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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Unified Code of Corrections is amended by | ||||||
5 | changing Section 3-14-2 as follows:
| ||||||
6 | (730 ILCS 5/3-14-2) (from Ch. 38, par. 1003-14-2)
| ||||||
7 | Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
| ||||||
8 | Release and Release by Statute.
| ||||||
9 | (a) The Department shall retain custody of all persons | ||||||
10 | placed on
parole or mandatory supervised release or released | ||||||
11 | pursuant to Section
3-3-10 of this Code and shall supervise | ||||||
12 | such persons during
their parole or release period in accord | ||||||
13 | with the conditions set by the
Prisoner Review Board. Such | ||||||
14 | conditions shall include referral to an
alcohol or drug abuse | ||||||
15 | treatment program, as appropriate, if such person has
| ||||||
16 | previously been identified as having an alcohol or drug abuse | ||||||
17 | problem.
Such conditions may include that the person use an | ||||||
18 | approved electronic
monitoring device subject to Article 8A of | ||||||
19 | Chapter V.
| ||||||
20 | (b) The Department shall assign personnel to assist persons | ||||||
21 | eligible
for parole in preparing a parole plan. Such Department | ||||||
22 | personnel shall
make a report of their efforts and findings to | ||||||
23 | the Prisoner Review
Board prior to its consideration of the | ||||||
24 | case of such eligible person.
| ||||||
25 | (c) A copy of the conditions of his parole or release shall | ||||||
26 | be
signed by the parolee or releasee and given to him and to | ||||||
27 | his
supervising officer who shall report on his progress under | ||||||
28 | the rules and
regulations of the Prisoner Review Board. The | ||||||
29 | supervising officer
shall report violations to the Prisoner | ||||||
30 | Review Board and shall have
the full power of peace officers in | ||||||
31 | the arrest and retaking of any
parolees or releasees or the | ||||||
32 | officer may request the Department to issue
a warrant for the |
| |||||||
| |||||||
1 | arrest of any parolee or releasee who has allegedly
violated | ||||||
2 | his parole or release conditions. If the parolee or releasee
| ||||||
3 | commits an act that constitutes a felony using a firearm or | ||||||
4 | knife, or, if applicable, fails to comply with the requirements | ||||||
5 | of the Sex Offender Registration Act, the
officer shall request | ||||||
6 | the Department to issue a warrant and the Department
shall | ||||||
7 | issue the warrant and the officer or the Department shall file | ||||||
8 | a
violation report with notice of charges with the Prisoner | ||||||
9 | Review Board. A
sheriff or other peace officer may detain an | ||||||
10 | alleged parole or release
violator until a warrant for his | ||||||
11 | return to the Department can be issued.
The parolee or releasee | ||||||
12 | may be delivered to any secure place until he can
be | ||||||
13 | transported to the Department.
| ||||||
14 | (d) The supervising officer shall regularly advise and | ||||||
15 | consult with
the parolee or releasee, assist him in adjusting | ||||||
16 | to community life,
inform him of the restoration of his rights | ||||||
17 | on successful completion of
sentence under Section 5-5-5.
| ||||||
18 | (e) Supervising officers shall receive specialized | ||||||
19 | training in the
special needs of female releasees or parolees | ||||||
20 | including the family
reunification process.
| ||||||
21 | (f) The supervising officer shall keep such records as the
| ||||||
22 | Prisoner Review Board or Department may require. All records | ||||||
23 | shall be
entered in the master file of the individual.
| ||||||
24 | (Source: P.A. 86-661; 86-1281; 87-855.)
| ||||||
25 | Section 10. The Sex Offender Registration Act is amended by | ||||||
26 | changing Sections 2, 3, 6, 8, 8-5, and 10 as follows:
| ||||||
27 | (730 ILCS 150/2) (from Ch. 38, par. 222)
| ||||||
28 | Sec. 2. Definitions.
