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1     AN ACT concerning sex offenders.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Sex Offender Registration Act is amended by
5 changing Sections 2, 3, 6, 7, and 8 as follows:
 
6     (730 ILCS 150/2)  (from Ch. 38, par. 222)
7     Sec. 2. Definitions.
8     (A) As used in this Article, "sex offender" means any
9 person who is:
10         (1) charged pursuant to Illinois law, or any
11     substantially similar federal, Uniform Code of Military
12     Justice, sister state, or foreign country law, with a sex
13     offense set forth in subsection (B) of this Section or the
14     attempt to commit an included sex offense, and:
15             (a) is convicted of such offense or an attempt to
16         commit such offense; or
17             (b) is found not guilty by reason of insanity of
18         such offense or an attempt to commit such offense; or
19             (c) is found not guilty by reason of insanity
20         pursuant to Section 104-25(c) of the Code of Criminal
21         Procedure of 1963 of such offense or an attempt to
22         commit such offense; or
23             (d) is the subject of a finding not resulting in an
24         acquittal at a hearing conducted pursuant to Section
25         104-25(a) of the Code of Criminal Procedure of 1963 for
26         the alleged commission or attempted commission of such
27         offense; or
28             (e) is found not guilty by reason of insanity
29         following a hearing conducted pursuant to a federal,
30         Uniform Code of Military Justice, sister state, or
31         foreign country law substantially similar to Section
32         104-25(c) of the Code of Criminal Procedure of 1963 of

 

 

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1         such offense or of the attempted commission of such
2         offense; or
3             (f) is the subject of a finding not resulting in an
4         acquittal at a hearing conducted pursuant to a federal,
5         Uniform Code of Military Justice, sister state, or
6         foreign country law substantially similar to Section
7         104-25(a) of the Code of Criminal Procedure of 1963 for
8         the alleged violation or attempted commission of such
9         offense; or
10         (2) certified as a sexually dangerous person pursuant
11     to the Illinois Sexually Dangerous Persons Act, or any
12     substantially similar federal, Uniform Code of Military
13     Justice, sister state, or foreign country law; or
14         (3) subject to the provisions of Section 2 of the
15     Interstate Agreements on Sexually Dangerous Persons Act;
16     or
17         (4) found to be a sexually violent person pursuant to
18     the Sexually Violent Persons Commitment Act or any
19     substantially similar federal, Uniform Code of Military
20     Justice, sister state, or foreign country law; or
21         (5) adjudicated a juvenile delinquent as the result of
22     committing or attempting to commit an act which, if
23     committed by an adult, would constitute any of the offenses
24     specified in item (B), (C), or (C-5) of this Section or a
25     violation of any substantially similar federal, Uniform
26     Code of Military Justice, sister state, or foreign country
27     law, or found guilty under Article V of the Juvenile Court
28     Act of 1987 of committing or attempting to commit an act
29     which, if committed by an adult, would constitute any of
30     the offenses specified in item (B), (C), or (C-5) of this
31     Section or a violation of any substantially similar
32     federal, Uniform Code of Military Justice, sister state, or
33     foreign country law.
34     Convictions that result from or are connected with the same
35 act, or result from offenses committed at the same time, shall
36 be counted for the purpose of this Article as one conviction.

 

 

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1 Any conviction set aside pursuant to law is not a conviction
2 for purposes of this Article.
3      For purposes of this Section, "convicted" shall have the
4 same meaning as "adjudicated". For the purposes of this
5 Article, a person who is defined as a sex offender as a result
6 of being adjudicated a juvenile delinquent under paragraph (5)
7 of this subsection (A) upon attaining 17 years of age shall be
8 considered as having committed the sex offense on or after the
9 sex offender's 17th birthday. Registration of juveniles upon
10 attaining 17 years of age shall not extend the original
11 registration of 10 years from the date of conviction.
12     (B) As used in this Article, "sex offense" means:
13         (1) A violation of any of the following Sections of the
14     Criminal Code of 1961:
15             11-20.1 (child pornography),
16             11-6 (indecent solicitation of a child),
17             11-9.1 (sexual exploitation of a child),
18             11-15.1 (soliciting for a juvenile prostitute),
19             11-18.1 (patronizing a juvenile prostitute),
20             11-17.1 (keeping a place of juvenile
21         prostitution),
22             11-19.1 (juvenile pimping),
23             11-19.2 (exploitation of a child),
24             12-13 (criminal sexual assault),
25             12-14 (aggravated criminal sexual assault),
26             12-14.1 (predatory criminal sexual assault of a
27         child),
28             12-15 (criminal sexual abuse),
29             12-16 (aggravated criminal sexual abuse),
30             12-33 (ritualized abuse of a child).
31             An attempt to commit any of these offenses.
32         (1.5) A violation of any of the following Sections of
33     the Criminal Code of 1961, when the victim is a person
34     under 18 years of age, the defendant is not a parent of the
35     victim, and the offense was committed on or after January
36     1, 1996:

