SB3176 Enrolled LRB096 17543 RLC 35246 b

1     AN ACT concerning 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 by
5 changing Section 3 as follows:
 
6     (730 ILCS 150/3)
7     Sec. 3. Duty to register.
8     (a) A sex offender, as defined in Section 2 of this Act, or
9 sexual predator shall, within the time period prescribed in
10 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 a current photograph,
13 current address, current place of employment, the employer's
14 telephone number, school attended, all e-mail addresses,
15 instant messaging identities, chat room identities, and other
16 Internet communications identities that the sex offender uses
17 or plans to use, all Uniform Resource Locators (URLs)
18 registered or used by the sex offender, all blogs and other
19 Internet sites maintained by the sex offender or to which the
20 sex offender has uploaded any content or posted any messages or
21 information, extensions of the time period for registering as
22 provided in this Article and, if an extension was granted, the
23 reason why the extension was granted and the date the sex

 

 

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1 offender was notified of the extension. The information shall
2 also include the county of conviction, license plate numbers
3 for every vehicle registered in the name of the sex offender,
4 the age of the sex offender at the time of the commission of
5 the offense, the age of the victim at the time of the
6 commission of the offense, and any distinguishing marks located
7 on the body of the sex offender. A sex offender convicted under
8 Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code
9 of 1961 shall provide all Internet protocol (IP) addresses in
10 his or her residence, registered in his or her name, accessible
11 at his or her place of employment, or otherwise under his or
12 her control or custody. The sex offender or sexual predator
13 shall register:
14         (1) with the chief of police in the municipality in
15     which he or she resides or is temporarily domiciled for a
16     period of time of 3 5 or more days, unless the municipality
17     is the City of Chicago, in which case he or she shall
18     register at the Chicago Police Department Headquarters; or
19         (2) with the sheriff in the county in which he or she
20     resides or is temporarily domiciled for a period of time of
21     3 5 or more days in an unincorporated area or, if
22     incorporated, no police chief exists.
23     If the sex offender or sexual predator is employed at or
24 attends an institution of higher education, he or she shall
25 register:
26         (i) with the chief of police in the municipality in

 

 

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1     which he or she is employed at or attends an institution of
2     higher education, unless the municipality is the City of
3     Chicago, in which case he or she shall register at the
4     Chicago Police Department Headquarters; or
5         (ii) with the sheriff in the county in which he or she
6     is employed or attends an institution of higher education
7     located in an unincorporated area, or if incorporated, no
8     police chief exists.
9 For purposes of this Article, the place of residence or
10 temporary domicile is defined as any and all places where the
11 sex offender resides for an aggregate period of time of 3 5 or
12 more days during any calendar year. Any person required to
13 register under this Article who lacks a fixed address or
14 temporary domicile must notify, in person, the agency of
15 jurisdiction of his or her last known address within 3 days
16 after ceasing to have a fixed residence.
17     A sex offender or sexual predator who is temporarily absent
18 from his or her current address of registration for 3 or more
19 days shall notify the law enforcement agency having
20 jurisdiction of his or her current registration, including the
21 itinerary for travel, in the manner provided in Section 6 of
22 this Act for notification to the law enforcement agency having
23 jurisdiction of change of address.
24     Any person who lacks a fixed residence must report weekly,
25 in person, with the sheriff's office of the county in which he
26 or she is located in an unincorporated area, or with the chief

 

 

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1 of police in the municipality in which he or she is located.
2 The agency of jurisdiction will document each weekly
3 registration to include all the locations where the person has
4 stayed during the past 7 days.
5     The sex offender or sexual predator shall provide accurate
6 information as required by the Department of State Police. That
7 information shall include the sex offender's or sexual
8 predator's current place of employment.
9     (a-5) An out-of-state student or out-of-state employee
10 shall, within 3 days after beginning school or employment in
11 this State, register in person and provide accurate information
12 as required by the Department of State Police. Such information
13 will include current place of employment, school attended, and
14 address in state of residence. A sex offender convicted under
15 Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code
16 of 1961 shall provide all Internet protocol (IP) addresses in
17 his or her residence, registered in his or her name, accessible
18 at his or her place of employment, or otherwise under his or
19 her control or custody. The out-of-state student or
20 out-of-state employee shall register:
21         (1) with the chief of police in the municipality in
22     which he or she attends school or is employed for a period
23     of time of 5 or more days or for an aggregate period of
24     time of more than 30 days during any calendar year, unless
25     the municipality is the City of Chicago, in which case he
26     or she shall register at the Chicago Police Department

