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Full Text of HB1253  97th General Assembly

HB1253sam001 97TH GENERAL ASSEMBLY

Sen. Iris Y. Martinez

Filed: 5/20/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1253

2    AMENDMENT NO. ______. Amend House Bill 1253 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Sex Offender Registration Act is amended by
5changing Sections 2, 3, 3-5, and 7 and by adding Section 5-7 as
6follows:
 
7    (730 ILCS 150/2)  (from Ch. 38, par. 222)
8    (Text of Section after amendment by P.A. 96-1551)
9    Sec. 2. Definitions.
10    (A) As used in this Article, "sex offender" means any
11person who is:
12        (1) charged pursuant to Illinois law, or any
13    substantially similar federal, Uniform Code of Military
14    Justice, sister state, or foreign country law, with a sex
15    offense set forth in subsection (B) of this Section or the
16    attempt to commit an included sex offense, and:

 

 

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

 

 

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1        offense; or
2        (2) certified as a sexually dangerous person pursuant
3    to the Illinois Sexually Dangerous Persons Act, or any
4    substantially similar federal, Uniform Code of Military
5    Justice, sister state, or foreign country law; or
6        (3) subject to the provisions of Section 2 of the
7    Interstate Agreements on Sexually Dangerous Persons Act;
8    or
9        (4) found to be a sexually violent person pursuant to
10    the Sexually Violent Persons Commitment Act or any
11    substantially similar federal, Uniform Code of Military
12    Justice, sister state, or foreign country law; or
13        (5) adjudicated a juvenile delinquent as the result of
14    committing or attempting to commit an act which, if
15    committed by an adult, would constitute any of the offenses
16    specified in item (B), (C), or (C-5) of this Section or a
17    violation of any substantially similar federal, Uniform
18    Code of Military Justice, sister state, or foreign country
19    law, or found guilty under Article V of the Juvenile Court
20    Act of 1987 of committing or attempting to commit an act
21    which, if committed by an adult, would constitute any of
22    the offenses specified in item (B), (C), or (C-5) of this
23    Section or a violation of any substantially similar
24    federal, Uniform Code of Military Justice, sister state, or
25    foreign country law.
26    Convictions that result from or are connected with the same

 

 

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1act, or result from offenses committed at the same time, shall
2be counted for the purpose of this Article as one conviction.
3Any conviction set aside pursuant to law is not a conviction
4for purposes of this Article.
5     For purposes of this Section, "convicted" shall have the
6same meaning as "adjudicated".
7    (B) As used in this Article, "sex offense" means:
8        (1) A violation of any of the following Sections of the
9    Criminal Code of 1961:
10            11-20.1 (child pornography),
11            11-20.1B or 11-20.3 (aggravated child
12        pornography),
13            11-6 (indecent solicitation of a child),
14            11-9.1 (sexual exploitation of a child),
15            11-9.2 (custodial sexual misconduct),
16            11-9.5 (sexual misconduct with a person with a
17        disability),
18            11-14.4 (promoting juvenile prostitution),
19            11-15.1 (soliciting for a juvenile prostitute),
20            11-18.1 (patronizing a juvenile prostitute),
21            11-17.1 (keeping a place of juvenile
22        prostitution),
23            11-19.1 (juvenile pimping),
24            11-19.2 (exploitation of a child),
25            11-25 (grooming),
26            11-26 (traveling to meet a minor),

 

 

