Full Text of HB3506 97th General Assembly
HB3506 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3506 Introduced 2/24/2011, by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED: |
| 730 ILCS 150/3 | | 730 ILCS 150/6 | | 730 ILCS 152/123 new | |
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Amends the Sex Offender Registration Act. Provides that the e-mail addresses, instant messaging identities, chat room identities, and other Internet communications identities that the sex offender provides to the law enforcement agency with which the sex offender registers, are those the sex offender uses or plans to use while accesssing the Internet or those that the sex offender uses for other purposes of social networking or other similar Internet communication. Amends the Sex Offender Community Notification Law. Provides that the Department of State Police shall, upon the request of any Internet service provider, release to such provider the following information concerning a registered sex offender: all e-mail addresses, instant messaging identities, chat room identities, and other Internet communications identities that the sex offender uses or plans to use that would enable the Internet service provider to prescreen or remove the sex offender from its services or, in conformity with State and federal law, advise law enforcement or other governmental entities of potential violations of law or threats to public safety. Provides that before releasing information to an Internet service provider, the Department shall require an Internet service provider that requests information to submit to the Department the name, address, and telephone number of such provider and the specific legal nature and corporate status of such provider.
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| 1 | | AN ACT concerning sex offenders.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Sex Offender Registration Act is amended by | 5 | | changing Sections 3 and 6 as follows: | 6 | | (730 ILCS 150/3) | 7 | | Sec. 3. Duty to register.
| 8 | | (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
| 12 | | Police. Such information shall include a current photograph,
| 13 | | 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 while accesssing the Internet or uses for other purposes | 20 | | of social networking or other similar Internet communication , | 21 | | all Uniform Resource Locators (URLs) registered or used by the | 22 | | sex offender, all blogs and other Internet sites maintained by | 23 | | the sex offender or to which the sex offender has uploaded any |
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| 1 | | content or posted any messages or information, extensions of | 2 | | the time period for registering as provided in this Article | 3 | | and, if an extension was granted, the reason why the extension | 4 | | was granted and the date the sex offender was notified of the | 5 | | extension. The information shall also include a copy of the | 6 | | terms and conditions of parole or release signed by the sex | 7 | | offender and given to the sex offender by his or her | 8 | | supervising officer, the county of conviction, license plate | 9 | | numbers for every vehicle registered in the name of the sex | 10 | | offender, the age of the sex offender at the time of the | 11 | | commission of the offense, the age of the victim at the time of | 12 | | the commission of the offense, and any distinguishing marks | 13 | | located on the body of the sex offender. A sex offender | 14 | | convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the | 15 | | Criminal Code of 1961 shall provide all Internet protocol (IP) | 16 | | addresses in his or her residence, registered in his or her | 17 | | name, accessible at his or her place of employment, or | 18 | | otherwise under his or her control or custody. If the sex | 19 | | offender is a child sex offender as defined in Section 11-9.3 | 20 | | or 11-9.4 of the Criminal Code of 1961, the sex offender shall | 21 | | report to the registering agency whether he or she is living in | 22 | | a household with a child under 18 years of age who is not his or | 23 | | her own child, provided that his or her own child is not the | 24 | | victim of the sex offense. The sex offender or
sexual predator | 25 | | shall register:
| 26 | | (1) with the chief of police in the municipality in |
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| 1 | | which he or she
resides or is temporarily domiciled for a | 2 | | period of time of 3 or more
days, unless the
municipality | 3 | | is the City of Chicago, in which case he or she shall | 4 | | register
at the Chicago Police Department Headquarters; or
| 5 | | (2) with the sheriff in the county in which
he or she | 6 | | resides or is
temporarily domiciled
for a period of time of | 7 | | 3 or more days in an unincorporated
area or, if | 8 | | incorporated, no police chief exists.
| 9 | | If the sex offender or sexual predator is employed at or | 10 | | attends an institution of higher education, he or she shall | 11 | | register:
| 12 | | (i) with the chief of police in the municipality in | 13 | | which he or she is employed at or attends an institution of | 14 | | higher education, unless the municipality is the City of | 15 | | Chicago, in which case he or she shall register at the | 16 | | Chicago Police Department Headquarters; or | 17 | | (ii) with the sheriff in the county in which he or she | 18 | | is employed or attends an institution of higher education | 19 | | located in an unincorporated area, or if incorporated, no | 20 | | police chief exists.
| 21 | | For purposes of this Article, the place of residence or | 22 | | temporary
domicile is defined as any and all places where the | 23 | | sex offender resides
for an aggregate period of time of 3 or | 24 | | more days during any calendar year.
