Full Text of HB5921 97th General Assembly
HB5921 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5921 Introduced 2/16/2012, by Rep. William Cunningham SYNOPSIS AS INTRODUCED: |
| 730 ILCS 150/3 | |
730 ILCS 150/10 | from Ch. 38, par. 230 |
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Amends the Sex Offender Registration Act. Provides that a sex offender who is required to register under the Act must include in his or her registration all public or private Wi-Fi networks, Internet-based data storage services, and mobile devices capable of storing data used by him or her. Provides that a person
who is required to register under the Act who uses for an unlawful purpose a public or private Wi-Fi network, Internet-based data storage service, or mobile device capable of storing data is guilty of a Class 3 felony.
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| | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | | FISCAL NOTE ACT MAY APPLY |
| | A BILL FOR |
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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 10 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 public or private Wi-Fi networks, Internet-based | 20 | | data storage services, and mobile devices capable of storing | 21 | | data used by the sex offender, all Uniform Resource Locators | 22 | | (URLs) registered or used by the sex offender, all blogs and | 23 | | other Internet sites maintained by the sex offender or to which |
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| 1 | | the sex offender has uploaded any content or posted any | 2 | | messages or information, extensions of the time period for | 3 | | registering as provided in this Article and, if an extension | 4 | | was granted, the reason why the extension was granted and the | 5 | | date the sex offender was notified of the extension. The | 6 | | information shall also include a copy of the terms and | 7 | | conditions of parole or release signed by the sex offender and | 8 | | given to the sex offender by his or her supervising officer, | 9 | | the county of conviction, license plate numbers for every | 10 | | vehicle registered in the name of the sex offender, the age of | 11 | | the sex offender at the time of the commission of the offense, | 12 | | the age of the victim at the time of the commission of the | 13 | | offense, and any distinguishing marks located on the body of | 14 | | the sex offender. A sex offender convicted under Section 11-6, | 15 | | 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of | 16 | | 1961 shall provide all Internet protocol (IP) addresses in his | 17 | | or her residence, registered in his or her name, accessible at | 18 | | his or her place of employment, or otherwise under his or her | 19 | | control or custody. If the sex offender is a child sex offender | 20 | | as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of | 21 | | 1961, the sex offender shall report to the registering agency | 22 | | whether he or she is living in a household with a child under | 23 | | 18 years of age who is not his or her own child, provided that | 24 | | his or her own child is not the victim of the sex offense. The | 25 | | sex offender or
sexual predator 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 | | 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 the Chicago Police Department | 18 | | Headquarters; or | 19 | | (B) the sheriff in the county in which he or she is | 20 | | employed or attends an institution of higher education | 21 | | located in an unincorporated area, or if incorporated, | 22 | | no police chief exists; and
| 23 | | (ii) with the public safety or security director of the | 24 | | institution of higher education which he or she is employed | 25 | | at or attends.
| 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 | | For purposes of this Article, the place of residence or | 4 | | temporary
domicile is defined as any and all places where the | 5 | | sex offender resides
for an aggregate period of time of 3 or | 6 | | more days during any calendar year.
Any person required to | 7 | | register under this Article who lacks a fixed address or | 8 | | temporary domicile must notify, in person, the agency of | 9 | | jurisdiction of his or her last known address within 3 days | 10 | | after ceasing to have a fixed residence. | 11 | | A sex offender or sexual predator who is temporarily absent | 12 | | from his or her current address of registration for 3 or more | 13 | | days shall notify the law enforcement agency having | 14 | | jurisdiction of his or her current registration, including the | 15 | | itinerary for travel, in the manner provided in Section 6 of | 16 | | this Act for notification to the law enforcement agency having | 17 | | jurisdiction of change of address. | 18 | | Any person who lacks a fixed residence must report weekly, | 19 | | in person, with the sheriff's office of the county in which he | 20 | | or she is located in an unincorporated area, or with the chief | 21 | | of police in the municipality in which he or she is located. | 22 | | The agency of jurisdiction will document each weekly | 23 | | registration to include all the locations where the person has | 24 | | stayed during the past 7 days.
