Full Text of SB3084 96th General Assembly
SB3084eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning sex offenders.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Sex Offender Registration Act is amended by | 5 |
| changing Sections 2, 3, 3-5, and 7 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:
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| (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:
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| (a) is convicted of such offense or an attempt to | 16 |
| commit such offense;
or
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| (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 |
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| acquittal at a
hearing conducted pursuant to Section | 2 |
| 104-25(a) of the Code of Criminal
Procedure of 1963 for | 3 |
| the alleged commission or attempted commission of such
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| offense; or
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| (e) is found not guilty by reason of insanity | 6 |
| following a hearing
conducted pursuant to a federal, | 7 |
| Uniform Code of Military Justice, sister
state, or | 8 |
| foreign country law
substantially similar to Section | 9 |
| 104-25(c) of the Code of Criminal Procedure
of 1963 of | 10 |
| such offense or of the attempted commission of such | 11 |
| offense; or
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| (f) is the subject of a finding not resulting in an | 13 |
| acquittal at a
hearing conducted pursuant to a federal, | 14 |
| Uniform Code of Military Justice,
sister state, or | 15 |
| foreign country law
substantially similar to Section | 16 |
| 104-25(a) of the Code of Criminal Procedure
of 1963 for | 17 |
| the alleged violation or attempted commission of such | 18 |
| offense;
or
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| (2) certified as a sexually dangerous person pursuant | 20 |
| to the Illinois
Sexually Dangerous Persons Act, or any | 21 |
| substantially similar federal, Uniform
Code of Military | 22 |
| Justice, sister
state, or foreign country law; or
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| (3) subject to the provisions of Section 2 of the | 24 |
| Interstate
Agreements on Sexually Dangerous Persons Act; | 25 |
| or
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| (4) found to be a sexually violent person pursuant to |
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| the Sexually
Violent Persons Commitment Act or any | 2 |
| substantially similar federal, Uniform
Code of Military | 3 |
| Justice, sister
state, or foreign country law; or
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| (5) adjudicated a juvenile delinquent as the result of | 5 |
| committing or
attempting to commit an act which, if | 6 |
| committed by an adult, would constitute
any of the offenses | 7 |
| specified in item (B), (C), or (C-5) of this Section or a
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| violation of any substantially similar federal, Uniform | 9 |
| Code of Military
Justice, sister state, or foreign
country | 10 |
| law, or found guilty under Article V of the Juvenile Court | 11 |
| Act of 1987
of committing or attempting to commit an act | 12 |
| which, if committed by an adult,
would constitute any of | 13 |
| the offenses specified in item (B), (C), or (C-5) of
this | 14 |
| Section or a violation of any substantially similar | 15 |
| federal, Uniform Code
of Military Justice, sister state,
or | 16 |
| foreign country law.
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| Convictions that result from or are connected with the same | 18 |
| act, or result
from offenses committed at the same time, shall | 19 |
| be counted for the purpose of
this Article as one conviction. | 20 |
| Any conviction set aside pursuant to law is
not a conviction | 21 |
| for purposes of this Article.
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For purposes of this Section, "convicted" shall have the | 23 |
| same meaning as
"adjudicated".
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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 | 26 |
| Criminal Code of
1961:
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| 11-20.1 (child pornography),
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| 11-20.3 (aggravated 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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| 11-9.5 (sexual misconduct with a person with a | 7 |
| disability),
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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 | 11 |
| 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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| 11-25 (grooming), | 15 |
| 11-26 (traveling to meet a minor),
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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 | 19 |
| 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 | 25 |
| the
Criminal Code of 1961, when the victim is a person | 26 |
| under 18 years of age, the
defendant is not a parent of the |
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| victim, and the offense was sexually motivated as defined | 2 |
| in Section 10 of the Sex Offender Management Board Act , and | 3 |
| the offense was committed on or
after January 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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| (1.6)
First degree murder under Section 9-1 of the | 9 |
| Criminal Code of 1961,
when the victim was a person under | 10 |
| 18 years of age and the defendant was at least
17 years of | 11 |
| age at the time of the commission of the offense, provided | 12 |
| the offense was sexually motivated as defined in Section 10 | 13 |
| of the Sex Offender Management Board Act.
