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1 | AN ACT concerning criminal law. | |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||
4 | Section 5. The Criminal Code of 2012 is amended by | |||||||||||||||||||
5 | changing Section 11-9.3 as follows: | |||||||||||||||||||
6 | (720 ILCS 5/11-9.3) | |||||||||||||||||||
7 | Sec. 11-9.3. Presence within school zone by child sex | |||||||||||||||||||
8 | offenders prohibited; approaching, contacting, residing with, | |||||||||||||||||||
9 | or communicating with a child within certain places by child | |||||||||||||||||||
10 | sex offenders prohibited. | |||||||||||||||||||
11 | (a) It is unlawful for a child sex offender to knowingly be | |||||||||||||||||||
12 | present in any school building, on real property comprising | |||||||||||||||||||
13 | any school, or in any conveyance owned, leased, or contracted | |||||||||||||||||||
14 | by a school to transport students to or from school or a school | |||||||||||||||||||
15 | related activity when persons under the age of 18 are present | |||||||||||||||||||
16 | in the building, on the grounds or in the conveyance, unless | |||||||||||||||||||
17 | the offender is a parent or guardian of a student attending the | |||||||||||||||||||
18 | school and the parent or guardian is: (i) attending a | |||||||||||||||||||
19 | conference at the school with school personnel to discuss the | |||||||||||||||||||
20 | progress of his or her child academically or socially, (ii) | |||||||||||||||||||
21 | participating in child review conferences in which evaluation | |||||||||||||||||||
22 | and placement decisions may be made with respect to his or her | |||||||||||||||||||
23 | child regarding special education services, or (iii) attending |
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1 | conferences to discuss other student issues concerning his or | ||||||
2 | her child such as retention and promotion and notifies the | ||||||
3 | principal of the school of his or her presence at the school or | ||||||
4 | unless the offender has permission to be present from the | ||||||
5 | superintendent or the school board or in the case of a private | ||||||
6 | school from the principal. In the case of a public school, if | ||||||
7 | permission is granted, the superintendent or school board | ||||||
8 | president must inform the principal of the school where the | ||||||
9 | sex offender will be present. Notification includes the nature | ||||||
10 | of the sex offender's visit and the hours in which the sex | ||||||
11 | offender will be present in the school. The sex offender is | ||||||
12 | responsible for notifying the principal's office when he or | ||||||
13 | she arrives on school property and when he or she departs from | ||||||
14 | school property. If the sex offender is to be present in the | ||||||
15 | vicinity of children, the sex offender has the duty to remain | ||||||
16 | under the direct supervision of a school official. | ||||||
17 | (a-5) It is unlawful for a child sex offender to knowingly | ||||||
18 | be present within 100 feet of a site posted as a pick-up or | ||||||
19 | discharge stop for a conveyance owned, leased, or contracted | ||||||
20 | by a school to transport students to or from school or a school | ||||||
21 | related activity when one or more persons under the age of 18 | ||||||
22 | are present at the site. | ||||||
23 | (a-10) It is unlawful for a child sex offender to | ||||||
24 | knowingly be present in any public park building, a playground | ||||||
25 | or recreation area within any publicly accessible privately | ||||||
26 | owned building, or on real property comprising any public park |
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1 | when persons under the age of 18 are present in the building or | ||||||
2 | on the grounds and to approach, contact, or communicate with a | ||||||
3 | child under 18 years of age, unless the offender is a parent or | ||||||
4 | guardian of a person under 18 years of age present in the | ||||||
5 | building or on the grounds. | ||||||
6 | (b) It is unlawful for a child sex offender to knowingly | ||||||
7 | loiter within 500 feet of a school building or real property | ||||||
8 | comprising any school while persons under the age of 18 are | ||||||
9 | present in the building or on the grounds, unless the offender | ||||||
10 | is a parent or guardian of a student attending the school and | ||||||
11 | the parent or guardian is: (i) attending a conference at the | ||||||
12 | school with school personnel to discuss the progress of his or | ||||||
13 | her child academically or socially, (ii) participating in | ||||||
14 | child review conferences in which evaluation and placement | ||||||
15 | decisions may be made with respect to his or her child | ||||||
16 | regarding special education services, or (iii) attending | ||||||
17 | conferences to discuss other student issues concerning his or | ||||||
18 | her child such as retention and promotion and notifies the | ||||||
19 | principal of the school of his or her presence at the school or | ||||||
20 | has permission to be present from the superintendent or the | ||||||
21 | school board or in the case of a private school from the | ||||||
22 | principal. In the case of a public school, if permission is | ||||||
23 | granted, the superintendent or school board president must | ||||||
24 | inform the principal of the school where the sex offender will | ||||||
25 | be present. Notification includes the nature of the sex | ||||||
26 | offender's visit and the hours in which the sex offender will |
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1 | be present in the school. The sex offender is responsible for | ||||||
2 | notifying the principal's office when he or she arrives on | ||||||
3 | school property and when he or she departs from school | ||||||
4 | property. If the sex offender is to be present in the vicinity | ||||||
5 | of children, the sex offender has the duty to remain under the | ||||||
6 | direct supervision of a school official. | ||||||
7 | (b-2) It is unlawful for a child sex offender to knowingly | ||||||
8 | loiter on a public way within 500 feet of a public park | ||||||
9 | building or real property comprising any public park while | ||||||
10 | persons under the age of 18 are present in the building or on | ||||||
11 | the grounds and to approach, contact, or communicate with a | ||||||
12 | child under 18 years of age, unless the offender is a parent or | ||||||
13 | guardian of a person under 18 years of age present in the | ||||||
14 | building or on the grounds. | ||||||
15 | (b-5) It is unlawful for a child sex offender with the duty | ||||||
16 | to register under the Sex Offender Registration Act to | ||||||
17 | knowingly reside within 250 500 feet of a school building or | ||||||
18 | the real property comprising any school that persons under the | ||||||
19 | age of 18 attend. Nothing in this subsection (b-5) prohibits a | ||||||
20 | child sex offender from residing within 500 feet of a school | ||||||
21 | building or the real property comprising any school that | ||||||
22 | persons under 18 attend if the property is owned by the child | ||||||
23 | sex offender and was purchased before July 7, 2000 (the | ||||||
24 | effective date of Public Act 91-911). Nothing in this | ||||||
25 | subsection (b-5) prohibits a person subject to this subsection | ||||||
26 | (b-5) from residing within 250 feet of a school building or the |
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1 | real property comprising any school that persons under 18 | ||||||
2 | attend if the property was already established as his or her | ||||||
3 | current address of registration prior to the date that the | ||||||
4 | school opened, or if required to obtain a license prior to | ||||||
5 | opening, was issued a license to open. | ||||||
6 | (b-10) It is unlawful for a child sex offender with the | ||||||
7 | duty to register under the Sex Offender Registration Act to | ||||||
8 | knowingly reside within 250 500 feet of a playground, child | ||||||
9 | care institution, day care center, part day child care | ||||||
10 | facility, day care home, group day care home, or a facility | ||||||
11 | providing programs or services exclusively directed toward | ||||||
12 | persons under 18 years of age. Nothing in this subsection | ||||||
13 | (b-10) prohibits a child sex offender from residing within 500 | ||||||
14 | feet of a playground or a facility providing programs or | ||||||
15 | services exclusively directed toward persons under 18 years of | ||||||
16 | age if the property is owned by the child sex offender and was | ||||||
17 | purchased before July 7, 2000. Nothing in this subsection | ||||||
18 | (b-10) prohibits a child sex offender from residing within 500 | ||||||
19 | feet of a child care institution, day care center, or part day | ||||||
20 | child care facility if the property is owned by the child sex | ||||||
21 | offender and was purchased before June 26, 2006. Nothing in | ||||||
22 | this subsection (b-10) prohibits a child sex offender from | ||||||
23 | residing within 500 feet of a day care home or group day care | ||||||
24 | home if the property is owned by the child sex offender and was | ||||||
25 | purchased before August 14, 2008 (the effective date of Public | ||||||
26 | Act 95-821). Nothing in this subsection (b-10) prohibits a |
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1 | person subject to this subsection (b-10) from residing within | ||||||
2 | 250 feet of a playground, child care institution, day care | ||||||
3 | center, part day care child care facility, or a facility | ||||||
4 | providing programs or services exclusively directed toward | ||||||
5 | person under 18 years of age if the property was established as | ||||||
6 | his or her current address of registration prior to the date | ||||||
7 | that entity was opened, or if the entity must obtain a license | ||||||
8 | in order to provide programs or services, the date that the | ||||||
9 | license was issued. | ||||||
10 | (b-15) It is unlawful for a child sex offender to | ||||||
11 | knowingly reside within 500 feet of the victim of the sex | ||||||
12 | offense. Nothing in this subsection (b-15) prohibits a child | ||||||
13 | sex offender from residing within 500 feet of the victim if the | ||||||
14 | property in which the child sex offender resides is owned by | ||||||
15 | the child sex offender and was purchased before August 22, | ||||||
16 | 2002. | ||||||
17 | This subsection (b-15) does not apply if the victim of the | ||||||
18 | sex offense is 21 years of age or older. | ||||||
19 | (b-20) It is unlawful for a child sex offender to | ||||||
20 | knowingly communicate, other than for a lawful purpose under | ||||||
21 | Illinois law, using the Internet or any other digital media, | ||||||
22 | with a person under 18 years of age or with a person whom he or | ||||||
23 | she believes to be a person under 18 years of age, unless the | ||||||
24 | offender is a parent or guardian of the person under 18 years | ||||||
25 | of age. | ||||||
26 | (c) It is unlawful for a child sex offender to knowingly |
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1 | operate, manage, be employed by, volunteer at, be associated | ||||||
2 | with, or knowingly be present at any: (i) facility providing | ||||||
3 | programs or services exclusively directed toward persons under | ||||||
4 | the age of 18; (ii) day care center; (iii) part day child care | ||||||
5 | facility; (iv) child care institution; (v) school providing | ||||||
6 | before and after school programs for children under 18 years | ||||||
7 | of age; (vi) day care home; or (vii) group day care home. This | ||||||
8 | does not prohibit a child sex offender from owning the real | ||||||
9 | property upon which the programs or services are offered or | ||||||
10 | upon which the day care center, part day child care facility, | ||||||
11 | child care institution, or school providing before and after | ||||||
12 | school programs for children under 18 years of age is located, | ||||||
13 | provided the child sex offender refrains from being present on | ||||||
14 | the premises for the hours during which: (1) the programs or | ||||||
15 | services are being offered or (2) the day care center, part day | ||||||
16 | child care facility, child care institution, or school | ||||||
17 | providing before and after school programs for children under | ||||||
18 | 18 years of age, day care home, or group day care home is | ||||||
19 | operated. | ||||||
20 | (c-2) It is unlawful for a child sex offender to | ||||||
21 | participate in a holiday event involving children under 18 | ||||||
22 | years of age, including but not limited to distributing candy | ||||||
23 | or other items to children on Halloween, wearing a Santa Claus | ||||||
24 | costume on or preceding Christmas, being employed as a | ||||||
25 | department store Santa Claus, or wearing an Easter Bunny | ||||||
26 | costume on or preceding Easter. For the purposes of this |
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1 | subsection, child sex offender has the meaning as defined in | ||||||
2 | this Section, but does not include as a sex offense under | ||||||
3 | paragraph (2) of subsection (d) of this Section, the offense | ||||||
4 | under subsection (c) of Section 11-1.50 of this Code. This | ||||||
5 | subsection does not apply to a child sex offender who is a | ||||||
6 | parent or guardian of children under 18 years of age that are | ||||||
7 | present in the home and other non-familial minors are not | ||||||
8 | present. | ||||||
9 | (c-5) It is unlawful for a child sex offender to knowingly | ||||||
10 | operate, manage, be employed by, or be associated with any | ||||||
11 | carnival, amusement enterprise, or county or State fair when | ||||||
12 | persons under the age of 18 are present. | ||||||
13 | (c-6) It is unlawful for a child sex offender who owns and | ||||||
14 | resides at residential real estate to knowingly rent any | ||||||
15 | residential unit within the same building in which he or she | ||||||
16 | resides to a person who is the parent or guardian of a child or | ||||||
17 | children under 18 years of age. This subsection shall apply | ||||||
18 | only to leases or other rental arrangements entered into after | ||||||
19 | January 1, 2009 (the effective date of Public Act 95-820). | ||||||
20 | (c-7) It is unlawful for a child sex offender to knowingly | ||||||
21 | offer or provide any programs or services to persons under 18 | ||||||
22 | years of age in his or her residence or the residence of | ||||||
23 | another or in any facility for the purpose of offering or | ||||||
24 | providing such programs or services, whether such programs or | ||||||
25 | services are offered or provided by contract, agreement, | ||||||
26 | arrangement, or on a volunteer basis. |
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1 | (c-8) It is unlawful for a child sex offender to knowingly | ||||||
2 | operate, whether authorized to do so or not, any of the | ||||||
3 | following vehicles: (1) a vehicle which is specifically | ||||||
4 | designed, constructed or modified and equipped to be used for | ||||||
5 | the retail sale of food or beverages, including but not | ||||||
6 | limited to an ice cream truck; (2) an authorized emergency | ||||||
7 | vehicle; or (3) a rescue vehicle. | ||||||
8 | (d) Definitions. In this Section: | ||||||
9 | (1) "Child sex offender" means any person who: | ||||||
10 | (i) has been charged under Illinois law, or any | ||||||
11 | substantially similar federal law or law of another | ||||||
12 | state, with a sex offense set forth in paragraph (2) of | ||||||
13 | this subsection (d) or the attempt to commit an | ||||||
14 | included sex offense, and the victim is a person under | ||||||
15 | 18 years of age at the time of the offense; and: | ||||||
16 | (A) is convicted of such offense or an attempt | ||||||
17 | to commit such offense; or | ||||||
18 | (B) is found not guilty by reason of insanity | ||||||
19 | of such offense or an attempt to commit such | ||||||
20 | offense; or | ||||||
21 | (C) is found not guilty by reason of insanity | ||||||
22 | pursuant to subsection (c) of Section 104-25 of | ||||||
23 | the Code of Criminal Procedure of 1963 of such | ||||||
24 | offense or an attempt to commit such offense; or | ||||||
25 | (D) is the subject of a finding not resulting | ||||||
26 | in an acquittal at a hearing conducted pursuant to |
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1 | subsection (a) of Section 104-25 of the Code of | ||||||
2 | Criminal Procedure of 1963 for the alleged | ||||||
3 | commission or attempted commission of such | ||||||
4 | offense; or | ||||||
5 | (E) is found not guilty by reason of insanity | ||||||
6 | following a hearing conducted pursuant to a | ||||||
7 | federal law or the law of another state | ||||||
8 | substantially similar to subsection (c) of Section | ||||||
9 | 104-25 of the Code of Criminal Procedure of 1963 | ||||||
10 | of such offense or of the attempted commission of | ||||||
11 | such offense; or | ||||||
12 | (F) is the subject of a finding not resulting | ||||||
13 | in an acquittal at a hearing conducted pursuant to | ||||||
14 | a federal law or the law of another state | ||||||
15 | substantially similar to subsection (a) of Section | ||||||
16 | 104-25 of the Code of Criminal Procedure of 1963 | ||||||
17 | for the alleged violation or attempted commission | ||||||
18 | of such offense; or | ||||||
19 | (ii) is certified as a sexually dangerous person | ||||||
20 | pursuant to the Illinois Sexually Dangerous Persons | ||||||
21 | Act, or any substantially similar federal law or the | ||||||
22 | law of another state, when any conduct giving rise to | ||||||
23 | such certification is committed or attempted against a | ||||||
24 | person less than 18 years of age; or | ||||||
25 | (iii) is subject to the provisions of Section 2 of | ||||||
26 | the Interstate Agreements on Sexually Dangerous |
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1 | Persons Act. | ||||||
2 | Convictions that result from or are connected with the | ||||||
3 | same act, or result from offenses committed at the same | ||||||
4 | time, shall be counted for the purpose of this Section as | ||||||
5 | one conviction. Any conviction set aside pursuant to law | ||||||
6 | is not a conviction for purposes of this Section. | ||||||
7 | (2) Except as otherwise provided in paragraph (2.5), | ||||||
8 | "sex offense" means: | ||||||
9 | (i) A violation of any of the following Sections | ||||||
10 | of the Criminal Code of 1961 or the Criminal Code of | ||||||
11 | 2012: 10-4 (forcible detention), 10-7 (aiding or | ||||||
12 | abetting child abduction under Section 10-5(b)(10)), | ||||||
13 | 10-5(b)(10) (child luring), 11-1.40 (predatory | ||||||
14 | criminal sexual assault of a child), 11-6 (indecent | ||||||
15 | solicitation of a child), 11-6.5 (indecent | ||||||
16 | solicitation of an adult), 11-9.1 (sexual exploitation | ||||||
17 | of a child), 11-9.2 (custodial sexual misconduct), | ||||||
18 | 11-9.5 (sexual misconduct with a person with a | ||||||
19 | disability), 11-11 (sexual relations within families), | ||||||
20 | 11-14.3(a)(1) (promoting prostitution by advancing | ||||||
21 | prostitution), 11-14.3(a)(2)(A) (promoting | ||||||
22 | prostitution by profiting from prostitution by | ||||||
23 | compelling a person to be a prostitute), | ||||||
24 | 11-14.3(a)(2)(C) (promoting prostitution by profiting | ||||||
25 | from prostitution by means other than as described in | ||||||
26 | subparagraphs (A) and (B) of paragraph (2) of |
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1 | subsection (a) of Section 11-14.3), 11-14.4 (promoting | ||||||
2 | juvenile prostitution), 11-18.1 (patronizing a | ||||||
3 | juvenile prostitute), 11-20.1 (child pornography), | ||||||
4 | 11-20.1B (aggravated child pornography), 11-21 | ||||||
5 | (harmful material), 11-25 (grooming), 11-26 (traveling | ||||||
6 | to meet a minor or traveling to meet a child), 12-33 | ||||||
