Illinois General Assembly - Full Text of HB4091
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Full Text of HB4091  99th General Assembly

HB4091 99TH GENERAL ASSEMBLY


 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4091

 

Introduced , by Rep. Silvana Tabares

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 150/2  from Ch. 38, par. 222
730 ILCS 150/3
730 ILCS 150/6
730 ILCS 150/7  from Ch. 38, par. 227
730 ILCS 150/8  from Ch. 38, par. 228
730 ILCS 150/10.1 new
730 ILCS 150/11
730 ILCS 154/5

    Amends the Sex Offender Registration Act. Adds various offenses requiring registration as a sex offender. Provides that a person who is required to register under the Act, other than: (1) a person who has been adjudicated to be sexually dangerous and later released, (2) a sexually violent person or sexual predator, (3) a person who becomes subject to registration under the Act who has previously been subject to registration under the Act or under the Child Murderer and Violent Offender Against Youth Registration Act or similar registration requirements of other jurisdictions, or (4) a person who is convicted or adjudicated of a misdemeanor sex offense, shall be required to register for a period of 25 years after conviction or adjudication if not confined to a penal institution, hospital or any other institution or facility, and if confined, for a period of 25 years after parole, discharge or release from the facility. Provides that any person required to register for a period of 25 years shall report in person to the law enforcement agency with whom he or she last registered no later than 6 months after the date of his or her last registration and every 6 months thereafter for the duration of his or her registration. Provides that a person who is convicted or adjudicated of a misdemeanor sex offense shall be required to register for a period of 15 years after conviction or adjudication if not confined to a penal institution, hospital or any other institution or facility, and if confined, for a period of 15 years after parole, discharge or release from the facility. Eliminates sexual motivation for certain offenses committed against victims under 18 years of age. Amends the Child Murderer and Violent Offender Against Youth Registration Act to make conforming changes. Effective January 1, 2016.


LRB099 06496 RLC 26568 b

 

 

A BILL FOR

 

HB4091LRB099 06496 RLC 26568 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 Sex Offender Registration Act is amended by
5changing Sections 2, 3, 6, 7, 8, and 11 and by adding Section
610.1 as follows:
 
7    (730 ILCS 150/2)  (from Ch. 38, par. 222)
8    Sec. 2. Definitions.
9    (A) As used in this Article, "sex offender" means any
10person who is:
11        (1) charged pursuant to Illinois law, or any
12    substantially similar federal, Uniform Code of Military
13    Justice, sister state, law of another jurisdiction, tribe,
14    territory, District of Columbia, or foreign country law,
15    with a sex offense set forth in subsection (B) of this
16    Section or the attempt to commit an included sex offense,
17    and:
18            (a) is convicted of such offense or an attempt to
19        commit such offense, conspiracy to commit the offense,
20        or solicitation to commit the offense; or
21            (b) is found not guilty by reason of insanity of
22        such offense or an attempt to commit such offense; or
23            (c) is found not guilty by reason of insanity

 

 

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

 

 

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1        (3) subject to the provisions of Section 2 of the
2    Interstate Agreements on Sexually Dangerous Persons Act;
3    or
4        (4) found to be a sexually violent person pursuant to
5    the Sexually Violent Persons Commitment Act or any
6    substantially similar federal, Uniform Code of Military
7    Justice, sister state, or foreign country law; or
8        (5) adjudicated a juvenile delinquent as the result of
9    committing or attempting to commit an act which, if
10    committed by an adult, would constitute any of the offenses
11    specified in item (B), (C), or (C-5) of this Section or a
12    violation of any substantially similar federal, Uniform
13    Code of Military Justice, sister state, or foreign country
14    law, or found guilty under Article V of the Juvenile Court
15    Act of 1987 of committing or attempting to commit an act
16    which, if committed by an adult, would constitute any of
17    the offenses specified in item (B), (C), or (C-5) of this
18    Section or a violation of any substantially similar
19    federal, Uniform Code of Military Justice, sister state, or
20    foreign country law.
21    Convictions that result from or are connected with the same
22act, or result from offenses committed at the same time, shall
23be counted for the purpose of this Article as one conviction.
24Any conviction set aside pursuant to law is not a conviction
25for purposes of this Article.
26     For purposes of this Section, "convicted" shall have the

 

 

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1same meaning as "adjudicated".
2    (B) As used in this Article, "sex offense" means:
3        (1) A violation, attempted violation of, conspiracy to
4    commit, or solicitation to commit a violation of any of the
5    following Sections of the Criminal Code of 1961 or the
6    Criminal Code of 2012:
7            10-5.1 (luring a minor) for a second or subsequent
8        conviction,
9            11-20.1 (child pornography),
10            11-20.1B or 11-20.3 (aggravated child
11        pornography),
12            11-6 (indecent solicitation of a child),
13            11-9.1 (sexual exploitation of a child),
14            11-9.2 (custodial sexual misconduct),
15            11-9.5 (sexual misconduct with a person with a
16        disability),
17            11-14.4 (promoting juvenile prostitution),
18            11-15.1 (soliciting for a juvenile prostitute),
19            11-18.1 (patronizing a juvenile prostitute),
20            11-17.1 (keeping a place of juvenile
21        prostitution),
22            11-19.1 (juvenile pimping),
23            11-19.2 (exploitation of a child),
24            11-25 (grooming),
25            11-26 (traveling to meet a minor),
26            11-1.20 or 12-13 (criminal sexual assault),

 

 

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1            11-1.30 or 12-14 (aggravated criminal sexual
2        assault),
3            11-1.40 or 12-14.1 (predatory criminal sexual
4        assault of a child),
5            11-1.50 or 12-15 (criminal sexual abuse),
6            11-1.60 or 12-16 (aggravated criminal sexual
7        abuse),
8            12-33 (ritualized abuse of a child), .
9            An attempt to commit any of these offenses.
10            26-4 (unauthorized video recording and live video
11        transmission), if the victim is under the age of 18.
12        (1.5) A violation of any of the following Sections of
13    the Criminal Code of 1961 or the Criminal Code of 2012,
14    when the victim is a person under 18 years of age, the
15    defendant is not a parent of the victim, the offense was
16    sexually motivated as defined in Section 10 of the Sex
17    Offender Evaluation and Treatment Act, and the offense was
18    committed on or after January 1, 1996:
19            10-1 (kidnapping),
20            10-2 (aggravated kidnapping),
21            10-3 (unlawful restraint),
22            10-3.1 (aggravated unlawful restraint).
23        If the offense was committed before January 1, 1996, it
24    is a sex offense requiring registration only when the
25    person is convicted of any felony after July 1, 2011, and
26    paragraph (2.1) of subsection (c) of Section 3 of this Act

 

 

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1    applies.
2        (1.6) First degree murder under Section 9-1 of the
3    Criminal Code of 1961 or the Criminal Code of 2012,
4    provided the offense was sexually motivated as defined in
5    Section 10 of the Sex Offender Management Board Act.
6        (1.7) (Blank).
7        (1.8) A violation or attempted violation of Section
8    11-11 (sexual relations within families) of the Criminal
9    Code of 1961 or the Criminal Code of 2012, and the offense
10    was committed on or after June 1, 1997. If the offense was
11    committed before June 1, 1997, it is a sex offense
12    requiring registration only when the person is convicted of
13    any felony after July 1, 2011, and paragraph (2.1) of
14    subsection (c) of Section 3 of this Act applies.
15        (1.9) Child abduction under paragraph (10) of
16    subsection (b) of Section 10-5 of the Criminal Code of 1961
17    or the Criminal Code of 2012 committed by luring or
18    attempting to lure a child under the age of 16 into a motor
19    vehicle, building, house trailer, or dwelling place
20    without the consent of the parent or lawful custodian of
21    the child for other than a lawful purpose and the offense
22    was committed on or after January 1, 1998, provided the
23    offense was sexually motivated as defined in Section 10 of
24    the Sex Offender Management Board Act. If the offense was
25    committed before January 1, 1998, it is a sex offense
26    requiring registration only when the person is convicted of

