HB3506 EngrossedLRB097 08317 RLC 48444 b

1    AN ACT concerning sex offenders.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Sex Offender Registration Act is amended by
5changing Sections 3 and 6 as follows:
 
6    (730 ILCS 150/3)
7    Sec. 3. Duty to register.
8    (a) A sex offender, as defined in Section 2 of this Act, or
9sexual predator shall, within the time period prescribed in
10subsections (b) and (c), register in person and provide
11accurate information as required by the Department of State
12Police. Such information shall include a current photograph,
13current address, current place of employment, the sex
14offender's or sexual predator's telephone number, including
15cellular telephone number, the employer's telephone number,
16school attended, all e-mail addresses, instant messaging
17identities, chat room identities, and other Internet
18communications identities that the sex offender uses or plans
19to use while accessing the Internet or uses for other purposes
20of social networking or other similar Internet communication,
21all Uniform Resource Locators (URLs) registered or used by the
22sex offender, all blogs and other Internet sites maintained by
23the sex offender or to which the sex offender has uploaded any

 

 

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1content or posted any messages or information, extensions of
2the time period for registering as provided in this Article
3and, if an extension was granted, the reason why the extension
4was granted and the date the sex offender was notified of the
5extension. The information shall also include a copy of the
6terms and conditions of parole or release signed by the sex
7offender and given to the sex offender by his or her
8supervising officer, the county of conviction, license plate
9numbers for every vehicle registered in the name of the sex
10offender, the age of the sex offender at the time of the
11commission of the offense, the age of the victim at the time of
12the commission of the offense, and any distinguishing marks
13located on the body of the sex offender. A sex offender
14convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the
15Criminal Code of 1961 shall provide all Internet protocol (IP)
16addresses in his or her residence, registered in his or her
17name, accessible at his or her place of employment, or
18otherwise under his or her control or custody. If the sex
19offender is a child sex offender as defined in Section 11-9.3
20or 11-9.4 of the Criminal Code of 1961, the sex offender shall
21report to the registering agency whether he or she is living in
22a household with a child under 18 years of age who is not his or
23her own child, provided that his or her own child is not the
24victim of the sex offense. The sex offender or sexual predator
25shall register:
26        (1) with the chief of police in the municipality in

 

 

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1    which he or she resides or is temporarily domiciled for a
2    period of time of 3 or more days, unless the municipality
3    is the City of Chicago, in which case he or she shall
4    register at the Chicago Police Department Headquarters; or
5        (2) with the sheriff in the county in which he or she
6    resides or is temporarily domiciled for a period of time of
7    3 or more days in an unincorporated area or, if
8    incorporated, no police chief exists.
9    If the sex offender or sexual predator is employed at or
10attends an institution of higher education, he or she shall
11register:
12        (i) with the chief of police in the municipality in
13    which he or she is employed at or attends an institution of
14    higher education, unless the municipality is the City of
15    Chicago, in which case he or she shall register at the
16    Chicago Police Department Headquarters; or
17        (ii) with the sheriff in the county in which he or she
18    is employed or attends an institution of higher education
19    located in an unincorporated area, or if incorporated, no
20    police chief exists.
21    For purposes of this Article, the place of residence or
22temporary domicile is defined as any and all places where the
23sex offender resides for an aggregate period of time of 3 or
24more days during any calendar year. Any person required to
25register under this Article who lacks a fixed address or
26temporary domicile must notify, in person, the agency of

 

 

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1jurisdiction of his or her last known address within 3 days
2after ceasing to have a fixed residence.
3    A sex offender or sexual predator who is temporarily absent
4from his or her current address of registration for 3 or more
5days shall notify the law enforcement agency having
6jurisdiction of his or her current registration, including the
7itinerary for travel, in the manner provided in Section 6 of
8this Act for notification to the law enforcement agency having
9jurisdiction of change of address.
10    Any person who lacks a fixed residence must report weekly,
11in person, with the sheriff's office of the county in which he
12or she is located in an unincorporated area, or with the chief
13of police in the municipality in which he or she is located.
14The agency of jurisdiction will document each weekly
15registration to include all the locations where the person has
16stayed during the past 7 days.
17    The sex offender or sexual predator shall provide accurate
18information as required by the Department of State Police. That
19information shall include the sex offender's or sexual
20predator's current place of employment.
21    (a-5) An out-of-state student or out-of-state employee
22shall, within 3 days after beginning school or employment in
23this State, register in person and provide accurate information
24as required by the Department of State Police. Such information
25will include current place of employment, school attended, and
26address in state of residence. A sex offender convicted under

