Full Text of SB1040 97th General Assembly
SB1040sam001 97TH GENERAL ASSEMBLY | Sen. William R. Haine Filed: 4/11/2011
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| 1 | | AMENDMENT TO SENATE BILL 1040
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1040 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Sex Offender Registration Act is amended by | 5 | | changing Sections 2, 3, 6, 7, 8, and 11 and by adding Section | 6 | | 10.1 as follows:
| 7 | | (730 ILCS 150/2) (from Ch. 38, par. 222)
| 8 | | Sec. 2. Definitions.
| 9 | | (A) As used in this Article, "sex offender" means any | 10 | | person who is:
| 11 | | (1) charged pursuant to Illinois law, or any | 12 | | substantially similar
federal, Uniform Code of Military | 13 | | Justice, sister state, law of another jurisdiction, tribe, | 14 | | territory, District of Columbia, or foreign country
law,
| 15 | | with a sex offense set forth
in subsection (B) of this | 16 | | Section or the attempt to commit an included sex
offense, |
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| 1 | | and:
| 2 | | (a) is convicted of such offense or an attempt to | 3 | | commit such offense , conspiracy to commit the offense, | 4 | | or solicitation to commit the offense ;
or
| 5 | | (b) is found not guilty by reason of insanity of | 6 | | such offense or an
attempt to commit such offense; or
| 7 | | (c) is found not guilty by reason of insanity | 8 | | pursuant to Section
104-25(c) of the Code of Criminal | 9 | | Procedure of 1963 of such offense or an
attempt to | 10 | | commit such offense; or
| 11 | | (d) is the subject of a finding not resulting in an | 12 | | acquittal at a
hearing conducted pursuant to Section | 13 | | 104-25(a) of the Code of Criminal
Procedure of 1963 for | 14 | | the alleged commission or attempted commission of such
| 15 | | offense; or
| 16 | | (e) is found not guilty by reason of insanity | 17 | | following a hearing
conducted pursuant to a federal, | 18 | | Uniform Code of Military Justice, sister
state, or | 19 | | foreign country law
substantially similar to Section | 20 | | 104-25(c) of the Code of Criminal Procedure
of 1963 of | 21 | | such offense or of the attempted commission of such | 22 | | offense; or
| 23 | | (f) is the subject of a finding not resulting in an | 24 | | acquittal at a
hearing conducted pursuant to a federal, | 25 | | Uniform Code of Military Justice,
sister state, or | 26 | | foreign country law
substantially similar to Section |
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| 1 | | 104-25(a) of the Code of Criminal Procedure
of 1963 for | 2 | | the alleged violation or attempted commission of such | 3 | | offense;
or
| 4 | | (g) receives a disposition of court supervision, | 5 | | deferred sentence, deferred adjudication, or a similar | 6 | | disposition for the offense, an attempt to commit the | 7 | | offense, conspiracy to commit the offense, and | 8 | | solicitation to commit the offense; or
| 9 | | (2) certified as a sexually dangerous person pursuant | 10 | | to the Illinois
Sexually Dangerous Persons Act, or any | 11 | | substantially similar federal, Uniform
Code of Military | 12 | | Justice, sister
state, or foreign country law; or
| 13 | | (3) subject to the provisions of Section 2 of the | 14 | | Interstate
Agreements on Sexually Dangerous Persons Act; | 15 | | or
| 16 | | (4) found to be a sexually violent person pursuant to | 17 | | the Sexually
Violent Persons Commitment Act or any | 18 | | substantially similar federal, Uniform
Code of Military | 19 | | Justice, sister
state, or foreign country law; or
| 20 | | (5) adjudicated a juvenile delinquent as the result of | 21 | | committing or
attempting to commit an act which, if | 22 | | committed by an adult, would constitute
any of the offenses | 23 | | specified in item (B), (C), or (C-5) of this Section or a
| 24 | | violation of any substantially similar federal, Uniform | 25 | | Code of Military
Justice, sister state, or foreign
country | 26 | | law, or found guilty under Article V of the Juvenile Court |
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| 1 | | Act of 1987
of committing or attempting to commit an act | 2 | | which, if committed by an adult,
would constitute any of | 3 | | the offenses specified in item (B), (C), or (C-5) of
this | 4 | | Section or a violation of any substantially similar | 5 | | federal, Uniform Code
of Military Justice, sister state,
or | 6 | | foreign country law.
| 7 | | Convictions that result from or are connected with the same | 8 | | act, or result
from offenses committed at the same time, shall | 9 | | be counted for the purpose of
this Article as one conviction. | 10 | | Any conviction set aside pursuant to law is
not a conviction | 11 | | for purposes of this Article.
| 12 | |
For purposes of this Section, "convicted" shall have the | 13 | | same meaning as
"adjudicated".
| 14 | | (B) As used in this Article, "sex offense" means:
| 15 | | (1) A violation , attempted violation of, conspiracy to | 16 | | commit, or solicitation to commit a violation of any of the | 17 | | following Sections of the Criminal Code of
1961:
| 18 | | 10-5.1 (luring a minor) for a second or subsequent | 19 | | conviction,
| 20 | | 11-20.1 (child pornography),
| 21 | | 11-20.3 (aggravated child pornography),
| 22 | | 11-6 (indecent solicitation of a child),
| 23 | | 11-9.1 (sexual exploitation of a child),
| 24 | | 11-9.2 (custodial sexual misconduct),
| 25 | | 11-9.5 (sexual misconduct with a person with a | 26 | | disability),
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| 1 | | 11-15.1 (soliciting for a juvenile prostitute),
| 2 | | 11-18.1 (patronizing a juvenile prostitute),
| 3 | | 11-17.1 (keeping a place of juvenile | 4 | | prostitution),
| 5 | | 11-19.1 (juvenile pimping),
| 6 | | 11-19.2 (exploitation of a child),
| 7 | | 11-25 (grooming), | 8 | | 11-26 (traveling to meet a minor),
| 9 | | 12-13 (criminal sexual assault),
| 10 | | 12-14 (aggravated criminal sexual assault),
| 11 | | 12-14.1 (predatory criminal sexual assault of a | 12 | | child),
| 13 | | 12-15 (criminal sexual abuse),
| 14 | | 12-16 (aggravated criminal sexual abuse),
| 15 | | 12-33 (ritualized abuse of a child) , .
