Full Text of SB3293 96th General Assembly
SB3293enr 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 3 and 6 as follows:
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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 | 9 |
| sexual
predator shall, within the time period
prescribed in | 10 |
| subsections (b) and (c), register in person
and provide | 11 |
| 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 sex | 14 |
| offender's or sexual predator's telephone number, including | 15 |
| cellular telephone number, the employer's telephone number, | 16 |
| school attended, all e-mail addresses, instant messaging | 17 |
| identities, chat room identities, and other Internet | 18 |
| communications identities that the sex offender uses or plans | 19 |
| to use, all Uniform Resource Locators (URLs) registered or used | 20 |
| by the sex offender, all blogs and other Internet sites | 21 |
| maintained by the sex offender or to which the sex offender has | 22 |
| uploaded any content or posted any messages or information, | 23 |
| extensions of the time period for registering as provided in |
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| this Article and, if an extension was granted, the reason why | 2 |
| the extension was granted and the date the sex offender was | 3 |
| notified of the extension. The information shall also include | 4 |
| the county of conviction, license plate numbers for every | 5 |
| vehicle registered in the name of the sex offender, the age of | 6 |
| the sex offender at the time of the commission of the offense, | 7 |
| the age of the victim at the time of the commission of the | 8 |
| offense, and any distinguishing marks located on the body of | 9 |
| the sex offender. A sex offender convicted under Section 11-6, | 10 |
| 11-20.1, 11-20.3, or 11-21 of the Criminal Code of 1961 shall | 11 |
| provide all Internet protocol (IP) addresses in his or her | 12 |
| residence, registered in his or her name, accessible at his or | 13 |
| her place of employment, or otherwise under his or her control | 14 |
| or custody. The sex offender or
sexual predator 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 |
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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
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| 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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| (2.5) Except as provided in subsection (c)(4), any | 6 |
| person who has not
been notified of his or her | 7 |
| responsibility to register shall be notified by a
criminal | 8 |
| justice entity of his or her responsibility to register. | 9 |
| Upon
notification the person must then register within 3 | 10 |
| days of notification of
his or her requirement to register. | 11 |
| If notification is not made within the
offender's 10 year | 12 |
| registration requirement, and the Department of State
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| Police determines no evidence exists or indicates the | 14 |
| offender attempted to
avoid registration, the offender | 15 |
| will no longer be required to register under
this Act.
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| (3) Except as provided in subsection (c)(4), any person | 17 |
| convicted on
or after January 1, 1996, shall register in | 18 |
| person within 3 days after the
entry of the sentencing | 19 |
| order based upon his or her conviction.
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| (4) Any person unable to comply with the registration | 21 |
| requirements of
this Article because he or she is confined, | 22 |
| institutionalized,
or imprisoned in Illinois on or after | 23 |
| January 1, 1996, shall register in person
within 3 days of | 24 |
| discharge, parole or release.
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| (5) The person shall provide positive identification | 26 |
| and documentation
that substantiates proof of residence at |
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| the registering address.
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| (6) The person shall pay a $20
initial registration fee | 3 |
| and
a $10
annual
renewal fee. The fees shall be used by the | 4 |
| registering agency for official
purposes. The agency shall | 5 |
| establish procedures to document receipt and use
of the | 6 |
| funds.
The law enforcement agency having jurisdiction may | 7 |
| waive the registration fee
if it determines that the person | 8 |
| is indigent and unable to pay the registration
fee.
Ten | 9 |
| dollars for the initial registration fee and $5 of the | 10 |
| annual renewal fee
shall be used by the registering agency | 11 |
| for official purposes. Ten dollars of
the initial | 12 |
| registration fee and $5 of the annual fee shall be | 13 |
| deposited into
the Sex Offender Management Board Fund under | 14 |
| Section 19 of the Sex Offender
Management Board Act. Money | 15 |
| deposited into the Sex Offender Management Board
Fund shall | 16 |
| be administered by the Sex Offender Management Board and | 17 |
| shall be
used to
fund practices endorsed or required by the | 18 |
| Sex Offender Management Board Act
including but not limited | 19 |
| to sex offenders evaluation, treatment, or
monitoring | 20 |
| programs that are or may be developed, as well as for
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| administrative costs, including staff, incurred by the | 22 |
| Board.
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| (d) Within 3 days after obtaining or changing employment | 24 |
| and, if employed
on January 1, 2000, within 5 days after that | 25 |
| date, a person required to
register under this Section must | 26 |
| report, in person to the law
enforcement agency having |
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LRB096 19838 RLC 35290 b |
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| jurisdiction, the business name and address where he
or she is | 2 |
| employed. If the person has multiple businesses or work | 3 |
| locations,
every business and work location must be reported to | 4 |
| the law enforcement agency
having jurisdiction.