 

 

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1Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code
2of 1961 shall provide all Internet protocol (IP) addresses in
3his or her residence, registered in his or her name, accessible
4at his or her place of employment, or otherwise under his or
5her control or custody. The out-of-state student or
6out-of-state employee shall register:
7        (1) with the chief of police in the municipality in
8    which he or she attends school or is employed for a period
9    of time of 5 or more days or for an aggregate period of
10    time of more than 30 days during any calendar year, unless
11    the municipality is the City of Chicago, in which case he
12    or she shall register at the Chicago Police Department
13    Headquarters; or
14        (2) with the sheriff in the county in which he or she
15    attends school or is employed for a period of time of 5 or
16    more days or for an aggregate period of time of more than
17    30 days during any calendar year in an unincorporated area
18    or, if incorporated, no police chief exists.
19    The out-of-state student or out-of-state employee shall
20provide accurate information as required by the Department of
21State Police. That information shall include the out-of-state
22student's current place of school attendance or the
23out-of-state employee's current place of employment.
24    (a-10) Any law enforcement agency registering sex
25offenders or sexual predators in accordance with subsections
26(a) or (a-5) of this Section shall forward to the Attorney

 

 

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1General a copy of sex offender registration forms from persons
2convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the
3Criminal Code of 1961, including periodic and annual
4registrations under Section 6 of this Act.
5    (b) Any sex offender, as defined in Section 2 of this Act,
6or sexual predator, regardless of any initial, prior, or other
7registration, shall, within 3 days of beginning school, or
8establishing a residence, place of employment, or temporary
9domicile in any county, register in person as set forth in
10subsection (a) or (a-5).
11    (c) The registration for any person required to register
12under this Article shall be as follows:
13        (1) Any person registered under the Habitual Child Sex
14    Offender Registration Act or the Child Sex Offender
15    Registration Act prior to January 1, 1996, shall be deemed
16    initially registered as of January 1, 1996; however, this
17    shall not be construed to extend the duration of
18    registration set forth in Section 7.
19        (2) Except as provided in subsection (c)(4), any person
20    convicted or adjudicated prior to January 1, 1996, whose
21    liability for registration under Section 7 has not expired,
22    shall register in person prior to January 31, 1996.
23        (2.5) Except as provided in subsection (c)(4), any
24    person who has not been notified of his or her
25    responsibility to register shall be notified by a criminal
26    justice entity of his or her responsibility to register.

 

 

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1    Upon notification the person must then register within 3
2    days of notification of his or her requirement to register.
3    If notification is not made within the offender's 10 year
4    registration requirement, and the Department of State
5    Police determines no evidence exists or indicates the
6    offender attempted to avoid registration, the offender
7    will no longer be required to register under this Act.
8        (3) Except as provided in subsection (c)(4), any person
9    convicted on or after January 1, 1996, shall register in
10    person within 3 days after the entry of the sentencing
11    order based upon his or her conviction.
12        (4) Any person unable to comply with the registration
13    requirements of this Article because he or she is confined,
14    institutionalized, or imprisoned in Illinois on or after
15    January 1, 1996, shall register in person within 3 days of
16    discharge, parole or release.
17        (5) The person shall provide positive identification
18    and documentation that substantiates proof of residence at
19    the registering address.
20        (6) The person shall pay a $100 initial registration
21    fee and a $100 annual renewal fee. The fees shall be used
22    by the registering agency for official purposes. The agency
23    shall establish procedures to document receipt and use of
24    the funds. The law enforcement agency having jurisdiction
25    may waive the registration fee if it determines that the
26    person is indigent and unable to pay the registration fee.

