Full Text of HB3703 103rd General Assembly
HB3703 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3703 Introduced 2/17/2023, by Rep. Camille Y. Lilly SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/11-9.3 | | 730 ILCS 150/3 | | 730 ILCS 150/6 | | 730 ILCS 150/8 | from Ch. 38, par. 228 | 730 ILCS 154/10 | |
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Amends the Unified Code of Corrections. Provides that it is unlawful for a child sex offender with the duty to register to knowingly reside within 250 feet (rather than 500 feet) of a school building, playground, the real property comprising any school that
persons under the age of 18 attend, or other specified child care facilities. Provides further requirements concerning a child sex offender's address of registration. Amends the Sex Offender Registration Act. Removes the reporting requirement for persons who lack a fixed residence. Provides that if a person lacks a fixed residence, he or she shall not have to provide documentation of the registering address. Makes conforming changes.
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| | 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 Criminal Code of 2012 is amended by | 5 | | changing Section 11-9.3 as follows:
| 6 | | (720 ILCS 5/11-9.3)
| 7 | | Sec. 11-9.3. Presence within school zone by child sex
| 8 | | offenders prohibited; approaching, contacting, residing with, | 9 | | or communicating with a child within certain places by child | 10 | | sex offenders prohibited.
| 11 | | (a) It is unlawful for a child sex offender to knowingly be | 12 | | present in any
school building, on real property comprising | 13 | | any school, or in any conveyance
owned, leased, or contracted | 14 | | by a school to transport students to or from
school or a school | 15 | | related activity when persons under the age of 18 are
present | 16 | | in the building, on the grounds or in
the conveyance, unless | 17 | | the offender is a parent or guardian of a student attending the | 18 | | school and the parent or guardian is: (i) attending a | 19 | | conference at the school with school personnel to discuss the | 20 | | progress of his or her child academically or socially, (ii) | 21 | | participating in child review conferences in which evaluation | 22 | | and placement decisions may be made with respect to his or her | 23 | | child regarding special education services, or (iii) attending |
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| 1 | | conferences to discuss other student issues concerning his or | 2 | | her child such as retention and promotion and notifies the | 3 | | principal of the school of his or her presence at the school or | 4 | | unless the
offender has permission to be present from the
| 5 | | superintendent or the school board or in the case of a private | 6 | | school from the
principal. In the case of a public school, if | 7 | | permission is granted, the
superintendent or school board | 8 | | president must inform the principal of the
school where the | 9 | | sex offender will be present. Notification includes the
nature | 10 | | of the sex offender's visit and the hours in which the sex | 11 | | offender will
be present in the school. The sex offender is | 12 | | responsible for notifying the
principal's office when he or | 13 | | she arrives on school property and when he or she
departs from | 14 | | school property. If the sex offender is to be present in the
| 15 | | vicinity of children, the sex offender has the duty to remain | 16 | | under the direct
supervision of a school official.
| 17 | | (a-5) It is unlawful for a child sex offender to knowingly | 18 | | be present within 100 feet of a site posted as a pick-up or | 19 | | discharge stop for a conveyance owned, leased, or contracted | 20 | | by a school to transport students to or from school or a school | 21 | | related activity when one or more persons under the age of 18 | 22 | | are present at the site.
| 23 | | (a-10) It is unlawful for a child sex offender to | 24 | | knowingly be present in any
public park building, a playground | 25 | | or recreation area within any publicly accessible privately | 26 | | owned building, or on real property comprising any public park
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| 1 | | when persons under the age of
18 are
present in the building or | 2 | | on the grounds
and to approach, contact, or communicate with a | 3 | | child under 18 years of
age,
unless the
offender
is a parent or | 4 | | guardian of a person under 18 years of age present in the
| 5 | | building or on the
grounds. | 6 | | (b) It is unlawful for a child sex offender to knowingly | 7 | | loiter within 500 feet of a school building or real property | 8 | | comprising any school
while persons under the age of 18 are | 9 | | present in the building or on the
grounds,
unless the offender | 10 | | is a parent or guardian of a student attending the school and | 11 | | the parent or guardian is: (i) attending a conference at the | 12 | | school with school personnel to discuss the progress of his or | 13 | | her child academically or socially, (ii) participating in | 14 | | child review conferences in which evaluation and placement | 15 | | decisions may be made with respect to his or her child | 16 | | regarding special education services, or (iii) attending | 17 | | conferences to discuss other student issues concerning his or | 18 | | her child such as retention and promotion and notifies the | 19 | | principal of the school of his or her presence at the school or | 20 | | has permission to be present from the
superintendent or the | 21 | | school board or in the case of a private school from the
| 22 | | principal. In the case of a public school, if permission is | 23 | | granted, the
superintendent or school board president must | 24 | | inform the principal of the
school where the sex offender will | 25 | | be present. Notification includes the
nature of the sex | 26 | | offender's visit and the hours in which the sex offender will
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| 1 | | be present in the school. The sex offender is responsible for | 2 | | notifying the
principal's office when he or she arrives on | 3 | | school property and when he or she
departs from school | 4 | | property. If the sex offender is to be present in the
vicinity | 5 | | of children, the sex offender has the duty to remain under the | 6 | | direct
supervision of a school official.
| 7 | | (b-2) It is unlawful for a child sex offender to knowingly | 8 | | loiter on a public
way within 500 feet of a public park | 9 | | building or real property comprising any
public park while | 10 | | persons under the age of 18 are present in the building or on | 11 | | the
grounds
and to approach, contact, or communicate with a | 12 | | child under 18 years of
age,
unless the offender
is a parent or | 13 | | guardian of a person under 18 years of age present in the
| 14 | | building or on the grounds. | 15 | | (b-5) It is unlawful for a child sex offender with the duty
| 16 | | to register to knowingly reside within
250 500 feet of a school | 17 | | building or the real property comprising any school that
| 18 | | persons under the age of 18 attend. Nothing in this subsection | 19 | | (b-5) prohibits
a child sex offender from residing within 250 | 20 | | 500 feet of a school building or the
real property comprising | 21 | | any school that persons under 18 attend if the
property was
| 22 | | established as his or her current address of registration
| 23 | | prior to the date that the school opened or was issued a
| 24 | | license to open is owned by the child sex offender and was | 25 | | purchased before July 7, 2000 (the
effective date of Public | 26 | | Act 91-911) .
