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90_HB3502ham001
LRB9009688RCksam
1 AMENDMENT TO HOUSE BILL 3502
2 AMENDMENT NO. . Amend House Bill 3502 by replacing
3 the title with the following:
4 "AN ACT in relation to sex offenders, amending named
5 Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Criminal Code of 1961 is amended by
9 changing Sections 11-6 and 11-6.5 and adding Section 16D-5.5
10 as follows:
11 (720 ILCS 5/11-6) (from Ch. 38, par. 11-6)
12 Sec. 11-6. Indecent solicitation of a child.
13 (a) A person of the age of 17 years and upwards who
14 solicits a child under the age of 17, who is at least 3 years
15 younger than the defendant, 13 to do any act, or solicits a
16 person to arrange an act with a child under the age of 17,
17 who is at least 3 years younger than the defendant, 13, which
18 if done would be aggravated criminal sexual assault,
19 predatory criminal sexual assault of a child, criminal sexual
20 assault, aggravated criminal sexual abuse, or criminal sexual
21 abuse, commits indecent solicitation of a child.
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1 (b) It shall not be a defense to indecent solicitation
2 of a child that the accused reasonably believed the child to
3 be of the age of 17 13 years and upwards.
4 (c) Sentence.
5 Indecent solicitation of a child is:
6 (1) a Class A misdemeanor when the act, if done,
7 would be criminal sexual abuse;
8 (2) a Class 4 felony when the act, if done, would
9 be criminal sexual assault, aggravated criminal sexual
10 assault, or aggravated criminal sexual abuse.
11 (d) For the purposes of this Section, "solicits"
12 includes but is not limited to oral or written communication
13 and communication by telephone, computer, or other electronic
14 means. "Computer" has the meaning ascribed to it in Section
15 16D-2 of this Code.
16 (Source: P.A. 89-8, eff. 3-21-95; 89-203, eff. 7-21-95;
17 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
18 (720 ILCS 5/11-6.5)
19 Sec. 11-6.5. Indecent solicitation of an adult.
20 (a) A person commits indecent solicitation of an adult
21 if the person:
22 (1) Arranges for a person 17 years of age or over
23 to commit an act of sexual penetration as defined in
24 Section 12-12 with a person: (i) under the age of 17 13
25 years; or
26 (ii) Thirteen years of age or over but under
27 the age of 17 years; or
28 (2) Arranges for a person 17 years of age or over
29 to commit an act of sexual conduct as defined in Section
30 12-12 with a person: (i) under the age of 17 13 years. ;
31 or
32 (ii) Thirteen years of age or older but under
33 the age of 17 years.
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1 (b) Sentence.
2 (1) Violation of paragraph (a)(1)(i) is a Class X
3 felony.
4 (1) (2) Violation of paragraph (a)(1)(ii) is a
5 Class 1 felony unless the victim is under 13 years of
6 age. Violation of paragraph (a)(1) is a Class X felony
7 if the victim is under 13 years of age.
8 (3) Violation of paragraph (a)(2)(i) is a Class 2
9 felony.
10 (2) (4) Violation of paragraph (a)(2)(ii) is a
11 Class A misdemeanor unless the victim is under 13 years
12 of age. Violation of paragraph (a)(2) is a Class 2
13 felony if the victim is under 13 years of age.
14 (c) For the purposes of this Section, "arranges"
15 includes but is not limited to oral or written communication
16 and communication by telephone, computer, or other electronic
17 means. "Computer" has the meaning ascribed to it in Section
18 16D-2 of this Code.
19 (Source: P.A. 88-165; 89-203, eff. 7-21-95.)
