Full Text of HB6796 93rd General Assembly
HB6796 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB6796
Introduced 02/09/04, by Ron Stephens - James H. Meyer SYNOPSIS AS INTRODUCED: |
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730 ILCS 150/3 |
from Ch. 38, par. 223 |
730 ILCS 150/6 |
from Ch. 38, par. 226 |
730 ILCS 152/115 |
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Amends the Sex Offender Registration Act. Provides that if a sex offender
has an account with an Internet service provider, the name of the Internet
service provider, the e-mail address of the sex offender, and the screen
names used by the sex offender must be submitted to the Department of
State Police. Provides that if the sex offender has more than one account
with one or more an Internet service providers, information on each account
must be submitted to the Department of State Police. Amends the Sex Offender and Child Murderer Community Notification Law. Provides that the Department of State Police must make a sex offender's Internet account information accessible on the Internet in the Department's
Sex Offender Information file on the Department's Web site. |
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB6796 |
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LRB093 18069 RLC 43756 b |
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| AN ACT in relation to sex offenders.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Sex Offender Registration Act is amended by | 5 |
| changing
Sections 3 and 6 as follows:
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| (730 ILCS 150/3) (from Ch. 38, par. 223) | 7 |
| Sec. 3. Duty to register.
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| (a) A sex offender, as defined in Section 2 of this Act, or | 9 |
| sexual
predator shall, within the time period
prescribed in | 10 |
| subsections (b) and (c), register in person
and provide | 11 |
| accurate information as required by the Department of State
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| Police. Such information shall include current address,
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| current place of employment, and school attended. If the sex | 14 |
| offender or sexual predator has an account with an Internet
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| service provider, the
name of the Internet service provider, | 16 |
| the e-mail address of the sex offender,
and the screen names | 17 |
| used by the sex offender must be submitted to the
Department of | 18 |
| State Police. If the sex offender has more than one account
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| with one or more Internet service providers, information on | 20 |
| each account
must be submitted to the Department of State | 21 |
| Police. The sex offender or
sexual predator shall register:
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| (1) with the chief of police in each of the | 23 |
| municipalities in which he or she
attends school, is | 24 |
| employed,
resides or is temporarily domiciled for a period | 25 |
| of time of 10 or more
days, unless the
municipality is the | 26 |
| City of Chicago, in which case he or she shall register
at | 27 |
| the Chicago Police Department Headquarters; or
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| (2) with the sheriff in each of the counties in which
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| he or she attends school, is
employed, resides or is
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| temporarily domiciled
in an unincorporated
area or, if | 31 |
| incorporated, no police chief exists.
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| For purposes of this Article, the place of residence or |
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HB6796 |
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LRB093 18069 RLC 43756 b |
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| temporary
domicile is defined as any and all places where the | 2 |
| sex offender resides
for an aggregate period of time of 10 or | 3 |
| more days during any calendar year.
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| The sex offender or sexual predator shall provide accurate | 5 |
| information
as required by the Department of State Police. That | 6 |
| information shall include
the sex offender's or sexual | 7 |
| predator's current place of employment.
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| (a-5) An out-of-state student or out-of-state employee | 9 |
| shall,
within 10 days after beginning school or employment in | 10 |
| this State,
register in person and provide accurate information | 11 |
| as required by the
Department of State Police. Such information | 12 |
| will include current place of
employment, school attended, and | 13 |
| address in state of residence:
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| (1) with the chief of police in each of the | 15 |
| municipalities in which he or she attends school or is | 16 |
| employed for a period of time of 10
or more days or for an
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| aggregate period of time of more than 30 days during any
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| calendar year, unless the
municipality is the City of | 19 |
| Chicago, in which case he or she shall register at
the | 20 |
| Chicago Police Department Headquarters; or
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| (2) with the sheriff in each of the counties in which
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| he or she attends school or is
employed for a period of | 23 |
| time of 10 or more days or
for an aggregate period of
time | 24 |
| of more than 30 days during any calendar year in an
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| unincorporated area
or, if incorporated, no police chief | 26 |
| exists.
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| The out-of-state student or out-of-state employee shall | 28 |
| provide accurate
information as required by the Department of | 29 |
| State Police. That information
shall include the out-of-state | 30 |
| student's current place of school attendance or
the | 31 |
| out-of-state employee's current place of employment.
