |
4 |
| district where the juvenile
sex offender is required to |
5 |
| register or is employed if the offender is
required to |
6 |
| register or is employed in the City of Chicago;
|
7 |
| (3) The boards of institutions of higher education or |
8 |
| other appropriate
administrative offices of each |
9 |
| non-public institution of higher education
located in the |
10 |
| police district where the juvenile sex offender is required |
11 |
| to register,
resides, is employed, or attending an |
12 |
| institution of higher education in the
City of
Chicago;
|
13 |
| (4) Libraries located in the
police district where the |
14 |
| juvenile sex offender is required to register or is
|
15 |
| employed if the juvenile sex offender is required to |
16 |
| register or is employed in the
City of Chicago; |
17 |
| (5)
Public libraries located in the police district |
18 |
| where the juvenile sex offender is required to register,
|
19 |
| resides, is employed, or attending an institution of higher |
20 |
| education in the
City of
Chicago; |
21 |
| (6)
Public housing agencies located in the police |
22 |
| district where the juvenile sex offender is required to |
23 |
| register,
resides, is employed, or attending an |
24 |
| institution of higher education in the
City of
Chicago; |
25 |
| (7)
The Illinois Department of Children and Family |
26 |
| Services; |
|
|
|
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|
1 |
| (8)
Social service agencies providing services to |
2 |
| minors located in the police district where the juvenile |
3 |
| sex offender is required to register,
resides, is employed, |
4 |
| or attending an institution of higher education in the
City |
5 |
| of
Chicago; |
6 |
| (9)
Volunteer organizations providing services to |
7 |
| minors located in the police district where the juvenile |
8 |
| sex offender is required to register,
resides, is employed, |
9 |
| or attending an institution of higher education in the
City |
10 |
| of
Chicago; and |
11 |
| (10) A victim of a sex offense residing in the police |
12 |
| district where the juvenile sex offender is required to |
13 |
| register,
resides, is employed, or attends an institution |
14 |
| of higher education in the
City of
Chicago, who is not |
15 |
| otherwise required to be notified under Section 4.5 of the |
16 |
| Rights of Crime Victims and Witnesses Act or Section 75 of |
17 |
| the Sexually Violent Persons Commitment Act. |
18 |
| (a-4) The Department of State Police shall provide a list |
19 |
| of juvenile sex offenders
required to register to the Illinois |
20 |
| Department of Children and Family
Services.
|
21 |
| (b) The Department of State Police and any law enforcement |
22 |
| agency may
disclose, in the Department's or agency's |
23 |
| discretion, the following information
to any person likely to |
24 |
| encounter a juvenile sex offender, or sexual predator:
|
25 |
| (1) The juvenile sex offender's name, address, date of |
26 |
| birth, e-mail addresses, instant messaging identities, |
|
|
|
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|
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| chat room identities, and other Internet communications |
2 |
| identities, all Uniform Resource Locators (URLs) |
3 |
| registered or used by the juvenile sex offender, and all |
4 |
| blogs and other Internet sites maintained by the juvenile |
5 |
| sex offender or to which the juvenile sex offender has |
6 |
| uploaded any content or posted any messages or information.
|
7 |
| (2) The offense for which the juvenile sex offender was |
8 |
| adjudicated convicted .
|
9 |
| (3) Adjudication as a sexually dangerous person.
|
10 |
| (4) The offender's photograph or other such |
11 |
| information that will help
identify the juvenile sex |
12 |
| offender.
|
13 |
| (5) Juvenile sex offender Offender employment |
14 |
| information, to protect public safety.
|
15 |
| (c) The name, address, date of birth, e-mail addresses, |
16 |
| instant messaging identities, chat room identities, other |
17 |
| Internet communications identities, all Uniform Resource |
18 |
| Locators (URLs) registered or used by the sex offender, all |
19 |
| blogs and other Internet sites maintained by the sex offender |
20 |
| or to which the sex offender has uploaded any content or posted |
21 |
| any messages or information, offense or adjudication, the |
22 |
| county of conviction, license plate numbers for every vehicle |
23 |
| registered in the name of the sex offender, the age of the sex |
24 |
| offender at the time of the commission of the offense, the age |
25 |
| of the victim at the time of the commission of the offense, and |
26 |
| any distinguishing marks located on the body of the sex |
|
|
|
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|
1 |
| offender for sex
offenders required to register under Section 3 |
2 |
| of the Sex Offender Registration
Act shall be open to |
3 |
| inspection by the public as provided in this Section.
