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90_HB2232
730 ILCS 150/2 from Ch. 38, par. 222
730 ILCS 150/4 from Ch. 38, par. 224
730 ILCS 150/5 from Ch. 38, par. 225
730 ILCS 150/5.5 new
730 ILCS 150/6 from Ch. 38, par. 226
730 ILCS 150/7 from Ch. 38, par. 227
Amends the Sex Offender Registration Act. In the
definition of a sex offender as a person who is certified as
a sexually dangerous person, eliminates provision that
requires the conduct giving rise to the certification to be
committed or attempted against a person under 18 years of
age. Provides that a person who is required to register as a
sex offender must be informed that if he or she establishes a
residence outside of Illinois, he or she must register in the
new state, within 10 days after establishing residence, if
the state has a registration requirement. Requires the
Department of State Police to mail quarterly nonforwardable
verification letters to persons previously adjudicated to be
sexually dangerous and annual nonforwardable verification
letters to other sex offenders required to register.
Provides that persons adjudicated to be sexually dangerous
and who are later released or who are found to be no longer
sexually dangerous and who are discharged must register for a
period of their natural life. Effective September 13, 1997.
LRB9000580RCksA
LRB9000580RCksA
1 AN ACT to amend the Sex Offender Registration Act by
2 changing Sections 2, 4, 5, 6, and 7 and adding Section 5.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Sex Offender Registration Act is amended
6 by changing Sections 2, 4, 5, 6, and 7 and adding Section 5.5
7 as follows:
8 (730 ILCS 150/2) (from Ch. 38, par. 222)
9 Sec. 2. Definitions. As used in this Article, the
10 following definitions apply:
11 (A) "Sex offender" means any person who is:
12 (1) charged pursuant to Illinois law, or any
13 substantially similar federal or sister state law, with a
14 sex offense set forth in subsection (B) of this Section
15 or the attempt to commit an included sex offense, and:
16 (a) is convicted of such offense or an attempt
17 to commit such offense; or
18 (b) is found not guilty by reason of insanity
19 of such offense or an attempt to commit such
20 offense; or
21 (c) is found not guilty by reason of insanity
22 pursuant to Section 104-25(c) of the Code of
23 Criminal Procedure of 1963 of such offense or an
24 attempt to commit such offense; or
25 (d) is the subject of a finding not resulting
26 in an acquittal at a hearing conducted pursuant to
27 Section 104-25(a) of the Code of Criminal Procedure
28 of 1963 for the alleged commission or attempted
29 commission of such offense; or
30 (e) is found not guilty by reason of insanity
31 following a hearing conducted pursuant to a federal
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1 or sister state law substantially similar to Section
2 104-25(c) of the Code of Criminal Procedure of 1963
3 of such offense or of the attempted commission of
4 such offense; or
5 (f) is the subject of a finding not resulting
6 in an acquittal at a hearing conducted pursuant to a
7 federal or sister state law substantially similar to
8 Section 104-25(a) of the Code of Criminal Procedure
9 of 1963 for the alleged violation or attempted
10 commission of such offense; or
11 (2) certified as a sexually dangerous person
12 pursuant to the Illinois Sexually Dangerous Persons Act,
13 or any substantially similar federal or sister state law,
14 when any conduct giving rise to such certification is
15 committed or attempted against a person less than 18
16 years of age; or
17 (3) subject to the provisions of Section 2 of the
18 Interstate Agreements on Sexually Dangerous Persons Act.
19 Convictions that result from or are connected with the
20 same act, or result from offenses committed at the same time,
21 shall be counted for the purpose of this Article as one
22 conviction. Any conviction set aside pursuant to law is not
23 a conviction for purposes of this Article.
24 (B) As used in this Section, "sex offense" means:
25 (1) A violation of any of the following Sections of
26 the Criminal Code of 1961 when the violation is a felony:
27 11-20.1 (child pornography),
28 11-6 (indecent solicitation of a child),
29 11-9.1 (sexual exploitation of a child),
30 11-15.1 (soliciting for a juvenile prostitute),
31 11-18.1 (patronizing a juvenile prostitute),
32 11-17.1 (keeping a place of juvenile
33 prostitution),
34 11-19.1 (juvenile pimping),
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1 11-19.2 (exploitation of a child),
2 12-13 (criminal sexual assault),
3 12-14 (aggravated criminal sexual assault),
4 12-14.1 (predatory criminal sexual assault of a
5 child),
6 12-15 (criminal sexual abuse),
7 12-16 (aggravated criminal sexual abuse),
8 12-33 (ritualized abuse of a child).
