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92_HB5874enr HB5874 Enrolled LRB9215238RCsbA 1 AN ACT in relation to sex offenders. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 2. The Criminal Code of 1961 is amended by 5 changing Section 11-9.4 as follows: 6 (720 ILCS 5/11-9.4) 7 Sec. 11-9.4. Approaching, contacting, residing, or 8 communicating with a child within certain placespublic park9zoneby child sex offenders prohibited. 10 (a) It is unlawful for a child sex offender to knowingly 11 be present in any public park building or on real property 12 comprising any public park when persons under the age of 18 13 are present in the building or on the grounds and to 14 approach, contact, or communicate with a child under 18 years 15 of age, unless the offender is a parent or guardian of a 16 person under 18 years of age present in the building or on 17 the grounds. 18 (b) It is unlawful for a child sex offender to knowingly 19 loiter on a public way within 500 feet of a public park 20 building or real property comprising any public park while 21 persons under the age of 18 are present in the building or on 22 the grounds and to approach, contact, or communicate with a 23 child under 18 years of age, unless the offender is a parent 24 or guardian of a person under 18 years of age present in the 25 building or on the grounds. 26 (b-5) It is unlawful for a child sex offender to 27 knowingly reside within 500 feet of a playground or a 28 facility providing programs or services exclusively directed 29 toward persons under 18 years of age. Nothing in this 30 subsection (b-5) prohibits a child sex offender from residing 31 within 500 feet of a playground or a facility providing HB5874 Enrolled -2- LRB9215238RCsbA 1 programs or services exclusively directed toward persons 2 under 18 years of age if the property is owned by the child 3 sex offender and was purchased before the effective date of 4 this amendatory Act of the 91st General Assembly. 5 (b-6) It is unlawful for a child sex offender to 6 knowingly reside within 500 feet of the victim of the sex 7 offense. Nothing in this subsection (b-6) prohibits a child 8 sex offender from residing within 500 feet of the victim if 9 the property in which the child sex offender resides is owned 10 by the child sex offender and was purchased before the 11 effective date of this amendatory Act of the 92nd General 12 Assembly. 13 This subsection (b-6) does not apply if the victim of the 14 sex offense is 21 years of age or older. 15 (c) It is unlawful for a child sex offender to knowingly 16 operate, manage, be employed by, volunteer at, be associated 17 with, or knowingly be present at any facility providing 18 programs or services exclusively directed towards persons 19 under the age of 18. This does not prohibit a child sex 20 offender from owning the real property upon which the 21 programs or services are offered, provided the child sex 22 offender refrains from being present on the premises for the 23 hours during which the programs or services are being 24 offered. 25 (d) Definitions. In this Section: 26 (1) "Child sex offender" means any person who: 27 (i) has been charged under Illinois law, or 28 any substantially similar federal law or law of 29 another state, with a sex offense set forth in 30 paragraph (2) of this subsection (d) or the attempt 31 to commit an included sex offense, and: 32 (A) is convicted of such offense or an 33 attempt to commit such offense; or 34 (B) is found not guilty by reason of HB5874 Enrolled -3- LRB9215238RCsbA 1 insanity of such offense or an attempt to 2 commit such offense; or 3 (C) is found not guilty by reason of 4 insanity pursuant to subsection (c) of Section 5 104-25 of the Code of Criminal Procedure of 6 1963 of such offense or an attempt to commit 7 such offense; or 8 (D) is the subject of a finding not 9 resulting in an acquittal at a hearing 10 conducted pursuant to subsection (a) of Section 11 104-25 of the Code of Criminal Procedure of 12 1963 for the alleged commission or attempted 13 commission of such offense; or 14 (E) is found not guilty by reason of 15 insanity following a hearing conducted pursuant 16 to a federal law or the law of another state 17 substantially similar to subsection (c) of 18 Section 104-25 of the Code of Criminal 19 Procedure of 1963 of such offense or of the 20 attempted commission of such offense; or 21 (F) is the subject of a finding not 22 resulting in an acquittal at a hearing 23 conducted pursuant to a federal law or the law 24 of another state substantially similar to 25 subsection (a) of Section 104-25 of the Code of 26 Criminal Procedure of 1963 for the alleged 27 violation or attempted commission of such 28 offense; or 29 (ii) is certified as a sexually dangerous 30 person pursuant to the Illinois Sexually Dangerous 31 Persons Act, or any substantially similar federal 32 law or the law of another state, when any conduct 33 giving rise to such certification is committed or 34 attempted against a person less than 18 years of HB5874 Enrolled -4- LRB9215238RCsbA 1 age; or 2 (iii) is subject to the provisions of Section 3 2 of the Interstate Agreements on Sexually Dangerous 4 Persons Act. 5 Convictions that result from or are connected with 6 the same act, or result from offenses committed at the 7 same time, shall be counted for the purpose of this 8 Section as one conviction. Any conviction set aside 9 pursuant to law is not a conviction for purposes of this 10 Section. 11 (2) Except as otherwise provided in paragraph 12 (2.5), "sex offense" means: 13 (i) A violation of any of the following 14 Sections of the Criminal Code of 1961: 10-7 (aiding 15 and abetting child abduction under Section 16 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 17 (indecent solicitation of a child), 11-6.5 (indecent 18 solicitation of an adult), 11-9 (public indecency 19 when committed in a school, on the real property 20 comprising a school, on a conveyance owned, leased, 21 or contracted by a school to transport students to 22 or from school or a school related activity, or in a 23 public park), 11-9.1 (sexual exploitation of a 24 child), 11-15.1 (soliciting for a juvenile 25 prostitute), 11-17.1 (keeping a place of juvenile 26 prostitution), 11-18.1 (patronizing a juvenile 27 prostitute), 11-19.1 (juvenile pimping), 11-19.2 28 (exploitation of a child), 11-20.1 (child 29 pornography), 11-21 (harmful material), 12-14.1 30 (predatory criminal sexual assault of a child), 31 12-33 (ritualized abuse of a child), 11-20 32 (obscenity) (when that offense was committed in any 33 school, on real property comprising any school, on 34 any conveyance owned, leased, or contracted by a HB5874 Enrolled -5- LRB9215238RCsbA 1 school to transport students to or from school or a 2 school related activity, or in a public park). An 3 attempt to commit any of these offenses. 