HB1253eng 97TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning sex offenders.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Sex Offender Registration Act is amended by
5changing Sections 2, 3, 3-5, and 7 as follows:
 
6    (730 ILCS 150/2)  (from Ch. 38, par. 222)
7    Sec. 2. Definitions.
8    (A) As used in this Article, "sex offender" means any
9person 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
19            (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
23            (d) is the subject of a finding not resulting in an

 

 

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1        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
4        offense; or
5            (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
12            (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
19        (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
23        (3) subject to the provisions of Section 2 of the
24    Interstate Agreements on Sexually Dangerous Persons Act;
25    or
26        (4) found to be a sexually violent person pursuant to

 

 

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1    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
4        (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
8    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.
17    Convictions that result from or are connected with the same
18act, or result from offenses committed at the same time, shall
19be counted for the purpose of this Article as one conviction.
20Any conviction set aside pursuant to law is not a conviction
21for purposes of this Article.
22     For purposes of this Section, "convicted" shall have the
23same meaning as "adjudicated".
24    (B) As used in this Article, "sex offense" means:
25        (1) A violation of any of the following Sections of the
26    Criminal Code of 1961:

 

 

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1            11-20.1 (child pornography),
2            11-20.3 (aggravated child pornography),
3            11-6 (indecent solicitation of a child),
4            11-9.1 (sexual exploitation of a child),
5            11-9.2 (custodial sexual misconduct),
6            11-9.5 (sexual misconduct with a person with a
7        disability),
8            11-15.1 (soliciting for a juvenile prostitute),
9            11-18.1 (patronizing a juvenile prostitute),
10            11-17.1 (keeping a place of juvenile
11        prostitution),
12            11-19.1 (juvenile pimping),
13            11-19.2 (exploitation of a child),
14            11-25 (grooming),
15            11-26 (traveling to meet a minor),
16            12-13 (criminal sexual assault),
17            12-14 (aggravated criminal sexual assault),
18            12-14.1 (predatory criminal sexual assault of a
19        child),
20            12-15 (criminal sexual abuse),
21            12-16 (aggravated criminal sexual abuse),
22            12-33 (ritualized abuse of a child).
23            An attempt to commit any of these offenses.
24        (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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1    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:
4            10-1 (kidnapping),
5            10-2 (aggravated kidnapping),
6            10-3 (unlawful restraint),
7            10-3.1 (aggravated unlawful restraint).
8        (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.
14        (1.7) (Blank).
15        (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
18    June 1, 1997.
19        (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
24    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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1    Section 10 of the Sex Offender Management Board Act.
2        (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:
5            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,
9            11-6.5 (indecent solicitation of an adult),
10            11-15 (soliciting for a prostitute, if the victim
11        is under 18 years of age),
12            11-16 (pandering, if the victim is under 18 years
13        of age),
14            11-18 (patronizing a prostitute, if the victim is
15        under 18 years of age),
16            11-19 (pimping, if the victim is under 18 years of
17        age).
18        (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:
21            11-9 (public indecency for a third or subsequent
22        conviction).
23        (1.12) A violation or attempted violation of Section
24    5.1 of the Wrongs to Children Act (permitting sexual abuse)
25    when the offense was committed on or after August 22, 2002.
26        (2) A violation of any former law of this State

 

 

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1    substantially equivalent to any offense listed in
2    subsection (B) of this Section.
3    (C) A conviction for an offense of federal law, Uniform
4Code of Military Justice, or the law of another state or a
5foreign country that is substantially equivalent to any offense
6listed in subsections (B), (C), (E), and (E-5) of this Section
7shall constitute a conviction for the purpose of this Article.
8A finding or adjudication as a sexually dangerous person or a
9sexually violent person under any federal law, Uniform Code of
10Military Justice, or the law of another state or foreign
11country that is substantially equivalent to the Sexually
12Dangerous Persons Act or the Sexually Violent Persons
13Commitment Act shall constitute an adjudication for the
14purposes of this Article.
15    (C-5) A person at least 17 years of age at the time of the
16commission of the offense who is convicted of first degree
17murder under Section 9-1 of the Criminal Code of 1961, against
18a person under 18 years of age, shall be required to register
19for natural life. A conviction for an offense of federal,
20Uniform Code of Military Justice, sister state, or foreign
21country law that is substantially equivalent to any offense
22listed in subsection (C-5) of this Section shall constitute a
23conviction for the purpose of this Article. This subsection
24(C-5) applies to a person who committed the offense before June
251, 1996 only if the person is incarcerated in an Illinois
26Department of Corrections facility on August 20, 2004 (the

