98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3383

 

Introduced 2/14/2014, by Sen. William R. Haine

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Sex Offender Registration Act. Adds various offenses requiring registration as a sex offender. Provides that a person who is required to register under the Act, other than: (1) a person who has been adjudicated to be sexually dangerous and later released, (2) a sexually violent person or sexual predator, (3) a person who becomes subject to registration under the Act who has previously been subject to registration under the Act or under the Child Murderer and Violent Offender Against Youth Registration Act or similar registration requirements of other jurisdictions, or (4) a person who is convicted or adjudicated of a misdemeanor sex offense, shall be required to register for a period of 25 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 25 years after parole, discharge or release from any of those facilities. Amends the Sex Offender Community Notification Law. Provides that the Missing Sex Offender Information on the Internet page of the Department of State Police shall also include information that rewards may be (rather than are) available to persons who inform the Department of State Police or a local law enforcement agency of the whereabouts of a missing sex offender. Amends the Child Murderer and Violent Offender Against Youth Registration Act to make conforming changes.


LRB098 19897 RLC 55116 b

 

 

A BILL FOR

 

SB3383LRB098 19897 RLC 55116 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Sex Offender Registration Act is amended by
5changing Sections 2, 3, 6, 7, 8, and 11 and by adding Sections
67-5 and 10.1 as follows:
 
7    (730 ILCS 150/2)  (from Ch. 38, par. 222)
8    Sec. 2. Definitions.
9    (A) As used in this Article, "sex offender" means any
10person who is:
11        (1) charged pursuant to Illinois law, or any
12    substantially similar federal, Uniform Code of Military
13    Justice, sister state, law of another jurisdiction, tribe,
14    territory, District of Columbia, or foreign country law,
15    with a sex offense set forth in subsection (B) of this
16    Section or the attempt to commit an included sex offense,
17    and:
18            (a) is convicted of such offense or an attempt to
19        commit such offense, conspiracy to commit the offense,
20        or solicitation to commit the offense; or
21            (b) is found not guilty by reason of insanity of
22        such offense or an attempt to commit such offense; or
23            (c) is found not guilty by reason of insanity

 

 

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1        pursuant to Section 104-25(c) of the Code of Criminal
2        Procedure of 1963 of such offense or an attempt to
3        commit such offense; or
4            (d) is the subject of a finding not resulting in an
5        acquittal at a hearing conducted pursuant to Section
6        104-25(a) of the Code of Criminal Procedure of 1963 for
7        the alleged commission or attempted commission of such
8        offense; or
9            (e) is found not guilty by reason of insanity
10        following a hearing conducted pursuant to a federal,
11        Uniform Code of Military Justice, sister state, or
12        foreign country law substantially similar to Section
13        104-25(c) of the Code of Criminal Procedure of 1963 of
14        such offense or of the attempted commission of such
15        offense; or
16            (f) is the subject of a finding not resulting in an
17        acquittal at a hearing conducted pursuant to a federal,
18        Uniform Code of Military Justice, sister state, or
19        foreign country law substantially similar to Section
20        104-25(a) of the Code of Criminal Procedure of 1963 for
21        the alleged violation or attempted commission of such
22        offense; or
23        (2) declared as a sexually dangerous person pursuant to
24    the Illinois Sexually Dangerous Persons Act, or any
25    substantially similar federal, Uniform Code of Military
26    Justice, sister state, or foreign country law; or

 

 

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1        (3) subject to the provisions of Section 2 of the
2    Interstate Agreements on Sexually Dangerous Persons Act;
3    or
4        (4) found to be a sexually violent person pursuant to
5    the Sexually Violent Persons Commitment Act or any
6    substantially similar federal, Uniform Code of Military
7    Justice, sister state, or foreign country law; or
8        (5) adjudicated a juvenile delinquent as the result of
9    committing or attempting to commit an act which, if
10    committed by an adult, would constitute any of the offenses
11    specified in item (B), (C), or (C-5) of this Section or a
12    violation of any substantially similar federal, Uniform
13    Code of Military Justice, sister state, or foreign country
14    law, or found guilty under Article V of the Juvenile Court
15    Act of 1987 of committing or attempting to commit an act
16    which, if committed by an adult, would constitute any of
17    the offenses specified in item (B), (C), or (C-5) of this
18    Section or a violation of any substantially similar
19    federal, Uniform Code of Military Justice, sister state, or
20    foreign country law.
21    Convictions that result from or are connected with the same
22act, or result from offenses committed at the same time, shall
23be counted for the purpose of this Article as one conviction.
24Any conviction set aside pursuant to law is not a conviction
25for purposes of this Article.
26     For purposes of this Section, "convicted" shall have the

 

 

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1same meaning as "adjudicated".
2    (B) As used in this Article, "sex offense" means:
3        (1) A violation, attempted violation of, conspiracy to
4    commit, or solicitation to commit a violation of any of the
5    following Sections of the Criminal Code of 1961 or the
6    Criminal Code of 2012:
7            10-5.1 (luring a minor) for a second or subsequent
8        conviction,
9            11-20.1 (child pornography),
10            11-20.1B or 11-20.3 (aggravated child
11        pornography),
12            11-6 (indecent solicitation of a child),
13            11-9.1 (sexual exploitation of a child),
14            11-9.2 (custodial sexual misconduct),
15            11-9.5 (sexual misconduct with a person with a
16        disability),
17            11-14.4 (promoting juvenile prostitution),
18            11-15.1 (soliciting for a juvenile prostitute),
19            11-18.1 (patronizing a juvenile prostitute),
20            11-17.1 (keeping a place of juvenile
21        prostitution),
22            11-19.1 (juvenile pimping),
23            11-19.2 (exploitation of a child),
24            11-25 (grooming),
25            11-26 (traveling to meet a minor),
26            11-1.20 or 12-13 (criminal sexual assault),

 

 

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1            11-1.30 or 12-14 (aggravated criminal sexual
2        assault),
3            11-1.40 or 12-14.1 (predatory criminal sexual
4        assault of a child),
5            11-1.50 or 12-15 (criminal sexual abuse),
6            11-1.60 or 12-16 (aggravated criminal sexual
7        abuse),
8            12-33 (ritualized abuse of a child).
9            An attempt to commit any of these offenses.
10            26-4 (unauthorized video recording and live video
11        transmission), if the victim is under the age of 18.
12        (1.5) A violation of any of the following Sections of
13    the Criminal Code of 1961 or the Criminal Code of 2012,
14    when the victim is a person under 18 years of age, the
15    defendant is not a parent of the victim, the offense was
16    sexually motivated as defined in Section 10 of the Sex
17    Offender Evaluation and Treatment Act, and the offense was
18    committed on or after January 1, 1996:
19            10-1 (kidnapping),
20            10-2 (aggravated kidnapping),
21            10-3 (unlawful restraint),
22            10-3.1 (aggravated unlawful restraint).
23        If the offense was committed before January 1, 1996, it
24    is a sex offense requiring registration only when the
25    person is convicted of any felony after July 1, 2011, and
26    paragraph (2.1) of subsection (c) of Section 3 of this Act

 

 

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1    applies.
2        (1.6) First degree murder under Section 9-1 of the
3    Criminal Code of 1961 or the Criminal Code of 2012,
4    provided the offense was sexually motivated as defined in
5    Section 10 of the Sex Offender Management Board Act.
6        (1.7) (Blank).
7        (1.8) A violation or attempted violation of Section
8    11-11 (sexual relations within families) of the Criminal
9    Code of 1961 or the Criminal Code of 2012, and the offense
10    was committed on or after June 1, 1997. If the offense was
11    committed before June 1, 1997, it is a sex offense
12    requiring registration only when the person is convicted of
13    any felony after July 1, 2011, and paragraph (2.1) of
14    subsection (c) of Section 3 of this Act applies.
15        (1.9) Child abduction under paragraph (10) of
16    subsection (b) of Section 10-5 of the Criminal Code of 1961
17    or the Criminal Code of 2012 committed by luring or
18    attempting to lure a child under the age of 16 into a motor
19    vehicle, building, house trailer, or dwelling place
20    without the consent of the parent or lawful custodian of
21    the child for other than a lawful purpose and the offense
22    was committed on or after January 1, 1998, provided the
23    offense was sexually motivated as defined in Section 10 of
24    the Sex Offender Management Board Act. If the offense was
25    committed before January 1, 1998, it is a sex offense
26    requiring registration only when the person is convicted of

 

 