| 16 | | 26-4 (unauthorized video recording and live video | 17 | | transmission), if the victim is under the age of 18.
| 18 | | An attempt to commit any of these offenses.
| 19 | | (1.5)
A violation of any of the following Sections of | 20 | | the
Criminal Code of 1961, when the victim is a person | 21 | | under 18 years of age, the
defendant is not a parent of the | 22 | | victim, the offense was sexually motivated as defined in | 23 | | Section 10 of the Sex Offender Management Board Act, and | 24 | | the offense was committed on or
after January 1, 1996:
| 25 | | 10-1 (kidnapping),
| 26 | | 10-2 (aggravated kidnapping),
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| 1 | | 10-3 (unlawful restraint),
| 2 | | 10-3.1 (aggravated unlawful restraint).
| 3 | | (1.6)
First degree murder under Section 9-1 of the | 4 | | Criminal Code of 1961,
when the victim was a person under | 5 | | 18 years of age and the defendant was at least
17 years of | 6 | | age at the time of the commission of the offense, provided | 7 | | the offense was sexually motivated as defined in Section 10 | 8 | | of the Sex Offender Management Board Act.
| 9 | | (1.7) (Blank).
| 10 | | (1.8) A violation or attempted violation of Section | 11 | | 11-11 (sexual
relations within families) of the Criminal | 12 | | Code of 1961, and the offense was committed on or after
| 13 | | June 1, 1997.
| 14 | | (1.9) Child abduction under paragraph (10) of | 15 | | subsection
(b) of Section 10-5 of the Criminal Code of 1961 | 16 | | committed by luring or
attempting to lure a child under the | 17 | | age of 16 into a motor vehicle, building,
house trailer, or | 18 | | dwelling place without the consent of the parent or lawful
| 19 | | custodian of the child for other than a lawful purpose and | 20 | | the offense was
committed on or after January 1, 1998, | 21 | | provided the offense was sexually motivated as defined in | 22 | | Section 10 of the Sex Offender Management Board Act.
| 23 | | (1.10) A violation or attempted violation of any of the | 24 | | following Sections
of the Criminal Code of 1961 when the | 25 | | offense was committed on or after July
1, 1999:
| 26 | | 10-4 (forcible detention, if the victim is under 18 |
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| 1 | | years of age), provided the offense was sexually | 2 | | motivated as defined in Section 10 of the Sex Offender | 3 | | Management Board Act,
| 4 | | 11-6.5 (indecent solicitation of an adult),
| 5 | | 11-15 (soliciting for a prostitute, if the victim | 6 | | is under 18 years
of age),
| 7 | | 11-16 (pandering, if the victim is under 18 years | 8 | | of age),
| 9 | | 11-18 (patronizing a prostitute, if the victim is | 10 | | under 18 years
of age),
| 11 | | 11-19 (pimping, if the victim is under 18 years of | 12 | | age).
| 13 | | (1.11) A violation or attempted violation of any of the | 14 | | following
Sections of the Criminal Code of 1961 when the | 15 | | offense was committed on or
after August 22, 2002:
| 16 | | 11-9 (public indecency for a third or subsequent | 17 | | conviction).
| 18 | | (1.12) A violation or attempted violation of Section
| 19 | | 5.1 of the Wrongs to Children Act (permitting sexual abuse) | 20 | | when the
offense was committed on or after August 22, 2002.
| 21 | | (2) A violation of any former law of this State | 22 | | substantially equivalent
to any offense listed in | 23 | | subsection (B) of this Section.
| 24 | | (C) A conviction for an offense of federal law, Uniform | 25 | | Code of Military
Justice, or the law of another state
or a | 26 | | foreign country that is substantially equivalent to any offense |
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| 1 | | listed
in subsections (B), (C), (E), and (E-5) of this Section | 2 | | shall
constitute a
conviction for the purpose
of this Article. | 3 | | A finding or adjudication as a sexually dangerous person
or a | 4 | | sexually violent person under any federal law, Uniform Code of | 5 | | Military
Justice, or the law of another state or
foreign | 6 | | country that is substantially equivalent to the Sexually | 7 | | Dangerous
Persons Act or the Sexually Violent Persons | 8 | | Commitment Act shall constitute an
adjudication for the | 9 | | purposes of this Article.
| 10 | | (C-1) A violation, attempted violation of, conspiracy to | 11 | | commit, or solicitation to commit a violation of any of the | 12 | | following Sections of Title 18 of the U.S. Code: | 13 | | (A) 1591 (sex trafficking of children), | 14 | | (B) 1801 (video voyeurism of a minor), | 15 | | (C) 2241 (aggravated sexual abuse), | 16 | | (D) 2242 (sexual abuse), | 17 | | (E) 2243 (sexual abuse of a minor or ward), | 18 | | (F) 2244 (abusive sexual contact), | 19 | | (G) 2245 (offenses resulting in death), | 20 | | (H) 2251 (sexual exploitation of children), | 21 | | (I) 2251A (selling or buying of children), | 22 | | (J) 2252 (material involving the sexual exploitation | 23 | | of minors), | 24 | | (K) 2252A (material containing child pornography), | 25 | | (L) 2252B (misleading domain names on the Internet), | 26 | | (M) 2252C (misleading words or digital images on the |
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| 1 | | Internet), | 2 | | (N) 2260 (production of sexually explicit depictions | 3 | | of a minor for import into the United States), | 4 | | (O) 2421 (transportation of a minor for illegal sexual | 5 | | activity), | 6 | | (P) 2422 (coercion and enticement of a minor for | 7 | | illegal sexual activity), | 8 | | (Q) 2423 (transportation of minors for illegal sexual | 9 | | activity, travel with the intent to engage in illicit | 10 | | sexual conduct with a minor, engaging in illicit sexual | 11 | | conduct in foreign places), | 12 | | (R) 2424 (failure to file a factual statement about an | 13 | | alien individual), | 14 | | (S) 2425 (transmitting information about a minor to | 15 | | further criminal sexual conduct), | 16 | | (T) A violation of any former federal law substantially | 17 | | equivalent to any offense in this subsection (C-1). | 18 | | (C-5) A person at least 17 years of age at the time of the | 19 | | commission of
the offense who is convicted of first degree | 20 | | murder under Section 9-1 of the
Criminal Code of 1961, against | 21 | | a person
under 18 years of age, shall be required to register
| 22 | | for natural life.
