Full Text of HB2067 94th General Assembly
HB2067ham001 94TH GENERAL ASSEMBLY
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Rep. Annazette Collins
Filed: 2/22/2006
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09400HB2067ham001 |
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LRB094 03028 RLC 56205 a |
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| AMENDMENT TO HOUSE BILL 2067
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| AMENDMENT NO. ______. Amend House Bill 2067 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Sex Offender Registration Act is amended by | 5 |
| changing Sections 2 and 3 and by adding Section 3-5 as follows:
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| (730 ILCS 150/2) (from Ch. 38, par. 222)
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| Sec. 2. Definitions.
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| (A) As used in this Article, "sex offender" means any | 9 |
| person who is:
| 10 |
| (1) charged pursuant to Illinois law, or any | 11 |
| substantially similar
federal, Uniform Code of Military | 12 |
| Justice, sister state, or foreign country
law,
with a sex | 13 |
| offense set forth
in subsection (B) of this Section or the | 14 |
| attempt to commit an included sex
offense, and:
| 15 |
| (a) is convicted of such offense or an attempt to | 16 |
| commit such offense;
or
| 17 |
| (b) is found not guilty by reason of insanity of | 18 |
| such offense or an
attempt to commit such offense; or
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| (c) is found not guilty by reason of insanity | 20 |
| pursuant to Section
104-25(c) of the Code of Criminal | 21 |
| Procedure of 1963 of such offense or an
attempt to | 22 |
| commit such offense; or
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| (d) is the subject of a finding not resulting in an | 24 |
| acquittal at a
hearing conducted pursuant to Section |
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| 104-25(a) of the Code of Criminal
Procedure of 1963 for | 2 |
| the alleged commission or attempted commission of such
| 3 |
| offense; or
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| (e) is found not guilty by reason of insanity | 5 |
| following a hearing
conducted pursuant to a federal, | 6 |
| Uniform Code of Military Justice, sister
state, or | 7 |
| foreign country law
substantially similar to Section | 8 |
| 104-25(c) of the Code of Criminal Procedure
of 1963 of | 9 |
| such offense or of the attempted commission of such | 10 |
| offense; or
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| (f) is the subject of a finding not resulting in an | 12 |
| acquittal at a
hearing conducted pursuant to a federal, | 13 |
| Uniform Code of Military Justice,
sister state, or | 14 |
| foreign country law
substantially similar to Section | 15 |
| 104-25(a) of the Code of Criminal Procedure
of 1963 for | 16 |
| the alleged violation or attempted commission of such | 17 |
| offense;
or
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| (2) certified as a sexually dangerous person pursuant | 19 |
| to the Illinois
Sexually Dangerous Persons Act, or any | 20 |
| substantially similar federal, Uniform
Code of Military | 21 |
| Justice, sister
state, or foreign country law; or
| 22 |
| (3) subject to the provisions of Section 2 of the | 23 |
| Interstate
Agreements on Sexually Dangerous Persons Act; | 24 |
| or
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| (4) found to be a sexually violent person pursuant to | 26 |
| the Sexually
Violent Persons Commitment Act or any | 27 |
| substantially similar federal, Uniform
Code of Military | 28 |
| Justice, sister
state, or foreign country law; or
| 29 |
| (5) adjudicated a juvenile delinquent as the result of | 30 |
| committing or
attempting to commit an act which, if | 31 |
| committed by an adult, would constitute
any of the offenses | 32 |
| specified in item (B), (C), or (C-5) of this Section or a
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| violation of any substantially similar federal, Uniform | 34 |
| Code of Military
Justice, sister state, or foreign
country |
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| law, or found guilty under Article V of the Juvenile Court | 2 |
| Act of 1987
of committing or attempting to commit an act | 3 |
| which, if committed by an adult,
would constitute any of | 4 |
| the offenses specified in item (B), (C), or (C-5) of
this | 5 |
| Section or a violation of any substantially similar | 6 |
| federal, Uniform Code
of Military Justice, sister state,
or | 7 |
| foreign country law.
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| Convictions that result from or are connected with the same | 9 |
| act, or result
from offenses committed at the same time, shall | 10 |
| be counted for the purpose of
this Article as one conviction. | 11 |
| Any conviction set aside pursuant to law is
not a conviction | 12 |
| for purposes of this Article.
