Full Text of HB3506 97th General Assembly
HB3506eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning sex offenders.
| 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 Sections 3 and 6 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 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
| 12 | | Police. Such information shall include a current photograph,
| 13 | | current address,
current place of employment, the sex | 14 | | offender's or sexual predator's telephone number, including | 15 | | cellular telephone number, the employer's telephone number, | 16 | | school attended, all e-mail addresses, instant messaging | 17 | | identities, chat room identities, and other Internet | 18 | | communications identities that the sex offender uses or plans | 19 | | to use while accessing the Internet or uses for other purposes | 20 | | of social networking or other similar Internet communication , | 21 | | all Uniform Resource Locators (URLs) registered or used by the | 22 | | sex offender, all blogs and other Internet sites maintained by | 23 | | the sex offender or to which the sex offender has uploaded any |
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| 1 | | content or posted any messages or information, extensions of | 2 | | the time period for registering as provided in this Article | 3 | | and, if an extension was granted, the reason why the extension | 4 | | was granted and the date the sex offender was notified of the | 5 | | extension. The information shall also include a copy of the | 6 | | terms and conditions of parole or release signed by the sex | 7 | | offender and given to the sex offender by his or her | 8 | | supervising officer, the county of conviction, license plate | 9 | | numbers for every vehicle registered in the name of the sex | 10 | | offender, the age of the sex offender at the time of the | 11 | | commission of the offense, the age of the victim at the time of | 12 | | the commission of the offense, and any distinguishing marks | 13 | | located on the body of the sex offender. A sex offender | 14 | | convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the | 15 | | Criminal Code of 1961 shall provide all Internet protocol (IP) | 16 | | addresses in his or her residence, registered in his or her | 17 | | name, accessible at his or her place of employment, or | 18 | | otherwise under his or her control or custody. If the sex | 19 | | offender is a child sex offender as defined in Section 11-9.3 | 20 | | or 11-9.4 of the Criminal Code of 1961, the sex offender shall | 21 | | report to the registering agency whether he or she is living in | 22 | | a household with a child under 18 years of age who is not his or | 23 | | her own child, provided that his or her own child is not the | 24 | | victim of the sex offense. The sex offender or
sexual predator | 25 | | shall register:
| 26 | | (1) with the chief of police in the municipality in |
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| 1 | | which he or she
resides or is temporarily domiciled for a | 2 | | period of time of 3 or more
days, unless the
municipality | 3 | | is the City of Chicago, in which case he or she shall | 4 | | register
at the Chicago Police Department Headquarters; or
| 5 | | (2) with the sheriff in the county in which
he or she | 6 | | resides or is
temporarily domiciled
for a period of time of | 7 | | 3 or more days in an unincorporated
area or, if | 8 | | incorporated, no police chief exists.
| 9 | | If the sex offender or sexual predator is employed at or | 10 | | attends an institution of higher education, he or she shall | 11 | | register:
| 12 | | (i) with the chief of police in the municipality in | 13 | | which he or she is employed at or attends an institution of | 14 | | higher education, unless the municipality is the City of | 15 | | Chicago, in which case he or she shall register at the | 16 | | Chicago Police Department Headquarters; or | 17 | | (ii) with the sheriff in the county in which he or she | 18 | | is employed or attends an institution of higher education | 19 | | located in an unincorporated area, or if incorporated, no | 20 | | police chief exists.
| 21 | | For purposes of this Article, the place of residence or | 22 | | temporary
domicile is defined as any and all places where the | 23 | | sex offender resides
for an aggregate period of time of 3 or | 24 | | more days during any calendar year.
Any person required to | 25 | | register under this Article who lacks a fixed address or | 26 | | temporary domicile must notify, in person, the agency of |
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| 1 | | jurisdiction of his or her last known address within 3 days | 2 | | after ceasing to have a fixed residence. | 3 | | A sex offender or sexual predator who is temporarily absent | 4 | | from his or her current address of registration for 3 or more | 5 | | days shall notify the law enforcement agency having | 6 | | jurisdiction of his or her current registration, including the | 7 | | itinerary for travel, in the manner provided in Section 6 of | 8 | | this Act for notification to the law enforcement agency having | 9 | | jurisdiction of change of address. | 10 | | Any person who lacks a fixed residence must report weekly, | 11 | | in person, with the sheriff's office of the county in which he | 12 | | or she is located in an unincorporated area, or with the chief | 13 | | of police in the municipality in which he or she is located. | 14 | | The agency of jurisdiction will document each weekly | 15 | | registration to include all the locations where the person has | 16 | | stayed during the past 7 days.