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| 1 | | (b-10) It is unlawful for a child sex offender with the
| 2 | | duty to register to knowingly reside within
250 500 feet of a | 3 | | playground, child care institution, day care center, part day | 4 | | child care facility, day care home, group day care home, or a | 5 | | facility providing programs or services
exclusively directed | 6 | | toward persons under 18 years of age. Nothing in this
| 7 | | subsection (b-10) prohibits a child sex offender from residing | 8 | | within 250 500 feet
of a playground or a facility providing | 9 | | programs or services exclusively
directed toward persons under | 10 | | 18 years of age if the property is established as his or her
| 11 | | current address of registration prior to the date that a
| 12 | | playground, child care institution, day care center, part day
| 13 | | care child care facility, day care home, group day care home,
| 14 | | or a facility providing programs or services exclusively
| 15 | | directed toward persons under 18 years of age was opened, or,
| 16 | | if the facility must obtain a license in order to provide
| 17 | | programs or service, the date that the license was issued | 18 | | owned by the
child sex offender and was purchased before July | 19 | | 7, 2000. Nothing in this
subsection (b-10) prohibits a child | 20 | | sex offender from residing within 500 feet
of a child care | 21 | | institution, day care center, or part day child care facility | 22 | | if the property is owned by the
child sex offender and was | 23 | | purchased before June 26, 2006. Nothing in this subsection | 24 | | (b-10) prohibits a child sex offender from residing within 500 | 25 | | feet of a day care home or group day care home if the property | 26 | | is owned by the child sex offender and was purchased before |
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| 1 | | August 14, 2008 (the effective date of Public Act 95-821) . | 2 | | (b-15) It is unlawful for a child sex offender to | 3 | | knowingly reside within
500 feet of the victim of the sex | 4 | | offense. Nothing in this
subsection (b-15) prohibits a child | 5 | | sex offender from residing within 500 feet
of the victim if the | 6 | | property in which the child sex offender resides is owned by | 7 | | the
child sex offender and was purchased before August 22, | 8 | | 2002. | 9 | | This subsection (b-15) does not apply if the victim of the | 10 | | sex offense
is 21 years of age or older. | 11 | | (b-20) It is unlawful for a child sex offender to | 12 | | knowingly communicate, other than for a lawful purpose under | 13 | | Illinois law, using the Internet or any other digital media, | 14 | | with a person under 18 years of age or with a person whom he or | 15 | | she believes to be a person under 18 years of age,
unless the | 16 | | offender
is a parent or guardian of the person under 18 years | 17 | | of age. | 18 | | (c) It is unlawful for a child sex offender to knowingly | 19 | | operate, manage,
be employed by, volunteer at, be associated | 20 | | with, or knowingly be present at
any: (i) facility providing
| 21 | | programs or services exclusively directed toward persons under | 22 | | the age of 18; (ii) day care center; (iii) part day child care | 23 | | facility; (iv) child care institution; (v) school providing | 24 | | before and after school programs for children under 18 years | 25 | | of age; (vi) day care home; or (vii) group day care home.
This | 26 | | does not prohibit a child sex offender from owning the real |
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| 1 | | property upon
which the programs or services are offered or | 2 | | upon which the day care center, part day child care facility, | 3 | | child care institution, or school providing before and after | 4 | | school programs for children under 18 years of age is located, | 5 | | provided the child sex offender
refrains from being present on | 6 | | the premises for the hours during which: (1) the
programs or | 7 | | services are being offered or (2) the day care center, part day | 8 | | child care facility, child care institution, or school | 9 | | providing before and after school programs for children under | 10 | | 18 years of age, day care home, or group day care home is | 11 | | operated. | 12 | | (c-2) It is unlawful for a child sex offender to | 13 | | participate in a holiday event involving children under 18 | 14 | | years of age, including but not limited to distributing candy | 15 | | or other items to children on Halloween, wearing a Santa Claus | 16 | | costume on or preceding Christmas, being employed as a | 17 | | department store Santa Claus, or wearing an Easter Bunny | 18 | | costume on or preceding Easter. For the purposes of this | 19 | | subsection, child sex offender has the meaning as defined in | 20 | | this Section, but does not include as a sex offense under | 21 | | paragraph (2) of subsection (d) of this Section, the offense | 22 | | under subsection (c) of Section 11-1.50 of this Code. This | 23 | | subsection does not apply to a child sex offender who is a | 24 | | parent or guardian of children under 18 years of age that are | 25 | | present in the home and other non-familial minors are not | 26 | | present. |
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| 1 | | (c-5) It is unlawful for a child sex offender to knowingly | 2 | | operate, manage, be employed by, or be associated with any | 3 | | carnival, amusement enterprise, or county or State fair when | 4 | | persons under the age of 18 are present. | 5 | | (c-6) It is unlawful for a child sex offender who owns and | 6 | | resides at residential real estate to knowingly rent any | 7 | | residential unit within the same building in which he or she | 8 | | resides to a person who is the parent or guardian of a child or | 9 | | children under 18 years of age. This subsection shall apply | 10 | | only to leases or other rental arrangements entered into after | 11 | | January 1, 2009 (the effective date of Public Act 95-820). | 12 | | (c-7) It is unlawful for a child sex offender to knowingly | 13 | | offer or provide any programs or services to persons under 18 | 14 | | years of age in his or her residence or the residence of | 15 | | another or in any facility for the purpose of offering or | 16 | | providing such programs or services, whether such programs or | 17 | | services are offered or provided by contract, agreement, | 18 | | arrangement, or on a volunteer basis. | 19 | | (c-8) It is unlawful for a child sex offender to knowingly | 20 | | operate, whether authorized to do so or not, any of the | 21 | | following vehicles: (1) a vehicle which is specifically | 22 | | designed, constructed or modified and equipped to be used for | 23 | | the retail sale of food or beverages, including but not | 24 | | limited to an ice cream truck; (2) an authorized emergency | 25 | | vehicle; or (3) a rescue vehicle. | 26 | | (d) Definitions. In this Section:
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| 1 | | (1) "Child sex offender" means any person who:
| 2 | | (i) has been charged under Illinois law, or any | 3 | | substantially similar
federal law
or law of another | 4 | | state, with a sex offense set forth in
paragraph (2) of | 5 | | this subsection (d) or the attempt to commit an | 6 | | included sex
offense, and the victim is a person under | 7 | | 18 years of age at the time of the offense; and:
| 8 | | (A) is convicted of such offense or an attempt | 9 | | to commit such offense;
or
| 10 | | (B) is found not guilty by reason of insanity | 11 | | of such offense or an
attempt to commit such | 12 | | offense; or
| 13 | | (C) is found not guilty by reason of insanity | 14 | | pursuant to subsection
(c) of Section 104-25 of | 15 | | the Code of Criminal Procedure of 1963 of such | 16 | | offense
or an attempt to commit such offense; or
| 17 | | (D) is the subject of a finding not resulting | 18 | | in an acquittal at a
hearing conducted pursuant to | 19 | | subsection (a) of Section 104-25 of the Code of
| 20 | | Criminal Procedure of 1963 for the alleged | 21 | | commission or attempted commission
of such | 22 | | offense; or
| 23 | | (E) is found not guilty by reason of insanity | 24 | | following a hearing
conducted pursuant to a | 25 | | federal law or the law of another state | 26 | | substantially
similar to subsection (c) of Section |
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| 1 | | 104-25 of the Code of Criminal Procedure
of 1963 | 2 | | of such offense or of the attempted commission of | 3 | | such offense; or
| 4 | | (F) is the subject of a finding not resulting | 5 | | in an acquittal at a
hearing
conducted pursuant to | 6 | | a federal law or the law of another state | 7 | | substantially
similar to subsection (a) of Section | 8 | | 104-25 of the Code of Criminal Procedure
of 1963 | 9 | | for the alleged violation or attempted commission | 10 | | of such offense; or
| 11 | | (ii) is certified as a sexually dangerous person | 12 | | pursuant to the
Illinois
Sexually Dangerous Persons | 13 | | Act, or any substantially similar federal
law or the | 14 | | law of another state, when any conduct giving rise to | 15 | | such
certification is committed or attempted against a | 16 | | person less than 18 years of
age; or
| 17 | | (iii) is subject to the provisions of Section 2 of | 18 | | the Interstate
Agreements on Sexually Dangerous | 19 | | Persons Act.