4 (ii) A violation of any of the following 5 Sections of the Criminal Code of 1961, when the 6 victim is a person under 18 years of age: 12-13 7 (criminal sexual assault), 12-14 (aggravated 8 criminal sexual assault), 12-15 (criminal sexual 9 abuse), 12-16 (aggravated criminal sexual abuse). 10 An attempt to commit any of these offenses. 11 (iii) A violation of any of the following 12 Sections of the Criminal Code of 1961, when the 13 victim is a person under 18 years of age and the 14 defendant is not a parent of the victim: 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 (iv) A violation of any former law of this 21 State substantially equivalent to any offense listed 22 in clause (2)(i) of this subsection (d). 23 (2.5) For the purposes of subsection (b-5) only, a 24 sex offense means: 25 (i) A violation of any of the following 26 Sections of the Criminal Code of 1961: 27 10-5(b)(10) (child luring), 10-7 (aiding 28 and abetting child abduction under Section 29 10-5(b)(10)), 11-6 (indecent solicitation of a 30 child), 11-6.5 (indecent solicitation of an 31 adult), 11-15.1 (soliciting for a juvenile 32 prostitute), 11-17.1 (keeping a place of 33 juvenile prostitution), 11-18.1 (patronizing a 34 juvenile prostitute), 11-19.1 (juvenile HB5874 Enrolled -6- LRB9215238RCsbA 1 pimping), 11-19.2 (exploitation of a child), 2 11-20.1 (child pornography), 12-14.1 (predatory 3 criminal sexual assault of a child), or 12-33 4 (ritualized abuse of a child). An attempt to 5 commit any of these offenses. 6 (ii) A violation of any of the following 7 Sections of the Criminal Code of 1961, when the 8 victim is a person under 18 years of age: 12-13 9 (criminal sexual assault), 12-14 (aggravated 10 criminal sexual assault), 12-16 (aggravated criminal 11 sexual abuse), and subsection (a) of Section 12-15 12 (criminal sexual abuse). An attempt to commit any 13 of these offenses. 14 (iii) A violation of any of the following 15 Sections of the Criminal Code of 1961, when the 16 victim is a person under 18 years of age and the 17 defendant is not a parent of the victim: 18 10-1 (kidnapping), 19 10-2 (aggravated kidnapping), 20 10-3 (unlawful restraint), 21 10-3.1 (aggravated unlawful restraint). 22 An attempt to commit any of these offenses. 23 (iv) A violation of any former law of this 24 State substantially equivalent to any offense listed 25 in this paragraph (2.5) of this subsection. 26 (3) A conviction for an offense of federal law or 27 the law of another state that is substantially equivalent 28 to any offense listed in paragraph (2) of this 29 subsection (d) shall constitute a conviction for the 30 purpose of this Section. A finding or adjudication as a 31 sexually dangerous person under any federal law or law of 32 another state that is substantially equivalent to the 33 Sexually Dangerous Persons Act shall constitute an 34 adjudication for the purposes of this Section. HB5874 Enrolled -7- LRB9215238RCsbA 1 (4) "Public park" includes a park, forest preserve, 2 or conservation area under the jurisdiction of the State 3 or a unit of local government. 4 (5) "Facility providing programs or services 5 directed towards persons under the age of 18" means any 6 facility providing programs or services exclusively 7 directed towards persons under the age of 18. 8 (6) "Loiter" means: 9 (i) Standing, sitting idly, whether or not the 10 person is in a vehicle or remaining in or around 11 public park property. 12 (ii) Standing, sitting idly, whether or not 13 the person is in a vehicle or remaining in or around 14 public park property, for the purpose of committing 15 or attempting to commit a sex offense. 16 (7) "Playground" means a piece of land owned or 17 controlled by a unit of local government that is 18 designated by the unit of local government for use solely 19 or primarily for children's recreation. 20 (e) Sentence. A person who violates this Section is 21 guilty of a Class 4 felony. 22 (Source: P.A. 91-458, eff. 1-1-00; 91-911, eff. 7-7-00.) 23 Section 5. The Sex Offender Registration Act is amended 24 by changing Sections 2, 3, 4, 5, 5-5, 6, 7, 8-5, and 10 as 25 follows: 26 (730 ILCS 150/2) (from Ch. 38, par. 222) 27 Sec. 2. Definitions. 28 (A) As used in this Article,the following definitions29apply: (A)"sex offender" means any person who is: 30 (1) charged pursuant to Illinois law, or any 31 substantially similar federal, Uniform Code of Military 32 Justice, sister state, or foreign country law, with a sex HB5874 Enrolled -8- LRB9215238RCsbA 1 offense set forth in subsection (B) of this Section or 2 the attempt to commit an included sex offense, and: 3 (a) is convicted of such offense or an attempt 4 to commit such offense; or 5 (b) is found not guilty by reason of insanity 6 of such offense or an attempt to commit such 7 offense; or 8 (c) is found not guilty by reason of insanity 9 pursuant to Section 104-25(c) of the Code of 10 Criminal Procedure of 1963 of such offense or an 11 attempt to commit such offense; or 12 (d) is the subject of a finding not resulting 13 in an acquittal at a hearing conducted pursuant to 14 Section 104-25(a) of the Code of Criminal Procedure 15 of 1963 for the alleged commission or attempted 16 commission of such offense; or 17 (e) is found not guilty by reason of insanity 18 following a hearing conducted pursuant to a federal, 19 Uniform Code of Military Justice, sister state, or 20 foreign country law substantially similar to Section 21 104-25(c) of the Code of Criminal Procedure of 1963 22 of such offense or of the attempted commission of 23 such offense; or 24 (f) is the subject of a finding not resulting 25 in an acquittal at a hearing conducted pursuant to a 26 federal, Uniform Code of Military Justice, sister 27 state, or foreign country law substantially similar 28 to Section 104-25(a) of the Code of Criminal 29 Procedure of 1963 for the alleged violation or 30 attempted commission of such offense; or 31 (2) certified as a sexually dangerous person 32 pursuant to the Illinois Sexually Dangerous Persons Act, 33 or any substantially similar federal, Uniform Code of 34 Military Justice, sister state, or foreign country law; HB5874 Enrolled -9- LRB9215238RCsbA 1 or 2 (3) subject to the provisions of Section 2 of the 3 Interstate Agreements on Sexually Dangerous Persons Act; 4 or 5 (4) found to be a sexually violent person pursuant 6 to the Sexually Violent Persons Commitment Act or any 7 substantially similar federal, Uniform Code of Military 8 Justice, sister state, or foreign country law; or.9 (5) adjudicated a juvenile delinquent as the result 10 of committing or attempting to commit an act which, if 11 committed by an adult, would constitute any of the 12 offenses specified in item (B), (C), or (C-5) of this 13 Section or a violation of any substantially similar 14 federal, Uniform Code of Military Justice, sister state, 15 or foreign country law, or found guilty under Article V 16 of the Juvenile Court Act of 1987 of committing or 17 attempting to commit an act which, if committed by an 18 adult, would constitute any of the offenses specified in 19 item (B), (C), or (C-5) of this Section or a violation of 20 any substantially similar federal, Uniform Code of 21 Military Justice, sister state, or foreign country law. 22 Convictions that result from or are connected with the 23 same act, or result from offenses committed at the same time, 24 shall be counted for the purpose of this Article as one 25 conviction. Any conviction set aside pursuant to law is not 26 a conviction for purposes of this Article. 