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Full Text of SB1040  97th General Assembly

SB1040ham002 97TH GENERAL ASSEMBLY

Rep. Michelle Mussman

Filed: 5/13/2011

 

 


 

 


 
09700SB1040ham002LRB097 04757 RLC 55583 a

1
AMENDMENT TO SENATE BILL 1040

2    AMENDMENT NO. ______. Amend Senate Bill 1040 by replacing
3everything after the enacting clause with the following:
 
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    (Text of Section after amendment by P.A. 96-1551)
9    Sec. 2. Definitions.
10    (A) As used in this Article, "sex offender" means any
11person who is:
12        (1) charged pursuant to Illinois law, or any
13    substantially similar federal, Uniform Code of Military
14    Justice, sister state, law of another jurisdiction, tribe,
15    territory, District of Columbia, or foreign country law,
16    with a sex offense set forth in subsection (B) of this

 

 

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

 

 

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1        foreign country law substantially similar to Section
2        104-25(a) of the Code of Criminal Procedure of 1963 for
3        the alleged violation or attempted commission of such
4        offense; or
5            (g) receives a disposition of court supervision,
6        deferred sentence, deferred adjudication, or a similar
7        disposition for the offense, an attempt to commit the
8        offense, conspiracy to commit the offense, and
9        solicitation to commit the offense; or
10        (2) certified as a sexually dangerous person pursuant
11    to the Illinois Sexually Dangerous Persons Act, or any
12    substantially similar federal, Uniform Code of Military
13    Justice, sister state, or foreign country law; or
14        (3) subject to the provisions of Section 2 of the
15    Interstate Agreements on Sexually Dangerous Persons Act;
16    or
17        (4) found to be a sexually violent person pursuant to
18    the Sexually Violent Persons Commitment Act or any
19    substantially similar federal, Uniform Code of Military
20    Justice, sister state, or foreign country law; or
21        (5) adjudicated a juvenile delinquent as the result of
22    committing or attempting to commit an act which, if
23    committed by an adult, would constitute any of the offenses
24    specified in item (B), (C), or (C-5) of this Section or a
25    violation of any substantially similar federal, Uniform
26    Code of Military Justice, sister state, or foreign country

 

 

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1    law, or found guilty under Article V of the Juvenile Court
2    Act of 1987 of committing or attempting to commit an act
3    which, if committed by an adult, would constitute any of
4    the offenses specified in item (B), (C), or (C-5) of this
5    Section or a violation of any substantially similar
6    federal, Uniform Code of Military Justice, sister state, or
7    foreign country law.
8    Convictions that result from or are connected with the same
9act, or result from offenses committed at the same time, shall
10be counted for the purpose of this Article as one conviction.
11Any conviction set aside pursuant to law is not a conviction
12for purposes of this Article.
13     For purposes of this Section, "convicted" shall have the
14same meaning as "adjudicated".
15    (B) As used in this Article, "sex offense" means:
16        (1) A violation, attempted violation of, conspiracy to
17    commit, or solicitation to commit a violation of any of the
18    following Sections of the Criminal Code of 1961:
19            10-5.1 (luring a minor) for a second or subsequent
20        conviction,
21            11-20.1 (child pornography),
22            11-20.1B or 11-20.3 (aggravated child
23        pornography),
24            11-6 (indecent solicitation of a child),
25            11-9.1 (sexual exploitation of a child),
26            11-9.2 (custodial sexual misconduct),

 

 

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1            11-9.5 (sexual misconduct with a person with a
2        disability),
3            11-14.4 (promoting juvenile prostitution),
4            11-15.1 (soliciting for a juvenile prostitute),
5            11-18.1 (patronizing a juvenile prostitute),
6            11-17.1 (keeping a place of juvenile
7        prostitution),
8            11-19.1 (juvenile pimping),
9            11-19.2 (exploitation of a child),
10            11-25 (grooming),
11            11-26 (traveling to meet a minor),
12            11-1.20 or 12-13 (criminal sexual assault),
13            11-1.30 or 12-14 (aggravated criminal sexual
14        assault),
15            11-1.40 or 12-14.1 (predatory criminal sexual
16        assault of a child),
17            11-1.50 or 12-15 (criminal sexual abuse),
18            11-1.60 or 12-16 (aggravated criminal sexual
19        abuse),
20            12-33 (ritualized abuse of a child), .
21            26-4 (unauthorized video recording and live video
22        transmission), if the victim is under the age of 18.
23            An attempt to commit any of these offenses.
24        (1.5) A violation of any of the following Sections of
25    the Criminal Code of 1961, when the victim is a person
26    under 18 years of age, the defendant is not a parent of the

 

 