 

 

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1    any felony after July 1, 2011, and paragraph (2.1) of
2    subsection (c) of Section 3 of this Act applies.
3        (1.10) A violation or attempted violation of any of the
4    following Sections of the Criminal Code of 1961 or the
5    Criminal Code of 2012 when the offense was committed on or
6    after July 1, 1999:
7            10-4 (forcible detention, if the victim is under 18
8        years of age), provided the offense was sexually
9        motivated as defined in Section 10 of the Sex Offender
10        Management Board Act,
11            11-6.5 (indecent solicitation of an adult),
12            11-14.3 that involves soliciting for a prostitute,
13        or 11-15 (soliciting for a prostitute, if the victim is
14        under 18 years of age),
15            subdivision (a)(2)(A) or (a)(2)(B) of Section
16        11-14.3, or Section 11-16 (pandering, if the victim is
17        under 18 years of age),
18            11-18 (patronizing a prostitute, if the victim is
19        under 18 years of age),
20            subdivision (a)(2)(C) of Section 11-14.3, or
21        Section 11-19 (pimping, if the victim is under 18 years
22        of age).
23        If the offense was committed before July 1, 1999, it is
24    a sex offense requiring registration only when the person
25    is convicted of any felony after July 1, 2011, and
26    paragraph (2.1) of subsection (c) of Section 3 of this Act

 

 

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1    applies.
2        (1.11) A violation or attempted violation of any of the
3    following Sections of the Criminal Code of 1961 or the
4    Criminal Code of 2012 when the offense was committed on or
5    after August 22, 2002:
6            11-9 or 11-30 (public indecency for a third or
7        subsequent conviction).
8        If the third or subsequent conviction was imposed
9    before August 22, 2002, it is a sex offense requiring
10    registration only when the person is convicted of any
11    felony after July 1, 2011, and paragraph (2.1) of
12    subsection (c) of Section 3 of this Act applies.
13        (1.12) A violation or attempted violation of Section
14    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
15    Criminal Code of 1961 or the Criminal Code of 2012
16    (permitting sexual abuse) when the offense was committed on
17    or after August 22, 2002. If the offense was committed
18    before August 22, 2002, it is a sex offense requiring
19    registration only when the person is convicted of any
20    felony after July 1, 2011, and paragraph (2.1) of
21    subsection (c) of Section 3 of this Act applies.
22        (2) A violation, attempted violation of, conspiracy to
23    commit, or solicitation to commit a violation of any former
24    law of this State substantially equivalent to any offense
25    listed in subsection (B) of this Section.
26    (C) A conviction for an offense of federal law, Uniform

 

 

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1Code of Military Justice, or the law of another state or a
2foreign country that is substantially equivalent to any offense
3listed in subsections (B), (C), (E), and (E-5) of this Section
4shall constitute a conviction for the purpose of this Article.
5A finding or adjudication as a sexually dangerous person or a
6sexually violent person under any federal law, Uniform Code of
7Military Justice, or the law of another state or foreign
8country that is substantially equivalent to the Sexually
9Dangerous Persons Act or the Sexually Violent Persons
10Commitment Act shall constitute an adjudication for the
11purposes of this Article.
12    (C-1) A violation, attempted violation of, conspiracy to
13commit, or solicitation to commit a violation of any of the
14following Sections of Title 18 of the U.S. Code:
15        (A) 1591 (sex trafficking of children),
16        (B) 1801 (video voyeurism of a minor),
17        (C) 2241 (aggravated sexual abuse),
18        (D) 2242 (sexual abuse),
19        (E) 2243 (sexual abuse of a minor or ward),
20        (F) 2244 (abusive sexual contact),
21        (G) 2245 (offenses resulting in death),
22        (H) 2251 (sexual exploitation of children),
23        (I) 2251A (selling or buying of children),
24        (J) 2252 (material involving the sexual exploitation
25    of minors),
26        (K) 2252A (material containing child pornography),

 

 

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1        (L) 2252B (misleading domain names on the Internet),
2        (M) 2252C (misleading words or digital images on the
3    Internet),
4        (N) 2260 (production of sexually explicit depictions
5    of a minor for import into the United States),
6        (O) 2421 (transportation of a minor for illegal sexual
7    activity),
8        (P) 2422 (coercion and enticement of a minor for
9    illegal sexual activity),
10        (Q) 2423 (transportation of minors for illegal sexual
11    activity, travel with the intent to engage in illicit
12    sexual conduct with a minor, engaging in illicit sexual
13    conduct in foreign places),
14        (R) 2424 (failure to file a factual statement about an
15    alien individual),
16        (S) 2425 (transmitting information about a minor to
17    further criminal sexual conduct),
18        (T) A violation of any former federal law substantially
19    equivalent to any offense in this subsection (C-1).
20    (C-5) A person at least 17 years of age at the time of the
21commission of the offense who is convicted of first degree
22murder under Section 9-1 of the Criminal Code of 1961 or the
23Criminal Code of 2012, against a person under 18 years of age,
24shall be required to register for natural life. A conviction
25for an offense of federal, Uniform Code of Military Justice,
26sister state, or foreign country law that is substantially

 

 

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1equivalent to any offense listed in subsection (C-5) of this
2Section shall constitute a conviction for the purpose of this
3Article. This subsection (C-5) applies to a person who
4committed the offense before June 1, 1996 if: (i) the person is
5incarcerated in an Illinois Department of Corrections facility
6on August 20, 2004 (the effective date of Public Act 93-977),
7or (ii) subparagraph (i) does not apply and the person is
8convicted of any felony after July 1, 2011, and paragraph (2.1)
9of subsection (c) of Section 3 of this Act applies.
10    (C-6) A person who is convicted or adjudicated delinquent
11of first degree murder as defined in Section 9-1 of the
12Criminal Code of 1961 or the Criminal Code of 2012, against a
13person 18 years of age or over, shall be required to register
14for his or her natural life. A conviction for an offense of
15federal, Uniform Code of Military Justice, sister state, or
16foreign country law that is substantially equivalent to any
17offense listed in subsection (C-6) of this Section shall
18constitute a conviction for the purpose of this Article. This
19subsection (C-6) does not apply to those individuals released
20from incarceration more than 10 years prior to January 1, 2012
21(the effective date of Public Act 97-154).
22    (D) As used in this Article, "law enforcement agency having
23jurisdiction" means the Chief of Police in each of the
24municipalities in which the sex offender expects to reside,
25work, or attend school (1) upon his or her discharge, parole or
26release or (2) during the service of his or her sentence of

 

 