| ||||||
29 | (A) As used in this Article, "sex offender" means any | ||||||
30 | person who is:
| ||||||
31 | (1) charged pursuant to Illinois law, or any | ||||||
32 | substantially similar
federal, Uniform Code of Military | ||||||
33 | Justice, sister state, or foreign country
law,
with a sex | ||||||
34 | offense set forth
in subsection (B) of this Section or the |
| |||||||
| |||||||
1 | attempt to commit an included sex
offense, and:
| ||||||
2 | (a) is convicted of such offense or an attempt to | ||||||
3 | commit such offense;
or
| ||||||
4 | (b) is found not guilty by reason of insanity of | ||||||
5 | such offense or an
attempt to commit such offense; or
| ||||||
6 | (c) is found not guilty by reason of insanity | ||||||
7 | pursuant to Section
104-25(c) of the Code of Criminal | ||||||
8 | Procedure of 1963 of such offense or an
attempt to | ||||||
9 | commit such offense; or
| ||||||
10 | (d) is the subject of a finding not resulting in an | ||||||
11 | acquittal at a
hearing conducted pursuant to Section | ||||||
12 | 104-25(a) of the Code of Criminal
Procedure of 1963 for | ||||||
13 | the alleged commission or attempted commission of such
| ||||||
14 | offense; or
| ||||||
15 | (e) is found not guilty by reason of insanity | ||||||
16 | following a hearing
conducted pursuant to a federal, | ||||||
17 | Uniform Code of Military Justice, sister
state, or | ||||||
18 | foreign country law
substantially similar to Section | ||||||
19 | 104-25(c) of the Code of Criminal Procedure
of 1963 of | ||||||
20 | such offense or of the attempted commission of such | ||||||
21 | offense; or
| ||||||
22 | (f) is the subject of a finding not resulting in an | ||||||
23 | acquittal at a
hearing conducted pursuant to a federal, | ||||||
24 | Uniform Code of Military Justice,
sister state, or | ||||||
25 | foreign country law
substantially similar to Section | ||||||
26 | 104-25(a) of the Code of Criminal Procedure
of 1963 for | ||||||
27 | the alleged violation or attempted commission of such | ||||||
28 | offense;
or
| ||||||
29 | (2) certified as a sexually dangerous person pursuant | ||||||
30 | to the Illinois
Sexually Dangerous Persons Act, or any | ||||||
31 | substantially similar federal, Uniform
Code of Military | ||||||
32 | Justice, sister
state, or foreign country law; or
| ||||||
33 | (3) subject to the provisions of Section 2 of the | ||||||
34 | Interstate
Agreements on Sexually Dangerous Persons Act; | ||||||
35 | or
| ||||||
36 | (4) found to be a sexually violent person pursuant to |
| |||||||
| |||||||
1 | the Sexually
Violent Persons Commitment Act or any | ||||||
2 | substantially similar federal, Uniform
Code of Military | ||||||
3 | Justice, sister
state, or foreign country law; or
| ||||||
4 | (5) adjudicated a juvenile delinquent as the result of | ||||||
5 | committing or
attempting to commit an act which, if | ||||||
6 | committed by an adult, would constitute
any of the offenses | ||||||
7 | specified in item (B), (C), or (C-5) of this Section or a
| ||||||
8 | violation of any substantially similar federal, Uniform | ||||||
9 | Code of Military
Justice, sister state, or foreign
country | ||||||
10 | law, or found guilty under Article V of the Juvenile Court | ||||||
11 | Act of 1987
of committing or attempting to commit an act | ||||||
12 | which, if committed by an adult,
would constitute any of | ||||||
13 | the offenses specified in item (B), (C), or (C-5) of
this | ||||||
14 | Section or a violation of any substantially similar | ||||||
15 | federal, Uniform Code
of Military Justice, sister state,
or | ||||||
16 | foreign country law.
| ||||||
17 | Convictions that result from or are connected with the same | ||||||
18 | act, or result
from offenses committed at the same time, shall | ||||||
19 | be counted for the purpose of
this Article as one conviction. | ||||||
20 | Any conviction set aside pursuant to law is
not a conviction | ||||||
21 | for purposes of this Article.
| ||||||
22 |
For purposes of this Section, "convicted" shall have the | ||||||
23 | same meaning as
"adjudicated".
| ||||||
24 | (B) As used in this Article, "sex offense" means:
| ||||||
25 | (1) A violation of any of the following Sections of the | ||||||
26 | Criminal Code of
1961:
| ||||||
27 | 11-20.1 (child pornography),
| ||||||
28 | 11-6 (indecent solicitation of a child),
| ||||||
29 | 11-9.1 (sexual exploitation of a child),
| ||||||
30 | 11-15.1 (soliciting for a juvenile prostitute),
| ||||||
31 | 11-18.1 (patronizing a juvenile prostitute),
| ||||||
32 | 11-17.1 (keeping a place of juvenile | ||||||
33 | prostitution),
| ||||||
34 | 11-19.1 (juvenile pimping),
| ||||||
35 | 11-19.2 (exploitation of a child),
| ||||||
36 | 12-13 (criminal sexual assault),
|
| |||||||
| |||||||
1 | 12-14 (aggravated criminal sexual assault),
| ||||||
2 | 12-14.1 (predatory criminal sexual assault of a | ||||||
3 | child),
| ||||||
4 | 12-15 (criminal sexual abuse),
| ||||||
5 | 12-16 (aggravated criminal sexual abuse),
| ||||||
6 | 12-33 (ritualized abuse of a child).