7 | (ritualized abuse of a child), 11-20 (obscenity) (when | ||||||
8 | that offense was committed in any school, on real | ||||||
9 | property comprising any school, in any conveyance | ||||||
10 | owned, leased, or contracted by a school to transport | ||||||
11 | students to or from school or a school related | ||||||
12 | activity, or in a public park), 11-30 (public | ||||||
13 | indecency) (when committed in a school, on real | ||||||
14 | property comprising a school, in any conveyance owned, | ||||||
15 | leased, or contracted by a school to transport | ||||||
16 | students to or from school or a school related | ||||||
17 | activity, or in a public park). An attempt to commit | ||||||
18 | any of these offenses. | ||||||
19 | (ii) A violation of any of the following Sections | ||||||
20 | of the Criminal Code of 1961 or the Criminal Code of | ||||||
21 | 2012, when the victim is a person under 18 years of | ||||||
22 | age: 11-1.20 (criminal sexual assault), 11-1.30 | ||||||
23 | (aggravated criminal sexual assault), 11-1.50 | ||||||
24 | (criminal sexual abuse), 11-1.60 (aggravated criminal | ||||||
25 | sexual abuse). An attempt to commit any of these | ||||||
26 | offenses. |
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1 | (iii) A violation of any of the following Sections | ||||||
2 | of the Criminal Code of 1961 or the Criminal Code of | ||||||
3 | 2012, when the victim is a person under 18 years of age | ||||||
4 | and the defendant is not a parent of the victim: | ||||||
5 | 10-1 (kidnapping), | ||||||
6 | 10-2 (aggravated kidnapping), | ||||||
7 | 10-3 (unlawful restraint), | ||||||
8 | 10-3.1 (aggravated unlawful restraint), | ||||||
9 | 11-9.1(A) (permitting sexual abuse of a child). | ||||||
10 | An attempt to commit any of these offenses. | ||||||
11 | (iv) A violation of any former law of this State | ||||||
12 | substantially equivalent to any offense listed in | ||||||
13 | clause (2)(i) or (2)(ii) of subsection (d) of this | ||||||
14 | Section. | ||||||
15 | (2.5) For the purposes of subsections (b-5) and (b-10) | ||||||
16 | only, a sex offense means: | ||||||
17 | (i) A violation of any of the following Sections | ||||||
18 | of the Criminal Code of 1961 or the Criminal Code of | ||||||
19 | 2012: | ||||||
20 | 10-5(b)(10) (child luring), 10-7 (aiding or | ||||||
21 | abetting child abduction under Section 10-5(b)(10)), | ||||||
22 | 11-1.40 (predatory criminal sexual assault of a | ||||||
23 | child), 11-6 (indecent solicitation of a child), | ||||||
24 | 11-6.5 (indecent solicitation of an adult), 11-9.2 | ||||||
25 | (custodial sexual misconduct), 11-9.5 (sexual | ||||||
26 | misconduct with a person with a disability), 11-11 |
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1 | (sexual relations within families), 11-14.3(a)(1) | ||||||
2 | (promoting prostitution by advancing prostitution), | ||||||
3 | 11-14.3(a)(2)(A) (promoting prostitution by profiting | ||||||
4 | from prostitution by compelling a person to be a | ||||||
5 | prostitute), 11-14.3(a)(2)(C) (promoting prostitution | ||||||
6 | by profiting from prostitution by means other than as | ||||||
7 | described in subparagraphs (A) and (B) of paragraph | ||||||
8 | (2) of subsection (a) of Section 11-14.3), 11-14.4 | ||||||
9 | (promoting juvenile prostitution), 11-18.1 | ||||||
10 | (patronizing a juvenile prostitute), 11-20.1 (child | ||||||
11 | pornography), 11-20.1B (aggravated child pornography), | ||||||
12 | 11-25 (grooming), 11-26 (traveling to meet a minor or | ||||||
13 | traveling to meet a child), or 12-33 (ritualized abuse | ||||||
14 | of a child). An attempt to commit any of these | ||||||
15 | offenses. | ||||||
16 | (ii) A violation of any of the following Sections | ||||||
17 | of the Criminal Code of 1961 or the Criminal Code of | ||||||
18 | 2012, when the victim is a person under 18 years of | ||||||
19 | age: 11-1.20 (criminal sexual assault), 11-1.30 | ||||||
20 | (aggravated criminal sexual assault), 11-1.60 | ||||||
21 | (aggravated criminal sexual abuse), and subsection (a) | ||||||
22 | of Section 11-1.50 (criminal sexual abuse). An attempt | ||||||
23 | to commit any of these offenses. | ||||||
24 | (iii) A violation of any of the following Sections | ||||||
25 | of the Criminal Code of 1961 or the Criminal Code of | ||||||
26 | 2012, when the victim is a person under 18 years of age |
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1 | and the defendant is not a parent of the victim: | ||||||
2 | 10-1 (kidnapping), | ||||||
3 | 10-2 (aggravated kidnapping), | ||||||
4 | 10-3 (unlawful restraint), | ||||||
5 | 10-3.1 (aggravated unlawful restraint), | ||||||
6 | 11-9.1(A) (permitting sexual abuse of a child). | ||||||
7 | An attempt to commit any of these offenses. | ||||||
8 | (iv) A violation of any former law of this State | ||||||
9 | substantially equivalent to any offense listed in this | ||||||
10 | paragraph (2.5) of this subsection. | ||||||
11 | (3) A conviction for an offense of federal law or the | ||||||
12 | law of another state that is substantially equivalent to | ||||||
13 | any offense listed in paragraph (2) of subsection (d) of | ||||||
14 | this Section shall constitute a conviction for the purpose | ||||||
15 | of this Section. A finding or adjudication as a sexually | ||||||
16 | dangerous person under any federal law or law of another | ||||||
17 | state that is substantially equivalent to the Sexually | ||||||
18 | Dangerous Persons Act shall constitute an adjudication for | ||||||
19 | the purposes of this Section. | ||||||
20 | (4) "Authorized emergency vehicle", "rescue vehicle", | ||||||
21 | and "vehicle" have the meanings ascribed to them in | ||||||
22 | Sections 1-105, 1-171.8 and 1-217, respectively, of the | ||||||
23 | Illinois Vehicle Code. | ||||||
24 | (5) "Child care institution" has the meaning ascribed | ||||||
25 | to it in Section 2.06 of the Child Care Act of 1969. | ||||||
26 | (6) "Day care center" has the meaning ascribed to it |
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1 | in Section 2.09 of the Child Care Act of 1969. | ||||||
2 | (7) "Day care home" has the meaning ascribed to it in | ||||||
3 | Section 2.18 of the Child Care Act of 1969. | ||||||
4 | (8) "Facility providing programs or services directed | ||||||
5 | towards persons under the age of 18" means any facility | ||||||
6 | providing programs or services exclusively directed | ||||||
7 | towards persons under the age of 18. | ||||||
8 | (9) "Group day care home" has the meaning ascribed to | ||||||
9 | it in Section 2.20 of the Child Care Act of 1969. | ||||||
10 | (10) "Internet" has the meaning set forth in Section | ||||||
11 | 16-0.1 of this Code. | ||||||
12 | (11) "Loiter" means: | ||||||
13 | (i) Standing, sitting idly, whether or not the | ||||||
14 | person is in a vehicle, or remaining in or around | ||||||
15 | school or public park property. | ||||||
16 | (ii) Standing, sitting idly, whether or not the | ||||||
17 | person is in a vehicle, or remaining in or around | ||||||
18 | school or public park property, for the purpose of | ||||||
19 | committing or attempting to commit a sex offense. | ||||||
20 | (iii) Entering or remaining in a building in or | ||||||
21 | around school property, other than the offender's | ||||||
22 | residence. | ||||||
23 | (12) "Part day child care facility" has the meaning | ||||||
24 | ascribed to it in Section 2.10 of the Child Care Act of | ||||||
25 | 1969. | ||||||
26 | (13) "Playground" means a piece of land owned or |
| |||||||
| |||||||
1 | controlled by a unit of local government that is | ||||||
2 | designated by the unit of local government for use solely | ||||||
3 | or primarily for children's recreation. | ||||||
4 | (14) "Public park" includes a park, forest preserve, | ||||||
5 | bikeway, trail, or conservation area under the | ||||||
6 | jurisdiction of the State or a unit of local government. | ||||||
7 | (15) "School" means a public or private preschool or | ||||||
8 | elementary or secondary school. | ||||||
9 | (16) "School official" means the principal, a teacher, | ||||||
10 | or any other certified employee of the school, the | ||||||
11 | superintendent of schools or a member of the school board. | ||||||
12 | (e) For the purposes of this Section, the 500 feet | ||||||
13 | distance shall be measured from: (1) the edge of the property | ||||||
14 | of the school building or the real property comprising the | ||||||
15 | school that is closest to the edge of the property of the child | ||||||
16 | sex offender's residence or where he or she is loitering, and | ||||||
17 | (2) the edge of the property comprising the public park | ||||||
18 | building or the real property comprising the public park, | ||||||
19 | playground, child care institution, day care center, part day | ||||||
20 | child care facility, or facility providing programs or | ||||||
21 | services exclusively directed toward persons under 18 years of | ||||||
22 | age, or a victim of the sex offense who is under 21 years of | ||||||
23 | age, to the edge of the child sex offender's place of residence | ||||||
24 | or place where he or she is loitering. | ||||||
25 | (f) Sentence. A person who violates this Section is guilty | ||||||
26 | of a Class 4 felony. |
| |||||||
| |||||||
1 | (Source: P.A. 102-997, eff. 1-1-23 .) | ||||||
2 | Section 10. The Unified Code of Corrections is amended by | ||||||
3 | changing Section 3-3-7 as follows: | ||||||
4 | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | ||||||
5 | Sec. 3-3-7. Conditions of parole or mandatory supervised | ||||||
6 | release. | ||||||
7 | (a) The conditions of parole or mandatory supervised | ||||||
8 | release shall be such as the Prisoner Review Board deems | ||||||
9 | necessary to assist the subject in leading a law-abiding life. | ||||||
10 | The conditions of every parole and mandatory supervised | ||||||
11 | release are that the subject: | ||||||
12 | (1) not violate any criminal statute of any | ||||||
13 | jurisdiction during the parole or release term; | ||||||
14 | (2) refrain from possessing a firearm or other | ||||||
15 | dangerous weapon; | ||||||
16 | (3) report to an agent of the Department of | ||||||
17 | Corrections; | ||||||
18 | (4) permit the agent to visit him or her at his or her | ||||||
19 | home, employment, or elsewhere to the extent necessary for | ||||||
20 | the agent to discharge his or her duties; | ||||||
21 | (5) attend or reside in a facility established for the | ||||||
22 | instruction or residence of persons on parole or mandatory | ||||||
23 | supervised release; | ||||||
24 | (6) secure permission before visiting or writing a |
| |||||||
| |||||||
1 | committed person in an Illinois Department of Corrections | ||||||
2 | facility; | ||||||
3 | (7) report all arrests to an agent of the Department | ||||||
4 | of Corrections as soon as permitted by the arresting | ||||||
5 | authority but in no event later than 24 hours after | ||||||
6 | release from custody and immediately report service or | ||||||
7 | notification of an order of protection, a civil no contact | ||||||
8 | order, or a stalking no contact order to an agent of the | ||||||
9 | Department of Corrections; | ||||||
10 | (7.5) if convicted of a sex offense as defined in the | ||||||
11 | Sex Offender Management Board Act, the individual shall | ||||||
12 | undergo and successfully complete sex offender treatment | ||||||
13 | conducted in conformance with the standards developed by | ||||||
14 | the Sex Offender Management Board Act by a treatment | ||||||
15 | provider approved by the Board; | ||||||
16 | (7.6) (blank); if convicted of a sex offense as | ||||||
17 | defined in the Sex Offender Management Board Act, refrain | ||||||
18 | from residing at the same address or in the same | ||||||
19 | condominium unit or apartment unit or in the same | ||||||
20 | condominium complex or apartment complex with another | ||||||
21 | person he or she knows or reasonably should know is a | ||||||
22 | convicted sex offender or has been placed on supervision | ||||||
23 | for a sex offense; the provisions of this paragraph do not | ||||||
24 | apply to a person convicted of a sex offense who is placed | ||||||
25 | in a Department of Corrections licensed transitional | ||||||
26 | housing facility for sex offenders, or is in any facility |
| |||||||
| |||||||
1 | operated or licensed by the Department of Children and | ||||||
2 | Family Services or by the Department of Human Services, or | ||||||
3 | is in any licensed medical facility; | ||||||
4 | (7.7) if convicted for an offense that would qualify | ||||||
5 | the accused as a sexual predator under the Sex Offender | ||||||
6 | Registration Act on or after January 1, 2007 (the | ||||||
7 | effective date of Public Act 94-988), wear an approved | ||||||
8 | electronic monitoring device as defined in Section 5-8A-2 | ||||||
9 | for the duration of the person's parole, mandatory | ||||||
10 | supervised release term, or extended mandatory supervised | ||||||
11 | release term and if convicted for an offense of criminal | ||||||
12 | sexual assault, aggravated criminal sexual assault, | ||||||
13 | predatory criminal sexual assault of a child, criminal | ||||||
14 | sexual abuse, aggravated criminal sexual abuse, or | ||||||
15 | ritualized abuse of a child committed on or after August | ||||||
16 | 11, 2009 (the effective date of Public Act 96-236) when | ||||||
17 | the victim was under 18 years of age at the time of the | ||||||
18 | commission of the offense and the defendant used force or | ||||||
19 | the threat of force in the commission of the offense wear | ||||||
20 | an approved electronic monitoring device as defined in | ||||||
21 | Section 5-8A-2 that has Global Positioning System (GPS) | ||||||
22 | capability for the duration of the person's parole, | ||||||
23 | mandatory supervised release term, or extended mandatory | ||||||
24 | supervised release term; | ||||||
25 | (7.8) if convicted for an offense committed on or | ||||||
26 | after June 1, 2008 (the effective date of Public Act |
| |||||||
| |||||||
1 | 95-464) that would qualify the accused as a child sex | ||||||
2 | offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
3 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
4 | refrain from communicating with or contacting, by means of | ||||||
5 | the Internet, a person who is not related to the accused | ||||||
6 | and whom the accused reasonably believes to be under 18 | ||||||
7 | years of age; for purposes of this paragraph (7.8), | ||||||
8 | "Internet" has the meaning ascribed to it in Section | ||||||
9 | 16-0.1 of the Criminal Code of 2012; and a person is not | ||||||
10 | related to the accused if the person is not: (i) the | ||||||
11 | spouse, brother, or sister of the accused; (ii) a | ||||||
12 | descendant of the accused; (iii) a first or second cousin | ||||||
13 | of the accused; or (iv) a step-child or adopted child of | ||||||
14 | the accused; | ||||||
15 | (7.9) if convicted under Section 11-6, 11-20.1, | ||||||
16 | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 | ||||||
17 | or the Criminal Code of 2012, consent to search of | ||||||
18 | computers, PDAs, cellular phones, and other devices under | ||||||
19 | his or her control that are capable of accessing the | ||||||
20 | Internet or storing electronic files, in order to confirm | ||||||
21 | Internet protocol addresses reported in accordance with | ||||||
22 | the Sex Offender Registration Act and compliance with | ||||||
23 | conditions in this Act; | ||||||
24 | (7.10) if convicted for an offense that would qualify | ||||||
25 | the accused as a sex offender or sexual predator under the | ||||||
26 | Sex Offender Registration Act on or after June 1, 2008 |
| |||||||
| |||||||
1 | (the effective date of Public Act 95-640), not possess | ||||||
2 | prescription drugs for erectile dysfunction; | ||||||
3 | (7.11) if convicted for an offense under Section 11-6, | ||||||
4 | 11-9.1, 11-14.4 that involves soliciting for a juvenile | ||||||
5 | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||||||
6 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
7 | or any attempt to commit any of these offenses, committed | ||||||
8 | on or after June 1, 2009 (the effective date of Public Act | ||||||
9 | 95-983): | ||||||
10 | (i) not access or use a computer or any other | ||||||
11 | device with Internet capability without the prior | ||||||
12 | written approval of the Department; | ||||||
13 | (ii) submit to periodic unannounced examinations | ||||||
14 | of the offender's computer or any other device with | ||||||
15 | Internet capability by the offender's supervising | ||||||
16 | agent, a law enforcement officer, or assigned computer | ||||||
17 | or information technology specialist, including the | ||||||
18 | retrieval and copying of all data from the computer or | ||||||
19 | device and any internal or external peripherals and | ||||||
20 | removal of such information, equipment, or device to | ||||||
21 | conduct a more thorough inspection; | ||||||
22 | (iii) submit to the installation on the offender's | ||||||
23 | computer or device with Internet capability, at the | ||||||
24 | offender's expense, of one or more hardware or | ||||||
25 | software systems to monitor the Internet use; and | ||||||
26 | (iv) submit to any other appropriate restrictions |
| |||||||
| |||||||
1 | concerning the offender's use of or access to a | ||||||
2 | computer or any other device with Internet capability | ||||||
3 | imposed by the Board, the Department or the offender's | ||||||
4 | supervising agent; | ||||||
5 | (7.12) if convicted of a sex offense as defined in the | ||||||
6 | Sex Offender Registration Act committed on or after | ||||||
7 | January 1, 2010 (the effective date of Public Act 96-262), | ||||||
8 | refrain from accessing or using a social networking | ||||||
9 | website as defined in Section 17-0.5 of the Criminal Code | ||||||
10 | of 2012; | ||||||
11 | (7.13) if convicted of a sex offense as defined in | ||||||
12 | Section 2 of the Sex Offender Registration Act committed | ||||||
13 | on or after January 1, 2010 (the effective date of Public | ||||||
14 | Act 96-362) that requires the person to register as a sex | ||||||
15 | offender under that Act, may not knowingly use any | ||||||
16 | computer scrub software on any computer that the sex | ||||||
17 | offender uses; | ||||||
18 | (8) obtain permission of an agent of the Department of | ||||||
19 | Corrections before leaving the State of Illinois; | ||||||
20 | (9) obtain permission of an agent of the Department of | ||||||
21 | Corrections before changing his or her residence or | ||||||
22 | employment; | ||||||
23 | (10) consent to a search of his or her person, | ||||||
24 | property, or residence under his or her control; | ||||||
25 | (11) refrain from the use or possession of narcotics | ||||||
26 | or other controlled substances in any form, or both, or |
| |||||||
| |||||||
1 | any paraphernalia related to those substances and submit | ||||||
2 | to a urinalysis test as instructed by a parole agent of the | ||||||
3 | Department of Corrections if there is reasonable suspicion | ||||||
4 | of illicit drug use and the source of the reasonable | ||||||
5 | suspicion is documented in the Department's case | ||||||
6 | management system; | ||||||
7 | (12) not knowingly frequent places where controlled | ||||||
8 | substances are illegally sold, used, distributed, or | ||||||
9 | administered; | ||||||
10 | (13) except when the association described in either | ||||||
11 | subparagraph (A) or (B) of this paragraph (13) involves | ||||||
12 | activities related to community programs, worship | ||||||
13 | services, volunteering, engaging families, or some other | ||||||
14 | pro-social activity in which there is no evidence of | ||||||
15 | criminal intent: | ||||||
16 | (A) not knowingly associate with other persons on | ||||||
17 | parole or mandatory supervised release without prior | ||||||
18 | written permission of his or her parole agent; or | ||||||
19 | (B) not knowingly associate with persons who are | ||||||