20 (720 ILCS 5/16D-5.5 new)
21 Sec. 16D-5.5. Solicitation of a minor by computer.
22 (a) Any person 17 years of age or older commits the
23 offense of solicitation of a minor by computer when he or she
24 knowingly offers any communication, or engages in an exchange
25 of communication, by way of computer, or through or upon any
26 computer-linked network or system with a child under the age
27 of 17 years who is at least 3 years younger than the
28 defendant, with an intent to commit any of the following
29 offenses: indecent solicitation of an adult, indecent
30 solicitation of a child, soliciting for a juvenile
31 prostitute, or juvenile pimping.
32 (b) Sentence. Solicitation of a minor by computer is a
33 Class 4 felony.
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1 Section 10. The Unified Code of Corrections is amended
2 by changing Section 5-4-1 as follows:
3 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
4 Sec. 5-4-1. Sentencing Hearing.
5 (a) Except when the death penalty is sought under
6 hearing procedures otherwise specified, after a determination
7 of guilt, a hearing shall be held to impose the sentence.
8 However, prior to the imposition of sentence on an individual
9 being sentenced for an offense based upon a charge for a
10 violation of Section 11-501 of the Illinois Vehicle Code or a
11 similar provision of a local ordinance, the individual must
12 undergo a professional evaluation to determine if an alcohol
13 or other drug abuse problem exists and the extent of such a
14 problem. Programs conducting these evaluations shall be
15 licensed by the Department of Human Services. However, if
16 the individual is not a resident of Illinois, the court may,
17 in its discretion, accept an evaluation from a program in the
18 state of such individual's residence. The court may in its
19 sentencing order approve an eligible defendant for placement
20 in a Department of Corrections impact incarceration program
21 as provided in Section 5-8-1.1. At the hearing the court
22 shall:
23 (1) consider the evidence, if any, received upon
24 the trial;
25 (2) consider any presentence reports;
26 (3) consider the financial impact of incarceration
27 based on the financial impact statement filed with the
28 clerk of the court by the Department of Corrections;
29 (4) consider evidence and information offered by
30 the parties in aggravation and mitigation;
31 (5) hear arguments as to sentencing alternatives;
32 (6) afford the defendant the opportunity to make a
33 statement in his own behalf;
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1 (7) afford the victim of a violent crime or a
2 violation of Section 11-501 of the Illinois Vehicle Code,
3 or a similar provision of a local ordinance, committed by
4 the defendant the opportunity to make a statement
5 concerning the impact on the victim and to offer evidence
6 in aggravation or mitigation; provided that the statement
7 and evidence offered in aggravation or mitigation must
8 first be prepared in writing in conjunction with the
9 State's Attorney before it may be presented orally at the
10 hearing. Any sworn testimony offered by the victim is
11 subject to the defendant's right to cross-examine. All
12 statements and evidence offered under this paragraph (7)
13 shall become part of the record of the court; and
14 (8) in cases of reckless homicide afford the
15 victim's spouse, guardians, parents or other immediate
16 family members an opportunity to make oral statements.
17 (b) All sentences shall be imposed by the judge based
18 upon his independent assessment of the elements specified
19 above and any agreement as to sentence reached by the
20 parties. The judge who presided at the trial or the judge
21 who accepted the plea of guilty shall impose the sentence
22 unless he is no longer sitting as a judge in that court.
23 Where the judge does not impose sentence at the same time on
24 all defendants who are convicted as a result of being
25 involved in the same offense, the defendant or the State's
26 attorney may advise the sentencing court of the disposition
27 of any other defendants who have been sentenced.
28 (c) In imposing a sentence for a violent crime or for an
29 offense of operating or being in physical control of a
30 vehicle while under the influence of alcohol, any other drug
31 or any combination thereof, or a similar provision of a local
32 ordinance, when such offense resulted in the personal injury
33 to someone other than the defendant, the trial judge shall
34 specify on the record the particular evidence, information,
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1 factors in mitigation and aggravation or other reasons that
2 led to his sentencing determination. The full verbatim record
3 of the sentencing hearing shall be filed with the clerk of
4 the court and shall be a public record.