 

 

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1     Headquarters; or
2         (2) with the sheriff in the county in which he or she
3     attends school or is employed for a period of time of 5 or
4     more days or for an aggregate period of time of more than
5     30 days during any calendar year in an unincorporated area
6     or, if incorporated, no police chief exists.
7     The out-of-state student or out-of-state employee shall
8 provide accurate information as required by the Department of
9 State Police. That information shall include the out-of-state
10 student's current place of school attendance or the
11 out-of-state employee's current place of employment.
12     (a-10) Any law enforcement agency registering sex
13 offenders or sexual predators in accordance with subsections
14 (a) or (a-5) of this Section shall forward to the Attorney
15 General a copy of sex offender registration forms from persons
16 convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the
17 Criminal Code of 1961, including periodic and annual
18 registrations under Section 6 of this Act.
19     (b) Any sex offender, as defined in Section 2 of this Act,
20 or sexual predator, regardless of any initial, prior, or other
21 registration, shall, within 3 days of beginning school, or
22 establishing a residence, place of employment, or temporary
23 domicile in any county, register in person as set forth in
24 subsection (a) or (a-5).
25     (c) The registration for any person required to register
26 under this Article shall be as follows:

 

 

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1         (1) Any person registered under the Habitual Child Sex
2     Offender Registration Act or the Child Sex Offender
3     Registration Act prior to January 1, 1996, shall be deemed
4     initially registered as of January 1, 1996; however, this
5     shall not be construed to extend the duration of
6     registration set forth in Section 7.
7         (2) Except as provided in subsection (c)(4), any person
8     convicted or adjudicated prior to January 1, 1996, whose
9     liability for registration under Section 7 has not expired,
10     shall register in person prior to January 31, 1996.
11         (2.5) Except as provided in subsection (c)(4), any
12     person who has not been notified of his or her
13     responsibility to register shall be notified by a criminal
14     justice entity of his or her responsibility to register.
15     Upon notification the person must then register within 3
16     days of notification of his or her requirement to register.
17     If notification is not made within the offender's 10 year
18     registration requirement, and the Department of State
19     Police determines no evidence exists or indicates the
20     offender attempted to avoid registration, the offender
21     will no longer be required to register under this Act.
22         (3) Except as provided in subsection (c)(4), any person
23     convicted on or after January 1, 1996, shall register in
24     person within 3 days after the entry of the sentencing
25     order based upon his or her conviction.
26         (4) Any person unable to comply with the registration

 

 

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1     requirements of this Article because he or she is confined,
2     institutionalized, or imprisoned in Illinois on or after
3     January 1, 1996, shall register in person within 3 days of
4     discharge, parole or release.
5         (5) The person shall provide positive identification
6     and documentation that substantiates proof of residence at
7     the registering address.
8         (6) The person shall pay a $20 initial registration fee
9     and a $10 annual renewal fee. The fees shall be used by the
10     registering agency for official purposes. The agency shall
11     establish procedures to document receipt and use of the
12     funds. The law enforcement agency having jurisdiction may
13     waive the registration fee if it determines that the person
14     is indigent and unable to pay the registration fee. Ten
15     dollars for the initial registration fee and $5 of the
16     annual renewal fee shall be used by the registering agency
17     for official purposes. Ten dollars of the initial
18     registration fee and $5 of the annual fee shall be
19     deposited into the Sex Offender Management Board Fund under
20     Section 19 of the Sex Offender Management Board Act. Money
21     deposited into the Sex Offender Management Board Fund shall
22     be administered by the Sex Offender Management Board and
23     shall be used to fund practices endorsed or required by the
24     Sex Offender Management Board Act including but not limited
25     to sex offenders evaluation, treatment, or monitoring
26     programs that are or may be developed, as well as for

 

 

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1     administrative costs, including staff, incurred by the
2     Board.
3     (d) Within 3 days after obtaining or changing employment
4 and, if employed on January 1, 2000, within 5 days after that
5 date, a person required to register under this Section must
6 report, in person to the law enforcement agency having
7 jurisdiction, the business name and address where he or she is
8 employed. If the person has multiple businesses or work
9 locations, every business and work location must be reported to
10 the law enforcement agency having jurisdiction.
11 (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-994,
12 eff. 1-1-07; 95-229, eff. 8-16-07; 95-579, eff. 6-1-08; 95-640,
13 eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. 8-21-08.)
 
14     Section 99. Effective date. This Act takes effect January
15 1, 2011.