 

 

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1effective date of Public Act 93-977).
2    (D) As used in this Article, "law enforcement agency having
3jurisdiction" means the Chief of Police in each of the
4municipalities in which the sex offender expects to reside,
5work, or attend school (1) upon his or her discharge, parole or
6release or (2) during the service of his or her sentence of
7probation or conditional discharge, or the Sheriff of the
8county, in the event no Police Chief exists or if the offender
9intends to reside, work, or attend school in an unincorporated
10area. "Law enforcement agency having jurisdiction" includes
11the location where out-of-state students attend school and
12where out-of-state employees are employed or are otherwise
13required to register.
14    (D-1) As used in this Article, "supervising officer" means
15the assigned Illinois Department of Corrections parole agent or
16county probation officer.
17    (E) As used in this Article, "sexual predator" means any
18person who, after July 1, 1999, is:
19        (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) or (E-5) of this Section shall constitute a
23    conviction for the purpose of this Article. Convicted of a
24    violation or attempted violation of any of the following
25    Sections of the Criminal Code of 1961, if the conviction
26    occurred after July 1, 1999:

 

 

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1            11-17.1 (keeping a place of juvenile
2        prostitution),
3            11-19.1 (juvenile pimping),
4            11-19.2 (exploitation of a child),
5            11-20.1 (child pornography),
6            11-20.3 (aggravated child pornography),
7            12-13 (criminal sexual assault),
8            12-14 (aggravated criminal sexual assault),
9            12-14.1 (predatory criminal sexual assault of a
10        child),
11            12-16 (aggravated criminal sexual abuse),
12            12-33 (ritualized abuse of a child);
13        (2) (blank);
14        (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;
18        (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;
22        (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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1    substantially similar Illinois, federal, Uniform Code of
2    Military Justice, sister state, or foreign country law; or
3        (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; or .
6        (7) required to register in another State due to a
7    conviction, adjudication or other action of any court
8    triggering an obligation to register as a sex offender,
9    sexual predator, or substantially similar status under the
10    laws of that State.
11    (E-5) As used in this Article, "sexual predator" also means
12a person convicted of a violation or attempted violation of any
13of the following Sections of the Criminal Code of 1961:
14        (1) Section 9-1 (first degree murder, when the victim
15    was a person under 18 years of age and the defendant was at
16    least 17 years of age at the time of the commission of the
17    offense, provided the offense was sexually motivated as
18    defined in Section 10 of the Sex Offender Management Board
19    Act);
20        (2) Section 11-9.5 (sexual misconduct with a person
21    with a disability);
22        (3) when the victim is a person under 18 years of age,
23    the defendant is not a parent of the victim, the offense
24    was sexually motivated as defined in Section 10 of the Sex
25    Offender Management Board Act, and the offense was
26    committed on or after January 1, 1996: (A) Section 10-1

 

 

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1    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
2    (C) Section 10-3 (unlawful restraint), and (D) Section
3    10-3.1 (aggravated unlawful restraint); and
4        (4) Section 10-5(b)(10) (child abduction committed by
5    luring or attempting to lure a child under the age of 16
6    into a motor vehicle, building, house trailer, or dwelling
7    place without the consent of the parent or lawful custodian
8    of the child for other than a lawful purpose and the
9    offense was committed on or after January 1, 1998, provided
10    the offense was sexually motivated as defined in Section 10
11    of the Sex Offender Management Board Act).
12    (F) As used in this Article, "out-of-state student" means
13any sex offender, as defined in this Section, or sexual
14predator who is enrolled in Illinois, on a full-time or
15part-time basis, in any public or private educational
16institution, including, but not limited to, any secondary
17school, trade or professional institution, or institution of
18higher learning.
19    (G) As used in this Article, "out-of-state employee" means
20any sex offender, as defined in this Section, or sexual
21predator who works in Illinois, regardless of whether the
22individual receives payment for services performed, for a
23period of time of 10 or more days or for an aggregate period of
24time of 30 or more days during any calendar year. Persons who
25operate motor vehicles in the State accrue one day of
26employment time for any portion of a day spent in Illinois.