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| (b) Any sex offender, as defined in Section 2 of this Act, | 33 |
| or sexual
predator, regardless of any initial,
prior, or other | 34 |
| registration, shall, within 10 days of beginning school,
or | 35 |
| establishing a
residence, place of employment, or temporary | 36 |
| domicile in
any county, register in person as set forth in |
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HB6796 |
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LRB093 18069 RLC 43756 b |
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| subsection (a)
or (a-5).
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| (c) The registration for any person required to register | 3 |
| under this
Article shall be as follows:
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| (1) Any person registered under the Habitual Child Sex | 5 |
| Offender
Registration Act or the Child Sex Offender | 6 |
| Registration Act prior to January
1, 1996, shall be deemed | 7 |
| initially registered as of January 1, 1996; however,
this | 8 |
| shall not be construed to extend the duration of | 9 |
| registration set forth
in Section 7.
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| (2) Except as provided in subsection (c)(4), any person | 11 |
| convicted or
adjudicated prior to January 1, 1996, whose | 12 |
| liability for registration under
Section 7 has not expired, | 13 |
| shall register in person prior to January 31,
1996.
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| (2.5) Except as provided in subsection (c)(4), any | 15 |
| person who has not
been notified of his or her | 16 |
| responsibility to register shall be notified by a
criminal | 17 |
| justice entity of his or her responsibility to register. | 18 |
| Upon
notification the person must then register within 10 | 19 |
| days of notification of
his or her requirement to register. | 20 |
| If notification is not made within the
offender's 10 year | 21 |
| registration requirement, and the Department of State
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| Police determines no evidence exists or indicates the | 23 |
| offender attempted to
avoid registration, the offender | 24 |
| will no longer be required to register under
this Act.
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| (3) Except as provided in subsection (c)(4), any person | 26 |
| convicted on
or after January 1, 1996, shall register in | 27 |
| person within 10 days after the
entry of the sentencing | 28 |
| order based upon his or her conviction.
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| (4) Any person unable to comply with the registration | 30 |
| requirements of
this Article because he or she is confined, | 31 |
| institutionalized,
or imprisoned in Illinois on or after | 32 |
| January 1, 1996, shall register in person
within 10 days of | 33 |
| discharge, parole or release.
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| (5) The person shall provide positive identification | 35 |
| and documentation
that substantiates proof of residence at | 36 |
| the registering address.
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LRB093 18069 RLC 43756 b |
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| (6) The person shall pay a $20
initial registration fee | 2 |
| and
a $10
annual
renewal fee. The fees shall be used by the | 3 |
| registering agency for official
purposes. The agency shall | 4 |
| establish procedures to document receipt and use
of the | 5 |
| funds.
The law enforcement agency having jurisdiction may | 6 |
| waive the registration fee
if it determines that the person | 7 |
| is indigent and unable to pay the registration
fee.
Ten | 8 |
| dollars for the initial registration fee and $5 of the | 9 |
| annual renewal fee
shall be used by the registering agency | 10 |
| for official purposes. Ten dollars of
the initial | 11 |
| registration fee and $5 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
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| administrative costs, including staff, incurred by the | 21 |
| Board.
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| (d) Within 10 days after obtaining or changing employment | 23 |
| and, if employed
on January 1, 2000, within 10 days after that | 24 |
| date, a person required to
register under this Section must | 25 |
| report, in person or in writing to the law
enforcement agency | 26 |
| having jurisdiction, the business name and address where he
or | 27 |
| she is employed. If the person has multiple businesses or work | 28 |
| locations,
every business and work location must be reported to | 29 |
| the law enforcement agency
having jurisdiction.
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| (Source: P.A. 92-828, eff. 8-22-02; 93-616, eff. 1-1-04.)
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| (730 ILCS 150/6) (from Ch. 38, par. 226)
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| Sec. 6. Duty to report; change of address, school, or
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| employment , or
Internet account information ; duty
to inform.
