97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5921

 

Introduced 2/16/2012, by Rep. William Cunningham

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 150/3
730 ILCS 150/10  from Ch. 38, par. 230

    Amends the Sex Offender Registration Act. Provides that a sex offender who is required to register under the Act must include in his or her registration all public or private Wi-Fi networks, Internet-based data storage services, and mobile devices capable of storing data used by him or her. Provides that a person who is required to register under the Act who uses for an unlawful purpose a public or private Wi-Fi network, Internet-based data storage service, or mobile device capable of storing data is guilty of a Class 3 felony.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 10 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, all public or private Wi-Fi networks, Internet-based
20data storage services, and mobile devices capable of storing
21data used by the sex offender, all Uniform Resource Locators
22(URLs) registered or used by the sex offender, all blogs and
23other Internet sites maintained by the sex offender or to which

 

 

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1the sex offender has uploaded any content or posted any
2messages or information, extensions of the time period for
3registering as provided in this Article and, if an extension
4was granted, the reason why the extension was granted and the
5date the sex offender was notified of the extension. The
6information shall also include a copy of the terms and
7conditions of parole or release signed by the sex offender and
8given to the sex offender by his or her supervising officer,
9the county of conviction, license plate numbers for every
10vehicle registered in the name of the sex offender, the age of
11the sex offender at the time of the commission of the offense,
12the age of the victim at the time of the commission of the
13offense, and any distinguishing marks located on the body of
14the sex offender. A sex offender convicted under Section 11-6,
1511-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of
161961 shall provide all Internet protocol (IP) addresses in his
17or her residence, registered in his or her name, accessible at
18his or her place of employment, or otherwise under his or her
19control or custody. If the sex offender is a child sex offender
20as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
211961, the sex offender shall report to the registering agency
22whether he or she is living in a household with a child under
2318 years of age who is not his or her own child, provided that
24his or her own child is not the victim of the sex offense. The
25sex offender or sexual predator shall 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
11also register:
12        (i) with:
13            (A) the chief of police in the municipality in
14        which he or she is employed at or attends an
15        institution of higher education, unless the
16        municipality is the City of Chicago, in which case he
17        or she shall register at the Chicago Police Department
18        Headquarters; or
19            (B) the sheriff in the county in which he or she is
20        employed or attends an institution of higher education
21        located in an unincorporated area, or if incorporated,
22        no police chief exists; and
23        (ii) with the public safety or security director of the
24    institution of higher education which he or she is employed
25    at or attends.
26    The registration fees shall only apply to the municipality

 

 

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1or county of primary registration, and not to campus
2registration.
3    For purposes of this Article, the place of residence or
4temporary domicile is defined as any and all places where the
5sex offender resides for an aggregate period of time of 3 or
6more days during any calendar year. Any person required to
7register under this Article who lacks a fixed address or
8temporary domicile must notify, in person, the agency of
9jurisdiction of his or her last known address within 3 days
10after ceasing to have a fixed residence.
11    A sex offender or sexual predator who is temporarily absent
12from his or her current address of registration for 3 or more
13days shall notify the law enforcement agency having
14jurisdiction of his or her current registration, including the
15itinerary for travel, in the manner provided in Section 6 of
16this Act for notification to the law enforcement agency having
17jurisdiction of change of address.
18    Any person who lacks a fixed residence must report weekly,
19in person, with the sheriff's office of the county in which he
20or she is located in an unincorporated area, or with the chief
21of police in the municipality in which he or she is located.
22The agency of jurisdiction will document each weekly
23registration to include all the locations where the person has
24stayed during the past 7 days.
25    The sex offender or sexual predator shall provide accurate
26information as required by the Department of State Police. That

 

 

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

 

 

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1        unincorporated area or, if incorporated, no police
2        chief exists; and
3        (2) with the public safety or security director of the
4    institution of higher education he or she is employed at or
5    attends for a period of time of 5 or more days or for an
6    aggregate period of time of more than 30 days during a
7    calendar year.
8    The registration fees shall only apply to the municipality
9or county of primary registration, and not to campus
10registration.
11    The out-of-state student or out-of-state employee shall
12provide accurate information as required by the Department of
13State Police. That information shall include the out-of-state
14student's current place of school attendance or the
15out-of-state employee's current place of employment.
16    (a-10) Any law enforcement agency registering sex
17offenders or sexual predators in accordance with subsections
18(a) or (a-5) of this Section shall forward to the Attorney
19General a copy of sex offender registration forms from persons
20convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
2111-21 of the Criminal Code of 1961, including periodic and
22annual registrations under Section 6 of this Act.
23    (b) Any sex offender, as defined in Section 2 of this Act,
24or sexual predator, regardless of any initial, prior, or other
25registration, shall, within 3 days of beginning school, or
26establishing a residence, place of employment, or temporary

 

 

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1domicile in any county, register in person as set forth in
2subsection (a) or (a-5).
3    (c) The registration for any person required to register
4under this Article shall be as follows:
5        (1) Any person registered under the Habitual Child Sex
6    Offender Registration Act or the Child Sex Offender
7    Registration Act prior to January 1, 1996, shall be deemed
8    initially registered as of January 1, 1996; however, this
9    shall not be construed to extend the duration of
10    registration set forth in Section 7.
11        (2) Except as provided in subsection (c)(2.1) or
12    (c)(4), any person convicted or adjudicated prior to
13    January 1, 1996, whose liability for registration under
14    Section 7 has not expired, shall register in person prior
15    to January 31, 1996.
16        (2.1) A sex offender or sexual predator, who has never
17    previously been required to register under this Act, has a
18    duty to register if the person has been convicted of any
19    felony offense after July 1, 2011. A person who previously
20    was required to register under this Act for a period of 10
21    years and successfully completed that registration period
22    has a duty to register if: (i) the person has been
23    convicted of any felony offense after July 1, 2011, and
24    (ii) the offense for which the 10 year registration was
25    served currently requires a registration period of more
26    than 10 years. Notification of an offender's duty to

