Full Text of HB4805 101st General Assembly
HB4805 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4805 Introduced 2/18/2020, by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED: |
| 730 ILCS 150/3 | | 730 ILCS 150/7 | from Ch. 38, par. 227 |
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Amends the Sex Offender Registration Act. Provides that the registration period for all sex offenders and sexual predators under the Act shall be for the offender's or predator's natural life (rather than 10 years for some sex offenders) after conviction or adjudication if the sex offender or sexual predator is not confined to a penal institution,
hospital, or other institution or facility, and if confined, for
the period of his or her natural life after parole, discharge, or release from
any such facility. In a provision requiring a person, who previously was required to register for a period of 10 years and successfully completed that registration, to register if the person has been convicted of a felony offense after July 1, 2011, deletes an additional condition that the offense for which the 10-year registration was served currently requires a registration period of more than 10 years.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Sex Offender Registration Act is amended by | 5 | | changing Sections 3 and 7 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, all Uniform Resource Locators (URLs) registered or used | 20 | | by the sex offender, all blogs and other Internet sites | 21 | | maintained by the sex offender or to which the sex offender has | 22 | | uploaded any content or posted any messages or information, | 23 | | extensions of the time period for registering as provided in |
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| 1 | | this Article and, if an extension was granted, the reason why | 2 | | the extension was granted and the date the sex offender was | 3 | | notified of the extension. The information shall also include a | 4 | | copy of the terms and conditions of parole or release signed by | 5 | | the sex offender and given to the sex offender by his or her | 6 | | supervising officer or aftercare specialist, the county of | 7 | | conviction, license plate numbers for every vehicle registered | 8 | | in the name of the sex offender, the age of the sex offender at | 9 | | the time of the commission of the offense, the age of the | 10 | | victim at the time of the commission of the offense, and any | 11 | | distinguishing marks located on the body of the sex offender. A | 12 | | sex offender convicted under Section 11-6, 11-20.1, 11-20.1B, | 13 | | 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal | 14 | | Code of 2012 shall provide all Internet protocol (IP) addresses | 15 | | in his or her residence, registered in his or her name, | 16 | | accessible at his or her place of employment, or otherwise | 17 | | under his or her control or custody. If the sex offender is a | 18 | | child sex offender as defined in Section 11-9.3 or 11-9.4 of | 19 | | the Criminal Code of 1961 or the Criminal Code of 2012, the sex | 20 | | offender shall report to the registering agency whether he or | 21 | | she is living in a household with a child under 18 years of age | 22 | | who is not his or her own child, provided that his or her own | 23 | | child is not the victim of the sex offense. The sex offender or
| 24 | | sexual predator shall register:
| 25 | | (1) with the chief of police in the municipality in | 26 | | which he or she
resides or is temporarily domiciled for a |
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| 1 | | period of time of 3 or more
days, unless the
municipality | 2 | | is the City of Chicago, in which case he or she shall | 3 | | register
at a fixed location designated by the | 4 | | Superintendent of the Chicago Police Department; 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 | | also register:
| 12 | | (i) with: | 13 | | (A) the chief of police in the municipality in | 14 | | which he or she is employed at or attends an | 15 | | institution of higher education, unless the | 16 | | municipality is the City of Chicago, in which case he | 17 | | or she shall register at a fixed location designated by | 18 | | the Superintendent of the Chicago Police Department; | 19 | | or | 20 | | (B) the sheriff in the county in which he or she is | 21 | | employed or attends an institution of higher education | 22 | | located in an unincorporated area, or if incorporated, | 23 | | no police chief exists; and
| 24 | | (ii) with the public safety or security director of the | 25 | | institution of higher education which he or she is employed | 26 | | at or attends.
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| 1 | | The registration fees shall only apply to the municipality | 2 | | or county of primary registration, and not to campus | 3 | | registration. | 4 | | For purposes of this Article, the place of residence or | 5 | | temporary
domicile is defined as any and all places where the | 6 | | sex offender resides
for an aggregate period of time of 3 or | 7 | | more days during any calendar year.