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1            11-1.20 or 12-13 (criminal sexual assault),
2            11-1.30 or 12-14 (aggravated criminal sexual
3        assault),
4            11-1.40 or 12-14.1 (predatory criminal sexual
5        assault of a child),
6            11-1.50 or 12-15 (criminal sexual abuse),
7            11-1.60 or 12-16 (aggravated criminal sexual
8        abuse),
9            12-33 (ritualized abuse of a child).
10            An attempt to commit any of these offenses.
11        (1.5) A violation of any of the following Sections of
12    the Criminal Code of 1961, when the victim is a person
13    under 18 years of age, the defendant is not a parent of the
14    victim, the offense was sexually motivated as defined in
15    Section 10 of the Sex Offender Management Board Act, and
16    the offense was committed on or after January 1, 1996:
17            10-1 (kidnapping),
18            10-2 (aggravated kidnapping),
19            10-3 (unlawful restraint),
20            10-3.1 (aggravated unlawful restraint).
21        If the offense was committed before January 1, 1996, it
22    is a sex offense requiring registration only when the
23    person is convicted of any felony after July 1, 2011, and
24    paragraph (2.1) of subsection (c) of Section 3 of this Act
25    applies.
26        (1.6) First degree murder under Section 9-1 of the

 

 

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

 

 

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1    (2.1) of subsection (c) of Section 3 of this Act applies.
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            11-14.3 that involves soliciting for a prostitute,
11        or 11-15 (soliciting for a prostitute, if the victim is
12        under 18 years of age),
13            subdivision (a)(2)(A) or (a)(2)(B) of Section
14        11-14.3, or Section 11-16 (pandering, if the victim is
15        under 18 years of age),
16            11-18 (patronizing a prostitute, if the victim is
17        under 18 years of age),
18            subdivision (a)(2)(C) of Section 11-14.3, or
19        Section 11-19 (pimping, if the victim is under 18 years
20        of age).
21        If the offense was committed before July 1, 1999, it is
22    a sex offense requiring registration only when the person
23    is convicted of any felony after July 1, 2011, and
24    paragraph (2.1) of subsection (c) of Section 3 of this Act
25    applies.
26        (1.11) A violation or attempted violation of any of the

 

 

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

 

 

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1sexually violent person under any federal law, Uniform Code of
2Military Justice, or the law of another state or foreign
3country that is substantially equivalent to the Sexually
4Dangerous Persons Act or the Sexually Violent Persons
5Commitment Act shall constitute an adjudication for the
6purposes of this Article.
7    (C-5) A person at least 17 years of age at the time of the
8commission of the offense who is convicted of first degree
9murder under Section 9-1 of the Criminal Code of 1961, against
10a person under 18 years of age, shall be required to register
11for natural life. A conviction for an offense of federal,
12Uniform Code of Military Justice, sister state, or foreign
13country law that is substantially equivalent to any offense
14listed in subsection (C-5) of this Section shall constitute a
15conviction for the purpose of this Article. This subsection
16(C-5) applies to a person who committed the offense before June
171, 1996 only if: (i) the person is incarcerated in an Illinois
18Department of Corrections facility on August 20, 2004 (the
19effective date of Public Act 93-977), or (ii) subparagraph (i)
20does not apply and the person is convicted of any felony after
21July 1, 2011, and paragraph (2.1) of subsection (c) of Section
223 of this Act applies.
23    (D) As used in this Article, "law enforcement agency having
24jurisdiction" means the Chief of Police in each of the
25municipalities in which the sex offender expects to reside,
26work, or attend school (1) upon his or her discharge, parole or

 

 

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1release or (2) during the service of his or her sentence of
2probation or conditional discharge, or the Sheriff of the
3county, in the event no Police Chief exists or if the offender
4intends to reside, work, or attend school in an unincorporated
5area. "Law enforcement agency having jurisdiction" includes
6the location where out-of-state students attend school and
7where out-of-state employees are employed or are otherwise
8required to register.
9    (D-1) As used in this Article, "supervising officer" means
10the assigned Illinois Department of Corrections parole agent or
11county probation officer.
12    (E) As used in this Article, "sexual predator" means any
13person who, after July 1, 1999, is:
14        (1) Convicted for an offense of federal, Uniform Code
15    of Military Justice, sister state, or foreign country law
16    that is substantially equivalent to any offense listed in
17    subsection (E) or (E-5) of this Section shall constitute a
18    conviction for the purpose of this Article. Convicted of a
19    violation or attempted violation of any of the following
20    Sections of the Criminal Code of 1961, if the conviction
21    occurred after July 1, 1999:
22            11-14.4 that involves keeping a place of juvenile
23        prostitution, or 11-17.1 (keeping a place of juvenile
24        prostitution),
25            subdivision (a)(2) or (a)(3) of Section 11-14.4,
26        or Section 11-19.1 (juvenile pimping),