| ||||||
7 | An attempt to commit any of these offenses.
| ||||||
8 | (1.5) A violation of any of the following Sections of | ||||||
9 | the
Criminal Code of 1961, when the victim is a person | ||||||
10 | under 18 years of age, the
defendant is not a parent of the | ||||||
11 | victim, and the offense was committed on or
after January | ||||||
12 | 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 | (1.6) First degree murder under Section 9-1 of the | ||||||
19 | Criminal Code of 1961,
when the victim was a person under | ||||||
20 | 18 years of age, the defendant was at least
17 years of age | ||||||
21 | at the time of the commission of the offense, and the | ||||||
22 | offense
was committed on or after June 1, 1996.
| ||||||
23 | (1.7) (Blank).
| ||||||
24 | (1.8) A violation or attempted violation of Section | ||||||
25 | 11-11 (sexual
relations within families) of the Criminal | ||||||
26 | Code of 1961, and the offense was committed on or after
| ||||||
27 | June 1, 1997.
| ||||||
28 | (1.9) Child abduction under paragraph (10) of | ||||||
29 | subsection
(b) of Section 10-5 of the Criminal Code of 1961 | ||||||
30 | committed by luring or
attempting to lure a child under the | ||||||
31 | age of 16 into a motor vehicle, building,
house trailer, or | ||||||
32 | dwelling place without the consent of the parent or lawful
| ||||||
33 | custodian of the child for other than a lawful purpose and | ||||||
34 | the offense was
committed on or after January 1, 1998.
| ||||||
35 | (1.10) A violation or attempted violation of any of the | ||||||
36 | following Sections
of the Criminal Code of 1961 when the |
| |||||||
| |||||||
1 | offense was committed on or after July
1, 1999:
| ||||||
2 | 10-4 (forcible detention, if the victim is under 18 | ||||||
3 | years of age),
| ||||||
4 | 11-6.5 (indecent solicitation of an adult),
| ||||||
5 | 11-15 (soliciting for a prostitute, if the victim | ||||||
6 | is under 18 years
of age),
| ||||||
7 | 11-16 (pandering, if the victim is under 18 years | ||||||
8 | of age),
| ||||||
9 | 11-18 (patronizing a prostitute, if the victim is | ||||||
10 | under 18 years
of age),
| ||||||
11 | 11-19 (pimping, if the victim is under 18 years of | ||||||
12 | age).
| ||||||
13 | (1.11) A violation or attempted violation of any of the | ||||||
14 | following
Sections of the Criminal Code of 1961 when the | ||||||
15 | offense was committed on or
after the effective date of | ||||||
16 | this amendatory Act of the 92nd General Assembly:
| ||||||
17 | 11-9 (public indecency for a third or subsequent | ||||||
18 | conviction),
| ||||||
19 | 11-9.2 (custodial sexual misconduct).
| ||||||
20 | (1.12) A violation or attempted violation of Section
| ||||||
21 | 5.1 of the Wrongs to Children Act (permitting sexual abuse) | ||||||
22 | when the
offense was committed on or after the effective | ||||||
23 | date of this amendatory Act of
the 92nd General Assembly.
| ||||||
24 | (2) A violation of any former law of this State | ||||||
25 | substantially equivalent
to any offense listed in | ||||||
26 | subsection (B) of this Section.
| ||||||
27 | (C) A conviction for an offense of federal law, Uniform | ||||||
28 | Code of Military
Justice, or the law of another state
or a | ||||||
29 | foreign country that is substantially equivalent to any offense | ||||||
30 | listed
in subsections (B), (C), and (E) of this Section shall
| ||||||
31 | constitute a
conviction for the purpose
of this Article. A | ||||||
32 | finding or adjudication as a sexually dangerous person
or a | ||||||
33 | sexually violent person under any federal law, Uniform Code of | ||||||
34 | Military
Justice, or the law of another state or
foreign | ||||||
35 | country that is substantially equivalent to the Sexually | ||||||
36 | Dangerous
Persons Act or the Sexually Violent Persons |
| |||||||
| |||||||
1 | Commitment Act shall constitute an
adjudication for the | ||||||
2 | purposes of this Article.
| ||||||
3 | (C-5) A person at least 17 years of age at the time of the | ||||||
4 | commission of
the offense who is convicted of first degree | ||||||
5 | murder under Section 9-1 of the
Criminal Code of 1961, | ||||||
6 | committed on or after June 1, 1996 against a person
under 18 | ||||||
7 | years of age, shall be required to register
for natural life.