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|
For purposes of this Section, "convicted" shall have the | 14 |
| same meaning as
"adjudicated". For the purposes of this | 15 |
| Article, a person who is defined as a sex offender as a result | 16 |
| of being adjudicated a juvenile delinquent under paragraph (5) | 17 |
| of this subsection (A) upon attaining 17 years of age shall be | 18 |
| considered as having committed the sex offense on or after the | 19 |
| sex offender's 17th birthday. Registration of juveniles upon | 20 |
| attaining 17 years of age shall not extend the original | 21 |
| registration of 10 years from the date of conviction.
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| (B) As used in this Article, "sex offense" means:
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| (1) A violation of any of the following Sections of the | 24 |
| Criminal Code of
1961:
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| 11-20.1 (child pornography),
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| 11-6 (indecent solicitation of a child),
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| 11-9.1 (sexual exploitation of a child),
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| 11-9.2 (custodial sexual misconduct),
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| 11-15.1 (soliciting for a juvenile prostitute),
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| 11-18.1 (patronizing a juvenile prostitute),
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| 11-17.1 (keeping a place of juvenile | 32 |
| prostitution),
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| 11-19.1 (juvenile pimping),
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| 11-19.2 (exploitation of a child),
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| 12-13 (criminal sexual assault ) ,
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| 12-14 (aggravated criminal sexual assault),
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| 12-14.1 (predatory criminal sexual assault of a | 4 |
| child),
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| 12-15 (criminal sexual abuse),
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| 12-16 (aggravated criminal sexual abuse),
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| 12-33 (ritualized abuse of a child).
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| An attempt to commit any of these offenses.
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| (1.5) A violation of any of the following Sections of | 10 |
| the
Criminal Code of 1961, when the victim is a person | 11 |
| under 18 years of age, the
defendant is not a parent of the | 12 |
| victim, and the offense was committed on or
after January | 13 |
| 1, 1996:
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| 10-1 (kidnapping),
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| 10-2 (aggravated kidnapping),
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| 10-3 (unlawful restraint),
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| 10-3.1 (aggravated unlawful restraint).
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| An attempt to commit any of these offenses.
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| (1.6) First degree murder under Section 9-1 of the | 20 |
| Criminal Code of 1961,
when the victim was a person under | 21 |
| 18 years of age and the defendant was at least
17 years of | 22 |
| age at the time of the commission of the offense.
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| (1.7) (Blank).
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| (1.8) A violation or attempted violation of Section | 25 |
| 11-11 (sexual
relations within families) of the Criminal | 26 |
| Code of 1961, and the offense was committed on or after
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| June 1, 1997.
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| (1.9) Child abduction under paragraph (10) of | 29 |
| subsection
(b) of Section 10-5 of the Criminal Code of 1961 | 30 |
| committed by luring or
attempting to lure a child under the | 31 |
| age of 16 into a motor vehicle, building,
house trailer, or | 32 |
| dwelling place without the consent of the parent or lawful
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| custodian of the child for other than a lawful purpose and | 34 |
| the offense was
committed on or after January 1, 1998.
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| (1.10) A violation or attempted violation of any of the | 2 |
| following Sections
of the Criminal Code of 1961 when the | 3 |
| offense was committed on or after July
1, 1999:
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| 10-4 (forcible detention, if the victim is under 18 | 5 |
| years of age),
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| 11-6.5 (indecent solicitation of an adult),
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| 11-15 (soliciting for a prostitute, if the victim | 8 |
| is under 18 years
of age),
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| 11-16 (pandering, if the victim is under 18 years | 10 |
| of age),
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| 11-18 (patronizing a prostitute, if the victim is | 12 |
| under 18 years
of age),
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| 11-19 (pimping, if the victim is under 18 years of | 14 |
| age).
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| (1.11) A violation or attempted violation of any of the | 16 |
| following
Sections of the Criminal Code of 1961 when the | 17 |
| offense was committed on or
after August 22, 2002:
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| 11-9 (public indecency for a third or subsequent | 19 |
| conviction).
