Full Text of SB1918 101st General Assembly
SB1918sam001 101ST GENERAL ASSEMBLY | Sen. John G. Mulroe Filed: 3/1/2019
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| 1 | | AMENDMENT TO SENATE BILL 1918
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1918 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Finance Act is amended by changing | 5 | | Section 5.462 as follows:
| 6 | | (30 ILCS 105/5.462)
| 7 | | Sec. 5.462. The Sex Offender Registration Fund. | 8 | | (Source: P.A. 90-193, eff. 7-24-97; 90-655, eff. 7-30-98.)
| 9 | | (30 ILCS 105/5.669 rep.)
| 10 | | (30 ILCS 105/5.694 rep.)
| 11 | | Section 10. The State Finance Act is amended by repealing | 12 | | Sections 5.669 and 5.694. | 13 | | Section 15. The Unified Code of Corrections is amended by | 14 | | changing Section 5-9-1.15 as follows: |
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| 1 | | (730 ILCS 5/5-9-1.15) | 2 | | (Section scheduled to be repealed on July 1, 2019) | 3 | | Sec. 5-9-1.15. Sex offender fines. | 4 | | (a) There shall be added to
every penalty imposed in | 5 | | sentencing for a sex offense as defined in Section 2 of the Sex | 6 | | Offender Registration Act an
additional fine in the amount of | 7 | | $500 to be imposed upon a plea of guilty,
stipulation of facts | 8 | | or finding of guilty resulting in a judgment of
conviction or | 9 | | order of supervision. | 10 | | (b) Such additional amount shall be assessed by the court | 11 | | imposing sentence
and shall be collected by the circuit clerk | 12 | | in addition to the fine, if
any, and costs in the case. Each | 13 | | such additional penalty shall be remitted
by the circuit clerk | 14 | | within one month after receipt to the State Treasurer
for | 15 | | deposit into the Sex Offender Registration Investigation Fund. | 16 | | The
circuit clerk shall retain 10% of such penalty for deposit | 17 | | into the Circuit Court Clerk Operation and Administrative Fund | 18 | | created by the Clerk of the Circuit Court to cover the costs | 19 | | incurred
in administering and enforcing this Section. Such | 20 | | additional penalty shall
not be considered a part of the fine | 21 | | for purposes of any reduction in the
fine for time served | 22 | | either before or after sentencing.
| 23 | | (c) Not later than March 1 of each year the clerk of the | 24 | | circuit court shall
submit to the State Comptroller a report of | 25 | | the amount of funds remitted by
him or her to the State |
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| 1 | | Treasurer under this Section during the preceding calendar
| 2 | | year. Except as otherwise provided by Supreme Court Rules, if a | 3 | | court in
sentencing an offender levies a gross amount for fine, | 4 | | costs, fees and
penalties, the amount of the additional penalty | 5 | | provided for herein shall
be collected from the amount | 6 | | remaining after deducting from the gross
amount levied all fees | 7 | | of the circuit clerk, the State's Attorney, and the
sheriff. | 8 | | After deducting from the gross amount levied the fees and
| 9 | | additional penalty provided for herein, less any other | 10 | | additional penalties
provided by law, the clerk shall remit | 11 | | $100 of each $500 additional fine imposed under this Section to | 12 | | the State's Attorney of the county which prosecuted the case or | 13 | | the local law enforcement agency that investigated the case | 14 | | leading to the defendant's judgment of conviction or order of | 15 | | supervision and after such remission the net balance remaining | 16 | | to the
entity authorized by law to receive the fine imposed in | 17 | | the case. For
purposes of this Section "fees of the circuit | 18 | | clerk" shall include, if
applicable, the fee provided for under | 19 | | Section 27.3a of the Clerks of
Courts Act and the fee, if | 20 | | applicable, payable to the county in which the
violation | 21 | | occurred under Section 5-1101 of the Counties Code. | 22 | | (c-5) Notwithstanding any other provision of law, in | 23 | | addition to any other transfers that may be provided by law, on | 24 | | the effective date of this amendatory Act of the 101st General | 25 | | Assembly, or as soon thereafter as practical, the State | 26 | | Comptroller shall direct and the State Treasurer shall transfer |
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| 1 | | the remaining balance from the Sex Offender Investigation Fund | 2 | | into the Offender Registration Fund. Upon completion of the | 3 | | transfers, the Sex Offender Investigation Fund is dissolved, | 4 | | and any future deposits due to that Fund and any outstanding | 5 | | obligations or liabilities of that Fund pass to the Offender | 6 | | Registration Fund. | 7 | | (d) Subject to appropriation, moneys in the Sex Offender | 8 | | Registration Investigation Fund received under this Section | 9 | | shall be used by the Department of State Police to investigate | 10 | | alleged sex offenses and to make grants to local law | 11 | | enforcement agencies to investigate alleged sex offenses as | 12 | | such grants are awarded by the Director of State Police under | 13 | | rules established by the Director of State Police .