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1probation or conditional discharge, or the Sheriff of the
2county, in the event no Police Chief exists or if the offender
3intends to reside, work, or attend school in an unincorporated
4area. "Law enforcement agency having jurisdiction" includes
5the location where out-of-state students attend school and
6where out-of-state employees are employed or are otherwise
7required to register.
8    (D-1) As used in this Article, "supervising officer" means
9the assigned Illinois Department of Corrections parole agent or
10county probation officer.
11    (E) As used in this Article, "sexual predator" means any
12person who, after July 1, 1999, is:
13        (1) Convicted for an offense, conspiracy to commit the
14    offense, or solicitation to commit the offense of federal,
15    Uniform Code of Military Justice, sister state, or foreign
16    country law that is substantially equivalent to any offense
17    listed in subsection (E) or (E-5) of this Section shall
18    constitute a conviction for the purpose of this Article.
19    Convicted of a violation or attempted violation of any of
20    the following Sections of the Criminal Code of 1961 or the
21    Criminal Code of 2012:
22            10-5.1 (luring of a minor),
23            11-14.4 that involves keeping a place of juvenile
24        prostitution, or 11-17.1 (keeping a place of juvenile
25        prostitution),
26            subdivision (a)(2) or (a)(3) of Section 11-14.4,

 

 

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1        or Section 11-19.1 (juvenile pimping),
2            subdivision (a)(4) of Section 11-14.4, or Section
3        11-19.2 (exploitation of a child),
4            11-20.1 (child pornography),
5            11-20.1B or 11-20.3 (aggravated child
6        pornography),
7            11-1.20 or 12-13 (criminal sexual assault),
8            11-1.30 or 12-14 (aggravated criminal sexual
9        assault),
10            11-1.40 or 12-14.1 (predatory criminal sexual
11        assault of a child),
12            11-1.60 or 12-16 (aggravated criminal sexual
13        abuse),
14            12-33 (ritualized abuse of a child);
15        (2) (blank);
16        (3) declared as a sexually dangerous person pursuant to
17    the Sexually Dangerous Persons Act or any substantially
18    similar federal, Uniform Code of Military Justice, sister
19    state, or foreign country law;
20        (4) found to be a sexually violent person pursuant to
21    the Sexually Violent Persons Commitment Act or any
22    substantially similar federal, Uniform Code of Military
23    Justice, sister state, or foreign country law;
24        (5) convicted of a second or subsequent offense which
25    requires registration pursuant to this Act. For purposes of
26    this paragraph (5), "convicted" shall include a conviction

 

 

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1    under any substantially similar Illinois, federal, Uniform
2    Code of Military Justice, sister state, or foreign country
3    law;
4        (6) (blank); or
5        (7) if the person was convicted of an offense set forth
6    in this subsection (E) on or before July 1, 1999, the
7    person is a sexual predator for whom registration is
8    required only when the person is convicted of a felony
9    offense after July 1, 2011, and paragraph (2.1) of
10    subsection (c) of Section 3 of this Act applies; or .
11        (8) a violation of any of the following Sections of
12    Title 18 of the U.S. Code:
13            2241 (aggravated sexual abuse),
14            2242 (sexual abuse),
15            2244 (abusive sexual contact).
16    (E-5) As used in this Article, "sexual predator" also means
17a person convicted of a violation or attempted violation,
18conspiracy to commit the offense, or solicitation to commit the
19offense of any of the following Sections of the Criminal Code
20of 1961 or the Criminal Code of 2012:
21        (1) Section 9-1 (first degree murder, when the victim
22    was a person under 18 years of age and the defendant was at
23    least 17 years of age at the time of the commission of the
24    offense, provided the offense was sexually motivated as
25    defined in Section 10 of the Sex Offender Management Board
26    Act);

 

 

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1        (2) Section 11-9.5 (sexual misconduct with a person
2    with a disability);
3        (3) when the victim is a person under 18 years of age,
4    the defendant is not a parent of the victim, the offense
5    was sexually motivated as defined in Section 10 of the Sex
6    Offender Management Board Act, and the offense was
7    committed on or after January 1, 1996: (A) Section 10-1
8    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
9    (C) Section 10-3 (unlawful restraint), and (D) Section
10    10-3.1 (aggravated unlawful restraint); and
11        (4) Section 10-5(b)(10) (child abduction committed by
12    luring or attempting to lure a child under the age of 16
13    into a motor vehicle, building, house trailer, or dwelling
14    place without the consent of the parent or lawful custodian
15    of the child for other than a lawful purpose and the
16    offense was committed on or after January 1, 1998, provided
17    the offense was sexually motivated as defined in Section 10
18    of the Sex Offender Management Board Act).
19    (E-10) As used in this Article, "sexual predator" also
20means a person required to register in another State due to a
21conviction, adjudication or other action of any court
22triggering an obligation to register as a sex offender, sexual
23predator, or substantially similar status under the laws of
24that State.
25    (F) As used in this Article, "out-of-state student" means
26any sex offender, as defined in this Section, or sexual

 

 

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1predator who is enrolled in Illinois, on a full-time or
2part-time basis, in any public or private educational
3institution, including, but not limited to, any secondary
4school, trade or professional institution, or institution of
5higher learning.
6    (G) As used in this Article, "out-of-state employee" means
7any sex offender, as defined in this Section, or sexual
8predator who works in Illinois, regardless of whether the
9individual receives payment for services performed, for a
10period of time of 10 or more days or for an aggregate period of
11time of 30 or more days during any calendar year. Persons who
12operate motor vehicles in the State accrue one day of
13employment time for any portion of a day spent in Illinois.
14    (H) As used in this Article, "school" means any public or
15private educational institution, including, but not limited
16to, any elementary or secondary school, trade or professional
17institution, or institution of higher education.
18    (I) As used in this Article, "fixed residence" means any
19and all places that a sex offender resides for an aggregate
20period of time of 5 or more days in a calendar year.
21    (J) As used in this Article, "Internet protocol address"
22means the string of numbers by which a location on the Internet
23is identified by routers or other computers connected to the
24Internet.
25    (K) As used in this Article, "temporary domicile" means any
26and all places where the sex offender resides for an aggregate

 

 

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1period of time of 3 or more days during any calendar year.
2    (L) As used in this Article, "conviction" means any
3conviction of an offense, an attempt to commit the offense,
4conspiracy to commit the offense, solicitation to commit the
5offense, or adjudication.
6(Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11;
796-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12;
897-1073, eff. 1-1-13; 97-1098, eff. 1-1-13; 97-1109, eff.
91-1-13; 97-1150, eff. 1-25-13.)
 
