Illinois General Assembly - Full Text of HB3913
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Full Text of HB3913  102nd General Assembly

HB3913 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3913

 

Introduced 2/22/2021, by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/11-9.3
730 ILCS 150/3
730 ILCS 150/6
730 ILCS 150/8  from Ch. 38, par. 228
730 ILCS 154/10

    Amends the Unified Code of Corrections. Provides that it is unlawful for a child sex offender with the duty to register to knowingly reside within 250 feet (rather than 500 feet) of a school building, playground, the real property comprising any school that persons under the age of 18 attend, or other specified child care facilities. Provides further requirements concerning a child sex offender's address of registration. Amends the Sex Offender Registration Act. Removes the reporting requirement for persons who lack a fixed residence. Provides that if a person lacks a fixed residence, he or she shall not have to provide documentation of registering address. Makes conforming changes.


LRB102 11447 KMF 16780 b

 

 

A BILL FOR

 

HB3913LRB102 11447 KMF 16780 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Section 11-9.3 as follows:
 
6    (720 ILCS 5/11-9.3)
7    Sec. 11-9.3. Presence within school zone by child sex
8offenders prohibited; approaching, contacting, residing with,
9or communicating with a child within certain places by child
10sex offenders prohibited.
11    (a) It is unlawful for a child sex offender to knowingly be
12present in any school building, on real property comprising
13any school, or in any conveyance owned, leased, or contracted
14by a school to transport students to or from school or a school
15related activity when persons under the age of 18 are present
16in the building, on the grounds or in the conveyance, unless
17the offender is a parent or guardian of a student attending the
18school and the parent or guardian is: (i) attending a
19conference at the school with school personnel to discuss the
20progress of his or her child academically or socially, (ii)
21participating in child review conferences in which evaluation
22and placement decisions may be made with respect to his or her
23child regarding special education services, or (iii) attending

 

 

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1conferences to discuss other student issues concerning his or
2her child such as retention and promotion and notifies the
3principal of the school of his or her presence at the school or
4unless the offender has permission to be present from the
5superintendent or the school board or in the case of a private
6school from the principal. In the case of a public school, if
7permission is granted, the superintendent or school board
8president must inform the principal of the school where the
9sex offender will be present. Notification includes the nature
10of the sex offender's visit and the hours in which the sex
11offender will be present in the school. The sex offender is
12responsible for notifying the principal's office when he or
13she arrives on school property and when he or she departs from
14school property. If the sex offender is to be present in the
15vicinity of children, the sex offender has the duty to remain
16under the direct supervision of a school official.
17    (a-5) It is unlawful for a child sex offender to knowingly
18be present within 100 feet of a site posted as a pick-up or
19discharge stop for a conveyance owned, leased, or contracted
20by a school to transport students to or from school or a school
21related activity when one or more persons under the age of 18
22are present at the site.
23    (a-10) It is unlawful for a child sex offender to
24knowingly be present in any public park building, a playground
25or recreation area within any publicly accessible privately
26owned building, or on real property comprising any public park

 

 

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1when persons under the age of 18 are present in the building or
2on the grounds and to approach, contact, or communicate with a
3child under 18 years of age, unless the offender is a parent or
4guardian of a person under 18 years of age present in the
5building or on the grounds.
6    (b) It is unlawful for a child sex offender to knowingly
7loiter within 500 feet of a school building or real property
8comprising any school while persons under the age of 18 are
9present in the building or on the grounds, unless the offender
10is a parent or guardian of a student attending the school and
11the parent or guardian is: (i) attending a conference at the
12school with school personnel to discuss the progress of his or
13her child academically or socially, (ii) participating in
14child review conferences in which evaluation and placement
15decisions may be made with respect to his or her child
16regarding special education services, or (iii) attending
17conferences to discuss other student issues concerning his or
18her child such as retention and promotion and notifies the
19principal of the school of his or her presence at the school or
20has permission to be present from the superintendent or the
21school board or in the case of a private school from the
22principal. In the case of a public school, if permission is
23granted, the superintendent or school board president must
24inform the principal of the school where the sex offender will
25be present. Notification includes the nature of the sex
26offender's visit and the hours in which the sex offender will

 

 

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1be present in the school. The sex offender is responsible for
2notifying the principal's office when he or she arrives on
3school property and when he or she departs from school
4property. If the sex offender is to be present in the vicinity
5of children, the sex offender has the duty to remain under the
6direct supervision of a school official.
7    (b-2) It is unlawful for a child sex offender to knowingly
8loiter on a public way within 500 feet of a public park
9building or real property comprising any public park while
10persons under the age of 18 are present in the building or on
11the grounds and to approach, contact, or communicate with a
12child under 18 years of age, unless the offender is a parent or
13guardian of a person under 18 years of age present in the
14building or on the grounds.
15    (b-5) It is unlawful for a child sex offender with the duty
16to register to knowingly reside within 250 500 feet of a school
17building or the real property comprising any school that
18persons under the age of 18 attend. Nothing in this subsection
19(b-5) prohibits a child sex offender from residing within 250
20500 feet of a school building or the real property comprising
21any school that persons under 18 attend if the property was
22established as his or her current address of registration
23prior to the date that the school opened or was issued a
24license to open is owned by the child sex offender and was
25purchased before July 7, 2000 (the effective date of Public
26Act 91-911).