| 14 | | (Source: P.A. 95-600, eff. 6-1-08; 95-876, eff. 8-21-08. | 15 | | Repealed by P.A. 100-987, eff. 7-1-19.) | 16 | | Section 20. The Sex Offender Registration Act is amended by | 17 | | changing Sections 3, 10, and 11 as follows: | 18 | | (730 ILCS 150/3) | 19 | | Sec. 3. Duty to register.
| 20 | | (a) A sex offender, as defined in Section 2 of this Act, or | 21 | | sexual
predator shall, within the time period
prescribed in | 22 | | subsections (b) and (c), register in person
and provide | 23 | | accurate information as required by the Department of State
| 24 | | Police. Such information shall include a current photograph,
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| 1 | | current address,
current place of employment, the sex | 2 | | offender's or sexual predator's telephone number, including | 3 | | cellular telephone number, the employer's telephone number, | 4 | | school attended, all e-mail addresses, instant messaging | 5 | | identities, chat room identities, and other Internet | 6 | | communications identities that the sex offender uses or plans | 7 | | to use, all Uniform Resource Locators (URLs) registered or used | 8 | | by the sex offender, all blogs and other Internet sites | 9 | | maintained by the sex offender or to which the sex offender has | 10 | | uploaded any content or posted any messages or information, | 11 | | extensions of the time period for registering as provided in | 12 | | this Article and, if an extension was granted, the reason why | 13 | | the extension was granted and the date the sex offender was | 14 | | notified of the extension. The information shall also include a | 15 | | copy of the terms and conditions of parole or release signed by | 16 | | the sex offender and given to the sex offender by his or her | 17 | | supervising officer or aftercare specialist, the county of | 18 | | conviction, license plate numbers for every vehicle registered | 19 | | in the name of the sex offender, the age of the sex offender at | 20 | | the time of the commission of the offense, the age of the | 21 | | victim at the time of the commission of the offense, and any | 22 | | distinguishing marks located on the body of the sex offender. A | 23 | | sex offender convicted under Section 11-6, 11-20.1, 11-20.1B, | 24 | | 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal | 25 | | Code of 2012 shall provide all Internet protocol (IP) addresses | 26 | | in his or her residence, registered in his or her name, |
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| 1 | | accessible at his or her place of employment, or otherwise | 2 | | under his or her control or custody. If the sex offender is a | 3 | | child sex offender as defined in Section 11-9.3 or 11-9.4 of | 4 | | the Criminal Code of 1961 or the Criminal Code of 2012, the sex | 5 | | offender shall report to the registering agency whether he or | 6 | | she is living in a household with a child under 18 years of age | 7 | | who is not his or her own child, provided that his or her own | 8 | | child is not the victim of the sex offense. The sex offender or
| 9 | | sexual predator shall register:
| 10 | | (1) with the chief of police in the municipality in | 11 | | which he or she
resides or is temporarily domiciled for a | 12 | | period of time of 3 or more
days, unless the
municipality | 13 | | is the City of Chicago, in which case he or she shall | 14 | | register
at a fixed location designated by the | 15 | | Superintendent of the Chicago Police Department; or
| 16 | | (2) with the sheriff in the county in which
he or she | 17 | | resides or is
temporarily domiciled
for a period of time of | 18 | | 3 or more days in an unincorporated
area or, if | 19 | | incorporated, no police chief exists.