10    (730 ILCS 150/3)
11    Sec. 3. Duty to register.
12    (a) A sex offender, as defined in Section 2 of this Act, or
13sexual predator shall, within the time period prescribed in
14subsections (b) and (c), register in person and provide
15accurate information as required by the Department of State
16Police. Such information shall include a current photograph,
17current address, temporary domicile information (including
18address of temporary domicile and dates of temporary domicile),
19current place of employment, the sex offender's or sexual
20predator's telephone numbers (including land line telephone
21numbers, cellular telephone numbers, and voice over Internet
22Protocol numbers) telephone number, including cellular
23telephone number, the employer's telephone number, day labor
24employment information, school attended, all e-mail addresses,
25instant messaging identities, chat room identities, and other

 

 

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1Internet communications identities that the sex offender uses
2or plans to use, all Uniform Resource Locators (URLs)
3registered or used by the sex offender, all blogs and other
4Internet sites maintained by the sex offender or to which the
5sex offender has uploaded any content or posted any messages or
6information, extensions of the time period for registering as
7provided in this Article and, if an extension was granted, the
8reason why the extension was granted and the date the sex
9offender was notified of the extension. The information shall
10also include a copy of the terms and conditions of parole or
11release signed by the sex offender and given to the sex
12offender by his or her supervising officer or aftercare
13specialist, the county of conviction, license plate numbers and
14registration number for every land, aircraft, or watercraft
15vehicle owned or operated by registered in the name of the sex
16offender, the age of the sex offender at the time of the
17commission of the offense, the age of the victim at the time of
18the commission of the offense, and any distinguishing marks
19located on the body of the sex offender. The information shall
20also include any nicknames, aliases, pseudonyms, ethnic or
21tribal names by which the offender is commonly known. A
22photocopy of a valid driver's license or identification card
23must also be provided at the time of registration. Passports,
24immigration documents, and any occupational licenses shall
25also be submitted. A sex offender convicted under Section 11-6,
2611-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of

 

 

HB4091- 19 -LRB099 06496 RLC 26568 b

11961 or the Criminal Code of 2012 shall provide all Internet
2protocol (IP) addresses in his or her residence, registered in
3his or her name, accessible at his or her place of employment,
4or otherwise under his or her control or custody. If the sex
5offender is a child sex offender as defined in Section 11-9.3
6or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of
72012, the sex offender shall report to the registering agency
8whether he or she is living in a household with a child under
918 years of age who is not his or her own child, provided that
10his or her own child is not the victim of the sex offense. The
11sex offender or sexual predator shall register:
12        (1) with the chief of police in the municipality in
13    which he or she resides or is temporarily domiciled for a
14    period of time of 3 or more days, unless the municipality
15    is the City of Chicago, in which case he or she shall
16    register at the Chicago Police Department Headquarters; or
17        (2) with the sheriff in the county in which he or she
18    resides or is temporarily domiciled for a period of time of
19    3 or more days in an unincorporated area or, if
20    incorporated, no police chief exists.
21    If the sex offender or sexual predator is employed at or
22attends an institution of higher education, he or she shall
23also register:
24        (i) with:
25            (A) the chief of police in the municipality in
26        which he or she is employed at or attends an

 

 

HB4091- 20 -LRB099 06496 RLC 26568 b

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

 

 

HB4091- 21 -LRB099 06496 RLC 26568 b

1itinerary for travel, in the manner provided in Section 6 of
2this Act for notification to the law enforcement agency having
3jurisdiction of change of address.
4    Any person who lacks a fixed residence must report weekly,
5in person, with the sheriff's office of the county in which he
6or she is located in an unincorporated area, or with the chief
7of police in the municipality in which he or she is located.
8The agency of jurisdiction will document each weekly
9registration to include all the locations where the person has
10stayed during the past 7 days.
11    The sex offender or sexual predator shall provide accurate
12information as required by the Department of State Police. That
13information shall include the sex offender's or sexual
14predator's current place of employment.
15    (a-5) An out-of-state student or out-of-state employee
16shall, within 3 days after beginning school or employment in
17this State, register in person and provide accurate information
18as required by the Department of State Police. Such information
19will include current place of employment, school attended, and
20address in state of residence. A sex offender convicted under
21Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the
22Criminal Code of 1961 or the Criminal Code of 2012 shall
23provide all Internet protocol (IP) addresses in his or her
24residence, registered in his or her name, accessible at his or
25her place of employment, or otherwise under his or her control
26or custody. The out-of-state student or out-of-state employee

 

 

HB4091- 22 -LRB099 06496 RLC 26568 b

1shall register:
2        (1) with:
3            (A) the chief of police in the municipality in
4        which he or she attends school or is employed for a
5        period of time of 5 or more days or for an aggregate
6        period of time of more than 30 days during any calendar
7        year, unless the municipality is the City of Chicago,
8        in which case he or she shall register at the Chicago
9        Police Department Headquarters; or
10            (B) the sheriff in the county in which he or she
11        attends school or is employed for a period of time of 5
12        or more days or for an aggregate period of time of more
13        than 30 days during any calendar year in an
14        unincorporated area or, if incorporated, no police
15        chief exists; and
16        (2) with the public safety or security director of the
17    institution of higher education he or she is employed at or
18    attends for a period of time of 5 or more days or for an
19    aggregate period of time of more than 30 days during a
20    calendar year.
21    The registration fees shall only apply to the municipality
22or county of primary registration, and not to campus
23registration.
24    The out-of-state student or out-of-state employee shall
25provide accurate information as required by the Department of
26State Police. That information shall include the out-of-state

 

 

HB4091- 23 -LRB099 06496 RLC 26568 b

1student's current place of school attendance or the
2out-of-state employee's current place of employment.
3    (a-10) Any law enforcement agency registering sex
4offenders or sexual predators in accordance with subsections
5(a) or (a-5) of this Section shall forward to the Attorney
6General a copy of sex offender registration forms from persons
7convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
811-21 of the Criminal Code of 1961 or the Criminal Code of
92012, including periodic and annual registrations under
10Section 6 of this Act.
11    (b) Any sex offender, as defined in Section 2 of this Act,
12or sexual predator, regardless of any initial, prior, or other
13registration, shall, within 3 days of beginning school, or
14establishing a residence, place of employment, or temporary
15domicile in any county, register in person as set forth in
16subsection (a) or (a-5).
17    (c) The registration for any person required to register
18under this Article shall be as follows:
19        (1) Any person registered under the Habitual Child Sex
20    Offender Registration Act or the Child Sex Offender
21    Registration Act prior to January 1, 1996, shall be deemed
22    initially registered as of January 1, 1996; however, this
23    shall not be construed to extend the duration of
24    registration set forth in Section 7.
25        (2) Except as provided in subsection (c)(2.1) or
26    (c)(4), any person convicted or adjudicated prior to

 

 

HB4091- 24 -LRB099 06496 RLC 26568 b

1    January 1, 1996, whose liability for registration under
2    Section 7 has not expired, shall register in person prior
3    to January 31, 1996.
4        (2.1) A sex offender or sexual predator, who has never
5    previously been required to register under this Act, has a
6    duty to register if the person has been convicted of any
7    felony offense after July 1, 2011. A person who previously
8    was required to register under this Act for a period of 10
9    years and successfully completed that registration period
10    has a duty to register if: (i) the person has been
11    convicted of any felony offense after July 1, 2011, and
12    (ii) the offense for which the 10 year registration was
13    served currently requires a registration period of more
14    than 10 years. Notification of an offender's duty to
15    register under this subsection shall be pursuant to Section
16    5-7 of this Act.
17        (2.5) Except as provided in subsection (c)(4), any
18    person who has not been notified of his or her
19    responsibility to register shall be notified by a criminal
20    justice entity of his or her responsibility to register.
21    Upon notification the person must then register within 3
22    days of notification of his or her requirement to register.
23    Except as provided in subsection (c)(2.1), if notification
24    is not made within the offender's 10 year registration
25    requirement, and the Department of State Police determines
26    no evidence exists or indicates the offender attempted to

 

 