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| (1.12) A violation or attempted violation of Section
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| 5.1 of the Wrongs to Children Act (permitting sexual abuse) | 22 |
| when the
offense was committed on or after August 22, 2002.
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| (2) A violation of any former law of this State | 24 |
| substantially equivalent
to any offense listed in | 25 |
| subsection (B) of this Section.
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| (C) A conviction for an offense of federal law, Uniform | 27 |
| Code of Military
Justice, or the law of another state
or a | 28 |
| foreign country that is substantially equivalent to any offense | 29 |
| listed
in subsections (B), (C), and (E) of this Section shall
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| constitute a
conviction for the purpose
of this Article. A | 31 |
| finding or adjudication as a sexually dangerous person
or a | 32 |
| sexually violent person under any federal law, Uniform Code of | 33 |
| Military
Justice, or the law of another state or
foreign | 34 |
| country that is substantially equivalent to the Sexually |
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| Dangerous
Persons Act or the Sexually Violent Persons | 2 |
| Commitment Act shall constitute an
adjudication for the | 3 |
| purposes of this Article.
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| (C-5) A person at least 17 years of age at the time of the | 5 |
| commission of
the offense who is convicted of first degree | 6 |
| murder under Section 9-1 of the
Criminal Code of 1961, against | 7 |
| a person
under 18 years of age, shall be required to register
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| for natural life.
A conviction for an offense of federal, | 9 |
| Uniform Code of Military Justice,
sister state, or foreign | 10 |
| country law that is substantially equivalent to any
offense | 11 |
| listed in subsection (C-5) of this Section shall constitute a
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| conviction for the purpose of this Article. This subsection | 13 |
| (C-5) applies to a person who committed the offense before June | 14 |
| 1, 1996 only if the person is incarcerated in an Illinois | 15 |
| Department of Corrections facility on August 20, 2004 (the | 16 |
| effective date of Public Act 93-977).
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| (D) As used in this Article, "law enforcement agency having | 18 |
| jurisdiction"
means the Chief of Police in each of the | 19 |
| municipalities in which the sex offender
expects to reside, | 20 |
| work, or attend school (1) upon his or her discharge,
parole or | 21 |
| release or
(2) during the service of his or her sentence of | 22 |
| probation or conditional
discharge, or the Sheriff of the | 23 |
| county, in the event no Police Chief exists
or if the offender | 24 |
| intends to reside, work, or attend school in an
unincorporated | 25 |
| area.
"Law enforcement agency having jurisdiction" includes | 26 |
| the location where
out-of-state students attend school and | 27 |
| where out-of-state employees are
employed or are otherwise | 28 |
| required to register.
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| (D-1) As used in this Article, "supervising officer" means | 30 |
| the assigned Illinois Department of Corrections parole agent or | 31 |
| county probation officer. | 32 |
| (E) As used in this Article, "sexual predator" means any | 33 |
| person who,
after July 1, 1999, is:
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| (1) Convicted for an offense of federal, Uniform Code |
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| of Military
Justice, sister state, or foreign country law | 2 |
| that is substantially equivalent
to any offense listed in | 3 |
| subsection (E) of this Section shall constitute a
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| conviction for the purpose of this Article.
Convicted of a | 5 |
| violation or attempted violation of any of the following
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| Sections of the
Criminal Code of 1961, if the conviction | 7 |
| occurred after July
1, 1999:
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| 11-17.1 (keeping a place of juvenile | 9 |
| prostitution),
| 10 |
| 11-19.1 (juvenile pimping),
| 11 |
| 11-19.2 (exploitation of a child),
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| 11-20.1 (child pornography),
| 13 |
| 12-13 (criminal sexual assault ) ,
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| 12-14 (aggravated criminal sexual assault),
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| 12-14.1 (predatory criminal sexual assault of a | 16 |
| child),
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| 12-16 (aggravated criminal sexual abuse),
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| 12-33 (ritualized abuse of a child); or
| 19 |
| (2) convicted of first degree murder under Section 9-1 | 20 |
| of the Criminal
Code of 1961, when the victim was a person | 21 |
| under 18 years of age and the
defendant was at least 17 | 22 |
| years of age at the time of the commission of the
offense; | 23 |
| or
| 24 |
| (3) certified as a sexually dangerous person pursuant | 25 |
| to the Sexually
Dangerous Persons Act or any substantially | 26 |
| similar federal, Uniform Code of
Military Justice, sister | 27 |
| state, or
foreign country law; or
| 28 |
| (4) found to be a sexually violent person pursuant to | 29 |
| the Sexually Violent
Persons Commitment Act or any | 30 |
| substantially similar federal, Uniform Code of
Military | 31 |
| Justice, sister state, or
foreign country law; or
| 32 |
| (5) convicted of a second or subsequent offense which | 33 |
| requires
registration pursuant to this Act. The conviction | 34 |
| for the second or subsequent
offense must have occurred |
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| after July 1, 1999. For purposes of this paragraph
(5), | 2 |
| "convicted" shall include a conviction under any
| 3 |
| substantially similar
Illinois, federal, Uniform Code of | 4 |
| Military Justice, sister state, or
foreign country law.