Any person required to | 25 | | register under this Article who lacks a fixed address or | 26 | | temporary domicile must notify, in person, the agency of |
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| 1 | | jurisdiction of his or her last known address within 3 days | 2 | | after ceasing to have a fixed residence. | 3 | | A sex offender or sexual predator who is temporarily absent | 4 | | from his or her current address of registration for 3 or more | 5 | | days shall notify the law enforcement agency having | 6 | | jurisdiction of his or her current registration, including the | 7 | | itinerary for travel, in the manner provided in Section 6 of | 8 | | this Act for notification to the law enforcement agency having | 9 | | jurisdiction of change of address. | 10 | | Any person who lacks a fixed residence must report weekly, | 11 | | in person, with the sheriff's office of the county in which he | 12 | | or she is located in an unincorporated area, or with the chief | 13 | | of police in the municipality in which he or she is located. | 14 | | The agency of jurisdiction will document each weekly | 15 | | registration to include all the locations where the person has | 16 | | stayed during the past 7 days.
| 17 | | The sex offender or sexual predator shall provide accurate | 18 | | information
as required by the Department of State Police. That | 19 | | information shall include
the sex offender's or sexual | 20 | | predator's current place of employment.
| 21 | | (a-5) An out-of-state student or out-of-state employee | 22 | | shall,
within 3 days after beginning school or employment in | 23 | | this State,
register in person and provide accurate information | 24 | | as required by the
Department of State Police. Such information | 25 | | will include current place of
employment, school attended, and | 26 | | address in state of residence. A sex offender convicted under |
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| 1 | | Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code | 2 | | of 1961 shall provide all Internet protocol (IP) addresses in | 3 | | his or her residence, registered in his or her name, accessible | 4 | | at his or her place of employment, or otherwise under his or | 5 | | her control or custody. The out-of-state student or | 6 | | out-of-state employee shall register:
| 7 | | (1) with the chief of police in the municipality in | 8 | | which he or she attends school or is employed for a period | 9 | | of time of 5
or more days or for an
aggregate period of | 10 | | time of more than 30 days during any
calendar year, unless | 11 | | the
municipality is the City of Chicago, in which case he | 12 | | or she shall register at
the Chicago Police Department | 13 | | Headquarters; or
| 14 | | (2) with the sheriff in the county in which
he or she | 15 | | attends school or is
employed for a period of time of 5 or | 16 | | more days or
for an aggregate period of
time of more than | 17 | | 30 days during any calendar year in an
unincorporated area
| 18 | | or, if incorporated, no police chief exists. | 19 | | The out-of-state student or out-of-state employee shall | 20 | | provide accurate
information as required by the Department of | 21 | | State Police. That information
shall include the out-of-state | 22 | | student's current place of school attendance or
the | 23 | | out-of-state employee's current place of employment.
| 24 | | (a-10) Any law enforcement agency registering sex | 25 | | offenders or sexual predators in accordance with subsections | 26 | | (a) or (a-5) of this Section shall forward to the Attorney |
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| 1 | | General a copy of sex offender registration forms from persons | 2 | | convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the | 3 | | Criminal Code of 1961, including periodic and annual | 4 | | registrations under Section 6 of this Act. | 5 | | (b) Any sex offender, as defined in Section 2 of this Act, | 6 | | or sexual
predator, regardless of any initial,
prior, or other | 7 | | registration, shall, within 3 days of beginning school,
or | 8 | | establishing a
residence, place of employment, or temporary | 9 | | domicile in
any county, register in person as set forth in | 10 | | subsection (a)
or (a-5).
