Illinois General Assembly - Full Text of Public Act 094-0166
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Public Act 094-0166


 

Public Act 0166 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0166
 
HB4030 Enrolled LRB094 09539 RLC 39790 b

    AN ACT concerning sex offenders.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Sex Offender Registration Act is amended by
changing Sections 2, 3, 6, 7, and 8 as follows:
 
    (730 ILCS 150/2)  (from Ch. 38, par. 222)
    Sec. 2. Definitions.
    (A) As used in this Article, "sex offender" means any
person who is:
        (1) charged pursuant to Illinois law, or any
    substantially similar federal, Uniform Code of Military
    Justice, sister state, or foreign country law, with a sex
    offense set forth in subsection (B) of this Section or the
    attempt to commit an included sex offense, and:
            (a) is convicted of such offense or an attempt to
        commit such offense; or
            (b) is found not guilty by reason of insanity of
        such offense or an attempt to commit such offense; or
            (c) is found not guilty by reason of insanity
        pursuant to Section 104-25(c) of the Code of Criminal
        Procedure of 1963 of such offense or an attempt to
        commit such offense; or
            (d) is the subject of a finding not resulting in an
        acquittal at a hearing conducted pursuant to Section
        104-25(a) of the Code of Criminal Procedure of 1963 for
        the alleged commission or attempted commission of such
        offense; or
            (e) is found not guilty by reason of insanity
        following a hearing conducted pursuant to a federal,
        Uniform Code of Military Justice, sister state, or
        foreign country law substantially similar to Section
        104-25(c) of the Code of Criminal Procedure of 1963 of
        such offense or of the attempted commission of such
        offense; or
            (f) is the subject of a finding not resulting in an
        acquittal at a hearing conducted pursuant to a federal,
        Uniform Code of Military Justice, sister state, or
        foreign country law substantially similar to Section
        104-25(a) of the Code of Criminal Procedure of 1963 for
        the alleged violation or attempted commission of such
        offense; or
        (2) certified as a sexually dangerous person pursuant
    to the Illinois Sexually Dangerous Persons Act, or any
    substantially similar federal, Uniform Code of Military
    Justice, sister state, or foreign country law; or
        (3) subject to the provisions of Section 2 of the
    Interstate Agreements on Sexually Dangerous Persons Act;
    or
        (4) found to be a sexually violent person pursuant to
    the Sexually Violent Persons Commitment Act or any
    substantially similar federal, Uniform Code of Military
    Justice, sister state, or foreign country law; or
        (5) adjudicated a juvenile delinquent as the result of
    committing or attempting to commit an act which, if
    committed by an adult, would constitute any of the offenses
    specified in item (B), (C), or (C-5) of this Section or a
    violation of any substantially similar federal, Uniform
    Code of Military Justice, sister state, or foreign country
    law, or found guilty under Article V of the Juvenile Court
    Act of 1987 of committing or attempting to commit an act
    which, if committed by an adult, would constitute any of
    the offenses specified in item (B), (C), or (C-5) of this
    Section or a violation of any substantially similar
    federal, Uniform Code of Military Justice, sister state, or
    foreign country law.
    Convictions that result from or are connected with the same
act, or result from offenses committed at the same time, shall
be counted for the purpose of this Article as one conviction.
Any conviction set aside pursuant to law is not a conviction
for purposes of this Article.
     For purposes of this Section, "convicted" shall have the
same meaning as "adjudicated". For the purposes of this
Article, a person who is defined as a sex offender as a result
of being adjudicated a juvenile delinquent under paragraph (5)
of this subsection (A) upon attaining 17 years of age shall be
considered as having committed the sex offense on or after the
sex offender's 17th birthday. Registration of juveniles upon
attaining 17 years of age shall not extend the original
registration of 10 years from the date of conviction.