27(A-5) "Juvenile sex offender" means any person who is28Adjudicated a juvenile delinquent as the result of the29commission of or attempt to commit a violation set forth in30item (B), (C), or (C-5) of this Section or a violation of any31substantially similar federal, sister state, or foreign32country law.For purposes of this Section, "convicted" shall 33 have the same meaning as "adjudicated". 34 (B) As used in this ArticleSection, "sex offense" HB5874 Enrolled -10- LRB9215238RCsbA 1 means: 2 (1) A violation of any of the following Sections of 3 the Criminal Code of 1961: 4 11-20.1 (child pornography), 5 11-6 (indecent solicitation of a child), 6 11-9.1 (sexual exploitation of a child), 7 11-15.1 (soliciting for a juvenile prostitute), 8 11-18.1 (patronizing a juvenile prostitute), 9 11-17.1 (keeping a place of juvenile 10 prostitution), 11 11-19.1 (juvenile pimping), 12 11-19.2 (exploitation of a child), 13 12-13 (criminal sexual assault), 14 12-14 (aggravated criminal sexual assault), 15 12-14.1 (predatory criminal sexual assault of a 16 child), 17 12-15 (criminal sexual abuse), 18 12-16 (aggravated criminal sexual abuse), 19 12-33 (ritualized abuse of a child). 20 An attempt to commit any of these offenses. 21 (1.5) Afelonyviolation of any of the following 22 Sections of the Criminal Code of 1961, when the victim is 23 a person under 18 years of age, the defendant is not a 24 parent of the victim, and the offense was committed on or 25 after January 1, 1996: 26 10-1 (kidnapping), 27 10-2 (aggravated kidnapping), 28 10-3 (unlawful restraint), 29 10-3.1 (aggravated unlawful restraint). 30 An attempt to commit any of these offenses. 31 (1.6) First degree murder under Section 9-1 of the 32 Criminal Code of 1961, when the victim was a person under 33 18 years of age, the defendant was at least 17 years of 34 age at the time of the commission of the offense, and the HB5874 Enrolled -11- LRB9215238RCsbA 1 offense was committed on or after June 1, 1996. 2 (1.7) (Blank). 3 (1.8) A violation or attempted violation of Section 4 11-11 (sexual relations within families) of the Criminal 5 Code of 1961,when the victim was a person under 18 years6of ageand the offense was committed on or after June 1, 7 1997. 8 (1.9) Child abduction under paragraph (10) of 9 subsection (b) of Section 10-5 of the Criminal Code of 10 1961 committed by luring or attempting to lure a child 11 under the age of 16 into a motor vehicle, building, house 12 trailerhousetrailer, or dwelling place without the 13 consent of the parent or lawful custodian of the child 14 for other than a lawful purpose and the offense was 15 committed on or after January 1, 1998. 16 (1.10) A violation or attempted violation of any of 17 the following Sections of the Criminal Code of 1961 when 18 the offense was committed on or after July 1, 1999the19effective date of this amendatory Act of the 91st General20Assembly: 21 10-4 (forcible detention, if the victim is 22 under 18 years of age), 23 11-6.5 (indecent solicitation of an adult), 24 11-15 (soliciting for a prostitute, if the 25 victim is under 18 years of age), 26 11-16 (pandering, if the victim is under 18 27 years of age), 28 11-18 (patronizing a prostitute, if the victim 29 is under 18 years of age), 30 11-19 (pimping, if the victim is under 18 31 years of age). 32 (1.11) A violation or attempted violation of any of 33 the following Sections of the Criminal Code of 1961 when 34 the offense was committed on or after the effective date HB5874 Enrolled -12- LRB9215238RCsbA 1 of this amendatory Act of the 92nd General Assembly: 2 11-9 (public indecency for a third or 3 subsequent conviction), 4 11-9.2 (custodial sexual misconduct). 5 (1.12) A violation or attempted violation of 6 Section 5.1 of the Wrongs to Children Act (permitting 7 sexual abuse) when the offense was committed on or after 8 the effective date of this amendatory Act of the 92nd 9 General Assembly. 10 (2) A violation of any former law of this State 11 substantially equivalent to any offense listed in 12 subsection (B)(1)of this Section. 13 (C) A conviction for an offense of federal law, Uniform 14 Code of Military Justice, or the law of another state or a 15 foreign country that is substantially equivalent to any 16 offense listed in subsectionssubsection(B), (C), and (E) of 17 this Section shall constitute a conviction for the purpose of 18 this Article. A finding or adjudication as a sexually 19 dangerous person or a sexually violent person under any 20 federal law, Uniform Code of Military Justice, or the law of 21 another state or foreign country that is substantially 22 equivalent to the Sexually Dangerous Persons Act or the 23 Sexually Violent Persons Commitment Act shall constitute an 24 adjudication for the purposes of this Article. 25 (C-5) A person at least 17 years of age at the time of 26 the commission of the offense who is convicted of first 27 degree murder under Section 9-1 of the Criminal Code of 1961, 28 committed on or after June 1, 1996 against a person under 18 29 years of age, shall be required to register for natural life. 30 A conviction for an offense of federal, Uniform Code of 31 Military Justice, sister state, or foreign country law that 32 is substantially equivalent to any offense listed in 33 subsection (C-5) of this Section shall constitute a 34 conviction for the purpose of this Article. HB5874 Enrolled -13- LRB9215238RCsbA 1 (D) As used in this Article, "law enforcement agency 2 having jurisdiction" means the Chief of Police in each of the 3 municipalitiesmunicipalityin which the sex offender expects 4 to reside, work, or attend school (1) upon his or her 5 discharge, parole or release or (2) during the service of his 6 or her sentence of probation or conditional discharge, or the 7 Sheriff of the county, in the event no Police Chief exists or 8 if the offender intends to reside, work, or attend school in 9 an unincorporated area. "Law enforcement agency having 10 jurisdiction" includes the location where out-of-state 11 students attend school and where out-of-state employees are 12 employed or are otherwise required to register. 