Full Text of SB1234 94th General Assembly
SB1234enr 94TH GENERAL ASSEMBLY
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LRB094 09724 RLC 39980 b |
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| AN ACT concerning sex offenders.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Sex Offender Registration Act is amended by | 5 |
| changing Sections 2, 3, 4, 5, 5-5, 6, 6-5, 7, and 10 as | 6 |
| follows:
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| (730 ILCS 150/2) (from Ch. 38, par. 222)
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| Sec. 2. Definitions.
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| (A) As used in this Article, "sex offender" means any | 10 |
| person who is:
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| (1) charged pursuant to Illinois law, or any | 12 |
| substantially similar
federal, Uniform Code of Military | 13 |
| Justice, sister state, or foreign country
law,
with a sex | 14 |
| offense set forth
in subsection (B) of this Section or the | 15 |
| attempt to commit an included sex
offense, and:
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| (a) is convicted of such offense or an attempt to | 17 |
| commit such offense;
or
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| (b) is found not guilty by reason of insanity of | 19 |
| such offense or an
attempt to commit such offense; or
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| (c) is found not guilty by reason of insanity | 21 |
| pursuant to Section
104-25(c) of the Code of Criminal | 22 |
| Procedure of 1963 of such offense or an
attempt to | 23 |
| commit such offense; or
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| (d) is the subject of a finding not resulting in an | 25 |
| acquittal at a
hearing conducted pursuant to Section | 26 |
| 104-25(a) of the Code of Criminal
Procedure of 1963 for | 27 |
| the alleged commission or attempted commission of such
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| offense; or
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| (e) is found not guilty by reason of insanity | 30 |
| following a hearing
conducted pursuant to a federal, | 31 |
| Uniform Code of Military Justice, sister
state, or | 32 |
| foreign country law
substantially similar to Section |
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| 104-25(c) of the Code of Criminal Procedure
of 1963 of | 2 |
| such offense or of the attempted commission of such | 3 |
| offense; or
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| (f) is the subject of a finding not resulting in an | 5 |
| acquittal at a
hearing conducted pursuant to a federal, | 6 |
| Uniform Code of Military Justice,
sister state, or | 7 |
| foreign country law
substantially similar to Section | 8 |
| 104-25(a) of the Code of Criminal Procedure
of 1963 for | 9 |
| the alleged violation or attempted commission of such | 10 |
| offense;
or
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| (2) certified as a sexually dangerous person pursuant | 12 |
| to the Illinois
Sexually Dangerous Persons Act, or any | 13 |
| substantially similar federal, Uniform
Code of Military | 14 |
| Justice, sister
state, or foreign country law; or
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| (3) subject to the provisions of Section 2 of the | 16 |
| Interstate
Agreements on Sexually Dangerous Persons Act; | 17 |
| or
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| (4) found to be a sexually violent person pursuant to | 19 |
| the Sexually
Violent Persons Commitment Act or any | 20 |
| substantially similar federal, Uniform
Code of Military | 21 |
| Justice, sister
state, or foreign country law; or
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| (5) adjudicated a juvenile delinquent as the result of | 23 |
| committing or
attempting to commit an act which, if | 24 |
| committed by an adult, would constitute
any of the offenses | 25 |
| specified in item (B), (C), or (C-5) of this Section or a
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| violation of any substantially similar federal, Uniform | 27 |
| Code of Military
Justice, sister state, or foreign
country | 28 |
| law, or found guilty under Article V of the Juvenile Court | 29 |
| Act of 1987
of committing or attempting to commit an act | 30 |
| which, if committed by an adult,
would constitute any of | 31 |
| the offenses specified in item (B), (C), or (C-5) of
this | 32 |
| Section or a violation of any substantially similar | 33 |
| federal, Uniform Code
of Military Justice, sister state,
or | 34 |
| foreign country law.
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| Convictions that result from or are connected with the same | 36 |
| act, or result
from offenses committed at the same time, shall |
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| be counted for the purpose of
this Article as one conviction. | 2 |
| Any conviction set aside pursuant to law is
not a conviction | 3 |
| for purposes of this Article.
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|
For purposes of this Section, "convicted" shall have the | 5 |
| same meaning as
"adjudicated".
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| (B) As used in this Article, "sex offense" means:
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| (1) A violation of any of the following Sections of the | 8 |
| Criminal Code of
1961:
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| 11-20.1 (child pornography),
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| 11-6 (indecent solicitation of a child),
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| 11-9.1 (sexual exploitation of a child),
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| 11-9.2 (custodial sexual misconduct),
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| 11-15.1 (soliciting for a juvenile prostitute),
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| 11-18.1 (patronizing a juvenile prostitute),
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| 11-17.1 (keeping a place of juvenile | 16 |
| prostitution),
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| 11-19.1 (juvenile pimping),
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| 11-19.2 (exploitation of a child),
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| 12-13 (criminal sexual assault),
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| 12-14 (aggravated criminal sexual assault),
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| 12-14.1 (predatory criminal sexual assault of a | 22 |
| child),
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| 12-15 (criminal sexual abuse),
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| 12-16 (aggravated criminal sexual abuse),
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| 12-33 (ritualized abuse of a child).
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| An attempt to commit any of these offenses.
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| (1.5) A violation of any of the following Sections of | 28 |
| the
Criminal Code of 1961, when the victim is a person | 29 |
| under 18 years of age, the
defendant is not a parent of the | 30 |
| victim, and the offense was committed on or
after January | 31 |
| 1, 1996:
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| 10-1 (kidnapping),
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| 10-2 (aggravated kidnapping),
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| 10-3 (unlawful restraint),
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| 10-3.1 (aggravated unlawful restraint).
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| An attempt to commit any of these offenses.