 

 

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1    (b-10) It is unlawful for a child sex offender with the
2duty to register to knowingly reside within 250 500 feet of a
3playground, child care institution, day care center, part day
4child care facility, day care home, group day care home, or a
5facility providing programs or services exclusively directed
6toward persons under 18 years of age. Nothing in this
7subsection (b-10) prohibits a child sex offender from residing
8within 250 500 feet of a playground or a facility providing
9programs or services exclusively directed toward persons under
1018 years of age if the property is established as his or her
11current address of registration prior to the date that a
12playground, child care institution, day care center, part day
13care child care facility, day care home, group day care home,
14or a facility providing programs or services exclusively
15directed toward persons under 18 years of age was opened, or,
16if the facility must obtain a license in order to provide
17programs or service, the date that the license was issued.
18owned by the child sex offender and was purchased before July
197, 2000. Nothing in this subsection (b-10) prohibits a child
20sex offender from residing within 500 feet of a child care
21institution, day care center, or part day child care facility
22if the property is owned by the child sex offender and was
23purchased before June 26, 2006. Nothing in this subsection
24(b-10) prohibits a child sex offender from residing within 500
25feet of a day care home or group day care home if the property
26is owned by the child sex offender and was purchased before

 

 

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1August 14, 2008 (the effective date of Public Act 95-821).
2    (b-15) It is unlawful for a child sex offender to
3knowingly reside within 500 feet of the victim of the sex
4offense. Nothing in this subsection (b-15) prohibits a child
5sex offender from residing within 500 feet of the victim if the
6property in which the child sex offender resides is owned by
7the child sex offender and was purchased before August 22,
82002.
9    This subsection (b-15) does not apply if the victim of the
10sex offense is 21 years of age or older.
11    (b-20) It is unlawful for a child sex offender to
12knowingly communicate, other than for a lawful purpose under
13Illinois law, using the Internet or any other digital media,
14with a person under 18 years of age or with a person whom he or
15she believes to be a person under 18 years of age, unless the
16offender is a parent or guardian of the person under 18 years
17of age.
18    (c) It is unlawful for a child sex offender to knowingly
19operate, manage, be employed by, volunteer at, be associated
20with, or knowingly be present at any: (i) facility providing
21programs or services exclusively directed toward persons under
22the age of 18; (ii) day care center; (iii) part day child care
23facility; (iv) child care institution; (v) school providing
24before and after school programs for children under 18 years
25of age; (vi) day care home; or (vii) group day care home. This
26does not prohibit a child sex offender from owning the real

 

 

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1property upon which the programs or services are offered or
2upon which the day care center, part day child care facility,
3child care institution, or school providing before and after
4school programs for children under 18 years of age is located,
5provided the child sex offender refrains from being present on
6the premises for the hours during which: (1) the programs or
7services are being offered or (2) the day care center, part day
8child care facility, child care institution, or school
9providing before and after school programs for children under
1018 years of age, day care home, or group day care home is
11operated.
12    (c-2) It is unlawful for a child sex offender to
13participate in a holiday event involving children under 18
14years of age, including but not limited to distributing candy
15or other items to children on Halloween, wearing a Santa Claus
16costume on or preceding Christmas, being employed as a
17department store Santa Claus, or wearing an Easter Bunny
18costume on or preceding Easter. For the purposes of this
19subsection, child sex offender has the meaning as defined in
20this Section, but does not include as a sex offense under
21paragraph (2) of subsection (d) of this Section, the offense
22under subsection (c) of Section 11-1.50 of this Code. This
23subsection does not apply to a child sex offender who is a
24parent or guardian of children under 18 years of age that are
25present in the home and other non-familial minors are not
26present.

 

 

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1    (c-5) It is unlawful for a child sex offender to knowingly
2operate, manage, be employed by, or be associated with any
3county fair when persons under the age of 18 are present.
4    (c-6) It is unlawful for a child sex offender who owns and
5resides at residential real estate to knowingly rent any
6residential unit within the same building in which he or she
7resides to a person who is the parent or guardian of a child or
8children under 18 years of age. This subsection shall apply
9only to leases or other rental arrangements entered into after
10January 1, 2009 (the effective date of Public Act 95-820).
11    (c-7) It is unlawful for a child sex offender to knowingly
12offer or provide any programs or services to persons under 18
13years of age in his or her residence or the residence of
14another or in any facility for the purpose of offering or
15providing such programs or services, whether such programs or
16services are offered or provided by contract, agreement,
17arrangement, or on a volunteer basis.
18    (c-8) It is unlawful for a child sex offender to knowingly
19operate, whether authorized to do so or not, any of the
20following vehicles: (1) a vehicle which is specifically
21designed, constructed or modified and equipped to be used for
22the retail sale of food or beverages, including but not
23limited to an ice cream truck; (2) an authorized emergency
24vehicle; or (3) a rescue vehicle.
25    (d) Definitions. In this Section:
26        (1) "Child sex offender" means any person who:

 

 

