Sen. Iris Y. Martinez

Filed: 1/3/2011

 

 


 

 


 
09600HB4122sam002LRB096 11807 RLC 43884 a

1
AMENDMENT TO HOUSE BILL 4122

2    AMENDMENT NO. ______. Amend House Bill 4122 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Sex Offender Registration Act is amended by
5changing Sections 2, 3, 3-5, and 7 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
9person 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

 

 

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1            (b) is found not guilty by reason of insanity of
2        such offense or an attempt to commit such offense; or
3            (c) is found not guilty by reason of insanity
4        pursuant to Section 104-25(c) of the Code of Criminal
5        Procedure of 1963 of such offense or an attempt to
6        commit such offense; or
7            (d) is the subject of a finding not resulting in an
8        acquittal at a hearing conducted pursuant to Section
9        104-25(a) of the Code of Criminal Procedure of 1963 for
10        the alleged commission or attempted commission of such
11        offense; or
12            (e) is found not guilty by reason of insanity
13        following a hearing conducted pursuant to a federal,
14        Uniform Code of Military Justice, sister state, or
15        foreign country law substantially similar to Section
16        104-25(c) of the Code of Criminal Procedure of 1963 of
17        such offense or of the attempted commission of such
18        offense; or
19            (f) is the subject of a finding not resulting in an
20        acquittal at a hearing conducted pursuant to a federal,
21        Uniform Code of Military Justice, sister state, or
22        foreign country law substantially similar to Section
23        104-25(a) of the Code of Criminal Procedure of 1963 for
24        the alleged violation or attempted commission of such
25        offense; or
26        (2) certified as a sexually dangerous person pursuant

 

 

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1    to the Illinois Sexually Dangerous Persons Act, or any
2    substantially similar federal, Uniform Code of Military
3    Justice, sister state, or foreign country law; or
4        (3) subject to the provisions of Section 2 of the
5    Interstate Agreements on Sexually Dangerous Persons Act;
6    or
7        (4) found to be a sexually violent person pursuant to
8    the Sexually Violent Persons Commitment Act or any
9    substantially similar federal, Uniform Code of Military
10    Justice, sister state, or foreign country law; or
11        (5) adjudicated a juvenile delinquent as the result of
12    committing or attempting to commit an act which, if
13    committed by an adult, would constitute any of the offenses
14    specified in item (B), (C), or (C-5) of this Section or a
15    violation of any substantially similar federal, Uniform
16    Code of Military Justice, sister state, or foreign country
17    law, or found guilty under Article V of the Juvenile Court
18    Act of 1987 of committing or attempting to commit an act
19    which, if committed by an adult, would constitute any of
20    the offenses specified in item (B), (C), or (C-5) of this
21    Section or a violation of any substantially similar
22    federal, Uniform Code of Military Justice, sister state, or
23    foreign country law.
24    Convictions that result from or are connected with the same
25act, or result from offenses committed at the same time, shall
26be counted for the purpose of this Article as one conviction.

 

 

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1Any conviction set aside pursuant to law is not a conviction
2for purposes of this Article.
3     For purposes of this Section, "convicted" shall have the
4same meaning as "adjudicated".
5    (B) As used in this Article, "sex offense" means:
6        (1) A violation of any of the following Sections of the
7    Criminal Code of 1961:
8            11-20.1 (child pornography),
9            11-20.3 (aggravated child pornography),
10            11-6 (indecent solicitation of a child),
11            11-9.1 (sexual exploitation of a child),
12            11-9.2 (custodial sexual misconduct),
13            11-9.5 (sexual misconduct with a person with a
14        disability),
15            11-15.1 (soliciting for a juvenile prostitute),
16            11-18.1 (patronizing a juvenile prostitute),
17            11-17.1 (keeping a place of juvenile
18        prostitution),
19            11-19.1 (juvenile pimping),
20            11-19.2 (exploitation of a child),
21            11-25 (grooming),
22            11-26 (traveling to meet a minor),
23            12-13 (criminal sexual assault),
24            12-14 (aggravated criminal sexual assault),
25            12-14.1 (predatory criminal sexual assault of a
26        child),

 

 