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| (1.7) (Blank).
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| (1.8) A violation or attempted violation of Section | 16 |
| 11-11 (sexual
relations within families) of the Criminal | 17 |
| 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 | 20 |
| subsection
(b) of Section 10-5 of the Criminal Code of 1961 | 21 |
| committed by luring or
attempting to lure a child under the | 22 |
| age of 16 into a motor vehicle, building,
house trailer, or | 23 |
| 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 | 25 |
| the offense was
committed on or after January 1, 1998 , | 26 |
| provided the offense was sexually motivated as defined in |
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| Section 10 of the Sex Offender Management Board Act.
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| (1.10) A violation or attempted violation of any of the | 3 |
| following Sections
of the Criminal Code of 1961 when the | 4 |
| offense was committed on or after July
1, 1999 :
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| 10-4 (forcible detention, if the victim is under 18 | 6 |
| years of age), provided the offense was sexually | 7 |
| motivated as defined in Section 10 of the Sex Offender | 8 |
| Management Board Act,
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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 | 11 |
| is under 18 years
of age),
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| 11-16 (pandering, if the victim is under 18 years | 13 |
| of age),
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| 11-18 (patronizing a prostitute, if the victim is | 15 |
| under 18 years
of age),
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| 11-19 (pimping, if the victim is under 18 years of | 17 |
| age).
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| (1.11) A violation or attempted violation of any of the | 19 |
| following
Sections of the Criminal Code of 1961 when the | 20 |
| offense was committed on or
after August 22, 2002 :
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| 11-9 (public indecency for a third or subsequent | 22 |
| 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) | 25 |
| 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 |
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| substantially equivalent
to any offense listed in | 2 |
| subsection (B) of this Section.
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| (C) A conviction for an offense of federal law, Uniform | 4 |
| Code of Military
Justice, or the law of another state
or a | 5 |
| foreign country that is substantially equivalent to any offense | 6 |
| 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 | 8 |
| finding or adjudication as a sexually dangerous person
or a | 9 |
| sexually violent person under any federal law, Uniform Code of | 10 |
| Military
Justice, or the law of another state or
foreign | 11 |
| country that is substantially equivalent to the Sexually | 12 |
| Dangerous
Persons Act or the Sexually Violent Persons | 13 |
| Commitment Act shall constitute an
adjudication for the | 14 |
| purposes of this Article.
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| (C-5) A person at least 17 years of age at the time of the | 16 |
| commission of
the offense who is convicted of first degree | 17 |
| murder under Section 9-1 of the
Criminal Code of 1961, against | 18 |
| 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, | 20 |
| Uniform Code of Military Justice,
sister state, or foreign | 21 |
| country law that is substantially equivalent to any
offense | 22 |
| listed in subsection (C-5) of this Section shall constitute a
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| conviction for the purpose of this Article. This subsection | 24 |
| (C-5) applies to a person who committed the offense before June | 25 |
| 1, 1996 only if the person is incarcerated in an Illinois | 26 |
| Department of Corrections facility on August 20, 2004 (the |
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| effective date of Public Act 93-977).
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| (D) As used in this Article, "law enforcement agency having | 3 |
| jurisdiction"
means the Chief of Police in each of the | 4 |
| municipalities in which the sex offender
expects to reside, | 5 |
| work, or attend school (1) upon his or her discharge,
parole or | 6 |
| release or
(2) during the service of his or her sentence of | 7 |
| probation or conditional
discharge, or the Sheriff of the | 8 |
| county, in the event no Police Chief exists
or if the offender | 9 |
| intends to reside, work, or attend school in an
unincorporated | 10 |
| area.
"Law enforcement agency having jurisdiction" includes | 11 |
| the location where
out-of-state students attend school and | 12 |
| where out-of-state employees are
employed or are otherwise | 13 |
| required to register.