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1            (i) has been charged under Illinois law, or any
2        substantially similar federal law or law of another
3        state, with a sex offense set forth in paragraph (2) of
4        this subsection (d) or the attempt to commit an
5        included sex offense, and the victim is a person under
6        18 years of age at the time of the offense; and:
7                (A) is convicted of such offense or an attempt
8            to commit such offense; or
9                (B) is found not guilty by reason of insanity
10            of such offense or an attempt to commit such
11            offense; or
12                (C) is found not guilty by reason of insanity
13            pursuant to subsection (c) of Section 104-25 of
14            the Code of Criminal Procedure of 1963 of such
15            offense or an attempt to commit such offense; or
16                (D) is the subject of a finding not resulting
17            in an acquittal at a hearing conducted pursuant to
18            subsection (a) of Section 104-25 of the Code of
19            Criminal Procedure of 1963 for the alleged
20            commission or attempted commission of such
21            offense; or
22                (E) is found not guilty by reason of insanity
23            following a hearing conducted pursuant to a
24            federal law or the law of another state
25            substantially similar to subsection (c) of Section
26            104-25 of the Code of Criminal Procedure of 1963

 

 

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1            of such offense or of the attempted commission of
2            such offense; or
3                (F) is the subject of a finding not resulting
4            in an acquittal at a hearing conducted pursuant to
5            a federal law or the law of another state
6            substantially similar to subsection (a) of Section
7            104-25 of the Code of Criminal Procedure of 1963
8            for the alleged violation or attempted commission
9            of such offense; or
10            (ii) is certified as a sexually dangerous person
11        pursuant to the Illinois Sexually Dangerous Persons
12        Act, or any substantially similar federal law or the
13        law of another state, when any conduct giving rise to
14        such certification is committed or attempted against a
15        person less than 18 years of age; or
16            (iii) is subject to the provisions of Section 2 of
17        the Interstate Agreements on Sexually Dangerous
18        Persons Act.
19        Convictions that result from or are connected with the
20    same act, or result from offenses committed at the same
21    time, shall be counted for the purpose of this Section as
22    one conviction. Any conviction set aside pursuant to law
23    is not a conviction for purposes of this Section.
24        (2) Except as otherwise provided in paragraph (2.5),
25    "sex offense" means:
26            (i) A violation of any of the following Sections

 

 

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1        of the Criminal Code of 1961 or the Criminal Code of
2        2012: 10-4 (forcible detention), 10-7 (aiding or
3        abetting child abduction under Section 10-5(b)(10)),
4        10-5(b)(10) (child luring), 11-1.40 (predatory
5        criminal sexual assault of a child), 11-6 (indecent
6        solicitation of a child), 11-6.5 (indecent
7        solicitation of an adult), 11-9.1 (sexual exploitation
8        of a child), 11-9.2 (custodial sexual misconduct),
9        11-9.5 (sexual misconduct with a person with a
10        disability), 11-11 (sexual relations within families),
11        11-14.3(a)(1) (promoting prostitution by advancing
12        prostitution), 11-14.3(a)(2)(A) (promoting
13        prostitution by profiting from prostitution by
14        compelling a person to be a prostitute),
15        11-14.3(a)(2)(C) (promoting prostitution by profiting
16        from prostitution by means other than as described in
17        subparagraphs (A) and (B) of paragraph (2) of
18        subsection (a) of Section 11-14.3), 11-14.4 (promoting
19        juvenile prostitution), 11-18.1 (patronizing a
20        juvenile prostitute), 11-20.1 (child pornography),
21        11-20.1B (aggravated child pornography), 11-21
22        (harmful material), 11-25 (grooming), 11-26 (traveling
23        to meet a minor or traveling to meet a child), 12-33
24        (ritualized abuse of a child), 11-20 (obscenity) (when
25        that offense was committed in any school, on real
26        property comprising any school, in any conveyance

 

 

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1        owned, leased, or contracted by a school to transport
2        students to or from school or a school related
3        activity, or in a public park), 11-30 (public
4        indecency) (when committed in a school, on real
5        property comprising a school, in any conveyance owned,
6        leased, or contracted by a school to transport
7        students to or from school or a school related
8        activity, or in a public park). An attempt to commit
9        any of these offenses.
10            (ii) A violation of any of the following Sections
11        of the Criminal Code of 1961 or the Criminal Code of
12        2012, when the victim is a person under 18 years of
13        age: 11-1.20 (criminal sexual assault), 11-1.30
14        (aggravated criminal sexual assault), 11-1.50
15        (criminal sexual abuse), 11-1.60 (aggravated criminal
16        sexual abuse). An attempt to commit any of these
17        offenses.
18            (iii) A violation of any of the following Sections
19        of the Criminal Code of 1961 or the Criminal Code of
20        2012, when the victim is a person under 18 years of age
21        and the defendant is not a parent of the victim:
22            10-1 (kidnapping),
23            10-2 (aggravated kidnapping),
24            10-3 (unlawful restraint),
25            10-3.1 (aggravated unlawful restraint),
26            11-9.1(A) (permitting sexual abuse of a child).

 

 

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1            An attempt to commit any of these offenses.
2            (iv) A violation of any former law of this State
3        substantially equivalent to any offense listed in
4        clause (2)(i) or (2)(ii) of subsection (d) of this
5        Section.
6        (2.5) For the purposes of subsections (b-5) and (b-10)
7    only, a sex offense means:
8            (i) A violation of any of the following Sections
9        of the Criminal Code of 1961 or the Criminal Code of
10        2012:
11             10-5(b)(10) (child luring), 10-7 (aiding or
12        abetting child abduction under Section 10-5(b)(10)),
13        11-1.40 (predatory criminal sexual assault of a
14        child), 11-6 (indecent solicitation of a child),
15        11-6.5 (indecent solicitation of an adult), 11-9.2
16        (custodial sexual misconduct), 11-9.5 (sexual
17        misconduct with a person with a disability), 11-11
18        (sexual relations within families), 11-14.3(a)(1)
19        (promoting prostitution by advancing prostitution),
20        11-14.3(a)(2)(A) (promoting prostitution by profiting
21        from prostitution by compelling a person to be a
22        prostitute), 11-14.3(a)(2)(C) (promoting prostitution
23        by profiting from prostitution by means other than as
24        described in subparagraphs (A) and (B) of paragraph
25        (2) of subsection (a) of Section 11-14.3), 11-14.4
26        (promoting juvenile prostitution), 11-18.1

