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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Sex Offender Registration Act is amended by | |||||||||||||||||||
5 | changing Section 3 as follows: | |||||||||||||||||||
6 | (730 ILCS 150/3) | |||||||||||||||||||
7 | Sec. 3. Duty to register.
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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
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12 | Police. Such information shall include a current photograph,
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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, all Uniform Resource Locators (URLs) registered or used | |||||||||||||||||||
20 | by the sex offender, all blogs and other Internet sites | |||||||||||||||||||
21 | maintained by the sex offender or to which the sex offender has | |||||||||||||||||||
22 | uploaded any content or posted any messages or information, | |||||||||||||||||||
23 | extensions of the time period for registering as provided in |
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1 | this Article and, if an extension was granted, the reason why | ||||||
2 | the extension was granted and the date the sex offender was | ||||||
3 | notified of the extension. The information shall also include a | ||||||
4 | copy of the terms and conditions of parole or release signed by | ||||||
5 | the sex offender and given to the sex offender by his or her | ||||||
6 | supervising officer or aftercare specialist, the county of | ||||||
7 | conviction, license plate numbers for every vehicle registered | ||||||
8 | in the name of the sex offender, license plate number of any | ||||||
9 | vehicle not registered in the name of the sex offender that the | ||||||
10 | sex offender will operate more than 10 days per year, the age | ||||||
11 | of the sex offender at the time of the commission of the | ||||||
12 | offense, the age of the victim at the time of the commission of | ||||||
13 | the offense, and any distinguishing marks located on the body | ||||||
14 | of the sex offender. A sex offender convicted under Section | ||||||
15 | 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code | ||||||
16 | of 1961 or the Criminal Code of 2012 shall provide all Internet | ||||||
17 | protocol (IP) addresses in his or her residence, registered in | ||||||
18 | his or her name, accessible at his or her place of employment, | ||||||
19 | or otherwise under his or her control or custody. If the sex | ||||||
20 | offender is a child sex offender as defined in Section 11-9.3 | ||||||
21 | or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of | ||||||
22 | 2012, the sex offender shall report to the registering agency | ||||||
23 | whether he or she is living in a household with a child under | ||||||
24 | 18 years of age who is not his or her own child, provided that | ||||||
25 | his or her own child is not the victim of the sex offense. The | ||||||
26 | sex offender or
sexual predator shall register:
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1 | (1) with the chief of police in the municipality in | ||||||
2 | which he or she
resides or is temporarily domiciled for a | ||||||
3 | period of time of 3 or more
days, unless the
municipality | ||||||
4 | is the City of Chicago, in which case he or she shall | ||||||
5 | register
at the Chicago Police Department Headquarters; or
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6 | (2) with the sheriff in the county in which
he or she | ||||||
7 | resides or is
temporarily domiciled
for a period of time of | ||||||
8 | 3 or more days in an unincorporated
area or, if | ||||||
9 | incorporated, no police chief exists.
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10 | If the sex offender or sexual predator is employed at or | ||||||
11 | attends an institution of higher education, he or she shall | ||||||
12 | also register:
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13 | (i) with: | ||||||
14 | (A) the chief of police in the municipality in | ||||||
15 | which he or she is employed at or attends an | ||||||
16 | institution of higher education, unless the | ||||||
17 | municipality is the City of Chicago, in which case he | ||||||
18 | or she shall register at the Chicago Police Department | ||||||
19 | Headquarters; or | ||||||
20 | (B) the sheriff in the county in which he or she is | ||||||
21 | employed or attends an institution of higher education | ||||||
22 | located in an unincorporated area, or if incorporated, | ||||||
23 | no police chief exists; and
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24 | (ii) with the public safety or security director of the | ||||||
25 | institution of higher education which he or she is employed | ||||||
26 | at or attends.
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1 | The registration fees shall only apply to the municipality | ||||||
2 | or county of primary registration, and not to campus | ||||||
3 | registration. | ||||||
4 | For purposes of this Article, the place of residence or | ||||||
5 | temporary
domicile is defined as any and all places where the | ||||||
6 | sex offender resides
for an aggregate period of time of 3 or | ||||||
7 | more days during any calendar year.
Any person required to | ||||||
8 | register under this Article who lacks a fixed address or | ||||||
9 | temporary domicile must notify, in person, the agency of | ||||||
10 | jurisdiction of his or her last known address within 3 days | ||||||
11 | after ceasing to have a fixed residence. | ||||||
12 | A sex offender or sexual predator who is temporarily absent | ||||||
13 | from his or her current address of registration for 3 or more | ||||||
14 | days shall notify the law enforcement agency having | ||||||
15 | jurisdiction of his or her current registration, including the | ||||||
16 | itinerary for travel, in the manner provided in Section 6 of | ||||||
17 | this Act for notification to the law enforcement agency having | ||||||
18 | jurisdiction of change of address. | ||||||
19 | Any person who lacks a fixed residence must report weekly, | ||||||
20 | in person, with the sheriff's office of the county in which he | ||||||
21 | or she is located in an unincorporated area, or with the chief | ||||||
22 | of police in the municipality in which he or she is located. | ||||||
23 | The agency of jurisdiction will document each weekly | ||||||
24 | registration to include all the locations where the person has | ||||||
25 | stayed during the past 7 days.