| 17 | | The sex offender or sexual predator shall provide accurate | 18 | | information
as required by the Department of State Police. That | 19 | | information shall include
the sex offender's or sexual | 20 | | predator's current place of employment.
| 21 | | (a-5) An out-of-state student or out-of-state employee | 22 | | shall,
within 3 days after beginning school or employment in | 23 | | this State,
register in person and provide accurate information | 24 | | as required by the
Department of State Police. Such information | 25 | | will include current place of
employment, school attended, and | 26 | | address in state of residence. A sex offender convicted under |
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| 1 | | Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code | 2 | | of 1961 shall provide all Internet protocol (IP) addresses in | 3 | | his or her residence, registered in his or her name, accessible | 4 | | at his or her place of employment, or otherwise under his or | 5 | | her control or custody. The out-of-state student or | 6 | | out-of-state employee shall register:
| 7 | | (1) with the chief of police in the municipality in | 8 | | which he or she attends school or is employed for a period | 9 | | of time of 5
or more days or for an
aggregate period of | 10 | | time of more than 30 days during any
calendar year, unless | 11 | | the
municipality is the City of Chicago, in which case he | 12 | | or she shall register at
the Chicago Police Department | 13 | | Headquarters; or
| 14 | | (2) with the sheriff in the county in which
he or she | 15 | | attends school or is
employed for a period of time of 5 or | 16 | | more days or
for an aggregate period of
time of more than | 17 | | 30 days during any calendar year in an
unincorporated area
| 18 | | or, if incorporated, no police chief exists. | 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, 11-20.3, or 11-21 of the | 3 | | Criminal Code of 1961, including periodic and annual | 4 | | registrations under Section 6 of this Act. | 5 | | (b) Any sex offender, as defined in Section 2 of this Act, | 6 | | or sexual
predator, regardless of any initial,
prior, or other | 7 | | registration, shall, within 3 days of beginning school,
or | 8 | | establishing a
residence, place of employment, or temporary | 9 | | domicile in
any county, register in person as set forth in | 10 | | subsection (a)
or (a-5).
| 11 | | (c) The registration for any person required to register | 12 | | under this
Article shall be as follows:
| 13 | | (1) Any person registered under the Habitual Child Sex | 14 | | Offender
Registration Act or the Child Sex Offender | 15 | | Registration Act prior to January
1, 1996, shall be deemed | 16 | | initially registered as of January 1, 1996; however,
this | 17 | | shall not be construed to extend the duration of | 18 | | registration set forth
in Section 7.
| 19 | | (2) Except as provided in subsection (c)(4), any person | 20 | | convicted or
adjudicated prior to January 1, 1996, whose | 21 | | liability for registration under
Section 7 has not expired, | 22 | | shall register in person prior to January 31,
1996.
| 23 | | (2.5) Except as provided in subsection (c)(4), any | 24 | | person who has not
been notified of his or her | 25 | | responsibility to register shall be notified by a
criminal | 26 | | justice entity of his or her responsibility to register. |
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| 1 | | Upon
notification the person must then register within 3 | 2 | | days of notification of
his or her requirement to register. | 3 | | If notification is not made within the
offender's 10 year | 4 | | registration requirement, and the Department of State
| 5 | | Police determines no evidence exists or indicates the | 6 | | offender attempted to
avoid registration, the offender | 7 | | will no longer be required to register under
this Act.
| 8 | | (3) Except as provided in subsection (c)(4), any person | 9 | | convicted on
or after January 1, 1996, shall register in | 10 | | person within 3 days after the
entry of the sentencing | 11 | | order based upon his or her conviction.
| 12 | | (4) Any person unable to comply with the registration | 13 | | requirements of
this Article because he or she is confined, | 14 | | institutionalized,
or imprisoned in Illinois on or after | 15 | | January 1, 1996, shall register in person
within 3 days of | 16 | | discharge, parole or release.
| 17 | | (5) The person shall provide positive identification | 18 | | and documentation
that substantiates proof of residence at | 19 | | the registering address.
| 20 | | (6) The person shall pay a $100
initial registration | 21 | | fee and
a $100
annual
renewal fee. The fees shall be used | 22 | | by the registering agency for official
purposes. The agency | 23 | | shall establish procedures to document receipt and use
of | 24 | | the funds.
The law enforcement agency having jurisdiction | 25 | | may waive the registration fee
if it determines that the | 26 | | person is indigent and unable to pay the registration
fee.