Any person required to | 8 | | register under this Article who lacks a fixed address or | 9 | | temporary domicile must notify, in person, the agency of | 10 | | jurisdiction of his or her last known address within 3 days | 11 | | after ceasing to have a fixed residence. | 12 | | A sex offender or sexual predator who is temporarily absent | 13 | | from his or her current address of registration for 3 or more | 14 | | days shall notify the law enforcement agency having | 15 | | jurisdiction of his or her current registration, including the | 16 | | itinerary for travel, in the manner provided in Section 6 of | 17 | | this Act for notification to the law enforcement agency having | 18 | | jurisdiction of change of address. | 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.
| 26 | | The sex offender or sexual predator shall provide accurate |
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| 1 | | 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.
| 4 | | (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, 11-20.1B, 11-20.3, or 11-21 of the | 11 | | Criminal Code of 1961 or the Criminal Code of 2012 shall | 12 | | provide all Internet protocol (IP) addresses in his or her | 13 | | residence, registered in his or her name, accessible at his or | 14 | | her place of employment, or otherwise under his or her control | 15 | | or custody. The out-of-state student or out-of-state employee | 16 | | shall register:
| 17 | | (1) with: | 18 | | (A) the chief of police in the municipality in | 19 | | which he or she attends school or is employed for a | 20 | | period of time of 5
or more days or for an
aggregate | 21 | | period of time of more than 30 days during any
calendar | 22 | | year, unless the
municipality is the City of Chicago, | 23 | | in which case he or she shall register at
a fixed | 24 | | location designated by the Superintendent of the | 25 | | Chicago Police Department; or
| 26 | | (B) the sheriff in the county in which
he or she |
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| 1 | | attends school or is
employed for a period of time of 5 | 2 | | or more days or
for an aggregate period of
time of more | 3 | | than 30 days during any calendar year in an
| 4 | | unincorporated area
or, if incorporated, no police | 5 | | chief exists; and | 6 | | (2) with the public safety or security director of the | 7 | | institution of higher education he or she is employed at or | 8 | | attends for a period of time of 5 or more days or for an | 9 | | aggregate period of time of more than 30 days during a | 10 | | calendar year. | 11 | | The registration fees shall only apply to the municipality | 12 | | or county of primary registration, and not to campus | 13 | | registration. | 14 | | The out-of-state student or out-of-state employee shall | 15 | | provide accurate
information as required by the Department of | 16 | | State 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 | | (a-10) Any law enforcement agency registering sex | 20 | | offenders or sexual predators in accordance with subsections | 21 | | (a) or (a-5) of this Section shall forward to the Attorney | 22 | | General a copy of sex offender registration forms from persons | 23 | | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | 24 | | 11-21 of the Criminal Code of 1961 or the Criminal Code of | 25 | | 2012, including periodic and annual registrations under | 26 | | Section 6 of this Act. |
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| 1 | | (b) Any sex offender, as defined in Section 2 of this Act, | 2 | | or sexual
predator, regardless of any initial,
prior, or other | 3 | | registration, shall, within 3 days of beginning school,
or | 4 | | establishing a
residence, place of employment, or temporary | 5 | | domicile in
any county, register in person as set forth in | 6 | | subsection (a)
or (a-5).
| 7 | | (c) The registration for any person required to register | 8 | | under this
Article shall be as follows:
| 9 | | (1) Any person registered under the Habitual Child Sex | 10 | | Offender
Registration Act or the Child Sex Offender | 11 | | Registration Act prior to January
1, 1996, shall be deemed | 12 | | initially registered as of January 1, 1996; however,
this | 13 | | shall not be construed to extend the duration of | 14 | | registration set forth
in Section 7.
| 15 | | (2) Except as provided in subsection (c)(2.1) or | 16 | | (c)(4), any person convicted or
adjudicated prior to | 17 | | January 1, 1996, whose liability for registration under
| 18 | | Section 7 has not expired, shall register in person prior | 19 | | to January 31,
1996.