20 | members of an organized gang as that term is defined in | ||||||
21 | the Illinois Streetgang Terrorism Omnibus Prevention | ||||||
22 | Act; | ||||||
23 | (14) provide true and accurate information, as it | ||||||
24 | relates to his or her adjustment in the community while on | ||||||
25 | parole or mandatory supervised release or to his or her | ||||||
26 | conduct while incarcerated, in response to inquiries by |
| |||||||
| |||||||
1 | his or her parole agent or of the Department of | ||||||
2 | Corrections; | ||||||
3 | (15) follow any specific instructions provided by the | ||||||
4 | parole agent that are consistent with furthering | ||||||
5 | conditions set and approved by the Prisoner Review Board | ||||||
6 | or by law, exclusive of placement on electronic detention, | ||||||
7 | to achieve the goals and objectives of his or her parole or | ||||||
8 | mandatory supervised release or to protect the public. | ||||||
9 | These instructions by the parole agent may be modified at | ||||||
10 | any time, as the agent deems appropriate; | ||||||
11 | (16) if convicted of a sex offense as defined in | ||||||
12 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
13 | offender is a parent or guardian of the person under 18 | ||||||
14 | years of age present in the home and no non-familial | ||||||
15 | minors are present, not participate in a holiday event | ||||||
16 | involving children under 18 years of age, such as | ||||||
17 | distributing candy or other items to children on | ||||||
18 | Halloween, wearing a Santa Claus costume on or preceding | ||||||
19 | Christmas, being employed as a department store Santa | ||||||
20 | Claus, or wearing an Easter Bunny costume on or preceding | ||||||
21 | Easter; | ||||||
22 | (17) if convicted of a violation of an order of | ||||||
23 | protection under Section 12-3.4 or Section 12-30 of the | ||||||
24 | Criminal Code of 1961 or the Criminal Code of 2012, be | ||||||
25 | placed under electronic surveillance as provided in | ||||||
26 | Section 5-8A-7 of this Code; |
| |||||||
| |||||||
1 | (18) comply with the terms and conditions of an order | ||||||
2 | of protection issued pursuant to the Illinois Domestic | ||||||
3 | Violence Act of 1986; an order of protection issued by the | ||||||
4 | court of another state, tribe, or United States territory; | ||||||
5 | a no contact order issued pursuant to the Civil No Contact | ||||||
6 | Order Act; or a no contact order issued pursuant to the | ||||||
7 | Stalking No Contact Order Act; | ||||||
8 | (19) if convicted of a violation of the | ||||||
9 | Methamphetamine Control and Community Protection Act, the | ||||||
10 | Methamphetamine Precursor Control Act, or a | ||||||
11 | methamphetamine related offense, be: | ||||||
12 | (A) prohibited from purchasing, possessing, or | ||||||
13 | having under his or her control any product containing | ||||||
14 | pseudoephedrine unless prescribed by a physician; and | ||||||
15 | (B) prohibited from purchasing, possessing, or | ||||||
16 | having under his or her control any product containing | ||||||
17 | ammonium nitrate; | ||||||
18 | (20) if convicted of a hate crime under Section 12-7.1 | ||||||
19 | of the Criminal Code of 2012, perform public or community | ||||||
20 | service of no less than 200 hours and enroll in an | ||||||
21 | educational program discouraging hate crimes involving the | ||||||
22 | protected class identified in subsection (a) of Section | ||||||
23 | 12-7.1 of the Criminal Code of 2012 that gave rise to the | ||||||
24 | offense the offender committed ordered by the court; and | ||||||
25 | (21) be evaluated by the Department of Corrections | ||||||
26 | prior to release using a validated risk assessment and be |
| |||||||
| |||||||
1 | subject to a corresponding level of supervision. In | ||||||
2 | accordance with the findings of that evaluation: | ||||||
3 | (A) All subjects found to be at a moderate or high | ||||||
4 | risk to recidivate, or on parole or mandatory | ||||||
5 | supervised release for first degree murder, a forcible | ||||||
6 | felony as defined in Section 2-8 of the Criminal Code | ||||||
7 | of 2012, any felony that requires registration as a | ||||||
8 | sex offender under the Sex Offender Registration Act, | ||||||
9 | or a Class X felony or Class 1 felony that is not a | ||||||
10 | violation of the Cannabis Control Act, the Illinois | ||||||
11 | Controlled Substances Act, or the Methamphetamine | ||||||
12 | Control and Community Protection Act, shall be subject | ||||||
13 | to high level supervision. The Department shall define | ||||||
14 | high level supervision based upon evidence-based and | ||||||
15 | research-based practices. Notwithstanding this | ||||||
16 | placement on high level supervision, placement of the | ||||||
17 | subject on electronic monitoring or detention shall | ||||||
18 | not occur unless it is required by law or expressly | ||||||
19 | ordered or approved by the Prisoner Review Board. | ||||||
20 | (B) All subjects found to be at a low risk to | ||||||
21 | recidivate shall be subject to low-level supervision, | ||||||
22 | except for those subjects on parole or mandatory | ||||||
23 | supervised release for first degree murder, a forcible | ||||||
24 | felony as defined in Section 2-8 of the Criminal Code | ||||||
25 | of 2012, any felony that requires registration as a | ||||||
26 | sex offender under the Sex Offender Registration Act, |
| |||||||
| |||||||
1 | or a Class X felony or Class 1 felony that is not a | ||||||
2 | violation of the Cannabis Control Act, the Illinois | ||||||
3 | Controlled Substances Act, or the Methamphetamine | ||||||
4 | Control and Community Protection Act. Low level | ||||||
5 | supervision shall require the subject to check in with | ||||||
6 | the supervising officer via phone or other electronic | ||||||
7 | means. Notwithstanding this placement on low level | ||||||
8 | supervision, placement of the subject on electronic | ||||||
9 | monitoring or detention shall not occur unless it is | ||||||
10 | required by law or expressly ordered or approved by | ||||||
11 | the Prisoner Review Board. | ||||||
12 | (b) The Board may after making an individualized | ||||||
13 | assessment pursuant to subsection (a) of Section 3-14-2 in | ||||||
14 | addition to other conditions require that the subject: | ||||||
15 | (1) work or pursue a course of study or vocational | ||||||
16 | training; | ||||||
17 | (2) undergo medical or psychiatric treatment, or | ||||||
18 | treatment for drug addiction or alcoholism; | ||||||
19 | (3) attend or reside in a facility established for the | ||||||
20 | instruction or residence of persons on probation or | ||||||
21 | parole; | ||||||
22 | (4) support his or her dependents; | ||||||
23 | (5) (blank); | ||||||
24 | (6) (blank); | ||||||
25 | (7) (blank); | ||||||
26 | (7.5) if convicted for an offense committed on or |
| |||||||
| |||||||
1 | after the effective date of this amendatory Act of the | ||||||
2 | 95th General Assembly that would qualify the accused as a | ||||||
3 | child sex offender as defined in Section 11-9.3 or 11-9.4 | ||||||
4 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
5 | refrain from communicating with or contacting, by means of | ||||||
6 | the Internet, a person who is related to the accused and | ||||||
7 | whom the accused reasonably believes to be under 18 years | ||||||
8 | of age; for purposes of this paragraph (7.5), "Internet" | ||||||
9 | has the meaning ascribed to it in Section 16-0.1 of the | ||||||
10 | Criminal Code of 2012; and a person is related to the | ||||||
11 | accused if the person is: (i) the spouse, brother, or | ||||||
12 | sister of the accused; (ii) a descendant of the accused; | ||||||
13 | (iii) a first or second cousin of the accused; or (iv) a | ||||||
14 | step-child or adopted child of the accused; | ||||||
15 | (7.6) if convicted for an offense committed on or | ||||||
16 | after June 1, 2009 (the effective date of Public Act | ||||||
17 | 95-983) that would qualify as a sex offense as defined in | ||||||
18 | the Sex Offender Registration Act: | ||||||
19 | (i) not access or use a computer or any other | ||||||
20 | device with Internet capability without the prior | ||||||
21 | written approval of the Department; | ||||||
22 | (ii) submit to periodic unannounced examinations | ||||||
23 | of the offender's computer or any other device with | ||||||
24 | Internet capability by the offender's supervising | ||||||
25 | agent, a law enforcement officer, or assigned computer | ||||||
26 | or information technology specialist, including the |
| |||||||
| |||||||
1 | retrieval and copying of all data from the computer or | ||||||
2 | device and any internal or external peripherals and | ||||||
3 | removal of such information, equipment, or device to | ||||||
4 | conduct a more thorough inspection; | ||||||
5 | (iii) submit to the installation on the offender's | ||||||
6 | computer or device with Internet capability, at the | ||||||
7 | offender's expense, of one or more hardware or | ||||||
8 | software systems to monitor the Internet use; and | ||||||
9 | (iv) submit to any other appropriate restrictions | ||||||
10 | concerning the offender's use of or access to a | ||||||
11 | computer or any other device with Internet capability | ||||||
12 | imposed by the Board, the Department or the offender's | ||||||
13 | supervising agent; and | ||||||
14 | (8) (blank). | ||||||
15 | (b-1) In addition to the conditions set forth in | ||||||
16 | subsections (a) and (b), persons required to register as sex | ||||||
17 | offenders pursuant to the Sex Offender Registration Act, upon | ||||||
18 | release from the custody of the Illinois Department of | ||||||
19 | Corrections, may be required by the Board to comply with the | ||||||
20 | following specific conditions of release following an | ||||||
21 | individualized assessment pursuant to subsection (a) of | ||||||
22 | Section 3-14-2: | ||||||
23 | (1) reside only at a Department approved location; | ||||||
24 | (2) comply with all requirements of the Sex Offender | ||||||
25 | Registration Act; | ||||||
26 | (3) notify third parties of the risks that may be |
| |||||||
| |||||||
1 | occasioned by his or her criminal record; | ||||||
2 | (4) obtain the approval of an agent of the Department | ||||||
3 | of Corrections prior to accepting employment or pursuing a | ||||||
4 | course of study or vocational training and notify the | ||||||
5 | Department prior to any change in employment, study, or | ||||||
6 | training; | ||||||
7 | (5) not be employed or participate in any volunteer | ||||||
8 | activity that involves contact with children, except under | ||||||
9 | circumstances approved in advance and in writing by an | ||||||
10 | agent of the Department of Corrections; | ||||||
11 | (6) be electronically monitored for a minimum of 12 | ||||||
12 | months from the date of release as determined by the | ||||||
13 | Board; | ||||||
14 | (7) refrain from entering into a designated geographic | ||||||
15 | area except upon terms approved in advance by an agent of | ||||||
16 | the Department of Corrections. The terms may include | ||||||
17 | consideration of the purpose of the entry, the time of | ||||||
18 | day, and others accompanying the person; | ||||||
19 | (8) refrain from having any contact, including written | ||||||
20 | or oral communications, directly or indirectly, personally | ||||||
21 | or by telephone, letter, or through a third party with | ||||||
22 | certain specified persons including, but not limited to, | ||||||
23 | the victim or the victim's family without the prior | ||||||
24 | written approval of an agent of the Department of | ||||||
25 | Corrections; | ||||||
26 | (9) refrain from all contact, directly or indirectly, |
| |||||||
| |||||||
1 | personally, by telephone, letter, or through a third | ||||||
2 | party, with minor children without prior identification | ||||||
3 | and approval of an agent of the Department of Corrections; | ||||||
4 | (10) neither possess or have under his or her control | ||||||
5 | any material that is sexually oriented, sexually | ||||||
6 | stimulating, or that shows male or female sex organs or | ||||||
7 | any pictures depicting children under 18 years of age nude | ||||||
8 | or any written or audio material describing sexual | ||||||
9 | intercourse or that depicts or alludes to sexual activity, | ||||||
10 | including but not limited to visual, auditory, telephonic, | ||||||
11 | or electronic media, or any matter obtained through access | ||||||
12 | to any computer or material linked to computer access use; | ||||||
13 | (11) not patronize any business providing sexually | ||||||
14 | stimulating or sexually oriented entertainment nor utilize | ||||||
15 | "900" or adult telephone numbers; | ||||||
16 | (12) not reside near, visit, or be in or about parks, | ||||||
17 | schools, day care centers, swimming pools, beaches, | ||||||
18 | theaters, or any other places where minor children | ||||||
19 | congregate without advance approval of an agent of the | ||||||
20 | Department of Corrections and immediately report any | ||||||
21 | incidental contact with minor children to the Department; | ||||||
22 | (13) not possess or have under his or her control | ||||||
23 | certain specified items of contraband related to the | ||||||
24 | incidence of sexually offending as determined by an agent | ||||||
25 | of the Department of Corrections; | ||||||
26 | (14) may be required to provide a written daily log of |
| |||||||
| |||||||
1 | activities if directed by an agent of the Department of | ||||||
2 | Corrections; | ||||||
3 | (15) comply with all other special conditions that the | ||||||
4 | Department may impose that restrict the person from | ||||||
5 | high-risk situations and limit access to potential | ||||||
6 | victims; | ||||||
7 | (16) take an annual polygraph exam; | ||||||
8 | (17) maintain a log of his or her travel; or | ||||||
9 | (18) obtain prior approval of his or her parole | ||||||
10 | officer before driving alone in a motor vehicle. | ||||||
11 | (c) The conditions under which the parole or mandatory | ||||||
12 | supervised release is to be served shall be communicated to | ||||||
13 | the person in writing prior to his or her release, and he or | ||||||
14 | she shall sign the same before release. A signed copy of these | ||||||
15 | conditions, including a copy of an order of protection where | ||||||
16 | one had been issued by the criminal court, shall be retained by | ||||||
17 | the person and another copy forwarded to the officer in charge | ||||||
18 | of his or her supervision. | ||||||
19 | (d) After a hearing under Section 3-3-9, the Prisoner | ||||||
20 | Review Board may modify or enlarge the conditions of parole or | ||||||
21 | mandatory supervised release. | ||||||
22 | (e) The Department shall inform all offenders committed to | ||||||
23 | the Department of the optional services available to them upon | ||||||
24 | release and shall assist inmates in availing themselves of | ||||||
25 | such optional services upon their release on a voluntary | ||||||
26 | basis. |
| |||||||
| |||||||
1 | (f) (Blank). | ||||||
2 | (Source: P.A. 103-271, eff. 1-1-24 .) | ||||||
3 | Section 15. The Arsonist Registration Act is amended by | ||||||
4 | changing Sections 5, 10, and 65 as follows: | ||||||
5 | (730 ILCS 148/5) | ||||||
6 | Sec. 5. Definitions. In this Act: | ||||||
7 | (a) "Arsonist" means any person who is: | ||||||
8 | (1) charged under Illinois law, or any substantially | ||||||
9 | similar federal, Uniform Code of Military Justice, sister | ||||||
10 | state, or foreign country law, with an arson offense, set | ||||||
11 | forth in subsection (b) of this Section or the attempt to | ||||||
12 | commit an included arson offense, and: | ||||||
13 | (i) is convicted of such offense or an attempt to | ||||||
14 | commit such offense; or | ||||||
15 | (ii) is found not guilty by reason of insanity of | ||||||
16 | such offense or an attempt to commit such offense; or | ||||||
17 | (iii) is found not guilty by reason of insanity | ||||||
18 | under subsection (c) of Section 104-25 of the Code of | ||||||
19 | Criminal Procedure of 1963 of such offense or an | ||||||
20 | attempt to commit such offense; or | ||||||
21 | (iv) is the subject of a finding not resulting in | ||||||
22 | an acquittal at a hearing conducted under subsection | ||||||
23 | (a) of Section 104-25 of the Code of Criminal | ||||||
24 | Procedure of 1963 for the alleged commission or |
| |||||||
| |||||||
1 | attempted commission of such offense; or | ||||||
2 | (v) is found not guilty by reason of insanity | ||||||
3 | following a hearing conducted under a federal, Uniform | ||||||
4 | Code of Military Justice, sister state, or foreign | ||||||
5 | country law substantially similar to subsection (c) of | ||||||
6 | Section 104-25 of the Code of Criminal Procedure of | ||||||
7 | 1963 of such offense or of the attempted commission of | ||||||
8 | such offense; or | ||||||
9 | (vi) is the subject of a finding not resulting in | ||||||
10 | an acquittal at a hearing conducted under a federal, | ||||||
11 | Uniform Code of Military Justice, sister state, or | ||||||
12 | foreign country law substantially similar to | ||||||
13 | subsection (a) of Section 104-25 of the Code of | ||||||
14 | Criminal Procedure of 1963 for the alleged violation | ||||||
15 | or attempted commission of such offense; | ||||||
16 | (2) a minor who has been tried and convicted in an | ||||||
17 | adult criminal prosecution as the result of committing or | ||||||
18 | attempting to commit an offense specified in subsection | ||||||
19 | (b) of this Section or a violation of any substantially | ||||||
20 | similar federal, Uniform Code of Military Justice, sister | ||||||
21 | state, or foreign country law. Convictions that result | ||||||
22 | from or are connected with the same act, or result from | ||||||
23 | offenses committed at the same time, shall be counted for | ||||||
24 | the purpose of this Act as one conviction. Any conviction | ||||||
25 | set aside under law is not a conviction for purposes of | ||||||
26 | this Act. |
| |||||||
| |||||||
1 | (b) "Arson offense" means: | ||||||
2 | (1) A violation of any of the following Sections of | ||||||
3 | the Criminal Code of 1961 or the Criminal Code of 2012: | ||||||
4 | (i) 20-1 (arson; residential arson; place of | ||||||
5 | worship arson), | ||||||
6 | (ii) 20-1.1 (aggravated arson), | ||||||
7 | (iii) 20-1(b) or 20-1.2 (residential arson), | ||||||
8 | (iv) 20-1(b-5) or 20-1.3 (place of worship arson), | ||||||
9 | (v) 20-2 (possession of explosives or explosive or | ||||||
10 | incendiary devices), or | ||||||
11 | (vi) An attempt to commit any of the offenses | ||||||
12 | listed in clauses (i) through (v). | ||||||
13 | (2) A violation of any former law of this State | ||||||
14 | substantially equivalent to any offense listed in | ||||||
15 | subsection (b) of this Section. | ||||||
16 | (c) A conviction for an offense of federal law, Uniform | ||||||
17 | Code of Military Justice, or the law of another state or a | ||||||
18 | foreign country that is substantially equivalent to any | ||||||
19 | offense listed in subsection (b) of this Section shall | ||||||
20 | constitute a conviction for the purpose of this Act. | ||||||
21 | (d) "Law enforcement agency having jurisdiction" means the | ||||||
22 | Chief of Police in each of the municipalities in which the | ||||||
23 | arsonist expects to reside, work, or attend school (1) upon | ||||||
24 | his or her discharge, parole or release or (2) during the | ||||||
25 | service of his or her sentence of probation or conditional | ||||||
26 | discharge, or the Sheriff of the county, in the event no Police |
| |||||||
| |||||||
1 | Chief exists or if the offender intends to reside, work, or | ||||||
2 | attend school in an unincorporated area. "Law enforcement | ||||||
3 | agency having jurisdiction" includes the location where | ||||||
4 | out-of-state students attend school and where out-of-state | ||||||
5 | employees are employed or are otherwise required to register. | ||||||