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| (F) As used in this Article, "out-of-state student" means | 6 |
| any sex
offender, as defined in this Section,
or sexual | 7 |
| predator who is enrolled in Illinois, on a full-time or | 8 |
| part-time
basis, in any public or private educational | 9 |
| institution, including, but not
limited to, any secondary | 10 |
| school, trade or professional institution, or
institution of | 11 |
| higher learning.
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| (G) As used in this Article, "out-of-state employee" means | 13 |
| any sex
offender, as defined in this Section,
or sexual | 14 |
| predator who works in Illinois, regardless of whether the | 15 |
| individual
receives payment for services performed, for a | 16 |
| period of time of 10 or more days
or for an aggregate period of | 17 |
| time of 30 or more days
during any calendar year.
Persons who | 18 |
| operate motor vehicles in the State accrue one day of | 19 |
| employment
time for any portion of a day spent in Illinois.
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| (H) As used in this Article, "school" means any public or | 21 |
| private educational institution, including, but not limited | 22 |
| to, any elementary or secondary school, trade or professional | 23 |
| institution, or institution of higher education. | 24 |
| (I) As used in this Article, "fixed residence" means any | 25 |
| and all places that a sex offender resides for an aggregate | 26 |
| period of time of 5 or more days in a calendar year.
| 27 |
| (Source: P.A. 93-977, eff. 8-20-04; 93-979, eff. 8-20-04; | 28 |
| 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; revised 8-19-05.)
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| (730 ILCS 150/3) (from Ch. 38, par. 223) | 30 |
| Sec. 3. Duty to register.
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| (a) A sex offender, as defined in Section 2 of this Act, or | 32 |
| sexual
predator shall, within the time period
prescribed in | 33 |
| subsections (b) and (c), register in person
and provide |
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LRB094 03028 RLC 56205 a |
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| accurate information as required by the Department of State
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| Police. Such information shall include a current photograph,
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| current address,
current place of employment, the employer's | 4 |
| telephone number, school attended, extensions of the time | 5 |
| period for registering as provided in this Article and, if an | 6 |
| extension was granted, the reason why the extension was granted | 7 |
| and the date the sex offender was notified of the extension. A | 8 |
| person who has been adjudicated a juvenile delinquent for an | 9 |
| act which, if committed by an adult, would be a sex offense | 10 |
| shall register as an adult sex offender within 10 days after | 11 |
| attaining 17 years of age. The sex offender or
sexual predator | 12 |
| shall register:
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| (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 5 or more
days, unless the
municipality | 16 |
| is the City of Chicago, in which case he or she shall | 17 |
| register
at the Chicago Police Department Headquarters; or
| 18 |
| (2) with the sheriff in the county in which
he or she | 19 |
| resides or is
temporarily domiciled
for a period of time of | 20 |
| 5 or more days in an unincorporated
area or, if | 21 |
| incorporated, no police chief exists.
| 22 |
| If the sex offender or sexual predator is employed at or | 23 |
| attends an institution of higher education, he or she shall | 24 |
| register:
| 25 |
| (i) with the chief of police in the municipality in | 26 |
| which he or she is employed at or attends an institution of | 27 |
| higher education, unless the municipality is the City of | 28 |
| Chicago, in which case he or she shall register at the | 29 |
| Chicago Police Department Headquarters; or | 30 |
| (ii) with the sheriff in the county in which he or she | 31 |
| is employed or attends an institution of higher education | 32 |
| located in an unincorporated area, or if incorporated, no | 33 |
| police chief exists.