| 20 | | (2.1) A sex offender or sexual predator, who has never | 21 | | previously been required to register under this Act, has a | 22 | | duty to register if the person has been convicted of any | 23 | | felony offense after July 1, 2011. A person who previously | 24 | | was required to register under this Act for a period of 10 | 25 | | years and successfully completed that registration period | 26 | | has a duty to register if : (i) the person has been |
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| 1 | | convicted of any felony offense after July 1, 2011 , and | 2 | | (ii) the offense for which the 10 year registration was | 3 | | served currently requires a registration period of more | 4 | | than 10 years . Notification of an offender's duty to | 5 | | register under this subsection shall be pursuant to Section | 6 | | 5-7 of this Act. | 7 | | (2.5) Except as provided in subsection (c)(4), any | 8 | | person who has not
been notified of his or her | 9 | | responsibility to register shall be notified by a
criminal | 10 | | justice entity of his or her responsibility to register. | 11 | | Upon
notification the person must then register within 3 | 12 | | days of notification of
his or her requirement to register. | 13 | | Except as provided in subsection (c)(2.1), if notification | 14 | | is not made within the
offender's 10 year registration | 15 | | requirement, and the Department of State
Police determines | 16 | | no evidence exists or indicates the offender attempted to
| 17 | | avoid registration, the offender will no longer be required | 18 | | to register under
this Act.
| 19 | | (3) Except as provided in subsection (c)(4), any person | 20 | | convicted on
or after January 1, 1996, shall register in | 21 | | person within 3 days after the
entry of the sentencing | 22 | | order based upon his or her conviction.
| 23 | | (4) Any person unable to comply with the registration | 24 | | requirements of
this Article because he or she is confined, | 25 | | institutionalized,
or imprisoned in Illinois on or after | 26 | | January 1, 1996, shall register in person
within 3 days of |
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| 1 | | discharge, parole or release.
| 2 | | (5) The person shall provide positive identification | 3 | | and documentation
that substantiates proof of residence at | 4 | | the registering address.
| 5 | | (6) The person shall pay a $100
initial registration | 6 | | fee and
a $100
annual
renewal fee to the registering law | 7 | | enforcement agency having jurisdiction.
The registering | 8 | | agency may waive the registration fee
if it determines that | 9 | | the person is indigent and unable to pay the registration
| 10 | | fee. Thirty-five
dollars for the initial registration fee | 11 | | and $35 of the annual renewal fee
shall be retained and | 12 | | used by the registering agency for official purposes. | 13 | | Having retained $35 of the initial registration fee and $35 | 14 | | of the annual renewal fee, the registering agency shall | 15 | | remit the remainder of the fee to State agencies within 30 | 16 | | days of receipt for deposit into the State funds as | 17 | | follows: | 18 | | (A) Five dollars of
the initial registration fee | 19 | | and $5 of the annual fee shall be remitted to the State | 20 | | Treasurer who shall deposit the moneys into
the Sex | 21 | | Offender Management Board Fund under Section 19 of the | 22 | | Sex Offender
Management Board Act. Money deposited | 23 | | into the Sex Offender Management Board
Fund shall be | 24 | | administered by the Sex Offender Management Board and | 25 | | shall be
used by the Board to comply with the | 26 | | provisions of the Sex Offender Management Board Act. |
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| 1 | | (B)
Thirty dollars of the initial registration fee | 2 | | and $30 of the annual renewal fee shall be remitted to | 3 | | the Department of State Police which shall deposit the | 4 | | moneys into the Offender Registration Fund. | 5 | | (C) Thirty dollars of the initial registration fee | 6 | | and $30 of the annual renewal fee shall be remitted to | 7 | | the Attorney General who shall deposit the moneys into | 8 | | the Attorney General Sex Offender Awareness, Training, | 9 | | and Education Fund. Moneys deposited into the Fund | 10 | | shall be used by the Attorney General to administer the | 11 | | I-SORT program and to alert and educate the public, | 12 | | victims, and witnesses of their rights under various | 13 | | victim notification laws and for training law | 14 | | enforcement agencies, State's Attorneys, and medical | 15 | | providers of their legal duties concerning the | 16 | | prosecution and investigation of sex offenses. | 17 | | The registering agency shall establish procedures to | 18 | | document the receipt and remittance of the $100 initial | 19 | | registration fee and $100 annual renewal fee. | 20 | | (d) Within 3 days after obtaining or changing employment | 21 | | and, if employed
on January 1, 2000, within 5 days after that | 22 | | date, a person required to
register under this Section must | 23 | | report, in person to the law
enforcement agency having | 24 | | jurisdiction, the business name and address where he
or she is | 25 | | employed. If the person has multiple businesses or work | 26 | | locations,
every business and work location must be reported to |
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| 1 | | the law enforcement agency
having jurisdiction.
| 2 | | (Source: P.A. 101-571, eff. 8-23-19.)
| 3 | | (730 ILCS 150/7) (from Ch. 38, par. 227)
| 4 | | Sec. 7. Duration of registration. A person who has been | 5 | | adjudicated to
be
sexually dangerous and is later released or | 6 | | found to be no longer sexually
dangerous and discharged, shall | 7 | | register for the period of his or her natural
life.
