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Full Text of SB1040  97th General Assembly

SB1040eng 97TH GENERAL ASSEMBLY



 


 
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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 Section
610.1 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            (g) receives a disposition of court supervision,
24        deferred sentence, deferred adjudication, or a similar
25        disposition for the offense, an attempt to commit the
26        offense, conspiracy to commit the offense, and

 

 

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1        solicitation to commit the offense; or
2        (2) certified as a sexually dangerous person pursuant
3    to the Illinois Sexually Dangerous Persons Act, or any
4    substantially similar federal, Uniform Code of Military
5    Justice, sister state, or foreign country law; or
6        (3) subject to the provisions of Section 2 of the
7    Interstate Agreements on Sexually Dangerous Persons Act;
8    or
9        (4) found to be a sexually violent person pursuant to
10    the Sexually Violent Persons Commitment Act or any
11    substantially similar federal, Uniform Code of Military
12    Justice, sister state, or foreign country law; or
13        (5) adjudicated a juvenile delinquent as the result of
14    committing or attempting to commit an act which, if
15    committed by an adult, would constitute any of the offenses
16    specified in item (B), (C), or (C-5) of this Section or a
17    violation of any substantially similar federal, Uniform
18    Code of Military Justice, sister state, or foreign country
19    law, or found guilty under Article V of the Juvenile Court
20    Act of 1987 of committing or attempting to commit an act
21    which, if committed by an adult, would constitute any of
22    the offenses specified in item (B), (C), or (C-5) of this
23    Section or a violation of any substantially similar
24    federal, Uniform Code of Military Justice, sister state, or
25    foreign country law.
26    Convictions that result from or are connected with the same

 

 

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1act, or result from offenses committed at the same time, shall
2be counted for the purpose of this Article as one conviction.
3Any conviction set aside pursuant to law is not a conviction
4for purposes of this Article.
5     For purposes of this Section, "convicted" shall have the
6same meaning as "adjudicated".
7    (B) As used in this Article, "sex offense" means:
8        (1) A violation, attempted violation of, conspiracy to
9    commit, or solicitation to commit a violation of any of the
10    following Sections of the Criminal Code of 1961:
11            10-5.1 (luring a minor) for a second or subsequent
12        conviction,
13            11-20.1 (child pornography),
14            11-20.3 (aggravated child pornography),
15            11-6 (indecent solicitation of a child),
16            11-9.1 (sexual exploitation of a child),
17            11-9.2 (custodial sexual misconduct),
18            11-9.5 (sexual misconduct with a person with a
19        disability),
20            11-15.1 (soliciting for a juvenile prostitute),
21            11-18.1 (patronizing a juvenile prostitute),
22            11-17.1 (keeping a place of juvenile
23        prostitution),
24            11-19.1 (juvenile pimping),
25            11-19.2 (exploitation of a child),
26            11-25 (grooming),

 

 

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1            11-26 (traveling to meet a minor),
2            12-13 (criminal sexual assault),
3            12-14 (aggravated criminal sexual assault),
4            12-14.1 (predatory criminal sexual assault of a
5        child),
6            12-15 (criminal sexual abuse),
7            12-16 (aggravated criminal sexual abuse),
8            12-33 (ritualized abuse of a child), .
9            26-4 (unauthorized video recording and live video
10        transmission), if the victim is under the age of 18.
11            An attempt to commit any of these offenses.
12        (1.5) A violation of any of the following Sections of
13    the Criminal Code of 1961, when the victim is a person
14    under 18 years of age, the defendant is not a parent of the
15    victim, the offense was sexually motivated as defined in
16    Section 10 of the Sex Offender Management Board Act, and
17    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        (1.6) First degree murder under Section 9-1 of the
23    Criminal Code of 1961, when the victim was a person under
24    18 years of age and the defendant was at least 17 years of
25    age at the time of the commission of the offense, provided
26    the offense was sexually motivated as defined in Section 10

 

 