 

 

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1             10-1 (kidnapping),
2             10-2 (aggravated kidnapping),
3             10-3 (unlawful restraint),
4             10-3.1 (aggravated unlawful restraint).
5             An attempt to commit any of these offenses.
6         (1.6) First degree murder under Section 9-1 of the
7     Criminal Code of 1961, when the victim was a person under
8     18 years of age and the defendant was at least 17 years of
9     age at the time of the commission of the offense.
10         (1.7) (Blank).
11         (1.8) A violation or attempted violation of Section
12     11-11 (sexual relations within families) of the Criminal
13     Code of 1961, and the offense was committed on or after
14     June 1, 1997.
15         (1.9)   Child abduction under paragraph (10) of
16     subsection (b) of Section 10-5 of the Criminal Code of 1961
17     committed by luring or attempting to lure a child under the
18     age of 16 into a motor vehicle, building, house trailer, or
19     dwelling place without the consent of the parent or lawful
20     custodian of the child for other than a lawful purpose and
21     the offense was committed on or after January 1, 1998.
22         (1.10) A violation or attempted violation of any of the
23     following Sections of the Criminal Code of 1961 when the
24     offense was committed on or after July 1, 1999:
25             10-4 (forcible detention, if the victim is under 18
26         years of age),
27             11-6.5 (indecent solicitation of an adult),
28             11-15 (soliciting for a prostitute, if the victim
29         is under 18 years of age),
30             11-16 (pandering, if the victim is under 18 years
31         of age),
32             11-18 (patronizing a prostitute, if the victim is
33         under 18 years of age),
34             11-19 (pimping, if the victim is under 18 years of
35         age).
36         (1.11) A violation or attempted violation of any of the

 

 

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1     following Sections of the Criminal Code of 1961 when the
2     offense was committed on or after the effective date of
3     this amendatory Act of the 92nd General Assembly:
4             11-9 (public indecency for a third or subsequent
5         conviction),
6             11-9.2 (custodial sexual misconduct).
7         (1.12) A violation or attempted violation of Section
8     5.1 of the Wrongs to Children Act (permitting sexual abuse)
9     when the offense was committed on or after the effective
10     date of this amendatory Act of the 92nd General Assembly.
11         (2) A violation of any former law of this State
12     substantially equivalent to any offense listed in
13     subsection (B) of this Section.
14     (C) A conviction for an offense of federal law, Uniform
15 Code of Military Justice, or the law of another state or a
16 foreign country that is substantially equivalent to any offense
17 listed in subsections (B), (C), and (E) of this Section shall
18 constitute a conviction for the purpose of this Article. A
19 finding or adjudication as a sexually dangerous person or a
20 sexually violent person under any federal law, Uniform Code of
21 Military Justice, or the law of another state or foreign
22 country that is substantially equivalent to the Sexually
23 Dangerous Persons Act or the Sexually Violent Persons
24 Commitment Act shall constitute an adjudication for the
25 purposes of this Article.
26     (C-5) A person at least 17 years of age at the time of the
27 commission of the offense who is convicted of first degree
28 murder under Section 9-1 of the Criminal Code of 1961, against
29 a person under 18 years of age, shall be required to register
30 for natural life. A conviction for an offense of federal,
31 Uniform Code of Military Justice, sister state, or foreign
32 country law that is substantially equivalent to any offense
33 listed in subsection (C-5) of this Section shall constitute a
34 conviction for the purpose of this Article. This subsection
35 (C-5) applies to a person who committed the offense before June
36 1, 1996 only if the person is incarcerated in an Illinois