 

 

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1            subdivision (a)(4) of Section 11-14.4, or Section
2        11-19.2 (exploitation of a child),
3            11-20.1 (child pornography),
4            11-20.1B or 11-20.3 (aggravated child
5        pornography),
6            11-1.20 or 12-13 (criminal sexual assault),
7            11-1.30 or 12-14 (aggravated criminal sexual
8        assault),
9            11-1.40 or 12-14.1 (predatory criminal sexual
10        assault of a child),
11            11-1.60 or 12-16 (aggravated criminal sexual
12        abuse),
13            12-33 (ritualized abuse of a child);
14        (2) (blank);
15        (3) certified as a sexually dangerous person pursuant
16    to the Sexually Dangerous Persons Act or any substantially
17    similar federal, Uniform Code of Military Justice, sister
18    state, or foreign country law;
19        (4) found to be a sexually violent person pursuant to
20    the Sexually Violent Persons Commitment Act or any
21    substantially similar federal, Uniform Code of Military
22    Justice, sister state, or foreign country law;
23        (5) convicted of a second or subsequent offense which
24    requires registration pursuant to this Act. The conviction
25    for the second or subsequent offense must have occurred
26    after July 1, 1999. For purposes of this paragraph (5),

 

 

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1    "convicted" shall include a conviction under any
2    substantially similar Illinois, federal, Uniform Code of
3    Military Justice, sister state, or foreign country law; or
4        (6) convicted of a second or subsequent offense of
5    luring a minor under Section 10-5.1 of the Criminal Code of
6    1961; or .
7        (7) if the person was convicted of an offense set forth
8    in this subsection (E) on or before July 1, 1999, the
9    person is a sexual predator for whom registration is
10    required only when the person is convicted of a felony
11    offense after July 1, 2011, and paragraph (2.1) of
12    subsection (c) of Section 3 of this Act applies.
13    (E-5) As used in this Article, "sexual predator" also means
14a person convicted of a violation or attempted violation of any
15of the following Sections of the Criminal Code of 1961:
16        (1) Section 9-1 (first degree murder, when the victim
17    was a person under 18 years of age and the defendant was at
18    least 17 years of age at the time of the commission of the
19    offense, provided the offense was sexually motivated as
20    defined in Section 10 of the Sex Offender Management Board
21    Act);
22        (2) Section 11-9.5 (sexual misconduct with a person
23    with a disability);
24        (3) when the victim is a person under 18 years of age,
25    the defendant is not a parent of the victim, the offense
26    was sexually motivated as defined in Section 10 of the Sex

 

 

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

 

 

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1    (G) As used in this Article, "out-of-state employee" means
2any sex offender, as defined in this Section, or sexual
3predator who works in Illinois, regardless of whether the
4individual receives payment for services performed, for a
5period of time of 10 or more days or for an aggregate period of
6time of 30 or more days during any calendar year. Persons who
7operate motor vehicles in the State accrue one day of
8employment time for any portion of a day spent in Illinois.
9    (H) As used in this Article, "school" means any public or
10private educational institution, including, but not limited
11to, any elementary or secondary school, trade or professional
12institution, or institution of higher education.
13    (I) As used in this Article, "fixed residence" means any
14and all places that a sex offender resides for an aggregate
15period of time of 5 or more days in a calendar year.
16    (J) As used in this Article, "Internet protocol address"
17means the string of numbers by which a location on the Internet
18is identified by routers or other computers connected to the
19Internet.
20(Source: P.A. 95-331, eff. 8-21-07; 95-579, eff. 6-1-08;
2195-625, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff.
228-21-08; 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11; 96-1551,
23eff. 7-1-11.)
 