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26 | The sex offender or sexual predator shall provide accurate |
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1 | information
as required by the Department of State Police. That | ||||||
2 | information shall include
the sex offender's or sexual | ||||||
3 | predator's current place of employment.
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4 | (a-5) An out-of-state student or out-of-state employee | ||||||
5 | shall,
within 3 days after beginning school or employment in | ||||||
6 | this State,
register in person and provide accurate information | ||||||
7 | as required by the
Department of State Police. Such information | ||||||
8 | will include current place of
employment, school attended, and | ||||||
9 | address in state of residence. A sex offender convicted under | ||||||
10 | Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the | ||||||
11 | Criminal Code of 1961 or the Criminal Code of 2012 shall | ||||||
12 | provide all Internet protocol (IP) addresses in his or her | ||||||
13 | residence, registered in his or her name, accessible at his or | ||||||
14 | her place of employment, or otherwise under his or her control | ||||||
15 | or custody. The out-of-state student or out-of-state employee | ||||||
16 | shall register:
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17 | (1) with: | ||||||
18 | (A) the chief of police in the municipality in | ||||||
19 | which he or she attends school or is employed for a | ||||||
20 | period of time of 5
or more days or for an
aggregate | ||||||
21 | period of time of more than 30 days during any
calendar | ||||||
22 | year, unless the
municipality is the City of Chicago, | ||||||
23 | in which case he or she shall register at
the Chicago | ||||||
24 | Police Department Headquarters; or
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25 | (B) the sheriff in the county in which
he or she | ||||||
26 | attends school or is
employed for a period of time of 5 |
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1 | or more days or
for an aggregate period of
time of more | ||||||
2 | than 30 days during any calendar year in an
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3 | unincorporated area
or, if incorporated, no police | ||||||
4 | chief exists; and | ||||||
5 | (2) with the public safety or security director of the | ||||||
6 | institution of higher education he or she is employed at or | ||||||
7 | attends for a period of time of 5 or more days or for an | ||||||
8 | aggregate period of time of more than 30 days during a | ||||||
9 | calendar year. | ||||||
10 | The registration fees shall only apply to the municipality | ||||||
11 | or county of primary registration, and not to campus | ||||||
12 | registration. | ||||||
13 | The out-of-state student or out-of-state employee shall | ||||||
14 | provide accurate
information as required by the Department of | ||||||
15 | State Police. That information
shall include the out-of-state | ||||||
16 | student's current place of school attendance or
the | ||||||
17 | out-of-state employee's current place of employment.
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18 | (a-10) Any law enforcement agency registering sex | ||||||
19 | offenders or sexual predators in accordance with subsections | ||||||
20 | (a) or (a-5) of this Section shall forward to the Attorney | ||||||
21 | General a copy of sex offender registration forms from persons | ||||||
22 | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | ||||||
23 | 11-21 of the Criminal Code of 1961 or the Criminal Code of | ||||||
24 | 2012, including periodic and annual registrations under | ||||||
25 | Section 6 of this Act. | ||||||
26 | (b) Any sex offender, as defined in Section 2 of this Act, |
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1 | or sexual
predator, regardless of any initial,
prior, or other | ||||||
2 | registration, shall, within 3 days of beginning school,
or | ||||||
3 | establishing a
residence, place of employment, or temporary | ||||||
4 | domicile in
any county, register in person as set forth in | ||||||
5 | subsection (a)
or (a-5).
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6 | (c) The registration for any person required to register | ||||||
7 | under this
Article shall be as follows:
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8 | (1) Any person registered under the Habitual Child Sex | ||||||
9 | Offender
Registration Act or the Child Sex Offender | ||||||
10 | Registration Act prior to January
1, 1996, shall be deemed | ||||||
11 | initially registered as of January 1, 1996; however,
this | ||||||
12 | shall not be construed to extend the duration of | ||||||
13 | registration set forth
in Section 7.
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14 | (2) Except as provided in subsection (c)(2.1) or | ||||||
15 | (c)(4), any person convicted or
adjudicated prior to | ||||||
16 | January 1, 1996, whose liability for registration under
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17 | Section 7 has not expired, shall register in person prior | ||||||
18 | to January 31,
1996.
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19 | (2.1) A sex offender or sexual predator, who has never | ||||||
20 | previously been required to register under this Act, has a | ||||||
21 | duty to register if the person has been convicted of any | ||||||
22 | felony offense after July 1, 2011. A person who previously | ||||||
23 | was required to register under this Act for a period of 10 | ||||||
24 | years and successfully completed that registration period | ||||||
25 | has a duty to register if: (i) the person has been | ||||||
26 | convicted of any felony offense after July 1, 2011, and |
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1 | (ii) the offense for which the 10 year registration was | ||||||
2 | served currently requires a registration period of more | ||||||
3 | than 10 years. Notification of an offender's duty to | ||||||
4 | register under this subsection shall be pursuant to Section | ||||||
5 | 5-7 of this Act. | ||||||
6 | (2.5) Except as provided in subsection (c)(4), any | ||||||
7 | person who has not
been notified of his or her | ||||||
8 | responsibility to register shall be notified by a
criminal | ||||||
9 | justice entity of his or her responsibility to register. | ||||||
10 | Upon
notification the person must then register within 3 | ||||||
11 | days of notification of
his or her requirement to register. | ||||||
12 | Except as provided in subsection (c)(2.1), if notification | ||||||
13 | is not made within the
offender's 10 year registration | ||||||
14 | requirement, and the Department of State
Police determines | ||||||
15 | no evidence exists or indicates the offender attempted to
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16 | avoid registration, the offender will no longer be required | ||||||
17 | to register under
this Act.