A conviction for an offense of federal, | 23 | | Uniform Code of Military Justice,
sister state, or foreign | 24 | | country law that is substantially equivalent to any
offense | 25 | | listed in subsection (C-5) of this Section shall constitute a
| 26 | | conviction for the purpose of this Article. This subsection |
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| 1 | | (C-5) applies to a person who committed the offense before June | 2 | | 1, 1996 only if the person is incarcerated in an Illinois | 3 | | Department of Corrections facility on August 20, 2004 (the | 4 | | effective date of Public Act 93-977).
| 5 | | (D) As used in this Article, "law enforcement agency having | 6 | | jurisdiction"
means the Chief of Police in each of the | 7 | | municipalities in which the sex offender
expects to reside, | 8 | | work, or attend school (1) upon his or her discharge,
parole or | 9 | | release or
(2) during the service of his or her sentence of | 10 | | probation or conditional
discharge, or the Sheriff of the | 11 | | county, in the event no Police Chief exists
or if the offender | 12 | | intends to reside, work, or attend school in an
unincorporated | 13 | | area.
"Law enforcement agency having jurisdiction" includes | 14 | | the location where
out-of-state students attend school and | 15 | | where out-of-state employees are
employed or are otherwise | 16 | | required to register.
| 17 | | (D-1) As used in this Article, "supervising officer" means | 18 | | the assigned Illinois Department of Corrections parole agent or | 19 | | county probation officer. | 20 | | (E) As used in this Article, "sexual predator" means any | 21 | | person who,
after July 1, 1999, is:
| 22 | | (1) Convicted for an offense , conspiracy to commit the | 23 | | offense, or solicitation to commit the offense of federal, | 24 | | Uniform Code of Military
Justice, sister state, or foreign | 25 | | country law that is substantially equivalent
to any offense | 26 | | listed in subsection (E) or (E-5) of this Section shall |
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| 1 | | constitute a
conviction for the purpose of this Article.
| 2 | | Convicted of a violation or attempted violation of any of | 3 | | the following
Sections of the
Criminal Code of 1961, if the | 4 | | conviction occurred after July
1, 1999:
| 5 | | 11-17.1 (keeping a place of juvenile | 6 | | prostitution),
| 7 | | 11-19.1 (juvenile pimping),
| 8 | | 11-19.2 (exploitation of a child),
| 9 | | 11-20.1 (child pornography),
| 10 | | 11-20.3 (aggravated child pornography),
| 11 | | 12-13 (criminal sexual assault),
| 12 | | 12-14 (aggravated criminal sexual assault),
| 13 | | 12-14.1 (predatory criminal sexual assault of a | 14 | | child),
| 15 | | 12-16 (aggravated criminal sexual abuse),
| 16 | | 12-33 (ritualized abuse of a child);
| 17 | | (2) (blank);
| 18 | | (3) certified as a sexually dangerous person pursuant | 19 | | to the Sexually
Dangerous Persons Act or any substantially | 20 | | similar federal, Uniform Code of
Military Justice, sister | 21 | | state, or
foreign country law;
| 22 | | (4) found to be a sexually violent person pursuant to | 23 | | the Sexually Violent
Persons Commitment Act or any | 24 | | substantially similar federal, Uniform Code of
Military | 25 | | Justice, sister state, or
foreign country law;
| 26 | | (5) convicted of a second or subsequent offense which |
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| 1 | | requires
registration pursuant to this Act. The conviction | 2 | | for the second or subsequent
offense must have occurred | 3 | | after July 1, 1999. For purposes of this paragraph
(5), | 4 | | "convicted" shall include a conviction under any
| 5 | | substantially similar
Illinois, federal, Uniform Code of | 6 | | Military Justice, sister state, or
foreign country law; or
| 7 | | (6) convicted of a second or subsequent offense of | 8 | | luring a minor under Section 10-5.1 of the Criminal Code of | 9 | | 1961 ; or . | 10 | | (7) a violation of any of the following Sections of | 11 | | Title 18 of the U.S. Code: | 12 | | 2241 (aggravated sexual abuse), | 13 | | 2242 (sexual abuse), | 14 | | 2244 (abusive sexual contact). | 15 | | (E-5) As used in this Article, "sexual predator" also means | 16 | | a person convicted of a violation , or attempted violation , | 17 | | conspiracy to commit the offense, or solicitation to commit the | 18 | | offense of any of the following
Sections of the
Criminal Code | 19 | | of 1961: | 20 | | (1) Section 9-1 (first degree murder,
when the victim | 21 | | was a person under 18 years of age and the defendant was at | 22 | | least
17 years of age at the time of the commission of the | 23 | | offense, provided the offense was sexually motivated as | 24 | | defined in Section 10 of the Sex Offender Management Board | 25 | | Act); | 26 | | (2) Section 11-9.5 (sexual misconduct with a person |
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| 1 | | with a disability); | 2 | | (3) when the victim is a person under 18 years of age, | 3 | | the
defendant is not a parent of the victim, the offense | 4 | | was sexually motivated as defined in Section 10 of the Sex | 5 | | Offender Management Board Act, and the offense was | 6 | | committed on or
after January 1, 1996: (A) Section 10-1 | 7 | | (kidnapping), (B) Section 10-2 (aggravated kidnapping), | 8 | | (C) Section 10-3 (unlawful restraint), and (D) Section | 9 | | 10-3.1 (aggravated unlawful restraint); and | 10 | | (4) Section 10-5(b)(10) (child abduction committed by | 11 | | luring or
attempting to lure a child under the age of 16 | 12 | | into a motor vehicle, building,
house trailer, or dwelling | 13 | | place without the consent of the parent or lawful
custodian | 14 | | of the child for other than a lawful purpose and the | 15 | | offense was
committed on or after January 1, 1998, provided | 16 | | the offense was sexually motivated as defined in Section 10 | 17 | | of the Sex Offender Management Board Act). | 18 | | (F) As used in this Article, "out-of-state student" means | 19 | | any sex
offender, as defined in this Section,
or sexual | 20 | | predator who is enrolled in Illinois, on a full-time or | 21 | | part-time
basis, in any public or private educational | 22 | | institution, including, but not
limited to, any secondary | 23 | | school, trade or professional institution, or
institution of | 24 | | higher learning.