    (B) As used in this Article, "sex offense" means:
        (1) A violation of any of the following Sections of the
    Criminal Code of 1961:
            11-20.1 (child pornography),
            11-6 (indecent solicitation of a child),
            11-9.1 (sexual exploitation of a child),
            11-15.1 (soliciting for a juvenile prostitute),
            11-18.1 (patronizing a juvenile prostitute),
            11-17.1 (keeping a place of juvenile
        prostitution),
            11-19.1 (juvenile pimping),
            11-19.2 (exploitation of a child),
            12-13 (criminal sexual assault),
            12-14 (aggravated criminal sexual assault),
            12-14.1 (predatory criminal sexual assault of a
        child),
            12-15 (criminal sexual abuse),
            12-16 (aggravated criminal sexual abuse),
            12-33 (ritualized abuse of a child).
            An attempt to commit any of these offenses.
        (1.5) A violation of any of the following Sections of
    the Criminal Code of 1961, when the victim is a person
    under 18 years of age, the defendant is not a parent of the
    victim, and the offense was committed on or after January
    1, 1996:
            10-1 (kidnapping),
            10-2 (aggravated kidnapping),
            10-3 (unlawful restraint),
            10-3.1 (aggravated unlawful restraint).
            An attempt to commit any of these offenses.
        (1.6) First degree murder under Section 9-1 of the
    Criminal Code of 1961, when the victim was a person under
    18 years of age and the defendant was at least 17 years of
    age at the time of the commission of the offense.
        (1.7) (Blank).
        (1.8) A violation or attempted violation of Section
    11-11 (sexual relations within families) of the Criminal
    Code of 1961, and the offense was committed on or after
    June 1, 1997.
        (1.9)   Child abduction under paragraph (10) of
    subsection (b) of Section 10-5 of the Criminal Code of 1961
    committed by luring or attempting to lure a child under the
    age of 16 into a motor vehicle, building, house trailer, or
    dwelling place without the consent of the parent or lawful
    custodian of the child for other than a lawful purpose and
    the offense was committed on or after January 1, 1998.
        (1.10) A violation or attempted violation of any of the
    following Sections of the Criminal Code of 1961 when the
    offense was committed on or after July 1, 1999:
            10-4 (forcible detention, if the victim is under 18
        years of age),
            11-6.5 (indecent solicitation of an adult),
            11-15 (soliciting for a prostitute, if the victim
        is under 18 years of age),
            11-16 (pandering, if the victim is under 18 years
        of age),
            11-18 (patronizing a prostitute, if the victim is
        under 18 years of age),
            11-19 (pimping, if the victim is under 18 years of
        age).
        (1.11) A violation or attempted violation of any of the
    following Sections of the Criminal Code of 1961 when the
    offense was committed on or after the effective date of
    this amendatory Act of the 92nd General Assembly:
            11-9 (public indecency for a third or subsequent
        conviction),
            11-9.2 (custodial sexual misconduct).
        (1.12) A violation or attempted violation of Section
    5.1 of the Wrongs to Children Act (permitting sexual abuse)
    when the offense was committed on or after the effective
    date of this amendatory Act of the 92nd General Assembly.
        (2) A violation of any former law of this State
    substantially equivalent to any offense listed in
    subsection (B) of this Section.
    (C) A conviction for an offense of federal law, Uniform
Code of Military Justice, or the law of another state or a
foreign country that is substantially equivalent to any offense
listed in subsections (B), (C), and (E) of this Section shall
constitute a conviction for the purpose of this Article. A
finding or adjudication as a sexually dangerous person or a
sexually violent person under any federal law, Uniform Code of
Military Justice, or the law of another state or foreign
country that is substantially equivalent to the Sexually
Dangerous Persons Act or the Sexually Violent Persons
Commitment Act shall constitute an adjudication for the
purposes of this Article.