| 11 | | (c) The registration for any person required to register | 12 | | under this
Article shall be as follows:
| 13 | | (1) Any person registered under the Habitual Child Sex | 14 | | Offender
Registration Act or the Child Sex Offender | 15 | | Registration Act prior to January
1, 1996, shall be deemed | 16 | | initially registered as of January 1, 1996; however,
this | 17 | | shall not be construed to extend the duration of | 18 | | registration set forth
in Section 7.
| 19 | | (2) Except as provided in subsection (c)(4), any person | 20 | | convicted or
adjudicated prior to January 1, 1996, whose | 21 | | liability for registration under
Section 7 has not expired, | 22 | | shall register in person prior to January 31,
1996.
| 23 | | (2.5) Except as provided in subsection (c)(4), any | 24 | | person who has not
been notified of his or her | 25 | | responsibility to register shall be notified by a
criminal | 26 | | justice entity of his or her responsibility to register. |
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| 1 | | Upon
notification the person must then register within 3 | 2 | | days of notification of
his or her requirement to register. | 3 | | If notification is not made within the
offender's 10 year | 4 | | registration requirement, and the Department of State
| 5 | | Police determines no evidence exists or indicates the | 6 | | offender attempted to
avoid registration, the offender | 7 | | will no longer be required to register under
this Act.
| 8 | | (3) Except as provided in subsection (c)(4), any person | 9 | | convicted on
or after January 1, 1996, shall register in | 10 | | person within 3 days after the
entry of the sentencing | 11 | | order based upon his or her conviction.
| 12 | | (4) Any person unable to comply with the registration | 13 | | requirements of
this Article because he or she is confined, | 14 | | institutionalized,
or imprisoned in Illinois on or after | 15 | | January 1, 1996, shall register in person
within 3 days of | 16 | | discharge, parole or release.
| 17 | | (5) The person shall provide positive identification | 18 | | and documentation
that substantiates proof of residence at | 19 | | the registering address.
| 20 | | (6) The person shall pay a $100
initial registration | 21 | | fee and
a $100
annual
renewal fee. The fees shall be used | 22 | | by the registering agency for official
purposes. The agency | 23 | | shall establish procedures to document receipt and use
of | 24 | | the funds.
The law enforcement agency having jurisdiction | 25 | | may waive the registration fee
if it determines that the | 26 | | person is indigent and unable to pay the registration
fee.
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| 1 | | Thirty dollars for the initial registration fee and $30 of | 2 | | the annual renewal fee
shall be used by the registering | 3 | | agency for official purposes. Ten dollars of
the initial | 4 | | registration fee and $10 of the annual fee shall be | 5 | | deposited into
the Sex Offender Management Board Fund under | 6 | | Section 19 of the Sex Offender
Management Board Act. Money | 7 | | deposited into the Sex Offender Management Board
Fund shall | 8 | | be administered by the Sex Offender Management Board and | 9 | | shall be
used to
fund practices endorsed or required by the | 10 | | Sex Offender Management Board Act
including but not limited | 11 | | to sex offenders evaluation, treatment, or
monitoring | 12 | | programs that are or may be developed, as well as for
| 13 | | administrative costs, including staff, incurred by the | 14 | | Board.