 

 

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

 

 

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1        (6) The person shall pay a $100 initial registration
2    fee and a $100 annual renewal fee. The fees shall be used
3    by the registering agency for official purposes. The agency
4    shall establish procedures to document receipt and use of
5    the funds. The law enforcement agency having jurisdiction
6    may waive the registration fee if it determines that the
7    person is indigent and unable to pay the registration fee.
8    Thirty dollars for the initial registration fee and $30 of
9    the annual renewal fee shall be used by the registering
10    agency for official purposes. Ten dollars of the initial
11    registration fee and $10 of the annual fee shall be
12    deposited into the Sex Offender Management Board Fund under
13    Section 19 of the Sex Offender Management Board Act. Money
14    deposited into the Sex Offender Management Board Fund shall
15    be administered by the Sex Offender Management Board and
16    shall be used to fund practices endorsed or required by the
17    Sex Offender Management Board Act including but not limited
18    to sex offenders evaluation, treatment, or monitoring
19    programs that are or may be developed, as well as for
20    administrative costs, including staff, incurred by the
21    Board. Thirty dollars of the initial registration fee and
22    $30 of the annual renewal fee shall be deposited into the
23    Sex Offender Registration Fund and shall be used by the
24    Department of State Police to maintain and update the
25    Illinois State Police Sex Offender Registry. Thirty
26    dollars of the initial registration fee and $30 of the

 

 

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1    annual renewal fee shall be deposited into the Attorney
2    General Sex Offender Awareness, Training, and Education
3    Fund. Moneys deposited into the Fund shall be used by the
4    Attorney General to administer the I-SORT program and to
5    alert and educate the public, victims, and witnesses of
6    their rights under various victim notification laws and for
7    training law enforcement agencies, State's Attorneys, and
8    medical providers of their legal duties concerning the
9    prosecution and investigation of sex offenses.
10    (d) Within 3 days after obtaining or changing employment
11and, if employed on January 1, 2000, within 5 days after that
12date, a person required to register under this Section must
13report, in person to the law enforcement agency having
14jurisdiction, the business name and address where he or she is
15employed. If the person has multiple businesses or work
16locations, every business and work location must be reported to
17the law enforcement agency having jurisdiction.
18(Source: P.A. 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11;
1996-1097, eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff.
201-1-11; 96-1551, eff. 7-1-11; 97-155, eff 1-1-12; 97-333, eff.
218-12-11; 97-578, eff. 1-1-12; revised 9-15-11.)
 
22    (730 ILCS 150/10)  (from Ch. 38, par. 230)
23    Sec. 10. Penalty.
24    (a) Any person who is required to register under this
25Article who violates any of the provisions of this Article, and

 

 

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1any person who is required to register under this Article who
2seeks to change his or her name under Article 21 of the Code of
3Civil Procedure, and a person who is required to register under
4this Article who uses for an unlawful purpose a public or
5private Wi-Fi network, Internet-based data storage service, or
6mobile device capable of storing data is guilty of a Class 3
7felony. Any person who is convicted for a violation of this Act
8for a second or subsequent time is guilty of a Class 2 felony.
9Any person who is required to register under this Article who
10knowingly or wilfully gives material information required by
11this Article that is false is guilty of a Class 3 felony. Any
12person convicted of a violation of any provision of this
13Article shall, in addition to any other penalty required by
14law, be required to serve a minimum period of 7 days
15confinement in the local county jail. The court shall impose a
16mandatory minimum fine of $500 for failure to comply with any
17provision of this Article. These fines shall be deposited in
18the Sex Offender Registration Fund. Any sex offender, as
19defined in Section 2 of this Act, or sexual predator who
20violates any provision of this Article may be arrested and
21tried in any Illinois county where the sex offender can be
22located. The local police department or sheriff's office is not
23required to determine whether the person is living within its
24jurisdiction.
25    (b) Any person, not covered by privilege under Part 8 of
26Article VIII of the Code of Civil Procedure or the Illinois

 

 

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1Supreme Court's Rules of Professional Conduct, who has reason
2to believe that a sexual predator is not complying, or has not
3complied, with the requirements of this Article and who, with
4the intent to assist the sexual predator in eluding a law
5enforcement agency that is seeking to find the sexual predator
6to question the sexual predator about, or to arrest the sexual
7predator for, his or her noncompliance with the requirements of
8this Article is guilty of a Class 3 felony if he or she:
9        (1) provides false information to the law enforcement
10    agency having jurisdiction about the sexual predator's
11    noncompliance with the requirements of this Article, and,
12    if known, the whereabouts of the sexual predator;
13        (2) harbors, or attempts to harbor, or assists another
14    person in harboring or attempting to harbor, the sexual
15    predator; or
16        (3) conceals or attempts to conceal, or assists another
17    person in concealing or attempting to conceal, the sexual
18    predator.
19    (c) Subsection (b) does not apply if the sexual predator is
20incarcerated in or is in the custody of a State correctional
21facility, a private correctional facility, a county or
22municipal jail, a State mental health facility or a State
23treatment and detention facility, or a federal correctional
24facility.
25    (d) Subsections (a) and (b) do not apply if the sex
26offender accurately registered his or her Internet protocol

 

 

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1address under this Act, and the address subsequently changed
2without his or her knowledge or intent.
3(Source: P.A. 94-168, eff. 1-1-06; 94-988, eff. 1-1-07; 95-579,
4eff. 6-1-08.)