| 25 | | The sex offender or sexual predator shall provide accurate | 26 | | information
as required by the Department of State Police. That |
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| 1 | | information shall include
the sex offender's or sexual | 2 | | predator's current place of employment.
| 3 | | (a-5) An out-of-state student or out-of-state employee | 4 | | shall,
within 3 days after beginning school or employment in | 5 | | this State,
register in person and provide accurate information | 6 | | as required by the
Department of State Police. Such information | 7 | | will include current place of
employment, school attended, and | 8 | | address in state of residence. A sex offender convicted under | 9 | | Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the | 10 | | Criminal Code of 1961 shall provide all Internet protocol (IP) | 11 | | addresses in his or her residence, registered in his or her | 12 | | name, accessible at his or her place of employment, or | 13 | | otherwise under his or her control or custody. The out-of-state | 14 | | student or out-of-state employee shall register:
| 15 | | (1) with: | 16 | | (A) the chief of police in the municipality in | 17 | | which he or she attends school or is employed for a | 18 | | period of time of 5
or more days or for an
aggregate | 19 | | period of time of more than 30 days during any
calendar | 20 | | year, unless the
municipality is the City of Chicago, | 21 | | in which case he or she shall register at
the Chicago | 22 | | Police Department Headquarters; or
| 23 | | (B) the sheriff in the county in which
he or she | 24 | | attends school or is
employed for a period of time of 5 | 25 | | or more days or
for an aggregate period of
time of more | 26 | | than 30 days during any calendar year in an
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| 1 | | unincorporated area
or, if incorporated, no police | 2 | | chief exists; and | 3 | | (2) with the public safety or security director of the | 4 | | institution of higher education he or she is employed at or | 5 | | attends for a period of time of 5 or more days or for an | 6 | | aggregate period of time of more than 30 days during a | 7 | | calendar year. | 8 | | The registration fees shall only apply to the municipality | 9 | | or county of primary registration, and not to campus | 10 | | registration. | 11 | | The out-of-state student or out-of-state employee shall | 12 | | provide accurate
information as required by the Department of | 13 | | State Police. That information
shall include the out-of-state | 14 | | student's current place of school attendance or
the | 15 | | out-of-state employee's current place of employment.
| 16 | | (a-10) Any law enforcement agency registering sex | 17 | | offenders or sexual predators in accordance with subsections | 18 | | (a) or (a-5) of this Section shall forward to the Attorney | 19 | | General a copy of sex offender registration forms from persons | 20 | | convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or | 21 | | 11-21 of the Criminal Code of 1961, including periodic and | 22 | | annual registrations under Section 6 of this Act. | 23 | | (b) Any sex offender, as defined in Section 2 of this Act, | 24 | | or sexual
predator, regardless of any initial,
prior, or other | 25 | | registration, shall, within 3 days of beginning school,
or | 26 | | establishing a
residence, place of employment, or temporary |
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| 1 | | domicile in
any county, register in person as set forth in | 2 | | subsection (a)
or (a-5).
| 3 | | (c) The registration for any person required to register | 4 | | under this
Article shall be as follows:
| 5 | | (1) Any person registered under the Habitual Child Sex | 6 | | Offender
Registration Act or the Child Sex Offender | 7 | | Registration Act prior to January
1, 1996, shall be deemed | 8 | | initially registered as of January 1, 1996; however,
this | 9 | | shall not be construed to extend the duration of | 10 | | registration set forth
in Section 7.
| 11 | | (2) Except as provided in subsection (c)(2.1) or | 12 | | (c)(4), any person convicted or
adjudicated prior to | 13 | | January 1, 1996, whose liability for registration under
| 14 | | Section 7 has not expired, shall register in person prior | 15 | | to January 31,
1996.
