093_HB3117eng

 
HB3117 Engrossed                     LRB093 06931 RLC 07077 b

 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  5.  The Sex Offender Registration Act is amended
 5    by changing Sections 3  and 6 as follows:

 6        (730 ILCS 150/3) (from Ch. 38, par. 223)
 7        Sec. 3.  Duty to register.
 8        (a)  A sex offender, as defined in Section 2 of this Act,
 9    or sexual predator shall, within the time  period  prescribed
10    in  subsections  (b)  and (c), register in person and provide
11    accurate information as required by the Department  of  State
12    Police.   Such  information  shall  include  current address,
13    current place of employment, and school attended. If the  sex
14    offender  or  sexual predator has an account with an Internet
15    service provider, the name of the Internet service  provider,
16    the  e-mail address of the sex offender, and the screen names
17    used by the sex offender must be submitted to the  Department
18    of  State  Police.  If  the  sex  offender  has more than one
19    account  with  one  or  more  Internet   service   providers,
20    information   on  each  account  must  be  submitted  to  the
21    Department of  State  Police.  The  sex  offender  or  sexual
22    predator shall register:
23             (1)  with  the  chief  of  police  in  each  of  the
24        municipalities  in  which  he  or  she attends school, is
25        employed, resides  or  is  temporarily  domiciled  for  a
26        period   of   time   of  10  or  more  days,  unless  the
27        municipality is the City of Chicago, in which case he  or
28        she  shall  register  at  the  Chicago  Police Department
29        Headquarters; or
30             (2)  with the sheriff in each  of  the  counties  in
31        which  he  or she attends school, is employed, resides or
 
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 1        is temporarily domiciled in an unincorporated area or, if
 2        incorporated, no police chief exists.
 3    For purposes of this  Article,  the  place  of  residence  or
 4    temporary domicile is defined as any and all places where the
 5    sex offender resides for an aggregate period of time of 10 or
 6    more days during any calendar year.
 7        The   sex  offender  or  sexual  predator  shall  provide
 8    accurate information as required by the Department  of  State
 9    Police.  That information shall include the sex offender's or
10    sexual predator's current place of employment.
11        (a-5)  An  out-of-state  student or out-of-state employee
12    shall, within 10 days after beginning school or employment in
13    this  State,  register  in  person   and   provide   accurate
14    information  as  required  by the Department of State Police.
15    Such information will include current  place  of  employment,
16    school attended, and address in state of residence:
17             (1)  with  the  chief  of  police  in  each  of  the
18        municipalities  in  which  he or she attends school or is
19        employed for a period of time of 10 or more days  or  for
20        an  aggregate  period of time of more than 30 days during
21        any calendar year, unless the municipality is the City of
22        Chicago, in which case he or she shall  register  at  the
23        Chicago Police Department Headquarters; or
24             (2)  with  the  sheriff  in  each of the counties in
25        which he or she attends  school  or  is  employed  for  a
26        period  of  time  of  10 or more days or for an aggregate
27        period of time of more than 30 days during  any  calendar
28        year  in  an  unincorporated area or, if incorporated, no
29        police chief exists.
30        The out-of-state student or out-of-state  employee  shall
31    provide accurate information as required by the Department of
32    State   Police.    That   information   shall   include   the
33    out-of-state  student's current place of school attendance or
34    the out-of-state employee's current place of employment.
 
HB3117 Engrossed            -3-      LRB093 06931 RLC 07077 b
 1        (b)  Any sex offender, as defined in Section  2  of  this
 2    Act, or sexual predator, regardless of any initial, prior, or
 3    other  registration,  shall,  within  10  days  of  beginning
 4    school,  or establishing a residence, place of employment, or
 5    temporary domicile in any county, register in person  as  set
 6    forth in subsection (a) or (a-5).
 7        (c)  The registration for any person required to register
 8    under this Article shall be as follows:
 9             (1)  Any  person registered under the Habitual Child
10        Sex Offender Registration Act or the Child  Sex  Offender
11        Registration  Act  prior  to  January  1,  1996, shall be
12        deemed  initially  registered  as  of  January  1,  1996;
13        however, this  shall  not  be  construed  to  extend  the
14        duration of registration set forth in Section 7.
15             (2)  Except  as  provided  in subsection (c)(4), any
16        person convicted or adjudicated prior to January 1, 1996,
17        whose liability for registration under Section 7 has  not
18        expired,  shall  register  in person prior to January 31,
19        1996.
20             (2.5)  Except as provided in subsection (c)(4),  any
21        person   who   has  not  been  notified  of  his  or  her
22        responsibility  to  register  shall  be  notified  by   a
23        criminal  justice  entity of his or her responsibility to
24        register.   Upon  notification  the  person   must   then
25        register  within  10  days  of notification of his or her
26        requirement to register.  If  notification  is  not  made
27        within  the  offender's 10 year registration requirement,
28        and the Department of State Police determines no evidence
29        exists or  indicates  the  offender  attempted  to  avoid
30        registration,  the offender will no longer be required to
31        register under this Act.
32             (3)  Except as provided in  subsection  (c)(4),  any
33        person  convicted  on  or  after  January  1, 1996, shall
34        register in person within 10 days after the entry of  the
 