 

 

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1        (patronizing a juvenile prostitute), 11-20.1 (child
2        pornography), 11-20.1B (aggravated child pornography),
3        11-25 (grooming), 11-26 (traveling to meet a minor or
4        traveling to meet a child), or 12-33 (ritualized abuse
5        of a child). An attempt to commit any of these
6        offenses.
7            (ii) A violation of any of the following Sections
8        of the Criminal Code of 1961 or the Criminal Code of
9        2012, when the victim is a person under 18 years of
10        age: 11-1.20 (criminal sexual assault), 11-1.30
11        (aggravated criminal sexual assault), 11-1.60
12        (aggravated criminal sexual abuse), and subsection (a)
13        of Section 11-1.50 (criminal sexual abuse). An attempt
14        to commit any of these offenses.
15            (iii) A violation of any of the following Sections
16        of the Criminal Code of 1961 or the Criminal Code of
17        2012, when the victim is a person under 18 years of age
18        and the defendant is not a parent of the victim:
19            10-1 (kidnapping),
20            10-2 (aggravated kidnapping),
21            10-3 (unlawful restraint),
22            10-3.1 (aggravated unlawful restraint),
23            11-9.1(A) (permitting sexual abuse of a child).
24            An attempt to commit any of these offenses.
25            (iv) A violation of any former law of this State
26        substantially equivalent to any offense listed in this

 

 

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1        paragraph (2.5) of this subsection.
2        (3) A conviction for an offense of federal law or the
3    law of another state that is substantially equivalent to
4    any offense listed in paragraph (2) of subsection (d) of
5    this Section shall constitute a conviction for the purpose
6    of this Section. A finding or adjudication as a sexually
7    dangerous person under any federal law or law of another
8    state that is substantially equivalent to the Sexually
9    Dangerous Persons Act shall constitute an adjudication for
10    the purposes of this Section.
11        (4) "Authorized emergency vehicle", "rescue vehicle",
12    and "vehicle" have the meanings ascribed to them in
13    Sections 1-105, 1-171.8 and 1-217, respectively, of the
14    Illinois Vehicle Code.
15        (5) "Child care institution" has the meaning ascribed
16    to it in Section 2.06 of the Child Care Act of 1969.
17        (6) "Day care center" has the meaning ascribed to it
18    in Section 2.09 of the Child Care Act of 1969.
19        (7) "Day care home" has the meaning ascribed to it in
20    Section 2.18 of the Child Care Act of 1969.
21        (8) "Facility providing programs or services directed
22    towards persons under the age of 18" means any facility
23    providing programs or services exclusively directed
24    towards persons under the age of 18.
25        (9) "Group day care home" has the meaning ascribed to
26    it in Section 2.20 of the Child Care Act of 1969.

 

 

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1        (10) "Internet" has the meaning set forth in Section
2    16-0.1 of this Code.
3        (11) "Loiter" means:
4            (i) Standing, sitting idly, whether or not the
5        person is in a vehicle, or remaining in or around
6        school or public park property.
7            (ii) Standing, sitting idly, whether or not the
8        person is in a vehicle, or remaining in or around
9        school or public park property, for the purpose of
10        committing or attempting to commit a sex offense.
11            (iii) Entering or remaining in a building in or
12        around school property, other than the offender's
13        residence.
14        (12) "Part day child care facility" has the meaning
15    ascribed to it in Section 2.10 of the Child Care Act of
16    1969.
17        (13) "Playground" means a piece of land owned or
18    controlled by a unit of local government that is
19    designated by the unit of local government for use solely
20    or primarily for children's recreation.
21        (14) "Public park" includes a park, forest preserve,
22    bikeway, trail, or conservation area under the
23    jurisdiction of the State or a unit of local government.
24        (15) "School" means a public or private preschool or
25    elementary or secondary school.
26        (16) "School official" means the principal, a teacher,

 

 

HB3913- 17 -LRB102 11447 KMF 16780 b

1    or any other certified employee of the school, the
2    superintendent of schools or a member of the school board.
3    (e) For the purposes of this Section, the 500 feet
4distance shall be measured from: (1) the edge of the property
5of the school building or the real property comprising the
6school that is closest to the edge of the property of the child
7sex offender's residence or where he or she is loitering, and
8(2) the edge of the property comprising the public park
9building or the real property comprising the public park,
10playground, child care institution, day care center, part day
11child care facility, or facility providing programs or
12services exclusively directed toward persons under 18 years of
13age, or a victim of the sex offense who is under 21 years of
14age, to the edge of the child sex offender's place of residence
15or place where he or she is loitering.
16    (f) Sentence. A person who violates this Section is guilty
17of a Class 4 felony.
18(Source: P.A. 100-428, eff. 1-1-18.)
 