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18 | (3) Except as provided in subsection (c)(4), any person | ||||||
19 | convicted on
or after January 1, 1996, shall register in | ||||||
20 | person within 3 days after the
entry of the sentencing | ||||||
21 | order based upon his or her conviction.
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22 | (4) Any person unable to comply with the registration | ||||||
23 | requirements of
this Article because he or she is confined, | ||||||
24 | institutionalized,
or imprisoned in Illinois on or after | ||||||
25 | January 1, 1996, shall register in person
within 3 days of | ||||||
26 | discharge, parole or release.
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1 | (5) The person shall provide positive identification | ||||||
2 | and documentation
that substantiates proof of residence at | ||||||
3 | the registering address.
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4 | (6) The person shall pay a $100
initial registration | ||||||
5 | fee and
a $100
annual
renewal fee to the registering law | ||||||
6 | enforcement agency having jurisdiction.
The registering | ||||||
7 | agency may waive the registration fee
if it determines that | ||||||
8 | the person is indigent and unable to pay the registration
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9 | fee. Thirty-five
dollars for the initial registration fee | ||||||
10 | and $35 of the annual renewal fee
shall be retained and | ||||||
11 | used by the registering agency for official purposes. | ||||||
12 | Having retained $35 of the initial registration fee and $35 | ||||||
13 | of the annual renewal fee, the registering agency shall | ||||||
14 | remit the remainder of the fee to State agencies within 30 | ||||||
15 | days of receipt for deposit into the State funds as | ||||||
16 | follows: | ||||||
17 | (A) Five dollars of
the initial registration fee | ||||||
18 | and $5 of the annual fee shall be remitted to the State | ||||||
19 | Treasurer who shall deposit the moneys into
the Sex | ||||||
20 | Offender Management Board Fund under Section 19 of the | ||||||
21 | Sex Offender
Management Board Act. Money deposited | ||||||
22 | into the Sex Offender Management Board
Fund shall be | ||||||
23 | administered by the Sex Offender Management Board and | ||||||
24 | shall be
used by the Board to comply with the | ||||||
25 | provisions of the Sex Offender Management Board Act. | ||||||
26 | (B)
Thirty dollars of the initial registration fee |
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1 | and $30 of the annual renewal fee shall be remitted to | ||||||
2 | the Department of State Police which shall deposit the | ||||||
3 | moneys into the Sex Offender Registration Fund and | ||||||
4 | shall be used by the Department of State Police to | ||||||
5 | maintain and update the Illinois State Police Sex | ||||||
6 | Offender Registry. | ||||||
7 | (C) Thirty dollars of the initial registration fee | ||||||
8 | and $30 of the annual renewal fee shall be remitted to | ||||||
9 | the Attorney General who shall deposit the moneys into | ||||||
10 | the Attorney General Sex Offender Awareness, Training, | ||||||
11 | and Education Fund. Moneys deposited into the Fund | ||||||
12 | shall be used by the Attorney General to administer the | ||||||
13 | I-SORT program and to alert and educate the public, | ||||||
14 | victims, and witnesses of their rights under various | ||||||
15 | victim notification laws and for training law | ||||||
16 | enforcement agencies, State's Attorneys, and medical | ||||||
17 | providers of their legal duties concerning the | ||||||
18 | prosecution and investigation of sex offenses. | ||||||
19 | The registering agency shall establish procedures to | ||||||
20 | document the receipt and remittance of the $100 initial | ||||||
21 | registration fee and $100 annual renewal fee. | ||||||
22 | (d) Within 3 days after obtaining or changing employment | ||||||
23 | and, if employed
on January 1, 2000, within 5 days after that | ||||||
24 | date, a person required to
register under this Section must | ||||||
25 | report, in person to the law
enforcement agency having | ||||||
26 | jurisdiction, the business name and address where he
or she is |
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1 | employed. If the person has multiple businesses or work | ||||||
2 | locations,
every business and work location must be reported to | ||||||
3 | the law enforcement agency
having jurisdiction.
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4 | (Source: P.A. 97-155, eff 1-1-12; 97-333, eff. 8-12-11; 97-578, | ||||||
5 | eff. 1-1-12; 97-1098, eff. 1-1-13; 97-1109, eff. 1-1-13; | ||||||
6 | 97-1150, eff. 1-25-13; 98-558, eff. 1-1-14; 98-612, eff. | ||||||
7 | 12-27-13.)
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