5 (c-1) In imposing a sentence for the offense of
6 aggravated kidnapping for ransom, home invasion, armed
7 robbery, aggravated vehicular hijacking, aggravated discharge
8 of a firearm, or armed violence with a category I weapon or
9 category II weapon, the trial judge shall make a finding as
10 to whether the conduct leading to conviction for the offense
11 resulted in great bodily harm to a victim, and shall enter
12 that finding and the basis for that finding in the record.
13 (c-2) If the defendant is sentenced to prison, other
14 than when a sentence of natural life imprisonment or a
15 sentence of death is imposed, at the time the sentence is
16 imposed the judge shall state on the record in open court the
17 approximate period of time the defendant will serve in
18 custody according to the then current statutory rules and
19 regulations for early release found in Section 3-6-3 and
20 other related provisions of this Code. This statement is
21 intended solely to inform the public, has no legal effect on
22 the defendant's actual release, and may not be relied on by
23 the defendant on appeal.
24 The judge's statement, to be given after pronouncing the
25 sentence, other than when the sentence is imposed for one of
26 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
27 shall include the following:
28 "The purpose of this statement is to inform the public of
29 the actual period of time this defendant is likely to spend
30 in prison as a result of this sentence. The actual period of
31 prison time served is determined by the statutes of Illinois
32 as applied to this sentence by the Illinois Department of
33 Corrections and the Illinois Prisoner Review Board. In this
34 case, assuming the defendant receives all of his or her good
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1 conduct credit, the period of estimated actual custody is ...
2 years and ... months, less up to 180 days additional good
3 conduct credit for meritorious service. If the defendant,
4 because of his or her own misconduct or failure to comply
5 with the institutional regulations, does not receive those
6 credits, the actual time served in prison will be longer.
7 The defendant may also receive an additional one-half day
8 good conduct credit for each day of participation in
9 vocational, industry, substance abuse, and educational
10 programs as provided for by Illinois statute."
11 When the sentence is imposed for one of the offenses
12 enumerated in paragraph (a)(3) of Section 3-6-3, other than
13 when the sentence is imposed for one of the offenses
14 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
15 or after the effective date of this amendatory Act of 1995,
16 the judge's statement, to be given after pronouncing the
17 sentence, shall include the following:
18 "The purpose of this statement is to inform the public of
19 the actual period of time this defendant is likely to spend
20 in prison as a result of this sentence. The actual period of
21 prison time served is determined by the statutes of Illinois
22 as applied to this sentence by the Illinois Department of
23 Corrections and the Illinois Prisoner Review Board. In this
24 case, assuming the defendant receives all of his or her good
25 conduct credit, the period of estimated actual custody is ...
26 years and ... months, less up to 90 days additional good
27 conduct credit for meritorious service. If the defendant,
28 because of his or her own misconduct or failure to comply
29 with the institutional regulations, does not receive those
30 credits, the actual time served in prison will be longer.
31 The defendant may also receive an additional one-half day
32 good conduct credit for each day of participation in
33 vocational, industry, substance abuse, and educational
34 programs as provided for by Illinois statute."
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1 When the sentence is imposed for one of the offenses
2 enumerated in paragraph (a)(2) of Section 3-6-3, other than
3 first degree murder, and the offense was committed on or
4 after the effective date of this amendatory Act of 1995, the
5 judge's statement, to be given after pronouncing the
6 sentence, shall include the following:
7 "The purpose of this statement is to inform the public of
8 the actual period of time this defendant is likely to spend
9 in prison as a result of this sentence. The actual period of
10 prison time served is determined by the statutes of Illinois
11 as applied to this sentence by the Illinois Department of
12 Corrections and the Illinois Prisoner Review Board. In this
13 case, the defendant is entitled to no more than 4 1/2 days of
14 good conduct credit for each month of his or her sentence of
15 imprisonment. Therefore, this defendant will serve at least
16 85% of his or her sentence. Assuming the defendant receives
17 4 1/2 days credit for each month of his or her sentence, the
18 period of estimated actual custody is ... years and ...