    (C-5) A person at least 17 years of age at the time of the
commission of the offense who is convicted of first degree
murder under Section 9-1 of the Criminal Code of 1961, against
a person under 18 years of age, shall be required to register
for natural life. A conviction for an offense of federal,
Uniform Code of Military Justice, sister state, or foreign
country law that is substantially equivalent to any offense
listed in subsection (C-5) of this Section shall constitute a
conviction for the purpose of this Article. This subsection
(C-5) applies to a person who committed the offense before June
1, 1996 only if the person is incarcerated in an Illinois
Department of Corrections facility on August 20, 2004 (the
effective date of Public Act 93-977) this amendatory Act of the
93rd General Assembly.
    (D) As used in this Article, "law enforcement agency having
jurisdiction" means the Chief of Police in each of the
municipalities in which the sex offender expects to reside,
work, or attend school (1) upon his or her discharge, parole or
release or (2) during the service of his or her sentence of
probation or conditional discharge, or the Sheriff of the
county, in the event no Police Chief exists or if the offender
intends to reside, work, or attend school in an unincorporated
area. "Law enforcement agency having jurisdiction" includes
the location where out-of-state students attend school and
where out-of-state employees are employed or are otherwise
required to register.
    (D-1) As used in this Article, "supervising officer" means
the assigned Illinois Department of Corrections parole agent or
county probation officer.
    (E) As used in this Article, "sexual predator" means any
person who, after July 1, 1999, is:
        (1) Convicted for an offense of federal, Uniform Code
    of Military Justice, sister state, or foreign country law
    that is substantially equivalent to any offense listed in
    subsection (E) of this Section shall constitute a
    conviction for the purpose of this Article. Convicted of a
    violation or attempted violation of any of the following
    Sections of the Criminal Code of 1961, if the conviction
    occurred after July 1, 1999:
            11-17.1 (keeping a place of juvenile
        prostitution),
            11-19.1 (juvenile pimping),
            11-19.2 (exploitation of a child),
            11-20.1 (child pornography),
            12-13 (criminal sexual assault, if the victim is a
        person under 12 years of age),
            12-14 (aggravated criminal sexual assault),
            12-14.1 (predatory criminal sexual assault of a
        child),
            12-16 (aggravated criminal sexual abuse),
            12-33 (ritualized abuse of a child); or
        (2) convicted of first degree murder under Section 9-1
    of the Criminal Code of 1961, when the victim was a person
    under 18 years of age and the defendant was at least 17
    years of age at the time of the commission of the offense;
    or
        (3) certified as a sexually dangerous person pursuant
    to the Sexually Dangerous Persons Act or any substantially
    similar federal, Uniform Code of Military Justice, sister
    state, or foreign country law; or
        (4) found to be a sexually violent person pursuant to
    the Sexually Violent Persons Commitment Act or any
    substantially similar federal, Uniform Code of Military
    Justice, sister state, or foreign country law; or
        (5) convicted of a second or subsequent offense which
    requires registration pursuant to this Act. The conviction
    for the second or subsequent offense must have occurred
    after July 1, 1999. For purposes of this paragraph (5),
    "convicted" shall include a conviction under any
    substantially similar Illinois, federal, Uniform Code of
    Military Justice, sister state, or foreign country law.
    (F) As used in this Article, "out-of-state student" means
any sex offender, as defined in this Section, or sexual
predator who is enrolled in Illinois, on a full-time or
part-time basis, in any public or private educational
institution, including, but not limited to, any secondary
school, trade or professional institution, or institution of
higher learning.
    (G) As used in this Article, "out-of-state employee" means
any sex offender, as defined in this Section, or sexual
predator who works in Illinois, regardless of whether the
individual receives payment for services performed, for a
period of time of 10 or more days or for an aggregate period of
time of 30 or more days during any calendar year. Persons who
operate motor vehicles in the State accrue one day of
employment time for any portion of a day spent in Illinois.
    (H) As used in this Article, "school" means any public or
private educational institution, including, but not limited
to, any elementary or secondary school, trade or professional
institution, or institution of higher education.