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| 1 | | Thirty dollars for the initial registration fee and $30 of | 2 | | the annual renewal fee
shall be used by the registering | 3 | | agency for official purposes. Ten dollars of
the initial | 4 | | registration fee and $10 of the annual fee shall be | 5 | | deposited into
the Sex Offender Management Board Fund under | 6 | | Section 19 of the Sex Offender
Management Board Act. Money | 7 | | deposited into the Sex Offender Management Board
Fund shall | 8 | | be administered by the Sex Offender Management Board and | 9 | | shall be
used to
fund practices endorsed or required by the | 10 | | Sex Offender Management Board Act
including but not limited | 11 | | to sex offenders evaluation, treatment, or
monitoring | 12 | | programs that are or may be developed, as well as for
| 13 | | administrative costs, including staff, incurred by the | 14 | | Board.
Thirty dollars of the initial registration fee and | 15 | | $30 of the annual renewal fee shall be deposited into the | 16 | | Sex Offender Registration Fund and shall be used by the | 17 | | Department of State Police to maintain and update the | 18 | | Illinois State Police Sex Offender Registry. Thirty | 19 | | dollars of the initial registration fee and $30 of the | 20 | | annual renewal fee shall be deposited into the Attorney | 21 | | General Sex Offender Awareness, Training, and Education | 22 | | Fund. Moneys deposited into the Fund shall be used by the | 23 | | Attorney General to administer the I-SORT program and to | 24 | | alert and educate the public, victims, and witnesses of | 25 | | their rights under various victim notification laws and for | 26 | | training law enforcement agencies, State's Attorneys, and |
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| 1 | | medical providers of their legal duties concerning the | 2 | | prosecution and investigation of sex offenses. | 3 | | (d) Within 3 days after obtaining or changing employment | 4 | | and, if employed
on January 1, 2000, within 5 days after that | 5 | | date, a person required to
register under this Section must | 6 | | report, in person to the law
enforcement agency having | 7 | | jurisdiction, the business name and address where he
or she is | 8 | | employed. If the person has multiple businesses or work | 9 | | locations,
every business and work location must be reported to | 10 | | the law enforcement agency
having jurisdiction.
| 11 | | (Source: P.A. 95-229, eff. 8-16-07; 95-579, eff. 6-1-08; | 12 | | 95-640, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. | 13 | | 8-21-08; 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; 96-1097, | 14 | | eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. 1-1-11; | 15 | | revised 9-2-10.)
| 16 | | (730 ILCS 150/6)
| 17 | | Sec. 6. Duty to report; change of address, school, or | 18 | | employment; duty
to inform.
A person who has been adjudicated | 19 | | to be sexually dangerous or is a sexually
violent person and is | 20 | | later released, or found to be no longer sexually
dangerous or | 21 | | no longer a sexually violent person and discharged, or | 22 | | convicted of a violation of this Act after July 1, 2005, shall | 23 | | report in
person to the law enforcement agency with whom he or | 24 | | she last registered no
later than 90 days after the date of his | 25 | | or her last registration and every 90
days thereafter and at |
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| 1 | | such other times at the request of the law enforcement agency | 2 | | not to exceed 4 times a year. Such sexually dangerous or | 3 | | sexually
violent person must report all new or changed e-mail | 4 | | addresses, all new or changed instant messaging identities, all | 5 | | new or changed chat room identities, and all other new or | 6 | | changed Internet communications identities that the sexually | 7 | | dangerous or sexually
violent person uses or plans to use, all | 8 | | new or changed Uniform Resource Locators (URLs) registered or | 9 | | used by the sexually dangerous or sexually
violent person, and | 10 | | all new or changed blogs and other Internet sites maintained by | 11 | | the sexually dangerous or sexually
violent person or to which | 12 | | the sexually dangerous or sexually
violent person has uploaded | 13 | | any content or posted any messages or information. Any person | 14 | | who lacks a fixed residence must report weekly, in person, to | 15 | | the appropriate law enforcement agency where the sex offender | 16 | | is located. Any other person who is required to register under | 17 | | this
Article shall report in person to the appropriate law | 18 | | enforcement agency with
whom he or she last registered within | 19 | | one year from the date of last
registration and every year | 20 | | thereafter and at such other times at the request of the law | 21 | | enforcement agency not to exceed 4 times a year. If any person | 22 | | required to register under this Article lacks a fixed residence | 23 | | or temporary domicile, he or she must notify, in person, the | 24 | | agency of jurisdiction of his or her last known address within | 25 | | 3 days after ceasing to have a fixed residence and if the | 26 | | offender leaves the last jurisdiction of residence, he or she, |
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| 1 | | must within 3 days after leaving register in person with the | 2 | | new agency of jurisdiction. If any other person required to | 3 | | register
under this Article changes his or her residence | 4 | | address, place of
employment,
telephone number, cellular | 5 | | telephone number, or school, he or she shall report in