19    Section 10. The Sex Offender Registration Act is amended
20by changing Sections 3, 6, and 8 as follows:
 
21    (730 ILCS 150/3)
22    Sec. 3. Duty to register.
23    (a) A sex offender, as defined in Section 2 of this Act, or
24sexual 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
11used by 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
18a copy of the terms and conditions of parole or release signed
19by the sex offender and given to the sex offender by his or her
20supervising officer or aftercare specialist, the county of
21conviction, license plate numbers for every vehicle registered
22in the name of the sex offender, the age of the sex offender at
23the time of the commission of the offense, the age of the
24victim at the time of the commission of the offense, and any
25distinguishing marks located on the body of the sex offender.
26A sex offender convicted under Section 11-6, 11-20.1,

 

 

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111-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the
2Criminal Code of 2012 shall provide all Internet protocol (IP)
3addresses in his or her residence, registered in his or her
4name, accessible at his or her place of employment, or
5otherwise under his or her control or custody. If the sex
6offender is a child sex offender as defined in Section 11-9.3
7or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of
82012, the sex offender shall report to the registering agency
9whether he or she is living in a household with a child under
1018 years of age who is not his or her own child, provided that
11his or her own child is not the victim of the sex offense. The
12sex offender or sexual predator shall register:
13        (1) with the chief of police in the municipality in
14    which he or she resides or is temporarily domiciled for a
15    period of time of 3 or more days, unless the municipality
16    is the City of Chicago, in which case he or she shall
17    register at a fixed location designated by the
18    Superintendent of the Chicago Police Department; or
19        (2) with the sheriff in the county in which he or she
20    resides or is temporarily domiciled for a period of time
21    of 3 or more days in an unincorporated area or, if
22    incorporated, no police chief exists.
23    If the sex offender or sexual predator is employed at or
24attends an institution of higher education, he or she shall
25also register:
26        (i) with:

 

 

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1            (A) the chief of police in the municipality in
2        which he or she is employed at or attends an
3        institution of higher education, unless the
4        municipality is the City of Chicago, in which case he
5        or she shall register at a fixed location designated
6        by the Superintendent of the Chicago Police
7        Department; or
8            (B) the sheriff in the county in which he or she is
9        employed or attends an institution of higher education
10        located in an unincorporated area, or if incorporated,
11        no police chief exists; and
12        (ii) with the public safety or security director of
13    the institution of higher education which he or she is
14    employed at or attends.
15    The registration fees shall only apply to the municipality
16or county of primary registration, and not to campus
17registration.
18    For purposes of this Article, the place of residence or
19temporary domicile is defined as any and all places where the
20sex offender resides for an aggregate period of time of 3 or
21more days during any calendar year. Any person required to
22register under this Article who lacks a fixed address or
23temporary domicile must notify, in person, the agency of
24jurisdiction of his or her last known address within 3 days
25after ceasing to have a fixed residence.
26    A sex offender or sexual predator who is temporarily

 

 

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1absent from his or her current address of registration for 3 or
2more days shall notify the law enforcement agency having
3jurisdiction of his or her current registration, including the
4itinerary for travel, in the manner provided in Section 6 of
5this Act for notification to the law enforcement agency having
6jurisdiction of change of address.
7    Any person who lacks a fixed residence must report weekly,
8in person, with the sheriff's office of the county in which he
9or she is located in an unincorporated area, or with the chief
10of police in the municipality in which he or she is located.
11The agency of jurisdiction will document each weekly
12registration to include all the locations where the person has
13stayed during the past 7 days.
14    The sex offender or sexual predator shall provide accurate
15information as required by the Department of State Police.
16That information shall include the sex offender's or sexual
17predator's current place of employment.
18    (a-5) An out-of-state student or out-of-state employee
19shall, within 3 days after beginning school or employment in
20this State, register in person and provide accurate
21information as required by the Department of State Police.
22Such information will include current place of employment,
23school attended, and address in state of residence. A sex
24offender convicted under Section 11-6, 11-20.1, 11-20.1B,
2511-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal
26Code of 2012 shall provide all Internet protocol (IP)

 

 

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1addresses in his or her residence, registered in his or her
2name, accessible at his or her place of employment, or
3otherwise under his or her control or custody. The
4out-of-state student or out-of-state employee shall register:
5        (1) with:
6            (A) the chief of police in the municipality in
7        which he or she attends school or is employed for a
8        period of time of 5 or more days or for an aggregate
9        period of time of more than 30 days during any calendar
10        year, unless the municipality is the City of Chicago,
11        in which case he or she shall register at a fixed
12        location designated by the Superintendent of the
13        Chicago Police Department; or
14            (B) the sheriff in the county in which he or she
15        attends school or is employed for a period of time of 5
16        or more days or for an aggregate period of time of more
17        than 30 days during any calendar year in an
18        unincorporated area or, if incorporated, no police
19        chief exists; and
20        (2) with the public safety or security director of the
21    institution of higher education he or she is employed at
22    or attends for a period of time of 5 or more days or for an
23    aggregate period of time of more than 30 days during a
24    calendar year.
25    The registration fees shall only apply to the municipality
26or county of primary registration, and not to campus

 

 