| 20 | | If the sex offender or sexual predator is employed at or | 21 | | attends an institution of higher education, he or she shall | 22 | | also register:
| 23 | | (i) with: | 24 | | (A) the chief of police in the municipality in | 25 | | which he or she is employed at or attends an | 26 | | institution of higher education, unless the |
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| 1 | | municipality is the City of Chicago, in which case he | 2 | | or she shall register at a fixed location designated by | 3 | | the Superintendent of the Chicago Police Department; | 4 | | or | 5 | | (B) the sheriff in the county in which he or she is | 6 | | employed or attends an institution of higher education | 7 | | located in an unincorporated area, or if incorporated, | 8 | | no police chief exists; and
| 9 | | (ii) with the public safety or security director of the | 10 | | institution of higher education which he or she is employed | 11 | | at or attends.
| 12 | | The registration fees shall only apply to the municipality | 13 | | or county of primary registration, and not to campus | 14 | | registration. | 15 | | For purposes of this Article, the place of residence or | 16 | | temporary
domicile is defined as any and all places where the | 17 | | sex offender resides
for an aggregate period of time of 3 or | 18 | | more days during any calendar year.
Any person required to | 19 | | register under this Article who lacks a fixed address or | 20 | | temporary domicile must notify, in person, the agency of | 21 | | jurisdiction of his or her last known address within 3 days | 22 | | after ceasing to have a fixed residence. | 23 | | A sex offender or sexual predator who is temporarily absent | 24 | | from his or her current address of registration for 3 or more | 25 | | days shall notify the law enforcement agency having | 26 | | jurisdiction of his or her current registration, including the |
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| 1 | | itinerary for travel, in the manner provided in Section 6 of | 2 | | this Act for notification to the law enforcement agency having | 3 | | jurisdiction of change of address. | 4 | | Any person who lacks a fixed residence must report weekly, | 5 | | in person, with the sheriff's office of the county in which he | 6 | | or she is located in an unincorporated area, or with the chief | 7 | | of police in the municipality in which he or she is located. | 8 | | The agency of jurisdiction will document each weekly | 9 | | registration to include all the locations where the person has | 10 | | stayed during the past 7 days.
| 11 | | The sex offender or sexual predator shall provide accurate | 12 | | information
as required by the Department of State Police. That | 13 | | information shall include
the sex offender's or sexual | 14 | | predator's current place of employment.
| 15 | | (a-5) An out-of-state student or out-of-state employee | 16 | | shall,
within 3 days after beginning school or employment in | 17 | | this State,
register in person and provide accurate information | 18 | | as required by the
Department of State Police. Such information | 19 | | will include current place of
employment, school attended, and | 20 | | address in state of residence. A sex offender convicted under | 21 | | Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the | 22 | | Criminal Code of 1961 or the Criminal Code of 2012 shall | 23 | | provide all Internet protocol (IP) addresses in his or her | 24 | | residence, registered in his or her name, accessible at his or | 25 | | her place of employment, or otherwise under his or her control | 26 | | or custody. The out-of-state student or out-of-state employee |
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| 1 | | shall register:
| 2 | | (1) with: | 3 | | (A) the chief of police in the municipality in | 4 | | which he or she attends school or is employed for a | 5 | | period of time of 5
or more days or for an
aggregate | 6 | | period of time of more than 30 days during any
calendar | 7 | | year, unless the
municipality is the City of Chicago, | 8 | | in which case he or she shall register at
a fixed | 9 | | location designated by the Superintendent of the | 10 | | Chicago Police Department; or
| 11 | | (B) the sheriff in the county in which
he or she | 12 | | attends school or is
employed for a period of time of 5 | 13 | | or more days or
for an aggregate period of
time of more | 14 | | than 30 days during any calendar year in an
| 15 | | unincorporated area
or, if incorporated, no police | 16 | | chief exists; and | 17 | | (2) with the public safety or security director of the | 18 | | institution of higher education he or she is employed at or | 19 | | attends for a period of time of 5 or more days or for an | 20 | | aggregate period of time of more than 30 days during a | 21 | | calendar year. | 22 | | The registration fees shall only apply to the municipality | 23 | | or county of primary registration, and not to campus | 24 | | registration. | 25 | | The out-of-state student or out-of-state employee shall | 26 | | provide accurate
information as required by the Department of |
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| 1 | | State Police. That information
shall include the out-of-state | 2 | | student's current place of school attendance or
the | 3 | | out-of-state employee's current place of employment.