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| (1.6) First degree murder under Section 9-1 of the | 2 |
| Criminal Code of 1961,
when the victim was a person under | 3 |
| 18 years of age and the defendant was at least
17 years of | 4 |
| age at the time of the commission of the offense.
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| (1.7) (Blank).
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| (1.8) A violation or attempted violation of Section | 7 |
| 11-11 (sexual
relations within families) of the Criminal | 8 |
| Code of 1961, and the offense was committed on or after
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| June 1, 1997.
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| (1.9) Child abduction under paragraph (10) of | 11 |
| subsection
(b) of Section 10-5 of the Criminal Code of 1961 | 12 |
| committed by luring or
attempting to lure a child under the | 13 |
| age of 16 into a motor vehicle, building,
house trailer, or | 14 |
| dwelling place without the consent of the parent or lawful
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| custodian of the child for other than a lawful purpose and | 16 |
| the offense was
committed on or after January 1, 1998.
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| (1.10) A violation or attempted violation of any of the | 18 |
| following Sections
of the Criminal Code of 1961 when the | 19 |
| offense was committed on or after July
1, 1999:
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| 10-4 (forcible detention, if the victim is under 18 | 21 |
| years of age),
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| 11-6.5 (indecent solicitation of an adult),
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| 11-15 (soliciting for a prostitute, if the victim | 24 |
| is under 18 years
of age),
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| 11-16 (pandering, if the victim is under 18 years | 26 |
| of age),
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| 11-18 (patronizing a prostitute, if the victim is | 28 |
| under 18 years
of age),
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| 11-19 (pimping, if the victim is under 18 years of | 30 |
| age).
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| (1.11) A violation or attempted violation of any of the | 32 |
| following
Sections of the Criminal Code of 1961 when the | 33 |
| offense was committed on or
after August 22, 2002
the | 34 |
| effective date of this amendatory Act of the 92nd General | 35 |
| Assembly :
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| 11-9 (public indecency for a third or subsequent |
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| conviction) . ,
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| 11-9.2 (custodial sexual misconduct).
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| (1.12) A violation or attempted violation of Section
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| 5.1 of the Wrongs to Children Act (permitting sexual abuse) | 5 |
| when the
offense was committed on or after August 22, 2002
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| the effective date of this amendatory Act of
the 92nd | 7 |
| General Assembly .
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| (2) A violation of any former law of this State | 9 |
| substantially equivalent
to any offense listed in | 10 |
| subsection (B) of this Section.
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| (C) A conviction for an offense of federal law, Uniform | 12 |
| Code of Military
Justice, or the law of another state
or a | 13 |
| foreign country that is substantially equivalent to any offense | 14 |
| listed
in subsections (B), (C), and (E) of this Section shall
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| constitute a
conviction for the purpose
of this Article. A | 16 |
| finding or adjudication as a sexually dangerous person
or a | 17 |
| sexually violent person under any federal law, Uniform Code of | 18 |
| Military
Justice, or the law of another state or
foreign | 19 |
| country that is substantially equivalent to the Sexually | 20 |
| Dangerous
Persons Act or the Sexually Violent Persons | 21 |
| Commitment Act shall constitute an
adjudication for the | 22 |
| purposes of this Article.
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| (C-5) A person at least 17 years of age at the time of the | 24 |
| commission of
the offense who is convicted of first degree | 25 |
| murder under Section 9-1 of the
Criminal Code of 1961, against | 26 |
| a person
under 18 years of age, shall be required to register
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| for natural life.
A conviction for an offense of federal, | 28 |
| Uniform Code of Military Justice,
sister state, or foreign | 29 |
| country law that is substantially equivalent to any
offense | 30 |
| listed in subsection (C-5) of this Section shall constitute a
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| conviction for the purpose of this Article. This subsection | 32 |
| (C-5) applies to a person who committed the offense before June | 33 |
| 1, 1996 only if the person is incarcerated in an Illinois | 34 |
| Department of Corrections facility on August 20, 2004 ( the | 35 |
| effective date of Public Act 93-977)
this amendatory Act of the | 36 |
| 93rd General Assembly .
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| (D) As used in this Article, "law enforcement agency having | 2 |
| jurisdiction"
means the Chief of Police in each of the | 3 |
| municipalities in which the sex offender
expects to reside, | 4 |
| work, or attend school (1) upon his or her discharge,
parole or | 5 |
| release or
(2) during the service of his or her sentence of | 6 |
| probation or conditional
discharge, or the Sheriff of the | 7 |
| county, in the event no Police Chief exists
or if the offender | 8 |
| intends to reside, work, or attend school in an
unincorporated | 9 |
| area.
"Law enforcement agency having jurisdiction" includes | 10 |
| the location where
out-of-state students attend school and | 11 |
| where out-of-state employees are
employed or are otherwise | 12 |
| required to register.
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| (D-1) As used in this Article, "supervising officer" means | 14 |
| the assigned Illinois Department of Corrections parole agent or | 15 |
| county probation officer. | 16 |
| (E) As used in this Article, "sexual predator" means any | 17 |
| person who,
after July 1, 1999, is:
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| (1) Convicted for an offense of federal, Uniform Code | 19 |
| of Military
Justice, sister state, or foreign country law | 20 |
| that is substantially equivalent
to any offense listed in | 21 |
| subsection (E) of this Section shall constitute a
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| conviction for the purpose of this Article.