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| (D-1) As used in this Article, "supervising officer" means | 15 |
| the assigned Illinois Department of Corrections parole agent or | 16 |
| county probation officer. | 17 |
| (E) As used in this Article, "sexual predator" means any | 18 |
| person who ,
after July 1, 1999, is:
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| (1) Convicted for an offense of federal, Uniform Code | 20 |
| of Military
Justice, sister state, or foreign country law | 21 |
| that is substantially equivalent
to any offense listed in | 22 |
| subsection (E) of this Section shall constitute a
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| conviction for the purpose of this Article.
Convicted of a | 24 |
| violation or attempted violation of any of the following
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| Sections of the
Criminal Code of 1961 , if the conviction | 26 |
| occurred after July
1, 1999 :
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| 11-17.1 (keeping a place of juvenile | 2 |
| 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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| 11-20.1 (child pornography),
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| 11-20.3 (aggravated child pornography),
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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 | 10 |
| child),
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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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| (2) (blank);
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| (3) certified as a sexually dangerous person pursuant | 15 |
| to the Sexually
Dangerous Persons Act or any substantially | 16 |
| similar federal, Uniform Code of
Military Justice, sister | 17 |
| state, or
foreign country law;
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| (4) found to be a sexually violent person pursuant to | 19 |
| the Sexually Violent
Persons Commitment Act or any | 20 |
| substantially similar federal, Uniform Code of
Military | 21 |
| Justice, sister state, or
foreign country law;
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| (5) convicted of a second or subsequent offense which | 23 |
| requires
registration pursuant to this Act. The conviction | 24 |
| for the second or subsequent
offense must have occurred | 25 |
| after July 1, 1999. For purposes of this paragraph
(5), | 26 |
| "convicted" shall include a conviction under any
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| substantially similar
Illinois, federal, Uniform Code of | 2 |
| Military Justice, sister state, or
foreign country law; or
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| (6) convicted of a second or subsequent offense of | 4 |
| luring a minor under Section 10-5.1 of the Criminal Code of | 5 |
| 1961. | 6 |
| (F) As used in this Article, "out-of-state student" means | 7 |
| any sex
offender, as defined in this Section,
or sexual | 8 |
| predator who is enrolled in Illinois, on a full-time or | 9 |
| part-time
basis, in any public or private educational | 10 |
| institution, including, but not
limited to, any secondary | 11 |
| school, trade or professional institution, or
institution of | 12 |
| higher learning.
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| (G) As used in this Article, "out-of-state employee" means | 14 |
| any sex
offender, as defined in this Section,
or sexual | 15 |
| predator who works in Illinois, regardless of whether the | 16 |
| individual
receives payment for services performed, for a | 17 |
| period of time of 10 or more days
or for an aggregate period of | 18 |
| time of 30 or more days
during any calendar year.
Persons who | 19 |
| operate motor vehicles in the State accrue one day of | 20 |
| 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 | 22 |
| private educational institution, including, but not limited | 23 |
| to, any elementary or secondary school, trade or professional | 24 |
| institution, or institution of higher education. | 25 |
| (I) As used in this Article, "fixed residence" means any | 26 |
| and all places that a sex offender resides for an aggregate |
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| period of time of 5 or more days in a calendar year.
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| (J) As used in this Article, "Internet protocol address" | 3 |
| means the string of numbers by which a location on the Internet | 4 |
| is identified by routers or other computers connected to the | 5 |
| Internet. | 6 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-579, eff. 6-1-08; | 7 |
| 95-625, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. | 8 |
| 8-21-08; 96-301, eff. 8-11-09.)
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| (730 ILCS 150/3)
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| Sec. 3. Duty to register.