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1    of the Sex Offender Management Board Act.
2        (1.7) (Blank).
3        (1.8) A violation or attempted violation of Section
4    11-11 (sexual relations within families) of the Criminal
5    Code of 1961, and the offense was committed on or after
6    June 1, 1997.
7        (1.9) Child abduction under paragraph (10) of
8    subsection (b) of Section 10-5 of the Criminal Code of 1961
9    committed by luring or attempting to lure a child under the
10    age of 16 into a motor vehicle, building, house trailer, or
11    dwelling place without the consent of the parent or lawful
12    custodian of the child for other than a lawful purpose and
13    the offense was committed on or after January 1, 1998,
14    provided the offense was sexually motivated as defined in
15    Section 10 of the Sex Offender Management Board Act.
16        (1.10) A violation or attempted violation of any of the
17    following Sections of the Criminal Code of 1961 when the
18    offense was committed on or after July 1, 1999:
19            10-4 (forcible detention, if the victim is under 18
20        years of age), provided the offense was sexually
21        motivated as defined in Section 10 of the Sex Offender
22        Management Board Act,
23            11-6.5 (indecent solicitation of an adult),
24            11-15 (soliciting for a prostitute, if the victim
25        is under 18 years of age),
26            11-16 (pandering, if the victim is under 18 years

 

 

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1        of age),
2            11-18 (patronizing a prostitute, if the victim is
3        under 18 years of age),
4            11-19 (pimping, if the victim is under 18 years of
5        age).
6        (1.11) A violation or attempted violation of any of the
7    following Sections of the Criminal Code of 1961 when the
8    offense was committed on or after August 22, 2002:
9            11-9 (public indecency for a third or subsequent
10        conviction).
11        (1.12) A violation or attempted violation of Section
12    5.1 of the Wrongs to Children Act (permitting sexual abuse)
13    when the offense was committed on or after August 22, 2002.
14        (2) A violation of any former law of this State
15    substantially equivalent to any offense listed in
16    subsection (B) of this Section.
17    (C) A conviction for an offense of federal law, Uniform
18Code of Military Justice, or the law of another state or a
19foreign country that is substantially equivalent to any offense
20listed in subsections (B), (C), (E), and (E-5) of this Section
21shall constitute a conviction for the purpose of this Article.
22A finding or adjudication as a sexually dangerous person or a
23sexually violent person under any federal law, Uniform Code of
24Military Justice, or the law of another state or foreign
25country that is substantially equivalent to the Sexually
26Dangerous Persons Act or the Sexually Violent Persons

 

 

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1Commitment Act shall constitute an adjudication for the
2purposes of this Article.
3    (C-1) A violation, attempted violation of, conspiracy to
4commit, or solicitation to commit a violation of any of the
5following Sections of Title 18 of the U.S. Code:
6        (A) 1591 (sex trafficking of children),
7        (B) 1801 (video voyeurism of a minor),
8        (C) 2241 (aggravated sexual abuse),
9        (D) 2242 (sexual abuse),
10        (E) 2243 (sexual abuse of a minor or ward),
11        (F) 2244 (abusive sexual contact),
12        (G) 2245 (offenses resulting in death),
13        (H) 2251 (sexual exploitation of children),
14        (I) 2251A (selling or buying of children),
15        (J) 2252 (material involving the sexual exploitation
16    of minors),
17        (K) 2252A (material containing child pornography),
18        (L) 2252B (misleading domain names on the Internet),
19        (M) 2252C (misleading words or digital images on the
20    Internet),
21        (N) 2260 (production of sexually explicit depictions
22    of a minor for import into the United States),
23        (O) 2421 (transportation of a minor for illegal sexual
24    activity),
25        (P) 2422 (coercion and enticement of a minor for
26    illegal sexual activity),

 

 

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1        (Q) 2423 (transportation of minors for illegal sexual
2    activity, travel with the intent to engage in illicit
3    sexual conduct with a minor, engaging in illicit sexual
4    conduct in foreign places),
5        (R) 2424 (failure to file a factual statement about an
6    alien individual),
7        (S) 2425 (transmitting information about a minor to
8    further criminal sexual conduct),
9        (T) A violation of any former federal law substantially
10    equivalent to any offense in this subsection (C-1).
11    (C-5) A person at least 17 years of age at the time of the
12commission of the offense who is convicted of first degree
13murder under Section 9-1 of the Criminal Code of 1961, against
14a person under 18 years of age, shall be required to register
15for natural life. A conviction for an offense of federal,
16Uniform Code of Military Justice, sister state, or foreign
17country law that is substantially equivalent to any offense
18listed in subsection (C-5) of this Section shall constitute a
19conviction for the purpose of this Article. This subsection
20(C-5) applies to a person who committed the offense before June
211, 1996 only if the person is incarcerated in an Illinois
22Department of Corrections facility on August 20, 2004 (the
23effective date of Public Act 93-977).
24    (D) As used in this Article, "law enforcement agency having
25jurisdiction" means the Chief of Police in each of the
26municipalities in which the sex offender expects to reside,