| 20 | | Convictions that result from or are connected with the | 21 | | same act, or result
from offenses committed at the same | 22 | | time, shall be counted for the purpose of
this Section as | 23 | | one conviction. Any conviction set aside pursuant to law | 24 | | is
not a conviction for purposes of this Section.
| 25 | | (2) Except as otherwise provided in paragraph (2.5), | 26 | | "sex offense"
means:
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| 1 | | (i) A violation of any of the following Sections | 2 | | of the Criminal Code of
1961 or the Criminal Code of | 3 | | 2012: 10-4 (forcible detention), 10-7 (aiding or | 4 | | abetting child abduction under Section 10-5(b)(10)),
| 5 | | 10-5(b)(10) (child luring), 11-1.40 (predatory | 6 | | criminal sexual assault of a child), 11-6 (indecent | 7 | | solicitation of a child), 11-6.5
(indecent | 8 | | solicitation of an adult),
11-9.1 (sexual exploitation | 9 | | of a child), 11-9.2 (custodial sexual misconduct), | 10 | | 11-9.5 (sexual misconduct with a person with a | 11 | | disability), 11-11 (sexual relations within families), | 12 | | 11-14.3(a)(1) (promoting prostitution by advancing | 13 | | prostitution), 11-14.3(a)(2)(A) (promoting | 14 | | prostitution by profiting from prostitution by | 15 | | compelling a person to be a prostitute), | 16 | | 11-14.3(a)(2)(C) (promoting prostitution by profiting | 17 | | from prostitution by means other than as described in | 18 | | subparagraphs (A) and (B) of paragraph (2) of | 19 | | subsection (a) of Section 11-14.3), 11-14.4 (promoting | 20 | | juvenile prostitution), 11-18.1
(patronizing a | 21 | | juvenile prostitute), 11-20.1 (child pornography), | 22 | | 11-20.1B (aggravated child pornography), 11-21 | 23 | | (harmful
material), 11-25 (grooming), 11-26 (traveling | 24 | | to meet a minor or traveling to meet a child), 12-33 | 25 | | (ritualized abuse of a
child), 11-20 (obscenity) (when | 26 | | that offense was committed in any school, on
real |
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| 1 | | property comprising any school, in any conveyance | 2 | | owned,
leased, or contracted by a school to transport | 3 | | students to or from school or a
school related | 4 | | activity, or in a public park), 11-30 (public | 5 | | indecency) (when committed in a school, on real | 6 | | property
comprising a school, in any conveyance owned, | 7 | | leased, or contracted by a
school to transport | 8 | | students to or from school or a school related | 9 | | activity, or in a public park). An attempt to commit | 10 | | any of these offenses.
| 11 | | (ii) A violation of any of the following Sections | 12 | | of the Criminal Code
of 1961 or the Criminal Code of | 13 | | 2012, when the victim is a person under 18 years of | 14 | | age: 11-1.20 (criminal
sexual assault), 11-1.30 | 15 | | (aggravated criminal sexual assault), 11-1.50 | 16 | | (criminal
sexual abuse), 11-1.60 (aggravated criminal | 17 | | sexual abuse). An attempt to commit
any of these | 18 | | offenses.
| 19 | | (iii) A violation of any of the following Sections | 20 | | of the Criminal Code
of 1961 or the Criminal Code of | 21 | | 2012, when the victim is a person under 18 years of age | 22 | | and the defendant is
not a parent of the victim:
| 23 | | 10-1 (kidnapping),
| 24 | | 10-2 (aggravated kidnapping),
| 25 | | 10-3 (unlawful restraint),
| 26 | | 10-3.1 (aggravated unlawful restraint),
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| 1 | | 11-9.1(A) (permitting sexual abuse of a child). | 2 | | An attempt to commit any of these offenses.
| 3 | | (iv) A violation of any former law of this State | 4 | | substantially
equivalent to any offense listed in | 5 | | clause (2)(i) or (2)(ii) of subsection (d) of this
| 6 | | Section.
| 7 | | (2.5) For the purposes of subsections (b-5) and (b-10) | 8 | | only, a sex offense means:
| 9 | | (i) A violation of any of the following Sections | 10 | | of the Criminal Code of
1961 or the Criminal Code of | 11 | | 2012:
| 12 | | 10-5(b)(10) (child luring), 10-7 (aiding or | 13 | | abetting child abduction
under Section 10-5(b)(10)), | 14 | | 11-1.40 (predatory criminal sexual assault of a | 15 | | child), 11-6 (indecent solicitation of
a
child), | 16 | | 11-6.5 (indecent solicitation of an adult), 11-9.2 | 17 | | (custodial sexual misconduct), 11-9.5 (sexual | 18 | | misconduct with a person with a disability), 11-11 | 19 | | (sexual relations within families), 11-14.3(a)(1) | 20 | | (promoting prostitution by advancing prostitution), | 21 | | 11-14.3(a)(2)(A) (promoting prostitution by profiting | 22 | | from prostitution by compelling a person to be a | 23 | | prostitute), 11-14.3(a)(2)(C) (promoting prostitution | 24 | | by profiting from prostitution by means other than as | 25 | | described in subparagraphs (A) and (B) of paragraph | 26 | | (2) of subsection (a) of Section 11-14.3), 11-14.4 |
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| 1 | | (promoting juvenile prostitution), 11-18.1
| 2 | | (patronizing a juvenile prostitute), 11-20.1 (child | 3 | | pornography), 11-20.1B (aggravated child pornography), | 4 | | 11-25 (grooming), 11-26 (traveling to meet a minor or | 5 | | traveling to meet a child), or 12-33 (ritualized abuse | 6 | | of a
child). An attempt
to commit any of
these | 7 | | offenses.