HB4091- 25 -LRB099 06496 RLC 26568 b

1    avoid registration, the offender will no longer be required
2    to register under this Act.
3        (3) Except as provided in subsection (c)(4), any person
4    convicted on or after January 1, 1996, shall register in
5    person within 3 days after the entry of the sentencing
6    order based upon his or her conviction.
7        (4) Any person unable to comply with the registration
8    requirements of this Article because he or she is confined,
9    institutionalized, or imprisoned in Illinois on or after
10    January 1, 1996, shall register in person within 3 days of
11    discharge, parole or release.
12        (5) The person shall provide positive identification
13    and documentation that substantiates proof of residence at
14    the registering address.
15        (6) The person shall pay a $100 initial registration
16    fee and a $100 annual renewal fee to the registering law
17    enforcement agency having jurisdiction. The registering
18    agency may waive the registration fee if it determines that
19    the person is indigent and unable to pay the registration
20    fee. Thirty-five dollars for the initial registration fee
21    and $35 of the annual renewal fee shall be retained and
22    used by the registering agency for official purposes.
23    Having retained $35 of the initial registration fee and $35
24    of the annual renewal fee, the registering agency shall
25    remit the remainder of the fee to State agencies within 30
26    days of receipt for deposit into the State funds as

 

 

HB4091- 26 -LRB099 06496 RLC 26568 b

1    follows:
2            (A) Five dollars of the initial registration fee
3        and $5 of the annual fee shall be remitted to the State
4        Treasurer who shall deposit the moneys into the Sex
5        Offender Management Board Fund under Section 19 of the
6        Sex Offender Management Board Act. Money deposited
7        into the Sex Offender Management Board Fund shall be
8        administered by the Sex Offender Management Board and
9        shall be used by the Board to comply with the
10        provisions of the Sex Offender Management Board Act.
11            (B) Thirty dollars of the initial registration fee
12        and $30 of the annual renewal fee shall be remitted to
13        the Department of State Police which shall deposit the
14        moneys into the Sex Offender Registration Fund and
15        shall be used by the Department of State Police to
16        maintain and update the Illinois State Police Sex
17        Offender Registry.
18            (C) Thirty dollars of the initial registration fee
19        and $30 of the annual renewal fee shall be remitted to
20        the Attorney General who shall deposit the moneys into
21        the Attorney General Sex Offender Awareness, Training,
22        and Education Fund. Moneys deposited into the Fund
23        shall be used by the Attorney General to administer the
24        I-SORT program and to alert and educate the public,
25        victims, and witnesses of their rights under various
26        victim notification laws and for training law

 

 

HB4091- 27 -LRB099 06496 RLC 26568 b

1        enforcement agencies, State's Attorneys, and medical
2        providers of their legal duties concerning the
3        prosecution and investigation of sex offenses.
4        The registering agency shall establish procedures to
5    document the receipt and remittance of the $100 initial
6    registration fee and $100 annual renewal fee.
7    (d) Within 3 days after obtaining or changing employment
8and, if employed on January 1, 2000, within 5 days after that
9date, a person required to register under this Section must
10report, in person to the law enforcement agency having
11jurisdiction, the business name and address where he or she is
12employed. If the person has multiple businesses or work
13locations, every business and work location must be reported to
14the law enforcement agency having jurisdiction.
15(Source: P.A. 97-155, eff 1-1-12; 97-333, eff. 8-12-11; 97-578,
16eff. 1-1-12; 97-1098, eff. 1-1-13; 97-1109, eff. 1-1-13;
1797-1150, eff. 1-25-13; 98-558, eff. 1-1-14; 98-612, eff.
1812-27-13.)
 
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 a sexually dangerous person or is a sexually violent
23person and is later released, or found to be no longer sexually
24dangerous or no longer a sexually violent person and
25discharged, or convicted of a violation of this Act or any

 

 

HB4091- 28 -LRB099 06496 RLC 26568 b

1federal failure to register offense or any other jurisdiction's
2registration Act after July 1, 2005, or is a sexual predator
3shall report in person to the law enforcement agency with whom
4he or she last registered no later than 90 days after the date
5of his or her last registration and every 90 days thereafter
6and at such other times at the request of the law enforcement
7agency not to exceed 4 times a year. Such sexually dangerous or
8sexually violent person must report all new or changed e-mail
9addresses, all new or changed instant messaging identities, all
10new or changed chat room identities, and all other new or
11changed Internet communications identities that the sexually
12dangerous or sexually violent person uses or plans to use, all
13new or changed Uniform Resource Locators (URLs) registered or
14used by the sexually dangerous or sexually violent person, and
15all new or changed blogs and other Internet sites maintained by
16the sexually dangerous or sexually violent person or to which
17the sexually dangerous or sexually violent person has uploaded
18any content or posted any messages or information. Any person
19who lacks a fixed residence must report weekly, in person, to
20the appropriate law enforcement agency where the sex offender
21is located. Any other person who is required to register under
22this Article who is convicted or adjudicated of a misdemeanor
23offense shall report in person to the appropriate law
24enforcement agency with whom he or she last registered within
25one year from the date of last registration and every year
26thereafter and at such other times at the request of the law

 

 

HB4091- 29 -LRB099 06496 RLC 26568 b

1enforcement agency not to exceed 4 times a year. Any other
2person who is required to register under this Article shall be
3required to register for a period of 25 years after conviction
4or adjudication if not confined to a penal institution,
5hospital, or any other institution or facility, and if
6confined, for a period of 25 years after parole, discharge or
7release from the facility. Any person required to register for
8a period of 25 years shall report in person to the law
9enforcement agency with whom he or she last registered no later
10than 6 months after the date of his or her last registration
11and every 6 months thereafter for the duration of his or her
12registration. If any person required to register under this
13Article lacks a fixed residence or temporary domicile, he or
14she must notify, in person, the agency of jurisdiction of his
15or her last known address within 3 days after ceasing to have a
16fixed residence and if the offender leaves the last
17jurisdiction of residence, he or she, must within 3 days after
18leaving register in person with the new agency of jurisdiction.
19If any other person required to register under this Article
20changes his or her residence address, place of employment,
21telephone number, cellular telephone number, or school, he or
22she shall report in person, to the law enforcement agency with
23whom he or she last registered, his or her new address, change
24in employment, telephone number, cellular telephone number, or
25school, all new or changed e-mail addresses, all new or changed
26instant messaging identities, all new or changed chat room

 

 

HB4091- 30 -LRB099 06496 RLC 26568 b

1identities, and all other new or changed Internet
2communications identities that the sex offender uses or plans
3to use, all new or changed Uniform Resource Locators (URLs)
4registered or used by the sex offender, and all new or changed
5blogs and other Internet sites maintained by the sex offender
6or to which the sex offender has uploaded any content or posted
7any messages or information, and register, in person, with the
8appropriate law enforcement agency within the time period
9specified in Section 3. If the sex offender is a child sex
10offender as defined in Section 11-9.3 or 11-9.4 of the Criminal
11Code of 1961 or the Criminal Code of 2012, the sex offender
12shall within 3 days after beginning to reside in a household
13with a child under 18 years of age who is not his or her own
14child, provided that his or her own child is not the victim of
15the sex offense, report that information to the registering law
16enforcement agency. The law enforcement agency shall, within 3
17days of the reporting in person by the person required to
18register under this Article, notify the Department of State
19Police of the new place of residence, change in employment,
20telephone number, cellular telephone number, or school.
21    If any person required to register under this Article
22intends to establish a residence or employment outside of the
23State of Illinois, at least 3 10 days before establishing that
24residence or employment, he or she shall report in person to
25the law enforcement agency with which he or she last registered
26of his or her out-of-state intended residence or employment.