19 months. If the defendant, because of his or her own
20 misconduct or failure to comply with the institutional
21 regulations receives lesser credit, the actual time served in
22 prison will be longer."
23 When a sentence of imprisonment is imposed for first
24 degree murder and the offense was committed on or after the
25 effective date of this amendatory Act of 1995, the judge's
26 statement, to be given after pronouncing the sentence, shall
27 include the following:
28 "The purpose of this statement is to inform the public of
29 the actual period of time this defendant is likely to spend
30 in prison as a result of this sentence. The actual period of
31 prison time served is determined by the statutes of Illinois
32 as applied to this sentence by the Illinois Department of
33 Corrections and the Illinois Prisoner Review Board. In this
34 case, the defendant is not entitled to good conduct credit.
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1 Therefore, this defendant will serve 100% of his or her
2 sentence."
3 (c-3) In imposing a sentence for the offense of child
4 abduction under paragraph (10) of subsection (b) of Section
5 10-5 of the Criminal Code of 1961, for purposes of the Sex
6 Offender Registration Act, the trial judge shall make a
7 finding as to whether the conduct was committed for the
8 unlawful purpose of committing or attempting to commit one of
9 the following offenses: child pornography, indecent
10 solicitation of a child, sexual exploitation of a child,
11 soliciting for a juvenile prostitute, patronizing a juvenile
12 prostitute, keeping a place of juvenile prostitution,
13 juvenile pimping, exploitation of a child, criminal sexual
14 assault, aggravated criminal sexual assault, predatory
15 criminal sexual assault of a child, criminal sexual abuse,
16 aggravated criminal sexual abuse, or ritualized abuse of a
17 child.
18 (d) When the defendant is committed to the Department of
19 Corrections, the State's Attorney shall and counsel for the
20 defendant may file a statement with the clerk of the court to
21 be transmitted to the department, agency or institution to
22 which the defendant is committed to furnish such department,
23 agency or institution with the facts and circumstances of the
24 offense for which the person was committed together with all
25 other factual information accessible to them in regard to the
26 person prior to his commitment relative to his habits,
27 associates, disposition and reputation and any other facts
28 and circumstances which may aid such department, agency or
29 institution during its custody of such person. The clerk
30 shall within 10 days after receiving any such statements
31 transmit a copy to such department, agency or institution and
32 a copy to the other party, provided, however, that this shall
33 not be cause for delay in conveying the person to the
34 department, agency or institution to which he has been
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1 committed.
2 (e) The clerk of the court shall transmit to the
3 department, agency or institution, if any, to which the
4 defendant is committed, the following:
5 (1) the sentence imposed;
6 (2) any statement by the court of the basis for
7 imposing the sentence;
8 (3) any presentence reports;
9 (4) the number of days, if any, which the defendant
10 has been in custody and for which he is entitled to
11 credit against the sentence, which information shall be
12 provided to the clerk by the sheriff;
13 (4.1) any finding of great bodily harm made by the
14 court with respect to an offense enumerated in subsection
15 (c-1);
16 (5) all statements filed under subsection (d) of
17 this Section;
18 (6) any medical or mental health records or
19 summaries of the defendant;
20 (7) the municipality where the arrest of the
21 offender or the commission of the offense has occurred,
22 where such municipality has a population of more than
23 25,000 persons;
24 (8) all statements made and evidence offered under
25 paragraph (7) of subsection (a) of this Section; and
26 (9) all additional matters which the court directs
27 the clerk to transmit.
28 (Source: P.A. 89-404, eff. 8-20-95; 89-507, eff. 7-1-97.)