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1    any felony after July 1, 2011, and paragraph (2.1) of
2    subsection (c) of Section 3 of this Act applies.
3        (1.10) A violation or attempted violation of any of the
4    following Sections of the Criminal Code of 1961 or the
5    Criminal Code of 2012 when the offense was committed on or
6    after July 1, 1999:
7            10-4 (forcible detention, if the victim is under 18
8        years of age), provided the offense was sexually
9        motivated as defined in Section 10 of the Sex Offender
10        Management Board Act,
11            11-6.5 (indecent solicitation of an adult),
12            11-14.3 that involves soliciting for a prostitute,
13        or 11-15 (soliciting for a prostitute, if the victim is
14        under 18 years of age),
15            subdivision (a)(2)(A) or (a)(2)(B) of Section
16        11-14.3, or Section 11-16 (pandering, if the victim is
17        under 18 years of age),
18            11-18 (patronizing a prostitute, if the victim is
19        under 18 years of age),
20            subdivision (a)(2)(C) of Section 11-14.3, or
21        Section 11-19 (pimping, if the victim is under 18 years
22        of age).
23        If the offense was committed before July 1, 1999, it is
24    a sex offense requiring registration only when the person
25    is convicted of any felony after July 1, 2011, and
26    paragraph (2.1) of subsection (c) of Section 3 of this Act

 

 

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1    applies.
2        (1.11) A violation or attempted violation of any of the
3    following Sections of the Criminal Code of 1961 or the
4    Criminal Code of 2012 when the offense was committed on or
5    after August 22, 2002:
6            11-9 or 11-30 (public indecency for a third or
7        subsequent conviction).
8        If the third or subsequent conviction was imposed
9    before August 22, 2002, it is a sex offense requiring
10    registration only when the person is convicted of any
11    felony after July 1, 2011, and paragraph (2.1) of
12    subsection (c) of Section 3 of this Act applies.
13        (1.12) A violation or attempted violation of Section
14    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
15    Criminal Code of 1961 or the Criminal Code of 2012
16    (permitting sexual abuse) when the offense was committed on
17    or after August 22, 2002. If the offense was committed
18    before August 22, 2002, it is a sex offense requiring
19    registration only when the person is convicted of any
20    felony after July 1, 2011, and paragraph (2.1) of
21    subsection (c) of Section 3 of this Act applies.
22        (2) A violation, attempted violation of, conspiracy to
23    commit, or solicitation to commit a violation of any former
24    law of this State substantially equivalent to any offense
25    listed in subsection (B) of this Section.
26    (C) A conviction for an offense of federal law, Uniform

 

 

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1Code of Military Justice, or the law of another state or a
2foreign country that is substantially equivalent to any offense
3listed in subsections (B), (C), (E), and (E-5) of this Section
4shall constitute a conviction for the purpose of this Article.
5A finding or adjudication as a sexually dangerous person or a
6sexually violent person under any federal law, Uniform Code of
7Military Justice, or the law of another state or foreign
8country that is substantially equivalent to the Sexually
9Dangerous Persons Act or the Sexually Violent Persons
10Commitment Act shall constitute an adjudication for the
11purposes of this Article.
12    (C-1) A violation, attempted violation of, conspiracy to
13commit, or solicitation to commit a violation of any of the
14following Sections of Title 18 of the U.S. Code:
15        (A) 1591 (sex trafficking of children),
16        (B) 1801 (video voyeurism of a minor),
17        (C) 2241 (aggravated sexual abuse),
18        (D) 2242 (sexual abuse),
19        (E) 2243 (sexual abuse of a minor or ward),
20        (F) 2244 (abusive sexual contact),
21        (G) 2245 (offenses resulting in death),
22        (H) 2251 (sexual exploitation of children),
23        (I) 2251A (selling or buying of children),
24        (J) 2252 (material involving the sexual exploitation
25    of minors),
26        (K) 2252A (material containing child pornography),

 

 

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1        (L) 2252B (misleading domain names on the Internet),
2        (M) 2252C (misleading words or digital images on the
3    Internet),
4        (N) 2260 (production of sexually explicit depictions
5    of a minor for import into the United States),
6        (O) 2421 (transportation of a minor for illegal sexual
7    activity),
8        (P) 2422 (coercion and enticement of a minor for
9    illegal sexual activity),
10        (Q) 2423 (transportation of minors for illegal sexual
11    activity, travel with the intent to engage in illicit
12    sexual conduct with a minor, engaging in illicit sexual
13    conduct in foreign places),
14        (R) 2424 (failure to file a factual statement about an
15    alien individual),
16        (S) 2425 (transmitting information about a minor to
17    further criminal sexual conduct),
18        (T) A violation of any former federal law substantially
19    equivalent to any offense in this subsection (C-1).
20    (C-5) A person at least 17 years of age at the time of the
21commission of the offense who is convicted of first degree
22murder under Section 9-1 of the Criminal Code of 1961 or the
23Criminal Code of 2012, against a person under 18 years of age,
24shall be required to register for natural life. A conviction
25for an offense of federal, Uniform Code of Military Justice,
26sister state, or foreign country law that is substantially

 

 

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1equivalent to any offense listed in subsection (C-5) of this
2Section shall constitute a conviction for the purpose of this
3Article. This subsection (C-5) applies to a person who
4committed the offense before June 1, 1996 if: (i) the person is
5incarcerated in an Illinois Department of Corrections facility
6on August 20, 2004 (the effective date of Public Act 93-977),
7or (ii) subparagraph (i) does not apply and the person is
8convicted of any felony after July 1, 2011, and paragraph (2.1)
9of subsection (c) of Section 3 of this Act applies.
10    (C-6) A person who is convicted or adjudicated delinquent
11of first degree murder as defined in Section 9-1 of the
12Criminal Code of 1961 or the Criminal Code of 2012, against a
13person 18 years of age or over, shall be required to register
14for his or her natural life. A conviction for an offense of
15federal, Uniform Code of Military Justice, sister state, or
16foreign country law that is substantially equivalent to any
17offense listed in subsection (C-6) of this Section shall
18constitute a conviction for the purpose of this Article. This
19subsection (C-6) does not apply to those individuals released
20from incarceration more than 10 years prior to January 1, 2012
21(the effective date of Public Act 97-154).
22    (D) As used in this Article, "law enforcement agency having
23jurisdiction" means the Chief of Police in each of the
24municipalities in which the sex offender expects to reside,
25work, or attend school (1) upon his or her discharge, parole or
26release or (2) during the service of his or her sentence of

 

 

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1probation or conditional discharge, or the Sheriff of the
2county, in the event no Police Chief exists or if the offender
3intends to reside, work, or attend school in an unincorporated
4area. "Law enforcement agency having jurisdiction" includes
5the location where out-of-state students attend school and
6where out-of-state employees are employed or are otherwise
7required to register.
8    (D-1) As used in this Article, "supervising officer" means
9the assigned Illinois Department of Corrections parole agent or
10county probation officer.
11    (E) As used in this Article, "sexual predator" means any
12person who, after July 1, 1999, is:
13        (1) Convicted for an offense, conspiracy to commit the
14    offense, or solicitation to commit the offense of federal,
15    Uniform Code of Military Justice, sister state, or foreign
16    country law that is substantially equivalent to any offense
17    listed in subsection (E) or (E-5) of this Section shall
18    constitute a conviction for the purpose of this Article.
19    Convicted of a violation or attempted violation of any of
20    the following Sections of the Criminal Code of 1961 or the
21    Criminal Code of 2012:
22            10-5.1 (luring of a minor),
23            11-14.4 that involves keeping a place of juvenile
24        prostitution, or 11-17.1 (keeping a place of juvenile
25        prostitution),
26            subdivision (a)(2) or (a)(3) of Section 11-14.4,

 

 

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1        or Section 11-19.1 (juvenile pimping),
2            subdivision (a)(4) of Section 11-14.4, or Section
3        11-19.2 (exploitation of a child),
4            11-20.1 (child pornography),
5            11-20.1B or 11-20.3 (aggravated child
6        pornography),
7            11-1.20 or 12-13 (criminal sexual assault),
8            11-1.30 or 12-14 (aggravated criminal sexual
9        assault),
10            11-1.40 or 12-14.1 (predatory criminal sexual
11        assault of a child),
12            11-1.60 or 12-16 (aggravated criminal sexual
13        abuse),
14            12-33 (ritualized abuse of a child);
15        (2) (blank);
16        (3) declared as a sexually dangerous person pursuant to
17    the Sexually Dangerous Persons Act or any substantially
18    similar federal, Uniform Code of Military Justice, sister
19    state, or foreign country law;
20        (4) found to be a sexually violent person pursuant to
21    the Sexually Violent Persons Commitment Act or any
22    substantially similar federal, Uniform Code of Military
23    Justice, sister state, or foreign country law;
24        (5) convicted of a second or subsequent offense which
25    requires registration pursuant to this Act. For purposes of
26    this paragraph (5), "convicted" shall include a conviction