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1            12-15 (criminal sexual abuse),
2            12-16 (aggravated criminal sexual abuse),
3            12-33 (ritualized abuse of a child).
4            An attempt to commit any of these offenses.
5        (1.5) A violation of any of the following Sections of
6    the Criminal Code of 1961, when the victim is a person
7    under 18 years of age, the defendant is not a parent of the
8    victim, and the offense was sexually motivated as defined
9    in Section 10 of the Sex Offender Management Board Act, and
10    the offense was committed on or after January 1, 1996:
11            10-1 (kidnapping),
12            10-2 (aggravated kidnapping),
13            10-3 (unlawful restraint),
14            10-3.1 (aggravated unlawful restraint).
15        (1.6) First degree murder under Section 9-1 of the
16    Criminal Code of 1961, when the victim was a person under
17    18 years of age and the defendant was at least 17 years of
18    age at the time of the commission of the offense, provided
19    the offense was sexually motivated as defined in Section 10
20    of the Sex Offender Management Board Act.
21        (1.7) (Blank).
22        (1.8) A violation or attempted violation of Section
23    11-11 (sexual relations within families) of the Criminal
24    Code of 1961, and the offense was committed on or after
25    June 1, 1997.
26        (1.9) Child abduction under paragraph (10) of

 

 

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1    subsection (b) of Section 10-5 of the Criminal Code of 1961
2    committed by luring or attempting to lure a child under the
3    age of 16 into a motor vehicle, building, house trailer, or
4    dwelling place without the consent of the parent or lawful
5    custodian of the child for other than a lawful purpose and
6    the offense was committed on or after January 1, 1998,
7    provided the offense was sexually motivated as defined in
8    Section 10 of the Sex Offender Management Board Act.
9        (1.10) A violation or attempted violation of any of the
10    following Sections of the Criminal Code of 1961 when the
11    offense was committed on or after July 1, 1999:
12            10-4 (forcible detention, if the victim is under 18
13        years of age), provided the offense was sexually
14        motivated as defined in Section 10 of the Sex Offender
15        Management Board Act,
16            11-6.5 (indecent solicitation of an adult),
17            11-15 (soliciting for a prostitute, if the victim
18        is under 18 years of age),
19            11-16 (pandering, if the victim is under 18 years
20        of age),
21            11-18 (patronizing a prostitute, if the victim is
22        under 18 years of age),
23            11-19 (pimping, if the victim is under 18 years of
24        age).
25        (1.11) A violation or attempted violation of any of the
26    following Sections of the Criminal Code of 1961 when the

 

 

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1    offense was committed on or after August 22, 2002:
2            11-9 (public indecency for a third or subsequent
3        conviction).
4        (1.12) A violation or attempted violation of Section
5    5.1 of the Wrongs to Children Act (permitting sexual abuse)
6    when the offense was committed on or after August 22, 2002.
7        (2) A violation of any former law of this State
8    substantially equivalent to any offense listed in
9    subsection (B) of this Section.
10    (C) A conviction for an offense of federal law, Uniform
11Code of Military Justice, or the law of another state or a
12foreign country that is substantially equivalent to any offense
13listed in subsections (B), (C), (E), and (E-5) of this Section
14shall constitute a conviction for the purpose of this Article.
15A finding or adjudication as a sexually dangerous person or a
16sexually violent person under any federal law, Uniform Code of
17Military Justice, or the law of another state or foreign
18country that is substantially equivalent to the Sexually
19Dangerous Persons Act or the Sexually Violent Persons
20Commitment Act shall constitute an adjudication for the
21purposes of this Article.
22    (C-5) A person at least 17 years of age at the time of the
23commission of the offense who is convicted of first degree
24murder under Section 9-1 of the Criminal Code of 1961, against
25a person under 18 years of age, shall be required to register
26for natural life. A conviction for an offense of federal,

 

 