Convicted of a | 23 |
| violation or attempted violation of any of the following
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| Sections of the
Criminal Code of 1961, if the conviction | 25 |
| occurred after July
1, 1999:
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| 11-17.1 (keeping a place of juvenile | 27 |
| prostitution),
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| 11-19.1 (juvenile pimping),
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| 11-19.2 (exploitation of a child),
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| 11-20.1 (child pornography),
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| 12-13 (criminal sexual assault , if the victim is a | 32 |
| person under 12
years of age) ,
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| 12-14 (aggravated criminal sexual assault),
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| 12-14.1 (predatory criminal sexual assault of a | 35 |
| child),
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| 12-16 (aggravated criminal sexual abuse),
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| 12-33 (ritualized abuse of a child); or
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| (2) convicted of first degree murder under Section 9-1 | 3 |
| of the Criminal
Code of 1961, when the victim was a person | 4 |
| under 18 years of age and the
defendant was at least 17 | 5 |
| years of age at the time of the commission of the
offense; | 6 |
| or
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| (3) certified as a sexually dangerous person pursuant | 8 |
| to the Sexually
Dangerous Persons Act or any substantially | 9 |
| similar federal, Uniform Code of
Military Justice, sister | 10 |
| state, or
foreign country law; or
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| (4) found to be a sexually violent person pursuant to | 12 |
| the Sexually Violent
Persons Commitment Act or any | 13 |
| substantially similar federal, Uniform Code of
Military | 14 |
| Justice, sister state, or
foreign country law; or
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| (5) convicted of a second or subsequent offense which | 16 |
| requires
registration pursuant to this Act. The conviction | 17 |
| for the second or subsequent
offense must have occurred | 18 |
| after July 1, 1999. For purposes of this paragraph
(5), | 19 |
| "convicted" shall include a conviction under any
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| substantially similar
Illinois, federal, Uniform Code of | 21 |
| Military Justice, sister state, or
foreign country law.
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| (F) As used in this Article, "out-of-state student" means | 23 |
| any sex
offender, as defined in this Section,
or sexual | 24 |
| predator who is enrolled in Illinois, on a full-time or | 25 |
| part-time
basis, in any public or private educational | 26 |
| institution, including, but not
limited to, any secondary | 27 |
| school, trade or professional institution, or
institution of | 28 |
| higher learning.
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| (G) As used in this Article, "out-of-state employee" means | 30 |
| any sex
offender, as defined in this Section,
or sexual | 31 |
| predator who works in Illinois, regardless of whether the | 32 |
| individual
receives payment for services performed, for a | 33 |
| period of time of 10 or more days
or for an aggregate period of | 34 |
| time of 30 or more days
during any calendar year.
Persons who | 35 |
| operate motor vehicles in the State accrue one day of | 36 |
| employment
time for any portion of a day spent in Illinois.
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| (H) As used in this Article, "school" means any public or | 2 |
| private educational institution, including, but not limited | 3 |
| to, any elementary or secondary school, trade or professional | 4 |
| institution, or institution of higher education. | 5 |
| (I) As used in this Article, "fixed residence" means any | 6 |
| and all places that a sex offender resides for an aggregate | 7 |
| period of time of 5 or more days in a calendar year.
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| (Source: P.A. 92-828, eff. 8-22-02; 93-977, eff. 8-20-04; | 9 |
| 93-979, eff. 8-20-04; revised 10-14-04.)
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| (730 ILCS 150/3) (from Ch. 38, par. 223) | 11 |
| Sec. 3. Duty to register.
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| (a) A sex offender, as defined in Section 2 of this Act, or | 13 |
| sexual
predator shall, within the time period
prescribed in | 14 |
| subsections (b) and (c), register in person
and provide | 15 |
| accurate information as required by the Department of State
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| Police. Such information shall include a current photograph,
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| current address,
current place of employment, and school | 18 |
| attended. The sex offender or
sexual predator shall register:
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| (1) with the chief of police in the municipality in | 20 |
| which he or she
resides or is temporarily domiciled for a | 21 |
| period of time of 5
10 or more
days, unless the
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| municipality is the City of Chicago, in which case he or | 23 |
| she shall register
at the Chicago Police Department | 24 |
| Headquarters; or
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| (2) with the sheriff in the county in which
he or she | 26 |
| resides or is
temporarily domiciled
for a period of time of | 27 |
| 5
10 or more days in an unincorporated
area or, if | 28 |
| incorporated, no police chief exists.
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| If the sex offender or sexual predator is employed at or | 30 |
| attends an institution of higher education, he or she shall | 31 |
| register:
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| (i) with the chief of police in the municipality in | 33 |
| which he or she is employed at or attends an institution of | 34 |
| higher education, unless the municipality is the City of | 35 |
| Chicago, in which case he or she shall register at the |
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| Chicago Police Department Headquarters; or | 2 |
| (ii) with the sheriff in the county in which he or she | 3 |
| is employed or attends an institution of higher education | 4 |
| located in an unincorporated area, or if incorporated, no | 5 |
| police chief exists.
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| For purposes of this Article, the place of residence or | 7 |
| temporary
domicile is defined as any and all places where the | 8 |
| sex offender resides
for an aggregate period of time of 5
10 or | 9 |
| more days during any calendar year.
Any person required to | 10 |
| register under this Article who lacks a fixed address or | 11 |
| temporary domicile must notify, in person, the agency of | 12 |
| jurisdiction of his or her last known address within 5 days | 13 |
| after ceasing to have a fixed residence. | 14 |
| Any person who lacks a fixed residence must report weekly, | 15 |
| in person, with the sheriff's office of the county in which he | 16 |
| or she is located in an unincorporated area, or with the chief | 17 |
| of police in the municipality in which he or she is located. | 18 |
| The agency of jurisdiction will document each weekly | 19 |
| registration to include all the locations where the person has | 20 |
| stayed during the past 7 days.
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| The sex offender or sexual predator shall provide accurate | 22 |
| information
as required by the Department of State Police. That | 23 |
| information shall include
the sex offender's or sexual | 24 |
| predator's current place of employment.