| 4 | | (a-10) Any law enforcement agency registering sex | 5 | | offenders or sexual predators in accordance with subsections | 6 | | (a) or (a-5) of this Section shall forward to the Attorney | 7 | | General a copy of sex offender registration forms from persons | 8 | | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | 9 | | 11-21 of the Criminal Code of 1961 or the Criminal Code of | 10 | | 2012, including periodic and annual registrations under | 11 | | Section 6 of this Act. | 12 | | (b) Any sex offender, as defined in Section 2 of this Act, | 13 | | or sexual
predator, regardless of any initial,
prior, or other | 14 | | registration, shall, within 3 days of beginning school,
or | 15 | | establishing a
residence, place of employment, or temporary | 16 | | domicile in
any county, register in person as set forth in | 17 | | subsection (a)
or (a-5).
| 18 | | (c) The registration for any person required to register | 19 | | under this
Article shall be as follows:
| 20 | | (1) Any person registered under the Habitual Child Sex | 21 | | Offender
Registration Act or the Child Sex Offender | 22 | | Registration Act prior to January
1, 1996, shall be deemed | 23 | | initially registered as of January 1, 1996; however,
this | 24 | | shall not be construed to extend the duration of | 25 | | registration set forth
in Section 7.
| 26 | | (2) Except as provided in subsection (c)(2.1) or |
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| 1 | | (c)(4), any person convicted or
adjudicated prior to | 2 | | January 1, 1996, whose liability for registration under
| 3 | | Section 7 has not expired, shall register in person prior | 4 | | to January 31,
1996.
| 5 | | (2.1) A sex offender or sexual predator, who has never | 6 | | previously been required to register under this Act, has a | 7 | | duty to register if the person has been convicted of any | 8 | | felony offense after July 1, 2011. A person who previously | 9 | | was required to register under this Act for a period of 10 | 10 | | years and successfully completed that registration period | 11 | | has a duty to register if: (i) the person has been | 12 | | convicted of any felony offense after July 1, 2011, and | 13 | | (ii) the offense for which the 10 year registration was | 14 | | served currently requires a registration period of more | 15 | | than 10 years. Notification of an offender's duty to | 16 | | register under this subsection shall be pursuant to Section | 17 | | 5-7 of this Act. | 18 | | (2.5) Except as provided in subsection (c)(4), any | 19 | | person who has not
been notified of his or her | 20 | | responsibility to register shall be notified by a
criminal | 21 | | justice entity of his or her responsibility to register. | 22 | | Upon
notification the person must then register within 3 | 23 | | days of notification of
his or her requirement to register. | 24 | | Except as provided in subsection (c)(2.1), if notification | 25 | | is not made within the
offender's 10 year registration | 26 | | requirement, and the Department of State
Police determines |
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| 1 | | no evidence exists or indicates the offender attempted to
| 2 | | avoid registration, the offender will no longer be required | 3 | | to register under
this Act.
| 4 | | (3) Except as provided in subsection (c)(4), any person | 5 | | convicted on
or after January 1, 1996, shall register in | 6 | | person within 3 days after the
entry of the sentencing | 7 | | order based upon his or her conviction.
| 8 | | (4) Any person unable to comply with the registration | 9 | | requirements of
this Article because he or she is confined, | 10 | | institutionalized,
or imprisoned in Illinois on or after | 11 | | January 1, 1996, shall register in person
within 3 days of | 12 | | discharge, parole or release.
| 13 | | (5) The person shall provide positive identification | 14 | | and documentation
that substantiates proof of residence at | 15 | | the registering address.
| 16 | | (6) The person shall pay a $100
initial registration | 17 | | fee and
a $100
annual
renewal fee to the registering law | 18 | | enforcement agency having jurisdiction.