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| (a) A sex offender, as defined in Section 2 of this Act, or | 12 |
| sexual
predator shall, within the time period
prescribed in | 13 |
| subsections (b) and (c), register in person
and provide | 14 |
| 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 | 17 |
| telephone number, school attended, all e-mail addresses, | 18 |
| instant messaging identities, chat room identities, and other | 19 |
| Internet communications identities that the sex offender uses | 20 |
| or plans to use, all Uniform Resource Locators (URLs) | 21 |
| registered or used by the sex offender, all blogs and other | 22 |
| Internet sites maintained by the sex offender or to which the | 23 |
| sex offender has uploaded any content or posted any messages or | 24 |
| information, extensions of the time period for registering as | 25 |
| provided in this Article and, if an extension was granted, the |
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| reason why the extension was granted and the date the sex | 2 |
| offender was notified of the extension. The information shall | 3 |
| also include the county of conviction, license plate numbers | 4 |
| for every vehicle registered in the name of the sex offender, | 5 |
| the age of the sex offender at the time of the commission of | 6 |
| the offense, the age of the victim at the time of the | 7 |
| commission of the offense, and any distinguishing marks located | 8 |
| on the body of the sex offender. A sex offender convicted under | 9 |
| Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code | 10 |
| of 1961 shall provide all Internet protocol (IP) addresses in | 11 |
| his or her residence, registered in his or her name, accessible | 12 |
| at his or her place of employment, or otherwise under his or | 13 |
| her control or custody. The sex offender or
sexual predator | 14 |
| shall register:
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| (1) with the chief of police in the municipality in | 16 |
| which he or she
resides or is temporarily domiciled for a | 17 |
| period of time of 5 or more
days, unless the
municipality | 18 |
| is the City of Chicago, in which case he or she shall | 19 |
| register
at the Chicago Police Department Headquarters; or
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| (2) with the sheriff in the county in which
he or she | 21 |
| resides or is
temporarily domiciled
for a period of time of | 22 |
| 5 or more days in an unincorporated
area or, if | 23 |
| incorporated, no police chief exists.
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| If the sex offender or sexual predator is employed at or | 25 |
| attends an institution of higher education, he or she shall | 26 |
| register:
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| (i) with the chief of police in the municipality in | 2 |
| which he or she is employed at or attends an institution of | 3 |
| higher education, unless the municipality is the City of | 4 |
| Chicago, in which case he or she shall register at the | 5 |
| Chicago Police Department Headquarters; or | 6 |
| (ii) with the sheriff in the county in which he or she | 7 |
| is employed or attends an institution of higher education | 8 |
| located in an unincorporated area, or if incorporated, no | 9 |
| police chief exists.
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| For purposes of this Article, the place of residence or | 11 |
| temporary
domicile is defined as any and all places where the | 12 |
| sex offender resides
for an aggregate period of time of 5 or | 13 |
| more days during any calendar year.
Any person required to | 14 |
| register under this Article who lacks a fixed address or | 15 |
| temporary domicile must notify, in person, the agency of | 16 |
| jurisdiction of his or her last known address within 3 days | 17 |
| after ceasing to have a fixed residence.
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| Any person who lacks a fixed residence must report weekly, | 19 |
| in person, with the sheriff's office of the county in which he | 20 |
| or she is located in an unincorporated area, or with the chief | 21 |
| of police in the municipality in which he or she is located. | 22 |
| The agency of jurisdiction will document each weekly | 23 |
| registration to include all the locations where the person has | 24 |
| stayed during the past 7 days.
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| The sex offender or sexual predator shall provide accurate | 26 |
| information
as required by the Department of State Police. That |
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| information shall include
the sex offender's or sexual | 2 |
| predator's current place of employment.
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| (a-5) An out-of-state student or out-of-state employee | 4 |
| shall,
within 3 days after beginning school or employment in | 5 |
| this State,
register in person and provide accurate information | 6 |
| as required by the
Department of State Police. Such information | 7 |
| will include current place of
employment, school attended, and | 8 |
| address in state of residence. A sex offender convicted under | 9 |
| Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code | 10 |
| of 1961 shall provide all Internet protocol (IP) addresses in | 11 |
| his or her residence, registered in his or her name, accessible | 12 |
| at his or her place of employment, or otherwise under his or | 13 |
| her control or custody. The out-of-state student or | 14 |
| out-of-state employee shall register:
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| (1) with the chief of police in the municipality in | 16 |
| which he or she attends school or is employed for a period | 17 |
| of time of 5
or more days or for an
aggregate period of | 18 |
| time of more than 30 days during any
calendar year, unless | 19 |
| the
municipality is the City of Chicago, in which case he | 20 |
| or she shall register at
the Chicago Police Department | 21 |
| Headquarters; or
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| (2) with the sheriff in the county in which
he or she | 23 |
| attends school or is
employed for a period of time of 5 or | 24 |
| more days or
for an aggregate period of
time of more than | 25 |
| 30 days during any calendar year in an
unincorporated area
| 26 |
| or, if incorporated, no police chief exists.
