SB3293 Engrossed LRB096 19838 RLC 35290 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 Sections 3 and 6 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 sex
14 offender's or sexual predator's telephone number, including
15 cellular telephone number, the employer's telephone number,
16 school attended, all e-mail addresses, instant messaging
17 identities, chat room identities, and other Internet
18 communications identities that the sex offender uses or plans
19 to use, all Uniform Resource Locators (URLs) registered or used
20 by the sex offender, all blogs and other Internet sites
21 maintained by the sex offender or to which the sex offender has
22 uploaded any content or posted any messages or information,
23 extensions of the time period for registering as provided in

 

 

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

 

 

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1         (i) with the chief of police in the municipality in
2     which he or she is employed at or attends an institution of
3     higher education, unless the municipality is the City of
4     Chicago, in which case he or she shall register at the
5     Chicago Police Department Headquarters; or
6         (ii) with the sheriff in the county in which he or she
7     is employed or attends an institution of higher education
8     located in an unincorporated area, or if incorporated, no
9     police chief exists.
10 For purposes of this Article, the place of residence or
11 temporary domicile is defined as any and all places where the
12 sex offender resides for an aggregate period of time of 5 or
13 more days during any calendar year. Any person required to
14 register under this Article who lacks a fixed address or
15 temporary domicile must notify, in person, the agency of
16 jurisdiction of his or her last known address within 3 days
17 after ceasing to have a fixed residence.
18     Any person who lacks a fixed residence must report weekly,
19 in person, with the sheriff's office of the county in which he
20 or she is located in an unincorporated area, or with the chief
21 of police in the municipality in which he or she is located.
22 The agency of jurisdiction will document each weekly
23 registration to include all the locations where the person has
24 stayed during the past 7 days.
25     The sex offender or sexual predator shall provide accurate
26 information as required by the Department of State Police. That

 

 

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1 information shall include the sex offender's or sexual
2 predator's current place of employment.
3     (a-5) An out-of-state student or out-of-state employee
4 shall, within 3 days after beginning school or employment in
5 this State, register in person and provide accurate information
6 as required by the Department of State Police. Such information
7 will include current place of employment, school attended, and
8 address in state of residence. A sex offender convicted under
9 Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code
10 of 1961 shall provide all Internet protocol (IP) addresses in
11 his or her residence, registered in his or her name, accessible
12 at his or her place of employment, or otherwise under his or
13 her control or custody. The out-of-state student or
14 out-of-state employee shall register:
15         (1) with the chief of police in the municipality in
16     which he or she attends school or is employed for a period
17     of time of 5 or more days or for an aggregate period of
18     time of more than 30 days during any calendar year, unless
19     the municipality is the City of Chicago, in which case he
20     or she shall register at the Chicago Police Department
21     Headquarters; or
22         (2) with the sheriff in the county in which he or she
23     attends school or is employed for a period of time of 5 or
24     more days or for an aggregate period of time of more than
25     30 days during any calendar year in an unincorporated area
26     or, if incorporated, no police chief exists.

 

 

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1     The out-of-state student or out-of-state employee shall
2 provide accurate information as required by the Department of
3 State Police. That information shall include the out-of-state
4 student's current place of school attendance or the
5 out-of-state employee's current place of employment.
6     (a-10) Any law enforcement agency registering sex
7 offenders or sexual predators in accordance with subsections
8 (a) or (a-5) of this Section shall forward to the Attorney
9 General a copy of sex offender registration forms from persons
10 convicted under Section 11-6, 11-20.1, 11-20.3, or 11-21 of the
11 Criminal Code of 1961, including periodic and annual
12 registrations under Section 6 of this Act.
13     (b) Any sex offender, as defined in Section 2 of this Act,
14 or sexual predator, regardless of any initial, prior, or other
15 registration, shall, within 3 days of beginning school, or
16 establishing a residence, place of employment, or temporary
17 domicile in any county, register in person as set forth in
18 subsection (a) 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 Sex
22     Offender Registration Act or the Child Sex Offender
23     Registration Act prior to January 1, 1996, shall be deemed
24     initially registered as of January 1, 1996; however, this
25     shall not be construed to extend the duration of
26     registration set forth in Section 7.

 

 

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1         (2) Except as provided in subsection (c)(4), any person
2     convicted or adjudicated prior to January 1, 1996, whose
3     liability for registration under Section 7 has not expired,
4     shall register in person prior to January 31, 1996.
5         (2.5) Except as provided in subsection (c)(4), any
6     person who has not been notified of his or her
7     responsibility to register shall be notified by a criminal
8     justice entity of his or her responsibility to register.
9     Upon notification the person must then register within 3
10     days of notification of his or her requirement to register.
11     If notification is not made within the offender's 10 year
12     registration requirement, and the Department of State
13     Police determines no evidence exists or indicates the
14     offender attempted to avoid registration, the offender
15     will no longer be required to register under this Act.
16         (3) Except as provided in subsection (c)(4), any person
17     convicted on or after January 1, 1996, shall register in
18     person within 3 days after the entry of the sentencing
19     order based upon his or her conviction.
20         (4) Any person unable to comply with the registration
21     requirements of this Article because he or she is confined,
22     institutionalized, or imprisoned in Illinois on or after
23     January 1, 1996, shall register in person within 3 days of
24     discharge, parole or release.
25         (5) The person shall provide positive identification
26     and documentation that substantiates proof of residence at

 

 