 

 

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1    (H) As used in this Article, "school" means any public or
2private educational institution, including, but not limited
3to, any elementary or secondary school, trade or professional
4institution, or institution of higher education.
5    (I) As used in this Article, "fixed residence" means any
6and all places that a sex offender resides for an aggregate
7period of time of 5 or more days in a calendar year.
8    (J) As used in this Article, "Internet protocol address"
9means the string of numbers by which a location on the Internet
10is identified by routers or other computers connected to the
11Internet.
12(Source: P.A. 95-331, eff. 8-21-07; 95-579, eff. 6-1-08;
1395-625, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff.
148-21-08; 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11.)
 
15    (730 ILCS 150/3)
16    Sec. 3. Duty to register.
17    (a) A sex offender, as defined in Section 2 of this Act, or
18sexual predator shall, within the time period prescribed in
19subsections (b) and (c), register in person and provide
20accurate information as required by the Department of State
21Police. Such information shall include a current photograph,
22current address, current place of employment, the sex
23offender's or sexual predator's telephone number, including
24cellular telephone number, the employer's telephone number,
25school attended, all e-mail addresses, instant messaging

 

 

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1identities, chat room identities, and other Internet
2communications identities that the sex offender uses or plans
3to use, all Uniform Resource Locators (URLs) registered or used
4by the sex offender, all blogs and other Internet sites
5maintained by the sex offender or to which the sex offender has
6uploaded any content or posted any messages or information,
7extensions of the time period for registering as provided in
8this Article and, if an extension was granted, the reason why
9the extension was granted and the date the sex offender was
10notified of the extension. The information shall also include a
11copy of the terms and conditions of parole or release signed by
12the sex offender and given to the sex offender by his or her
13supervising officer, the county of conviction, license plate
14numbers for every vehicle registered in the name of the sex
15offender, the age of the sex offender at the time of the
16commission of the offense, the age of the victim at the time of
17the commission of the offense, and any distinguishing marks
18located on the body of the sex offender. A sex offender
19convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the
20Criminal Code of 1961 shall provide all Internet protocol (IP)
21addresses in his or her residence, registered in his or her
22name, accessible at his or her place of employment, or
23otherwise under his or her control or custody. If the sex
24offender is a child sex offender as defined in Section 11-9.3
25or 11-9.4 of the Criminal Code of 1961, the sex offender shall
26report to the registering agency whether he or she is living in

 

 

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1a household with a child under 18 years of age who is not his or
2her own child, provided that his or her own child is not the
3victim of the sex offense. The sex offender or sexual predator
4shall register:
5        (1) with the chief of police in the municipality in
6    which he or she resides or is temporarily domiciled for a
7    period of time of 3 or more days, unless the municipality
8    is the City of Chicago, in which case he or she shall
9    register at the Chicago Police Department Headquarters; or
10        (2) with the sheriff in the county in which he or she
11    resides or is temporarily domiciled for a period of time of
12    3 or more days in an unincorporated area or, if
13    incorporated, no police chief exists.
14    If the sex offender or sexual predator is employed at or
15attends an institution of higher education, he or she shall
16register:
17        (i) with the chief of police in the municipality in
18    which he or she is employed at or attends an institution of
19    higher education, unless the municipality is the City of
20    Chicago, in which case he or she shall register at the
21    Chicago Police Department Headquarters; or
22        (ii) with the sheriff in the county in which he or she
23    is employed or attends an institution of higher education
24    located in an unincorporated area, or if incorporated, no
25    police chief exists.
26    For purposes of this Article, the place of residence or