9 An attempt to commit any of these offenses.
10 (1.5) A felony violation of any of the following
11 Sections of the Criminal Code of 1961, when the victim is
12 a person under 18 years of age, the defendant is not a
13 parent of the victim, and the offense was committed on or
14 after January 1, 1996:
15 10-1 (kidnapping),
16 10-2 (aggravated kidnapping),
17 10-3 (unlawful restraint),
18 10-3.1 (aggravated unlawful restraint).
19 An attempt to commit any of these offenses.
20 (1.6) First degree murder under Section 9-1 of the
21 Criminal Code of 1961 when the victim was a person under 18
22 years of age, the defendant was at least 17 years of age at
23 the time of the commission of the offense, and the offense
24 was committed on or after June 1, 1996.
25 (2) A violation of any former law of this State
26 substantially equivalent to any offense listed in
27 subsection (B)(1) of this Section.
28 (C) A conviction for an offense of federal law or the
29 law of another state that is substantially equivalent to any
30 offense listed in subsection (B) of this Section shall
31 constitute a conviction for the purpose of this Article. A
32 finding or adjudication as a sexually dangerous person under
33 any federal law or law of another state that is substantially
34 equivalent to the Sexually Dangerous Persons Act shall
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1 constitute an adjudication for the purposes of this Article.
2 (C-5) A person at least 17 years of age at the time of
3 the commission of the offense who is convicted of first
4 degree murder under Section 9-1 of the Criminal Code of 1961,
5 committed on or after June 1, 1996 against a person under 18
6 years of age, shall be required to register for a period of
7 10 years after conviction or adjudication if not confined to
8 a penal institution, hospital, or any other institution or
9 facility, and if confined, for a period of 10 years after
10 parole, discharge, or release from the facility. Liability
11 for registration terminates at the expiration of 10 years
12 from the date of conviction or adjudication if not confined
13 in a penal institution, hospital, or any other institution or
14 facility, and if confined at the expiration of 10 years from
15 the date of parole, discharge, or release from any facility;
16 provided that the child murderer does not, during that period
17 again become liable to register under the provisions of this
18 Article or the Child Sex Offender and Murderer Community
19 Notification Law.
20 (D) As used in this Article, "law enforcement agency
21 having jurisdiction" means the Chief of Police in the
22 municipality in which the sex offender expects to reside (1)
23 upon his or her discharge, parole or release or (2) during
24 the service of his or her sentence of probation or
25 conditional discharge, or the Sheriff of the county, in the
26 event no Police Chief exists or if the offender intends to
27 reside in an unincorporated area.
28 (Source: P.A. 88-467; 89-8, eff. 1-1-96; 89-428, eff. 6-1-96;
29 89-462, eff. 6-1-96.)
30 (730 ILCS 150/4) (from Ch. 38, par. 224)
31 Sec. 4. Discharge of sex offender from Department of
32 Corrections facility or other penal institution; duties of
33 official in charge. Any sex offender, as defined by this
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1 Article, who is discharged, paroled or released from a
2 Department of Corrections facility, a facility where such
3 person was placed by the Department of Corrections, or
4 another other penal institution, and whose liability for
5 registration has not terminated under Section 7 shall, prior
6 to discharge, parole or release from the facility or
7 institution, be informed of his or her duty to register in
8 person within 30 days under this Article by the facility or
9 institution in which he or she was confined. The facility or
10 institution shall also inform any person who must register
11 that if he or she establishes a residence outside of the
12 State of Illinois, he or she must register in the new state,
13 within 10 days after establishing the residence, if that
14 state has a registration requirement.
15 The facility shall require the person to read and sign
16 such form as may be required by the Department of State
17 Police stating that the duty to register and the procedure
18 for registration has been explained to him or her and that he
19 or she understands the duty to register and the procedure for
20 registration. The facility shall further advise the person
21 in writing that the failure to register or other violation of
22 this Article shall constitute grounds for parole, mandatory
23 supervised release or conditional release revocation. The
24 facility shall obtain the address where the person expects to
25 reside upon his or her discharge, parole or release and shall
26 report the address to the Department of State Police. The
27 facility shall give one copy of the form to the person and
28 shall send two copies to the Department of State Police which
29 shall forward one copy to the law enforcement agency having
30 jurisdiction where the person expects to reside upon his or
31 her discharge, parole or release.
32 (Source: P.A. 89-8, eff. 1-1-96.)
33 (730 ILCS 150/5) (from Ch. 38, par. 225)
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1 Sec. 5. Release of sex offender; duties of the Court.