| 16 | | (2.1) A sex offender or sexual predator, who has never | 17 | | previously been required to register under this Act, has a | 18 | | duty to register if the person has been convicted of any | 19 | | felony offense after July 1, 2011. A person who previously | 20 | | was required to register under this Act for a period of 10 | 21 | | years and successfully completed that registration period | 22 | | has a duty to register if: (i) the person has been | 23 | | convicted of any felony offense after July 1, 2011, and | 24 | | (ii) the offense for which the 10 year registration was | 25 | | served currently requires a registration period of more | 26 | | than 10 years. Notification of an offender's duty to |
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| 1 | | register under this subsection shall be pursuant to Section | 2 | | 5-7 of this Act. | 3 | | (2.5) Except as provided in subsection (c)(4), any | 4 | | person who has not
been notified of his or her | 5 | | responsibility to register shall be notified by a
criminal | 6 | | justice entity of his or her responsibility to register. | 7 | | Upon
notification the person must then register within 3 | 8 | | days of notification of
his or her requirement to register. | 9 | | Except as provided in subsection (c)(2.1), if notification | 10 | | is not made within the
offender's 10 year registration | 11 | | requirement, and the Department of State
Police determines | 12 | | no evidence exists or indicates the offender attempted to
| 13 | | avoid registration, the offender will no longer be required | 14 | | to register under
this Act.
| 15 | | (3) Except as provided in subsection (c)(4), any person | 16 | | convicted on
or after January 1, 1996, shall register in | 17 | | person within 3 days after the
entry of the sentencing | 18 | | order based upon his or her conviction.
| 19 | | (4) Any person unable to comply with the registration | 20 | | requirements of
this Article because he or she is confined, | 21 | | institutionalized,
or imprisoned in Illinois on or after | 22 | | January 1, 1996, shall register in person
within 3 days of | 23 | | discharge, parole or release.
| 24 | | (5) The person shall provide positive identification | 25 | | and documentation
that substantiates proof of residence at | 26 | | the registering address.
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| 1 | | (6) The person shall pay a $100
initial registration | 2 | | fee and
a $100
annual
renewal fee. The fees shall be used | 3 | | by the registering agency for official
purposes. The agency | 4 | | shall establish procedures to document receipt and use
of | 5 | | the funds.
The law enforcement agency having jurisdiction | 6 | | may waive the registration fee
if it determines that the | 7 | | person is indigent and unable to pay the registration
fee.
| 8 | | Thirty dollars for the initial registration fee and $30 of | 9 | | the annual renewal fee
shall be used by the registering | 10 | | agency for official purposes. Ten dollars of
the initial | 11 | | registration fee and $10 of the annual fee shall be | 12 | | deposited into
the Sex Offender Management Board Fund under | 13 | | Section 19 of the Sex Offender
Management Board Act. Money | 14 | | deposited into the Sex Offender Management Board
Fund shall | 15 | | be administered by the Sex Offender Management Board and | 16 | | shall be
used to
fund practices endorsed or required by the | 17 | | Sex Offender Management Board Act
including but not limited | 18 | | to sex offenders evaluation, treatment, or
monitoring | 19 | | programs that are or may be developed, as well as for
| 20 | | administrative costs, including staff, incurred by the | 21 | | Board.
Thirty dollars of the initial registration fee and | 22 | | $30 of the annual renewal fee shall be deposited into the | 23 | | Sex Offender Registration Fund and shall be used by the | 24 | | Department of State Police to maintain and update the | 25 | | Illinois State Police Sex Offender Registry. Thirty | 26 | | dollars of the initial registration fee and $30 of the |
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| 1 | | annual renewal fee shall be deposited into the Attorney | 2 | | General Sex Offender Awareness, Training, and Education | 3 | | Fund. Moneys deposited into the Fund shall be used by the | 4 | | Attorney General to administer the I-SORT program and to | 5 | | alert and educate the public, victims, and witnesses of | 6 | | their rights under various victim notification laws and for | 7 | | training law enforcement agencies, State's Attorneys, and | 8 | | medical providers of their legal duties concerning the | 9 | | prosecution and investigation of sex offenses. | 10 | | (d) Within 3 days after obtaining or changing employment | 11 | | and, if employed
on January 1, 2000, within 5 days after that | 12 | | date, a person required to
register under this Section must | 13 | | report, in person to the law
enforcement agency having | 14 | | jurisdiction, the business name and address where he
or she is | 15 | | employed. If the person has multiple businesses or work | 16 | | locations,
every business and work location must be reported to | 17 | | the law enforcement agency
having jurisdiction.