 

 

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1temporary domicile is defined as any and all places where the
2sex offender resides for an aggregate period of time of 3 or
3more days during any calendar year. Any person required to
4register under this Article who lacks a fixed address or
5temporary domicile must notify, in person, the agency of
6jurisdiction of his or her last known address within 3 days
7after ceasing to have a fixed residence.
8    A sex offender or sexual predator who is temporarily absent
9from his or her current address of registration for 3 or more
10days shall notify the law enforcement agency having
11jurisdiction of his or her current registration, including the
12itinerary for travel, in the manner provided in Section 6 of
13this Act for notification to the law enforcement agency having
14jurisdiction of change of address.
15    Any person who lacks a fixed residence must report weekly,
16in person, with the sheriff's office of the county in which he
17or she is located in an unincorporated area, or with the chief
18of police in the municipality in which he or she is located.
19The agency of jurisdiction will document each weekly
20registration to include all the locations where the person has
21stayed during the past 7 days.
22    The sex offender or sexual predator shall provide accurate
23information as required by the Department of State Police. That
24information shall include the sex offender's or sexual
25predator's current place of employment.
26    (a-5) An out-of-state student or out-of-state employee

 

 

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1shall, within 3 days after beginning school or employment in
2this State, register in person and provide accurate information
3as required by the Department of State Police. Such information
4will include current place of employment, school attended, and
5address in state of residence. A sex offender convicted under
6Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code
7of 1961 shall provide all Internet protocol (IP) addresses in
8his or her residence, registered in his or her name, accessible
9at his or her place of employment, or otherwise under his or
10her control or custody. The out-of-state student or
11out-of-state employee shall register:
12        (1) with the chief of police in the municipality in
13    which he or she attends school or is employed for a period
14    of time of 5 or more days or for an aggregate period of
15    time of more than 30 days during any calendar year, unless
16    the municipality is the City of Chicago, in which case he
17    or she shall register at the Chicago Police Department
18    Headquarters; or
19        (2) with the sheriff in the county in which he or she
20    attends school or is employed for a period of time of 5 or
21    more days or for an aggregate period of time of more than
22    30 days during any calendar year in an unincorporated area
23    or, if incorporated, no police chief exists.
24    The out-of-state student or out-of-state employee shall
25provide accurate information as required by the Department of
26State Police. That information shall include the out-of-state

 

 

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1student's current place of school attendance or the
2out-of-state employee's current place of employment.
3    (a-10) Any law enforcement agency registering sex
4offenders or sexual predators in accordance with subsections
5(a) or (a-5) of this Section shall forward to the Attorney
6General a copy of sex offender registration forms from persons
7convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the
8Criminal Code of 1961, including periodic and annual
9registrations under Section 6 of this Act.
10    (b) Any sex offender, as defined in Section 2 of this Act,
11or sexual predator, regardless of any initial, prior, or other
12registration, shall, within 3 days of beginning school, or
13establishing a residence, place of employment, or temporary
14domicile in any county, register in person as set forth in
15subsection (a) or (a-5).
16    (c) The registration for any person required to register
17under this Article shall be as follows:
18        (1) Any person registered under the Habitual Child Sex
19    Offender Registration Act or the Child Sex Offender
20    Registration Act prior to January 1, 1996, shall be deemed
21    initially registered as of January 1, 1996; however, this
22    shall not be construed to extend the duration of
23    registration set forth in Section 7.
24        (2) Except as provided in subsection (c)(4), any person
25    convicted or adjudicated prior to January 1, 1996, whose
26    liability for registration under Section 7 has not expired,

 

 