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1    victim, the offense was sexually motivated as defined in
2    Section 10 of the Sex Offender Management Board Act, and
3    the offense was committed on or after January 1, 1996:
4            10-1 (kidnapping),
5            10-2 (aggravated kidnapping),
6            10-3 (unlawful restraint),
7            10-3.1 (aggravated unlawful restraint).
8        (1.6) First degree murder under Section 9-1 of the
9    Criminal Code of 1961, when the victim was a person under
10    18 years of age and the defendant was at least 17 years of
11    age at the time of the commission of the offense, provided
12    the offense was sexually motivated as defined in Section 10
13    of the Sex Offender Management Board Act.
14        (1.7) (Blank).
15        (1.8) A violation or attempted violation of Section
16    11-11 (sexual relations within families) of the Criminal
17    Code of 1961, and the offense was committed on or after
18    June 1, 1997.
19        (1.9) Child abduction under paragraph (10) of
20    subsection (b) of Section 10-5 of the Criminal Code of 1961
21    committed by luring or attempting to lure a child under the
22    age of 16 into a motor vehicle, building, house trailer, or
23    dwelling place without the consent of the parent or lawful
24    custodian of the child for other than a lawful purpose and
25    the offense was committed on or after January 1, 1998,
26    provided the offense was sexually motivated as defined in

 

 

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1    Section 10 of the Sex Offender Management Board Act.
2        (1.10) A violation or attempted violation of any of the
3    following Sections of the Criminal Code of 1961 when the
4    offense was committed on or after July 1, 1999:
5            10-4 (forcible detention, if the victim is under 18
6        years of age), provided the offense was sexually
7        motivated as defined in Section 10 of the Sex Offender
8        Management Board Act,
9            11-6.5 (indecent solicitation of an adult),
10            11-14.3 that involves soliciting for a prostitute,
11        or 11-15 (soliciting for a prostitute, if the victim is
12        under 18 years of age),
13            subdivision (a)(2)(A) or (a)(2)(B) of Section
14        11-14.3, or Section 11-16 (pandering, if the victim is
15        under 18 years of age),
16            11-18 (patronizing a prostitute, if the victim is
17        under 18 years of age),
18            subdivision (a)(2)(C) of Section 11-14.3, or
19        Section 11-19 (pimping, if the victim is under 18 years
20        of age).
21        (1.11) A violation or attempted violation of any of the
22    following Sections of the Criminal Code of 1961 when the
23    offense was committed on or after August 22, 2002:
24            11-9 or 11-30 (public indecency for a third or
25        subsequent conviction).
26        (1.12) A violation or attempted violation of Section

 

 

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1    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
2    Criminal Code of 1961 (permitting sexual abuse) when the
3    offense was committed on or after August 22, 2002.
4        (2) A violation, attempted violation of, conspiracy to
5    commit, or solicitation to commit a violation of any former
6    law of this State substantially equivalent to any offense
7    listed in subsection (B) of this Section.
8    (C) A conviction for an offense of federal law, Uniform
9Code of Military Justice, or the law of another state or a
10foreign country that is substantially equivalent to any offense
11listed in subsections (B), (C), (E), and (E-5) of this Section
12shall constitute a conviction for the purpose of this Article.
13A finding or adjudication as a sexually dangerous person or a
14sexually violent person under any federal law, Uniform Code of
15Military Justice, or the law of another state or foreign
16country that is substantially equivalent to the Sexually
17Dangerous Persons Act or the Sexually Violent Persons
18Commitment Act shall constitute an adjudication for the
19purposes of this Article.
20    (C-1) A violation, attempted violation of, conspiracy to
21commit, or solicitation to commit a violation of any of the
22following Sections of Title 18 of the U.S. Code:
23        (A) 1591 (sex trafficking of children),
24        (B) 1801 (video voyeurism of a minor),
25        (C) 2241 (aggravated sexual abuse),
26        (D) 2242 (sexual abuse),

 

 

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1        (E) 2243 (sexual abuse of a minor or ward),
2        (F) 2244 (abusive sexual contact),
3        (G) 2245 (offenses resulting in death),
4        (H) 2251 (sexual exploitation of children),
5        (I) 2251A (selling or buying of children),
6        (J) 2252 (material involving the sexual exploitation
7    of minors),
8        (K) 2252A (material containing child pornography),
9        (L) 2252B (misleading domain names on the Internet),
10        (M) 2252C (misleading words or digital images on the
11    Internet),
12        (N) 2260 (production of sexually explicit depictions
13    of a minor for import into the United States),
14        (O) 2421 (transportation of a minor for illegal sexual
15    activity),
16        (P) 2422 (coercion and enticement of a minor for
17    illegal sexual activity),
18        (Q) 2423 (transportation of minors for illegal sexual
19    activity, travel with the intent to engage in illicit
20    sexual conduct with a minor, engaging in illicit sexual
21    conduct in foreign places),
22        (R) 2424 (failure to file a factual statement about an
23    alien individual),
24        (S) 2425 (transmitting information about a minor to
25    further criminal sexual conduct),
26        (T) A violation of any former federal law substantially

 

 