29 Section 15. The Sex Offender Registration Act is amended
30 by changing Sections 2, 3, and 6 as follows:
31 (730 ILCS 150/2) (from Ch. 38, par. 222)
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1 Sec. 2. Definitions. As used in this Article, the
2 following definitions apply:
3 (A) "Sex offender" means any person who is:
4 (1) charged pursuant to Illinois law, or any
5 substantially similar federal or sister state law, with a
6 sex offense set forth in subsection (B) of this Section
7 or the attempt to commit an included sex 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 Section 104-25(c) of the Code of
15 Criminal Procedure of 1963 of such offense or an
16 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 Section 104-25(a) of the Code of Criminal Procedure
20 of 1963 for the alleged commission or attempted
21 commission of such offense; or
22 (e) is found not guilty by reason of insanity
23 following a hearing conducted pursuant to a federal
24 or sister state law substantially similar to Section
25 104-25(c) of the Code of Criminal Procedure of 1963
26 of such offense or of the attempted commission of
27 such offense; or
28 (f) is the subject of a finding not resulting
29 in an acquittal at a hearing conducted pursuant to a
30 federal or sister state law substantially similar to
31 Section 104-25(a) of the Code of Criminal Procedure
32 of 1963 for the alleged violation or attempted
33 commission of such offense; or
34 (2) certified as a sexually dangerous person
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1 pursuant to the Illinois Sexually Dangerous Persons Act,
2 or any substantially similar federal or sister state law;
3 or
4 (3) subject to the provisions of Section 2 of the
5 Interstate Agreements on Sexually Dangerous Persons Act.
6 Convictions that result from or are connected with the
7 same act, or result from offenses committed at the same time,
8 shall be counted for the purpose of this Article as one
9 conviction. Any conviction set aside pursuant to law is not
10 a conviction for purposes of this Article.
11 (B) As used in this Section, "sex offense" means:
12 (1) A violation of any of the following Sections of
13 the Criminal Code of 1961, when the violation is a
14 felony:
15 11-20.1 (child pornography),
16 11-6 (indecent solicitation of a child),
17 11-9.1 (sexual exploitation of a child),
18 11-15.1 (soliciting for a juvenile prostitute),
19 11-18.1 (patronizing a juvenile prostitute),
20 11-17.1 (keeping a place of juvenile
21 prostitution),
22 11-19.1 (juvenile pimping),
23 11-19.2 (exploitation of a child),
24 12-13 (criminal sexual assault),
25 12-14 (aggravated criminal sexual assault),
26 12-14.1 (predatory criminal sexual assault of a
27 child),
28 12-15 (criminal sexual abuse),
29 12-16 (aggravated criminal sexual abuse),
30 12-33 (ritualized abuse of a child).
31 An attempt to commit any of these offenses.
32 (1.5) A felony violation of any of the following
33 Sections of the Criminal Code of 1961, when the victim is
34 a person under 18 years of age, the defendant is not a
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1 parent of the victim, and the offense was committed on or
2 after January 1, 1996:
3 10-1 (kidnapping),
4 10-2 (aggravated kidnapping),
5 10-3 (unlawful restraint),
6 10-3.1 (aggravated unlawful restraint).
7 An attempt to commit any of these offenses.
8 (1.6) First degree murder under Section 9-1 of the
9 Criminal Code of 1961, when the victim was a person under
10 18 years of age, the defendant was at least 17 years of
11 age at the time of the commission of the offense, and the
12 offense was committed on or after June 1, 1996.
13 (1.7) A misdemeanor violation of any of the
14 following Sections of the Criminal Code of 1961, when the
15 offense was committed on or after June 1, 1997:
16 11-6 (indecent solicitation of a child),
17 11-9.1 (sexual exploitation of a child),
18 12-15 (criminal sexual abuse).,
19 An attempt to commit any of these offenses.
20 (1.8) A violation or attempted violation of Section
21 11-11 (sexual relations within families) of the Criminal
22 Code of 1961, when the victim was a person under 18 years
23 of age and the offense was committed on or after June 1,
24 1997.