A | ||||||
8 | conviction for an offense of federal, Uniform Code of Military | ||||||
9 | Justice,
sister state, or foreign country law that is | ||||||
10 | substantially equivalent to any
offense listed in subsection | ||||||
11 | (C-5) of this Section shall constitute a
conviction for the | ||||||
12 | purpose of this Article.
| ||||||
13 | (D) As used in this Article, "law enforcement agency having | ||||||
14 | 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 or | ||||||
27 | county probation officer.
| ||||||
28 | (E) As used in this Article, "sexual predator" means any | ||||||
29 | person who,
after July 1, 1999, is:
| ||||||
30 | (1) Convicted for an offense of federal, Uniform Code | ||||||
31 | of Military
Justice, sister state, or foreign country law | ||||||
32 | that is substantially equivalent
to any offense listed in | ||||||
33 | subsection (E) of this Section shall constitute a
| ||||||
34 | conviction for the purpose of this Article.
Convicted of a | ||||||
35 | violation or attempted violation of any of the following
| ||||||
36 | Sections of the
Criminal Code of 1961, if the conviction |
| |||||||
| |||||||
1 | occurred after July
1, 1999:
| ||||||
2 | 11-17.1 (keeping a place of juvenile | ||||||
3 | prostitution),
| ||||||
4 | 11-19.1 (juvenile pimping),
| ||||||
5 | 11-19.2 (exploitation of a child),
| ||||||
6 | 11-20.1 (child pornography),
| ||||||
7 | 12-13 (criminal sexual assault, if the victim is a | ||||||
8 | person under 12
years of age),
| ||||||
9 | 12-14 (aggravated criminal sexual assault),
| ||||||
10 | 12-14.1 (predatory criminal sexual assault of a | ||||||
11 | child),
| ||||||
12 | 12-16 (aggravated criminal sexual abuse),
| ||||||
13 | 12-33 (ritualized abuse of a child); or
| ||||||
14 | (2) convicted of first degree murder under Section 9-1 | ||||||
15 | of the Criminal
Code of 1961, when the victim was a person | ||||||
16 | under 18 years of age and the
defendant was at least 17 | ||||||
17 | years of age at the time of the commission of the
offense; | ||||||
18 | or
| ||||||
19 | (3) certified as a sexually dangerous person pursuant | ||||||
20 | to the Sexually
Dangerous Persons Act or any substantially | ||||||
21 | similar federal, Uniform Code of
Military Justice, sister | ||||||
22 | state, or
foreign country law; or
| ||||||
23 | (4) found to be a sexually violent person pursuant to | ||||||
24 | the Sexually Violent
Persons Commitment Act or any | ||||||
25 | substantially similar federal, Uniform Code of
Military | ||||||
26 | Justice, sister state, or
foreign country law; or
| ||||||
27 | (5) convicted of a second or subsequent offense which | ||||||
28 | requires
registration pursuant to this Act. The conviction | ||||||
29 | for the second or subsequent
offense must have occurred | ||||||
30 | after July 1, 1999. For purposes of this paragraph
(5), | ||||||
31 | "convicted" shall include a conviction under any
| ||||||
32 | substantially similar
Illinois, federal, Uniform Code of | ||||||
33 | Military Justice, sister state, or
foreign country law.
| ||||||
34 | (F) As used in this Article, "out-of-state student" means | ||||||
35 | any sex
offender, as defined in this Section,
or sexual | ||||||
36 | predator who is enrolled in Illinois, on a full-time or |
| |||||||
| |||||||
1 | part-time
basis, in any public or private educational | ||||||
2 | institution, including, but not
limited to, any secondary | ||||||
3 | school, trade or professional institution, or
institution of | ||||||
4 | higher learning.
| ||||||
5 | (G) As used in this Article, "out-of-state employee" means | ||||||
6 | any sex
offender, as defined in this Section,
or sexual | ||||||
7 | predator who works in Illinois, regardless of whether the | ||||||
8 | individual
receives payment for services performed, for a | ||||||
9 | period of time of 10 or more days
or for an aggregate period of | ||||||
10 | time of 30 or more days
during any calendar year.