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| (a-5) An out-of-state student or out-of-state employee | 26 |
| shall,
within 5
10 days after beginning school or employment in | 27 |
| this State,
register in person and provide accurate information | 28 |
| as required by the
Department of State Police. Such information | 29 |
| will include current place of
employment, school attended, and | 30 |
| address in state of residence. The out-of-state student or | 31 |
| out-of-state employee shall register:
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| (1) with the chief of police in the municipality in | 33 |
| which he or she attends school or is employed for a period | 34 |
| of time of 5
10
or more days or for an
aggregate period of | 35 |
| time of more than 30 days during any
calendar year, unless | 36 |
| the
municipality is the City of Chicago, in which case he |
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| or she shall register at
the Chicago Police Department | 2 |
| Headquarters; or
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| (2) with the sheriff in the county in which
he or she | 4 |
| attends school or is
employed for a period of time of 5
10
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| or more days or
for an aggregate period of
time of more | 6 |
| than 30 days during any calendar year in an
unincorporated | 7 |
| area
or, if incorporated, no police chief exists.
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| The out-of-state student or out-of-state employee shall | 9 |
| provide accurate
information as required by the Department of | 10 |
| State Police. That information
shall include the out-of-state | 11 |
| student's current place of school attendance or
the | 12 |
| out-of-state employee's current place of employment.
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| (b) Any sex offender, as defined in Section 2 of this Act, | 14 |
| or sexual
predator, regardless of any initial,
prior, or other | 15 |
| registration, shall, within 5
10 days of beginning school,
or | 16 |
| establishing a
residence, place of employment, or temporary | 17 |
| domicile in
any county, register in person as set forth in | 18 |
| subsection (a)
or (a-5).
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| (c) The registration for any person required to register | 20 |
| under this
Article shall be as follows:
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| (1) Any person registered under the Habitual Child Sex | 22 |
| Offender
Registration Act or the Child Sex Offender | 23 |
| Registration Act prior to January
1, 1996, shall be deemed | 24 |
| initially registered as of January 1, 1996; however,
this | 25 |
| shall not be construed to extend the duration of | 26 |
| registration set forth
in Section 7.
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| (2) Except as provided in subsection (c)(4), any person | 28 |
| convicted or
adjudicated prior to January 1, 1996, whose | 29 |
| liability for registration under
Section 7 has not expired, | 30 |
| shall register in person prior to January 31,
1996.
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| (2.5) Except as provided in subsection (c)(4), any | 32 |
| person who has not
been notified of his or her | 33 |
| responsibility to register shall be notified by a
criminal | 34 |
| justice entity of his or her responsibility to register. | 35 |
| Upon
notification the person must then register within 5
10
| 36 |
| days of notification of
his or her requirement to register. |
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| If notification is not made within the
offender's 10 year | 2 |
| registration requirement, and the Department of State
| 3 |
| Police determines no evidence exists or indicates the | 4 |
| offender attempted to
avoid registration, the offender | 5 |
| will no longer be required to register under
this Act.
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| (3) Except as provided in subsection (c)(4), any person | 7 |
| convicted on
or after January 1, 1996, shall register in | 8 |
| person within 5
10 days after the
entry of the sentencing | 9 |
| order based upon his or her conviction.
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| (4) Any person unable to comply with the registration | 11 |
| requirements of
this Article because he or she is confined, | 12 |
| institutionalized,
or imprisoned in Illinois on or after | 13 |
| January 1, 1996, shall register in person
within 5
10 days | 14 |
| of discharge, parole or release.
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| (5) The person shall provide positive identification | 16 |
| and documentation
that substantiates proof of residence at | 17 |
| the registering address.
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| (6) The person shall pay a $20
initial registration fee | 19 |
| and
a $10
annual
renewal fee. The fees shall be used by the | 20 |
| registering agency for official
purposes. The agency shall | 21 |
| establish procedures to document receipt and use
of the | 22 |
| funds.
The law enforcement agency having jurisdiction may | 23 |
| waive the registration fee
if it determines that the person | 24 |
| is indigent and unable to pay the registration
fee.
Ten | 25 |
| dollars for the initial registration fee and $5 of the | 26 |
| annual renewal fee
shall be used by the registering agency | 27 |
| for official purposes. Ten dollars of
the initial | 28 |
| registration fee and $5 of the annual fee shall be | 29 |
| deposited into
the Sex Offender Management Board Fund under | 30 |
| Section 19 of the Sex Offender
Management Board Act. Money | 31 |
| deposited into the Sex Offender Management Board
Fund shall | 32 |
| be administered by the Sex Offender Management Board and | 33 |
| shall be
used to
fund practices endorsed or required by the | 34 |
| Sex Offender Management Board Act
including but not limited | 35 |
| to sex offenders evaluation, treatment, or
monitoring | 36 |
| programs that are or may be developed, as well as for
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| administrative costs, including staff, incurred by the | 2 |
| Board.
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| (d) Within 5
10 days after obtaining or changing employment | 4 |
| and, if employed
on January 1, 2000, within 5
10 days after | 5 |
| that date, a person required to
register under this Section | 6 |
| must report, in person or in writing to the law
enforcement | 7 |
| agency having jurisdiction, the business name and address where | 8 |
| he
or she is employed. If the person has multiple businesses or | 9 |
| work locations,
every business and work location must be | 10 |
| reported to the law enforcement agency
having jurisdiction.
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| (Source: P.A. 92-828, eff. 8-22-02; 93-616, eff. 1-1-04; | 12 |
| 93-979, eff. 8-20-04.)
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| (730 ILCS 150/4) (from Ch. 38, par. 224)
| 14 |
| Sec. 4. Discharge of sex offender, as defined in Section 2 | 15 |
| of this Act,
or sexual predator from Department of
Corrections
| 16 |
| facility or other penal institution; duties of
official in | 17 |
| charge. Any sex offender, as defined in Section 2 of this Act,
| 18 |
| or sexual predator, as defined by this
Article, who
is | 19 |
| discharged, paroled or released from a Department of
| 20 |
| Corrections facility, a facility where such person was placed | 21 |
| by the
Department of Corrections or another penal institution, | 22 |
| and
whose liability for
registration has not terminated under | 23 |
| Section 7 shall, prior to discharge,
parole or release from the | 24 |
| facility or institution, be informed of his or her
duty to | 25 |
| register in person within 5
10 days of release
under this | 26 |
| Article by the
facility or institution in which he or she was | 27 |
| confined.