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1Uniform Code of Military Justice, sister state, or foreign
2country law that is substantially equivalent to any offense
3listed in subsection (C-5) of this Section shall constitute a
4conviction for the purpose of this Article. This subsection
5(C-5) applies to a person who committed the offense before June
61, 1996 only if the person is incarcerated in an Illinois
7Department of Corrections facility on August 20, 2004 (the
8effective date of Public Act 93-977).
9    (D) As used in this Article, "law enforcement agency having
10jurisdiction" means the Chief of Police in each of the
11municipalities in which the sex offender expects to reside,
12work, or attend school (1) upon his or her discharge, parole or
13release or (2) during the service of his or her sentence of
14probation or conditional discharge, or the Sheriff of the
15county, in the event no Police Chief exists or if the offender
16intends to reside, work, or attend school in an unincorporated
17area. "Law enforcement agency having jurisdiction" includes
18the location where out-of-state students attend school and
19where out-of-state employees are employed or are otherwise
20required to register.
21    (D-1) As used in this Article, "supervising officer" means
22the assigned Illinois Department of Corrections parole agent or
23county probation officer.
24    (E) As used in this Article, "sexual predator" means any
25person who, after July 1, 1999, is:
26        (1) Convicted for an offense of federal, Uniform Code

 

 

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1    of Military Justice, sister state, or foreign country law
2    that is substantially equivalent to any offense listed in
3    subsection (E) or (E-5) of this Section shall constitute a
4    conviction for the purpose of this Article. Convicted of a
5    violation or attempted violation of any of the following
6    Sections of the Criminal Code of 1961, if the conviction
7    occurred after July 1, 1999:
8            11-17.1 (keeping a place of juvenile
9        prostitution),
10            11-19.1 (juvenile pimping),
11            11-19.2 (exploitation of a child),
12            11-20.1 (child pornography),
13            11-20.3 (aggravated child pornography),
14            12-13 (criminal sexual assault),
15            12-14 (aggravated criminal sexual assault),
16            12-14.1 (predatory criminal sexual assault of a
17        child),
18            12-16 (aggravated criminal sexual abuse),
19            12-33 (ritualized abuse of a child);
20        (2) (blank);
21        (3) certified as a sexually dangerous person pursuant
22    to the Sexually Dangerous Persons Act or any substantially
23    similar federal, Uniform Code of Military Justice, sister
24    state, or foreign country law;
25        (4) found to be a sexually violent person pursuant to
26    the Sexually Violent Persons Commitment Act or any

 

 

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1    substantially similar federal, Uniform Code of Military
2    Justice, sister state, or foreign country law;
3        (5) convicted of a second or subsequent offense which
4    requires registration pursuant to this Act. The conviction
5    for the second or subsequent offense must have occurred
6    after July 1, 1999. For purposes of this paragraph (5),
7    "convicted" shall include a conviction under any
8    substantially similar Illinois, federal, Uniform Code of
9    Military Justice, sister state, or foreign country law; or
10        (6) convicted of a second or subsequent offense of
11    luring a minor under Section 10-5.1 of the Criminal Code of
12    1961; or .
13        (7) required to register in another State due to a
14    conviction, adjudication or other action of any court
15    triggering an obligation to register as a sex offender,
16    sexual predator, or substantially similar status under the
17    laws of that State.
18    (E-5) As used in this Article, "sexual predator" also means
19a person convicted of a violation or attempted violation of any
20of the following Sections of the Criminal Code of 1961:
21        (1) Section 9-1 (first degree murder, when the victim
22    was a person under 18 years of age and the defendant was at
23    least 17 years of age at the time of the commission of the
24    offense, provided the offense was sexually motivated as
25    defined in Section 10 of the Sex Offender Management Board
26    Act);

 

 

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1        (2) Section 11-9.5 (sexual misconduct with a person
2    with a disability);
3        (3) when the victim is a person under 18 years of age,
4    the defendant is not a parent of the victim, the offense
5    was sexually motivated as defined in Section 10 of the Sex
6    Offender Management Board Act, and the offense was
7    committed on or after January 1, 1996: (A) Section 10-1
8    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
9    (C) Section 10-3 (unlawful restraint), and (D) Section
10    10-3.1 (aggravated unlawful restraint); and
11        (4) Section 10-5(b)(10) (child abduction committed by
12    luring or attempting to lure a child under the age of 16
13    into a motor vehicle, building, house trailer, or dwelling
14    place without the consent of the parent or lawful custodian
15    of the child for other than a lawful purpose and the
16    offense was committed on or after January 1, 1998, provided
17    the offense was sexually motivated as defined in Section 10
18    of the Sex Offender Management Board Act).
19    (F) As used in this Article, "out-of-state student" means
20any sex offender, as defined in this Section, or sexual
21predator who is enrolled in Illinois, on a full-time or
22part-time basis, in any public or private educational
23institution, including, but not limited to, any secondary
24school, trade or professional institution, or institution of
25higher learning.
26    (G) As used in this Article, "out-of-state employee" means