Every |
4 |
| municipal police department shall make available at its |
5 |
| headquarters
the information on all sex offenders who are |
6 |
| required to register in the
municipality under the Sex Offender |
7 |
| Registration Act. The sheriff shall
also make available at his |
8 |
| or her headquarters the information on all sex
offenders who |
9 |
| are required to register under that Act and who live in
|
10 |
| unincorporated areas of the county. Sex offender information |
11 |
| must be made
available for public inspection to any person, no |
12 |
| later than 72 hours or 3
business days from the date of the |
13 |
| request.
The request must be made in person, in writing, or by |
14 |
| telephone.
Availability must include giving the inquirer |
15 |
| access to a
facility where the information may be copied. A |
16 |
| department or sheriff
may charge a fee, but the fee may not |
17 |
| exceed the actual costs of
copying the information. An inquirer |
18 |
| must be allowed to copy this information
in his or her own |
19 |
| handwriting. A department or sheriff must allow access to
the |
20 |
| information during normal public working hours.
The sheriff or |
21 |
| a municipal police department may publish the
photographs of |
22 |
| sex offenders where any victim was 13 years of age or younger
|
23 |
| and who are required to register in the municipality or county |
24 |
| under the Sex
Offender Registration Act in a newspaper or |
25 |
| magazine of general circulation in
the municipality or county |
26 |
| or may disseminate the photographs of those sex
offenders on |
|
|
|
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|
|
1 |
| the Internet or on television. The law enforcement agency may
|
2 |
| make available the information on all sex offenders residing |
3 |
| within any county.
|
4 |
| (d) The Department of State Police and any law enforcement |
5 |
| agency having
jurisdiction may, in the Department's or agency's |
6 |
| discretion, place the
information specified in subsection (b) |
7 |
| on the Internet or in
other media.
|
8 |
| (e) (Blank).
|
9 |
| (f) The administrator of a transitional housing facility |
10 |
| for juvenile sex offenders shall comply with the notification |
11 |
| procedures established in paragraph (4) of subsection (b) of |
12 |
| Section 3-17-5 of the Unified Code of Corrections. |
13 |
| (g) A principal or teacher of a public or private |
14 |
| elementary or secondary school shall notify the parents of |
15 |
| children attending the school during school registration or |
16 |
| during parent-teacher conferences that information about |
17 |
| juvenile sex offenders is available to the public as provided |
18 |
| in this Act.
|
19 |
| (h) In order to receive notice under paragraph (10) of |
20 |
| subsection (a), paragraph (10) of subsection (a-2), or |
21 |
| paragraph (10) of subsection (a-3), the victim of the juvenile |
22 |
| sex offense must notify the appropriate sheriff or the Chicago |
23 |
| Police Department in writing, by facsimile transmission, or by |
24 |
| e-mail that the victim desires to receive such notice. |
25 |
| (i) For purposes of this Section, "victim of a sex offense" |
26 |
| means: |
|
|
|
09600SB3799sam001 |
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LRB096 20806 RLC 39001 a |
|
|
1 |
| (1) the victim of the sex offense; or |
2 |
| (2) a single
representative who
may be the spouse, |
3 |
| parent, child, or sibling of a person killed during the |
4 |
| course of a sex offense perpetrated against the person |
5 |
| killed or the spouse, parent,
child, or sibling of any |
6 |
| victim of a sex offense who is physically
or mentally |
7 |
| incapable of comprehending or requesting notice. |
8 |
| (Source: P.A. 94-161, eff. 7-11-05; 94-168, eff. 1-1-06; |
9 |
| 94-994, eff. 1-1-07; 95-229, eff. 8-16-07; 95-278, eff. |
10 |
| 8-17-07; 95-640, eff. 6-1-08; 95-876, eff. 8-21-08; 95-896, |
11 |
| eff. 1-1-09.)
|
12 |
| (730 ILCS 152/122) |
13 |
| Sec. 122. Special alerts. A law enforcement agency having |
14 |
| jurisdiction
may provide to the public a special alert list |
15 |
| warning parents to be aware that
sex offenders may attempt to |
16 |
| contact children during holidays involving
children, such as |
17 |
| Halloween, Christmas, and Easter and to inform parents that
|
18 |
| information containing the names and addresses of registered |
19 |
| sex offenders
are accessible on the Internet by means of a |
20 |
| hyperlink labeled "Sex Offender
Information" on the Department |
21 |
| of State Police's World Wide Web home
page and are available |
22 |
| for public inspection at the agency's headquarters .
|
23 |
| (Source: P.A. 94-159, eff. 7-11-05; 95-331, eff. 8-21-07.)".
|