13 (E) As used in this Article, "sexual predator" means any 14 person who, after July 1, 1999the effective date of this15amendatory Act of the 91st General Assembly, is: 16 (1) Convicted for an offense of federal, Uniform 17 Code of Military Justice, sister state, or foreign 18 country law that is substantially equivalent to any 19 offense listed in subsection (E) of this Section shall 20 constitute a conviction for the purpose of this Article. 21 Convicted of a violation or attempted violation of any of 22 the following Sections of the Criminal Code of 1961, if 23andthe conviction occurred after July 1, 1999the24effective date of this amendatory Act of the 91st General25Assembly: 26 11-17.1 (keeping a place of juvenile 27 prostitution), 28 11-19.1 (juvenile pimping), 29 11-19.2 (exploitation of a child), 30 11-20.1 (child pornography), 31 12-13 (criminal sexual assault, if the victim 32 is a person under 12 years of age), 33 12-14 (aggravated criminal sexual assault), 34 12-14.1 (predatory criminal sexual assault of HB5874 Enrolled -14- LRB9215238RCsbA 1 a child), 2 12-16 (aggravated criminal sexual abuse), 3 12-33 (ritualized abuse of a child); or 4 (2) convicted of first degree murder under Section 5 9-1 of the Criminal Code of 1961, when the victim was a 6 person under 18 years of age and the defendant was at 7 least 17 years of age at the time of the commission of 8 the offense; or 9 (3) certified as a sexually dangerous person 10 pursuant to the Sexually Dangerous Persons Act or any 11 substantially similar federal, Uniform Code of Military 12 Justice, sister state, or foreign country law; or 13 (4) found to be a sexually violent person pursuant 14 to the Sexually Violent Persons Commitment Act or any 15 substantially similar federal, Uniform Code of Military 16 Justice, sister state, or foreign country law; or 17 (5) convicted of a second or subsequent offense 18 which requires registration pursuant to this Act. The 19 conviction for the second or subsequent offense must have 20 occurred after July 1, 1999the effective date of this21amendatory Act of the 91st General Assembly. For 22 purposes of this paragraph (5), "convicted" shall include 23includesa conviction under any substantially similar 24 Illinois, federal, Uniform Code of Military Justice, 25 sister state, or foreign country law. 26 (F) As used in this Article, "out-of-state student" 27 means any sex offender, as defined in this Section, or sexual 28 predator who is enrolled in Illinois, on a full-time or 29 part-time basis, in any public or private educational 30 institution, including, but not limited to, any secondary 31 school, trade or professional institution, or institution of 32 higher learning. 33 (G) As used in this Article, "out-of-state employee" 34 means any sex offender, as defined in this Section, or sexual HB5874 Enrolled -15- LRB9215238RCsbA 1 predator who works in Illinois, regardless of whether the 2 individual receives payment for services performed, for a 3 period of time of 10 or moreexceeding 14days or for an 4 aggregate period of time ofexceeding30 or more days during 5 any calendar year. Persons who operate motor vehicles in the 6 State accrue one day of employment time for any portion of a 7 day spent in Illinois. 8 (Source: P.A. 90-193, eff. 7-24-97; 90-494, eff. 1-1-98; 9 90-655, eff. 7-30-98; 91-48, eff. 7-1-99; revised 12-9-99.) 10 (730 ILCS 150/3) (from Ch. 38, par. 223) 11 Sec. 3. Duty to register. 12 (a) A sex offender, as defined in Section 2 of this Act, 13 or sexual predator shall, within the time period prescribed 14 in subsections (b) andsubsection(c), register in person and 15 provide accurate information as required by the Department of 16 State Police. Such information shallwillinclude current 17 address, current place of employment, and school attended. 18 The sex offender or sexual predator shall register: 19 (1) with the chief of police in each of the 20 municipalitiesmunicipalityin which he or she attends 21 school, is employed, resides or is temporarily domiciled 22 for a period of time of 10 or more days, unless the 23 municipality is the City of Chicago, in which case he or 24 she shall register at the Chicago Police Department 25 Headquarters; or 26 (2) with the sheriff in each of the counties in 27 whichcounty, ifhe or she attends school, is employed, 28 resides or is temporarily domiciledfor more than 10 days29 in an unincorporated area or, if incorporated, no police 30 chief exists. 31 For purposes of this Article, the place of residence or 32 temporary domicile is defined as any and all places where the 33 sex offender resides for an aggregate period of time of 10 or HB5874 Enrolled -16- LRB9215238RCsbA 1 more days during any calendar year. 2 The sex offender or sexual predator shall provide 3 accurate information as required by the Department of State 4 Police. That information shall include the sex offender's or 5 sexual predator's current place of employment. 6 (a-5) AnAout-of-state student or out-of-state employee 7 shall, within 10 days after beginning school or employment in 8 this State, register in person and provide accurate 9 information as required by the Department of State Police. 10 Such information will include current place of employment, 11 school attended, and address in state of residence: 12 (1) with the chief of police in each of the 13 municipalitiesmunicipalityin which he or sheis14employed orattends school or is employed for a period of 15 time of 10 or more daysexceeding 14 daysor for an 16 aggregate period of time of more thanexceeding30 days 17 during any calendar year, unless the municipality is the 18 City of Chicago, in which case he or she shall register 19 at the Chicago Police Department Headquarters;,or 20 (2) with the sheriff in each of the countiescounty21 in which he or she attends school or is employed for a 22 period of time of 10 or more daysexceeding 14 daysor 23 for an aggregate period of time of more thanexceeding30 24 days during any calendar year in an unincorporated area,25 or, if incorporated, no police chief exists. 26 The out-of-state student or out-of-state employee shall 27 provide accurate information as required by the Department of 28 State Police. That information shall include the 29 out-of-state student's current place of school attendance or 30 the out-of-state employee's current place of employment. 