 

 

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1work, or attend school (1) upon his or her discharge, parole or
2release or (2) during the service of his or her sentence of
3probation or conditional discharge, or the Sheriff of the
4county, in the event no Police Chief exists or if the offender
5intends to reside, work, or attend school in an unincorporated
6area. "Law enforcement agency having jurisdiction" includes
7the location where out-of-state students attend school and
8where out-of-state employees are employed or are otherwise
9required to register.
10    (D-1) As used in this Article, "supervising officer" means
11the assigned Illinois Department of Corrections parole agent or
12county probation officer.
13    (E) As used in this Article, "sexual predator" means any
14person who, after July 1, 1999, is:
15        (1) Convicted for an offense, conspiracy to commit the
16    offense, or solicitation to commit the offense of federal,
17    Uniform Code of Military Justice, sister state, or foreign
18    country law that is substantially equivalent to any offense
19    listed in subsection (E) or (E-5) of this Section shall
20    constitute a conviction for the purpose of this Article.
21    Convicted of a violation or attempted violation of any of
22    the following Sections of the Criminal Code of 1961, if the
23    conviction occurred after July 1, 1999:
24            11-17.1 (keeping a place of juvenile
25        prostitution),
26            11-19.1 (juvenile pimping),

 

 

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1            11-19.2 (exploitation of a child),
2            11-20.1 (child pornography),
3            11-20.3 (aggravated child pornography),
4            12-13 (criminal sexual assault),
5            12-14 (aggravated criminal sexual assault),
6            12-14.1 (predatory criminal sexual assault of a
7        child),
8            12-16 (aggravated criminal sexual abuse),
9            12-33 (ritualized abuse of a child);
10        (2) (blank);
11        (3) certified as a sexually dangerous person pursuant
12    to the Sexually Dangerous Persons Act or any substantially
13    similar federal, Uniform Code of Military Justice, sister
14    state, or foreign country law;
15        (4) found to be a sexually violent person pursuant to
16    the Sexually Violent Persons Commitment Act or any
17    substantially similar federal, Uniform Code of Military
18    Justice, sister state, or foreign country law;
19        (5) convicted of a second or subsequent offense which
20    requires registration pursuant to this Act. The conviction
21    for the second or subsequent offense must have occurred
22    after July 1, 1999. For purposes of this paragraph (5),
23    "convicted" shall include a conviction under any
24    substantially similar Illinois, federal, Uniform Code of
25    Military Justice, sister state, or foreign country law; or
26        (6) convicted of a second or subsequent offense of

 

 

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1    luring a minor under Section 10-5.1 of the Criminal Code of
2    1961; or .
3        (7) a violation of any of the following Sections of
4    Title 18 of the U.S. Code:
5            2241 (aggravated sexual abuse),
6            2242 (sexual abuse),
7            2244 (abusive sexual contact).
8    (E-5) As used in this Article, "sexual predator" also means
9a person convicted of a violation, or attempted violation,
10conspiracy to commit the offense, or solicitation to commit the
11offense of any of the following Sections of the Criminal Code
12of 1961:
13        (1) Section 9-1 (first degree murder, when the victim
14    was a person under 18 years of age and the defendant was at
15    least 17 years of age at the time of the commission of the
16    offense, provided the offense was sexually motivated as
17    defined in Section 10 of the Sex Offender Management Board
18    Act);
19        (2) Section 11-9.5 (sexual misconduct with a person
20    with a disability);
21        (3) when the victim is a person under 18 years of age,
22    the defendant is not a parent of the victim, the offense
23    was sexually motivated as defined in Section 10 of the Sex
24    Offender Management Board Act, and the offense was
25    committed on or after January 1, 1996: (A) Section 10-1
26    (kidnapping), (B) Section 10-2 (aggravated kidnapping),