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1registration.
2    The out-of-state student or out-of-state employee shall
3provide accurate information as required by the Department of
4State Police. That information shall include the out-of-state
5student's current place of school attendance or the
6out-of-state employee's current place of employment.
7    (a-10) Any law enforcement agency registering sex
8offenders or sexual predators in accordance with subsections
9(a) or (a-5) of this Section shall forward to the Attorney
10General a copy of sex offender registration forms from persons
11convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
1211-21 of the Criminal Code of 1961 or the Criminal Code of
132012, including periodic and annual registrations under
14Section 6 of this Act.
15    (b) Any sex offender, as defined in Section 2 of this Act,
16or sexual predator, regardless of any initial, prior, or other
17registration, shall, within 3 days of beginning school, or
18establishing a residence, place of employment, or temporary
19domicile in any county, register in person as set forth in
20subsection (a) or (a-5).
21    (c) The registration for any person required to register
22under this Article shall be as follows:
23        (1) Any person registered under the Habitual Child Sex
24    Offender Registration Act or the Child Sex Offender
25    Registration Act prior to January 1, 1996, shall be deemed
26    initially registered as of January 1, 1996; however, this

 

 

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1    shall not be construed to extend the duration of
2    registration set forth in Section 7.
3        (2) Except as provided in subsection (c)(2.1) or
4    (c)(4), any person convicted or adjudicated prior to
5    January 1, 1996, whose liability for registration under
6    Section 7 has not expired, shall register in person prior
7    to January 31, 1996.
8        (2.1) A sex offender or sexual predator, who has never
9    previously been required to register under this Act, has a
10    duty to register if the person has been convicted of any
11    felony offense after July 1, 2011. A person who previously
12    was required to register under this Act for a period of 10
13    years and successfully completed that registration period
14    has a duty to register if: (i) the person has been
15    convicted of any felony offense after July 1, 2011, and
16    (ii) the offense for which the 10 year registration was
17    served currently requires a registration period of more
18    than 10 years. Notification of an offender's duty to
19    register under this subsection shall be pursuant to
20    Section 5-7 of this Act.
21        (2.5) Except as provided in subsection (c)(4), any
22    person who has not been notified of his or her
23    responsibility to register shall be notified by a criminal
24    justice entity of his or her responsibility to register.
25    Upon notification the person must then register within 3
26    days of notification of his or her requirement to

 

 

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1    register. Except as provided in subsection (c)(2.1), if
2    notification is not made within the offender's 10 year
3    registration requirement, and the Department of State
4    Police determines no evidence exists or indicates the
5    offender attempted to avoid registration, the offender
6    will no longer be required to register under this Act.
7        (3) Except as provided in subsection (c)(4), any
8    person convicted on or after January 1, 1996, shall
9    register in person within 3 days after the entry of the
10    sentencing order based upon his or her conviction.
11        (4) Any person unable to comply with the registration
12    requirements of this Article because he or she is
13    confined, institutionalized, or imprisoned in Illinois on
14    or after January 1, 1996, shall register in person within
15    3 days of discharge, parole or release.
16        (5) The person shall provide positive identification
17    and documentation that substantiates proof of residence at
18    the registering address. If the person lacks a fixed
19    residence, he or she shall not have to provide
20    documentation of registering address.
21        (6) The person shall pay a $100 initial registration
22    fee and a $100 annual renewal fee to the registering law
23    enforcement agency having jurisdiction. The registering
24    agency may waive the registration fee if it determines
25    that the person is indigent and unable to pay the
26    registration fee. Thirty-five dollars for the initial

 

 

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1    registration fee and $35 of the annual renewal fee shall
2    be retained and used by the registering agency for
3    official purposes. Having retained $35 of the initial
4    registration fee and $35 of the annual renewal fee, the
5    registering agency shall remit the remainder of the fee to
6    State agencies within 30 days of receipt for deposit into
7    the State funds as follows:
8            (A) Five dollars of the initial registration fee
9        and $5 of the annual fee shall be remitted to the State
10        Treasurer who shall deposit the moneys into the Sex
11        Offender Management Board Fund under Section 19 of the
12        Sex Offender Management Board Act. Money deposited
13        into the Sex Offender Management Board Fund shall be
14        administered by the Sex Offender Management Board and
15        shall be used by the Board to comply with the
16        provisions of the Sex Offender Management Board Act.
17            (B) Thirty dollars of the initial registration fee
18        and $30 of the annual renewal fee shall be remitted to
19        the Department of State Police which shall deposit the
20        moneys into the Offender Registration Fund.
21            (C) Thirty dollars of the initial registration fee
22        and $30 of the annual renewal fee shall be remitted to
23        the Attorney General who shall deposit the moneys into
24        the Attorney General Sex Offender Awareness, Training,
25        and Education Fund. Moneys deposited into the Fund
26        shall be used by the Attorney General to administer

 

 

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1        the I-SORT program and to alert and educate the
2        public, victims, and witnesses of their rights under
3        various victim notification laws and for training law
4        enforcement agencies, State's Attorneys, and medical
5        providers of their legal duties concerning the
6        prosecution and investigation of sex offenses.
7        The registering agency shall establish procedures to
8    document the receipt and remittance of the $100 initial
9    registration fee and $100 annual renewal fee.
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
17to the law enforcement agency having jurisdiction.
18(Source: P.A. 101-571, eff. 8-23-19.)
 