The registering | 19 | | agency may waive the registration fee
if it determines that | 20 | | the person is indigent and unable to pay the registration
| 21 | | fee. Thirty-five
dollars for the initial registration fee | 22 | | and $35 of the annual renewal fee
shall be retained and | 23 | | used by the registering agency for official purposes. | 24 | | Having retained $35 of the initial registration fee and $35 | 25 | | of the annual renewal fee, the registering agency shall | 26 | | remit the remainder of the fee to State agencies within 30 |
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| 1 | | days of receipt for deposit into the State funds as | 2 | | follows: | 3 | | (A) Five dollars of
the initial registration fee | 4 | | and $5 of the annual fee shall be remitted to the State | 5 | | Treasurer who shall deposit the moneys into
the Sex | 6 | | Offender Management Board Fund under Section 19 of the | 7 | | Sex Offender
Management Board Act. Money deposited | 8 | | into the Sex Offender Management Board
Fund shall be | 9 | | administered by the Sex Offender Management Board and | 10 | | shall be
used by the Board to comply with the | 11 | | provisions of the Sex Offender Management Board Act. | 12 | | (B)
Thirty dollars of the initial registration fee | 13 | | and $30 of the annual renewal fee shall be remitted to | 14 | | the Department of State Police which shall deposit the | 15 | | moneys into the Sex Offender Registration Fund and | 16 | | shall be used by the Department of State Police to | 17 | | maintain and update the Illinois State Police Sex | 18 | | Offender Registry. | 19 | | (C) Thirty dollars of the initial registration fee | 20 | | and $30 of the annual renewal fee shall be remitted to | 21 | | the Attorney General who shall deposit the moneys into | 22 | | the Attorney General Sex Offender Awareness, Training, | 23 | | and Education Fund. Moneys deposited into the Fund | 24 | | shall be used by the Attorney General to administer the | 25 | | I-SORT program and to alert and educate the public, | 26 | | victims, and witnesses of their rights under various |
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| 1 | | victim notification laws and for training law | 2 | | enforcement agencies, State's Attorneys, and medical | 3 | | providers of their legal duties concerning the | 4 | | prosecution and investigation of sex offenses. | 5 | | The registering agency shall establish procedures to | 6 | | document the receipt and remittance of the $100 initial | 7 | | registration fee and $100 annual renewal fee. | 8 | | (d) Within 3 days after obtaining or changing employment | 9 | | and, if employed
on January 1, 2000, within 5 days after that | 10 | | date, a person required to
register under this Section must | 11 | | report, in person to the law
enforcement agency having | 12 | | jurisdiction, the business name and address where he
or she is | 13 | | employed. If the person has multiple businesses or work | 14 | | locations,
every business and work location must be reported to | 15 | | the law enforcement agency
having jurisdiction.
| 16 | | (Source: P.A. 98-558, eff. 1-1-14; 98-612, eff. 12-27-13; | 17 | | 99-755, eff. 8-5-16.)
| 18 | | (730 ILCS 150/10) (from Ch. 38, par. 230)
| 19 | | Sec. 10. Penalty.
| 20 | | (a) Any person who is required to register under this
| 21 | | Article who violates any of the provisions of this Article and | 22 | | any person
who is required to register under this Article who | 23 | | seeks to change his or her
name under Article XXI of the Code | 24 | | of Civil Procedure is guilty of a Class 3
felony.
Any person | 25 | | who is convicted for a violation of this Act for a second or |
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| 1 | | subsequent time is guilty of a Class 2 felony. Any person who | 2 | | is required to register under this Article who
knowingly or | 3 | | willfully wilfully gives material information required by this | 4 | | Article that
is false is guilty of a Class 3 felony.
Any person | 5 | | convicted of a violation of any provision of this Article
| 6 | | shall, in addition to any other penalty required by law, be | 7 | | required to serve a
minimum period of 7 days confinement in the | 8 | | local county jail. The court shall
impose a mandatory minimum | 9 | | fine of $500 for failure to comply with any
provision of this | 10 | | Article. These fines shall be deposited in the Sex Offender
| 11 | | Registration Fund. Any sex offender, as defined in Section 2 of | 12 | | this Act,
or sexual predator who violates any
provision of this | 13 | | Article may be arrested and
tried in any Illinois county where | 14 | | the sex
offender can be located. The local police department or | 15 | | sheriff's office is not required to determine whether the | 16 | | person is living within its jurisdiction.