6 | (e) "Out-of-state student" means any arsonist, as defined | ||||||
7 | in this Section, who is enrolled in Illinois, on a full-time or | ||||||
8 | part-time basis, in any public or private educational | ||||||
9 | institution, including, but not limited to, any secondary | ||||||
10 | school, trade or professional institution, or institution of | ||||||
11 | higher learning. | ||||||
12 | (f) "Out-of-state employee" means any arsonist, as defined | ||||||
13 | in this Section, who works in Illinois, regardless of whether | ||||||
14 | the individual receives payment for services performed, for a | ||||||
15 | period of time of 10 or more days or for an aggregate period of | ||||||
16 | time of 30 or more days during any calendar year. Persons who | ||||||
17 | operate motor vehicles in the State accrue one day of | ||||||
18 | employment time for any portion of a day spent in Illinois. | ||||||
19 | (g) "I-CLEAR" means the Illinois Citizens and Law | ||||||
20 | Enforcement Analysis and Reporting System. | ||||||
21 | (h) "Indigent person" means any person who meets one or | ||||||
22 | more of the following criteria: | ||||||
23 | (1) The person is receiving assistance under one or | ||||||
24 | more of the following means-based public benefits | ||||||
25 | programs: Supplemental Security Income (SSI); Social | ||||||
26 | Security Disability Insurance (SSDI); Aid to the Aged, |
| |||||||
| |||||||
1 | Blind and Disabled (AABD); Health Benefits for Workers | ||||||
2 | with Disabilities (HBWD); Temporary Assistance for Needy | ||||||
3 | Families (TANF); Supplemental Nutrition Assistance Program | ||||||
4 | (SNAP)(also known as food stamps, Link or EBT benefits); | ||||||
5 | Women, Infants, and Children Program (WIC); Medicaid for | ||||||
6 | Adults; General Assistance; State Transitional Assistance; | ||||||
7 | or State Children and Family Assistance. | ||||||
8 | (2) The person holds a current Affidavit of Zero | ||||||
9 | Income from a homeless shelter at which the person is | ||||||
10 | receiving services. | ||||||
11 | (3) The person has an income that is 200% or less of | ||||||
12 | the current poverty guidelines. | ||||||
13 | (i) "Poverty guidelines" means the federal poverty | ||||||
14 | guidelines established by the United States Department of | ||||||
15 | Health and Human Services to assist in determining financial | ||||||
16 | eligibility for programs and benefits. | ||||||
17 | (Source: P.A. 99-78, eff. 7-20-15.) | ||||||
18 | (730 ILCS 148/10) | ||||||
19 | Sec. 10. Duty to register. | ||||||
20 | (a) An arsonist shall, within the time period prescribed | ||||||
21 | in subsections (b) and (c), register in person and provide | ||||||
22 | accurate information as required by the Illinois State Police. | ||||||
23 | Such information shall include current address, current place | ||||||
24 | of employment, and school attended. The arsonist shall | ||||||
25 | register: |
| |||||||
| |||||||
1 | (1) with the chief of police in each of the | ||||||
2 | municipalities in which he or she attends school, is | ||||||
3 | employed, resides or is temporarily domiciled for a period | ||||||
4 | of time of 10 or more days, unless the municipality is the | ||||||
5 | City of Chicago, in which case he or she shall register at | ||||||
6 | a fixed location designated by the Superintendent of the | ||||||
7 | Chicago Police Department; or | ||||||
8 | (2) with the sheriff in each of the counties in which | ||||||
9 | he or she attends school, is employed, resides or is | ||||||
10 | temporarily domiciled in an unincorporated area or, if | ||||||
11 | incorporated, no police chief exists. For purposes of this | ||||||
12 | Act, the place of residence or temporary domicile is | ||||||
13 | defined as any and all places where the arsonist resides | ||||||
14 | for an aggregate period of time of 10 or more days during | ||||||
15 | any calendar year. The arsonist shall provide accurate | ||||||
16 | information as required by the Illinois State Police. That | ||||||
17 | information shall include the arsonist's current place of | ||||||
18 | employment. | ||||||
19 | (a-5) An out-of-state student or out-of-state employee | ||||||
20 | shall, within 10 days after beginning school or employment in | ||||||
21 | this State, register in person and provide accurate | ||||||
22 | information as required by the Illinois State Police. Such | ||||||
23 | information must include current place of employment, school | ||||||
24 | attended, and address in state of residence: | ||||||
25 | (1) with the chief of police in each of the | ||||||
26 | municipalities in which he or she attends school or is |
| |||||||
| |||||||
1 | employed for a period of time of 10 or more days or for an | ||||||
2 | aggregate period of time of more than 30 days during any | ||||||
3 | calendar year, unless the municipality is the City of | ||||||
4 | Chicago, in which case he or she shall register at a fixed | ||||||
5 | location designated by the Superintendent of the Chicago | ||||||
6 | Police Department; or | ||||||
7 | (2) with the sheriff in each of the counties in which | ||||||
8 | he or she attends school or is employed for a period of | ||||||
9 | time of 10 or more days or for an aggregate period of time | ||||||
10 | of more than 30 days during any calendar year in an | ||||||
11 | unincorporated area or, if incorporated, no police chief | ||||||
12 | exists. The out-of-state student or out-of-state employee | ||||||
13 | shall provide accurate information as required by the | ||||||
14 | Illinois State Police. That information shall include the | ||||||
15 | out-of-state student's current place of school attendance | ||||||
16 | or the out-of-state employee's current place of | ||||||
17 | employment. | ||||||
18 | (b) An arsonist as defined in Section 5 of this Act, | ||||||
19 | regardless of any initial, prior, or other registration, | ||||||
20 | shall, within 10 days of beginning school, or establishing a | ||||||
21 | residence, place of employment, or temporary domicile in any | ||||||
22 | county, register in person as set forth in subsection (a) or | ||||||
23 | (a-5). | ||||||
24 | (c) The registration for any person required to register | ||||||
25 | under this Act shall be as follows: | ||||||
26 | (1) Except as provided in paragraph (3) of this |
| |||||||
| |||||||
1 | subsection (c), any person who has not been notified of | ||||||
2 | his or her responsibility to register shall be notified by | ||||||
3 | a criminal justice entity of his or her responsibility to | ||||||
4 | register. Upon notification the person must then register | ||||||
5 | within 10 days of notification of his or her requirement | ||||||
6 | to register. If notification is not made within the | ||||||
7 | offender's 10 year registration requirement, and the | ||||||
8 | Illinois State Police determines no evidence exists or | ||||||
9 | indicates the offender attempted to avoid registration, | ||||||
10 | the offender will no longer be required to register under | ||||||
11 | this Act. | ||||||
12 | (2) Except as provided in paragraph (3) of this | ||||||
13 | subsection (c), any person convicted on or after the | ||||||
14 | effective date of this Act shall register in person within | ||||||
15 | 10 days after the entry of the sentencing order based upon | ||||||
16 | his or her conviction. | ||||||
17 | (3) Any person unable to comply with the registration | ||||||
18 | requirements of this Act because he or she is confined, | ||||||
19 | institutionalized, or imprisoned in Illinois on or after | ||||||
20 | the effective date of this Act shall register in person | ||||||
21 | within 10 days of discharge, parole or release. | ||||||
22 | (4) The person shall provide positive identification | ||||||
23 | and documentation that substantiates proof of residence at | ||||||
24 | the registering address. | ||||||
25 | (5) The person shall pay a $10 initial registration | ||||||
26 | fee and a $5 annual renewal fee. The fees shall be used by |
| |||||||
| |||||||
1 | the registering agency for official purposes. The agency | ||||||
2 | shall establish procedures to document receipt and use of | ||||||
3 | the funds. If the registrant is an indigent person, the | ||||||
4 | The law enforcement agency having jurisdiction shall may | ||||||
5 | waive the registration fee if it determines that the | ||||||
6 | person is indigent and unable to pay the registration fee . | ||||||
7 | (d) Within 10 days after obtaining or changing employment, | ||||||
8 | a person required to register under this Section must report, | ||||||
9 | in person or in writing to the law enforcement agency having | ||||||
10 | jurisdiction, the business name and address where he or she is | ||||||
11 | employed. If the person has multiple businesses or work | ||||||
12 | locations, every business and work location must be reported | ||||||
13 | to the law enforcement agency having jurisdiction. | ||||||
14 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
15 | (730 ILCS 148/65) | ||||||
16 | Sec. 65. Penalty. Any person who is required to register | ||||||
17 | under this Act who violates any of the provisions of this Act | ||||||
18 | and any person who is required to register under this Act who | ||||||
19 | seeks to change his or her name under Article XXI of the Code | ||||||
20 | of Civil Procedure is guilty of a Class C misdemeanor 4 felony | ||||||
21 | unless, as provided under Section 21-101 of the Code of Civil | ||||||
22 | Procedure, that person verifies under oath that the petition | ||||||
23 | for the name change is due to marriage, religious beliefs, | ||||||
24 | status as a victim of trafficking or gender-related identity | ||||||
25 | as defined by the Illinois Human Rights Act. Any person who is |
| |||||||
| |||||||
1 | required to register under this Act who knowingly or wilfully | ||||||
2 | gives material information required by this Act that is false | ||||||
3 | is guilty of a Class C misdemeanor 3 felony . Any person | ||||||
4 | convicted of a violation of any provision of this Act may | ||||||
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 may shall impose a mandatory | ||||||
8 | minimum fine of $500 for failure to comply with any provision | ||||||
9 | of this Act. These fines shall be deposited in the Arsonist | ||||||
10 | Registration Fund. An arsonist who violates any provision of | ||||||
11 | this Act may be tried in any Illinois county where the arsonist | ||||||
12 | can be located. | ||||||
13 | (Source: P.A. 102-1133, eff. 1-1-24 .) | ||||||
14 | Section 20. The Sex Offender Registration Act is amended | ||||||
15 | by changing Sections 2, 3, 6, 7, 8, and 10 as follows: | ||||||
16 | (730 ILCS 150/2) (from Ch. 38, par. 222) | ||||||
17 | Sec. 2. Definitions. | ||||||
18 | (A) As used in this Article, "sex offender" means any | ||||||
19 | person who is: | ||||||
20 | (1) charged pursuant to Illinois law, or any | ||||||
21 | substantially similar federal, Uniform Code of Military | ||||||
22 | Justice, sister state, or foreign country law, with a sex | ||||||
23 | offense set forth in subsection (B) of this Section or the | ||||||
24 | attempt to commit an included sex offense, and: |
| |||||||
| |||||||
1 | (a) is convicted of such offense or an attempt to | ||||||
2 | commit such offense; or | ||||||
3 | (b) is found not guilty by reason of insanity of | ||||||
4 | such offense or an attempt to commit such offense; or | ||||||
5 | (c) is found not guilty by reason of insanity | ||||||
6 | pursuant to Section 104-25(c) of the Code of Criminal | ||||||
7 | Procedure of 1963 of such offense or an attempt to | ||||||
8 | commit such offense; or | ||||||
9 | (d) is the subject of a finding not resulting in an | ||||||
10 | acquittal at a hearing conducted pursuant to Section | ||||||
11 | 104-25(a) of the Code of Criminal Procedure of 1963 | ||||||
12 | for the alleged commission or attempted commission of | ||||||
13 | such offense; or | ||||||
14 | (e) is found not guilty by reason of insanity | ||||||
15 | following a hearing conducted pursuant to a federal, | ||||||
16 | Uniform Code of Military Justice, sister state, or | ||||||
17 | foreign country law substantially similar to Section | ||||||
18 | 104-25(c) of the Code of Criminal Procedure of 1963 of | ||||||
19 | such offense or of the attempted commission of such | ||||||
20 | offense; or | ||||||
21 | (f) is the subject of a finding not resulting in an | ||||||
22 | acquittal at a hearing conducted pursuant to a | ||||||
23 | federal, Uniform Code of Military Justice, sister | ||||||
24 | state, or foreign country law substantially similar to | ||||||
25 | Section 104-25(a) of the Code of Criminal Procedure of | ||||||
26 | 1963 for the alleged violation or attempted commission |
| |||||||
| |||||||
1 | of such offense; or | ||||||
2 | (2) declared as a sexually dangerous person pursuant | ||||||
3 | to the Illinois Sexually Dangerous Persons Act, or any | ||||||
4 | substantially similar federal, Uniform Code of Military | ||||||
5 | Justice, sister state, or foreign country law; or | ||||||
6 | (3) subject to the provisions of Section 2 of the | ||||||
7 | Interstate Agreements on Sexually Dangerous Persons Act; | ||||||
8 | or | ||||||
9 | (4) found to be a sexually violent person pursuant to | ||||||
10 | the Sexually Violent Persons Commitment Act or any | ||||||
11 | substantially similar federal, Uniform Code of Military | ||||||
12 | Justice, sister state, or foreign country law; or | ||||||
13 | (5) adjudicated a juvenile delinquent as the result of | ||||||
14 | committing or attempting to commit an act which, if | ||||||
15 | committed by an adult, would constitute any of the | ||||||
16 | offenses specified in item (B), (C), or (C-5) of this | ||||||
17 | Section or a violation of any substantially similar | ||||||
18 | federal, Uniform Code of Military Justice, sister state, | ||||||
19 | or foreign country law, or found guilty under Article V of | ||||||
20 | the Juvenile Court Act of 1987 of committing or attempting | ||||||
21 | to commit an act which, if committed by an adult, would | ||||||
22 | constitute any of the offenses specified in item (B), (C), | ||||||
23 | or (C-5) of this Section or a violation of any | ||||||
24 | substantially similar federal, Uniform Code of Military | ||||||
25 | Justice, sister state, or foreign country law. | ||||||
26 | Convictions that result from or are connected with the |
| |||||||
| |||||||
1 | same act, or result from offenses committed at the same time, | ||||||
2 | shall be counted for the purpose of this Article as one | ||||||
3 | conviction. Any conviction set aside pursuant to law is not a | ||||||
4 | conviction for purposes of this Article. | ||||||
5 | For purposes of this Section, "convicted" shall have the | ||||||
6 | same meaning as "adjudicated". | ||||||
7 | (B) As used in this Article, "sex offense" means: | ||||||
8 | (1) A violation of any of the following Sections of | ||||||
9 | the Criminal Code of 1961 or the Criminal Code of 2012: | ||||||
10 | 11-20.1 (child pornography), | ||||||
11 | 11-20.1B or 11-20.3 (aggravated child | ||||||
12 | pornography), | ||||||
13 | 11-6 (indecent solicitation of a child), | ||||||
14 | 11-9.1 (sexual exploitation of a child), | ||||||
15 | 11-9.2 (custodial sexual misconduct), | ||||||
16 | 11-9.5 (sexual misconduct with a person with a | ||||||
17 | disability), | ||||||
18 | 11-14.4 (promoting juvenile prostitution), | ||||||
19 | 11-15.1 (soliciting for a juvenile prostitute), | ||||||
20 | 11-18.1 (patronizing a juvenile prostitute), | ||||||
21 | 11-17.1 (keeping a place of juvenile | ||||||
22 | prostitution), | ||||||
23 | 11-19.1 (juvenile pimping), | ||||||
24 | 11-19.2 (exploitation of a child), | ||||||
25 | 11-25 (grooming), | ||||||
26 | 11-26 (traveling to meet a minor or traveling to |
| |||||||
| |||||||
1 | meet a child), | ||||||
2 | 11-1.20 or 12-13 (criminal sexual assault), | ||||||
3 | 11-1.30 or 12-14 (aggravated criminal sexual | ||||||
4 | assault), | ||||||
5 | 11-1.40 or 12-14.1 (predatory criminal sexual | ||||||
6 | assault of a child), | ||||||
7 | 11-1.50 or 12-15 (criminal sexual abuse), | ||||||
8 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
9 | abuse), | ||||||
10 | 12-33 (ritualized abuse of a child). | ||||||
11 | An attempt to commit any of these offenses. | ||||||
12 | (1.5) A violation of any of the following Sections of | ||||||
13 | the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
14 | when the victim is a person under 18 years of age, the | ||||||
15 | defendant is not a parent of the victim, the offense was | ||||||
16 | sexually motivated as defined in Section 10 of the Sex | ||||||
17 | Offender Evaluation and Treatment Act, and the offense was | ||||||
18 | committed on or after January 1, 1996: | ||||||
19 | 10-1 (kidnapping), | ||||||
20 | 10-2 (aggravated kidnapping), | ||||||
21 | 10-3 (unlawful restraint), | ||||||
22 | 10-3.1 (aggravated unlawful restraint). | ||||||
23 | If the offense was committed before January 1, 1996, | ||||||
24 | it is a sex offense requiring registration only when the | ||||||
25 | person is convicted of any felony after July 1, 2011, and | ||||||
26 | paragraph (2.1) of subsection (c) of Section 3 of this Act |
| |||||||
| |||||||
1 | applies. | ||||||
2 | (1.6) First degree murder under Section 9-1 of the | ||||||
3 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
4 | provided the offense was sexually motivated as defined in | ||||||
5 | Section 10 of the Sex Offender Management Board Act. | ||||||
6 | (1.7) (Blank). | ||||||
7 | (1.8) A violation or attempted violation of Section | ||||||
8 | 11-11 (sexual relations within families) of the Criminal | ||||||
9 | Code of 1961 or the Criminal Code of 2012, and the offense | ||||||
10 | was committed on or after June 1, 1997. If the offense was | ||||||
11 | committed before June 1, 1997, it is a sex offense | ||||||
12 | requiring registration only when the person is convicted | ||||||
13 | of any felony after July 1, 2011, and paragraph (2.1) of | ||||||
14 | subsection (c) of Section 3 of this Act applies. | ||||||
15 | (1.9) Child abduction under paragraph (10) of | ||||||
16 | subsection (b) of Section 10-5 of the Criminal Code of | ||||||
17 | 1961 or the Criminal Code of 2012 committed by luring or | ||||||
18 | attempting to lure a child under the age of 16 into a motor | ||||||
19 | vehicle, building, house trailer, or dwelling place | ||||||
20 | without the consent of the parent or lawful custodian of | ||||||
21 | the child for other than a lawful purpose and the offense | ||||||
22 | was committed on or after January 1, 1998, provided the | ||||||
23 | offense was sexually motivated as defined in Section 10 of | ||||||
24 | the Sex Offender Management Board Act. If the offense was | ||||||
25 | committed before January 1, 1998, it is a sex offense | ||||||
26 | requiring registration only when the person is convicted |
| |||||||
| |||||||
1 | of any felony after July 1, 2011, and paragraph (2.1) of | ||||||
2 | subsection (c) of Section 3 of this Act applies. | ||||||
3 | (1.10) A violation or attempted violation of any of | ||||||
4 | the following Sections of the Criminal Code of 1961 or the | ||||||
5 | Criminal Code of 2012 when the offense was committed on or | ||||||
6 | after July 1, 1999: | ||||||
7 | 10-4 (forcible detention, if the victim is under | ||||||
8 | 18 years of age), provided the offense was sexually | ||||||
9 | motivated as defined in Section 10 of the Sex Offender | ||||||
10 | Management Board Act, | ||||||
11 | 11-6.5 (indecent solicitation of an adult), | ||||||
12 | 11-14.3 that involves soliciting for a prostitute, | ||||||
13 | or 11-15 (soliciting for a prostitute, if the victim | ||||||
14 | is under 18 years of age), | ||||||
15 | subdivision (a)(2)(A) or (a)(2)(B) of Section | ||||||
16 | 11-14.3, or Section 11-16 (pandering, if the victim is | ||||||
17 | under 18 years of age), | ||||||
18 | 11-18 (patronizing a prostitute, if the victim is | ||||||
19 | under 18 years of age), | ||||||
20 | subdivision (a)(2)(C) of Section 11-14.3, or | ||||||