2 Any sex offender, as defined by this Article, who is released
3 on probation or discharged upon payment of a fine because of
4 the commission of one of the offenses defined in subsection
5 (B) of Section 2 of this Article, shall, prior to such
6 release be informed of his or her duty to register under this
7 Article by the Court in which he or she was convicted. The
8 court shall also inform any person who must register that if
9 he or she establishes a residence outside of the State of
10 Illinois, he or she must register in the new state, within 10
11 days after establishing the residence, if that state has a
12 registration requirement. The Court shall require the person
13 to read and sign such form as may be required by the
14 Department of State Police stating that the duty to register
15 and the procedure for registration has been explained to him
16 or her and that he or she understands the duty to register
17 and the procedure for registration. The Court shall further
18 advise the person in writing that the failure to register or
19 other violation of this Article shall constitute grounds for
20 probation revocation. The Court shall obtain the address
21 where the person expects to reside upon his release, and
22 shall report the address to the Department of State Police.
23 The Court shall give one copy of the form to the person and
24 shall send two copies to the Department of State Police which
25 shall forward one copy to the law enforcement agency having
26 jurisdiction where the person expects to reside upon his or
27 her release.
28 (Source: P.A. 89-8, eff. 1-1-96.)
29 (730 ILCS 150/5.5 new)
30 Sec. 5.5. Nonforwardable verification letters. The
31 Department of State Police shall mail a quarterly
32 nonforwardable verification letter to each person previously
33 adjudicated to be sexually dangerous, beginning 90 days from
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1 the date of his or her initial registration. To any other
2 person required to register under this Article, the
3 Department of State Police shall mail an annual
4 nonforwardable verification letter, beginning one year from
5 the date of his or her initial registration. The
6 verification letter shall state that the person still resides
7 at the address last reported to the Department of State
8 Police. A person required to register under this Article who
9 is mailed a verification letter shall sign and return the
10 verification letter to the Department of State Police within
11 10 days after the mailing date of the letter. A person's
12 failure to mail the nonforwardable verification letter to the
13 Department of State Police within 10 days after the mailing
14 date of the letter shall be considered a violation of this
15 Article, unless he or she establishes that his or her last
16 reported address is still valid.
17 (730 ILCS 150/6) (from Ch. 38, par. 226)
18 Sec. 6. Duty to report; change of address; duty to
19 inform. A person previously adjudicated to be sexually
20 dangerous must report in person to the appropriate law
21 enforcement agency with whom he or she last registered 90
22 days from the date of that registration and every 90 days
23 thereafter. Any other person who is Any person required to
24 register under this Article shall report in person to the
25 appropriate law enforcement agency with whom he or she last
26 registered one year from the date of that registration and
27 every year thereafter. If any person required to register
28 under this Article changes his or her residence address, he
29 or she shall, in writing, within 10 days inform the law
30 enforcement agency with whom he or she last registered of his
31 or her new address and register with the appropriate law
32 enforcement agency within the time period specified in
33 Section 3. The law enforcement agency shall, within 3 days
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1 of receipt, forward the information to the Department of
2 State Police and to the law enforcement agency having
3 jurisdiction of the new place of residence. If any person
4 required to register under this Article establishes a
5 residence outside of the State of Illinois, within 10 days
6 after establishing that residence, he or she shall, in
7 writing, inform the law enforcement agency with whom he or
8 she last registered of his or her out-of-state residence, and
9 he or she must register with the appropriate out-of-state law
10 enforcement agency if that state has a registration
11 requirement. The law enforcement agency with which such
12 person last registered shall, within 3 days of receipt,
13 forward the information to the Department of State Police and
14 the information shall be forwarded to the out-of-state law
15 enforcement agency having jurisdiction of the new place of
16 residence in the form and manner prescribed by the Illinois
17 Department of State Police.
18 (Source: P.A. 89-8, eff. 1-1-96.)
19 (730 ILCS 150/7) (from Ch. 38, par. 227)
20 Sec. 7. Duration of registration. A person who has been
21 adjudicated to be sexually dangerous and is later released,
22 or found to be no longer sexually dangerous and discharged,
23 shall register for the period of his or her natural life.
24 Any other person who is Any person required to register under
25 this Article shall be required to register for a period of 10
26 years after conviction or adjudication if not confined to a
27 penal institution, hospital or any other institution or
28 facility, and if confined, for a period of 10 years after
29 parole, discharge or release from any such facility.
30 Liability for registration terminates at the expiration of 10
31 years from the date of conviction or adjudication if not
32 confined to a penal institution, hospital or any other
33 institution or facility and if confined, at the expiration of
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1 10 years from the date of parole, discharge or release from
2 any such facility, providing such person does not, during
3 that period, again become liable to register under the
4 provisions of this Article.
5 (Source: P.A. 89-8, eff. 1-1-96.)
6 Section 99. Effective date. This Act takes effect on
7 September 13, 1997.