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1    equivalent to any offense in this subsection (C-1).
2    (C-5) A person at least 17 years of age at the time of the
3commission of the offense who is convicted of first degree
4murder under Section 9-1 of the Criminal Code of 1961, against
5a person under 18 years of age, shall be required to register
6for natural life. A conviction for an offense of federal,
7Uniform Code of Military Justice, sister state, or foreign
8country law that is substantially equivalent to any offense
9listed in subsection (C-5) of this Section shall constitute a
10conviction for the purpose of this Article. This subsection
11(C-5) applies to a person who committed the offense before June
121, 1996 only if the person is incarcerated in an Illinois
13Department of Corrections facility on August 20, 2004 (the
14effective date of Public Act 93-977).
15    (D) As used in this Article, "law enforcement agency having
16jurisdiction" means the Chief of Police in each of the
17municipalities in which the sex offender expects to reside,
18work, or attend school (1) upon his or her discharge, parole or
19release or (2) during the service of his or her sentence of
20probation or conditional discharge, or the Sheriff of the
21county, in the event no Police Chief exists or if the offender
22intends to reside, work, or attend school in an unincorporated
23area. "Law enforcement agency having jurisdiction" includes
24the location where out-of-state students attend school and
25where out-of-state employees are employed or are otherwise
26required to register.

 

 

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1    (D-1) As used in this Article, "supervising officer" means
2the assigned Illinois Department of Corrections parole agent or
3county probation officer.
4    (E) As used in this Article, "sexual predator" means any
5person who, after July 1, 1999, is:
6        (1) Convicted for an offense, conspiracy to commit the
7    offense, or solicitation to commit the offense of federal,
8    Uniform Code of Military Justice, sister state, or foreign
9    country law that is substantially equivalent to any offense
10    listed in subsection (E) or (E-5) of this Section shall
11    constitute a conviction for the purpose of this Article.
12    Convicted of a violation or attempted violation of any of
13    the following Sections of the Criminal Code of 1961, if the
14    conviction occurred after July 1, 1999:
15            11-14.4 that involves keeping a place of juvenile
16        prostitution, or 11-17.1 (keeping a place of juvenile
17        prostitution),
18            subdivision (a)(2) or (a)(3) of Section 11-14.4,
19        or Section 11-19.1 (juvenile pimping),
20            subdivision (a)(4) of Section 11-14.4, or Section
21        11-19.2 (exploitation of a child),
22            11-20.1 (child pornography),
23            11-20.1B or 11-20.3 (aggravated child
24        pornography),
25            11-1.20 or 12-13 (criminal sexual assault),
26            11-1.30 or 12-14 (aggravated criminal sexual

 

 

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1        assault),
2            11-1.40 or 12-14.1 (predatory criminal sexual
3        assault of a child),
4            11-1.60 or 12-16 (aggravated criminal sexual
5        abuse),
6            12-33 (ritualized abuse of a child);
7        (2) (blank);
8        (3) certified as a sexually dangerous person pursuant
9    to the Sexually Dangerous Persons Act or any substantially
10    similar federal, Uniform Code of Military Justice, sister
11    state, or foreign country law;
12        (4) found to be a sexually violent person pursuant to
13    the Sexually Violent Persons Commitment Act or any
14    substantially similar federal, Uniform Code of Military
15    Justice, sister state, or foreign country law;
16        (5) convicted of a second or subsequent offense which
17    requires registration pursuant to this Act. The conviction
18    for the second or subsequent offense must have occurred
19    after July 1, 1999. For purposes of this paragraph (5),
20    "convicted" shall include a conviction under any
21    substantially similar Illinois, federal, Uniform Code of
22    Military Justice, sister state, or foreign country law; or
23        (6) convicted of a second or subsequent offense of
24    luring a minor under Section 10-5.1 of the Criminal Code of
25    1961; or .
26        (7) a violation of any of the following Sections of

 

 

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1    Title 18 of the U.S. Code:
2            2241 (aggravated sexual abuse),
3            2242 (sexual abuse),
4            2244 (abusive sexual contact).
5    (E-5) As used in this Article, "sexual predator" also means
6a person convicted of a violation or attempted violation,
7conspiracy to commit the offense, or solicitation to commit the
8offense of any of the following Sections of the Criminal Code
9of 1961:
10        (1) Section 9-1 (first degree murder, when the victim
11    was a person under 18 years of age and the defendant was at
12    least 17 years of age at the time of the commission of the
13    offense, provided the offense was sexually motivated as
14    defined in Section 10 of the Sex Offender Management Board
15    Act);
16        (2) Section 11-9.5 (sexual misconduct with a person
17    with a disability);
18        (3) when the victim is a person under 18 years of age,
19    the defendant is not a parent of the victim, the offense
20    was sexually motivated as defined in Section 10 of the Sex
21    Offender Management Board Act, and the offense was
22    committed on or after January 1, 1996: (A) Section 10-1
23    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
24    (C) Section 10-3 (unlawful restraint), and (D) Section
25    10-3.1 (aggravated unlawful restraint); and
26        (4) Section 10-5(b)(10) (child abduction committed by

 

 

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

 

 

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1    (I) As used in this Article, "fixed residence" means any
2and all places that a sex offender resides for an aggregate
3period of time of 5 or more days in a calendar year.
4    (J) As used in this Article, "Internet protocol address"
5means the string of numbers by which a location on the Internet
6is identified by routers or other computers connected to the
7Internet.
8    (K) As used in this Article, "temporary domicile" means any
9and all places where the sex offender resides for an aggregate
10period of time of 3 or more days during any calendar year.
11    (L) As used in this Article, "conviction" means any
12conviction of any such offense, an attempt to commit such
13offense, conspiracy to commit the offense, solicitation to
14commit the offense, or adjudication.
15(Source: P.A. 95-331, eff. 8-21-07; 95-579, eff. 6-1-08;
1695-625, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff.
178-21-08; 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11; 96-1551,
18eff. 7-1-11.)
 