 

 

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1    under any substantially similar Illinois, federal, Uniform
2    Code of Military Justice, sister state, or foreign country
3    law;
4        (6) (blank); or
5        (7) if the person was convicted of an offense set forth
6    in this subsection (E) on or before July 1, 1999, the
7    person is a sexual predator for whom registration is
8    required only when the person is convicted of a felony
9    offense after July 1, 2011, and paragraph (2.1) of
10    subsection (c) of Section 3 of this Act applies; or .
11        (8) a violation of any of the following Sections of
12    Title 18 of the U.S. Code:
13            2241 (aggravated sexual abuse),
14            2242 (sexual abuse),
15            2244 (abusive sexual contact).
16    (E-5) As used in this Article, "sexual predator" also means
17a person convicted of a violation or attempted violation,
18conspiracy to commit the offense, or solicitation to commit the
19offense of any of the following Sections of the Criminal Code
20of 1961 or the Criminal Code of 2012:
21        (1) Section 9-1 (first degree murder, when the victim
22    was a person under 18 years of age and the defendant was at
23    least 17 years of age at the time of the commission of the
24    offense, provided the offense was sexually motivated as
25    defined in Section 10 of the Sex Offender Management Board
26    Act);

 

 

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1        (2) Section 11-9.5 (sexual misconduct with a person
2    with a disability);
3        (3) when the victim is a person under 18 years of age,
4    the defendant is not a parent of the victim, the offense
5    was sexually motivated as defined in Section 10 of the Sex
6    Offender Management Board Act, and the offense was
7    committed on or after January 1, 1996: (A) Section 10-1
8    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
9    (C) Section 10-3 (unlawful restraint), and (D) Section
10    10-3.1 (aggravated unlawful restraint); and
11        (4) Section 10-5(b)(10) (child abduction committed by
12    luring or attempting to lure a child under the age of 16
13    into a motor vehicle, building, house trailer, or dwelling
14    place without the consent of the parent or lawful custodian
15    of the child for other than a lawful purpose and the
16    offense was committed on or after January 1, 1998, provided
17    the offense was sexually motivated as defined in Section 10
18    of the Sex Offender Management Board Act).
19    (E-10) As used in this Article, "sexual predator" also
20means a person required to register in another State due to a
21conviction, adjudication or other action of any court
22triggering an obligation to register as a sex offender, sexual
23predator, or substantially similar status under the laws of
24that State.
25    (F) As used in this Article, "out-of-state student" means
26any sex offender, as defined in this Section, or sexual

 

 

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1predator who is enrolled in Illinois, on a full-time or
2part-time basis, in any public or private educational
3institution, including, but not limited to, any secondary
4school, trade or professional institution, or institution of
5higher learning.
6    (G) As used in this Article, "out-of-state employee" means
7any sex offender, as defined in this Section, or sexual
8predator who works in Illinois, regardless of whether the
9individual receives payment for services performed, for a
10period of time of 10 or more days or for an aggregate period of
11time of 30 or more days during any calendar year. Persons who
12operate motor vehicles in the State accrue one day of
13employment time for any portion of a day spent in Illinois.
14    (H) As used in this Article, "school" means any public or
15private educational institution, including, but not limited
16to, any elementary or secondary school, trade or professional
17institution, or institution of higher education.
18    (I) As used in this Article, "fixed residence" means any
19and all places that a sex offender resides for an aggregate
20period of time of 5 or more days in a calendar year.
21    (J) As used in this Article, "Internet protocol address"
22means the string of numbers by which a location on the Internet
23is identified by routers or other computers connected to the
24Internet.
25    (K) As used in this Article, "temporary domicile" means any
26and all places where the sex offender resides for an aggregate

 

 

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1period of time of 3 or more days during any calendar year.
2    (L) As used in this Article, "conviction" means any
3conviction of the offense, an attempt to commit the offense,
4conspiracy to commit the offense, solicitation to commit the
5offense, or adjudication.
6    (M) An offense involving consensual sexual conduct in
7violation of subsection (c) of Section 11-1.50 of the Criminal
8Code of 2012 is not a sex offense for the purposes of this
9Section if the victim was at least 13 years of age and the
10offender was not more than 4 years older than the victim, and
11the court makes a factual finding that:
12        (1) the sexual conduct was not the result of compulsion
13    or undue influence; and
14        (2) the offender is not a risk of re-offending based
15    on:
16            (A) a risk assessment performed by an evaluator
17        approved by the Sex Offender Management Board;
18            (B) the sex offender history of the offender;
19            (C) information related to the registrant's
20        mental, physical, educational, and social history;
21            (D) victim impact statements; and
22            (E) any other factors deemed relevant by the court.
23(Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11;
2496-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12;
2597-1073, eff. 1-1-13; 97-1098, eff. 1-1-13; 97-1109, eff.
261-1-13; 97-1150, eff. 1-25-13.)
 

 

 

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1    (730 ILCS 150/3)
2    Sec. 3. Duty to register.
3    (a) A sex offender, as defined in Section 2 of this Act, or
4sexual predator shall, within the time period prescribed in
5subsections (b) and (c), register in person and provide
6accurate information as required by the Department of State
7Police. Such information shall include a current photograph,
8current address, temporary domicile information (including
9address of temporary domicile and dates of temporary domicile),
10current place of employment, the sex offender's or sexual
11predator's telephone numbers (including land line telephone
12number, cellular telephone numbers, and voice over Internet
13Protocol numbers) telephone number, including cellular
14telephone number, the employer's telephone number, day labor
15employment information, school attended, all e-mail addresses,
16instant messaging identities, chat room identities, and other
17Internet communications identities that the sex offender uses
18or plans to use, all Uniform Resource Locators (URLs)
19registered or used by the sex offender, all blogs and other
20Internet sites maintained by the sex offender or to which the
21sex offender has uploaded any content or posted any messages or
22information, extensions of the time period for registering as
23provided in this Article and, if an extension was granted, the
24reason why the extension was granted and the date the sex
25offender was notified of the extension. The information shall

 

 

SB3383- 19 -LRB098 19897 RLC 55116 b

1also include a copy of the terms and conditions of parole or
2release signed by the sex offender and given to the sex
3offender by his or her supervising officer or aftercare
4specialist, the county of conviction, license plate numbers and
5registration number for every land, aircraft or watercraft
6vehicle owned or operated by registered in the name of the sex
7offender, the age of the sex offender at the time of the
8commission of the offense, the age of the victim at the time of
9the commission of the offense, and any distinguishing marks
10located on the body of the sex offender. The information shall
11also include any nicknames, aliases, pseudonyms, ethnic or
12tribal names by which the offender is commonly known. A
13photocopy of a valid driver's license or identification card
14must also be provided at the time of registration. Passports,
15immigration documents, and any occupational licenses shall
16also be submitted. A sex offender convicted under Section 11-6,
1711-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of
181961 or the Criminal Code of 2012 shall provide all Internet
19protocol (IP) addresses in his or her residence, registered in
20his or her name, accessible at his or her place of employment,
21or otherwise under his or her control or custody. If the sex
22offender is a child sex offender as defined in Section 11-9.3
23or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of
242012, the sex offender shall report to the registering agency
25whether he or she is living in a household with a child under
2618 years of age who is not his or her own child, provided that

 

 

SB3383- 20 -LRB098 19897 RLC 55116 b

1his or her own child is not the victim of the sex offense. The
2sex offender or sexual predator shall register:
3        (1) with the chief of police in the municipality in
4    which he or she resides or is temporarily domiciled for a
5    period of time of 3 or more days, unless the municipality
6    is the City of Chicago, in which case he or she shall
7    register at the Chicago Police Department Headquarters; or
8        (2) with the sheriff in the county in which he or she
9    resides or is temporarily domiciled for a period of time of
10    3 or more days in an unincorporated area or, if
11    incorporated, no police chief exists.
12    If the sex offender or sexual predator is employed at or
13attends an institution of higher education, he or she shall
14also register:
15        (i) with:
16            (A) the chief of police in the municipality in
17        which he or she is employed at or attends an
18        institution of higher education, unless the
19        municipality is the City of Chicago, in which case he
20        or she shall register at the Chicago Police Department
21        Headquarters; or
22            (B) the sheriff in the county in which he or she is
23        employed or attends an institution of higher education
24        located in an unincorporated area, or if incorporated,
25        no police chief exists; and
26        (ii) with the public safety or security director of the