25 (1.9) (1.7) Child abduction under paragraph (10) of
26 subsection (b) of Section 10-5 of the Criminal Code of
27 1961 committed by luring or attempting to lure a child
28 under the age of 16 into a motor vehicle, building,
29 housetrailer, or dwelling place without the consent of
30 the parent or lawful custodian of the child for other
31 than a lawful purpose and the offense was committed on or
32 after January 1, 1998 the effective date of this
33 amendatory Act of 1997.
34 (2) A violation of any former law of this State
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1 substantially equivalent to any offense listed in
2 subsection (B)(1) of this Section.
3 (C) A conviction for an offense of federal law or the
4 law of another state that is substantially equivalent to any
5 offense listed in subsection (B) of this Section shall
6 constitute a conviction for the purpose of this Article. A
7 finding or adjudication as a sexually dangerous person under
8 any federal law or law of another state that is substantially
9 equivalent to the Sexually Dangerous Persons Act shall
10 constitute an adjudication for the purposes of this Article.
11 (C-5) A person at least 17 years of age at the time of
12 the commission of the offense who is convicted of first
13 degree murder under Section 9-1 of the Criminal Code of 1961,
14 committed on or after June 1, 1996 against a person under 18
15 years of age, shall be required to register for a period of
16 10 years after conviction or adjudication if not confined to
17 a penal institution, hospital, or any other institution or
18 facility, and if confined, for a period of 10 years after
19 parole, discharge, or release from the facility. Liability
20 for registration terminates at the expiration of 10 years
21 from the date of conviction or adjudication if not confined
22 in a 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 facility;
25 provided that the child murderer does not, during that period
26 again become liable to register under the provisions of this
27 Article or the Sex Offender and Child Murderer Community
28 Notification Law.
29 (D) As used in this Article, "law enforcement agency
30 having jurisdiction" means the Chief of Police in the
31 municipality in which the sex offender expects to reside or
32 to be employed (1) upon his or her discharge, parole or
33 release or (2) during the service of his or her sentence of
34 probation or conditional discharge, or the Sheriff of the
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1 county, in the event no Police Chief exists or if the
2 offender intends to reside or be employed in an
3 unincorporated area.
4 (Source: P.A. 89-8, eff. 1-1-96; 89-428, eff. 6-1-96; 89-462,
5 eff. 6-1-96; 90-193, eff. 7-24-97; 90-494, eff. 1-1-98;
6 revised 9-2-97.)
7 (730 ILCS 150/3) (from Ch. 38, par. 223)
8 Sec. 3. Duty to register.
9 (a) A sex offender shall, within the time period
10 prescribed in subsection (c), register in person:
11 (1) with the chief of police of the municipality in
12 which he or she resides or is temporarily domiciled for
13 more than 10 days, unless the municipality is the City of
14 Chicago, in which case he or she shall register at the
15 Chicago Police Department Headquarters; or
16 (2) with the sheriff of the county, if he or she
17 resides or is temporarily domiciled for more than 10 days
18 in an unincorporated area or, if incorporated, no police
19 chief exists.
20 (a-5) In addition to the registration requirements
21 imposed upon a sex offender by subsection (a), a sex offender
22 who is required to register under this Article and who is
23 employed on the effective date of this amendatory Act of
24 1998, within 30 days after the effective date of this
25 amendatory Act of 1998 and a sex offender who is convicted on
26 or after the effective date of this amendatory Act of 1998,
27 within 30 days after employment shall register in person:
28 (1) with the chief of police of the municipality in
29 which he or she is employed, unless the municipality is
30 the City of Chicago, in which case he or she shall
31 register at the Chicago Police Department Headquarters;
32 or
33 (2) with the sheriff of the county, if he or she is
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1 employed in an unincorporated area or, if incorporated,
2 no police chief exists.
3 (b) Any sex offender, regardless of any initial, prior
4 or other registration, shall, within 10 days of establishing
5 a residence, place of employment, or temporary domicile for
6 more than 10 days in any county, register in person as set
7 forth in subsection (a)(1), or (a)(2), or (a-5).