Persons who | ||||||
11 | operate motor vehicles in the State accrue one day of | ||||||
12 | employment
time for any portion of a day spent in Illinois.
| ||||||
13 | (Source: P.A. 91-48, eff. 7-1-99; 92-828, eff. 8-22-02.)
| ||||||
14 | (730 ILCS 150/3) (from Ch. 38, par. 223)
| ||||||
15 | Sec. 3. Duty to register.
| ||||||
16 | (a) A sex offender, as defined in Section 2 of this Act, or | ||||||
17 | sexual
predator shall, within the time period
prescribed in | ||||||
18 | subsections (b) and (c), register in person
and provide | ||||||
19 | accurate information as required by the Department of State
| ||||||
20 | Police. Such information shall include a current photograph,
| ||||||
21 | current address,
current place of employment, and school | ||||||
22 | attended. The sex offender or
sexual predator shall register:
| ||||||
23 | (1) with the chief of police in each of the | ||||||
24 | municipalities in which he or she
attends school, is | ||||||
25 | employed,
resides or is temporarily domiciled for a period | ||||||
26 | of time of 10 or more
days, unless the
municipality is the | ||||||
27 | City of Chicago, in which case he or she shall register
at | ||||||
28 | the Chicago Police Department Headquarters; or
| ||||||
29 | (2) with the sheriff in each of the counties in which
| ||||||
30 | he or she attends school, is
employed, resides or is
| ||||||
31 | temporarily domiciled
in an unincorporated
area or, if | ||||||
32 | incorporated, no police chief exists.
| ||||||
33 | For purposes of this Article, the place of residence or | ||||||
34 | temporary
domicile is defined as any and all places where the | ||||||
35 | sex offender resides
for an aggregate period of time of 10 or |
| |||||||
| |||||||
1 | more days during any calendar year.
| ||||||
2 | The sex offender or sexual predator shall provide accurate | ||||||
3 | information
as required by the Department of State Police. That | ||||||
4 | information shall include
the sex offender's or sexual | ||||||
5 | predator's current place of employment.
| ||||||
6 | (a-5) An out-of-state student or out-of-state employee | ||||||
7 | shall,
within 10 days after beginning school or employment in | ||||||
8 | this State,
register in person and provide accurate information | ||||||
9 | as required by the
Department of State Police. Such information | ||||||
10 | will include current place of
employment, school attended, and | ||||||
11 | address in state of residence:
| ||||||
12 | (1) with the chief of police in each of the | ||||||
13 | municipalities in which he or she attends school or is | ||||||
14 | employed for a period of time of 10
or more days or for an
| ||||||
15 | aggregate period of time of more than 30 days during any
| ||||||
16 | calendar year, unless the
municipality is the City of | ||||||
17 | Chicago, in which case he or she shall register at
the | ||||||
18 | Chicago Police Department Headquarters; or
| ||||||
19 | (2) with the sheriff in each of the counties in which
| ||||||
20 | he or she attends school or is
employed for a period of | ||||||
21 | time of 10 or more days or
for an aggregate period of
time | ||||||
22 | of more than 30 days during any calendar year in an
| ||||||
23 | unincorporated area
or, if incorporated, no police chief | ||||||
24 | exists.
| ||||||
25 | The out-of-state student or out-of-state employee shall | ||||||
26 | provide accurate
information as required by the Department of | ||||||
27 | State Police. That information
shall include the out-of-state | ||||||
28 | student's current place of school attendance or
the | ||||||
29 | out-of-state employee's current place of employment.
| ||||||
30 | (b) Any sex offender, as defined in Section 2 of this Act, | ||||||
31 | or sexual
predator, regardless of any initial,
prior, or other | ||||||
32 | registration, shall, within 10 days of beginning school,
or | ||||||
33 | establishing a
residence, place of employment, or temporary | ||||||
34 | domicile in
any county, register in person as set forth in | ||||||
35 | subsection (a)
or (a-5).
| ||||||
36 | (c) The registration for any person required to register |
| |||||||
| |||||||
1 | under this
Article shall be as follows:
| ||||||
2 | (1) Any person registered under the Habitual Child Sex | ||||||
3 | Offender
Registration Act or the Child Sex Offender | ||||||
4 | Registration Act prior to January
1, 1996, shall be deemed | ||||||
5 | initially registered as of January 1, 1996; however,
this | ||||||
6 | shall not be construed to extend the duration of | ||||||
7 | registration set forth
in Section 7.