21 | Section 11-19 (pimping, if the victim is under 18 | ||||||
22 | years of age). | ||||||
23 | If the offense was committed before July 1, 1999, it | ||||||
24 | is a sex offense requiring registration only when the | ||||||
25 | person is convicted of any felony after July 1, 2011, and | ||||||
26 | paragraph (2.1) of subsection (c) of Section 3 of this Act |
| |||||||
| |||||||
1 | applies. | ||||||
2 | (1.11) A violation or attempted violation of any of | ||||||
3 | the following Sections of the Criminal Code of 1961 or the | ||||||
4 | Criminal Code of 2012 when the offense was committed on or | ||||||
5 | after August 22, 2002: | ||||||
6 | 11-9 or 11-30 (public indecency for a third or | ||||||
7 | subsequent conviction). | ||||||
8 | If the third or subsequent conviction was imposed | ||||||
9 | before August 22, 2002, it is a sex offense requiring | ||||||
10 | registration only when the person is convicted of any | ||||||
11 | felony after July 1, 2011, and paragraph (2.1) of | ||||||
12 | subsection (c) of Section 3 of this Act applies. | ||||||
13 | (1.12) A violation or attempted violation of Section | ||||||
14 | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the | ||||||
15 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
16 | (permitting sexual abuse) when the offense was committed | ||||||
17 | on or after August 22, 2002. If the offense was committed | ||||||
18 | before August 22, 2002, it is a sex offense requiring | ||||||
19 | registration only when the person is convicted of any | ||||||
20 | felony after July 1, 2011, and paragraph (2.1) of | ||||||
21 | subsection (c) of Section 3 of this Act applies. | ||||||
22 | (2) A violation of any former law of this State | ||||||
23 | substantially equivalent to any offense listed in | ||||||
24 | subsection (B) of this Section. | ||||||
25 | (C) A conviction for an offense of federal law, Uniform | ||||||
26 | Code of Military Justice, or the law of another state or a |
| |||||||
| |||||||
1 | foreign country that is substantially equivalent to any | ||||||
2 | offense listed in subsections (B), (C), (E), and (E-5) of this | ||||||
3 | Section shall constitute a conviction for the purpose of this | ||||||
4 | Article. A finding or adjudication as a sexually dangerous | ||||||
5 | person or a sexually violent person under any federal law, | ||||||
6 | Uniform Code of Military Justice, or the law of another state | ||||||
7 | or foreign country that is substantially equivalent to the | ||||||
8 | Sexually Dangerous Persons Act or the Sexually Violent Persons | ||||||
9 | Commitment Act shall constitute an adjudication for the | ||||||
10 | purposes of this Article. | ||||||
11 | (C-5) A person at least 17 years of age at the time of the | ||||||
12 | commission of the offense who is convicted of first degree | ||||||
13 | murder under Section 9-1 of the Criminal Code of 1961 or the | ||||||
14 | Criminal Code of 2012, against a person under 18 years of age, | ||||||
15 | shall be required to register for natural life. A conviction | ||||||
16 | for an offense of federal, Uniform Code of Military Justice, | ||||||
17 | sister state, or foreign country law that is substantially | ||||||
18 | equivalent to any offense listed in subsection (C-5) of this | ||||||
19 | Section shall constitute a conviction for the purpose of this | ||||||
20 | Article. This subsection (C-5) applies to a person who | ||||||
21 | committed the offense before June 1, 1996 if: (i) the person is | ||||||
22 | incarcerated in an Illinois Department of Corrections facility | ||||||
23 | on August 20, 2004 (the effective date of Public Act 93-977), | ||||||
24 | or (ii) subparagraph (i) does not apply and the person is | ||||||
25 | convicted of any felony after July 1, 2011, and paragraph | ||||||
26 | (2.1) of subsection (c) of Section 3 of this Act applies. |
| |||||||
| |||||||
1 | (C-6) A person who is convicted or adjudicated delinquent | ||||||
2 | of first degree murder as defined in Section 9-1 of the | ||||||
3 | Criminal Code of 1961 or the Criminal Code of 2012, against a | ||||||
4 | person 18 years of age or over, shall be required to register | ||||||
5 | for his or her natural life. A conviction for an offense of | ||||||
6 | federal, Uniform Code of Military Justice, sister state, or | ||||||
7 | foreign country law that is substantially equivalent to any | ||||||
8 | offense listed in subsection (C-6) of this Section shall | ||||||
9 | constitute a conviction for the purpose of this Article. This | ||||||
10 | subsection (C-6) does not apply to those individuals released | ||||||
11 | from incarceration more than 10 years prior to January 1, 2012 | ||||||
12 | (the effective date of Public Act 97-154). | ||||||
13 | (D) As used in this Article, "law enforcement agency | ||||||
14 | having jurisdiction" means the Chief of Police in each of the | ||||||
15 | municipalities in which the sex offender expects to reside, | ||||||
16 | work, or attend school (1) upon his or her discharge, parole or | ||||||
17 | release or (2) during the service of his or her sentence of | ||||||
18 | probation or conditional discharge, or the Sheriff of the | ||||||
19 | county, in the event no Police Chief exists or if the offender | ||||||
20 | intends to reside, work, or attend school in an unincorporated | ||||||
21 | area. "Law enforcement agency having jurisdiction" includes | ||||||
22 | the location where out-of-state students attend school and | ||||||
23 | where out-of-state employees are employed or are otherwise | ||||||
24 | required to register. | ||||||
25 | (D-1) As used in this Article, "supervising officer" means | ||||||
26 | the assigned Illinois Department of Corrections parole agent |
| |||||||
| |||||||
1 | or county probation officer. | ||||||
2 | (E) As used in this Article, "sexual predator" means any | ||||||
3 | person who, after July 1, 1999, is: | ||||||
4 | (1) Convicted for an offense of federal, Uniform Code | ||||||
5 | of Military Justice, sister state, or foreign country law | ||||||
6 | that is substantially equivalent to any offense listed in | ||||||
7 | subsection (E) or (E-5) of this Section shall constitute a | ||||||
8 | conviction for the purpose of this Article. Convicted of a | ||||||
9 | violation or attempted violation of any of the following | ||||||
10 | Sections of the Criminal Code of 1961 or the Criminal Code | ||||||
11 | of 2012: | ||||||
12 | 10-5.1 (luring of a minor), | ||||||
13 | 11-14.4 that involves keeping a place of juvenile | ||||||
14 | prostitution, or 11-17.1 (keeping a place of juvenile | ||||||
15 | prostitution), | ||||||
16 | subdivision (a)(2) or (a)(3) of Section 11-14.4, | ||||||
17 | or Section 11-19.1 (juvenile pimping), | ||||||
18 | subdivision (a)(4) of Section 11-14.4, or Section | ||||||
19 | 11-19.2 (exploitation of a child), | ||||||
20 | 11-20.1 (child pornography), | ||||||
21 | 11-20.1B or 11-20.3 (aggravated child | ||||||
22 | pornography), | ||||||
23 | 11-1.20 or 12-13 (criminal sexual assault), | ||||||
24 | 11-1.30 or 12-14 (aggravated criminal sexual | ||||||
25 | assault), | ||||||
26 | 11-1.40 or 12-14.1 (predatory criminal sexual |
| |||||||
| |||||||
1 | assault of a child), | ||||||
2 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
3 | abuse), | ||||||
4 | 12-33 (ritualized abuse of a child); | ||||||
5 | (2) (blank); | ||||||
6 | (3) declared as a sexually dangerous person pursuant | ||||||
7 | to the Sexually Dangerous Persons Act or any substantially | ||||||
8 | similar federal, Uniform Code of Military Justice, sister | ||||||
9 | state, or foreign country law; | ||||||
10 | (4) found to be a sexually violent person pursuant to | ||||||
11 | the Sexually Violent Persons Commitment Act or any | ||||||
12 | substantially similar federal, Uniform Code of Military | ||||||
13 | Justice, sister state, or foreign country law; | ||||||
14 | (5) convicted of a second or subsequent offense which | ||||||
15 | requires registration pursuant to this Act. For purposes | ||||||
16 | of this paragraph (5), "convicted" shall include a | ||||||
17 | conviction under any substantially similar Illinois, | ||||||
18 | federal, Uniform Code of Military Justice, sister state, | ||||||
19 | or foreign country law; | ||||||
20 | (6) (blank); or | ||||||
21 | (7) if the person was convicted of an offense set | ||||||
22 | forth in this subsection (E) on or before July 1, 1999, the | ||||||
23 | person is a sexual predator for whom registration is | ||||||
24 | required only when the person is convicted of a felony | ||||||
25 | offense after July 1, 2011, and paragraph (2.1) of | ||||||
26 | subsection (c) of Section 3 of this Act applies. |
| |||||||
| |||||||
1 | (E-5) As used in this Article, "sexual predator" also | ||||||
2 | means a person convicted of a violation or attempted violation | ||||||
3 | of any of the following Sections of the Criminal Code of 1961 | ||||||
4 | or the Criminal Code of 2012: | ||||||
5 | (1) Section 9-1 (first degree murder, when the victim | ||||||
6 | was a person under 18 years of age and the defendant was at | ||||||
7 | least 17 years of age at the time of the commission of the | ||||||
8 | offense, provided the offense was sexually motivated as | ||||||
9 | defined in Section 10 of the Sex Offender Management Board | ||||||
10 | Act); | ||||||
11 | (2) Section 11-9.5 (sexual misconduct with a person | ||||||
12 | with a disability); | ||||||
13 | (3) when the victim is a person under 18 years of age, | ||||||
14 | the defendant is not a parent of the victim, the offense | ||||||
15 | was sexually motivated as defined in Section 10 of the Sex | ||||||
16 | Offender Management Board Act, and the offense was | ||||||
17 | committed on or after January 1, 1996: (A) Section 10-1 | ||||||
18 | (kidnapping), (B) Section 10-2 (aggravated kidnapping), | ||||||
19 | (C) Section 10-3 (unlawful restraint), and (D) Section | ||||||
20 | 10-3.1 (aggravated unlawful restraint); and | ||||||
21 | (4) Section 10-5(b)(10) (child abduction committed by | ||||||
22 | luring or attempting to lure a child under the age of 16 | ||||||
23 | into a motor vehicle, building, house trailer, or dwelling | ||||||
24 | 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, |
| |||||||
| |||||||
1 | provided the offense was sexually motivated as defined in | ||||||
2 | Section 10 of the Sex Offender Management Board Act). | ||||||
3 | (E-10) As used in this Article, "sexual predator" also | ||||||
4 | means a person required to register in another State due to a | ||||||
5 | conviction, adjudication or other action of any court | ||||||
6 | triggering an obligation to register as a sex offender, sexual | ||||||
7 | predator, or substantially similar status under the laws of | ||||||
8 | that State. | ||||||
9 | (F) As used in this Article, "out-of-state student" means | ||||||
10 | any sex offender, as defined in this Section, or sexual | ||||||
11 | 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 sex offender, as defined in this Section, or sexual | ||||||
18 | predator who works in Illinois, regardless of whether the | ||||||
19 | 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 |
| |||||||
| |||||||
1 | institution, or institution of higher education. | ||||||
2 | (I) As used in this Article, "fixed residence" means any | ||||||
3 | and all places that a sex offender resides for an aggregate | ||||||
4 | 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 | (K) "Indigent person" means any person who meets one or | ||||||
10 | more of the following criteria: | ||||||
11 | (1) The person is receiving assistance under one or | ||||||
12 | more of the following means-based public benefits | ||||||
13 | programs: Supplemental Security Income (SSI); Social | ||||||
14 | Security Disability Insurance (SSDI); Aid to the Aged, | ||||||
15 | Blind and Disabled (AABD); Health Benefits for Workers | ||||||
16 | with Disabilities (HBWD); Temporary Assistance for Needy | ||||||
17 | Families (TANF); Supplemental Nutrition Assistance Program | ||||||
18 | (SNAP)(also known as food stamps, Link or EBT benefits); | ||||||
19 | Women, Infants, and Children Program (WIC); Medicaid for | ||||||
20 | Adults; General Assistance; State Transitional Assistance; | ||||||
21 | or State Children and Family Assistance. | ||||||
22 | (2) The person holds a current Affidavit of Zero | ||||||
23 | Income from a homeless shelter at which the person is | ||||||
24 | receiving services. | ||||||
25 | (3) The person has an income that is 200% or less of | ||||||
26 | the current poverty guidelines. (L)"Poverty guidelines" |
| |||||||
| |||||||
1 | means the federal poverty guidelines established by the | ||||||
2 | United States Department of Health and Human Services to | ||||||
3 | assist in determining financial eligibility for programs | ||||||
4 | and benefits. | ||||||
5 | (Source: P.A. 100-428, eff. 1-1-18 .) | ||||||
6 | (730 ILCS 150/3) | ||||||
7 | Sec. 3. Duty to register. | ||||||
8 | (a) A sex offender, as defined in Section 2 of this Act, or | ||||||
9 | sexual predator shall, within the time period prescribed in | ||||||
10 | subsections (b) and (c), register in person and provide | ||||||
11 | accurate information as required by the Illinois State Police. | ||||||
12 | Such information shall include a current photograph, current | ||||||
13 | address, current place of employment, the sex offender's or | ||||||
14 | sexual predator's telephone number, including cellular | ||||||
15 | telephone number, the employer's telephone number, school | ||||||
16 | attended, all e-mail addresses, instant messaging identities, | ||||||
17 | chat room identities, and other Internet communications | ||||||
18 | identities that the sex offender uses or plans to use, all | ||||||
19 | Uniform Resource Locators (URLs) registered or used by the sex | ||||||
20 | offender, all blogs and other Internet sites maintained by the | ||||||
21 | sex offender or to which the sex offender has uploaded any | ||||||
22 | content or posted any messages or information, extensions of | ||||||
23 | the time period for registering as provided in this Article | ||||||
24 | and, if an extension was granted, the reason why the extension | ||||||
25 | was granted and the date the sex offender was notified of the |
| |||||||
| |||||||
1 | extension. The information shall also include a copy of the | ||||||
2 | terms and conditions of parole or release signed by the sex | ||||||
3 | offender and given to the sex offender by his or her | ||||||
4 | supervising officer or aftercare specialist, the county of | ||||||
5 | conviction, license plate numbers for every vehicle registered | ||||||
6 | in the name of the sex offender, the age of the sex offender at | ||||||
7 | the time of the commission of the offense, the age of the | ||||||
8 | victim at the time of the commission of the offense, and any | ||||||
9 | distinguishing marks located on the body of the sex offender. | ||||||
10 | A sex offender convicted under Section 11-6, 11-20.1, | ||||||
11 | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the | ||||||
12 | Criminal Code of 2012 shall provide all Internet protocol (IP) | ||||||
13 | addresses in his or her residence, registered in his or her | ||||||
14 | name, accessible at his or her place of employment, or | ||||||
15 | otherwise under his or her control or custody. If the sex | ||||||
16 | offender is a child sex offender as defined in Section 11-9.3 | ||||||
17 | or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of | ||||||
18 | 2012, the sex offender shall report to the registering agency | ||||||
19 | whether he or she is living in a household with a child under | ||||||
20 | 18 years of age who is not his or her own child, provided that | ||||||
21 | his or her own child is not the victim of the sex offense. The | ||||||
22 | sex offender or sexual predator shall register: | ||||||
23 | (1) with the chief of police in the municipality in | ||||||
24 | which he or she resides or is temporarily domiciled for a | ||||||
25 | period of time of 3 or more days, unless the municipality | ||||||
26 | is the City of Chicago, in which case he or she shall |
| |||||||
| |||||||
1 | register at a fixed location designated by the | ||||||
2 | Superintendent of the Chicago Police Department; or | ||||||
3 | (2) with the sheriff in the county in which he or she | ||||||
4 | resides or is temporarily domiciled for a period of time | ||||||
5 | of 3 or more days in an unincorporated area or, if | ||||||
6 | incorporated, no police chief exists. | ||||||
7 | If the sex offender or sexual predator is employed at or | ||||||
8 | attends an institution of higher education, he or she shall | ||||||
9 | also register: | ||||||
10 | (i) with: | ||||||
11 | (A) the chief of police in the municipality in | ||||||
12 | which he or she is employed at or attends an | ||||||
13 | institution of higher education, unless the | ||||||
14 | municipality is the City of Chicago, in which case he | ||||||
15 | or she shall register at a fixed location designated | ||||||
16 | by the Superintendent of the Chicago Police | ||||||
17 | Department; or | ||||||
18 | (B) the sheriff in the county in which he or she is | ||||||
19 | employed or attends an institution of higher education | ||||||
20 | located in an unincorporated area, or if incorporated, | ||||||
21 | no police chief exists; and | ||||||
22 | (ii) with the public safety or security director of | ||||||
23 | the institution of higher education which he or she is | ||||||
24 | employed at or attends. | ||||||
25 | The registration fees shall only apply to the municipality | ||||||
26 | or county of primary registration, and not to campus |
| |||||||
| |||||||
1 | registration. | ||||||
2 | For purposes of this Article, the place of residence or | ||||||
3 | temporary domicile is defined as any and all places where the | ||||||
4 | sex offender resides for an aggregate period of time of 3 or | ||||||
5 | more days during any calendar year. Any person required to | ||||||
6 | register under this Article who lacks a fixed address or | ||||||
7 | temporary domicile must notify, in person, the agency of | ||||||
8 | jurisdiction of his or her last known address within 3 days | ||||||
9 | after ceasing to have a fixed residence. | ||||||
10 | A sex offender or sexual predator who is temporarily | ||||||
11 | absent from his or her current address of registration for 3 or | ||||||
12 | more days shall notify the law enforcement agency having | ||||||
13 | jurisdiction of his or her current registration, including the | ||||||
14 | itinerary for travel, in the manner provided in Section 6 of | ||||||
15 | this Act for notification to the law enforcement agency having | ||||||
16 | jurisdiction of change of address. | ||||||
17 | Any person who lacks a fixed residence must report weekly, | ||||||
18 | in person , with the sheriff's office of the county in which he | ||||||
19 | or she is located in an unincorporated area, or with the chief | ||||||
20 | of police in the municipality in which he or she is located. | ||||||
21 | Any person who lacks a fixed residence shall report every 90 | ||||||
22 | days or yearly, along with any other required reporting, as | ||||||
23 | specified by the applicable Sections of this Act. The agency | ||||||
24 | of jurisdiction will document each weekly registration to | ||||||
25 | include all the locations where the person has stayed during | ||||||
26 | the past 7 days. |
| |||||||
| |||||||
1 | The sex offender or sexual predator shall provide accurate | ||||||
2 | information as required by the Illinois State Police. That | ||||||
3 | information shall include the sex offender's or sexual | ||||||
4 | predator's current place of employment. | ||||||
5 | (a-5) An out-of-state student or out-of-state employee | ||||||
6 | shall, within 3 days after beginning school or employment in | ||||||
7 | this State, register in person and provide accurate | ||||||
8 | information as required by the Illinois State Police. Such | ||||||
9 | information will include current place of employment, school | ||||||