| 25 | | (G) As used in this Article, "out-of-state employee" means | 26 | | any sex
offender, as defined in this Section,
or sexual |
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| 1 | | predator who works in Illinois, regardless of whether the | 2 | | individual
receives payment for services performed, for a | 3 | | period of time of 10 or more days
or for an aggregate period of | 4 | | time of 30 or more days
during any calendar year.
Persons who | 5 | | operate motor vehicles in the State accrue one day of | 6 | | employment
time for any portion of a day spent in Illinois.
| 7 | | (H) As used in this Article, "school" means any public or | 8 | | private educational institution, including, but not limited | 9 | | to, any elementary or secondary school, trade or professional | 10 | | institution, or institution of higher education. | 11 | | (I) As used in this Article, "fixed residence" means any | 12 | | and all places that a sex offender resides for an aggregate | 13 | | period of time of 5 or more days in a calendar year.
| 14 | | (J) As used in this Article, "Internet protocol address" | 15 | | means the string of numbers by which a location on the Internet | 16 | | is identified by routers or other computers connected to the | 17 | | Internet. | 18 | | (K) As used in this Article, "temporary domicile" means any | 19 | | and all places where the sex offender resides for an aggregate | 20 | | period of time of 3 or more days during any calendar year. | 21 | | (J) As used in this Article, "conviction" means any | 22 | | conviction of any such offense, an attempt to commit such | 23 | | offense, conspiracy to commit the offense, solicitation to | 24 | | commit the offense, or adjudication. | 25 | | (Source: P.A. 95-331, eff. 8-21-07; 95-579, eff. 6-1-08; | 26 | | 95-625, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. |
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| 1 | | 8-21-08; 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11.) | 2 | | (730 ILCS 150/3) | 3 | | Sec. 3. Duty to register.
| 4 | | (a) A sex offender, as defined in Section 2 of this Act, or | 5 | | sexual
predator shall, within the time period
prescribed in | 6 | | subsections (b) and (c), register in person
and provide | 7 | | accurate information as required by the Department of State
| 8 | | Police. Such information shall include a current photograph,
| 9 | | current address,
temporary domicile information (including | 10 | | address of temporary domicile and dates of temporary domicile), | 11 | | current place of employment, the sex offender's or sexual | 12 | | predator's telephone number, including cellular telephone | 13 | | number, the employer's telephone number, day labor employment | 14 | | information, school attended, telephone numbers (including | 15 | | land line telephone number, cellular telephone numbers, and | 16 | | voice over Internet Protocol numbers), all e-mail addresses, | 17 | | instant messaging identities, chat room identities, and other | 18 | | Internet communications identities that the sex offender uses | 19 | | or plans to use, all Uniform Resource Locators (URLs) | 20 | | registered or used by the sex offender, all blogs and other | 21 | | Internet sites maintained by the sex offender or to which the | 22 | | sex offender has uploaded any content or posted any messages or | 23 | | information , extensions of the time period for registering as | 24 | | provided in this Article and, if an extension was granted, the | 25 | | reason why the extension was granted and the date the sex |
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| 1 | | offender was notified of the extension . The information shall | 2 | | also include a copy of the terms and conditions of parole or | 3 | | release signed by the sex offender and given to the sex | 4 | | offender by his or her supervising officer, the county of | 5 | | conviction, license plate numbers and registration number for | 6 | | every land, aircraft or watercraft vehicle owned or operated by | 7 | | registered in the name of the sex offender, the age of the sex | 8 | | offender at the time of the commission of the offense, the age | 9 | | of the victim at the time of the commission of the offense, and | 10 | | any distinguishing marks located on the body of the sex | 11 | | offender. The information shall also include any nicknames, | 12 | | aliases, pseudonyms, ethnic or tribal names which the offender | 13 | | is commonly known. A photocopy of a valid driver's license or | 14 | | identification card must also be provided at the time of | 15 | | registration. Passports, immigration documents, and any | 16 | | occupational licenses shall also be submitted. A sex offender | 17 | | convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the | 18 | | Criminal Code of 1961 shall provide all Internet protocol (IP) | 19 | | addresses in his or her residence, registered in his or her | 20 | | name, accessible at his or her place of employment, or | 21 | | otherwise under his or her control or custody. If the sex | 22 | | offender is a child sex offender as defined in Section 11-9.3 | 23 | | or 11-9.4 of the Criminal Code of 1961, the sex offender shall | 24 | | report to the registering agency whether he or she is living in | 25 | | a household with a child under 18 years of age who is not his or | 26 | | her own child, provided that his or her own child is not the |
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| 1 | | victim of the sex offense. The sex offender or
sexual predator | 2 | | shall register:
| 3 | | (1) with the chief of police in the municipality in | 4 | | which he or she
resides or is temporarily domiciled for a | 5 | | period of time of 3 or more
days, unless the
municipality | 6 | | is the City of Chicago, in which case he or she shall | 7 | | register
at the Chicago Police Department Headquarters; or
| 8 | | (2) with the sheriff in the county in which
he or she | 9 | | resides or is
temporarily domiciled
for a period of time of | 10 | | 3 or more days in an unincorporated
area or, if | 11 | | incorporated, no police chief exists.