 

 

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1    (C) Section 10-3 (unlawful restraint), and (D) Section
2    10-3.1 (aggravated unlawful restraint); and
3        (4) Section 10-5(b)(10) (child abduction committed by
4    luring or attempting to lure a child under the age of 16
5    into a motor vehicle, building, house trailer, or dwelling
6    place without the consent of the parent or lawful custodian
7    of the child for other than a lawful purpose and the
8    offense was committed on or after January 1, 1998, provided
9    the offense was sexually motivated as defined in Section 10
10    of the Sex Offender Management Board Act).
11    (F) As used in this Article, "out-of-state student" means
12any sex offender, as defined in this Section, or sexual
13predator who is enrolled in Illinois, on a full-time or
14part-time basis, in any public or private educational
15institution, including, but not limited to, any secondary
16school, trade or professional institution, or institution of
17higher learning.
18    (G) As used in this Article, "out-of-state employee" means
19any sex offender, as defined in this Section, or sexual
20predator who works in Illinois, regardless of whether the
21individual receives payment for services performed, for a
22period of time of 10 or more days or for an aggregate period of
23time of 30 or more days during any calendar year. Persons who
24operate motor vehicles in the State accrue one day of
25employment time for any portion of a day spent in Illinois.
26    (H) As used in this Article, "school" means any public or

 

 

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1private educational institution, including, but not limited
2to, any elementary or secondary school, trade or professional
3institution, or institution of higher education.
4    (I) As used in this Article, "fixed residence" means any
5and all places that a sex offender resides for an aggregate
6period of time of 5 or more days in a calendar year.
7    (J) As used in this Article, "Internet protocol address"
8means the string of numbers by which a location on the Internet
9is identified by routers or other computers connected to the
10Internet.
11    (K) As used in this Article, "temporary domicile" means any
12and all places where the sex offender resides for an aggregate
13period of time of 3 or more days during any calendar year.
14    (J) As used in this Article, "conviction" means any
15conviction of any such offense, an attempt to commit such
16offense, conspiracy to commit the offense, solicitation to
17commit the offense, or adjudication.
18(Source: P.A. 95-331, eff. 8-21-07; 95-579, eff. 6-1-08;
1995-625, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff.
208-21-08; 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11.)
 
21    (730 ILCS 150/3)
22    Sec. 3. Duty to register.
23    (a) A sex offender, as defined in Section 2 of this Act, or
24sexual predator shall, within the time period prescribed in
25subsections (b) and (c), register in person and provide

 

 

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1accurate information as required by the Department of State
2Police. Such information shall include a current photograph,
3current address, temporary domicile information (including
4address of temporary domicile and dates of temporary domicile),
5current place of employment, the sex offender's or sexual
6predator's telephone number, including cellular telephone
7number, the employer's telephone number, day labor employment
8information, school attended, telephone numbers (including
9land line telephone number, cellular telephone numbers, and
10voice over Internet Protocol numbers), all e-mail addresses,
11instant messaging identities, chat room identities, and other
12Internet communications identities that the sex offender uses
13or plans to use, all Uniform Resource Locators (URLs)
14registered or used by the sex offender, all blogs and other
15Internet sites maintained by the sex offender or to which the
16sex offender has uploaded any content or posted any messages or
17information, extensions of the time period for registering as
18provided in this Article and, if an extension was granted, the
19reason why the extension was granted and the date the sex
20offender was notified of the extension. The information shall
21also include a copy of the terms and conditions of parole or
22release signed by the sex offender and given to the sex
23offender by his or her supervising officer, the county of
24conviction, license plate numbers and registration number for
25every land, aircraft or watercraft vehicle owned or operated by
26registered in the name of the sex offender, the age of the sex

 

 