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| The out-of-state student or out-of-state employee shall | 2 |
| provide accurate
information as required by the Department of | 3 |
| State Police. That information
shall include the out-of-state | 4 |
| student's current place of school attendance or
the | 5 |
| out-of-state employee's current place of employment.
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| (a-10) Any law enforcement agency registering sex | 7 |
| offenders or sexual predators in accordance with subsections | 8 |
| (a) or (a-5) of this Section shall forward to the Attorney | 9 |
| General a copy of sex offender registration forms from persons | 10 |
| convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the | 11 |
| Criminal Code of 1961, including periodic and annual | 12 |
| registrations under Section 6 of this Act. | 13 |
| (b) Any sex offender, as defined in Section 2 of this Act, | 14 |
| or sexual
predator, regardless of any initial,
prior, or other | 15 |
| registration, shall, within 3 days of beginning school,
or | 16 |
| establishing a
residence, place of employment, or temporary | 17 |
| domicile in
any county, register in person as set forth in | 18 |
| subsection (a)
or (a-5).
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| (c) The registration for any person required to register | 20 |
| under this
Article shall be as follows:
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| (1) Any person registered under the Habitual Child Sex | 22 |
| Offender
Registration Act or the Child Sex Offender | 23 |
| Registration Act prior to January
1, 1996, shall be deemed | 24 |
| initially registered as of January 1, 1996; however,
this | 25 |
| shall not be construed to extend the duration of | 26 |
| registration set forth
in Section 7.
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| (2) Except as provided in subsection (c)(4), any person | 2 |
| convicted or
adjudicated prior to January 1, 1996, whose | 3 |
| liability for registration under
Section 7 has not expired, | 4 |
| shall register in person prior to January 31,
1996.
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| (2.1) Any person who was not required to register under | 6 |
| this Act before the effective date of this amendatory Act | 7 |
| of the 96th General Assembly but who is required to | 8 |
| register on or after the effective date of this amendatory | 9 |
| Act of the 96th General Assembly shall register in person | 10 |
| within 5 days after the effective date of this amendatory | 11 |
| Act of the 96th General Assembly. Any person unable to | 12 |
| comply with the registration requirements of
this | 13 |
| amendatory Act of the 96th General Assembly because he or | 14 |
| she is confined, institutionalized,
or imprisoned in | 15 |
| Illinois on or after the effective date of this amendatory | 16 |
| Act of the 96th General Assembly shall register in person
| 17 |
| within 5 days of discharge, parole, or release.
| 18 |
| (2.5) Except as provided in subsection (c)(4), any | 19 |
| person who has not
been notified of his or her | 20 |
| responsibility to register shall be notified by a
criminal | 21 |
| justice entity of his or her responsibility to register. | 22 |
| Upon
notification the person must then register within 3 | 23 |
| days of notification of
his or her requirement to register. | 24 |
| If notification is not made within the
offender's 10 year | 25 |
| registration requirement, and the Department of State
| 26 |
| Police determines no evidence exists or indicates the |
|
|
|
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LRB096 18248 RLC 33623 b |
|
| 1 |
| offender attempted to
avoid registration, the offender | 2 |
| will no longer be required 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 $20
initial registration fee | 16 |
| and
a $10
annual
renewal fee. The fees shall be used by the | 17 |
| registering agency for official
purposes. The agency shall | 18 |
| establish procedures to document receipt and use
of the | 19 |
| funds.