 

 

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1any sex offender, as defined in this Section, or sexual
2predator who works in Illinois, regardless of whether the
3individual receives payment for services performed, for a
4period of time of 10 or more days or for an aggregate period of
5time of 30 or more days during any calendar year. Persons who
6operate motor vehicles in the State accrue one day of
7employment time for any portion of a day spent in Illinois.
8    (H) As used in this Article, "school" means any public or
9private educational institution, including, but not limited
10to, any elementary or secondary school, trade or professional
11institution, or institution of higher education.
12    (I) As used in this Article, "fixed residence" means any
13and all places that a sex offender resides for an aggregate
14period of time of 5 or more days in a calendar year.
15    (J) As used in this Article, "Internet protocol address"
16means the string of numbers by which a location on the Internet
17is identified by routers or other computers connected to the
18Internet.
19(Source: P.A. 95-331, eff. 8-21-07; 95-579, eff. 6-1-08;
2095-625, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff.
218-21-08; 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11.)
 
22    (730 ILCS 150/3)
23    Sec. 3. Duty to register.
24    (a) A sex offender, as defined in Section 2 of this Act, or
25sexual predator shall, within the time period prescribed in

 

 

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1subsections (b) and (c), register in person and provide
2accurate information as required by the Department of State
3Police. Such information shall include a current photograph,
4current address, current place of employment, the sex
5offender's or sexual predator's telephone number, including
6cellular telephone number, the employer's telephone number,
7school attended, all e-mail addresses, instant messaging
8identities, chat room identities, and other Internet
9communications identities that the sex offender uses or plans
10to use, all Uniform Resource Locators (URLs) registered or used
11by the sex offender, all blogs and other Internet sites
12maintained by the sex offender or to which the sex offender has
13uploaded any content or posted any messages or information,
14extensions of the time period for registering as provided in
15this Article and, if an extension was granted, the reason why
16the extension was granted and the date the sex offender was
17notified of the extension. The information shall also include a
18copy of the terms and conditions of parole or release signed by
19the sex offender and given to the sex offender by his or her
20supervising officer, the county of conviction, license plate
21numbers for every vehicle registered in the name of the sex
22offender, the age of the sex offender at the time of the
23commission of the offense, the age of the victim at the time of
24the commission of the offense, and any distinguishing marks
25located on the body of the sex offender. A sex offender
26convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the

 

 

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1Criminal Code of 1961 shall provide all Internet protocol (IP)
2addresses in his or her residence, registered in his or her
3name, accessible at his or her place of employment, or
4otherwise under his or her control or custody. If the sex
5offender is a child sex offender as defined in Section 11-9.3
6or 11-9.4 of the Criminal Code of 1961, the sex offender shall
7report to the registering agency whether he or she is living in
8a household with a child under 18 years of age who is not his or
9her own child, provided that his or her own child is not the
10victim of the sex offense. The sex offender or sexual predator
11shall register:
12        (1) with the chief of police in the municipality in
13    which he or she resides or is temporarily domiciled for a
14    period of time of 3 or more days, unless the municipality
15    is the City of Chicago, in which case he or she shall
16    register at the Chicago Police Department Headquarters; or
17        (2) with the sheriff in the county in which he or she
18    resides or is temporarily domiciled for a period of time of
19    3 or more days in an unincorporated area or, if
20    incorporated, no police chief exists.
21    If the sex offender or sexual predator is employed at or
22attends an institution of higher education, he or she shall
23register:
24        (i) with the chief of police in the municipality in
25    which he or she is employed at or attends an institution of
26    higher education, unless the municipality is the City of

 

 