31(a-5) In addition to the registration requirements32imposed upon a sex offender by subsection (a), a sex offender33who is required to register under this Article and who is34employed on the effective date of this amendatory Act of 1999HB5874 Enrolled -17- LRB9215238RCsbA 1within 10 days after the effective date of this amendatory2Act of 1999 and a sex offender who is convicted on or after3the effective date of this amendatory Act of 1999, within 104days after employment shall submit in person or in writing5the business name and address where he or she is employed.6Multiple businesses or work locations must be reported to the7agency having jurisdiction. The sex offender must submit his8or her business address to the law enforcement agency having9jurisdiction within 10 days after obtaining employment or if10employed on the effective date of this amendatory Act of 199911within 10 days after that effective date.12 (b) Any sex offender, as defined in Section 2 of this 13 Act, or sexual predator, regardless of any initial, prior, or 14 other registration, shall, within 10 days of beginning 15 school, or establishing a residence, place of employment, or 16 temporary domicilefor more than 10 daysin any county, 17 register in person as set forth in subsection (a)(1), (a)(2),18 or (a-5). 19 (c) The registration for any person required to register 20 under this Article shall be as follows: 21 (1) Any person registered under the Habitual Child 22 Sex Offender Registration Act or the Child Sex Offender 23 Registration Act prior to January 1, 1996, shall be 24 deemed initially registered as of January 1, 1996; 25 however, this shall not be construed to extend the 26 duration of registration set forth in Section 7.;27 (2) Except as provided in subsection (c)(4), any 28 person convicted or adjudicated prior to January 1, 1996, 29 whose liability for registration under Section 7 has not 30 expired, shall register in person prior to January 31, 31 1996.;32 (2.5) Except as provided in subsection (c)(4), any 33 person who has not been notified of his or her 34 responsibility to register shall be notified by a HB5874 Enrolled -18- LRB9215238RCsbA 1 criminal justice entity of his or her responsibility to 2 register. Upon notification the person must then 3 register within 10 days of notification of his or her 4 requirement to register. If notification is not made 5 within the offender's 10 year registration requirement, 6 and the Department of State Police determines no evidence 7 exists or indicates the offender attempted to avoid 8 registration, the offender will no longer be required to 9 register under this Act. 10 (3) Except as provided in subsection (c)(4), any 11 person convicted on or after January 1, 1996, shall 12 register in person within 10 days after the entry of the 13 sentencing order based upon his or her conviction.;14 (4) Any person unable to comply with the 15 registration requirements of this Article because he or 16 she isthey areconfined, institutionalized, or 17 imprisoned in Illinois on or after January 1, 1996, shall 18 register in person within 10 days of discharge, parole or 19 release.;20 (5) The person shall provide positive 21 identification and documentation that substantiates proof 22 of residence at the registering address.; and23 (6) The person shall pay a $10 initial registration 24 fee and a $5 annual renewal fee. The fees shall be used 25 by the registering agency for official purposes. The 26 agency shall establish procedures to document receipt and 27 use of the funds. The law enforcement agency having 28 jurisdiction may waive the registration fee if it 29 determines that the person is indigent and unable to pay 30 the registration fee. 31 (d) Within 10 days after obtaining or changing 32 employment and, if employed on January 1, 2000, within 10 33 days after that date, a person required to register under 34 this Section must report, in person or in writing to the law HB5874 Enrolled -19- LRB9215238RCsbA 1 enforcement agency having jurisdiction, the business name and 2 address where he or she is employed. If the person has 3 multiple businesses or work locations, every business and 4 work location must be reported to the law enforcement agency 5 having jurisdiction. 6 (Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99; 7 91-394, eff. 1-1-00; revised 12-9-99.) 8 (730 ILCS 150/4) (from Ch. 38, par. 224) 9 Sec. 4. Discharge of sex offender, as defined in Section 10 2 of this Act, or sexual predator from Department of 11 Corrections facility or other penal institution; duties of 12 official in charge. Any sex offender, as defined in Section 2 13 of this Act, or sexual predator, as defined by this Article, 14 who is discharged, paroled or released from a Department of 15 Corrections facility, a facility where such person was placed 16 by the Department of Corrections or another penal 17 institution, and whose liability for registration has not 18 terminated under Section 7 shall, prior to discharge, parole 19 or release from the facility or institution, be informed of 20 his or her duty to register in person within 10 days under 21 this Article by the facility or institution in which he or 22 she was confined. The facility or institution shall also 23 inform any person who must register that if he or she 24 establishes a residence outside of the State of Illinois, is 25 employed outside of the State of Illinois, or attends school 26 outside of the State of Illinois, he or she must register in 27 the new state within 10 days after establishing the 28 residence, beginning employment, or beginning school. 29 The facility shall require the person to read and sign 30 such form as may be required by the Department of State 31 Police stating that the duty to register and the procedure 32 for registration has been explained to him or her and that he 33 or she understands the duty to register and the procedure for HB5874 Enrolled -20- LRB9215238RCsbA 1 registration. The facility shall further advise the person 2 in writing that the failure to register or other violation of 3 this Article shall result in revocation of parole, mandatory 4 supervised release or conditional release. The facility shall 5 obtain information aboutthe addresswhere the person expects 6 to reside, work, and attend school upon his or her discharge, 7 parole or release and shall report the informationaddressto 8 the Department of State Police. The facility shall give one 9 copy of the form to the person and shall send one copy to 10 each oftwo copies to the Department of State Police which11shall notifythe law enforcement agenciesagencyhaving 12 jurisdiction where the person expects to reside, work, and 13 attend school upon his or her discharge, parole or release 14 and retain one copy for the files. Electronic data files 15 which includes all notification form information and 16 photographs of sex offenders being released from an Illinois 17 Department of Corrections facility will be shared on a 18 regular basis as determined between the Department of State 19 Police and the Department of Corrections. 20 (Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99.) 