19    (730 ILCS 150/6)
20    Sec. 6. Duty to report; change of address, school, or
21employment; duty to inform. A person who has been adjudicated
22to be sexually dangerous or is a sexually violent person and is
23later released, or found to be no longer sexually dangerous or
24no longer a sexually violent person and discharged, or
25convicted of a violation of this Act after July 1, 2005, shall

 

 

HB3913- 28 -LRB102 11447 KMF 16780 b

1report in person to the law enforcement agency with whom he or
2she last registered no later than 90 days after the date of his
3or her last registration and every 90 days thereafter and at
4such other times at the request of the law enforcement agency
5not to exceed 4 times a year. Such sexually dangerous or
6sexually violent person must report all new or changed e-mail
7addresses, all new or changed instant messaging identities,
8all new or changed chat room identities, and all other new or
9changed Internet communications identities that the sexually
10dangerous or sexually violent person uses or plans to use, all
11new or changed Uniform Resource Locators (URLs) registered or
12used by the sexually dangerous or sexually violent person, and
13all new or changed blogs and other Internet sites maintained
14by the sexually dangerous or sexually violent person or to
15which the sexually dangerous or sexually violent person has
16uploaded any content or posted any messages or information.
17Any person who lacks a fixed residence must report weekly, in
18person, to the appropriate law enforcement agency where the
19sex offender is located. Any other person who is required to
20register under this Article shall report in person to the
21appropriate law enforcement agency with whom he or she last
22registered within one year from the date of last registration
23and every year thereafter and at such other times at the
24request of the law enforcement agency not to exceed 4 times a
25year. If any person required to register under this Article
26lacks a fixed residence or temporary domicile, he or she must

 

 

HB3913- 29 -LRB102 11447 KMF 16780 b

1notify, in person, the agency of jurisdiction of his or her
2last known address within 3 days after ceasing to have a fixed
3residence and if the offender leaves the last jurisdiction of
4residence, he or she, must within 3 days after leaving
5register in person with the new agency of jurisdiction. If any
6other person required to register under this Article changes
7his or her residence address, place of employment, telephone
8number, cellular telephone number, or school, he or she shall
9report in person, to the law enforcement agency with whom he or
10she last registered, his or her new address, change in
11employment, telephone number, cellular telephone number, or
12school, all new or changed e-mail addresses, all new or
13changed instant messaging identities, all new or changed chat
14room identities, and all other new or changed Internet
15communications identities that the sex offender uses or plans
16to use, all new or changed Uniform Resource Locators (URLs)
17registered or used by the sex offender, and all new or changed
18blogs and other Internet sites maintained by the sex offender
19or to which the sex offender has uploaded any content or posted
20any messages or information, and register, in person, with the
21appropriate law enforcement agency within the time period
22specified in Section 3. If the sex offender is a child sex
23offender as defined in Section 11-9.3 or 11-9.4 of the
24Criminal Code of 1961 or the Criminal Code of 2012, the sex
25offender shall within 3 days after beginning to reside in a
26household with a child under 18 years of age who is not his or

 

 

HB3913- 30 -LRB102 11447 KMF 16780 b

1her own child, provided that his or her own child is not the
2victim of the sex offense, report that information to the
3registering law enforcement agency. The law enforcement agency
4shall, within 3 days of the reporting in person by the person
5required to register under this Article, notify the Department
6of State Police of the new place of residence, change in
7employment, telephone number, cellular telephone number, or
8school.
9    If any person required to register under this Article
10intends to establish a residence or employment outside of the
11State of Illinois, at least 10 days before establishing that
12residence or employment, he or she shall report in person to
13the law enforcement agency with which he or she last
14registered of his or her out-of-state intended residence or
15employment. The law enforcement agency with which such person
16last registered shall, within 3 days after the reporting in
17person of the person required to register under this Article
18of an address or employment change, notify the Department of
19State Police. The Department of State Police shall forward
20such information to the out-of-state law enforcement agency
21having jurisdiction in the form and manner prescribed by the
22Department of State Police.
23(Source: P.A. 96-1094, eff. 1-1-11; 96-1104, eff. 1-1-11;
2497-333, eff. 8-12-11; 97-1150, eff. 1-25-13.)
 
25    (730 ILCS 150/8)  (from Ch. 38, par. 228)

 

 

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1    Sec. 8. Registration and DNA submission requirements.
2    (a) Registration. Registration as required by this Article
3shall consist of a statement in writing signed by the person
4giving the information that is required by the Department of
5State Police, which may include the fingerprints and must
6include a current photograph of the person, to be updated
7annually. If the sex offender is a child sex offender as
8defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
91961 or the Criminal Code of 2012, he or she shall sign a
10statement that he or she understands that according to
11Illinois law as a child sex offender he or she may not reside
12within 250 500 feet of a school, park, or playground. The
13offender may also not reside within 250 500 feet of a facility
14providing services directed exclusively toward persons under
1518 years of age unless the sex offender meets specified
16exemptions. The registration information must include whether
17the person is a sex offender as defined in the Sex Offender
18Community Notification Law. Within 3 days, the registering law
19enforcement agency shall forward any required information to
20the Department of State Police. The registering law
21enforcement agency shall enter the information into the Law
22Enforcement Agencies Data System (LEADS) as provided in
23Sections 6 and 7 of the Intergovernmental Missing Child
24Recovery Act of 1984.
25    (b) DNA submission. Every person registering as a sex
26offender pursuant to this Act, regardless of the date of

 

 

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1conviction or the date of initial registration who is required
2to submit specimens of blood, saliva, or tissue for DNA
3analysis as required by subsection (a) of Section 5-4-3 of the
4Unified Code of Corrections shall submit the specimens as
5required by that Section. Registered sex offenders who have
6previously submitted a DNA specimen which has been uploaded to
7the Illinois DNA database shall not be required to submit an
8additional specimen pursuant to this Section.
9(Source: P.A. 97-383, eff. 1-1-12; 97-1150, eff. 1-25-13.)
 