| 8 | | (ii) A violation of any of the following Sections | 9 | | of the Criminal Code
of 1961 or the Criminal Code of | 10 | | 2012, when the victim is a person under 18 years of | 11 | | age: 11-1.20 (criminal
sexual assault), 11-1.30 | 12 | | (aggravated criminal sexual assault), 11-1.60
| 13 | | (aggravated criminal sexual abuse), and subsection (a) | 14 | | of Section 11-1.50
(criminal sexual abuse). An attempt | 15 | | to commit
any of these offenses.
| 16 | | (iii) A violation of any of the following Sections | 17 | | of the Criminal Code
of 1961 or the Criminal Code of | 18 | | 2012, when the victim is a person under 18 years of age | 19 | | and the defendant is
not a parent of the victim:
| 20 | | 10-1 (kidnapping),
| 21 | | 10-2 (aggravated kidnapping),
| 22 | | 10-3 (unlawful restraint),
| 23 | | 10-3.1 (aggravated unlawful restraint),
| 24 | | 11-9.1(A) (permitting sexual abuse of a child). | 25 | | An attempt to commit any of these offenses.
| 26 | | (iv) A violation of any former law of this State |
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| 1 | | substantially
equivalent to any offense listed in this | 2 | | paragraph (2.5) of
this subsection.
| 3 | | (3) A conviction for an offense of federal law or the | 4 | | law of another state
that is substantially equivalent to | 5 | | any offense listed in paragraph (2) of
subsection (d) of | 6 | | this Section shall constitute a conviction for the purpose | 7 | | of
this Section. A finding or adjudication as a sexually | 8 | | dangerous person under
any federal law or law of another | 9 | | state that is substantially equivalent to the
Sexually | 10 | | Dangerous Persons Act shall constitute an adjudication for | 11 | | the
purposes of this Section.
| 12 | | (4) "Authorized emergency vehicle", "rescue vehicle", | 13 | | and "vehicle" have the meanings ascribed to them in | 14 | | Sections 1-105, 1-171.8 and 1-217, respectively, of the | 15 | | Illinois Vehicle Code. | 16 | | (5) "Child care institution" has the meaning ascribed | 17 | | to it in Section 2.06 of the Child Care Act of 1969. | 18 | | (6) "Day care center" has the meaning ascribed to it | 19 | | in Section 2.09 of the Child Care Act of 1969. | 20 | | (7) "Day care home" has the meaning ascribed to it in | 21 | | Section 2.18 of the Child Care Act of 1969. | 22 | | (8) "Facility providing programs or services directed | 23 | | towards persons under the age of 18" means any facility | 24 | | providing programs or services exclusively directed | 25 | | towards persons under the age of 18. | 26 | | (9) "Group day care home" has the meaning ascribed to |
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| 1 | | it in Section 2.20 of the Child Care Act of 1969. | 2 | | (10) "Internet" has the meaning set forth in Section | 3 | | 16-0.1 of this Code.
| 4 | | (11) "Loiter" means:
| 5 | | (i) Standing, sitting idly, whether or not the | 6 | | person is in a vehicle, or
remaining in or around | 7 | | school or public park property.
| 8 | | (ii) Standing, sitting idly, whether or not the | 9 | | person is in a vehicle,
or remaining in or around | 10 | | school or public park property, for the purpose of | 11 | | committing or
attempting to commit a sex offense.
| 12 | | (iii) Entering or remaining in a building in or | 13 | | around school property, other than the offender's | 14 | | residence. | 15 | | (12) "Part day child care facility" has the meaning | 16 | | ascribed to it in Section 2.10 of the Child Care Act of | 17 | | 1969. | 18 | | (13) "Playground" means a piece of land owned or | 19 | | controlled by a unit
of
local government that is | 20 | | designated by the unit of local government for use
solely | 21 | | or primarily for children's recreation. | 22 | | (14) "Public park" includes a park, forest preserve, | 23 | | bikeway, trail, or
conservation
area
under the | 24 | | jurisdiction of the State or a unit of local government. | 25 | | (15) "School" means a public or private preschool or | 26 | | elementary or secondary school. |
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| 1 | | (16) "School official"
means the principal, a teacher, | 2 | | or any other certified employee of the
school, the | 3 | | superintendent of schools or a member of the school board.
| 4 | | (e) For the purposes of this Section, the 500 feet | 5 | | distance shall be measured from: (1) the edge of the property | 6 | | of the school building or the real property comprising the | 7 | | school that is closest to the edge of the property of the child | 8 | | sex offender's residence or where he or she is loitering, and | 9 | | (2) the edge of the property comprising the public park | 10 | | building or the real property comprising the public park, | 11 | | playground, child care institution, day care center, part day | 12 | | child care facility, or facility providing programs or | 13 | | services exclusively directed toward persons under 18 years of | 14 | | age, or a victim of the sex offense who is under 21 years of | 15 | | age, to the edge of the child sex offender's place of residence | 16 | | or place where he or she is loitering.
| 17 | | (f) Sentence. A person who violates this Section is guilty | 18 | | of a Class 4
felony.
| 19 | | (Source: P.A. 102-997, eff. 1-1-23 .) | 20 | | Section 10. The Sex Offender Registration Act is amended | 21 | | by changing Sections 3, 6, and 8 as follows: | 22 | | (730 ILCS 150/3) | 23 | | Sec. 3. Duty to register.