| 17 | | (b) Any person, not covered by privilege under Part 8 of | 18 | | Article VIII of the Code of Civil Procedure or the Illinois | 19 | | Supreme Court's Rules of Professional Conduct, who has reason | 20 | | to believe that a sexual predator is not complying, or has not | 21 | | complied, with the requirements of this Article and who, with | 22 | | the intent to assist the sexual predator in eluding a law | 23 | | enforcement agency that is seeking to find the sexual predator | 24 | | to question the sexual predator about, or to arrest the sexual | 25 | | predator for, his or her noncompliance with the requirements of | 26 | | this Article is guilty of a Class 3 felony if he or she: |
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| 1 | | (1) provides false information to the law enforcement | 2 | | agency having jurisdiction about the sexual predator's | 3 | | noncompliance with the requirements of this Article, and, | 4 | | if known, the whereabouts of the sexual predator; | 5 | | (2) harbors, or attempts to harbor, or assists another | 6 | | person in harboring or attempting to harbor, the sexual | 7 | | predator; or | 8 | | (3) conceals or attempts to conceal, or assists another | 9 | | person in concealing or attempting to conceal, the sexual | 10 | | predator. | 11 | | (c) Subsection (b) does not apply if the sexual predator is | 12 | | incarcerated in or is in the custody of a State correctional | 13 | | facility, a private correctional facility, a county or | 14 | | municipal jail, a State mental health facility or a State | 15 | | treatment and detention facility, or a federal correctional | 16 | | facility.
| 17 | | (d) Subsections (a) and (b) do not apply if the sex | 18 | | offender accurately registered his or her Internet protocol | 19 | | address under this Act, and the address subsequently changed | 20 | | without his or her knowledge or intent.
| 21 | | (Source: P.A. 99-78, eff. 7-20-15.)
| 22 | | (730 ILCS 150/11)
| 23 | | Sec. 11. Offender Registration Fund Sex offender | 24 | | registration fund . There is created the Offender Registration | 25 | | Fund (formerly known as the Sex
Offender Registration Fund ) . |
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| 1 | | Moneys in the Fund shall be used to cover costs
incurred by the | 2 | | criminal justice system to administer this Article and the | 3 | | Murderer and Violent Offender Against Youth Registration Act, | 4 | | and for purposes as authorized under Section 5-9-1.15 of the | 5 | | Unified Code of Corrections . The
Department of State Police | 6 | | shall establish and promulgate rules and procedures
regarding | 7 | | the administration of this Fund. Fifty percent of the moneys
in | 8 | | the Fund shall be allocated by the Department for sheriffs' | 9 | | offices and
police departments. The remaining moneys in the | 10 | | Fund received under this amendatory Act of the 101st General | 11 | | Assembly shall be allocated to the Illinois State Police Sex | 12 | | Offender Registration Unit for education and administration of | 13 | | the Act.
| 14 | | (Source: P.A. 93-979, eff. 8-20-04.)
| 15 | | Section 25. The Murderer and Violent Offender Against Youth | 16 | | Registration Act is amended by changing Sections 10, 60, and 65 | 17 | | as follows: | 18 | | (730 ILCS 154/10)
| 19 | | Sec. 10. Duty to register. | 20 | | (a) A violent offender against youth shall, within the time | 21 | | period
prescribed in subsections (b) and (c), register in | 22 | | person
and provide accurate information as required by the | 23 | | Department of State
Police. Such information shall include a | 24 | | current photograph,
current address,
current place of |
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| 1 | | employment, the employer's telephone number, school attended, | 2 | | extensions of the time period for registering as provided in | 3 | | this Act and, if an extension was granted, the reason why the | 4 | | extension was granted and the date the violent offender against | 5 | | youth was notified of the extension. A person who has been | 6 | | adjudicated a juvenile delinquent for an act which, if | 7 | | committed by an adult, would be a violent offense against youth | 8 | | shall register as an adult violent offender against youth | 9 | | within 10 days after attaining 17 years of age. The violent | 10 | | offender against youth shall register:
| 11 | | (1) with the chief of police in the municipality in | 12 | | which he or she
resides or is temporarily domiciled for a | 13 | | period of time of 5 or more
days, unless the
municipality | 14 | | is the City of Chicago, in which case he or she shall | 15 | | register
at a fixed location designated by the | 16 | | Superintendent of the Chicago Police Department; or
| 17 | | (2) with the sheriff in the county in which
he or she | 18 | | resides or is
temporarily domiciled
for a period of time of | 19 | | 5 or more days in an unincorporated
area or, if | 20 | | incorporated, no police chief exists.
| 21 | | If the violent offender against youth is employed at or | 22 | | attends an institution of higher education, he or she shall | 23 | | register:
| 24 | | (i) with the chief of police in the municipality in | 25 | | which he or she is employed at or attends an institution of | 26 | | higher education, unless the municipality is the City of |
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| 1 | | Chicago, in which case he or she shall register at a fixed | 2 | | location designated by the Superintendent of the Chicago | 3 | | Police Department; or | 4 | | (ii) with the sheriff in the county in which he or she | 5 | | is employed or attends an institution of higher education | 6 | | located in an unincorporated area, or if incorporated, no | 7 | | police chief exists.
| 8 | | For purposes of this Act, the place of residence or | 9 | | temporary
domicile is defined as any and all places where the | 10 | | violent offender against youth resides
for an aggregate period | 11 | | of time of 5 or more days during any calendar year.