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 1        sentencing order based upon his or her conviction.
 2             (4)  Any   person   unable   to   comply   with  the
 3        registration requirements of this Article because  he  or
 4        she  is  confined,  institutionalized,  or  imprisoned in
 5        Illinois on or after January 1, 1996, shall  register  in
 6        person within 10 days of discharge, parole or release.
 7             (5)  The     person     shall    provide    positive
 8        identification and documentation that substantiates proof
 9        of residence at the registering address.
10             (6)  The person shall pay a $10 initial registration
11        fee and a $5 annual renewal fee.  The fees shall be  used
12        by  the  registering  agency  for official purposes.  The
13        agency shall establish procedures to document receipt and
14        use of the  funds.  The  law  enforcement  agency  having
15        jurisdiction   may  waive  the  registration  fee  if  it
16        determines that the person is indigent and unable to  pay
17        the registration fee.
18        (d)  Within   10   days   after   obtaining  or  changing
19    employment and, if employed on January  1,  2000,  within  10
20    days  after  that  date,  a person required to register under
21    this Section must report, in person or in writing to the  law
22    enforcement agency having jurisdiction, the business name and
23    address  where  he  or  she  is  employed.  If the person has
24    multiple businesses or work  locations,  every  business  and
25    work  location must be reported to the law enforcement agency
26    having jurisdiction.
27    (Source: P.A.  91-48,  eff.  7-1-99;  91-394,  eff.   1-1-00;
28    92-828, eff. 8-22-02.)

29        (730 ILCS 150/6) (from Ch. 38, par. 226)
30        Sec.  6.   Duty  to report; change of address, school, or
31    employment or, Internet account information; duty to  inform.
32    A person who has been adjudicated to be sexually dangerous or
33    is  a sexually violent person and is later released, or found
 
HB3117 Engrossed            -5-      LRB093 06931 RLC 07077 b
 1    to be no longer sexually dangerous or no  longer  a  sexually
 2    violent  person and discharged, shall report in person to the
 3    law enforcement agency with whom he or she last registered no
 4    later than 90  days  after  the  date  of  his  or  her  last
 5    registration  and every 90 days thereafter.  Any other person
 6    who is required to register under this Article  shall  report
 7    in person to the appropriate law enforcement agency with whom
 8    he  or  she  last registered within one year from the date of
 9    last registration and every year thereafter.  If  any  person
10    required  to  register  under this Article changes his or her
11    residence  address,  place  of  employment,  or  school,   or
12    Internet  account,  including  e-mail  addresses  and  screen
13    names, he or she shall, in writing, within 10 days inform the
14    law enforcement agency with whom he or she last registered of
15    his  or  her  new address, change in employment, or school or
16    Internet  account,  including  e-mail  addresses  and  screen
17    names, and register  with  the  appropriate  law  enforcement
18    agency  within  the  time period specified in Section 3.  The
19    law enforcement agency  shall,  within  3  days  of  receipt,
20    notify the Department of State Police and the law enforcement
21    agency  having  jurisdiction  of  the new place of residence,
22    change in employment, or school or Internet account.
23        If any person required to  register  under  this  Article
24    establishes a residence or employment outside of the State of
25    Illinois, within 10 days after establishing that residence or
26    employment,  he  or  she  shall,  in  writing, inform the law
27    enforcement agency with which he or she  last  registered  of
28    his  or  her  out-of-state  residence or employment.  The law
29    enforcement agency with which  such  person  last  registered
30    shall,  within  3  days  notice  of  an address or employment
31    change,  notify  the  Department  of   State   Police.    The
32    Department  of State Police shall forward such information to
33    the out-of-state law enforcement agency  having  jurisdiction
34    in  the form and manner prescribed by the Department of State
 
HB3117 Engrossed            -6-      LRB093 06931 RLC 07077 b
 1    Police.
 2    (Source: P.A. 91-48, eff. 7-1-99; 91-394, eff. 1-1-00; 92-16,
 3    eff. 6-28-01; 92-828, eff. 8-22-02.)

 4        Section   10.   The  Sex  Offender  and  Child   Murderer
 5    Community Notification Law is amended by changing Section 115
 6    as follows:

 7        (730 ILCS 152/115)
 8        Sec. 115.  Sex offender database.
 9        (a)  The  Department  of State Police shall establish and
10    maintain a Statewide Sex Offender Database for the purpose of
11    identifying  sex  offenders  and  making   that   information
12    available to the persons specified in Sections 120 and 125 of
13    this  Law.   The  Database  shall  be  created  from  the Law
14    Enforcement Agencies Data System  (LEADS)  established  under
15    Section 6 of the Intergovernmental Missing Child Recovery Act
16    of  1984.   The  Department of State Police shall examine its
17    LEADS database for persons registered as sex offenders  under
18    the  Sex  Offender  Registration Act and shall identify those
19    who are sex offenders and  shall  add  all  the  information,
20    including photographs if available, on those sex offenders to
21    the Statewide Sex Offender Database.
22        (b)  The   Department  of  State  Police  must  make  the
23    information contained in the Statewide Sex Offender Database,
24    including the sex offender's  Internet  account  information,
25    accessible  on  the  Internet by means of a hyperlink labeled
26    "Sex Offender Information" on the Department's World Wide Web
27    home page. The Department of State Police  must  update  that
28    information as it deems necessary.
29        The  Department of State Police may require that a person
30    who seeks access  to  the  sex  offender  information  submit
31    biographical  information  about  himself  or  herself before
32    permitting access  to  the  sex  offender  information.   The
 
HB3117 Engrossed            -7-      LRB093 06931 RLC 07077 b
 1    Department  of  State  Police  may  limit  access  to the sex
 2    offender information to information about sex  offenders  who
 3    reside within a specified geographic area in proximity to the
 4    address   of   the  person  seeking  that  information.   The
 5    Department  of  State  Police  must   promulgate   rules   in
 6    accordance  with the Illinois Administrative Procedure Act to
 7    implement this subsection (b) and those  rules  must  include
 8    procedures  to ensure that the information in the database is
 9    accurate.
10    (Source: P.A. 90-193, eff. 7-24-97; 91-224, eff. 7-1-00.)