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| For purposes of this Article, the place of residence or |
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| temporary
domicile is defined as any and all places where the | 2 |
| sex offender resides
for an aggregate period of time of 5 or | 3 |
| more days during any calendar year.
Any person required to | 4 |
| register under this Article who lacks a fixed address or | 5 |
| temporary domicile must notify, in person, the agency of | 6 |
| jurisdiction of his or her last known address within 5 days | 7 |
| after ceasing to have a fixed residence.
| 8 |
| Any person who lacks a fixed residence must report weekly, | 9 |
| in person, with the sheriff's office of the county in which he | 10 |
| or she is located in an unincorporated area, or with the chief | 11 |
| of police in the municipality in which he or she is located. | 12 |
| The agency of jurisdiction will document each weekly | 13 |
| registration to include all the locations where the person has | 14 |
| stayed during the past 7 days.
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| The sex offender or sexual predator shall provide accurate | 16 |
| information
as required by the Department of State Police. That | 17 |
| information shall include
the sex offender's or sexual | 18 |
| predator's current place of employment.
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| (a-5) An out-of-state student or out-of-state employee | 20 |
| shall,
within 5 days after beginning school or employment in | 21 |
| this State,
register in person and provide accurate information | 22 |
| as required by the
Department of State Police. Such information | 23 |
| will include current place of
employment, school attended, and | 24 |
| address in state of residence. The out-of-state student or | 25 |
| out-of-state employee shall register:
| 26 |
| (1) with the chief of police in the municipality in | 27 |
| which he or she attends school or is employed for a period | 28 |
| of time of 5
or more days or for an
aggregate period of | 29 |
| time of more than 30 days during any
calendar year, unless | 30 |
| the
municipality is the City of Chicago, in which case he | 31 |
| or she shall register at
the Chicago Police Department | 32 |
| Headquarters; or
| 33 |
| (2) with the sheriff in the county in which
he or she | 34 |
| attends school or is
employed for a period of time of 5 or |
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| more days or
for an aggregate period of
time of more than | 2 |
| 30 days during any calendar year in an
unincorporated area
| 3 |
| or, if incorporated, no police chief exists.
| 4 |
| The out-of-state student or out-of-state employee shall | 5 |
| provide accurate
information as required by the Department of | 6 |
| State Police. That information
shall include the out-of-state | 7 |
| student's current place of school attendance or
the | 8 |
| out-of-state employee's current place of employment.
| 9 |
| (b) Any sex offender, as defined in Section 2 of this Act, | 10 |
| or sexual
predator, regardless of any initial,
prior, or other | 11 |
| registration, shall, within 5 days of beginning school,
or | 12 |
| establishing a
residence, place of employment, or temporary | 13 |
| domicile in
any county, register in person as set forth in | 14 |
| subsection (a)
or (a-5).
| 15 |
| (c) The registration for any person required to register | 16 |
| under this
Article shall be as follows:
| 17 |
| (1) Any person registered under the Habitual Child Sex | 18 |
| Offender
Registration Act or the Child Sex Offender | 19 |
| Registration Act prior to January
1, 1996, shall be deemed | 20 |
| initially registered as of January 1, 1996; however,
this | 21 |
| shall not be construed to extend the duration of | 22 |
| registration set forth
in Section 7.
| 23 |
| (2) Except as provided in subsection (c)(4), any person | 24 |
| convicted or
adjudicated prior to January 1, 1996, whose | 25 |
| liability for registration under
Section 7 has not expired, | 26 |
| shall register in person prior to January 31,
1996.
| 27 |
| (2.5) Except as provided in subsection (c)(4), any | 28 |
| person who has not
been notified of his or her | 29 |
| responsibility to register shall be notified by a
criminal | 30 |
| justice entity of his or her responsibility to register. | 31 |
| Upon
notification the person must then register within 5 | 32 |
| days of notification of
his or her requirement to register. | 33 |
| If notification is not made within the
offender's 10 year | 34 |
| registration requirement, and the Department of State
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| Police determines no evidence exists or indicates the | 2 |
| offender attempted to
avoid registration, the offender | 3 |
| will no longer be required to register under
this Act.