The facility or institution shall also inform any | 28 |
| person who must register
that if he or she establishes a | 29 |
| residence outside of the State of Illinois,
is employed outside | 30 |
| of the State of Illinois, or attends school outside of
the
| 31 |
| State of Illinois,
he
or she must register in the new state | 32 |
| within 5
10 days after establishing
the
residence, beginning | 33 |
| employment, or beginning school.
| 34 |
| The facility shall require the person to read and sign such | 35 |
| form as may
be required by the Department of State Police |
|
|
|
SB1234 Enrolled |
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LRB094 09724 RLC 39980 b |
|
| 1 |
| stating that the duty to
register and the procedure for | 2 |
| registration has been explained to him or her
and that he or | 3 |
| she understands the duty to register and the procedure for
| 4 |
| registration. The facility shall further advise the person in | 5 |
| writing that the
failure to register or other violation of this | 6 |
| Article shall result in
revocation of parole, mandatory | 7 |
| supervised release or conditional release.
The facility shall | 8 |
| obtain information about where the
person expects to reside, | 9 |
| work, and attend school upon
his or her discharge, parole or | 10 |
| release and shall report the information to the
Department of | 11 |
| State Police. The facility shall give one copy of the form
to | 12 |
| the person and shall send one copy to each of the law | 13 |
| enforcement agencies
having
jurisdiction where the person | 14 |
| expects to reside, work, and attend school
upon his or her | 15 |
| discharge,
parole or release and retain one copy for the files.
| 16 |
| Electronic data files which includes all notification form | 17 |
| information and
photographs of sex offenders being released | 18 |
| from an Illinois Department of
Corrections facility will be | 19 |
| shared on a regular basis as determined between
the Department | 20 |
| of State Police and the Department of Corrections.
| 21 |
| (Source: P.A. 91-48, eff. 7-1-99; 92-828, eff. 8-22-02.)
| 22 |
| (730 ILCS 150/5) (from Ch. 38, par. 225)
| 23 |
| Sec. 5. Release of sex offender, as defined in Section 2 of | 24 |
| this Act, or
sexual predator; duties of the Court.
Any sex
| 25 |
| offender, as defined in Section 2 of this Act, or sexual | 26 |
| predator, as
defined by this Article, who is released on
| 27 |
| probation or
discharged upon payment of a fine because of the | 28 |
| commission of one of the
offenses defined in subsection (B) of | 29 |
| Section 2 of this Article, shall, prior
to such release be | 30 |
| informed of his or her duty to register under this Article
by | 31 |
| the Court in which he or she was convicted. The Court shall | 32 |
| also inform
any person who must register that if he or she | 33 |
| establishes a residence
outside of the State of Illinois,
is | 34 |
| employed outside of the State of Illinois, or attends school | 35 |
| outside of
the
State of Illinois,
he or she must register in |
|
|
|
SB1234 Enrolled |
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LRB094 09724 RLC 39980 b |
|
| 1 |
| the new state
within 5
10 days after establishing the | 2 |
| residence, beginning employment, or
beginning school. The | 3 |
| Court shall require
the person to read and sign such form as | 4 |
| may be required by the Department of
State Police stating that | 5 |
| the duty to register and the procedure for
registration has | 6 |
| been explained to him or her and that he or she understands
the | 7 |
| duty to register and the procedure for registration. The Court | 8 |
| shall
further advise the person in writing that the failure to | 9 |
| register or other
violation of this Article shall result in
| 10 |
| probation revocation.
The Court shall obtain information about
| 11 |
| where the person expects to reside, work, and attend school | 12 |
| upon his or
her release, and shall report the
information to | 13 |
| the Department of State Police. The Court shall
give one copy | 14 |
| of
the form to the person and retain the original in the court | 15 |
| records. The
Department of State
Police shall notify the law | 16 |
| enforcement
agencies having
jurisdiction where the person | 17 |
| expects to reside, work and attend school
upon his or her | 18 |
| release.
| 19 |
| (Source: P.A. 91-48, eff. 7-1-99; 92-828, eff. 8-22-02.)
| 20 |
| (730 ILCS 150/5-5)
| 21 |
| Sec. 5-5. Discharge of sex offender
or sexual predator from | 22 |
| a hospital
or other treatment
facility; duties of the official | 23 |
| in charge.
Any sex offender, as defined in Section 2 of this | 24 |
| Act, or sexual
predator, as defined in this Article, who is
| 25 |
| discharged or released
from a hospital or other treatment | 26 |
| facility where he or she was confined shall
be informed by the | 27 |
| hospital
or treatment facility in which
he or she was confined, | 28 |
| prior to discharge or
release from the hospital or treatment | 29 |
| facility, of his or her duty
to register under this Article.
| 30 |
| The facility shall require the person to read and sign such | 31 |
| form as may be
required by the Department of State Police | 32 |
| stating that the duty to register
and
the procedure for | 33 |
| registration has been explained to him or her and that he or
| 34 |
| she understands the duty to register and the procedure for | 35 |
| registration. The
facility shall give one copy of the form to |
|
|
|
SB1234 Enrolled |
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LRB094 09724 RLC 39980 b |
|
| 1 |
| the person, retain one copy for
their records, and forward the | 2 |
| original to the Department of State Police. The
facility shall | 3 |
| obtain information about where the person
expects to reside, | 4 |
| work, and attend school upon his
or her discharge, parole, or | 5 |
| release and shall report the information to the
Department of | 6 |
| State Police within 3 days.