| 24 | | (a) A sex offender, as defined in Section 2 of this Act, or |
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| 1 | | sexual
predator shall, within the time period
prescribed in | 2 | | subsections (b) and (c), register in person
and provide | 3 | | accurate information as required by the Illinois State
Police. | 4 | | Such information shall include a current photograph,
current | 5 | | address,
current place of employment, the sex offender's or | 6 | | sexual predator's telephone number, including cellular | 7 | | telephone number, the employer's telephone number, school | 8 | | attended, all e-mail addresses, instant messaging identities, | 9 | | chat room identities, and other Internet communications | 10 | | identities that the sex offender uses or plans to use, all | 11 | | Uniform Resource Locators (URLs) registered or used by the sex | 12 | | offender, all blogs and other Internet sites maintained by the | 13 | | sex offender or to which the sex offender has uploaded any | 14 | | content or posted any messages or information, extensions of | 15 | | the time period for registering as provided in this Article | 16 | | and, if an extension was granted, the reason why the extension | 17 | | was granted and the date the sex offender was notified of the | 18 | | extension. The information shall also include a copy of the | 19 | | terms and conditions of parole or release signed by the sex | 20 | | offender and given to the sex offender by his or her | 21 | | supervising officer or aftercare specialist, the county of | 22 | | conviction, license plate numbers for every vehicle registered | 23 | | in the name of the sex offender, the age of the sex offender at | 24 | | the time of the commission of the offense, the age of the | 25 | | victim at the time of the commission of the offense, and any | 26 | | distinguishing marks located on the body of the sex offender. |
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| 1 | | A sex offender convicted under Section 11-6, 11-20.1, | 2 | | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the | 3 | | Criminal Code of 2012 shall provide all Internet protocol (IP) | 4 | | addresses in his or her residence, registered in his or her | 5 | | name, accessible at his or her place of employment, or | 6 | | otherwise under his or her control or custody. If the sex | 7 | | offender is a child sex offender as defined in Section 11-9.3 | 8 | | or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of | 9 | | 2012, the sex offender shall report to the registering agency | 10 | | whether he or she is living in a household with a child under | 11 | | 18 years of age who is not his or her own child, provided that | 12 | | his or her own child is not the victim of the sex offense. The | 13 | | sex offender or
sexual predator shall register:
| 14 | | (1) with the chief of police in the municipality in | 15 | | which he or she
resides or is temporarily domiciled for a | 16 | | period of time of 3 or more
days, unless the
municipality | 17 | | is the City of Chicago, in which case he or she shall | 18 | | register
at a fixed location designated by the | 19 | | Superintendent of the Chicago Police Department; or
| 20 | | (2) with the sheriff in the county in which
he or she | 21 | | resides or is
temporarily domiciled
for a period of time | 22 | | of 3 or more days in an unincorporated
area or, if | 23 | | incorporated, no police chief exists.
| 24 | | If the sex offender or sexual predator is employed at or | 25 | | attends an institution of higher education, he or she shall | 26 | | also register:
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| 1 | | (i) with: | 2 | | (A) the chief of police in the municipality in | 3 | | which he or she is employed at or attends an | 4 | | institution of higher education, unless the | 5 | | municipality is the City of Chicago, in which case he | 6 | | or she shall register at a fixed location designated | 7 | | by the Superintendent of the Chicago Police | 8 | | Department; or | 9 | | (B) the sheriff in the county in which he or she is | 10 | | employed or attends an institution of higher education | 11 | | located in an unincorporated area, or if incorporated, | 12 | | no police chief exists; and
| 13 | | (ii) with the public safety or security director of | 14 | | the institution of higher education which he or she is | 15 | | employed at or attends.
| 16 | | The registration fees shall only apply to the municipality | 17 | | or county of primary registration, and not to campus | 18 | | registration. | 19 | | For purposes of this Article, the place of residence or | 20 | | temporary
domicile is defined as any and all places where the | 21 | | sex offender resides
for an aggregate period of time of 3 or | 22 | | more days during any calendar year.
Any person required to | 23 | | register under this Article who lacks a fixed address or | 24 | | temporary domicile must notify, in person, the agency of | 25 | | jurisdiction of his or her last known address within 3 days | 26 | | after ceasing to have a fixed residence. |
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| 1 | | A sex offender or sexual predator who is temporarily | 2 | | absent from his or her current address of registration for 3 or | 3 | | more days shall notify the law enforcement agency having | 4 | | jurisdiction of his or her current registration, including the | 5 | | itinerary for travel, in the manner provided in Section 6 of | 6 | | this Act for notification to the law enforcement agency having | 7 | | jurisdiction of change of address. | 8 | | Any person who lacks a fixed residence must report weekly, | 9 | | in person, with the sheriff's office of the county in which he | 10 | | or she is located in an unincorporated area, or with the chief | 11 | | of police in the municipality in which he or she is located. | 12 | | The agency of jurisdiction will document each weekly | 13 | | registration to include all the locations where the person has | 14 | | stayed during the past 7 days.
| 15 | | The sex offender or sexual predator shall provide accurate | 16 | | information
as required by the Illinois State Police. That | 17 | | information shall include
the sex offender's or sexual | 18 | | predator's current place of employment.
| 19 | | (a-5) An out-of-state student or out-of-state employee | 20 | | shall,
within 3 days after beginning school or employment in | 21 | | this State,
register in person and provide accurate | 22 | | information as required by the Illinois
State Police. Such | 23 | | information will include current place of
employment, school | 24 | | attended, and address in state of residence. A sex offender | 25 | | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | 26 | | 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012 |
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| 1 | | shall provide all Internet protocol (IP) addresses in his or | 2 | | her residence, registered in his or her name, accessible at | 3 | | his or her place of employment, or otherwise under his or her | 4 | | control or custody. The out-of-state student or out-of-state | 5 | | employee shall register:
| 6 | | (1) with: | 7 | | (A) the chief of police in the municipality in | 8 | | which he or she attends school or is employed for a | 9 | | period of time of 5
or more days or for an
aggregate | 10 | | period of time of more than 30 days during any
calendar | 11 | | year, unless the
municipality is the City of Chicago, | 12 | | in which case he or she shall register at
a fixed | 13 | | location designated by the Superintendent of the | 14 | | Chicago Police Department; or
| 15 | | (B) the sheriff in the county in which
he or she | 16 | | attends school or is
employed for a period of time of 5 | 17 | | or more days or
for an aggregate period of
time of more | 18 | | than 30 days during any calendar year in an
| 19 | | unincorporated area
or, if incorporated, no police | 20 | | chief exists; and | 21 | | (2) with the public safety or security director of the | 22 | | institution of higher education he or she is employed at | 23 | | or attends for a period of time of 5 or more days or for an | 24 | | aggregate period of time of more than 30 days during a | 25 | | calendar year. | 26 | | The registration fees shall only apply to the municipality |
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| 1 | | or county of primary registration, and not to campus | 2 | | registration. | 3 | | The out-of-state student or out-of-state employee shall | 4 | | provide accurate
information as required by the Illinois State | 5 | | Police. That information
shall include the out-of-state | 6 | | student's current place of school attendance or
the | 7 | | out-of-state employee's current place of employment.