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| (3) Except as provided in subsection (c)(4), any person | 5 |
| convicted on
or after January 1, 1996, shall register in | 6 |
| person within 5 days after the
entry of the sentencing | 7 |
| order based upon his or her conviction.
| 8 |
| (4) Any person unable to comply with the registration | 9 |
| requirements of
this Article because he or she is confined, | 10 |
| institutionalized,
or imprisoned in Illinois on or after | 11 |
| January 1, 1996, shall register in person
within 5 days of | 12 |
| discharge, parole or release.
| 13 |
| (5) The person shall provide positive identification | 14 |
| and documentation
that substantiates proof of residence at | 15 |
| the registering address.
| 16 |
| (6) The person shall pay a $20
initial registration fee | 17 |
| and
a $10
annual
renewal fee. The fees shall be used by the | 18 |
| registering agency for official
purposes. The agency shall | 19 |
| establish procedures to document receipt and use
of the | 20 |
| funds.
The law enforcement agency having jurisdiction may | 21 |
| waive the registration fee
if it determines that the person | 22 |
| is indigent and unable to pay the registration
fee.
Ten | 23 |
| dollars for the initial registration fee and $5 of the | 24 |
| annual renewal fee
shall be used by the registering agency | 25 |
| for official purposes. Ten dollars of
the initial | 26 |
| registration fee and $5 of the annual fee shall be | 27 |
| deposited into
the Sex Offender Management Board Fund under | 28 |
| Section 19 of the Sex Offender
Management Board Act. Money | 29 |
| deposited into the Sex Offender Management Board
Fund shall | 30 |
| be administered by the Sex Offender Management Board and | 31 |
| shall be
used to
fund practices endorsed or required by the | 32 |
| Sex Offender Management Board Act
including but not limited | 33 |
| to sex offenders evaluation, treatment, or
monitoring | 34 |
| programs that are or may be developed, as well as for
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| administrative costs, including staff, incurred by the | 2 |
| Board.
| 3 |
| (d) Within 5 days after obtaining or changing employment | 4 |
| and, if employed
on January 1, 2000, within 5 days after that | 5 |
| date, a person required to
register under this Section must | 6 |
| report, in person to the law
enforcement agency having | 7 |
| jurisdiction, the business name and address where he
or she is | 8 |
| employed. If the person has multiple businesses or work | 9 |
| locations,
every business and work location must be reported to | 10 |
| the law enforcement agency
having jurisdiction.
| 11 |
| (Source: P.A. 93-616, eff. 1-1-04; 93-979, eff. 8-20-04; | 12 |
| 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; revised 8-19-05.)
| 13 |
| (730 ILCS 150/3-5 new) | 14 |
| Sec. 3-5. Application of Act to adjudicated juvenile | 15 |
| delinquents. | 16 |
| (a) In all cases involving an adjudicated juvenile | 17 |
| delinquent who meets the definition of sex offender as set | 18 |
| forth in paragraph (5) of subsection (A) of Section 2 of this | 19 |
| Act, the court may determine whether to order registration, and | 20 |
| if so, the duration of the registration. To determine whether | 21 |
| to order registration, the court shall consider the following | 22 |
| factors: | 23 |
| (1) the report regarding the adjudicated juvenile | 24 |
| delinquent's risk assessment prepared for purposes of | 25 |
| sentencing; | 26 |
| (2) the adjudicated juvenile delinquent's level of | 27 |
| planning and participation in the offense; | 28 |
| (3) the sex offender history of the adjudicated | 29 |
| juvenile delinquent, including whether the adjudicated | 30 |
| juvenile delinquent has been adjudicated delinquent for | 31 |
| prior sexually-motivated
offenses; | 32 |
| (4) the possibility that facilities or programs | 33 |
| available to the court will contribute to the |
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| rehabilitation of the adjudicated juvenile delinquent | 2 |
| prior to the expiration of the court's jurisdiction; | 3 |
| (5) the ages of the adjudicated juvenile delinquent and | 4 |
| the victim;
| 5 |
| (6) the relationship of the adjudicated juvenile | 6 |
| delinquent to the victim; | 7 |