| ||||||
8 | (2) Except as provided in subsection (c)(4), any person | ||||||
9 | convicted or
adjudicated prior to January 1, 1996, whose | ||||||
10 | liability for registration under
Section 7 has not expired, | ||||||
11 | shall register in person prior to January 31,
1996.
| ||||||
12 | (2.5) Except as provided in subsection (c)(4), any | ||||||
13 | person who has not
been notified of his or her | ||||||
14 | responsibility to register shall be notified by a
criminal | ||||||
15 | justice entity of his or her responsibility to register. | ||||||
16 | Upon
notification the person must then register within 10 | ||||||
17 | days of notification of
his or her requirement to register. | ||||||
18 | If notification is not made within the
offender's 10 year | ||||||
19 | registration requirement, and the Department of State
| ||||||
20 | Police determines no evidence exists or indicates the | ||||||
21 | offender attempted to
avoid registration, the offender | ||||||
22 | will no longer be required to register under
this Act.
| ||||||
23 | (3) Except as provided in subsection (c)(4), any person | ||||||
24 | convicted on
or after January 1, 1996, shall register in | ||||||
25 | person within 10 days after the
entry of the sentencing | ||||||
26 | order based upon his or her conviction.
| ||||||
27 | (4) Any person unable to comply with the registration | ||||||
28 | requirements of
this Article because he or she is confined, | ||||||
29 | institutionalized,
or imprisoned in Illinois on or after | ||||||
30 | January 1, 1996, shall register in person
within 10 days of | ||||||
31 | discharge, parole or release.
| ||||||
32 | (5) The person shall provide positive identification | ||||||
33 | and documentation
that substantiates proof of residence at | ||||||
34 | the registering address.
| ||||||
35 | (6) The person shall pay a $20
initial registration fee | ||||||
36 | and
a $10
annual
renewal fee. The fees shall be used by the |
| |||||||
| |||||||
1 | registering agency for official
purposes. The agency shall | ||||||
2 | establish procedures to document receipt and use
of the | ||||||
3 | funds.
The law enforcement agency having jurisdiction may | ||||||
4 | waive the registration fee
if it determines that the person | ||||||
5 | is indigent and unable to pay the registration
fee.
Ten | ||||||
6 | dollars for the initial registration fee and $5 of the | ||||||
7 | annual renewal fee
shall be used by the registering agency | ||||||
8 | for official purposes. Ten dollars of
the initial | ||||||
9 | registration fee and $5 of the annual fee shall be | ||||||
10 | deposited into
the Sex Offender Management Board Fund under | ||||||
11 | Section 19 of the Sex Offender
Management Board Act. Money | ||||||
12 | deposited into the Sex Offender Management Board
Fund shall | ||||||
13 | be administered by the Sex Offender Management Board and | ||||||
14 | shall be
used to
fund practices endorsed or required by the | ||||||
15 | Sex Offender Management Board Act
including but not limited | ||||||
16 | to sex offenders evaluation, treatment, or
monitoring | ||||||
17 | programs that are or may be developed, as well as for
| ||||||
18 | administrative costs, including staff, incurred by the | ||||||
19 | Board.
| ||||||
20 | (d) Within 10 days after obtaining or changing employment | ||||||
21 | and, if employed
on January 1, 2000, within 10 days after that | ||||||
22 | date, a person required to
register under this Section must | ||||||
23 | report, in person or in writing to the law
enforcement agency | ||||||
24 | having jurisdiction, the business name and address where he
or | ||||||
25 | she is employed. If the person has multiple businesses or work | ||||||
26 | locations,
every business and work location must be reported to | ||||||
27 | the law enforcement agency
having jurisdiction.
| ||||||
28 | (Source: P.A. 92-828, eff. 8-22-02; 93-616, eff. 1-1-04.)
| ||||||
29 | (730 ILCS 150/6) (from Ch. 38, par. 226)
| ||||||
30 | Sec. 6. Duty to report; change of address, school, or | ||||||
31 | employment; duty
to inform.