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1    Chicago, in which case he or she shall register at the
2    Chicago Police Department Headquarters; or
3        (ii) with the sheriff in the county in which he or she
4    is employed or attends an institution of higher education
5    located in an unincorporated area, or if incorporated, no
6    police chief exists.
7    For purposes of this Article, the place of residence or
8temporary domicile is defined as any and all places where the
9sex offender resides for an aggregate period of time of 3 or
10more days during any calendar year. Any person required to
11register under this Article who lacks a fixed address or
12temporary domicile must notify, in person, the agency of
13jurisdiction of his or her last known address within 3 days
14after ceasing to have a fixed residence.
15    A sex offender or sexual predator who is temporarily absent
16from his or her current address of registration for 3 or more
17days shall notify the law enforcement agency having
18jurisdiction of his or her current registration, including the
19itinerary for travel, in the manner provided in Section 6 of
20this Act for notification to the law enforcement agency having
21jurisdiction of change of address.
22    Any person who lacks a fixed residence must report weekly,
23in person, with the sheriff's office of the county in which he
24or she is located in an unincorporated area, or with the chief
25of police in the municipality in which he or she is located.
26The agency of jurisdiction will document each weekly

 

 

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1registration to include all the locations where the person has
2stayed during the past 7 days.
3    The sex offender or sexual predator shall provide accurate
4information as required by the Department of State Police. That
5information shall include the sex offender's or sexual
6predator's current place of employment.
7    (a-5) An out-of-state student or out-of-state employee
8shall, within 3 days after beginning school or employment in
9this State, register in person and provide accurate information
10as required by the Department of State Police. Such information
11will include current place of employment, school attended, and
12address in state of residence. A sex offender convicted under
13Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code
14of 1961 shall provide all Internet protocol (IP) addresses in
15his or her residence, registered in his or her name, accessible
16at his or her place of employment, or otherwise under his or
17her control or custody. The out-of-state student or
18out-of-state employee shall register:
19        (1) with the chief of police in the municipality in
20    which he or she attends school or is employed for a period
21    of time of 5 or more days or for an aggregate period of
22    time of more than 30 days during any calendar year, unless
23    the municipality is the City of Chicago, in which case he
24    or she shall register at the Chicago Police Department
25    Headquarters; or
26        (2) with the sheriff in the county in which he or she

 

 

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1    attends school or is employed for a period of time of 5 or
2    more days or for an aggregate period of time of more than
3    30 days during any calendar year in an unincorporated area
4    or, if incorporated, no police chief exists.
5    The out-of-state student or out-of-state employee shall
6provide accurate information as required by the Department of
7State Police. That information shall include the out-of-state
8student's current place of school attendance or the
9out-of-state employee's current place of employment.
10    (a-10) Any law enforcement agency registering sex
11offenders or sexual predators in accordance with subsections
12(a) or (a-5) of this Section shall forward to the Attorney
13General a copy of sex offender registration forms from persons
14convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the
15Criminal Code of 1961, including periodic and annual
16registrations under Section 6 of this Act.
17    (b) Any sex offender, as defined in Section 2 of this Act,
18or sexual predator, regardless of any initial, prior, or other
19registration, shall, within 3 days of beginning school, or
20establishing a residence, place of employment, or temporary
21domicile in any county, register in person as set forth in
22subsection (a) or (a-5).
23    (c) The registration for any person required to register
24under this Article shall be as follows:
25        (1) Any person registered under the Habitual Child Sex
26    Offender Registration Act or the Child Sex Offender

 

 

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1    Registration Act prior to January 1, 1996, shall be deemed
2    initially registered as of January 1, 1996; however, this
3    shall not be construed to extend the duration of
4    registration set forth in Section 7.
5        (2) Except as provided in subsection (c)(4), any person
6    convicted or adjudicated prior to January 1, 1996, whose
7    liability for registration under Section 7 has not expired,
8    shall register in person prior to January 31, 1996.
9        (2.1) A sex offender, as defined in Section 2 of this
10    Act, or sexual predator who was not required to register
11    under this Act before the effective date of this amendatory
12    Act of the 96th General Assembly now has a duty to
13    register. Any sex offender who on or after July 1, 2011 is
14    on parole, mandatory supervised release, probation, or
15    conditional discharge for a conviction for any felony
16    offense or for a conviction for any misdemeanor offense
17    under the Criminal Code of 1961 shall be notified of his or
18    her duty to register as a sex offender by his or her
19    supervising officer or as otherwise provided in Section 5
20    of this Act. The court or supervising officer shall require
21    the person to read and sign such form as may be required by
22    the Department of State Police stating that the duty to
23    register and the procedure for registration have been
24    explained to him or her and that he or she understands the
25    duty to register and the procedure for registration. He or
26    she shall register in person within 3 days after