19    (730 ILCS 150/3)
20    (Text of Section after amendment by P.A. 96-1551)
21    Sec. 3. Duty to register.
22    (a) A sex offender, as defined in Section 2 of this Act, or
23sexual predator shall, within the time period prescribed in
24subsections (b) and (c), register in person and provide
25accurate information as required by the Department of State

 

 

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

 

 

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1of the victim at the time of the commission of the offense, and
2any distinguishing marks located on the body of the sex
3offender. The information shall also include any nicknames,
4aliases, pseudonyms, ethnic or tribal names by which the
5offender is commonly known. A photocopy of a valid driver's
6license or identification card must also be provided at the
7time of registration. Passports, immigration documents, and
8any occupational licenses shall also be submitted. A sex
9offender convicted under Section 11-6, 11-20.1, 11-20.1B,
1011-20.3, or 11-21 of the Criminal Code of 1961 shall provide
11all Internet protocol (IP) addresses in his or her residence,
12registered in his or her name, accessible at his or her place
13of employment, or otherwise under his or her control or
14custody. If the sex offender is a child sex offender as defined
15in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961, the
16sex offender shall report to the registering agency whether he
17or she is living in a household with a child under 18 years of
18age who is not his or her own child, provided that his or her
19own child is not the victim of the sex offense. The sex
20offender or sexual predator shall register:
21        (1) with the chief of police in the municipality in
22    which he or she resides or is temporarily domiciled for a
23    period of time of 3 or more days, unless the municipality
24    is the City of Chicago, in which case he or she shall
25    register at the Chicago Police Department Headquarters; or
26        (2) with the sheriff in the county in which he or she

 

 

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

 

 

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

 

 

09700SB1040ham002- 20 -LRB097 04757 RLC 55583 a

1student or out-of-state employee shall register:
2        (1) with the chief of police in the municipality in
3    which he or she attends school or is employed for a period
4    of time of 5 or more days or for an aggregate period of
5    time of more than 30 days during any calendar year, unless
6    the municipality is the City of Chicago, in which case he
7    or she shall register at the Chicago Police Department
8    Headquarters; or
9        (2) with the sheriff in the county in which he or she
10    attends school or is employed for a period of time of 5 or
11    more days or for an aggregate period of time of more than
12    30 days during any calendar year in an unincorporated area
13    or, if incorporated, no police chief exists.
14    The out-of-state student or out-of-state employee shall
15provide accurate information as required by the Department of
16State Police. That information shall include the out-of-state
17student's current place of school attendance or the
18out-of-state employee's current place of employment.
19    (a-10) Any law enforcement agency registering sex
20offenders or sexual predators in accordance with subsections
21(a) or (a-5) of this Section shall forward to the Attorney
22General a copy of sex offender registration forms from persons
23convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
2411-21 of the Criminal Code of 1961, including periodic and
25annual registrations under Section 6 of this Act.
26    (b) Any sex offender, as defined in Section 2 of this Act,

 

 

09700SB1040ham002- 21 -LRB097 04757 RLC 55583 a

1or sexual predator, regardless of any initial, prior, or other
2registration, shall, within 3 days of beginning school, or
3establishing a residence, place of employment, or temporary
4domicile in any county, register in person as set forth in
5subsection (a) or (a-5).
6    (c) The registration for any person required to register
7under this Article shall be as follows:
8        (1) Any person registered under the Habitual Child Sex
9    Offender Registration Act or the Child Sex Offender
10    Registration Act prior to January 1, 1996, shall be deemed
11    initially registered as of January 1, 1996; however, this
12    shall not be construed to extend the duration of
13    registration set forth in Section 7.
14        (2) Except as provided in subsection (c)(4), any person
15    convicted or adjudicated prior to January 1, 1996, whose
16    liability for registration under Section 7 has not expired,
17    shall register in person prior to January 31, 1996.
18        (2.5) Except as provided in subsection (c)(4), any
19    person who has not been notified of his or her
20    responsibility to register shall be notified by a criminal
21    justice entity of his or her responsibility to register.
22    Upon notification the person must then register within 3
23    days of notification of his or her requirement to register.
24    If notification is not made within the offender's 10 year
25    registration requirement, and the Department of State
26    Police determines no evidence exists or indicates the

 

 

09700SB1040ham002- 22 -LRB097 04757 RLC 55583 a

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

 

 

09700SB1040ham002- 23 -LRB097 04757 RLC 55583 a

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

 

 

09700SB1040ham002- 24 -LRB097 04757 RLC 55583 a

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. 95-229, eff. 8-16-07; 95-579, eff. 6-1-08;
795-640, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff.
88-21-08; 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; 96-1097,
9eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. 1-1-11;
1096-1551, eff. 7-1-11.)
 