Thirty dollars of the initial registration fee and | 15 | | $30 of the annual renewal fee shall be deposited into the | 16 | | Sex Offender Registration Fund and shall be used by the | 17 | | Department of State Police to maintain and update the | 18 | | Illinois State Police Sex Offender Registry. Thirty | 19 | | dollars of the initial registration fee and $30 of the | 20 | | annual renewal fee shall be deposited into the Attorney | 21 | | General Sex Offender Awareness, Training, and Education | 22 | | Fund. Moneys deposited into the Fund shall be used by the | 23 | | Attorney General to administer the I-SORT program and to | 24 | | alert and educate the public, victims, and witnesses of | 25 | | their rights under various victim notification laws and for | 26 | | training law enforcement agencies, State's Attorneys, and |
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| 1 | | medical providers of their legal duties concerning the | 2 | | prosecution and investigation of sex offenses. | 3 | | (d) Within 3 days after obtaining or changing employment | 4 | | and, if employed
on January 1, 2000, within 5 days after that | 5 | | date, a person required to
register under this Section must | 6 | | report, in person to the law
enforcement agency having | 7 | | jurisdiction, the business name and address where he
or she is | 8 | | employed. If the person has multiple businesses or work | 9 | | locations,
every business and work location must be reported to | 10 | | the law enforcement agency
having jurisdiction.
| 11 | | (Source: P.A. 95-229, eff. 8-16-07; 95-579, eff. 6-1-08; | 12 | | 95-640, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. | 13 | | 8-21-08; 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; 96-1097, | 14 | | eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. 1-1-11; | 15 | | revised 9-2-10.)
| 16 | | (730 ILCS 150/6)
| 17 | | Sec. 6. Duty to report; change of address, school, or | 18 | | employment; duty
to inform.
A person who has been adjudicated | 19 | | to be sexually dangerous or is a sexually
violent person and is | 20 | | later released, or found to be no longer sexually
dangerous or | 21 | | no longer a sexually violent person and discharged, or | 22 | | convicted of a violation of this Act after July 1, 2005, shall | 23 | | report in
person to the law enforcement agency with whom he or | 24 | | she last registered no
later than 90 days after the date of his | 25 | | or her last registration and every 90
days thereafter and at |
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| 1 | | such other times at the request of the law enforcement agency | 2 | | not to exceed 4 times a year. Such sexually dangerous or | 3 | | sexually
violent person must report all new or changed e-mail | 4 | | addresses, all new or changed instant messaging identities, all | 5 | | new or changed chat room identities, and all other new or | 6 | | changed Internet communications identities that the sexually | 7 | | dangerous or sexually
violent person uses or plans to use, all | 8 | | new or changed Uniform Resource Locators (URLs) registered or | 9 | | used by the sexually dangerous or sexually
violent person, and | 10 | | all new or changed blogs and other Internet sites maintained by | 11 | | the sexually dangerous or sexually
violent person or to which | 12 | | the sexually dangerous or sexually
violent person has uploaded | 13 | | any content or posted any messages or information. Any person | 14 | | who lacks a fixed residence must report weekly, in person, to | 15 | | the appropriate law enforcement agency where the sex offender | 16 | | is located. Any other person who is required to register under | 17 | | this
Article shall report in person to the appropriate law | 18 | | enforcement agency with
whom he or she last registered within | 19 | | one year from the date of last
registration and every year | 20 | | thereafter and at such other times at the request of the law | 21 | | enforcement agency not to exceed 4 times a year. If any person | 22 | | required to register under this Article lacks a fixed residence | 23 | | or temporary domicile, he or she must notify, in person, the | 24 | | agency of jurisdiction of his or her last known address within | 25 | | 3 days after ceasing to have a fixed residence and if the | 26 | | offender leaves the last jurisdiction of residence, he or she, |
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| 1 | | must within 3 days after leaving register in person with the | 2 | | new agency of jurisdiction. If any other person required to | 3 | | register
under this Article changes his or her residence | 4 | | address, place of
employment,
telephone number, cellular | 5 | | telephone number, or school, he or she shall report in
person, | 6 | | to the law
enforcement agency
with whom he or she last | 7 | | registered, his or her new address, change in