(Source: P.A. 92-828, eff. 8-22-02; 93-977, eff. 8-20-04;
93-979, eff. 8-20-04; revised 10-14-04.)
 
    (730 ILCS 150/3)  (from Ch. 38, par. 223)
    Sec. 3. Duty to register.
    (a) A sex offender, as defined in Section 2 of this Act, or
sexual predator shall, within the time period prescribed in
subsections (b) and (c), register in person and provide
accurate information as required by the Department of State
Police. Such information shall include a current photograph,
current address, current place of employment, the employer's
telephone number, and school attended, extensions of the time
period for registering as provided in this Article and, if an
extension was granted, the reason why the extension was granted
and the date the sex offender was notified of the extension. A
person who has been adjudicated a juvenile delinquent for an
act which, if committed by an adult, would be a sex offense
shall register as an adult sex offender within 10 days after
attaining 17 years of age. The sex offender or sexual predator
shall register:
        (1) with the chief of police in the municipality in
    which he or she resides or is temporarily domiciled for a
    period of time of 10 or more days, unless the municipality
    is the City of Chicago, in which case he or she shall
    register at the Chicago Police Department Headquarters; or
        (2) with the sheriff in the county in which he or she
    resides or is temporarily domiciled for a period of time of
    10 or more days in an unincorporated area or, if
    incorporated, no police chief exists.
    If the sex offender or sexual predator is employed at or
attends an institution of higher education, he or she shall
register:
        (i) with the chief of police in the municipality in
    which he or she is employed at or attends an institution of
    higher education, unless the municipality is the City of
    Chicago, in which case he or she shall register at the
    Chicago Police Department Headquarters; or
        (ii) with the sheriff in the county in which he or she
    is employed or attends an institution of higher education
    located in an unincorporated area, or if incorporated, no
    police chief exists.
For purposes of this Article, the place of residence or
temporary domicile is defined as any and all places where the
sex offender resides for an aggregate period of time of 10 or
more days during any calendar year.
    The sex offender or sexual predator shall provide accurate
information as required by the Department of State Police. That
information shall include the sex offender's or sexual
predator's current place of employment.
    (a-5) An out-of-state student or out-of-state employee
shall, within 10 days after beginning school or employment in
this State, register in person and provide accurate information
as required by the Department of State Police. Such information
will include current place of employment, school attended, and
address in state of residence. The out-of-state student or
out-of-state employee shall register:
        (1) with the chief of police in the municipality in
    which he or she attends school or is employed for a period
    of time of 10 or more days or for an aggregate period of
    time of more than 30 days during any calendar year, unless
    the municipality is the City of Chicago, in which case he
    or she shall register at the Chicago Police Department
    Headquarters; or
        (2) with the sheriff in the county in which he or she
    attends school or is employed for a period of time of 10 or
    more days or for an aggregate period of time of more than
    30 days during any calendar year in an unincorporated area
    or, if incorporated, no police chief exists.
    The out-of-state student or out-of-state employee shall
provide accurate information as required by the Department of
State Police. That information shall include the out-of-state
student's current place of school attendance or the
out-of-state employee's current place of employment.
    (b) Any sex offender, as defined in Section 2 of this Act,
or sexual predator, regardless of any initial, prior, or other
registration, shall, within 10 days of beginning school, or
establishing a residence, place of employment, or temporary
domicile in any county, register in person as set forth in
subsection (a) or (a-5).
    (c) The registration for any person required to register
under this Article shall be as follows:
        (1) Any person registered under the Habitual Child Sex
    Offender Registration Act or the Child Sex Offender
    Registration Act prior to January 1, 1996, shall be deemed
    initially registered as of January 1, 1996; however, this
    shall not be construed to extend the duration of
    registration set forth in Section 7.
        (2) Except as provided in subsection (c)(4), any person
    convicted or adjudicated prior to January 1, 1996, whose
    liability for registration under Section 7 has not expired,
    shall register in person prior to January 31, 1996.