21 (730 ILCS 150/5) (from Ch. 38, par. 225) 22 Sec. 5. Release of sex offender, as defined in Section 2 23 of this Act, or sexual predator; duties of the Court. Any sex 24 offender, as defined in Section 2 of this Act, or sexual 25 predator, as defined by this Article, who is released on 26 probation or discharged upon payment of a fine because of the 27 commission of one of the offenses defined in subsection (B) 28 of Section 2 of this Article, shall, prior to such release be 29 informed of his or her duty to register under this Article by 30 the Court in which he or she was convicted. The Court shall 31 also inform any person who must register that if he or she 32 establishes a residence outside of the State of Illinois, is 33 employed outside of the State of Illinois, or attends school HB5874 Enrolled -21- LRB9215238RCsbA 1 outside of the State of Illinois, he or she must register in 2 the new state within 10 days after establishing the 3 residence, beginning employment, or beginning school. The 4 Court shall require the person to read and sign such form as 5 may be required by the Department of State Police stating 6 that the duty to register and the procedure for registration 7 has been explained to him or her and that he or she 8 understands the duty to register and the procedure for 9 registration. The Court shall further advise the person in 10 writing that the failure to register or other violation of 11 this Article shall result in probation revocation. The Court 12 shall obtain information aboutthe addresswhere the person 13 expects to reside, work, and attend school upon his or her 14 release, and shall report the informationaddressto the 15 Department of State Police. The Court shall give one copy of 16 the form to the person and retain the original in the court 17 records. The Department of State Police shall notify the law 18 enforcement agenciesagencyhaving jurisdiction where the 19 person expects to reside, work and attend school upon his or 20 her release. 21 (Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99.) 22 (730 ILCS 150/5-5) 23 Sec. 5-5. Discharge of sex offender or sexual predator 24 from a hospital or other treatment facility; duties of the 25 official in charge. Any sex offender, as defined in Section 2 26 of this Act, or sexual predator, as defined in this Article, 27 who is discharged or released from a hospital or other 28 treatment facility where he or she was confined shall be 29 informed by the hospital or treatment facility in which he or 30 she was confined, prior to discharge or release from the 31 hospital or treatment facility, of his or her duty to 32 register under this Article. 33 The facility shall require the person to read and sign HB5874 Enrolled -22- LRB9215238RCsbA 1 such form as may be required by the Department of State 2 Police stating that the duty to register and the procedure 3 for registration has been explained to him or her and that he 4 or she understands the duty to register and the procedure for 5 registration. The facility shall give one copy of the form 6 to the person, retain one copy for their records, and forward 7 the original to the Department of State Police. The facility 8 shall obtain information aboutthe addresswhere the person 9 expects to reside, work, and attend school upon his or her 10 discharge, parole, or release and shall report the 11 informationaddressto the Department of State Police within 12 3 days. The facility or institution shall also inform any 13 person who must register that if he or she establishes a 14 residence outside of the State of Illinois, is employed 15 outside of the State of Illinois, or attends school outside 16 of the State of Illinois, he or she must register in the new 17 state within 10 days after establishing the residence, 18 beginning school, or beginning employment. The Department of 19 State Police shall notify the law enforcement agenciesagency20 having jurisdiction where the person expects to reside, work, 21 and attend school upon his or her release. 22 (Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99.) 23 (730 ILCS 150/6) (from Ch. 38, par. 226) 24 Sec. 6. Duty to report; change of address, school, or 25 employment; duty to inform. A person who has been adjudicated 26 to be sexually dangerous or is a sexually violent person and 27 is later released, or found to be no longer sexually 28 dangerous or no longer a sexually violent person and 29 discharged, shallmustreport in person to the law 30 enforcement agency with whom he or she last registered no 31 later than 90 days after the date of his or her last 32 registration and every 90 days thereafter. Any other person 33 who is required to register under this Article shall report HB5874 Enrolled -23- LRB9215238RCsbA 1 in person to the appropriate law enforcement agency with whom 2 he or she last registered within one year from the date of 3 lastthatregistration and every year thereafter. If any 4 person required to register under this Article changes his or 5 her residence address,orplace of employment, or school, he 6 or she shall, in writing, within 10 days inform the law 7 enforcement agency with whom he or she last registered of his 8 or her new address, change inor new place ofemployment, or 9 school and register with the appropriate law enforcement 10 agency within the time period specified in Section 3. The 11 law enforcement agency shall, within 3 days of receipt, 12 notify the Department of State Police and the law enforcement 13 agency having jurisdiction of the new place of residence, 14 change inor new place ofemployment, or school. 15 If any person required to register under this Article 16 establishes a residence or employment outside of the State of 17 Illinois, within 10 days after establishing that residence or 18 employment, he or she shall, in writing, inform the law 19 enforcement agency with which he or she last registered of 20 his or her out-of-state residence or employment. The law 21 enforcement agency with which such person last registered 22 shall, within 3 days notice of an address or employment 23 change, notify the Department of State Police. The 24 Department of State Police shall forward such information to 25 the out-of-state law enforcement agency having jurisdiction 26 in the form and manner prescribed by the Department of State 27 Police. 28 (Source: P.A. 91-48, eff. 7-1-99; 91-394, eff. 1-1-00; 92-16, 29 eff. 6-28-01.) 