The law enforcement agency having jurisdiction may | 20 |
| waive the registration fee
if it determines that the person | 21 |
| is indigent and unable to pay the registration
fee.
Ten | 22 |
| dollars for the initial registration fee and $5 of the | 23 |
| annual renewal fee
shall be used by the registering agency | 24 |
| for official purposes. Ten dollars of
the initial | 25 |
| registration fee and $5 of the annual fee shall be | 26 |
| deposited into
the Sex Offender Management Board Fund under |
|
|
|
SB3084 Engrossed |
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LRB096 18248 RLC 33623 b |
|
| 1 |
| Section 19 of the Sex Offender
Management Board Act. Money | 2 |
| deposited into the Sex Offender Management Board
Fund shall | 3 |
| be administered by the Sex Offender Management Board and | 4 |
| shall be
used to
fund practices endorsed or required by the | 5 |
| Sex Offender Management Board Act
including but not limited | 6 |
| to sex offenders evaluation, treatment, or
monitoring | 7 |
| programs that are or may be developed, as well as for
| 8 |
| administrative costs, including staff, incurred by the | 9 |
| Board.
| 10 |
| (d) Within 3 days after obtaining or changing employment | 11 |
| and, if employed
on January 1, 2000, within 5 days after that | 12 |
| date, a person required to
register under this Section must | 13 |
| report, in person to the law
enforcement agency having | 14 |
| jurisdiction, the business name and address where he
or she is | 15 |
| employed. If the person has multiple businesses or work | 16 |
| locations,
every business and work location must be reported to | 17 |
| the law enforcement agency
having jurisdiction.
| 18 |
| (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-994, | 19 |
| eff. 1-1-07; 95-229, eff. 8-16-07; 95-579, eff. 6-1-08; 95-640, | 20 |
| eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. 8-21-08.) | 21 |
| (730 ILCS 150/3-5) | 22 |
| Sec. 3-5. Application of Act to adjudicated juvenile | 23 |
| delinquents. | 24 |
| (a) In all cases involving an adjudicated juvenile
| 25 |
| delinquent who meets the definition of sex offender as set
|
|
|
|
SB3084 Engrossed |
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LRB096 18248 RLC 33623 b |
|
| 1 |
| forth in paragraph (5) of subsection (A) of Section 2 of this
| 2 |
| Act, the court shall order the minor to register as a sex | 3 |
| offender. | 4 |
| (b) Once an adjudicated juvenile delinquent is ordered to
| 5 |
| register as a sex offender, the adjudicated juvenile delinquent
| 6 |
| shall be subject to the registration requirements set forth in
| 7 |
| Sections 3, 6, 6-5, 8, 8-5, and 10 for the term of his or her
| 8 |
| registration. | 9 |
| (c) For a minor adjudicated delinquent for an offense | 10 |
| which, if charged as an adult, would be a felony, no less than | 11 |
| 5 years after registration ordered pursuant to subsection (a) | 12 |
| of this Section, the minor may petition for the termination of | 13 |
| the term of registration. For a minor adjudicated delinquent | 14 |
| for an offense which, if charged as an adult, would be a | 15 |
| misdemeanor, no less than 2 years after registration ordered | 16 |
| pursuant to subsection (a) of this Section, the minor may | 17 |
| petition for termination of the term of registration. | 18 |
| (d) The court may upon a hearing on the petition for | 19 |
| termination of registration, terminate registration if the | 20 |
| court finds that the registrant poses no risk to the community | 21 |
| by a preponderance of the evidence based upon the factors set | 22 |
| forth in subsection (e). Notwithstanding any other provisions | 23 |
| of this Act to the contrary, no registrant whose registration | 24 |
| has been terminated under this Section shall be required to | 25 |
| register under the provisions of this Act for the offense or | 26 |
| offenses which were the subject of the successful petition for |
|
|
|
SB3084 Engrossed |