 

 

HB4091- 31 -LRB099 06496 RLC 26568 b

1The law enforcement agency with which such person last
2registered shall, within 3 days after the reporting in person
3of the person required to register under this Article of an
4address or employment change, notify the Department of State
5Police. The Department of State Police shall forward such
6information to the out-of-state law enforcement agency having
7jurisdiction in the form and manner prescribed by the
8Department of State Police.
9(Source: P.A. 96-1094, eff. 1-1-11; 96-1104, eff. 1-1-11;
1097-333, eff. 8-12-11; 97-1150, eff. 1-25-13.)
 
11    (730 ILCS 150/7)  (from Ch. 38, par. 227)
12    Sec. 7. Duration of registration. A person who has been
13adjudicated to be sexually dangerous and is later released or
14found to be no longer sexually dangerous and discharged, shall
15register for the period of his or her natural life. A sexually
16violent person or sexual predator shall register for the period
17of his or her natural life after conviction or adjudication if
18not confined to a penal institution, hospital, or other
19institution or facility, and if confined, for the period of his
20or her natural life after parole, discharge, or release from
21any such facility. A person who becomes subject to registration
22under paragraph (2.1) of subsection (c) of Section 3 of this
23Article who has previously been subject to registration under
24this Article shall register for the period currently required
25for the offense for which the person was previously registered

 

 

HB4091- 32 -LRB099 06496 RLC 26568 b

1if not confined to a penal institution, hospital, or other
2institution or facility, and if confined, for the same period
3after parole, discharge, or release from any such facility.
4Except as otherwise provided in this Section, a person who
5becomes subject to registration under this Article who has
6previously been subject to registration under this Article or
7under the Murderer and Violent Offender Against Youth
8Registration Act or similar registration requirements of other
9jurisdictions shall register for the period of his or her
10natural life if not confined to a penal institution, hospital,
11or other institution or facility, and if confined, for the
12period of his or her natural life after parole, discharge, or
13release from any such facility. Any other person who is
14required to register under this Article who is convicted or
15adjudicated of a misdemeanor sex offense shall be required to
16register for a period of 15 10 years after conviction or
17adjudication if not confined to a penal institution, hospital
18or any other institution or facility, and if confined, for a
19period of 15 10 years after parole, discharge or release from
20any such facility. Any other person who is required to register
21under this Article shall be required to register for a period
22of 25 years after conviction or adjudication if not confined to
23a penal institution, hospital, or any other institution or
24facility, and if confined, for a period of 25 years after
25parole, discharge, or release from the facility. Any person
26required to register for a period of 25 years shall report in

 

 

HB4091- 33 -LRB099 06496 RLC 26568 b

1person to the law enforcement agency with whom he or she last
2registered no later than 6 months after the date of his or her
3last registration and every 6 months thereafter for the
4duration of his or her registration. A sex offender who is
5allowed to leave a county, State, or federal facility for the
6purposes of work release, education, or overnight visitations
7shall be required to register within 3 days of beginning such a
8program. Liability for registration terminates at the
9expiration of 10 years from the date of conviction or
10adjudication if not confined to a penal institution, hospital
11or any other institution or facility and if confined, at the
12expiration of 10 years from the date of parole, discharge or
13release from any such facility, providing such person does not,
14during that period, again become liable to register under the
15provisions of this Article. Reconfinement due to a violation of
16parole or other circumstances that relates to the original
17conviction or adjudication shall extend the period of
18registration to 10 years after final parole, discharge, or
19release. Reconfinement due to a violation of parole, a
20conviction reviving registration, or other circumstances that
21do not relate to the original conviction or adjudication shall
22toll the running of the balance of the 10-year period of
23registration, which shall not commence running until after
24final parole, discharge, or release. The Director of State
25Police, consistent with administrative rules, shall extend for
2610 years the registration period of any sex offender, as

 

 

HB4091- 34 -LRB099 06496 RLC 26568 b

1defined in Section 2 of this Act, who fails to comply with the
2provisions of this Article. The registration period for any sex
3offender who is convicted of a violation of this Act, federal
4registration laws, or any jurisdiction's registration laws
5shall register for the period of his or her natural life after
6conviction or adjudication for the violation if not confined to
7a penal institution, hospital, or other institution or
8facility, and if confined, for the period of his or her natural
9life after parole, discharge, or release from the facility.
10fails to comply with any provision of the Act shall extend the
11period of registration by 10 years beginning from the first
12date of registration after the violation. If the registration
13period is extended, the Department of State Police shall send a
14registered letter to the law enforcement agency where the sex
15offender resides within 3 days after the extension of the
16registration period. The sex offender shall report to that law
17enforcement agency and sign for that letter. One copy of that
18letter shall be kept on file with the law enforcement agency of
19the jurisdiction where the sex offender resides and one copy
20shall be returned to the Department of State Police.
21(Source: P.A. 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; 97-813,
22eff. 7-13-12.)
 
23    (730 ILCS 150/8)  (from Ch. 38, par. 228)
24    Sec. 8. Registration and DNA submission requirements.
25    (a) Registration. Registration as required by this Article

 

 

HB4091- 35 -LRB099 06496 RLC 26568 b

1shall consist of a statement in writing signed by the person
2giving the information that is required by the Department of
3State Police, which shall may include the fingerprints, palm
4prints (subject to appropriation of funding by the General
5Assembly) and must include a current photograph of the person,
6to be updated at each registration annually. If the sex
7offender is a child sex offender as defined in Section 11-9.3
8or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of
92012, he or she shall sign a statement that he or she
10understands that according to Illinois law as a child sex
11offender he or she may not reside within 500 feet of a school,
12park, or playground. The offender may also not reside within
13500 feet of a facility providing services directed exclusively
14toward persons under 18 years of age unless the sex offender
15meets specified exemptions. The registration information must
16include whether the person is a sex offender as defined in the
17Sex Offender Community Notification Law. Within 3 days, the
18registering law enforcement agency shall forward any required
19information to the Department of State Police. The registering
20law enforcement agency shall enter the information into the Law
21Enforcement Agencies Data System (LEADS) as provided in
22Sections 6 and 7 of the Intergovernmental Missing Child
23Recovery Act of 1984.
24    (b) DNA submission. Every person registering as a sex
25offender _pursuant to this Act, regardless of the date of
26conviction or the date of initial registration who is required

 

 

HB4091- 36 -LRB099 06496 RLC 26568 b

1to submit specimens of blood, saliva, or tissue for DNA
2analysis as required by subsection (a) of Section 5-4-3 of the
3Unified Code of Corrections shall submit the specimens as
4required by that Section. Registered sex offenders who have
5previously submitted a DNA specimen which has been uploaded to
6the Illinois DNA database shall not be required to submit an
7additional specimen pursuant to this Section.
8(Source: P.A. 97-383, eff. 1-1-12; 97-1150, eff. 1-25-13.)
 