10 | attended, and address in state of residence. A sex offender | ||||||
11 | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
12 | 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
13 | shall provide all Internet protocol (IP) addresses in his or | ||||||
14 | her residence, registered in his or her name, accessible at | ||||||
15 | his or her place of employment, or otherwise under his or her | ||||||
16 | control or custody. The out-of-state student or out-of-state | ||||||
17 | employee shall register: | ||||||
18 | (1) with: | ||||||
19 | (A) the chief of police in the municipality in | ||||||
20 | which he or she attends school or is employed for a | ||||||
21 | period of time of 5 or more days or for an aggregate | ||||||
22 | period of time of more than 30 days during any calendar | ||||||
23 | year, unless the municipality is the City of Chicago, | ||||||
24 | in which case he or she shall register at a fixed | ||||||
25 | location designated by the Superintendent of the | ||||||
26 | Chicago Police Department; or |
| |||||||
| |||||||
1 | (B) the sheriff in the county in which he or she | ||||||
2 | attends school or is employed for a period of time of 5 | ||||||
3 | or more days or for an aggregate period of time of more | ||||||
4 | than 30 days during any calendar year in an | ||||||
5 | unincorporated area or, if incorporated, no police | ||||||
6 | chief exists; and | ||||||
7 | (2) with the public safety or security director of the | ||||||
8 | institution of higher education he or she is employed at | ||||||
9 | or attends for a period of time of 5 or more days or for an | ||||||
10 | aggregate period of time of more than 30 days during a | ||||||
11 | calendar year. | ||||||
12 | The registration fees shall only apply to the municipality | ||||||
13 | or county of primary registration, and not to campus | ||||||
14 | registration. | ||||||
15 | The out-of-state student or out-of-state employee shall | ||||||
16 | provide accurate information as required by the Illinois State | ||||||
17 | Police. That information shall include the out-of-state | ||||||
18 | student's current place of school attendance or the | ||||||
19 | out-of-state employee's current place of employment. | ||||||
20 | (a-10) Any law enforcement agency registering sex | ||||||
21 | offenders or sexual predators in accordance with subsections | ||||||
22 | (a) or (a-5) of this Section shall forward to the Attorney | ||||||
23 | General a copy of sex offender registration forms from persons | ||||||
24 | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
25 | 11-21 of the Criminal Code of 1961 or the Criminal Code of | ||||||
26 | 2012, including periodic and annual registrations under |
| |||||||
| |||||||
1 | Section 6 of this Act. | ||||||
2 | (b) Any sex offender, as defined in Section 2 of this Act, | ||||||
3 | or sexual predator, regardless of any initial, prior, or other | ||||||
4 | registration, shall, within 3 days of beginning school, or | ||||||
5 | establishing a residence, place of employment, or temporary | ||||||
6 | domicile in any county, register in person as set forth in | ||||||
7 | subsection (a) or (a-5). | ||||||
8 | (c) The registration for any person required to register | ||||||
9 | under this Article shall be as follows: | ||||||
10 | (1) Any person registered under the Habitual Child Sex | ||||||
11 | Offender Registration Act or the Child Sex Offender | ||||||
12 | Registration Act prior to January 1, 1996, shall be deemed | ||||||
13 | initially registered as of January 1, 1996; however, this | ||||||
14 | shall not be construed to extend the duration of | ||||||
15 | registration set forth in Section 7. | ||||||
16 | (2) Except as provided in subsection (c)(2.1) or | ||||||
17 | (c)(4), any person convicted or adjudicated prior to | ||||||
18 | January 1, 1996, whose liability for registration under | ||||||
19 | Section 7 has not expired, shall register in person prior | ||||||
20 | to January 31, 1996. | ||||||
21 | (2.1) A sex offender or sexual predator, who has never | ||||||
22 | previously been required to register under this Act, has a | ||||||
23 | duty to register if the person has been convicted of any | ||||||
24 | felony offense after July 1, 2011. A person who previously | ||||||
25 | was required to register under this Act for a period of 10 | ||||||
26 | years and successfully completed that registration period |
| |||||||
| |||||||
1 | has a duty to register if: (i) the person has been | ||||||
2 | convicted of any felony offense after July 1, 2011, and | ||||||
3 | (ii) the offense for which the 10 year registration was | ||||||
4 | served currently requires a registration period of more | ||||||
5 | than 10 years. Notification of an offender's duty to | ||||||
6 | register under this subsection shall be pursuant to | ||||||
7 | Section 5-7 of this Act. | ||||||
8 | (2.5) Except as provided in subsection (c)(4), any | ||||||
9 | person who has not been notified of his or her | ||||||
10 | responsibility to register shall be notified by a criminal | ||||||
11 | justice entity of his or her responsibility to register. | ||||||
12 | Upon notification the person must then register within 3 | ||||||
13 | days of notification of his or her requirement to | ||||||
14 | register. Except as provided in subsection (c)(2.1), if | ||||||
15 | notification is not made within the offender's 10 year | ||||||
16 | registration requirement, and the Illinois State Police | ||||||
17 | determines no evidence exists or indicates the offender | ||||||
18 | attempted to avoid registration, the offender will no | ||||||
19 | longer be required to register under this Act. | ||||||
20 | (3) Except as provided in subsection (c)(4), any | ||||||
21 | person convicted on or after January 1, 1996, shall | ||||||
22 | register in person within 3 days after the entry of the | ||||||
23 | sentencing order based upon his or her conviction. | ||||||
24 | (4) Any person unable to comply with the registration | ||||||
25 | requirements of this Article because he or she is | ||||||
26 | confined, institutionalized, or imprisoned in Illinois on |
| |||||||
| |||||||
1 | or after January 1, 1996, shall register in person within | ||||||
2 | 3 days of discharge, parole or release. | ||||||
3 | (5) The person shall provide positive identification | ||||||
4 | and documentation that substantiates proof of residence at | ||||||
5 | the registering address . If the person registering has a | ||||||
6 | fixed residence, the person shall provide proof of | ||||||
7 | residence for that address. If the person lacks a fixed | ||||||
8 | residence, the person shall instead register as homeless. | ||||||
9 | (6) The person shall pay a $100 initial registration | ||||||
10 | fee and a $100 annual renewal fee to the registering law | ||||||
11 | enforcement agency having jurisdiction. If the registrant | ||||||
12 | is an indigent person, the The registering agency shall | ||||||
13 | may waive the registration fee if it determines that the | ||||||
14 | person is indigent and unable to pay the registration fee . | ||||||
15 | Thirty-five dollars for the initial registration fee and | ||||||
16 | $35 of the annual renewal fee shall be retained and used by | ||||||
17 | the registering agency for official purposes. Having | ||||||
18 | retained $35 of the initial registration fee and $35 of | ||||||
19 | the annual renewal fee, the registering agency shall remit | ||||||
20 | the remainder of the fee to State agencies within 30 days | ||||||
21 | of receipt for deposit into the State funds as follows: | ||||||
22 | (A) Five dollars of the initial registration fee | ||||||
23 | and $5 of the annual fee shall be remitted to the State | ||||||
24 | Treasurer who shall deposit the moneys into the Sex | ||||||
25 | Offender Management Board Fund under Section 19 of the | ||||||
26 | Sex Offender Management Board Act. Money deposited |
| |||||||
| |||||||
1 | into the Sex Offender Management Board Fund shall be | ||||||
2 | administered by the Sex Offender Management Board and | ||||||
3 | shall be used by the Board to comply with the | ||||||
4 | provisions of the Sex Offender Management Board Act. | ||||||
5 | (B) Thirty dollars of the initial registration fee | ||||||
6 | and $30 of the annual renewal fee shall be remitted to | ||||||
7 | the Illinois State Police which shall deposit the | ||||||
8 | moneys into the Offender Registration Fund. | ||||||
9 | (C) Thirty dollars of the initial registration fee | ||||||
10 | and $30 of the annual renewal fee shall be remitted to | ||||||
11 | the Attorney General who shall deposit the moneys into | ||||||
12 | the Attorney General Sex Offender Awareness, Training, | ||||||
13 | and Education Fund. Moneys deposited into the Fund | ||||||
14 | shall be used by the Attorney General to administer | ||||||
15 | the I-SORT program and to alert and educate the | ||||||
16 | public, victims, and witnesses of their rights under | ||||||
17 | various victim notification laws and for training law | ||||||
18 | enforcement agencies, State's Attorneys, and medical | ||||||
19 | providers of their legal duties concerning the | ||||||
20 | prosecution and investigation of sex offenses. | ||||||
21 | The registering agency shall establish procedures to | ||||||
22 | document the receipt and remittance of the $100 initial | ||||||
23 | registration fee and $100 annual renewal fee. | ||||||
24 | (d) Within 3 days after obtaining or changing employment | ||||||
25 | and, if employed on January 1, 2000, within 5 days after that | ||||||
26 | date, a person required to register under this Section must |
| |||||||
| |||||||
1 | report, in person to the law enforcement agency having | ||||||
2 | jurisdiction, the business name and address where he or she is | ||||||
3 | employed. If the person has multiple businesses or work | ||||||
4 | locations, every business and work location must be reported | ||||||
5 | to the law enforcement agency having jurisdiction. | ||||||
6 | (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.) | ||||||
7 | (730 ILCS 150/6) | ||||||
8 | Sec. 6. Duty to report; change of address, school, name , | ||||||
9 | or employment; duty to inform. A person who has been | ||||||
10 | adjudicated to be sexually dangerous or is a sexually violent | ||||||
11 | person and is later released, or found to be no longer sexually | ||||||
12 | dangerous or no longer a sexually violent person and | ||||||
13 | discharged, or convicted of a violation of this Act after July | ||||||
14 | 1, 2005, shall report in person to the law enforcement agency | ||||||
15 | with whom he or she last registered no later than 90 days after | ||||||
16 | the date of his or her last registration and every 90 days | ||||||
17 | thereafter and at such other times at the request of the law | ||||||
18 | enforcement agency not to exceed 4 times a year. Such sexually | ||||||
19 | dangerous or sexually violent person must report all new or | ||||||
20 | changed e-mail addresses, all new or changed instant messaging | ||||||
21 | identities, all new or changed chat room identities, and all | ||||||
22 | other new or changed Internet communications identities that | ||||||
23 | the sexually dangerous or sexually violent person uses or | ||||||
24 | plans to use, all new or changed Uniform Resource Locators | ||||||
25 | (URLs) registered or used by the sexually dangerous or |
| |||||||
| |||||||
1 | sexually violent person, and all new or changed blogs and | ||||||
2 | other Internet sites maintained by the sexually dangerous or | ||||||
3 | sexually violent person or to which the sexually dangerous or | ||||||
4 | sexually violent person has uploaded any content or posted any | ||||||
5 | messages or information. Any person who lacks a fixed | ||||||
6 | residence must report weekly, in person, to the appropriate | ||||||
7 | law enforcement agency where the sex offender is located. Any | ||||||
8 | other person who is required to register under this Article , | ||||||
9 | including any person who lacks a fixed address, shall report | ||||||
10 | in person to the appropriate law enforcement agency with whom | ||||||
11 | he or she last registered within one year from the date of last | ||||||
12 | registration and every year thereafter and at such other times | ||||||
13 | at the request of the law enforcement agency not to exceed 4 | ||||||
14 | times a year. If any person required to register under this | ||||||
15 | Article lacks a fixed residence or temporary domicile, he or | ||||||
16 | she must notify, in person, the agency of jurisdiction of his | ||||||
17 | or her last known address within 3 days after ceasing to have a | ||||||
18 | fixed residence and if the offender leaves the last | ||||||
19 | jurisdiction of residence, he or she, must within 3 days after | ||||||
20 | leaving register in person with the new agency of | ||||||
21 | jurisdiction. If any other person required to register under | ||||||
22 | this Article changes his or her residence address, place of | ||||||
23 | employment, telephone number, cellular telephone number, or | ||||||
24 | school, he or she shall report in person, to the law | ||||||
25 | enforcement agency with whom he or she last registered, his or | ||||||
26 | her new address, change in employment, telephone number, |
| |||||||
| |||||||
1 | cellular telephone number, or school, all new or changed | ||||||
2 | e-mail addresses, all new or changed instant messaging | ||||||
3 | identities, all new or changed chat room identities, and all | ||||||
4 | other new or changed Internet communications identities that | ||||||
5 | the sex offender uses or plans to use, all new or changed | ||||||
6 | Uniform Resource Locators (URLs) registered or used by the sex | ||||||
7 | offender, and all new or changed blogs and other Internet | ||||||
8 | sites maintained by the sex offender or to which the sex | ||||||
9 | offender has uploaded any content or posted any messages or | ||||||
10 | information, and register, in person, with the appropriate law | ||||||
11 | enforcement agency within the time period specified in Section | ||||||
12 | 3. If any person required to register under this Article is | ||||||
13 | granted a legal name change pursuant to subsection (b) of | ||||||
14 | Section 21-101 of the Code of Civil Procedure, the person they | ||||||
15 | shall report, in person, within 3 days of the their legal name | ||||||
16 | change, to the law enforcement agency with whom the person | ||||||
17 | they last registered. If the sex offender is a child sex | ||||||
18 | offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
19 | Criminal Code of 1961 or the Criminal Code of 2012, the sex | ||||||
20 | offender shall within 3 days after beginning to reside in a | ||||||
21 | household with a child under 18 years of age who is not his or | ||||||
22 | her own child, provided that his or her own child is not the | ||||||
23 | victim of the sex offense, report that information to the | ||||||
24 | registering law enforcement agency. 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 Illinois |
| |||||||
| |||||||
1 | State Police of the new place of residence, change in | ||||||
2 | employment, telephone number, cellular telephone number, or | ||||||
3 | school. | ||||||
4 | If any person required to register under this Article | ||||||
5 | intends to establish a residence or employment outside of the | ||||||
6 | State of Illinois, at least 10 days before establishing that | ||||||
7 | residence or employment, he or she shall report in person to | ||||||
8 | the law enforcement agency with which he or she last | ||||||
9 | registered of his or her out-of-state intended residence or | ||||||
10 | employment. The law enforcement agency with which such person | ||||||
11 | last registered shall, within 3 days after the reporting in | ||||||
12 | person of the person required to register under this Article | ||||||
13 | of an address or employment change, notify the Illinois State | ||||||
14 | Police. The Illinois State Police shall forward such | ||||||
15 | information to the out-of-state law enforcement agency having | ||||||
16 | jurisdiction in the form and manner prescribed by the Illinois | ||||||
17 | State Police. | ||||||
18 | (Source: P.A. P.A. 102-538, eff. 8-20-21; 102-1133, eff. | ||||||
19 | 1-1-24; revised 12-15-23.) | ||||||
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 |
| |||||||
| |||||||
1 | period of his or her natural life after conviction or | ||||||
2 | adjudication if not confined to a penal institution, hospital, | ||||||
3 | or other institution or facility, and if confined, for the | ||||||
4 | period of his or her natural life after parole, discharge, or | ||||||
5 | release from any such facility. A person who becomes subject | ||||||
6 | to registration under paragraph (2.1) of subsection (c) of | ||||||
7 | Section 3 of this Article who has previously been subject to | ||||||
8 | registration under this Article shall register for the period | ||||||
9 | currently required for the offense for which the person was | ||||||
10 | previously registered if not confined to a penal institution, | ||||||
11 | hospital, or other institution or facility, and if confined, | ||||||
12 | for the same period after parole, discharge, or release from | ||||||
13 | any such facility. Except as otherwise provided in this | ||||||
14 | Section, a person who becomes subject to registration under | ||||||
15 | this Article who has previously been subject to registration | ||||||
16 | under this Article or under the Murderer and Violent Offender | ||||||
17 | Against Youth Registration Act or similar registration | ||||||
18 | requirements of other jurisdictions shall register for the | ||||||
19 | period of his or her natural life if not confined to a penal | ||||||
20 | institution, hospital, or other institution or facility, and | ||||||
21 | if confined, for the period of his or her natural life after | ||||||
22 | parole, discharge, or release from any such facility. Any | ||||||
23 | other person who is required to register under this Article | ||||||
24 | shall be required to register for a period of 10 years after | ||||||
25 | conviction or adjudication if not confined to a penal | ||||||
26 | institution, hospital or any other institution or facility, |
| |||||||
| |||||||
1 | and if confined, for a period of 10 years after parole, | ||||||
2 | discharge or release from any such facility. A sex offender | ||||||
3 | who is allowed to leave a county, State, or federal facility | ||||||
4 | for the purposes of work release, education, or overnight | ||||||
5 | visitations shall be required to register within 3 days of | ||||||
6 | beginning such a program. Liability for registration | ||||||
7 | terminates at the expiration of 10 years from the date of | ||||||
8 | conviction or adjudication if not confined to a penal | ||||||
9 | institution, hospital or any other institution or facility and | ||||||
10 | if confined, at the expiration of 10 years from the date of | ||||||
11 | parole, discharge or release from any such facility, providing | ||||||
12 | such person does not, during that period, again become liable | ||||||
13 | to register under the provisions of this Article. | ||||||
14 | Reconfinement due to a violation of parole or other | ||||||
15 | circumstances that relates to the original conviction or | ||||||
16 | adjudication shall extend the period of registration to 10 | ||||||
17 | years after final parole, discharge, or release. Reconfinement | ||||||
18 | due to a violation of parole, a conviction reviving | ||||||
19 | registration, or other circumstances that do not relate to the | ||||||
20 | original conviction or adjudication shall toll the running of | ||||||
21 | the balance of the 10-year period of registration, which shall | ||||||
22 | not commence running until after final parole, discharge, or | ||||||
23 | release. The Director of the Illinois State Police, consistent | ||||||
24 | with administrative rules, shall extend for 10 years the | ||||||
25 | registration period of any sex offender, as defined in Section | ||||||