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1    shall register in person prior to January 31, 1996.
2        (2.1) A sex offender, as defined in Section 2 of this
3    Act, or sexual predator who was not required to register
4    under this Act before the effective date of this amendatory
5    Act of the 97th General Assembly now has a duty to
6    register. Any sex offender who on or after July 1, 2011 is
7    on parole, mandatory supervised release, probation, or
8    conditional discharge for a conviction for any felony
9    offense or for a conviction for any misdemeanor offense
10    under the Criminal Code of 1961 shall be notified of his or
11    her duty to register as a sex offender by his or her
12    supervising officer or as otherwise provided in Section 5
13    of this Act. The court or supervising officer shall require
14    the person to read and sign such form as may be required by
15    the Department of State Police stating that the duty to
16    register and the procedure for registration have been
17    explained to him or her and that he or she understands the
18    duty to register and the procedure for registration. He or
19    she shall register in person within 3 days after
20    notification by his or her supervising officer or the court
21    as provided in Section 6 of this Act. Any person unable to
22    comply with the registration requirements of this
23    amendatory Act of the 97th General Assembly because he or
24    she is confined, institutionalized, or imprisoned in
25    Illinois on or after the effective date of this amendatory
26    Act of the 97th General Assembly shall register in person

 

 

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1    within 3 days after discharge, parole, or release.
2        (2.5) Except as provided in subsection (c)(4), any
3    person who has not been notified of his or her
4    responsibility to register shall be notified by a criminal
5    justice entity of his or her responsibility to register.
6    Upon notification the person must then register within 3
7    days of notification of his or her requirement to register.
8    Except as provided in subsection (c)(2.1), if If
9    notification is not made within the offender's 10 year
10    registration requirement, and the Department of State
11    Police determines no evidence exists or indicates the
12    offender attempted to avoid registration, the offender
13    will no longer be required to register under this Act.
14        (3) Except as provided in subsection (c)(4), any person
15    convicted on or after January 1, 1996, shall register in
16    person within 3 days after the entry of the sentencing
17    order based upon his or her conviction.
18        (4) Any person unable to comply with the registration
19    requirements of this Article because he or she is confined,
20    institutionalized, or imprisoned in Illinois on or after
21    January 1, 1996, shall register in person within 3 days of
22    discharge, parole or release.
23        (5) The person shall provide positive identification
24    and documentation that substantiates proof of residence at
25    the registering address.
26        (6) The person shall pay a $100 initial registration

 

 

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1    fee and a $100 annual renewal fee. The fees shall be used
2    by the registering agency for official purposes. The agency
3    shall establish procedures to document receipt and use of
4    the funds. The law enforcement agency having jurisdiction
5    may waive the registration fee if it determines that the
6    person is indigent and unable to pay the registration fee.
7    Thirty dollars for the initial registration fee and $30 of
8    the annual renewal fee shall be used by the registering
9    agency for official purposes. Ten dollars of the initial
10    registration fee and $10 of the annual fee shall be
11    deposited into the Sex Offender Management Board Fund under
12    Section 19 of the Sex Offender Management Board Act. Money
13    deposited into the Sex Offender Management Board Fund shall
14    be administered by the Sex Offender Management Board and
15    shall be used to fund practices endorsed or required by the
16    Sex Offender Management Board Act including but not limited
17    to sex offenders evaluation, treatment, or monitoring
18    programs that are or may be developed, as well as for
19    administrative costs, including staff, incurred by the
20    Board. Thirty dollars of the initial registration fee and
21    $30 of the annual renewal fee shall be deposited into the
22    Sex Offender Registration Fund and shall be used by the
23    Department of State Police to maintain and update the
24    Illinois State Police Sex Offender Registry. Thirty
25    dollars of the initial registration fee and $30 of the
26    annual renewal fee shall be deposited into the Attorney

 

 

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1    General Sex Offender Awareness, Training, and Education
2    Fund. Moneys deposited into the Fund shall be used by the
3    Attorney General to administer the I-SORT program and to
4    alert and educate the public, victims, and witnesses of
5    their rights under various victim notification laws and for
6    training law enforcement agencies, State's Attorneys, and
7    medical providers of their legal duties concerning the
8    prosecution and investigation of sex offenses.
9    (d) Within 3 days after obtaining or changing employment
10and, if employed on January 1, 2000, within 5 days after that
11date, a person required to register under this Section must
12report, in person to the law enforcement agency having
13jurisdiction, the business name and address where he or she is
14employed. If the person has multiple businesses or work
15locations, every business and work location must be reported to
16the law enforcement agency having jurisdiction.
17(Source: P.A. 95-229, eff. 8-16-07; 95-579, eff. 6-1-08;
1895-640, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff.
198-21-08; 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; 96-1097,
20eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. 1-1-11;
21revised 9-2-10.)
 