 

 

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1    Thirty dollars for the initial registration fee and $30 of
2    the annual renewal fee shall be used by the registering
3    agency for official purposes. Ten dollars of the initial
4    registration fee and $10 of the annual fee shall be
5    deposited into the Sex Offender Management Board Fund under
6    Section 19 of the Sex Offender Management Board Act. Money
7    deposited into the Sex Offender Management Board Fund shall
8    be administered by the Sex Offender Management Board and
9    shall be used to fund practices endorsed or required by the
10    Sex Offender Management Board Act including but not limited
11    to sex offenders evaluation, treatment, or monitoring
12    programs that are or may be developed, as well as for
13    administrative costs, including staff, incurred by the
14    Board. Thirty dollars of the initial registration fee and
15    $30 of the annual renewal fee shall be deposited into the
16    Sex Offender Registration Fund and shall be used by the
17    Department of State Police to maintain and update the
18    Illinois State Police Sex Offender Registry. Thirty
19    dollars of the initial registration fee and $30 of the
20    annual renewal fee shall be deposited into the Attorney
21    General Sex Offender Awareness, Training, and Education
22    Fund. Moneys deposited into the Fund shall be used by the
23    Attorney General to administer the I-SORT program and to
24    alert and educate the public, victims, and witnesses of
25    their rights under various victim notification laws and for
26    training law enforcement agencies, State's Attorneys, and

 

 

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1    medical providers of their legal duties concerning the
2    prosecution and investigation of sex offenses.
3    (d) Within 3 days after obtaining or changing employment
4and, if employed on January 1, 2000, within 5 days after that
5date, a person required to register under this Section must
6report, in person to the law enforcement agency having
7jurisdiction, the business name and address where he or she is
8employed. If the person has multiple businesses or work
9locations, every business and work location must be reported to
10the law enforcement agency having jurisdiction.
11(Source: P.A. 95-229, eff. 8-16-07; 95-579, eff. 6-1-08;
1295-640, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff.
138-21-08; 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; 96-1097,
14eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. 1-1-11;
15revised 9-2-10.)
 
16    (730 ILCS 150/6)
17    Sec. 6. Duty to report; change of address, school, or
18employment; duty to inform. A person who has been adjudicated
19to be sexually dangerous or is a sexually violent person and is
20later released, or found to be no longer sexually dangerous or
21no longer a sexually violent person and discharged, or
22convicted of a violation of this Act after July 1, 2005, shall
23report in person to the law enforcement agency with whom he or
24she last registered no later than 90 days after the date of his
25or her last registration and every 90 days thereafter and at

 

 

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1such other times at the request of the law enforcement agency
2not to exceed 4 times a year. Such sexually dangerous or
3sexually violent person must report all new or changed e-mail
4addresses, all new or changed instant messaging identities, all
5new or changed chat room identities, and all other new or
6changed Internet communications identities that the sexually
7dangerous or sexually violent person uses or plans to use, all
8new or changed Uniform Resource Locators (URLs) registered or
9used by the sexually dangerous or sexually violent person, and
10all new or changed blogs and other Internet sites maintained by
11the sexually dangerous or sexually violent person or to which
12the sexually dangerous or sexually violent person has uploaded
13any content or posted any messages or information. Any person
14who lacks a fixed residence must report weekly, in person, to
15the appropriate law enforcement agency where the sex offender
16is located. Any other person who is required to register under
17this Article shall report in person to the appropriate law
18enforcement agency with whom he or she last registered within
19one year from the date of last registration and every year
20thereafter and at such other times at the request of the law
21enforcement agency not to exceed 4 times a year. If any person
22required to register under this Article lacks a fixed residence
23or temporary domicile, he or she must notify, in person, the
24agency of jurisdiction of his or her last known address within
253 days after ceasing to have a fixed residence and if the
26offender leaves the last jurisdiction of residence, he or she,

