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| Public Act 094-0994 |
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AN ACT concerning sex offenders.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Sex Offender Registration Act is amended by | ||||
changing Section 3 as follows: | ||||
(730 ILCS 150/3) (from Ch. 38, par. 223) | ||||
Sec. 3. Duty to register.
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(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
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Police. Such information shall include a current photograph,
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current address,
current place of employment, the employer's | ||||
telephone number, 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. | ||||
The information shall also include the county of conviction, | ||||
license plate numbers for every vehicle registered in the name | ||||
of the sex offender, the age of the sex offender at the time of | ||||
the commission of the offense, the age of the victim at the | ||||
time of the commission of the offense, and any distinguishing | ||||
marks located on the body of the sex offender. 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:
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(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 5 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
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(2) with the sheriff in the county in which
he or she | ||
resides or is
temporarily domiciled
for a period of time of | ||
5 or more days in an unincorporated
area or, if | ||
incorporated, no police chief exists.
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If the sex offender or sexual predator is employed at or | ||
attends an institution of higher education, he or she shall | ||
register:
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(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.
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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 5 or | ||
more days during any calendar year.
Any person required to | ||
register under this Article who lacks a fixed address or | ||
temporary domicile must notify, in person, the agency of | ||
jurisdiction of his or her last known address within 5 days | ||
after ceasing to have a fixed residence.
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Any person who lacks a fixed residence must report weekly, | ||
in person, with the sheriff's office of the county in which he | ||
or she is located in an unincorporated area, or with the chief | ||
of police in the municipality in which he or she is located. | ||
The agency of jurisdiction will document each weekly | ||
registration to include all the locations where the person has | ||
stayed during the past 7 days.
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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.
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(a-5) An out-of-state student or out-of-state employee | ||
shall,
within 5 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:
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(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 5
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
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(2) with the sheriff in the county in which
he or she | ||
attends school or is
employed for a period of time of 5 or | ||
more days or
for an aggregate period of
time of more than | ||
30 days during any calendar year in an
unincorporated area
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or, if incorporated, no police chief exists.
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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.
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(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 5 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).
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(c) The registration for any person required to register | ||
under this
Article shall be as follows:
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(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.
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(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.
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(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 5 | ||
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
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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.
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(3) Except as provided in subsection (c)(4), any person | ||
convicted on
or after January 1, 1996, shall register in | ||
person within 5 days after the
entry of the sentencing | ||
order based upon his or her conviction.
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(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 5 days of | ||
discharge, parole or release.
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(5) The person shall provide positive identification | ||
and documentation
that substantiates proof of residence at | ||
the registering address.
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(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
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administrative costs, including staff, incurred by the | ||
Board.
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(d) Within 5 days after obtaining or changing employment | ||
and, if employed
on January 1, 2000, within 5 days after that | ||
date, a person required to
register under this Section must | ||
report, in person 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.
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(Source: P.A. 93-616, eff. 1-1-04; 93-979, eff. 8-20-04; | ||
94-166, eff. 1-1-06; 94-168, eff. 1-1-06; revised 8-19-05.)
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Section 10. The Sex Offender and Child Murderer Community | ||
Notification Law is amended by changing Sections 115 and 120 as | ||
follows:
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(730 ILCS 152/115)
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Sec. 115. Sex offender database.
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(a) The Department of State Police
shall establish and | ||
maintain a Statewide Sex Offender Database for
the
purpose of | ||
identifying sex offenders and making that information
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available to the persons specified in Sections 120 and 125 of | ||
this Law. The
Database shall be created from the Law | ||
Enforcement Agencies Data System (LEADS)
established under | ||
Section 6 of the Intergovernmental Missing Child Recovery Act
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of 1984. The Department of State Police shall examine its LEADS | ||
database for
persons registered as sex offenders under the Sex | ||
Offender Registration Act and
shall identify those who are sex | ||
offenders and shall add all the
information, including | ||
photographs if available, on those sex offenders to
the | ||
Statewide Sex
Offender
Database.
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(b) The Department of State Police must make the | ||
information contained in
the
Statewide Sex Offender Database | ||
accessible on the Internet by means of a
hyperlink
labeled "Sex | ||
Offender Information" on the Department's World Wide Web home
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page. The Department must make the information contained in the | ||
Statewide Sex Offender Database searchable via a mapping system | ||
which identifies registered sex offenders living within 5 miles | ||
of an identified address. The Department of State Police must | ||
update that information as it deems
necessary.
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The Department of State Police may require that a person | ||
who seeks access to
the sex
offender information submit | ||
biographical information about himself or
herself before
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permitting access to the sex offender information. The | ||
Department of State Police must promulgate rules
in accordance | ||
with the Illinois Administrative Procedure
Act to implement | ||
this
subsection
(b)
and those rules must include procedures to | ||
ensure that the information in the
database is accurate.
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(c) The Department of State Police, Sex Offender | ||
Registration Unit, must develop and conduct training to educate | ||
all those entities involved in the Sex Offender Registration | ||
Program.
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(Source: P.A. 93-979, eff. 8-20-04.)
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(730 ILCS 152/120)
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Sec. 120. Community notification of sex offenders.
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(a) The sheriff of the county, except Cook County, shall | ||
disclose to the
following the name, address, date of birth, | ||
place of employment, school
attended, and offense
or | ||
adjudication of all sex offenders required to register under | ||
Section 3 of
the Sex Offender Registration Act:
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(1) The boards of institutions of higher education or | ||
other appropriate
administrative offices of each | ||
non-public institution of higher education
located in the | ||
county where the sex offender is required to register, | ||
resides,
is employed, or is attending an institution of | ||
higher education; and
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(2) School boards of public school districts and the | ||
principal or other
appropriate administrative officer of | ||
each nonpublic school located in the
county where the sex | ||
offender is required to register or is employed; and
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(3) Child care facilities located in the county
where | ||
the sex offender is required to register or is employed.