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1     the registering address.
2         (6) The person shall pay a $20 initial registration fee
3     and a $10 annual renewal fee. The fees shall be used by the
4     registering agency for official purposes. The agency shall
5     establish procedures to document receipt and use of the
6     funds. The law enforcement agency having jurisdiction may
7     waive the registration fee if it determines that the person
8     is indigent and unable to pay the registration fee. Ten
9     dollars for the initial registration fee and $5 of the
10     annual renewal fee shall be used by the registering agency
11     for official purposes. Ten dollars of the initial
12     registration fee and $5 of the annual fee shall be
13     deposited into the Sex Offender Management Board Fund under
14     Section 19 of the Sex Offender Management Board Act. Money
15     deposited into the Sex Offender Management Board Fund shall
16     be administered by the Sex Offender Management Board and
17     shall be used to fund practices endorsed or required by the
18     Sex Offender Management Board Act including but not limited
19     to sex offenders evaluation, treatment, or monitoring
20     programs that are or may be developed, as well as for
21     administrative costs, including staff, incurred by the
22     Board.
23     (d) Within 3 days after obtaining or changing employment
24 and, if employed on January 1, 2000, within 5 days after that
25 date, a person required to register under this Section must
26 report, in person to the law enforcement agency having

 

 

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1 jurisdiction, the business name and address where he or she is
2 employed. If the person has multiple businesses or work
3 locations, every business and work location must be reported to
4 the law enforcement agency having jurisdiction.
5 (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 94-994,
6 eff. 1-1-07; 95-229, eff. 8-16-07; 95-579, eff. 6-1-08; 95-640,
7 eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff. 8-21-08.)
 
8     (730 ILCS 150/6)  (from Ch. 38, par. 226)
9     Sec. 6. Duty to report; change of address, school, or
10 employment; duty to inform. A person who has been adjudicated
11 to be sexually dangerous or is a sexually violent person and is
12 later released, or found to be no longer sexually dangerous or
13 no longer a sexually violent person and discharged, or
14 convicted of a violation of this Act after July 1, 2005, shall
15 report in person to the law enforcement agency with whom he or
16 she last registered no later than 90 days after the date of his
17 or her last registration and every 90 days thereafter and at
18 such other times at the request of the law enforcement agency
19 not to exceed 4 times a year. Such sexually dangerous or
20 sexually violent person must report all new or changed e-mail
21 addresses, all new or changed instant messaging identities, all
22 new or changed chat room identities, and all other new or
23 changed Internet communications identities that the sexually
24 dangerous or sexually violent person uses or plans to use, all
25 new or changed Uniform Resource Locators (URLs) registered or

 

 

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1 used by the sexually dangerous or sexually violent person, and
2 all new or changed blogs and other Internet sites maintained by
3 the sexually dangerous or sexually violent person or to which
4 the sexually dangerous or sexually violent person has uploaded
5 any content or posted any messages or information. Any person
6 who lacks a fixed residence must report weekly, in person, to
7 the appropriate law enforcement agency where the sex offender
8 is located. Any other person who is required to register under
9 this Article shall report in person to the appropriate law
10 enforcement agency with whom he or she last registered within
11 one year from the date of last registration and every year
12 thereafter and at such other times at the request of the law
13 enforcement agency not to exceed 4 times a year. If any person
14 required to register under this Article lacks a fixed residence
15 or temporary domicile, he or she must notify, in person, the
16 agency of jurisdiction of his or her last known address within
17 3 days after ceasing to have a fixed residence and if the
18 offender leaves the last jurisdiction of residence, he or she,
19 must within 3 days after leaving register in person with the
20 new agency of jurisdiction. If any other person required to
21 register under this Article changes his or her residence
22 address, place of employment, telephone number, cellular
23 telephone number, or school, he or she shall report in person,
24 to the law enforcement agency with whom he or she last
25 registered, of his or her new address, change in employment,
26 telephone number, cellular telephone number, or school, all new

 

 

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1 or changed e-mail addresses, all new or changed instant
2 messaging identities, all new or changed chat room identities,
3 and all other new or changed Internet communications identities
4 that the sex offender uses or plans to use, all new or changed
5 Uniform Resource Locators (URLs) registered or used by the sex
6 offender, and all new or changed blogs and other Internet sites
7 maintained by the sex offender or to which the sex offender has
8 uploaded any content or posted any messages or information, and
9 register, in person, with the appropriate law enforcement
10 agency within the time period specified in Section 3. The law
11 enforcement agency shall, within 3 days of the reporting in
12 person by the person required to register under this Article,
13 notify the Department of State Police of the new place of
14 residence, change in employment, telephone number, cellular
15 telephone number, or school.
16     If any person required to register under this Article
17 intends to establish a residence or employment outside of the
18 State of Illinois, at least 10 days before establishing that
19 residence or employment, he or she shall report in person to
20 the law enforcement agency with which he or she last registered
21 of his or her out-of-state intended residence or employment.
22 The law enforcement agency with which such person last
23 registered shall, within 3 days after the reporting in person
24 of the person required to register under this Article of an
25 address or employment change, notify the Department of State
26 Police. The Department of State Police shall forward such

 

 

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1 information to the out-of-state law enforcement agency having
2 jurisdiction in the form and manner prescribed by the
3 Department of State Police.
4 (Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-229,
5 eff. 8-16-07; 95-331, eff. 8-21-07; 95-640, eff. 6-1-08;
6 95-876, eff. 8-21-08.)