 

 

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1must within 3 days after leaving register in person with the
2new agency of jurisdiction. If any other person required to
3register under this Article changes his or her residence
4address, place of employment, telephone number, cellular
5telephone number, or school, he or she shall report in person,
6to the law enforcement agency with whom he or she last
7registered, his or her new address, change in employment,
8telephone number, cellular telephone number, or school, all new
9or changed e-mail addresses, all new or changed instant
10messaging identities, all new or changed chat room identities,
11and all other new or changed Internet communications identities
12that the sex offender uses or plans to use while accessing the
13Internet or uses for other purposes of social networking or
14other similar Internet communication, all new or changed
15Uniform Resource Locators (URLs) registered or used by the sex
16offender, and all new or changed blogs and other Internet sites
17maintained by the sex offender or to which the sex offender has
18uploaded any content or posted any messages or information, and
19register, in person, with the appropriate law enforcement
20agency within the time period specified in Section 3. If the
21sex offender is a child sex offender as defined in Section
2211-9.3 or 11-9.4 of the Criminal Code of 1961, the sex offender
23shall within 3 days after beginning to reside in a household
24with a child under 18 years of age who is not his or her own
25child, provided that his or her own child is not the victim of
26the sex offense, report that information to the registering law

 

 

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1enforcement agency. The law enforcement agency shall, within 3
2days of the reporting in person by the person required to
3register under this Article, notify the Department of State
4Police of the new place of residence, change in employment,
5telephone number, cellular telephone number, or school.
6    If any person required to register under this Article
7intends to establish a residence or employment outside of the
8State of Illinois, at least 10 days before establishing that
9residence or employment, he or she shall report in person to
10the law enforcement agency with which he or she last registered
11of his or her out-of-state intended residence or employment.
12The law enforcement agency with which such person last
13registered shall, within 3 days after the reporting in person
14of the person required to register under this Article of an
15address or employment change, notify the Department of State
16Police. The Department of State Police shall forward such
17information to the out-of-state law enforcement agency having
18jurisdiction in the form and manner prescribed by the
19Department of State Police.
20(Source: P.A. 95-229, eff. 8-16-07; 95-331, eff. 8-21-07;
2195-640, eff. 6-1-08; 95-876, eff. 8-21-08; 96-1094, eff.
221-1-11; 96-1104, eff. 1-1-11; revised 9-2-10.)
 
23    Section 10. The Sex Offender Community Notification Law is
24amended by adding Section 123 as follows:
 

 

 

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1    (730 ILCS 152/123 new)
2    Sec. 123. Disclosure of information to social network
3website provider. The Department of State Police shall, upon
4the request of any social network website provider, release to
5such provider the following information concerning a
6registered sex offender: all e-mail addresses, instant
7messaging identities, chat room identities, and other Internet
8communications identities that the sex offender uses or plans
9to use that would enable the social network website provider to
10prescreen or remove the sex offender from its services or, in
11conformity with State and federal law, advise law enforcement
12or other governmental entities of potential violations of law
13or threats to public safety. Before releasing information to a
14social network website provider, the Department shall require a
15social network website provider that requests information to
16submit to the Department the name, address, and telephone
17number of such provider and the specific legal nature and
18corporate status of such provider. Except for the purposes
19specified in this Section, a social network website provider
20may not publish or in any way disclose or redisclose any
21information provided to it by the Department pursuant to this
22Section. The Department shall update any information released
23pursuant to this Section on a monthly basis to ensure that the
24information of every individual that has been removed from the
25sex offender registry in this State is no longer released
26pursuant to this Section. The Department may charge the social

 

 

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1network website provider a fee for access to information
2pursuant to this Section. The Department shall promulgate any
3rules necessary to implement the provisions of this Section. As
4used in this Section, "social network website provider" means
5any business, organization or other entity providing or
6offering a service over the Internet which permits persons
7under 18 years of age to access, meet, congregate, or
8communicate with other users for the purpose of social
9networking. This definition does not include general e-mail
10services.