30 (730 ILCS 150/7) (from Ch. 38, par. 227) 31 Sec. 7. Duration of registration. A person who has been 32 adjudicated to be sexually dangerous and is later released or 33 found to be no longer sexually dangerous and discharged, HB5874 Enrolled -24- LRB9215238RCsbA 1 shall register for the period of his or her natural life. A 2 sexually violent person or sexual predator shall register for 3 the period of his or her natural life after conviction or 4 adjudication if not confined to a penal institution, 5 hospital, or other institution or facility, and if confined, 6 for the period of his or her natural life after parole, 7 discharge, or release from any such facility. Any other 8 person who is required to register under this Article shall 9 be required to register for a period of 10 years after 10 conviction or adjudication if not confined to a penal 11 institution, hospital or any other institution or facility, 12 and if confined, for a period of 10 years after parole, 13 discharge or release from any such facility. A sex offender 14 who is allowed to leave a county, State, or federal facility 15 for the purposes of work release, education, or overnight 16 visitations shall be required to register within 10 days of 17 beginning such a program. Liability for registration 18 terminates at the expiration of 10 years from the date of 19 conviction or adjudication if not confined to a penal 20 institution, hospital or any other institution or facility 21 and if confined, at the expiration of 10 years from the date 22 of parole, discharge or release from any such facility, 23 providing such person does not, during that period, again 24 become liable to register under the provisions of this 25 Article. The Director of State Police, consistent with 26 administrative rules, shall extend for 10 years the 27 registration period of any sex offender, as defined in 28 Section 2 of this Act, who fails to comply with the 29 provisions of this Article. 30 (Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99.) 31 (730 ILCS 150/8-5) 32 Sec. 8-5. Address verification requirements. The agency 33 having jurisdiction shall verify the address of sex HB5874 Enrolled -25- LRB9215238RCsbA 1 offenders, as defined in Section 2 of this Act, or sexual 2 predators required to register with their agency at least 3 once per calendar year. The verification must be documented 4 in LEADS in the form and manner required by the Department of 5 State Police. 6 (730 ILCS 150/10) (from Ch. 38, par. 230) 7 Sec. 10. Penalty. Any person who is required to 8 register under this Article who violates any of the 9 provisions of this Article and any person who is required to 10 register under this Article who seeks to change his or her 11 name under Article 21 of the Code of Civil Procedure is 12 guilty of a Class 4 felony. Any person who is required to 13 register under this Article who knowingly or wilfully gives 14 material information required by this Article that is false 15 is guilty of a Class 3 felony. Any person convicted of a 16 violation of any provision of this Article shall, in addition 17 to any other penalty required by law, be required to serve a 18 minimum period of 7 days confinement in the local county 19 jail. The court shall impose a mandatory minimum fine of 20 $500 for failure to comply with any provision of this 21 Article. These fines shall be deposited in the Sex Offender 22 Registration Fund. Any sex offender, as defined in Section 2 23 of this Act, or sexual predator who violates any provision of 24 this Article may be tried in any Illinois county where the 25 sex offender can be located. 26 (Source: P.A. 91-48, eff. 7-1-99; 91-221, eff. 7-22-99; 27 92-16, eff. 6-28-01.) 28 Section 10. The Sex Offender and Child Murderer 29 Community Notification Law is amended by changing Sections 30 105, 117, and 120 as follows: 31 (730 ILCS 152/105) HB5874 Enrolled -26- LRB9215238RCsbA 1 Sec. 105. Definitions. As used in this Article, the 2 following definitions apply: 3 "Child care facilities" has the meaning set forth in the 4 Child Care Act of 1969, but does not include licensed foster 5 homes. 6 "Law enforcement agency having jurisdiction" means the 7 Chief of Police in the municipality in which the sex offender 8 expects to reside (1) upon his or her discharge, parole or 9 release or (2) during the service of his or her sentence of 10 probation or conditional discharge, or the Sheriff of the 11 county, in the event no Police Chief exists or if the 12 offender intends to reside in an unincorporated area. "Law 13 enforcement agency having jurisdiction" includes the location 14 where out-of-state students attend school and where 15 out-of-state employees are employed or are otherwise required 16 to register. 17 "Sex offender" means any sex offender as defined in the 18 Sex Offender Registration Act whose offense or adjudication 19 as a sexually dangerous person occurred on or after June 1, 20 1996, and whose victim was under the age of 18 at the time 21 the offense was committed but does not include the offenses 22 set forth in subsection (b)(1.5) of Section 2 of that Act; 23 and any sex offender as defined in the Sex Offender 24 Registration Act whose offense or adjudication as a sexually 25 dangerous person occurred on or after June 1, 1997, and whose 26 victim was 18 years of age or older at the time the offense 27 was committed but does not include the offenses set forth in 28 subsection (b)(1.5) of Section 2 of that Act. 29 "Sex offender" also means any sex offender as defined in 30 the Sex Offender Registration Act whose offense or 31 adjudication as a sexually dangerous person occurred before 32 June 1, 1996, and whose victim was under the age of 18 at the 33 time the offense was committed but does not include the 34 offenses set forth in subsection (b)(1.5) of Section 2 of HB5874 Enrolled -27- LRB9215238RCsbA 1 that Act; and any sex offender as defined in the Sex Offender 2 Registration Act whose offense or adjudication as a sexually 3 dangerous person occurred before June 1, 1997, and whose 4 victim was 18 years of age or older at the time the offense 5 was committed but does not include the offenses set forth in 6 subsection (b)(1.5) of Section 2 of that Act. 7 "Juvenile sex offender" means any person who is 8 adjudicated a juvenile delinquent as the result of the 9 commission of or attempt to commit a violation set forth in 10 item (B), (C), or (C-5) of Section 2 of the Sex Offender 11 Registration Act, or a violation of any substantially similar 12 federal, Uniform Code of Military Justice, sister state, or 13 foreign country law, and whose adjudication occurred on or 14 after the effective date of this amendatory Act of the 91st 15 General Assembly. 16 (Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99.) 17 (730 ILCS 152/117) 18 Sec. 117. The Department of State Police shall 19 promulgate rules to develop a list of sex offenders covered 20 by this Act and a list of child care facilities,andschools, 21 and institutions of higher education eligible to receive 22 notice under this Act, so that the list can be disseminated 23 in a timely manner to law enforcement agencies having 24 jurisdiction. 25 (Source: P.A. 89-428, eff. 6-1-96; 89-462, eff. 6-1-96; 26 90-193, eff. 7-24-97.) 27 (730 ILCS 152/120) 28 Sec. 120. Community notification of sex offenders. 