 

 

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1    notification by his or her supervising officer or the court
2    as provided in Section 6 of this Act. Any person unable to
3    comply with the registration requirements of this
4    amendatory Act of the 96th General Assembly because he or
5    she is confined, institutionalized, or imprisoned in
6    Illinois on or after the effective date of this amendatory
7    Act of the 96th General Assembly shall register in person
8    within 3 days after discharge, parole, or release.
9        (2.5) Except as provided in subsection (c)(4), any
10    person who has not been notified of his or her
11    responsibility to register shall be notified by a criminal
12    justice entity of his or her responsibility to register.
13    Upon notification the person must then register within 3
14    days of notification of his or her requirement to register.
15    Except as provided in subsection (c)(2.1), if If
16    notification is not made within the offender's 10 year
17    registration requirement, and the Department of State
18    Police determines no evidence exists or indicates the
19    offender attempted to avoid registration, the offender
20    will no longer be required to register under this Act.
21        (3) Except as provided in subsection (c)(4), any person
22    convicted on or after January 1, 1996, shall register in
23    person within 3 days after the entry of the sentencing
24    order based upon his or her conviction.
25        (4) Any person unable to comply with the registration
26    requirements of this Article because he or she is confined,

 

 

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1    institutionalized, or imprisoned in Illinois on or after
2    January 1, 1996, shall register in person within 3 days of
3    discharge, parole or release.
4        (5) The person shall provide positive identification
5    and documentation that substantiates proof of residence at
6    the registering address.
7        (6) The person shall pay a $100 initial registration
8    fee and a $100 annual renewal fee. The fees shall be used
9    by the registering agency for official purposes. The agency
10    shall establish procedures to document receipt and use of
11    the funds. The law enforcement agency having jurisdiction
12    may waive the registration fee if it determines that the
13    person is indigent and unable to pay the registration fee.
14    Thirty dollars for the initial registration fee and $30 of
15    the annual renewal fee shall be used by the registering
16    agency for official purposes. Ten dollars of the initial
17    registration fee and $10 of the annual fee shall be
18    deposited into the Sex Offender Management Board Fund under
19    Section 19 of the Sex Offender Management Board Act. Money
20    deposited into the Sex Offender Management Board Fund shall
21    be administered by the Sex Offender Management Board and
22    shall be used to fund practices endorsed or required by the
23    Sex Offender Management Board Act including but not limited
24    to sex offenders evaluation, treatment, or monitoring
25    programs that are or may be developed, as well as for
26    administrative costs, including staff, incurred by the

 

 

09600HB4122sam002- 21 -LRB096 11807 RLC 43884 a

1    Board. Thirty dollars of the initial registration fee and
2    $30 of the annual renewal fee shall be deposited into the
3    Sex Offender Registration Fund and shall be used by the
4    Department of State Police to maintain and update the
5    Illinois State Police Sex Offender Registry. Thirty
6    dollars of the initial registration fee and $30 of the
7    annual renewal fee shall be deposited into the Attorney
8    General Sex Offender Awareness, Training, and Education
9    Fund. Moneys deposited into the Fund shall be used by the
10    Attorney General to administer the I-SORT program and to
11    alert and educate the public, victims, and witnesses of
12    their rights under various victim notification laws and for
13    training law enforcement agencies, State's Attorneys, and
14    medical providers of their legal duties concerning the
15    prosecution and investigation of sex offenses.
16    (d) Within 3 days after obtaining or changing employment
17and, if employed on January 1, 2000, within 5 days after that
18date, a person required to register under this Section must
19report, in person to the law enforcement agency having
20jurisdiction, the business name and address where he or she is
21employed. If the person has multiple businesses or work
22locations, every business and work location must be reported to
23the law enforcement agency having jurisdiction.
24(Source: P.A. 95-229, eff. 8-16-07; 95-579, eff. 6-1-08;
2595-640, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff.
268-21-08; 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; 96-1097,

 

 

09600HB4122sam002- 22 -LRB096 11807 RLC 43884 a

1eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. 1-1-11;
2revised 9-2-10.)
 