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| (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-994, | 6 |
| eff. 1-1-07; 95-229, eff. 8-16-07; 95-579, eff. 6-1-08; 95-640, | 7 |
| eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. 8-21-08.) | 8 |
| (730 ILCS 150/6) (from Ch. 38, par. 226) | 9 |
| Sec. 6. Duty to report; change of address, school, or | 10 |
| employment; duty
to inform.
A person who has been adjudicated | 11 |
| to be sexually dangerous or is a sexually
violent person and is | 12 |
| later released, or found to be no longer sexually
dangerous or | 13 |
| no longer a sexually violent person and discharged, or | 14 |
| convicted of a violation of this Act after July 1, 2005, shall | 15 |
| report in
person to the law enforcement agency with whom he or | 16 |
| she last registered no
later than 90 days after the date of his | 17 |
| or her last registration and every 90
days thereafter and at | 18 |
| such other times at the request of the law enforcement agency | 19 |
| not to exceed 4 times a year. Such sexually dangerous or | 20 |
| sexually
violent person must report all new or changed e-mail | 21 |
| addresses, all new or changed instant messaging identities, all | 22 |
| new or changed chat room identities, and all other new or | 23 |
| changed Internet communications identities that the sexually | 24 |
| dangerous or sexually
violent person uses or plans to use, all | 25 |
| new or changed Uniform Resource Locators (URLs) registered or |
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LRB096 19838 RLC 35290 b |
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| used by the sexually dangerous or sexually
violent person, and | 2 |
| all new or changed blogs and other Internet sites maintained by | 3 |
| the sexually dangerous or sexually
violent person or to which | 4 |
| the sexually dangerous or sexually
violent person has uploaded | 5 |
| any content or posted any messages or information. Any person | 6 |
| who lacks a fixed residence must report weekly, in person, to | 7 |
| the appropriate law enforcement agency where the sex offender | 8 |
| is located. Any other person who is required to register under | 9 |
| this
Article shall report in person to the appropriate law | 10 |
| enforcement agency with
whom he or she last registered within | 11 |
| one year from the date of last
registration and every year | 12 |
| thereafter and at such other times at the request of the law | 13 |
| enforcement agency not to exceed 4 times a year. If any person | 14 |
| required to register under this Article lacks a fixed residence | 15 |
| or temporary domicile, he or she must notify, in person, the | 16 |
| agency of jurisdiction of his or her last known address within | 17 |
| 3 days after ceasing to have a fixed residence and if the | 18 |
| offender leaves the last jurisdiction of residence, he or she, | 19 |
| must within 3 days after leaving register in person with the | 20 |
| new agency of jurisdiction. If any other person required to | 21 |
| register
under this Article changes his or her residence | 22 |
| address, place of
employment,
telephone number, cellular | 23 |
| telephone number, or school, he or she shall report in
person , | 24 |
| to the law
enforcement agency
with whom he or she last | 25 |
| registered , of his or her new address, change in
employment, | 26 |
| telephone number, cellular telephone number, or school, all new |
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| or changed e-mail addresses, all new or changed instant | 2 |
| messaging identities, all new or changed chat room identities, | 3 |
| and all other new or changed Internet communications identities | 4 |
| that the sex offender uses or plans to use, all new or changed | 5 |
| Uniform Resource Locators (URLs) registered or used by the sex | 6 |
| offender, and all new or changed blogs and other Internet sites | 7 |
| maintained by the sex offender or to which the sex offender has | 8 |
| uploaded any content or posted any messages or information, and | 9 |
| register, in person, with the appropriate law enforcement
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| agency within the
time period specified in Section 3. The law | 11 |
| enforcement agency shall, within 3
days of the reporting in | 12 |
| person by the person required to register under this Article, | 13 |
| notify the Department of State Police of the new place of | 14 |
| residence, change in
employment, telephone number, cellular | 15 |
| telephone number, or school. | 16 |
| If any person required to register under this Article | 17 |
| intends to establish a
residence or employment outside of the | 18 |
| State of Illinois, at least 10 days
before establishing that | 19 |
| residence or employment, he or she shall report in person to | 20 |
| the law enforcement agency with which he or she last registered | 21 |
| of his
or her out-of-state intended residence or employment. | 22 |
| The law enforcement agency with
which such person last | 23 |
| registered shall, within 3 days after the reporting in person | 24 |
| of the person required to register under this Article of an | 25 |
| address or
employment change, notify the Department of State | 26 |
| Police. The Department of
State Police shall forward such |
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LRB096 19838 RLC 35290 b |
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| information to the out-of-state law enforcement
agency having | 2 |
| jurisdiction in the form and manner prescribed by the
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| Department of State Police. | 4 |
| (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-229, | 5 |
| eff. 8-16-07; 95-331, eff. 8-21-07; 95-640, eff. 6-1-08; | 6 |
| 95-876, eff. 8-21-08.)
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