11    (730 ILCS 150/6)
12    Sec. 6. Duty to report; change of address, school, or
13employment; duty to inform. A person who has been adjudicated
14to be a sexually dangerous person or is a sexually violent
15person and is later released, or found to be no longer sexually
16dangerous or no longer a sexually violent person and
17discharged, or convicted of a violation of this Act or any
18federal failure to register offense or any other jurisdiction's
19registration Act after July 1, 2005 or is a sexual predator,
20shall report in person to the law enforcement agency with whom
21he or she last registered no later than 90 days after the date
22of his or her last registration and every 90 days thereafter
23and at such other times at the request of the law enforcement
24agency not to exceed 4 times a year. Such sexually dangerous or
25sexually violent person must report all new or changed e-mail

 

 

09700SB1040ham002- 25 -LRB097 04757 RLC 55583 a

1addresses, all new or changed instant messaging identities, all
2new or changed chat room identities, and all other new or
3changed Internet communications identities that the sexually
4dangerous or sexually violent person uses or plans to use, all
5new or changed Uniform Resource Locators (URLs) registered or
6used by the sexually dangerous or sexually violent person, and
7all new or changed blogs and other Internet sites maintained by
8the sexually dangerous or sexually violent person or to which
9the sexually dangerous or sexually violent person has uploaded
10any content or posted any messages or information. Any person
11who lacks a fixed residence must report weekly, in person, to
12the appropriate law enforcement agency where the sex offender
13is located.
14    Any other person who is required to register under this
15Article who is convicted or adjudicated of a misdemeanor
16offense shall report in person to the appropriate law
17enforcement agency with whom he or she last registered within
18one year from the date of last registration and every year
19thereafter and at such other times at the request of the law
20enforcement agency not to exceed 4 times a year.
21    Any other person who is required to register under this
22Article shall be required to register for a period of 25 years
23after conviction or adjudication if not confined to a penal
24institution, hospital or any other institution or facility, and
25if confined, for a period of 25 years after parole, discharge
26or release from any such facility. Any such person required to

 

 

09700SB1040ham002- 26 -LRB097 04757 RLC 55583 a

1register for a period of 25 years shall report in person to the
2law enforcement agency with whom he or she last registered no
3later than 6 months after the date of his or her last
4registration and every 6 months thereafter for the duration of
5his or her registration.
6    If any person required to register under this Article lacks
7a fixed residence or temporary domicile, he or she must notify,
8in person, the agency of jurisdiction of his or her last known
9address within 3 days after ceasing to have a fixed residence
10and if the offender leaves the last jurisdiction of residence,
11he or she, must within 3 days after leaving register in person
12with the new agency of jurisdiction. If any other person
13required to register under this Article changes his or her
14residence address, place of employment, telephone number,
15cellular telephone number, or school, he or she shall report in
16person, to the law enforcement agency with whom he or she last
17registered, his or her new address, change in employment,
18telephone number, cellular telephone number, or school, all new
19or changed e-mail addresses, all new or changed instant
20messaging identities, all new or changed chat room identities,
21and all other new or changed Internet communications identities
22that the sex offender uses or plans to use, all new or changed
23Uniform Resource Locators (URLs) registered or used by the sex
24offender, and all new or changed blogs and other Internet sites
25maintained by the sex offender or to which the sex offender has
26uploaded any content or posted any messages or information, and

 

 

09700SB1040ham002- 27 -LRB097 04757 RLC 55583 a

1register, in person, with the appropriate law enforcement
2agency within the time period specified in Section 3. If the
3sex offender is a child sex offender as defined in Section
411-9.3 or 11-9.4 of the Criminal Code of 1961, the sex offender
5shall within 3 days after beginning to reside in a household
6with a child under 18 years of age who is not his or her own
7child, provided that his or her own child is not the victim of
8the sex offense, report that information to the registering law
9enforcement agency. The law enforcement agency shall, within 3
10days of the reporting in person by the person required to
11register under this Article, notify the Department of State
12Police of the new place of residence, change in employment,
13telephone number, cellular telephone number, or school.
14    If any person required to register under this Article
15intends to establish a residence or employment outside of the
16State of Illinois, at least 3 10 days before establishing that
17residence or employment, he or she shall report in person to
18the law enforcement agency with which he or she last registered
19of his or her out-of-state intended residence or employment.
20The law enforcement agency with which such person last
21registered shall, within 3 days after the reporting in person
22of the person required to register under this Article of an
23address or employment change, notify the Department of State
24Police. The Department of State Police shall forward such
25information to the out-of-state law enforcement agency having
26jurisdiction in the form and manner prescribed by the

 

 

09700SB1040ham002- 28 -LRB097 04757 RLC 55583 a

1Department of State Police.
2(Source: P.A. 95-229, eff. 8-16-07; 95-331, eff. 8-21-07;
395-640, eff. 6-1-08; 95-876, eff. 8-21-08; 96-1094, eff.
41-1-11; 96-1104, eff. 1-1-11; revised 9-2-10.)
 