 

 

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1 Department of Corrections facility on August 20, 2004 (the
2 effective date of Public Act 93-977) this amendatory Act of the
3 93rd General Assembly.
4     (D) As used in this Article, "law enforcement agency having
5 jurisdiction" means the Chief of Police in each of the
6 municipalities in which the sex offender expects to reside,
7 work, or attend school (1) upon his or her discharge, parole or
8 release or (2) during the service of his or her sentence of
9 probation or conditional discharge, or the Sheriff of the
10 county, in the event no Police Chief exists or if the offender
11 intends to reside, work, or attend school in an unincorporated
12 area. "Law enforcement agency having jurisdiction" includes
13 the location where out-of-state students attend school and
14 where out-of-state employees are employed or are otherwise
15 required to register.
16     (D-1) As used in this Article, "supervising officer" means
17 the assigned Illinois Department of Corrections parole agent or
18 county probation officer.
19     (E) As used in this Article, "sexual predator" means any
20 person who, after July 1, 1999, is:
21         (1) Convicted for an offense of federal, Uniform Code
22     of Military Justice, sister state, or foreign country law
23     that is substantially equivalent to any offense listed in
24     subsection (E) of this Section shall constitute a
25     conviction for the purpose of this Article. Convicted of a
26     violation or attempted violation of any of the following
27     Sections of the Criminal Code of 1961, if the conviction
28     occurred after July 1, 1999:
29             11-17.1 (keeping a place of juvenile
30         prostitution),
31             11-19.1 (juvenile pimping),
32             11-19.2 (exploitation of a child),
33             11-20.1 (child pornography),
34             12-13 (criminal sexual assault, if the victim is a
35         person under 12 years of age),
36             12-14 (aggravated criminal sexual assault),

 

 

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1             12-14.1 (predatory criminal sexual assault of a
2         child),
3             12-16 (aggravated criminal sexual abuse),
4             12-33 (ritualized abuse of a child); or
5         (2) convicted of first degree murder under Section 9-1
6     of the Criminal Code of 1961, when the victim was a person
7     under 18 years of age and the defendant was at least 17
8     years of age at the time of the commission of the offense;
9     or
10         (3) certified as a sexually dangerous person pursuant
11     to the Sexually Dangerous Persons Act or any substantially
12     similar federal, Uniform Code of Military Justice, sister
13     state, or foreign country law; or
14         (4) found to be a sexually violent person pursuant to
15     the Sexually Violent Persons Commitment Act or any
16     substantially similar federal, Uniform Code of Military
17     Justice, sister state, or foreign country law; or
18         (5) convicted of a second or subsequent offense which
19     requires registration pursuant to this Act. The conviction
20     for the second or subsequent offense must have occurred
21     after July 1, 1999. For purposes of this paragraph (5),
22     "convicted" shall include a conviction under any
23     substantially similar Illinois, federal, Uniform Code of
24     Military Justice, sister state, or foreign country law.
25     (F) As used in this Article, "out-of-state student" means
26 any sex offender, as defined in this Section, or sexual
27 predator who is enrolled in Illinois, on a full-time or
28 part-time basis, in any public or private educational
29 institution, including, but not limited to, any secondary
30 school, trade or professional institution, or institution of
31 higher learning.
32     (G) As used in this Article, "out-of-state employee" means
33 any sex offender, as defined in this Section, or sexual
34 predator who works in Illinois, regardless of whether the
35 individual receives payment for services performed, for a
36 period of time of 10 or more days or for an aggregate period of

 

 

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1 time of 30 or more days during any calendar year. Persons who
2 operate motor vehicles in the State accrue one day of
3 employment time for any portion of a day spent in Illinois.
4     (H) As used in this Article, "school" means any public or
5 private educational institution, including, but not limited
6 to, any elementary or secondary school, trade or professional
7 institution, or institution of higher education.
8 (Source: P.A. 92-828, eff. 8-22-02; 93-977, eff. 8-20-04;
9 93-979, eff. 8-20-04; revised 10-14-04.)
 
