Full Text of HB0104 100th General Assembly
HB0104 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB0104 Introduced , by Rep. Mark Batinick SYNOPSIS AS INTRODUCED: |
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Amends the Sex Offender Registration Act. Provides for registration under the Act of a person convicted of a battery when the court: (1) finds that the battery was sexually motivated as defined in the Sex Offender Management Board Act; and (2) in its discretion requires the person to register under the Act.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Sex Offender Registration Act is amended by | 5 | | changing Section 3 as follows: | 6 | | (730 ILCS 150/3) | 7 | | Sec. 3. Duty to register.
| 8 | | (a) A sex offender , as defined in Section 2 of this Act, or | 9 | | sexual
predator , as defined in Section 2 of this Act, or a | 10 | | person convicted of a battery when the court: (1) finds that | 11 | | the battery was sexually motivated as defined in Section 10 of | 12 | | the Sex Offender Management Board Act; and (2) in its | 13 | | discretion requires the person to register under this Act, | 14 | | shall, within the time period
prescribed in subsections (b) and | 15 | | (c), register in person
and provide accurate information as | 16 | | required by the Department of State
Police. Such information | 17 | | shall include a current photograph,
current address,
current | 18 | | place of employment, the sex offender's or sexual predator's | 19 | | telephone number, including cellular telephone number, the | 20 | | employer's telephone number, school attended, all e-mail | 21 | | addresses, instant messaging identities, chat room identities, | 22 | | and other Internet communications identities that the sex | 23 | | offender uses or plans to use, all Uniform Resource Locators |
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| 1 | | (URLs) registered or used by the sex offender, all blogs and | 2 | | other Internet sites maintained by the sex offender or to which | 3 | | the sex offender has uploaded any content or posted any | 4 | | messages or information, extensions of the time period for | 5 | | registering as provided in this Article and, if an extension | 6 | | was granted, the reason why the extension was granted and the | 7 | | date the sex offender was notified of the extension. The | 8 | | information shall also include a copy of the terms and | 9 | | conditions of parole or release signed by the sex offender and | 10 | | given to the sex offender by his or her supervising officer or | 11 | | aftercare specialist, the county of conviction, license plate | 12 | | numbers for every vehicle registered in the name of the sex | 13 | | offender, the age of the sex offender at the time of the | 14 | | commission of the offense, the age of the victim at the time of | 15 | | the commission of the offense, and any distinguishing marks | 16 | | located on the body of the sex offender. A sex offender | 17 | | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | 18 | | 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012 | 19 | | shall provide all Internet protocol (IP) addresses in his or | 20 | | her residence, registered in his or her name, accessible at his | 21 | | or her place of employment, or otherwise under his or her | 22 | | control or custody. If the sex offender is a child sex offender | 23 | | as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 24 | | 1961 or the Criminal Code of 2012, the sex offender shall | 25 | | report to the registering agency whether he or she is living in | 26 | | a household with a child under 18 years of age who is not his or |
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| 1 | | her own child, provided that his or her own child is not the | 2 | | victim of the sex offense. The sex offender or
sexual predator | 3 | | shall register:
| 4 | | (1) with the chief of police in the municipality in | 5 | | which he or she
resides or is temporarily domiciled for a | 6 | | period of time of 3 or more
days, unless the
municipality | 7 | | is the City of Chicago, in which case he or she shall | 8 | | register
at a fixed location designated by the | 9 | | Superintendent of the Chicago Police Department; or
| 10 | | (2) with the sheriff in the county in which
he or she | 11 | | resides or is
temporarily domiciled
for a period of time of | 12 | | 3 or more days in an unincorporated
area or, if | 13 | | incorporated, no police chief exists.
| 14 | | If the sex offender or sexual predator is employed at or | 15 | | attends an institution of higher education, he or she shall | 16 | | also register:
| 17 | | (i) with: | 18 | | (A) the chief of police in the municipality in | 19 | | which he or she is employed at or attends an | 20 | | institution of higher education, unless the | 21 | | municipality is the City of Chicago, in which case he | 22 | | or she shall register at a fixed location designated by | 23 | | the Superintendent of the Chicago Police Department; | 24 | | or | 25 | | (B) the sheriff in the county in which he or she is | 26 | | employed or attends an institution of higher education |
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| 1 | | located in an unincorporated area, or if incorporated, | 2 | | no police chief exists; and
| 3 | | (ii) with the public safety or security director of the | 4 | | institution of higher education which he or she is employed | 5 | | at or attends.
| 6 | | The registration fees shall only apply to the municipality | 7 | | or county of primary registration, and not to campus | 8 | | registration. | 9 | | For purposes of this Article, the place of residence or | 10 | | temporary
domicile is defined as any and all places where the | 11 | | sex offender resides
for an aggregate period of time of 3 or | 12 | | more days during any calendar year.