A person who has been adjudicated | ||||||
32 | to be sexually dangerous or is a sexually
violent person and is | ||||||
33 | later released, or found to be no longer sexually
dangerous or | ||||||
34 | no longer a sexually violent person and discharged, shall | ||||||
35 | report in
person to the law enforcement agency with whom he or |
| |||||||
| |||||||
1 | she last registered no
later than 90 days after the date of his | ||||||
2 | or her last registration and every 90
days thereafter. Any | ||||||
3 | other person who is required to register under this
Article | ||||||
4 | shall report in person to the appropriate law enforcement | ||||||
5 | agency with
whom he or she last registered within one year from | ||||||
6 | the date of last
registration and every year thereafter. If any | ||||||
7 | person required to register
under this Article changes his or | ||||||
8 | her residence address, place of
employment,
or school, he or | ||||||
9 | she shall, in writing, within 10 days inform the law
| ||||||
10 | enforcement agency
with whom he or she last registered of his | ||||||
11 | or her new address, change in
employment, or school and | ||||||
12 | register with the appropriate law enforcement
agency within the
| ||||||
13 | time period specified in Section 3. The law enforcement agency | ||||||
14 | shall, within 3
days of receipt, notify the Department of State | ||||||
15 | Police and the law enforcement
agency having jurisdiction of | ||||||
16 | the new place of residence, change in
employment, or school. | ||||||
17 | Initial and updated registration information shall be | ||||||
18 | highlighted on the Department of State Police Sex Offender | ||||||
19 | Database for a period of 90 days.
| ||||||
20 | If any person required to register under this Article | ||||||
21 | establishes a
residence or employment outside of the State of | ||||||
22 | Illinois, within 10 days
after establishing that residence or | ||||||
23 | employment, he or she shall, in writing,
inform the law | ||||||
24 | enforcement agency with which he or she last registered of his
| ||||||
25 | or her out-of-state residence or employment. The law | ||||||
26 | enforcement agency with
which such person last registered | ||||||
27 | shall, within 3 days notice of an address or
employment change, | ||||||
28 | notify the Department of State Police. The Department of
State | ||||||
29 | Police shall forward such information to the out-of-state law | ||||||
30 | enforcement
agency having jurisdiction in the form and manner | ||||||
31 | prescribed by the
Department of State Police.
| ||||||
32 | (Source: P.A. 91-48, eff. 7-1-99; 91-394, eff. 1-1-00; 92-16, | ||||||
33 | eff.
6-28-01; 92-828, eff. 8-22-02.)
| ||||||
34 | (730 ILCS 150/8) (from Ch. 38, par. 228)
| ||||||
35 | Sec. 8. Registration Requirements. Registration as |
| |||||||
| |||||||
1 | required by this
Article shall consist of a statement in | ||||||
2 | writing signed by the person giving the
information that is | ||||||
3 | required by the Department of State Police, which may
include | ||||||
4 | the fingerprints and must include a current photograph of the | ||||||
5 | person , to be updated annually . The
registration
information | ||||||
6 | must include whether the person is a sex offender as
defined
in | ||||||
7 | the Sex Offender and Child Murderer Community Notification
Law. | ||||||
8 | Within 3
days, the
registering law enforcement agency shall | ||||||
9 | forward any
required information to the Department of State | ||||||
10 | Police. The registering
law enforcement agency shall
enter the | ||||||
11 | information into the Law Enforcement Agencies Data System | ||||||
12 | (LEADS) as
provided in Sections 6 and 7 of the | ||||||
13 | Intergovernmental Missing Child Recovery
Act of 1984.
| ||||||
14 | (Source: P.A. 90-193, eff. 7-24-97; 91-224, eff. 7-1-00.)
| ||||||
15 | (730 ILCS 150/8-5)
| ||||||
16 | Sec. 8-5. Verification
Address verification requirements. | ||||||
17 | (a) Address verification. The agency having
jurisdiction
| ||||||
18 | shall verify the
address of sex offenders, as defined in | ||||||
19 | Section 2 of this Act, or sexual
predators required to register | ||||||
20 | with their
agency at least once per calendar year. The | ||||||
21 | verification must be documented in
LEADS in the form and manner | ||||||
22 | required by the Department of State Police. | ||||||
23 | (b) Registration verification. The supervising officer | ||||||
24 | shall, within 15 days of sentencing to probation or release | ||||||
25 | from an Illinois Department of Corrections facility, contact | ||||||
26 | the law enforcement agency in the jurisdiction in which the sex | ||||||
27 | offender or sexual predator designated as his or her intended | ||||||
28 | residence and verify compliance with the requirements of this | ||||||
29 | Act. Revocation proceedings shall be immediately commenced | ||||||
30 | against a sex offender or sexual predator on probation, parole, | ||||||
31 | or mandatory supervised release who fails to comply with the | ||||||
32 | requirements of this Act.