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(a-2) The sheriff of Cook County shall disclose to the | ||
following the name,
address, date of birth, place of | ||
employment, school attended, and offense
or
adjudication of
all | ||
sex offenders required to register under Section 3 of the Sex | ||
Offender
Registration Act:
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(1) School boards of public school districts and the | ||
principal or other
appropriate administrative officer of | ||
each nonpublic school located within the
region of Cook | ||
County, as those public school districts and nonpublic | ||
schools
are identified in LEADS, other than the City of | ||
Chicago, where the sex offender
is required to register or | ||
is employed; and
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(2) Child care facilities located within the region of | ||
Cook
County, as those child care facilities are identified | ||
in LEADS, other than
the City of Chicago, where the sex | ||
offender is required to register or is
employed; and
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(3) The boards of institutions of higher education or | ||
other appropriate
administrative offices of each | ||
non-public institution of higher education
located in the | ||
county, other than the City of Chicago, where the sex | ||
offender
is required to register, resides, is employed, or | ||
attending an institution
of
higher
education.
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(a-3) The Chicago Police Department shall disclose to the | ||
following the
name, address, date of birth, place of | ||
employment, school attended, and
offense
or adjudication
of all | ||
sex offenders required to register under Section 3 of the Sex | ||
Offender
Registration Act:
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(1) School boards of public school districts and the | ||
principal or other
appropriate administrative officer of | ||
each nonpublic school located in the
police district where | ||
the sex offender is required to register or is
employed if | ||
the offender is required to register or is employed in the
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City of Chicago; and
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(2) Child care facilities located in the police | ||
district where the
sex offender is required to register or | ||
is employed if the offender is
required to register or is | ||
employed in the City of Chicago; and
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(3) The boards of institutions of higher education or | ||
other appropriate
administrative offices of each | ||
non-public institution of higher education
located in the | ||
police district where the sex offender is required to | ||
register,
resides, is employed, or attending an | ||
institution of higher education in the
City of
Chicago.
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(a-4) The Department of State Police shall provide a list | ||
of sex offenders
required to register to the Illinois | ||
Department of Children and Family
Services.
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(b) The Department of State Police and any law enforcement | ||
agency may
disclose, in the Department's or agency's | ||
discretion, the following information
to any person likely to | ||
encounter a sex offender, or sexual predator:
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(1) The offender's name, address, and date of birth.
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(2) The offense for which the offender was convicted.
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(3) Adjudication as a sexually dangerous person.
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(4) The offender's photograph or other such | ||
information that will help
identify the sex offender.
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(5) Offender employment information, to protect public | ||
safety.
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(c) The name, address, date of birth, and offense or | ||
adjudication, the county of conviction, license plate numbers | ||
for every vehicle registered in the name of the sex offender, | ||
the age of the sex offender at the time of the commission of | ||
the offense, the age of the victim at the time of the | ||
commission of the offense, and any distinguishing marks located | ||
on the body of the sex offender for sex
offenders required to | ||
register under Section 3 of the Sex Offender Registration
Act | ||
shall be open to inspection by the public as provided in this | ||
Section.
Every municipal police department shall make | ||
available at its headquarters
the information on all sex | ||
offenders who are required to register in the
municipality | ||
under the Sex Offender Registration Act. The sheriff shall
also | ||
make available at his or her headquarters the information on | ||
all sex
offenders who are required to register under that Act | ||
and who live in
unincorporated areas of the county. Sex | ||
offender information must be made
available for public | ||
inspection to any person, no later than 72 hours or 3
business | ||
days from the date of the request.
The request must be made in | ||
person, in writing, or by telephone.
Availability must include | ||
giving the inquirer access to a
facility where the information | ||
may be copied. A department or sheriff
may charge a fee, but | ||
the fee may not exceed the actual costs of
copying the | ||
information. An inquirer must be allowed to copy this | ||
information
in his or her own handwriting. A department or | ||
sheriff must allow access to
the information during normal | ||
public working hours.
The sheriff or a municipal police | ||
department may publish the
photographs of sex offenders where | ||
any victim was 13 years of age or younger
and who are required | ||
to register in the municipality or county under the Sex
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Offender Registration Act in a newspaper or magazine of general | ||
circulation in
the municipality or county or may disseminate | ||
the photographs of those sex
offenders on the Internet or on | ||
television. The law enforcement agency may
make available the | ||
information on all sex offenders residing within any county.
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(d) The Department of State Police and any law enforcement | ||
agency having
jurisdiction may, in the Department's or agency's | ||
discretion, place the
information specified in subsection (b) | ||
on the Internet or in
other media.
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(e) (Blank).
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(f) The administrator of a transitional housing facility | ||
for sex offenders shall comply with the notification procedures | ||
established in paragraph (4) of subsection (b) of Section | ||
3-17-5 of the Unified Code of Corrections. | ||
(g) A principal or teacher of a public or private | ||
elementary or secondary school shall notify the parents of | ||
children attending the school during school registration or | ||
during parent-teacher conferences that information about sex | ||
offenders is available to the public as provided in this Act.
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(Source: P.A. 94-161, eff. 7-11-05; 94-168, eff. 1-1-06; | ||
revised 8-19-05.)
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