26 | 2 of this Act, who fails to comply with the provisions of this |
| |||||||
| |||||||
1 | Article. The registration period for any sex offender who | ||||||
2 | fails to comply with any provision of the Act shall extend the | ||||||
3 | period of registration by 10 years beginning from the first | ||||||
4 | date of registration after the violation. If the registration | ||||||
5 | period is extended, the Illinois State Police shall send a | ||||||
6 | registered letter to the person whose registration was | ||||||
7 | extended and to the law enforcement agency where the person | ||||||
8 | registers sex offender resides within 3 days after the | ||||||
9 | extension of the registration period. The person whose | ||||||
10 | registration was extended sex offender shall report to that | ||||||
11 | law enforcement agency and sign for that letter. One copy of | ||||||
12 | that letter shall be kept on file with the law enforcement | ||||||
13 | agency of the jurisdiction where the sex offender resides and | ||||||
14 | one copy shall be returned to the Illinois State Police. | ||||||
15 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
16 | (730 ILCS 150/8) (from Ch. 38, par. 228) | ||||||
17 | Sec. 8. Registration and DNA submission requirements. | ||||||
18 | (a) Registration. Registration as required by this Article | ||||||
19 | shall consist of a statement in writing signed by the person | ||||||
20 | giving the information that is required by the Illinois State | ||||||
21 | Police, which may include the fingerprints and must include a | ||||||
22 | current photograph of the person, to be updated annually. If | ||||||
23 | the sex offender is a child sex offender as defined in Section | ||||||
24 | 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal | ||||||
25 | Code of 2012, he or she shall sign a statement that he or she |
| |||||||
| |||||||
1 | understands that according to Illinois law as a child sex | ||||||
2 | offender he or she may not reside within 250 500 feet of a | ||||||
3 | school , park, or playground. The offender may also not reside | ||||||
4 | within 250 500 feet of a facility providing services directed | ||||||
5 | exclusively toward persons under 18 years of age unless the | ||||||
6 | sex offender meets specified exemptions. The registration | ||||||
7 | information must include whether the person is a sex offender | ||||||
8 | as defined in the Sex Offender Community Notification Law. | ||||||
9 | Within 3 days, the registering law enforcement agency shall | ||||||
10 | forward any required information to the Illinois State Police. | ||||||
11 | The registering law enforcement agency shall enter the | ||||||
12 | information into the Law Enforcement Agencies Data System | ||||||
13 | (LEADS) as provided in Sections 6 and 7 of the | ||||||
14 | Intergovernmental Missing Child Recovery Act of 1984. | ||||||
15 | (b) DNA submission. Every person registering as a sex | ||||||
16 | offender pursuant to this Act, regardless of the date of | ||||||
17 | conviction or the date of initial registration who is required | ||||||
18 | to submit specimens of blood, saliva, or tissue for DNA | ||||||
19 | analysis as required by subsection (a) of Section 5-4-3 of the | ||||||
20 | Unified Code of Corrections shall submit the specimens as | ||||||
21 | required by that Section. Registered sex offenders who have | ||||||
22 | previously submitted a DNA specimen which has been uploaded to | ||||||
23 | the Illinois DNA database shall not be required to submit an | ||||||
24 | additional specimen pursuant to this Section. | ||||||
25 | (Source: P.A. 102-538, eff. 8-20-21.) |
| |||||||
| |||||||
1 | (730 ILCS 150/10) (from Ch. 38, par. 230) | ||||||
2 | Sec. 10. Penalty. | ||||||
3 | (a) Any person who is required to register under this | ||||||
4 | Article who violates any of the provisions of this Article and | ||||||
5 | any person who is required to register under this Article who | ||||||
6 | seeks to change his or her name under Article XXI of the Code | ||||||
7 | of Civil Procedure is guilty of a Class C misdemeanor 3 felony , | ||||||
8 | unless, as provided under Section 21-101 of the Code of Civil | ||||||
9 | Procedure, that person verifies under oath that the petition | ||||||
10 | for the name change is due to marriage, religious beliefs, | ||||||
11 | status as a victim of trafficking or gender-related identity | ||||||
12 | as defined by the Illinois Human Rights Act. Any person who is | ||||||
13 | convicted for a violation of this Act for a second or | ||||||
14 | subsequent time is guilty of a Class B misdemeanor 2 felony , | ||||||
15 | unless, as provided under Section 21-101 of the Code of Civil | ||||||
16 | Procedure, that person verifies under oath that the petition | ||||||
17 | for the name change is due to marriage, religious beliefs, | ||||||
18 | status as a victim of trafficking or gender-related identity | ||||||
19 | as defined by the Illinois Human Rights Act. Any person who is | ||||||
20 | required to register under this Article who knowingly or | ||||||
21 | willfully gives material information required by this Article | ||||||
22 | that is false is guilty of a Class C misdemeanor 3 felony . Any | ||||||
23 | person convicted of a violation of any provision of this | ||||||
24 | Article shall, in addition to any other penalty required by | ||||||
25 | law, be required to serve a minimum period of 7 days | ||||||
26 | confinement in the local county jail. The court may shall |
| |||||||
| |||||||
1 | impose a mandatory minimum fine of $500 for failure to comply | ||||||
2 | with any provision of this Article. These fines shall be | ||||||
3 | deposited in the Offender Registration Fund. Any sex offender, | ||||||
4 | as defined in Section 2 of this Act, or sexual predator who | ||||||
5 | violates any provision of this Article may be arrested and | ||||||
6 | tried in any Illinois county where the sex offender can be | ||||||
7 | located. The local police department or sheriff's office is | ||||||
8 | not required to determine whether the person is living within | ||||||
9 | its jurisdiction. | ||||||
10 | (b) Any person, not covered by privilege under Part 8 of | ||||||
11 | Article VIII of the Code of Civil Procedure or the Illinois | ||||||
12 | Supreme Court's Rules of Professional Conduct, who has reason | ||||||
13 | to believe that a sexual predator is not complying, or has not | ||||||
14 | complied, with the requirements of this Article and who, with | ||||||
15 | the intent to assist the sexual predator in eluding a law | ||||||
16 | enforcement agency that is seeking to find the sexual predator | ||||||
17 | to question the sexual predator about, or to arrest the sexual | ||||||
18 | predator for, his or her noncompliance with the requirements | ||||||
19 | of this Article is guilty of a Class 3 felony if he or she: | ||||||
20 | (1) provides false information to the law enforcement | ||||||
21 | agency having jurisdiction about the sexual predator's | ||||||
22 | noncompliance with the requirements of this Article, and, | ||||||
23 | if known, the whereabouts of the sexual predator; | ||||||
24 | (2) harbors, or attempts to harbor, or assists another | ||||||
25 | person in harboring or attempting to harbor, the sexual | ||||||
26 | predator; or |
| |||||||
| |||||||
1 | (3) conceals or attempts to conceal, or assists | ||||||
2 | another person in concealing or attempting to conceal, the | ||||||
3 | sexual predator. | ||||||
4 | (c) Subsection (b) does not apply if the sexual predator | ||||||
5 | is incarcerated in or is in the custody of a State correctional | ||||||
6 | facility, a private correctional facility, a county or | ||||||
7 | municipal jail, a State mental health facility or a State | ||||||
8 | treatment and detention facility, or a federal correctional | ||||||
9 | facility. | ||||||
10 | (d) Subsections (a) and (b) do not apply if the sex | ||||||
11 | offender accurately registered his or her Internet protocol | ||||||
12 | address under this Act, and the address subsequently changed | ||||||
13 | without his or her knowledge or intent. | ||||||
14 | (Source: P.A. 101-571, eff. 8-23-19; 102-1133, eff. 1-1-24 .) | ||||||
15 | Section 25. The Murderer and Violent Offender Against | ||||||
16 | Youth Registration Act is amended by changing Sections 5, 10, | ||||||
17 | 40, and 60 as follows: | ||||||
18 | (730 ILCS 154/5) | ||||||
19 | Sec. 5. Definitions. | ||||||
20 | (a) As used in this Act, "violent offender against youth" | ||||||
21 | means any person who is: | ||||||
22 | (1) charged pursuant to Illinois law, or any | ||||||
23 | substantially similar federal, Uniform Code of Military | ||||||
24 | Justice, sister state, or foreign country law, with a |
| |||||||
| |||||||
1 | violent offense against youth set forth in subsection (b) | ||||||
2 | of this Section or the attempt to commit an included | ||||||
3 | violent offense against youth, and: | ||||||
4 | (A) is convicted of such offense or an attempt to | ||||||
5 | commit such offense; or | ||||||
6 | (B) is found not guilty by reason of insanity of | ||||||
7 | such offense or an attempt to commit such offense; or | ||||||
8 | (C) is found not guilty by reason of insanity | ||||||
9 | pursuant to subsection (c) of Section 104-25 of the | ||||||
10 | Code of Criminal Procedure of 1963 of such offense or | ||||||
11 | an attempt to commit such offense; or | ||||||
12 | (D) is the subject of a finding not resulting in an | ||||||
13 | acquittal at a hearing conducted pursuant to | ||||||
14 | subsection (a) of Section 104-25 of the Code of | ||||||
15 | Criminal Procedure of 1963 for the alleged commission | ||||||
16 | or attempted commission of such offense; or | ||||||
17 | (E) is found not guilty by reason of insanity | ||||||
18 | following a hearing conducted pursuant to a federal, | ||||||
19 | Uniform Code of Military Justice, sister state, or | ||||||
20 | foreign country law substantially similar to | ||||||
21 | subsection (c) of Section 104-25 of the Code of | ||||||
22 | Criminal Procedure of 1963 of such offense or of the | ||||||
23 | attempted commission of such offense; or | ||||||
24 | (F) is the subject of a finding not resulting in an | ||||||
25 | acquittal at a hearing conducted pursuant to a | ||||||
26 | federal, Uniform Code of Military Justice, sister |
| |||||||
| |||||||
1 | state, or foreign country law substantially similar to | ||||||
2 | subsection (c) of Section 104-25 of the Code of | ||||||
3 | Criminal Procedure of 1963 for the alleged violation | ||||||
4 | or attempted commission of such offense; or | ||||||
5 | (2) 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 | ||||||
8 | offenses specified in subsection (b) or (c-5) of this | ||||||
9 | Section or a violation of any substantially similar | ||||||
10 | federal, Uniform Code of Military Justice, sister state, | ||||||
11 | or foreign country law, or found guilty under Article V of | ||||||
12 | the Juvenile Court Act of 1987 of committing or attempting | ||||||
13 | to commit an act which, if committed by an adult, would | ||||||
14 | constitute any of the offenses specified in subsection (b) | ||||||
15 | or (c-5) of this Section or a violation of any | ||||||
16 | substantially similar federal, Uniform Code of Military | ||||||
17 | Justice, sister state, or foreign country law. | ||||||
18 | Convictions that result from or are connected with the | ||||||
19 | same act, or result from offenses committed at the same time, | ||||||
20 | shall be counted for the purpose of this Act as one conviction. | ||||||
21 | Any conviction set aside pursuant to law is not a conviction | ||||||
22 | for purposes of this Act. | ||||||
23 | For purposes of this Section, "convicted" shall have the | ||||||
24 | same meaning as "adjudicated". For the purposes of this Act, a | ||||||
25 | person who is defined as a violent offender against youth as a | ||||||
26 | result of being adjudicated a juvenile delinquent under |
| |||||||
| |||||||
1 | paragraph (2) of this subsection (a) upon attaining 17 years | ||||||
2 | of age shall be considered as having committed the violent | ||||||
3 | offense against youth on or after the 17th birthday of the | ||||||
4 | violent offender against youth. Registration of juveniles upon | ||||||
5 | attaining 17 years of age shall not extend the original | ||||||
6 | registration of 10 years from the date of conviction. | ||||||
7 | (b) As used in this Act, "violent offense against youth" | ||||||
8 | means: | ||||||
9 | (1) A violation of any of the following Sections of | ||||||
10 | the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
11 | when the victim is a person under 18 years of age and the | ||||||
12 | offense was committed on or after January 1, 1996: | ||||||
13 | 10-1 (kidnapping), | ||||||
14 | 10-2 (aggravated kidnapping), | ||||||
15 | 10-3 (unlawful restraint), | ||||||
16 | 10-3.1 (aggravated unlawful restraint). | ||||||
17 | An attempt to commit any of these offenses. | ||||||
18 | (2) First degree murder under Section 9-1 of the | ||||||
19 | Criminal Code of 1961 or the Criminal Code of 2012, when | ||||||
20 | the victim was a person under 18 years of age and the | ||||||
21 | defendant was at least 17 years of age at the time of the | ||||||
22 | commission of the offense. | ||||||
23 | (3) Child abduction under paragraph (10) of subsection | ||||||
24 | (b) of Section 10-5 of the Criminal Code of 1961 or the | ||||||
25 | Criminal Code of 2012 committed by luring or attempting to | ||||||
26 | lure a child under the age of 16 into a motor vehicle, |
| |||||||
| |||||||
1 | building, house trailer, or dwelling place without the | ||||||
2 | consent of the parent or lawful custodian of the child for | ||||||
3 | other than a lawful purpose and the offense was committed | ||||||
4 | on or after January 1, 1998. | ||||||
5 | (4) A violation or attempted violation of the | ||||||
6 | following Section of the Criminal Code of 1961 or the | ||||||
7 | Criminal Code of 2012 when the offense was committed on or | ||||||
8 | after July 1, 1999: | ||||||
9 | 10-4 (forcible detention, if the victim is under | ||||||
10 | 18 years of age). | ||||||
11 | (4.1) Involuntary manslaughter under Section 9-3 of | ||||||
12 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
13 | where baby shaking was the proximate cause of death of the | ||||||
14 | victim of the offense. | ||||||
15 | (4.2) Endangering the life or health of a child under | ||||||
16 | Section 12-21.6 or 12C-5 of the Criminal Code of 1961 or | ||||||
17 | the Criminal Code of 2012 that results in the death of the | ||||||
18 | child where baby shaking was the proximate cause of the | ||||||
19 | death of the child. | ||||||
20 | (4.3) Domestic battery resulting in bodily harm under | ||||||
21 | Section 12-3.2 of the Criminal Code of 1961 or the | ||||||
22 | Criminal Code of 2012 when the defendant was 18 years or | ||||||
23 | older and the victim was under 18 years of age and the | ||||||
24 | offense was committed on or after July 26, 2010. | ||||||
25 | (4.4) A violation or attempted violation of any of the | ||||||
26 | following Sections or clauses of the Criminal Code of 1961 |
| |||||||
| |||||||
1 | or the Criminal Code of 2012 when the victim was under 18 | ||||||
2 | years of age and the offense was committed on or after (1) | ||||||
3 | July 26, 2000 if the defendant was 18 years of age or older | ||||||
4 | or (2) July 26, 2010 and the defendant was under the age of | ||||||
5 | 18: | ||||||
6 | 12-3.3 (aggravated domestic battery), | ||||||
7 | 12-3.05(a)(1), 12-3.05(d)(2), 12-3.05(f)(1), | ||||||
8 | 12-4(a), 12-4(b)(1), or 12-4(b)(14) (aggravated | ||||||
9 | battery), | ||||||
10 | 12-3.05(a)(2) or 12-4.1 (heinous battery), | ||||||
11 | 12-3.05(b) or 12-4.3 (aggravated battery of a | ||||||
12 | child), | ||||||
13 | 12-3.1(a-5) or 12-4.4 (aggravated battery of an | ||||||
14 | unborn child), | ||||||
15 | 12-33 (ritualized abuse of a child). | ||||||
16 | (4.5) A violation or attempted violation of any of the | ||||||
17 | following Sections of the Criminal Code of 1961 or the | ||||||
18 | Criminal Code of 2012 when the victim was under 18 years of | ||||||
19 | age and the offense was committed on or after (1) August 1, | ||||||
20 | 2001 if the defendant was 18 years of age or older or (2) | ||||||
21 | August 1, 2011 and the defendant was under the age of 18: | ||||||
22 | 12-3.05(e)(1), (2), (3), or (4) or 12-4.2 | ||||||
23 | (aggravated battery with a firearm), | ||||||
24 | 12-3.05(e)(5), (6), (7), or (8) or 12-4.2-5 | ||||||
25 | (aggravated battery with a machine gun), | ||||||
26 | 12-11 or 19-6 (home invasion). |
| |||||||
| |||||||
1 | (5) A violation of any former law of this State | ||||||
2 | substantially equivalent to any offense listed in this | ||||||
3 | subsection (b). | ||||||
4 | (b-5) For the purposes of this Section, "first degree | ||||||
5 | murder of an adult" means first degree murder under Section | ||||||
6 | 9-1 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
7 | when the victim was a person 18 years of age or older at the | ||||||
8 | time of the commission of the offense. | ||||||
9 | (c) A conviction for an offense of federal law, Uniform | ||||||
10 | Code of Military Justice, or the law of another state or a | ||||||
11 | foreign country that is substantially equivalent to any | ||||||
12 | offense listed in subsections (b) and (c-5) of this Section | ||||||
13 | shall constitute a conviction for the purpose of this Act. | ||||||
14 | (c-5) A person at least 17 years of age at the time of the | ||||||
15 | commission of the offense who is convicted of first degree | ||||||
16 | murder under Section 9-1 of the Criminal Code of 1961 or the | ||||||
17 | Criminal Code of 2012, against a person under 18 years of age, | ||||||
18 | shall be required to register for natural life. A conviction | ||||||
19 | for an offense of federal, Uniform Code of Military Justice, | ||||||
20 | sister state, or foreign country law that is substantially | ||||||
21 | equivalent to any offense listed in this subsection (c-5) | ||||||
22 | shall constitute a conviction for the purpose of this Act. | ||||||
23 | This subsection (c-5) applies to a person who committed the | ||||||
24 | offense before June 1, 1996 only if the person is incarcerated | ||||||
25 | in an Illinois Department of Corrections facility on August | ||||||
26 | 20, 2004. |
| |||||||
| |||||||
1 | (c-6) A person who is convicted or adjudicated delinquent | ||||||
2 | of first degree murder of an adult shall be required to | ||||||
3 | register for a period of 10 years after conviction or | ||||||
4 | adjudication if not confined to a penal institution, hospital, | ||||||
5 | or any other institution or facility, and if confined, for a | ||||||
6 | period of 10 years after parole, discharge, or release from | ||||||
7 | any such facility. A conviction for an offense of federal, | ||||||
8 | Uniform Code of Military Justice, sister state, or foreign | ||||||
9 | country law that is substantially equivalent to any offense | ||||||
10 | listed in subsection (c-6) of this Section shall constitute a | ||||||
11 | conviction for the purpose of this Act. This subsection (c-6) | ||||||
12 | does not apply to those individuals released from | ||||||
13 | incarceration more than 10 years prior to January 1, 2012 (the | ||||||
14 | effective date of Public Act 97-154). | ||||||
15 | (d) As used in this Act, "law enforcement agency having | ||||||
16 | jurisdiction" means the Chief of Police in each of the | ||||||
17 | municipalities in which the violent offender against youth | ||||||
18 | expects to reside, work, or attend school (1) upon his or her | ||||||
19 | discharge, parole or release or (2) during the service of his | ||||||
20 | or her sentence of probation or conditional discharge, or the | ||||||
21 | Sheriff of the county, in the event no Police Chief exists or | ||||||
22 | if the offender intends to reside, work, or attend school in an | ||||||
23 | unincorporated area. "Law enforcement agency having | ||||||
24 | jurisdiction" includes the location where out-of-state | ||||||