The facility or institution shall | 7 |
| also inform any person who must register
that if he or she | 8 |
| establishes a residence outside of the State of Illinois, is
| 9 |
| employed outside of the State of Illinois, or attends school | 10 |
| outside of the
State of Illinois, he or she must register in | 11 |
| the new state within 5
10 days
after establishing the | 12 |
| residence, beginning school, or beginning employment.
The | 13 |
| Department of State Police shall notify the
law enforcement | 14 |
| agencies
having jurisdiction where the person expects to | 15 |
| reside, work, and attend
school upon his or her
release.
| 16 |
| (Source: P.A. 91-48, eff. 7-1-99; 92-828, eff. 8-22-02.)
| 17 |
| (730 ILCS 150/6) (from Ch. 38, par. 226)
| 18 |
| Sec. 6. Duty to report; change of address, school, or | 19 |
| employment; duty
to inform.
A person who has been adjudicated | 20 |
| to be sexually dangerous or is a sexually
violent person and is | 21 |
| later released, or found to be no longer sexually
dangerous or | 22 |
| no longer a sexually violent person and discharged, or | 23 |
| convicted of a violation of this Act after July 1, 2005, shall | 24 |
| report in
person to the law enforcement agency with whom he or | 25 |
| she last registered no
later than 90 days after the date of his | 26 |
| or her last registration and every 90
days thereafter. Any | 27 |
| person who lacks a fixed residence must report weekly, in | 28 |
| person, to the appropriate law enforcement agency where the sex | 29 |
| offender is located. Any other person who is required to | 30 |
| register under this
Article shall report in person to the | 31 |
| appropriate law enforcement agency with
whom he or she last | 32 |
| registered within one year from the date of last
registration | 33 |
| and every year thereafter. If any person required to register | 34 |
| under this Article lacks a fixed residence or temporary | 35 |
| domicile, he or she must notify, in person, the agency of |
|
|
|
SB1234 Enrolled |
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LRB094 09724 RLC 39980 b |
|
| 1 |
| jurisdiction of his or her last known address within 5 days | 2 |
| after ceasing to have a fixed residence and if the offender | 3 |
| leaves the last jurisdiction of residence, he or she, must | 4 |
| within 48 hours after leaving register in person with the new | 5 |
| agency of jurisdiction. If any other person required to | 6 |
| register
under this Article changes his or her residence | 7 |
| address, place of
employment,
or school, he or she shall, in | 8 |
| writing, within 5
10
days inform the law
enforcement agency
| 9 |
| with whom he or she last registered of his or her new address, | 10 |
| change in
employment, or school and register with the | 11 |
| appropriate law enforcement
agency within the
time period | 12 |
| specified in Section 3. The law enforcement agency shall, | 13 |
| within 3
days of receipt, notify the Department of State Police | 14 |
| and the law enforcement
agency having jurisdiction of the new | 15 |
| place of residence, change in
employment, or school.
| 16 |
| If any person required to register under this Article | 17 |
| intends to establish a
residence or employment outside of the | 18 |
| State of Illinois, at least 10 days
before establishing that | 19 |
| residence or employment, he or she shall, in writing,
inform | 20 |
| the law enforcement agency with which he or she last registered | 21 |
| of his
or her out-of-state intended residence or employment. | 22 |
| The law enforcement agency with
which such person last | 23 |
| registered shall, within 3 days notice of an address or
| 24 |
| employment change, notify the Department of State Police. The | 25 |
| Department of
State Police shall forward such information to | 26 |
| the out-of-state law enforcement
agency having jurisdiction in | 27 |
| the form and manner prescribed by the
Department of State | 28 |
| Police.
| 29 |
| (Source: P.A. 92-16, eff. 6-28-01; 92-828, eff. 8-22-02; | 30 |
| 93-977, eff. 8-20-04.)
| 31 |
| (730 ILCS 150/6-5)
| 32 |
| Sec. 6-5. Out-of-State employee or student; duty to report | 33 |
| change. Every out-of-state student or out-of-state employee | 34 |
| must notify the agency
having jurisdiction of any change of | 35 |
| employment or change of educational
status,
in writing, within |
|
|
|
SB1234 Enrolled |
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LRB094 09724 RLC 39980 b |
|
| 1 |
| 5
10 days of the change. The law enforcement agency shall,
| 2 |
| within 3 days after receiving the notice, enter the appropriate | 3 |
| changes into
LEADS.
| 4 |
| (Source: P.A. 91-48, eff. 7-1-99.)
| 5 |
| (730 ILCS 150/7) (from Ch. 38, par. 227)
| 6 |
| Sec. 7. Duration of registration. A person who has been | 7 |
| adjudicated to
be
sexually dangerous and is later released or | 8 |
| found to be no longer sexually
dangerous and discharged, shall | 9 |
| register for the period of his or her natural
life.
A sexually | 10 |
| violent person or sexual predator shall register for the period | 11 |
| of
his or her natural life
after conviction or adjudication if | 12 |
| not confined to a penal institution,
hospital, or other | 13 |
| institution or facility, and if confined, for
the period of his | 14 |
| or her natural life after parole, discharge, or release from
| 15 |
| any such facility.
Any other person who is required to register
| 16 |
| under this Article shall be required to register for a period | 17 |
| of 10 years after
conviction or adjudication if not confined to | 18 |
| a penal institution, hospital
or any other
institution or | 19 |
| facility, and if confined, for a period of 10 years after
| 20 |
| parole, discharge or release from any such facility. A sex | 21 |
| offender who is
allowed to leave a county, State, or federal | 22 |
| facility for the purposes of work
release, education, or | 23 |
| overnight visitations shall be required
to register within 5
10
| 24 |
| days of beginning such a program. Liability for
registration | 25 |
| terminates at the expiration of 10 years from the date of
| 26 |
| conviction or adjudication if not confined to a penal | 27 |
| institution, hospital
or any other
institution or facility and | 28 |
| if confined, at the expiration of 10 years from the
date of | 29 |
| parole, discharge or release from any such facility, providing | 30 |
| such
person does not, during that period, again
become
liable
| 31 |
| to register under the provisions of this Article.