| 12 | | If the sex offender or sexual predator is employed at or | 13 | | attends an institution of higher education, he or she shall | 14 | | register:
| 15 | | (i) with the chief of police in the municipality in | 16 | | which he or she is employed at or attends an institution of | 17 | | higher education, unless the municipality is the City of | 18 | | Chicago, in which case he or she shall register at the | 19 | | Chicago Police Department Headquarters; or | 20 | | (ii) with the sheriff in the county in which he or she | 21 | | is employed or attends an institution of higher education | 22 | | located in an unincorporated area, or if incorporated, no | 23 | | police chief exists.
| 24 | | For purposes of this Article, the place of residence or | 25 | | temporary
domicile is defined as any and all places where the | 26 | | sex offender resides
for an aggregate period of time of 3 or |
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| 1 | | more days during any calendar year.
Any person required to | 2 | | register under this Article who lacks a fixed address or | 3 | | temporary domicile must notify, in person, the agency of | 4 | | jurisdiction of his or her last known address within 3 days | 5 | | after ceasing to have a fixed residence. | 6 | | A sex offender or sexual predator who is temporarily absent | 7 | | from his or her current address of registration for 3 or more | 8 | | days shall notify the law enforcement agency having | 9 | | jurisdiction of his or her current registration, including the | 10 | | itinerary for travel, in the manner provided in Section 6 of | 11 | | this Act for notification to the law enforcement agency having | 12 | | jurisdiction of change of address. | 13 | | Any person who lacks a fixed residence must report weekly, | 14 | | in person, with the sheriff's office of the county in which he | 15 | | or she is located in an unincorporated area, or with the chief | 16 | | of police in the municipality in which he or she is located. | 17 | | The agency of jurisdiction will document each weekly | 18 | | registration to include all the locations where the person has | 19 | | stayed during the past 7 days.
| 20 | | The sex offender or sexual predator shall provide accurate | 21 | | information
as required by the Department of State Police. That | 22 | | information shall include
the sex offender's or sexual | 23 | | predator's current place of employment.
| 24 | | (a-5) An out-of-state student or out-of-state employee | 25 | | shall,
within 3 days after beginning school or employment in | 26 | | this State,
register in person and provide accurate information |
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| 1 | | as required by the
Department of State Police. Such information | 2 | | will include current place of
employment, school attended, and | 3 | | address in state of residence. A sex offender convicted under | 4 | | Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code | 5 | | of 1961 shall provide all Internet protocol (IP) addresses in | 6 | | his or her residence, registered in his or her name, accessible | 7 | | at his or her place of employment, or otherwise under his or | 8 | | her control or custody. The out-of-state student or | 9 | | out-of-state employee shall register:
| 10 | | (1) with the chief of police in the municipality in | 11 | | which he or she attends school or is employed for a period | 12 | | of time of 5
or more days or for an
aggregate period of | 13 | | time of more than 30 days during any
calendar year, unless | 14 | | the
municipality is the City of Chicago, in which case he | 15 | | or she shall register at
the Chicago Police Department | 16 | | Headquarters; or
| 17 | | (2) with the sheriff in the county in which
he or she | 18 | | attends school or is
employed for a period of time of 5 or | 19 | | more days or
for an aggregate period of
time of more than | 20 | | 30 days during any calendar year in an
unincorporated area
| 21 | | or, if incorporated, no police chief exists. | 22 | | The out-of-state student or out-of-state employee shall | 23 | | provide accurate
information as required by the Department of | 24 | | State Police. That information
shall include the out-of-state | 25 | | student's current place of school attendance or
the | 26 | | out-of-state employee's current place of employment.
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| 1 | | (a-10) Any law enforcement agency registering sex | 2 | | offenders or sexual predators in accordance with subsections | 3 | | (a) or (a-5) of this Section shall forward to the Attorney | 4 | | General a copy of sex offender registration forms from persons | 5 | | convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the | 6 | | Criminal Code of 1961, including periodic and annual | 7 | | registrations under Section 6 of this Act. | 8 | | (b) Any sex offender, as defined in Section 2 of this Act, | 9 | | or sexual
predator, regardless of any initial,
prior, or other | 10 | | registration, shall, within 3 days of beginning school,
or | 11 | | establishing a
residence, place of employment, or temporary | 12 | | domicile in
any county, register in person as set forth in | 13 | | subsection (a)
or (a-5).
| 14 | | (c) The registration for any person required to register | 15 | | under this
Article shall be as follows:
| 16 | | (1) Any person registered under the Habitual Child Sex | 17 | | Offender
Registration Act or the Child Sex Offender | 18 | | Registration Act prior to January
1, 1996, shall be deemed | 19 | | initially registered as of January 1, 1996; however,
this | 20 | | shall not be construed to extend the duration of | 21 | | registration set forth
in Section 7.
| 22 | | (2) Except as provided in subsection (c)(4), any person | 23 | | convicted or
adjudicated prior to January 1, 1996, whose | 24 | | liability for registration under
Section 7 has not expired, | 25 | | shall register in person prior to January 31,
1996.
| 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 | | If notification is not made within the
offender's 10 year | 7 | | registration requirement, and the Department of State
| 8 | | Police determines no evidence exists or indicates the | 9 | | offender attempted to
avoid registration, the offender | 10 | | will no longer be required to register under
this Act.
| 11 | | (3) Except as provided in subsection (c)(4), any person | 12 | | convicted on
or after January 1, 1996, shall register in | 13 | | person within 3 days after the
entry of the sentencing | 14 | | order based upon his or her conviction.
| 15 | | (4) Any person unable to comply with the registration | 16 | | requirements of
this Article because he or she is confined, | 17 | | institutionalized,
or imprisoned in Illinois on or after | 18 | | January 1, 1996, shall register in person
within 3 days of | 19 | | discharge, parole or release.
| 20 | | (5) The person shall provide positive identification | 21 | | and documentation
that substantiates proof of residence at | 22 | | the registering address.
| 23 | | (6) The person shall pay a $100
initial registration | 24 | | fee and
a $100
annual
renewal fee. The fees shall be used | 25 | | by the registering agency for official
purposes. The agency | 26 | | shall establish procedures to document receipt and use
of |
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| 1 | | the funds.