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LRB096 18248 RLC 33623 b |
|
| 1 |
| termination of registration. This exemption shall apply only to | 2 |
| those offenses which were the subject of the successful | 3 |
| petition for termination of registration, and shall not apply | 4 |
| to any other or subsequent offenses requiring registration | 5 |
| under this Act. | 6 |
| (e) To determine whether a registrant poses a risk
to the | 7 |
| community as required by subsection (d), the court shall
| 8 |
| consider the following factors: | 9 |
| (1) a risk assessment performed by an evaluator
| 10 |
| approved by the Sex Offender Management Board; | 11 |
| (2) the sex offender history of the adjudicated
| 12 |
| juvenile delinquent; | 13 |
| (3) evidence of the adjudicated juvenile delinquent's
| 14 |
| rehabilitation; | 15 |
| (4) the age of the adjudicated juvenile delinquent at
| 16 |
| the time of the offense; | 17 |
| (5) information related to the adjudicated juvenile
| 18 |
| delinquent's mental, physical, educational, and social
| 19 |
| history; | 20 |
| (6) victim impact statements; and | 21 |
| (7) any other factors deemed relevant by the court. | 22 |
| (f) At the hearing set forth in subsections (c) and (d), a
| 23 |
| registrant shall be represented by counsel and may present a
| 24 |
| risk assessment conducted by an evaluator who is a licensed
| 25 |
| psychiatrist, psychologist, or other mental health
| 26 |
| professional, and who has demonstrated clinical experience in
|
|
|
|
SB3084 Engrossed |
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LRB096 18248 RLC 33623 b |
|
| 1 |
| juvenile sex offender treatment. | 2 |
| (g) After a registrant completes the term of his or her
| 3 |
| registration, his or her name, address, and all other
| 4 |
| identifying information shall be removed from all State and
| 5 |
| local registries. | 6 |
| (h) This Section applies retroactively to cases in which
| 7 |
| adjudicated juvenile delinquents who registered or were
| 8 |
| required to register before the effective date of this
| 9 |
| amendatory Act of the 95th General Assembly. On or after the
| 10 |
| effective date of this amendatory Act of the 95th General
| 11 |
| Assembly, a person adjudicated delinquent before the effective
| 12 |
| date of this amendatory Act of the 95th General Assembly may
| 13 |
| request a hearing regarding status of registration by filing a | 14 |
| Petition Requesting Registration Status with the clerk of the | 15 |
| court. Upon receipt of the Petition Requesting Registration
| 16 |
| Status, the clerk of the court shall provide notice to the
| 17 |
| parties and set the Petition for hearing pursuant to
| 18 |
| subsections (c) through (e) of this Section. | 19 |
| (i) This Section does not apply to minors prosecuted under
| 20 |
| the criminal laws as adults.
| 21 |
| (Source: P.A. 95-658, eff. 10-11-07.)
| 22 |
| (730 ILCS 150/7) (from Ch. 38, par. 227)
| 23 |
| Sec. 7. Duration of registration. A person who has been | 24 |
| adjudicated to
be
sexually dangerous and is later released or | 25 |
| found to be no longer sexually
dangerous and discharged, shall |
|
|
|
SB3084 Engrossed |
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LRB096 18248 RLC 33623 b |
|
| 1 |
| register for the period of his or her natural
life.
A sexually | 2 |
| violent person or sexual predator shall register for the period | 3 |
| of
his or her natural life
after conviction or adjudication or | 4 |
| after the effective date of this amendatory Act of the 96th | 5 |
| General Assembly if the sexually violent person or sexual | 6 |
| predator was not required to register before the effective date | 7 |
| of this amendatory Act of the 96th General Assembly if not | 8 |
| confined to a penal institution,
hospital, or other institution | 9 |
| or facility, and if confined, for
the period of his or her | 10 |
| natural life after parole, discharge, or release from
any such | 11 |
| facility.