10     (730 ILCS 150/3)  (from Ch. 38, par. 223)
11     Sec. 3. Duty to register.
12     (a) A sex offender, as defined in Section 2 of this Act, or
13 sexual predator shall, within the time period prescribed in
14 subsections (b) and (c), register in person and provide
15 accurate information as required by the Department of State
16 Police. Such information shall include a current photograph,
17 current address, current place of employment, the employer's
18 telephone number, and school attended, extensions of the time
19 period for registering as provided in this Article and, if an
20 extension was granted, the reason why the extension was granted
21 and the date the sex offender was notified of the extension. A
22 person who has been adjudicated a juvenile delinquent for an
23 act which, if committed by an adult, would be a sex offense
24 shall register as an adult sex offender within 10 days after
25 attaining 17 years of age. The sex offender or sexual predator
26 shall register:
27         (1) with the chief of police in the municipality in
28     which he or she resides or is temporarily domiciled for a
29     period of time of 10 or more days, unless the municipality
30     is the City of Chicago, in which case he or she shall
31     register at the Chicago Police Department Headquarters; or
32         (2) with the sheriff in the county in which he or she
33     resides or is temporarily domiciled for a period of time of
34     10 or more days in an unincorporated area or, if
35     incorporated, no police chief exists.

 

 

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1     If the sex offender or sexual predator is employed at or
2 attends an institution of higher education, he or she shall
3 register:
4         (i) with the chief of police in the municipality in
5     which he or she is employed at or attends an institution of
6     higher education, unless the municipality is the City of
7     Chicago, in which case he or she shall register at the
8     Chicago Police Department Headquarters; or
9         (ii) with the sheriff in the county in which he or she
10     is employed or attends an institution of higher education
11     located in an unincorporated area, or if incorporated, no
12     police chief exists.
13 For purposes of this Article, the place of residence or
14 temporary domicile is defined as any and all places where the
15 sex offender resides for an aggregate period of time of 10 or
16 more days during any calendar year.
17     The sex offender or sexual predator shall provide accurate
18 information as required by the Department of State Police. That
19 information shall include the sex offender's or sexual
20 predator's current place of employment.
21     (a-5) An out-of-state student or out-of-state employee
22 shall, within 10 days after beginning school or employment in
23 this State, register in person and provide accurate information
24 as required by the Department of State Police. Such information
25 will include current place of employment, school attended, and
26 address in state of residence. The out-of-state student or
27 out-of-state employee shall register:
28         (1) with the chief of police in the municipality in
29     which he or she attends school or is employed for a period
30     of time of 10 or more days or for an aggregate period of
31     time of more than 30 days during any calendar year, unless
32     the municipality is the City of Chicago, in which case he
33     or she shall register at the Chicago Police Department
34     Headquarters; or
35         (2) with the sheriff in the county in which he or she
36     attends school or is employed for a period of time of 10 or

 

 

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1     more days or for an aggregate period of time of more than
2     30 days during any calendar year in an unincorporated area
3     or, if incorporated, no police chief exists.
4     The out-of-state student or out-of-state employee shall
5 provide accurate information as required by the Department of
6 State Police. That information shall include the out-of-state
7 student's current place of school attendance or the
8 out-of-state employee's current place of employment.
9     (b) Any sex offender, as defined in Section 2 of this Act,
10 or sexual predator, regardless of any initial, prior, or other
11 registration, shall, within 10 days of beginning school, or
12 establishing a residence, place of employment, or temporary
13 domicile in any county, register in person as set forth in
14 subsection (a) or (a-5).
15     (c) The registration for any person required to register
16 under this Article shall be as follows:
17         (1) Any person registered under the Habitual Child Sex
18     Offender Registration Act or the Child Sex Offender
19     Registration Act prior to January 1, 1996, shall be deemed
20     initially registered as of January 1, 1996; however, this
21     shall not be construed to extend the duration of
22     registration set forth in Section 7.
23         (2) Except as provided in subsection (c)(4), any person
24     convicted or adjudicated prior to January 1, 1996, whose
25     liability for registration under Section 7 has not expired,
26     shall register in person prior to January 31, 1996.
27         (2.5) Except as provided in subsection (c)(4), any
28     person who has not been notified of his or her
29     responsibility to register shall be notified by a criminal
30     justice entity of his or her responsibility to register.
31     Upon notification the person must then register within 10
32     days of notification of his or her requirement to register.
33     If notification is not made within the offender's 10 year
34     registration requirement, and the Department of State
35     Police determines no evidence exists or indicates the
36     offender attempted to avoid registration, the offender