9    (730 ILCS 150/10.1 new)
10    Sec. 10.1. Non-compliant sex offenders.
11    (a) If the registering law enforcement agency determines a
12sex offender or juvenile sex offender to be non-compliant with
13the registration requirements under this Act, the agency shall:
14        (1) Update LEADS to reflect the sex offender or
15    juvenile sex offender's non-compliant status.
16        (2) Notify the Department of State Police within 3
17    calendar days of determining a sex offender or juvenile sex
18    offender is non-compliant.
19        (3) Make reasonable efforts to locate the
20    non-compliant sex offender or juvenile sex offender.
21        (4) If unsuccessful in locating the non-compliant sex
22    offender or juvenile sex offender, attempt to secure an
23    arrest warrant based on his or her failure to comply with
24    requirements of this Act and enter the sex offender or
25    juvenile sex offender into the National Crime Information

 

 

HB4091- 37 -LRB099 06496 RLC 26568 b

1    Center Wanted Person File.
2    (b) The Department of State Police must, within 3 calendar
3days of receiving notice of a non-compliant sex offender or
4juvenile sex offender:
5        (1) Ensure that the sex offender or juvenile sex
6    offender's status in LEADS is updated to reflect his or her
7    non-compliant status.
8        (2) Provide notice to the United States Marshals
9    Service of the sex offender or juvenile sex offender's
10    non-compliance and any identifying information as may be
11    requested by the United States Marshals Service.
12        (3) Provide assistance to Illinois law enforcement
13    agencies to locate and apprehend non-compliant sex
14    offenders.
15        (4) Update the Public Adam Walsh Sex Offender Registry
16    regarding sex offenders or registry-mandated juvenile sex
17    offenders.
18        (5) Send updated information to the National Sex
19    Offender Registry regarding sex offenders or
20    registry-mandated juvenile sex offenders.
21    (c) If the Department of State Police receives notice from
22another jurisdiction that a sex offender or juvenile sex
23offender intends to reside, be employed, or attend school in
24Illinois and that offender fails to register as required in
25this Act, the Department of State Police must inform the
26jurisdiction that provided the notification that the sex

 

 

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1offender failed to appear for registration.
 
2    (730 ILCS 150/11)
3    Sec. 11. Sex offender registration fund. There is created
4the Sex Offender Registration Fund. Moneys in the Fund shall be
5used to cover costs incurred by the criminal justice system to
6administer this Article. The Department of State Police shall
7establish and promulgate rules and procedures regarding the
8administration of this Fund. The moneys deposited into this
9Fund shall be used by the Department of State Police to
10maintain and update the Illinois State Police Sex Offender
11Registry and Fifty percent of the moneys in the Fund shall be
12allocated by the Department for sheriffs' offices and police
13departments. The remaining moneys in the Fund shall be
14allocated to the Illinois State Police Sex Offender
15Registration Unit for education and administration of any
16Section of the Act.
17(Source: P.A. 93-979, eff. 8-20-04.)
 
18    Section 10. The Child Murderer and Violent Offender Against
19Youth Registration Act is amended by changing Section 5 as
20follows:
 
21    (730 ILCS 154/5)
22    Sec. 5. Definitions.
23    (a) As used in this Act, "violent offender against youth"

 

 

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1means any person who is:
2        (1) charged pursuant to Illinois law, or any
3    substantially similar federal, Uniform Code of Military
4    Justice, sister state, or foreign country law, with a
5    violent offense against youth set forth in subsection (b)
6    of this Section or the attempt to commit an included
7    violent offense against youth, and:
8            (A) is convicted of such offense or an attempt to
9        commit such offense; or
10            (B) is found not guilty by reason of insanity of
11        such offense or an attempt to commit such offense; or
12            (C) is found not guilty by reason of insanity
13        pursuant to subsection (c) of Section 104-25 of the
14        Code of Criminal Procedure of 1963 of such offense or
15        an attempt to commit such offense; or
16            (D) is the subject of a finding not resulting in an
17        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 commission
20        or attempted commission of such offense; or
21            (E) is found not guilty by reason of insanity
22        following a hearing conducted pursuant to a federal,
23        Uniform Code of Military Justice, sister state, or
24        foreign country law substantially similar to
25        subsection (c) of Section 104-25 of the Code of
26        Criminal Procedure of 1963 of such offense or of the

 

 

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1        attempted commission of such offense; or
2            (F) is the subject of a finding not resulting in an
3        acquittal at a hearing conducted pursuant to a federal,
4        Uniform Code of Military Justice, sister state, or
5        foreign country law substantially similar to
6        subsection (c) of Section 104-25 of the Code of
7        Criminal Procedure of 1963 for the alleged violation or
8        attempted commission of such offense; or
9        (2) adjudicated a juvenile delinquent as the result of
10    committing or attempting to commit an act which, if
11    committed by an adult, would constitute any of the offenses
12    specified in subsection (b) or (c-5) of this Section or a
13    violation of any substantially similar federal, Uniform
14    Code of Military Justice, sister state, or foreign country
15    law, or found guilty under Article V of the Juvenile Court
16    Act of 1987 of committing or attempting to commit an act
17    which, if committed by an adult, would constitute any of
18    the offenses specified in subsection (b) or (c-5) of this
19    Section or a violation of any substantially similar
20    federal, Uniform Code of Military Justice, sister state, or
21    foreign country law.
22    Convictions that result from or are connected with the same
23act, or result from offenses committed at the same time, shall
24be counted for the purpose of this Act as one conviction. Any
25conviction set aside pursuant to law is not a conviction for
26purposes of this Act.

 

 

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1     For purposes of this Section, "convicted" shall have the
2same meaning as "adjudicated". For the purposes of this Act, a
3person who is defined as a violent offender against youth as a
4result of being adjudicated a juvenile delinquent under
5paragraph (2) of this subsection (a) upon attaining 17 years of
6age shall be considered as having committed the violent offense
7against youth on or after the 17th birthday of the violent
8offender against youth. Registration of juveniles upon
9attaining 17 years of age shall not extend the original
10registration of 10 years from the date of conviction.
11    (b) As used in this Act, "violent offense against youth"
12means:
13        (1) (Blank). A violation of any of the following
14    Sections of the Criminal Code of 1961 or the Criminal Code
15    of 2012, when the victim is a person under 18 years of age
16    and the offense was committed on or after January 1, 1996:
17            10-1 (kidnapping),
18            10-2 (aggravated kidnapping),
19            10-3 (unlawful restraint),
20            10-3.1 (aggravated unlawful restraint).
21            An attempt to commit any of these offenses.
22        (2) First degree murder under Section 9-1 of the
23    Criminal Code of 1961 or the Criminal Code of 2012, when
24    the victim was a person under 18 years of age and the
25    defendant was at least 17 years of age at the time of the
26    commission of the offense.