10    Section 15. The Murderer and Violent Offender Against
11Youth Registration Act is amended by changing Section 10 as
12follows:
 
13    (730 ILCS 154/10)
14    Sec. 10. Duty to register.
15    (a) A violent offender against youth shall, within the
16time period prescribed in subsections (b) and (c), register in
17person and provide accurate information as required by the
18Department of State Police. Such information shall include a
19current photograph, current address, current place of
20employment, the employer's telephone number, school attended,
21extensions of the time period for registering as provided in
22this Act and, if an extension was granted, the reason why the
23extension was granted and the date the violent offender
24against youth was notified of the extension. A person who has

 

 

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1been adjudicated a juvenile delinquent for an act which, if
2committed by an adult, would be a violent offense against
3youth shall register as an adult violent offender against
4youth within 10 days after attaining 17 years of age. The
5violent offender against youth shall register:
6        (1) with the chief of police in the municipality in
7    which he or she resides or is temporarily domiciled for a
8    period of time of 5 or more days, unless the municipality
9    is the City of Chicago, in which case he or she shall
10    register at a fixed location designated by the
11    Superintendent of the Chicago Police Department; or
12        (2) with the sheriff in the county in which he or she
13    resides or is temporarily domiciled for a period of time
14    of 5 or more days in an unincorporated area or, if
15    incorporated, no police chief exists.
16    If the violent offender against youth is employed at or
17attends an institution of higher education, he or she shall
18register:
19        (i) with the chief of police in the municipality in
20    which he or she is employed at or attends an institution of
21    higher education, unless the municipality is the City of
22    Chicago, in which case he or she shall register at a fixed
23    location designated by the Superintendent of the Chicago
24    Police Department; or
25        (ii) with the sheriff in the county in which he or she
26    is employed or attends an institution of higher education

 

 

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1    located in an unincorporated area, or if incorporated, no
2    police chief exists.
3    For purposes of this Act, the place of residence or
4temporary domicile is defined as any and all places where the
5violent offender against youth resides for an aggregate period
6of time of 5 or more days during any calendar year. Any person
7required to register under this Act who lacks a fixed address
8or temporary domicile must notify, in person, the agency of
9jurisdiction of his or her last known address within 5 days
10after ceasing to have a fixed residence.
11    Any person who lacks a fixed residence must report weekly,
12in person, with the sheriff's office of the county in which he
13or she is located in an unincorporated area, or with the chief
14of police in the municipality in which he or she is located.
15The agency of jurisdiction will document each weekly
16registration to include all the locations where the person has
17stayed during the past 7 days.
18    The violent offender against youth shall provide accurate
19information as required by the Department of State Police.
20That information shall include the current place of employment
21of the violent offender against youth.
22    (a-5) An out-of-state student or out-of-state employee
23shall, within 5 days after beginning school or employment in
24this State, register in person and provide accurate
25information as required by the Department of State Police.
26Such information will include current place of employment,

 

 

HB3913- 35 -LRB102 11447 KMF 16780 b

1school attended, and address in state of residence. The
2out-of-state student or out-of-state employee shall register:
3        (1) with the chief of police in the municipality in
4    which he or she attends school or is employed for a period
5    of time of 5 or more days or for an aggregate period of
6    time of more than 30 days during any calendar year, unless
7    the municipality is the City of Chicago, in which case he
8    or she shall register at a fixed location designated by
9    the Superintendent of the Chicago Police Department; or
10        (2) with the sheriff in the county in which he or she
11    attends school or is employed for a period of time of 5 or
12    more days or for an aggregate period of time of more than
13    30 days during any calendar year in an unincorporated area
14    or, if incorporated, no police chief exists.
15    The out-of-state student or out-of-state employee shall
16provide accurate information as required by the Department of
17State Police. That information shall include the out-of-state
18student's current place of school attendance or the
19out-of-state employee's current place of employment.
20    (b) Any violent offender against youth regardless of any
21initial, prior, or other registration, shall, within 5 days of
22beginning school, or establishing a residence, place of
23employment, or temporary domicile in any county, register in
24person as set forth in subsection (a) or (a-5).
25    (c) The registration for any person required to register
26under this Act shall be as follows:

 

 

HB3913- 36 -LRB102 11447 KMF 16780 b

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

 

 

HB3913- 37 -LRB102 11447 KMF 16780 b

1    documentation of registering address.
2        (5) The person shall pay a $20 initial registration
3    fee and a $10 annual renewal fee. The fees shall be
4    deposited into the Offender Registration Fund. The fees
5    shall be used by the registering agency for official
6    purposes. The agency shall establish procedures to
7    document receipt and use of the funds. The law enforcement
8    agency having jurisdiction may waive the registration fee
9    if it determines that the person is indigent and unable to
10    pay the registration fee.
11    (d) Within 5 days after obtaining or changing employment,
12a person required to register under this Section must report,
13in person to the law enforcement agency having jurisdiction,
14the business name and address where he or she is employed. If
15the person has multiple businesses or work locations, every
16business and work location must be reported to the law
17enforcement agency having jurisdiction.
18(Source: P.A. 101-571, eff. 8-23-19.)