 

 

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1     will no longer be required to register under this Act.
2         (3) Except as provided in subsection (c)(4), any person
3     convicted on or after January 1, 1996, shall register in
4     person within 10 days after the entry of the sentencing
5     order based upon his or her conviction.
6         (4) Any person unable to comply with the registration
7     requirements of this Article because he or she is confined,
8     institutionalized, or imprisoned in Illinois on or after
9     January 1, 1996, shall register in person within 10 days of
10     discharge, parole or release.
11         (5) The person shall provide positive identification
12     and documentation that substantiates proof of residence at
13     the registering address.
14         (6) The person shall pay a $20 initial registration fee
15     and a $10 annual renewal fee. The fees shall be used by the
16     registering agency for official purposes. The agency shall
17     establish procedures to document receipt and use of the
18     funds. The law enforcement agency having jurisdiction may
19     waive the registration fee if it determines that the person
20     is indigent and unable to pay the registration fee. Ten
21     dollars for the initial registration fee and $5 of the
22     annual renewal fee shall be used by the registering agency
23     for official purposes. Ten dollars of the initial
24     registration fee and $5 of the annual fee shall be
25     deposited into the Sex Offender Management Board Fund under
26     Section 19 of the Sex Offender Management Board Act. Money
27     deposited into the Sex Offender Management Board Fund shall
28     be administered by the Sex Offender Management Board and
29     shall be used to fund practices endorsed or required by the
30     Sex Offender Management Board Act including but not limited
31     to sex offenders evaluation, treatment, or monitoring
32     programs that are or may be developed, as well as for
33     administrative costs, including staff, incurred by the
34     Board.
35     (d) Within 10 days after obtaining or changing employment
36 and, if employed on January 1, 2000, within 10 days after that

 

 

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1 date, a person required to register under this Section must
2 report, in person or in writing to the law enforcement agency
3 having jurisdiction, the business name and address where he or
4 she is employed. If the person has multiple businesses or work
5 locations, every business and work location must be reported to
6 the law enforcement agency having jurisdiction.
7 (Source: P.A. 92-828, eff. 8-22-02; 93-616, eff. 1-1-04;
8 93-979, eff. 8-20-04.)
 
9     (730 ILCS 150/6)  (from Ch. 38, par. 226)
10     Sec. 6. Duty to report; change of address, school, or
11 employment; duty to inform. A person who has been adjudicated
12 to be sexually dangerous or is a sexually violent person and is
13 later released, or found to be no longer sexually dangerous or
14 no longer a sexually violent person and discharged, shall
15 report in person to the law enforcement agency with whom he or
16 she last registered no later than 90 days after the date of his
17 or her last registration and every 90 days thereafter and at
18 such other times at the request of the law enforcement agency
19 not to exceed 4 times a year. Any other person who is required
20 to register under this Article shall report in person to the
21 appropriate law enforcement agency with whom he or she last
22 registered within one year from the date of last registration
23 and every year thereafter and at such other times at the
24 request of the law enforcement agency not to exceed 4 times a
25 year. If any person required to register under this Article
26 changes his or her residence address, place of employment, or
27 school, he or she shall report in person to , in writing,
28 within 10 days inform the law enforcement agency with whom he
29 or she last registered of his or her new address, change in
30 employment, or school and register, in person, with the
31 appropriate law enforcement agency within the time period
32 specified in Section 3. The law enforcement agency shall,
33 within 3 days of the reporting in person by the person required
34 to register under this Article receipt, notify the Department
35 of State Police and the law enforcement agency having

 

 

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1 jurisdiction of the new place of residence, change in
2 employment, or school.
3     If any person required to register under this Article
4 intends to establish a residence or employment outside of the
5 State of Illinois, at least 10 days before establishing that
6 residence or employment, he or she shall report in person to ,
7 in writing, inform the law enforcement agency with which he or
8 she last registered of his or her out-of-state intended
9 residence or employment. The law enforcement agency with which
10 such person last registered shall, within 3 days after the
11 reporting in person of the person required to register under
12 this Article notice of an address or employment change, notify
13 the Department of State Police. The Department of State Police
14 shall forward such information to the out-of-state law
15 enforcement agency having jurisdiction in the form and manner
16 prescribed by the Department of State Police.
17 (Source: P.A. 92-16, eff. 6-28-01; 92-828, eff. 8-22-02;
18 93-977, eff. 8-20-04.)
 