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1offender at the time of the commission of the offense, the age
2of the victim at the time of the commission of the offense, and
3any distinguishing marks located on the body of the sex
4offender. The information shall also include any nicknames,
5aliases, pseudonyms, ethnic or tribal names by which the
6offender is commonly known. A photocopy of a valid driver's
7license or identification card must also be provided at the
8time of registration. Passports, immigration documents, and
9any occupational licenses shall also be submitted. A sex
10offender convicted under Section 11-6, 11-20.1, 11-20.3, or
1111-21 of the Criminal Code of 1961 shall provide all Internet
12protocol (IP) addresses in his or her residence, registered in
13his or her name, accessible at his or her place of employment,
14or otherwise under his or her control or custody. If the sex
15offender is a child sex offender as defined in Section 11-9.3
16or 11-9.4 of the Criminal Code of 1961, the sex offender shall
17report to the registering agency whether he or she is living in
18a household with a child under 18 years of age who is not his or
19her own child, provided that his or her own child is not the
20victim of the sex offense. The sex offender or sexual predator
21shall register:
22        (1) with the chief of police in the municipality in
23    which he or she resides or is temporarily domiciled for a
24    period of time of 3 or more days, unless the municipality
25    is the City of Chicago, in which case he or she shall
26    register at the Chicago Police Department Headquarters; or

 

 

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

 

 

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1days shall notify the law enforcement agency having
2jurisdiction of his or her current registration, including the
3itinerary for travel, in the manner provided in Section 6 of
4this Act for notification to the law enforcement agency having
5jurisdiction of change of address.
6    Any person who lacks a fixed residence must report weekly,
7in person, with the sheriff's office of the county in which he
8or she is located in an unincorporated area, or with the chief
9of police in the municipality in which he or she is located.
10The agency of jurisdiction will document each weekly
11registration to include all the locations where the person has
12stayed during the past 7 days.
13    The sex offender or sexual predator shall provide accurate
14information as required by the Department of State Police. That
15information shall include the sex offender's or sexual
16predator's current place of employment.
17    (a-5) An out-of-state student or out-of-state employee
18shall, within 3 days after beginning school or employment in
19this State, register in person and provide accurate information
20as required by the Department of State Police. Such information
21will include current place of employment, school attended, and
22address in state of residence. A sex offender convicted under
23Section 11-6, 11-20.1, 11-20.3, or 11-21 of the Criminal Code
24of 1961 shall provide all Internet protocol (IP) addresses in
25his or her residence, registered in his or her name, accessible
26at his or her place of employment, or otherwise under his or

 

 

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1her control or custody. The out-of-state student or
2out-of-state employee shall register:
3        (1) with the chief of police in the municipality in
4    which he or she attends school or is employed for a period
5    of time of 5 or more days or for an aggregate period of
6    time of more than 30 days during any calendar year, unless
7    the municipality is the City of Chicago, in which case he
8    or she shall register at the Chicago Police Department
9    Headquarters; or
10        (2) with the sheriff in the county in which he or she
11    attends school or is employed for a period of time of 5 or
12    more days or for an aggregate period of time of more than
13    30 days during any calendar year in an unincorporated area
14    or, if incorporated, no police chief exists.
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, 11-20.3, or 11-21 of the
25Criminal Code of 1961, including periodic and annual
26registrations under Section 6 of this Act.

 

 

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1    (b) Any sex offender, as defined in Section 2 of this Act,
2or sexual predator, regardless of any initial, prior, or other
3registration, shall, within 3 days of beginning school, or
4establishing a residence, place of employment, or temporary
5domicile in any county, register in person as set forth in
6subsection (a) or (a-5).
7    (c) The registration for any person required to register
8under this Article shall be as follows:
9        (1) Any person registered under the Habitual Child Sex
10    Offender Registration Act or the Child Sex Offender
11    Registration Act prior to January 1, 1996, shall be deemed
12    initially registered as of January 1, 1996; however, this
13    shall not be construed to extend the duration of
14    registration set forth in Section 7.
15        (2) Except as provided in subsection (c)(4), any person
16    convicted or adjudicated prior to January 1, 1996, whose
17    liability for registration under Section 7 has not expired,
18    shall register in person prior to January 31, 1996.
19        (2.5) Except as provided in subsection (c)(4), any
20    person who has not been notified of his or her
21    responsibility to register shall be notified by a criminal
22    justice entity of his or her responsibility to register.
23    Upon notification the person must then register within 3
24    days of notification of his or her requirement to register.
25    If notification is not made within the offender's 10 year
26    registration requirement, and the Department of State

 

 