25 | students attend school and where out-of-state employees are | ||||||
26 | employed or are otherwise required to register. |
| |||||||
| |||||||
1 | (e) As used in this Act, "supervising officer" means the | ||||||
2 | assigned Illinois Department of Corrections parole agent or | ||||||
3 | county probation officer. | ||||||
4 | (f) As used in this Act, "out-of-state student" means any | ||||||
5 | violent offender against youth who is enrolled in Illinois, on | ||||||
6 | a full-time or part-time basis, in any public or private | ||||||
7 | educational institution, including, but not limited to, any | ||||||
8 | secondary school, trade or professional institution, or | ||||||
9 | institution of higher learning. | ||||||
10 | (g) As used in this Act, "out-of-state employee" means any | ||||||
11 | violent offender against youth who works in Illinois, | ||||||
12 | regardless of whether the individual receives payment for | ||||||
13 | services performed, for a period of time of 10 or more days or | ||||||
14 | for an aggregate period of time of 30 or more days during any | ||||||
15 | calendar year. Persons who operate motor vehicles in the State | ||||||
16 | accrue one day of employment time for any portion of a day | ||||||
17 | spent in Illinois. | ||||||
18 | (h) As used in this Act, "school" means any public or | ||||||
19 | private educational institution, including, but not limited | ||||||
20 | to, any elementary or secondary school, trade or professional | ||||||
21 | institution, or institution of higher education. | ||||||
22 | (i) As used in this Act, "fixed residence" means any and | ||||||
23 | all places that a violent offender against youth resides for | ||||||
24 | an aggregate period of time of 5 or more days in a calendar | ||||||
25 | year. | ||||||
26 | (j) As used in this Act, "baby shaking" means the vigorous |
| |||||||
| |||||||
1 | shaking of an infant or a young child that may result in | ||||||
2 | bleeding inside the head and cause one or more of the following | ||||||
3 | conditions: irreversible brain damage; blindness, retinal | ||||||
4 | hemorrhage, or eye damage; cerebral palsy; hearing loss; | ||||||
5 | spinal cord injury, including paralysis; seizures; learning | ||||||
6 | disability; central nervous system injury; closed head injury; | ||||||
7 | rib fracture; subdural hematoma; or death. | ||||||
8 | (k) "Indigent person" means any person who meets one or | ||||||
9 | more of the following criteria: | ||||||
10 | (1) The person is receiving assistance under one or | ||||||
11 | more of the following means-based public benefits | ||||||
12 | programs: Supplemental Security Income (SSI); Social | ||||||
13 | Security Disability Insurance (SSDI); Aid to the Aged, | ||||||
14 | Blind and Disabled (AABD); Health Benefits for Workers | ||||||
15 | with Disabilities (HBWD); Temporary Assistance for Needy | ||||||
16 | Families (TANF); Supplemental Nutrition Assistance Program | ||||||
17 | (SNAP)(also known as food stamps, Link or EBT benefits); | ||||||
18 | Women, Infants, and Children Program (WIC); Medicaid for | ||||||
19 | Adults; General Assistance; State Transitional Assistance; | ||||||
20 | or State Children and Family Assistance. | ||||||
21 | (2) The person holds a current Affidavit of Zero | ||||||
22 | Income from a homeless shelter at which the person is | ||||||
23 | receiving services. | ||||||
24 | (3) The person has an income that is 200% or less of | ||||||
25 | the current poverty guidelines. | ||||||
26 | (l) "Poverty guidelines" means the federal poverty |
| |||||||
| |||||||
1 | guidelines established by the United States Department of | ||||||
2 | Health and Human Services to assist in determining financial | ||||||
3 | eligibility for programs and benefits. | ||||||
4 | (Source: P.A. 96-1115, eff. 1-1-11; 96-1294, eff. 7-26-10; | ||||||
5 | 97-154, eff. 1-1-12; 97-333, eff. 8-12-11; 97-432, eff. | ||||||
6 | 8-16-11; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150, | ||||||
7 | eff. 1-25-13.) | ||||||
8 | (730 ILCS 154/10) | ||||||
9 | Sec. 10. Duty to register. | ||||||
10 | (a) A violent offender against youth shall, within the | ||||||
11 | time period prescribed in subsections (b) and (c), register in | ||||||
12 | person and provide accurate information as required by the | ||||||
13 | Illinois State Police. Such information shall include a | ||||||
14 | current photograph, current address, current place of | ||||||
15 | employment, the employer's telephone number, school attended, | ||||||
16 | extensions of the time period for registering as provided in | ||||||
17 | this Act and, if an extension was granted, the reason why the | ||||||
18 | extension was granted and the date the violent offender | ||||||
19 | against youth was notified of the extension. A person who has | ||||||
20 | been adjudicated a juvenile delinquent for an act which, if | ||||||
21 | committed by an adult, would be a violent offense against | ||||||
22 | youth shall register as an adult violent offender against | ||||||
23 | youth within 10 days after attaining 17 years of age. The | ||||||
24 | violent offender against youth shall register: | ||||||
25 | (1) with the chief of police in the municipality in |
| |||||||
| |||||||
1 | which he or she resides or is temporarily domiciled for a | ||||||
2 | period of time of 5 or more days, unless the municipality | ||||||
3 | is the City of Chicago, in which case he or she shall | ||||||
4 | register at a fixed location designated by the | ||||||
5 | Superintendent of the Chicago Police Department; or | ||||||
6 | (2) with the sheriff in the county in which he or she | ||||||
7 | resides or is temporarily domiciled for a period of time | ||||||
8 | of 5 or more days in an unincorporated area or, if | ||||||
9 | incorporated, no police chief exists. | ||||||
10 | If the violent offender against youth is employed at or | ||||||
11 | attends an institution of higher education, he or she shall | ||||||
12 | register: | ||||||
13 | (i) with the chief of police in the municipality in | ||||||
14 | which he or she is employed at or attends an institution of | ||||||
15 | higher education, unless the municipality is the City of | ||||||
16 | Chicago, in which case he or she shall register at a fixed | ||||||
17 | location designated by the Superintendent of the Chicago | ||||||
18 | Police Department; or | ||||||
19 | (ii) with the sheriff in the county in which he or she | ||||||
20 | is employed or attends an institution of higher education | ||||||
21 | located in an unincorporated area, or if incorporated, no | ||||||
22 | police chief exists. | ||||||
23 | For purposes of this Act, the place of residence or | ||||||
24 | temporary domicile is defined as any and all places where the | ||||||
25 | violent offender against youth resides for an aggregate period | ||||||
26 | of time of 5 or more days during any calendar year. Any person |
| |||||||
| |||||||
1 | required to register under this Act who lacks a fixed address | ||||||
2 | or temporary domicile must notify, in person, the agency of | ||||||
3 | jurisdiction of his or her last known address within 5 days | ||||||
4 | after ceasing to have a fixed residence. | ||||||
5 | Any person who lacks a fixed residence must report weekly, | ||||||
6 | in person , with the sheriff's office of the county in which he | ||||||
7 | or she is located in an unincorporated area, or with the chief | ||||||
8 | of police in the municipality in which he or she is located. | ||||||
9 | The agency of jurisdiction will document each weekly | ||||||
10 | registration to include all the locations where the person has | ||||||
11 | stayed during the past 7 days. | ||||||
12 | The violent offender against youth shall provide accurate | ||||||
13 | information as required by the Illinois State Police. That | ||||||
14 | information shall include the current place of employment of | ||||||
15 | the violent offender against youth. | ||||||
16 | (a-5) An out-of-state student or out-of-state employee | ||||||
17 | shall, within 5 days after beginning school or employment in | ||||||
18 | this State, register in person and provide accurate | ||||||
19 | information as required by the Illinois State Police. Such | ||||||
20 | information will include current place of employment, school | ||||||
21 | attended, and address in state of residence. The out-of-state | ||||||
22 | student or out-of-state employee shall register: | ||||||
23 | (1) with the chief of police in the municipality in | ||||||
24 | which he or she attends school or is employed for a period | ||||||
25 | of time of 5 or more days or for an aggregate period of | ||||||
26 | time of more than 30 days during any calendar year, unless |
| |||||||
| |||||||
1 | the municipality is the City of Chicago, in which case he | ||||||
2 | or she shall register at a fixed location designated by | ||||||
3 | the Superintendent of the Chicago Police Department; or | ||||||
4 | (2) with the sheriff in the county in which he or she | ||||||
5 | attends school or is employed for a period of time of 5 or | ||||||
6 | more days or for an aggregate period of time of more than | ||||||
7 | 30 days during any calendar year in an unincorporated area | ||||||
8 | or, if incorporated, no police chief exists. | ||||||
9 | The out-of-state student or out-of-state employee shall | ||||||
10 | provide accurate information as required by the Illinois State | ||||||
11 | Police. That information shall include the out-of-state | ||||||
12 | student's current place of school attendance or the | ||||||
13 | out-of-state employee's current place of employment. | ||||||
14 | (b) Any violent offender against youth regardless of any | ||||||
15 | initial, prior, or other registration, shall, within 5 days of | ||||||
16 | beginning school, or establishing a residence, place of | ||||||
17 | employment, or temporary domicile in any county, register in | ||||||
18 | person as set forth in subsection (a) or (a-5). | ||||||
19 | (c) The registration for any person required to register | ||||||
20 | under this Act shall be as follows: | ||||||
21 | (1) Except as provided in paragraph (3) of this | ||||||
22 | subsection (c), any person who has not been notified of | ||||||
23 | his or her responsibility to register shall be notified by | ||||||
24 | a criminal justice entity of his or her responsibility to | ||||||
25 | register. Upon notification the person must then register | ||||||
26 | within 5 days of notification of his or her requirement to |
| |||||||
| |||||||
1 | register. If notification is not made within the time | ||||||
2 | frame of the offender's 10 year registration requirement, | ||||||
3 | and the Illinois State Police determines no evidence | ||||||
4 | exists or indicates the offender attempted to avoid | ||||||
5 | registration, the offender will no longer be required to | ||||||
6 | register under this Act. | ||||||
7 | (2) Except as provided in paragraph (3) of this | ||||||
8 | subsection (c), any person convicted on or after the | ||||||
9 | effective date of this Act shall register in person within | ||||||
10 | 5 days after the entry of the sentencing order based upon | ||||||
11 | his or her conviction. | ||||||
12 | (3) Any person unable to comply with the registration | ||||||
13 | requirements of this Act because he or she is confined, | ||||||
14 | institutionalized, or imprisoned in Illinois on or after | ||||||
15 | the effective date of this Act shall register in person | ||||||
16 | within 5 days of discharge, parole or release. | ||||||
17 | (4) The person shall provide positive identification | ||||||
18 | and documentation that substantiates proof of residence at | ||||||
19 | the registering address . If the person registering has a | ||||||
20 | fixed residence, the person shall provide proof of | ||||||
21 | residence for that address. If the person lacks a fixed | ||||||
22 | residence, the person shall instead register as homeless. | ||||||
23 | (5) The person shall pay a $20 initial registration | ||||||
24 | fee and a $10 annual renewal fee. The fees shall be | ||||||
25 | deposited into the Offender Registration Fund. The fees | ||||||
26 | shall be used by the registering agency for official |
| |||||||
| |||||||
1 | purposes. The agency shall establish procedures to | ||||||
2 | document receipt and use of the funds. If the registrant | ||||||
3 | is an indigent person, the The law enforcement agency | ||||||
4 | having jurisdiction shall may waive the registration fee | ||||||
5 | if it determines that the person is indigent and unable to | ||||||
6 | pay the registration fee. | ||||||
7 | (d) Within 5 days after obtaining or changing employment, | ||||||
8 | a person required to register under this Section must report, | ||||||
9 | in person to the law enforcement agency having jurisdiction, | ||||||
10 | the business name and address where he or she is employed. If | ||||||
11 | the person has multiple businesses or work locations, every | ||||||
12 | business and work location must be reported to the law | ||||||
13 | enforcement agency having jurisdiction. | ||||||
14 | (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.) | ||||||
15 | (730 ILCS 154/40) | ||||||
16 | Sec. 40. Duration of registration. A person who becomes | ||||||
17 | subject to registration under this Article who has previously | ||||||
18 | been subject to registration under this Article or under the | ||||||
19 | Sex Offender Registration Act or similar registration | ||||||
20 | requirements of other jurisdictions shall register for the | ||||||
21 | period of his or her natural life if not confined to a penal | ||||||
22 | institution, hospital, or other institution or facility, and | ||||||
23 | if confined, for the period of his or her natural life after | ||||||
24 | parole, discharge, or release from any such facility. Any | ||||||
25 | other person who is required to register under this Act shall |
| |||||||
| |||||||
1 | be required to register for a period of 5 10 years after | ||||||
2 | conviction or adjudication if not confined to a penal | ||||||
3 | institution, hospital or any other institution or facility, | ||||||
4 | and if confined, for a period of 5 10 years after parole, | ||||||
5 | discharge or release from any such facility. A violent | ||||||
6 | offender against youth who is allowed to leave a county, | ||||||
7 | State, or federal facility for the purposes of work release, | ||||||
8 | education, or overnight visitations shall be required to | ||||||
9 | register within 5 days of beginning such a program. Liability | ||||||
10 | for registration terminates at the expiration of 5 10 years | ||||||
11 | from the date of conviction or adjudication if not confined to | ||||||
12 | a penal institution, hospital or any other institution or | ||||||
13 | facility and if confined, at the expiration of 5 10 years from | ||||||
14 | the date of parole, discharge or release from any such | ||||||
15 | facility, providing such person does not, during that period, | ||||||
16 | again become liable to register under the provisions of this | ||||||
17 | Act. Reconfinement due to a violation of parole or other | ||||||
18 | circumstances that relates to the original conviction or | ||||||
19 | adjudication shall extend the period of registration to 5 10 | ||||||
20 | years after final parole, discharge, or release. The Director | ||||||
21 | of the Illinois State Police, consistent with administrative | ||||||
22 | rules, may shall extend for 5 10 years the registration period | ||||||
23 | of any violent offender against youth who fails to comply with | ||||||
24 | the provisions of this Act. The registration period for any | ||||||
25 | violent offender against youth who fails to comply with any | ||||||
26 | provision of the Act shall extend the period of registration |
| |||||||
| |||||||
1 | by the same length of time during which the person was not | ||||||
2 | registered 10 years beginning from the first date of | ||||||
3 | registration after the violation. If the registration period | ||||||
4 | is extended, the Illinois State Police shall send a registered | ||||||
5 | letter to the person whose registration was extended and to | ||||||
6 | the law enforcement agency where the person registers violent | ||||||
7 | offender against youth resides within 3 days after the | ||||||
8 | extension of the registration period. The person whose | ||||||
9 | registration was extended violent offender against youth shall | ||||||
10 | report to that law enforcement agency and sign for that | ||||||
11 | letter. One copy of that letter shall be kept on file with the | ||||||
12 | law enforcement agency of the jurisdiction where the violent | ||||||
13 | offender against youth resides and one copy shall be returned | ||||||
14 | to the Illinois State Police. | ||||||
15 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
16 | (730 ILCS 154/60) | ||||||
17 | Sec. 60. Penalty. Any person who is required to register | ||||||
18 | under this Act who violates any of the provisions of this Act | ||||||
19 | and any person who is required to register under this Act who | ||||||
20 | seeks to change his or her name under Article XXI of the Code | ||||||
21 | of Civil Procedure is guilty of a Class C misdemeanor 3 felony | ||||||
22 | unless, as provided under Section 21-101 of the Code of Civil | ||||||
23 | Procedure, that person verifies under oath that the petition | ||||||
24 | for the name change is due to marriage, religious beliefs, | ||||||
25 | status as a victim of trafficking or gender-related identity |
| |||||||
| |||||||
1 | as defined by the Illinois Human Rights Act. Any person who is | ||||||
2 | convicted for a violation of this Act for a second or | ||||||
3 | subsequent time is guilty of a Class B misdemeanor 2 felony | ||||||
4 | unless, as provided under Section 21-101 of the Code of Civil | ||||||
5 | Procedure, that person verifies under oath that the petition | ||||||
6 | for the name change is due to marriage, religious beliefs, | ||||||
7 | status as a victim of trafficking or gender-related identity | ||||||
8 | as defined by the Illinois Human Rights Act. Any person who is | ||||||
9 | required to register under this Act who knowingly or willfully | ||||||
10 | gives material information required by this Act that is false | ||||||
11 | is guilty of a Class C misdemeanor 3 felony . Any person | ||||||
12 | convicted of a violation of any provision of this Act shall, in | ||||||
13 | addition to any other penalty required by law, may be required | ||||||
14 | to serve a minimum period of 7 days confinement in the local | ||||||
15 | county jail. The court may shall impose a mandatory minimum | ||||||
16 | fine of $500 for failure to comply with any provision of this | ||||||
17 | Act. These fines shall be deposited into the Offender | ||||||
18 | Registration Fund. Any violent offender against youth who | ||||||
19 | violates any provision of this Act may be arrested and tried in | ||||||
20 | any Illinois county where the violent offender against youth | ||||||
21 | can be located. The local police department or sheriff's | ||||||
22 | office is not required to determine whether the person is | ||||||
23 | living within its jurisdiction. | ||||||
24 | (Source: P.A. 101-571, eff. 8-23-19; 102-1133, eff. 1-1-24 .) | ||||||
25 | Section 98. Applicability. The amendatory changes made by |
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1 | this Act apply to individuals required to register under the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | Sex Offender Registration Act, the Murderer and Violent | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Offender Against Youth Registration Act, or the Arsonist | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | Registration Act before, on, or after the effective date of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | this Act. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | Section 99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | becoming law. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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