| 8 | | (a-10) Any law enforcement agency registering sex | 9 | | offenders or sexual predators in accordance with subsections | 10 | | (a) or (a-5) of this Section shall forward to the Attorney | 11 | | General a copy of sex offender registration forms from persons | 12 | | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | 13 | | 11-21 of the Criminal Code of 1961 or the Criminal Code of | 14 | | 2012, including periodic and annual registrations under | 15 | | Section 6 of this Act. | 16 | | (b) Any sex offender, as defined in Section 2 of this Act, | 17 | | or sexual
predator, regardless of any initial,
prior, or other | 18 | | registration, shall, within 3 days of beginning school,
or | 19 | | establishing a
residence, place of employment, or temporary | 20 | | domicile in
any county, register in person as set forth in | 21 | | subsection (a)
or (a-5).
| 22 | | (c) The registration for any person required to register | 23 | | under this
Article shall be as follows:
| 24 | | (1) Any person registered under the Habitual Child Sex | 25 | | Offender
Registration Act or the Child Sex Offender | 26 | | Registration Act prior to January
1, 1996, shall be deemed |
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| 1 | | initially registered as of January 1, 1996; however,
this | 2 | | shall not be construed to extend the duration of | 3 | | registration set forth
in Section 7.
| 4 | | (2) Except as provided in subsection (c)(2.1) or | 5 | | (c)(4), any person convicted or
adjudicated prior to | 6 | | January 1, 1996, whose liability for registration under
| 7 | | Section 7 has not expired, shall register in person prior | 8 | | to January 31,
1996.
| 9 | | (2.1) A sex offender or sexual predator, who has never | 10 | | previously been required to register under this Act, has a | 11 | | duty to register if the person has been convicted of any | 12 | | felony offense after July 1, 2011. A person who previously | 13 | | was required to register under this Act for a period of 10 | 14 | | years and successfully completed that registration period | 15 | | has a duty to register if: (i) the person has been | 16 | | convicted of any felony offense after July 1, 2011, and | 17 | | (ii) the offense for which the 10 year registration was | 18 | | served currently requires a registration period of more | 19 | | than 10 years. Notification of an offender's duty to | 20 | | register under this subsection shall be pursuant to | 21 | | Section 5-7 of this Act. | 22 | | (2.5) Except as provided in subsection (c)(4), any | 23 | | person who has not
been notified of his or her | 24 | | responsibility to register shall be notified by a
criminal | 25 | | justice entity of his or her responsibility to register. | 26 | | Upon
notification the person must then register within 3 |
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| 1 | | days of notification of
his or her requirement to | 2 | | register. Except as provided in subsection (c)(2.1), if | 3 | | notification is not made within the
offender's 10 year | 4 | | registration requirement, and the Illinois State
Police | 5 | | determines no evidence exists or indicates the offender | 6 | | attempted to
avoid registration, the offender will no | 7 | | longer be required to register under
this Act.
| 8 | | (3) Except as provided in subsection (c)(4), any | 9 | | person convicted on
or after January 1, 1996, shall | 10 | | register in person within 3 days after the
entry of the | 11 | | sentencing 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 | 14 | | confined, institutionalized,
or imprisoned in Illinois on | 15 | | or after January 1, 1996, shall register in person
within | 16 | | 3 days of 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.
If the person lacks a fixed
| 20 | | residence, he or she shall not have to provide
| 21 | | documentation of the registering address. | 22 | | (6) The person shall pay a $100
initial registration | 23 | | fee and
a $100
annual
renewal fee to the registering law | 24 | | enforcement agency having jurisdiction.
The registering | 25 | | agency may waive the registration fee
if it determines | 26 | | that the person is indigent and unable to pay the |
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| 1 | | registration
fee. Thirty-five
dollars for the initial | 2 | | registration fee and $35 of the annual renewal fee
shall | 3 | | be retained and used by the registering agency for | 4 | | official purposes. Having retained $35 of the initial | 5 | | registration fee and $35 of the annual renewal fee, the | 6 | | registering agency shall remit the remainder of the fee to | 7 | | State agencies within 30 days of receipt for deposit into | 8 | | the State funds as follows: | 9 | | (A) Five dollars of
the initial registration fee | 10 | | and $5 of the annual fee shall be remitted to the State | 11 | | Treasurer who shall deposit the moneys into
the Sex | 12 | | Offender Management Board Fund under Section 19 of the | 13 | | Sex Offender
Management Board Act. Money deposited | 14 | | into the Sex Offender Management Board
Fund shall be | 15 | | administered by the Sex Offender Management Board and | 16 | | shall be
used by the Board to comply with the | 17 | | provisions of the Sex Offender Management Board Act. | 18 | | (B)
Thirty dollars of the initial registration fee | 19 | | and $30 of the annual renewal fee shall be remitted to | 20 | | the Illinois State Police which shall deposit the | 21 | | moneys into the Offender Registration Fund. | 22 | | (C) Thirty dollars of the initial registration fee | 23 | | and $30 of the annual renewal fee shall be remitted to | 24 | | the Attorney General who shall deposit the moneys into | 25 | | the Attorney General Sex Offender Awareness, Training, | 26 | | and Education Fund. Moneys deposited into the Fund |
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| 1 | | shall be used by the Attorney General to administer | 2 | | the I-SORT program and to alert and educate the | 3 | | public, victims, and witnesses of their rights under | 4 | | various victim notification laws and for training law | 5 | | enforcement agencies, State's Attorneys, and medical | 6 | | providers of their legal duties concerning the | 7 | | prosecution and investigation of sex offenses. | 8 | | The registering agency shall establish procedures to | 9 | | document the receipt and remittance of the $100 initial | 10 | | registration fee and $100 annual renewal fee. | 11 | | (d) Within 3 days after obtaining or changing employment | 12 | | and, if employed
on January 1, 2000, within 5 days after that | 13 | | date, a person required to
register under this Section must | 14 | | report, in person to the law
enforcement agency having | 15 | | jurisdiction, the business name and address where he
or she is | 16 | | employed. If the person has multiple businesses or work | 17 | | locations,
every business and work location must be reported | 18 | | to the law enforcement agency
having jurisdiction.
| 19 | | (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
| 20 | | (730 ILCS 150/6)
| 21 | | Sec. 6. Duty to report; change of address, school, or | 22 | | employment; duty
to inform.