3    (730 ILCS 150/3-5)
4    Sec. 3-5. Application of Act to adjudicated juvenile
5delinquents.
6    (a) In all cases involving an adjudicated juvenile
7delinquent who meets the definition of sex offender as set
8forth in paragraph (5) of subsection (A) of Section 2 of this
9Act, the court shall order the minor to register as a sex
10offender.
11    (b) Once an adjudicated juvenile delinquent is ordered to
12register as a sex offender, the adjudicated juvenile delinquent
13shall be subject to the registration requirements set forth in
14Sections 3, 6, 6-5, 8, 8-5, and 10 for the term of his or her
15registration.
16    (c) For a minor adjudicated delinquent for an offense
17which, if charged as an adult, would be a felony, no less than
185 years after registration ordered pursuant to subsection (a)
19of this Section, the minor may petition for the termination of
20the term of registration. For a minor adjudicated delinquent
21for an offense which, if charged as an adult, would be a
22misdemeanor, no less than 2 years after registration ordered
23pursuant to subsection (a) of this Section, the minor may
24petition for termination of the term of registration.
25    (d) The court may upon a hearing on the petition for

 

 

09600HB4122sam002- 23 -LRB096 11807 RLC 43884 a

1termination of registration, terminate registration if the
2court finds that the registrant poses no risk to the community
3by a preponderance of the evidence based upon the factors set
4forth in subsection (e). Notwithstanding any other provisions
5of this Act to the contrary, no registrant whose registration
6has been terminated under this Section shall be required to
7register under the provisions of this Act for the offense or
8offenses which were the subject of the successful petition for
9termination of registration. This exemption shall apply only to
10those offenses which were the subject of the successful
11petition for termination of registration, and shall not apply
12to any other or subsequent offenses requiring registration
13under this Act.
14    (e) To determine whether a registrant poses a risk to the
15community as required by subsection (d), the court shall
16consider the following factors:
17        (1) a risk assessment performed by an evaluator
18    approved by the Sex Offender Management Board;
19        (2) the sex offender history of the adjudicated
20    juvenile delinquent;
21        (3) evidence of the adjudicated juvenile delinquent's
22    rehabilitation;
23        (4) the age of the adjudicated juvenile delinquent at
24    the time of the offense;
25        (5) information related to the adjudicated juvenile
26    delinquent's mental, physical, educational, and social

 

 

09600HB4122sam002- 24 -LRB096 11807 RLC 43884 a

1    history;
2        (6) victim impact statements; and
3        (7) any other factors deemed relevant by the court.
4    (f) At the hearing set forth in subsections (c) and (d), a
5registrant shall be represented by counsel and may present a
6risk assessment conducted by an evaluator who is a licensed
7psychiatrist, psychologist, or other mental health
8professional, and who has demonstrated clinical experience in
9juvenile sex offender treatment.
10    (g) After a registrant completes the term of his or her
11registration, his or her name, address, and all other
12identifying information shall be removed from all State and
13local registries.
14    (h) This Section applies retroactively to cases in which
15adjudicated juvenile delinquents who registered or were
16required to register before the effective date of this
17amendatory Act of the 95th General Assembly. On or after the
18effective date of this amendatory Act of the 95th General
19Assembly, a person adjudicated delinquent before the effective
20date of this amendatory Act of the 95th General Assembly may
21request a hearing regarding status of registration by filing a
22Petition Requesting Registration Status with the clerk of the
23court. Upon receipt of the Petition Requesting Registration
24Status, the clerk of the court shall provide notice to the
25parties and set the Petition for hearing pursuant to
26subsections (c) through (e) of this Section.

 

 

09600HB4122sam002- 25 -LRB096 11807 RLC 43884 a

1    (i) This Section does not apply to minors prosecuted under
2the criminal laws as adults.
3(Source: P.A. 95-658, eff. 10-11-07.)
 