8 (c) The registration for any person required to register
9 under this Article shall be as follows:
10 (1) any person registered under the Habitual Child
11 Sex Offender Registration Act or the Child Sex Offender
12 Registration Act prior to January 1, 1996, shall be
13 deemed initially registered as of January 1, 1996;
14 however, this shall not be construed to extend the
15 duration of registration set forth in Section 7;
16 (2) except as provided in subsection (c)(4), any
17 person convicted or adjudicated prior to January 1, 1996,
18 whose liability for registration under Section 7 has not
19 expired, shall register in person prior to January 31,
20 1996;
21 (3) except as provided in subsection (c)(4), any
22 person convicted on or after January 1, 1996, shall
23 register in person within 10 days after the entry of the
24 sentencing order based upon his or her conviction;
25 (4) any person unable to comply with the
26 registration requirements of this Article because they
27 are confined, institutionalized, or imprisoned in
28 Illinois on or after January 1, 1996, shall register in
29 person within 10 days of discharge, parole or release;
30 (5) the person shall provide positive
31 identification and documentation that substantiates proof
32 of residence at the registering address; and
33 (6) the person shall pay a $10 initial registration
34 fee and a $5 annual renewal fee. The fees shall be
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1 transmitted to the Department of State Police which shall
2 deposit the fees in the Sex Offender Registration Fund.
3 The law enforcement agency having jurisdiction may waive
4 the registration fee if it determines that the person is
5 indigent and unable to pay the registration fee.
6 (Source: P.A. 89-8, eff. 1-1-96; 90-193, eff. 7-24-97.)
7 (730 ILCS 150/6) (from Ch. 38, par. 226)
8 Sec. 6. Duty to report; change of address or employment;
9 duty to inform. A person who has been adjudicated to be
10 sexually dangerous and is later released, or found to be no
11 longer sexually dangerous and discharged, must report in
12 person to the law enforcement agency with whom he or she last
13 registered no later than 90 days after the date of his or her
14 last registration and every 90 days thereafter. Any other
15 person who is required to register under this Article shall
16 report in person to the appropriate law enforcement agency
17 with whom he or she last registered one year from the date of
18 that registration and every year thereafter. If any person
19 required to register under this Article changes his or her
20 residence address or place of employment, he or she shall, in
21 writing, within 10 days inform the law enforcement agency
22 with whom he or she last registered of his or her new address
23 or new place of employment and register with the appropriate
24 law enforcement agency within the time period specified in
25 Section 3. The law enforcement agency shall, within 3 days
26 of receipt, notify the Department of State Police and the law
27 enforcement agency having jurisdiction of the new place of
28 residence or new place of employment.
29 If any person required to register under this Article
30 establishes a residence outside of the State of Illinois,
31 within 10 days after establishing that residence, he or she
32 shall, in writing, inform the law enforcement agency with
33 which he or she last registered of his or her out-of-state
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1 residence. The law enforcement agency with which such person
2 last registered shall, within 3 days notice of an address
3 change, notify the Department of State Police. The
4 Department of State Police shall forward such information to
5 the out-of-state law enforcement agency having jurisdiction
6 in the form and manner prescribed by the Department of State
7 Police.
8 (Source: P.A. 89-8, eff. 1-1-96; 90-193, eff. 7-24-97.)
9 Section 20. The Sex Offender and Child Murderer
10 Community Notification Law is amended by changing Sections
11 105 and 110 and adding Section 126 as follows:
12 (730 ILCS 152/105)
13 Sec. 105. Definitions. As used in this Article, the
14 following definitions apply:
15 "Child care facilities" has the meaning set forth in the
16 Child Care Act of 1969, but does not include licensed foster
17 homes.