| 18 | | (Source: P.A. 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; | 19 | | 96-1097, eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. | 20 | | 1-1-11; 96-1551, eff. 7-1-11; 97-155, eff 1-1-12; 97-333, eff. | 21 | | 8-12-11; 97-578, eff. 1-1-12; revised 9-15-11.)
| 22 | | (730 ILCS 150/10) (from Ch. 38, par. 230)
| 23 | | Sec. 10. Penalty.
| 24 | | (a) Any person who is required to register under this
| 25 | | Article who violates any of the provisions of this Article , and |
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| 1 | | any person
who is required to register under this Article who | 2 | | seeks to change his or her
name under Article 21 of the Code of | 3 | | Civil Procedure , and a person
who is required to register under | 4 | | this Article who uses for an unlawful purpose a public or | 5 | | private Wi-Fi network, Internet-based data storage service, or | 6 | | mobile device capable of storing data is guilty of a Class 3
| 7 | | felony.
Any person who is convicted for a violation of this Act | 8 | | for a second or subsequent time is guilty of a Class 2 felony. | 9 | | Any person who is required to register under this Article who
| 10 | | knowingly or wilfully gives material information required by | 11 | | this Article that
is false is guilty of a Class 3 felony.
Any | 12 | | person convicted of a violation of any provision of this | 13 | | Article
shall, in addition to any other penalty required by | 14 | | law, be required to serve a
minimum period of 7 days | 15 | | confinement in the local county jail. The court shall
impose a | 16 | | mandatory minimum fine of $500 for failure to comply with any
| 17 | | provision of this Article. These fines shall be deposited in | 18 | | the Sex Offender
Registration Fund. Any sex offender, as | 19 | | defined in Section 2 of this Act,
or sexual predator who | 20 | | violates any
provision of this Article may be arrested and
| 21 | | tried in any Illinois county where the sex
offender can be | 22 | | located. The local police department or sheriff's office is not | 23 | | required to determine whether the person is living within its | 24 | | jurisdiction.
| 25 | | (b) Any person, not covered by privilege under Part 8 of | 26 | | Article VIII of the Code of Civil Procedure or the Illinois |
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| 1 | | Supreme Court's Rules of Professional Conduct, who has reason | 2 | | to believe that a sexual predator is not complying, or has not | 3 | | complied, with the requirements of this Article and who, with | 4 | | the intent to assist the sexual predator in eluding a law | 5 | | enforcement agency that is seeking to find the sexual predator | 6 | | to question the sexual predator about, or to arrest the sexual | 7 | | predator for, his or her noncompliance with the requirements of | 8 | | this Article is guilty of a Class 3 felony if he or she: | 9 | | (1) provides false information to the law enforcement | 10 | | agency having jurisdiction about the sexual predator's | 11 | | noncompliance with the requirements of this Article, and, | 12 | | if known, the whereabouts of the sexual predator; | 13 | | (2) harbors, or attempts to harbor, or assists another | 14 | | person in harboring or attempting to harbor, the sexual | 15 | | predator; or | 16 | | (3) conceals or attempts to conceal, or assists another | 17 | | person in concealing or attempting to conceal, the sexual | 18 | | predator. | 19 | | (c) Subsection (b) does not apply if the sexual predator is | 20 | | incarcerated in or is in the custody of a State correctional | 21 | | facility, a private correctional facility, a county or | 22 | | municipal jail, a State mental health facility or a State | 23 | | treatment and detention facility, or a federal correctional | 24 | | facility.
| 25 | | (d) Subsections (a) and (b) do not apply if the sex | 26 | | offender accurately registered his or her Internet protocol |
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| 1 | | address under this Act, and the address subsequently changed | 2 | | without his or her knowledge or intent.
| 3 | | (Source: P.A. 94-168, eff. 1-1-06; 94-988, eff. 1-1-07; 95-579, | 4 | | eff. 6-1-08 .)
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