A sexually | 8 | | violent person or sexual predator shall register for the period | 9 | | of
his or her natural life
after conviction or adjudication if | 10 | | not confined to a penal institution,
hospital, or other | 11 | | institution or facility, and if confined, for
the period of his | 12 | | or her natural life after parole, discharge, or release from
| 13 | | any such facility.
A person who becomes subject to registration | 14 | | under paragraph (2.1) of subsection (c) of Section 3 of this | 15 | | Article who has previously been subject to registration under | 16 | | this Article shall register for the period of his or her | 17 | | natural life currently required for the offense for which the | 18 | | person was previously registered if not confined to a penal | 19 | | institution, hospital, or other institution or facility, and if | 20 | | confined, for the same period after parole, discharge, or | 21 | | release from any such facility. Except as otherwise provided in | 22 | | this Section, a person who becomes subject to registration | 23 | | under this Article who has previously been subject to | 24 | | registration under this Article or under the Murderer and | 25 | | Violent Offender Against Youth Registration Act or similar |
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| 1 | | registration requirements of other jurisdictions shall | 2 | | register for the period of his or her natural life if not | 3 | | confined to a penal institution,
hospital, or other institution | 4 | | or facility, and if confined, for
the period of his or her | 5 | | natural life after parole, discharge, or release from
any such | 6 | | facility. Any other person who is required to register
under | 7 | | this Article shall be required to register for a period of his | 8 | | or her natural life after conviction or adjudication if not | 9 | | confined to a penal institution,
hospital, or other institution | 10 | | or facility, and if confined, for
the period of his or her | 11 | | natural life after parole, discharge, or release from
any such | 12 | | facility 10 years after
conviction or adjudication if not | 13 | | confined to a penal institution, hospital
or any other
| 14 | | institution or facility, and if confined, for a period of 10 | 15 | | years after
parole, discharge or release from any such | 16 | | facility. A sex offender who is
allowed to leave a county, | 17 | | State, or federal facility for the purposes of work
release, | 18 | | education, or overnight visitations shall be required
to | 19 | | register within 3 days of beginning such a program. Liability | 20 | | for
registration terminates at the expiration of 10 years from | 21 | | the date of
conviction or adjudication if not confined to a | 22 | | penal institution, hospital
or any other
institution or | 23 | | facility and if confined, at the expiration of 10 years from | 24 | | the
date of parole, discharge or release from any such | 25 | | facility, providing such
person does not, during that period, | 26 | | again
become
liable
to register under the provisions of this |
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| 1 | | Article.
Reconfinement due to a violation of parole or other | 2 | | circumstances that relates to the original conviction or | 3 | | adjudication shall extend the period of registration to 10 | 4 | | years after final parole, discharge, or release. Reconfinement | 5 | | due to a violation of parole, a conviction reviving | 6 | | registration, or other circumstances that do not relate to the | 7 | | original conviction or adjudication shall toll the running of | 8 | | the balance of the 10-year period of registration, which shall | 9 | | not commence running until after final parole, discharge, or | 10 | | release. The Director of State Police, consistent with | 11 | | administrative rules, shall
extend for 10 years the | 12 | | registration period of any sex offender, as defined
in Section | 13 | | 2 of this Act, who fails to
comply with the provisions of this | 14 | | Article. The registration period for any sex offender who fails | 15 | | to comply with any provision of the Act shall extend the period | 16 | | of registration by 10 years beginning from the first date of | 17 | | registration after the violation.
If the registration period is | 18 | | extended, the Department of State Police shall send a | 19 | | registered letter to the law enforcement agency where the sex | 20 | | offender resides within 3 days after the extension of the | 21 | | registration period. The sex offender shall report to that law | 22 | | enforcement agency and sign for that letter. One copy of that | 23 | | letter shall be kept on file with the law enforcement agency of | 24 | | the jurisdiction where the sex offender resides and one copy | 25 | | shall be returned to the Department of State Police .
| 26 | | (Source: P.A. 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; 97-813, |
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| 1 | | eff. 7-13-12.)
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