24    (730 ILCS 150/3)
25    (Text of Section after amendment by P.A. 96-1551)

 

 

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1    Sec. 3. Duty to register.
2    (a) A sex offender, as defined in Section 2 of this Act, or
3sexual predator shall, within the time period prescribed in
4subsections (b) and (c), register in person and provide
5accurate information as required by the Department of State
6Police. Such information shall include a current photograph,
7current address, current place of employment, the sex
8offender's or sexual predator's telephone number, including
9cellular telephone number, the employer's telephone number,
10school attended, all e-mail addresses, instant messaging
11identities, chat room identities, and other Internet
12communications identities that the sex offender uses or plans
13to use, all Uniform Resource Locators (URLs) registered or used
14by the sex offender, all blogs and other Internet sites
15maintained by the sex offender or to which the sex offender has
16uploaded any content or posted any messages or information,
17extensions of the time period for registering as provided in
18this Article and, if an extension was granted, the reason why
19the extension was granted and the date the sex offender was
20notified of the extension. The information shall also include a
21copy of the terms and conditions of parole or release signed by
22the sex offender and given to the sex offender by his or her
23supervising officer, the county of conviction, license plate
24numbers for every vehicle registered in the name of the sex
25offender, the age of the sex offender at the time of the
26commission of the offense, the age of the victim at the time of

 

 

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1the commission of the offense, and any distinguishing marks
2located on the body of the sex offender. A sex offender
3convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
411-21 of the Criminal Code of 1961 shall provide all Internet
5protocol (IP) addresses in his or her residence, registered in
6his or her name, accessible at his or her place of employment,
7or otherwise under his or her control or custody. If the sex
8offender is a child sex offender as defined in Section 11-9.3
9or 11-9.4 of the Criminal Code of 1961, the sex offender shall
10report to the registering agency whether he or she is living in
11a household with a child under 18 years of age who is not his or
12her own child, provided that his or her own child is not the
13victim of the sex offense. The sex offender or sexual predator
14shall register:
15        (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 3 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
20        (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    3 or more days in an unincorporated area or, if
23    incorporated, no police chief exists.
24    If the sex offender or sexual predator is employed at or
25attends an institution of higher education, he or she shall
26register:

 

 

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1        (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.
10    For purposes of this Article, the place of residence or
11temporary domicile is defined as any and all places where the
12sex offender resides for an aggregate period of time of 3 or
13more days during any calendar year. Any person required to
14register under this Article who lacks a fixed address or
15temporary domicile must notify, in person, the agency of
16jurisdiction of his or her last known address within 3 days
17after ceasing to have a fixed residence.
18    A sex offender or sexual predator who is temporarily absent
19from his or her current address of registration for 3 or more
20days shall notify the law enforcement agency having
21jurisdiction of his or her current registration, including the
22itinerary for travel, in the manner provided in Section 6 of
23this Act for notification to the law enforcement agency having
24jurisdiction of change of address.
25    Any person who lacks a fixed residence must report weekly,
26in person, with the sheriff's office of the county in which he

 

 