 

 

SB3383- 21 -LRB098 19897 RLC 55116 b

1    institution of higher education which he or she is employed
2    at or attends.
3    The registration fees shall only apply to the municipality
4or county of primary registration, and not to campus
5registration.
6    For purposes of this Article, the place of residence or
7temporary domicile is defined as any and all places where the
8sex offender resides for an aggregate period of time of 3 or
9more days during any calendar year. Any person required to
10register under this Article who lacks a fixed address or
11temporary domicile must notify, in person, the agency of
12jurisdiction of his or her last known address within 3 days
13after ceasing to have a fixed residence.
14    A sex offender or sexual predator who is temporarily absent
15from his or her current address of registration for 3 or more
16days shall notify the law enforcement agency having
17jurisdiction of his or her current registration, including the
18itinerary for travel, in the manner provided in Section 6 of
19this Act for notification to the law enforcement agency having
20jurisdiction of change of address.
21    Any person who lacks a fixed residence must report weekly,
22in person, with the sheriff's office of the county in which he
23or she is located in an unincorporated area, or with the chief
24of police in the municipality in which he or she is located.
25The agency of jurisdiction will document each weekly
26registration to include all the locations where the person has

 

 

SB3383- 22 -LRB098 19897 RLC 55116 b

1stayed during the past 7 days.
2    The sex offender or sexual predator shall provide accurate
3information as required by the Department of State Police. That
4information shall include the sex offender's or sexual
5predator's current place of employment.
6    (a-5) An out-of-state student or out-of-state employee
7shall, within 3 days after beginning school or employment in
8this State, register in person and provide accurate information
9as required by the Department of State Police. Such information
10will include current place of employment, school attended, and
11address in state of residence. A sex offender convicted under
12Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the
13Criminal Code of 1961 or the Criminal Code of 2012 shall
14provide all Internet protocol (IP) addresses in his or her
15residence, registered in his or her name, accessible at his or
16her place of employment, or otherwise under his or her control
17or custody. The out-of-state student or out-of-state employee
18shall register:
19        (1) with:
20            (A) the chief of police in the municipality in
21        which he or she attends school or is employed for a
22        period of time of 5 or more days or for an aggregate
23        period of time of more than 30 days during any calendar
24        year, unless the municipality is the City of Chicago,
25        in which case he or she shall register at the Chicago
26        Police Department Headquarters; or

 

 

SB3383- 23 -LRB098 19897 RLC 55116 b

1            (B) the sheriff in the county in which he or she
2        attends school or is employed for a period of time of 5
3        or more days or for an aggregate period of time of more
4        than 30 days during any calendar year in an
5        unincorporated area or, if incorporated, no police
6        chief exists; and
7        (2) with the public safety or security director of the
8    institution of higher education he or she is employed at or
9    attends for a period of time of 5 or more days or for an
10    aggregate period of time of more than 30 days during a
11    calendar year.
12    The registration fees shall only apply to the municipality
13or county of primary registration, and not to campus
14registration.
15    The out-of-state student or out-of-state employee shall
16provide accurate information as required by the Department of
17State Police. That information shall include the out-of-state
18student's current place of school attendance or the
19out-of-state employee's current place of employment.
20    (a-10) Any law enforcement agency registering sex
21offenders or sexual predators in accordance with subsections
22(a) or (a-5) of this Section shall forward to the Attorney
23General a copy of sex offender registration forms from persons
24convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
2511-21 of the Criminal Code of 1961 or the Criminal Code of
262012, including periodic and annual registrations under

 

 

SB3383- 24 -LRB098 19897 RLC 55116 b

1Section 6 of this Act.
2    (b) Any sex offender, as defined in Section 2 of this Act,
3or sexual predator, regardless of any initial, prior, or other
4registration, shall, within 3 days of beginning school, or
5establishing a residence, place of employment, or temporary
6domicile in any county, register in person as set forth in
7subsection (a) or (a-5).
8    (c) The registration for any person required to register
9under this Article shall be as follows:
10        (1) Any person registered under the Habitual Child Sex
11    Offender Registration Act or the Child Sex Offender
12    Registration Act prior to January 1, 1996, shall be deemed
13    initially registered as of January 1, 1996; however, this
14    shall not be construed to extend the duration of
15    registration set forth in Section 7.
16        (2) Except as provided in subsection (c)(2.1) or
17    (c)(4), any person convicted or adjudicated prior to
18    January 1, 1996, whose liability for registration under
19    Section 7 has not expired, shall register in person prior
20    to January 31, 1996.
21        (2.1) A sex offender or sexual predator, who has never
22    previously been required to register under this Act, has a
23    duty to register if the person has been convicted of any
24    felony offense after July 1, 2011. A person who previously
25    was required to register under this Act for a period of 10
26    years and successfully completed that registration period

 

 

SB3383- 25 -LRB098 19897 RLC 55116 b

1    has a duty to register if: (i) the person has been
2    convicted of any felony offense after July 1, 2011, and
3    (ii) the offense for which the 10 year registration was
4    served currently requires a registration period of more
5    than 10 years. Notification of an offender's duty to
6    register under this subsection shall be pursuant to Section
7    5-7 of this Act.
8        (2.5) Except as provided in subsection (c)(4), any
9    person who has not been notified of his or her
10    responsibility to register shall be notified by a criminal
11    justice entity of his or her responsibility to register.
12    Upon notification the person must then register within 3
13    days of notification of his or her requirement to register.
14    Except as provided in subsection (c)(2.1), if notification
15    is not made within the offender's 10 year registration
16    requirement, and the Department of State Police determines
17    no evidence exists or indicates the offender attempted to
18    avoid registration, the offender will no longer be required
19    to register under this Act.
20        (3) Except as provided in subsection (c)(4), any person
21    convicted on or after January 1, 1996, shall register in
22    person within 3 days after the entry of the sentencing
23    order based upon his or her conviction.
24        (4) Any person unable to comply with the registration
25    requirements of this Article because he or she is confined,
26    institutionalized, or imprisoned in Illinois on or after

 

 

SB3383- 26 -LRB098 19897 RLC 55116 b

1    January 1, 1996, shall register in person within 3 days of
2    discharge, parole or release.
3        (5) The person shall provide positive identification
4    and documentation that substantiates proof of residence at
5    the registering address.
6        (6) The person shall pay a $100 initial registration
7    fee and a $100 annual renewal fee to the registering law
8    enforcement agency having jurisdiction. The registering
9    agency may waive the registration fee if it determines that
10    the person is indigent and unable to pay the registration
11    fee. Thirty-five dollars for the initial registration fee
12    and $35 of the annual renewal fee shall be retained and
13    used by the registering agency for official purposes.
14    Having retained $35 of the initial registration fee and $35
15    of the annual renewal fee, the registering agency shall
16    remit the remainder of the fee to State agencies within 30
17    days of receipt for deposit into the State funds as
18    follows:
19            (A) Five dollars of the initial registration fee
20        and $5 of the annual fee shall be remitted to the State
21        Treasurer who shall deposit the moneys into the Sex
22        Offender Management Board Fund under Section 19 of the
23        Sex Offender Management Board Act. Money deposited
24        into the Sex Offender Management Board Fund shall be
25        administered by the Sex Offender Management Board and
26        shall be used by the Board to comply with the

 

 

SB3383- 27 -LRB098 19897 RLC 55116 b

1        provisions of the Sex Offender Management Board Act.
2            (B) Thirty dollars of the initial registration fee
3        and $30 of the annual renewal fee shall be remitted to
4        the Department of State Police which shall deposit the
5        moneys into the Sex Offender Registration Fund and
6        shall be used by the Department of State Police to
7        maintain and update the Illinois State Police Sex
8        Offender Registry.
9            (C) Thirty dollars of the initial registration fee
10        and $30 of the annual renewal fee shall be remitted to
11        the Attorney General who shall deposit the moneys into
12        the Attorney General Sex Offender Awareness, Training,
13        and Education Fund. Moneys deposited into the Fund
14        shall be used by the Attorney General to administer the
15        I-SORT program and to alert and educate the public,
16        victims, and witnesses of their rights under various
17        victim notification laws and for training law
18        enforcement agencies, State's Attorneys, and medical
19        providers of their legal duties concerning the
20        prosecution and investigation of sex offenses.
21        The registering agency shall establish procedures to
22    document the receipt and remittance of the $100 initial
23    registration fee and $100 annual renewal fee.
24    (d) Within 3 days after obtaining or changing employment
25and, if employed on January 1, 2000, within 5 days after that
26date, a person required to register under this Section must

 

 

SB3383- 28 -LRB098 19897 RLC 55116 b

1report, in person to the law enforcement agency having
2jurisdiction, the business name and address where he or she is
3employed. If the person has multiple businesses or work
4locations, every business and work location must be reported to
5the law enforcement agency having jurisdiction.
6(Source: P.A. 97-155, eff 1-1-12; 97-333, eff. 8-12-11; 97-578,
7eff. 1-1-12; 97-1098, eff. 1-1-13; 97-1109, eff. 1-1-13;
897-1150, eff. 1-25-13; 98-558, eff. 1-1-14; 98-612, eff.
912-27-13.)
 