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1    Police determines no evidence exists or indicates the
2    offender attempted to avoid registration, the offender
3    will no longer be required to register under this Act.
4        (3) Except as provided in subsection (c)(4), any person
5    convicted on or after January 1, 1996, shall register in
6    person within 3 days after the entry of the sentencing
7    order based upon his or her conviction.
8        (4) Any person unable to comply with the registration
9    requirements of this Article because he or she is confined,
10    institutionalized, or imprisoned in Illinois on or after
11    January 1, 1996, shall register in person within 3 days of
12    discharge, parole or release.
13        (5) The person shall provide positive identification
14    and documentation that substantiates proof of residence at
15    the registering address.
16        (6) The person shall pay a $100 initial registration
17    fee and a $100 annual renewal fee. The fees shall be used
18    by the registering agency for official purposes. The agency
19    shall establish procedures to document receipt and use of
20    the funds. The law enforcement agency having jurisdiction
21    may waive the registration fee if it determines that the
22    person is indigent and unable to pay the registration fee.
23    Thirty dollars for the initial registration fee and $30 of
24    the annual renewal fee shall be used by the registering
25    agency for official purposes. Ten dollars of the initial
26    registration fee and $10 of the annual fee shall be

 

 

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1    deposited into the Sex Offender Management Board Fund under
2    Section 19 of the Sex Offender Management Board Act. Money
3    deposited into the Sex Offender Management Board Fund shall
4    be administered by the Sex Offender Management Board and
5    shall be used to fund practices endorsed or required by the
6    Sex Offender Management Board Act including but not limited
7    to sex offenders evaluation, treatment, or monitoring
8    programs that are or may be developed, as well as for
9    administrative costs, including staff, incurred by the
10    Board. Thirty dollars of the initial registration fee and
11    $30 of the annual renewal fee shall be deposited into the
12    Sex Offender Registration Fund and shall be used by the
13    Department of State Police to maintain and update the
14    Illinois State Police Sex Offender Registry. Thirty
15    dollars of the initial registration fee and $30 of the
16    annual renewal fee shall be deposited into the Attorney
17    General Sex Offender Awareness, Training, and Education
18    Fund. Moneys deposited into the Fund shall be used by the
19    Attorney General to administer the I-SORT program and to
20    alert and educate the public, victims, and witnesses of
21    their rights under various victim notification laws and for
22    training law enforcement agencies, State's Attorneys, and
23    medical providers of their legal duties concerning the
24    prosecution and investigation of sex offenses.
25    (d) Within 3 days after obtaining or changing employment
26and, if employed on January 1, 2000, within 5 days after that

 

 

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1date, a person required to register under this Section must
2report, in person to the law enforcement agency having
3jurisdiction, the business name and address where he or she is
4employed. If the person has multiple businesses or work
5locations, every business and work location must be reported to
6the law enforcement agency having jurisdiction.
7(Source: P.A. 95-229, eff. 8-16-07; 95-579, eff. 6-1-08;
895-640, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff.
98-21-08; 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; 96-1097,
10eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. 1-1-11;
11revised 9-2-10.)
 
12    (730 ILCS 150/6)
13    Sec. 6. Duty to report; change of address, school, or
14employment; duty to inform. A person who has been adjudicated
15to be a sexually dangerous person or is a sexually violent
16person and is later released, or found to be no longer sexually
17dangerous or no longer a sexually violent person and
18discharged, or convicted of a violation of this Act or any
19federal failure to register offense or any other jurisdiction's
20registration Act after July 1, 2005 or is a sexual predator,
21shall report in person to the law enforcement agency with whom
22he or she last registered no later than 90 days after the date
23of his or her last registration and every 90 days thereafter
24and at such other times at the request of the law enforcement
25agency not to exceed 4 times a year. Such sexually dangerous or

 

 