| ||||||
33 | (Source: P.A. 91-48, eff. 7-1-99; 92-828, eff. 8-22-02.)
| ||||||
34 | (730 ILCS 150/10) (from Ch. 38, par. 230)
|
| |||||||
| |||||||
1 | Sec. 10. Penalty. Any person who is required to register | ||||||
2 | under this
Article who violates any of the provisions of this | ||||||
3 | Article and any person
who is required to register under this | ||||||
4 | Article who seeks to change his or her
name under Article 21 of | ||||||
5 | the Code of Civil Procedure is guilty of a Class 3
4
felony.
| ||||||
6 | Any person who is required to register under this Article who
| ||||||
7 | knowingly or wilfully gives material information required by | ||||||
8 | this Article that
is false is guilty of a Class 3 felony.
Any | ||||||
9 | person convicted of a violation of any provision of this | ||||||
10 | Article
shall, in addition to any other penalty required by | ||||||
11 | law, be required to serve a
minimum period of 7 days | ||||||
12 | confinement in the local county jail. The court shall
impose a | ||||||
13 | mandatory minimum fine of $500 for failure to comply with any
| ||||||
14 | provision of this Article. These fines shall be deposited in | ||||||
15 | the Sex Offender
Registration Fund. Any sex offender, as | ||||||
16 | defined in Section 2 of this Act,
or sexual predator who | ||||||
17 | violates any
provision of this Article may be tried in any | ||||||
18 | Illinois county where the sex
offender can be located.
| ||||||
19 | (Source: P.A. 91-48, eff. 7-1-99; 91-221, eff. 7-22-99; 92-16, | ||||||
20 | eff.
6-28-01; 92-828, eff. 8-22-02.)
| ||||||
21 | Section 15. The Sex Offender and Child Murderer Community | ||||||
22 | Notification Law is amended by changing Section 115 as follows:
| ||||||
23 | (730 ILCS 152/115)
| ||||||
24 | Sec. 115. Sex offender database.
| ||||||
25 | (a) The Department of State Police
shall establish and | ||||||
26 | maintain a Statewide Sex Offender Database for
the
purpose of | ||||||
27 | identifying sex offenders and making that information
| ||||||
28 | available to the persons specified in Sections 120 and 125 of | ||||||
29 | this Law. The
Database shall be created from the Law | ||||||
30 | Enforcement Agencies Data System (LEADS)
established under | ||||||
31 | Section 6 of the Intergovernmental Missing Child Recovery Act
| ||||||
32 | of 1984. The Department of State Police shall examine its LEADS | ||||||
33 | database for
persons registered as sex offenders under the Sex | ||||||
34 | Offender Registration Act and
shall identify those who are sex |
| |||||||
| |||||||
1 | offenders and shall add all the
information, including | ||||||
2 | photographs if available, on those sex offenders to
the | ||||||
3 | Statewide Sex
Offender
Database.
| ||||||
4 | (b) The Department of State Police must make the | ||||||
5 | information contained in
the
Statewide Sex Offender Database | ||||||
6 | accessible on the Internet by means of a
hyperlink
labeled "Sex | ||||||
7 | Offender Information" on the Department's World Wide Web home
| ||||||
8 | page and must include hyperlinks to the sex offender Web sites | ||||||
9 | of Missouri, Indiana, Wisconsin, Kentucky, and Iowa . The | ||||||
10 | Department of State Police must update that information as it | ||||||
11 | deems
necessary and must highlight additions to its registry | ||||||
12 | for a period of 90 days .
| ||||||
13 | The Department of State Police may require that a person | ||||||
14 | who seeks access to
the sex
offender information submit | ||||||
15 | biographical information about himself or
herself before
| ||||||
16 | permitting access to the sex offender information. The | ||||||
17 | Department of State
Police may
limit access
to the sex offender | ||||||
18 | information to information about sex offenders who reside
| ||||||
19 | within a
specified geographic
area in proximity to the address | ||||||
20 | of
the person
seeking that information. The Department of State | ||||||
21 | Police must promulgate rules
in accordance with the Illinois | ||||||
22 | Administrative Procedure
Act to implement this
subsection
(b)
| ||||||
23 | and those rules must include procedures to ensure that the | ||||||
24 | information in the
database is accurate.
| ||||||
25 | (Source: P.A. 90-193, eff. 7-24-97; 91-224, eff. 7-1-00.)
|