18 "Law enforcement agency having jurisdiction" means the
19 Chief of Police in the municipality in which the sex offender
20 expects to reside or expects to be employed (1) upon his or
21 her discharge, parole or release or (2) during the service of
22 his or her sentence of probation or conditional discharge, or
23 the Sheriff of the county, in the event no Police Chief
24 exists or if the offender intends to reside or be employed in
25 an unincorporated area.
26 "Sex offender" means any sex offender as defined in the
27 Sex Offender Registration Act whose offense or adjudication
28 as a sexually dangerous person occurred on or after June 1,
29 1996 and whose victim was under the age of 18 at the time the
30 offense was committed but does not include the offenses set
31 forth in subsection (b)(1.5) of Section 2 of that Act; and
32 any sex offender as defined in the Sex Offender Registration
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1 Act whose offense or adjudication as a sexually dangerous
2 person occurred on or after June 1, 1997 and whose victim was
3 18 years of age or older at the time the offense was
4 committed but does not include the offenses set forth in
5 subsection (b)(1.5) of Section 2 of that Act.
6 "Sex offender" also means any sex offender as defined in
7 the Sex Offender Registration Act whose offense or
8 adjudication as a sexually dangerous person occurred before
9 June 1, 1996 and whose victim was under the age of 18 at the
10 time the offense was committed but does not include the
11 offenses set forth in subsection (b)(1.5) of Section 2 of
12 that Act; and any sex offender as defined in the Sex Offender
13 Registration Act whose offense or adjudication as a sexually
14 dangerous person occurred before June 1, 1997 and whose
15 victim was 18 years of age or older at the time the offense
16 was committed but does not include the offenses set forth in
17 subsection (b)(1.5) of Section 2 of that Act.
18 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96;
19 90-193, eff. 7-24-97.)
20 (730 ILCS 152/110)
21 Sec. 110. Registration. At the time a sex offender
22 registers under Section 3 of the Sex Offender Registration
23 Act or reports a change of address under Section 6 of that
24 Act, the offender shall notify the law enforcement agency
25 having jurisdiction with whom the offender registers or
26 reports a change of address or employment that the offender
27 is a sex offender.
28 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96;
29 90-193, eff. 7-24-97.)
30 (730 ILCS 152/126 new)
31 Sec. 126. Community notification of registration of child
32 sex offenders employed in the community.
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1 (a) The law enforcement agency having jurisdiction shall
2 disclose to the following the names, addresses, place of
3 employment, and offense or adjudication of all child sex
4 offenders registered under Section 3 of the Sex Offender
5 Registration Act or the change of address or employment of
6 those offenders under Section 6 of that Act:
7 (1) School boards of public school districts and
8 the principal or other appropriate administrative officer
9 of each nonpublic school located in the county, other
10 than Cook County, where the child sex offender is
11 employed;
12 (2) Child care facilities located in the county,
13 other than Cook County, where the child sex offender is
14 employed;
15 (3) School boards of public school districts and
16 the principal or other appropriate administrative officer
17 of each nonpublic school located in the municipality
18 within Cook County, other than the City of Chicago, where
19 the child sex offender is employed, and if the child sex
20 offender is employed in an unincorporated area of Cook
21 County, school boards of public school districts and the
22 principal or other appropriate administrative officer of
23 each nonpublic school located in the township where the
24 child sex offender is employed;
25 (4) School boards of public school districts and
26 the principal or other appropriate administrative officer
27 of each nonpublic school located in the police district
28 where the child sex offender is employed if the offender
29 is employed in the City of Chicago;
30 (5) Child care facilities located in the
31 municipality within Cook County, other than the City of
32 Chicago, where the child sex offender is employed, and if
33 the child sex offender is employed in an unincorporated
34 area of Cook County, those child care facilities located
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1 in the township where the child sex offender is employed;
2 and
3 (6) Child care facilities located in the police
4 district where the child sex offender is employed if the
5 offender is employed in the City of Chicago.
6 Section 99. Effective date. This Section and Section 5
7 take effect upon becoming law.".