29 (a) The sheriff of the county, except Cook County, shall 30 disclose to the following the name, address, date of birth, 31 place of employment, school attended, and offense or 32 adjudication of all sex offenders required to register under HB5874 Enrolled -28- LRB9215238RCsbA 1 Section 3 of the Sex Offender Registration Act: 2 (1) The boards of institutions of higher education 3 or other appropriate administrative offices of each 4 non-public institution of higher education located in the 5 county where the sex offender is required to register, 6 resides, is employed, or is attending an institution of 7 higher education(Blank); and 8 (2) School boards of public school districts and 9 the principal or other appropriate administrative officer 10 of each nonpublic school located in the county where the 11 sex offender is required to register or is employed; and 12 (3) Child care facilities located in the county 13 where the sex offender is required to register or is 14 employed. 15 (a-2) The sheriff of Cook County shall disclose to the 16 following the name, address, date of birth, place of 17 employment, school attended, and offense or adjudication of 18 all sex offenders required to register under Section 3 of the 19 Sex Offender Registration Act: 20 (1) School boards of public school districts and 21 the principal or other appropriate administrative officer 22 of each nonpublic school located within the region of 23 Cook County, as those public school districts and 24 nonpublic schools are identified in LEADS, other than the 25 City of Chicago, where the sex offender is required to 26 register or is employed; and 27 (2) Child care facilities located within the region 28 of Cook County, as those child care facilities are 29 identified in LEADS, other than the City of Chicago, 30 where the sex offender is required to register or is 31 employed; and 32 (3) The boards of institutions of higher education 33 or other appropriate administrative offices of each 34 non-public institution of higher education located in the HB5874 Enrolled -29- LRB9215238RCsbA 1 county, other than the City of Chicago, where the sex 2 offender is required to register, resides, is employed, 3 or attending an institution of higher education. 4 (a-3) The Chicago Police Department shall disclose to 5 the following the name, address, date of birth, place of 6 employment, school attended, and offense or adjudication of 7 all sex offenders required to register under Section 3 of the 8 Sex Offender Registration Act: 9 (1) School boards of public school districts and 10 the principal or other appropriate administrative officer 11 of each nonpublic school located in the police district 12 where the sex offender is required to register or is 13 employed if the offender is required to register or is 14 employed in the City of Chicago; and 15 (2) Child care facilities located in the police 16 district where the sex offender is required to register 17 or is employed if the offender is required to register or 18 is employed in the City of Chicago; and 19 (3) The boards of institutions of higher education 20 or other appropriate administrative offices of each 21 non-public institution of higher education located in the 22 police district where the sex offender is required to 23 register, resides, is employed, or attending an 24 institution of higher education in the City of Chicago. 25 (a-4) The Department of State Police shall provide a 26 list of sex offenders required to register to the Illinois 27 Department of Children and Family Services. 28 (b) The Department of State Police and any law 29 enforcement agency may disclose, in the Department's or 30 agency's discretion, the following information to any person 31 likely to encounter a sex offender, or sexual predator 32required to register under Section 3 of the Sex Offender33Registration Act: 34 (1) The offender's name, address, and date of HB5874 Enrolled -30- LRB9215238RCsbA 1 birth. 2 (2) The offense for which the offender was 3 convicted. 4 (3) Adjudication as a sexually dangerous person. 5 (4) The offender's photograph or other such 6 information that will help identify the sex offender. 7 (5) Offender employment information, to protect 8 public safety. 9 (c) The name, address, date of birth, and offense or 10 adjudication for sex offenders required to register under 11 Section 3 of the Sex Offender Registration Act shall be open 12 to inspection by the public as provided in this Section. 13 Every municipal police department shall make available at its 14 headquarters the information on all sex offenders who are 15 required to register in the municipality under the Sex 16 Offender Registration Act. The sheriff shall also make 17 available at his or her headquarters the information on all 18 sex offenders who are required to register under that Act and 19 who live in unincorporated areas of the county. Sex offender 20 information must be made available for public inspection to 21 any person, no later than 72 hours or 3 business days from 22 the date of the request. The request must be made in person, 23 in writing, or by telephone. Availability must include giving 24 the inquirer access to a facility where the information may 25 be copied. A department or sheriff may charge a fee, but the 26 fee may not exceed the actual costs of copying the 27 information. An inquirer must be allowed to copy this 28 information in his or her own handwriting. A department or 29 sheriff must allow access to the information during normal 30 public working hours. The sheriff or a municipal police 31 department may publish the photographs of sex offenders where 32 any victim was 13 years of age or younger and who are 33 required to register in the municipality or county under the 34 Sex Offender Registration Act in a newspaper or magazine of HB5874 Enrolled -31- LRB9215238RCsbA 1 general circulation in the municipality or county or may 2 disseminate the photographs of those sex offenders on the 3 Internet or on television. The law enforcement agency may 4 make available the information on all sex offenders residing 5 within any county. 6 (d) The Department of State Police and any law 7 enforcement agency having jurisdiction may, in the 8 Department's or agency's discretion, place the information 9 specified in subsection (b) on the Internet or in other 10 media. 11 (e) The Department of State Police and any law 12 enforcement agency having jurisdiction may, in the 13 Department's or agency's discretion, only provide the 14 information specified in subsection (b), with respect to an 15 adjudicated juvenile delinquenta juvenile sex offender, to 16 any person when that person's safety may be compromised for 17 some reason related to the juvenile sex offender. 18 (Source: P.A. 91-48, eff. 7-1-99; 91-221, eff. 7-22-99; 19 91-224, eff. 7-1-00; 91-357, eff. 7-29-99; 91-394, eff. 20 1-1-00; 92-16, 6-28-01.) 21 Section 99. Effective date. This Act takes effect upon 22 becoming law.