        (2.5) Except as provided in subsection (c)(4), any
    person who has not been notified of his or her
    responsibility to register shall be notified by a criminal
    justice entity of his or her responsibility to register.
    Upon notification the person must then register within 10
    days of notification of his or her requirement to register.
    If notification is not made within the offender's 10 year
    registration requirement, and the Department of State
    Police determines no evidence exists or indicates the
    offender attempted to avoid registration, the offender
    will no longer be required to register under this Act.
        (3) Except as provided in subsection (c)(4), any person
    convicted on or after January 1, 1996, shall register in
    person within 10 days after the entry of the sentencing
    order based upon his or her conviction.
        (4) Any person unable to comply with the registration
    requirements of this Article because he or she is confined,
    institutionalized, or imprisoned in Illinois on or after
    January 1, 1996, shall register in person within 10 days of
    discharge, parole or release.
        (5) The person shall provide positive identification
    and documentation that substantiates proof of residence at
    the registering address.
        (6) The person shall pay a $20 initial registration fee
    and a $10 annual renewal fee. The fees shall be used by the
    registering agency for official purposes. The agency shall
    establish procedures to document receipt and use of the
    funds. The law enforcement agency having jurisdiction may
    waive the registration fee if it determines that the person
    is indigent and unable to pay the registration fee. Ten
    dollars for the initial registration fee and $5 of the
    annual renewal fee shall be used by the registering agency
    for official purposes. Ten dollars of the initial
    registration fee and $5 of the annual fee shall be
    deposited into the Sex Offender Management Board Fund under
    Section 19 of the Sex Offender Management Board Act. Money
    deposited into the Sex Offender Management Board Fund shall
    be administered by the Sex Offender Management Board and
    shall be used to fund practices endorsed or required by the
    Sex Offender Management Board Act including but not limited
    to sex offenders evaluation, treatment, or monitoring
    programs that are or may be developed, as well as for
    administrative costs, including staff, incurred by the
    Board.
    (d) Within 10 days after obtaining or changing employment
and, if employed on January 1, 2000, within 10 days after that
date, a person required to register under this Section must
report, in person or in writing to the law enforcement agency
having jurisdiction, the business name and address where he or
she is employed. If the person has multiple businesses or work
locations, every business and work location must be reported to
the law enforcement agency having jurisdiction.
(Source: P.A. 92-828, eff. 8-22-02; 93-616, eff. 1-1-04;
93-979, eff. 8-20-04.)
 
    (730 ILCS 150/6)  (from Ch. 38, par. 226)
    Sec. 6. Duty to report; change of address, school, or
employment; duty to inform. A person who has been adjudicated
to be sexually dangerous or is a sexually violent person and is
later released, or found to be no longer sexually dangerous or
no longer a sexually violent person and discharged, shall
report in person to the law enforcement agency with whom he or
she last registered no later than 90 days after the date of his
or her last registration and every 90 days thereafter and at
such other times at the request of the law enforcement agency
not to exceed 4 times a year. Any other person who is required
to register under this Article shall report in person to the
appropriate law enforcement agency with whom he or she last
registered within one year from the date of last registration
and every year thereafter and at such other times at the
request of the law enforcement agency not to exceed 4 times a
year. If any person required to register under this Article
changes his or her residence address, place of employment, or
school, he or she shall report in person to , in writing,
within 10 days inform the law enforcement agency with whom he
or she last registered of his or her new address, change in
employment, or school and register, in person, with the
appropriate law enforcement agency within the time period
specified in Section 3. The law enforcement agency shall,
within 3 days of the reporting in person by the person required
to register under this Article receipt, notify the Department
of State Police and the law enforcement agency having
jurisdiction of the new place of residence, change in
employment, or school.