Any person | 12 | | required to register under this Act who lacks a fixed address | 13 | | or temporary domicile must notify, in person, the agency of | 14 | | jurisdiction of his or her last known address within 5 days | 15 | | after ceasing to have a fixed residence. | 16 | | Any person who lacks a fixed residence must report weekly, | 17 | | in person, with the sheriff's office of the county in which he | 18 | | or she is located in an unincorporated area, or with the chief | 19 | | of police in the municipality in which he or she is located. | 20 | | The agency of jurisdiction will document each weekly | 21 | | registration to include all the locations where the person has | 22 | | stayed during the past 7 days.
| 23 | | The violent offender against youth shall provide accurate | 24 | | information
as required by the Department of State Police. That | 25 | | information shall include
the current place of employment of | 26 | | the violent offender against youth.
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| 1 | | (a-5) An out-of-state student or out-of-state employee | 2 | | shall,
within 5 days after beginning school or employment in | 3 | | this State,
register in person and provide accurate information | 4 | | as required by the
Department of State Police. Such information | 5 | | will include current place of
employment, school attended, and | 6 | | address in state of residence. The out-of-state student or | 7 | | out-of-state employee shall register:
| 8 | | (1) with the chief of police in the municipality in | 9 | | which he or she attends school or is employed for a period | 10 | | of time of 5
or more days or for an
aggregate period of | 11 | | time of more than 30 days during any
calendar year, unless | 12 | | the
municipality is the City of Chicago, in which case he | 13 | | or she shall register at
a fixed location designated by the | 14 | | Superintendent of the Chicago Police Department; or
| 15 | | (2) with the sheriff in the county in which
he or she | 16 | | attends school or is
employed for a period of time of 5 or | 17 | | more days or
for an aggregate period of
time of more than | 18 | | 30 days during any calendar year in an
unincorporated area
| 19 | | or, if incorporated, no police chief exists. | 20 | | The out-of-state student or out-of-state employee shall | 21 | | provide accurate
information as required by the Department of | 22 | | State Police. That information
shall include the out-of-state | 23 | | student's current place of school attendance or
the | 24 | | out-of-state employee's current place of employment.
| 25 | | (b) Any violent offender against youth regardless of any | 26 | | initial,
prior, or other registration, shall, within 5 days of |
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| 1 | | beginning school,
or establishing a
residence, place of | 2 | | employment, or temporary domicile in
any county, register in | 3 | | person as set forth in subsection (a)
or (a-5).
| 4 | | (c) The registration for any person required to register | 5 | | under this
Act shall be as follows:
| 6 | | (1) Except as provided in paragraph (3) of this | 7 | | subsection (c), any person who has not
been notified of his | 8 | | or her responsibility to register shall be notified by a
| 9 | | criminal justice entity of his or her responsibility to | 10 | | register. Upon
notification the person must then register | 11 | | within 5 days of notification of
his or her requirement to | 12 | | register. If notification is not made within the
offender's | 13 | | 10 year registration requirement, and the Department of | 14 | | State
Police determines no evidence exists or indicates the | 15 | | offender attempted to
avoid registration, the offender | 16 | | will no longer be required to register under
this Act.
| 17 | | (2) Except as provided in paragraph (3) of this | 18 | | subsection (c), any person convicted on
or after the | 19 | | effective date of this Act shall register in person within | 20 | | 5 days after the
entry of the sentencing order based upon | 21 | | his or her conviction.
| 22 | | (3) Any person unable to comply with the registration | 23 | | requirements of
this Act because he or she is confined, | 24 | | institutionalized,
or imprisoned in Illinois on or after | 25 | | the effective date of this Act shall register in person
| 26 | | within 5 days of discharge, parole or release.