5    (730 ILCS 150/7)  (from Ch. 38, par. 227)
6    Sec. 7. Duration of registration. A person who has been
7adjudicated to be sexually dangerous and is later released or
8found to be no longer sexually dangerous and discharged, shall
9register for the period of his or her natural life. A sexually
10violent person or sexual predator shall register for the period
11of his or her natural life after conviction or adjudication if
12not confined to a penal institution, hospital, or other
13institution or facility, and if confined, for the period of his
14or her natural life after parole, discharge, or release from
15any such facility. A person who becomes subject to registration
16under this Article who has previously been subject to
17registration under this Article or under the Child Murderer and
18Violent Offender Against Youth Registration Act or similar
19registration requirements of other jurisdictions shall
20register for the period of his or her natural life if not
21confined to a penal institution, hospital, or other institution
22or facility, and if confined, for the period of his or her
23natural life after parole, discharge, or release from any such
24facility. Any other person who is required to register under
25this Article who is convicted or adjudicated of a misdemeanor

 

 

09700SB1040ham002- 29 -LRB097 04757 RLC 55583 a

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

 

 

09700SB1040ham002- 30 -LRB097 04757 RLC 55583 a

1Article. Reconfinement due to a violation of parole or other
2circumstances that relates to the original conviction or
3adjudication shall extend the period of registration to 10
4years after final parole, discharge, or release. Reconfinement
5due to a violation of parole or other circumstances that do not
6relate to the original conviction or adjudication shall toll
7the running of the balance of the 10-year period of
8registration, which shall not commence running until after
9final parole, discharge, or release. The Director of State
10Police, consistent with administrative rules, shall extend for
1110 years the registration period of any sex offender, as
12defined in Section 2 of this Act, who fails to comply with the
13provisions of this Article. The registration period for any sex
14offender who is convicted of a violation of this Act, federal
15registration laws or any jurisdiction's registration laws
16shall register for the period of his or her natural life after
17conviction or adjudication for the violation if not confined to
18a penal institution, hospital, or other institution or
19facility, and if confined, for the period of his or her natural
20life after parole, discharge, or release from any such facility
21fails to comply with any provision of the Act shall extend the
22period of registration by 10 years beginning from the first
23date of registration after the violation. If the registration
24period is extended, the Department of State Police shall send a
25registered letter to the law enforcement agency where the sex
26offender resides within 3 days after the extension of the

 

 

09700SB1040ham002- 31 -LRB097 04757 RLC 55583 a

1registration period. The sex offender shall report to that law
2enforcement agency and sign for that letter. One copy of that
3letter shall be kept on file with the law enforcement agency of
4the jurisdiction where the sex offender resides and one copy
5shall be returned to the Department of State Police.
6(Source: P.A. 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; 95-169,
7eff. 8-14-07; 95-331, eff. 8-21-07; 95-513, eff. 6-1-08;
895-640, eff. 6-1-08; 95-876, eff. 8-21-08.)
 
9    (730 ILCS 150/8)  (from Ch. 38, par. 228)
10    Sec. 8. Registration Requirements. Registration as
11required by this Article shall consist of a statement in
12writing signed by the person giving the information that is
13required by the Department of State Police, which shall may
14include the fingerprints, palm prints (subject to
15appropriation of funding by the General Assembly) and must
16include a current photograph of the person, to be updated at
17each registration annually. 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, he or she shall sign a statement that he or she
20understands that according to Illinois law as a child sex
21offender he or she may not reside within 500 feet of a school,
22park, or playground. The offender may also not reside within
23500 feet of a facility providing services directed exclusively
24toward persons under 18 years of age unless the sex offender
25meets specified exemptions. The registration information must

 

 

09700SB1040ham002- 32 -LRB097 04757 RLC 55583 a

1include whether the person is a sex offender as defined in the
2Sex Offender Community Notification Law. Within 3 days, the
3registering law enforcement agency shall forward any required
4information to the Department of State Police. The registering
5law enforcement agency shall enter the information into the Law
6Enforcement Agencies Data System (LEADS) as provided in
7Sections 6 and 7 of the Intergovernmental Missing Child
8Recovery Act of 1984.
9(Source: P.A. 93-979, eff. 8-20-04; 94-166, eff. 1-1-06;
1094-945, eff. 6-27-06.)
 
11    (730 ILCS 150/10.1 new)
12    Sec. 10.1. Non-Compliant Sex Offenders.
13    (a) If the registering law enforcement agency determines a
14sex offender or juvenile sex offender to be non-compliant with
15the registration requirements under this Act, the agency shall:
16        (1) Update LEADS to reflect the sex offender or
17    juvenile sex offender's non-compliant status.
18        (2) Notify the Department of State Police within 3
19    calendar days of determining a sex offender or juvenile sex
20    offender is non-compliant.
21        (3) Make reasonable efforts to locate the
22    non-compliant sex offender or juvenile sex offender.
23        (4) If unsuccessful in locating the non-compliant sex
24    offender or juvenile sex offender, attempt to secure an
25    arrest warrant based on his or her failure to comply with

 

 

09700SB1040ham002- 33 -LRB097 04757 RLC 55583 a

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

 

 

09700SB1040ham002- 34 -LRB097 04757 RLC 55583 a

1this Act, the Department of State Police must inform the
2jurisdiction that provided the notification that the sex
3offender failed to appear for registration.
 