A | 34 |
| person who has been adjudicated to be sexually dangerous or is | 35 |
| a sexually
violent person and is later released, or found to be |
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LRB093 18069 RLC 43756 b |
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| no longer sexually
dangerous or no longer a sexually violent | 2 |
| person and discharged, shall report
in
person to the law | 3 |
| enforcement agency with whom he or she last registered no
later | 4 |
| than 90 days after the date of his or her last registration and | 5 |
| every 90
days thereafter. Any other person who is required to | 6 |
| register under this
Article shall report in person to the | 7 |
| appropriate law enforcement agency with
whom he or she last | 8 |
| registered within one year from the date of last
registration | 9 |
| and every year thereafter. If any person required to register
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| under this Article changes his or her residence address, place | 11 |
| of
employment,
or school, or Internet account, including e-mail | 12 |
| addresses and screen
names, he or she shall, in writing, within | 13 |
| 10 days inform the law
enforcement agency
with whom he or she | 14 |
| last registered of his or her new address, change in
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| employment, or school or Internet account, including e-mail | 16 |
| addresses
and screen names, and register with the appropriate | 17 |
| law enforcement
agency within the
time period specified in | 18 |
| Section 3. The law enforcement agency shall, within 3
days of | 19 |
| receipt, notify the Department of State Police and the law | 20 |
| enforcement
agency having jurisdiction of the new place of | 21 |
| residence, change in
employment, or school or Internet account .
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| If any person required to register under this Article | 23 |
| establishes a
residence or employment outside of the State of | 24 |
| Illinois, within 10 days
after establishing that residence or | 25 |
| employment, he or she shall, in writing,
inform the law | 26 |
| enforcement agency with which he or she last registered of his
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| or her out-of-state residence or employment. The law | 28 |
| enforcement agency with
which such person last registered | 29 |
| shall, within 3 days notice of an address or
employment change, | 30 |
| notify the Department of State Police. The Department of
State | 31 |
| Police shall forward such information to the out-of-state law | 32 |
| enforcement
agency having jurisdiction in the form and manner | 33 |
| prescribed by the
Department of State Police.
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| (Source: P.A. 91-48, eff. 7-1-99; 91-394, eff. 1-1-00; 92-16, | 35 |
| eff.
6-28-01; 92-828, eff. 8-22-02.)
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HB6796 |
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LRB093 18069 RLC 43756 b |
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| Section 10. The Sex Offender and Child Murderer Community | 2 |
| Notification Law
is amended by changing Section 115 as follows:
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| (730 ILCS 152/115)
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| Sec. 115. Sex offender database.
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| (a) The Department of State Police
shall establish and | 6 |
| maintain a Statewide Sex Offender Database for
the
purpose of | 7 |
| identifying sex offenders and making that information
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| available to the persons specified in Sections 120 and 125 of | 9 |
| this Law. The
Database shall be created from the Law | 10 |
| Enforcement Agencies Data System (LEADS)
established under | 11 |
| Section 6 of the Intergovernmental Missing Child Recovery Act
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| of 1984. The Department of State Police shall examine its LEADS | 13 |
| database for
persons registered as sex offenders under the Sex | 14 |
| Offender Registration Act and
shall identify those who are sex | 15 |
| offenders and shall add all the
information, including | 16 |
| photographs if available, on those sex offenders to
the | 17 |
| Statewide Sex
Offender
Database.
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| (b) The Department of State Police must make the | 19 |
| information contained in
the
Statewide Sex Offender Database , | 20 |
| including the sex offender's Internet
account information,
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| accessible on the Internet by means of a
hyperlink
labeled "Sex | 22 |
| Offender Information" on the Department's World Wide Web home
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| page. The Department of State Police must update that | 24 |
| information as it deems
necessary.
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| The Department of State Police may require that a person | 26 |
| who seeks access to
the sex
offender information submit | 27 |
| biographical information about himself or
herself before
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| permitting access to the sex offender information. The | 29 |
| Department of State
Police may
limit access
to the sex offender | 30 |
| information to information about sex offenders who reside
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| within a
specified geographic
area in proximity to the address | 32 |
| of
the person
seeking that information. The Department of State | 33 |
| Police must promulgate rules
in accordance with the Illinois | 34 |
| Administrative Procedure
Act to implement this
subsection
(b)
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| and those rules must include procedures to ensure that the |
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HB6796 |
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LRB093 18069 RLC 43756 b |
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| information in the
database is accurate.
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| (Source: P.A. 90-193, eff. 7-24-97; 91-224, eff. 7-1-00.)
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