    If any person required to register under this Article
intends to establish a residence or employment outside of the
State of Illinois, at least 10 days before establishing that
residence or employment, he or she shall report in person to ,
in writing, inform the law enforcement agency with which he or
she last registered of his or her out-of-state intended
residence or employment. The law enforcement agency with which
such person last registered shall, within 3 days after the
reporting in person of the person required to register under
this Article notice of an address or employment change, notify
the Department of State Police. The Department of State Police
shall forward such information to the out-of-state law
enforcement agency having jurisdiction in the form and manner
prescribed by the Department of State Police.
(Source: P.A. 92-16, eff. 6-28-01; 92-828, eff. 8-22-02;
93-977, eff. 8-20-04.)
 
    (730 ILCS 150/7)  (from Ch. 38, par. 227)
    Sec. 7. Duration of registration. A person who has been
adjudicated to be sexually dangerous and is later released or
found to be no longer sexually dangerous and discharged, shall
register for the period of his or her natural life. A sexually
violent person or sexual predator shall register for the period
of his or her natural life after conviction or adjudication if
not confined to a penal institution, hospital, or other
institution or facility, and if confined, for the period of his
or her natural life after parole, discharge, or release from
any such facility. Any other person who is required to register
under this Article shall be required to register for a period
of 10 years after conviction or adjudication if not confined to
a penal institution, hospital or any other institution or
facility, and if confined, for a period of 10 years after
parole, discharge or release from any such facility. A sex
offender who is allowed to leave a county, State, or federal
facility for the purposes of work release, education, or
overnight visitations shall be required to register within 10
days of beginning such a program. Liability for registration
terminates at the expiration of 10 years from the date of
conviction or adjudication if not confined to a penal
institution, hospital or any other institution or facility and
if confined, at the expiration of 10 years from the date of
parole, discharge or release from any such facility, providing
such person does not, during that period, again become liable
to register under the provisions of this Article. Reconfinement
due to a violation of parole or other circumstances that
relates to the original conviction or adjudication shall extend
the period of registration to 10 years after final parole,
discharge, or release. The Director of State Police, consistent
with administrative rules, shall extend for 10 years the
registration period of any sex offender, as defined in Section
2 of this Act, who fails to comply with the provisions of this
Article. The registration period for any sex offender who fails
to comply with any provision of the Act shall extend the period
of registration by 10 years beginning from the first date of
registration after the violation. If the registration period is
extended, the Department of State Police shall send a
registered letter to the law enforcement agency where the sex
offender resides within 3 days after the extension of the
registration period. The sex offender shall report to that law
enforcement agency and sign for that letter. One copy of that
letter shall be kept on file with the law enforcement agency of
the jurisdiction where the sex offender resides and one copy
shall be returned to the Department of State Police.
(Source: P.A. 92-828, eff. 8-22-02; 93-979, eff. 8-20-04.)
 
    (730 ILCS 150/8)  (from Ch. 38, par. 228)
    Sec. 8. Registration Requirements. Registration as
required by this Article shall consist of a statement in
writing signed by the person giving the information that is
required by the Department of State Police, which may include
the fingerprints and must include a current photograph of the
person, to be updated annually. If the sex offender is a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961, he or she shall sign a statement that he
or she understands that according to Illinois law as a child
sex offender he or she may not reside within 500 feet of a
school, park, or playground. The offender may also not reside
within 500 feet of a facility providing services directed
exclusively toward persons under 18 years of age unless the sex
offender meets specified exemptions. The registration
information must include whether the person is a sex offender
as defined in the Sex Offender and Child Murderer Community
Notification Law. Within 3 days, the registering law
enforcement agency shall forward any required information to
the Department of State Police. The registering law enforcement
agency shall enter the information into the Law Enforcement
Agencies Data System (LEADS) as provided in Sections 6 and 7 of
the Intergovernmental Missing Child Recovery Act of 1984.
(Source: P.A. 93-979, eff. 8-20-04.)

Effective Date: 1/1/2006