Any person required to | 13 | | register under this Article who lacks a fixed address or | 14 | | temporary domicile must notify, in person, the agency of | 15 | | jurisdiction of his or her last known address within 3 days | 16 | | after ceasing to have a fixed residence. | 17 | | A sex offender or sexual predator who is temporarily absent | 18 | | from his or her current address of registration for 3 or more | 19 | | days shall notify the law enforcement agency having | 20 | | jurisdiction of his or her current registration, including the | 21 | | itinerary for travel, in the manner provided in Section 6 of | 22 | | this Act for notification to the law enforcement agency having | 23 | | jurisdiction of change of address. | 24 | | Any person who lacks a fixed residence must report weekly, | 25 | | in person, with the sheriff's office of the county in which he | 26 | | or she is located in an unincorporated area, or with the chief |
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| 1 | | of police in the municipality in which he or she is located. | 2 | | The agency of jurisdiction will document each weekly | 3 | | registration to include all the locations where the person has | 4 | | stayed during the past 7 days.
| 5 | | The sex offender or sexual predator shall provide accurate | 6 | | information
as required by the Department of State Police. That | 7 | | information shall include
the sex offender's or sexual | 8 | | predator's current place of employment.
| 9 | | (a-5) An out-of-state student or out-of-state employee | 10 | | shall,
within 3 days after beginning school or employment in | 11 | | this State,
register in person and provide accurate information | 12 | | as required by the
Department of State Police. Such information | 13 | | will include current place of
employment, school attended, and | 14 | | address in state of residence. A sex offender convicted under | 15 | | Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the | 16 | | Criminal Code of 1961 or the Criminal Code of 2012 shall | 17 | | provide all Internet protocol (IP) addresses in his or her | 18 | | residence, registered in his or her name, accessible at his or | 19 | | her place of employment, or otherwise under his or her control | 20 | | or custody. The out-of-state student or out-of-state employee | 21 | | shall register:
| 22 | | (1) with: | 23 | | (A) the chief of police in the municipality in | 24 | | which he or she attends school or is employed for a | 25 | | period of time of 5
or more days or for an
aggregate | 26 | | period of time of more than 30 days during any
calendar |
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| 1 | | year, unless the
municipality is the City of Chicago, | 2 | | in which case he or she shall register at
a fixed | 3 | | location designated by the Superintendent of the | 4 | | Chicago Police Department; or
| 5 | | (B) the sheriff in the county in which
he or she | 6 | | attends school or is
employed for a period of time of 5 | 7 | | or more days or
for an aggregate period of
time of more | 8 | | than 30 days during any calendar year in an
| 9 | | unincorporated area
or, if incorporated, no police | 10 | | chief exists; and | 11 | | (2) with the public safety or security director of the | 12 | | institution of higher education he or she is employed at or | 13 | | attends for a period of time of 5 or more days or for an | 14 | | aggregate period of time of more than 30 days during a | 15 | | calendar year. | 16 | | The registration fees shall only apply to the municipality | 17 | | or county of primary registration, and not to campus | 18 | | registration. | 19 | | The out-of-state student or out-of-state employee shall | 20 | | provide accurate
information as required by the Department of | 21 | | State Police. That information
shall include the out-of-state | 22 | | student's current place of school attendance or
the | 23 | | out-of-state employee's current place of employment.
| 24 | | (a-10) Any law enforcement agency registering sex | 25 | | offenders or sexual predators in accordance with subsections | 26 | | (a) or (a-5) of this Section shall forward to the Attorney |
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| 1 | | General a copy of sex offender registration forms from persons | 2 | | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | 3 | | 11-21 of the Criminal Code of 1961 or the Criminal Code of | 4 | | 2012, including periodic and annual registrations under | 5 | | Section 6 of this Act. | 6 | | (b) Any sex offender, as defined in Section 2 of this Act, | 7 | | or sexual
predator, regardless of any initial,
prior, or other | 8 | | registration, shall, within 3 days of beginning school,
or | 9 | | establishing a
residence, place of employment, or temporary | 10 | | domicile in
any county, register in person as set forth in | 11 | | subsection (a)
or (a-5).
| 12 | | (c) The registration for any person required to register | 13 | | under this
Article shall be as follows:
| 14 | | (1) Any person registered under the Habitual Child Sex | 15 | | Offender
Registration Act or the Child Sex Offender | 16 | | Registration Act prior to January
1, 1996, shall be deemed | 17 | | initially registered as of January 1, 1996; however,
this | 18 | | shall not be construed to extend the duration of | 19 | | registration set forth
in Section 7.
| 20 | | (2) Except as provided in subsection (c)(2.1) or | 21 | | (c)(4), any person convicted or
adjudicated prior to | 22 | | January 1, 1996, whose liability for registration under
| 23 | | Section 7 has not expired, shall register in person prior | 24 | | to January 31,
1996.