A person who has not been adjudicated to be sexually | 12 |
| dangerous or who is not a sexually violent person or sexual | 13 |
| predator and who is required to register under this Article as | 14 |
| a result of this amendatory Act of the 96th General Assembly | 15 |
| shall register for a period of 10 years after the effective | 16 |
| date of this amendatory Act of the 96th General Assembly if not | 17 |
| confined to a penal institution,
hospital, or other institution | 18 |
| or facility, and if confined, for a period of 10 years after | 19 |
| parole, discharge, or release from any such facility. However, | 20 |
| this provision shall not be construed to revive the period of | 21 |
| registration of any person who was previously registered as a | 22 |
| sex offender and who successfully completed his or her period | 23 |
| of registration prior to the effective date of this amendatory | 24 |
| Act of the 96th General Assembly. A person who becomes subject | 25 |
| to registration under this Article who has previously been | 26 |
| subject to registration under this Article or under the Child |
|
|
|
SB3084 Engrossed |
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LRB096 18248 RLC 33623 b |
|
| 1 |
| Murderer and Violent Offender Against Youth Registration Act or | 2 |
| similar registration requirements of other jurisdictions shall | 3 |
| register for the period of his or her natural life if not | 4 |
| confined to a penal institution,
hospital, or other institution | 5 |
| or facility, and if confined, for
the period of his or her | 6 |
| natural life after parole, discharge, or release from
any such | 7 |
| facility. Any other person who is required to register
under | 8 |
| this Article shall be required to register for a period of 10 | 9 |
| years after
conviction or adjudication if not confined to a | 10 |
| penal institution, hospital
or any other
institution or | 11 |
| facility, and if confined, for a period of 10 years after
| 12 |
| parole, discharge or release from any such facility. A sex | 13 |
| offender who is
allowed to leave a county, State, or federal | 14 |
| facility for the purposes of work
release, education, or | 15 |
| overnight visitations shall be required
to register within 3 | 16 |
| days of beginning such a program. Liability for
registration | 17 |
| terminates at the expiration of 10 years from the date of
| 18 |
| conviction or adjudication if not confined to a penal | 19 |
| institution, hospital
or any other
institution or facility and | 20 |
| if confined, at the expiration of 10 years from the
date of | 21 |
| parole, discharge or release from any such facility, providing | 22 |
| such
person does not, during that period, again
become
liable
| 23 |
| to register under the provisions of this Article.
Reconfinement | 24 |
| due to a violation of parole or other circumstances that | 25 |
| relates to the original conviction or adjudication shall extend | 26 |
| the period of registration to 10 years after final parole, |
|
|
|
SB3084 Engrossed |
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LRB096 18248 RLC 33623 b |
|
| 1 |
| discharge, or release. Reconfinement due to a violation of | 2 |
| parole or other circumstances that do not relate to the | 3 |
| original conviction or adjudication shall toll the running of | 4 |
| the balance of the 10-year period of registration, which shall | 5 |
| not commence running until after final parole, discharge, or | 6 |
| release. The Director of State Police, consistent with | 7 |
| administrative rules, shall
extend for 10 years the | 8 |
| registration period of any sex offender, as defined
in Section | 9 |
| 2 of this Act, who fails to
comply with the provisions of this | 10 |
| Article. The registration period for any sex offender who fails | 11 |
| to comply with any provision of the Act shall extend the period | 12 |
| of registration by 10 years beginning from the first date of | 13 |
| registration after the violation.
If the registration period is | 14 |
| extended, the Department of State Police shall send a | 15 |
| registered letter to the law enforcement agency where the sex | 16 |
| offender resides within 3 days after the extension of the | 17 |
| registration period. The sex offender shall report to that law | 18 |
| enforcement agency and sign for that letter. One copy of that | 19 |
| letter shall be kept on file with the law enforcement agency of | 20 |
| the jurisdiction where the sex offender resides and one copy | 21 |
| shall be returned to the Department of State Police.
| 22 |
| (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-169, | 23 |
| eff. 8-14-07; 95-331, eff. 8-21-07; 95-513, eff. 6-1-08; | 24 |
| 95-640, eff. 6-1-08; 95-876, eff. 8-21-08.)
| 25 |
| Section 99. Effective date. This Act takes effect upon | 26 |
| becoming law.
|
|