22    (730 ILCS 150/3-5)
23    Sec. 3-5. Application of Act to adjudicated juvenile
24delinquents.
25    (a) In all cases involving an adjudicated juvenile

 

 

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1delinquent who meets the definition of sex offender as set
2forth in paragraph (5) of subsection (A) of Section 2 of this
3Act, the court shall order the minor to register as a sex
4offender.
5    (b) Once an adjudicated juvenile delinquent is ordered to
6register as a sex offender, the adjudicated juvenile delinquent
7shall be subject to the registration requirements set forth in
8Sections 3, 6, 6-5, 8, 8-5, and 10 for the term of his or her
9registration.
10    (c) For a minor adjudicated delinquent for an offense
11which, if charged as an adult, would be a felony, no less than
125 years after registration ordered pursuant to subsection (a)
13of this Section, the minor may petition for the termination of
14the term of registration. For a minor adjudicated delinquent
15for an offense which, if charged as an adult, would be a
16misdemeanor, no less than 2 years after registration ordered
17pursuant to subsection (a) of this Section, the minor may
18petition for termination of the term of registration.
19    (d) The court may upon a hearing on the petition for
20termination of registration, terminate registration if the
21court finds that the registrant poses no risk to the community
22by a preponderance of the evidence based upon the factors set
23forth in subsection (e). Notwithstanding any other provisions
24of this Act to the contrary, no registrant whose registration
25has been terminated under this Section shall be required to
26register under the provisions of this Act for the offense or

 

 

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1offenses which were the subject of the successful petition for
2termination of registration. This exemption shall apply only to
3those offenses which were the subject of the successful
4petition for termination of registration, and shall not apply
5to any other or subsequent offenses requiring registration
6under this Act.
7    (e) To determine whether a registrant poses a risk to the
8community as required by subsection (d), the court shall
9consider the following factors:
10        (1) a risk assessment performed by an evaluator
11    approved by the Sex Offender Management Board;
12        (2) the sex offender history of the adjudicated
13    juvenile delinquent;
14        (3) evidence of the adjudicated juvenile delinquent's
15    rehabilitation;
16        (4) the age of the adjudicated juvenile delinquent at
17    the time of the offense;
18        (5) information related to the adjudicated juvenile
19    delinquent's mental, physical, educational, and social
20    history;
21        (6) victim impact statements; and
22        (7) any other factors deemed relevant by the court.
23    (f) At the hearing set forth in subsections (c) and (d), a
24registrant shall be represented by counsel and may present a
25risk assessment conducted by an evaluator who is a licensed
26psychiatrist, psychologist, or other mental health

 

 

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1professional, and who has demonstrated clinical experience in
2juvenile sex offender treatment.
3    (g) After a registrant completes the term of his or her
4registration, his or her name, address, and all other
5identifying information shall be removed from all State and
6local registries.
7    (h) This Section applies retroactively to cases in which
8adjudicated juvenile delinquents who registered or were
9required to register before the effective date of this
10amendatory Act of the 95th General Assembly. On or after the
11effective date of this amendatory Act of the 95th General
12Assembly, a person adjudicated delinquent before the effective
13date of this amendatory Act of the 95th General Assembly may
14request a hearing regarding status of registration by filing a
15Petition Requesting Registration Status with the clerk of the
16court. Upon receipt of the Petition Requesting Registration
17Status, the clerk of the court shall provide notice to the
18parties and set the Petition for hearing pursuant to
19subsections (c) through (e) of this Section.
20    (i) This Section does not apply to minors prosecuted under
21the criminal laws as adults.
22(Source: P.A. 95-658, eff. 10-11-07.)
 
