Full Text of SB2462 96th General Assembly
SB2462enr 96TH GENERAL ASSEMBLY
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SB2462 Enrolled |
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LRB096 13521 RLC 28262 b |
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| AN ACT concerning criminal law.
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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 Section 3 as follows: | 6 |
| (730 ILCS 150/3) | 7 |
| Sec. 3. Duty to register.
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| (a) A sex offender, as defined in Section 2 of this Act, or | 9 |
| sexual
predator shall, within the time period
prescribed in | 10 |
| subsections (b) and (c), register in person
and provide | 11 |
| accurate information as required by the Department of State
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| Police. Such information shall include a current photograph,
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| current address,
current place of employment, the employer's | 14 |
| telephone number, school attended, all e-mail addresses, | 15 |
| instant messaging identities, chat room identities, and other | 16 |
| Internet communications identities that the sex offender uses | 17 |
| or plans to use, all Uniform Resource Locators (URLs) | 18 |
| registered or used by the sex offender, all blogs and other | 19 |
| Internet sites maintained by the sex offender or to which the | 20 |
| sex offender has uploaded any content or posted any messages or | 21 |
| information, extensions of the time period for registering as | 22 |
| provided in this Article and, if an extension was granted, the | 23 |
| reason why the extension was granted and the date the sex |
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| offender was notified of the extension. The information shall | 2 |
| also include a copy of the terms and conditions of parole or | 3 |
| release signed by the sex offender and given to the sex | 4 |
| offender by his or her supervising officer, the county of | 5 |
| conviction, license plate numbers for every vehicle registered | 6 |
| in the name of the sex offender, the age of the sex offender at | 7 |
| the time of the commission of the offense, the age of the | 8 |
| victim at the time of the commission of the offense, and any | 9 |
| distinguishing marks located on the body of the sex offender. A | 10 |
| sex offender convicted under Section 11-6, 11-20.1, 11-20.3, or | 11 |
| 11-21 of the Criminal Code of 1961 shall provide all Internet | 12 |
| protocol (IP) addresses in his or her residence, registered in | 13 |
| his or her name, accessible at his or her place of employment, | 14 |
| or otherwise under his or her control or custody. The sex | 15 |
| offender or
sexual predator shall register:
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| (1) with the chief of police in the municipality in | 17 |
| which he or she
resides or is temporarily domiciled for a | 18 |
| period of time of 5 or more
days, unless the
municipality | 19 |
| is the City of Chicago, in which case he or she shall | 20 |
| register
at the Chicago Police Department Headquarters; or
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| (2) with the sheriff in the county in which
he or she | 22 |
| resides or is
temporarily domiciled
for a period of time of | 23 |
| 5 or more days in an unincorporated
area or, if | 24 |
| incorporated, no police chief exists.
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| If the sex offender or sexual predator is employed at or | 26 |
| attends an institution of higher education, he or she shall |
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| register:
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| (i) with the chief of police in the municipality in | 3 |
| which he or she is employed at or attends an institution of | 4 |
| higher education, unless the municipality is the City of | 5 |
| Chicago, in which case he or she shall register at the | 6 |
| Chicago Police Department Headquarters; or | 7 |
| (ii) with the sheriff in the county in which he or she | 8 |
| is employed or attends an institution of higher education | 9 |
| located in an unincorporated area, or if incorporated, no | 10 |
| police chief exists.
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| For purposes of this Article, the place of residence or | 12 |
| temporary
domicile is defined as any and all places where the | 13 |
| sex offender resides
for an aggregate period of time of 5 or | 14 |
| more days during any calendar year.
Any person required to | 15 |
| register under this Article who lacks a fixed address or | 16 |
| temporary domicile must notify, in person, the agency of | 17 |
| jurisdiction of his or her last known address within 3 days | 18 |
| after ceasing to have a fixed residence. | 19 |
| Any person who lacks a fixed residence must report weekly, | 20 |
| in person, with the sheriff's office of the county in which he | 21 |
| or she is located in an unincorporated area, or with the chief | 22 |
| of police in the municipality in which he or she is located. | 23 |
| The agency of jurisdiction will document each weekly | 24 |
| registration to include all the locations where the person has | 25 |
| stayed during the past 7 days.
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| The sex offender or sexual predator shall provide accurate |
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| information
as required by the Department of State Police. That | 2 |
| information shall include
the sex offender's or sexual | 3 |
| predator's current place of employment.
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| (a-5) An out-of-state student or out-of-state employee | 5 |
| shall,
within 3 days after beginning school or employment in | 6 |
| this State,
register in person and provide accurate information | 7 |
| as required by the
Department of State Police. Such information | 8 |
| will include current place of
employment, school attended, and | 9 |
| address in state of residence. A sex offender convicted under | 10 |
| Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code | 11 |
| of 1961 shall provide all Internet protocol (IP) addresses in | 12 |
| his or her residence, registered in his or her name, accessible | 13 |
| at his or her place of employment, or otherwise under his or | 14 |
| her control or custody. The out-of-state student or | 15 |
| out-of-state employee shall register:
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| (1) with the chief of police in the municipality in | 17 |
| which he or she attends school or is employed for a period | 18 |
| of time of 5
or more days or for an
aggregate period of | 19 |
| time of more than 30 days during any
calendar year, unless | 20 |
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municipality is the City of Chicago, in which case he | 21 |
| or she shall register at
the Chicago Police Department | 22 |
| Headquarters; or
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| (2) with the sheriff in the county in which
he or she | 24 |
| attends school or is
employed for a period of time of 5 or | 25 |
| more days or
for an aggregate period of
time of more than | 26 |
| 30 days during any calendar year in an
unincorporated area
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| or, if incorporated, no police chief exists. | 2 |
| The out-of-state student or out-of-state employee shall | 3 |
| provide accurate
information as required by the Department of | 4 |
| State Police. That information
shall include the out-of-state | 5 |
| student's current place of school attendance or
the | 6 |
| out-of-state employee's current place of employment.