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1sexually violent person must report all new or changed e-mail
2addresses, all new or changed instant messaging identities, all
3new or changed chat room identities, and all other new or
4changed Internet communications identities that the sexually
5dangerous or sexually violent person uses or plans to use, all
6new or changed Uniform Resource Locators (URLs) registered or
7used by the sexually dangerous or sexually violent person, and
8all new or changed blogs and other Internet sites maintained by
9the sexually dangerous or sexually violent person or to which
10the sexually dangerous or sexually violent person has uploaded
11any content or posted any messages or information. Any person
12who lacks a fixed residence must report weekly, in person, to
13the appropriate law enforcement agency where the sex offender
14is located. Any other person who is required to register under
15this Article shall report in person to the appropriate law
16enforcement agency with whom he or she last registered within
17one year from the date of last registration and every year
18thereafter and at such other times at the request of the law
19enforcement agency not to exceed 4 times a year. If any person
20required to register under this Article lacks a fixed residence
21or temporary domicile, he or she must notify, in person, the
22agency of jurisdiction of his or her last known address within
233 days after ceasing to have a fixed residence and if the
24offender leaves the last jurisdiction of residence, he or she,
25must within 3 days after leaving register in person with the
26new agency of jurisdiction. If any other person required to

 

 

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1register under this Article changes his or her residence
2address, telephone numbers, place of employment, telephone
3number, cellular telephone number, or school, he or she shall
4report in person, to the law enforcement agency with whom he or
5she last registered, his or her new address, change in
6employment, telephone number, cellular telephone number, or
7school, all new or changed e-mail addresses, all new or changed
8instant messaging identities, all new or changed chat room
9identities, and all other new or changed Internet
10communications identities that the sex offender uses or plans
11to use, all new or changed Uniform Resource Locators (URLs)
12registered or used by the sex offender, and all new or changed
13blogs and other Internet sites maintained by the sex offender
14or to which the sex offender has uploaded any content or posted
15any messages or information, and register, in person, with the
16appropriate law enforcement agency within the time period
17specified in Section 3. If the sex offender is a child sex
18offender as defined in Section 11-9.3 or 11-9.4 of the Criminal
19Code of 1961, the sex offender shall within 3 days after
20beginning to reside in a household with a child under 18 years
21of age who is not his or her own child, provided that his or her
22own child is not the victim of the sex offense, report that
23information to the registering law enforcement agency. The law
24enforcement agency shall, within 3 days of the reporting in
25person by the person required to register under this Article,
26notify the Department of State Police of the new place of

 

 

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1residence, change in employment, telephone number, cellular
2telephone number, or school.
3    If any person required to register under this Article
4intends to establish a residence or employment outside of the
5State of Illinois, at least 3 10 days before establishing that
6residence or employment, he or she shall report in person to
7the law enforcement agency with which he or she last registered
8of his or her out-of-state intended residence or employment.
9The law enforcement agency with which such person last
10registered shall, within 3 days after the reporting in person
11of the person required to register under this Article of an
12address or employment change, notify the Department of State
13Police. The Department of State Police shall forward such
14information to the out-of-state law enforcement agency having
15jurisdiction in the form and manner prescribed by the
16Department of State Police.
17(Source: P.A. 95-229, eff. 8-16-07; 95-331, eff. 8-21-07;
1895-640, eff. 6-1-08; 95-876, eff. 8-21-08; 96-1094, eff.
191-1-11; 96-1104, eff. 1-1-11; revised 9-2-10.)
 
20    (730 ILCS 150/7)  (from Ch. 38, par. 227)
21    Sec. 7. Duration of registration. A person who has been
22adjudicated to be sexually dangerous and is later released or
23found to be no longer sexually dangerous and discharged, shall
24register for the period of his or her natural life. A sexually
25violent person or sexual predator shall register for the period

 

 

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1of his or her natural life after conviction or adjudication if
2not confined to a penal institution, hospital, or other
3institution or facility, and if confined, for the period of his
4or her natural life after parole, discharge, or release from
5any such facility. A person who becomes subject to registration
6under this Article who has previously been subject to
7registration under this Article or under the Child Murderer and
8Violent Offender Against Youth Registration Act or similar
9registration requirements of other jurisdictions shall
10register for the period of his or her natural life if not
11confined to a penal institution, hospital, or other institution
12or facility, and if confined, for the period of his or her
13natural life after parole, discharge, or release from any such
14facility. Any other person who is required to register under
15this Article who is convicted or adjudicated of a misdemeanor
16sex offense shall be required to register for a period of 15 10
17years after conviction or adjudication if not confined to a
18penal institution, hospital or any other institution or
19facility, and if confined, for a period of 15 10 years after
20parole, discharge or release from any such facility. Any other
21person who is required to register under this Article shall be
22required to register for a period of 25 years after conviction
23or adjudication if not confined to a penal institution,
24hospital or any other institution or facility, and if confined,
25for a period of 25 years after parole, discharge or release
26from any such facility. A sex offender who is allowed to leave