The law enforcement agency having jurisdiction | 2 | | may waive the registration fee
if it determines that the | 3 | | person is indigent and unable to pay the registration
fee.
| 4 | | Thirty dollars for the initial registration fee and $30 of | 5 | | the annual renewal fee
shall be used by the registering | 6 | | agency for official purposes. Ten dollars of
the initial | 7 | | registration fee and $10 of the annual fee shall be | 8 | | deposited into
the Sex Offender Management Board Fund under | 9 | | Section 19 of the Sex Offender
Management Board Act. Money | 10 | | deposited into the Sex Offender Management Board
Fund shall | 11 | | be administered by the Sex Offender Management Board and | 12 | | shall be
used to
fund practices endorsed or required by the | 13 | | Sex Offender Management Board Act
including but not limited | 14 | | to sex offenders evaluation, treatment, or
monitoring | 15 | | programs that are or may be developed, as well as for
| 16 | | administrative costs, including staff, incurred by the | 17 | | Board.
Thirty dollars of the initial registration fee and | 18 | | $30 of the annual renewal fee shall be deposited into the | 19 | | Sex Offender Registration Fund and shall be used by the | 20 | | Department of State Police to maintain and update the | 21 | | Illinois State Police Sex Offender Registry. Thirty | 22 | | dollars of the initial registration fee and $30 of the | 23 | | annual renewal fee shall be deposited into the Attorney | 24 | | General Sex Offender Awareness, Training, and Education | 25 | | Fund. Moneys deposited into the Fund shall be used by the | 26 | | Attorney General to administer the I-SORT program and to |
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| 1 | | alert and educate the public, victims, and witnesses of | 2 | | their rights under various victim notification laws and for | 3 | | training law enforcement agencies, State's Attorneys, and | 4 | | medical providers of their legal duties concerning the | 5 | | prosecution and investigation of sex offenses. | 6 | | (d) Within 3 days after obtaining or changing employment | 7 | | and, if employed
on January 1, 2000, within 5 days after that | 8 | | date, a person required to
register under this Section must | 9 | | report, in person to the law
enforcement agency having | 10 | | jurisdiction, the business name and address where he
or she is | 11 | | employed. If the person has multiple businesses or work | 12 | | locations,
every business and work location must be reported to | 13 | | the law enforcement agency
having jurisdiction.
| 14 | | (Source: P.A. 95-229, eff. 8-16-07; 95-579, eff. 6-1-08; | 15 | | 95-640, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. | 16 | | 8-21-08; 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; 96-1097, | 17 | | eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. 1-1-11; | 18 | | revised 9-2-10.)
| 19 | | (730 ILCS 150/6)
| 20 | | Sec. 6. Duty to report; change of address, school, or | 21 | | employment; duty
to inform.
A person who has been adjudicated | 22 | | to be a sexually dangerous person or is a sexually
violent | 23 | | person and is later released, or found to be no longer sexually
| 24 | | dangerous or no longer a sexually violent person and | 25 | | discharged, or convicted of a violation of this Act or any |
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| 1 | | federal failure to register offense or any other jurisdiction's | 2 | | registration Act after July 1, 2005 or is a sexual predator , | 3 | | shall report in
person to the law enforcement agency with whom | 4 | | he or she last registered no
later than 90 days after the date | 5 | | of his or her last registration and every 90
days thereafter | 6 | | and at such other times at the request of the law enforcement | 7 | | agency not to exceed 4 times a year. Such sexually dangerous or | 8 | | sexually
violent person must report all new or changed e-mail | 9 | | addresses, all new or changed instant messaging identities, all | 10 | | new or changed chat room identities, and all other new or | 11 | | changed Internet communications identities that the sexually | 12 | | dangerous or sexually
violent person uses or plans to use, all | 13 | | new or changed Uniform Resource Locators (URLs) registered or | 14 | | used by the sexually dangerous or sexually
violent person, and | 15 | | all new or changed blogs and other Internet sites maintained by | 16 | | the sexually dangerous or sexually
violent person or to which | 17 | | the sexually dangerous or sexually
violent person has uploaded | 18 | | any content or posted any messages or information. Any person | 19 | | who lacks a fixed residence must report weekly, in person, to | 20 | | the appropriate law enforcement agency where the sex offender | 21 | | is located. Any other person who is required to register under | 22 | | this
Article shall report in person to the appropriate law | 23 | | enforcement agency with
whom he or she last registered within | 24 | | one year from the date of last
registration and every year | 25 | | thereafter and at such other times at the request of the law | 26 | | enforcement agency not to exceed 4 times a year. If any person |
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| 1 | | required to register under this Article lacks a fixed residence | 2 | | or temporary domicile, he or she must notify, in person, the | 3 | | agency of jurisdiction of his or her last known address within | 4 | | 3 days after ceasing to have a fixed residence and if the | 5 | | offender leaves the last jurisdiction of residence, he or she, | 6 | | must within 3 days after leaving register in person with the | 7 | | new agency of jurisdiction. If any other person required to | 8 | | register
under this Article changes his or her residence | 9 | | address, telephone numbers, place of
employment,
telephone | 10 | | number, cellular telephone number, or school, he or she shall | 11 | | report in
person, to the law
enforcement agency
with whom he or | 12 | | she last registered, his or her new address, change in
| 13 | | employment, telephone number, cellular telephone number, or | 14 | | school, all new or changed e-mail addresses, all new or changed | 15 | | instant messaging identities, all new or changed chat room | 16 | | identities, and all other new or changed Internet | 17 | | communications identities that the sex offender uses or plans | 18 | | to use, all new or changed Uniform Resource Locators (URLs) | 19 | | registered or used by the sex offender, and all new or changed | 20 | | blogs and other Internet sites maintained by the sex offender | 21 | | or to which the sex offender has uploaded any content or posted | 22 | | any messages or information, and register, in person, with the | 23 | | appropriate law enforcement