4    (730 ILCS 150/11)
5    Sec. 11. Sex offender registration fund. There is created
6the Sex Offender Registration Fund. Moneys in the Fund shall be
7used to cover costs incurred by the criminal justice system to
8administer this Article. The Department of State Police shall
9establish and promulgate rules and procedures regarding the
10administration of this Fund. The moneys deposited into this
11Fund shall be used by the Department of State Police to
12maintain and update the Illinois State Police Sex Offender
13Registry and Fifty percent of the moneys in the Fund shall be
14allocated by the Department for sheriffs' offices and police
15departments. The remaining moneys in the Fund shall be
16allocated to the Illinois State Police Sex Offender
17Registration Unit for education and administration of any
18Section of the Act.
19(Source: P.A. 93-979, eff. 8-20-04.)
 
20    Section 10. The Sex Offender Community Notification Law is
21amended by changing Section 116 as follows:
 
22    (730 ILCS 152/116)
23    Sec. 116. Missing Sex Offender Database.

 

 

09700SB1040ham002- 35 -LRB097 04757 RLC 55583 a

1    (a) The Department of State Police shall establish and
2maintain a Statewide Missing Sex Offender Database for the
3purpose of identifying missing sex offenders and making that
4information available to the persons specified in Sections 120
5and 125 of this Law. The Database shall be created from the Law
6Enforcement Agencies Data System (LEADS) established under
7Section 6 of the Intergovernmental Missing Child Recovery Act
8of 1984. The Department of State Police shall examine its LEADS
9database for persons registered as sex offenders under the Sex
10Offender Registration Act and shall identify those who are sex
11offenders and who have not complied with the provisions of
12Section 6 of that Act or whose address can not be verified
13under Section 8-5 of that Act and shall add all the
14information, including photographs if available, on those
15missing sex offenders to the Statewide Sex Offender Database.
16    (b) The Department of State Police must make the
17information contained in the Statewide Missing Sex Offender
18Database accessible on the Internet by means of a hyperlink
19labeled "Missing Sex Offender Information" on the Department's
20World Wide Web home page and on the Attorney General's I-SORT
21page. The Department of State Police must update that
22information as it deems necessary. The Internet page shall also
23include information that rewards may be are available to
24persons who inform the Department of State Police or a local
25law enforcement agency of the whereabouts of a missing sex
26offender.

 

 

09700SB1040ham002- 36 -LRB097 04757 RLC 55583 a

1    The Department of State Police may require that a person
2who seeks access to the missing sex offender information submit
3biographical information about himself or herself before
4permitting access to the missing sex offender information. The
5Department of State Police must promulgate rules in accordance
6with the Illinois Administrative Procedure Act to implement
7this subsection (b) and those rules must include procedures to
8ensure that the information in the database is accurate.
9    (c) The Department of State Police, Sex Offender
10Registration Unit, must develop and conduct training to educate
11all those entities involved in the Missing Sex Offender
12Registration Program.
13(Source: P.A. 95-817, eff. 8-14-08.)
 
14    Section 15. The Child Murderer and Violent Offender Against
15Youth Registration Act is amended by changing Section 5 as
16follows:
 
17    (730 ILCS 154/5)
18    Sec. 5. Definitions.
19    (a) As used in this Act, "violent offender against youth"
20means any person who is:
21        (1) charged pursuant to Illinois law, or any
22    substantially similar federal, Uniform Code of Military
23    Justice, sister state, or foreign country law, with a
24    violent offense against youth set forth in subsection (b)

 

 

09700SB1040ham002- 37 -LRB097 04757 RLC 55583 a

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

 

 

09700SB1040ham002- 38 -LRB097 04757 RLC 55583 a

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

 

 

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1age shall be considered as having committed the violent offense
2against youth on or after the 17th birthday of the violent
3offender against youth. Registration of juveniles upon
4attaining 17 years of age shall not extend the original
5registration of 10 years from the date of conviction.
6    (b) As used in this Act, "violent offense against youth"
7means:
8        (1) A violation of any of the following Sections of the
9    Criminal Code of 1961, when the victim is a person under 18
10    years of age and the offense was committed on or after
11    January 1, 1996:
12            10-1 (kidnapping),
13            10-2 (aggravated kidnapping),
14            10-3 (unlawful restraint),
15            10-3.1 (aggravated unlawful restraint),
16            12-3.2 (domestic battery),
17            12-3.3 (aggravated domestic battery),
18            12-4 (aggravated battery),
19            12-4.1 (heinous battery),
20            12-4.3 (aggravated battery of a child),
21            12-4.4 (aggravated battery of an unborn child),
22            12-33 (ritualized abuse of a child).
23            An attempt to commit any of these offenses.
24        (2) First degree murder under Section 9-1 of the
25    Criminal Code of 1961, when the victim was a person under
26    18 years of age and the defendant was at least 17 years of