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1or she is located in an unincorporated area, or with the chief
2of police in the municipality in which he or she is located.
3The agency of jurisdiction will document each weekly
4registration to include all the locations where the person has
5stayed during the past 7 days.
6    The sex offender or sexual predator shall provide accurate
7information as required by the Department of State Police. That
8information shall include the sex offender's or sexual
9predator's current place of employment.
10    (a-5) An out-of-state student or out-of-state employee
11shall, within 3 days after beginning school or employment in
12this State, register in person and provide accurate information
13as required by the Department of State Police. Such information
14will include current place of employment, school attended, and
15address in state of residence. A sex offender convicted under
16Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the
17Criminal Code of 1961 shall provide all Internet protocol (IP)
18addresses in his or her residence, registered in his or her
19name, accessible at his or her place of employment, or
20otherwise under his or her control or custody. The out-of-state
21student or out-of-state employee shall register:
22        (1) with the chief of police in the municipality in
23    which he or she attends school or is employed for a period
24    of time of 5 or more days or for an aggregate period of
25    time of more than 30 days during any calendar year, unless
26    the municipality is the City of Chicago, in which case he

 

 

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1    or she shall register at the Chicago Police Department
2    Headquarters; or
3        (2) with the sheriff in the county in which he or she
4    attends school or is employed for a period of time of 5 or
5    more days or for an aggregate period of time of more than
6    30 days during any calendar year in an unincorporated area
7    or, if incorporated, no police chief exists.
8    The out-of-state student or out-of-state employee shall
9provide accurate information as required by the Department of
10State Police. That information shall include the out-of-state
11student's current place of school attendance or the
12out-of-state employee's current place of employment.
13    (a-10) Any law enforcement agency registering sex
14offenders or sexual predators in accordance with subsections
15(a) or (a-5) of this Section shall forward to the Attorney
16General a copy of sex offender registration forms from persons
17convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
1811-21 of the Criminal Code of 1961, including periodic and
19annual registrations under Section 6 of this Act.
20    (b) Any sex offender, as defined in Section 2 of this Act,
21or sexual predator, regardless of any initial, prior, or other
22registration, shall, within 3 days of beginning school, or
23establishing a residence, place of employment, or temporary
24domicile in any county, register in person as set forth in
25subsection (a) or (a-5).
26    (c) The registration for any person required to register

 

 

09700HB1253sam001- 20 -LRB097 06687 RLC 56008 a

1under this Article shall be as follows:
2        (1) Any person registered under the Habitual Child Sex
3    Offender Registration Act or the Child Sex Offender
4    Registration Act prior to January 1, 1996, shall be deemed
5    initially registered as of January 1, 1996; however, this
6    shall not be construed to extend the duration of
7    registration set forth in Section 7.
8        (2) Except as provided in subsection (c)(2.1) or
9    (c)(4), any person convicted or adjudicated prior to
10    January 1, 1996, whose liability for registration under
11    Section 7 has not expired, shall register in person prior
12    to January 31, 1996.
13        (2.1) A sex offender or sexual predator, who has never
14    previously been required to register under this Act, has a
15    duty to register if the person has been convicted of any
16    felony offense after July 1, 2011. A person who previously
17    was required to register under this Act for a period of 10
18    years and successfully completed that registration period
19    has a duty to register if: (i) the person has been
20    convicted of any felony offense after July 1, 2011, and
21    (ii) the offense for which the 10 year registration was
22    served currently requires a registration period of more
23    than 10 years. Notification of an offender's duty to
24    register under this subsection shall be pursuant to Section
25    5-7 of this Act.
26        (2.5) Except as provided in subsection (c)(4), any

 

 

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

 

 

09700HB1253sam001- 22 -LRB097 06687 RLC 56008 a

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

 

 

09700HB1253sam001- 23 -LRB097 06687 RLC 56008 a

1    Attorney General to administer the I-SORT program and to
2    alert and educate the public, victims, and witnesses of
3    their rights under various victim notification laws and for
4    training law enforcement agencies, State's Attorneys, and
5    medical providers of their legal duties concerning the
6    prosecution and investigation of sex offenses.
7    (d) Within 3 days after obtaining or changing employment
8and, if employed on January 1, 2000, within 5 days after that
9date, a person required to register under this Section must
10report, in person to the law enforcement agency having
11jurisdiction, the business name and address where he or she is
12employed. If the person has multiple businesses or work
13locations, every business and work location must be reported to
14the law enforcement agency having jurisdiction.
15(Source: P.A. 95-229, eff. 8-16-07; 95-579, eff. 6-1-08;
1695-640, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff.
178-21-08; 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; 96-1097,
18eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. 1-1-11;
1996-1551, eff. 7-1-11.)
 