23    (730 ILCS 150/7)  (from Ch. 38, par. 227)
24    Sec. 7. Duration of registration. A person who has been
25adjudicated to be sexually dangerous and is later released or

 

 

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1found to be no longer sexually dangerous and discharged, shall
2register for the period of his or her natural life. A sexually
3violent person or sexual predator shall register for the period
4of his or her natural life after conviction or adjudication or
5after the effective date of this amendatory Act of the 97th
6General Assembly if the sexually violent person or sexual
7predator was not required to register before the effective date
8of this amendatory Act of the 97th General Assembly if not
9confined to a penal institution, hospital, or other institution
10or facility, and if confined, for the period of his or her
11natural life after parole, discharge, or release from any such
12facility. A person who has not been adjudicated to be sexually
13dangerous or who is not a sexually violent person or sexual
14predator and who is required to register under this Article as
15a result of this amendatory Act of the 97th General Assembly
16shall register for a period of 10 years after conviction or
17adjudication if not confined to a penal institution, hospital,
18or other institution or facility, and if confined, for a period
19of 10 years after parole, discharge, or release from any such
20facility. However, this provision shall only revive the period
21of registration of any person who was previously registered as
22a sex offender and who successfully completed his or her period
23of registration prior to the effective date of this amendatory
24Act of the 97th General Assembly if he or she is convicted of
25any felony offense, or convicted of any misdemeanor offense
26under the Criminal Code of 1961, after July 1, 2011. A person

 

 

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1who becomes subject to registration under this Article who has
2previously been subject to registration under this Article or
3under the Child Murderer and Violent Offender Against Youth
4Registration Act or similar registration requirements of other
5jurisdictions shall register for the period of his or her
6natural life if not confined to a penal institution, hospital,
7or other institution or facility, and if confined, for the
8period of his or her natural life after parole, discharge, or
9release from any such facility. Any other person who is
10required to register under this Article shall be required to
11register for a period of 10 years after conviction or
12adjudication if not confined to a penal institution, hospital
13or any other institution or facility, and if confined, for a
14period of 10 years after parole, discharge or release from any
15such facility. A sex offender who is allowed to leave a county,
16State, or federal facility for the purposes of work release,
17education, or overnight visitations shall be required to
18register within 3 days of beginning such a program. Liability
19for registration terminates at the expiration of 10 years from
20the date of conviction or adjudication if not confined to a
21penal institution, hospital or any other institution or
22facility and if confined, at the expiration of 10 years from
23the date of parole, discharge or release from any such
24facility, providing such person does not, during that period,
25again become liable to register under the provisions of this
26Article. Reconfinement due to a violation of parole, a

 

 

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1conviction reviving registration, or other circumstances that
2relates to the original conviction or adjudication shall extend
3the period of registration to 10 years after final parole,
4discharge, or release. Reconfinement due to a violation of
5parole or other circumstances that do not relate to the
6original conviction or adjudication shall toll the running of
7the balance of the 10-year period of registration, which shall
8not commence running until after final parole, discharge, or
9release. The Director of State Police, consistent with
10administrative rules, shall extend for 10 years the
11registration period of any sex offender, as defined in Section
122 of this Act, who fails to comply with the provisions of this
13Article. The registration period for any sex offender who fails
14to comply with any provision of the Act shall extend the period
15of registration by 10 years beginning from the first date of
16registration after the violation. If the registration period is
17extended, the Department of State Police shall send a
18registered letter to the law enforcement agency where the sex
19offender resides within 3 days after the extension of the
20registration period. The sex offender shall report to that law
21enforcement agency and sign for that letter. One copy of that
22letter shall be kept on file with the law enforcement agency of
23the jurisdiction where the sex offender resides and one copy
24shall be returned to the Department of State Police.
25(Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-169,
26eff. 8-14-07; 95-331, eff. 8-21-07; 95-513, eff. 6-1-08;

 

 

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195-640, eff. 6-1-08; 95-876, eff. 8-21-08.)
 
2    Section 99. Effective date. This Act takes effect July 1,
32011.