19     (730 ILCS 150/7)  (from Ch. 38, par. 227)
20     Sec. 7. Duration of registration. A person who has been
21 adjudicated to be sexually dangerous and is later released or
22 found to be no longer sexually dangerous and discharged, shall
23 register for the period of his or her natural life. A sexually
24 violent person or sexual predator shall register for the period
25 of his or her natural life after conviction or adjudication if
26 not confined to a penal institution, hospital, or other
27 institution or facility, and if confined, for the period of his
28 or her natural life after parole, discharge, or release from
29 any such facility. Any other person who is required to register
30 under this Article shall be required to register for a period
31 of 10 years after conviction or adjudication if not confined to
32 a penal institution, hospital or any other institution or
33 facility, and if confined, for a period of 10 years after
34 parole, discharge or release from any such facility. A sex
35 offender who is allowed to leave a county, State, or federal

 

 

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1 facility for the purposes of work release, education, or
2 overnight visitations shall be required to register within 10
3 days of beginning such a program. Liability for registration
4 terminates at the expiration of 10 years from the date of
5 conviction or adjudication if not confined to a penal
6 institution, hospital or any other institution or facility and
7 if confined, at the expiration of 10 years from the date of
8 parole, discharge or release from any such facility, providing
9 such person does not, during that period, again become liable
10 to register under the provisions of this Article. Reconfinement
11 due to a violation of parole or other circumstances that
12 relates to the original conviction or adjudication shall extend
13 the period of registration to 10 years after final parole,
14 discharge, or release. The Director of State Police, consistent
15 with administrative rules, shall extend for 10 years the
16 registration period of any sex offender, as defined in Section
17 2 of this Act, who fails to comply with the provisions of this
18 Article. The registration period for any sex offender who fails
19 to comply with any provision of the Act shall extend the period
20 of registration by 10 years beginning from the first date of
21 registration after the violation. If the registration period is
22 extended, the Department of State Police shall send a
23 registered letter to the law enforcement agency where the sex
24 offender resides within 3 days after the extension of the
25 registration period. The sex offender shall report to that law
26 enforcement agency and sign for that letter. One copy of that
27 letter shall be kept on file with the law enforcement agency of
28 the jurisdiction where the sex offender resides and one copy
29 shall be returned to the Department of State Police.
30 (Source: P.A. 92-828, eff. 8-22-02; 93-979, eff. 8-20-04.)
 
31     (730 ILCS 150/8)  (from Ch. 38, par. 228)
32     Sec. 8. Registration Requirements. Registration as
33 required by this Article shall consist of a statement in
34 writing signed by the person giving the information that is
35 required by the Department of State Police, which may include

 

 

HB4030 Enrolled - 15 - LRB094 09539 RLC 39790 b

1 the fingerprints and must include a current photograph of the
2 person, to be updated annually. If the sex offender is a child
3 sex offender as defined in Section 11-9.3 or 11-9.4 of the
4 Criminal Code of 1961, he or she shall sign a statement that he
5 or she understands that according to Illinois law as a child
6 sex offender he or she may not reside within 500 feet of a
7 school, park, or playground. The offender may also not reside
8 within 500 feet of a facility providing services directed
9 exclusively toward persons under 18 years of age unless the sex
10 offender meets specified exemptions. The registration
11 information must include whether the person is a sex offender
12 as defined in the Sex Offender and Child Murderer Community
13 Notification Law. Within 3 days, the registering law
14 enforcement agency shall forward any required information to
15 the Department of State Police. The registering law enforcement
16 agency shall enter the information into the Law Enforcement
17 Agencies Data System (LEADS) as provided in Sections 6 and 7 of
18 the Intergovernmental Missing Child Recovery Act of 1984.
19 (Source: P.A. 93-979, eff. 8-20-04.)