agency within the
time period | 24 | | specified in Section 3. If the sex offender is a child sex | 25 | | offender as defined in Section 11-9.3 or 11-9.4 of the Criminal | 26 | | Code of 1961, the sex offender shall within 3 days after |
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| 1 | | beginning to reside in a household with a child under 18 years | 2 | | of age who is not his or her own child, provided that his or her | 3 | | own child is not the victim of the sex offense, report that | 4 | | information to the registering law enforcement agency. The law | 5 | | enforcement agency shall, within 3
days of the reporting in | 6 | | person by the person required to register under this Article, | 7 | | notify the Department of State Police of the new place of | 8 | | residence, change in
employment, telephone number, cellular | 9 | | telephone number, or school. | 10 | | If any person required to register under this Article | 11 | | intends to establish a
residence or employment outside of the | 12 | | State of Illinois, at least 3 10 days
before establishing that | 13 | | residence or employment, he or she shall report in person to | 14 | | the law enforcement agency with which he or she last registered | 15 | | of his
or her out-of-state intended residence or employment. | 16 | | The law enforcement agency with
which such person last | 17 | | registered shall, within 3 days after the reporting in person | 18 | | of the person required to register under this Article of an | 19 | | address or
employment change, notify the Department of State | 20 | | Police. The Department of
State Police shall forward such | 21 | | information to the out-of-state law enforcement
agency having | 22 | | jurisdiction in the form and manner prescribed by the
| 23 | | Department of State Police. | 24 | | (Source: P.A. 95-229, eff. 8-16-07; 95-331, eff. 8-21-07; | 25 | | 95-640, eff. 6-1-08; 95-876, eff. 8-21-08; 96-1094, eff. | 26 | | 1-1-11; 96-1104, eff. 1-1-11; revised 9-2-10.)
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| 1 | | (730 ILCS 150/7) (from Ch. 38, par. 227)
| 2 | | Sec. 7. Duration of registration. A person who has been | 3 | | adjudicated to
be
sexually dangerous and is later released or | 4 | | found to be no longer sexually
dangerous and discharged, shall | 5 | | register for the period of his or her natural
life.
A sexually | 6 | | violent person or sexual predator shall register for the period | 7 | | of
his or her natural life
after conviction or adjudication if | 8 | | not confined to a penal institution,
hospital, or other | 9 | | institution or facility, and if confined, for
the period of his | 10 | | or her natural life after parole, discharge, or release from
| 11 | | any such facility.
A person who becomes subject to registration | 12 | | under this Article who has previously been subject to | 13 | | registration under this Article or under the Child Murderer and | 14 | | Violent Offender Against Youth Registration Act or similar | 15 | | registration requirements of other jurisdictions shall | 16 | | register for the period of his or her natural life if not | 17 | | confined to a penal institution,
hospital, or other institution | 18 | | or facility, and if confined, for
the period of his or her | 19 | | natural life after parole, discharge, or release from
any such | 20 | | facility. Any other person who is required to register
under | 21 | | this Article who is convicted or adjudicated of a misdemeanor | 22 | | sex offense shall be required to register for a period of 15 10 | 23 | | years after
conviction or adjudication if not confined to a | 24 | | penal institution, hospital
or any other
institution or | 25 | | facility, and if confined, for a period of 15 10 years after
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| 1 | | parole, discharge or release from any such facility. Any other | 2 | | person who is required to register under this Article shall be | 3 | | required to register for a period of 25 years after conviction | 4 | | or adjudication if not confined to a penal institution, | 5 | | hospital or any other institution or facility, and if confined, | 6 | | for a period of 25 years after parole, discharge or release | 7 | | from any such facility. A sex offender who is
allowed to leave | 8 | | a county, State, or federal facility for the purposes of work
| 9 | | release, education, or overnight visitations shall be required
| 10 | | to register within 3 days of beginning such a program. | 11 | | Liability for
registration terminates at the expiration of 10 | 12 | | years from the date of
conviction or adjudication if not | 13 | | confined to a penal institution, hospital
or any other
| 14 | | institution or facility and if confined, at the expiration of | 15 | | 10 years from the
date of parole, discharge or release from any | 16 | | such facility, providing such
person does not, during that | 17 | | period, again
become
liable
to register under the provisions of | 18 | | this Article.
Reconfinement due to a violation of parole or | 19 | | other circumstances that relates to the original conviction or | 20 | | adjudication shall extend the period of registration to 10 | 21 | | years after final parole, discharge, or release. Reconfinement | 22 | | due to a violation of parole or other circumstances that do not | 23 | | relate to the original conviction or adjudication shall toll | 24 | | the running of the balance of the 10-year period of | 25 | | registration, which shall not commence running until after | 26 | | final parole, discharge, or release. The Director of State |
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| 1 | | Police, consistent with administrative rules, shall
extend for | 2 | | 10 years the registration period of any sex offender, as | 3 | | defined
in Section 2 of this Act, who fails to
comply with the | 4 | | provisions of this Article. The registration period for any sex | 5 | | offender who is convicted of a violation of this Act, federal | 6 | | registration laws or any jurisdiction's registration laws | 7 | | shall register for the period of his or her natural life after | 8 | | conviction or adjudication for the violation if not confined to | 9 | | a penal institution, hospital, or other institution or | 10 | | facility, and if confined, for the period of his or her natural | 11 | | life after parole, discharge, or release from any such facility | 12 | | fails to comply with any provision of the Act shall extend the | 13 | | period of registration by 10 years beginning from the first | 14 | | date of registration after the violation.