4    (730 ILCS 150/7)  (from Ch. 38, par. 227)
5    Sec. 7. Duration of registration. A person who has been
6adjudicated to be sexually dangerous and is later released or
7found to be no longer sexually dangerous and discharged, shall
8register for the period of his or her natural life. A sexually
9violent person or sexual predator shall register for the period
10of his or her natural life after conviction or adjudication or
11after the effective date of this amendatory Act of the 96th
12General Assembly if the sexually violent person or sexual
13predator was not required to register before the effective date
14of this amendatory Act of the 96th General Assembly if not
15confined to a penal institution, hospital, or other institution
16or facility, and if confined, for the period of his or her
17natural life after parole, discharge, or release from any such
18facility. A person who has not been adjudicated to be sexually
19dangerous or who is not a sexually violent person or sexual
20predator and who is required to register under this Article as
21a result of this amendatory Act of the 96th General Assembly
22shall register for a period of 10 years after conviction or
23adjudication if not confined to a penal institution, hospital,
24or other institution or facility, and if confined, for a period
25of 10 years after parole, discharge, or release from any such

 

 

09600HB4122sam002- 26 -LRB096 11807 RLC 43884 a

1facility. However, this provision shall only revive the period
2of registration of any person who was previously registered as
3a sex offender and who successfully completed his or her period
4of registration prior to the effective date of this amendatory
5Act of the 96th General Assembly if he or she is convicted of
6any felony offense, or convicted of any misdemeanor offense
7under the Criminal Code of 1961, after July 1, 2011. A person
8who becomes subject to registration under this Article who has
9previously been subject to registration under this Article or
10under the Child Murderer and Violent Offender Against Youth
11Registration Act or similar registration requirements of other
12jurisdictions shall register for the period of his or her
13natural life if not confined to a penal institution, hospital,
14or other institution or facility, and if confined, for the
15period of his or her natural life after parole, discharge, or
16release from any such facility. Any other person who is
17required to register under this Article shall be required to
18register for a period of 10 years after conviction or
19adjudication if not confined to a penal institution, hospital
20or any other institution or facility, and if confined, for a
21period of 10 years after parole, discharge or release from any
22such facility. A sex offender who is allowed to leave a county,
23State, or federal facility for the purposes of work release,
24education, or overnight visitations shall be required to
25register within 3 days of beginning such a program. Liability
26for registration terminates at the expiration of 10 years from

 

 

09600HB4122sam002- 27 -LRB096 11807 RLC 43884 a

1the date of conviction or adjudication if not confined to a
2penal institution, hospital or any other institution or
3facility and if confined, at the expiration of 10 years from
4the date of parole, discharge or release from any such
5facility, providing such person does not, during that period,
6again become liable to register under the provisions of this
7Article. Reconfinement due to a violation of parole, a
8conviction reviving registration, or other circumstances that
9relates to the original conviction or adjudication shall extend
10the period of registration to 10 years after final parole,
11discharge, or release. Reconfinement due to a violation of
12parole or other circumstances that do not relate to the
13original conviction or adjudication shall toll the running of
14the balance of the 10-year period of registration, which shall
15not commence running until after final parole, discharge, or
16release. The Director of State Police, consistent with
17administrative rules, shall extend for 10 years the
18registration period of any sex offender, as defined in Section
192 of this Act, who fails to comply with the provisions of this
20Article. The registration period for any sex offender who fails
21to comply with any provision of the Act shall extend the period
22of registration by 10 years beginning from the first date of
23registration after the violation. If the registration period is
24extended, the Department of State Police shall send a
25registered letter to the law enforcement agency where the sex
26offender resides within 3 days after the extension of the

 

 

09600HB4122sam002- 28 -LRB096 11807 RLC 43884 a

1registration period. The sex offender shall report to that law
2enforcement agency and sign for that letter. One copy of that
3letter shall be kept on file with the law enforcement agency of
4the jurisdiction where the sex offender resides and one copy
5shall be returned to the Department of State Police.
6(Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-169,
7eff. 8-14-07; 95-331, eff. 8-21-07; 95-513, eff. 6-1-08;
895-640, eff. 6-1-08; 95-876, eff. 8-21-08.)
 
9    Section 99. Effective date. This Act takes effect July 1,
102011.".