 

 

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1    age at the time of the 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    committed by luring or attempting to lure a child under the
5    age of 16 into a motor vehicle, building, house trailer, or
6    dwelling place without the consent of the parent or lawful
7    custodian of the child for other than a lawful purpose and
8    the offense was committed on or after January 1, 1998.
9        (4) A violation or attempted violation of any of the
10    following Section Sections of the Criminal Code of 1961
11    when the offense was committed on or after July 1, 1999:
12            10-4 (forcible detention, if the victim is under 18
13        years of age).
14        (4.1) Involuntary manslaughter under Section 9-3 of
15    the Criminal Code of 1961 where baby shaking was the
16    proximate cause of death of the victim of the offense.
17        (4.2) Endangering the life or health of a child under
18    Section 12-21.6 of the Criminal Code of 1961 that results
19    in the death of the child where baby shaking was the
20    proximate cause of the death of the child.
21        (5) A violation of any former law of this State
22    substantially equivalent to any offense listed in this
23    subsection (b).
24    (c) A conviction for an offense of federal law, Uniform
25Code of Military Justice, or the law of another state or a
26foreign country that is substantially equivalent to any offense

 

 

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1listed in subsections (b) and (c-5) of this Section shall
2constitute a conviction for the purpose of this Act.
3    (c-5) A person at least 17 years of age at the time of the
4commission of the offense who is convicted of first degree
5murder under Section 9-1 of the Criminal Code of 1961, against
6a person under 18 years of age, shall be required to register
7for natural life. A conviction for an offense of federal,
8Uniform Code of Military Justice, sister state, or foreign
9country law that is substantially equivalent to any offense
10listed in this subsection (c-5) shall constitute a conviction
11for the purpose of this Act. This subsection (c-5) applies to a
12person who committed the offense before June 1, 1996 only if
13the person is incarcerated in an Illinois Department of
14Corrections facility on August 20, 2004.
15    (c-6) The registration of a person who was registered under
16this Act before the effective date of this amendatory Act of
17the 97th General Assembly for the commission of the offense of
18kidnapping, aggravated kidnapping, unlawful restraint, or
19aggravated unlawful restraint when the victim was a person
20under 18 years of age or for child abduction committed by
21luring or attempting to lure a child under the age of 16 into a
22motor vehicle, building, house trailer, or dwelling place
23without the consent of the parent or lawful custodian of the
24child for other than a lawful purpose, shall be transferred to
25the Sex Offender Registry created under the Sex Offender
26Registration Act on the effective date of this amendatory Act

 

 

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1of the 97th General Assembly. On and after the effective date
2of this amendatory Act of the 97th General Assembly,
3registration of a person who commits any of the offenses
4described in this subsection (c-6) shall be under the Sex
5Offender Registration Act and not this Act.
6    (d) As used in this Act, "law enforcement agency having
7jurisdiction" means the Chief of Police in each of the
8municipalities in which the violent offender against youth
9expects to reside, work, or attend school (1) upon his or her
10discharge, parole or release or (2) during the service of his
11or her sentence of probation or conditional discharge, or the
12Sheriff of the county, in the event no Police Chief exists or
13if the offender intends to reside, work, or attend school in an
14unincorporated area. "Law enforcement agency having
15jurisdiction" includes the location where out-of-state
16students attend school and where out-of-state employees are
17employed or are otherwise required to register.
18    (e) As used in this Act, "supervising officer" means the
19assigned Illinois Department of Corrections parole agent or
20county probation officer.
21    (f) As used in this Act, "out-of-state student" means any
22violent offender against youth who is enrolled in Illinois, on
23a full-time or part-time basis, in any public or private
24educational institution, including, but not limited to, any
25secondary school, trade or professional institution, or
26institution of higher learning.

 

 

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1    (g) As used in this Act, "out-of-state employee" means any
2violent offender against youth who works in Illinois,
3regardless of whether the individual receives payment for
4services performed, for a period of time of 10 or more days or
5for an aggregate period of time of 30 or more days during any
6calendar year. Persons who operate motor vehicles in the State
7accrue one day of employment time for any portion of a day
8spent in Illinois.
9    (h) As used in this Act, "school" means any public or
10private educational institution, including, but not limited
11to, any elementary or secondary school, trade or professional
12institution, or institution of higher education.
13    (i) As used in this Act, "fixed residence" means any and
14all places that a violent offender against youth resides for an
15aggregate period of time of 5 or more days in a calendar year.
16    (j) As used in this Act, "baby shaking" means the vigorous
17shaking of an infant or a young child that may result in
18bleeding inside the head and cause one or more of the following
19conditions: irreversible brain damage; blindness, retinal
20hemorrhage, or eye damage; cerebral palsy; hearing loss; spinal
21cord injury, including paralysis; seizures; learning
22disability; central nervous system injury; closed head injury;
23rib fracture; subdural hematoma; or death.
24(Source: P.A. 96-1115, eff. 1-1-11; 96-1294, eff. 7-26-10;
25revised 9-2-10.)".