person, | 6 | | to the law
enforcement agency
with whom he or she last | 7 | | registered, his or her new address, change in
employment, | 8 | | telephone number, cellular telephone number, or school, all new | 9 | | or changed e-mail addresses, all new or changed instant | 10 | | messaging identities, all new or changed chat room identities, | 11 | | and all other new or changed Internet communications identities | 12 | | that the sex offender uses or plans to use while accessing the | 13 | | Internet or uses for other purposes of social networking or | 14 | | other similar Internet communication , all new or changed | 15 | | Uniform Resource Locators (URLs) registered or used by the sex | 16 | | offender, and all new or changed blogs and other Internet sites | 17 | | maintained by the sex offender or to which the sex offender has | 18 | | uploaded any content or posted any messages or information, and | 19 | | register, in person, with the appropriate law enforcement
| 20 | | agency within the
time period specified in Section 3. If the | 21 | | sex offender is a child sex offender as defined in Section | 22 | | 11-9.3 or 11-9.4 of the Criminal Code of 1961, the sex offender | 23 | | shall within 3 days after beginning to reside in a household | 24 | | with a child under 18 years of age who is not his or her own | 25 | | child, provided that his or her own child is not the victim of | 26 | | the sex offense, report that information to the registering law |
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| 1 | | enforcement agency. The law enforcement agency shall, within 3
| 2 | | days of the reporting in person by the person required to | 3 | | register under this Article, notify the Department of State | 4 | | Police of the new place of residence, change in
employment, | 5 | | telephone number, cellular telephone number, or school. | 6 | | If any person required to register under this Article | 7 | | intends to establish a
residence or employment outside of the | 8 | | State of Illinois, at least 10 days
before establishing that | 9 | | residence or employment, he or she shall report in person to | 10 | | the law enforcement agency with which he or she last registered | 11 | | of his
or her out-of-state intended residence or employment. | 12 | | The law enforcement agency with
which such person last | 13 | | registered shall, within 3 days after the reporting in person | 14 | | of the person required to register under this Article of an | 15 | | address or
employment change, notify the Department of State | 16 | | Police. The Department of
State Police shall forward such | 17 | | information to the out-of-state law enforcement
agency having | 18 | | jurisdiction in the form and manner prescribed by the
| 19 | | Department of State Police. | 20 | | (Source: P.A. 95-229, eff. 8-16-07; 95-331, eff. 8-21-07; | 21 | | 95-640, eff. 6-1-08; 95-876, eff. 8-21-08; 96-1094, eff. | 22 | | 1-1-11; 96-1104, eff. 1-1-11; revised 9-2-10.)
| 23 | | Section 10. The Sex Offender Community Notification Law is | 24 | | amended by adding Section 123 as follows: |
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| 1 | | (730 ILCS 152/123 new) | 2 | | Sec. 123. Disclosure of information to social network | 3 | | website provider. The Department of State Police shall, upon | 4 | | the request of any social network website provider, release to | 5 | | such provider the following information concerning a | 6 | | registered sex offender: all e-mail addresses, instant | 7 | | messaging identities, chat room identities, and other Internet | 8 | | communications identities that the sex offender uses or plans | 9 | | to use that would enable the social network website provider to | 10 | | prescreen or remove the sex offender from its services or, in | 11 | | conformity with State and federal law, advise law enforcement | 12 | | or other governmental entities of potential violations of law | 13 | | or threats to public safety. Before releasing information to a | 14 | | social network website provider, the Department shall require a | 15 | | social network website provider that requests information to | 16 | | submit to the Department the name, address, and telephone | 17 | | number of such provider and the specific legal nature and | 18 | | corporate status of such provider. Except for the purposes | 19 | | specified in this Section, a social network website provider | 20 | | may not publish or in any way disclose or redisclose any | 21 | | information provided to it by the Department pursuant to this | 22 | | Section. The Department shall update any information released | 23 | | pursuant to this Section on a monthly basis to ensure that the | 24 | | information of every individual that has been removed from the | 25 | | sex offender registry in this State is no longer released | 26 | | pursuant to this Section. The Department may charge the social |
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| 1 | | network website provider a fee for access to information | 2 | | pursuant to this Section. The Department shall promulgate any | 3 | | rules necessary to implement the provisions of this Section. As | 4 | | used in this Section, "social network website provider" means | 5 | | any business, organization or other entity providing or | 6 | | offering a service over the Internet which permits persons | 7 | | under 18 years of age to access, meet, congregate, or | 8 | | communicate with other users for the purpose of social | 9 | | networking. This definition does not include general e-mail | 10 | | services.
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