20    (730 ILCS 150/3-5)
21    Sec. 3-5. Application of Act to adjudicated juvenile
22delinquents.
23    (a) In all cases involving an adjudicated juvenile
24delinquent who meets the definition of sex offender as set
25forth in paragraph (5) of subsection (A) of Section 2 of this

 

 

09700HB1253sam001- 24 -LRB097 06687 RLC 56008 a

1Act, the court shall order the minor to register as a sex
2offender.
3    (b) Once an adjudicated juvenile delinquent is ordered to
4register as a sex offender, the adjudicated juvenile delinquent
5shall be subject to the registration requirements set forth in
6Sections 3, 6, 6-5, 8, 8-5, and 10 for the term of his or her
7registration.
8    (c) For a minor adjudicated delinquent for an offense
9which, if charged as an adult, would be a felony, no less than
105 years after registration ordered pursuant to subsection (a)
11of this Section, the minor may petition for the termination of
12the term of registration. For a minor adjudicated delinquent
13for an offense which, if charged as an adult, would be a
14misdemeanor, no less than 2 years after registration ordered
15pursuant to subsection (a) of this Section, the minor may
16petition for termination of the term of registration.
17    (d) The court may upon a hearing on the petition for
18termination of registration, terminate registration if the
19court finds that the registrant poses no risk to the community
20by a preponderance of the evidence based upon the factors set
21forth in subsection (e).
22    Notwithstanding any other provisions of this Act to the
23contrary, no registrant whose registration has been terminated
24under this Section shall be required to register under the
25provisions of this Act for the offense or offenses which were
26the subject of the successful petition for termination of

 

 

09700HB1253sam001- 25 -LRB097 06687 RLC 56008 a

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

 

 

09700HB1253sam001- 26 -LRB097 06687 RLC 56008 a

1    (g) After a registrant completes the term of his or her
2registration, his or her name, address, and all other
3identifying information shall be removed from all State and
4local registries.
5    (h) This Section applies retroactively to cases in which
6adjudicated juvenile delinquents who registered or were
7required to register before the effective date of this
8amendatory Act of the 95th General Assembly. On or after the
9effective date of this amendatory Act of the 95th General
10Assembly, a person adjudicated delinquent before the effective
11date of this amendatory Act of the 95th General Assembly may
12request a hearing regarding status of registration by filing a
13Petition Requesting Registration Status with the clerk of the
14court. Upon receipt of the Petition Requesting Registration
15Status, the clerk of the court shall provide notice to the
16parties and set the Petition for hearing pursuant to
17subsections (c) through (e) of this Section.
18    (i) This Section does not apply to minors prosecuted under
19the criminal laws as adults.
20(Source: P.A. 95-658, eff. 10-11-07.)
 
21    (730 ILCS 150/5-7 new)
22    Sec. 5-7. Notification and release or discharge of sex
23offender or sexual predator upon conviction for a felony
24offense committed after July 1, 2011. A person with a duty to
25register under paragraph (2.1) of subsection (c) of Section 3,

 

 

09700HB1253sam001- 27 -LRB097 06687 RLC 56008 a

1who is released on probation or conditional discharge for
2conviction on a felony offense committed on or after July 1,
32011, shall, prior to release be notified of his or her duty to
4register as set forth in Section 5 of this Act. A person with a
5duty to register under paragraph (2.1) of subsection (c) of
6Section 3 who is discharged, paroled, or released from a
7Department of Corrections facility or other penal institution
8shall be notified of his or her duty to register as set forth
9in Section 4 of this Act. Any other person with a duty to
10register under paragraph (2.1) of subsection (c) of Section 3,
11who is unable to comply with the registration requirements
12because he or she is otherwise confined or institutionalized
13shall register in person within 3 days after release or
14discharge.
 