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| 1 | | (4) The person shall provide positive identification | 2 | | and documentation
that substantiates proof of residence at | 3 | | the registering address.
| 4 | | (5) The person shall pay a $20
initial registration fee | 5 | | and
a $10
annual
renewal fee. The fees shall be deposited | 6 | | into the Murderer and Violent Offender Against Youth | 7 | | Registration Fund. The fees shall be used by the | 8 | | registering agency for official
purposes. The agency shall | 9 | | establish procedures to document receipt and use
of the | 10 | | funds.
The law enforcement agency having jurisdiction may | 11 | | waive the registration fee
if it determines that the person | 12 | | is indigent and unable to pay the registration
fee.
| 13 | | (d) Within 5 days after obtaining or changing employment, a | 14 | | person required to
register under this Section must report, in | 15 | | person to the law
enforcement agency having jurisdiction, the | 16 | | business name and address where he
or she is employed. If the | 17 | | person has multiple businesses or work locations,
every | 18 | | business and work location must be reported to the law | 19 | | enforcement agency
having jurisdiction.
| 20 | | (Source: P.A. 99-755, eff. 8-5-16.) | 21 | | (730 ILCS 154/60)
| 22 | | Sec. 60. Penalty. Any person who is required to register | 23 | | under this
Act who violates any of the provisions of this Act | 24 | | and any person
who is required to register under this Act who | 25 | | seeks to change his or her
name under Article XXI of the Code |
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| 1 | | of Civil Procedure is guilty of a Class 3
felony.
Any person | 2 | | who is convicted for a violation of this Act for a second or | 3 | | subsequent time is guilty of a Class 2 felony. Any person who | 4 | | is required to register under this Act who
knowingly or | 5 | | willfully wilfully gives material information required by this | 6 | | Act that
is false is guilty of a Class 3 felony.
Any person | 7 | | convicted of a violation of any provision of this Act
shall, in | 8 | | addition to any other penalty required by law, be required to | 9 | | serve a
minimum period of 7 days confinement in the local | 10 | | county jail. The court shall
impose a mandatory minimum fine of | 11 | | $500 for failure to comply with any
provision of this Act. | 12 | | These fines shall be deposited into the Murderer and Violent | 13 | | Offender Against Youth Registration Fund. Any violent offender | 14 | | against youth who violates any
provision of this Act may be | 15 | | arrested and
tried in any Illinois county where the violent | 16 | | offender against youth can be located. The local police | 17 | | department or sheriff's office is not required to determine | 18 | | whether the person is living within its jurisdiction.
| 19 | | (Source: P.A. 99-78, eff. 7-20-15.) | 20 | | (730 ILCS 154/65)
| 21 | | Sec. 65. Murderer and Violent Offender Against Youth | 22 | | Registration Fund. There is created the Murderer and Violent | 23 | | Offender Against Youth Registration Fund. Moneys in the Fund | 24 | | shall be used to cover costs
incurred by the criminal justice | 25 | | system to administer this Act. The
Department of State Police |
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| 1 | | shall establish and promulgate rules and procedures
regarding | 2 | | the administration of this Fund. Fifty percent of the moneys
in | 3 | | the Fund shall be allocated by the Department for sheriffs' | 4 | | offices and
police departments. The remaining moneys in the | 5 | | Fund shall be allocated to the Illinois State Police for | 6 | | education and administration of the Act.
Notwithstanding any | 7 | | other provision of law, in addition to any other transfers that | 8 | | may be provided by law, on the effective date of this | 9 | | amendatory Act of the 101st General Assembly, or as soon | 10 | | thereafter as practical before the repeal of this Section, the | 11 | | State Comptroller shall direct and the State Treasurer shall | 12 | | transfer the remaining balance from the Murderer and Violent | 13 | | Offender Against Youth Registration Fund into the Offender | 14 | | Registration Fund. Upon completion of the transfers, the | 15 | | Murderer and Violent Offender Against Youth Registration Fund | 16 | | is dissolved, and any future deposits due to that Fund and any | 17 | | outstanding obligations or liabilities of that Fund pass to the | 18 | | Offender Registration Fund. This Section is repealed on January | 19 | | 1, 2020.
| 20 | | (Source: P.A. 97-154, eff. 1-1-12.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
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