10    (730 ILCS 150/6)
11    Sec. 6. Duty to report; change of address, school, or
12employment; duty to inform. A person who has been adjudicated
13to be a sexually dangerous person or is a sexually violent
14person and is later released, or found to be no longer sexually
15dangerous or no longer a sexually violent person and
16discharged, or convicted of a violation of this Act or any
17federal failure to register offense or any other jurisdiction's
18registration Act after July 1, 2005, or is a sexual predator
19shall report in person to the law enforcement agency with whom
20he or she last registered no later than 90 days after the date
21of his or her last registration and every 90 days thereafter
22and at such other times at the request of the law enforcement
23agency not to exceed 4 times a year. Such sexually dangerous or
24sexually violent person must report all new or changed e-mail
25addresses, all new or changed instant messaging identities, all

 

 

SB3383- 29 -LRB098 19897 RLC 55116 b

1new or changed chat room identities, and all other new or
2changed Internet communications identities that the sexually
3dangerous or sexually violent person uses or plans to use, all
4new or changed Uniform Resource Locators (URLs) registered or
5used by the sexually dangerous or sexually violent person, and
6all new or changed blogs and other Internet sites maintained by
7the sexually dangerous or sexually violent person or to which
8the sexually dangerous or sexually violent person has uploaded
9any content or posted any messages or information. Any person
10who lacks a fixed residence must report weekly, in person, to
11the appropriate law enforcement agency where the sex offender
12is located. Any other person who is required to register under
13this Article who is convicted or adjudicated of a misdemeanor
14offense shall report in person to the appropriate law
15enforcement agency with whom he or she last registered within
16one year from the date of last registration and every year
17thereafter and at such other times at the request of the law
18enforcement agency not to exceed 4 times a year. Any other
19person who is required to register under this Article shall be
20required to register for a period of 25 years after conviction
21or adjudication if not confined to a penal institution,
22hospital, or any other institution or facility, and if
23confined, for a period of 25 years after parole, discharge or
24release from any of those facilities. Any person required to
25register for a period of 25 years shall report in person to the
26law enforcement agency with whom he or she last registered no

 

 

SB3383- 30 -LRB098 19897 RLC 55116 b

1later than 6 months after the date of his or her last
2registration and every 6 months thereafter for the duration of
3his or her registration. If any person required to register
4under this Article lacks a fixed residence or temporary
5domicile, he or she must notify, in person, the agency of
6jurisdiction of his or her last known address within 3 days
7after ceasing to have a fixed residence and if the offender
8leaves the last jurisdiction of residence, he or she, must
9within 3 days after leaving register in person with the new
10agency of jurisdiction. If any other person required to
11register under this Article changes his or her residence
12address, place of employment, telephone number, cellular
13telephone number, or school, he or she shall report in person,
14to the law enforcement agency with whom he or she last
15registered, his or her new address, change in employment,
16telephone number, cellular telephone number, or school, all new
17or changed e-mail addresses, all new or changed instant
18messaging identities, all new or changed chat room identities,
19and all other new or changed Internet communications identities
20that the sex offender uses or plans to use, all new or changed
21Uniform Resource Locators (URLs) registered or used by the sex
22offender, and all new or changed blogs and other Internet sites
23maintained by the sex offender or to which the sex offender has
24uploaded any content or posted any messages or information, and
25register, in person, with the appropriate law enforcement
26agency within the time period specified in Section 3. If the

 

 

SB3383- 31 -LRB098 19897 RLC 55116 b

1sex offender is a child sex offender as defined in Section
211-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal
3Code of 2012, the sex offender shall within 3 days after
4beginning to reside in a household with a child under 18 years
5of age who is not his or her own child, provided that his or her
6own child is not the victim of the sex offense, report that
7information to the registering law enforcement agency. The law
8enforcement agency shall, within 3 days of the reporting in
9person by the person required to register under this Article,
10notify the Department of State Police of the new place of
11residence, change in employment, telephone number, cellular
12telephone number, or school.
13    If any person required to register under this Article
14intends to establish a residence or employment outside of the
15State of Illinois, at least 3 10 days before establishing that
16residence or employment, he or she shall report in person to
17the law enforcement agency with which he or she last registered
18of his or her out-of-state intended residence or employment.
19The law enforcement agency with which such person last
20registered shall, within 3 days after the reporting in person
21of the person required to register under this Article of an
22address or employment change, notify the Department of State
23Police. The Department of State Police shall forward such
24information to the out-of-state law enforcement agency having
25jurisdiction in the form and manner prescribed by the
26Department of State Police.

 

 

SB3383- 32 -LRB098 19897 RLC 55116 b

1(Source: P.A. 96-1094, eff. 1-1-11; 96-1104, eff. 1-1-11;
297-333, eff. 8-12-11; 97-1150, eff. 1-25-13.)
 
3    (730 ILCS 150/7)  (from Ch. 38, par. 227)
4    Sec. 7. Duration of registration. A person who has been
5adjudicated to be sexually dangerous and is later released or
6found to be no longer sexually dangerous and discharged, shall
7register for the period of his or her natural life. A sexually
8violent person or sexual predator shall register for the period
9of his or her natural life after conviction or adjudication if
10not confined to a penal institution, hospital, or other
11institution or facility, and if confined, for the period of his
12or her natural life after parole, discharge, or release from
13any such facility. A person who becomes subject to registration
14under paragraph (2.1) of subsection (c) of Section 3 of this
15Article who has previously been subject to registration under
16this Article shall register for the period currently required
17for the offense for which the person was previously registered
18if not confined to a penal institution, hospital, or other
19institution or facility, and if confined, for the same period
20after parole, discharge, or release from any such facility.
21Except as otherwise provided in this Section, a person who
22becomes subject to registration under this Article who has
23previously been subject to registration under this Article or
24under the Murderer and Violent Offender Against Youth
25Registration Act or similar registration requirements of other

 

 

SB3383- 33 -LRB098 19897 RLC 55116 b

1jurisdictions shall register for the period of his or her
2natural life if not confined to a penal institution, hospital,
3or other institution or facility, and if confined, for the
4period of his or her natural life after parole, discharge, or
5release from any such facility. Any other person who is
6required to register under this Article who is convicted or
7adjudicated of a misdemeanor sex offense shall be required to
8register for a period of 15 10 years after conviction or
9adjudication if not confined to a penal institution, hospital
10or any other institution or facility, and if confined, for a
11period of 15 10 years after parole, discharge or release from
12any such facility. Any other person who is required to register
13under this Article shall be required to register for a period
14of 25 years after conviction or adjudication if not confined to
15a penal institution, hospital, or any other institution or
16facility, and if confined, for a period of 25 years after
17parole, discharge or release from any of those facilities. Any
18person required to register for a period of 25 years shall
19report in person to the law enforcement agency with whom he or
20she last registered no later than 6 months after the date of
21his or her last registration and every 6 months thereafter for
22the duration of his or her registration. A sex offender who is
23allowed to leave a county, State, or federal facility for the
24purposes of work release, education, or overnight visitations
25shall be required to register within 3 days of beginning such a
26program. Liability for registration terminates at the

 

 