Reconfinement | 32 |
| due to a violation of parole or other circumstances that | 33 |
| relates to the original conviction or adjudication shall extend | 34 |
| the period of registration to 10 years after final parole, | 35 |
| discharge, or release. The Director of State Police, consistent |
|
|
|
SB1234 Enrolled |
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LRB094 09724 RLC 39980 b |
|
| 1 |
| with administrative rules, shall
extend for 10 years the | 2 |
| registration period of any sex offender, as defined
in Section | 3 |
| 2 of this Act, who fails to
comply with the provisions of this | 4 |
| Article. The registration period for any sex offender who fails | 5 |
| to comply with any provision of the Act shall extend the period | 6 |
| of registration by 10 years beginning from the first date of | 7 |
| registration after the violation.
| 8 |
| (Source: P.A. 92-828, eff. 8-22-02; 93-979, eff. 8-20-04.)
| 9 |
| (730 ILCS 150/10) (from Ch. 38, par. 230)
| 10 |
| Sec. 10. Penalty. Any person who is required to register | 11 |
| under this
Article who violates any of the provisions of this | 12 |
| Article and any person
who is required to register under this | 13 |
| Article who seeks to change his or her
name under Article 21 of | 14 |
| the Code of Civil Procedure is guilty of a Class 3
felony.
Any | 15 |
| person who is convicted for a violation of this Act for a | 16 |
| second or subsequent time is guilty of a Class 2 felony. Any | 17 |
| person who is required to register under this Article who
| 18 |
| knowingly or wilfully gives material information required by | 19 |
| this Article that
is false is guilty of a Class 3 felony.
Any | 20 |
| person convicted of a violation of any provision of this | 21 |
| Article
shall, in addition to any other penalty required by | 22 |
| law, be required to serve a
minimum period of 7 days | 23 |
| confinement in the local county jail. The court shall
impose a | 24 |
| mandatory minimum fine of $500 for failure to comply with any
| 25 |
| provision of this Article. These fines shall be deposited in | 26 |
| the Sex Offender
Registration Fund. Any sex offender, as | 27 |
| defined in Section 2 of this Act,
or sexual predator who | 28 |
| violates any
provision of this Article may be arrested and
| 29 |
| tried in any Illinois county where the sex
offender can be | 30 |
| located. The local police department or sheriff's office is not | 31 |
| required to determine whether the person is living within its | 32 |
| jurisdiction.
| 33 |
| (Source: P.A. 92-16, eff. 6-28-01; 92-828, eff. 8-22-02; | 34 |
| 93-979, eff. 8-20-04.)
|
|
|
|
SB1234 Enrolled |
- 19 - |
LRB094 09724 RLC 39980 b |
|
| 1 |
| Section 10. The Sex Offender and Child Murderer Community | 2 |
| Notification Law is amended by changing Section 120 and by | 3 |
| adding Section 121 as follows:
| 4 |
| (730 ILCS 152/120)
| 5 |
| Sec. 120. Community notification of sex offenders.
| 6 |
| (a) The sheriff of the county, except Cook County, shall | 7 |
| disclose to the
following the name, address, date of birth, | 8 |
| place of employment, school
attended, and offense
or | 9 |
| adjudication of all sex offenders required to register under | 10 |
| Section 3 of
the Sex Offender Registration Act:
| 11 |
| (1) The boards of institutions of higher education or | 12 |
| other appropriate
administrative offices of each | 13 |
| non-public institution of higher education
located in the | 14 |
| county where the sex offender is required to register, | 15 |
| resides,
is employed, or is attending an institution of | 16 |
| higher education; and
| 17 |
| (2) School boards of public school districts and the | 18 |
| principal or other
appropriate administrative officer of | 19 |
| each nonpublic school located in the
county where the sex | 20 |
| offender is required to register or is employed; and
| 21 |
| (3) Child care facilities located in the county
where | 22 |
| the sex offender is required to register or is employed.
| 23 |
| (a-2) The sheriff of Cook County shall disclose to the | 24 |
| following the name,
address, date of birth, place of | 25 |
| employment, school attended, and offense
or
adjudication of
all | 26 |
| sex offenders required to register under Section 3 of the Sex | 27 |
| Offender
Registration Act:
| 28 |
| (1) School boards of public school districts and the | 29 |
| principal or other
appropriate administrative officer of | 30 |
| each nonpublic school located within the
region of Cook | 31 |
| County, as those public school districts and nonpublic | 32 |
| schools
are identified in LEADS, other than the City of | 33 |
| Chicago, where the sex offender
is required to register or | 34 |
| is employed; and
| 35 |
| (2) Child care facilities located within the region of |
|
|
|
SB1234 Enrolled |
- 20 - |
LRB094 09724 RLC 39980 b |
|
| 1 |
| Cook
County, as those child care facilities are identified | 2 |
| in LEADS, other than
the City of Chicago, where the sex | 3 |
| offender is required to register or is
employed; and
| 4 |
| (3) The boards of institutions of higher education or | 5 |
| other appropriate
administrative offices of each | 6 |
| non-public institution of higher education
located in the | 7 |
| county, other than the City of Chicago, where the sex | 8 |
| offender
is required to register, resides, is employed, or | 9 |
| attending an institution
of
higher
education.