A person who has been adjudicated | 23 | | to be sexually dangerous or is a sexually
violent person and is | 24 | | later released, or found to be no longer sexually
dangerous or | 25 | | no longer a sexually violent person and discharged, or |
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| 1 | | convicted of a violation of this Act after July 1, 2005, shall | 2 | | report in
person to the law enforcement agency with whom he or | 3 | | she last registered no
later than 90 days after the date of his | 4 | | or her last registration and every 90
days thereafter and at | 5 | | such other times at the request of the law enforcement agency | 6 | | not to exceed 4 times a year. Such sexually dangerous or | 7 | | sexually
violent person must report all new or changed e-mail | 8 | | addresses, all new or changed instant messaging identities, | 9 | | all new or changed chat room identities, and all other new or | 10 | | changed Internet communications identities that the sexually | 11 | | dangerous or sexually
violent person uses or plans to use, all | 12 | | new or changed Uniform Resource Locators (URLs) registered or | 13 | | used by the sexually dangerous or sexually
violent person, and | 14 | | all new or changed blogs and other Internet sites maintained | 15 | | by the sexually dangerous or sexually
violent person or to | 16 | | which the sexually dangerous or sexually
violent person has | 17 | | uploaded any content or posted any messages or information. | 18 | | Any person who lacks a fixed residence must report weekly, in | 19 | | person, to the appropriate law enforcement agency where the | 20 | | sex offender is located. Any other person who is required to | 21 | | register under this
Article shall report in person to the | 22 | | appropriate law enforcement agency with
whom he or she last | 23 | | registered within one year from the date of last
registration | 24 | | and every year thereafter and at such other times at the | 25 | | request of the law enforcement agency not to exceed 4 times a | 26 | | year. If any person required to register under this Article |
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| 1 | | lacks a fixed residence or temporary domicile, he or she must | 2 | | notify, in person, the agency of jurisdiction of his or her | 3 | | last known address within 3 days after ceasing to have a fixed | 4 | | residence and if the offender leaves the last jurisdiction of | 5 | | residence, he or she, must within 3 days after leaving | 6 | | register in person with the new agency of jurisdiction. If any | 7 | | other person required to register
under this Article changes | 8 | | his or her residence address, place of
employment,
telephone | 9 | | number, cellular telephone number, or school, he or she shall | 10 | | report in
person, to the law
enforcement agency
with whom he or | 11 | | she last registered, his or her new address, change in
| 12 | | employment, telephone number, cellular telephone number, or | 13 | | school, all new or changed e-mail addresses, all new or | 14 | | changed instant messaging identities, all new or changed chat | 15 | | room identities, and all other new or changed Internet | 16 | | communications identities that the sex offender uses or plans | 17 | | to use, all new or changed Uniform Resource Locators (URLs) | 18 | | registered or used by the sex offender, and all new or changed | 19 | | blogs and other Internet sites maintained by the sex offender | 20 | | or to which the sex offender has uploaded any content or posted | 21 | | any messages or information, and register, in person, with the | 22 | | appropriate law enforcement
agency within the
time period | 23 | | specified in Section 3. If the sex offender is a child sex | 24 | | offender as defined in Section 11-9.3 or 11-9.4 of the | 25 | | Criminal Code of 1961 or the Criminal Code of 2012, the sex | 26 | | offender shall within 3 days after beginning to reside in a |
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| 1 | | household with a child under 18 years of age who is not his or | 2 | | her own child, provided that his or her own child is not the | 3 | | victim of the sex offense, report that information to the | 4 | | registering law enforcement agency. The law enforcement agency | 5 | | shall, within 3
days of the reporting in person by the person | 6 | | required to register under this Article, notify the Illinois | 7 | | State Police of the new place of residence, change in
| 8 | | employment, telephone number, cellular telephone number, or | 9 | | school. | 10 | | If any person required to register under this Article | 11 | | intends to establish a
residence or employment outside of the | 12 | | State of Illinois, at least 10 days
before establishing that | 13 | | residence or employment, he or she shall report in person to | 14 | | the law enforcement agency with which he or she last | 15 | | registered of his
or her out-of-state intended residence or | 16 | | employment. The law enforcement agency with
which such person | 17 | | last registered shall, within 3 days after the reporting in | 18 | | person of the person required to register under this Article | 19 | | of an address or
employment change, notify the Illinois State | 20 | | Police. The Illinois State Police shall forward such | 21 | | information to the out-of-state law enforcement
agency having | 22 | | jurisdiction in the form and manner prescribed by the
Illinois | 23 | | State Police. | 24 | | (Source: P.A. 102-538, eff. 8-20-21.)
| 25 | | (730 ILCS 150/8) (from Ch. 38, par. 228)
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| 1 | | Sec. 8. Registration and DNA submission requirements. | 2 | | (a) Registration. Registration as required by this
Article | 3 | | shall consist of a statement in writing signed by the person | 4 | | giving the
information that is required by the Illinois State | 5 | | Police, which may
include the fingerprints and must include a | 6 | | current photograph of the person, to be updated annually. If | 7 | | the sex offender is a child sex offender as defined in Section | 8 | | 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal | 9 | | Code of 2012, he or she shall sign a statement that he or she | 10 | | understands that according to Illinois law as a child sex | 11 | | offender he or she may not reside within 250 500 feet of a | 12 | | school , park, or playground. The offender may also not reside | 13 | | within 250 500 feet of a facility providing services directed | 14 | | exclusively toward persons under 18 years of age unless the | 15 | | sex offender meets specified exemptions. The
registration
| 16 | | information must include whether the person is a sex offender | 17 | | as
defined
in the Sex Offender Community Notification
Law. | 18 | | Within 3
days, the
registering law enforcement agency shall | 19 | | forward any
required information to the Illinois State Police. | 20 | | The registering
law enforcement agency shall
enter the | 21 | | information into the Law Enforcement Agencies Data System | 22 | | (LEADS) as
provided in Sections 6 and 7 of the | 23 | | Intergovernmental Missing Child Recovery
Act of 1984.
| 24 | | (b) DNA submission. Every person registering as a sex | 25 | | offender pursuant to this Act, regardless of the date of | 26 | | conviction or the date of initial registration who is required |
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| 1 | | to submit specimens of blood, saliva, or tissue for DNA | 2 | | analysis as required by subsection (a) of Section 5-4-3 of the | 3 | | Unified Code of Corrections shall submit the specimens as | 4 | | required by that Section. Registered sex offenders who have | 5 | | previously submitted a DNA specimen which has been uploaded to | 6 | | the Illinois DNA database shall not be required to submit an | 7 | | additional specimen pursuant to this Section. | 8 | | (Source: P.A. 102-538, eff. 8-20-21.)