SB3383- 34 -LRB098 19897 RLC 55116 b

1expiration of 10 years from the date of conviction or
2adjudication if not confined to a penal institution, hospital
3or any other institution or facility and if confined, at the
4expiration of 10 years from the date of parole, discharge or
5release from any such facility, providing such person does not,
6during that period, again become liable to register under the
7provisions of this Article. Reconfinement due to a violation of
8parole or other circumstances that relates to the original
9conviction or adjudication shall extend the period of
10registration to 10 years after final parole, discharge, or
11release. Reconfinement due to a violation of parole, a
12conviction reviving registration, or other circumstances that
13do not relate to the original conviction or adjudication shall
14toll the running of the balance of the 10-year period of
15registration, which shall not commence running until after
16final parole, discharge, or release. The Director of State
17Police, consistent with administrative rules, shall extend for
1810 years the registration period of any sex offender, as
19defined in Section 2 of this Act, who fails to comply with the
20provisions of this Article. The registration period for any sex
21offender who is convicted of a violation of this Act, federal
22registration laws or any jurisdiction's registration laws
23shall register for the period of his or her natural life after
24conviction or adjudication for the violation if not confined to
25a penal institution, hospital, or other institution or
26facility, and if confined, for the period of his or her natural

 

 

SB3383- 35 -LRB098 19897 RLC 55116 b

1life after parole, discharge, or release from any of those
2facilities. fails to comply with any provision of the Act shall
3extend the period of registration by 10 years beginning from
4the first date of registration after the violation. If the
5registration period is extended, the Department of State Police
6shall send a registered letter to the law enforcement agency
7where the sex offender resides within 3 days after the
8extension of the registration period. The sex offender shall
9report to that law enforcement agency and sign for that letter.
10One copy of that letter shall be kept on file with the law
11enforcement agency of the jurisdiction where the sex offender
12resides and one copy shall be returned to the Department of
13State Police.
14(Source: P.A. 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; 97-813,
15eff. 7-13-12.)
 
16    (730 ILCS 150/7-5 new)
17    Sec. 7-5. Termination of duty to register.
18    (a) Any person required to register under Section 3 of this
19Act for a conviction of criminal sexual abuse under subsection
20(c) of Section 11-1.50 or aggravated criminal sexual abuse
21under subsection (d) of Section 11-1.60 of the Criminal Code of
221961 or the Criminal Code of 2012 may petition the court in the
23county of conviction for the termination of the term of
24registration no less than 10 years after his or her initial
25registration under Section 3 of this Act.

 

 

SB3383- 36 -LRB098 19897 RLC 55116 b

1    (b) The court may, upon a hearing on the petition for
2termination of registration, terminate registration if the
3court finds that the registrant poses no risk to the community
4by a preponderance of the evidence based upon the factors set
5forth in subsection (c).
6    (c) To determine whether a registrant poses a risk to the
7community as required by subsection (b), the court shall
8consider the following factors:
9        (1) a risk assessment performed by an evaluator
10    approved by the Sex Offender Management Board;
11        (2) the sex offender history of the registrant;
12        (3) evidence of the registrant's rehabilitation;
13        (4) the age of the registrant at the time of the
14    offense;
15        (5) information related to the registrant's mental,
16    physical, educational, and social history;
17        (6) victim impact statements; and
18        (7) any other factors deemed relevant by the court.
19    (d) At the hearing set forth in subsections (b) and (c), a
20registrant may be represented by counsel and may present a risk
21assessment conducted by an evaluator who is a licensed
22psychiatrist, psychologist, or other mental health
23professional, and who has demonstrated clinical experience in
24sex offender treatment.
25    (e) After a registrant completes the term of his or her
26registration, his or her name, address, and all other

 

 

SB3383- 37 -LRB098 19897 RLC 55116 b

1identifying information shall be removed from all State and
2local registries.
3    (f) This Section applies retroactively to cases in which
4sex offenders who registered or were required to register
5before the effective date of this amendatory Act of the 98th
6General Assembly. On or after the effective date of this
7amendatory Act of the 98th General Assembly, a person convicted
8before the effective date of this amendatory Act of the 98th
9General Assembly may request a hearing regarding status of
10registration by filing a Petition Requesting Registration
11Status with the clerk of the court in the county of conviction.
12Upon receipt of the Petition Requesting Registration Status,
13the clerk of the court shall provide notice to the parties and
14set the Petition for hearing under subsections (b) through (d)
15of this Section.
16    (g) This Section does not apply to the following
17registrants:
18        (1) Registrants convicted in another state or a tribe,
19    a territory, the District of Columbia, or a foreign
20    country;
21        (2) Registrants convicted of any misdemeanor or felony
22    offense other than criminal sexual abuse under subsection
23    (c) of Section 11-1.50 or aggravated criminal sexual abuse
24    under subsection (d) of Section 11-1.60 of the Criminal
25    Code of 1961 or the Criminal Code of 2012; and
26        (3) Registrants with a second or subsequent conviction

 

 

SB3383- 38 -LRB098 19897 RLC 55116 b

1    of criminal sexual abuse under subsection (c) of Section
2    11-1.50 or aggravated criminal sexual abuse under
3    subsection (d) of Section 11-1.60 of the Criminal Code of
4    1961 or the Criminal Code of 2012.
 
5    (730 ILCS 150/8)  (from Ch. 38, par. 228)
6    Sec. 8. Registration and DNA submission requirements.
7    (a) Registration. Registration as required by this Article
8shall consist of a statement in writing signed by the person
9giving the information that is required by the Department of
10State Police, which shall may include the fingerprints, palm
11prints (subject to appropriation of funding by the General
12Assembly) and must include a current photograph of the person,
13to be updated at each registration annually. If the sex
14offender is a child sex offender as defined in Section 11-9.3
15or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of
162012, he or she shall sign a statement that he or she
17understands that according to Illinois law as a child sex
18offender he or she may not reside within 500 feet of a school,
19park, or playground. The offender may also not reside within
20500 feet of a facility providing services directed exclusively
21toward persons under 18 years of age unless the sex offender
22meets specified exemptions. The registration information must
23include whether the person is a sex offender as defined in the
24Sex Offender Community Notification Law. Within 3 days, the
25registering law enforcement agency shall forward any required

 

 

SB3383- 39 -LRB098 19897 RLC 55116 b

1information to the Department of State Police. The registering
2law enforcement agency shall enter the information into the Law
3Enforcement Agencies Data System (LEADS) as provided in
4Sections 6 and 7 of the Intergovernmental Missing Child
5Recovery Act of 1984.
6    (b) DNA submission. Every person registering as a sex
7offender _pursuant to this Act, regardless of the date of
8conviction or the date of initial registration who is required
9to submit specimens of blood, saliva, or tissue for DNA
10analysis as required by subsection (a) of Section 5-4-3 of the
11Unified Code of Corrections shall submit the specimens as
12required by that Section. Registered sex offenders who have
13previously submitted a DNA specimen which has been uploaded to
14the Illinois DNA database shall not be required to submit an
15additional specimen pursuant to this Section.
16(Source: P.A. 97-383, eff. 1-1-12; 97-1150, eff. 1-25-13.)
 
17    (730 ILCS 150/10.1 new)
18    Sec. 10.1. Non-Compliant Sex Offenders.
19    (a) If the registering law enforcement agency determines a
20sex offender or juvenile sex offender to be non-compliant with
21the registration requirements under this Act, the agency shall:
22        (1) Update LEADS to reflect the sex offender or
23    juvenile sex offender's non-compliant status.
24        (2) Notify the Department of State Police within 3
25    calendar days of determining a sex offender or juvenile sex

 

 

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1    offender is non-compliant.
2        (3) Make reasonable efforts to locate the
3    non-compliant sex offender or juvenile sex offender.
4        (4) If unsuccessful in locating the non-compliant sex
5    offender or juvenile sex offender, attempt to secure an
6    arrest warrant based on his or her failure to comply with
7    requirements of this Act and enter the sex offender or
8    juvenile sex offender into the National Crime Information
9    Center Wanted Person File.
10    (b) The Department of State Police must, within 3 calendar
11days of receiving notice of a non-compliant sex offender or
12juvenile sex offender:
13        (1) Ensure that the sex offender or juvenile sex
14    offender's status in LEADS is updated to reflect his or her
15    non-compliant status.
16        (2) Provide notice to the United States Marshals
17    Service of the sex offender or juvenile sex offender's
18    non-compliance and any identifying information as may be
19    requested by the United States Marshals Service.
20        (3) Provide assistance to Illinois law enforcement
21    agencies to locate and apprehend non-compliant sex
22    offenders.
23        (4) Update the Public Adam Walsh Sex Offender Registry
24    regarding sex offenders or registry-mandated juvenile sex
25    offenders.
26        (5) Send updated information to the National Sex

 

 

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1    Offender Registry regarding sex offenders or
2    registry-mandated juvenile sex offenders.
3    (c) If the Department of State Police receives notice from
4another jurisdiction that a sex offender or juvenile sex
5offender intends to reside, be employed, or attend school in
6Illinois and that offender fails to register as required in
7this Act, the Department of State Police must inform the
8jurisdiction that provided the notification that the sex
9offender failed to appear for registration.
 