 

 

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1a county, State, or federal facility for the purposes of work
2release, education, or overnight visitations shall be required
3to register within 3 days of beginning such a program.
4Liability for registration terminates at the expiration of 10
5years from the date of conviction or adjudication if not
6confined to a penal institution, hospital or any other
7institution or facility and if confined, at the expiration of
810 years from the date of parole, discharge or release from any
9such facility, providing such person does not, during that
10period, again become liable to register under the provisions of
11this Article. Reconfinement due to a violation of parole or
12other circumstances that relates to the original conviction or
13adjudication shall extend the period of registration to 10
14years after final parole, discharge, or release. Reconfinement
15due to a violation of parole or other circumstances that do not
16relate to the original conviction or adjudication shall toll
17the running of the balance of the 10-year period of
18registration, which shall not commence running until after
19final parole, discharge, or release. The Director of State
20Police, consistent with administrative rules, shall extend for
2110 years the registration period of any sex offender, as
22defined in Section 2 of this Act, who fails to comply with the
23provisions of this Article. The registration period for any sex
24offender who is convicted of a violation of this Act, federal
25registration laws or any jurisdiction's registration laws
26shall register for the period of his or her natural life after

 

 

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1conviction or adjudication for the violation if not confined to
2a penal institution, hospital, or other institution or
3facility, and if confined, for the period of his or her natural
4life after parole, discharge, or release from any such facility
5fails to comply with any provision of the Act shall extend the
6period of registration by 10 years beginning from the first
7date of registration after the violation. If the registration
8period is extended, the Department of State Police shall send a
9registered letter to the law enforcement agency where the sex
10offender resides within 3 days after the extension of the
11registration period. The sex offender shall report to that law
12enforcement agency and sign for that letter. One copy of that
13letter shall be kept on file with the law enforcement agency of
14the jurisdiction where the sex offender resides and one copy
15shall be returned to the Department of State Police.
16(Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-169,
17eff. 8-14-07; 95-331, eff. 8-21-07; 95-513, eff. 6-1-08;
1895-640, eff. 6-1-08; 95-876, eff. 8-21-08.)
 
19    (730 ILCS 150/8)  (from Ch. 38, par. 228)
20    Sec. 8. Registration Requirements. Registration as
21required by this Article shall consist of a statement in
22writing signed by the person giving the information that is
23required by the Department of State Police, which shall may
24include the fingerprints, palm prints (subject to
25appropriation of funding by the General Assembly) and must

 

 

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1include a current photograph of the person, to be updated at
2each registration annually. If the sex offender is a child sex
3offender as defined in Section 11-9.3 or 11-9.4 of the Criminal
4Code of 1961, he or she shall sign a statement that he or she
5understands that according to Illinois law as a child sex
6offender he or she may not reside within 500 feet of a school,
7park, or playground. The offender may also not reside within
8500 feet of a facility providing services directed exclusively
9toward persons under 18 years of age unless the sex offender
10meets specified exemptions. The registration information must
11include whether the person is a sex offender as defined in the
12Sex Offender Community Notification Law. Within 3 days, the
13registering law enforcement agency shall forward any required
14information to the Department of State Police. The registering
15law enforcement agency shall enter the information into the Law
16Enforcement Agencies Data System (LEADS) as provided in
17Sections 6 and 7 of the Intergovernmental Missing Child
18Recovery Act of 1984.
19(Source: P.A. 93-979, eff. 8-20-04; 94-166, eff. 1-1-06;
2094-945, eff. 6-27-06.)
 
21    (730 ILCS 150/10.1 new)
22    Sec. 10.1. Non-Compliant Sex Offenders.
23    (a) If the registering law enforcement agency determines a
24sex offender or juvenile sex offender to be non-compliant with
25the registration requirements under this Act, the agency shall:

 

 

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

 

 

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

 

 

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1allocated to the Illinois State Police Sex Offender
2Registration Unit for education and administration of any
3Section of the Act.
4(Source: P.A. 93-979, eff. 8-20-04.)