| 10 |
| (a-3) The Chicago Police Department shall disclose to the | 11 |
| following the
name, address, date of birth, place of | 12 |
| employment, school attended, and
offense
or adjudication
of all | 13 |
| sex offenders required to register under Section 3 of the Sex | 14 |
| Offender
Registration Act:
| 15 |
| (1) School boards of public school districts and the | 16 |
| principal or other
appropriate administrative officer of | 17 |
| each nonpublic school located in the
police district where | 18 |
| the sex offender is required to register or is
employed if | 19 |
| the offender is required to register or is employed in the
| 20 |
| City of Chicago; and
| 21 |
| (2) Child care facilities located in the police | 22 |
| district where the
sex offender is required to register or | 23 |
| is employed if the offender is
required to register or is | 24 |
| employed in the City of Chicago; and
| 25 |
| (3) The boards of institutions of higher education or | 26 |
| other appropriate
administrative offices of each | 27 |
| non-public institution of higher education
located in the | 28 |
| police district where the sex offender is required to | 29 |
| register,
resides, is employed, or attending an | 30 |
| institution of higher education in the
City of
Chicago.
| 31 |
| (a-4) The Department of State Police shall provide a list | 32 |
| of sex offenders
required to register to the Illinois | 33 |
| Department of Children and Family
Services.
| 34 |
| (b) The Department of State Police and any law enforcement | 35 |
| agency may
disclose, in the Department's or agency's | 36 |
| discretion, the following information
to any person likely to |
|
|
|
SB1234 Enrolled |
- 21 - |
LRB094 09724 RLC 39980 b |
|
| 1 |
| encounter a sex offender, or sexual predator:
| 2 |
| (1) The offender's name, address, and date of birth.
| 3 |
| (2) The offense for which the offender was convicted.
| 4 |
| (3) Adjudication as a sexually dangerous person.
| 5 |
| (4) The offender's photograph or other such | 6 |
| information that will help
identify the sex offender.
| 7 |
| (5) Offender employment information, to protect public | 8 |
| safety.
| 9 |
| (c) The name, address, date of birth, and offense or | 10 |
| adjudication for sex
offenders required to register under | 11 |
| Section 3 of the Sex Offender Registration
Act shall be open to | 12 |
| inspection by the public as provided in this Section.
Every | 13 |
| municipal police department shall make available at its | 14 |
| headquarters
the information on all sex offenders who are | 15 |
| required to register in the
municipality under the Sex Offender | 16 |
| Registration Act. The sheriff shall
also make available at his | 17 |
| or her headquarters the information on all sex
offenders who | 18 |
| are required to register under that Act and who live in
| 19 |
| unincorporated areas of the county. Sex offender information | 20 |
| must be made
available for public inspection to any person, no | 21 |
| later than 72 hours or 3
business days from the date of the | 22 |
| request.
The request must be made in person, in writing, or by | 23 |
| telephone.
Availability must include giving the inquirer | 24 |
| access to a
facility where the information may be copied. A | 25 |
| department or sheriff
may charge a fee, but the fee may not | 26 |
| exceed the actual costs of
copying the information. An inquirer | 27 |
| must be allowed to copy this information
in his or her own | 28 |
| handwriting. A department or sheriff must allow access to
the | 29 |
| information during normal public working hours.
The sheriff or | 30 |
| a municipal police department may publish the
photographs of | 31 |
| sex offenders where any victim was 13 years of age or younger
| 32 |
| and who are required to register in the municipality or county | 33 |
| under the Sex
Offender Registration Act in a newspaper or | 34 |
| magazine of general circulation in
the municipality or county | 35 |
| or may disseminate the photographs of those sex
offenders on | 36 |
| the Internet or on television. The law enforcement agency may
|
|
|
|
SB1234 Enrolled |
- 22 - |
LRB094 09724 RLC 39980 b |
|
| 1 |
| make available the information on all sex offenders residing | 2 |
| within any county.
| 3 |
| (d) The Department of State Police and any law enforcement | 4 |
| agency having
jurisdiction may, in the Department's or agency's | 5 |
| discretion, place the
information specified in subsection (b) | 6 |
| on the Internet or in
other media.
| 7 |
| (e) (Blank)
The Department of State Police and any law | 8 |
| enforcement agency having
jurisdiction may, in the | 9 |
| Department's or agency's discretion, only provide
the
| 10 |
| information specified in subsection (b), with respect to an | 11 |
| adjudicated
juvenile delinquent, to any person when that | 12 |
| person's safety may be compromised
for some
reason related to | 13 |
| the juvenile sex offender .
| 14 |
| (Source: P.A. 91-48, eff. 7-1-99; 91-221, eff. 7-22-99;
91-224, | 15 |
| eff. 7-1-00; 91-357, eff. 7-29-99; 91-394, eff. 1-1-00; 92-16,
| 16 |
| 6-28-01; 92-828, eff. 8-22-02.)
| 17 |
| (730 ILCS 152/121 new) | 18 |
| Sec. 121. Notification regarding juvenile offenders. | 19 |
| (a) The Department of State Police and any law enforcement | 20 |
| agency having
jurisdiction may, in the Department's or agency's | 21 |
| discretion, only provide
the
information specified in | 22 |
| subsection (b) of Section 120 of this Act, with respect to an | 23 |
| adjudicated
juvenile delinquent, to any person when that | 24 |
| person's safety may be compromised
for some
reason related to | 25 |
| the juvenile sex offender. | 26 |
| (b) The local law enforcement agency having jurisdiction to | 27 |
| register the juvenile sex offender shall ascertain from the | 28 |
| juvenile sex offender whether the juvenile sex offender is | 29 |
| enrolled in school; and if so, shall provide a copy of the sex | 30 |
| offender registration form only to the principal or chief | 31 |
| administrative officer of the school and any guidance counselor | 32 |
| designated by him or her. The registration form shall be kept | 33 |
| separately from any and all school records maintained on behalf | 34 |
| of the juvenile sex offender.
|
|