10    (730 ILCS 150/11)
11    Sec. 11. Sex offender registration fund. There is created
12the Sex Offender Registration Fund. Moneys in the Fund shall be
13used to cover costs incurred by the criminal justice system to
14administer this Article. The Department of State Police shall
15establish and promulgate rules and procedures regarding the
16administration of this Fund. The moneys deposited into this
17Fund shall be used by the Department of State Police to
18maintain and update the Illinois State Police Sex Offender
19Registry and Fifty percent of the moneys in the Fund shall be
20allocated by the Department for sheriffs' offices and police
21departments. The remaining moneys in the Fund shall be
22allocated to the Illinois State Police Sex Offender
23Registration Unit for education and administration of any
24Section of the Act.
25(Source: P.A. 93-979, eff. 8-20-04.)
 

 

 

SB3383- 42 -LRB098 19897 RLC 55116 b

1    Section 10. The Sex Offender Community Notification Law is
2amended by changing Section 116 as follows:
 
3    (730 ILCS 152/116)
4    Sec. 116. Missing Sex Offender Database.
5    (a) The Department of State Police shall establish and
6maintain a Statewide Missing Sex Offender Database for the
7purpose of identifying missing sex offenders and making that
8information available to the persons specified in Sections 120
9and 125 of this Law. The Database shall be created from the Law
10Enforcement Agencies Data System (LEADS) established under
11Section 6 of the Intergovernmental Missing Child Recovery Act
12of 1984. The Department of State Police shall examine its LEADS
13database for persons registered as sex offenders under the Sex
14Offender Registration Act and shall identify those who are sex
15offenders and who have not complied with the provisions of
16Section 6 of that Act or whose address can not be verified
17under Section 8-5 of that Act and shall add all the
18information, including photographs if available, on those
19missing sex offenders to the Statewide Sex Offender Database.
20    (b) The Department of State Police must make the
21information contained in the Statewide Missing Sex Offender
22Database accessible on the Internet by means of a hyperlink
23labeled "Missing Sex Offender Information" on the Department's
24World Wide Web home page and on the Attorney General's I-SORT

 

 

SB3383- 43 -LRB098 19897 RLC 55116 b

1page. The Department of State Police must update that
2information as it deems necessary. The Internet page shall also
3include information that rewards may be are available to
4persons who inform the Department of State Police or a local
5law enforcement agency of the whereabouts of a missing sex
6offender.
7    The Department of State Police may require that a person
8who seeks access to the missing sex offender information submit
9biographical information about himself or herself before
10permitting access to the missing sex offender information. The
11Department of State Police must promulgate rules in accordance
12with the Illinois Administrative Procedure Act to implement
13this subsection (b) and those rules must include procedures to
14ensure that the information in the database is accurate.
15    (c) The Department of State Police, Sex Offender
16Registration Unit, must develop and conduct training to educate
17all those entities involved in the Missing Sex Offender
18Registration Program.
19(Source: P.A. 95-817, eff. 8-14-08.)
 
20    Section 15. The Child Murderer and Violent Offender Against
21Youth Registration Act is amended by changing Section 5 as
22follows:
 
23    (730 ILCS 154/5)
24    Sec. 5. Definitions.

 

 

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1    (a) As used in this Act, "violent offender against youth"
2means any person who is:
3        (1) charged pursuant to Illinois law, or any
4    substantially similar federal, Uniform Code of Military
5    Justice, sister state, or foreign country law, with a
6    violent offense against youth set forth in subsection (b)
7    of this Section or the attempt to commit an included
8    violent offense against youth, and:
9            (A) is convicted of such offense or an attempt to
10        commit such offense; or
11            (B) is found not guilty by reason of insanity of
12        such offense or an attempt to commit such offense; or
13            (C) is found not guilty by reason of insanity
14        pursuant to subsection (c) of Section 104-25 of the
15        Code of Criminal Procedure of 1963 of such offense or
16        an attempt to commit such offense; or
17            (D) is the subject of a finding not resulting in an
18        acquittal at a hearing conducted pursuant to
19        subsection (a) of Section 104-25 of the Code of
20        Criminal Procedure of 1963 for the alleged commission
21        or attempted commission of such offense; or
22            (E) is found not guilty by reason of insanity
23        following a hearing conducted pursuant to a federal,
24        Uniform Code of Military Justice, sister state, or
25        foreign country law substantially similar to
26        subsection (c) of Section 104-25 of the Code of

 

 

SB3383- 45 -LRB098 19897 RLC 55116 b

1        Criminal Procedure of 1963 of such offense or of the
2        attempted commission of such offense; or
3            (F) is the subject of a finding not resulting in an
4        acquittal at a hearing conducted pursuant to a federal,
5        Uniform Code of Military Justice, sister state, or
6        foreign country law substantially similar to
7        subsection (c) of Section 104-25 of the Code of
8        Criminal Procedure of 1963 for the alleged violation or
9        attempted commission of such offense; or
10        (2) adjudicated a juvenile delinquent as the result of
11    committing or attempting to commit an act which, if
12    committed by an adult, would constitute any of the offenses
13    specified in subsection (b) or (c-5) of this Section or a
14    violation of any substantially similar federal, Uniform
15    Code of Military Justice, sister state, or foreign country
16    law, or found guilty under Article V of the Juvenile Court
17    Act of 1987 of committing or attempting to commit an act
18    which, if committed by an adult, would constitute any of
19    the offenses specified in subsection (b) or (c-5) of this
20    Section or a violation of any substantially similar
21    federal, Uniform Code of Military Justice, sister state, or
22    foreign country law.
23    Convictions that result from or are connected with the same
24act, or result from offenses committed at the same time, shall
25be counted for the purpose of this Act as one conviction. Any
26conviction set aside pursuant to law is not a conviction for

 

 

SB3383- 46 -LRB098 19897 RLC 55116 b

1purposes of this Act.
2     For purposes of this Section, "convicted" shall have the
3same meaning as "adjudicated". For the purposes of this Act, a
4person who is defined as a violent offender against youth as a
5result of being adjudicated a juvenile delinquent under
6paragraph (2) of this subsection (a) upon attaining 17 years of
7age shall be considered as having committed the violent offense
8against youth on or after the 17th birthday of the violent
9offender against youth. Registration of juveniles upon
10attaining 17 years of age shall not extend the original
11registration of 10 years from the date of conviction.
12    (b) As used in this Act, "violent offense against youth"
13means:
14        (1) (Blank). A violation of any of the following
15    Sections of the Criminal Code of 1961 or the Criminal Code
16    of 2012, when the victim is a person under 18 years of age
17    and the offense was committed on or after January 1, 1996:
18            10-1 (kidnapping),
19            10-2 (aggravated kidnapping),
20            10-3 (unlawful restraint),
21            10-3.1 (aggravated unlawful restraint).
22            An attempt to commit any of these offenses.
23        (2) First degree murder under Section 9-1 of the
24    Criminal Code of 1961 or the Criminal Code of 2012, when
25    the victim was a person under 18 years of age and the
26    defendant was at least 17 years of age at the time of the

 

 

SB3383- 47 -LRB098 19897 RLC 55116 b

1    commission of the offense.
2        (3) (Blank). Child abduction under paragraph (10) of
3    subsection (b) of Section 10-5 of the Criminal Code of 1961
4    or the Criminal Code of 2012 committed by luring or
5    attempting to lure a child under the age of 16 into a motor
6    vehicle, building, house trailer, or dwelling place
7    without the consent of the parent or lawful custodian of
8    the child for other than a lawful purpose and the offense
9    was committed on or after January 1, 1998.
10        (4) A violation or attempted violation of the following
11    Section of the Criminal Code of 1961 or the Criminal Code
12    of 2012 when the offense was committed on or after July 1,
13    1999:
14            10-4 (forcible detention, if the victim is under 18
15        years of age).
16        (4.1) Involuntary manslaughter under Section 9-3 of
17    the Criminal Code of 1961 or the Criminal Code of 2012
18    where baby shaking was the proximate cause of death of the
19    victim of the offense.
20        (4.2) Endangering the life or health of a child under
21    Section 12-21.6 or 12C-5 of the Criminal Code of 1961 or
22    the Criminal Code of 2012 that results in the death of the
23    child where baby shaking was the proximate cause of the
24    death of the child.
25        (4.3) Domestic battery resulting in bodily harm under
26    Section 12-3.2 of the Criminal Code of 1961 or the Criminal