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| (a-10) Any law enforcement agency registering sex | 8 |
| offenders or sexual predators in accordance with subsections | 9 |
| (a) or (a-5) of this Section shall forward to the Attorney | 10 |
| General a copy of sex offender registration forms from persons | 11 |
| convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the | 12 |
| Criminal Code of 1961, including periodic and annual | 13 |
| registrations under Section 6 of this Act. | 14 |
| (b) Any sex offender, as defined in Section 2 of this Act, | 15 |
| or sexual
predator, regardless of any initial,
prior, or other | 16 |
| registration, shall, within 3 days of beginning school,
or | 17 |
| establishing a
residence, place of employment, or temporary | 18 |
| domicile in
any county, register in person as set forth in | 19 |
| subsection (a)
or (a-5).
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| (c) The registration for any person required to register | 21 |
| under this
Article shall be as follows:
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| (1) Any person registered under the Habitual Child Sex | 23 |
| Offender
Registration Act or the Child Sex Offender | 24 |
| Registration Act prior to January
1, 1996, shall be deemed | 25 |
| initially registered as of January 1, 1996; however,
this | 26 |
| shall not be construed to extend the duration of |
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| registration set forth
in Section 7.
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| (2) Except as provided in subsection (c)(4), any person | 3 |
| convicted or
adjudicated prior to January 1, 1996, whose | 4 |
| liability for registration under
Section 7 has not expired, | 5 |
| shall register in person prior to January 31,
1996.
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| (2.5) Except as provided in subsection (c)(4), any | 7 |
| person who has not
been notified of his or her | 8 |
| responsibility to register shall be notified by a
criminal | 9 |
| justice entity of his or her responsibility to register. | 10 |
| Upon
notification the person must then register within 3 | 11 |
| days of notification of
his or her requirement to register. | 12 |
| If notification is not made within the
offender's 10 year | 13 |
| registration requirement, and the Department of State
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| 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.
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| (3) Except as provided in subsection (c)(4), any person | 18 |
| convicted on
or after January 1, 1996, shall register in | 19 |
| person within 3 days after the
entry of the sentencing | 20 |
| order based upon his or her conviction.
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| (4) Any person unable to comply with the registration | 22 |
| requirements of
this Article because he or she is confined, | 23 |
| institutionalized,
or imprisoned in Illinois on or after | 24 |
| January 1, 1996, shall register in person
within 3 days of | 25 |
| discharge, parole or release.
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| (5) The person shall provide positive identification |
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| and documentation
that substantiates proof of residence at | 2 |
| the registering address.
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| (6) The person shall pay a $20
initial registration fee | 4 |
| and
a $10
annual
renewal fee. The fees shall be used by the | 5 |
| registering agency for official
purposes. The agency shall | 6 |
| establish procedures to document receipt and use
of the | 7 |
| funds.
The law enforcement agency having jurisdiction may | 8 |
| waive the registration fee
if it determines that the person | 9 |
| is indigent and unable to pay the registration
fee.
Ten | 10 |
| dollars for the initial registration fee and $5 of the | 11 |
| annual renewal fee
shall be used by the registering agency | 12 |
| for official purposes. Ten dollars of
the initial | 13 |
| registration fee and $5 of the annual fee shall be | 14 |
| deposited into
the Sex Offender Management Board Fund under | 15 |
| Section 19 of the Sex Offender
Management Board Act. Money | 16 |
| deposited into the Sex Offender Management Board
Fund shall | 17 |
| be administered by the Sex Offender Management Board and | 18 |
| shall be
used to
fund practices endorsed or required by the | 19 |
| Sex Offender Management Board Act
including but not limited | 20 |
| to sex offenders evaluation, treatment, or
monitoring | 21 |
| programs that are or may be developed, as well as for
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| administrative costs, including staff, incurred by the | 23 |
| Board.
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| (d) Within 3 days after obtaining or changing employment | 25 |
| and, if employed
on January 1, 2000, within 5 days after that | 26 |
| date, a person required to
register under this Section must |
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LRB096 13521 RLC 28262 b |
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| report, in person to the law
enforcement agency having | 2 |
| jurisdiction, the business name and address where he
or she is | 3 |
| employed. If the person has multiple businesses or work | 4 |
| locations,
every business and work location must be reported to | 5 |
| the law enforcement agency
having jurisdiction.
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| (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-994, | 7 |
| eff. 1-1-07; 95-229, eff. 8-16-07; 95-579, eff. 6-1-08; 95-640, | 8 |
| eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. 8-21-08.)
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