If the registration | 15 | | period is extended, the Department of State Police shall send a | 16 | | registered letter to the law enforcement agency where the sex | 17 | | offender resides within 3 days after the extension of the | 18 | | registration period. The sex offender shall report to that law | 19 | | enforcement agency and sign for that letter. One copy of that | 20 | | letter shall be kept on file with the law enforcement agency of | 21 | | the jurisdiction where the sex offender resides and one copy | 22 | | shall be returned to the Department of State Police .
| 23 | | (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-169, | 24 | | eff. 8-14-07; 95-331, eff. 8-21-07; 95-513, eff. 6-1-08; | 25 | | 95-640, eff. 6-1-08; 95-876, eff. 8-21-08.)
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| 1 | | (730 ILCS 150/8) (from Ch. 38, par. 228)
| 2 | | Sec. 8. Registration Requirements. Registration as | 3 | | required by this
Article shall consist of a statement in | 4 | | writing signed by the person giving the
information that is | 5 | | required by the Department of State Police, which shall may
| 6 | | include the fingerprints , palm prints (subject to | 7 | | appropriation of funding by the General Assembly) and must | 8 | | include a current photograph of the person, to be updated at | 9 | | each registration annually . If the sex offender is a child sex | 10 | | offender as defined in Section 11-9.3 or 11-9.4 of the Criminal | 11 | | Code of 1961, he or she shall sign a statement that he or she | 12 | | understands that according to Illinois law as a child sex | 13 | | offender he or she may not reside within 500 feet of a school, | 14 | | park, or playground. The offender may also not reside within | 15 | | 500 feet of a facility providing services directed exclusively | 16 | | toward persons under 18 years of age unless the sex offender | 17 | | meets specified exemptions. The
registration
information must | 18 | | include whether the person is a sex offender as
defined
in the | 19 | | Sex Offender Community Notification
Law. Within 3
days, the
| 20 | | registering law enforcement agency shall forward any
required | 21 | | information to the Department of State Police. The registering
| 22 | | law enforcement agency shall
enter the information into the Law | 23 | | Enforcement Agencies Data System (LEADS) as
provided in | 24 | | Sections 6 and 7 of the Intergovernmental Missing Child | 25 | | Recovery
Act of 1984.
| 26 | | (Source: P.A. 93-979, eff. 8-20-04; 94-166, eff. 1-1-06; |
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| 1 | | 94-945, eff. 6-27-06.)
| 2 | | (730 ILCS 150/10.1 new) | 3 | | Sec. 10.1. Non-Compliant Sex Offenders. | 4 | | (a) If the registering law enforcement agency determines a | 5 | | sex offender or juvenile sex offender to be non-compliant with | 6 | | the registration requirements under this Act, the agency shall: | 7 | | (1) Update LEADS to reflect the sex offender or | 8 | | juvenile sex offender's non-complaint status. | 9 | | (2) Notify the Department of State Police within 3 | 10 | | calendar days of determining a sex offender or juvenile sex | 11 | | offender is non-compliant. | 12 | | (3) Make reasonable efforts to locate the | 13 | | non-complaint sex offender or juvenile sex offender. | 14 | | (4) If unsuccessful in locating the non-complaint sex | 15 | | offender or juvenile sex offender, attempt to secure an | 16 | | arrest warrant based on his or her failure to comply with | 17 | | requirements of this Act and enter the sex offender or | 18 | | juvenile sex offender into the National Crime Information | 19 | | Center Wanted Person File. | 20 | | (b) The Department of State Police must, within 3 calendar | 21 | | days of receiving notice of a non-complaint sex offender or | 22 | | juvenile sex offender: | 23 | | (1) Ensure that the sex offender or juvenile sex | 24 | | offender's status in LEADS is updated to reflect his or her | 25 | | non-compliant status. |
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| 1 | | (2) Provide notice to the United States Marshals | 2 | | Service of the sex offender or juvenile sex offender's | 3 | | non-compliance and any identifying information as may be | 4 | | requested by the United States Marshals Service. | 5 | | (3) Provide assistance to Illinois law enforcement | 6 | | agencies to locate and apprehend non-compliant sex | 7 | | offenders. | 8 | | (4) Update the Public Adam Walsh Sex Offender Registry | 9 | | regarding sex offenders or registry-mandated juvenile sex | 10 | | offenders. | 11 | | (5) Send updated information to the National Sex | 12 | | Offender Registry regarding sex offenders or | 13 | | registry-mandated juvenile sex offenders. | 14 | | (c) If the Department of State Police receives notice from | 15 | | another jurisdiction that a sex offender or juvenile sex | 16 | | offender intends to reside, be employed, or attend school in | 17 | | Illinois and that offender fails to register as required in | 18 | | this Act, the Department of State Police must inform the | 19 | | jurisdiction that provided the notification that the sex | 20 | | offender failed to appear for registration.
| 21 | | (730 ILCS 150/11)
| 22 | | Sec. 11. Sex offender registration fund. There is created | 23 | | the Sex
Offender Registration Fund. Moneys in the Fund shall be | 24 | | used to cover costs
incurred by the criminal justice system to | 25 | | administer this Article. The
Department of State Police shall |
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| 1 | | establish and promulgate rules and procedures
regarding the | 2 | | administration of this Fund. The moneys deposited into this | 3 | | Fund shall be used by the Department of State Police to | 4 | | maintain and update the Illinois State Police Sex Offender | 5 | | Registry and Fifty percent of the moneys
in the Fund shall be | 6 | | allocated by the Department for sheriffs' offices and
police | 7 | | departments. The remaining moneys in the Fund shall be | 8 | | allocated to the Illinois State Police Sex Offender | 9 | | Registration Unit for education and administration of any | 10 | | Section of the Act.
| 11 | | (Source: P.A. 93-979, eff. 8-20-04.)".
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