 

 

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1        (3) (Blank). Child abduction under paragraph (10) of
2    subsection (b) of Section 10-5 of the Criminal Code of 1961
3    or the Criminal Code of 2012 committed by luring or
4    attempting to lure a child under the age of 16 into a motor
5    vehicle, building, house trailer, or dwelling place
6    without the consent of the parent or lawful custodian of
7    the child for other than a lawful purpose and the offense
8    was committed on or after January 1, 1998.
9        (4) A violation or attempted violation of the following
10    Section of the Criminal Code of 1961 or the Criminal Code
11    of 2012 when the offense was committed on or after July 1,
12    1999:
13            10-4 (forcible detention, if the victim is under 18
14        years of age).
15        (4.1) Involuntary manslaughter under Section 9-3 of
16    the Criminal Code of 1961 or the Criminal Code of 2012
17    where baby shaking was the proximate cause of death of the
18    victim of the offense.
19        (4.2) Endangering the life or health of a child under
20    Section 12-21.6 or 12C-5 of the Criminal Code of 1961 or
21    the Criminal Code of 2012 that results in the death of the
22    child where baby shaking was the proximate cause of the
23    death of the child.
24        (4.3) Domestic battery resulting in bodily harm under
25    Section 12-3.2 of the Criminal Code of 1961 or the Criminal
26    Code of 2012 when the defendant was 18 years or older and

 

 

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1    the victim was under 18 years of age and the offense was
2    committed on or after July 26, 2010.
3        (4.4) A violation or attempted violation of any of the
4    following Sections or clauses of the Criminal Code of 1961
5    or the Criminal Code of 2012 when the victim was under 18
6    years of age and the offense was committed on or after (1)
7    July 26, 2000 if the defendant was 18 years of age or older
8    or (2) July 26, 2010 and the defendant was under the age of
9    18:
10            12-3.3 (aggravated domestic battery),
11            12-3.05(a)(1), 12-3.05(d)(2), 12-3.05(f)(1),
12        12-4(a), 12-4(b)(1), or 12-4(b)(14) (aggravated
13        battery),
14            12-3.05(a)(2) or 12-4.1 (heinous battery),
15            12-3.05(b) or 12-4.3 (aggravated battery of a
16        child),
17            12-3.1(a-5) or 12-4.4 (aggravated battery of an
18        unborn child),
19            12-33 (ritualized abuse of a child).
20        (4.5) A violation or attempted violation of any of the
21    following Sections of the Criminal Code of 1961 or the
22    Criminal Code of 2012 when the victim was under 18 years of
23    age and the offense was committed on or after (1) August 1,
24    2001 if the defendant was 18 years of age or older or (2)
25    August 1, 2011 and the defendant was under the age of 18:
26            12-3.05(e)(1), (2), (3), or (4) or 12-4.2

 

 

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1        (aggravated battery with a firearm),
2            12-3.05(e)(5), (6), (7), or (8) or 12-4.2-5
3        (aggravated battery with a machine gun),
4            12-11 or 19-6 (home invasion).
5        (5) A violation of any former law of this State
6    substantially equivalent to any offense listed in this
7    subsection (b).
8    (b-5) For the purposes of this Section, "first degree
9murder of an adult" means first degree murder under Section 9-1
10of the Criminal Code of 1961 or the Criminal Code of 2012 when
11the victim was a person 18 years of age or older at the time of
12the commission of the offense.
13    (c) A conviction for an offense of federal law, Uniform
14Code of Military Justice, or the law of another state or a
15foreign country that is substantially equivalent to any offense
16listed in subsections (b) and (c-5) of this Section shall
17constitute a conviction for the purpose of this Act.
18    (c-5) A person at least 17 years of age at the time of the
19commission of the offense who is convicted of first degree
20murder under Section 9-1 of the Criminal Code of 1961 or the
21Criminal Code of 2012, against a person under 18 years of age,
22shall be required to register for natural life. A conviction
23for an offense of federal, Uniform Code of Military Justice,
24sister state, or foreign country law that is substantially
25equivalent to any offense listed in this subsection (c-5) shall
26constitute a conviction for the purpose of this Act. This

 

 

HB4091- 45 -LRB099 06496 RLC 26568 b

1subsection (c-5) applies to a person who committed the offense
2before June 1, 1996 only if the person is incarcerated in an
3Illinois Department of Corrections facility on August 20, 2004.
4    (c-6) A person who is convicted or adjudicated delinquent
5of first degree murder of an adult shall be required to
6register for a period of 10 years after conviction or
7adjudication if not confined to a penal institution, hospital,
8or any other institution or facility, and if confined, for a
9period of 10 years after parole, discharge, or release from any
10such facility. A conviction for an offense of federal, Uniform
11Code of Military Justice, sister state, or foreign country law
12that is substantially equivalent to any offense listed in
13subsection (c-6) of this Section shall constitute a conviction
14for the purpose of this Act. This subsection (c-6) does not
15apply to those individuals released from incarceration more
16than 10 years prior to January 1, 2012 (the effective date of
17Public Act 97-154).
18    (c-7) The registration of a person who was registered under
19this Act before the effective date of this amendatory Act of
20the 99th General Assembly for the commission of the offense of
21kidnapping, aggravated kidnaping, unlawful restraint, or
22aggravated unlawful restraint when the victim was a person
23under 18 years of age or for child abduction committed by
24luring or attempting to lure a child under the age of 16 into a
25motor vehicle, building, house trailer, or dwelling place
26without the consent of the parent or lawful custodian of the

 

 

HB4091- 46 -LRB099 06496 RLC 26568 b

1child for other than a lawful purpose, shall be transferred to
2the Sex Offender Registry created under the Sex Offender
3Registration Act on the effective date of this amendatory Act
4of the 99th General Assembly. On and after the effective date
5of this amendatory Act of the 99th General Assembly,
6registration of a person who commits any of the offenses
7described in this subsection (c-7) shall be under the Sex
8Offender Registration Act and not this Act.
9    (d) As used in this Act, "law enforcement agency having
10jurisdiction" means the Chief of Police in each of the
11municipalities in which the violent offender against youth
12expects to reside, work, or attend school (1) upon his or her
13discharge, parole or release or (2) during the service of his
14or her sentence of probation or conditional discharge, or the
15Sheriff of the county, in the event no Police Chief exists or
16if the offender intends to reside, work, or attend school in an
17unincorporated area. "Law enforcement agency having
18jurisdiction" includes the location where out-of-state
19students attend school and where out-of-state employees are
20employed or are otherwise required to register.
21    (e) As used in this Act, "supervising officer" means the
22assigned Illinois Department of Corrections parole agent or
23county probation officer.
24    (f) As used in this Act, "out-of-state student" means any
25violent offender against youth who is enrolled in Illinois, on
26a full-time or part-time basis, in any public or private

 

 

HB4091- 47 -LRB099 06496 RLC 26568 b

1educational institution, including, but not limited to, any
2secondary school, trade or professional institution, or
3institution of higher learning.
4    (g) As used in this Act, "out-of-state employee" means any
5violent offender against youth who works in Illinois,
6regardless of whether the individual receives payment for
7services performed, for a period of time of 10 or more days or
8for an aggregate period of time of 30 or more days during any
9calendar year. Persons who operate motor vehicles in the State
10accrue one day of employment time for any portion of a day
11spent in Illinois.
12    (h) As used in this Act, "school" means any public or
13private educational institution, including, but not limited
14to, any elementary or secondary school, trade or professional
15institution, or institution of higher education.
16    (i) As used in this Act, "fixed residence" means any and
17all places that a violent offender against youth resides for an
18aggregate period of time of 5 or more days in a calendar year.
19    (j) As used in this Act, "baby shaking" means the vigorous
20shaking of an infant or a young child that may result in
21bleeding inside the head and cause one or more of the following
22conditions: irreversible brain damage; blindness, retinal
23hemorrhage, or eye damage; cerebral palsy; hearing loss; spinal
24cord injury, including paralysis; seizures; learning
25disability; central nervous system injury; closed head injury;
26rib fracture; subdural hematoma; or death.

 

 

HB4091- 48 -LRB099 06496 RLC 26568 b

1(Source: P.A. 96-1115, eff. 1-1-11; 96-1294, eff. 7-26-10;
297-154, eff. 1-1-12; 97-333, eff. 8-12-11; 97-432, eff.
38-16-11; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
4eff. 1-25-13.)
 
5    Section 99. Effective date. This Act takes effect January
61, 2016.