| 9 | | Section 15. The Murderer and Violent Offender Against | 10 | | Youth Registration Act is amended by changing Section 10 as | 11 | | follows: | 12 | | (730 ILCS 154/10)
| 13 | | Sec. 10. Duty to register. | 14 | | (a) A violent offender against youth shall, within the | 15 | | time period
prescribed in subsections (b) and (c), register in | 16 | | person
and provide accurate information as required by the | 17 | | Illinois State
Police. Such information shall include a | 18 | | current photograph,
current address,
current place of | 19 | | employment, the employer's telephone number, school attended, | 20 | | extensions of the time period for registering as provided in | 21 | | this Act and, if an extension was granted, the reason why the | 22 | | extension was granted and the date the violent offender | 23 | | against youth was notified of the extension. A person who has | 24 | | been adjudicated a juvenile delinquent for an act which, if |
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| 1 | | committed by an adult, would be a violent offense against | 2 | | youth shall register as an adult violent offender against | 3 | | youth within 10 days after attaining 17 years of age. The | 4 | | violent offender against youth shall register:
| 5 | | (1) with the chief of police in the municipality in | 6 | | which he or she
resides or is temporarily domiciled for a | 7 | | period of time of 5 or more
days, unless the
municipality | 8 | | is the City of Chicago, in which case he or she shall | 9 | | register
at a fixed location designated by the | 10 | | Superintendent of the Chicago Police Department; or
| 11 | | (2) with the sheriff in the county in which
he or she | 12 | | resides or is
temporarily domiciled
for a period of time | 13 | | of 5 or more days in an unincorporated
area or, if | 14 | | incorporated, no police chief exists.
| 15 | | If the violent offender against youth is employed at or | 16 | | attends an institution of higher education, he or she shall | 17 | | register:
| 18 | | (i) with the chief of police in the municipality in | 19 | | which he or she is employed at or attends an institution of | 20 | | higher education, unless the municipality is the City of | 21 | | Chicago, in which case he or she shall register at a fixed | 22 | | location designated by the Superintendent of the Chicago | 23 | | Police Department; or | 24 | | (ii) with the sheriff in the county in which he or she | 25 | | is employed or attends an institution of higher education | 26 | | located in an unincorporated area, or if incorporated, no |
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| 1 | | police chief exists.
| 2 | | For purposes of this Act, the place of residence or | 3 | | temporary
domicile is defined as any and all places where the | 4 | | violent offender against youth resides
for an aggregate period | 5 | | of time of 5 or more days during any calendar year.
Any person | 6 | | required to register under this Act who lacks a fixed address | 7 | | or temporary domicile must notify, in person, the agency of | 8 | | jurisdiction of his or her last known address within 5 days | 9 | | after ceasing to have a fixed residence. | 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 violent offender against youth shall provide accurate | 18 | | information
as required by the Illinois State Police. That | 19 | | information shall include
the current place of employment of | 20 | | the violent offender against youth.
| 21 | | (a-5) An out-of-state student or out-of-state employee | 22 | | shall,
within 5 days after beginning school or employment in | 23 | | this State,
register in person and provide accurate | 24 | | information as required by the Illinois
State Police. Such | 25 | | information will include current place of
employment, school | 26 | | attended, and address in state of residence. The out-of-state |
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| 1 | | student or out-of-state employee shall register:
| 2 | | (1) with the chief of police in the municipality in | 3 | | which he or she attends school or is employed for a period | 4 | | of time of 5
or more days or for an
aggregate period of | 5 | | time of more than 30 days during any
calendar year, unless | 6 | | the
municipality is the City of Chicago, in which case he | 7 | | or she shall register at
a fixed location designated by | 8 | | the Superintendent of the Chicago Police Department; or
| 9 | | (2) with the sheriff in the county in which
he or she | 10 | | attends school or is
employed for a period of time of 5 or | 11 | | more days or
for an aggregate period of
time of more than | 12 | | 30 days during any calendar year in an
unincorporated area
| 13 | | or, if incorporated, no police chief exists. | 14 | | The out-of-state student or out-of-state employee shall | 15 | | provide accurate
information as required by the Illinois State | 16 | | Police. That information
shall include the out-of-state | 17 | | student's current place of school attendance or
the | 18 | | out-of-state employee's current place of employment.
| 19 | | (b) Any violent offender against youth regardless of any | 20 | | initial,
prior, or other registration, shall, within 5 days of | 21 | | beginning school,
or establishing a
residence, place of | 22 | | employment, or temporary domicile in
any county, register in | 23 | | person as set forth in subsection (a)
or (a-5).
| 24 | | (c) The registration for any person required to register | 25 | | under this
Act shall be as follows:
| 26 | | (1) Except as provided in paragraph (3) of this |
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| 1 | | subsection (c), any person who has not
been notified of | 2 | | his or her responsibility to register shall be notified by | 3 | | a
criminal justice entity of his or her responsibility to | 4 | | register. Upon
notification the person must then register | 5 | | within 5 days of notification of
his or her requirement to | 6 | | register. If notification is not made within the
| 7 | | offender's 10 year registration requirement, and the | 8 | | Illinois State
Police determines no evidence exists or | 9 | | indicates the offender attempted to
avoid registration, | 10 | | the offender will no longer be required to register under
| 11 | | this Act.
| 12 | | (2) Except as provided in paragraph (3) of this | 13 | | subsection (c), any person convicted on
or after the | 14 | | effective date of this Act shall register in person within | 15 | | 5 days after the
entry of the sentencing order based upon | 16 | | his or her conviction.
| 17 | | (3) Any person unable to comply with the registration | 18 | | requirements of
this Act because he or she is confined, | 19 | | institutionalized,
or imprisoned in Illinois on or after | 20 | | the effective date of this Act shall register in person
| 21 | | within 5 days of discharge, parole or release.
| 22 | | (4) The person shall provide positive identification | 23 | | and documentation
that substantiates proof of residence at | 24 | | the registering address.
If the person lacks a fixed
| 25 | | residence, he or she shall not have to provide | 26 | | documentation of the registering address. |
| | | HB3703 | - 37 - | LRB103 29434 RLC 55825 b |
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| 1 | | (5) The person shall pay a $20
initial registration | 2 | | fee and
a $10
annual
renewal fee. The fees shall be | 3 | | deposited into the Offender Registration Fund. The fees | 4 | | shall be used by the registering agency for official
| 5 | | purposes. The agency shall establish procedures to | 6 | | document receipt and use
of the funds.
The law enforcement | 7 | | agency having jurisdiction may waive the registration fee
| 8 | | if it determines that the person is indigent and unable to | 9 | | pay the registration
fee.
| 10 | | (d) Within 5 days after obtaining or changing employment, | 11 | | a person required to
register under this Section must report, | 12 | | in person to the law
enforcement agency having jurisdiction, | 13 | | the business name and address where he
or she is employed. If | 14 | | the person has multiple businesses or work locations,
every | 15 | | business and work location must be reported to the law | 16 | | enforcement agency
having jurisdiction.
| 17 | | (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
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