| 25 | | (2.1) A sex offender or sexual predator, who has never | 26 | | previously been required to register under this Act, has a |
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| 1 | | duty to register if the person has been convicted of any | 2 | | felony offense after July 1, 2011. A person who previously | 3 | | was required to register under this Act for a period of 10 | 4 | | years and successfully completed that registration period | 5 | | has a duty to register if: (i) the person has been | 6 | | convicted of any felony offense after July 1, 2011, and | 7 | | (ii) the offense for which the 10 year registration was | 8 | | served currently requires a registration period of more | 9 | | than 10 years. Notification of an offender's duty to | 10 | | register under this subsection shall be pursuant to Section | 11 | | 5-7 of this Act. | 12 | | (2.5) Except as provided in subsection (c)(4), any | 13 | | person who has not
been notified of his or her | 14 | | responsibility to register shall be notified by a
criminal | 15 | | justice entity of his or her responsibility to register. | 16 | | Upon
notification the person must then register within 3 | 17 | | days of notification of
his or her requirement to register. | 18 | | Except as provided in subsection (c)(2.1), if notification | 19 | | is not made within the
offender's 10 year registration | 20 | | requirement, and the Department of State
Police determines | 21 | | no evidence exists or indicates the offender attempted to
| 22 | | avoid registration, the offender will no longer be required | 23 | | to register under
this Act.
| 24 | | (3) Except as provided in subsection (c)(4), any person | 25 | | convicted on
or after January 1, 1996, shall register in | 26 | | person within 3 days after the
entry of the sentencing |
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| 1 | | order based upon his or her conviction.
| 2 | | (4) Any person unable to comply with the registration | 3 | | requirements of
this Article because he or she is confined, | 4 | | institutionalized,
or imprisoned in Illinois on or after | 5 | | January 1, 1996, shall register in person
within 3 days of | 6 | | discharge, parole or release.
| 7 | | (5) The person shall provide positive identification | 8 | | and documentation
that substantiates proof of residence at | 9 | | the registering address.
| 10 | | (6) The person shall pay a $100
initial registration | 11 | | fee and
a $100
annual
renewal fee to the registering law | 12 | | enforcement agency having jurisdiction.
The registering | 13 | | agency may waive the registration fee
if it determines that | 14 | | the person is indigent and unable to pay the registration
| 15 | | fee. Thirty-five
dollars for the initial registration fee | 16 | | and $35 of the annual renewal fee
shall be retained and | 17 | | used by the registering agency for official purposes. | 18 | | Having retained $35 of the initial registration fee and $35 | 19 | | of the annual renewal fee, the registering agency shall | 20 | | remit the remainder of the fee to State agencies within 30 | 21 | | days of receipt for deposit into the State funds as | 22 | | follows: | 23 | | (A) Five dollars of
the initial registration fee | 24 | | and $5 of the annual fee shall be remitted to the State | 25 | | Treasurer who shall deposit the moneys into
the Sex | 26 | | Offender Management Board Fund under Section 19 of the |
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| 1 | | Sex Offender
Management Board Act. Money deposited | 2 | | into the Sex Offender Management Board
Fund shall be | 3 | | administered by the Sex Offender Management Board and | 4 | | shall be
used by the Board to comply with the | 5 | | provisions of the Sex Offender Management Board Act. | 6 | | (B)
Thirty dollars of the initial registration fee | 7 | | and $30 of the annual renewal fee shall be remitted to | 8 | | the Department of State Police which shall deposit the | 9 | | moneys into the Sex Offender Registration Fund and | 10 | | shall be used by the Department of State Police to | 11 | | maintain and update the Illinois State Police Sex | 12 | | Offender Registry. | 13 | | (C) Thirty dollars of the initial registration fee | 14 | | and $30 of the annual renewal fee shall be remitted to | 15 | | the Attorney General who shall deposit the moneys into | 16 | | the Attorney General Sex Offender Awareness, Training, | 17 | | and Education Fund. Moneys deposited into the Fund | 18 | | shall be used by the Attorney General to administer the | 19 | | I-SORT program and to alert and educate the public, | 20 | | victims, and witnesses of their rights under various | 21 | | victim notification laws and for training law | 22 | | enforcement agencies, State's Attorneys, and medical | 23 | | providers of their legal duties concerning the | 24 | | prosecution and investigation of sex offenses. | 25 | | The registering agency shall establish procedures to | 26 | | document the receipt and remittance of the $100 initial |
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| 1 | | registration fee and $100 annual renewal fee. | 2 | | (d) Within 3 days after obtaining or changing employment | 3 | | and, if employed
on January 1, 2000, within 5 days after that | 4 | | date, a person required to
register under this Section must | 5 | | report, in person to the law
enforcement agency having | 6 | | jurisdiction, the business name and address where he
or she is | 7 | | employed. If the person has multiple businesses or work | 8 | | locations,
every business and work location must be reported to | 9 | | the law enforcement agency
having jurisdiction.
| 10 | | (Source: P.A. 98-558, eff. 1-1-14; 98-612, eff. 12-27-13; | 11 | | 99-755, eff. 8-5-16.)
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