 

 

SB3383- 48 -LRB098 19897 RLC 55116 b

1    Code of 2012 when the defendant was 18 years or older and
2    the victim was under 18 years of age and the offense was
3    committed on or after July 26, 2010.
4        (4.4) A violation or attempted violation of any of the
5    following Sections or clauses of the Criminal Code of 1961
6    or the Criminal Code of 2012 when the victim was under 18
7    years of age and the offense was committed on or after (1)
8    July 26, 2000 if the defendant was 18 years of age or older
9    or (2) July 26, 2010 and the defendant was under the age of
10    18:
11            12-3.3 (aggravated domestic battery),
12            12-3.05(a)(1), 12-3.05(d)(2), 12-3.05(f)(1),
13        12-4(a), 12-4(b)(1), or 12-4(b)(14) (aggravated
14        battery),
15            12-3.05(a)(2) or 12-4.1 (heinous battery),
16            12-3.05(b) or 12-4.3 (aggravated battery of a
17        child),
18            12-3.1(a-5) or 12-4.4 (aggravated battery of an
19        unborn child),
20            12-33 (ritualized abuse of a child).
21        (4.5) A violation or attempted violation of any of the
22    following Sections of the Criminal Code of 1961 or the
23    Criminal Code of 2012 when the victim was under 18 years of
24    age and the offense was committed on or after (1) August 1,
25    2001 if the defendant was 18 years of age or older or (2)
26    August 1, 2011 and the defendant was under the age of 18:

 

 

SB3383- 49 -LRB098 19897 RLC 55116 b

1            12-3.05(e)(1), (2), (3), or (4) or 12-4.2
2        (aggravated battery with a firearm),
3            12-3.05(e)(5), (6), (7), or (8) or 12-4.2-5
4        (aggravated battery with a machine gun),
5            12-11 or 19-6 (home invasion).
6        (5) A violation of any former law of this State
7    substantially equivalent to any offense listed in this
8    subsection (b).
9    (b-5) For the purposes of this Section, "first degree
10murder of an adult" means first degree murder under Section 9-1
11of the Criminal Code of 1961 or the Criminal Code of 2012 when
12the victim was a person 18 years of age or older at the time of
13the commission of the offense.
14    (c) A conviction for an offense of federal law, Uniform
15Code of Military Justice, or the law of another state or a
16foreign country that is substantially equivalent to any offense
17listed in subsections (b) and (c-5) of this Section shall
18constitute a conviction for the purpose of this Act.
19    (c-5) A person at least 17 years of age at the time of the
20commission of the offense who is convicted of first degree
21murder under Section 9-1 of the Criminal Code of 1961 or the
22Criminal Code of 2012, against a person under 18 years of age,
23shall be required to register for natural life. A conviction
24for an offense of federal, Uniform Code of Military Justice,
25sister state, or foreign country law that is substantially
26equivalent to any offense listed in this subsection (c-5) shall

 

 

SB3383- 50 -LRB098 19897 RLC 55116 b

1constitute a conviction for the purpose of this Act. This
2subsection (c-5) applies to a person who committed the offense
3before June 1, 1996 only if the person is incarcerated in an
4Illinois Department of Corrections facility on August 20, 2004.
5    (c-6) A person who is convicted or adjudicated delinquent
6of first degree murder of an adult shall be required to
7register for a period of 10 years after conviction or
8adjudication if not confined to a penal institution, hospital,
9or any other institution or facility, and if confined, for a
10period of 10 years after parole, discharge, or release from any
11such facility. A conviction for an offense of federal, Uniform
12Code of Military Justice, sister state, or foreign country law
13that is substantially equivalent to any offense listed in
14subsection (c-6) of this Section shall constitute a conviction
15for the purpose of this Act. This subsection (c-6) does not
16apply to those individuals released from incarceration more
17than 10 years prior to January 1, 2012 (the effective date of
18Public Act 97-154).
19    (c-7) The registration of a person who was registered under
20this Act before the effective date of this amendatory Act of
21the 98th General Assembly for the commission of the offense of
22kidnapping, aggravated kidnaping, unlawful restraint, or
23aggravated unlawful restraint when the victim was a person
24under 18 years of age or for child abduction committed by
25luring or attempting to lure a child under the age of 16 into a
26motor vehicle, building, house trailer, or dwelling place

 

 

SB3383- 51 -LRB098 19897 RLC 55116 b

1without the consent of the parent or lawful custodian of the
2child for other than a lawful purpose, shall be transferred to
3the Sex Offender Registry created under the Sex Offender
4Registration Act on the effective date of this amendatory Act
5of the 98th General Assembly. On and after the effective date
6of this amendatory Act of the 98th General Assembly,
7registration of a person who commits any of the offenses
8described in this subsection (c-7) shall be under the Sex
9Offender Registration Act and not this Act.
10    (d) As used in this Act, "law enforcement agency having
11jurisdiction" means the Chief of Police in each of the
12municipalities in which the violent offender against youth
13expects to reside, work, or attend school (1) upon his or her
14discharge, parole or release or (2) during the service of his
15or her sentence of probation or conditional discharge, or the
16Sheriff of the county, in the event no Police Chief exists or
17if the offender intends to reside, work, or attend school in an
18unincorporated area. "Law enforcement agency having
19jurisdiction" includes the location where out-of-state
20students attend school and where out-of-state employees are
21employed or are otherwise required to register.
22    (e) As used in this Act, "supervising officer" means the
23assigned Illinois Department of Corrections parole agent or
24county probation officer.
25    (f) As used in this Act, "out-of-state student" means any
26violent offender against youth who is enrolled in Illinois, on

 

 

SB3383- 52 -LRB098 19897 RLC 55116 b

1a full-time or part-time basis, in any public or private
2educational institution, including, but not limited to, any
3secondary school, trade or professional institution, or
4institution of higher learning.
5    (g) As used in this Act, "out-of-state employee" means any
6violent offender against youth who works in Illinois,
7regardless of whether the individual receives payment for
8services performed, for a period of time of 10 or more days or
9for an aggregate period of time of 30 or more days during any
10calendar year. Persons who operate motor vehicles in the State
11accrue one day of employment time for any portion of a day
12spent in Illinois.
13    (h) As used in this Act, "school" means any public or
14private educational institution, including, but not limited
15to, any elementary or secondary school, trade or professional
16institution, or institution of higher education.
17    (i) As used in this Act, "fixed residence" means any and
18all places that a violent offender against youth resides for an
19aggregate period of time of 5 or more days in a calendar year.
20    (j) As used in this Act, "baby shaking" means the vigorous
21shaking of an infant or a young child that may result in
22bleeding inside the head and cause one or more of the following
23conditions: irreversible brain damage; blindness, retinal
24hemorrhage, or eye damage; cerebral palsy; hearing loss; spinal
25cord injury, including paralysis; seizures; learning
26disability; central nervous system injury; closed head injury;

 

 

SB3383- 53 -LRB098 19897 RLC 55116 b

1rib fracture; subdural hematoma; or death.
2(Source: P.A. 96-1115, eff. 1-1-11; 96-1294, eff. 7-26-10;
397-154, eff. 1-1-12; 97-333, eff. 8-12-11; 97-432, eff.
48-16-11; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13; 97-1150,
5eff. 1-25-13.)

 

 

SB3383- 54 -LRB098 19897 RLC 55116 b

1 INDEX
2 Statutes amended in order of appearance
3    730 ILCS 150/2from Ch. 38, par. 222
4    730 ILCS 150/3
5    730 ILCS 150/6
6    730 ILCS 150/7from Ch. 38, par. 227
7    730 ILCS 150/7-5 new
8    730 ILCS 150/8from Ch. 38, par. 228
9    730 ILCS 150/10.1 new
10    730 ILCS 150/11
11    730 ILCS 152/116
12    730 ILCS 154/5