| (7) the proposed placement alternatives for the | 8 |
| adjudicated juvenile delinquent;
| 9 |
| (8) information related to the adjudicated juvenile | 10 |
| delinquent's mental, physical, educational, and social | 11 |
| history; | 12 |
| (9) victim impact statements; and
| 13 |
| (10) any other factors deemed relevant by the court. | 14 |
| (b) Once an adjudicated juvenile delinquent is ordered to | 15 |
| register as a sex offender, the adjudicated juvenile delinquent | 16 |
| shall be subject to the registration requirements set forth in | 17 |
| Sections 3, 6, 6-5, 8, 8-5, and 10 for the term of his or her | 18 |
| registration. | 19 |
| (c) Ninety days prior to the completion of an adjudicated | 20 |
| juvenile delinquent's term of registration, ordered pursuant | 21 |
| to subsection (a) of this Section, the clerk of the court shall | 22 |
| provide notice to the parties of a hearing regarding status of | 23 |
| registration. Prior to the registration status hearing, the | 24 |
| State's Attorney may petition for the continuation of the term | 25 |
| of registration. | 26 |
| (d) At the registration status hearing, if the State's | 27 |
| Attorney fails to file a petition for continuation of term of | 28 |
| registration, or if the court determines, based upon the | 29 |
| factors set forth in subsection (e), that the registrant no | 30 |
| longer poses a serious risk to the community, registration | 31 |
| shall be terminated.
At the registration status hearing, both | 32 |
| parties may present evidence about whether the registrant poses | 33 |
| a risk to the community. Upon the State's presentation of clear | 34 |
| and convincing evidence that the registrant poses a serious |
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| risk to the community, the court may extend registration and | 2 |
| determine which, if any, conditions of registration shall | 3 |
| apply. | 4 |
| (e) To determine whether a registrant poses a serious risk | 5 |
| to the community as required by subsection (d), the court shall | 6 |
| consider the following factors: | 7 |
| (1) a risk assessment performed by an evaluator | 8 |
| approved by the Sex Offender Management Board; | 9 |
| (2) the sex offender history of the adjudicated | 10 |
| juvenile delinquent; | 11 |
| (3) evidence of the adjudicated juvenile delinquent's | 12 |
| rehabilitation; | 13 |
| (4) the age of the adjudicated juvenile delinquent at | 14 |
| the time of the offense; | 15 |
| (5) information related to the adjudicated juvenile | 16 |
| delinquent's mental, physical, educational, and social | 17 |
| history; and | 18 |
| (6) any other factors deemed relevant by the court. | 19 |
| (f) At the hearing set forth in subsections (c) and (d), a | 20 |
| registrant shall be represented by counsel and may present a | 21 |
| risk assessment conducted by an evaluator who is a licensed | 22 |
| psychiatrist, psychologist, or other mental health | 23 |
| professional, and who has demonstrated clinical experience in | 24 |
| juvenile sex offender treatment. | 25 |
| (g) After a registrant completes the term of his or her | 26 |
| registration, his or her name, address, and all other | 27 |
| identifying information shall be removed from all State and | 28 |
| local registries. | 29 |
| (h) An adjudicated juvenile delinquent shall not be | 30 |
| considered a sexual predator, as defined in subsection (E) of | 31 |
| Section 2 of this Act, for the purposes of mandatory | 32 |
| registration for the term of natural life as set forth in | 33 |
| Section 7 of this Act. | 34 |
| (i) This Section applies retroactively to cases in which |
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| adjudicated juvenile delinquents who registered or were | 2 |
| required to register before the effective date of this | 3 |
| amendatory Act of the 94th General Assembly. Within 90 days | 4 |
| after the effective date of this amendatory Act, the clerk's | 5 |
| office shall send notice to registrants affected by this | 6 |
| Section notifying them of a registration status hearing | 7 |
| pursuant to subsections (c) through (e) of this Section.
| 8 |
| (j) This Section does not apply to minors prosecuted under | 9 |
| the criminal laws as adults.
| 10 |
| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.".
|
|