15    (730 ILCS 150/7)  (from Ch. 38, par. 227)
16    Sec. 7. Duration of registration. A person who has been
17adjudicated to be sexually dangerous and is later released or
18found to be no longer sexually dangerous and discharged, shall
19register for the period of his or her natural life. A sexually
20violent person or sexual predator shall register for the period
21of his or her natural life after conviction or adjudication if
22not confined to a penal institution, hospital, or other
23institution or facility, and if confined, for the period of his
24or her natural life after parole, discharge, or release from
25any such facility. A person who becomes subject to registration

 

 

09700HB1253sam001- 28 -LRB097 06687 RLC 56008 a

1under paragraph (2.1) of subsection (c) of Section 3 of this
2Article who has previously been subject to registration under
3this Article shall register for the period currently required
4for the offense for which the person was previously registered
5if not confined to a penal institution, hospital, or other
6institution or facility, and if confined, for the same period
7after parole, discharge, or release from any such facility.
8Except as otherwise provided in this Section, a A person who
9becomes subject to registration under this Article who has
10previously been subject to registration under this Article or
11under the Child Murderer and Violent Offender Against Youth
12Registration Act or similar registration requirements of other
13jurisdictions shall register for the period of his or her
14natural life if not confined to a penal institution, hospital,
15or other institution or facility, and if confined, for the
16period of his or her natural life after parole, discharge, or
17release from any such facility. Any other person who is
18required to register under this Article shall be required to
19register for a period of 10 years after conviction or
20adjudication if not confined to a penal institution, hospital
21or any other institution or facility, and if confined, for a
22period of 10 years after parole, discharge or release from any
23such facility. A sex offender who is allowed to leave a county,
24State, or federal facility for the purposes of work release,
25education, or overnight visitations shall be required to
26register within 3 days of beginning such a program. Liability

 

 

09700HB1253sam001- 29 -LRB097 06687 RLC 56008 a

1for registration terminates at the expiration of 10 years from
2the date of conviction or adjudication if not confined to a
3penal institution, hospital or any other institution or
4facility and if confined, at the expiration of 10 years from
5the date of parole, discharge or release from any such
6facility, providing such person does not, during that period,
7again become liable to register under the provisions of this
8Article. Reconfinement due to a violation of parole or other
9circumstances that relates to the original conviction or
10adjudication shall extend the period of registration to 10
11years after final parole, discharge, or release. Reconfinement
12due to a violation of parole, a conviction revising
13registration, or other circumstances that do not relate to the
14original conviction or adjudication shall toll the running of
15the balance of the 10-year period of registration, which shall
16not commence running until after final parole, discharge, or
17release. The Director of State Police, consistent with
18administrative rules, shall extend for 10 years the
19registration period of any sex offender, as defined in Section
202 of this Act, who fails to comply with the provisions of this
21Article. The registration period for any sex offender who fails
22to comply with any provision of the Act shall extend the period
23of registration by 10 years beginning from the first date of
24registration after the violation. If the registration period is
25extended, the Department of State Police shall send a
26registered letter to the law enforcement agency where the sex

 

 

09700HB1253sam001- 30 -LRB097 06687 RLC 56008 a

1offender resides within 3 days after the extension of the
2registration period. The sex offender shall report to that law
3enforcement agency and sign for that letter. One copy of that
4letter shall be kept on file with the law enforcement agency of
5the jurisdiction where the sex offender resides and one copy
6shall be returned to the Department of State Police.
7(Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-169,
8eff. 8-14-07; 95-331, eff. 8-21-07; 95-513, eff. 6-1-08;
995-640, eff. 6-1-08; 95-876, eff. 8-21-08.)".