employment, | 8 | | telephone number, cellular telephone number, or school, all new | 9 | | or changed e-mail addresses, all new or changed instant | 10 | | messaging identities, all new or changed chat room identities, | 11 | | and all other new or changed Internet communications identities | 12 | | that the sex offender uses or plans to use while accesssing the | 13 | | Internet or uses for other purposes of social networking or | 14 | | other similar Internet communication , all new or changed | 15 | | Uniform Resource Locators (URLs) registered or used by the sex | 16 | | offender, and all new or changed blogs and other Internet sites | 17 | | maintained by the sex offender or to which the sex offender has | 18 | | uploaded any content or posted any messages or information, and | 19 | | register, in person, with the appropriate law enforcement
| 20 | | agency within the
time period specified in Section 3. If the | 21 | | sex offender is a child sex offender as defined in Section | 22 | | 11-9.3 or 11-9.4 of the Criminal Code of 1961, the sex offender | 23 | | shall within 3 days after beginning to reside in a household | 24 | | with a child under 18 years of age who is not his or her own | 25 | | child, provided that his or her own child is not the victim of | 26 | | the sex offense, report that information to the registering law |
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| 1 | | enforcement agency. The law enforcement agency shall, within 3
| 2 | | days of the reporting in person by the person required to | 3 | | register under this Article, notify the Department of State | 4 | | Police of the new place of residence, change in
employment, | 5 | | telephone number, cellular telephone number, or school. | 6 | | If any person required to register under this Article | 7 | | intends to establish a
residence or employment outside of the | 8 | | State of Illinois, at least 10 days
before establishing that | 9 | | residence or employment, he or she shall report in person to | 10 | | the law enforcement agency with which he or she last registered | 11 | | of his
or her out-of-state intended residence or employment. | 12 | | The law enforcement agency with
which such person last | 13 | | registered shall, within 3 days after the reporting in person | 14 | | of the person required to register under this Article of an | 15 | | address or
employment change, notify the Department of State | 16 | | Police. The Department of
State Police shall forward such | 17 | | information to the out-of-state law enforcement
agency having | 18 | | jurisdiction in the form and manner prescribed by the
| 19 | | Department of State Police. | 20 | | (Source: P.A. 95-229, eff. 8-16-07; 95-331, eff. 8-21-07; | 21 | | 95-640, eff. 6-1-08; 95-876, eff. 8-21-08; 96-1094, eff. | 22 | | 1-1-11; 96-1104, eff. 1-1-11; revised 9-2-10.)
| 23 | | Section 10. The Sex Offender Community Notification Law is | 24 | | amended by adding Section 123 as follows: |
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| 1 | | (730 ILCS 152/123 new) | 2 | | Sec. 123. Disclosure of information to Internet service | 3 | | provider. The Department of State Police shall, upon the | 4 | | request of any Internet service provider, release to such | 5 | | provider the following information concerning a registered sex | 6 | | offender: all e-mail addresses, instant messaging identities, | 7 | | chat room identities, and other Internet communications | 8 | | identities that the sex offender uses or plans to use that | 9 | | would enable the Internet service provider to prescreen or | 10 | | remove the sex offender from its services or, in conformity | 11 | | with State and federal law, advise law enforcement or other | 12 | | governmental entities of potential violations of law or threats | 13 | | to public safety. Before releasing information to an Internet | 14 | | service provider, the Department shall require an Internet | 15 | | service provider that requests information to submit to the | 16 | | Department the name, address, and telephone number of such | 17 | | provider and the specific legal nature and corporate status of | 18 | | such provider. Except for the purposes specified in this | 19 | | Section, an Internet service provider may not publish or in any | 20 | | way disclose or redisclose any information provided to it by | 21 | | the Department pursuant to this Section. The Department shall | 22 | | update any information released pursuant to this Section on a | 23 | | monthly basis to ensure that the information of every | 24 | | individual that has been removed from the sex offender registry | 25 | | in this State is no longer released pursuant to this Section. | 26 | | The Department may charge the Internet service provider a fee |
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| 1 | | for access to information pursuant to this Section. The | 2 | | Department shall promulgate any rules necessary to implement | 3 | | the provisions of this Section. As used in this Section, | 4 | | "Internet service provider" means any business, organization | 5 | | or other entity providing or offering a service over the | 6 | | Internet which permits persons under 18 years of age to access, | 7 | | meet, congregate, or communicate with other users for the | 8 | | purpose of social networking. This definition does not include | 9 | | general e-mail services.
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